City of Walthourville Sarah B. Hayes Mayor "Always Moving While Improving" AGENDA June 11, ,2024 @ 6:00 PM City Council Mitchell Boston Patrick Underwood Bridgette Kelly Lucirial L. Lovette Robert (Bob) Dodd City Administration Shana T. Moss, Cily Clerk Christopher Reed, ChiefofP Police Nicholas Manvell, Fire Chief Dave Martin, Public Works Luke R. Moses, City Attorney I. Call to Order II. Roll Call III. Invocation IV. Pledge of Allegiance V. Approval of Agenda VII. Presentation: VIII. Agenda Items 1. LCPC Mayor Sarah B. Hayes City Clerk Appointee In Unison Councilmembers Councilmembers Mayor Sarah B. Hayes VI. Approval of Minutes (May 28, 2024) 1. Keep Liberty Beautiful Action Items Ms. Lori Parks Chief Nicolas Maxwell Mayor Sarah B. Hayes Mayor Sarah B. Hayes City of Walthourville Elected Officials Walthourville Citizens Business License Request for Success Auto Detailing Uniting Communities, LLC. 2. City ofWalthourville Liberty County Fire Services IGA 3. City ofWalthourville CKH Consulting, LLC., City CPA Firm. 4. City of Walthourville Citizen Notification. IX. Department Reports X. Mayor and Council Comments XI. Citizens Comments XII. Executive Session XIII. Adjournment None Councilmembers Ifan Executive Session is needed it will be called for Litigation, Real Estate or Personnel. All Meetings are held at the Walthourville Police Department and are open to the public. City of Walthourville Mayor and Council Meeting Minutes May 28, 2024 @ 6:00PM Walthourville Police Department I.Call to Order: The Meeting was called to order at 6:00 PMI by Mayor Sarah B. Hayes. II. Roll Call: The roll was taken by the City Clerk with the following members present: Mayor Sarah B. Hayes Councilman Mitchell Boston Councilwoman Bridgette Kelly Mayor Pro Tem Luciria L. Lovette (via telephone) Councilman Patrick Underwood Councilman Robert Dodd The attendance of the council constituted a quorum Attorney Luke R. Moses was present. III. Invocation: Was given by Mayor Sarah B. Hayes. IV. Pledge of Allegiance was recited in unison. V. Approval of Agenda: The motion to approve the agenda was made by Councilwoman Kelly and the second was added by Councilman Boston. Vote: 5-0: Motion Carried Unanimously. VI. Approval of Minutes: The motion to approve the minutes from the May 14, 2024 meeting was made by Councilman Boston and the second was provided by Councilman Dodd. Councilmembers voting favorably were: Councilmen Boston, Underwood, Kelly and Vote: 4-1: Motion Carried. Dodd. Councimember opposed: Mayor Pro Tem Lovette. VII. Presentations: 1.Liberty Transit Mrs. Rachael Hatcher Mrs. Hatcher stated Liberty Transit was in the process of compiling their Transit Development Plan (TDP) which is a strategic planning document that defines a community's public transit needs. The purpose is to solicit broad input, coordinate with other plans, explore community goals, define alternative courses of action and to develop systematic plans and monitoring programs. She also stated that the Transit Program was in the process of Public Outreach-they wanted to hear from the community, what is needed of the transit program? They are conducting community events, public surveys, council workshops, stakeholder committee meetings, HAMPO Presentations, website and social medial publications and a 30-day Public Comment Period. 1 Liberty Transit ist trying toi increase bus stops/service ini rural areas to improve accessibility, how to utilize the bus system effectively, bus stop safety-dangerous intersections without lights or sidewalks, having regional connections to neighboring counties like Bryan and Chatham. The newest feature that will be offered by Liberty Transit will be Microtransit. Microtransit is a flexible transit service that uses a mobile application to schedule trips between ai requested pick-up and drop-offlocation. This is similar to ride hailing services, they are offered within a specified zone and trips are shared, with the average wait time being reduced to 30 minutes. The key benefits of Microtransit are accessibility and being able to schedule and pickup/drop/off and location flexibility. Mayor Hayes stated she appreciated thisi information. The City of Walthourville does not have a lot of! participation inr riding Liberty Transit. This was informational only and required no action by the Mayor and Council at this time. 2. Liberty County EMA Councilman Robert Dodd Liberty County EMA Director, Councilman Robert Dodd gave a comprehensive presentation about Hurricane Season 2024. He said, the Hurricane Season begins on June 1stand lasts until November 30th. The World Meteorological Organization has identified 21 names for Hurricanes this year. The peak Hurricane Season is the month of September, and everyone should have a Hurricane Plan and Hurricane Kit at their homes that they can easily access. Tropical Cyclone Basics include the eye is the center where there is little to no wind/rain, the eye wall around the "eye" contains the strongest winds and the rain bands can extend hundreds ofmiles from the eye and contain strong winds, heavy rain and possible There are two Evacuation Zones in Liberty County, Zone A and B. The City of Walthourville is in Zone B. Councilman Dodd referenced the Hurricane Registry that is offered by GEMA( (Georgia