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eMg1 BOARD OF COUNTY COMMISSIONERST. PAGE THARP GOVERNMENTAL BUILDING
102 STARKSVILLE AVENUE NORTH, LEESBURG, GEORGIA 31763
LEE COUNTYTUESDAY,
THARP BUILDING
P M
T. PMEETING AGENDA/
Life works well here. OPAL CANNON AUDITORIUMVOTING SESSION
COUNTY COMMISSIONERS COUNTY STAFF
Rick Muggridge, Chairman District 4 Christi Dockery, Co- Interim County ManagerDennis Roland, Vice- Chairman District 1 Mike Sistrunk, Co- Interim County ManagerLuke Singletary, Commissioner District 2 Jimmy Skipper, County AttorneyGreg Frich, Commissioner District 5
Billy Mathis, Commissioner District 3
PAGE
1. INVOCATION
2. PLEDGE OF ALLEGIANCE
3. CALL TO ORDER
4. APPROVAL OF MINUTES
A) Consideration to approve the Board of Commissioners meeting minutes for May 24, 2016. 1- 3
B) Consideration to approve Budget Committee meeting minutes for May 24, 2016. 4- 5
Hand- Out
5. CONSENT AGENDA
NONE
6. NEW BUSINESS
A) Greg Crowder, Sumter EMC Vice President, Capital Credit Check from Sumter EMC.
B) Veronica Johnson, Lee County Board of Elections Supervisor, discussion of DFCS, Boardappointments and Budget issues.
7. PUBLIC HEARING
A) The Lee County Board of Commissioners BUDGET PUBLIC HEARING regarding the proposed 5A
2016/ 2017 budget will be held June 14, 2016 at 6: 00 p.m. at the T. Page Tharp GovernmentalBuilding, 102 Starksville Avenue North, Leesburg, GA. This Public Hearing is open to thepublic and the public is encouraged to attend. This hearing has been advertised on LeeCounty' s Facebook page, website and the legal organ- Lee Ledger.
8. DEPARTMENTAL MATTERS
Planning, Zoning& EngineeringA) Review of Planning Commission meeting minutes of May 17, 2016. 6- 7
I
9. CONSTITUTIONAL OFFICERS& GOVERNMENTAL BOARDS/ AUTHORITIES
A) Consideration to appoint one member, to fill a vacant position, to the Lee County Housing 8- 11
Authority for a 5 year term. Current term expired 7/ 4/ 15. Letter of interest from Kerri
Davis.
B) Consideration to appoint three members to the Lee County Board of Family & Children 12A- 15A
Services for a 5 year term. Current term expires 06/ 30/ 16 and two vacancies expiring06/ 30/ 16 and 06/ 30/ 18. Letters of interest received from Charles Moore, Shawn McTyeire
and Jennifer Goode.
C) Consideration to appoint two members to the DARTS Citizens Transportation Committee 16- 18
Board for a 2 year term. Current terms expire 06/ 24/ 16. Letters of interest received from Lee
N. Johnston, III and Dr. Peter A. Ngwafu.
D) Consideration to appoint three members to the Lee County Utilities Authority Board for a one 19- 23
year term. Current Terms expire 06/ 30/ 16. Letters of Interest received from Robert Usry,George Walls, Victor Stubbs and Donna Ford.
10. COUNTY MANAGER' S MATTERS
A) Consideration to approve Professional Services Agreement with Waterhouse Engineering 24- 28
previously known as H & H Resources. Presentation by Mike Talley, P. E., CFM with
Waterhouse Engineering.
B) Consideration to approve an Ordinance to amend Chapter 2, Article VI, Division 2 of the Code 29- 31
of Ordinances of Lee County with respect to the County's purchasing Ordinances; to provide adefinition of local vendors; to provide for purchases from local vendors under certain
circumstances.
C) Consideration to approve Encroachment Agreement with Colonial Pipeline in connection 32- 39
with the Forrester/ Westover Connector Project. ACTION
D) Consideration to approve Encroachment Agreement with Georgia Transmission in 40- 47
connection with the Forrester/ Westover Connector Project. ACTION
E) Consideration to approve Encroachment Agreement with Georgia Power in connection with 48- 59
the Forrester/ Westover Connector Project Right-of-Way Acquisition. ACTION
F) Consideration to award bid for the renovation of the Lee County Courthouse. ACTION 60- 62
G) Consideration to approve new policy for the Lee County Landfill. 63- 64
H) Discussion of State Plan of Operations between the State of Georgia Department of Public 65- 81
Safety Excess Property Program ( 1033) and the Lee County Marshal' s Office.
I) Consideration to appoint committee to develop the Courthouse Centennial Celebration for 82
Wednesday, July 5, 2017 and approve a budgeted line item for this celebration.
J) Consideration to approve ACCG renewal for Property and Liability Insurance coverage. 83- 88
K) Consideration to approve a Resolution for the granting of leases for 119 Creekside Place, 100 89- 109
Creekside Place, 109 Creekside Place and 474 Creekside Drive for up to five years for HazardMitigation/ Greenspace lots.
II
L) Consideration to approve Indigent Defense Contract, for the second half of 2016, between the 110- 128
Office of the Circuit Public Defender of the Southwestern Judicial Circuit and the GoverningAuthorities of Lee, Macon, Schley, Stewart, Sumter and Webster Counties.
M) Lee County Capital Projects Update. 129
N) Discussion of Fire/ EMS Options.
11. COMMISSIONER' S MATTERS
NONE
12. OLD BUSINESS
NONE
13. COUNTY ATTORNEY'S MATTERS
NONE
14. EXECUTIVE SESSION
NONE
15. PUBLIC FORUM
Up to six individuals will be allowed to address the Board of Commissioners for up to twominutes each. Individuals should sign up prior to the start of the meeting.
16. ANNOUNCEMENTS
A) The next regularly scheduled County Commission Meeting is June 28, 2016 @ 6: 00 p.m.
17. ADJOURNMENT
AGENDA MAY CHANGE WITHOUT NOTICE
Lee County is a thriving vibrant community celebratedfor its value of tradition encompassing a safefamily oriented community,schools ofexcellence, and life long opportunitiesfor prosperity and happiness without sacrificing the rural agricultural tapestry.
Persons with special needs relating to handicapped accessibility or foreign language interpretation should contact Katrina Chambers, ADA Coordinator, at( 229)759- 6000 or through the Georgia Relay Service( 800) 255- 0056( TDD) or( 800) 355- 0135( voice). This person can be contacted at the T. Page Tharp Building inLeesburg, Georgia between the hours of 9: 00 a. m. and 4: 00 p. m., Monday through Friday, except holidays.
III
BOARD OF COUNTY COMMISSIONERST. PAGE THARP GOVERNMENTAL BUILDING
f
102 STARKSVILLE AVENUE NORTH, LEESBURG, GEORGIA 31763N I .'' ,;', 1
r
LEE COUNTY TUESDAY, MAY 24, 2016, 6: 00 P. M.
T. PAGE THARP BUILDINGLDING MEETING MINUTES
Life works well here. OPAL CANNON AUDITORIUM
COUNTY COMMISSIONERS COUNTY STAFF
Rick Muggridge, Chairman District 4 Christi Dockery, Co- Interim County ManagerDennis Roland, Vice-Chairman District 1 Mike Sistrunk, Co- Interim County ManagerLuke Singletary, Commissioner' District 2 Jimmy,Skipper, County AttorneyGreg Frich, Commissioner District 5 r
Billy Mathis, Commissioner District 3
The Lee County Board of Commissioners met in; avoting session `o%. Tuesday, May 24, 2016. Themeeting was held in the Opal Cannon Auditorium`-of the Lee County' T. Page Tharp GovernmentalBuilding in Leesburg, Georgia. Those present were;:Commissioners Dennis; Roland, Greg Frich, BillyMathis, and Chairman Rick Muggridge. Commissione Luke Singletary was absent. Staff in attendancewas Co- Interim County Managers Mike;Sistrunk and Christi Dockery. County Attorney Jimmy Skipperwas absent. Commissioner Frich gave the:invocation and Vice-Chairman Roland called the meeting toorder at 6: 05 P. M.
INVOCATION j
PLEDGE OF ALLEGIANCE
CALL TO ORDER
APPROVAL OF"M-INUTESA) Consideration;to.approve the'-Board of Commissioners meeting minutes May 10. 2016
The Board of Commissioners meeting minutes were approved as presented.
B) Consideration to approve Boardof Commissioners Special Called meeting minutes of April 19,2016.
The Board of Commissioners:meeting minutes were approved as presented.
CONSENT AGENDA
A) Consideration to approve renewal of Lee County"Baseball. Inc. d/ b/ a Lee County Youth Baseball,Inc. Agreement with proposed changes.
B) Consideration to approve Agreement for Professional Services with EMC Engineering Services, Inc.Commissioner Roland made a MOTION to approve the Consent Agenda for the May 24, 2016 Board ofCommissioners meeting. Commissioner Frich seconded the MOTION. The MOTION was unanimous withCommissioners Mathis and Muggridge voting yea.
1
NEW BUSINESS
NONE
PUBLIC HEARING
NONE
DEPARTMENTAL MATTERS
NONE
CONSTITUTIONAL OFFICERS & GOVERNMENTAL BOARDS/ AUTHORITIESNONE
COUNTY MANAGER'S MATTERS
A) Consideration to approve the SAVE Program Anticipated C̀ollections Addendum.Commissioner Roland made a MOTION to approve the SAVE Program Anticipated Collections Addendum.Commissioner Mathis seconded the MOTION. The: M"OTION was:unanimous with Commissioners Frichand Muggridge voting yea.
B) Consideration to approve Ordinance to amend Chapter 2. Article VI` :Division 2 of the Code ofOrdinances to provide a definition of local vendors.to purchase from Iocal.vendors under certaincircumstances.
Commissioner Roland made a MOTION t̀o:approve Ordinance.to amend Chapter 2, Article VI, Division 2 ofthe Code of Ordinances to provide a definition ;of,;local vendo-rs to purchase from local vendors undercertain circumstances. Commissioner Mathis seconded the MOTION. The MOTION was unanimous with
Commissioners Frich and Muggridge voting yea,
COMMISSIONER' S MATTERS
NONE
OLD BUSINESS
NONE
COUNTY ATTORNEY'S MATTERS
NONE
EXECUTIVE SESSION
NONE
PUBLIC FORUM
Up to six individuals will be allowed to address the Board of Commissioners for up to two minuteseach. Individuals should sign up prior to the start of the meeting.No one addressed the Board of Commissioners.
ANNOUNCEMENTS
A) The next regularly scheduled County Commission Meeting is June 14. 2016 0 6:00 p.m.B) County offices will be closed Monday. May 30. 2016 in observance of Memorial Day.C) Chairman Muggridge announced that Representative Ed Rynders and Republican candidate Greg Duke are
hosting election results gathering at Grand Island. The public is welcome to attend.
2
ADJOURNMENT
Commissioner Mathis made a MOTION to adjourn the meeting. Commissioner Frich seconded the MOTION.The MOTION was unanimous with Commissioners Roland and Muggridge voting yea. The meeting wasadjourned at 6: 35 p.m.
Lee County is a thriving vibrant community celebratedfor its value oftradition encompassing a safefamily oriented community,schools ofexcellence, and life long opportunitiesforprosperity and happiness without sacrificing the rural agricultural tapestry.
t.,
3
1'
LEE COUNTY
PUBLIC NOTICE
A copy of the proposed budget for the Lee County Board of Commissioners forfiscal year 2016/ 2017 is available for review at the Lee County Board ofCommissioners' Clerk's Office at the County Administration Building, 110
Starksville Avenue North, Leesburg, GA and a copy is available for public reviewat the Lee County Library, 245 Walnut Avenue, South, Leesburg, GA duringnormal operating hours.
The Lee County Board of Commissioners BUDGET PUBLIC HEARINGregarding the proposed 2016/ 2017 budget will be held June 14, 2016 at 6:00 p.m.at the T. Page Tharp Governmental Building, , 102 Starksville Avenue North,
Leesburg, GA. This Public Hearing is open to the public and the public isencouraged to attend.
Media Notified: 5- 23- 2016
Posted on website: 5- 23- 2016
Posted on official board: 5- 23- 2016Published in Legal Organ: 6- 1- 2016
Chairman Vice Chairman Commissioner Commissioner Commissioner Co- Interim Co- Interim County Attorney
Rick Muggridge Dennis Roland Luke Singletary Greg Frich Billy Mathis County Manager County Manager Jimmy Skipper
District 4 District 1 District 2 District 5 District 3 Mike Sistrunk Christi Dockery
110 Starksville Avenue NorthOffice:( 229) 759- 6000
Leesburg, Georgia 31763Fax:( 229) 759- 6050
www. lee. ga. us
5A
Lee County/ Leesburg/ Smithville PlanningCommissionTROY GOLDEN CHRIS GUARNIERI
Chairman Vice Chairman
MARK WORD, JOHN WOODWARD, LEE JOHNSTON, JASON SHEFFIED, CLAY GRIFFITHPlannine Commission
Draft) MEETING MINUTES
May 17th, 2016T. PAGE THARP GOVERNMENTAL BUILDING
6:00 P.M
Members Present: Troy Golden, Chris Guarnieri, Mark Word, John Woodward, Lee Johnston andJason Sheffield
Members Absent: Clay Griffith
Staff Present: Marcia Studley
Public Present: Larry Burnsed, Larry Walden, Robert Reardon, Dawn Odom Reardon and IrvinHolton
MEETING CALLED TO ORDER
Chairman Troy Golden called the meeting to order at 6: 00 p.m.
II. INVOCATION
Lee Johnston led in prayer.
III. APPROVAL OF MINUTES OF APRIL 19th, 2016.
Mark Word made a MOTION to recommend APPROVAL of the April 19th, 2016 minutes with asecond by Chris Guarnieri and vote was unanimous for APPROVAL.
IV. NEW BUSINESS
PUBLIC HEARINGS
Z16-011 VARIANCE APPLICATION. DAWN REARDON f/k/ a DAWN ODOM,APPLICANT, has submitted an application for a variance to Section 38- 336 ( a) iteml " Number of
Driveways" permitting only one driveway for each residential lot unless that portion of the lotfronting a street is greater than 150 feet; or where a lot fronts two streets and street frontage isgreater than 150 feet on each street. Subject tract is a 1. 31 acre tract in Land Lot 75 of the 1st
District, Lee County, Georgia also known as 165 Sportsman Club Road with existing driveway andvariance is sought for a second driveway fronting Helen Street with 100 feet of frontage.
Chairman Golden opened the public hearing and Chris Guarnieri read the agenda item. MarciaStudley presented the staff report recommending approval based on those variance considerationspresented. Robert Reardon explained length of lot, fire access and proposed future in-law suite on
rear of lot. Irvin Holton expressed concerns about road damage, traffic and possible business use.
6
Dawn Reardon stated no business use was intended and Marcia Studley explained the" homeoccupation" ordinance prohibition of certain uses.
The hearing was closed and Chris Guarnieri made a motion to RECOMMEND APPROVAL ofthe VARIANCE with a second by Mark Word and vote was unanimous for recommendation ofAPPROVAL.
Z16-012, VARIANCE APPLICATION. LARRY WALDEN AND SHAW MERRIT,APPLICANTS, have submitted an application for a variance to Section 70. 164 Area, Height, Bulk
and Placement Requirements item( 3) requiring all new roads in the R- 1 single family residentialdistrict be curb and gutter unless development is well and septic tank. Subject property is part of an86.228 acre tract in Land lots 262 and 263 of the 2nd Land District, Lee County, Georgialocated between and adjacent to Marlowe Lane, Story Lane, Tuxedo Lane and GreenbriarDrive, Leesburg, Georgia. Variance is sought for ditch section roads in the proposed residentialserved by public water and individual sewer systems) and commercial development.
The public hearing was opened and Chris Guarnieri read the agenda item. Marcia Studley presentedthe staff report recommending approval based on variance considerations given. Larry Burnsedspoke on behalf of Shaw Merrit, stating the entire area was developed with ditch section roads andthere were six ditch section roads connected to the proposed development.
The public hearing was closed. John Woodward made a motion to RECOMMEND APPROVALof the variance with a second by Jason Sheffield and vote was unanimous for recommendation ofAPPROVAL.
V. ADMINISTRATIVE HEARING
None
VI. OLD BUSINESS
None
VII. ADJOURNMENT
Jason Sheffield made a motion to adjourn at 7: 00 p.m. with a second by Chris Guarneri and votewas unanimous for adjournment.
7
Page 1 of 1
Obi
r-::- COI_ N._r
Life Works Well Here
APPOINTED BOARDS I BOARD VACANCIES
Candidates appointed by the Lee County Board of Commissioners are required to live in Lee County. if you would like Volunteer Boardsto be considered for appointment to a County Volunteer Board please submit a letter of interest including any Albany Area Community Servicecertificates, resume, or related documents you want to be considered or complete the Volunteer Board application. Animal Control
For more information contact the County Clerk, Christi Dockery, by email at cdockery @lee.ga. us, tBlephone, or by Community Foundationmail. DARTS- Citizens Transportation
CommitteeVolunteer Board Application: Microsoft Word A! I Adobe Reader 2.- Development Authority
Elections& RegistrationsChristi Dockery
Family& Children ServicesCounty Clerk
Health DepartmentLee County Board of Commissioners
Housing Authority110 Starksville Avenue North
Joint Development AuthorityLeesburg, Georgia 31763
Library229) 759- 6000
Parks& Recreation Authority
Planning CommissionCurrent Board Vacancies
SOWEGA Community Action Council
Southwest GA Housing Task ForceBoard Name Number of Vacancies Expiring Southwest Regional CommissionSOWEGA Community Action Council 1 Vacancy, 5 Year Term 12/ 31/ 15 Tax Assessors
Lee County Housing Authority 1 Vacancy, 5 Year Term 7/ 4/ 15 Utilities Authority
Parks& Recreation Authority 1 Vacancy, 1 Year Term 2/ 26/ 16
Southwest Georgia Housing Task Force 1 Vacancy, 2 Year Term 5/ 27/ 16
Board of Family& Children Services 2 Vacancies, 5 Year Term 6/ 30/ 18
Board of Family& Children Services 1 Vacancy, 5 Year Term 6/ 30/ 16
Upcoming Board Vacancies
Board Name Number of Vacancies Expiring
Southwest Georgia Housing Task Force 1 Vacancy, 2 Year Term 5/ 27/ 16
DARTS Citizens Transportation 2 Vacancies, 2 Year Term 6/ 24/ 16
Committee Board
Lee County Board of Family& ChildrenServices
3 Vacancies, 5 Year Term 6/ 30/ 16
Lee County Utilities Authority Board 3 Vacancies, 1 Year Term 6/ 30/ 16
Lee County Library Board 2 Vacancies, 3 Year Term 6/ 30/ 16
Albany Area Community Service Board 1 Vacancy, 3 Year Term 7/ 31/ 16
Updated 5/ 9/ 16
Lee County Board of Commissioners N. Lee County, Georgia110 Starksville Avenue North All Rights Reserved
Leesburg, Georgia 31763 Sitemap 1WebNlail229) 759- 6000
r370
8
http:// www. lee. ga.us/ government/boar... Friday, June 10, 2016
Volunteer Boards
Lee County Housing Authority Board
District Name& AddressTelephone
Term AppointingNumbers Authority
Latrisha Bell
Resident 122 B Academy Ave. 1 Year Term
of the
Leesburg, GA 31763 229- 869- 9000 Expiring on CountyHousing 3/ 23/ 17Authority P.O. Box 798
Leesburg, GA 31763
Jennifer Johnston 5 Year Term
3 137 Winifred Road291- 2938
Expiring on [email protected]
9/ 1/ 2018Leesburg, GA 31763
Valerie Rollins5 Year Term
854- 7059 Mobile1 648 Philema Road N. Expiring on County
312- 1185 Work9/ 1/ 2016
Leesburg, GA 31763
James C. Ivey, Jr. 5 Year Term
3 149 Deer Trace Drive 883- 7621 Home Expiring on CountyLeesburg, GA 31763 9/ 1/ 2018
Floyd Perdue
Chairman5 Year Term
5 439- 8665 Home Expiring on County1047 White Pond Road
Leesburg, GA 317636/ 24/ 2019
5 Year Term
1 VACANT Expiring on County7/ 4/ 2015
Meetings are held on a quarterly basis on the second Tuesday ofJanuary, April, July and October at 5: 30P.M. at Ryan' s Steak House, in Albany, Ga. Dan McCarthy- Executive Director
[email protected] or at 434-4500 telephone or Fax- 434-4502,
P.O. Box 485, Albany, GA 31702.Website: http:// portal.hud.gov/ hudportal/ HUD
Dinner is complimentaryMileage is reimbursed for out of town meetings only
9
5/ 13/ 2016
Kerrie Davis
169 Hntingdon Drive
Leesburg, GA 31763
Christi DockeryInterim County Administrator/ County ClerkLee County Board of Commissioners110 Starksville Avenue North
Leesburg, GA 31763
Greetings:
I wish to be considered for the Lee County Housing Authority' s Board vacancy.My history in working in Southwest Georgia specifically in the housing arena willprovide me with an amazing opportunity to give back to my community.
0
My education and experience are commensurate to the requirements andobligations that would come with this position. Furthermore, my people skills
and willingness to work with others will assist me in creating relationships that
can further the mission of the housing authority of " Providing low income familieswith safe, decent and sanitary housing."
The combination of my experience in housing programs and implementinghousing strategies will prove to be an excellent addition to the Lee CountyHousing Authority. Thank you for your time and consideration.
Best Regards,
Yreroie alud
Kerrie Davis
4 'fix '
VOLUNTEER BOARD APPLICATION
Contact Information
Name Kerrie Davis
Street Address 169 Huntingdon Drive
City, State, ZIP Code Leesburg, GA 31763Home Phone 229. 888. 0702
Cell Phone 229.395. 3846
Work Phone 229.438.3920
E- Mail Address [email protected]
Board Appointment Requested Lee County Housing Authority Board
Special Skills or Qualifications
Summarize special skills and qualifications you have acquired from employment, previous
volunteer work, government or through other activities.
Extensive knowledge of available housing resourcesGood interpersonal and oral communication skills
10 years of experience with the Southwest Georgia Regional Commission
Past President of the Southwest Georgia Housing Task ForceRelationships with a variety of housing program officials local, state, and nationalLead in the City of Albany's Georgia Initiative for Community Housing Program
Previous Volunteer Experience
Summarize your previous volunteer experience.
Daughters of Zion ( A female youth empowerment program) - 6 years
Boy Scouts of America - Pack 99 - Den Leader and Trainer- 7 years
11
MEMORANDUM
LEE COUNTY BOARD
OF COMMISSIONERS
LEE COUNTYLife works well here.
TO: Honorable Board of County Commissioners
SUBJECT: DFCS Board Vacancies
MEETING DATE: Tuesday, June 14, 2016
MOTION/ RECOMMENDATION
Consideration to appoint three qualified members to the Lee County Board of Family &Children Services for a 5 year term. Current term expires 06/ 30/ 16 and two vacancies expiring06/ 30/ 16 and 06/ 30/ 18. Letters of interest received from Charles Moore, Leesburg City Policy,Shawn McTyeire, Lee County Sheriff' s office and Jennifer Goode, Lee County Board ofEducation.
BACKGROUND
Senate Bill 138 was passed this year and became effective July 1, 2015. This law is very specific onthe qualifications of DFCS board members and applies to board members appointed to
positions effective July 1, 2015 or later. Appointees must meet one of the following criteria, inorder to be named a DFCS board member:
Pediatric health care providers
Appropriate school personnel
Emergency respondersLaw enforcement personnel
Private child welfare service providers
Alumni of the child welfare system
Mental health care providers
Former foster parents, and
Leaders within the faith-based community
Public Notice has been placed on the Lee County website, as well as the county' s Facebook pageand placed on the county' s official board. Also, notification letters were mailed to SumterPediatrics in Lee County, Lee County Health Department, Phoebe Family Medical Center in LeeCounty, Lee Medical Arts. In addition, staff emailed to Lewis Harris of the Sheriff' s office, EMSDirector, and the Lee County Board of Education to distribute to their staff.
12A
Volunteer Boards
Lee County Board of Family& Children Services
District Name & AddressTelephone
Te Appointingrm
Numbers Authority
5 Year Term
1 VACANT Expiring on County6/ 30/ 2016
Charles Moore, Chief of Police 5 Year Term
1 P.O. Box 890 759- 6464 Expiring on County
Leesburg, GA 31763 6/ 30/ 2016
5 Year Term
2 VACANT Expiring on County6/ 30/ 2018
Joyce Lowthian 883- 5185 Cell 5 Year Term
1 323 Nesbitt Road 759-6010 Expiring on CountyLeesburg, GA 31763 Office 6/ 24/ 2019
Bobby Watkins435- 5419 office
5 Year Term
5 934 US Hwy 19 S. Expiring on CountyLeesburg, GA 31763
364-2849 cell6/ 30/ 2020
Meetings are held on the fourth Tuesday of each month at 1: 00 p.m. at the DFACS Building at 121 FourthStreet in Leesburg-P.O. Box 145. Bob Lee, Director: [email protected]
or call 759- 3003 or fax at 759-3004.
Website: http:// dfcs.dhs.georgia.gov/
Staggered five year terms
All members paid$ 35.00/ mthly
12
NOTICE OF APPOINTMENTSTO LEE COUNTY VOLUNTEER ADVISORY BOARDS & COMMITTEES
The Lee County Board of Commissioners is seeking citizen applicants for appointment to thefollowing advisory committees:
Division of Family and Children Services ( DFCS)Two (2) vacancies for appointment to DFCS to begin June 30, 2016 for a five-year term thatwill expire December 31, 2020 and December 30, 2022
The Division of Family & Children Services ( DFCS), under the direction of the Georgia
Department of Human Resources, provides and administers all welfare and public assistance
functions within the county including such programs as Temporary Assistance to Needy FamiliesTANF), adult Medicaid, food stamps, employment services, child and adult protective social
services, foster care, and adoption. The Board of Commissioners provides this agency with a facilityand funds for operating expenses.
Senate Bill 138 was passed this year and becomes effective July 1, 2015. This law is very specificon the qualification of DFCS board members and applies to board members appointed to positions
effective July 1, 2015 or later. Appointees must meet one of the following criteria, in order to benamed a DFCS board member:
Pediatric health care providers
Appropriate school personnel
Emergency respondersLaw enforcement personnel
Private child welfare service providers
Alumni of the child welfare system
Mental health care providers
Former foster parents, and
Leaders within the faith-based community
Members review and approve budgets, establish policies governing the DFCS programs, and reviewfinancial and progress reports. Meetings are held on the fourth Tuesday of each month at 1: 00 pmat the DFCS Building at 121 4th Street in Leesburg.
