CITY OF HAMPTON MAYOR AND CITY COUNCIL REGULAR SESSION AGENDA May 14, 2024, 6:30 P.M. COUNCIL CHAMBER, CITY HALL 171 EAST MAIN: STREET SOUTH, HAMPTON, GA 1. Opening Ceremonies. A. Call to Order. B. Invocation by Pastor Taylor Fleury of Calvary Baptist Church, 109 Oak Street, Hampton, GA 30228 C.P Pledge of allegiance to the flag. 2. Presentation and Approval of City Council Agenda A. Regular Session Meeting Agenda for May 14, 2024 Presentation and Approval of City Council Minutes 3. A. Public Hearing Summary Meeting Minutes for April 9, 2024, and Regular Session Summary Meeting Minutes for April 9, 2024. 4. Acknowledgement of Guest (s) Proclamations, Resolutions, and Plaques. A. National Public Works Week May 19-25, 2024 Proclamation B. Municipal Clerks Week May 5-11,2024 Proclamation 5. 6. Public Comments Youth Council Update A. Camila Ayala and Paris McGee City Manager's Update Unfinished Business 7. 8. A. Consideration and action on the adoption of Ordinance No. 2024-08 (Second Read); Part II - Code ofOrdinance, Chapter 86, Article II. Water Services, Section 86-48. Nonportable Water Systems. This is pursuant to the requirement oft the Metro Water District-Water B. Consideration and action on the adoption of Ordinance No. 2024-09 (Second Read); to amend the Hampton Code of Ordinance PARTII-CHAPTER 18 - BUILDINGS AND BUILDING REGULATIONS. TO AMEND ARTICLEIIL. FLOW RATE RESTRICTIONS ON PLUMBING FIXTURES. SEC. 18-61 TO 70; TO PROVIDE FOR AN ADOPTION AND EFFECTIVE DATE; AND TOI PROVIDE FOR OTHER LAWFUL PURPOSES. Efficiency Code. (PASSED 5-0 Unanimous/040923) Agenda 05/14/24 Page 1 of2 (PASSED 5-0 Unanimous/040925) 9. Consent Agenda NONE End of Consent Agenda 10. New Business. A. Consideration and action on Ordinance 2024-10 to update the GMEBS-R City of Hampton 2023-2025 Defined Benefit Retirement Plan to comply with the PATH Act and other applicable B. Consideration and Action on approval ofMemorandum of Understanding between the City of Hampton and Jeremy P. Faulkner Post 330 ofthe American Legion to allow Post 330 to use, without fee, the meeting room within the Catherine Williams Center for monthly meetings based C. Consideration and action on Resolution 2024-15 to enter into a contract with InterDev for IT Services for the City of Hampton, allowing the City Manager to negotiate the contract and D. Consideration and action on the Statewide Mutual Aid Agreement (SWMAA) to enter into the agreement with the State of Georgia to facilitate assistance in the event ofa a natural or man-made federal laws and guidance under IRS Notice 2020-14. on a schedule tol be provided by Post 330 prior use. allowing the Mayor to sign the contract. disaster. E. Consideration and action to approve Resolution 2024-17 to submit an application for Transportation Improvement Program ("TIP"). grant funding from the Atlanta Regional Commission ("ARC") through the Livable Centers Initiative (LCI) Program grant. The requested funding is for the construction ofaj pedestrian bridge that will connect sections of West King Road that were severed in conjunction with the construction ofGA HWY 20. The proposed Resolution authorizes staff to complete the TIP grant application for FY2025. F. Consideration and action to approve Resolution 24-05-02, aj joint resolution between the Cities of Hampton, Locust Grove, McDonough, and Stockbridge, and the Henry County Government for enhancing communication, collaboration, and transparency in developmental activities through the adoption of the "Good Neighbor Policy." 11. Positive Happenings. 12. Executive Session for the purpose ofl legal, personnel, real estate, and/or Cyber Security. 13. Adjournment. ADA Compliance: Individuals with disabilities who require certain accommodations to allow themt to observe and/or participate in this meeting, or who have questions regarding the accessibility of the meeting, or the facilities are required to contact the City Clerk at 770-946-4306 promptly on the' Thursday before to allow the city to make reasonable accommodations for those persons. Agenda 05/14/24 Page 2 of2 Public Hearing Summary Minutes City of Hampton Mayor and City Council April 19, 2024 6:00 p.m. Notice is hereby given that the City of Hampton Mayor and City Council will hold a Public Hearing on April 9, 2024, at 6:00 p.m. at Hampton City Hall located at 17 East Main Street South, Hampton, GA, for the following purposes: Present: Mayor Ann Tarpley and Mayor Pro Tem Sheila Barlow Counclilmembers: Devlin Cleveland, Pamela Duchesne Kesha White-Williams, and Marty Meeks Staff: City Manager Alex Cohilas, City Clerk Rashida Fairley, Finance Director Lenox Forsythe, Community Development Director Wanda Moore, Human Resource Director Andrea Atwater, Interim Public Works Director Justin Conner, Police Chief James Turner, IT Director Ben Brengman, Main Street Director Kenda Woodard, City Attorney L'Erin Wiggins, Planner Tiffany Dobbins & Executive Assistant to the City Manager Carmen Blount Absent: Councilmember Willie Turner 1. Opening Ceremonies A. Call to Order ACTION: Mayor Tarpley called the meeting to order at 7:00 pm 2. Tol hear from the public regarding an ordinance; Part Il- Code of Ordinance, Chapter 86, Article II. Water Services, Section 86-48. Nonportable Water Systems. Article III. Flow Rate Restrictions On Plumbing Fixtures Section 18.62-70. Definitions, Maximum Flow and Water Consumption Standards, Landscape Irrigation System Efficiency Requirements, Productlabeling, Exceptions, Penalties for Violation, Compliance and Enforcement, and Variable Conditions. This is pursuant to the requirement of the Metro Water District-Water Efficiency Code. ACTION: Director Moore explains the request. ACTION: Mayor Tarpley called for all in favor of the request. NONE ACTION: Mayor Tarpley called for all in Opposition to the request. NONE 3. Adjournment ACTION: Adjourned at 6:03 pm PH Summary Minutes 4924 Page 1of2 Ann N. Tarpley, Mayor Rashida Fairley, City Clerk ADAComplance: Indiudualsy with disabilities whor requirecertaint accommodationsi toa allowt them1 too observe: and/or partiapatel int thisr meeting, orv who have questions regardingt the casbiryaftinemeting. arthef facitties arerequiredi tocrtatheciycie*: at7 770-946-4306 promptly byt the Fridaybeforet to allow thecitytor make reasonable: accommodationsfort those persons. Page 2of2 PH Summary Minutes 4924 CITY OF HAMPTON MAYOR AND CITY COUNCIL REGULAR SESSION SUMMARY MINUTES April 9, 2024, 6:30 P.M. COUNCIL CHAMBER, CITY HALL 171 EAST MAIN STREET SOUTH, HAMPTON, GA Present: Mayor Ann Tarpley and Mayor Pro Tem Sheila Barlow, Councilmembers: Devlin Cleveland, Pamela Staff: City Manager Alex Cohilas, City Clerk Rashida Fairley,Community Development Director Wandal Moore, Human Resource Director Andrea Atwater, Interim Public Works Director Justin Conner, Police Chief. James Turner, Captain Chaundra Brownlee, ITI Director Ben Brengman, Main Street Director Kenda Woodard, City Attorney L'Erin Wiggins, Planner II Tiffany Dobbins, Financial Advisor Ed Wall, & Executive Assistant to the Duchesne, Kesha White-Williams, and Marty Meeks City Manager Carmen Blount Absent: Councilmember Willie Turner 1. Opening Ceremonies. A. Call to Order. ACTION: Mayor Tarpley called the meeting to order at 6:30 pm B. Invocation by Associate Pastor Ramon Thomas, Zion Baptist Church, 17 West King Rd., Hampton, GA3 30228 ACTION: Associate Pastor Ramon Thomas led the invocation. C.P Pledge of allegiance to the flag. 2. Presentation and Approval of City Council Agenda A. Regular Session Meeting Agenda for April 9, 2024 ACTION: Approve the April 9, 2024, Agenda. MOTION: Councilmember Duchesne SECOND: Councilmember Cleveland PASSED: (5-0) Unanimous 3. Presentation and Approval of City Council Minutes A. Public Hearing Summary Meeting Minutes for March 6, 2024, and Special Called Summary Meeting ACTION: Approval of Public Hearing and Special Called Summary Meeting Minutes from March 6, 2024. Minutes for March 6, 2024. MOTION: Mayor Pro Tem Barlow SECOND: Councilmember Meeks PASSED: (5-0) Unanimous Summary Minutes 04 09.24 4. Acknowledgement of Guest (s) Proclamations, Resolutions, and Plaques. Page 1of5 A. Proclamation proclaiming April 2, 2024, World Autism Day ACTION: Mayor Tarpley reads the proclamation for World Autism Day. 5. NONE Public Comments 6. Youth Council Update A. Travis Swain, Jr. Mayor Tarpley gave an update on the Youth Council. 7. City Manager's Update I. Police Department Update II. First Quarter Financials III. Homestead Exemptions IV. NLC Report V. Electrical Grid Update VI. Coley Park Lighting Unfinished Business 8. A. Consideration and Action on the adoption of Ordinance 2024-07 (Second Read) for the property owner's request (Amy Wilkerson) for a conditional use permit for property located at 9 North Avenue (Parcel ID: No. H09-02007000) Hampton, GA 30228, zoned R-2 (Single-family Residential), to allow for an accessory structure in accordance with Appendix A. Zoning, Article 3. Sec. 3-21. and Appendix A. Zoning, Article 5. Sec. 5-11. Allowed Uses. (PASSED 5-0 Unanimous/03623) ACTION: Approval of Ordinance 2024-07 (Second Read). MOTION: Councilmember Cleveland SECOND: Councilmember Meeks PASSED: (5-0) Unanimous 9.Consent. Agenda NONE End of Consent Agenda 10. New Business. A. Consideration and action on the appointment ofa Board Member serving on the Downtown Development Authority (DDA). Theodore Brown December 2027 Summary Minutes 040 0924 Page 20f5 ACTION: Nominating Theodore Brown to the DDA. MOTION: Councilmember Cleveland SECOND: Councilmember White-Williams Rescinded by Councilmember Cleveland Councilmember Duchesne asked why her nominee Sherry Chaney was not listed as a nominee since she was the Mayor Tarpley stated that the list starts over each time. Councilperson White-Wiliams, who is also the Chairperson for the DDA let her know that there was a vacancy on the DDA and that she had a nominee to fill Councilmember Duchesne stated that she wasn't notified that there was a vacancy to bring forth a nomination. Councilmember White-Williams stated that she had already spoken to Mr. Brown concerning his service on the DDA or HDA. She stated that she spoke to Mayor Tarpley after a member of the DDA was removed for cause. next person on the list from the last time. it. She also stated that Mr. Brown was nominated for the HDA last time. Mayor Tarpley asked if Councilmember Duchesne wanted to add her nomination. Councilmember Duchesne stated that she did. Attorney Wiggins stated that the council would need to rescind the current motion and open the floor for Sherry Chaney stated that she just wanted to serve her community to make ani impact. She stated that she wanted Mayor Tarpley stated that each authority, committee, board, or commission has different rules. For the authorities (DDA & HDA) there is an application that must be filled out. The City Clerk will collect the applications in order that they are received and add them to the agenda to the voted up and down by the board nominations. tol know the process for nominating a person to a committee for board. asawhole. Mayor Tarpley opened the floor for nominations to the DDA to fill a vacancy. Councilmember White-Williams nominated Theodore Brown. Councilmember Duchesne nominated Sherry Chaney. Mayor Tarpley asked if there were any more nominations. The council stated no. name ofa nominee. Mayor Tarpley closed the floor for nominations and called for a motion to fill the vacancy in the DDA with the ACTION: Nominating Theodore Brown to the DDA. MOTION: Councilmember Cleveland SECOND: Councilmember White-Williams PASSED: (4-1) Opposed by Councilmember Duchesne B. Consideration and action on the adoption of OrdieNa,DAREin. Read); Part II- Code of Ordinance, Chapter 86, Article II. Water Services, Section 86-48. Nonportable Water Summary Minutes 0409:24 Page 30 of5 Systems. This is pursuant to the requirement oft the Metro Water District-Water Efficiency Code. ACTION: Approval of Ordinance 2024-08. MOTION: Councilmember White Williams SECOND: Mayor Pro Tem Barlow PASSED: (5-0) Unanimous . Consideration and action on the adoption of Ordinance No. 2024-09(First Read); )to amend the Hampton Code ofOrdinance PARTI II - CHAPTER 18 - BUILDINGS AND BUILDING REGULATIONS. TO AMEND ARTICLE IIL. FLOW RATE RESTRICTIONS ON PLUMBING FIXIURES. SEC. 18-61 TO 70; TO PROVIDE FOR AN ADOPTION AND EFFECTIVE DATE; AND TOPROVIDE FOR OTHER LAWFUL PURPOSES. ACTION: Approval of Ordinance 2024-09. MOTION: Councilmember Duchesne SECOND: Councilmember Cleveland PASSED: (5-0) Unanimous D. Consideration and Action to approve Resolution 2024-13 to submit an application for Transportation Improvement Program ("TIP") grant funding from the Atlanta Regional Commission (ARC) through the Livable Centers Initiative (LCI) Program grant. The requested funding is for the design and construction of the East King Street Realignment project. ACTION: Approval of Resolution 2024-13. MOTION: Mayor Pro Tem Barlow SECOND: Councilmember White-Williams PASSED: (5-0) Unanimous Director Moore requested letters of support for the project. E. Consideration and Action to approve Resolution 2024-14 on the Office oft the City Clerk designation as the Open Records Officer. ACTION: Approval of Resolution 2024-14. MOTION: Councilmember Cleveland SECOND: Mayor Pro Tem Barlow PASSED: (5-0) Unanimous F. Consideration and. Action on the Approval ofal New Alcohol License for 1000 Bear Creek Blvd LLC, DBA Exxon Food Mart: (Payment has been received, and al background check was completed and cleared on the licensee by Hampton Police Department fingerprints processed by Gwinnett County Sheriff's Department.) ACTION: Approval of 1000 Bear Creek Blvd LLC, DBA Exxon Food Mart's Alcohol License. MOTION: Councilmember Duchesne SECOND: Councilmember White-Williams Summary Minutes 04/09/24 Page 4 of5 PASSED: (5-0) Unanimous 11. Positive Happenings. Councilmember Duchesne: City Manager Cohilas did a good job with the information getting Councilmember Cleveland: Spoke about the importance of the National League of Cities Conference in Washington, D.C. in getting federal money to assist in fixing thei infrastructure Mayor Pro Tem Barlow: Thanked staff for keeping everything together during the DC trip. Councilmember Meeks: Wanted everyone to remember Mayor Price as he passed in March. Councilmember White-Williams: The Nation League of Cities Conference was an amazing experience. It was great to meet other council members from around the country and glean Mayor Tarpley: The work is done at the staff level. Carmen and Rashida kept us together. The relationships that we built on the federal level were priceless. Ms. Wanda is always available and on time. Mr. Cohilas brings so much knowledge. The local day of prayer is May 2, 2024. Lastly, Skip Latham, who has been working with the City on infrastructure projects for the last four (4) years passed this weekend. Please keep all that knew him in prayer during this us some cash out of our DC trip. issue that we have in our city. He was a friend of Hampton and will be sorely missed. best practices from them. trying time. 12. Executive Session for the purpose ofl legal, personnel, real estate, and/or Cyber Security. NONE 13. Adjournment. ACTION: Adjournment @ 7:53 PM MOTION: Councilmember Cleveland SECOND: Councilmember White-Williams PASSED: (5-0) Unanimous Ann N. Tarpley, Mayor Rashida Fairley, City Clerk ADA Compliance: Individuals with disabilties who requirc certain accommodations to allowt them to observe andior participate int this meeting. or who have questions regarding the: accessibility oft the meeting. or the facilities are requircd to contact the City Clerk at770-946-4306 promptly ont the Thursday beforc to allow the city to make reasonable. accommodations for those persons. Summary Minutes 04 09:24 Paye5ofs 4 Proclamation National Public Works Week May 19-25, 2024 Proclamation WHEREAS. public works professionals focus oni infrastructure. facilities. and servicest that are ofv vital importance to sustainable and resilient communilies and to the public health. high quality of life, and well-being ofd the people ofthe City WHEREAS. thesei infrastructure. facilities, and services could noth be provided without the dedicaled efforts ofp public works professionals. who are engineers, managers, and employees at alll levels ofs govemnment and the priva ate: sector, who are responsible for rebuilding. improving, and protecting our nation' s transportation. watcr supply, waler treatment and solid waste systems. public buildings. and other structures and facilities essential for our citizens; and WHEREAS. itisi int the public interest fort the citizens, civic leaders. and children int the City of Hampton, GA tos gain knowledge of and tor maintain and ongoing interest and understanding ofthe importance ofp public works and public works WHEREAS, the year 2024 marks the 64th annual National Public' Works Weeks sponsored by the American Public Works Now, THEREFORE I. Inn N. Tarpley. Mayor of the C'ity of Hampton. do hereby proclaim May 19-25, Z024. "Nationall Public Works Weck" to be celebrated in the City of Hampton and urye cifizens to celebrate this Inmicness therenf. I. Mayor hnn: N. Turpley. have hereunto set my hand and caused the Seal (o be: uffived this 14th of Hampton, GA; and programs int their respective communities; and Association/Canadian Public Works Association; and auspicious occasion. day ofMlay in the vear 1O rhousand two enty-four. ATTESI Inn N. Tarpley, Mayor Rashidu Fairley. City. Clerk A M ORGI Proclamation RECOGNIZING MAY 5-11,2024 IN' THE CITY OF HAMPTON AS THE 55th ANNUAL PROFESSIONAL MUNICIPAL CLERKS WEEK WHEREAS: The Office ofthe Professional Municipal Clerk, a time-honored and vital part oflocal WHEREAS: The Office of the Profèssional Municipal Clerk is the oldest among public. servants, WHEREAS: The Ofice of the Professional Municipal Clerk provides the professional link between the citizens, the local governing bodies, and agencies of8 government at other levels, and WHEREAS: Professional Municipal Clerks have pledged to be ever mindful of their neutrality and WHEREAS: The Professional Municipal Clerk serves as the information center onj functions of WHEREAS: Professional Municipal Clerks continually strive to improve the administration of the affairs ofthe Office oft the Professional, Municipal Clerk through participation ine education programs, seminars, workshops, and the annual meetings of their state, provincial, county, and WHEREAS: Iti is most appropriate that we recognize the accomplishments of the Ofice oft the NOW, THEREFORE I, Ann N. Tarpley, Mayor of the City of Hampton, do hereby proclaim May 5-11, 2024, as Professional Municipal Clerks Week and further extend appreciation to our Professional Deputy Municipal Clerk Susan King, our Professional Municipal Clerk Rashida Fairley, and to all Professional Municipal Clerks fort the vitals services they perform and their exemplary In witness thereof, I, Mayor Ann N. Tarpley, have hereunto set my hand and caused the. Seal to be government exists throughout the world, and and impartiality, rendering equal service to al!; and local government and community. international, professional organizations, and Professional Municipal Clerk. dedication to the communities they represent. affixed this 14th day ofl May in thej year two thousand twenty-four. ATTEST Ann N. Tarpley, Mayor Rashida Fairley, City Clerk Type of Request ORD. 2024-08 Chapter 86.Article 2.Water Service. Sec. 86-41 to 49 Department Requesting Agenda Item Community Development Department Exhibit Attachments st for Agenda Item: ITEM# 8A. City of Hampton LEGISLATIVE SUMMARY GEORGI Meeting Date: May 14, 2024 Action Type: Action by City Council Forir nformationaldiscusson purposes only Presenter: 1) ORD. 2024-08 2) DCAI Letter 3) 4) 5) 6) Wanda D. Moore, Director Agenda Item: Item 8A. Old Business. Consideration and action on the adoption of ORD. 2024-08 (Second Read) to amend the Hampton Code of Ordinance PART II - CHAPTER 86 - UTILIITIES. TO AMEND ARTICLE II. WATER SERVICE. SEC. 86-41 TO 49; TO PROVIDE FOR AN ADOPTION AND EFFECTIVE DATE; AND TO PROVIDE FOR OTHER LAWFUL PURPOSES. Background/Summay: Second read. Financial mplcaionsConsoeratons -Isp project! budgeted? -Will project require the use of Fund Balance? lfyes, please state amount $ -Will the project require funds? -Is project grant funded and will require a and thoset funds arelare not budgeted. Nn/a Nnla Nnla Nnla Nnla Y Y_ Y. % match -Is this request a Capital Project andp part of Capital Project List? Additional CommemsRecommendtons Staff recommends approval of proposed updates in accordance with O.C.G.A. S 8-2-25(c) pursuant to Metro Water District-Water Eficiency Code which is specific to the local Metro Water District 15-county region as part of their 2022 Water Resources Management Plan update of which the City of Hampton is part. ORDINANCE NO. 2024-08 AN ORDINANCE TO AMEND PART H- - CHAPTER 86 - UTILITIES.TO AMEND. ARTICLE II. WATER SERVICE. SEC. 86-41TO 49; TO PROVIDE FOR AN ADOPTION ANDI EFFECTIVE DATE; AND1 TO PROVIDE FOR OTHER LAWFUL PURPOSES. THE COUNCIL OF THE CITY OF HAMPTON HEREBY ORDAINS: Section 1. That Section PARTI II- CHAPTER 86 - UTILITIES. TO AMEND ARTICLE II. WATER SERVICE. Section 2. That Section PARTII - CHAPTER 86 - UTILITIES. TO AMEND ARTICLE II. WATER SERVICE. SEC. 86-41TO49. SEC. 86-41TO 49 shall read: ARTICLEI. WATER. SERVICE.1 Sec. 86-41. Digging, drilling or boring well for water, consent required. Nop property owner, occupant, tenant, orl lessee will be allowed to dig, bore or drill within the city limits for the purpose of obtaining water: for residential, commercial ori industrial purposes without firstf filing an application with the city, paying an inspection fee as fixed from time to time by the mayor and council, and obtaining a written consent from the mayor and council. Any person installing a private well shall execute an agreement with the city stating that: should facilities become available tot the: subject property that suchp person shall agree to connect onto the city watert facilities and payt ther required tap- on fees and deposits att the time thosef facilities are made available tos such property owner. If water servicei is available to the property, wells will not be allowed, except for irrigation purposes. However, the well must be approved by the city before installation thereof. (Ord.No. 77,52.01, 10-12-93) Sec. 86-42. Application for water service, security deposit. (a) The consumer shall make application for water and sewer: service in person at the city hall and at the same time shall make a cash security deposit as provided in the schedule of fees and charges oni file in the office of the city clerk for water ands sewer service. The city shall be authorized to uses such deposits forp payment of any delinquent balance, service charges, fines and penalties owed byt the consumer to the cityf for water ands sewer (b) Security deposits for residential consumers shall be refundable upon termination of service, provided that the deposit shall first be used for payment of any services, service charges, fines or penalties owed by the (c) Security deposits for nonresidential consumers shall ber refundable when the consumer: shall haver maintained its account for water and sewer service with the city for 24 months without any delinquency or upon termination ofs service, provided that the deposit isr not required for payment of anys services, service charges, fines and penalties owed by the consumer to the city for water and sewer service. Consumers who have service. consumer to the city for water and: sewer service. Cosreeencty-Wate. service generally, 58 86-41 et seq.; water conservation, 58 86-161 ets seq. Page 1of4 maintained nonresidential water and sewer accounts with the city without delinquency for 12 months as of December 21, 1994, shall be entitled toi immediately apply fora a refund oft theirs security deposits. (Ord.N No. 77,52.02, 10-12-93; Ord. No.77A, 51,12-21-94) Sec. 86-43. Connection fee. (Ord. No. 77,52.03, 10-12-93) Sec. 86-44. Connection expenses. Each consumer subscribing