Emergency Management Agency). The Hurricane Registry is for individuals with functional access or medical needs, the number is 1-833-243-7344. He also stated if an evacuation order is issued, please adhere. When winds get as high as 45 miles per hour, Public Safety will not come out. When an evacuation is issued, and the county allows re-entry the Sheriff will authorize who can return and the levels, such as tornadoes. Public Safety and persons with re-entry passes. VIII. Agenda Items 1.CPA Firm Mayor Sarah B. Hayes Mayor Hayes introduced Mr. Roger Nixon of CKH Group Financial LLC. He is the Vice President of Business Development, and his firm works with may municipalities in Georgia. Accompanying Mr. Nixon was CKH Group Partner, Mr. Eon van Wyk. This firm isi in Atlanta, Georgia. He stated ifhired his firm would come onsite and work with the city staff to perform the work. He is also confident that some of the work can be performed remotely. He stated he was in the city on May 24th and met with Mayor Hayes, Ms. Moss and Mrs. Norris, and he was optimistic and looking forward to working with the city. Mayor Pro Tem Lovette asked if this was the only company the city was considering because we (city) needed to have three bids. Attorney Luke R. Moses responded saying, "the city is not required to solicit bids because we are not buying equipment, this is for 2 professional services-a service that was already intact, and bids are not required." The Mayor and Council waived taking action because several members wanted to do additional research. This item will be voted on at the June 11, 2024 meeting. City Clerk Moss suggested Mr. Nixon and Mr. Wyn could phone in for the meeting instead of making the long trip from Atlanta and Mayor Hayes agreed that would be feasible. 2.LCPC Ms. Lori Parks Presented a Business License request from For Tee-It-Up Lawncare, the business owneri is Chad Knudson. Thej property owner is Mrs. Donna Adams (she was present). The business will be located at 1163 Talmadge Road and is zoned AR-1. The applicant will be using a room in the home for an office to operate the lawn care business only. Mrs. Adams stated Mr. Knudson would only have ai truck and at trailer at the site and he would go to customers homes. The motion to approve was made by Councilman Dodd and the second was added by Councilman Boston. 3. City of Walthourville Vote: 5-0: Motion Carried Unanimously. Chief Christopher Reed AT&T/First Net. ChiefReed presented the city had recently participated in aj presentation with First Net and AT&T. First Net offers radios and this will be beneficial for the city. Recently several employees have been verbally assaulted by citizens and being on trucks they have no communication, and thisi is a safety hazard. The cost for the radios willl be.99 cents. Also, AT&T will have a tower located in the city in 2025. Currently, the city uses Verizon for cell service and there has been subpar service with dropped calls and dead service areas. Chief Reed said this is a hindrance to the Officers if they cannot use their phones. AT&T will allow $350.00 for each phone and every city employee who has a phone will be able to retain their number. They will have a choice of an Android or al- Phone. He stated that AT&Twill come onsite and perform the onboarding with each phone user, and everyone will be given a time to come in and have their phone converted. The motion to approve was made by Councilwoman Kelly and the second was added by Councilmembers voting favorably were: Boston, Underwood, Kelly and Dodd. Councilman Boston. Vote: 4-1: Motion Carried. Councilmember opposed: Lovette. 4. LMIG Mayor and Council Mayor Hayes reported the city would apply for LMIG (Local Maintenance Improvement Grant) through GDOT. LMIG Funds can be used for road improvements. The deadline for the LMIG application is. June 15th, and shel has asked City Hall to work on1 the grant. Mayor Hayes and Councilwoman Kelly suggested the city repair Griffin Road. Councilwoman Kelly stated Turnipseed Engineering has compiled the measurements for Griffin Road and she is in agreement that this is the best option for the city. The motion to approve to submit the LMIG Application for Griffin Road repairs were made by Councilwoman Kelly and the second was added by Councilman Underwood. Vote: 5-0: Motion Carried Unanimously. 3 IX. Department Reports 1.Mr. Patrick Golphin City of Walthourville Water Department Reported that the Water Rate Increase will be visible on the June bill. City Hall is working on installing the new rates. Meters will be read on June 6th. Correspondenes are being given to citizens about the Water Rate Increase when they come to pay their bill. He also stated the information is also on the city's Facebook page and city website. 2. ChiefNicolas Maxwell Fire Department Reported the Fire Department have been busy answering calls, both fire and medical. He also stated the Fire Department has partnered with a local dealership that will provide a van for the city's use in the event ofa Hurricane Evacuation. 