Interested parties that meet the SB 138 criteria to serve on the DFCS Board may send a letter ofinterest to be considered for appointment to Lee County Board of Commissioners Administrationoffice, Attention: Christi Dockery, 110 Starksville Avenue North, Leesburg, GA 3i763, ( 229) 759-
6000. Applications are also available on the Lee County Website— www.lee.ga.us
13
Melissa Ibach
From: Charles Moore < chrlmoo @aol.com>
Sent: Thursday, May 12, 2016 7: 32 AMTo: Melissa Ibach
Subject: Re Appointment to DEFACS Board
I am sending the email requesting that I would like reappointment to the Board of Family and Childrenservices. I have enjoyed the time I have served. And have been doing the Christmas Foster Programthat I started 18 years ago, so I have a good working relation ship with the employees. As Chief ofPolice I feel that I can help in problems we have come up sometimes. Thank you for your time in thismatter.
Charles Moore
Chief of Police
Leesburg Police DepartmentP. O. Box 890
Leesburg, GA 31763229) 759-6464
1 14
V
OFFICE OF THE SHERIFFLEE COUNTY, GEORGIA
REGGIE D. RACHALS, SHERIFF
moo•*.. do• c.
ti
01P184
s !,N .
Shawn McTyeire June 09, 2016p , Y::
r` 129 Marlee Court
Leesburg, GA 31763
229- 894- 0209
Dear Christi Dockery,
The Division of Family and Children Services has announced a vacancy forappointment beginning June 2016. As a member of the community and having metthe requirements set forth by Senate Bill 138, I would like to express interest with
great enthusiasm in serving on this advisory board.
I have been employed with the Lee County Sheriff' s since August 24, 2005 and in thecapacity of a criminal investigator since September 12, 2010. During my experienceas a criminal investigator I have had the pleasure of working cohesively with TheY; •
Division of Family and Children Services and its employees. Since 2010, I have also
served as a member of the Southwestern Judicial Circuit' s Multi Disciplinary Teamand as a member of the Child Fatality Review Board. I believe I can offer valuableinsight as a member of this board as well as use this experience to benefit thecommunity as a whole through my employment as a criminal investigator.
I greatly appreciate your consideration for this appointment and look forward to thisopportunity if granted.
Sincerely,
Shawn McTyeire
a.
150880$ vo. 119 Pinewood Road • P.O. Box 617 • Leesburg, Georgia 31763 • Office: 229.759.3334 • Fax: 229.759.3331
June 13, 2016
Christi Dockery110 Starksville Avenue, North
Leesburg, Georgia 31763
Dear Christi-
I am writing to request appointment to the Lee County Division of Family and Children Services Board. Iam very much interested and would consider it an honor and privilege to serve.
I have been an employee of the Lee County School System since 1996.
Please consider my request to serve on this board.
Sincerely,
061/i/ Vvft/(614geJennifer Goode
2173 State Hwy 195Leesburg, Georgia 31763229.349.4324
15A
Volunteer Boards
DARTS Citizens Transportation Committee
District Name& Address Telephone Numbers Term AppointingAuthority
Lee N.Johnston III 395- 0052 Cell 2 Year Term
1328 Philema Rd. S Expiring on CountyLeesburg, GA 31763
Lnj0829 @bellsouth.net
6/ 24/ 2016
430-4874 OfficeDr. Peter A. Ngwafu 2 Year Term
202 Hawkstead Drive886- 2072 Cell
639- 4657 Home Expiring on CountyLeesburg, Georgia 31763 6/ 24/ 2016
Meetings are held quarterly on the first Wednesday of September, December, April and July at 9: 00 AMat the Dougherty County Governmental Building at 240 Pine Ave, Suite 300, Albany, GA 31702.
Contact Jennifer Newton at [email protected]: 446-2730 Fax: 438-3965
Two year terms
16
Melissa Ibach
From: Lee Johnston < Inj0829 @bellsouth.net>
Sent:. Thursday, June 02, 2016 9:03 AMTo: Melissa Ibach
Subject RE: DARTS Citizens Transportation Committee
I would like to continue to serve on the Citizens Transportation Committee. I' ve enjoyed being on the committee andhope to continue being a part of it.
Thanks
Lee Johnston
17
Statement of Interest
DARTS MPO
Dr. Peter Ngwafu
Dr. Peter Ngwafu currently serves as the Chairperson for the Citizen' s TransportationCommittee ( CTC). He would like to remain in the current position as one of therepresentatives for Lee County. Dr. Ngwafu received his PhD in Political Science withan emphasis on American Government, Public Administration, International Relationsand African Politics. Dr. Peter Ngwafu is currently an Associate Professor of PublicAdministration and Political Science at Albany State University and the Director of theMaster of Public Administration Program in the College of Arts and Humanities. He is a
member of ASPA, APSA, the Georgia Political Science Association and the Association ofThird World Studies.
Dr. Ngwafu has shown his skills as a proven community leader and successful memberof the CTC. His leadership has been acknowledged based on his work and leadership tothe committee. His continued support of the DARTS MPO is integral in receivingmeaningful input and providing insight on key transportation issues.
Dr. Peter Ngwafu
Director
Albany, GA 31705-2717Phone: 229-430-4760
Fax: 229-430-7895
18
Volunteer Boards
Lee County Utilities Authority
District Name& Address Telephone Numbers Term AppointingAuthority
Rick Muggridge 888- 0803 Home Virtue of CountyCommission Virtue of County
Office 205 Lynwood Ln 881- 3700 CellOffice Commission
Leesburg, GA 31763 [email protected]/ 31/ 17
Office
Robert Usry1 Year Term
1586 Highway 118 E 220- 8733 Cell
Expiring on CountySmithville, GA udderlyusryfarm(agmail.com
6/ 30/ 201631787
Victor Stubbs
181 Magnolia759- 1687 Home 1 Year Term
2 v stubbs(ayahoo.com Expiring on CountyAvenue6/ 30/ 2016
Leesburg, GA 31763
Troy Golden759- 8136 Home 1 Year Term
2 117 Blue Spring Dr. 483- 6244 Office
Expiring on CountyLeesburg, GA 31763
tgolden73(a yahoo.com
1/ 31/ 2017
Johnny Barthlein 439- 8142 Home 1 Year Term
4 156 Pheasant Drive jbarthlein(a,yahoo.com Expiring on CountyLeesburg, GA 31763 1/ 31/ 2017
George Walls 439- 2125 Home
Chairman) 883- 8330 Office 1 Year Term
5110 Donald Street gwalls(awgl.albanyga.org
Expiring on County
Leesburg, GA 317636/ 30/ 2016
Ed Duffy 435- 4327 Home1 Year Term
3 740 Creekside Dr. edduf 44 ail.com
Expiring on CountyAlbany, GA 31702 @
1/ 31/ 2017
Meetings are held on the third Thursday of each month ( 12 meetings annually) at 6:00 p.m. at the T. PageTharp Governmental Building, Opal Cannon Auditorium, 102 Starksville Ave. N., Leesburg, GA 31763
General Manager-„ Chris Boswell, [email protected] Office 229-759- 6056, Fax 759- 3319
Utilities Administrator — Tricia Quinn, Attorney —Jimmy Skipper.
Board Members: paid$ 100/ mthly regardless of attendanceStaggered one year terms
19
Lee County Utilities AuthorityGEORGE WALLS 105 Main Street CHRIS BOSWELL
Chairman
ED DUFFY Leesburg, GA 31763 General Manager
Vice-ChairmanTel: (229) 759-6056 Tricia Quinn
Authority Members:
Victor Stubbs Fax: (229) 759- 3319 Director of Administrative Operations
Rick Muggridge Ira Houston
Troy Golden Director of Field Operations
Robert( Bob) UsryJohnny Barthlein
May 19, 2016
Dear Commissioners,
I, Robert( Bob) Usry, would like to be reappointed to the Lee County Utilities Authority for anotherterm.
Thank you for your consideration.
Chris Boswell! at he request of:
Robert Usry586 St. Hwy 118 EastSmithville, GA 31787
RU:tq
20
Lee County Utilities AuthorityGEORGE WALLS 105 Main Street CHRIS BOSWELL
Chairman
ED DUFFY Leesburg, GA 31763 General Manager
vice-Chairm Tel: (229) 759-6056 Tricia Quinn
Authority Members:s:Victor Stubbs Fax: ( 229) 759-3319
Director of Administrative Operations
Rick Muggridge Ira Houston
Troy Golden Director of Field Operations
Robert( Bob) UsryJohnny Barthlein
May 19, 2016
Dear Commissioners,
I, George Walls, would like to be reappointed to the Lee County Utilities Authority for another term.Thank you for your consideratio•
Ac
Chris Boswell at the r • uest of:
George Walls
110 Donald Road
Leesburg, Georgia 31763
GW:tq
21
Lee County Utilities AuthorityGEORGE WALLS 105 Main Street
ChairmanCHRIS BOSWELL
ED DUFFY Leesburg, GA 31763 General Manager
Vice-ChairmanTel: (229) 759- 6056 Tricia Quinn
Authority Members:Victor Stubbs Fax: (229) 759- 3319
Director of Administrative Operations
Rick Muggridge Ira Houston
Troy Golden Director of Field Operations
Robert( Bob) UsryJohnny Barthlcin
May 19, 2016
Dear Commissioners,
I, Victor Stubbs, would like to be reappointed to the Lee County Utilities Authority for another term.Thank you for your consideration
0(j_144, 4va,Chris Boswell at the equest of:
Victor Stubbs
181 Magnolia Ave.
Leesburg, Georgia 31763
VS: tq
22
LE E COUNi - 1
Board of CommissionersOne of the first original counties ofGeora;o• Established lune 9, 1825 ........._............. ...................._...._....._....__.._.._..__._...._...._._.........._..._._
110 Starksville Avenue North• Leesburg, GA• 31763• Phone( 229) 759-&300• Pax, 229; 759-6050• w r v.iee.ga. us
VOLUNTEER BOARD APPLICATION
Contact Information
Name Donna Ford
Street Address 407 Highway 32 East
City, State, ZIP Code Leesburg, Georgia 31763
Home Phone 229-759-8288
Cell Phone 229-347-6604
Work Phone
E- Mail Address arthurford@bellsouth. net
Board Appointment Requested Utilities Board Authority Library Board
Special Skills or Qualifications
Summarize special skills and qualifications you have acquired from employment, previous
volunteer work, government or through other activities.
Lee County Board of Education- teacher, assistant principal, principal and curriculum directorVolunteer work- First Baptist Church, Albany- VBS and Sunday school teacher; Leesburg United Methodist Church-VBS; Lee County Family Connections- Chairperson; Chamber of Commerce, member; Relay for Life; CommunityClean- Up-participant
United States Army- retired, Lieutenant Colonel, personnel officer and active during Desert Storm and Desert Shield
Previous Volunteer Experience
Summarize your previous volunteer experience.
In school, I have worked with students before and after school to help improve their academic performance. With agroup, we cleaned up the Chehaw Indian memorial and participate in the community clean- up.At church, I taught Sunday School with students from second grade to seniors in High school. I have been thedirector of VBS and a teacher.
In the community, I have been the Chairperson of Lee Focus as well as an active member. Actively involved in theChamber of Commerce, Relay for Life and the community clean- up.
23
00 MEMORANDUMLEE COUNTY BOARD OF
COMMISSIONERSLEE COUNTY
Life works well here.
TO: Honorable Board of County Commissioners
SUBJECT: Waterhouse Engineering—Professional Services Agreement
MEETING DATE: Tuesday, June 14, 2016
MOTION/ RECOMMENDATION
Consideration to approve Professional Services Agreement with Waterhouse Engineeringpreviously known as H & H Resources.
BACKGROUND
Engineering services shall be provided on an as needed basis in support of engineering questionsor issues. Support to include, but not limited to NPDES Permit support, Floodplain issues, andGIS services.
ATTACHMENTS1. Agreement
24
WATERHOUSEENGINEERING ---
P.O. Box 388, Dahlonega, GA 30533
770-894-2361
PROFESSIONAL SERVICES AGREEMENT
PROJECT: On Call Engineering ServicesCLIENT: Lee CountyCONTACT: Matthew Inman
ADDRESS: 110 Starksville Ave, North, Leesburg, GA 31763TELEPHONE: ( 229) 759-6000
SCOPE: Engineering services shall be provided on an as needed basis in support of engineering questions orissues. Support to include, but not limited to:
NPDES Permit support
Floodplain issues
GIS services
SUPPORT INFORMATION: CLIENT will provide documentation and reports as required to complete the Scope.
EXCLUSIONS: Services not set forth above as Scope are specifically excluded from the scope of WaterhouseEngineering' s ( WHE) services. WHE assumes no responsibility to perform any services not specificallylisted in Scope.
FEES: 1. BASIC SERVICES: BASIC SERVICES shall be billed monthly based on an hourly rate and otherapplicable direct expenses.
2. ADDITIONAL SERVICES: Shall be any service authorized by the CLIENT and provided by WHEwhich is not specifically included in Scope of work as defined above. ADDITIONAL SERVICES
shall be reimbursed at WHE standard rates for items provided in- house, or direct expenses times amultiplier of 1. 10, or negotiated lump sum.
3. DIRECT EXPENSES: There are no anticipated direct expenses for this project.
TERMS: The Terms of the Agreement follow this page.
SCHEDULE: The proposed services shall begin upon authorization to proceed.
CLIENT Waterhouse Engineering, LLC (WHE)
By: By:
Title: Title:
Date: Date:
1
25
EXHIBIT A
Waterhouse Engineering, LLCStandard Hourly Rates
January 1, 2016Principal 216
Senior Project Manager 216
Project Manager 187
Senior Water Resource Engineer $ 180
Senior Project Engineer 157
Senior Business Administrator 157
Project Engineer 137
Senior Design Engineer 137
Water Resource Engineer 137
Design Engineer 110
Engineer 99
Engineer- in- Training 88
Senior Engineering Tech 80
Senior CADD Operator 80
CADD Operator 62
Business Administrator 74
Admin/Clerical 60
IT Specialist 52
26
TERMS OF THE AGREEMENT
1. AUTHORIZATION TO PROCEED 8. ASSIGNMENT
Signing this form and receipt of retainer as specified below shall Neither party to this Agreement shall transfer, sublet or assign anybe construed as authorization by CLIENT for WHE to proceed with rights under or interest in this Agreement( including but not limitedthe work, unless otherwise provided for in the authorization. If to monies that are due or monies that may be due) without theCLIENT does not authorize these professional services within 60 prior written consent of the other party. Subcontracting todays of WHE offer of services, this offer is void. subconsultants normally contemplated by WHE shall not be
considered an assignment for purposes of this Agreement.2. HOURLY RATES
WHE's Standard hourly rates are indicated in an attached exhibit. 9. DESIGN WITHOUT CONSTRUCTION PHASE SERVICESWHE reserves the right to adjust these rates for future calendar It is understood and agreed that WHE' s Basic Services under thisyears. Agreement do not include project observation or review of the
Contractor' s performance or any other construction phase3. DIRECT EXPENSES services, and that such services will be provided for by the
WHE' s Direct Expenses shall be those costs incurred on or CLIENT. The CLIENT assumes all responsibility for interpretationdirectly for the CLIENTs Project, including but not limited to of the Plans and Contract Documents and for construction
necessary transportation costs including mileage at WHE's current observation and the CLIENT waives any claims against WHE thatrate when its, or its employee's, automobiles are used, meals and may be in any way connected thereto. In addition, the CLIENTlodging, laboratory tests and analyses, computer services, word agrees, to the fullest extent permitted by law, to indemnify andprocessing services, telephone, printing and binding charges. hold harmless WHE, its officers, directors, employees and
Reimbursement for these expenses shall be on the basis of actual subconsultants against all damages, liabilities or costs, includingcharges plus 10% when furnished by commercial sources and on reasonable attorneys' fees and defense costs, arising out of or inthe basis of usual commercial charges when furnished by WHE. any way connected with the performance of such services by
other persons or entities and from any and all claims arising from4. PAYMENT, SUSPENSION modifications, clarifications, interpretations, adjustments or
Monthly invoices will be issued by WHE for all work performed changes made to the Contract Documents to reflect changed fieldunder the terms of this agreement. Invoices are due and payable or other conditions, except for ciaims arising from the soleon receipt and shall be considered past due if not paid with 30 negligence or willful misconduct of the Engineer. If the Client
calendar days. Interest at the rate of 1'%% per month will be requests in writing that WHE provide any specific constructioncharged on all past due amounts, unless not permitted by law, in phase services, and if WHE agrees in writing to provide suchwhich case, interest will be charged at the highest amount services, then WHE shall be compensated for such as Additionalpermitted by law. If the CLIENT is in breach of the payment terms Services.
or otherwise is in material breach of this Agreement, WHE maysuspend performance of services upon five( 5) days notice to the 10. PROFESSIONAL STANDARDS
CLIENT. WHE shall have no liability to the CLIENT, and the In providing services under this Agreement, WHE will endeavor toCLIENT agrees to make no claim for any delay or damage as a perform in a manner consistent with that degree of care and skill
result of such suspension caused by any breach of this Agreement ordinarily exercised by members of the same profession currentlyby the CLIENT. Upon receipt of payment in full of all outstanding practicing under similar circumstances. WHE makes no othersums due from the CLIENT, WHE shall resume services. If warranty, express or implied, as to its professional servicesWHE's services are suspended for more than ninety ( 90) days, rendered under this Agreement.
consecutive or in the aggregate, WHE may terminate thisAgreement. 11. LIMITATION OF LIABILITY
To the fullest extent permitted by law, and not withstanding any5. COLLECTION COSTS other provision of this Agreement, the total liability, in the
If the CLIENT fails to make payments when due and WHE incurs aggregate, of WHE and WHE's officers, directors, partners,
any costs in order to collect overdue sums from the CLIENT, the employees and subconsultants, and any of them, to the CLIENTCLIENT agrees that all such collection costs incurred shall and anyone claiming by or through the CLIENT, for any and allimmediately become due and payable to WHE. Collection costs claims, losses, costs or damages, including attorneys' fees andshall include, without limitation, legal fees, collection agency fees costs and expert-witness fees and costs of any nature whatsoeverand expenses, court costs, collection bonds and reasonable WHE or claims expenses resulting from or in any way related to thestaff costs at standard billing rates for the time spent in efforts to Project or the Agreement from any cause or causes shall notcollect. This obligation of the CLIENT to pay WHE's collection exceed the total compensation received by WHE under thiscosts shall survive the term of this Agreement or any earlier Agreement. It is intended that this limitation apply to any and alltermination by either party. liability or cause of action however alleged or arising, unless
otherwise prohibited by law.6. TERMINATION
Either CLIENT or WHE may terminate this authorization by giving 12. MEDIATION
not less than five( 5) days written notice to the other party. In such In an effort to resolve any conflicts that arise during the design andevent CLIENT shall within fifteen ( 15) days of termination pay construction of the Project or following the completion of theWHE in full for all work previously authorized and performed prior Project, the CLIENT and WHE agree that all disputes between
to effective date of termination. If no notice of termination is given, them arising out of or relating to this Agreement or the Projectrelationships and obligations created by this Authorization shall be shall be submitted to nonbinding mediation unless the partiesterminated upon completion of all applicable requirements of this mutually agree otherwise. The CLIENT and WHE further agree toAuthorization. include a similar mediation provision in all agreements with
independent contractors and consultants retained for the Project7. OUTSIDE SERVICES and to require all independent contractors and consultants also to
When technical or professional services are furnished by an include a similar mediation provision in all agreements with their
outside source, when approved by CLIENT, an additional amount subcontractors, subconsultants, suppliers and fabricators, therebyshall be added to the cost of these services for WHE's providing for mediation as the primary method for disputeadministrative costs, as provided herein. resolution between the parties to all those agreements.
1
27
and any health or safety precautions required by any regulatory13. LEGAL EXPENSESagencies. WHE and its personnel have no authority to exerciseIn the event of any litigation arising from or related to this any control over any construction contractor or its employees in
Agreement or the services provided under this Agreement, the connection with their work or any health or safety programs orprevailing party shall be entitled to recover from the non- prevailing procedures. The CLIENT agrees that the General Contractor shallparty all reasonable costs incurred, including staff time, court be solely responsible for jobsite safety, and warrants that thiscosts, attorneys' fees and all other related expenses in such intent shall be carried out in the CLIENT's contract with thelitigation. In the event of a non-adjudicative settlement of litigation General Contractor. The CLIENT also agrees that the CLIENT,between the parties or a resolution of a dispute by arbitration, the WHE, and WHE's subconsultants shall be indemnified by theterm" prevailing party" shall be determined by that process. In the General Contractor and shall be made additional insureds underevent legal action is necessary to enforce the payment terms of the General Contractor's policies of general liability insurance.this Agreement, WHE shall be entitled to collect from the CLIENTany judgment or settlement sums due, plus reasonable attomeys' 20. HAZARDOUS MATERIALSfees, court costs and other expenses incurred by WHE inconnection therewith and, in addition, the reasonable value of A. SUSPENSION OF SERVICESWHE's time and expenses spent in connection with such collection Both parties acknowledge that WHE's scope of services doesaction, computed according to WHE's prevailing hourly rates and not include any services related to the presence of anyexpense policies. hazardous or toxic materials. In the event WHE or any other
party encounters any hazardous or toxic materials, or should it14. CONTRACTOR AND SUBCONTRACTOR CLAIMS become known to WHE that such materials may be present on
The CLIENT agrees, to the fullest extent permitted by law, to limit or about the jobsite or any adjacent areas that may affect thethe liability of WHE and WHE's officers, directors, partners, performance of WHE's services, WHE may, at its option andemployees and subconsultants to all construction contractors and without liability for consequential or any other damages,subcontractors on the Project for any and all claims, losses, costs, suspend performance of its services under this Agreement untildamages of any nature whatsoever or claims expenses from any the CLIENT retains appropriate consultants or contractors tocause or causes, including attorneys' fees and costs and expert identify and abate or remove the hazardous or toxic materialswitness fees and costs, so that the total aggregate liability of WHE and warrants that the jobsite is in full compliance with alland WHE' s subconsultants to all those named shall not exceed applicable laws and regulations.WHE's total fee for services rendered on this Project. It is intendedthat this limitation apply to any and all liability or cause of action B. INDEMNITYhowever alleged or arising unless otherwise prohibited by law. The CLIENT agrees, notwithstanding any other provision of
this Agreement, to the fullest extent permitted by law, to15. OWNERSHIP OF INSTRUMENTS OF SERVICE indemnify and hold harmless WHE, its officers, partners,
All reports, drawings, specifications, computer files, field data, employees and consultants ( collectively, WHE) from andnotes and other documents and instruments prepared by WHE as against any and all claims, suits, demands, liabilities, losses,instruments of service shall remain the property of WHE. WHE damages or costs, including reasonable attorneys' fees andshall retain all common law, statutory and other reserved rights, defense costs arising out of or in any way connected with theincluding the copyright thereto. detection, presence, handling, removal, abatement, or disposal
of any asbestos or hazardous or toxic substances, products or16. INFORMATION PROVIDED BY OTHERS materials that exist on, about or adjacent to the Project site,
The Client shall fumish, at the Client's expense, all information, whether liability arises under breach of contract or warranty,requirements, reports, data, surveys and instructions required by tort, including negligence, strict liability or statutory liability orthis Agreement. WHE may use such information, requirements, any other cause of action, except for the sole negligence orreports, data, surveys and instructions in performing its services willful misconduct of WHE.
and is entitled to rely upon the accuracy and completenessthereof. C. DEFINITION
As used in this Agreement, the term hazardous materials shall17. ENGINEER' S OPINION OF PROBABLE COST mean any substances, including but not limited to asbestos,
In providing opinions of probable cost, the CLIENT understands toxic or hazardous waste, PCBs, combustible gases andthat WHE has no control over the cost or availability of labor, materials, petroleum or radioactive materials ( as each of theseequipment or materials, or over market conditions or the is defined in applicable federal statutes) or any otherContractor's method of pricing, and that WHE's opinions of substances under any conditions and in such quantities asprobable cost are made on the basis of professional judgment and would pose a substantial danger to persons or propertyexperience. WHE makes no warranty, express or implied, that the exposed to such substances at or near the Project site.
bids or the cost of the work will not vary from the opinion ofprobable cost. 21. SEVERABILITY
Any term or provision of this Agreement found to be invalid under18. CERTIFICATIONS, GUARANTEES AND WARRANTIES any applicable statute or rule of law shall be deemed omitted and
WHE shall not be required to sign any documents, no matter by the remainder of this Agreement shall remain in full force andwhom requested, that would result in WHE's having to certify, effect.
guarantee or warrant the existence of conditions whose existenceWHE cannot ascertain. The CLIENT also agrees not to make 22. ENTIRE AGREEMENTresolution of any dispute with WHE or payment of amount due to This Agreement is the entire Agreement between the Client andWHE in any way contingent upon WHE' s signing any such the WHE. It supersedes all other communications, understandingscertification. Any certification given under this Agreement shall be and agreements, whether oral or written. Amendments to thisan expression of WHE' s professional opinion to the best of its Agreement must be in writing and signed by both the Client and theinformation, knowledge and belief, and does not constitute a WHE.
warranty or guarantee by WHE.
19. PROJECT SITE SAFETY
Neither the professional activities of WHE, nor the presence ofWHE or its employees and subconsultants at a
construction/ project site, shall relieve the General Contractor of its
obligations, duties and responsibilities including, but not limited to,construction means, methods, sequence, techniques or
procedures necessary for performing, superintending andcoordinating the Work in accordance with the contract documents
2
28
MEMORANDUM
LEE COUNTY BOARD OF
COMMISSIONERS
LEE COUNTYLife works well here.
TO: Honorable Board of County Commissioners
SUBJECT: County Purchasing Ordinance
MEETING DATE: Tuesday, June 14, 2016
MOTION/ RECOMMENDATION
Consideration to approve an Ordinance to amend Chapter 2, Article VI, Division 2 of the Code
of Ordinances of Lee County with respect to the County' s purchasing Ordinances; to provide adefinition of local vendors; to provide for purchases from local vendors under certaincircumstances.
BACKGROUND
The Board of Commissioners shall be authorized, but not required, to purchase from local
vendors whenever the bid price or proposed price is from the lowest responsive and responsible
bidder or whenever the bid price or proposed price differential between a local vendor and thelowest responsive and responsible bidder or proposal is no more than five percent 5% of the
total price. If more than one local vendor would qualify to be selected as the successful bidderunder this section, then the BOC shall select the local vendor which is the lowest responsive andresponsible bidder previously providing the most satisfactory work for Lee County. 1'
ATTACHMENTS
1. Ordinance
29
AN ORDINANCE
TO AMEND CHAPTER 2, ARTICLE VI, DIVISION 2OF THE CODE OF ORDINANCES OF LEE COUNTY
WITH RESPECT TO THE COUNTY' S PURCHASING ORDINANCES;TO PROVIDE A DEFINITION OF LOCAL VENDORS; TO PROVIDE FOR
PURCHASES FROM LOCAL VENDORSUNDER CERTAIN CIRCUMSTANCES;
TO PROVIDE FOR REPEAL OF CONFLICTING ORDINANCES;TO PROVIDE FOR AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES
BE IT ORDAINED by the Board of Commissioners of Lee County, Georgia, and
it is hereby ordained by authority of the same, that Chapter 2, Article VI, Division 2 of
the Code of Ordinances of Lee County is hereby amended by adopting a new Section,
which Section shall provide as follows:
Sec. 2- 262. Purchasing from vendors located within
Lee County.