for the use of the water service of the city shall paya a nonrefundable connection fee as fixed from time to time byt ther mayor and council. (a) All costs and expenses instant to the connection of the water service from the owner's building to the city's meter shall be borne by the owner. The owner shall indemnify the city from any! loss or damage that may be directly or indirectly occasioned byt the connection oft the building to the water system. (b) The connection to the city's water line, together with the installation oft the meter, shall be made byt the city. (c) The owner: shall bear all costs and expenses (labor, materials, etc.) for the construction of the water linef from the owner's property' line to ther nearest existing water line of the city that has sufficient capacity tos serve the (d) The city reserves the right to install its meter at or near the property line or, at the city's option, on the (e) The city reserves the right to refuse service unless the customer's lines and piping are installed in such a owner unless otherwise approved! by the mayor and council. customer's property within threef feet of the property line. manner as to prevent cross-connections or backflow. (Ord. No. 77,52.04,10-12-93) Sec. 86-45. Consumer's responsibilities and liabilities. (a) Water furnished by the city shall be usedi for consumption by the consumer, members oft their household and employees only. The consumer: shall not sell water to any otherp person or permit any other person tou uses such water. Water shall not be used for irrigation, fire protection, nor other purposes, except when water is available in sufficient quantity without interfering with the regular domestic consumption int the area served. Disregard oft this rule shall be: sufficient cause for refusal and/or discontinuance of service. (1) Where the meter or meter boxi isp placed on thep premises ofac consumer, a suitablep place shalll be provided by the consumer therefore, which is unobstructed and accessible ata all times tot the meter reader. (2) The consumer shall furnish and maintain ap private cutoff valve ont the consumer's side oft the meter. (3) The consumer's piping and apparatus shall be installed and maintained by the consumer at the consumer's expense with the sanitary regulations oft the: state department of human resources. (4) In order to be received as a consumer and entitled to receive water from the city's water system, all applicants must offer prooft that any private wells located ont their property are not physically connected tot thel lines of the city's water system; and all applicants, by becoming consumers oft the city, covenant and agree that, so long ast they continue tol be consumers oft the city, they will not permit the connection (b) The consumer has the following additional responsibilities and duties: of any private wells on their property tot the city's water system. (Ord. No. 77,52.05,10-12-93) Page 2of4 Sec. 86-46. Unauthorized turning on of city water. orc connection facilities of the waters system oft the city. (a) The city shallt tage each water meter for the purpose of controlling the use of city water. Itis unlawful for any person other than the authorized city water personnel to turn on, turn off, or otherwise tamper with meters (b) Any person who shall violate the provisions of this section shall be guilty ofa ar misdemeanor. (Ord.No.77,992.06, 2.07, 10-12-93) Sec. 86-47. Damage to waterworks. (Ord.No.77,52.08, 10-12-93) No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover or tamper with anyr meters, connections or equipment which are a part oft the city waters system. Sec. 86-48. Nonpotable Water Systems. (a) Connections to water supply. Reclaimed water provided from a reclaimed wastewater treatment system permitted by the Environmental Protection Division may be used to supply water closets, urinals, trap primers for floor drains and floor sinks, water features and other uses approved byt the Authority Having Jurisdiction, in motels, hotels, apartment and condominium buildings, and commercial, industrial, and institutional buildings, where the individual guest or occupant does not have access top plumbing. Also, other systems that may use a lesser quality of water than potable water such as water chillers, carwashes oran industrial process may bes supplied with reclaimed water provided from a reclaimed wastewater treatment facility permitted by the Environmental Protection Division. The use of reclaimed water sourced from any new private reclaimed wastewater treatment system for outdoori irrigation shall be limited to golf courses and agriculture operations as defined in the Official Code of Georgia Section 1-3-3, and such reclaimed water shall not be approved for use fori irrigating any other outdoor landscape such as ground cover, tree, shrubs, or other plants. These limitations do not apply to reclaimed water sourced from existing private reclaimed waters systems or from existing or new, governmentally owned reclaimed wastewater treatment systems. Secs. 86-49--86-75. Reserved. Section3. This Ordinance shall be codified in a manner consistent with the laws of the State of Section 4. This Ordinance shallt take effecti immediately upon its adoption. AlI Ordinances in conflict herewith are expressly repealed. Iti is thei intention of the governing body, and iti is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances, City of Hampton, Georgia, and the sections of this Ordinance may be renumbered, if necessary, to accomplish Georgia and the City of Hampton. such intention. Section 5. a. Itis hereby declared to be the intention of the Mayor and Council that all sections, paragraphs, sentences, clauses and phrases of this Ordinance are or were, upont their enactment, believed by the Mayor and Council to bei fully valid, enforceable and constitutional. Page 3of4 b. Itis hereby declared tol be thei intention oft thel Mayor and Council that, tot the greatest extent allowed by law, each and every section, paragraph, sentence, clause and phrase oft this Ordinance is severable from every other, section, paragraph, sentence, clause or phrase of this Ordinance. Itis hereby further declared tol be thei intention ofthe Mayor and Councilt that, tot the greatest extent allowed by law, no section, paragraph, sentence, clause or phrase of this Ordinance is mutually dependent upon any In the event that any phrase, clause, sentence, paragraph or Section of this Ordinance shall, for any reason whatsoever, be declared invalid, unconstitutional or otherwise unenforceable by the valid judgment or decree of any court of competent jurisdiction, iti is the express intent of the Mayor and Council that such invalidity, unconstitutionality or unenforceability shall, to the greatest extent allowed by law, not render invalid, unconstitutional. or otherwise unenforceable any of the remaining phrases, clauses, sentences, paragraphs or Sections oft the Ordinance and that, tot the greatest extent allowed by law, all remaining phrases, clauses, sentences, paragraphs and! Sections of the Articie. shall other section, paragraph, sentence, clause or phrase of this Ordinance. remain valid, constitutional, enforceable, and of full force ande effect. Section 6. specified herein. All ordinances and parts of ordinances in conflict herewith arel hereby expressly repealed. Section7. The effective date of this Ordinance shall be the date of adoption unless otherwise SO ORDAINED, this day of 2024. CITY OF HAMPTON, GEORGIA ANNI N. TARPLEY, Mayor ATTEST: RASHIDA FAIRLEY, City Clerk APPROVED. ASTO FORM: L'ERIN BARNES WIGGINS, City Attorney First Reading: Second Reading/Adoption: 4/09/2024 Page 4of4 Brian Kemp Governor (Georgia" Department of Christopher Nunn Commissioner h Community Affairs February7,2024 Ann N. Tarpley, Mayor City ofH Hampton Dear Ms. Tarpley, This letter acknowledges receipt of City of Hampton's correspondence dated. January 9th,2024 with proposed local amendments tot the Georgia State Minimum Standard Codes. The Department has no comment regarding the amendments. (404) 679-3118 or by email at edmitadyedaso. We have filed your amendments, and ify you have questions regarding this matter, please contact me at Tad Mitiocer Sincerely, Ted Miltiades, Director Office of Construction Codes and Industrialized Buildings 60 Executive Park South. NE I Atlanta, GA 30329-2231 . 404-579-4940 www dca ga gov I An Equal Opoortunity Employer 66 Type of Request ITEM# 8B. City of Hampton LEGISLATIVE SUMMARY ORD. 2024-09 Chapter 18.Article 3.Flow Rate Restrictions on Plumbing Fixtures. Sec.18-61-70 Department Requesting Agenda Item Community Development Department Exhibit Attachments st for Agendal Item: Meeting Date: May 15, 2024 Action Type: Action by City Council Forir informationaldiscussion purposes only Presenter: 1) ORD. 2024-09 2) DCAI Letter 3) 4) 5) 6) Wanda D. Moore, Director Agenda Item: Item 8B. New Business. Consideration and action on the adoption of ORD. 2024-09 (First Read) to amend the Hampton Code of Ordinance PARTI II CHAPTER 18 - BUILDINGS AND BUILDING REGULATIONS. TO AMEND ARTICLE II. FLOW RATE RESTRICTIONS ON PLUMBING FIXTURES. SEC. 18-61 TO 70; TO PROVIDE FOR. AN ADOPTION AND EFFECTIVE DATE; AND TO PROVIDE FOR OTHER LAWFUL PURPOSES. Background/Summary: Second Read. Financial mpicationsConsderations -Is project budgeted? -Will project require the use of Fund Balance? Ify yes, please state amount $ -Willt the project require funds? -s project grantf funded andy will require a. andt those funds arelare not budgeted. Nn/a Nnla Nala Nn/a Nn/a % match -s this request a Capital Project and part of Capital Project List? Additional comments/Recommendations Staff recommends approval of proposed updates in accordance with O.C.G.A. $8-2-25(c) pursuant to Metro Water District-Water Eficiency Code which is specific to the local Metro Water District 15-county region as part of their 2022 Water Resources Management Plan update of which the City of Hampton is part. ORDINANCE NO. 2024-09 AN ORDINANCETO AMEND PARTII- - CHAPTER 18 -BUILDINGS AND BUILDING REGULATIONS.TO AMEND ARTICLE III. FLOW RATE RESTRICTIONS ON PLUMBING FIXTURES.SEC. 18-61T070;TO PROVIDE FOR AN ADOPTION AND EFFECTIVE DATE; AND TO PROVIDE FOR OTHER LAWFUL PURPOSES. THE COUNCIL OF THE CITY OF HAMPTON HEREBY ORDAINS: Section 1. That Section PART II - CHAPTER 18 - BUILDINGS AND BUILDING REGULATIONS. TO AMEND ARTICLE HI. FLOW RATE RESTRICTIONS ON PLUMBING FIXTURES. SEC. 18-61TO70. Section2 2. That Section PART II- - CHAPTER 18 - BUILDINGS AND BUILDING REGULATIONS. ARTICLE II. FLOW RATE RESTRICTIONS ON PLUMBING FIXTURES. SEC. 18-61T070shall read: ARTICLE IlI. FLOW RATE RESTRICTIONS ON PLUMBING FIXTURESI Sec. 18-61. Purpose. Itist the purpose of this article to require the use of uitra-low-flow plumbing fixtures in all new construction, orv when replacing plumbing fixtures duringr renovation orr remodeling ofe existing buildings and torequiret thel labeling of plumbing fixtures with information regarding flow rates for the purpose of conserving water to maintain the integrity ofdrinking waters supplies andr reduce wastewater flows. (Ord. No.70,51,7-9-91) Sec. 18-62. Definitions. The following words, terms and phrases, when usedi int this article, shall have the meanings ascribed tot them Construction means the erection ofar new building or the alteration of an existing building in connection with its repair or renovation or in connection with making an addition to an existing building and shall include the replacement of a malfunctioning, unserviceable or obsolete faucet, showerhead, toilet or urinal in an existing Kitchen faucet or kitchen) faucet replacement aerator. Al kitchen faucet or kitchen faucetr replacement aerator that allows af flow of no more than 1.8 gallons of water per minute at a pressure of 60 pounds per square inch and Lavatory faucet or lavatory. faucet replacement aerator. A lavatory faucet or lavatory faucet replacement aerator that allows a flow ofr no more than 1.2 gallons per minute ata a pressure of6 60 pounds pers square inch and is int this section, except where the context clearly indicates a different meaning: Commercial: building means any type of building other than residential. building. conforms tot the applicable requirements in ASME A112.18.1/CSA B125.1. listed to the WaterSense High Efficiency! Lavatory Faucet Specification. Landscape irrigation. 'Cross referencels)-Water: service generally, 58 86-41 et seq.; water conservation, S 86-161 ets seq. Pagelof7 Flow sensor. An inline device in a landscape irrigation system that produces a repeatable signal proportional Lawn or Landscape Irrigation system. An assembly of component parts that is permanently installed for the controlled distribution of water to irrigate landscapes such as ground cover, trees, shrubs, and other plants. Master shut-offvalve. An automatic valve such as a gate valve, ball valve, or butterfly valve) installed as part oft the landscape irrigation system capable of being automatically closed byt the WaterSense controller. When Pressure regulating device. A device designed to maintain pressure within the landscape irrigation system at ther manufacturer's recommended operating pressure andi that protects against sudden spikes or drops from Rain sensor shut-off.. An electric device that detects and measures rainfall amounts and overrides the cycle ofal landscape irrigation system so as to turn off such system when ap predetermined amount of rain has WaterSense irrigation controller. Is a weather-based or soil moisture-based irrigation controller labeled under the U.S. Environmental Protection Agency's WaterSense program, which includes standalone controllers, add-on devices, and plug-in devices that use current weather data as a basis for scheduling WaterSense spray sprinkler bodies. A sprinkler body with integral pressure regulation, generating optimal water spray and coverage labeled under the U.S. Environmental Protection. Agency's WaterSense program. Plumbing fixtures means any toilet, urinal, showerhead, bathroom lavatory and kitchen faucet and Residential building means any building or unit of al building intended for occupancy as a dwelling, but shall Shower head. As shower headt that allows ai flow ofr nor more than the average of2 2.0gallons of water per minute at 80p pounds per square inch of pressure, is listed int the WaterSense. Specification for Showerheads, and meets the Toilet means any fixture consisting ofa waterf flushed bowi with a seat, used for the disposal of human waste. Urinal means any fixture consisting ofa water-flushed bowl used for the disposal of human waste. tof flowr rate. Lawn andl Landscape Irrigation System refer tot the: same system. this valvei is closed water willr not bes supplied tot the landscape irrigation system. the waters source. fallen. irrigation. replacement aerators. noti include al hotel or motel. US Department Definition of Energy definition ofs showerhead. (Ord. No. 70,52,7-9-91) Cross eferencet)-Definttons generally, 51-2. Sec. 18-63. Maximum Flow and' Water Consumption Standards. Consistent with the general approach taken in Georgia State Minimum Standard Plumbing Code, these Maximum Flow: and Water Consumption requirements andr related definitions in Section 18.620 oft the plumbing code (a) Nop plumbing fixtures shall be installed which does not meett thes standards listedi ins subsection (b) oft this section. This shall apply to ali plumbing systems, including those in one- and two-family dwellings or when replacing plumbing fixtures during remodeling orr renovation ofe existing buildings, except asr notedi in section 18-65. The effective date oft this requirement for residential buildings shall be. July 1, 1991, and for commercial buildings (b) The maximum water consumption flow rates and quantities for all plumbing fixtures and fixture fittings shall shall apply to all plumbing systems. shall be. July 1, 1992. bei in accordance with subsection (b) oft this section, Table 1.0. Page2of7 TABLE1.0 MAXIMUMI FLOW RATES AND CONSUMPTION FOR PLUMBING FIXTURES. ANDI FIXTURE FITTINGS PLUMBING OR FIXTURE FITTING aerators, private FIXTURE MAXIMUM FLOW RATE ORQUANTITY" 1.2 gpm ate 60 psiv) Lavatory faucet and replacement WaterSense Labeled & Lavatory faucet, public (metering) 0.25 gallon per metering cycle Lavatory, (other than metering) Showerhead" aerators Urinal Water closet public 0.5 gpm ate 60 psi WaterSense Labeled & 2.0 gpm at 80 psitw) Kitchen faucet and replacement 1.8 gpm at 60 psilvvil 0.58 gallon per flushing cyclevi) 1.28 gallons per flushing cyclelh.www) For S1:1 gallon =3.785 L,1 1 gallon per minute =3 3.785L/m, 1p pound pers square inch: = 6.895kPa. (i) AH hand- -held shower spray is a shower head. As point of clarification, multiple shower heads may be installed ina a single shower enclosures so long as eachs shower headi individually meets the maximum flow rate, the WaterSense requirements, and the US Department of Energy definition of showerhead. However, multiple shower heads are notr recommended for water efficiency purposes. (i) Consumption tolerances shall be determined from referenced: standards. (ii) Forf flushometer valves and flushometer tanks, the average flush volume shall not exceed 1.28 gallons. (iv) For single flush water closets, including gravity, pressure assisted and electro-hydraulic tank types, the (v) For dualf flush water closets, the average flushy volume of two reduced flushes and one fullf flushs shallr not (vi) See 2014 GA Amendment to Section 301.1.2 Waiver from requirements of high efficiency plumbing average flush volume shall not exceed 1.28 gallons. exceed: 1.28 gallons. fixtures'. Page3of7 (vii) Kitchen faucets are permitted to temporarily increase thei flow above the maximum rate, but not to exceed 2.2 gpm (8.3 L/m) ate 60 psi (414 kPa) and must revert to a maximum flow rate of 1.8 gpm (6.8 L/m) at 60 psi (414 (c) Clothes Washers. Residential clothes washers shall be in accordance with the Energy Star program kPa) upon valve closure. requirements. (d) Cooling Tower Water Efficiency. () Once-Through Cooling. Once-through cooling using potable wateri is prohibited. (i) Cooling Towers and Evaporative Coolers. Cooling towers and evaporative coolers shalll be equippedwith makeup water and blow down meters, conductivity controllers and overflow alarms. Cooling towers shall be equipped with efficiency drift eliminators that achieve drift reduction to 0.002 percent of the circulated water volume for counterflow towers and 0.005 percent for crossflow towers. (ii) Cooling Tower Makeup Water. Water used for air conditioning, cooling towers shall not be discharged where the hardness of the basin water is less than 1500 mg/L. Exception: Where any of the following conditions of the basin water are present: total suspended solids exceed 25 ppm, CaCO3 exceeds 600 ppm, chlorides exceed 250 ppm, sulfates exceed 250 ppm, or silica exceeds 150p ppm. Sec. 18-64. Landscape Irrigation System Efficiency Requirements. used for golf courses, and (c) dependent upon a nonpublicy water source. Ther requirements in Section 18.64 apply to all new landscape irrigation systems connected to the public water system except those (a) used for agricultural operations as defined in the Official Code of Georgia! Section 1-3-3,(b) Nothing in this Code or Section 18.641 is intended to require that landscape irrigation systems must bei installed at all premises. The landscape irrigation efficiency requirements in this Section 18.63 (e) apply only when someone voluntarily chooses ori is otherwise required by some requirement beyond this Code, toi install al landscape irrigation (a) Avoiding' Water Waste Through Design. All new landscape irrigation systems shall adhere to the following 1. Pop-up type sprinkler heads shall pop-upt to a height above vegetation level of not less than four (4) inches above thes soil level when emitting water. 2. Pop-up spray heads or rotary sprinkler heads must direct flow away from any adjacent surfaces and must not be installed closer thanf fouri inches fromi impervious surfaces. 3. Areas less than ten (10) feeti in width in any direction shall be irrigated with subsurface irrigation or by other means that produces no overspray or runoff. 4. Narrow or irregular shaped landscaped areas, less than four (4) feet in any direction across opposing boundaries shall noth bei irrigated bya anyi irrigation emission device except sub-surfacec or low flow emitters with flow rates not to exceed 6.36 gallons per hour. (b) Landscape Irrigation System Required Components. All new landscape irrigation systems shalli include the 1. A rain sensor shut-off installed in an area that is unobstructed by trees, roof over hangs, or anything else that might block rain from triggering the rain. sensor shutoff. 2. Ar master shut-offvalve for each controller installed as close as possible tot the point ofconnection oft the water but downstream of the backflow prevention assembly. 