3. Chief Christopher Reed Police Department Reported the city will have De-Escalation Training on June. 3rd from 9:00. AM-12:00 PM at thel Police Department. This training stems from citizens who have been aggressive with city employees. The department has generated 29 reports since the last meeting and has responded to two vehicle crashes. X. Mayor and Council Comments Elected Officials Councilman Mitchell Boston stated he was still in support ofthel Request for Proposal Bids Councilman Patrick Underwood reported he was proud hel has received the city's bills that hel has asked for. He mentioned Movie Night at. Johnnie Frasier Park on July 4h,t the movie Councilwoman Bridgette Kelly reported shei is happy the city will be applying for an LMIG Mayor Pro Tem Luciria L. Lovette reported that shel has been in contact with Brooke from Hinesville Fence Company. She isp proposing that the fence be erected around the perimeter Councilman Dodd reiterated the importance ofhaving a Hurricane Plan. He stated now is Mayor Sarah B. Hayes stated safety training is essential for the employees. Several employees have encountered citizens who have exhibited aggressive behavior toward them. Mayor Pro Tem Lovette stated she has received several calls from citizen Sylvia Boyd. Ms. Boyd hasl had ongoingp problems with thel buzzards flying from the Meat Market. Mayor Hayes stated she is still in communication with the Meat Market about erecting a for the privatization oft the city's Sanitation Services. that will be shown will be The Lion King. Grant for the repair of Griffin Road. ofthe park and the cost estimate is between 30,000-540,000. the time to plan not when a Hurricane is approaching. fence. 4 XI. Citizens Comments Walthourville Citizens 1.Ms. Gwen Dykes-stated Councilman Boston has stated Sanitation cost is expensive. The city has the people in place toj perform the work, she's not certain outsourcing is the best 2. Mr. Hakeen Cleary-stated he resides on Arnall Drive (dirt roadside) and he would like to ask the city to diga a little trench sO the water will run offinto the ditch instead ofs standing idea. ini the road. XII. Executive Session None XIII. Adjournment: At 7:52 PM a motion to adjourn was made by Councilman Dodd and the second was added by Councilwoman Kelly. Vote:5-0: Motion Carried Unanimously 5 Liberty Consolidated Planning Commission - Report Governing Authority: The City of Walthourville Consol A LCPC) * Ec 20A5 Commy Mayor & Council Date: June 11, 2024 Business License: Business Owner: Address: Success Auto Detailing Uniting Communities, LLC Justin Peek 42 Setter Lane 052B083, Property Owner is Jennifer L. Bable Zoned: R-8 Single-family Residential-8) Comments: Applicant will use a room in the residence as C an office to run the detailing business. Recommendation: APPROVAL 6-5-a4 LCPC Staff: daif fuk) Lori Parks Date Zoning Administrator MALTIDEAA City of Walthourville Business License Division Mailing Address: P.OBox! K Office Location 222 Busbee Road PURVILLE Walthourville, GA 31333 Walthourville, GA: 31333 Phone:912,368-7501 Occupation Tax Certificate Web site address- wcholwattonie.con Application For corporation or limited Liability Company LLC *The application must bet filled out completely to obtain a City of Walthourville Occupation Tax Certificate. Payment must bei filed with the application to obtain a City of Walthourville Occupation tax Certificate. This application will not be processed ifiti is not accompanied by the: appropriate taxi fee. You will not be billed. Please print with ink or type. In order for the appropriate tax or feet to be determined the application accompanied by all appropriate documents must bes submitted inj person. Pursuant to The Georgia Immigration Reform Act that was passed by the State Legislature and signed by the Governor: all persons applying for renewing a City of Walthourville Tax Certificate must provide a secure and verifiable document as required by O.C.G.A! 50-36-1(e) (1) and: sign and notarize the affidavit required by 0.C.6.A50-36-1 (e) (2) and the affidavit required by 0.C.6.A36-60-6 (d). This Business is: &) New Application )Ownership Change / Date ownership changed & Certificate # )lami fillingar name/or address change for Certificate# Detailyg Name business as Svecess Avo Business Phone#5cA) 7UE-Z1#H-8-t Name of Corporation/LLC UnHng communt-es LL Business Address_ 42 SCHY Cane All-hhurst, 6A 31301 Mailing Address_ 52Z W Rivvside A-2 Svt N Seokcne VJY 1191261 Email Address_ Qteakalingrsse gmail Conn Business_ H will be a molile (ar dnd Deat detulingy Full Detailed Description of Service Date Business begani in City of Walthourville #ofe employees in City of Walthourville, State Sales Tax ID# Home Address4z SeHer Lané E-verify# (Requiredi if11or more employees_ Federal ID# 93-2434540 Apti Gty_Alknhuct State_ GR'Zp3130 Owner NameJushn. PeRK, Prasidint SISdES SS# DOB 04041489 *** Alle electrical, mechanical, plumbing, well drilling contractors, mobilel home dealers, mobile home installers, and: anyo other contractor thatis requiredt tol have: as State of Georgial License willber required toa attacha a copy oft the! licenset tot thisa application beforei insurance. ***Aild commercially used building mayb bes subject to ani inspection forf firea ands safetyo code compliance prior to any certificate ofc occupancyor business license! beingi issued. Are you, the applicant the corporation, LLC or any shareholder currently delinquent in payment of any taxes or fees to any state