Notwithstanding any other provision of Division 2 ofChapter 2, Article VI of the Code of Ordinances, the Board ofCommissioners shall be authorized, but not required, to
purchase from local vendors whenever the bid price orproposed price is from the lowest responsive and
responsible bidder or whenever the bid price or proposedprice differential between a local vendor and the lowestresponsive and responsible bidder or proposal is no morethan five percent ( 5%) of the total price. If more than one
local vendor would qualify to be selected as the successfulbidder under this section, then the Board of Commissionersshall select the local vendor which is the lowest responsiveand responsible bidder previously providing the most
satisfactory work for Lee County. For purposes of thissection, the term " local vendor" shall include a vendor orproposed vendor whose principal offices are located either
within Lee County or within a city or county contiguous toLee County. ! Nothing in the section shall be construed toconflict with the provisions of the Georgia Local GovernmentPublic Works Construction Law at O. C. G.A. § 36- 9- 1 et. seq.
30
and in the event of a conflict with such statute, such statuteshall prevail.
BE IT FURTHER ORDAINED that all Ordinances or parts of Ordinances in
conflict herewith are hereby repealed.
BE IT FURTHER ORDAINED that this Ordinance shall become effective as of
the date of its adoption by the governing body of Lee County.
SO ORDAINED, this day of 2016.
Board of Commissioners
of Lee County, Georgia
By:Chairman
Attest:
County Clerk
ACTION TAKEN
FIRST READING:
SECOND READING:
DATE OF ADOPTION:
31
MEMORANDUM
LEE COUNTY BOARD OF
COMMISSIONERSLEE COUNTY
Life works well here.
TO: Honorable Board of County Commissioners
SUBJECT: Colonial Pipeline Company Encroachment Agreement
MEETING DATE: Tuesday, June 14, 2016
MOTION/ RECOMMENDATION
Consideration to approve Encroachment Agreement with Colonial Pipeline Company inconnection with the Forrester/ Westover Road Connector Project.
BACKGROUND
Colonial Pipeline Company has no objection to Lee County' s proposed Forrester/ WestoverRoad Connector, encroaching upon Colonial's 12" petroleum products pipeline( s) as approvedby Colonial' s field representative, subject to the conditions in the attached EncroachmentAgreement.
County Attorney Jimmy Skipper has reviewed the proposed pipeline Encroachment Agreement.Attorney Skipper suggested that the County only sign the Agreement if the County is absolutelycertain that they can meet the requirements. Note that if there are any deviations from therequirements, the cost of that, and any repairs, etc., will fall back on the County.
ATTACHMENTS
1. Agreement
32
D Colonial Pipeline CompanyAmerica's Energy Lifeline
Kevin G. Raley Phone: 706/891- 7584Southeast District ROW Manager Fax: 706/891- 9916391 Scruggs RoadRinggold, Georgia 30736 E- Mail: kralevacolpipe. com
3/2/ 16
Lee County Board of CommissionersAttention: Ron Rabun, County AdministratorAdministration Building110 Starksville Avenue North
Leesburg, GA 31763
Re: Development/ Proposed Development, Westover Road Connector, Lee County Georgia
Dear Ron
Upon reviewing development plans for the Westover Road Connector, encroaching on ColonialPipeline' s 12", pipeline(s) and right of way, is approved pending your adherence to the followingstipulations:
1. Adam Gose( 678/313-2993) shall be notified 48 hours in advance of any activity on, over orthrough Colonial' s right of way.
2. Colonial Pipeline Company right of way will be marked with barrier fence to prohibit entry toColonial' s right of way with construction traffic after preliminary grading is complete. Access willbe on construction pad, the Right of Way will not be used as a thoroughfare for constructiontraffic.
3. Developer/Contractor shall strictly adhere to all conditions in the encroachment agreement.4. A Colonial representative shall be present before and during all construction activity on
Colonial' s right of way.5. This approval is only for the encroachment activities described in the construction plans; all
utility crossings need to be approved locally by Adam Gose.
If all conditions above are met and the encroachment agreement is followed, Colonial PipelineCompany will not need to make any other modifications to their existing facilities. However, if theseconditions are not met Colonial will be required to install heavier wall pipe to accommodate theincreased stresses associated with the live loading ( vehicle traffic). All costs associated with theconditions in the encroachment agreement and with those above shall be borne by the owner of theproperty to be developed. Attached are two original encroachment agreements, execute one and sendto my attention.
Please advise if you have any changes to your construction plans or questions
Sincerely.y6urs, _ --- 7izif-
t. - 4 - ) W
Colonial Pipeline Company33
D 1111W-F02
Colonial Pipeline CompanyEncroachmentAgreement
Colonial Pipeline CompanyKevin G. RaleySoutheast District ROW Manager391 Scruggs Road
Ringgold, Georgia
Encroachment No.: SEDKGRO216Date: 3/ 2tt6
Encroaching Party:
Lee County Board of CommissionersAttention: Ron Rabun, County AdministratorAdministration Building110 Starksville Avenue North
Leesburg, GA 31763
Re: Encroachment Agreement — CPC Loc. 515, Tract No. 73, Line No. 17, Station No. Line 17102342+ 36, in Lee County, Georgai.
Colonial Pipeline Company has no objection to your proposed Westover Road Connector, encroachingupon Colonial' s 12" petroleum products pipeline(s) as approved by Colonial' s field representative,subject to the following conditions:
1. Notify State utilities protection center, in accordance with local, State and Federal laws.Colonial will not inspect or approve any work, until a locate notice (Dial 811) has been issued.Notify Adam Gose by phone at 678/313- 2993 at least two ( 2) working days prior to anyconstruction, subsequent maintenance, or repair, so that Colonial may provide a representativeon the site. If our representative cannot be reached, then notify Kevin Raley at 706/891-7584.
2. No excavation or construction is permitted over Colonial' s pipeline(s) or within its right of waywithout a Colonial representative being present. The location of the pipeline(s) shall beidentified prior to the beginning of any mechanical excavation work. If the location of thepipeline(s) is not known, only hand excavation will be allowed. Based on circumstances at theencroachment site, Colonial' s representative has the authority to determine the extent of handexcavation required. However, absent special permission from Colonial' s Representative, nomechanized ditching or excavation shall be allowed within five (5) feet of the extremities of thepipelines. IN ANY EVENT, ALL EXCAVATION WITHIN TWO ( 2) FEET OF THEPIPELINE(S) MUST BE ACCOMPLISHED BY HAND. Where hand excavation isrequired, the encroaching party must provide adequate manpower to perform that work.Subgrading, grading, and placement of fill over Colonial' s pipeline( s) will require the approvalof Colonial' s field representative as to method and extent.
Rev. 02. 27.15
34
3. Full access must be maintained to the pipeline(s) at all times. Stockpiling of fill, includingspoil, or topsoil over the pipeline(s), is not permitted, unless approved by the Colonialrepresentative.
4. Underground utilities ( i.e. storm drains, water lines, telephone, electric, etc.) may cross the
easement, providing they maintain a minimum vertical clearance of twenty four ( 24) inches,except where horizontal directional drilling methods are used, then sixty (60) inches willbe required over or under Colonial' s pipeline(s), and cross at as near a perpendicular angle aspractical. Septic drain fields and or sewage drains used for percolation are not permissibleinside the pipeline easement. All utility crossings of Colonial' s pipeline(s) and respectiveeasements must be constructed of galvanized steel, ductile iron double wrapped with poly wrap,reinforced concrete, or schedule 80 PVC for the entire width of the right of way being crossed.
5. Blasting within the immediate vicinity of Colonial' s right ofway shall be conditionally allowed.The contractor, planning blasting within 200 feet ( 61 m) of a pipeline or when scaled distancevalues at the pipeline are less than 50, must give advance notification of proposed blasting andsubmit a completed blasting plan ( Form 3005), to be approved by Colonial, prior to thecommencement of any blasting operations. A Colonial inspector is required to be on site toobserve all drilling, loading, and blasting operations. The contractor shall provide in-progressseismic readings and blasting reports as required in Colonial Standard ES- 13- 108. All blastingoperations must meet the requirements of this standard as well as Occupational Health andSafety regulations contained in CFR Title 29, Part 1926, Subpart U — Blasting and Use ofExplosives.
6. Any erosion control measures required for your development including temporary diversiondikes, sediment traps, silt fences, gravel outlets, and emergency spillways that may influence orcontribute to the degradation of Colonial' s right of way will require the approval of Colonial' sfield representative as to equipment and method. Under no circumstances shall water beimpounded on the pipeline(s) right of way.
7. Upon request of the encroaching party, landowner or their agents, Colonial will determine theapproximate location of its pipeline( s) and right of way limits; however, in doing so, Colonialmakes no warranty as to the accuracy of the locations and measurements given. Colonial also
cannot provide assurance that its permanent line markers are positioned directly over itspipeline(s).
8. Original vegetation on Colonial' s right of way shall not be disturbed except in areas ofapprovedconstruction and approved equipment crossings. Highly visible plastic fence or other approvedtemporary barricade will be required at contractor' s expense along Colonial' s easementboundaries if Colonial' s field representative deems it necessary; to ensure that contractor trafficdoes not travel over the pipeline(s).
9. Permanent structures are not permitted on the right of way. Manholes, junction boxes, valveboxes, fire hydrants, service meters, storm drain inlets, and utility poles are consideredpermanent structures. No fences or temporary structures shall be allowed in the right of waywithout the express approval of Colonial' s representative. Temporary structures include suchitems as signs, trailers, temporary power poles, etc.
2—Rev. 02.27.15 Colonial Pipeline Company ROW-F02
35
10. Heavy equipment shall not be permitted to operate over the pipeline( s) unless earth padding hasbeen provided to protect the pipeline from vibrating. Temporary equipment crossings over thepipeline(s) are permitted with six ( 6) vertical feet of cover over the pipeline(s) at selectedlocations as approved by Colonial' s field representative. Depth of pipe as determined by testholes will determine amount of temporary fill required. Colored sheets of plastic shall beplaced under the temporary fill at original grade so that original grade will not be disturbedwhen temporary fill is removed. No equipment or vehicles may be parked on the right of way.No material may be stored on the right of way.
11. The encroaching party acknowledges that Colonial' s pipelines utilize impressed electricalcurrent (" cathodic protection") for the protection of the steel. Only Colonial personnel willcorrect any loss of this protection caused by the encroaching party. The cost to correct this
damage will be paid by the encroaching party. Further, encroaching party recognizes there maybe some risk of damage to your facilities because they are in close proximity to said cathodicprotection system and, therefore, any damages to encroaching party' s facilities resulting fromColonial' s impressed electric current shall be encroaching party' s responsibility.
12. Only low growing ornamental type shrubbery with a maximum expected height of four( 4) feetshall be allowed within the right of way. In addition, no pipeline marker shall be obscured frompublic view.
13. Relocation or removal of Colonial' s pipeline markers shall not be permitted without theapproval of a Colonial representative. Pipeline markers made unusable or damaged shall berepaired or replaced at the encroaching party' s expense.
14. Parallel occupancy of the pipeline' s easement with road right of way, or utilities is notpermitted. Crossing shall be as near as a perpendicular angle to the easement as practical.
15. All proposed roadways, driveways and parking areas should maintain a minimum of four feet4') from top of pipe to top road surface and three ( 3) feet minimum vertical cover in open
drainage or road ditches. Colonial' s Engineering may increase these minimum requirements asdetermined by a stress analysis of the pipe, and other variable conditions and factors. Colonialmay consider concrete protection slabs, per Colonial' s specifications as an option, to beinstalled to protect the pipeline(s).
16. Any and all pipeline(s) within the proposed road, parking, or railway area, will be excavatedand visually inspected, with the possible reapplication of pipeline coatings applied, by aColonial contractor, at the full expense of the encroaching party. Colonial requires that thepipeline coating system be evaluated for suitability of service in relation to the proposedencroachment. Should Colonial deem that the coating system is insufficient due to increasedsoil stresses or other factors, Colonial will, at the developer' s expense, upgrade the pipelinecoating to accommodate the proposed encroachment. Colonial will backfill the inspected areato its standard, and will not be held responsible for compaction. ( NOTE: A Pipeline
Accommodation Agreement for reimbursement to Colonial shall be executed between Colonialand the encroaching party prior to such adjustment.)
3—Rev. 02.27.15 Colonial Pipeline Company ROW-F02
36
17. Cover above the pipeline(s) shall be a minimum of four (4) feet, and in general a maximum of6) feet, unless approved by the Right of Way Manager.
18. The burning of trash, debris, etc. shall not be permitted within Colonial' s right of way.19. Should any damage occur to the herein permitted encroachment, as a result of Colonial
exercising any of its rights at any time, Colonial will not be responsible for said damage; andany expense or monetary cost involved in the repair of said damages will be borne by owners ofsaid damaged encroachment.
20. Encroaching party agrees to defend and hold Colonial Pipeline Company harmless from all loss,cost, or other expense, including personal property and bodily injuries, whether occurring to itor to Colonial, or the respective employees, agents and servants of either, or to third parties,which are proximately caused by or arise from the installation, maintenance, or repair of theherein permitted works, with the exception of claims due to the sole negligence of ColonialPipeline Company.
21. This approval is granted only to the extent of and with no actual or implied diminishment ofColonial' s rights and interests and without either express or implied warranty.
22. Fences shall be constructed with gates sufficiently large enough to allow Colonial' s personneland equipment the right of ingress and egress. Fence posts shall be installed at least five( 5) feetto the side of any pipeline, with the approval of the field representative.
23. If the approximate location of the pipeline(s) is required, steel prod bars, shovels, and electricalsending devices may be used by Colonial' s field personnel only. It should be noted that thesemethods are only approximate and can be misleading. The exact location of the pipeline(s) canbest be found with test pitting.
24. If test pitting is required to determine the exact location, and elevation, of the pipeline(s), the
Encroaching party agrees to notify the undersigned at least two (2) working days in advance, sothat he may provide a Colonial field representative to be at the site. This representative must bepresent during the test pitting for the protection of the pipeline(s), and for the commonverification of its location. All costs for this test pitting, and for the Colonial representative,will be borne by the encroaching party. Any engineering based on Colonial or other designcriteria stemming from the amount or location of this test pit data is the responsibility of theencroaching party.
25. Colonial reserves the right to open, cut, excavate and dig across the proposed road, railway,sidewalks, avenues, utility lines, or any other encroachment herein granted by this agreement,and in any such event, Colonial shall not be liable for the restoration of same, or the payment ofany damages to the encroaching party.
4-Rev. 02. 27. 15 Colonial Pipeline Company ROW-F02
37
26. Excavation or grading which might result in erosion or which could render the right of wayinaccessible shall not be permitted unless the encroaching party agrees to restore the area andprovide protection to Colonial' s pipeline(s). Any erosion control measures within the right ofway including diversion dikes, sediment traps, silt fences, gravel outlets, and emergencyspillways will require approval of the Colonial representative, as to equipment and method.
27. If construction on the aforementioned project is not initiated within one calendar year of thedate of this letter of agreement, then Colonial Pipeline shall have the right to reconsider theconditions and privileges herein granted, and have full right to alter same, dependant uponcurrent protocol.
28. The encroaching party agrees that all work on Colonial' s right of way shall be performed in aWorkmanlike manner and in compliance with all applicable government and industry standardsand codes.
29. Upon failure of the encroaching party, owner or his agents to comply with any of the Terms ofthis Agreement, Colonial will provide Encroaching Party with advance written notice of anyintent to revoke this Agreement in its entirety, prevent same from continuing any activity inviolation of the terms of this Agreement or its rights under its easements and prior agreementsand make any necessary repairs or adjustments to its pipeline(s) or right of way with its own orcontract forces at the expense of the party requesting the encroachment.
30. Colonial Pipeline Company will have the option of installing video surveillance camera(s) toprovide continuous monitoring of its facilities.
31. Notwithstanding anything to the contrary in this Agreement, Encroaching Party is not allowedto perform the encroaching activities contemplated hereunder without first paying Colonial forany Accommodation Work necessary to be performed by Colonial to protect its pipeline( s) andrights of way from those encroaching activities. Additionally, if such Accommodation Work isrequired, the encroaching activities will not be initiated until said Accommodation Work iscompleted. Said Accommodation Work and estimate therefore should have been outlined indetail in previous correspondence to Encroaching Party. If such previous correspondence hasnot been received, Encroaching Party is required to request same.
32. Should your project be ongoing in close proximity to Colonial' s pipeline(s) for an extendedperiod of time, it will be necessary for a Colonial representative to be on- site for a significantduration. Accordingly, since such extended inspection time is outside the scope of Colonial' snormal operations, you will be billed for that representative' s time. Colonial' s policy is to billfor any inspection time in excess of a total of 10 hours ( cumulative for that project) and for anyevening, weekend or holiday time.
33. This agreement approves only the work specified above all utility encroachments will need tobe approved by the local inspector for Colonial Pipeline Company.
5-Rev. 02.27.15 Colonial Pipeline Company ROW-F02
38
Please signify acceptance of the above conditions by a proper official in the space provided below, andreturn to the Right ofWay Coordinator' s office. Colonial Pipeline will notify you to proceed with yourproject upon receipt of the signed original.
Sincerely,
Colonial Pipeline Representative
Encroachment No.: SEDKGRO216
ACCEPTED AND AGREED TO THIS it DAY OF frl try(
signature)
company)
BY:
name, typed or printed)
TITLE:
typed or printed)
Original: Right of Way Department6-
Rev. 02. 27.15 Colonial Pipeline Company ROW-F02
39
GATEWOOD, SKIPPER & RAMBO, P. C.Attorneys at Law
410 WEST LAMAR STREET
POST OFFICE Box 488
AMERICUS, GEORGIA 31709
JAMES C. GATEWOOD TELEPHONE: ( 229) 924-9316JAMES M. SKIPPER, JR. TELECOPIER ( 229) 924- 6248WILLIAM W. RAMBO REAL ESTATE FACSIMILE: ( 229) 931-9097
Memorandum
THE I tFORMATION CONTAINEDRQt
IN THIS MEMORANDUM IS SINLIECTTO THE ATTORNEY-CL tT PRIVILEGE
AND MAY NOT BE DISSEMINATEDTO ANY THIRD PARTIES
TO: Christi Dockery, Co- Interim County ManagerLee County Board of Commissioners
FROM: Jimmy SkipperCounty Attorney
DATE: June 1, 2016
RE: Proposed Encroachment Agreement for
Easement between Lee County andGeorgia Transmission CorporationOur File No. 8444/634D
As requested, I have reviewed the proposed Encroachment Agreement between
Lee County and Georgia Transmission Corporation in connection with the Forrester-Westover Road project. I have the following comments as a result of that review:
1) As an initial disclosure, please be aware that I also do legal work forGeorgia Transmission Corporation. That legal work primarily involves right of way lines,utility easements, and related matters. Therefore, I have a potential conflict of interest
in reviewing this proposed Encroachment Agreement; however, the County may waivethat conflict if the County deems it appropriate to do so. For the purposes of this
Memorandum, I am assuming that the County will waive that conflict.
2) The first thing to remember is that Georgia Transmission CorporationGTC") likely only owns an easement across the property which is the subject of this
Agreement. Therefore, while this Encroachment Agreement allows the Countyencroach upon the GTC easement for purposes of the Forrester-Westover Road
40
Ms. Christi DockeryJune 1, 2016
Page 2
project, it does not relieve the County of its obligation to acquire right of way for its newroadway from the underlying property owner which would actually own the propertywhere the GTC easement is located. That is more particularly addressed in Paragraph1 of the Agreement and is a very important point that the County needs to keep in mind.
3) Paragraph 4 of the Agreement provides that Lee County uses the right ofway of GTC at its sole risk and that GTC is relieved of responsibility for damages to theproperty of Lee County which results from the use of the right of way by GTC.
4) In Paragraph 5, there are specific limitations regarding how close to thepower lines and other electric facilities located on the easement that Lee County and itscontractors can use any tools, machinery, or equipment. The County and itscontractors need to make sure that they can at all times comply with those limitations.
5) In Paragraph 6, Lee County is agreeing to reimburse GTC for any costsand expenses incurred by GTC resulting from damage to GTC's facilities by Lee Countyor its contractors. Lee County also agrees to pay GTC any costs that GTC incurs inmoving its electric facilities to accommodate Lee County's activities.
6) Paragraph 7 contains a provision requiring Lee County to notify GTC atleast three ( 3) business days prior to any Lee County construction on the right of wayby either Lee County or its contractors) under the terms of the Encroachment
Agreement.
7) Paragraph 8 contains an indemnification agreement regarding anydamages to persons or property that either Lee County or its agents, contractors, sub-contractors, etc. cause on the property. Normally, I am of the opinion that
indemnification agreements with respect to a city or county are generally unenforceablein Georgia; however, this particular paragraph provides that the indemnification isenforceable " to the extent that it may be lawfully" enforced under Georgia law. You doneed to be aware, however, that the law as to whether indemnification provisionsinvolving local governments in Georgia are enforceable is not exactly clear from a legalperspective, so the County is potentially assuming substantial liability under Paragraph8 of the Agreement.
8) With respect to Paragraph 9, there is a specific requirement that Lee
County incorporate into all of its contracts for any work or construction on the GTCeasement with any third persons an indemnification agreement in favor of GTC.Whoever initially drafts the construction agreements should be aware of this Paragraph
41
Ms. Christi DockeryJune 1, 2016
Page 3
9 so that the County will not be in default under this Agreement by failing to include thatlanguage.
9) With respect to Paragraph 10, this should also be included in any contractwith a contractor or sub-contractor doing or providing work on the easement right ofway, and that is the requirement that such contractor or sub-contractor have liabilityinsurance in the amount of not less than $ 2 million per occurrence for bodily injury andproperty damage arising out of Lee County's operations under the EncroachmentAgreement.
10) With respect to Paragraph 12, Lee County and its contractors arerequired to undertake any construction activity at a distance more than 25 feet from anyof GTC' s structures or any attachments to those structures.
11) Under the last paragraph, which is unnumbered, Lee County is agreeingto adopt a Resolution authorizing the execution of this Agreement, and I will preparesuch a Resolution as soon as I am advised that the County is agreeable to entering intothis Agreement. I also note that the last paragraph of the Agreement requires theAgreement to be signed on or before April 29, 2016, and that date has long sincepassed; therefore, the Agreement would need to be updated with a new date. Finally,the last paragraph also provides that the Encroachment Agreement expires one ( 1) yearfrom the date it is executed. I do not know how long the construction in this area will berequired, but that deadline is something that the County needs to take into considerationin its construction activities.
If you have any questions regarding these comments, please let me know.
Otherwise, once it has been decided that the County will agree to this EncroachmentAgreement, please let me know and I will prepare a Resolution for that purpose for thenext regularly scheduled Commission meeting.
42
Ms. Christi DockeryJune 1, 2016
Page 4
Ms. Christi DockeryLee County Board of Commissioners110 Starksville Avenue North
Leesburg, Georgia 31763
43
Upon Recording Return To: I/
Mac Hamilton GeorgiaTransmissionGeorgia Transmission Corporation
Cooperouvesowned Elect".
2100 East Exchange PlaceTucker, GA 30084
GOVERNMENTAL ENCROACHMENT AGREEMENT FOR EASEMENT
APPLICATION# 15-087
SUBJECT: NORTH AMERICUS— PALMYRA 230KV TRANSMISSION LINE
Georgia Transmission Corporation ( An Electric Membership Corporation), hereinafter called the " Power Company," hereby consents for LEECOUNTY BOARD OF COMMISSIONERS, hereinafter called the" Undersigned' to use an area within the Power Company's subject electric transmission lineright(s)-of-way described as follows:
Said right(s)-of-way being 125 feet in width and extending in part through Land Lots 234& 248, 2NO District, of LEE County, Georgia, on which thePower Company has constructed and now maintains and operates said electric transmission lines by virtue of certain easements heretoforeacquired by the Power Company. The said right(s)-of-way is shown on plat attached hereto and made a part hereof as Exhibit A.
The use of the area by the Undersigned within said right(s)- of-way, pursuant to this consent, shall be limited to the construction, operation andmaintenance of PAVED PUBLIC ROAD at the location and to the extent as shown on said attached plat. It is specifically understood that no buildings or otherobstructions of any type will be permitted within or on subject transmission line right(s)- of-way.
The plans and specifications as submitted by the Undersigned meet the Power Company's approval provided the Undersigned conforms to thefollowing terms and conditions:
1. The Undersigned agrees to obtain all necessary rights from the owners of the lands crossed by the Power Company's right(s)- of-way.2. The Undersigned agrees to use said area within the Power Company's rights)-of-way in such a manner as will not interfere with the
Power Company's activities and facilities as now, or hereafter, exist thereon( hereinafter Power Company's" activities" and" facilities")3. The Undersigned agrees that the use of Power Company's right(s)- of-way as herein provided shall in no way affect the validity of the
Power Company's easement(s) and shall in no way modify or restrict the use or rights of the Power Company, its successors or assigns, in and to thearea to be used. The Undersigned acknowledges the Power Company's right and title to said easement(s) and the priority of the Power Company' sright of use and hereby agrees not to resist or assail said priority.
4. The use of said area within said right(s)-of-way by the Undersigned shall be at the sole risk and expense of the Undersigned, and thePower Company is specifically relieved of any responsibility for damage to the facilities and property of the Undersigned resulting or occurring fromthe use of said right(s)-of-way by the Power Company as provided herein. The Undersigned covenants not to sue Power Company in that instance.
5. The Undersigned hereby agrees and covenants not to use and will prohibit agents, employees and contractors of Undersigned fromusing any tools, equipment or machinery within ten( 10) feet of the Power Company's overhead conductors. The Undersigned agrees to comply withOfficial Code of Georgia Section 46-3-30 et seq., ( HIGH-VOLTAGE SAFETY ACT) and any and all Rules and Regulations of the State of Georgiapromulgated in connection therewith, all as now enacted or as hereinafter amended; and further agrees to notify any contractors) that may beemployed by the Undersigned to perform any of the work referred to in this Agreement of the existence of said code sections and regulations byrequiring said work to be performed in compliance with said code sections and regulations by including same as a requirement in its request for bidsand including said requirements in any contract let as a result of said bid. The Undersigned further agrees and covenants to warn all persons whomthe Undersigned knows or should reasonably anticipate for any reason may resort to the vicinity of such conductors of the fact that such conductorsare( a) electrical conductors,( b) energized,( c) uninsulated and( d) dangerous.