3. Pressure-regulating devices such as valve pressure regulators, sprinkler head pressure regulators, inline pressure regulators, WaterSense spray sprinkler bodies, or other devices shall be installed system on premises. design standards: following components: Page 4of7 as needed to achieve the manufacturer's recommended pressure range at the emission devices 4. Except for landscape irrigation systems serving a single-family home, all other systems must also (ii) atl least one flow sensor, whichr must bei installed at or near the: supply point of the landscape irrigation system and shall interface with the control system, that when connected to the WaterSense controller will detect and report high flow conditions to such controller and automatically shut master valves. The flow sensor serves to aid in detecting leaks or abnormal flow conditions bys suspending irrigation. High flow conditions should be consistent for optimal pertormance. include: () al WaterSense irrigation controller; and with manufacturers' recommendations: ands specifications. Sec. 18-65. Product labeling. Effective. July 1, 1991, all toilets, urinals, showerheads, orf faucets shall be clearly labeled byt ther manufacturer toi indicate the maximum flowr rate or water usage of the fixture. The water use rate oft thet fixture shall be certified by ther manufacturer based oni independent test results and using 60 psi for showerheads. Thel label shall be affixed tot thei fixture and remain there until the proper building and/or plumbing inspections have been conducted. Also, the product packaging mustb be clearly marked toi identify water use rates when offered for retail sale. (Ord. No. 70,54,7-9-91) Sec. 18-66. Exceptions. Thei following fixture uses ora applications shall be exempt from the standards established ins section 18-63. (1) Blowout design water closets having av water consumption not greater than 31/2 gallons (13 L)perf flushing (3) Clinical sinks having a water consumption not greater than 41/2 gallons (17L) per flushing cycle. cycle. (2) Vegetable sprays. (4) Laundry tray sinks and: service sinks. (5) Emergency showers and eye wash: stations. (6) Instances of building renovation where significant plumbing modifications would be required to accommodate. the lower flows or for specialized purposes which cannot be accommodated by existing technology. Permission for thee exceptions listedi int this section must be obtained from the director oft the appropriate governmental department administering these rules. (Ord. No. 70,55,7-9-91) Sec. 18-67. Penalties for violation. (a) Any person who violates any provision of this article shall be punished as provided in section 1-11. Each violation shall constitute a separate offense and each day that such violation continues shall constitute a (b) Any person who violates any provision of this article and holds a business license which authorizes the construction, installation, repair, distribution, sale or maintenance ofs such plumbing fixtures may have their license suspended fora a definite period or canceled. The time ofs suspension or cancellation will be determined separate offense. by ther municipal judge. Page 5of7 (c) Any person who violates the provisions of this article may be denied water and sewer services or havet their water and: sewer services terminated.: Such watera and sewer: services can be terminated by an order from the municipal judge. (Ord. No. 70,56,7-9-91) Sec. 18-68. Compliance and enforcement. The municipal court shall have jurisdiction to hear all cases involving an alleged violation of this article. In addition to the penalties set forth in section 18-67, the mayor may take such other action as described below to compel compliance andr may maintain an action orp proceedingi in ther municipal court to compel compliance with or (1) Compliance with the requirements for installation and labeling at the time of installation in: section 18- 63 shall be determined by the building official or his agent in cases of new or replacement plumbing fixturei installations and compliance shall be a condition for receipt of any occupancy permit. (2) Compliance with the requirements in section 18-65, regarding thel labeling of plumbingf fixtures offered for retail sale, shall be determined byt the building official or his agent. The agency shall have access to alle establishments which offeri for retails sale ors sell plumbing fixtures atr retailf forp purposes of determining restrain any violation of this article. compliance with section 18-65. (Ord. No. 70, $7,7-9-91) Sec.18-69. Variable Conditions. (a) Because of the variable conditions encountered in hydraulic design, iti is impractical tos specify definite and detailedr rules for sizing of the water piping system. Accordingly, other sizing or design methods conforming tog good engineering practice standards are acceptable alternatives to those presented herein. Without limiting the foregoing, such acceptable design methods may include for multi-family buildings the Peak Water Demand Caiculator from the IAPMO/ANSI 2020 Water Efficiency and Sanitation Standard for the Built Environment, which accountsf for the demands of water-conserving plumbing fixtures, fixture fittings. and apoliances. Iffuture versions of the Peak Water Demand Calculator include other building types, such asc commercial, such updated version shall be an acceptable design method. Secs. 18-70-18-95. Reserved. Section 3. This Ordinance shall be codified in a manner consistent with the laws of the State of Section 4. This Ordinance shall take effect immediately upon its adoption. All Ordinances in conflict herewith are expressly repealed. Iti is the intention of the governing body, and itis hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances, City of Hampton, Georgia, and the sections of this Ordinance may be renumbered, if necessary, to accomplish Georgia andi the City of Hampton. suchi intention. Section5. Page 6of7 a. Itis hereby declared to be the intention of the Mayor and Council that all sections, paragraphs, sentences, clauses and phrases of this Ordinance are or were, upont their enactment, believed byt the b. Itis hereby declared tol bet thei intention oft the Mayor and Council that, to the greatest extent allowed by law, each ande every section, paragraph, sentence, clause and phrase of this Ordinance is severable from every other, section, paragraph, sentence, clause orp phrase ofthis Ordinance. Itish hereby further declared to! bet thei intention of the Mayor and Councilt that, to the greatest extent allowed byl law, no section, paragraph, sentence, clause or phrase of this Ordinance is mutually dependent upon any Inthe event that any phrase, clause, sentence, paragraph or Section of this Ordinance shall, for any reason whatsoever, be declared invalid, unconstitutional or otherwise unenforceable by the valid judgment or decree of any court of competent jurisdiction, it is the express intent of the Mayor and Council that such invalidity, unconstitutionality or unenforceability shall, to the greatest extent allowed by law, not render invalid, unconstitutional or otherwise unenforceable any of the remaining phrases, clauses, sentences, paragraphs or Sections of the Ordinance and that, tot the greatest extent allowed by law, all remaining phrases, clauses, sentences, paragraphs and Sections oft the Article shall Section 6. All ordinances and parts of ordinances in conflict herewith are hereby expressly repealed. Section7. The effective date of this Ordinance shall be the date of adoption unless otherwise Mayor and Council to bet fully valid, enforceable and constitutional. other section, paragraph, sentence, clause or phrase of this Ordinance. remain valid, constitutional, enforceable, and of fullf force and effect. specified herein. SOORDAINED, this day of 2024. CITYOFHAMPTON, GEORGIA ANNI N. TARPLEY, Mayor ATTEST: RASHIDA FAIRLEY, City Clerk APPROVED ASTO FORM: L'ERIN BARNES WIGGINS, City Attorney First Reading: Second Reading/Adoption: 4/09/2024 Page 7of7 Brian Kemp Governor Georgia" Department of Christopher Nunn Commissioner ha Community Affairs February7,2024 Ann N. Tarpley, Mayor City of Hampton Dear Ms. Tarpley, This letter acknowiedges receipt of City of lamptoniscorespondence dated January gth, 2024 with proposed local amendments to the Georgia State Minimum Standard Codes. The Department has no comment regarding the amendments. (404)679-3118 or by email at edmitadesedaRasok We have filed your amendments, andi ify you! have questions regarding this matter, please contact me at Tad Mitiocler Sincerely, Ted Miltiades, Director Office of Construction Codes and Industrialized Buildings 60 Executive Park South NE I Atlanta. GA 30329-2231 I 404-679-4940 www dca ga gov I An Equal Opportunity Employer 66 Type of Request ITEM# A City of Hampton LEGISLATIVE SUMMARY Approval of GMEBS Adoption Agreement Department Requesting Agenda Item Human Resources Exhibit Attachments st for Agenda Item: 1) Cover Letter 2) The Ordinance andA Adoption Agreement 3) Summary ofA Amendments 4) IRS Opinion Letter 5) 6) R Meeting Date: May 14, 2024 Action Type: Action! by City Council Presenter: Fori informationaldiscussion purposes only Andrea Atwater Agendal Item: Approval of Georgia Municipal Employees Benefit System (GMEBS) Adoption Agreement resulting from Defined Benefit Retirement Plan Restatement BackgroundSummary: Due to recent changes in the tax law, GMEBS requested an opinion letter from the IRS to re-qualify our existing Defined Benefit Plan. Approving the Adoption Agreement would allow employees enrolled in our Plan to continue accruing benefits tax-free until retirement. Financial mpicatons.comsceralons -Isp project budgeted? -Will project require the use of Fund Balance? If yes, please state amount $ -Will the project require funds? -Isp project grant funded and will require a and those funds arelare not budgeted. Nx Y Nx Nx Nx % match -Is this request a Capital Project and part of Capital Project List? Additional CommemsRecommenditons The deadline to return the Adoption Agreement is June 19, 2024. CITY OF HAMPTON STATE OF GEORGIA ORDINANCE NO. 2024-10 An Ordinance to amend and restate the Retirement Plan for the Employees of the City of Hampton, Georgia, in accordance with and subject to the terms and conditions set forth in the attached Adoption Agreement, any Addendum to the Adoption Agreement, the Georgia Municipal Employees Benefit System (GMEBS) Basic Plan Document, and the GMEBS Trust Agreement. When accepted by the authorized officers of the City and GMEBS, the foregoing shall constitute aContract between the City and GMEBS, all as authorized and provided by O.C.G.A. S 47-5-let seq. BE IT ORDAINED by the Mayor and Council of the City of Hampton, Georgia, and it is Section 1. The Retirement Plan for the Employees of the City of Hampton, Georgia, is hereby amended and restated as set forth in and subject to the terms and conditions stated in the following Adoption Agreement, any Addendum to the Adoption Agreement, the Georgia Municipal Employees Benefit System (GMEBS) Basic Plan Document, and the GMEBS Trust hereby ordained by the authority thereof: Agreement. Section 2. Except as otherwise specifically required by law or by the terms of the Basic Plan Document or Adoption Agreement (or any Addendum), the rights and obligations under the Plan with respect to persons whose employment with the City was terminated or who vacated office with the City for any reason whatsoever prior to the effective date of this Ordinance are fixed and shall be governed by such Plan, ifany, as it existed and was in effect at the time ofsuch termination. Section 3. The effective date of this Ordinance shall be the date of its approval by the Governing Authority (not earlier than the first day of the current Plan Yeari in which the Plan isadopted, unless a retroactive corrective amendment is permitted under EPCRS, Rev. Proc. 2021-30 (or subsequent updated guidance))- Section 4. All Ordinances and parts of ordinances in conflict herewith are expressly Approved by the Mayor and Council of the City of Hampton, Georgia, this 11th day of repealed. June, 2024. First Read: 5/14/2024 Second Read: 6/11/2024 1Page CITYOF HAMPTON STATE OF GEORGIA ORDINANCE NO. 2024-10 An Ordinance to amend and restate the Retirement Plan for the Employees oft the City of Hampton, Georgia, in accordance with and subject to the terms and conditions set forth in the attached Adoption Agreement, any Addendum to the Adoption Agreement, the Georgia Municipal Employees Benefit System (GMEBS) Basic Plan Document, and the GMEBS Trust Agreement. When accepted by the authorized officers ofthe City and GMEBS, the foregoing shall constitute ac Contract between the City and GMEBS, all as authorized and provided by O.C.G.A. $4 47-5-let seq. BE IT ORDAINED by the Mayor and Council of the City of Hampton, Georgia, and it is Section 1. The Retirement Plan for the Employees of the City of Hampton, Georgia, is hereby amended and restated as set forth in and subject to the terms and conditions stated in the following Adoption Agreement, any Addendum to the Adoption Agreement, the Georgia Municipal Employees Benefit System (GMEBS) Basic Plan Document, and the GMEBS Trust hereby ordained by the authority thereof: Agreement. Section 2. Except as otherwise specifically required by law or by the terms of the Basic Plan Document or Adoption Agreement (or any Addendum), the rights and obligations under the Plan with respect to persons whose employment with the City was terminated or who vacated office with the City for any reason whatsoever prior to the effective date of this Ordinance are fixed and shall be governed by such Plan, ifany, as it existed and was in effect at the time of such termination. Section 3. The effective date of this Ordinance shall be the date of its approval by the Governing Authority (not earlier than the first day of the current Plan Year in which the Plan isadopted, unless: a retroactive corrective amendment is] permitted under EPCRS, Rev. Proc. 2021-30 (or subsequent updated guidance)). Section 4. All Ordinances and parts of ordinances in conflict herewith are expressly Approved by the Mayor and Council of the City of Hampton, Georgia, this 11th day of repealed. June, 2024. First Read: 5/14/2024 Second Read: 6/11/2024 1Page GEORGIA MUNICIPALEMPLOYEES BENEFITS SYSTEM DEFINED BENEFIT RETIREMENT PLAN AN ORDINANCE and for ADOPTION AGREEMENT City ofHampton Form Pre-approved Plan Adoption Agreement Amended and Restated for Third Six-Year Cycle, 2020 Cumulative List City of Hampton (2023- 2025 Restatement) TABLE OF CONTENTS PAGE I. AN ORDINANCE. II. GMEBS DEFINED BENEFIT RETIREMENT PLAN ADOPTION AGREEMENT 1. ADMINISTRATOR 2. ADOPTING EMPLOYER. GOVERNING, AUTHORITY PLAN REPRESENTATIVE. PENSION COMMITTEE. 6. TYPE OF ADOPTION. EFFECTIVE DATE.. PLAN YEAR. 3. 4. 5. 7. 8. 9. CLASSES OF ELIGIBLE EMPLOYEES. A. Eligible Regular Employees 10. ELIGIBILITY CONDITIONS. 11. WAITING PERIOD.. 13. CREDITED SERVICE. B. Elected or Appointed Members of the Governing Authority A. Hours Per Week (Regular Employees). B. Months Per Year (Regular Employees) 12, ESTABLISHING PARTICIPATION IN THE PLAN. A. Credited Past Service with Adopting Employer. B. Prior Military Service. C. Prior Governmental Service.. D. Leave Conversion for Unused Paid Time Off (e.g., Sick, Vacation, or Personal Leave). 14. RETIREMENT ELIGIBILITY. A. Early Retirement Qualifications B. Normal Retirement Qualifications. C. Alternative Normal Retirement Qualifications. D. Disability Benefit Qualifications 15: RETIREMENT BENEFIT COMPUTATION. A. Maximum Total Credited Service.. B. Monthly Normal Retirement Benefit Amount. C. Monthly Early Retirement Benefit Amount. D. Monthly Late Retirement Benefit Amount (check one):. E. Monthly Disability Benefit Amount. F. Minimum/Maximum Benefit For Elected Officials 16. SUSPENSION OF BENEFITS FOLLOWING BONA FIDE SEPARATION OF SERVICE; COLA. 12 14 4 14 16 20 21 21 .21 .24 .25 25 26 26 City of Hampton (2023-2 2025 Restatement) A. Re-Employment as Eligible Employee After Normal, Alternative Normal, or Early Retirement and Following Bona Fide Separation of Service (see Basic Plan Document Section 6.06(c) Regarding Re-Employment as an Ineligible Employee and Basic Plan Document Section 6.06(e) and(f) Regarding Re-Employment After Disability Retirement). 26 .28 28 28 29 .30 30 31 32 .33 33 34 B. Cost OfLiving Adjustment. A. Eligible Regular Employees 18. PRE-RETIREMENT DEATH BENEFITS A. In-Service Death Benefit... B. Terminated Vested Death Benefit.. 19. EMPLOYEE CONTRIBUTIONS 17. TERMINATION OF EMPLOYMENT BEFORE RETIREMENT; VESTING B. Elected or Appointed Members of the Governing Authority 20. MODIFICATION OF THE TERMS OF THE ADOPTION 21. TERMINATION OF THE. ADOPTION AGREEMENT. 22. EMPLOYER ADOPTION AND AUTHORIZATION FOR AGREEMENT. AMENDMENTS City of Hampton (2023- -2025 Restatement) LA ANORDINANCE An Ordinance to amend and restate the Retirement Plan for the Employees of the City of Hampton, Georgia, in accordance with and subject to the terms and conditions set forth in the attached Adoption Agreement, any Addendum to the Adoption Agreement, the Georgia Municipal Employees Benefit System (GMEBS) Basic Plan Document, and the GMEBS Trust Agreement. When accepted by the authorized officers of the City and GMEBS, the foregoing shall constitute a Contract between the City and GMEBS, all as authorized and provided by O.C.G.A. S 47-5-1 et seq. BE IT ORDAINED by the Mayor and Council of the City of Hampton, Georgia, and itis Section 1. The Retirement Plan for the Employees of the City of Hampton, Georgia, is hereby amended and restated as set forth in and subject to the terms and conditions stated in the following Adoption Agreement, any Addendum to the Adoption Agreement, the Georgia Municipal Employees Benefit System (GMEBS) Basic Plan Document, and the GMEBS Trust hereby ordained by the authority thereof: Agreement. Ordinance continued on page 37 City of Hampton (2023-20251 Restatement) II. GMEBS DEFINED BENEFIT RETIREMENT PLAN ADOPTION AGREEMENT 1.A ADMINISTRATOR Georgia Municipal Employees Benefit System 201 Pryor Street, SW Atlanta, Georgia 30303 Telephone: 404-688-0472 Facsimile: 404-577-6663 2. ADOPTING EMPLOYER Name: City of Hampton, Georgia Name: Mayor and Council Phone: (770) 946-4306 Facsimile: (770)946-4356 3. GOVERNING AUTHORITY Address: P.O. Box 400, Hampton, GA: 30228-0400 4. PLAN REPRESENTATIVE (See Section 2.49 ofl Basic Plan Document) [To represent Governing Authority in all communications with GMEBS and Employees] Name: City Manager Phone: (770) 946-4306 Facsimile: (770) 946-4356 Address: P.O. Box 400, Hampton, GA 30228-0400 City of Hampton (2023-2025 Restatement) 5. PENSION COMMITTEE [Please designate members by position. Ifnot, members ofl Pension Committee shall be determined in accordance with Article XIV ofthe! Basic Plan Document] Position: Position: Position: Position: Position: Pension Committee Secretary: Director of Human Resources Address: P.O. Box 400, Hampton, GA 30228-0400 Phone: (770) 946-4306 Facsimile: (770) 946-4356 6. TYPE OF ADOPTION This Adoption Agreement is for the following purpose (check one): This is a new defined benefit plan adopted by the Adopting Employer for its Employees. This is an amendment and restatement of the Adopting Employer's preexisting R This is an amendment and restatement ofthe Adoption Agreement previously adopted by This plan does not replace or restate an existing defined benefit plan. non-GMEBS defined benefit plan. the Employer, as follows (check one or more as applicable): R To update the Plan to comply with the PATH Act, and other applicable federal laws and guidance under IRS Notice 2020-14 (the 2020 Cumulative List). To make the following amendments to the Adoption Agreement (must specify below revisions made in this Adoption Agreement; all provisions must be completed in a manner that satisfies the definite written program requirement of Treasury Regulation 1.401-1(a)(2) and the definitely determinable requirement ofTreasury Regulation 1.401-1(b)0)0): 7. EFFECTIVE DATE NOTE: This Adoption Agreement and any Addendum, with the accompanying Basic Plan Document, is designed to comply with Internal Revenue Code Section 401(a), as applicable to a governmental qualified defined benefit plan, and is part of the GMEBS Defined Benefit Retirement Plan. Plan provisions designed to comply with certain provisions of the Protecting Americans from Tax Hikes Act of2015 ("PATH Act"); and Plan provisions designed to comply with' certain provisions of additional changes in federal law and guidance from the Internal Revenue Service under Internal Revenue Service Notice 2020-14 (the 2020 Cumulative List) are effective as of the applicable effective dates set forth in the Adoption Agreement and Basic Plan -3- City of Hampton (2023- -2025 Restatement) Document. By adopting this Adoption Agreement, with its accompanying Basic Plan Document, the Adopting Employer is adopting a plan document intended to comply with Internal Revenue Code Section 401(a), as updated by the PATH Act and the 2020 Cumulative List with the (1) Complete this item (1) only ifthis is a new defined benefit plan which does not replace applicable effective dates. or restate an existing defined benefit plan. The effective date of this Plan is (insert effective date of this Adoption Agreement but not earlier than the first day of (2) Complete this item (2) only if this Plan is being adopted to replace a non-GMEBS Except as otherwise specifically provided in the Basic Plan Document or in this Adoption this Adoption Agreement but not earlier than the first day of the current Plan Year in which the Plan is adopted (unless a retroactive corrective amendment is permitted under EPCRS, Rev. Proc. 2021-30 (or subsequent updated guidance)). This Plan is intended to replace and serve as an amendment and restatement of the Employer's the current Plan Year in which the Plan is adopted). defined benefit plan. Agreement, the effective date of this restatement shall be (insert effective date of preexisting plan, which became effective on (insert original effective date of preexisting plan). (3) Complete this item (3) only if this is an amendment and complete restatement of the Except as otherwise specifically provided in the Basic Plan Document or in this Adoption Agreement, the effective date oft this restatement shall be the date of its approval by the Governing Authority (insert effective date of this Adoption Agreement but not earlier than the first day of the current Plan Year in which the Plan is adopted (unless a retroactive corrective amendment is permitted under EPCRS, Rev. Proc. 2021-30 (or This Plan is adopted as an amendment and restatement of the Employer's preexisting GMEBS Adoption Agreement, which became effective on, February 9, 2021 (insert effective date of most recent Adoption Agreement preceding this Adoption The Employer's first Adoption Agreement became effective January 1. 2003 (insert effective date of Employer's first GMEBS Adoption Agreement). The Employer's GMEBS Plan was originally effective June 1. 1978 (insert effective date of Employer's original GMEBS Plan). (If the Employer's Plan was originally a non-GMEBS Plan, then Adopting Employer's existing GMEBS defined benefit plan. subsequent updated guidance)). Agreement). the Employer's non-GMEBS Plan was originally effective effective date of Employer's original non-GMEBS Plan).) (if applicable, insert 4- City of Hampton (2023-2025 Restatement) 8. PLAN YEAR Plan Year means (check one): Calendar Year D D Employer Fiscal Year commencing Other (must specify month and day commencing): June 1. 