orl local government?. NO fyes, please indicate the type oft tax or fee, and the amount due with the reason thet taxi is delinquent. Ifthis property is zoned residential, no clients Iswear or affirm that Ihave obtained or will obtain Employees, sales, deliveries, storage ofi inventory, within thirty days oft the date oft this applicationa Ore equipment are allowed on the premises. Only City of Walthourville Certificate of Occupancyas One commercial vehicle not to exceed 12,500 Ibs required by the city ordinances. Gross weight used as transportation byt the occupant May be parked at the residence. Iwill comply with the Zoning Restrictions stated above: sP SgnatureSiStine Pesilenklmitins comnun, (initals) LLC affirm that the facts stated by me are true, lunderstand any misrepresentation or fraudulent statement is grounds for automatic dismissal oft this application and/revocation ofthe license. lunderstand that all signs displayed on my premise must be permitted byt the City of Walthourville, Ifurther understand that my business must operated in compliances with all applicable state, federal & local laws, ordinances & regulations, & that the granting of this occupation tax certificate or payment oft this occupation tax does not waive the right of any federal, state or local entity to regulate & enforce laws, ordinances & regulations. understand that all decisions of Business License Division may be appealed to the City of Walthourville. This_ day of 20 Signature of applicant legibly print name_ This application must be approved by the Liberty County Planning Commission Tax Map & Parcel# 0526083 Zoning Classification R8 Date Approved: 6-11-a4 Approved by: i farhes (-5-24 Date the request will be presented to Mayor and Council: ***APPLICANT MUST COMPLETE THE AFFIDAVITS AND PROVIDE ASECURE ANDI VERIFIABLE DOCUMENT** O.C.G.. A.50-36-1(e)2). AFFIDAVIT By executing this affidavit under oath, as an applicant for a loan, grant, tax credit and/or other public benefit, as referenced in O.C.G.A. $ 50-36-1, administered by the Georgia Department of Community Affairs, the undersigned applicant verifies one oft the following with respect to my application for aj public benefit: 2)_ 3)_ DX Iam al United States Citizen. Iam a legal permanent resident of the United States. Iam a qualified alien or non-immigrant under the Federal Immigration and Nationality Act with an alien number issued by the Department of Homeland Security or other federal My alien number issued by the Department of Homeland Security or other federal immigration agency. immigration agency is: The undersigned applicant also hereby verifies that he or she is 18 years of age or older and has provided atl least one secure and verifiable document, as required by O.C.G.A. S 50-36-1(e)(I), with this affidavit. The secure and verifiable document provided with this affidavit can best be classified as: In making the above representation under oath, I understand that any person who knowingly and willfully makes a false fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation ofO.C.G.A. 16-10-20, and face criminal penalties as allowed by such criminal statute. Executed this the_ day of 201 in (city),. (state). *Signature of Applicant Printed! Name of Applicant SUBSCRIBED ANDS SWORN BEFORE ME ON THIS THE DAY OF. NOTARY PUBLIC My Commission Expires: 201_ *This Affidavit must be signed by the same person who executes the Application Certification. Form Letter Secure and Verifiable Documents Under 0.C.G.A.S50-36-2 Issued August 1, 2011 by the Office of the. Attorney General, Georgia The Illegal Immigration Reform and Enforcement Act of2011 ("IIREA") provides that "[n]ot later than August 1, 2011, the Attorney General shall provide and make public on the Department ofLaw's website al list of acceptable secure and verifiable documents. Thel list shall be reviewed and updated annually by the Attorney General." O.C.G.A. $ 50-36-2(f). The Attorney General may modify this list on a more frequent basis, ifr necessary. The following list of secure and verifiable documents, published under the authority of O.C.G.A. $50-36-2, contains documents that are verifiable for identification purposes, and documents on this list may not necessarily be indicative of residency or immigration status. A United States passport or passport card [O.C.G.A. $ 50-36-2(b)(3); 8 CFR $ 274a.2] AUnited States military identification card [O.C.G.A. S 50-36-2(b)(3); 8 CFR $274a.2] A driver'sl license issued by one of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Commonwealth oft the Northern Marianas Islands, the United States Virgin Island, American Samoa, or the Swain Islands, provided that it contains aj photograph of the bearer or lists sufficient identifying information regarding the bearer, such as name, date of birth, gender, height, eye color, and address to enable the identification of the bearer [O.C.G.A. S 50-36-2(b)(3); 8 CFR $ 274a.2] Ani identification card issued by one of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Marianas Islands, the United States Virgin Island, American Samoa, or the Swain Islands, provided that it contains aj photograph oft the bearer or lists sufficient identifying information regarding the bearer, such as name, date ofb birth, gender, height, eye