6. Notwithstanding anything to the contrary contained herein, the Undersigned agrees to reimburse the Power Company for all cost andexpense for any damage to the Power Company's facilities resulting from the use by the Undersigned of said area within said right(s)-of-way. Also,the Undersigned agrees that if in the opinion of the Power Company, it becomes necessary, as a result of the exercise of the permission hereingranted, to relocate, rearrange, change or raise any of the Power Company's facilities, to promptly reimburse the Power Company for all cost andexpense involved in such relocation, rearrangement or raising of said facilities.
7. The Undersigned agrees to notify or have the Undersigned' s contractor notify the Power Company' s Representative in Tucker, Georgia,Phone 770-270-7086, at least three( 3) business days prior to any construction on the Power Company's right(s)- of-way.
8. The Undersigned agrees, to the extent it may lawfully do so, to indemnify and save harmless and defend the Power Company from thepayment of any sum or sums of money to any persons whomsoever( including third persons, subcontractors, the Undersigned the Power Companyand agents and employees of them) on account of claims or suits growing out of injuries to persons ( including death) or damage to propertyincluding property of the Power Company) in any way attributable to or arising out of the use of the right(s)-of-way, by the Undersigned as herein
provided, including ( but without limiting the generality of the foregoing) all liens, garnishments, attachments, claims, suits, judgments, costs,attorney' s fees, cost of investigation and of defense, and excepting only those situations where the personal injury or property damage claimed havebeen caused by reason of the sole negligence on the part of the Power Company, its agents or employees.
9. The Undersigned hereby agrees to incorporate in any and all of its contracts and/or agreements, for any work or construction done on orto said described right(s)- of-way, with any and all third persons, contractors, or subcontractors, a provision requiring said third parties, contractors orsubcontractors to indemnify and defend Power Company, its agents and employees as provided for above from payment of any sum or sums of15-087_ LeeCo8ofComm_ FussellRaLee I Undersigned Initials:
44
money by reason of claims or suits resulting from injuries ( including death) to any person or damage to any property which is in any mannerattributable to or resulting from the construction, use or maintenance of the Undersigned' s facilities, projects or programs conducted on PowerCompany's right(s)- of-way herein described, and excepting only those situations where the personal injury or property damage claimed have beencaused by reason of the sole negligence on the part of the Power Company, Its agents or employees.
10. The Undersigned further agrees to carry, if performing work or construction, and to require that any such third party, contractor orsubcontractor doing or providing any such work or construction on said right(s)- of-way carry liability insurance which shall specifically cover suchcontractually assumed liability. A certificate of such insurance issued by the appropriate insurance company shall be furnished to the PowerCompany. Said amount of insurance to be not less than$ 2,000,000 per occurrence for bodily injury and property damage which arise out of or resultfrom the Undersigned's operations under this agreement. The Power Company shall be named as an additional insured on this liability insurancecoverage.
11. The Power Company has the right to remove all trees and brush from the limits of the right(s)-of-way. However, Power Company willpermit some planting of low growing shrubbery provided these plants do not interfere with the access to and operation of Power Company' s facilitiesand are planted at a distance greater than twenty-five( 25) feet from Power Company's structure(s) or attachment thereto. A planted low growingshrub is defined as a shrub which grows no more than 15 feet in height at maturity.
12. The Undersigned agrees that all construction activity shall be conducted at a distance greater than twenty- five feet( 25') from any ofPower Company' s structure(s) or attachment thereto.
13. This Agreement shall inure to the benefit of and be binding upon the parties, their heirs, successors and/or assigns.
The Undersigned hereby accepts the foregoing consent, and has by Resolution, or by other legal and proper authorization ( a copy of whichwill be furnished to Power Company on request), duly authorized the execution and acceptance of this Agreement subject to the terms and conditionsset forth above. In the event the Undersigned fails to perform as herein provided or shall not have executed and returned this Agreement on orbefore the 29T" of APRIL 2018, this Agreement shall become void and no use shall be made of the Power Company' s right(s)-of-way as hereinprovided. Additionally, Undersigned has a period of three hundred sixty five( 365) days from Power Company's execution date, below, to perform theaforementioned Encroachment(s). If Undersigned fails to complete said Encroachments within this time period, this Agreement shall become voidand a new Agreement must be executed prior to any further work being attempted.
IN WITNESS WHEREOF, this Agreement has been duly executed, this the day of 20
UNDERSIGNEDWITNESS: BY:
NAME:
NOTARY PUBLIC: TITLE:
The Power Company has by its duly authorized agent executed this Agreement, this the day of 20_
GEORGIA TRANSMISSION CORPORATIONAN ELECTRIC MEMBERSHIP CORPORATION)
WITNESS: BY:
NAME: David Van Winkle
NOTARY PUBLIC: TITLE: VP, Operations and Maintenance
15-O87 LeeCoeofComm_ FussellRd_Lee 2 Undersigned Initials:
45
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Undersigned Initials:
47
MEMORANDUM
LEE COUNTY BOARD OF
COMMISSIONERS
LEE COUNTYLife works well here.
TO: Honorable Board of County Commissioners
SUBJECT: Georgia Power Company Encroachment Agreement
MEETING DATE: Tuesday, June 14, 2016
MOTION/ RECOMMENDATION
Consideration to approve Encroachment Agreement with Georgia Power Company inconnection with the Forrester/ Westover Road Connector Project. After the agreement is
approved, Lee County will adopt a Resolution authorizing the execution of the agreement at afuture Board of Commissioner' s meeting.
BACKGROUND
The Georgia Power Company consents for Lee County Board of Commissioners to use an areawithin its subject electric transmission line right-of-way on which it has constructed and nowmaintains and operates electric transmission lines by virtue of certain easements acquired. The
right-of-ways are shown on the plats as Exhibits to the attached Agreement.
ATTACHMENTS
1. County Attorney' s Memo2. Encroachment Agreement for Easement
48
GATEWOOD, SKIPPER & RAMBO, P. C.Attorneys at Law
410 WEST LAMAR STREETPOST OFFICE Box 488
AMERICUS, GEORGIA 31709
JAMES C. GATEWOODJAMES M. SKIPPER,JR. TELEPHONE: ( 229) 924- 9316WILLIAM W. RAMBO TELECOPIER ( 229) 924- 6248
REAL ESTATE FACSIMILE:( 229) 931-9097
Memorandum
THE INFORMATION CONTAINEDIN THIS MEMORANDUM IS SUBJECT
TO THE ATTORNEY-CLIENT PRIVILEGEAND MAY NOT BE DISSEMINATED
TO ANY THIRD PARTIES
TO: Christi Dockery, Co-Interim County ManagerLee County Board of Commissioners
FROM: Jimmy SkipperCounty Attorney cccid
DATE: June 7, 2016
RE: Proposed Encroachment Agreement forEasement between Lee County andGeorgia Power CompanyOur File No. 8444/634D
As requested, I have reviewed the proposed Encroachment Agreement betweenLee County and Georgia Transmission Corporation in connection with the Forrester-Westover Road project. I have the following comments as a result of that review:
1) You will recall that I reviewed a proposed Encroachment Agreementbetween Lee County and Georgia Transmission Corporation and sent you aMemorandum about that on June 1, 2016. In comparing the proposed EncroachmentAgreement with Georgia Transmission Corporation and the proposed EncroachmentAgreement with Georgia Power Company, both of those Agreements contain
substantially the same provisions so, as a general matter, my comments about theproposed Georgia Transmission Corporation Agreement will also apply to the proposedGeorgia Power Company Agreement. However, I am issuing a separate Memorandumas to the proposed Georgia Power Company Agreement since that is being handledseparately and is technically a separate Agreement.
49
Ms. Christi DockeryJune 7, 2016
Page 2
2) The first thing to remember is that Georgia Power Company ("GPC") likelyonly owns an easement across the property which is the subject of this Agreement.Therefore, while this Encroachment Agreement allows the County to encroach upon theGPC easement for purposes of the Forrester-Westover Road project, it does not relievethe County of its obligation to acquire right of way for its new roadway from theunderlying property owner which would actually own the property where the GPCeasement is located. That is more particularly addressed in Paragraph 1 of theAgreement and is a very important point that the County needs to keep in mind.
3) Paragraph 4 of the Agreement provides that Lee County uses the right ofway of GPC at its sole risk and that GPC is relieved of responsibility for damages to theproperty of Lee County which results from the use of the right of way by GPC.
4) In Paragraph 5, there are specific limitations regarding how close to thepower lines and other electric facilities located on the easement that Lee County and itscontractors can use any tools, machinery, or equipment. The County and itscontractors need to make sure that they can at all times comply with those limitations.
5) In Paragraph 6 Lee Countyty is agreeing to reimburse GPC for any costsand expenses incurred by GPC resulting from damage to GPC' s facilities by Lee Countyor its contractors. Lee County also agrees to pay GPC any costs that GPC incurs inmoving its electric facilities to accommodate Lee County's activities.
6) Paragraph 7 contains a provision requiring Lee County to notify GPC atleast three ( 3) business days prior to any Lee County construction on the right of wayby either Lee County or its contractors) under the terms of the Encroachment
Agreement.
7) Paragraph 8 contains an indemnification agreement regarding anydamages to persons or property that either Lee County or its agents, contractors, sub-contractors, etc. cause on the property. Normally, I am of the opinion that
indemnification agreements with respect to a city or county are generally unenforceablein Georgia. While this particular paragraph does not provide that the indemnificationobligation is " to the extent authorized by Georgia law" or some similar language, I stillthink that the indemnification provisions in the Agreement would not be enforceable if aGeorgia court later determined that such provisions are unenforceable. Nevertheless,
you do need to be aware, however, that whether indemnification provisions involvinglocal governments in Georgia are enforceable is not exactly clear from a legal
50
Ms. Christi DockeryJune 7, 2016
Page 3
perspective, so the County is potentially assuming substantial liability under Paragraph8 of the Agreement.
8) With respect to Paragraph 9, there is a specific requirement that. LeeCounty incorporate into all of its contracts for any work or construction on the GPCeasement with any third persons an indemnification agreement in favor of GPC.Whoever initially drafts the construction agreements should be aware of this Paragraph9 so that the County will not be in default under this Agreement by failing to include thatlanguage.
9) With respect to Paragraph 10, this should also be included in any contractwith a contractor or sub-contractor doing or providing work on the easement right ofway, and that is the requirement that such contractor or sub-contractor have liabilityinsurance in the amount of not less than $2 million per occurrence for bodily injury andproperty damage arising out of Lee County's operations under the EncroachmentAgreement.
10) With respect to Paragraph 12, Lee County and its contractors arerequired to undertake any construction activity at a distance more than 25 feet from anyof GPC's structures or any attachments to those structures.
11) Under the last paragraph, which is unnumbered, Lee County is agreeingto adopt a Resolution authorizing the execution of this Agreement, and I will preparesuch a Resolution as soon as I am advised that the County is agreeable to entering intothis Agreement. I also note that the last paragraph of the Agreement requires theAgreement to be signed on or before August 1, 2016.
If you have any questions regarding these comments, please let me know.
Otherwise, once it has been decided that the County will agree to this EncroachmentAgreement, please let me know and I will prepare a Resolution for that purpose for thenext regularly scheduled Commission meeting.
51
Office: 912-287-5483FAX: 912-287-5425
GEORGIAPOWER
June 1, 2016 A SOUTHERN COMPANY
Lee County Board of CommissionersMr Matthew Inman
110 Starksville Avenue North
Leesburg, GA 31763
RE: Georgia Power Encroachment Agreement# E74560Americus— Palmyra 115KV Transmission LineFlint River Primary— Switch 067611 46KV Transmission Line
Mr Inman
Enclosed is GPCO's Encroachment Agreement# E74560 for review The signers name and title shouldbe printed or typed below the signature as well as initialed on the exhibit page three The documentsmust be witnessed, notarized, initialed and dated before returning If this agreement is for a Corporation,it is to be signed by a legally authorized representative of the Corporation. For this agreement to beexecuted, it must be returned to this office by the expiration date noted on the encroachment form
When approved by Georgia Power Co one copy of the fully executed and notarized documents will bereturned to you for your records At that time you may begin your work
Please feel free to contact me at( 912) 287- 5483 should you have any questions or should I be ofassistance in another matter
Sincerely,
Tina S. Rees
Forestry and Right of Way Services
Enclosures
52
EXHIBIT A
TO ENCROACHMENT AGREEMENT FOR EASEMENT
Power Company Initials:
Undersigned Initials
GROW 3003- Encroachment Agreement rc+ Easement Pmperry 53
ENCROACHMENT AGREEMENT FOR EASEMENTL F a d` iy
APPLICATION s E' 4560
SUBJECT: Americus- Palmyra 115KV Transmission Line
Flint River Pri- Switch 067611 46KV Transmission Line
The Georgia Power Company, hereinafter caned the" Power Company," hereby consents for Lee County Board of Commissioners, hereinaftercaned the" Undersigned," to use an area within the Power Company's subied electric transmission line right(s)-of-way described as follows:
Said right(s)-of-way being 12S feet in width and extending in part through Land Lots 248, 232. 233, 2nd District/GMD. of Lee County, Georgia, onwhich the Power Company has constructed and now maintains and operates said electric transmission lines by virtue of certain easementsheretofore acquired by the Power Company The said right(s)-of-way are shown on plat attached hereto and made a part hereof as Exhibit A
The use of the area by the Undersigned within said rights)-of-way. pursuant to this consent, shall be limited to the construction, operation andmaintenance of minimal grading and new road at the location and to the extent as shown on said attached plat it is specifically understood that no buildingsor other obstructions of any type will be permitted within or on subject transmission line nght(s)- of-way
The plans and specifications as submitted by the Undersigned meet the Power Company's approval provided the Undersigned conforms to thefollowing terms and conditions:
I The Undersigned agrees to obtain all necessary rights from the owners of the lands crossed by the Power Company's right(s)-of-way
2 The Undersigned agrees to use said area within the Power Company' s nght(s)-of-way in such a manner as will not interfere with thePower Company's activities and facilities as now, or hereafter, exist thereon( hereinafter Power Company' s' activities and" facilities")
The Undersigned agrees that the use of Power Company' s right(s)-of-way as herein provided shall in no way affect the validity of thePower Company' s easement(s) and shall in no way modify or restrict the use or rights of the Power Company, its successors or assigns. in and to thearea to be used The Undersigned acknowledges the Power Company's right and title to said easements) and the pnonty of the Power Company' sright of use and hereby agrees not to resist or assail said priority
3. The use of said area within said right(s)-o€-way by the Undersigned shall be at the sole risk and expense of the Undersigned, and thePower Company is specifically relieved of any responsibility for damage to the facilities and property of the Undersigned resulting or occurring fromthe use of said nght(s)-of-way by the Power Company as provided herein The Undersigned covenants not to sue Power Company in that instance.
5. The Undersigned hereby agrees and covenants not to use and will prohibit agents, employees and contractors of Undersigned fromusing any tools, equipment or machinery within ten( 10) feet of the Power Company' s overhead conductors. The Undersigned agrees to comply withOfficial Code of Georgia. Section 46-3-30 et seq, ( HIGH-VOLTAGE SAFETY ACT) and any and all Rules and Regulations of the State of Georgiapromulgated in connection therewith, all as now enacted or as hereinafter amended, and further agrees to notify any contractor(s) that may beemployed by the Undersigned to perform any of the work referred to in this Agreement of the existence of said code sections and regulations byrequiring said work to be performed in compliance with said code sections and regulations by including same as a requirement in its request for bidsand including said requirements in any contract let as a result of said bid The Undersigned further agrees and covenants to warn all persons whomthe Undersigned knows or should reasonably anticipate for any reason may resort to the vicinity of such conductors of the fact that such conductorsare( a) electncal conductors.( b) energized.( c) unrnsulated and id) dangerous
6. Notwithstanding anything to the contrary contained herein. the Undersigned agrees to reimburse the Power Company for all cost andexpense for any damage to the Power Company' s facilities resulting from the use by the Undersigned of said area within said nght(s)- of-way Alsothe Undersigned agrees that if in the opinion of the Power Company it becomes necessary as a result of the exercise of the permission hereingranted. to relocate. rearrange. change or raise any of the Power Company' s facilities. to promptly reimburse the Power Company for all cost andexpense involved in such relocation, rearrangement or raising of said facilities
7 The Undersigned agrees to notify or have the Undersigned' s contractor notify the Power Company s Representative inGeorgia. Phone 41 2b' S481. at least three( 3) business days prior to actual construction on the Power Company' s right( s)- of-way
R. The Undersigned agrees to indemnify and save harmless and defend the Power Company from the payment of any sum or sums ofmoney to any persons whomsoever ( including third persons. subcontractors. the Undersigned the Power Company and agents and employees ofthem) on account of claims or suits growing out of in)unes to persons ( including death) or damage to property ( including property of the PowerCompany) in any way attributable to or arising out of the use of the nghtts)- of-way by the Undersigned as herein provided including ( but withoutlimiting the generality of the foregoing) at liens garnishments attachments claims suits judgments costs attorneys tees. cost of investigation andof defense. and excepting only those situations where the personal injury or property damage darned have been caused by reason of the solenegligence on the part of ire Power Company. its agents or employeesFtROW 3003 . Erridoachmeni Agriemer: for Easement a": ioeme 54
9. The Undersigned hereby agrees to incorporate in any and all of its contracts and/or agreements, for any work or construction done on orto said described right(s)-of-way, with any and all third persons. contractors. or subcontractors, a provision requinng said third parties, contractors orsubcontractors to indemnify and defend Power Company, its agents and employees as provided for above from payment of any sum or sums ofmoney by reason of claims or sums resulting from injuries ( including death) to any person or damage to any property which is in any mannerattributable to or resulting from the construction, use or maintenance of the Undersigned' s facilities: projects or programs conducted on PowerCompany's right(s)-of-way herein described, and excepting only those situations where the personal injury or property damage claimed have beencaused by reason of the sole negligence on the part of the Power Company, its agents or employees.
10. The Undersigned further agrees to carry, if performing work or construction, and to require that any such third party, contractor orsubcontractor doing or providing any such work or construction on said right(s)-of-way carry liability insurance which shall specifically cover suchcontractually assumed liability A certificate of such insurance issued by the appropriate insurance company shall be furnished to the PowerCompany upon request, said amount of insurance to be not less than$ 2,000,000 per occurrence for bodily injury and property damage which ariseout of or result from the Undersigned' s operations under this agreement. The Power Company shall be named as an additional insured on this liabilityinsurance coverage_
I I. The Power Company has the right to remove all trees and brush from the limits of the right(s)-of-way However, Power Company willpermit some planting of shrubbery and low growing trees provided these plants do not interfere with the access to and operation of Power Company'sfacilities and are planted at a distance greater than twenty- five ( 25) feet from any structure or attachment thereto A planted low growing tree isdefined as a tree which grows no more than 15 feet in height at matunty
12. The Undersigned agrees that all construction activity shall be conducted at a distance greater than twenty-five ( 25) feet from anystructure or attachment thereto.
Li. This Agreement shall inure to the benefit of and be binding upon the parties, their heirs, successors and/or assigns.N The Undersigned hereby accepts the foregoing consent subject to the terms and conditions set forth above and in the event the Undersigned
fails to perform as herein provided and shall not have executed and returned this Agreement on or before the tst of August 2016, this Agreementshall become void and no use of the Power Company's right(s)-of-way as herein provided for shall be made.
IN WITNESS WHEREOF, this Agreement has been duly executed, this the` day of 20
I
UNDERSIGNED: Lee County Board of CommissionersWITNESS BY
NAME.
NOTARY PUBLIC TITLE
The Power Company has by its duly authonzed agent executed this Agreement this the— day of 20
GEORGIA POWER COMPANY
WITNESS- BY
NAME. Matt Sober
NOTARY PUBLIC TITLE Area Transmission Maintenance Supervisor
I
BROW 3003- Er croacnmenr Agreemer' a, x Easement Proper"), 255
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MEMORANDUM
LEE COUNTY BOARD
OF COMMISSIONERS
LEE COUNTYLife works well here.
TO: Honorable Board of County Commissioners
FROM: William" Bill" Walter, MRE, CSI
Masonry Technologies& Services, LLC
SUBJECT: Lee County Courthouse Renovation Contractor Recommendation
MEETING DATE: Tuesday, June 14, 2016
We have completed the initial phase for the vetting of contractors for the Building EnvelopeRestoration project recently bid. After thorough examination, we respectfully submit that MidwestMaintenance, Inc. be awarded this project, Base Bid and alternates to be determined, for their
complete bid submission and with meeting all requirements. In more detail please note the followingbackup information for this decision:
Restore Works
Does not have a Georgia State Contractors License
Does not have an E- Verify registration or numberDid not present any Georgia references as requestedDid not provide contact information for references that were submitted as requested
References submitted did not appear to be comparable to this project, amount of contract as
well as metal work especially
People I contacted on my own in the Chicago area had nothing bad to say about MidwestPressure Washing( their name until recently when changed to Restore Works.) They didcomment that the majority of their exposure to this company was for cleaning facades, not somuch with repair and restoration of elements.
If Restore Works was going to have other subcontractors provide specialized craftsmen to dowork, they did not mention such in their bid.Submitted a 5% check in lieu of a Bid Bond which was not an option
Did not submit an approach to work method, project performance layout per requestDid not submit a complete bidder qualification package as requested
No company financial information was provided as requestedNo craftsman resume or staff information was providedLegal business name provided was not correct
Base Bid was more than 20% below engineers estimate. ( GA state rule states bids are to be
no lower than 20% of estimate.)
Our concern is significant on the ability to perform Base Bid with so little monies allocatedRestore Works was significantly incomplete in their bid submission as requested by thespecifications
Grade: Company background and staff---- 5 pts.
Approach to work method 0 pts.
Similar work experience 5 pts.
Start Date 10 pts.
Warranty 15 pts. 60
Price proposal 10 pts.
TOTAL 45 pts.
Midwest Maintenance, Inc
Does have a Georgia State Contractors License
Does have an E-Verify registration or numberDid present Georgia references as requested
Did provide contact information for references that were submitted as requested
References submitted were very comparable to this project, amount of contract as well asmetal work especially
Submitted a Bid Bond as requested
Did submit a thorough approach to work method, project performance layout per requestDid submit a complete bidder qualification package as requested
Submitted a thorough series of resumes listing management and supervision staff as well ascraftsman resumes
Company financial information was provided as requestedMaintains an office in Georgia
Base Bid was within 20% of engineers estimate
We have no concern on the ability to perform Base Bid and any or all alternatesMidwest Maintenance responded to every request in complete and more than satisfactoryinformation
Grade: Company background and staff---- 15 pts.
Approach to work method 20 pts.
Similar work experience 20 pts.
Start Date 10 pts.
Warranty 15 pts.
Price proposal 20 pts.
TOTAL 100 pts.
Regarding the alternates and unit costs. It is an issue that we can discuss in more detail soon. Myfirst response when I look at both contractors bids are that the unit costs do indicate a relatively evencomparison, although some dramatic ( either too high or too low) figures cause confusion fromRestore Works.
Alternates are proportionate, and can be a matter of how costs are assigned when added to the basebid. If all alternates are chosen to be accepted, that is fine. I do see that if some need to be omitted, wecan make a case to NOT perform M-5 and M-5a along with M-4 and possibly M-3. That could resultin a total project savings of$ 64,000 if we are looking at Midwest Maintenance alternate prices. Thisis just a very preliminary thought.
We can discuss more soon.
After all investigation and review, MRTS officially recommends Midwest Maintenance Inc. for thisproject !!
61
t'f*.' N Masonry Restoration
Technologies & Services, LLC.
WI 4
4INVOICE
Masonry Restoration Technologies ft Services, LLC. 168
4775 Bowsher Rd., Lima, Ohio 45806
Phone 419. 863. 4079 Fax 567. 712. 6376bill@masonrytechnologies. com
Lee County Courthouse Billing Date: June 6, 2016
Attn: Mike SistrunkAccount ID:# 2015- 6013- 2
Lee County ManagerInvoice Amount: $ 7, 885. 00
110 Starksvilte Ave.
Leesburg, GA 31763
CONTRACT AMOUNT JOB PAYMENT TERMS DUE DATE
24, 535. 00 Lee County Courthouse Net 30 Days Upon Receipt
ITEM VALUE BILLED TO DATE BILL THIS PERIODBALANCE TO
FINISH
Provide " arms reach" perspective of all building façade7, 255. 00 7255. 00 0 0
surfaces with aerial platform
Photo documentation of all surfaces Ft conditions on 3, 995. 00 3, 995. 00 0 0
facade and roof
Samples of materials and analysis 1, 550. 00 550. 00 1000. 00 0
Report of material detailing 1, 055. 00 255. 00 800. 00 0
Report of problems with the façade 1, 055. 00 605. 00 450. 00 0
Report for recommendations for repairs, specs, photo5, 250. 00 2, 985. 00 2, 265. 00 0
sheets with details for bidding
Budget cost for repair recommendations 1, 665. 00 550. 00 1, 115. 00 0
List of phase repair recommendations 955. 00 205. 00 750. 00 0
Consultation with County officials on report and1, 755. 00 250. 00 1, 505. 00 0
management of project
Interest will be charged at 2% per month on all overdue accounts.
TOTAL 16, 650. 00 7, 885. 00 0
Thank ou for our business!
phone: 419.863.4079 I fax: 567.712.6376 1 4775 Bowsher Road, Lima, OH, 45806 I masonrytechnologies.com
LEE COUNTYLife wuks wed here.
Lee County Landfill
Division ofLee County Public WorksDirector 759 Hwy 32, E Landfill Attendants
Michael T. Sistrunk Leesburg, GA 31763 Susan Bryan
229) 759-6009 Neil Stokes
FAX( 229) 759- 3332
To: Lee County Board of CommissionersFrom: Michael T. Sistrunk
Subject: Landfill PolicyDate: 6/ 01/ 16
The Lee County Landfill falls under the umbrella of the Public WorksDepartment. There are areas set aside for the disposal of specific items, suchas yard debris, metals, etc. These rules are set down and governed by theEnvironmental Protection Division. There have been several instances ofCompanies, Contractors and Citizens who fail to follow the rules. They haveall kinds of items mixed in with their loads, which they want to dispose of atthe Landfill. We have warned many of these recurrent offenders that theymust separate their loads as they dump. Transwaste which is the Companythat hauls our debris from the Landfill, charges extra fees to remove mixeddebris from our Landfill. This has resulted in higher fees and employeescrawling in to the trash containers removing items, which sometimes resultsin injuries to the employees. We are requesting that the Board ofCommissioners vote to make the Lee County Landfill Policy a CountyOrdinance. Attached is the Landfill Policy.
63
LANDFILL POLICY
Please follow attendant's instructions
on disposal of your materials
All materials listed below have
designated disposal sites
Metals (windows, chairs, appliances,
etc)
Paper, plastics, lumber,
construction debris, furniture, etc.