9. CLASSES OF ELIGIBLE EMPLOYEES Only Employees of the Adopting Employer who meet the Basic Plan Document's definition of "Employee" may be covered under the Adoption Agreement. Eligible Employees shall not include non-governmental employees, independent contractors, leased employees. nonresident aliens, or any other ineligible individuals, and this Section 9 must not be completed in a manner that violates the "exclusive benefit rule" of Internal Revenue Code Section 401(a)(2). A. Eligible Regular Emplovees Regular Employees include Employees, other than elected or appointed members of the Governing Authority or Municipal Legal Officers, who are regularly employed in the services of the Adopting Employer. Subject to the other conditions of the Basic Plan Document and the Adoption Agreement, the following Regular Employees are eligible to participate in the Plan B ALL - All Regular Employees, provided they satisfy the minimum hour and other I ALL REGULAR EMPLOYEES EXCEPT for the following employees (must specify; specific positions are permissible; specific individuals may not be named): (check one): requirements specified under "Eligibility Conditions" below. B. Elected or Appointed Members of the Governing Authority An Adopting Employer may elect to permit participation in the Plan by elected or appointed members of the Governing Authority and/or Municipal Legal Officers, provided they otherwise meet the Basic Plan Document's definition of "Employee" and provided they satisfy any other requirements specified by the Adopting Employer. Municipal Legal Officers to be covered must be specifically identified by position. Subject to the above conditions, the Employer hereby (1) Elected or Appointed Members of the Governing Authority (check one): elects the following treatment for elected and appointed officials: ARE NOT eligible to participate in the Plan. B ARE eligible to participate in the Plan. Please specify any limitations on eligibility to participate here (e.g., service on or after certain date, or special waiting period provision): Elected or appointed members of the Governing 5- City of Hampton (2023- -2025 Restatement) Authority who hold office on or after February 9, 2021, are eligible to participate in the Plan. (2) Municipal Legal Officers (check one): ARE NOT eligible to participate in the Plan. ARE eligible to participate in the Plan. The term Municipal Legal Officer" shall include only the following positions (must specify - specific positions are permissible; specific Please specify any limitations on eligibility to participate here (e.g., service on or after certain date) (must specify in a manner that satisfies the definite written program requirement of Treasury Regulation 1.401-1(a)(2): and the definitely determinable requirement of Treasury individuals may not be named): Regulation 1.401-1(b)0)0): 10. ELIGIBILITY CONDITIONS A. Hours Per Week (Regular Emplovees) The Adopting Employer may specify a minimum number of work hours per week which are required to be scheduled by Regular Employees in order for them to become and remain "Eligible Regular Employees" under the Plan. It is the responsibility of the Adopting Employer to determine whether these requirements are and continue to be satisfied. The Employer hereby elects the following minimum hour requirement for Regular Employees: D No minimum B 20 hours/week (regularly scheduled) D 301 hours/week (regularly scheduled) Other: (must not exceed 40 hours/week regularly scheduled) Exceptions: Ifa different minimum hour requirement applies to a particular class or classes of Regular Employees, please specify below the classes to whom the different requirement applies Class(es) of Regular Employees to whom exception applies (must specify - specific positions and indicate the minimum hour requirement applicable to them. are permissible; specific individuals may not be named): Minimum hour requirement applicable to excepted Regular Employees: D No minimum D 201 hours/week (regularly scheduled) D 30 hours/week (regularly scheduled) B. Months Per Year (Regular Emplovees) a Other: (must not exceed 40 hours/week regularly scheduled) The Adopting Employer may specify a minimum number of work months per year which are required to be scheduled by Regular Employees in order for them to become and remain -6- City of Hampton (2023- 2025 Restatement) "Eligible Employees" under the Plan. It is the responsibility of the Adopting Employer to determine whether these requirements are and continue to be satisfied. The Employer hereby elects the following minimum requirement for Regular Employees: No minimum R At least 5 months per year (regularly scheduled) Exceptions: If different months per year requirements apply to a particular class or classes of Regular Employees, the Employer must specify below the classes to whom the different Regular Employees to whom exception applies (must specify - specific positions are requirements apply and indicate below the requirements applicable to them. permissible; specific individuals may not be named): The months to year requirement for excepted class(es)a are: No minimum At least months per year (regularly scheduled) 11. WAITING PERIOD Except as otherwise provided in Section 4.02(b) of the Basic Plan Document, Eligible Regular Employees shall not have a waiting period before participating in the Plan. Likewise, elected or appointed members of the Governing Authority and Municipal Legal Officers, if eligible to participate in the Plan, shall not have a waiting period before participating ini the Plan. 12. ESTABLISHING PARTICIPATION IN THE PLAN Participation in the Plan is considered mandatory for all Eligible Employees who satisfy the eligibility conditions specified in the Adoption Agreement, except as provided in Section 4.03(e) of the Basic Plan Document. However, the Employer may specify below that participation is optional for certain classes of Eligible Employees, including Regular Employees, elected or appointed members of the Governing Authority, Municipal Legal Officers, City Managers, and/or Department Heads. If participation is optional for an Eligible Employee, then in order to become a Participant, the Employee must make a written election to participate within 120 days after employment, election or appointment to office, or if later, the date the Employee first becomes eligible to participate in the Plan. The election is irrevocable, and the failure to make the election within the 120 day time limit shall be deemed an irrevocable election not to participate in the Plan. Classes for whom participation is optional (check one): R None (Participation is mandatory for all Eligible Employees except as provided in Participation is optional for the following Eligible Employees (must specify - specific positions are permissible; specific individuals may not be named; all Section 4.03(e)oft the Basic Plan Document). positions or classes specified must be Eligible Employees): -7= City of Hampton (2023 2025 Restatement) 13. CREDITED SERVICE In addition to Current Credited Service the Adopting Employer may include as Credited Service the following types ofs service: A. Credited Past Service with Adopting Employer Credited Past Service means the number of years and complete months of Service with the Adopting Employer prior to the date an Eligible Employee becomes a Participant which are (1) Eligible Employees Employed on Original Effective Date of GMEBS Plan. With respect to Eligible Employees who are employed by the Adopting Employer on the original Effective Date oft the Employer's GMEBS Plan, Service with the Adopting Employer prior to the date the Eligible Employee becomes a Participant (including any Service prior to the Effective treated as credited service under the Plan. Date of the Plan) shall be treated as follows (check one): B All Service prior to the date the Eligible Employee becomes a Participant shall be D All Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service), except for Service rendered prior to All Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service), except as follows (must specify other limitation in a manner that satisfies the definite written program requirement of Treasury Regulation 1.401-1(a)(2) and the definitely determinable requirement ofTreasury Regulation 1.401-1(b)0): No Service prior to the date the Eligible Employee becomes a Participant shall be (2) Previously Employed, Returning to Service after Original Effective Date. If an Eligible Employee is not employed on the original Effective Date of the Employer's GMEBS Plan, but returns to Service with the Adopting Employer sometime after the Effective Date, said Eligible Employee's Service prior to becoming a Participant (including any Service prior the credited (as Credited Past Service). (insert date). credited (as Credited Past Service). Effective Date) shall be treated as follows (check one): D All Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service), subject to any limitations imposed above with respect to Eligible Employees employed on the Effective Date. B All Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service), provided that after returning to employment, the Eligible Employee performs Service equal to the period of the break in Service or one (1) year, whichever is less. Any limitations imposed above with respect to Eligible Employees employed on the Effective Date shall also apply. 8- City of Hampton (2023-20251 Restatement) J No Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service). Other limitation(s) on Recognition of Credited Past Service (must specify in a manner that satisfies the definite written program requirement of Treasury Regulation 1.401-1(a)(2) and the definitely determinable requirement of Treasury Regulation 1.401-1(b)0)0): Credited Past Service shall not include any period of Service as an elected or appointed member of the Governing Authority unless the Participant was serving as an elected or appointed member of the Governing Authority or Eligible Regular Employee on February 9,2021. (3) Eligible Employees Initially Employed After Effective Date. If an Eligible Employee's initial employment date is after the original Effective Date of the Employer's GMEBS Plan, said Employee's Credited Past Service shall include only the number of years and complete months of Service from the Employee's initial employment date to the date the (4) Newly Eligible Classes of Employees. If a previously ineligible class of Employees becomes eligible to participate in the Plan, the Employer must specify in an addendum to this Adoption Agreement whether and to what extent said Employees' prior service Employee becomes al Participant in the Plan. with the Employer shall be treated as Credited Past Service under the Plan. B. Prior Military Service Note: This Section does not concern military service required to be credited under USERRA - See Section 3.02 of the Basic Plan Document for rules on the crediting of USERRA Military Service. (1) Credit for Prior Military Service. The Adopting Employer may elect to treat military service rendered prior to a Participant's initial employment date or reemployment date as Credited Service under the Plan. Unless otherwise specified by the Employer under "Other Conditions" below, the term "Military Service" shall be as defined in the Basic Plan Document. Except as otherwise required by federal or state law or under "Other Conditions" below, Military Service shall not include service which is credited Military Service credited under this Section shall not include any service which is otherwise required to be credited under the Plan by federal or state law. Prior Military Service shall be under any other local, state, or federal retirement or pension plan. treated as follows (check one): R a Prior Military Service is not creditable under the Plan (if checked, skip to Prior Military Service shall be counted as Credited Service for the following Section 13.C.-I Prior Governmental Service). purposes (check one or more as applicable): Computing amount of benefits payable. Meeting minimum service requirements for vesting. D D -9- City of Hampton (2023-2025 Restatement) - Meeting minimum service requirements for benefit eligibility. (2) Maximum Credit for Prior Military Service. Credit for Prior Military Service shall be limited to a maximum of (3) Rate of Accrual for Prior Military Service. years (insert number). Credit for Prior Military Service shall accrue at the following rate (check one): One month of military service credit for every number) of Credited Service with the Adopting Employer. One year of military service credit for every Credited Service with the Adopting Employer. month(s) (insert year(s) (insert number) of All military service shall be creditable (subject to any caps imposed above) after Other requirement (must specify in a manner that satisfies the definite written program requirement ofTreasury Regulation 1.401-1(a)(2) and the definitely determinable requirement ofTreasury Regulation 1.401-1(b)()0): Participants shall not be required to pay for military service credit. Participants shall be required to pay for military service credit as follows: the Participant has completed with the Employer. years (insert number) ofCredited Service (4) Payment for Prior Military Service Credit (check one): D D The Participant must pay % of the actuarial cost of the service credit The Participant must pay an amount equal to (must specify in a manner that satisfies the definite written program requirement of Treasury Regulation 1.401-1(a)(2) and the definitely determinable requirement (as defined below). D ofTreasury Regulation 1.401-1(b)0)0): Other Conditions for Award of Prior Military Service Credit (must specify in a manner that satisfies the definite written program requirement of Treasury Regulation 1.401-1(a)(2) and the definitely determinable requirement of Treasury Regulation 1.401-1(b)()0): (5) Limitations on Service Credit Purchases. Unless otherwise specified in an Addendum to the Adoption Agreement, for purposes of this Section and Section 13.C. concerning prior governmental service credit, the term "actuarial cost of service credit" is defined as set forth in the Service Credit Purchase Addendum. In the case of a service credit purchase, the Participant shall be required to comply with any rules and regulations established by the GMEBS Board ofTrustees concerning said purchases. 10- City of Hampton (2023 2025 Restatement) C. Prior Governmental Service Note: A Participant's prior service with other GMEBS employers shall be credited for purposes of satisfying the minimum service requirements for Vesting and eligibility for Retirement and pre-retirement death benefits as provided under Section 9.05 of the Basic Plan Document, relating to portability service. This Section 13(C) does not need to be completed in order for Participants to receive this portability service credit pursuant to Section 9.05 ofthe Basic Plan Document. (1) Credit for Prior Governmental Service. The Adopting Employer may elect to treat governmental service rendered prior to a Participant's initial employment date or reemployment date as creditable service under the Plan. Subject to any limitations imposed by law, the term "prior governmental service" shall be as defined by the Adopting Employer below. The Employer elects to treat prior governmental service as follows (check one): B Prior governmental service is not creditable under the Plan (if checked, skip to Section 13.D. - Unused Sick/Vacation Leave). Prior governmental service shall be counted as Credited Service for the following purposes under the Plan (check one or more as applicable): Computing amount of benefits payable. Meeting minimum service requirements for vesting. Meeting minimum service requirements for benefit eligibility. D D a (2) Detinition of Prior Governmental Service. Prior governmental service shall be defined as follows: (must specify in a manner that satisfies the definite written program requirement of Treasury Regulation 1.401-1(a)(2) and the definitely determinable requirement ofTreasury Regulation 1.401-1(b)0)0): Unless otherwise specified above, prior governmental service shall include only full-time service (minimum hour requirement same as that applicable to Eligible Regular Employees). (3) Maximum Credit for Prior Governmental Service. Credit for prior governmental service shall be limited to a maximum of years (insert number). (4) Rate of Accrual for Prior Governmental Service Credit. Credit for prior governmental service. shall accrue at the following rate (check one): a One month of prior governmental service credit for every. number) of Credited Service with the Adopting Employer. One year of prior governmental service credit for every number) of Credited Service with the. Adopting Employer. month(s) (insert year(s) (insert -11- City of Hampton (2023 2025 Restatement) All prior governmental service shall be creditable (subject to any caps imposed Other requirement (must specify in a manner that satisfies the definite written program requirement ofTreasury Regulation 1.401-1(a)(2) and the definitely determinable requirement ofTreasury Regulation 1.401-1(b)()0): Participants shall not be required to pay for governmental service credit. Participants shall be required to pay for governmental service credit as follows: D The Participant must pay. % oft the actuarial cost of the service credit. D The Participant must pay an amount equal to (must specify in a manner that satisfies the definite written program requirement of Treasury Regulation 1.401-1(a)(2) and the definitely determinable requirement above) after the Participant has completed Credited Service with the Adopting Employer. years (insert number) of (5) Payment for Prior Governmental Service Credit. ofTreasury Regulation 1.401-1(b)0)0): Other Conditions for Award of Prior Governmental Service Credit (must specify in a manner that satisfies the definite written program requirement of Treasury Regulation 1.401- 1(a)(2) and the definitely determinable requirement of Treasury Regulation 1.401- D. Leave Conversion for Unused Paid Time Off (e.g.. Sick. Vacation. or Personal 1(b)(1)()): Leave) (1) Credit for Unused Paid Time Off. Subject to the limitations in Section 3.01 of the Basic Plan Document, an Adopting Employer may elect to treat accumulated days of unused paid time off for a terminated Participant, for which the Participant is not paid, as Credited Service. The only type of leave permitted to be credited under this provision is leave from a paid time off plan which qualifies as a bona fide sick and vacation leave plan (which may include sick, vacation or personal leave) and which the Participant may take as paid leave without regard to whether the leave is due to illness or incapacity. The Credited Service resulting from the conversion of unused paid time off must not be the only Credited Service applied toward the accrual ofa normal retirement benefit under the Plan. The Pension Committee shall be responsible to certify to GMEBS the total amount of Important Note: Leave cannot be converted to Credited Service in lieu of receiving a cash payment. Ifthe Employer elects treating unused paid time off as Credited Service, the conversion to Credited Service will be automatic, and the Participant cannot request a cash payment for the unused paid time off that is creditable hereunder. unused paid time off. The Employer elects the following treatment of unused paid time off: 12- City of Hampton (2023- - 2025 Restatement) a Unused paid time off shall not be treated as Credited Service (if checked, skip to a The following types of unused paid time off for which the Participant is not paid shall be treated as Credited Service under the Plan (check one or more as Section 14 - Retirement Eligibility). applicable): Unused sick leave Unused vacation leave Unused personal leave Other paid time off (must specify in a manner that satisfies the definite written program requirement of Treasury Regulation 1.401-1(a)(2) and the definitely determinable requirement of Treasury Regulation 1.401- 1(b)(1)()): (2) Minimum Service Requirement. In order to receive credit for unused paid time off, a Participant must meet the following requirement at termination (check one): a The Participant must be 100% vested in a normal retirement benefit. D The Participant must have at least years (insert number) of Total Credited Service (not including leave otherwise creditable under this Section). Other (must specify in a manner that satisfies the definite written program requirement of Treasury Regulation 1.401-1(a)(2) and the definitely determinable requirement ofTreasury Regulation 1.401-1(D)0)0): (3) Use of Unused Paid Time Off Credit. Unused paid time off for which the Participant is not paid shall count as Credited Service for the following purposes under the Plan D (check one or more as applicable): B D D Computing amount of benefits payable. Meeting minimum service requirements for vesting. Meeting minimum service requirements for benefit eligibility. (4) Maximum Credit for Unused Paid Time Off. Credit for unused paid time off for which the Participant is not paid shall be limited to a maximum of months (insert number). (5) Computation of Unused Paid' Time Off. Unless otherwise specified by the Adopting Employer under "Other Conditions" below, each twenty (20) days of creditable unused paid time off shall constitute one (1) complete month of (6) Other Conditions (please specify, subject to limitations in Section 3.01 of Basic Plan Document; must specify in a manner that satisfies the definite written program Credited Service under the Plan. Partial months shall not be credited. 13- City of Hampton (2023- - 2025 Restatement) requirement of Treasury Regulation 1.401-1(a)(2) and the definitely determinable requirement of Treasury Regulation 1.401-1(b)@)0): 14. RETIREMENT ELIGIBILITY A. Early Retirement Oualifications Early retirement qualifications are (check one or more: as applicable): B Attainment ofa age 55 (insert number) B Completion of 10 years (insert number) ofTotal Credited Service Exceptions: If different early retirement eligibility requirements apply to a particular class or classes of Eligible Employees, the Employer must specify below the classes to whom the different requirements apply and indicate below the requirements applicable to them. Eligible Employees to whom exception applies (must specify - specific positions are Early retirement qualifications for excepted class(es) are (check one or more as applicable): permissible; specific individuals may not be named): - D Attainment of age Completion of (insert number) years (insert number) of Total Credited Service B. Normal Retirement Oualifications Qualifications, ifany, in Section 14.C. (1) Regular Employees Note: Please complete this Section and also list "Alternative" Normal Retirement Normal retirement qualifications for Regular Employees are (check one or more: as applicable): B Attainment ofage 65 (insert number) R Completion of5years (insert number) of Total Credited Service In-Service Distribution to Eligible Employees permitted (i.e., a qualifying Participant may commence receiving retirement benefits while in service without first incurring a Bona Fide Separation from Service), if Participant meets minimum age and service requirements specified immediately above and satisfies the minimum age parameters for In-Service Distribution described in Section 6.06(a)(3) of the Basic Plan Document, subject to applicable Plan provisions concerning recalculation and offset applied at re-retirement to account for the value of benefits received prior to re-retirement. This rule shall apply to (check one): D all Participants D only the following class(es) of Participants (must specify - specific positions are permissible; specific individuals may not be named): 14- City of Hampton (2023- 2025 Restatement) Exceptions: If different normal retirement qualifications apply to a particular class or classes of Regular Employees, the Employer must specify below the classes to whom the different Class(es) of Regular Employees to whom exception applies (must specify specific positions Normal retirement qualifications for excepted class(es) are (check one or more as applicable): requirements apply and indicate below the requirements applicable to them. are permissible; specific individuals may not be named): D D Attainment ofage Completion of (insert number) years (insert number) ofTotal Credited Service In-Service Distribution to Eligible Employees permitted (i.e., a qualifying Participant may commence receiving retirement benefits while in service without first incurring a Bona Fide Separation from Service), if Participant meets minimum age and service requirements specified immediately above and satisfies the minimum age parameters for In-Service Distribution described in Section 6.06(a)(3) of the Basic Plan Document, subject to applicable Plan provisions concerning recalculation and offset applied at re-retirement to account for the value of benefits received prior to re-retirement. This rule shall apply to (check one): D all Participants D only the following class(es) of Participants (must specify - specific positions are permissible; specific individuals may not be named): (2) Elected or Appointed Members of Governing Authority Complete this Section only if elected or appointed members of the Governing Authority or Municipal Legal Officers are permitted to participate in the Plan. Normal retirement qualifications for this class are (check one or more: as applicable): a D Attainment of age 65 (insert number) Completion of years (insert number) ofTotal Credited Service In-Service Distribution to Eligible Employees permitted (i.e., a qualifying Participant may commence receiving retirement benefits while in service without first incurring a Bona Fide Separation from Service), if Participant meets minimum age and service requirements specified immediately above and satisfies the minimum age parameters for In-Service Distribution described in Section 6.06(a)(3) of the Basic Plan Document, subject to applicable Plan provisions concerning recalculation and offset applied at re-retirement to account for the value of benefits received prior to re-retirement. This rule shall apply to (check one): D all Participants D only the following class(es) of Participants (must specify - specific positions are permissible; specific individuals may not be named): Exceptions: If different normal retirement qualifications apply to particular elected or appointed members of the Governing Authority or Municipal Legal Officers, the Employer must specify 15- City of Hampton (2023- 2025 Restatement) below to whom the different requirements apply and indicate below the requirements applicable Particular elected or appointed members ofthe Governing Authority or Municipal Legal Officers to whom exception applies (must specify - specific positions are permissible; specific Normal retirement qualifications for excepted elected or appointed members of the Governing Authority or Municipal Legal Officers are (check one or more: as applicable): to them. individuals may not be named): D Attainment ofage Completion of (insert number) D D years (insert number) ofTotal Credited Service In-Service Distribution to Eligible Employees permitted (i.e., a qualifying Participant may commence receiving retirement benefits while in service without first incurring a Bona Fide Separation from Service), if Participant meets minimum age and service requirements specified immediately above and satisfies the minimum age parameters for In-Service Distribution described in Section 6.06(a)(3) of the Basic Plan Document, subject to applicable Plan provisions concerning recalculation and offset applied at re-retirement to account for the value of benefits received prior to re-retirement. This rule shall apply to (check one): D all Participants D only the following class(es) of Participants (must specify - specific positions are permissible; specific individuals may not be named): C. Alternative Normal Retirement Oualifications The Employer may elect to permit Participants to retire with unreduced benefits after they satisfy service and/or age requirements other than the regular normal retirement qualifications specified above. The Employer hereby adopts the following alternative normal retirement qualifications: Alternative Normal Retirement Qualifications (check one or more, as applicable): (1) D Not applicable (the Adopting Employer does not offer alternative normal retirement benefits under the Plan). (2) D Alternative Minimum Age & Service Qualifications (if checked, please complete one or more items below, as applicable): Attainment of age Completion of Service (insertnumber) years (insert number) of Total Credited In-Service Distribution to Eligible Employees permitted (i.e., a qualifying Participant may commence receiving retirement benefits while in service without first incurring a Bona Fide Separation from Service). ifE Participant meets minimum age and service requirements specified immediately above and satisfies the minimum age parameters for In-Service 16- City of Hampton (2023-2025 Restatement) Distribution described in Section 6.06(a)(3) of the Basic Plan Document, subject to applicable Plan provisions concerning recalculation and offset applied at re-retirement to account for the value of benefits received prior to re-retirement. This rule shall apply to (check one): all Participants D only the following class(es) of Participants (must specify - specific positions are permissible; specific individuals may not be named): This alternative normal retirement benefit is available to: D All Participants who qualify. D Only the following Participants (must specify - specific positions are permissible; specifici individuals may not be named): Al Participant (check one): Di is required D is not required to be in the service of the Employer at the time the Participant satisfies the above qualifications in order Other eligibility requirement (must specify in a manner that satisfies the definite written program requirement of Treasury Regulation 1.401-1(a)(2) and the definitely determinable requirement of Treasury Regulation 1.401- to qualify for this alternative normal retirement benefit. 