color, and address to enable thei identification of the bearer [O.C.G.A. $50-36-2(b)(3); 8CFR $ 274a.2] A tribal identification card of a federally recognized! Native American tribe, provided that itc contains aj photograph of the bearer or lists sufficient identifying information regarding the bearer, such as name, date of birth, gender, height, eye color, and address to enable the identification of the bearer. A listing of federally recognized Native American tribes tpy/www.biagov/VBOWCAT/BINOS/TbalCovermeaterices/ts/ribalDirectoryind A United States Permanent Resident Card or Alien Registration Receipt Card [O.C.G.A. An Employment Authorization Document that contains aj photograph of the bearer Ap passport issued by a foreign government [O.C.G.A. $50-36-2(b)(3); 8CFRS274a.2] may be found at: ex.htm [O.C.G.A. $ 50-36-2(b)(3); 8 CFR $ 274a.2] $50-36-2(b)(3); 8 CFR $ 274a.2] [O.C.G.A. 85 50-36-2(b)(3); 8 CFR 8 274a.2] Al Merchant Mariner Document or Merchant Mariner Credential issued by the United AFree and Secure Trade (FAST) card [O.CGA850.362000:22CFR:412) States Coast Guard [O.C.G.A. $50-36-2(b)(3); 8 CFR S: 274a.2] ANEXUS card [O.C.G.A. $: 50-36-2(b)(3); 22 CFR $41.2] ASecure Electronic Network for Travelers Rapid Inspection (SENTRI) card [O.C.G.A. A driver's license issued by a Canadian government authority [O.C.G.A. $5 50-36-2(b)(3); AC Certificate of Citizenship issued by the United States Department of Citizenship and Immigration Services (USCIS) (Form N-560 orl Form N-561) [O.C.G.A. 8 50-36-2(b)(3); A Certificate of Naturalization issued by the United States Department of Citizenship and Immigration Services (USCIS) (Form N-550 or Form N-570) 0.CG.A.8503620)0: Ina addition to the documents listed herein, if, in administering aj public benefit or program, an agency is required by federal law to accept a document or other form of identification for proof of or documentation ofi identity, that document or other form of identification will be deemed a secure and verifiable document solely for that particular program or administration oft that particular public benefit. [O.C.G.A. $5 50-36-2(c)] $50-36-2(b)(3); 22 CFRS41.2] 8CFR $274a.2] 6CFRS $37.11] 6CFRS37.11) Private Employer. Affidavit Pursuant To O.C.G.A.S $36-60-6(d) By executing this affidavit under oath, the undersigned private employer verifies one oft the following with respect to its application fora a business license, occupational tax certificate, or other document required to operate al business as referenced in O.C.G.A. $36-60-6(d): Section 1. Please check only one: (A). On January 1" of the below-signed year, the individual, firm, or corporation employed more than ten (10) employees'. *** If you select Section 1(A), please fill out Section 2 and then execute below. (B). 7 On. January 1d of the below-signed year, the individual, firm, or *** If you select Section I(B), please skip Section 2 and execute below. corporation employed ten (10) or fewer employees. Section 2. The employer has registered with and utilizes the federal work authorization program in accordance with the applicable provisions and deadlines established in O.C.G.A. $ 36-60-6. The undersigned private employer also attests thati its federal work authorization user identification number and date of authorization are as follows: Name of Private Employer Federal Work. Authorization User Identification Number Date of Authorization Ihereby declare under penalty of perjury that the foregoing is true and correct. Executed on 201 in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED, AND SWORNI BEFOREI ME ON THIS THE. NOTARY: PUBLIC My Commission Expires:. DAY OF 201 'To determine the number of employees for purposes of this affidavit, a business must count its total number of employees company-wide, regardless oft the city, state, or country in whicht they arel based, working atl least 35 hours aweek. Jenney Lyan able alow DOSTW PRRL 1o opeyate aIs Mbhile (ay and bDat daung fro M My Home at 42 SeHcr Lane Aknhvst, GA 3130L e oy Aieu L BabiQ 412 333-2633 ELOVI90 Pugequ DmibyoRd ZLON DLOVV90 EL08ZS0 2Lo92S0 RGIA £609250 CLO8ZSO 2608290 SLO8ZS0 052B087 052B088 LL08ZS0 9008290 LL08290 £608250 052B090 Sparrow I 0L0920 9808290 0808250 ELO 657BDB2 2808290 8L08Z90 6L08250 6008290 8008290 £208290 X a a 9208250 S/08250 2208290 1008290 ALTHOU CITY OF WALTHOURVILLE MAYOR AND CITY COUNCIL AGENDA ITEM SUBJECT: Liberty County Fire Services IGA OPOLICY/DISCUSSION RESOLUTION/PROCLAMATION (X) AGREEMENT () ORDINANCE SUBMITTED: 06-06-2024 DEPARTMENT: Fire Department BUDGET: IMPACT: Fire Department PUBLIC HEARING? C) ) Yes OCONTRACT OOTHER Council Meeting: 06-11-2024 (X)No PURPOSE: To execute the IGA between Liberty County and the City of Walthourville for the Unincorporated Area (Highway 119) in the amount of $16,000 Annually. HISTORY:Annual IGA with Liberty County. FACTS and ISSUES: NA. RECOMMENDED ACTION: For the Mayor and Council to approve the Liberty County Fire Services IGA. ChiefNicolas Maxwell AGREEMENT FOR PROVIDING FIRE PROTECTION SERVICES WITHIN THE ININCORPORATED AREA OF LIBERTY COUNTY KNOWN ASTHE WALTHOURVILLE FIRE DISTRICT Dated and effective as ofNovember 1,2023 Between Liberty County, Georgia, apolitical subdivision oft the State of Georgia, And The City ofWalthourville ap political