Inert (leaves, limbs, straw, etc)
Bricks and concrete
Tires
Failure to follow instructions will result
in
First offense is a warning
Second offense is a $ 100.00 fine
Third offense is termination of services
until further notice.
64
STATE PLAN OF OPERATIONS
BETWEEN
THE STATE OF
Georgia Department of Public Safety
Excess Property Program (1033)
AND
Lee County Marshal' s Office
1. PURPOSE
This State Plan of Operation ( SPO) is entered into between the State of Georgia and the LeeCounty Marshal' s Office, to set forth the terms and conditions which will be binding on theparties with respect to excess Department of Defense ( DOD) personal property transferredpursuant to 10 USC § 2576a in order to promote the efficient and expeditious transfer of
property and to ensure accountability of the same.
2. AUTHORITY
The Secretary of Defense is authorized by 10 USC § 2576a to transfer to State Law
Enforcement Agencies, personal property that is excess to the needs of the DOD and that theSecretary determines is suitable to be used by such agencies in law enforcement activities,with preferences for counter-drug / counter-terrorism or border security activities, under
such terms prescribed by the Secretary. The authorities granted to the Secretary of Defensehave been delegated to the Defense Logistics Agency ( DLA) in determining whether propertyis suitable for use by agencies in Law Enforcement Activities ( LEAs). DLA defines law
enforcement activities as activities performed by governmental agencies whose primary
function is the enforcement of applicable Federal, State, and local laws and whose
compensated law enforcement officers have powers of arrest and apprehension. This
program is also known as the " 1033 Program" or the " LESO Program" and is administered byDLA Disposition Services, Law Enforcement Support Office ( LESO).
3. GENERAL TERMS AND CONDITIONS
A. OPERATIONAL AUTHORITY
The Governor of the State of Georgia has designated in writing with an effective date of March23, 2011, to implement this program statewide as well as conduct management and oversight ofthis program. Funding / Budgeting to administer this program is provided by GeorgiaDepartment of Public Safety.
The provided funding is used to support assistance to the LEAs with customer service to include1
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computer/ telephone assistance and physical visits to the LEAs to assist with acquiring access tothe LESO Program. The staffing to provide the support to the LEAs within the State of Georgia isas follows:
State Coordinator( SC): Don Sherrod
State Point of Contact( SPOC): CPL Frank Mize
State Point of Contact( SPOC): S/ TFC3 Alan Willingham
State Point of Contact( SPOC): Donraiel Carlisle
The following is the facility/ physical location and business hours to provide customer service to
those LEAs currently enrolled, as well as interested participants of the LESO Program:
Agency Address/ Location: Georgia Department of Public Safety— Excess Property
959 E. Confederate Ave, SE
BLDG# 11
Atlanta, GA 30316
EMAIL/ Contact Phone Numbers: dsherrod@gsp. net /( 404) 624-7041
fmize@gsp. net /( 404) 624-7210
awillingham @gsp. net /( 404) 624-7205
dcarlisle@gsp. net /( 404) 624-7048
Fax Number: (404) 624-7055
Hours of Operation: 8:00am to 4:00pm
B. The DLA LESO has final authority to determine the type, quantity, and location of excess DODpersonal property suitable for law enforcement activities, if any, which will be transferred to theLee County Marshal' s Office.
C. This agreement creates no entitlement to the LEA to receive excess DOD personal property.
D. The Lee County Marshal' s Office understands that property made available under thisagreement is for the use of authorized program participants only. Property may not be obtainedfor any individual, organization, or agency that has not been approved as a participant in theLESO Program. All requests for property must be based on bona fide law enforcementrequirements. Property will not be obtained by any authorized participant for the purpose ofsale, lease, loan, personal use, rent, exchange, barter, transfer, or to secure a loan.
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E. Controlled property ( equipment) includes any property that has a demilitarization ( DEMIL)Code of B, C, D, F, G, and O. and property, regardless of demilitarization code, that was
specifically identified in the Law Enforcement Equipment Working Group Report fromMay 2015, created pursuant to Executive Order 13688 ( EO). The Working Group Report
mandates that the following items be treated as controlled property:
1) Manned Aircraft, fixed or rotary wing2) Unmanned Aerial Vehicles
3) Wheeled Armored Vehicles
4) Wheeled Tactical Vehicles
5) Command and Control Vehicles
6) Specialized Firearms and Ammunition Under .50 Cal ( excluded firearms and
ammunition for service- issued weapons)
7) Explosives and Pyrotechnics
8) Breaching apparatus9) Riot Batons
10) Riot Helmets
11) Riot Shields
F. LEAs that request items in Paragraph E above must provide all required information outlinedin the Law Enforcement Equipment Working Group Report and all information on the LESOrequest form. Among other specific requirements identified in these documents, LEAs will berequired to certify and submit:
1) A detailed written justification with a clear and persuasive explanation of the
need for the property and the law enforcement purposes it will serve;
2) Evidence of approval or concurrence by the LEA' s civilian governing body ( citycouncil, mayor, etc.);
3) The LEA' s policies and protocols on deployment of this type of property;
4) Certifications on required training for use of this type of property; and
5) Information on whether the LEA has applied, or has pending an application, for
this type of property from another Federal agency.
G. The Lee County Marshal' s Office must maintain and enforce regulations designed to impose adequatesecurity measures for controlled property to mitigate the risk of loss or theft.
H. Under no circumstances will controlled property be sold or otherwise transferred to non-U. S. persons, or exported. All transfers must be approved by the State and DLA DispositionServices LESO.
I. Cannibalization requests for controlled property must be submitted in writing to the State,with final approval by the LESO. The LESO will consider cannibalization requests on a case-
by-case basis.
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J. The LESO conditionally transfers all excess DOD property to States / LEAs enrolled in the
LESO Program. Title or ownership of controlled property will remain with the LESO inperpetuity and will not be relinquished to the LEAs. When the LEA no longer has legitimate lawenforcement uses for controlled property, the LEA must notify the State, who will then notify theLESO, and the controlled property must either be transferred to another enrolled LEA ( viastandard transfer process) or returned to DLA Disposition Services for disposal. The LESO
reserves the right to recall controlled and non-controlled property issued through the LESOProgram at any time.
K. Property with a DEMIL Code of "A" is also conditionally transferred to the LEA. However,
after one year from the Ship Date, the LESO will relinquish ownership and title to the LEA. Prior
to this date, the State and LEA remains responsible for the accountability and physical control ofthe item(s) and the LESO retains the right to recall the property. Title will not be relinquished toany property with DEMIL Code of" A" that is controlled property identified in Paragraph III E.
1) Property with DEMIL Code of "A" will automatically be placed in an archivedstatus on the LEAs property book upon meeting the one year mark.
2) Once archived, the property is no longer subject to annual inventoryrequirements and will not be inventoried during a LESO Program ComplianceReview (PCR).
3) Ownership and title of DEMIL " A" items that have been archived will pass
automatically from the LESO to the LEA when they are archived at the one yearmark( from Ship Date) without issuance of any further documentation.
4) LEAs receive title and ownership of DEMIL " A" items as governmental entities.Title and ownership of DEMIL " A" property does not pass from DOD to anyprivate individual or LEA official in their private capacity. Accordingly, such
property should be maintained and ultimately disposed of in accordance withprovisions in State and local law that govern public property. Sales or gifting of
DEMIL " A" property after the one year mark in a manner inconsistent with Stateor local law may constitute grounds to deny future participation in the LESOProgram.
L. The LEAs are not authorized to transfer controlled property or DEMIL Code " A" property
carried on their inventory without LESO notification and approval. Property will not physically
move until the State and LESO approval process is complete.
4. ENROLLMENT
A. An LEA must have at least one full-time law enforcement officer in order to enroll and/ orreceive property via the LESO Program. Only full-time and part-time law enforcement officersare authorized to receive property. Reserve officers are not authorized to receive property.
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B. The State shall:
1) Implement LESO Program eligibility criteria in accordance with 10 USC § 2576a,
DLA Instructions and Manuals, and the DLA MOA the State signs.
2) Receive and process applications for participation from LEAs currentlyenrolled and those LEAs that wish to participate in the LESO Program.
3) Receive and recommend approval or disapprove LEA applications for
participation in the LESO Program. The State Coordinators have sole discretion todisapprove LEA applications on behalf of the Governor of their State. The
LESO should be notified of any applications disapproved at the State Coordinatorlevel. The State Coordinator will only forward and recommend certified LEAs tothe LESO that are government agencies whose primary function is theenforcement of applicable Federal, State, and local laws and whose compensatedofficers have the powers of arrest and apprehension. The LESO retains final
approval / disapproval authority for all LEA applications forwarded by StateCoordinators.
4) Ensure LEAs enrolled in the LESO Program update the LEAs account informationannually (accomplished during the FY Annual Inventory in the Federal ExcessProperty Management Information System [ FEPMIS]).
5) Provide a comprehensive overview of the LESO Program to all LEAs once theyare approved for enrollment. This comprehensive overview must be done
within thirty ( 30) days and include, verbatim, the information contained inParagraph III E of this SPO.
6) Ensure that screeners of property are employees of the LEA. Contractors may
not conduct screening on behalf of the LEA.
7) Ensure that at least one person per LEA maintains access to the FEPMIS.Account holders must be employees of the LEA.
5. ANNUAL INVENTORY REQUIREMENTS
A. Per the DLA Instructions and Manuals and the DIA MOA, each State and participating LEA withinis required to conduct an annual inventory certification of controlled property, which includesDEMIL " A" for one ( 1) year from Ship Date. Annual inventories start on October 1 of each yearand end January 31 of each year.
B. The State shall:
1) Receive, validate, and reconcile incoming certified inventories from the LEAs.
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2) Ensure LEAs provide serial numbers and photos identified during the annualinventory process for inclusion in the LESO property accounting system for allcontrolled property identified in Paragraph Ill E, small arms and other uniqueitems as required. For equipment that does not contain a serial number, such asriot control or breaching equipment, a photograph will suffice.
3) Suspend the LEA as a result of the LEAs failure to properly conduct and/ or certifyand submit certified inventories, according to the aforementioned requirements.
C. The LEA shall:
1) Complete the annual physical inventory as required.
2) Provide serial numbers and photos identified in the annual inventory process forinclusion in the LESO property accounting system for all controlled propertyidentified in Paragraph Ill E, small arms and other unique items, as required. For
equipment that does not contain serial number, such as riot control or breachingequipment, a photograph will suffice.
3) Certify the accountability of all controlled property received through the LESOProgram annually by conducting and certifying the physical inventory. The LEA mustadhere to additional annual certification requirements as identified by the LESO.
a. The State and the LESO requires each LEA to submit certified inventoriesfor their Agency by October 31 of each year. The Fiscal Year( FY) is definedas October 1 through September 30 of each year. This gives the LEA one
1) month to physically inventory LESO Program property in theirpossession and submit their certified inventories to the State Coordinators.
1) The LESO requires a front or side and data plate photo forAircraft and Tactical Vehicles that are serial number controlled,
received through the LESO Program.
2) The LESO requires serial number photos for each small armreceived through the LESO Program.
b. The LEAs failure to submit the certified annual inventory by January 31 mayresult in the agency being suspended from operations within the LESOProgram. Further failure to submit the certified annual inventory mayresult in a LEA termination.
4) Be aware that High Profile Commodities (Aircraft, Tactical Vehicles and Small Arms)and High Awareness (controlled) property are subject to additional controls.
6. PROGRAM COMPLIANCE REVIEWS6
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A. The LESO conducts a Program Compliance Review ( PCR) for each State that is enrolled in theLESO Program every two ( 2) years. The LESO reserves the right to require an annual PCR, orsimilar inspection on a more frequent basis for any State. The LESO PCRs are performed in orderto ensure that State Coordinators, SPOCs and all LEAs within a State are compliant with theterms and conditions of the LESO Program as required by 10 USC § 2576a, DLA Instructions and
Manuals, and the DLA MOA signed by the State.
1) If a State and/ or LEA fails a PCR, the LESO will immediately suspend theiroperations and will subsequently issue corrective actions (with suspense dates)to the State Coordinator, which will identify what is needed to rectify theidentified deficiencies within the State and/ or LEA.
2) If a State and/ or LEA fails to correct identified deficiencies by the given suspensedates, the LESO will move to terminate the LESO Program operations within theState and/ or LEA.
B. The State shall:
1) Support the LESO PCR process by:
a. Contacting LEAs selected for the PCR review via phone and/ or email toensure they are aware of the PCR schedule and prepared for review.
b. Receiving inventory selection from the LESO. The LEA POCs shall gather theselected items in a centralized location to ensure that the LESO canefficiently inventory the items.
c. Providing additional assistance to the LESO as required, prior to and duringthe course of the PCR.
2) Conduct internal Program Compliance Reviews of LEAs participating in the LESOProgram in order to ensure accountability, program compliance and validateannual inventory submissions are accurate. The State Coordinator must ensure aninternal PCR of at least 5% of LEAs that have a property book from the LESOProgram within his/ her State is completed annually. This may result in a randomreview of all or selected property at the LEA.
a. The internal PCR will include, at minimum:
1) A review of each selected LEAs LESO Program files.
2) A review of the signed State Plan of Operation ( SPO).
3) A review of the LEA application and screener' s letter.
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4) A physical inventory of the LESO Program property at each selected
LEA.
5) A specific review of each selected LEAs files for the following:DD Form 1348-1A for each item currently on inventory, small armsdocumentation, transfer documents, turn- in documents, inventoryadjustment documents, exception to policy letters ( if any), approved
cannibalization requests ( if any), and other pertinent documentation
as required.
b. The State and/ or LEA will bear all expenses related to the repossessionand/ or turn- in of LESO Program property to the nearest DIA DispositionServices site.
7. STATE PLAN OF OPERATION ( SPO)
A. The State shall:
1) Identify, establish, and issue minimum criteria to be included in the SPO for theState and each participating LEA.
2) Establish a State Plan of Operation, developed in accordance with Federal andState law, and conforming ( at minimum) to the provisions of the DLA Instructionand Manuals and the DLA MOA.
a. The SPO will include detailed organizational and operational authority
including: staffing, budget, facilities, and equipment that the State believesis sufficient to manage the LESO Program within their State.
b. The SPO must address procedures for making determinations of LEAeligibility, allocation, and equitable distribution of material, accountabilityand responsibility concerning excess DOD personal property, inventory
requirements, training and education, State- level internal Program
Compliance Reviews ( PCR), and procedures for turn- in, transfer, and
disposal.
2) Enter into written agreement with each LEA, via the LESO approved State Plan ofOperation, to ensure the LEA fully acknowledges the terms, conditions, and
limitations applicable to property transferred pursuant to this agreement. The
State Plan of Operation must be signed by the Chief Law Enforcement Official8
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CLEO), or assigned designee of the respective LEA, and the current State
Coordinator.
3) Request that the LESO Suspend or Terminate an LEA( s) from the LESO Programwhen an LEA fails to comply with any term of DLA MOA, the DLA Instruction andManuals, any Federal statute or regulation, or the State Plan of Operation.
8. REPORTING REQUIREMENTS FOR LOST, MISSING, STOLEN, DAMAGED OR DESTROYED LESOPROGRAM PROPERTY
A. All property Lost, Missing, Stolen, ( LMS) damaged, or destroyed carried on a LEA' s current
inventory must be reported to the LESO.
1) Controlled property must be reported to the State and the LESO within twenty-four (24) hours. The aforementioned property may require a police and NationalCrime Information Center ( NCIC) report submitted to the LESO, to include DEMILA" items that are considered controlled items in Paragraph III E.
2) Property with a DEMIL Code of" A" must be reported to the State and the LESOwithin twenty-four( 24) hours.
3) All reports are subject to review by the DLA Office of the Inspector General ( OIG).
B. LESO may grant extensions to the reporting requirements listed above on a case- by-casebasis.
9. AIRCRAFT AND SMALL ARMS
A. All aircraft are considered controlled property, regardless of DEMIL Code. Aircraft may notbe sold and must be returned to the LESO at the end of their useful life. This State Plan of
Operation ensures that all LEAs and all subsequent users are aware of and agree to provide allrequired controls and documentation in accordance with applicable laws and regulations forthese items.
B. LEAs no longer requiring small arms issued through the LESO Program must requestauthorization to transfer or turn- in small arms. Transfers and turn- ins must be forwarded and
endorsed by the State Coordinator' s office first, and then approved by the LESO. Small Arms willnot physically transfer until the approval process is complete.
C. Small Arms that are issued must have a documented chain of custody, with the chain of
custody including a signature of the receiving officer indicating that he / she has received the
appropriate small arm( s) with the correct, specific serial number(s). Small Arms that are issued
to an officer will be issued utilizing an Equipment Custody Receipt ( ECR); this Custody Receipt
obtains the signature of the officer responsible for the small arm.
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10. RECORDS MANAGEMENT
The LESO, State Coordinator, and LEAs enrolled in the LESO Program must maintain all records inaccordance with the DLA Records Schedule. Records for property acquired through the LESOProgram have retention controls based on the properties DEMIL Code. All documents
concerning a property record must be retained.
1) Property records for items with DEMIL Code of" A" must be retained for two (2)calendar years from ship date, and then may be destroyed.
2) Property records for controlled property must be retained for five ( 5) calendaryears or for the life span of the property, whichever is longer.
3) Environmental Property records must be retained for fifty (50) years, regardlessof DEMIL Code (Chemicals, Batteries, Hazardous Material/ Hazardous Waste).
4) LESO Program files must be segregated from all other records.
5) All property records must be filed, retained, and destroyed in accordance with DLARecords Schedule. These records include, but are not limited to, the following:DD Form 1348- 1A, requests for transfer, turn- in, or disposal, approved Bureau ofAlcohol, Tobacco, Firearms and Explosives ( BATFE) Forms 10 and 5, Certificate ofAircraft Registration ( AC Form 8050-3), Aircraft Registration Application AC
8050- 1) and any other pertinent documentation and/ or records associated withthe LESO Program.
11. LESO PROGRAM ANNUAL TRAINING
A. 10 USC § 380 provides that the Secretary of Defense, in cooperation with the U. S. AttorneyGeneral, shall conduct an annual briefing of law enforcement personnel of each state. The
briefing will include information on training, technical support, equipment, and facilities that areavailable to civilian law enforcement personnel from the Department of Defense.
B. The State shall organize and conduct training pertaining to information, equipment, technicalsupport and training available to LEAs via the LESO Program.
C. The State shall ensure at least one representative ( i. e. the State Coordinator or SPOC) attendthe annual training that the LESO conducts.
12. PROPERTY ALLOCATION
A. The State Shall:
1) Provide the LESO website that will afford timely and accurate guidance,
information, and links for all LEAs who work, or have an interest in, the LESO
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Program.
2) Upon receipt of a valid State/ LEA request for property through the DLA DispositionServices RTD website, a preference will be given to those applications indicatingthat the transferred property will be used in the counter-drug, counter-terrorism, orborder security activities of the recipient agency. Additionally, to the greatest
extent possible, the State will ensure fair and equitable distribution of propertybased on current LEAs inventory and justification for property.
3) The State and the LESO reserve the right to determine and/ or adjust allocationlimits. Generally, no more than one of any item per officer will be allocated to anLEA. Quantity exceptions may be granted on a case- by-case basis by the LESO.Currently, the following quantity limits apply:
a. Small Arms: one ( 1) type for each qualified officer, full-time/ part-time;
b. HMMWVs: one ( 1) vehicle for every three (3) officers;c. MRAPs: one ( 1) vehicle per LEA.
4) The State and the LESO reserve final authority on determining the approval and/ ordisapproval for requests of specific types and quantities of excess DOD property.
B. The LEA shall:
1) Ensure an appropriate justification is submitted when requesting excess DODproperty via the LESO Program and will ensure LESO Program property will be usedfor the law enforcement activity and for law enforcement purposes only within his/her State and agency.
2) When requesting property, provide a justification to the State and the LESO on howthe requests for property will be used in counter-drug, counter-terrorism, or bordersecurity activities of the recipient agency. Additionally, the LEA should be fair andequitable when making requisitions based on current LEA inventory and thejustification for property. Generally, no more than one of any item per officer willbe allocated.
3) Ensure screeners of property are employees of the LEA. Contractors may not
conduct screening on behalf of the LEA.
4) Obtain access to FEPMIS to ensure the property book is properly maintained, toinclude but not limited to transfers, turn- ins, and disposal requests and to generatethese requests at the LEA level and forward all approvals to the State for action.
5) Ensure at least one person per LEA maintains access to FEPMIS. FEPMIS account
holders must be employees of the LEA.
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13. PROGRAM SUSPENSION & TERMINATION
A. The State and LEA are required to abide by the terms and conditions of the DLA MOA in orderto maintain active status.
B. The State shall:
1) Suspend LEAs for a minimum of sixty ( 60) days in all situations relating to thesuspected or actual abuse of LESO Program property or requirements and/ orrepeated failure to meet the terms and conditions of the DLA MOA. Suspension
may lead to TERMINATION.
2) The State and/ or the LESO have final discretion on reinstatement requests.Reinstatement to full participation from a suspension and/ or termination is notautomatic.
3) In coordination with the LESO, issue corrective action guidance to the LEA withsuspense dates to rectify issues and/ or discrepancies that caused suspensionand/ or termination.
4) Require the LEA to submit results regarding all completed police investigationsand/ or reports regarding lost, missing, stolen and/ or damaged LESO Program
property, to include the LEAs Corrective Action Plan ( CAP).
5) Suspend or terminate an LEA from the LESO Program if an LEA fails to comply withany term of the DLA MOA, the DLA Instruction and Manuals, any Federal statute orregulation, or the State Plan of Operation.
a. In the event of an LEA termination, the State Coordinator will make everyattempt to transfer the LESO Program property of the terminated LEA to anauthorized State or LEA, as applicable, prior to requesting a turn- in of theproperty to the nearest DLA Disposition Services location.
b. In cases relating to an LEA termination, the LEA will have ninety (90) days tocomplete the transfer or turn- in of all LESO Program property in theirpossession.
C. The LEA shall:
1) Notify the State Coordinator' s office and initiate an investigation into anyquestionable activity or actions involving LESO property issued to the LEA thatcomes to the attention of the CLEO, and is otherwise within the authority of theGovernor/ State to investigate. LEAs must understand that the State Coordinators,
acting on behalf of their Governor, may revoke or terminate their concurrence forLEA participation in the LESO Program at any time, and for any reason.
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2) Understand that the State may suspend LEA( s) and/ or LEA POC( s) from within theirState, based upon their findings during internal Program Compliance Reviewsand/ or spot checks at the State level.
3) Initiate corrective action to rectify suspensions and/ or terminations placed upon theLEA for failure to meet the terms and conditions of the LESO Program.
4) Be required to complete and submit results regarding all completed policeinvestigations and/ or reports regarding lost, missing, stolen and/ or damaged LESOProgram property. The LEA must submit all documentation to the State and theLESO upon receipt.
5) Provide documentation to the State and the LESO when actionable items arerectified for the State and/ or LEA( s).
6) The LEAs Chief Law Enforcement Official must request reinstatement as required,via the State Coordinator or SPOC( s), to full participation status at the conclusion ofa suspension period.
14. COSTS& FEES
All costs associated with the transportation, turn- in, transfer, repair, maintenance, insurance,disposal, repossession or other expenses related to property obtained through the LESO Programis the sole responsibility of the State and/ or LEA.
15. NOTICES
Any notices, communications, or correspondence related to this agreement shall be provided byE- mail, the United States Postal Service, express service, or facsimile to the State Coordinatorsoffice or cognizant DLA office. The LESO may, from time to time, make unilateral modificationsor amendments to the provisions of this SPO. Notice of these changes will be provided to State
Coordinators in writing. Unless State Coordinators take immediate action to terminate thisSPO in accordance with Section XVIII, such modifications or amendments will become binding.In such cases, reasonable opportunity will, insofar as practicable, be afforded the State
Coordinator to conform changes affecting their operations.
16. ANTI- DISCRIMINATION
A. By signing this SPO, or accepting excess DOD personal property under this SPO, the Statepledges that it and each LEA agrees to comply with applicable provisions of the followingnational policies prohibiting discrimination:
1) On the basis of race, color, or national origin, in Title VI of the Civil Rights Act of1964 (42 USC 2000d et seq.) as implemented by DOD regulations 32 CR Part 195.
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2) On the basis of age, in the Age Discrimination Act of 1975 ( 42 USC 6101, et seq) asimplemented by Department of Health and Human Services regulations in 45 CFRPart 90.
3) On the basis of handicap, in Section 504 of the Rehabilitation Act of 1973, P. L. 93-112, as amended by the Rehabilitation Act Amendments of 1974, P. L. 93-516 (29USC 794), as implemented by Department of Justice regulations in 28 CFR Part 41and DOD regulations at 32 CFR Part 56.
B. These elements are considered the minimum essential ingredients for establishment of asatisfactory business agreement between the State and the DOD.
a. Assure that all weapons are registered with the U. S. Department of Justice, Bureau of Alcohol,Tobacco, Firearms and Explosives. See the Definitions section of the BATFE Form 10 and 5 forinstructions, http:// www.atf.eov/ forms/ pdfs/ f532010.pdf. Recipients must comply with all
applicable firearm laws and regulations. Report all stolen or unaccounted for weapons to LESO
through the State Coordinator not later than twenty four ( 24) hours after the incident hasoccurred. The LEA must provide a weapon POC on all data sheets. All weapon transfers betweenLEAs must be approved by the LESO before it is completed. LEA must maintain an approved copyof the ATF Form 10 or 5 for all weapons received.
17. INDEMNIFICATION CLAUSE
The State / LEA is required to maintain adequate insurance to cover damages or injuries topersons or property relating to the use of property issued under the LESO program. Self-insuranceby the State / LEA is considered acceptable. The U. S. Government assumes no liability for
damages or injuries to any person( s) or property arising from the use of property issued under theLESO program. It is recognized that State and local law generally limit or preclude StateCoordinators/ LEAs from agreeing to open- ended indemnity provisions. However, to the extent
permitted by State and local laws, the State / LEA shall indemnify and hold the U. S. Government
harmless from any and all actions, claims, debts, demands, judgments, liabilities, cost, andattorney' s fees arising out of, claimed on account of, or in any manner predicated upon loss of,or damage to property and injuries, illness or disabilities to, or death of any and all personswhatsoever, including members of the general public, or to the property of any legal or politicalentity including states, local and interstate bodies, in any manner caused by or contributed to bythe State / LEA, its agents, servants, employees, or any person subject to its control while theproperty is in the possession of, used by, or subject to the control of the State / LEA, its agents,
servants, or employees after the property has been removed from U. S. Government control.
18. TERMINATION
A. This SPO may be terminated by either party, provided the other party receives thirty (30)14
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days' notice, in writing, or as otherwise stipulated by Public Law.