1(b)(1)()): (3) D Rule of (insert number). The Participant's combined Total Credited Service and age must equal or exceed this number. Please complete additional To qualify for this alternative normal retirement benefit, the Participant (check items below: one or more items below, as applicable): D Must have attained at least age (insert number) D Must not satisfy any minimum age requirement In-Service Distribution to Eligible Employees permitted (i.e., a qualifying Participant may commence receiving retirement benefits while in service without first incurring a Bona Fide Separation from Service), if the Participant meets the minimum age and service requirements specified immediately above and satisfies the minimum age parameters for In- Service Distribution described in Section 6.06(a)(3) of the Basic Plan Document, subject to applicable Plan provisions concerning recalculation and offset applied at re-retirement to account for the value of benefits received prior to re-retirement. This rule shall apply to (check one): Call Participants D only the following class(es) of Participants (must specify specific positions are permissible; specific individuals may not be named): This alternative normal retirement benefit is available to: D All Participants who qualify. -17- City of Hampton (2023- -2025 Restatement) D Only the following Participants (must specify - specific positions are AF Participant (check one): D is required a is not required to be in the service of the Employer at the time the Participant satisfies the Rule in order to qualify for Other eligibility requirement (must specify in a manner that satisfies the definite written program requirement of Treasury Regulation 1.401-1(a)(2) and the definitely determinable requirement of Treasury Regulation 1.401- Alternative Minimum Service. A Participant is eligible for an alternative normal permissible; specific individuals may not be named): this alterative normal retirement benefit. 1(b)(1)()): (4) D retirement benefit if the Participant has at least ofTotal Credited Service, regardless of the Participant's age. years (insert number) a In-Service Distribution to Eligible Employees permitted (i.e., a qualifying Participant may commence receiving retirement benefits while in service without first incurring a Bona Fide Separation from Service), if the Participant meets the minimum service requirement specified immediately above and satisfies the minimum age parameters for In-Service Distribution described in Section 6.06(a)(3) of the Basic Plan Document, subject to applicable Plan provisions concerning recalculation and offset applied at re-retirement to account for the value of benefits received prior to re-retirement. This rule shall apply to (check one): D all Participants D only the following class(es) of Participants (must specify - specific positions are permissible; specific individuals may not be named): Thisalternative normal retirement benefit is available to: D All Participants who qualify. Only the following Participants (must specify - specific positions are permissible; specific individuals may not be named): Al Participant (check one): D is required D is not required to be in the service of the Employer at the time the Participant satisfies the qualifications for this Other eligibility requirement (must specify in a manner that satisfies the definite written program requirement of Treasury Regulation 1.401-1(a)(2) and the definitely determinable requirement of Treasury Regulation 1.401- alternative normal retirement benefit. 1(b)(1)()): (5) D Other Alternative Normal Retirement Benefit. Must specify qualifications (in a manner that satisfies the definite written program requirement ofTreasury Regulation 1.401-1(a)(2) and the definitely determinable requirement ofTreasury Regulation 1.401-1(b)0)0): 18- City of Hampton (2023-2025 Restatement) In-Service Distribution to Eligible Employees permitted (i.e., a qualifying Participant may commence receiving retirement benefits while in service without first incurring a Bona Fide Separation from Service), if the Participant meets minimum age and service requirements specified immediately above and satisfies the minimum age parameters for In- Service Distribution described in Section 6.06(a)(3) of the Basic Plan Document, subject to applicable Plan provisions concerning recalculation and offset applied at re-retirement to account for the value of benefits received prior to re-retirement. This rule shall apply to (check one): Dall Participants D only the following class(es) of Participants (must specify specific positions are permissible; specific individuals may not be named): This alternative normal retirement benefit is available to: D All Participants who qualify. D Only the following Participants (must specify - specific positions are A Participant (check one): D is required D is not required to be in the service of the Employer at the time the Participant satisfies the qualifications for this Other eligibility requirement (must specify in a manner that satisfies the definite written program requirement of Treasury Regulation 1.401-1(a)(2) and the definitely determinable requirement of Treasury Regulation 1.401- permissible; specific individuals may not be named): alternative normal retirement benefit. 1(b)(1)()): Only. (6) R Other Alternative Normal Retirement Benefit for Public Safety Employees Must specify qualifications (in a manner that satisfies the definite written program requirement ofTreasury Regulation 1.401-1(a)(2) and the definitely determinable requirement of Treasury Regulation 1.401-1(b)01)0): Rule of 80: The Participant's combined Total Credited Service and age must equal or exceed this number. To qualify for this Alternative Normal Retirement benefit, the Participant must have attained at least age5 55. In-Service Distribution to Eligible Employees who are Public Safety Employees permitted (i.e., a qualifying Participant may commence receiving retirement benefits while in service without first incurring a Bona Fide Separation from Service), ift the Participant meets minimum age and service requirements specified immediately above and satisfies the minimum age parameters for In-Service Distribution Described in Section 6.06(a)(3) of the Basic Plan Document, subject to applicable Plan provisions concerning recalculation and offset applied at re-retirement to account for the value of benefits received prior to re-retirement. This rule -19- Cityo of! Hampton (2023- 2025 Restatement) shall apply to (check one): a all Participants D only the following class(es) of Participants (must specify - specific positions are permissible; specific individuals may not be named): This alternative normal retirement benefit is available to: a All public safety employee Participants who qualify. B Only the following public safety employee Participants (must specify - specific positions are permissible; specific individuals may not be named): Firefighters and Police Officers as defined in Sections 2.34 A public safety employee Participant (check one): D is required B is not required to be in the service of the Employer at the time the Participant satisfies the qualifications for this alternative normal retirement benefit. Other eligibility requirement (must specify in a manner that satisfies the definite written program requirement of Treasury Regulation 1.401-1(a)(2) and the definitely determinable requirement of Treasury Regulation 1.401- Note: "Public safety employees" are defined under the Internal Revenue Code for this purpose as employees of a State or political subdivision of a State who provide police protection, firefighting services, or emergency medical services for any area within the and2sl.repectihveh. of the Basic Plan Document. 1(b)(1)(i)): jurisdiction of such State or political subdivision. D. Disability Benefit Qualifications Subject to the other terms and conditions of the Basic Plan Document and except as otherwise provided in an Addendum to this Adoption Agreement, disability retirement qualifications are based upon Social Security Administration award criteria or as otherwise provided under Section 2.23 of the Basic Plan Document. The Disability Retirement benefit shall commence as ofthe Participant's Disability Retirement Date under Section 2.24 ofthe Basic Plan Document. To qualify for a disability benefit, a Participant must have the following minimum number of years ofTotal Credited Service (check one): D Not applicable (the Adopting Employer does not offer disability retirement benefits under the Plan). B No minimum. years (insert number) ofTotal Credited Service. Other eligibility requirement (must specify in a manner that satisfies the definite written program requirement ofTreasury Regulation 1.401-1(a)(2) and the definitely determinable requirement ofTreasury Regulation 1.401-1(b)@)0): -20- City of Hampton (2023-2025 Restatement) 15. RETIREMENT BENEFIT COMPUTATION A. Maximum Total Credited Service (check one or all that apply): B not limited. D limited to limited to Employees: The number of years of Total Credited Service which may be used to calculate a benefit is years for all Participants. years for the following classes of Eligible Regular a All Eligible Regular Employees. Only the following Eligible Regular Employees: limited to Authority. D limited to years as an elected or appointed member of the Governing years as a Municipal Legal Officer. D Other (must specify in a manner that satisfies the definite written program requirement of Treasury Regulation 1.401-1(a)(2) and the definitely determinable requirement ofTreasury Regulation 1.401-I(b)d)0): B. Monthly Normal Retirement Benefit Amount (1) Regular Emplovee Formula and complete one or more as applicable): The monthly normal retirement benefit for Eligible Regular Employees shall be 1/12 of (check B (a) Flat Percentage Formula. 2.0% (insert percentage) of Final Average Earnings multiplied by years of Total Credited Service as an Eligible Regular Employee. This formula applies to: B All Participants who are Regular Employees. D Only the following Participants (must specify - specific positions are permissible; specific individuals may not be named): a (b) Alternative Flat Percentage Formula. % (insert percentage) of Final Average Earnings multiplied by years of Total Credited Service as an Eligible Regular Employee. This formula applies to the following Participants (must specify - specific positions are permissible; specific individuals may not be named):. 21- City of Hampton (2023-2025. Restatement) D (c) Split Final Average Earnings Formula. % (insert percentage) of Final Average Earnings up to the amount of Covered Compensation (see subsection (2) below for definition of Covered Compensation), plus % (insert percentage) of Final Average Earnings in excess ofs said Covered Compensation, multiplied by years of Total Credited Service as an Eligible Regular Employee. This formula applies to: a All Participants who are Regular Employees. Only the following Participants (must specify specific positions are permissible; specifici individuals may not be named): percentage) of Final Average Eamings up to the amount of Covered Compensation (see subsection (2) below for definition of Covered Earnings in excess of said Covered Compensation, multiplied by years of Total Credited Service as an Eligible Regular Employee. D (d) Alternative Split Final Average Earnings Formula. % (insert Compensation), plus This formula applies to: 0 AIl Participants. % (insert percentage) of Final Average Only the following Participants (must specify specific positions are permissible; specific individuals may not be named):. [Repeat above subsections as necessary for each applicable benefit formula and Participant class covered under the Plan.] (2) Covered Compensation (complete only ifSplit Formula(s) is checked above): Covered Compensation is defined as (check one or more as applicable): D (a) A.I.M.E. Covered Compensation as defined in Section 2.18 of the Basic Plan Document. This definition of Covered Compensation shall apply to (check one): D AIl Participants who are Regular Employees. are permissible; specific individuals may not be named): Only the following Participants (must specify specific positions D (b) Dynamic Break Point Covered Compensation as defined in Section 2.19 of the Basic Plan Document. This definition of Covered Compensation shall apply to (check one): D D All Participants who are Regular Employees. Only the following Participants (must specify - specific positions are permissible; specific individuals may not be named): -22- City ofl Hampton (2023-2 2025 Restatement) J (c) Table Break Point Covered Compensation as defined in Section 2.20 of the Basic Plan Document. This definition of Covered Compensation shall apply to (check one): D D All Participants who are Regular Employees. Only the following class(es) of Participants (must specify - specific positions are permissible; specific individuals may not be named): do not exceed $ apply to (check one): D J D (d) Covered Compensation shall mean a Participant's annual Earnings that (specify amount). This definition shall All Participants who are Regular Employees. Only the following Participants (must specify specific positions are permissible; specific individuals may not be named): (3) Final Average Earnings Unless otherwise specified in an Addendum to the Adoption Agreement, Final Average Earnings is defined as the monthly average of Earnings paid to a Participant by the Adopting Employer for the 60 (insert number not to exceed 60) consecutive months of Credited Service preceding the Participant's most recent Termination in which the Participant's Earnings were the highest, multiplied by 12. Note: GMEBS has prescribed forms for calculation of Final Average Earnings that must be used for this purpose. This definition of Final Average Earings applies to: B AIl Participants who are Regular Employees. specific individuals may not be named): Only the following Participants (must specify - specific positions are permissible; [Repeat above subsection as necessary for each applicable definition and Participant class (4) Formula for Elected or Appointed Members of the Governing Authority The monthly normal retirement benefit for members ofthis class shall be as follows (check one): Not applicable (elected or appointed members of the Governing Authority or Municipal $25.00 (insert dollar amount) per month for each year of Total Credited Service as an elected or appointed member of the Governing Authority or Municipal Legal Officer (service of at least 6 months and I day is treated as a year of Total Credited Service; provided, however, than an elected or appointed member of the Govering Authority or Municipal Legal Officer may accrue a maximum of one year of Total Credited Service for every 12-month period of Service as an elected or appointed member of the covered under the Plan.] D B Legal Officers are not permitted to participate in the Plan). Governing Authority or Municipal Legal Officer). -23- City of Hampton (2023-2025 Restatement) This formula applies to: B L All elected or appointed members of the Governing Authority or Municipal Legal Only the following elected or appointed members of the Governing Authority or Municipal Legal Officers eligible to participate (must specify - specific positions are [Repeat above subsection as necessary for each applicable formula for classes of elected or Officers eligible to participate. permissible; specific individuals may not be named): appointed members covered under the Plan.] C. Monthly Early Retirement Benefit Amount Check and complete one or more as applicable: B (1) Standard Early Retirement Reduction Table. The monthly Early Retirement benefit shall be computed in the same manner as the monthly Normal Retirement benefit, but the benefit shall be reduced on an Actuarially Equivalent basis in accordance with Section 12.01 of the Basic Plan Document to account for early commencement of benefits. This provision shall apply to: B AIl Participants. D Only the following Participants (must specify specific positions are permissible; specific individuals may not be named): Retirement benefit shall be computed in the same manner as the monthly Normal Retirement benefit, but the benefit shall be reduced to account for early commencement of benefits based on the following table. This table D Only the following Participants (must specify - specific positions are permissible; specific individuals may not be named): D (2) Alternative Early Retirement Reduction Table. The monthly Early shall apply to: D All Participants. Alternative Early Retirement Reduction Table [Age (Insert Normal Normal Retirement Benefit* Number ofYears Before Retirement Age)l (check as applicable) D 0 D 1 D 2 D 3 D 4 D 5 Percentage of (complete as applicable) 1.000 0. 0. 0. 0. 0. -24- City of Hampton (2023- 2025 Restatement) D 6 D 7 D 8 D 9 D 10 D 11 12 13 14 15 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. *Interpolate for whole months D. Monthly Late Retirement Benefit Amount (check one): B (1) The monthly Late Retirement benefit shall be computed in the same D (2) The monthly Late Retirement benefit shall be the greater of: (1)the manner as the Normal Retirement Benefit, based upon the Participant's Accrued Benefit as ofthe Participant's Late Retirement Date. monthly retirement benefit accrued as of the Participant's Normal Retirement Date, actuarially increased in accordance with the actuarial table contained in Section 12.05 of the Basic Plan Document; or (2)the monthly retirement benefit accrued as of the Participant's Late Retirement Date, without further actuarial adjustment under Section 12.06 of the Basic Plan Document. E. Monthly Disability Benefit Amount The amount of the monthly Disability Benefit shall be computed in the same manner as the Normal Retirement benefit, based upon the Participant's Accrued Benefit as of the Participant's Minimum Disability Benefit. The Adopting Employer may set a minimum Disability Benefit. Disability Retirement Date. The Employer elects the following minimum Disability benefit (check one): D Not applicable (the Adopting Employer does not offer disability retirement benefits under the Plan). D No minimum is established. B No less than (check one): B 20% D 10%D D % (if other than 20% or 10% insert percentage amount) of the Participant's average monthly Earnings for the 12 calendar month period (excluding any period of unpaid leave of absence) immediately preceding the Participant's Termination of Employment as a result of aD Disability. (Unless otherwise specified in an Addendum to the Adoption Agreement, no minimum will apply to elected or appointed members of the Governing Authority or Municipal Legal Officers.) -25- City of Hampton (2023-2025 Restatement) No less than (check one): 0662/3%0 % (if other than 66 2/3%, insert percentage amount) oft the Participant's average monthly Earnings for the 12 calendar month period (excluding any period of unpaid leave of absence) immediately preceding the Participant's Termination of Employment as a result of al Disability, less any monthly benefits paid from federal Social Security benefits as a result of disability as reported by the Employer. (Unless otherwise specified in an Addendum to the Adoption Agreement, no minimum will apply to elected or appointed members oft the Governing Authority or Municipal Legal Officers.) F. Minimum/Maximum Benefit For Elected Officials In addition to any other limitations imposed by federal or state law, the Employer may impose a cap on the monthly benefit amount that may be received by elected or appointed members oft the Governing Authority. The Employer elects (check one): J D B Not applicable (elected or appointed members of the Governing Authority do not participate in the Plan). No minimum or maximum applies. Monthly benefit for Service as an elected or appointed member of the Governing Authority may not exceed 100% of the Participant's final salary as an elected or Other minimum or maximum (must specify in a manner that satisfies the definite written program requirement of Treasury Regulation 1.401-1(a)(2) and the definitely determinable requirement of Treasury Regulation 1.401- appointed member of the Governing Authority. 1(b)(1)()): G. Multiple Plans In the event that the Employer maintains multiple plans, the following provisions will apply to the extent necessary to satisfy Code $415. 