subdivision oft the State ofG Georgia. THIS AGREEMENT FOR THE PROVISION OF FIRE SERVICES is made and entered into as of the Ist day of November 2023, by and between LIBERTY COUNTY, GEORGIA, a political subdivision of the State of Georgia, with its office being at 112 N. Main Street, Hinesville, Liberty County, Georgia (hereinafter referred to as the "County"), and THE CITY of WALTHOURVILLE, hereinafter referred to as the "City"). WITNESSETHE WHEREAS, the City is desirous of providing fire protection services to the unincorporated WHEREAS, the City isauthorized to expend monies for this purpose; and WHEREAS, the City desires to offer its services to provide the necessary manpower WHEREAS, the City is willing to provide this service to the citizens of Liberty County NOW THEREFORE, incorporating the foregoing recitals, and in consideration ofthe mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby expressly acknowledged, the County and the City citizens ofLiberty County; and and equipment to ensure the safety ofthe citizens; and mutually agree and bind themselves as follows: Replacing Prior Agreements. Any and all agreements, underslandings, or contracts that may presently exist between the County and the City regarding the subject matter hereof, whether written or oral, are hereby mutually rescinded, canceled, and annulled. 2. Services Provided. During the term of this Agreement, the City agrees to provide certain fire protection and rescue services including, assistance on medical calls, and other public assistance as needed for the benefit of the residents of the that portion of the unincorporated area ofthe County designated as the Walthourville response area. The City agrees that it will at all times during the term of this agreement faithfully, industriously, and to the best of its ability, provide the Services described herein to the entire satisfaction of the County. The City agrees toy provide said services following procedures set forth by GFSTC and NFPA Standards as established and pursuant to response zones and protocols as set by the County. 3. Term of Agreement Termination. 1. (a) Term. Unless sooner terminated as set forth herein, the City shall provide the Services specified in this Agreement for a period of eight (8) months, commencing as ofthe date hereof and terminating at midnight on June 30, 2024. (b) Termination Generally. Notwithstanding any other provision of this Agreement tot the contrary. the City may terminate this Agreement at any time during its term, for any or no reason, with or without cause, upon sixty (30) days' written notice to the County ofit its intent to sO terminate. (c) Termination for Reasonable Cause. In addition to, and not by limitation of, the rights of the City specified in subparagraph (b) herein above, this Agreement may also be terminated by the City at any time without prior notice upon a determination by the governing authority ofsaid City that reasonable cause" exists for such termination. Reasonable Cause" shall be defined for the purposes ofthis Agreement as being: gross negligence, willful misconduct, or recklessness: or (i) Any act or omission which reasonably constitutes dishonesty, fraud, deceit, (ii) Inattention to, neglect of, or any other failure to competently perform the Services described hereunder: in the manner and to the extent required int this Agreement, and failure to cure or otherwise satisfactorily address the same following ten (10) days' written notice Upon the termination ofthis Agreement, neither parly shall thereafter have any further rights, duties or obligations under this Agreement, but each party shall remain liable and responsible to the other for all obligations and duties hereunder accruing prior to said termination and fora all acts thereof. and omissions ofsuch party prior to: such termination. 4. Compensation. In consideration of the satislactory performance of the Cnys obligations under this Agreement. the County agrees to pay the City $16.500.00amnually pursuant to approved call criteria as: set by Liberty County Fine Services- Payment requests shall be submitted quarterly and shall be accompanied by an invoice and a copy of reports indicative of all calls answered in the response area. 5. Representations of Service Provider. In order to induce the County to enter into this Agreement and provide the funds described herein, the City represents and warrants to the County as follows: (a) Oreanizationand Power. The City is an municipal corporation duly organized, validly existing. and in good standing under and by virtue of the laws of the State of Georgia, and has all requisite power and authority to own its asset, to transact the business in which it is now engaged or proposed to be engaged, and to enter into and perform its obligations under this Agreement. (b) Authority. The city has the power to make, deliver and perform this Agreement, and has taken all necessary action to authorize the execution, delivery and performance of this Agreement. This Agreement constitutes the valid obligations of the City. legally binding upon it and enforceable in accordance with its terms. No further consent or approval ofany other party is required in connection with the execution, delivery, performance, validity and enforcement of