B. The undersigned State Coordinator and CLEO hereby agree to comply with all provisions setforth herein and acknowledge that any violation of the terms and conditions of this SPO may begrounds for immediate termination and possible legal consequences, to include pursuit ofcriminal prosecution if so warranted.
19. The LEA shall:
a. Maintain a current sign out roster for all weapon issued out to your officers by serial number.You must have a signature for each weapon that you issue out.
b. Maintain a current sign out roster for all control property( DEMIL B through Q), which is issued.
c. Identify in your justification the used in counterdrug/ counterterrorism activities/ Law
Enforcement activities.
d. LEAs enrolled in the State 1033 Program must maintain a copy of the State Plan of OperationSPO).
e. LEAs must be aware of their responsibilities under the Single Audit Act of 1984, as amended ( 31U. S. C. 7501-7).
f. Conduct periodic reviews to include physical inventory/ spot checks of actual property and relatedrecords. Ensure compliance with applicable SPO.
g. Ensure serial/ tail numbers are provided to the State Coordinator on items such as Night Vision,Peacekeepers/ Armored Personnel Carriers( APCs), Aircraft, Watercraft and Weapons.
h. Submit requests for property returns ( turn- ins to a DLA Disposition Services) through FEPMIS,Change of Status. Note: Costs of shipping or repossession of the property by the U. S.Government will be borne by the LEA.
i. Submit disposal, through FEPMIS, Change of Status.
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j. Submit transfer, through FEPMIS, Modify. Except weapons and aircraft, this is done by email toState Coordinator.
k. Receipt all property issued, in FEPMIS, with 24hours of receipt of the property. If property is notreceipted, LEA will be suspended until all property has been receipted.
I. Submit copies of DD Form 1348' s on all property once you have pick it up from Defense LogisticsAgency( DLA) Disposition Services, within seven ( 3) days of receipt.
m. You are required to take three ( 3) photos of all vehicles with a DEMII code B- Q. and DEMIL AControlled property. Photos must be of the front, left side and data plate. When sending in thephotos, please make sure the DTID is identified in the file name of the photo.
n. Suspend or terminate an LEA if an LEA materially fails to comply with any term of this MOA, anyFederal stature or regulation, or any assurance provided in the MOA.
o. All designated POC must attend all training requirements as required in order to participate in the1033 program.
p. Contact the State Coordinator, in writing, not later than 30 days prior, when property
accountable officer changes.
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20. IN WITNESS THEREOF, the parties hereto have executed this agreement as of the last datewritten below.
AGENCY: Lee County Marshal' s Office DODAAC: 2YTO5F
PHYSICAL ADDRESS( No P. O. Box): 102 Starksville Ave. North
MAILING ADDRESS( If different than above):
CITY: Leesburg STATE: Ga. ZIP: 31763
EMAIL: [email protected]. us PHONE: ( 229)344-8034( cell) FAX: ( 229)- 759-6032
NUMBER OF COMPENSATED OFFICERS WITH ARREST AND APPREHENSION AUTHORITY:
Full-Time: 2 Part-Time: 0 Narcotics: 0 Tactical: 0 Anti-Terrorism: 0
By signing this application, the Chief Executive Official/ Head of Agency is aware of 1208/ 1033 Property currentlyin the possession of their department.
Upon acceptance into the 1033 Program, I understand that I have 30 days to familiarize myself with the StatePlan of Operation and all 1033 Program guidance that is provided by the State Coordinator and that by signing, I
certify that all information contained above is valid and accurate.
IN WITNESS THEREOF, the parties hereto have executed this agreement as of the last date written below...
t//
s4--.State Coordinator Signature) LE hief Executive nature)
Don Sherrod, Excess Property Director Jim Wright, Chief County Marshal
Type/ Print Name and Title) Type/ Print Name and Title)
6/ 3/ 2016
Date) Date)
SCREENER( S)/ FEPMIS POC: MUST HAVE AT LEAST ONE( Weapons, Aircraft and Vehicle POC' s are not screeners)
MAIN POC: Designated POC for calls and emails on 1033 Program requests and property pickup
C eck which applies Type/ Print Name Email address/ Phone Signature
CREENER/ MAIN POC Jim Wright lwright @Iee. Ra. us
FEPMIS Jim Wright
CREENER/ POC# 2
FEPMIS
CREENER/ POC# 3
FEPMIS
CREENER/ POC# 4
FEPMIS
WEAPON POC
AIRCRAFT POC
VEHICLE POC Jim Wright [email protected]. us
17
Version May, 2016 81
LEE COUNTYBoard of Commissioners
One of the first original counties of Georgia— Established in 1825
June 6, 2016
MEMO
TO: Christi Dockery, Mike Sistrunk
FROM: Rick Muggridge
RE: Courthouse Centennial Celebration— Committee Appointments
On February 23, 1917 seven bids were received for the construction of the new courthouse near the railroad. Thelowest bid was$ 57,960 but this was so much in excess of the designated$ 40,000 budget that all bids were rejected.It was rebid and in May and the successful bidder was R.W. Wimbush& Co. with a bid of$41, 721. The new bid
was accepted and dedication ceremonies were held on July 5, 1917; according to the Lee County History Book.
The Board of Commissioners will be considering a bid for the exterior renovations of the courthouse as of June2016. These renovations are scheduled to be completed by June 30, 2017. Interior renovations include but not
limited to the upgrade of the downstairs courtroom, Wi-Fi accessibility, painting throughout the entire courthouse,
new carpeting and handicap accessibility for the offices of Superior Court, Probate Court, Sheriff and Department ofJuvenile Justice.
Staff recommends appointing a committee to beginning planning for the Courthouse Centennial Celebration for July2017. In addition, the Board can approve a budget line item for this celebration.
Lee County is a thriving, vibrant community celebrated for its value of tradition encompassing a safe family oriented community, schools ofexcellence, and life long opportunities for prosperity and happiness without sacrificing the rural agricultural tapestry.
Chairman Vice Chairman Commissioner Commissioner Commissioner Co- Interim Co- Interim County Attorney
Rick Muggridge Dennis Roland Luke Singletary Greg Frich Billy Mathis County Manager County Manager Jimmy Skipper
District 4 District 1 District 2 District S District 3 Mike Sistrunk Christi Dockery
110 Starksville Avenue NorthOffice:( 229) 759-6000
Leesburg, Georgia 31763Fax:( 229) 759-6050
www. lee. ga. us
82
MEMORANDUM
LEE COUNTY BOARD
OF COMMISSIONERS
LEE COUNTYLife works well here.
TO: Honorable Board of County Commissioners
SUBJECT: ACCG Renewal for Property& Liability Insurance Coverage
MEETING DATE: Tuesday, June 14, 2016
MOTION/ RECOMMENDATION
Consideration to approve ACCG renewal of Property and Liability Insurance coverage.
BACKGROUND
Lee County' s current limit for Liability Coverage is $ 1, 000,000 and staff recommends increasing
limits to $ 2,000,000 — additional annual cost $ 14,278. Please see attached IRMA contribution
break-down by department for cost allocation. The current proposed budget is $ 390,000 whichincludes $22,000 for Life, Property and Liability Insurance.
ATTACHMENTS
1. ACCG-IRMA Renewal Proposal Summary2. ACCG-IRMA Contribution Breakdown
83
t
191 Peachtree Street M E
Suite 7G0
Atlanta. GA 30303
1r1St., S p 800.858. 2224 f 404 522. 1897accg.org
May 31, 2016
The Honorable Rick Muggridge, Chairman
Lee County110 Starksville Avenue North
Leesburg, GA 31763
Attention: The Honorable Rick Muggridge, Chairman
Attached is a summary of the ACCG — Interlocal Risk Management Agency (ACCG- IRMA) renewal for theproperty and liability insurance coverage provided to your organization for the coverage period July 1, 2016through July 1, 2017. The entire renewal packet, Contribution Worksheet, invoice and a copy of this letter havebeen provided to the person copied on this letter. This includes an overview of the coverage and services
provided by the ACCG- IRMA, a list of your fellow members, and a service contact list.
This marks our 30th year of providing insurance and risk management services for Georgia countygovernments. The structure of the ACCG- IRMA is designed to insulate the membership from the cycles of thecommercial insurance market, which helps provide stability for county government budgets. Please notehowever, an individual member's renewal contribution may vary based upon the member's particular exposureincreases/decreases as well as its loss experience.
On behalf of the ACCG- IRMA Board of Trustees, I am very pleased to inform you that the Boarddeclared a dividend of$ 2,750, 000 at its May 9, 2016 meeting. This brings the total dividends returnedto the ACCG- IRMA membership to $25.4 million. The fund has always operated conservatively, which hasserved the membership well, especially during the current economic conditions. We are pleased to return
dividends during times when our county government membership needs it the most.
The ACCG- IRMA has the ability to return dividends to its members because it is a member-owned and non-profit organization. Since its creation in 1987, the ACCG- IRMA has grown from its original 14 members to itscurrent membership of 163 and has become a very financially strong program. As stated in the March 31,
2016 ACCG- IRMA financial statement filed with the Georgia Insurance Commissioner's office, it had assets of118 million. While all insurance organizations must maintain a sufficient level of surplus to assure adequate
funding, excess surplus may be returned to the membership. The ACCG- IRMA Board, its consultants andfinancial advisors believe that the ACCG- IRMA's healthy financial position allows for the prudent distribution ofanother dividend with this renewal.
This year, the dividends are derived from non- required surplus funds developed from the coverage periodsOctober 1, 2003 through September 30, 2007. The $ 2,750, 000 dividend will be returned in the form ofdividend credits on the contribution requirement for the term beginning July 1, 2016 for those members whohave had continuous membership in the program since the October 1, 2006 - 2007 coverage period.Your share of the dividend is $ 35,057. Enclosed is a press release should you decide to publicize thisinformation.
In addition to long- term cost savings through dividends, the ACCG- IRMA provides members with a stablesource of broad insurance coverage, comprehensive loss control services and dedicated, professional claimsservices. Because the ACCG—IRMA operates solely for its members, it can provide specialized property andliability insurance coverage and services in a cost-efficient and highly effective manner.
HR Legal Service
ACCG- IRMA introduced a new tool for its members earlier this year—an HR Legal Service designed to
help counties handle difficult employment situations. The member's appointed HR Liaison or themember's public officials or attorney may consult employment law specialists at O' Quinn & Cronin to seek
assistance when needed at no additional cost to the member.
Insuring Georgia' s Counties.84
Page 2
May 31, 2016
Cyber Risk Coverage
The ACCG- IRMA Coverage Agreement provides$ 1, 000,000 in coverage for each member for liabilities arising outof the actual or reasonable suspected release of private or confidential data or a violation or failure of the securityof the member' s computer system. This year, we have expanded the coverage provided for regulatorypenalties, event management, notification of affected parties and remediation. Higher limits are available
upon request for an additional contribution. More details are provided under the Coverage& Limits section of this
proposal.
Flood and Earthquake Coverage
The ACCG- IRMA provides limited Flood and Earthquake protection to you as noted in the Coverages and Limitssection of this proposal. Higher limits may be available upon request for an additional cost.
Note that any property located in a Special Hazard Zone for Flood ( Zones A or V) must be properly identified assuch on the enclosed Statement of Values or Flood coverage will be excluded for that particular location. Thoselocations in Special Hazard Zones have a deductible of$ 500,000 per building and $ 500, 000 contents before theFlood coverage provided by the ACCG- IRMA will apply, and coverage will be sub- limited to $ 1, 000, 000 per
Occurrence and Aggregate for these locations. ( Your standard property deductible applies for all other coveredlocations.) Upon written request from you, our administrator, Marsh, may arrange coverage through the NationalFlood Insurance Program ( NFIP) to satisfy the ACCG- IRMA deductible requirements for locations in SpecialHazard Zones. Should you have particular concerns about any of your locations' flood zones, how theseprovisions affect you, how to obtain a quote and coverage from NFIP ( if necessary), or the cost to increase yourlimits, please call 1 ( 800) 295-8179 or( 404) 995- 3607.
Contribution Worksheet- Deductible and/or Coverage OptionsIt is imperative you return the Contribution Worksheet by July 1st via fax or regular mail to Glenda
Williams at MARSH. Please note on the Contribution Worksheet that we may have offered deductible options inaddition to options for higher limits of liability insurance. The costs of these options are shown on the Worksheet.If you elect to change your deductible(s) or your liability limits, please circle the option(s) you desire. If aclaim occurs after the new coverage period begins and before we receive notice of a change in deductible and/orlimits, last year's deductible and/or limits will apply.
Payment is due upon receipt. If you opt for any changes in your deductibles, limits or coverage, we will invoice youfor the difference upon receipt of your completed Contribution Worksheet.
Safety Discount
Many ACCG- IRMA members who met specified loss control requirements will receive a discount on their renewalcontribution. If you qualified for this discount, the amount of the discount is shown on the Contribution Worksheetand the invoice. We appreciate those members who have taken advantage of this initiative designed to furtherencourage the members in the reduction and mitigation of property and liability losses.
On behalf of the ACCG—IRMA Board of Trustees and the ACCG- IRMA team, we express our appreciation for yourcontinued support of the ACCG Insurance Programs. The success of the programs is directly attributable to yourentity's long-term commitment to its membership.
Sincerely,
670#VZ:
David C. Uhlman, CPCUDirector of Property& Casualty Insurance Programs
cc: Ms. Christi Dockery, County Clerk
85
ACCG- IRMA
Renewal Proposal SummaryJuly 1, 2016 to July 1, 2017
Member: Lee CountyCOVERAGE AVAILABLE THROUGH ACCG-IRMA
General Liability Automobile Liability Equipment Breakdown
Law Enforcement Liability( LEL) Automobile Physical Damage Crime& Cyber
Public Officials Liability( POL) PropertyDEDUCTIBLES AND CONTRIBUTIONS
Unless noted otherwise, your deductible(s) will be the same as expiring and as noted in the Coverages& Limits
section of this proposal.
Renewal Proposal Contribution
Renewal Contribution: 396, 964
Less Safety Credit: 10, 000)
Less Dividend Credit: 35,057)
Net Contribution Due: 351, 907
The deductible will apply to all losses and all lines of coverage subject to a maximum of one deductible for all claims arising from a single loss. Forscheduled properties in Special Hazard Zones for Flood, the deductible is the maximum limit available under the National Flood Insurance Program or ifunavailable,$ 500, 000 for building or structure and$ 500,000 contents. Highest applicable deductible will apply.
ADDITIONAL LIMITS OF LIABILITY COVERAGE
Your Limit for Liability Coverage( Included in Contribution Above): 1, 000,000
Note that these are the limits you chose last year.With $ 1, 000,000 on Auto Liability
Your liability limits may be increased in increments of$ 1, 000,000.We have provided the cost of any additional limits below.
If Automobile Liability is specifically itemized in Your Limit ofLiability Coverage above, that limit will remain the same even ifyou increase the other liability limits.)
Option Additional Annual Cost
Increase Limits to$ 2,000,000 14,278
Increase Limits to$ 3,000,000 19,447
Increase Limits to$ 4,000,000 22, 528
Increase Limits to$ 5, 000,000 25,344
For those members buying a General Liability limit of $4,000,000 or more, liability arising out of dams which areeither 25 ft. or more in height or have an impounding capacity of 50 acre ft. or more will be limited to$ 3,000, 000 peroccurrence unless underwriting requirements are met and the ACCG- IRMA Coverage Agreement is endorsed.Should you have questions about coverage on a particular dam, please call Marsh, the ACCG- IRMA Administrator,at 1- 800-295-8179.
Printed: 31- MAY-2016
86
S! MARSHMarsh USA Inc.
3560 Lenox Road Suite 2400Atlanta, GA 30326800 295 8179/ 404 995 3607Fax: 404 760 5725
accg.admin@marsh. com
May 31, 2016
Ms. Christi Dockery, County ClerkLee County110 Starksville Avenue North
Leesburg, GA 31763
Attention: Ms. Christi Dockery, County Clerk
Subject: ACCG- IRMA Contribution Breakdown
Several ACCG- IRMA members have asked us for assistance in breaking down the IRMA contribution bydepartment for cost allocation purposes. There are numerous acceptable ways of effectively allocatingthe contribution to the various departments within your county. We have developed one method that willallow you to customize your contribution breakdown according to your county's specific needs. We
have attempted to simplify the allocation process due to the many factors that go into the renewalpricing, so that you can easily allocate the contributions as you see fit.
We have provided a standard exposure basis for each of the coverage areas below as well as theexposures you recently provided to us for the renewal. Also provided is the percentage of contributionfor each category as it relates to your total contribution. Based on this percentage and the exposures
within that category, we have developed an estimated allocated cost per unit for the deductiblepurchased in the previous coverage period. ( If the county chooses a different deductible for the renewalcoverage period, you can pro- rate these costs accordingly). In order to calculate a specific department's
share of the contribution for a particular category, multiply their portion of the total exposure by theallocated cost per unit. In the case of the first category, we suggest that you incorporate an exposurefor the volunteer firefighters; we have included in the suggested allocated cost per unit a payroll of
4,343 per volunteer.
Coverage Exposure Basis Total Exposures Cost Per Unit % of Contribution
General Liability, Law Payroll
Enforcement Liability, Per$ 100) 10, 640, 335 1. 31
Public Officials Liability35%
and Crime
Automobile Liability of Vehicles 212 532.02 28%
Auto Physical Damage # of Vehicles 198 390. 33 19%
Property, Boiler& Total Insurable
Machinery Values 49,526, 364 0. 14 17%
Per$ 100)
Total Contribution396,714
Excess Liability( if applicable) 250
Safety Credit( if applicable) 10, 000
Dividend Credit( if applicable) 35,057
MARSH& McLENNAN
SCLUTIONS... DEF NED, DESIGNED, AND DELIVERED, 11110 COMPANIES
87
Page 2
May 31, 2016
As an example for the first coverage category. if the Road Department has payroll of$ 1, 000,000and an allocated cost per unit for Liability is$ 2.2, you would calculate their portion of thecontribution as follows:
1, 000,000/$ 100 Per Payroll x $ 2.2 = $ 22,000
On the Auto Liability and Physical Damage, for example, if the Road Department has 10 vehicles and anallocated cost per unit is$ 360, you would calculate their portion of the contribution as follows:
10 Vehicles x $ 360 = $ 3, 600
For the Property and Boiler& Machinery coverage, if the Road Department has$ 2,000, 000 in totalinsurable values according to the ACCG- IRMA Statement of Values form and an allocated cost per unitof$. 094, you would calculate their portion of the contribution as follows:
2, 000,000/$ 100 PerTIV x . 094 = $ 1, 880
As for the Excess Liability that your county may have purchased, since the coverage applies excessover your General Liability, Public Officials Liability, Law Enforcement Liability and Auto Liabilitycoverages, you could allocate the same proportion of the Excess Liability to each of the departments.For instance, if the Road Department is responsible for 20% of the General Liability, Public Officials
Liability, Law Enforcement Liability and Auto Liability contributions according to the above cost allocationprocess, they would pay 20% of the Excess Liability contributions. The same principal could apply to theSafety and Dividend Credits, if you received them for this Coverage Period, and you would like itcredited to each of the departments.
Of course, if you have any questions about how to work with this suggested format or if you have anyother questions about the allocation of costs, please give me a call. As always, we appreciate yourmembership in the ACCG- IRMA and look forward to working with you in the coming year.
Sincerely,
14: 3'"""
l 'Maggie Gocke
Marsh, ACCG- IRMA Administrator
cc: Mr. David Uhlman, ACCG
ACCG- IRMA Contributions by CoverageGeneral Liability
38,337
Law Enforcement Liability54, 958
Public Officials Liability36,960
Automobile Liability112, 789
Automobile Physical Damage 77,285
Property62,339
Boiler& Machinery4,738
Crime9,308
Total Primary Contribution396,714
Excess Liability Contribution 250
Less Safety Credit 10,000
Less Dividend Credit35,057
Net Contribution Due351, 907
88
lib. 41MEMORANDUM
LEE COUNTY BOARD OFCOMMISSIONERS
LEE COUNTYLife works well here.
TO: Honorable Board of County Commissioners
SUBJECT: Hazard Mitigation Property Leases: 100/ 109 Creekside Place474 Creekside Drive
MEETING DATE: Tuesday, June 14, 2016
MOTION/ RECOMMENDATION
Consideration to approve leasing the properties described above to the adjacent propertyowners, Toby and Frank Cox and approve the attached Resolution and Lease Agreements.Lessee has provided a copy of their home owners insurance.
BACKGROUND
The County purchased property that was flooded during 1994 through GEMA and FEMA' sHazard Mitigation Grant Program. These properties are located in residential areas. After theproperties were acquired, the County, with the financial assistance from GEMA and FEMA,demolished all of the improvements on the properties.
Since the County owns the properties in perpetuity, the County must now maintain them ( i.e.mow, stop illegal dumping, repair erosion problems, etc.). County staff contacted FEMA andGEMA to determine if the properties can be leased to the adjoining property owners. GEMAand FEMA agreed to allow the County to lease the properties to the adjacent property owner(s)under the same restrictions the County is under.
County staff has also checked each lot to ensure that all leased lots are in compliance with theGEMA and FEMA regulations. The following page indicates which property will be leased.
ATTACHMENTS
1. Resolution
2. Lease Agreements
89
RES. #2016-
RESOLUTION
AUTHORIZING LEASE OF CERTAIN REAL PROPERTYACQUIRED BY THE COUNTY PURSUANT TO THE
HAZARD MITIGATION GRANT PROGRAM
WHEREAS, the Board of Commissioners of Lee County has acquired title to certain real
property under the Hazard Mitigation Grant Program, authorized by Section 404 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act of 1988, Public Law 93- 288, as amended,
the funds to acquire such property being federal funds obtained pursuant to such grant program;
and
WHEREAS, the conditions of such grant, and the conditions imposed upon the County in
taking title to said lots, provide that the premises shall only used for purposes consistent with open
space, recreational, or wetlands management purposes, that no future disaster assistance for any
purpose from any federal source will be sought or provided with respect to the property, and that
there shall not be erected on the premises any new structures or other improvements other than a
restroom or a public facility that is open on all sides and functionally related to open space uses;
and
WHEREAS, the County does not have sufficient funds in its operating budget, nor the
manpower, to keep the lots clean; and
WHEREAS, the County has been approached by several of the bounding landowners to
these lots requesting that the County lease such lots to the bounding landowners for uses
consistent with the limitations placed upon the lots at the time the County purchased same, as
more particularly set out above; and
A
90
RES. # 2016-
WHEREAS, such County property, from the standpoint of the County, is unserviceable as
provided in O.C.G.A. 550-16- 144, and is hereby declared unserviceable; and
WHEREAS, Georgia law authorizes the granting of a usufruct in the property pursuant to
a Lease Agreement for the purposes herein set out; and
WHEREAS, the lots to which this Resolution applies are more particularly described on
Exhibit" A" hereto; and
WHEREAS, a form of the Lease Agreement to be utilised in connection with such leases
is attached to this Resolution as Exhibit` B" hereto; and
WHEREAS, it is deemed in the best interest of the County and its citizens to authorize the
granting of the usufructs through the use of the Lease Agreements attached as Exhibit` B" to the
lots described on Exhibit" A."
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Lee
County, Georgia, and it is hereby resolved by authority of the same, as follows:
1. That the property described on Exhibit" A" will be leased to the proposed Lessees
named on Exhibit" A" under the terms and conditions of that certain form Lease Agreement
attached hereto as Exhibit` B," which form is hereby approved.
2. That the Chairman of the Board of Commissioners and the County Clerk of the
Board of Commissioners are authorized to properly execute, seal, and deliver said Lease
Agreements to said Lessees in accord with the terms and conditions of this Resolution upon the
payment of the consideration set out in the Lease Agreements.
3. That, so long as any Lease Agreement entered into pursuant to this Resolution is
not sooner terminated based upon a default of the Lessee thereunder, the County Administrator is
B
91
RES. #2016-
directed to present an updated status report on each of the properties to the Board at the first
meeting in January of each year so that the Board, at that time, may consider whether or not to re-
authorize such Lease Agreements for an additional term.
SO RESOLVED, this day of 2016
BOARD OF COMMISSIONERS
OF LEE COUNTY, GEORGIA
BY:
Rick Muggridge, Chairman
A1T ST:
Christi Dockery, Clerk
C
92
LEASE AGREEMENT
This lease, made this_ day of 2016 by and between The Board of Commissioners ofLee County, Georgia, a political subdivision, hereinafter referred to as " County", and Toby and Frank Cox,
105 Creekside Place, Leesburg, GA 31763, hereinafter referred to as " Lessee".
WITNESSETH:
For and in consideration of the rents, covenants, agreements, and stipulations hereinafter mentioned, theCounty does hereby lease the following described land located at 100 Creekside Place Lessee:All that tract or parcel of land lying and being in the County of Lee, State of Georgia, and more particularlydescribed as follows:
All of Lot 13 of Kinchafoonee Kamps Subdivision, according to a map or plat of said Subdivision as recordedin Plat Book B, Page 25, in the Office of the Clerk of Superior Court, Lee County, GA.
1) Lessee shall have and hold the previously described land beginning on 2016 and
extending to December 31, 2017, at midnight, unless terminated or extended as provided in this LeaseAgreement. The county shall deliver the property to the Lessee in good condition mutually agreed byboth parties.
2) Notwithstanding the foregoing, this Agreement shall continue in full force and effect for successive one1) year annual terms, commencing on January 1st of each subsequent year and concluding on
December 31st of each subsequent year, so long as neither party gives written notice to the other partyat least sixty ( 60) days prior to December 31 of any year in which this Agreement is in effect that suchparty giving such notice intends to terminate this Agreement as of December 3V of such year;provided, however, that this Agreement shall not be automatically extended for more than five ( 5)consecutive one ( 1) year terms, including the one ( 1) year term authorized in Paragraph 1 hereof.
3) Lessee has paid the County the sum of$ 1. 00 and other valuable consideration representing payment infull during the entire term of this lease agreement and any lease extension.
4) The leased land shall be used specifically in accordance with all state, federal, and local laws andregulations and for no other purposes whatsoever. The leased land shall not be used for any illegal
purposes, or in any manner to create any nuisances or trespass. Further conditions on the use of the
property by Lessee are as follows:
a) The leased land shall only be used for purposes consistent with open spaces, recreational, or wetlandsmanagement purposes ( as defined in Title 44, Code of Federal Regulations, part 206.434 as it appearsnow or may hereinafter be amended) in perpetuity.
b) No further disaster assistance for any purpose from any federal source will be sought or provided withrespect to the leased land.
c) There shall not be erected on the leased land any new structures or other improvements other thanrestrooms, or a facility that is open on all sides and functionally related to open space uses.
193
5) Lessee shall not abandon or vacate the leased land during any term of this Lease Agreement and shalluse the land only for the previously mentioned purposes until the expiration of the final lease term.The Lessee shall retain any improvement made on the leased land in accordance with Section 4( C).