16. SUSPENSION OF BENEFITS FOLLOWING BONA FIDE SEPARATION OF SERVICE; COLA A. Re-Employment as Eligible Emplovee After Normal, Alternative Normal, or Early Retirement and Following Bona Fide Separation of Service (see Basic Plan Document Section 6.06(c) Regarding Re-Employment as an Ineligible Emplovee and Basic Plan Document Section 6.06(e) and (D) Regarding Re-Employment After (1) Reemployment After Normal or Alternative Normal Retirement. In the event that a Retired Participant 1) is reemployed with the Employer as an Eligible Employee (as defined in the Plan) after the Participant's Normal or Alternative Normal Retirement Date and after a Bona Fide Separation from Service, or 2) is reemployed with the Employer in an Disability Retirement) -26- City ofHampton (2023. - 2025 Restatement) Ineligible Employee class, and subsequently again becomes an Eligible Employee (as defined in the Plan) due to the addition of such class to the Plan after the Participant's Normal or Alternative Normal Retirement Date, the following rule shall apply (check one): R (a) The Participant's benefit shall be suspended in accordance with D (b) The Participant may continue to receive retirement benefits in Section 6.06(a)(1) of the Basic Plan Document for as long as the accordance with Section 6.06(b) of the Basic Plan Document. This rule shall apply to (check one): Dall Retired Participants D only the following classes of Retired Participants (must specify (specific positions are permissible; specific individuals may not be named) - benefits of those Retired Participants not listed shall be suspended in accordance with Section 6.06(a) of the Basic Plan Document if they return to work with the Participant remains employed. Employer): (2) Reemployment After Early Retirement. In the event a Participant Retires with an Early Retirement benefit after a Bona Fide Separation from Service 1) is reemployed with the Employer as an Eligible Employee before the Participant's Normal Retirement Date; or 2) is reemployed with the Employer in an Ineligible Employee class, and subsequently again becomes an Eligible Employee (as defined in the Plan) before the Participant's Normal Retirement Date due to the addition of such class to the Plan, the following rule shall apply (check one or more as applicable): (a) B The Participant's Early Retirement benefit shall be suspended in accordance with Section 6.06(a)(1) of the Basic Plan Document for as This rule shall apply to (check one): B all Retired Participants; D only the following classes of Retired Participants (must specify - specific positions are permissible; specific individuals may not be named): The Participant's Early Retirement benefit shall be suspended in accordance with Section 6.06(a)(1) oft the Basic Pian Document. However, the Participant may begin receiving benefits after satisfying the qualifications for Normal Retirement or Alternative Normal Retirement, as applicable, and after satisfying the minimum age parameters of Section 6.06(a)(3) of the Basic Plan Document, in accordance with This rule shall apply to (check one): D all Retired Participants; 0 only the following classes of Retired Participants (must specify specific positions are permissible; specific individuals may not be named): long as the Participant remains employed. (b) L Section 6.06(b)(2)(B)0) ofthe Basic Plan Document. -27- City of Hampton (2023 2025 Restatement) (c) D The Participant's Early Retirement benefit shall continue in accordance with Section 6.06(b)(2)(B)0), ofthe Basic Plan Document. This rule shall apply to (check one): a all Retired Participants; a only the following classes of Retired Participants (must specify - specific positions are permissible; specific individuals may not be named): B. Cost OfLiving Adjustment The Employer may elect to provide for an annual cost-of-living adjustment (COLA) in the amount of benefits being received by Retired Participants and Beneficiaries, which shall be calculated and paid in accordance with the terms of the Basic Plan Document. The Employer hereby elects the following (check one): B (1) No cost-of-living adjustment. D (2) Variable Annual cost-of-living adjustment not to exceed D (3) Fixed annual cost-of-living adjustment equal to % (insert % (insert percentage). percentage). The above cost-of-living adjustment shall apply with respect to the following Participants (and their Beneficiaries) (check one): R All Participants (and their Beneficiaries). D Participants (and their Beneficiaries) who terminate employment Other (must specify in a manner that satisfies the definite written program requirement of Treasury Regulation 1.401- 1(a)(2) and the definitely determinable requirement of Treasury Regulation 1.401-1(b)0)0); specific positions are permissible; specific individuals may not be named):. onorafter (insert date). The Adjustment Date for the above cost-of-living adjustment shall be (if not specified, the 17. TERMINATION OF EMPLOYMENT BEFORE RETIREMENT; Adjustment Date shall be. January 1): VESTING A. Eligible Regular Emplovees Subject to the terms and conditions of the Basic Plan Document, a Participant who is an Eligible Regular Employee and whose employment is terminated for any reason other than death or retirement shall earn a vested right in the Participant's accrued retirement benefit in accordance with the following schedule (check one): No vesting schedule (immediate vesting). -28- City of Hampton (2023-2025 Restatement) R Cliff Vesting Schedule. Benefits shall be 100% vested after the Participant has a minimum of 5years (insert number not to exceed 10) of'Total Credited Service. Benefits remain 0% vested until the Participant satisfies this minimum. Graduated Vesting Schedule. Benefits shall become vested in accordance with the following schedule (insert percentages): COMPLETEDYEARS OFTOTALCREDITED: SERVICE VESTED PERCENTAGE % % % % % % % % % % 2 3 4 5 6 7 8 9 10 Exceptions: Ifa vesting schedule other than that specified above applies to a special class(es) of Regular Employees, the Employer must specify the different vesting schedule below and the Regular Employees to whom exception applies (must specify - specific positions are Vesting Schedule for excepted class (Must specify in a manner that satisfies the definite written program requirement of Treasury Regulation 1.401-1(a)(2) and the definitely determinable requirement of Treasury Regulation 1.401-1(b)()0). Must be at least as favorable as one of the following schedules: (i) 15-year cliff vesting, (ii) 20-year graded vesting, or (ii) for qualified public safety employees, 20-year cliffvesting.): B. Elected or Appointed Members of the Governing Authority class(es) to whom the different vesting schedule applies. permissible; specific individuals may not be named): Subject to the terms and conditions of the Basic Plan Document, a Participant who is an elected or appointed member of the Governing Authority or a Municipal Legal Officer shall earn a vested right in the Participant's accrued retirement benefit for Credited Service in such capacity ina accordance with the following schedule (check one): D Not applicable (elected or appointed members of the Governing Authority are not permitted to participate in the Plan). E No vesting schedule (immediate vesting). D Other vesting schedule (Must specify in a manner that satisfies the definite written program requirement of Treasury Regulation 1.401-1(a)(2) and the definitely determinable requirement of Treasury Regulation 1.401-1(b)(1)00. Must be at least as favorable as one of the following schedules: () 15-year -29- City of Hampton (2023 2025 Restatement) cliff vesting, (i) 20-year graded vesting, or (ir) for qualified public safety employees, 20-year cliff vesting.): 18. PRE-RETIREMENT DEATH BENEFITS A. In-Service Death Benefit Subject to the terms and conditions of the Basic Plan Document, the Employer hereby elects the following in-service death benefit, to be payable in the event that an eligible Participant's employment with the Employer is terminated by reason of the Participant's death prior to Retirement (check and complete one): (1) D Auto A Death Benefit. A monthly benefit payable to the Participant's Pre-Retirement Beneficiary, equal to the decreased monthly retirement benefit that would have otherwise been payable to the Participant, had the Participant elected a 100% joint and survivor benefit under Section 7.03 of the Basic Plan Document. In order to be eligible for this benefit, a Participant must meet the D The Participant must be vested in a normal retirement benefit. following requirements (check one): The Participant must have Credited Service. years (insert number) of Total The Participant must be eligible for Early or Normal Retirement. Other eligibility requirement (must specify in a manner that satisfies the definite written program requirement of Treasury Regulation 1.401- 1(a)(2) and the definitely determinable requirement of Treasury Actuarial Reserve Death Benefit. A monthly benefit payable to the Participant's Pre-Retirement Beneticiary, actuarially equivalent to the reserve required for the Participant's anticipated Normal Retirement benefit, provided the Participant B The Participant shall be eligible upon satisfying the eligibility requirements of Section 8.02(c) ofthe Basic Plan Document. Regulation 1.401-1(b)0)0): (2) 3 meets the following eligibility conditions (check one): The Participant must have Serviçe. years (insert number) ofTotal Credited Other eligibility requirement (must specify in a manner that satisfies the definite written program requirement of Treasury Regulation 1.401- 1(a)(2) and the definitely determinable requirement of Treasury Imputed Service. For purposes of computing the actuarial reserve death benefit, the Participant's Total Credited Service shall include (check one): Regulation 1.401-1(b)C)0): -30- City of Hampton (2023 2025 Restatement) D Total Credited Service accrued prior to the date of the Participant's death. B Total Credited Service accrued prior to the date oft the Participant's death, fraction) of the Service between such date of death and what would otherwise have been the Participant's Normal Retirement Date. (See Basic Plan Document Section 8.02(b) regarding 10-year cap on additional plus (check one): Bone-half (V) D (insert other Credited Service.) Minimum In-Service Death Benefit for Vested Employees Equal to Terminated Vested Death Benefit. Unless otherwise specified under "Exceptions" below, ifa Participant's employment is terminated by reason of the Participant's death prior to Retirement, and ifas oft the date of death the Participant is vested but does not qualify for the in-service death benefit, then the Auto A Death Benefit will be payable, provided the Auto A Death Benefit is made available to terminated vested employees under the Adoption Agreement (see Terminated Vested Death (3) Exceptions: If an in-service death benefit other than that specified above applies to one or more classes of Participants, the Employer must specify below the death benefit payable, the class(es) to whom the different death benefit applies, and the eligibility conditions Alternative Death Benefit (must specify formula that satisfies the definite written program and definitely determinable requirements of Treasury Regulations Sections 1.401-1(a)(2) and 1.401-1(b)(1)0) and does not violate limits applicable to governmental plans under Participants to whom alternative death benefit applies (must specify - specific positions are Eligibility conditions for alternative death benefit (must specify in a manner that satisfies the definite written program requirement of Treasury Regulation 1.401-1(a)(2) and the definitely determinable requirement ofTreasury Regulation 1.401-1(b)()0): Benefit" below). for said death benefit. Code Sections 401(a)(17) and 415): permissible; specific individuals may not be named):. B. Terminated Vested Death Benefit (1) Complete this Section only if the Employer offers a terminated vested death benefit. The Employer may elect to provide a terminated vested death benefit, to be payable in the event that a Participant who is vested dies after termination of employment but before Retirement benefits commence. Subject to the terms and conditions oft the Basic Plan Document, the Employer hereby elects the following terminated vested death benefit (check one): B Auto A Death Benefit. A monthly benefit payable to the Participant's Pre-Retirement Beneficiary, equal to the decreased monthly retirement benefit that would have otherwise been payable to the Participant had the Participant elected a 100% joint and survivor benefit under Section 7.03 of the Basic Plan Document. -31- City of Hampton (2023. -2025 Restatement) Accrued Retirement Benefit. A monthly benefit payable to the Participant's Pre-Retirement Beneficiary which shall be actuarially equivalent to the Participant's Accrued Normal Retirement Benefit determined as of the date of (2) Exceptions: Ifa terminated vested death benefit other than that specified above applies to one or more classes of Participants, the Employer must specify below the death benefit payable, the class(es) to whom the different death benefit applies, and the eligibility conditions Alternative Death Benefit (must specify formula that satisfies the definite written program and definitely determinable requirements of Treasury Regulations Sections 1.401-1(a)(2) and 1.401-1(b)(1)0) and does not violate limits applicable to governmental plans under Participants to whom alternative death benefit applies (must specify - specific positions are Eligibility conditions for alternative death benefit (must specify in a manner that satisfies the definite written program requirement of Treasury Regulation 1.401-1(a)(2) and the definitely determinable requirement ofTreasury Regulation 1.401-1(b)()0): death. fors said death benefit. Code Sections 401(a)(17) and 415): permissible; specific individuals may not be named):. 19. EMPLOYEE CONTRIBUTIONS (1) Employee contributions (check one): B Are not required. Are required in the amount of Participants. Are required in the amount of % (insert percentage) of Earnings for all % (insert percentage) of Earnings for Participants in the following classes (must specify - specific positions are [Repeat above. subsection as necessary if more than one contribution rate applies.] (2) Pre-Tax Treatment of Employee Contributions. If Employee Contributions are required in Subsection(I) above, an Adopting Employer may elect to "pick up" Employee Contributions to the Plan in accordance with IRC Section 414(h). In such case, Employee Contributions shall be made on a pre-tax rather than a post-tax basis, provided the requirements of IRC Section 414(h) are met. If the Employer elects to pick up Employee Contributions, iti is the Employer's responsibility to ensure that Employee Contributions are paid and reported in accordance with IRC Section 414(h). The Adopting Employer must not report picked up permissible; specific individuals may not be named): contributions as wages subject to federal income tax withholding. The Employer hereby elects (check one): D To pick up Employee Contributions. By electing to pick up Employee Contributions. the Adopting Employer specifies that the contributions, although -32- City of Hampton (2023- 2025 Restatement) designated as Employee Contributions, are being paid by the Employer in lieu of Employee Contributions. The Adopting Employer confirms that the executor of this Adoption Agreement is duly authorized to take this action as required to pick up contributions. This pick-up of contributions applies prospectively, and iti is evidenced by this contemporaneous written document. On and after the date of the pick-up of contributions, a Participant does not have a cash or deferred election right (within the meaning of Treasury Regulation Section 1.401()-1(a)(3) with respect to the designated Employee Contributions, which includes not having the option of receiving the amounts directly instead of having them paid to the Plan. Not to pick up Employee Contributions. D (3) Interest on Employee Contributions. The Adopting Employer may elect to pay interest on any refund of Employee Contributions. D D Interest shall not be paid. by GMEBS from time to time. Interest shall be paid on a refund of Employee Contributions at a rate established Other rate ofi interest (must specify rate in a manner that satisfies the definite written program requirement of Treasury Regulation 1.401-1(a)(2) and the definitely determinable requirement of Treasury Regulation 1.401-1(b)00): 20. MODIFICATION OF THE TERMS OF THE ADOPTION AGREEMENT If an Adopting Employer desires to amend any of its elections contained in this Adoption Agreement (or any Addendum), the Governing Authority by official action must adopt an amendment of the Adoption Agreement (or any Addendum) or a new Adoption Agreement (or Addendum) must be adopted and forwarded to the Board for approval. The amendment of the new Adoption Agreement (or Addendum) is not effective until approved by the Board and other The Administrator will timely inform the Adopting Employer of any amendments made by the procedures required by the Plan have been implemented. Board to the Plan. 21. TERMINATION OF THE ADOPTION AGREEMENT This Adoption Agreement (and any Addendum) may be terminated only in accordance with the Plan. The Administrator will inform the Adopting Employer in the event the Board should decide to discontinue this pre-approved plan program. -33- City of Hampton (2023-2025 Restatement) 22. EMPLOYER ADOPTION AND AUTHORIZATION FOR AMENDMENTS Adoption. The Adopting Employer hereby adopts the terms oft the Adoption Agreement and any Addendum, which is attached hereto and made a part ofthis ordinance. The Adoption Agreement (and, if applicable, the Addendum) sets forth the Employees to be covered by the Plan, the benefits to be provided by the Adopting Employer under the Plan, and any conditions imposed by the Adopting Employer with respect to, but not inconsistent with, the Plan. The Adopting Employer reserves the right to amend its elections under the Adoption Agreement and any Addendum, sO long as the amendment is not inconsistent with the Plan or the Internal Revenue Code or other applicable law and is approved by the Board of Trustees of GMEBS. The Adopting Employer acknowledges that it may not be able to rely on the pre-approved plan opinion letter ifit makes certain elections under the Adoption Agreement or the Addendum, and that the failure to properly complete the Adoption Agreement may result in a failure of the The Adopting Employer hereby agrees to abide by the Basic Plan Document, Trust Agreement, and rules and regulations adopted by the Board ofTrustees of GMEBS, as each may be amended from time to time, in all matters pertaining to the operation and administration of the Plan. Itis intended that the Act creating the Board of Trustees of GMEBS, this Plan, and the rules and regulations of the Board are to be construed in harmony with each other. In the event of a conflict between the provisions ofany ofthe foregoing, they shall govern in the following order: (1) The Act creating the Board of Trustees of The Georgia Municipal Employees' Benefit System, O.C.G.A. Section 47-5-1 et seq. (a copy of which is included in the Appendix to the Basic Defined Benefit Plan Document) and any other Adopting Employer's Plan to be a qualified plan. applicable provisions ofO.C.G.A. Title 47; (2) The Basic Defined Benefit Plan Document and Trust Agreement; (3) This Ordinance and Adoption Agreement (and any Addendum); and (4) The rules and regulations of the Board. In the event that any section, subsection, sentence, clause or phrase ofthis Plan shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the previously existing provisions or the other section or sections, subsections, sentences, clauses or phrases of this Plan, which shall remain in full force and effect, as if the section, subsection, sentence, clause or phrase sO declared or adjudicated invalid or unconstitutional were not originally a part hereof. The Governing Authority hereby declares that it would have passed the remaining parts of this Plan or retained the previously existing provisions ifit had known that such part or parts hereofv would be declared or adjudicated invalid or unconstitutional. This Adoption Agreement (and any Addendum) may only be used in conjunction with Georgia Municipal Employees Benefit System Basic Defined Benefit Retirement Plan Document approved by the Internal Revenue Service under opinion letter Q705465a dated August 31, 2023. The Adopting Employer understands that failure to properly complete this Adoption Agreement (or any Addendum), or to operate and maintain the Plan and Trust in accordance with the terms oft the completed Adoption Agreement (and any Addendum), Basic Plan Document and Trust, -34- City of Hampton (2023- -2025 Restatement) may result in disqualification oft the Adopting Employer's Plan under the Internal Revenue Code. Inquiries regarding the adoption of the Plan, the meaning of Plan provisions, or the effect oft the IRS opinion letter should be directed to the Administrator. The Administrator is Georgia Municipal Employees Benefit System, with its primary business offices located at: 201 Pryor Street, SW, Atlanta, Georgia, 30303. The business telephone number is: (404)688-0472. The Authorization for Amendments. Effective on and after February 17, 2005, the Adopting Employer hereby authorizes the pre-approved plan provider who sponsors the Plan on behalf of GMEBS to prepare amendments to the Plan, for approval by the Board, on its behalf as provided under Revenue Procedure 2005-16, as superseded by Revenue Procedure 2015-36, Revenue Procedure 2011-49, and Announcement 2005-37. Effective January 1,2013, Georgia Municipal Association, Inc., serves as the pre-approved plan provider for the Plan. Employer notice and signature requirements were met for the Adopting Employer before the effective date of February 17,2005. The Adopting Employer understands that the implementing amendment reads primary person to contact is: GMEBS Legal Counsel. as follows: On and after February 17, 2005, the Board delegates to the Provider the authority to advise and prepare amendments to the Plan, for approval by the Board, on behalfofall. Adopting Employers, including those Adopting Employers who have adopted the Plan prior to the January 1, 2013, restatement of the Plan, for changes in the Code, the regulations thereunder, revenue rulings, other statements published by Internal Revenue Service, including model, sample, or other required good faith amendments (but only if their adoption will not cause such Plan to be individually designed), and for corrections of prior approved plans. These amendments shall be applied to all Adopting Employers. Employer notice and signature requirements have been met for all Adopting Employers before the effective date of February 17, 2005. In any event, any amendment prepared by the Practitioner and approved by the Board will be provided by the Administrator to Adopting Employers. Notwithstanding the foregoing paragraph, no amendment to the Plan shall be prepared on behalf ofany Adopting Employer as of either: the date the Internal Revenue Service requires the Adopting Employer to file Form 5300 as an individually designed plan as a result of an amendment by the Adopting Employer to incorporate a type of Plan not allowable in a pre-approved plan as described in as of the date the Plan is otherwise considered an individually designed plan due to the nature and extent of the amendments. Ifthe Adopting Employer is required to obtain a determination letter for any reason in order to maintain reliance on the opinion letter, the Provider's authority to amend the Plan on behalf oft the Adopting Employer is conditioned on Revenue Procedure 2017-41; or the Plan receiving a favorable determination letter. -35- City of Hampton (2023. - 2025 Restatement) The Adopting Employer further understands that, if it does not give its authorization hereunder or, in the alternative, adopt another pre-approved plan, its Plan will become an individually designed plan and will not be able to rely on the pre-approved plan opinion letter. Reliance on Opinion Letter. As provided in Revenue Procedure 2017-41, the Adopting Employer may rely on the Plan's opinion letter, provided that the Adopting Employer's Plan is identical to the GMEBS Plan, and the Adopting Employer has not amended or made any modifications to the Plan other than to choose the options permitted under the Plan, Adoption Agreement, and any Addendum. -36- City of Hampton (2023- -2 2025 Restatement) AN ORDINANCE (continued from page 1) Section 2. Except as otherwise specifically required by law or by the terms oft the Basic Plan Document or Adoption Agreement (or any Addendum), the rights and obligations under the Plan with respect to persons whose employment with the City was terminated or who vacated office with the City for any reason whatsoever prior to the effective date of this Ordinance are fixed and shall be governed by such Plan, if any, as it existed and was in effect at the time of Section 3. The effective date of this Ordinance shall be the date of its approval by the Governing Authority (not earlier than the first day of the current Plan Year in which the Plan is adopted, unless a retroactive corrective amendment is permitted under EPCRS, such termination. Rev. Proc. 2021-30 (or subsequent updated guidance)). Section 4. All Ordinances and parts of ordinances in conflict herewith are expressly Approved by the Mayor and Council of the City of Hampton, Georgia, this repealed. of Attest: City Clerk (SEAL) Approved: City Attorney day 20 CITY OF HAMPTON, GEORGIA Mayor The terms of the foregoing Adoption Agreement are approved by the Board of Trustees IN WITNESS WHEREOF, the Board of Trustees of Georgia Municipal Employees Benefit System has caused its Seal and the signatures of its duly authorized officers to be affixed ofGeorgia Municipal Employees Benefit System. this day of 20 Board ofTrustees Georgia Municipal Employees Benefit System (SEAL) Secretary 37- City ofl Hampton (2023- - 2025 Restatement) Type of Request ITEM# 10B City of Hampton LEGISLATIVE SUMMARY Memorandum of Understanding (MOU) between the City and the American Legion Department Requesting Agenda Item GEORGI Meeting Date: 5/14/2024 Action' Type: Action by City Council Fori informationaldiscussion purposes only Presenter: Alex Cohilas Agenda Item: Administration Exhibit Attachments si for Agenda Item: 1) Memorandum ofUnderstandingt (MOU)D betweent thec Cilya andt the Amencan Legion 2) 3) 4) 5) 6) Item 10B. Consideration and Action on approval of Memorandum of Understanding between the City of Hampton and Jeremy P. Faulkner Post 330 of the American Legion to allow Post 330 to use, without fee, the meeting room within the Catherine Williams Center for monthly meetings base on a schedule to be provided by Post 330 prior use. BackgroundSummary: This is renewing the original MOU from March 11, 2020. Financial mpizationsComsderations -Isp project budgeted? -Willp project require the use of Fund Balance? Ify yes, please state amounts $ -Willt the project require funds? -Isp project grant funded andy will require a. and those funds arelare not budgeted. NX NX Y NX Y_ NX NX % match -Is this request a Capital Project and part of Capital Project List? Additional CommemsRecommendatons MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HAMPTON AND POST 330 OF THE AMERICAN LEGION This Memorandum of Understanding: (hereinafter "MOU") is made by and between the CITY OF HAMPTON (hereinafter "City"), a Georgia municipal corporation whose address is 17E. Main Street South, Hampton, Georgia 30228 and POST 330 OF THE AMERICAN LEGION (hereinafter "Post 330"), whose address is P.O. Box 607, Hampton, Georgia 30228 I. PURPOSE & SCOPE The purpose of this MOU is to provide for the exclusive use of the meeting room inside of. the City-owned facility located at the Catherine Williams Center, 14 Old Griffin Road, Hampton, Georgia (hereinafter "Center"). 