this Agreement. (c) NoMateriall Litigation. There is no action, suit or procecding pending or threatened against or affecting the City before any court. arbitral body. governmental department, commission, board or other federal, state, county, or municipal instrumentality. agency or authority which might, in any one case or in the aggregate, materially or adversely affect the ability oft the City to fully and satisfactorily discharge its obligations under this Agreement. (d) No Conflicting Agreements. The execution, delivery and performance of this Agreement will not violate any agreement, contract, undertaking, instrument., or other agreement to which the County is party or which purports to be binding upon the City. The City is not ind default in any material respect in the performance, observance. or fulfillment ofany of the obligations. covenants. or conditions contained in any agreement, contract, instrument, or other document to which it is a party. Furthermore. the execution. delivery and performance of this Agreement does not violate the provisions of the City's Articles of Incorporation, Bylaws, Partnership Agreement, Articles of Organization, Operating Agreement. or other similar corporate document(s) (as the case may be). (e) Information. All representations, warranties and other information heretofore or hereafter furnished by the City to the County is or will be true and correct as of the date such information was furnished. 6. Nol Liability of Citv: Indemnity. (a) No Liability of Counly. The Service Provider will be entirely and solely responsible and liable for all acts and omissions of the Service Provider and its agents, employees and contractors while engaged in the performance of the Services contracted for hereunder, and the City shall in no event be liable for any injury or damage toj person or property resulting from any such Services. (b) Indemmification. The provisions of this Agreement notwithstanding, and in addition to any other indemnities in favor of the County specifically provided for herein, the City agrees to fully protect, defend, indemnify and save the County and its officials, representatives, agents, and employees harmless against and from any and all liabilities, claims, suits, proceedings, damages, demands, penalties, judgments, costs and expenses (including but not limited to litigation expenses and reasonable attorneys' fees) of every kind and nature, arising out ofany negligent act or omission ofCity or its agents, employees, representatives, or contractors; provided that if a court of competent jurisdiction determines that any of the provisions of this paragraph violate O.C.G.A. Section 13-8-2 and are applicable to this Agreement, the indemnity contained in this Agreement shall not extend to any indemnification which is prohibited by O.C.G.A. Section 13-8-2, but the remainder ofthis indemnification shall be unaffected. 7. Insurance and Other Bonds. At all times during the term ofthis Agreement, the City shall, at its sole cost and expense, maintain in effect the following bonds and policies of insurance in form, substance, insurer, and amount (where not expressly stated herein) reasonably satisfactory to the County: (i) general comprehensive liability insurance in amounts of not less than one million ($1,000,000.00) dollars per occurrence; (ii) worker's compensation insurance as required by law; (ini) motor vehicle liability and property damage insurance if not provided by the policies referenced in subpart (i) hereinabove. The City will promptly pay or cause to be paid the premiums on all such insurance on or before the due date thereof, and the City shall provide to the County evidence of such bonds and policies of insurance with paid receipts or such other proof of payment as may reasonably be required. The fact that the City is either required to furnish and maintain liability insurance or that the City shall furnish and maintain the liability insurance as provided in this paragraph does not relieve the City ofi its obligation to indemnify and save the County harmless from and against those claims and damages set forth in Paragraph 81 hereof. 8. Non-Transferabilty, This is a personal agreement between the parties hereto, and the City's rights and/or obligations under this Agreement may not be sold, transferred, assigned, pledged, or hypothecated in any manner without the prior written approval ofthe County. 9. Severabilitv of Provisions. Ifa any provision of this Agreement or the application ofany such provision to any person or circumstance is held unenforceable or invalid for any reason, then provided that the essential consideration for entering into this Agreement on the part of any party is not unreasonably impaired, such provision or portion thereofs fshall be modified or deleted in such manner as to render this Agreement legal and enforceable to the fullest extent permitted under applicable law. 10. Modification. Any modification, amendment or other change to this Agreement, or additional obligation assumed, by either party in connection therewith shall be binding only ifevidenced in writing signed by each party or an authorized representative ofeach party. 