6) Lessee agrees to, and hereby does, indemnify and hold harmless the County against all claims fordamages to persons and / or property by reason of the Lessee' s use or occupancy of the leased land. Inaddition, the Lessee agrees to pay all expenses incurred by the County in defending itself from suchclaims including all attorney fees and court costs. The Lessee shall also provide proof to the County
that the leased land is covered under homeowner insurance at the time of execution of the LeaseAgreement.
7) This Lease Agreement shall not constitute the relationship of landlord and tenant between the parties,no estate shall pass out of the County as a consequence of the execution and delivery of this LeaseAgreement, and there is only created by the terms hereof a mere usufruct as defined by Georgia law.Lessee has only the right to use the leased land according to the terms contained in this lease agreement,which right is not subject to levy and sale.
8) If Lessee remains in possession of the leased land after the expiration of the lease term, with theCounty' s acquiescence and without any express agreement between the parties, the Lessee shall be atenant at will, and there shall be no renewal of the lease by operation of law.
9) Lessee shall not assign this lease or any interest hereunder or sublet the leased land or any part of it, orpermit the use of the leased land by any other party other than the Lessee.
10) IT IS MUTUALLY AGREED that in the event the Lessee default in any of the provisions containedherein and fails to cure said default within five ( 5) calendar days after the County gives Lessee writtennotice, the County, at its option, may at once terminate this Lease Agreement by written notice toLessee, thereupon the lease shall terminate.
11) IT IS MUTALLY AGREED that this Lease Agreement is contingent upon the Lessee maintaining feesimple ownership of the real estate immediately across the street of the subject property. Should Lesseefail to maintain ownership of the property, as Lessee' s name now appears on this Lease Agreement, theLease Agreement will automatically terminate.
12) This lease Agreement contains the entire agreement between the parties, and no representation,inducement, promises, or agreements, oral or otherwise, between the parties, not contained herein, shallnot be of any force or effect.
IN WITNESS WHEREOF, the parties herein have set their hands and seal this day of
2016.
BOARD OF COMMISSIONERS
OF LEE COUNTY, GEORGIA
By:Unofficial Witness
Rick Muggridge, Chairman
294
Attest:
Notary Public Christi Dockery, County Clerk
Unofficial Witness Toby Cox, Lessee
Notary PublicFrank Cox, Lessee
3 95
Copyright 0 2010 gPublic.net 44 '
135, " a 134
125
128
123
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100
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109
105
108
474
MB 20154- Parcel Sales2014 Parcel Sales
260 390 520 ft
MB 2013 Parcel Sales 0 130
Lee County Assessor
Parcel: 169K213116 017 Acres: 0
Name LEE COUNTY BOARD OF TAX COMMISSIONES i Land Value. 37, 500. 00
Site 100 CREEKSIDE PLACE Building Value 40, 115. 00
Sale: 0 on 09- 2001 Reason= EX Qual= U Misc Value: 10, 197.00
P 0 BOX 889 Total Value: 87, 812.00 it
LEESBURG, GA 31763Mail:
Lee ounty makes every effort to produce the most accurate information possible. No warranties, expressed or implied, are provided for the dataherein, its use or interpretation. The assessment information is from the last certified taxroll. All data is subject to change before the next certifiedtaxroll.
Date printed: 06/ 10/ 16: 13: 07: 27
96
LEASE AGREEMENT
This lease, made this day of 2016 by and between The Board of Commissioners of LeeCounty, Georgia, a political subdivision, hereinafter referred to as " County", and Toby and Frank Cox, 105Creekside Place, Leesburg, GA 31763, hereinafter referred to as " Lessee".
WITNESSETH:
For and in consideration of the rents, covenants, agreements, and stipulations hereinafter mentioned, theCounty does hereby lease the following described land located at 109 Creekside Place Lt.16 to Lessee:
All that tract or parcel of land lying and being in the County of Lee, State of Georgia, and more particularlydescribed as follows:
All of Lot 16 of Kinchafoonee Kamps Subdivision, according to a map or plat of said Subdivision as recordedin Plat Book B, Page 25, in the Office of the Clerk of Superior Court, Lee County, Georgia.
1) Lessee shall have and hold the previously described land beginning on 2016 and
extending to December 31, 2017, at midnight, unless terminated or extended as provided in this LeaseAgreement. The county shall deliver the property to the Lessee in good condition mutually agreed byboth parties.
2) Notwithstanding the foregoing, this Agreement shall continue in full force and effect for successive one1) year annual terms, commencing on January 1` t of each subsequent year and concluding on
December 31st of each subsequent year, so long as neither party gives written notice to the other partyat least sixty ( 60) days prior to December 31st of any year in which this Agreement is in effect that suchparty giving such notice intends to terminate this Agreement as of December 31st of such year;provided, however, that this Agreement shall not be automatically extended for more than five ( 5)consecutive one ( 1) year terms, including the one ( 1) year term authorized in Paragraph Thereof.
3) Lessee has paid the County the sum of$ 1. 00 and other valuable consideration representing payment infull during the entire term of this lease agreement and any lease extension.
4) The leased land shall be used specifically in accordance with all state, federal, and local laws andregulations and for no other purposes whatsoever. The leased land shall not be used for any illegal
purposes, or in any manner to create any nuisances or trespass. Further conditions on the use of the
property by Lessee are as follows:
a) The leased land shall only we used for purposes consistent with open spaces, recreational, or wetlandsmanagement purposes ( as defined in Title 44, Code of Federal Regulations, part 206.434 as it appearsnow or may hereinafter be amended) in perpetuity.
b) No further disaster assistance for any purpose from any federal source will be sought or provided withrespect to the leased land.
c) There shall not be erected on the leased land any new structures or other improvements other thanrestrooms, or a facility that is open on all sides and functionally related to open space uses.
1 97
5) Lessee shall not abandon or vacate the leased land during any term of this Lease Agreement and shalluse the land only for the previously mentioned purposes until the expiration of the final lease term.The Lessee shall retain any improvement made on the leased land in accordance with Section 4(C).
6) Lessee aggress to, and hereby does, indemnify and hold harmless the County against all claims fordamages to persons and / or property by reason of the Lessee' s use or occupancy of the leased land. Inaddition, the Lessee agrees to pay all expenses incurred by the County in defending itself from suchclaims including all attorney fees and court costs. The Lessee shall also provide proof to the Countythat the leased land is covered under homeowner insurance at the time of execution of the LeaseAgreement.
7) This Lease Agreement shall not constitute the relationship of landlord and tenant between the parties,no estate shall pass out of the County as a consequence of the execution and delivery of this LeaseAgreement, and there is only created by the terms hereof a mere usufruct as defined by Georgia law.Lessee has only the right to use the leased land according to the terms contained in this lease agreement,which right is not subject to levy and sale.
8) If Lessee remains in possession of the leased land after the expiration of the lease term, with theCounty' s acquiescence and without any express agreement between the parties, the Lessee shall be atenant at will, and there shall be no renewal of the lease by operation of law.
9) Lessee shall not assign this lease or any interest hereunder or sublet the leased land or any part of it, orpermit the use of the leased land by any other party other than the Lessee.
10) IT IS MUTUALLY AGREED that in the event the Lessee default in any of the provisions containedherein and fails to cure said default within five ( 5) calendar days after the County gives Lessee writtennotice, the County, at its option, may at once terminate this Lease Agreement by written notice toLessee, hereupon the lease shall terminate.
11) IT IS MUTALLY AGREED that this Lease Agreement is contingent upon the Lessee maintaining feesimple ownership of the real estate immediately adjoining the subject property. Should Lessee fail to
maintain ownership of the property, as Lessee' s name now appears on this Lease Agreement, the LeaseAgreement will automatically terminate.
12) This lease Agreement contains the entire agreement between the parties, and no representation,inducement, promises, or agreements, oral or otherwise, between the parties, not contained herein, shallnot be of any force or effect.
IN WITNESS WHEREOF, the parties herein have set their hands and seal this day of
2016.
BOARD OF COMMISSIONERS
OF LEE COUNTY, GEORGIA
By:
Unofficial WitnessRick Muggridge, Chairman
Attest:
298
Notary Public Christi Dockery, County Clerk
Unofficial Witness Toby Cox, Lessee
Notary Public Frank Cox, Lessee
399
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2013 Parcel Sales 0 210 420 630 840 ft
Lee County Assessor
Parcel: 169K213116 007 Acres: 0r
1Name LEE COUNTY BOARD OF COMMISSIONERS Land Value: 24, 375. 00
Site 109 CREEKSIDE PLACE Building Value 0. 00 r"
Sale. 1 on 12- 1995 Reason=LM Qual= Q Misc Value: 0. 00
P 0 BOX 889 Total Value 24,375. 00 1
Mail; LEESBURG, GA 31763 J..
Lee County makes every effort to produce the most accurate information possible. No warranties, expressed or implied, are provided for the dataherein, its use or interpretation. The assessment information is from the last certified taxroll. All data is subject to change before the next certifiedtaxroll.
Date printed: 06/ 10/ 16: 13: 08: 11
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LEASE AGREEMENT
This lease, made this 11th day of February, 2016 by and between The Board of Commissioners of LeeCounty, Georgia, a political subdivision, hereinafter referred to as " County", and Toby and Frank Cox, 105Creekside Place, Leesburg, GA 31763, hereinafter referred to as " Lessee".
WITNESSETH:
For and in consideration of the rents, covenants, agreements, and stipulations hereinafter mentioned, the
County does hereby lease the following described land located at 474 Creekside Drive Lessee:
All that tract or parcel of land lying and being in the County of Lee, State of Georgia, and more particularlydescribed as follows:
All of Lot 5 of Kinchafoonee Kamps Subdivision, according to a map or plat of said Subdivision as recorded inPlat Book B, Page 25 ( Plat Cabinet A, Slide A-32) in the Office of the Clerk of Superior Court, Lee County,Georgia.
1) Lessee shall have and hold the previously described land beginning on 2016 and
extending to December 31, 2017, at midnight, unless terminated or extended as provided in this LeaseAgreement. The county shall deliver the property to the Lessee in good condition mutually agreed byboth parties.
2) Notwithstanding the foregoing, this Agreement shall continue in full force and effect for successive one1) year annual terms, commencing on January 1st of each subsequent year and concluding on
December 31st of each subsequent year, so long as neither party gives written notice to the other partyat least sixty ( 60) days prior to December 31 of any year in which this Agreement is in effect that suchparty giving such notice intends to terminate this Agreement as of December 31st of such year;provided, however, that this Agreement shall not be automatically extended for more than five ( 5)consecutive one ( 1) year terms, including the one ( 1) year term authorized in Paragraph thereof.
3) Lessee has paid the County the sum of$ 1. 00 and other valuable consideration representing payment infull during the entire term of this lease agreement and any lease extension.
4) The leased land shall be used specifically in accordance with all state, federal, and local laws andregulations and for no other purposes whatsoever. The leased land shall not be used for any illegalpurposes, or in any manner to create any nuisances or trespass. Further conditions on the use of the
property by Lessee are as follows:
a) The leased land shall only we used for purposes consistent with open spaces, recreational, or wetlandsmanagement purposes ( as defined in Tide 44, Code of Federal Regulations, part 206.434 as it appears
now or may hereinafter be amended) in perpetuity.
b) No further disaster assistance for any purpose from any federal source will be sought or provided withrespect to the leased land.
c) There shall not be erected on the leased land any new structures or other improvements other thanrestrooms, or a facility that is open on all sides and functionally related to open space uses.
1 101
5) Lessee shall not abandon or vacate the leased land during any term of this Lease Agreement and shalluse the land only for the previously mentioned purposes until the expiration of the final lease term.The Lessee shall retain any improvement made on the leased land in accordance with Section 4( C).
6) Lessee aggress to, and hereby does, indemnify and hold harmless the County against all claims fordamages to persons and / or property by reason of the Lessee' s use or occupancy of the leased land. Inaddition, the Lessee agrees to pay all expenses incurred by the County in defending itself from suchclaims including all attorney fees and court costs. The Lessee shall also provide proof to the County thatthe leased land is covered under homeowner insurance at the time of execution of the LeaseAgreement.
7) This Lease Agreement shall not constitute the relationship of landlord and tenant between the parties,no estate shall pass out of the County as a consequence of the execution and delivery of this LeaseAgreement, and there is only created by the terms hereof a mere usufruct as defined by Georgia law.Lessee has only the right to use the leased land according to the terms contained in this lease agreement,which right is not subject to levy and sale.
8) If Lessee remains in possession of the leased land after the expiration of the lease term, with the
County' s acquiescence and without any express agreement between the parties, the Lessee shall be atenant at will, and there shall be no renewal of the lease by operation of law.
9) Lessee shall not assign this lease or any interest hereunder or sublet the leased land or any part of it, orpermit the use of the leased land by any other party other than the Lessee.
10) IT IS MUTUALLY AGREED that in the event the Lessee default in any of the provisions containedherein and fails to cure said default within five ( 5) calendar days after the County gives Lessee written
notice, the County, at its option, may at once terminate this Lease Agreement by written notice toLessee, hereupon the lease shall terminate.
11) IT IS MUTALLY AGREED that this Lease Agreement is contingent upon the Lessee maintaining feesimple ownership of the real estate immediately adjoining the subject property. Should Lessee fail to
maintain ownership of the property, as Lessee' s name now appears on this Lease Agreement, the LeaseAgreement will automatically terminate.
12) This lease Agreement contains the entire agreement between the parties, and no representation,inducement, promises, or agreements, oral or otherwise, between the parties, not contained herein, shall
not be of any force or effect.
IN WITNESS WHEREOF, the parties herein have set their hands and seal this day of2016.
BOARD OF COMMISSIONERS
OF LEE COUNTY, GEORGIA
By:Unofficial Witness Rick Muggridge, Chairman
2102
Attest:
Notary Public Christi Dockery, County Clerk
Unofficial Witness Toby Cox, Lessee
Notary Public Frank Cox, Lessee
3103
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2015* Parcel Sales
MI 2014 Parcel Sales Or 1
MS 2013 Parcel Sales 0 160 320 480 640 ft
Lee County Assessor
Parcel: 169K213116 005 Acres: 0
Name: LEE COUNTY BOARD OF COMMISSIONERS Land Value: 30,000. 00
Site. 474 CREEKSIDE DRIVE j Building Value 0. 00IA*
Sale. 0 on 06- 2001 Reason= EX QuaI= U Misc Value: 0. 00
P 0 BOX 889 Total Value: 30, 000. 00 r
Mail- LEESBURG, GA 31763 1
Lee County makes every effort to produce the most accurate information possible. No warranties, expressed or implied, are provided for the dataherein, its use or interpretation. The assessment information is from the last certified taxroll. All data is subject to change before the next certifiedtaxroll.
Date printed: 06/ 10/ 16: 13: 08: 56
104
MEMORANDUM
LEE COUNTY BOARD OF
COMMISSIONERS
LEE COUNTYLife works well here.
TO: Honorable Board of County Commissioners
SUBJECT: Hazard Mitigation Property Lease: 119 Creekside Place
MEETING DATE: Tuesday, June 14, 2016
MOTION/ RECOMMENDATION
Consideration to approve leasing the property described above to the adjacent property owner,Jonathan Tholan and approve the attached Lease Agreement. Lessee has provided a copy oftheir home owners insurance.
BACKGROUND
The County purchased property that was flooded during 1994 through GEMA and FEMA' sHazard Mitigation Grant Program. These properties are located in residential areas. After the
properties were acquired, the County, with the financial assistance from GEMA and FEMA,demolished all of the improvements on the properties.
Since the County owns the properties in perpetuity, the County must now maintain them ( i.e.mow, stop illegal dumping, repair erosion problems, etc.). County staff contacted FEMA andGEMA to determine if the properties can be leased to the adjoining property owners. GEMAand FEMA agreed to allow the County to lease the properties to the adjacent property owner(s)under the same restrictions the County is under.
County staff has also checked each lot to ensure that all leased lots are in compliance with theGEMA and FEMA regulations. The following page indicates which property will be leased.
ATTACHMENTS
1. Lease Agreement
33105
LEASE AGREEMENT
This lease, made this day of 2016 by and between The Board of Commissioners of LeeCounty, Georgia, a political subdivision, hereinafter referred to as " County", and Jonathan Tholan, 105
Creekside Place, Leesburg, GA 31763, hereinafter referred to as " Lessee".
WITNESSETH:
For and in consideration of the rents, covenants, agreements, and stipulations hereinafter mentioned, the
County does hereby lease the following described land located at 119 Creekside Place Lt.7 Lessee:
All that tract or parcel of land lying and being in the County of Lee, State of Georgia, and more particularlydescribed as follows:
All of Lot 7 of Kinchafoonee Kamps Subdivision, according to a map or plat of said Subdivision as recorded inPlat Book B, Page 25, in the Office of the Clerk of Superior Court, Lee County, Georgia.
1) Lessee shall have and hold the previously described land beginning on 2016 and
extending to December 31, 2017, at midnight, unless terminated or extended as provided in this LeaseAgreement. The county shall deliver the property to the Lessee in good condition mutually agreed byboth parties.
2) Notwithstanding the foregoing, this Agreement shall continue in full force and effect for successive one1) year annual terms, commencing on January 1" of each subsequent year and concluding on
December 31st of each subsequent year, so long as neither party gives written notice to the other partyat least sixty (60) days prior to December 31" of any year in which this Agreement is in effect that suchparty giving such notice intends to terminate this Agreement as of December 31st of such year;provided, however, that this Agreement shall not be automatically extended for more than five ( 5)consecutive one ( 1) year terms, including the one ( 1) year term authorized in Paragraph Thereof.
3) Lessee has paid the County the sum of$ 1. 00 and other valuable consideration representing payment infull during the entire term of this lease agreement and any lease extension.
4) The leased land shall be used specifically in accordance with all state, federal, and local laws andregulations and for no other purposes whatsoever. The leased land shall not be used for any illegalpurposes, or in any manner to create any nuisances or trespass. Further conditions on the use of the
property by Lessee are as follows:
a) The leased land shall only we used for purposes consistent with open spaces, recreational, or wetlandsmanagement purposes ( as defined in Title 44, Code of Federal Regulations, part 206.434 as it appears
now or may hereinafter be amended) in perpetuity.
b) No further disaster assistance for any purpose from any federal source will be sought or provided withrespect to the leased land.
c) There shall not be erected on the leased land any new structures or other improvements other thanrestrooms, or a facility that is open on all sides and functionally related to open space uses.
1106
5) Lessee shall not abandon or vacate the leased land during any term of this Lease Agreement and shalluse the land only for the previously mentioned purposes until the expiration of the final lease term.The Lessee shall retain any improvement made on the leased land in accordance with Section 4(C).
6) Lessee aggress to, and hereby does, indemnify and hold harmless the County against all claims fordamages to persons and / or property by reason of the Lessee' s use or occupancy of the leased land. Inaddition, the Lessee agrees to pay all expenses incurred by the County in defending itself from suchclaims including all attorney fees and court costs. The Lessee shall also provide proof to the Countythat the leased land is covered under homeowner insurance at the time of execution of the Lease
Agreement.
7) This Lease Agreement shall not constitute the relationship of landlord and tenant between the parties,no estate shall pass out of the County as a consequence of the execution and delivery of this LeaseAgreement, and there is only created by the terms hereof a mere usufruct as defined by Georgia law.Lessee has only the right to use the leased land according to the terms contained in this lease agreement,which right is not subject to levy and sale.
8) If Lessee remains in possession of the leased land after the expiration of the lease term, with the
County' s acquiescence and without any express agreement between the parties, the Lessee shall be atenant at will, and there shall be no renewal of the lease by operation of law.
9) Lessee shall not assign this lease or any interest hereunder or sublet the leased land or any part of it, orpermit the use of the leased land by any other party other than the Lessee.
10) IT IS MUTUALLY AGREED that in the event the Lessee default in any of the provisions containedherein and fails to cure said default within five ( 5) calendar days after the County gives Lessee writtennotice, the County, at its option, may at once terminate this Lease Agreement by written notice toLessee, hereupon the lease shall terminate.
11) IT IS MUTALLY AGREED that this Lease Agreement is contingent upon the Lessee maintaining feesimple ownership of the real estate immediately adjoining the subject property. Should Lessee fail to
maintain ownership of the property, as Lessee' s name now appears on this Lease Agreement, the LeaseAgreement will automatically terminate.
12) This lease Agreement contains the entire agreement between the parties, and no representation,
inducement, promises, or agreements, oral or otherwise, between the parties, not contained herein, shall
not be of any force or effect.
IN WITNESS WHEREOF, the parties herein have set their hands and seal this day of2016.
BOARD OF COMMISSIONERS
OF LEE COUNTY, GEORGIA
By:Unofficial Witness Rick Muggridge, Chairman
Attest:
2107
Notary Public Christi Dockery, County Clerk
Unofficial Witness Jonathan Tholan, Lessee
Notary Public
3108
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2015+ Parcel Sales f"1448 '\
2014 Parcel Sales
In 2013 Parcel Sales 0 150 300 450 600 ft
Lee County Assessor
Parcel: 169K213116 008 Acres: 0x-
Name. LEE COUNTY BOARD OF COMMISSIONERS ' Land Value 24,375. 00ii-.
Site 119 CREEKSIDE PLACE Building Value 37,838. 00 Leo
Sale 0 on 08-2000 Reason= EX Qual= U Misc Value 8, 257.00
P 0 BOX 889 Total Value 70,470.00 i
LEESBURG, GA 31763Mail.
Lee County makes every effort to produce the most accurate information possible. No warranties, expressed or implied, are provided for the dataherein, its use or interpretation. The assessment information is from the last certified taxroll. All data is subject to change before the next certifiedtaxroll.
Date printed: 06/ 10/ 16: 13. 06: 28
109
J
GeUF CFOpF,
oOFFICE OF THE CIRCUIT PUBLIC DEFENDERSOUTHWESTERN JUDICIAL CIRCUrr 510 West Lamar Street, 2nd FloorC, 1, 1; 0'
71
Americus, GA 31709
Office: 229- 928-4610
sT9N i t i6 . Gw SAMUEL G. MERRITT Fax: 229-928- 45940,4RDSCOV" CIRCUIT PUBLIC DEFENDER
e- mail: [email protected] @gapublicdefender.org
June 12, 2016
Christi Dockery, County Clerk Joe Lee Williams, ChairmanLee County Board of Commissioners Stewart County Commission
1 I 0 Starksville Avenue North Post Office Box 157
Leesburg, Georgia 31763 Lumpkin, Georgia 31815
Regina McDuffie, County Manager Bill Twomey, Chief Administrative OfficerMacon County Board of Commissioners Sumter County Board of CommissionersPost Office Box 297 Post Office Box 295Oglethorpe, Georgia 31068 Americus, Georgia 31709
Bill Sawyer, County Administrator George Moore, Chairman
Schley County Board of Commissioners Webster County CommissionPost Office Box 352 Post Office Box 29Ellaville, Georgia 31806 Preston, Georgia 31824
Re: Proposed contract for the second half of 20 16
Dear Sir or Madam:
Enclosed please find the proposed contract and budget that I have drafted for the 6 month period fromJuly 1, 2016 to December 31, 2016.
Regarding the small increase in the budget, you may note a few changes from the prior budget. Noneof these changes relate to any raised; rather, these changes are:
I) All of our county funded employees get state benefits so when the state slightly raised the benefitspercentages ( healthcare percentage from 30.454% to 33. 214% and pension 24.72% to
24.8 I%), we had to make those changes in the budget;
2) In the prior 6 month contract, we had to temporarily lower the operating expenses to remainunder the 5% cap set out in Section 4.0 I of the contract. We are not asking to go back to theoriginal operating expenses figure but we did need to go up a little bit.
110
Page 2
June 12, 2016
Please review the proposed contract and budget and let me know whether or not you would like me tocome present it to your Commission. I will also be happy to answer any questions or address any issuesthat you may have at any time. Thank you for all of your support through the years.
Sincerely,
Samuel G. MerrittENCLOSURES
pc: Bryan Tyson, Executive Director, Georgia Public Defender Standards Council
p13441 1 60701]
111
Contract term 7/ 1/ 16 to 12/ 31/ 16
Yusr.rc
B CDEcn INDIGENT DEFENSE CONTRACT BETWEENTHE OFFICE OF THE CIRCUIT PUBLIC
V%le: : rte
Contract term 7/ 1/ 1 6 to 12/ 31/ 1 6
maintain, and furnish the Office of the Circuit Public Defender in an orderly and efficientmanner;
4) Travel advances and reimbursement of expenses;5) Salary supplements; and6) The provision for other matters necessary to carry out this contract.
NOW THEREFORE, in consideration of the mutual covenants and promises contained in the contractand for Ten Dollars ($ 1 0) and other good and valuable consideration, IT IS AGREED AS FOLLOWS:
ARTICLE I-- STATUTORY AND ADDITIONAL SERVICES
Section 1. 0 I Statutory staffing:The Office of the Circuit Public Defender and GPDC agree to provide for the Southwestern judicial
Circuit full- time staff for a public defender office or offices consisting of a Circuit Public Defender; anassistant public defender for each superior court judge authorized forthe circuit, excluding the chiefjudgeand senior judges; an investigator; and 2 additional persons to perform administrative, investigative,clerical, and/ or paraprofessional services.
Section 1 . 02 Statutory services:The Office of the Circuit Public Defender agrees to provide representation to indigent defendants in the
following cases:I) Misdemeanor and felony cases prosecuted in the superior courts of the Counties under
the laws of the State of Georgia in which there is a possibility that a sentence ofimprisonment or probation or suspension ofsentence of imprisonment may be adjudged;
2) Hearings in the superior courts of the Counties on a revocation of probation;3) Cases prosecuted in the juvenile courts of the Counties in which a child may face a
disposition in a delinquency case of confinement, commitment or probation; and4) Direct appeals from a decision in cases described in ( 1), ( 2), and ( 3) above.
Section I. 03 Conflicts:
The Office of the Circuit Public Defender and GPDC agree to provide for legal representation by anattorney who is not an employee ofthe Office ofthe Circuit Public Defender in cases described in Section
1 . 02 in which the Office of the Circuit Public Defender has a conflict of interest which cannot be resolvedby assigning a different lawyer in the Office of the Circuit Public Defender.
Paget
113
Contract term 7/ 1/ 1 6 to 12/ 31/ 1 6
Section 1. 04 Additional services( this portion ofthis contract reflects an agreement between the Office
of the Circuit Public Defender and Sumter County only):The Office of the Circuit Public Defender agrees to provide representation to indigent defendants in thefollowing cases:
I) Misdemeanor cases prosecuted in the State Court of Sumter County under the laws ofthe State of Georgia in which there is a possibility that a sentence of imprisonment orprobation or suspension of sentence of imprisonment may be adjudged;
2) Hearings in the State Court of Sumter County on a revocation of probation;3) Direct appeals from a decision in cases described in ( I) and ( 2) above.