11. CIYSRESPONSBLTIES UNDER THISMOU Pursuant to O.C.G.A. 38-1-2, the City shall allow Post 330 exclusive use, without ai fee, - the meeting room within the Catherine Williams Center. The City shall allow access to the parking lot and bathroom facilities located within the Common Areas of the Center.(The City shall provide Post 330exclusive entryr rights to the side exterior entrance oft the Center and prohibit public entry,) through appropriate and effective means, to the meeting room from the interior. The City shall maintain all sanitary and maintenance requirements, such as trash removal. Post 330 shall be allowed storage space within the meeting room. The City retains exclusive rights to enter the Center and/or meeting room at any time. "Common Areasshall be defined as those portions of the Building areas, buildings, improvements, facilities, utilities, equipment and installations in or forming part of the Center which from time to time are not designated or intended by the City to be leased to tenants of the Center including, without limitation, exterior weather walls, roofs, entrances and exits, parking areas, driveways, loading docks and area, storage, mechanical and electrical rooms, areas above and below leasable premises andi not included within leasable premises, security and alarm equipment, grassed and landscaped areas, retaining walls and maintenance, cleaning and operating equipment serving the Building; and those lands, areas, buildings, improvements, facilities, utilities, equipment and installations which serve or are for the useful benefit of the Center, the tenants of the Center or the City and those having business with them, whether or not located within, adjacent to or near the Center and which are designated from time toi time by the City as, part oft the Common Areas. III. POST 330'S RESPONSIBILITIESUNDER THIS MOU Post 330 shall have exclusive use of the meeting room only and shall not assign or sublet its use subject to this MOU to any other entity or individual. At the end of this MOU's term, Post 330 shall return the room in the same manner in which it was received except for normal wear and tear. Any guests and/or invitees shall not exceed the room's maximum capacity pursuant to the Fire Marshal. Post 330 shall coordinate the protocol, forms, exhibits and ceremonies related to the City's Memorial Day and Veterans Day programs and any other events to ensure that all City veterans are respected and celebrated. While this MOU does not extend exclusive use of the Catherine Williams Center to Post 330, Post 330 shall not disturb or enter the Common Areas of the Center except for the bathroom facilities and parking lot. Post 330 shall refrain from dumping any personal trash within the Center. Post 330 shall not make any alterations, additions, or improvements to the Center without the City Manager's or his designee's prior written consent; however, Post 330 shall be allowed to hang its accessories within the meeting room for the duration of the MOU sO long as there are no structural damage to the building. For those events that have beenr rented prior to execution of this MOU, Post 330: shall vacate the meeting room for the duration of the pre-booked event. Post 330 shall adhere to all Federal, State, and local law while in use oft the Center. IV. TERM OF MEMORANDUMOF UNDERSTANDING and' TERMINATION This MOU shall be effective as of the day of execution by the parties and shall continue in full force ending December 31, 2025. By the December 2025 regular meeting, the parties herein shall re-negotiate the terms of this MOU or enter into a new agreement. Either party may provide the other party with written notice of its intent to terminate this MOU at least sixty (60) days prior This MOU may automatically cancel if Center is sold, leased ini its entirety, condemned by any legally constituted authority for any public use or purpose, or if the Center is totally or a significant portion thereof is destroyed by storm, fire, lighting, 6 earthquake or other casualty. tot the last day of the current term. V. MISCELLANEOUS PROVISIONS A. Amendment. This Agreement may be amended. Any amendments must be in writing and signedby both parties. B. Notices. Any notice required to be given by this MOU shall be sufficient if hand delivered, mailed or sent prepaid by commercial overnight delivery services as follows or to such otheraddresses as the affected parties shall specify in writing: CITY OF HAMPTON 17E. Main Street South Hampton, Georgia 30228 POST 330 OF THE. AMERICAN LEGION P.O. Box 607 Hampton, Georgia 30228 C. Authorized Signatures. Unless otherwise specified in this Agreement, the City's Mayor or his written designee shall be the sole party authorized to act on behalf of the City with regard to this MOU. Unless otherwise specified in this MOU, the Post 330 Commander or his written designee shall be the sole party authorized to act on behalf of Post 330. D. Indemnification and Liability. Post 330 agrees to and does hereby indemnify and savet the City harmless from and against all claims for damages to persons or property by reason of Post 330's use or occupancy of the Center, and with respect to all expenses incurred by the City on account thereof, including attorney's fees and court costs. Supplementing the foregoing and in addition thereto, Post 330 shall at all times during this MOU and any extension or renewal thereof, and at Post 330's sole expense, maintain in full force and effect comprehensive general liability insurance with policy limits sufficient to cover the activity conducted at the Center. E. Governing Law. This MOU and all transactions contemplated by this MOU shall! be governed by, and construed and enforced in accordance with, the internal laws of the State of Georgia without regard to principles of conflicts of laws. 2 F. Entire Agreement. This Agreement contains the entire understanding betweeni the parties with respect to the subject matter herein. There are no representations. agreements or understandings, whether oral or written, between or among the parties relating to the subject matter of this MOU which are not fully expressed herein. IN WITNESS WHEREOF, this MOU is executed by: CITY OF HAMPTON, GEORGIA Ann N. Tarpley, Mayor POST 330, AMERICAN LEGION H. McFarlane, Commander Date Date APPROVED ASTO FORM: L'Erin Barnes Wiggins, City Attorney Type of Request Resolution 2024-15 ITEM# 10C City of Hampton LEGISLATIVE SUMMARY Meeting Date: 5/14/2024 Action Type: Action by City Council Presenter: Alex Cohilas Agenda Item: Department Requesting Agenda Item Administration Exhibit Attachments s for Agendal Item: 1) Memof from former ITI Director Ben Brengman 2) Resolution: 2024-15 3) InterDev Quote 4) 5) 6) Fori nformationaldiscussion purposes only Item 10C. Consideration and action on Resolution 2024-15 to enter into a contract with InterDev for IT Services for the City of Hampton allowing the City Manager to negotiate the contract and allowing the Mayor to sign the contract. Bacgroundlsummay: This item is a temporary measure to sustain IT Security until a new IT Director is hired. Staff and the former IT Director Ben Brengmen are recommending A-la-carte services for $8,256 monthly, located on page #28. Financial mplcationsComsderatons -Is project budgeted? -Will project require the use of Fund Balance? Ify yes, please state amount $ -Willi the projectr require funds? -Is project grant funded and will requirea a, and thosei funds arelare not budgeted. Y Nx NX Y_ - Nx Y Y %r match NX NX -Ist this request a Capital Project and part of Capital Project List? Additional CommentsRecommenditons Monthly salary and benefits for employee equals $9,792 monthly. This will be a budget neutral item. Staff and former IT Director Ben Brengmen recommends going with the average monthly cost of $8,300 per month. This will not require a budget amendment. OF HAMP ANNTARPLEY MAYOR CITYCOLNCIL KESILA DEVLINCLEVELAND WHITE-VILLIAMS WILLIE MARTY ILRNER MEEKS SHEILABARLOW PAMDUCHESNE CITYMLANAGER ALEXCOHILAS ClyofHampton CilyHall 17EastMains Sireet South POE Box 400 Hampton, GA3 30228 Phone: 7709464 4306 Fax: 770946.4356 www! hamplonga gov GEORCI EST1872 Memorandum DATE: April 24th, 2024 TO: Alex Cohilas, City Manager FROM: Benjamin Brengman, Director of Information Technologypne RE: City of Hampton Information Technology Mr. Cohilas, As I am departing from my position as the Information Technology Director for the City of Hampton and the decision to potentially go into contract with the company Interdev as a stopgap, Ihad the opportunity to work with one of Interdev's lead engineers over the past week. The lead engineer impressed me with the level of detail and knowledge ofinformation technology. Also, Interdev has a large team of specialized engineers and technical experts that can be utilized to improve the information technology environment and do a complete and thorough The City of Hampton will receive a report of the initial findings from Interdev's engineer's visit and will be provided with recommendations to improve the information technology environment. After the report has been reviewed,I recommend that the City ofHampton budget and move forward with the recommendations as many ofthe recommendations were in my plan for the next steps for improving the City of Hampton'si information technology environment. Ifeel more than comfortable recommending that Interdev be directly responsible for the information technology at the City of Hampton and have concluded that they will be a great solution to all the City's Information Technology needs. Moving forward, Ia also recommend that the City of Hampton rehire a person in the information technology leadership position to provide strategic planning and budgeting and a lower-level employee to take care ofdaily tasks. analysis of our current information technology environment. CITY OF HAMPTON STATE OF GEORGIA RESOLUTION NO. 2024-15 WHEREAS, the City of Hampton (hereinafter "City") is governed byt the Mayor and Council; WHEREAS, the City of Hampton has sought proposals from professional providers to WHEREAS, it has been determined that InterDev is the most responsive with a cost proposal fori the Project as listed in Exhibit' "A" attached and incorporated by reference; and WHEREAS, the City staff is recommending that the City enter into contract negotiations WHEREAS, pursuant to City Charter S 2.32(4), the Mayor has authority to sign City WHEREAS, it is in the City's best interest to authorize the City Manager to contract with NOW THEREFORE IT IS HEREBY RESOLVED that the City Council awards the information technology services for the City to InterDev, authorizes the City Manager to enter into contract negotiations with InterDev, and authorizes the Mayor to sign the contract. and provide information technology services for the City ("Service"); and with InterDevi for information technology services; and contracts upon Council's approval; and InterDev and to authorize the Mayor to sign the contract; and sO RESOLVED, this 14th day of May 2024. [signatures on following page] 1 CITY OF HAMPTON, GEORGIA: Ann N. Tarpley, Mayor ATTEST: RASHIDA FAIRLEY, City Clerk APPROVED AS TO FORM: L'ERIN BARNES WIGGINS, City Attorney 2 EXHIBIT "A" 3 PROPOSAL City of Hampton City of Hampton PROPOSAL for IT Support Services INTERDEV IT/Security/GIS TABLE OF CONTENTS Cover Letter. Company Background Proposed Approach & Solution.. Approach to Cybersecurity. Support Services.. Pricing Proposal.. Service Transition Plan... Y 12 19 29 .23 26 .31 Disaster Recovery Plan & Methodology. Communication & Collaboration Plan.. InterDev ITS Services Page 12 Executive Summary InterDev Page 13 Cover Letter April22, 2024 Dear Mr. Cohilas: InterDevi is honored to have the opportunity to serve the City of Hampton. As your strategic partner, ity would be our privilege to provide a comprehensive, best-in-class, Information Technology services solution. We were born and raised in Aflanta. A majority of our team calls Georgia home. Our commitment to excellence drives US to provide the high-quality, personalized IT solutions that your city requires. We understand that having an onsite presence is cruciai for the seamless integration of our services with your operations. For all our clients, no matter the location, we take the following steps to ensure the successful 1. Frequent Visits: Assigned leadership will conduct regular visits to your location to assess, implement, 2. Open Communication: Clear and consistent communication channels will be established to maintain transparency, facilitate real-time updates, and address any concerns promptly. 3. Virtual + Reality: Our onsite team will collaborate closely with our remote support experts, combining 4. Adaptability: We understand the unique aspects of your location and will tailor our solutions to suit We are excited about the chance to contribute to the city's success through our partnership. If you have Thank you once againt for considering US asyour IT partner. We eagerly look forward tos serving the employees execution of onsite services: and optimize IT solutions according to your evolving needs. their expertise to deliver comprehensive IT solutions. local conditions and regulations, ensuring seamless integration. any questions, concerns, or specific requests, please contact US. and citizens of the City of Hampton! Hy /hK6 Gary Nichols CEO Sincerely, InterDev Page 14 Company Background InterDev Page 15 InterDev Company Background With over 40 years of experience, we have successfully partnered with our clients to monitor and support ITi infrastructure, enhance operational efficiency, and ensure the security and stability of critical environments. We take a proactive stance to identify and address potential issues before they impact operations. Our dedicated support team is always available to respond to your queries and resolve issues promptly. Key InterDev services include: EndUserSupport: assistance. Enterprise Infrastructure: Data Protection: Cybersecurity: Cloud Services: Responsive and knowledgedble support staff to address user issues and provide technical Design, mplementation, and management of secure and efficient network solutions. Data backup, recovery, and storage solutions to ensure the integrity and Comprehensive cybersecurity measures, including threat detection, antivirus Integration and management of cloud-based solutions fori increased flexibility availability of your critical data. solutions, and employee training. and efficiency. Geographic Information: Systems: CIO/CISOAdvisOTy Services Combining various types of data, including maps, satellite images, aerial photographs, and tabular data, to provide insights into patterns, relationships, and trends within geographic areas. Consulting services to help executives make informed decisions about their organization's IT/Security. strategies, operations, andi investments. MUNICIPAL GOVERNMENT IT SERVICES Ouro client list containsr more than 1,250businesses, governments, non-profits, schools systems, and other organizations from our 40 years of experience. InterDev provides more than 20 of these accounts with complete IT department staff and support services - from CIO to helpdesksupport, and all strategic planning, security, networking, and troubleshooting. PUBLIC-PRIVATE PARTNERSHIPS Itis no longer practical or affordable for many public sector entities to single-handedly stay abreast of the latest developments in information technology and Security. Through public- private partnerships, our award-winning expertise has helped local governments realize As threat landscapes become more hostile, budget restrictions make it difficult for governments Our securily-tocused, Managed IT Services offering has become a model for nearly two-dozen improved IT services, GIS, Security, and productivity. and other agencies to stay current with emerging technologies. successfulp public-private partnerships. InterDev ITServices Page 16 One benefit of our public- private partnerships is our ongoing work with cities and counties that positions US to help them leverage powertulsynergies that will result in more efficient and enhanced: service delivery to the public. OFFICE LOCATIONS Atlanta 900 Holcomb Woods Parkway Roswell, GA 30076 Chicago 2700 Patriot Blvd Suite 250 Glenview, IL 60026 Beaufort 1901 Boundary Street Beaufort, SC29902 LOCAL GOVERNMENT ACCOUNIS City of Highland Park, IL City of Lake Forest, IL Village of Buffalo Grove, IL Village of Glenview, IL Village of Kenilworth, IL Village of Lake Bluff, IL City of North Chicago, IL United City of Yorkville, IL Local government clients include, but are not limited to, the following cities and counties: Village of Lincolnshire, IL City of Marco Island, FL City of Longboat Key, FL Cily of Roswell, GA City of Dunwoody, GA City of Milton, GA City of Peachtree corners City of Stonecrest, GA City of Tucker, GA City of Chamblee, GA City of Canton, GA City of Dalton, GA Rockdale County, GA City of Beaufort, SC Georgetown County, SC Town of Mebane, NC InterDev Page 17 Certifications Certifications CompTIA A+ CompTIA CYSA+ Microsoft Certified Azure Fundamental (MCAF) Manager Hacker Certified Government Chief Fortinet Certified Associate in Information Officer (CGCIO) Cyber Security (FCA) Certified Public Management Fortinet Certified Fundamentals (CPM) in Cyber Security (FCF) CISCO CCNA Local Government Chief Information Officer (LGCIO) CISM- Certified Information Security VMware Certified Professional GIS Certification Institute (VCP) CIEH- EC Council Certified Ethical ITILV4 CISSP-Certified Information System Security Professionai Project Management Professional (PMP) At InterDev, we understand that reliability is non-negotiable in the realm of IT. That's why we've meticulously curated a network of proven hardware and software vendors to underpin our comprehensive suite of services. With our strategic alliances, we bring you the latest technologies and solutions from trusted industry leaders. Technology Partners Microsoft Dell Fortinet Barracuda Cisco Meraki SentinelOne Duo Umbrella Veeam Datto KnowB4 ESRI Partner Network, Silver ArcGIS for Local Govemment Specialty InterDev ITServices Page 18 Proposed Approach and Solution interDev ITServices Approach and Methodology InterDevi is dedicated to our client's best outcomes. Since 1980 InterDev has applied its extensive experience tor monitor and support IT infrastructure, enhance operational efficiency, and ensure the security and stability ofc Cilicalenvironments for municipalities, non-profits, andcommercial organizations alike. A proactive: stance is taken toi identify and address potential issues before they impact operations. A dedicated support teami is available to respond to customers quickly. Our many years of experience has led us to develop a model of service delivery that provides our customers with thel level of services they expecti in supporting day-to-day IT support, cybersecurity protections and technology leadership. Inherenti in that modelist thei idea that a major component of a successfut partnership is communication with both end users and customer leadership. InterDev's delivery model is designed sO that at every level, the customer receives consistent and pertinent Our delivery model consists of four (4) teams that work in concert to provide our customers with high quality, seamless support. These teams are Account Management, Technical Services (including IT and Security), Advisory Services, and Project Management Organization. Everything that we do is focused on delivering All our team members, no matter where they serve, go through a comprehensive onboarding program at our Atlanta Headquarters to ensure that we have consistent, high quality service delivery for each customer we support. This standardization allows InterDev to stand out from our competitors providing greater overall delivery capability and customer satisfaction. Mostimportantly. it gives everyone an opportunity to work and The Account Management Team is dedicated to building strong relationships, understanding client's unique business needs, and delivering tailored solutions that drive value and growth. They serve as the primary point ofcontact, fostering strong and collaborative relationships built on trust, transparency, and communication. They work closely with stakeholders to understand their business objectives, challenges, and opportunifies, ensuring that our services dlign with their strategic goals. They also oversee the delivery of our services, ensuring that we meet or exceed client expectations in terms of quality, reliability, and timeliness. Similarly, they work collaboratively with our technical teams to develop tailored proposals and solutions that demonstrate the value we can deliver. Finally, at InterDev we believe in the importance of continuous improvement and feedback. Our account managers regularly solicit feedback from clients to understand their evolvingr requirements and preferences. They use this feedback to refine our service offerings, enhance our processes, and ensure that we are consistently delivering value and exceeding expectations. The