11. Waiver. No failure by the County to insist upon the strict performance of any term or condition of this Agreement or to exercise any right or remedy available to it will constitute av waiver. No breach or default of any provision of this Agreement will be waived, altered or modified, and the County may not waive any of its rights, except by a written instrument executed by the County. No waiver of any breach or default will affect or alter any term or condition of this Agreement, and such term or condition will continue in full force and effect with respect to any other then existing or subsequent breach or default thereof. 12. Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to the subject matters addressed herein, and supersedes any and all prior or contemporancous agreements, discussions, representations, or understandings between them, whether written or oral, with respect to said subject matters. The City further acknowledges that no promises, representations, inducements, agreements, or warranties, other than those set forth herein, have been made to induce the execution of this Agreement by the City, and the City acknowledges that it has not executed this Agreement in reliance on any promise, epresentation,malucemen, or warranty not contained herein. 13. Neutral Construction. The parties hereto acknowledge that this Agreement was jointly negotiated and reviewed by them, and therefore no provision of this Agreement shall be construed against either party by any Court or other judicial or arbitral body by reason of such party's being deemed to have drafted or structured such provision. 14. Governing Law: Venue. THIS AGREEMENT HAS BEEN EXECUTED IN THE STATE OF GEORGIA AND SHALL BE GOVERNED BY AND CONSTRUED IN ALL RESPECTS IN ACCORDANCE WITH THE LAW OF THE STATE OF GEORGIA. THE COUNTY AGREES THAT ANY ACTION RELATING TO, OR ARISING OUT OF, THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER SHALL BE INSTITUTED AND PROSECUTED IN THE COURTS OF THE COUNTY OF LIBERTY, STATE OF GEORGIA, AND THE COUNTY AGREES TO SUBMIT, AND DOES HEREBY SUBMIT, TO THE PERSONAL AND EXCLUSIVE JURISDICTION AND VENUE OF THE SAID COURTS OF THE COUNTY OF LIBERIY,STATE OF GEORGIA. 15.Counternarts. This Agreement may be executed in multiple counterparts, each of which shall serve as an original for all purposes, but all copies shall constitute but one and the same Agreement, binding on all parties hereto, whether or not each counterpart is executed by all parties hereto, so long as each party hereto has executed one or more counterparts hereof. 16. Survival of Representations All terms, conditions. covenants, representations, and warranties contained in this Agreement ini favor ofthe County. or any certificate or other writing delivered pursuant hereto or in connection herewith shall survive indefinitely (or for any lessor period stated herein) any investigation made by the County and the expiration of this Agreement. [Signatures Appear on Following Page] [Agreement Pursuant toO.C.G.A. S 15-21-1O(b)] IN WITNESS WHEREOF, the parties hereto have executed this Agreement under seal as ofthe day and year shown above, and same shall be considered binding upon both parties. CITY OF WALTHOURVILLE, GEORGIA (OFFICIAL SEAL) By: Attest: Mayor City Clerk Signed, sealed, and delivered in The presence ofast to City: Witness Notary Public My Commission Expires: (NOTARY SEAL) LIBERTY COUNTY BOARD OF COMMISSIONERS Date: By: (OFFICIAL SEAL) Donald L. Lovette, Chairman Attest: Joseph W. Brown, Administrator the presence of as to County: Witness Notary Public My Commissioner Expires: (NOTARY SEAL) ALTHOU CITY OF WALTHOURVILLE MAYOR AND CITY COUNCIL AGENDA ITEM SUBJECT: CKH Consulting, LLC DPOLICY/DSCUSSION ORESOLUTION/PROCLAMATION G)AGREEMENT ORDINANCE SUBMITTED: 05-28-2024 DEPARTMENT: City ofWalthourville BUDGETIMPACT: AII Departments PUBLICI HEARING? C ) Yes OCONTRACT OOTHER Council Meeting: 06-11-2024 (X)No PURPOSE: To approve the appointment ofCKH Consulting, LLC as the City's CPA Firm. HISTORY:City CPA provides Financial advice, support and compiles the city's Annual Budget. FACTS and ISSUES: NA. RECOMMENDED ACTION: For the Mayor and Council to appoint CKH Consulting, LLC: as the city's CPA Firm. This item was presented at the May 28th Workshop Meeting and the City's Regular Meeting. CiyoWallhourville Mayor and Council GROUP We are a small business CPA firm offering powerful government contracting solutions in the areas of assurance, tax, accounting, and advisory to Federal, State, and Local governments. We have deep roots in Atlanta, Georgia, supplemented by 20+ years of local expertise and international experience Our Core Competencies Are Audit/Assurance, Payrol/Accounting. State and Local Tax, and Staff across the globe. Augmentation/ Advisory & Consulting. ALTHOU CITY OF WALTHOURVILLE MAYOR AND CITY COUNCIL AGENDA ITEM SUBJECT: VC3 AGREEMENT ORDINANCE SUBMITTED: 06-06-2024 DEPARTMENT: City ofWalthourville BUDGET IMPACT: City ofWalthourville PUBLIC HEARING? C ) Yes DPOLICY/DISCUSSION RESOLUTIONPROCLAMATION OCONTRACT (X)OTHER Council Meeting: 06-11-2024 (X)No PURPOSE: To provide an update on the City's Citizen Alert Notification System. HISTORY: The notification system will allow citizens to enroll via phone number or email to receive City Update Alerts. FACTS and ISSUES: NA. RECOMMENDED ACTION: Informational Only. Mayor Sarah B. Hayes