Section I. 05 Conflicts in State Court:
Sumter County agrees to provide for legal representation by an attorney who is not an employee of theOffice of the Circuit Public Defender in cases described in Section 1. 04 in which the Office of the CircuitPublic Defender has a conflict of interest which cannot be resolved by assigning a different lawyer in theOffice of the Circuit Public Defender.
ARTICLE 2-- ADDITIONAL ASSISTANT PUBLIC DEFENDERS; INVESTIGATORS,AND ADMINISTRATIVE ASSISTANTS
Section 2.0 I Additional employees:
The Counties agree to pay to the Office of the Circuit Public Defender the amount provided in theattachments forthe additional personnel listed in the attachments. The amountto be paid includes a 5%administrative services fee. The 5% administrative services fee covers all of the expenses relating to thecounty-funded state employees" that would normally be paid by the State on behalfof"state- funded state
employees" such as travel reimbursements for travel to the training seminars provided by GPDC. Thisadministrative services fee is determined by the total amount for the budgeted positions. Any unusedportion of the administrative services fee for that fiscal year will be refunded to the Counties. The
additional personnel employed by the Office of the Circuit Public Defender pursuant to this Section arefull- time state paid employees of the Office ofthe Circuit Public Defender in the unclassified service oftheState Merit System of Personnel Administration with all benefits of such appointed state employees asprovided by law. The additional personnel employed by the Office of the Circuit Public Defenderpursuant to this Section serve at the pleasure of the Circuit Public Defender of the Southwestern Judicial
Circuit. The parties agree that the employment of additional personnel by the Office of the Circuit PublicDefender pursuant to this section may be terminated by the Office of the Circuit Public Defender if theCounty does not pay for the costs of these personnel in advance in accordance with this contract. Anychanges to the attachments shall be made in accordance with Section 4.05.
Section 2.02 State Bar dues:
The Counties agree to pay the State Bar dues of all of the attorneys who work for the OCPD. In additionto allowing all of the lawyers to legally practice law, this will allow the courts to determine that everyattorney who works for the OCPD is paid at least in part by the Counties so the courts can order any andall attorney's fees to be paid to the Counties pursuant to O.C.G.A. § 17- 12- 5 I( a).
Page 3
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Contract term 7/ 1/ 1 6 to 1 2/ 3 1/ 1 6
Section 2.03 Payment terms:
Sumter County agrees to paythe Office ofthe Circuit Public Defender all ofthe additional personnel costsstated in the attachments in monthly installments. Installments are due by the 15th day of the precedingmonth to GPDC. Installments will be paid directly to GPDC with the first installment paid by the 1 5thofthe month before the effective date of this contract. The Office of the Circuit Public Defender agrees
to use these funds for the purpose of paying the salary, benefits, and administrative costs ofthe additionalpersonnel listed in the attachments. At or near the end of every quarter', Sumter County will sendinvoices to the other five counties for their pro rata share ofthe additional personnel costs for the quarterthat is ending.
Section 2. 04
The Office ofthe Circuit Public Defender agrees to authorize and direct GPDC to refund to the Countiesthrough Sumter County) any funds that have been on deposit with GPDC at the end of the State's fiscalyear and that were paid to GPDC for positions that are not filled or were not spent for whatever reason
and are not expected to be spent for expenses incurred during the appropriate time period or for earlier;however, any surplus during one contract period may be used to cover deficits that may have occurredin prior years or which are already projected for the calendar or fiscal year in which the refund wouldotherwise have been made.
ARTICLE 3-- PROVISION BY THE COUNTIES OF THEIR PRO RATA SHARE OF THECOSTS OF APPROPRIATE OFFICES, UTILITIES, TELEPHONE EXPENSES,
MATERIALS, AND SUPPLIES AS MAY BE NECESSARY TO EQUIP, MAINTAIN, ANDFURNISH THE OFFICE OF THE CIRCUIT PUBLIC DEFENDER.
Section 3. 0 I Office expenses:
The Counties agree to pay their pro rata share of the budget provided in the attachments, which is thebudget for appropriate utilities, telephone expenses, materials, supplies, and other expenses necessaryto equip, maintain, and furnish the Office of the Circuit Public Defender.
Section 3. 02 Travel and expense reimbursement:
The Counties agree to provide travel advances and to reimburse expenses which may be incurred in theperformance of the employee' s official duties under this contract by an employee of the Office of theCircuit Public Defender to the extent the expenses are not reimbursed by the State.
Section 3. 03 Payment terms:
Sumter County will administer and advance the operating expenditures to the extent the expenses areauthorized by the Circuit Public Defender of the Southwestern Judicial Circuit and are within the budgetas set out in the attachments. Lee County, Macon County, Schley County, Stewart County, and Webster
As used in this contract, quarters will start on the first days of January, April, July, andOctober and will end the day before the next quarter starts.
Page 4
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Contract term 7/ 1/ 1 6 to 1 2/ 3 1/ 1 6
County agree to pay their pro rata share of the operating expenditures listed in the attachments toSumter County. These funds will be paid quarterly to Sumter County and will be based on actualexpenditures for the previous quarter based on an invoice sent by Sumter County.
Section 3. 04
Reports, Accounting, and Audits: Sumter County will comply with reasonable requests by the Office ofthe Circuit Public Defender to provide the Office of the Circuit Public Defender with reports and otherinformation concerning operating expenses required by any State auditor or by GPDC or requested bythe Office of the Circuit Public Defender.
Within 15 days of receipt, the Office of the Circuit Public Defender will comply with reasonable requestsby any of the Counties to provide reports and other information concerning operating or personnelexpenses including a complete copy of any audits of its financial statements, expenditures, or funds,including, but not limited to, any work papers, spreadsheets, line item details, or other documentsreviewed by the auditor. The duty to provide a copy of such audits expressly includes any auditsconducted by the State of Georgia or a private auditor, regardless of the source of the funds audited.
In addition, any County may request an annual audit of the funds provided to the Office of the CircuitPublic Defender pursuant to this contract. Upon receipt of any such request, the Office of the CircuitPublic Defender shall take reasonable steps in a timely manner to engage an independent auditor at theexpense of the County that requested the audit. No later than 60 days after receipt of the County'srequest, the Office of the Circuit Public Defender shall provide the Counties a copy of the auditor'sreports, findings, and recommendations, and, upon request, a copy of all work papers, spreadsheets, lineitem details, and other documents or information reviewed by the auditor.
Within 30 days of the close of the term of this contract, Sumter County shall provide the Office of theCircuit Public Defender an accounting, including line item details, of the manner in which the fundsallocated pursuant to this contract were applied or spent. Within 15 days of receipt, the Office of the
Circuit Public Defender shall thereafter provide a complete copy of the accounting to all other Counties.
Within 30 days of the close of the term of this contract, the Office of the Circuit Public Defender shallprovide the Counties an accounting of the number of indigent clients served in the unincorporated areaof each county compared to each of the municipalities in each such county.
ARTICLE 4-- MISCELLANEOUS
Section 4. 0 I Term:
The term of this contract is the 6 month period beginning on July I , 2016 and ending on December 3 I ,2016. This contract only covers a 6 month period because the Counties do not all share the same fiscalyear and it is understood that the Counties may desire to know what their maximum expenses will befor the next 12 months so that they can set their budgets accordingly. In order to provide a maximumfigure for the next 12 months for budgeting purposes, the Office of the Circuit Public Defender hereby
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Contract term 7/ 1/ 1 6 to 1 2/ 3 1/ 1 6
agrees that the maximum budget that it will ask for in the contract for the following 6 months will not bemore than 5% higher than the budget set out in this contract. This is a one-way agreement by the Officeofthe Circuit Public Defender and there is no corresponding agreement by the Counties to provide anyincrease whatsoever during the following 6 months.
Section 4.02 Severability:Any section, subsection, paragraph, term, condition, provision or other part ( hereinafter collectivelyreferred to as " part") of this contract that is judged, held, found, or declared to be voidable, void, invalid,
illegal or otherwise not fully enforceable shall not affect any other part of this contract, and the remainderof this contract shall continue to be of full force and effect. Any agreement of the parties to amend,modify, eliminate, or otherwise change any part of this contract shall not affect any other part of thiscontract, and the remainder of this contract shall continue to be of full force and effect.
Section 4.03 Cooperation, dispute resolution, and jurisdiction:I) The Office of the Circuit Public Defender and the Counties collectively and individually
acknowledge that this contract may need to be revised periodically to address new orunforeseen matters;
2) Each party to this contract agrees to cooperate with the other party to effectuate andcarry out the intent of this contract;
3) This contract, and the rights and obligations of the parties, shall be governed by, andsubject to and interpreted in accordance with the laws of the State of Georgia. The
parties acknowledge and agree that by law, the exclusive jurisdiction for contract actionsagainst the state, departments and agencies of the state, and state authorities is the
Superior Court of Fulton County, Georgia. The Parties further acknowledge that theFulton Superior Court has a Court sponsored Arbitration and Mediation Program inwhich the Parties agree to fully participate.
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Section 4.04 Notice:
A notice to a party to this contract shall be made in writing and shall be delivered by first class mail orpersonally to the person and at the address indicated below:
Lee County: Christi Dockery, County ClerkLee County Board of Commissioners110 Starksville Avenue North
Leesburg, Georgia 31763
Macon County: Regina McDuffie, County ManagerMacon County Board of CommissionersPost Office Box 297
Oglethorpe, Georgia 31068
Schley County: Bill Sawyer, County AdministratorSchley County Board of CommissionersPost Office Box 352
Ellaville, Georgia 31806
Stewart County: Joe Lee Williams, Chairman
Stewart County Board of CommissionersPost Office Box 157
Lumpkin, Georgia 31815
Sumter County: Bill Twomey, Chief Administrative OfficerSumter County Board of CommissionersPost Office Box 295
Americus, Georgia 3 1 709
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Contract term 7/ 1/ I 6 to 1 2/ 3 1/ 1 6
Webster County: George Moore, Chairman
Webster County Board of CommissionersPost Office Box 29
Preston, Georgia 3 1 824
Office of the Circuit Public Defender: Samuel G. Merritt, Circuit Public Defender
Southwestern Judicial Circuit
5 I 0 West Lamar Street, 2nd Floor
Americus, Georgia 3 1 709
Georgia Public Defender Council: Bryan Tyson, Executive Director
Georgia Public Defender Standards Council
104 Marietta Street, Suite 200
Atlanta, GA 30303
Section 4.05 Contract modification:
This contract, including the attachments hereto, constitutes the entire agreement between the partieswith respect to the subject matter of this contract and may be altered or amended only by a subsequentwritten agreement of equal dignity. Provided, however, that the Circuit Public Defender may reviseindividual line items of the budget as follows: individual line items may be adjusted by the Circuit PublicDefender via instructions to Sumter County, the fiscal agent, and/ or to GPDC, without notice, so longas said budget revisions do not increase the budgeted amount set out in this contract. This contract
supersedes all prior agreements, negotiations, and communications of whatever type, whether written
or oral, between the parties hereto with respect to the subject matter of this contract.
Section 4.06 Termination:
I) Due to non- availability of funds: in the event that any of the sources of reimbursementfor services under this contract( appropriations from the General Assembly of the Stateof Georgia, or appropriations from a county governing authority) are reduced during theterm of this contract, the Office of the Circuit Public Defender may terminate thecontract. The certification by the Director of GPDC of the occurrence of reduction inState funds is conclusive. The certification by the person designated in Section 4.04 forthe receipt of notice for each of the Counties of the occurrence of the reduction in
county funds is conclusive. The Counties agree to promptly notify the Office of theCircuit Public Defender in writing of the non- existence or insufficiency of funds and thedate of termination. The Office of the Circuit Public Defender may then immediatelycease providing the services required hereunder except for any necessary winding downand transition services required under Section 4.07. In lieu of terminating this contract,the Counties and the Office of the Circuit Public Defender may make financial and otheradjustments to this contract by amending it pursuant to Section 4.05.
2) For cause: this contract may be terminated for cause, in whole or in part, at any time byany party for failure by the other party to substantially perform any of its duties under thiscontract. " Cause" means a breach or default of any material-obligation hereunder which
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Contract term 7/ 1/ 16 to 12/ 31/ 16
default is incapable of cure, or which, being capable of cure, has not been cured within30 days after receipt of notice of such default ( or such additional cure period as thenon- defaulting party may authorize). Should a party exercise its right to terminate thiscontract under this subsection, the termination shall be accomplished in writing andspecify the reason and the termination date. In the event of termination under this
subsection the Office of the Circuit Public Defender shall submit a final contract
expenditure report containing all charges incurred through and including the terminationdate to the Counties no later than 30 days after the effective date of written notice oftermination and the Counties shall pay the amount due within 15 days of the receipt ofthe final contract expenditure report. Upon termination ofthis contract, the Office of theCircuit Public Defender shall not incur any new obligations after the effective date of thetermination, except as required under Section 4.07. The above remedies contained in
this subsection are in addition to any other remedies provided by law or the terms ofthiscontract.
3) For Convenience: this contract may be cancelled or terminated by any of the partieswithout cause; however, the party seeking to terminate or cancel this contract shall givewritten notice of its intention to do so to the other parties at least 60 days prior to theeffective date of cancellation or termination.
4) Post-termination obligations: after termination of this contract pursuant to this Section,the Office of the Circuit Public Defender and the Counties agree to comply with theprovisions of Section 4.07.
Section 4.07 Cooperation in transition of services.1) During or at the end of the contract: the Office of the Circuit Public Defender agrees
upon termination or expiration of this contract, in whole or in part, for any reason tocooperate as requested by the Counties to effectuate the smooth and reasonabletransition of services for existing clients. This includes but is not limited to the
continuation of representation by the Office of the Circuit Public Defender whereappropriate or required by law, court rule, or the State Bar of Georgia ethical standardsor the facilitation of the timely transfer to the Counties of the client records. The
Counties shall compensate the Office of the Circuit Public Defender for allpost-termination or post-expiration services under this subsection. The Office of the
Circuit Public Defender shall submit a monthly expenditure report containing all chargesincurred during the preceding month on or before the 5th day of each month. The
Counties shall pay the amount due within 15 days of the receipt of the monthlyexpenditure report. This subsection survives the termination or expiration of thecontract.
2) Statutory responsibility continuation: the Office of the Circuit Public Defender and theCounties acknowledge that both have responsibilities for indigent defense costs undertheGeorgia Indigent Defense Act of 2003, as amended, and that the termination orexpiration of this contract does not relieve either party of their responsibility under thelaw.
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Contract term 7/ 1/ I 6 to 1 2/ 3 1/ 1 6
Section 4.08 Advance of funds:
The parties agree that advances of funds cannot remain outstanding following contract expiration ortermination and will be reclaimed. The parties agree that upon termination of this contract all
unexpended and unobligated county funds held by the parties revert to the Counties and shall bedistributed based on their pro- rata contributions outlined in the attachments hereto. The parties agree
to reconcile expenditures against advances of funds within 30 days of termination of this contract.
Section 4.09 Attachments incorporated:
The attachments are incorporated into this contract by reference as if fully set forth herein.
Section 4. I 0 Time:
Time is of the essence.
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Contract term 7/ 1/ 16 to 12/ 31/ 16
IN WITNESS WHEREOF, the parties have each here unto affixed their signatures the day and year setout below.
Lee County ATTEST:
by:Signature
Title Date
Macon County ATTEST:
by:Signature
Title Date
Schley County ATTEST:
by:Signature
Title Date
Stewart County ATTEST:
by:Signature
Title Date
Sumter County ATTEST:
by:Signature
Title Date
search terms pi5834343476 pi344 I 1 50608]
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Contract term 7/ 1/ 16 to 12/ 3 I/ 16
Webster County ATTEST:
by:Signature
Title Date
Office of the Circuit Public Defender ATTEST:
by:Signature
Title Date
Georgia Public Defender Standards Council ATTEST:
by:Signature
Title Date
search terms pi5834343476 pi3441 I 50608]
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OCPD July to December 2016 budget attachments.xlsx N
Attachment--Operating ExpensesAccount number Account name Budgeted amount
100- 2800-00-531110- 000 Supplies-Office 3, 000. 00
100-2800- 00-523400- 000 Printing and Binding100-2800- 00-523250-000 Postage 420.00
100-2800- 00-522230-000 Repairs& Maint- Office Equip 600.00
100-2800- 00- 531400-001 Law Library100-2800- 00- 531400-000 Books and Periodicals 1, 250.00
100-2800-00-521210-000 Professional Services 162. 50
100-2800-00- 523500-000 Travel 50. 00
100-2800-00- 523600-000 Dues and Fees 800. 00
100- 2800-00-523700- 000 Education and Training 400.00
100- 2800-00-523210- 000 Telephones 4,600. 00
100- 2800-00-523220- 000 Cellular Phones 4,500. 00
100-2800- 00-531230- 000 Utilities 2,900.00
100-2800- 00-522310-000 rent 13, 200.00
Interns 500.00
Copier 2, 142.00
100-2800-00- 542300-000 Capital Outlay-Furn& Fix
I Total 34, 524.50
1
OCPD July to December 2016 budget attachments.xlsx cN
Attachment—Personnel Expenses
IPersonnel budget—state funded ID 12M Salary 6M salary Health=Sx33. 214% FICA= Sx7.65% Pension= Sx24.81% Unemployment 6M Totals
I Total 6 $ 347,050.32 $ 173,525. 16 $ 57,634.65 $ 13,274.67 $ 43, 051. 59 $ 93. 00 $ - $ 287,579.08 IIPersonnel budget-- locally funded by all 6 counties 12M Salary 6M salary Health=Sx33. 214% FICA=Sx7.65% Pension= Sx24.81% Unemployment Admin. fee** 6M Totals
I Total 6 $ 300,796.08 $ 150,398. 04 $ 51, 696.94 $ 11, 907.08 $ 38, 616.28 $ 93. 00 $ 12,898.07 $ 265, 609.401
IState Court of Sumter County 12M Salary 6M salary Health=Sx33. 214% FICA=Sx7.65% Pension= Sx24.81% Unemployment Admin. fee** 6M Totals
I Total 1 $ 96, 141. 20 $ 48,070.60 $ 12, 561. 73 $ 2,893. 28 $ 9,383.29 $ 15. 50 $ 3, 383.72 $ 76, 308. 12I
the administrative services fee Is 5% for county- funded stale employees to cover human resources, some training, some travel, and other expenses incurred by GPDSC as an employer
OCPD July to December 2016 budget attachments.xlsx N
worksheet based on current staffing and salaries only (any changes subject to Section 5. 05)Personnel budget—state funded ID 12M Salary 6M salary Health= Sx33.214% FICA= Sx7.65% Pension=Sx24. 81% Unemployment 6M Totals
Circuit Public Defender 31 1 $ 94,787.04 $ 47,393.52 $ 15, 741. 28 $ 3,625.60 $ 11, 758. 33 $ 15. 50 78, 534.24Assistant Circuit Public Defender 41 1 $ 58,000.00 $ 29,000.00 $ 9, 632. 06 $ 2, 218.50 $ 7, 194.90 $ 15.50 48,060. 96
Assistant Circuit Public Defender 33 1 $ 60,000.00 $ 30,000.00 $ 9, 964.20 $ 2, 295.00 $ 7,443.00 $ 15. 50 49, 717.70Office Manager 22 1 $ 39, 000.00 $ 19,500.00 $ 6, 476. 73 $ 1, 491. 75 $ 4, 837.95 $ 15. 50 32, 321. 93
Investigator 53 1 $ 43, 284.72 $ 21, 642.36 $ 7, 188. 29 $ 1, 655.64 $ 5, 369.47 $ 15.50 35, 871. 26
Investigator 58 1 $ 42, 000.00 $ 21, 000.00 $ 6, 974.94 $ 1, 606.50 $ 5, 210. 10 $ 15.50 34,807. 04possible raises 9, 978.56 $ 4, 989.28 $ 1, 657. 14 $ 381. 68 $ 1, 237.84 8,265.94
I Total 6 $ 347,050.32 $ 173, 525. 16 $ 57, 634.65 $ 13, 274.67 $ 43,051. 59 $ 93. 00 287,579.08
Personnel budget—locally funded by all 6 counties 12M Salary 6M salary Health= Sx33.214% FICA= Sx7.65% Pension=Sx24.81% Unemployment Admin. fee" 6M Totals
Assistant Circuit Public Defender 97 1 $ 63, 101. 04 $ 31, 550.52 $ 10,479.19 $ 2,413. 61 $ 7, 827.68 $ 15.50 $ 2, 614. 33 $ 54,900.83Assistant Circuit Public Defender 59 1 $ 75,460. 56 $ 37,730. 28 $ 12, 631. 74 $ 2, 886. 37 $ 9,360. 88 $ 15.50 $ 3, 126. 24 $ 65,651. 00Assistant Circuit Public Defender 23 1 $ 68,427. 12 $ 34,213. 56 $ 11, 363.69 $ 2, 617. 34 $ 8,488. 38 $ 15. 50 $ 2,834. 92 $ 59, 533.40Administrative Assistant 72 1 $ 25,000.08 $ 12,500. 04 $ 4, 151. 76 $ 956.25 $ 3, 101. 26 $ 15. 50 $ 1, 036.24 $ 21, 761. 06Investigator 62 1 $ 43,284.72 $ 21, 642. 36 $ 7, 188. 29 $ 1, 655. 64 $ 5, 369.47 $ 15.50 $ 1, 793.56 $ 37,664.83
Investigator 64 1 $ 36,022.56 $ 18,011. 28 $ 5,982. 27 $ 1, 377. 86 $ 4,468.60 $ 15.50 $ 1, 492.78 $ 31, 348.28Investigator/paralegal services to State Ct. 10,500.00) $ ( 5,250.00)
5, 250.00)
I Total 6 $ 300,796.08 $ 150,398. 04 $ 51, 696. 94 $ 11, 907.08 $ 38, 616. 28 $ 93.00 $ 12,898.07 $ 265,609.40
State Court of Sumter County 12M Salary 6M salary Health= Sx33. 214% FICA=Sx7. 65% Pension=Sx24. 81% Unemployment Admin. fee** 6M TotalsAssistant Circuit Public Defender 93 1 $ 75, 641. 20 $ 37,820.60 $ 12, 561. 73 $ 2, 893.28 $ 9, 383.29 $ 15. 50 $ 3, 133. 72 $ 65, 808. 12Investigator/paralegal services to State Ct. 10, 500.00 $ 5, 250.00
5, 250.00Private lawyer contractors for conflicts 73 $ 10,000.00 $ 5, 000.00 contractor without benefits 250.00 $ 5, 250.00
Total 1 $ 96, 141. 20 $ 48, 070.60 $ 12, 561. 73 $ 2, 893.28 $ 9, 383.29 $ 15. 50 $ - 3; 383.72 $ 76, 308.12
Because of privacy concerns, the names of individual employees have been replaced by random numbers; a key will be provided to any countycommissioner or staff member or anyone who complies with Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia
the administrative services fee is 5% for county-funded state employees to cover human resources, some training, some travel, and other expenses incurred by GPDSC as an employer
OCPD July to December 2016 budget attachments.xlsx N
Attachment—Totals for 6 months covered by the contract
Personnel GPDSC budget county budget State Court of Sumter County Personnel
Personnel 287,579.08 I$ 265, 609.40 Total 76,308. 12
Operating 34,524.50
Total 300, 133.90
County share of personnel based on caseload Caseload Percentage County ShareLee 570 0. 28358209 $ 75,322. 07
Macon 312 0. 155223881 $ 41228. 92
Schley 72 0. 035820896 $ 9,514.37
Stewart 82 0. 04079602 $ 10,835. 81
Sumter 950 0.472636816 $ 125,536. 78 Total Personnel for Sumter Co. incl. State Court—> 201, 844.90
Webster 24 0.011940299 $ 3, 171. 46
Totals 2010 1 265, 609.40
County share of operating based on population Population Percentage County ShareLee 24757 0.296707775 . $ 10, 243.69
Macon 14074 0. 16867412 ' $ 5,823.39
Schley 3766 0.045134769 $ 1, 558.26
Stewart 5252 0.062944187 $ 2, 173. 12
Sumter 33200 0.397895469 $ 13, 737. 14
Webster 2390 0.02864368 $ 988.91
Totals 83439 1 34,524.50
County share of both personnel and operating Personnel Operating County Share of bothLee 75,322. 07 $ 10,243. 69 $ 85,565. 76
Macon 41, 228.92 $ 5,823. 39 $ 47,052.31
Schley 9,514.37 $ 1, 558. 26 $ 11, 072.62
Stewart 10, 835.81 $ 2, 173. 12 $ 13, 008.92
Sumter 125, 536.78 $ 13, 737. 14 $ 139,273. 92 Total for Sumter Co. incl. State Court—> 215,582. 04Webster 3, 171. 46 $ 988. 91 $ 4,160.36
Totals 265,609.40 $ 34,524. 50 $ 300, 133.90
OCPD July to December 2016 budget attachments.xlsxcoN
r- 1
Attachment—Retrospective and prospective worksheet( not including State Court of Sumter County)
6 month totals for past, current, and maximum* future 6 month budgets
County 1/ 1/ 16 to 6/30/ 16 7/ 1/ 16 to 12/ 31/ 16 Max.* for 1/ 1/ 17 to 7/ 30/ 17 Max.* for 7/ 1/ 17 to 12/ 31/ 17
Lee $ 83,532.65 $ 85, 565. 76 $ 89,844. 04 $ 94,336.25
Macon $ 45,924.42 $ 47,052.31 $ 49,404.93 $ 51, 875. 17
Schley $ 10,797.43 $ 11, 072.62 $ 11, 626.25 $ 12,207. 57
Stewart $ 12,667.82 $ 13,008.92 $ 13, 659.37 $ 14,342. 34
Sumter** $ 136, 117.30 $ 139,273.92 $ 146, 237.62 $ 153,549.50
Webster $ 4,036. 00 $ 4, 160.36 $ 4, 368.38 $ 4,586. 80
Total for the year from 1/ 1/ 16 to 12/ 31/ 16 Maximum* total for the year from 7/ 1/ 16 to 6/ 30/ 16
County CountyLee $ 169, 098.41 Lee 175,409. 80
Macon $ 92,976. 73 Macon 96,457. 24
Schley $ 21, 870. 06 Schley 22,698.87
Stewart $ 25,676.74 Stewart 26, 668.29
Sumter** $ 275,391. 22 Sumter** 285, 511. 54
Webster $ 8, 196.36 Webster 8, 528.75
Maximum* total for the year from 1/ 1/ 17 to 6/30/ 18
County
Lee $ 184, 180.29
Macon $ 101, 280. 10
Schley $ 23,833. 82
Stewart $ 28,001. 71
Sumter** $ 299,787. 12
Webster $ 8,955. 18
pi3441160701]
references to the" Maximum" or" Max." do not necessarily imply that this is the amount that will be requested, seeSection 4.01 for further explanation
not including State Court
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