Technical Services Team provides front-line information technology and security support for your user base using a combination of both on-site and remote services. InterDev understands that customers have diverse needs- some require dedicated, on-site staff while others only require remote support. InterDevworks with our clients to curate a custom solution of support based on your unique requirements and objectives. Our information technology team consists of end support technicians, system engineers, and network engineers who work together with your team to ensure that all issues are resolved. Our security team consists of security analysts and security engineers to optimize the investment required to provide a mulfilayered approachensutingop proactive security posture with the ability to address security incidentswhent they occur. The Advisory Services Team provides actionable insights, best practices, and tailored recommendations to help organizations enhance their IT operations and security posture, mitigate risks, and achieve their business objectives. Each customer is assigned a dedicated advisor who will collaborate with our clients' senior leadership to develop and implement strategic IT, security, and govemance initiatives aligned with the organization's overall business objectives. Our VCIOs also stay abreast of emerging technologies and trends across the technology landscape. They assess the organization's existing IT technologies and capabilities, identify gaps and opportunities for improvement, andi recommend innovative solutions and best practices to enhance IT outcomes. Our VCISOS provide expert guidance and develop comprehensive IT security policies, communication from the InterDev team. best-in-class services to our customers; we are dedicated toy your best outcomes. learn together, establishing trust, rapport, and camaraderie amongst our teams. InterDev Page 1 10 procedures, and controls to mitigate risks and ensure compliance with regulatory requirements. conduct comprehensive risk assessments to identify and prioritize cybersecurity risks and vulnerabilities across the organization's IT infrastructure. They develop risk management strategies and mitigation plans to address identified risks effectively, minimize potential impacts, and: safeguard critical assets andi information. The Project Management Organization is dedicated to overseeing every aspect of the project lifecycle, from initiation to completion, to ensure that projects are delivered on time, within budget, and to the highest quality standards. Our project managers serve as the primary point of contact for all project stakeholders, facilitating clear communication throughout the project lifecycle. They ensure that stakeholders are kept informed of project status, progress, and any changes or deviations from the original plan. They are also responsible for resource allocation to ensure that projects are adequately staffed with the right skills and expertise. They work closely with internal teams, external vendors, and subcontractors to coordinate resources effectively and optimize project delivery. This team plays a pivotal role in ensuring the successful delivery of IT managed and professional services. With their expertise, dedication, and commitment to excellence, they ensure that projects are delivered on time, within budget, and to the highest quality standards, Ultimately driving value and success for our customers. InterDev Page 111 APPROACH TO CYBERSECURITY At InterDev, we understand the critical importance of cybersecurity in today's digital landscape. Our Managed Cyber Security Services are designed to safeguard your organization's sensitive data and reputation from cyberattacks, breaches, and other security risks. Below is a brief description of each level of service followed by a more detailed description of each component within the packages. No matter what level of service you decide upon, the InterDev team will perform an initial assessment of the environment to establish a baseline and to develop a roadmap for In addition to operationally based cyber security offerings, InterDev offers Fractional CISO (Chief Information Essential Security This packages safeguards and protects both our clients andi their data. Iti includes managed endpoint detection & response, complete email security suite, dark web monitoring, multifactor authentication, active threat hunting, DNS security, password manager for each of your users, and security awareness training with phishing This is InterDev's recommended entry point for any Customer that is taking their first steps towards having a more robust cyber security program. This package provides organizations' witha a foundational: security posture that directly translates toar reduction Advanced Security - This package builds off the Essential packages and offers a greater defense-in-depth security posture by adding Vulnerability Scanning and Application Control to the Customer's security stack. Vulnerability Scanning provides visibility into the environment with both internal and external scanning and serves as an auditing check to ensure that firewall configuration and patch management are effective, find gaps in the defensive posture, and creates an opportunity to correct them. This package also includes application control ensuring that only pre- authorized applications can run in the Customer environment. It also adds the capability to monitor and manage Complete Security - This is our most complete offering and increases an organization's cyber security maturity by adding a cloud-based Web Application Firewall (WAF), SIEM (Security Information and Event Management), and 24x7x365 monitoring from our SOC (Security Operations Center). Our WAF protects your critical applications from web-based attacks ensuring that only clean, legitimate traffic reaches your applications whether they are hosted on- premises or hosted. Adding a SIEM gives us the ability to consolidate logs from a variety of sources (firewall, 365, Endpoint, MFA, etc.) and gives the security team the ability to correlate events for a more complete picture of the Customer environment. This gives us the ability to find and address anomalous activity, misconfigurations, or previously unknown network communications, further hardening the environment making Customersa more difficult target for attackers. This package also adds 24x7x365 monitoring of the Customer environment from our Security improving the Customer'ss security posture. Security Officer), policy and incident response development and compliance as a service. simulations included. ino cyber-risk. removable media guarding against data loss. Operations Center (SOC) to ensure that anyi incident is discovered earlier in the attack timeline. InterDev Page 112 Managed Security Services Essentials X X X X X X X X Advanced X X X X X X X X x X Complete X X X X X X X X X X X X X Managed Endpoint Detection & Response (MDR) Total Email Security Dark' Web Monitoring Multifactor Authentication Password Management Active Threat Hunting DNS Security Application Control Vulnerability Scanning Security Awareness Training & Phishing Simulation Cloud-Based Web Application Firewall (WAF) Security Information and Event Management (SIEM) Security Operations Center Monitoring (24x7x365) Managed Endpoint Detection and Response (EDR) We have partnered with SentinelOne to provide an enterprise-grade, lightweight and highly effective endpoint protection platform with our high security configuration. This product is backed by a cybersecurity insurance product. We have witnessed this product stop browser-based web attacks in near real time. This is the security team's go-to tool when performing incidentresponse to ensure an environmentis fully protected.T This offer comesi ini two variations Total Email Security Provided by Barracuda networks and hardened by our security team, this platform ensures that malicious email does not reach your users' mailbox. For our Office 365 customers, we also leverage Barracuda's Impersonation Protection that leverages a behavior-based Al (Artificial Inteligence) engine to prevent account take-over, auto-remediate phishing attempts and prevent domain spoofing. Our Email security offering also includes mail archive for compliance and backup of Microsoft 365 environment to include Exchange Online SharePoint, OneDrive, and Teams. Dark Web Monitoring Using Kaseya's ID. Agent platform, the security team monitors and is alerted when your credentials are found on the dark web allowing US to take pre-emptive action to protect against Multi-Factor Authentication (MFA) - InterDev uses Duo Security for our three multi-factor authentication offerings. Duo MFA as a base offering, Duo Access for organizations requiring more granular control and conditional access, and Duo Beyond for those requiring much greater control over endpoints. Duo is Password Manager - Credential harvesting an account compromise continues to be one of the most common methods fork breach. Using ap password manager can help users better manage their credentials without the needfor memorization or the use of risky password files. Using a passwordi manager will reduce Active ThreatHunting - InterDev! has partnered with Huntress to provide an active threat hunting agent that can find persistence mechanisms that anti-virus may not detect. It also provides external visibility for any exposed network ports that may present a risk and ransomware canaries that serve as an early warning that an individual system may be under attack. These canaries also act as a thumbprint if a breach ever occurs, we can use the canary to trace it back and determine what data may have been tof fit any budget. account compromise. completely cloud-based, easy to use and offers several methods for authentication. potential exposure by instilling good password habits for your users. exfiltrated. InterDev Page 13 DNS Security and Filtering - Provided through Cisco Umbrella, securing your DNS traffic is one of the number one strategy to defeat malware asi it detects potential malicious activity prior to the connection being established. It provides this protection whether on or off network and extends on-premises web filtering to mobile users. This also provides our security team with the ability to detect and manage Security Awareness and Phishing Simulation - Email and social engineering continue to be a highly lucrative vector for infiltration by aftackers. While we work to prevent malicious emails from making their way into your organization, InterDev strongly believes that user education is important as users can be one of the first to recognize that something is abnormal. InterDev uses KnowBe4's Diamond level subscription to provide your organization with the industry's gold standard in continuous security awareness training and simulated phishing attacks. InterDev'ssecurily, team will structure the training and simulations sO that iti increases in complexity to help your organization be better adept atr recognizing an Application Control - InterDev has partnered with Threat Locker to take a zero-trust approach to security att the endpoint ensuring only approveds software canrun. This approach! helps with establishing a layered security approach, ransomware prevention, compliance, storage control and data privacy. Vulnerability Scanning- Using a third party validated scanning platform, the InterDev team conducts monthly scans of the internal and external IP address space to identify any vulnerabilities or miscontigurations that couldi impact overall security. This also serves tol help validate that all patches have been applied correctly and identify systems not covered by automated patching. This service also Web Application Firewall - Provided by Barracuda, the cloud-based Web Application Firewall (WAF) provides an additional layer of protection for your public facing web services. Protection schemes are SIEM: and SOC Services - InterDev's! Security incident and Event Management (SIEM) plafformi is designed to ingest and correlate data from our other tools and logs from environment systems. This holistic view allows ust tol have a greateri insight into what is occurring within your environment and adds greater fidelity in our ability to detect and respond to potential malicious activity. Our SIEM: solution is backed by a 24/7 Onboarding Security Assessment- Our onboarding assessment, accomplshed with Galactic Client Watch, is designed to create a baseline of the current network security posture. This baseline is used to produce a roadmap for improving security and to make well-informed, risk-based budgeting decisions. This assessment can be performed annually to provide regular reporting on overall security posture. potentially unwanted or malicious applications in your Microsoft 365 environment. attack. includes a quarterly internal penetration test. tailored for each application by our security team. security operations center (SOC) to give you complete coverage. InterDev Page I1 14 INTERDEV SERVICE CATALOG The following tables indicate the service options that are available as managed IT support services. At InterDev, we understand the critical role that end user support plays in ensuring the smooth operation of your organization's IT infrastructure and the productivity of your workforce. Our End User Support Services are designed to deliver responsive, reliable, and personalized support that meets the diverse needs of your end users. InterDev offers three (3) options with End User Support: END USER SUPPORT Dedicated Onsite support (if selected) Shared Remote Support Custom Hybrid Support Regardless of which option you choose, our experienced technicians are available to diagnose and resolve complex echnical issues, install or upgrade hardware and software, and provide support and training to end users as needed. SERVICE NAME DESCRIPTION FEATURES Troubleshooting: Identifying and diagnosing end user hardware (laptop, desktop, printers, etc) issues. Repair: Fixing or replacing faulty end user hardware components. Replacement: Swapping out defective end user hardware with functional components. Testing: Verifying the proper functioning of repaired or replaced end user hardware. Upgrades: Installing end user hardware upgrades toi improve performance or Soflware Installation: Assisting usersi ini installing and contiguring standard: software applications (0365, MS Office, Adobe, etc) Operating System Support: Providing helpy with issuesr relatedi toi the desktop operating system (e.g.. Windows, Mac). User Account Management: Handling user account creation, modification, and access permissions. Peripheral Device Support: Assisting with issues related top peripherals like printers, scanners, and external drives. Intemet Connectivify: Troubleshooting and resolvingi internet connectivity issues. Troubleshoot end user devices such as desktops, aptops, tablets, and mobile devices. Request non-standard software Procure/order new software Install and upgrade standardized desktop: sofiware Technical: support specialists who provide, prompt and efficient assistance toe end users when troubleshooting technical issues, hardware problems, orp providing guidance and training Desktop Support capabilities. Technical: support specialists who provide prompt ande efficient assistance toe end users when troubleshooting software, application problems. or providing guidance and training AppicationSuppor: Proactive maintenance and monitoring ofe end user devices. We perform regular health checks, optimizations toe ensure that end user devices are runnings smoothly, securely, ande efficiently. Supply employees with necessary up- to-date software for them tov work End User Device Monitoring security updates, and system Software Provisioning InterDev Page I 15 ENTERPRISE INFRASTRUCTURE At InterDev, we understand the critical role that enterprise infrastructure plays in supporting your organization's operations and driving business success. Our Enterprise Infrastructure Support Services are designed to provide proactive monitoring, maintenance, and troublesnooting to keep your infrastructure running smoothly and efficiently. Our Enterprise Infrastructure Support Services provide comprehensive, reliable, and proactive support for your organization's infrastructure needs, for both on-premise or cloud environments. With our expertise, experience, and dedication to excelence, we ensure that your infrastructure remains secure, resilient, and optimized to support your business objectives. SERVICE NAME Proactive Monitoring and Maintenance (On Prem or Cloud) Performance Optimization andTuning (On Prem or Cloud) Capacity Planning and Scalability (On Prem or Cloud) Resolution (On Prem or Cloud) DESCRIPTION FEATURES Proactive monitoring of your infrastructure components leveraging advancedi monitoring tools and techniques to detect andi resolve issues beforei theyi impact yourt business operations, ensuring maximum uptime and Performance optimization andi tuning, ensuring infrastructure operates at peake efficiency to enhance scalability andi improve system Capacity planning and scalability assessments tol help you anticipate and accommodate future growth and expansion. recommend scalable: solutions that align with your strategic disruptions, oure expert support team provides rapidi incident management and resolution. Servers Switches Firewalls Wireless Access Points Storage systems performance. analyze performance metrics identify areas fori improvement implement proactive measures to optimize resource utilization Analyze performance. metrics usage trends & pertormance toi identify potential capacity constraints objectives. Incident Management and Int thee event ofi infrastructure incidents or minimize downtime restore services mitigate the impact ony your business. InterDev Page 116 DATA PROTECTION At InterDev, we understand the critical importance of backup and patching in maintaining the health and security of your IT environment. Our Backup and Patching Support Services are designed to provide proactive monitoring, management, and maintenance to ensure that your systems are protected against data loss, security vuinerabilities, and cyber threats. Our Backup and Patching Support Services provide comprehensive, reliable, and proactive support for your organization's backup and patch management needs. With our expertise, experience, and dedication to excellence, we ensure that your critical data and systems are protected, secure, and compliant, enabling you to focus on your core business objectives with confidence. SERVICEI NAME DESCRIPTION FEATURES Management and deployment ofp patches and updates practices ande established processes to assess, test, and deploy patches promptly ande efficiently, minimizing security risks and vulnerabilities while ensuring system stability and Management andr monitoring of your backup solutions to ensure the timely and reliable backup ofy your critical data technologies to design, implement, andi maintain backup strategies tailored toy your organization's needs, ensuring data integrity, availability, andr recoverability int the event of data Provide disaster recovery planning andi testing toe ensurey your organizationi isp preparedi tor recover quickly and effectivelyi ina and simulations, andr refine recovery procedures to minimize Assess, test, and deploy patches across: Patch Management across yourTi infrastructure. Wei followi industry best Firmware Software IOS Updates Datar replication ands storage to on- premises or cloud-based targets Ability tor restore datai int the original datal location Datal backup application support (on-premises or cloud) Datar replication and storage in immutable and air gapped private cloude environment Ability tor restore int thep private cloud environment atr no additional cost pertormance. Backup: Solutions and systems. We work with leading! backup vendors and Management loss or disaster. Business Continuity disaster or datal loss incident. We work with you to develop Disaster Recover (BCDR) comprenensive disaster recovery plans. conduct regulart testing downtime and datal loss. InterDev Page 117 SECURITY SERVICES AtInterDev, we understand the criticali importance of cybersecurify ini today's digital landscape. Our Managed Cyber Security Services are designed to safeguard your organization's sensitive data, infrastructure, and reputation from cyberattacks, breaches, and other security risks. Our team provides proactive, comprehensive, and tailored solutions to protect your organization from cyber threats and security risks. With our expertise and dedication to excellence, we ensure that your business remains secure, resilient, and compliant in the face of evolving cyber threats. SERVICE NAME DESCRIPTION FEATURES Real-time monitoring, detection, and response to advanced threats targeting endpoints, ensuring the security and integrity of youriTe environment Provide advanced threat detection, prevention, and remediation to safeguard) your organization's email infrastructure and sensitive information. Continuous monitoring and threat intelligence tol help malicious activities on the dark web. End Point Detectiono and Response Advanced Threat Detection Real-Time Incident Response Endpoint Visibility and Inventory Advanced Threat Detection Spam & Phishing Protection Email Encryption and Datal Loss Prevention (DLP) Email Continuity and Archiving Credential Monitoring Notification Comprehensive Authentication Coverage User Self-Service and Enrollment Centralized. Management and Administration Centralized Password Vault Automated Passwordi Rotation Role-Based. Access Controls Access Management systems MFAI Integration Proactive Threat Hunting Real-Time Incident Response Threat Intelligence and Analysis Monitoring DNS Firewall and Filtering DNS-E -Based Threat Detection DNS Encryption and Authentication Comprehensive Training Phishing Simulation andl Testing Gamification andl Incentives Continuous Learning Reinforcement Measurement and Reporting Total Email Protection organizations identify and mitigate security risks associated Compromise Detection with compromised credentials, datal breaches, and other Datal Breach Detectionand Provide enhanced: security and user authentication flexibility Integration and Deployment Dark Web Monitoring Multifactor, Authenfication while minimizing complexity and administrative overhead Robust password management capabilities, including password. storage, rotation, and enforcement, toh help the risk of credentia-Dased attacks. Password. Management organizations strengthen1 theirs security posture and mitigate Integration with Identity and Continuous monitoring, analysis. and response to advanced Continuous Threat Monitoring Active Threat Hunting threats, enablingy your organization tos stay aheadof evolving cyber threats and protect your valuable assets. protect against DNS-based attacks, datae exfiltration, and Advanced threat detection, prevention, and mitigation to DNS Traffic Analysis and Domain Name System (DNS) DNS hijacking. Security Educate and empower your employees withi the knowledge, Curriculum skills, and best practices tor recognize, respondt to, and report Customized' Training Content Security Awareness Training cybersecunty threats effectively. InterDev Page 1 18 Support Services InterDev Page 119 INTERDEV METHODOLOGY FOR IT SUPPORT SERVICES WORK ORDER/TROUBLE TICKET SYSTEM: Change Management processes. Incident Management Process Below are abbreviated workflow diagrams of our Incident Management, Problem Management, and New Incident or Request Categorization Incident Prioritization Assignment Analysis Diagnosis Resolution and Recovery Incident Closure Change Management Process Incident Request/ Problem ticket entered for Change or CR Form submitted Management develops FSC (Resource and Scheduling estimates) Change Request is authorized (by CABif needed) Staff logs requesti into CM system Staff assesses ande evaluates request Coordinate change implementation Implement change change Review Problem Management Process Workaround or Change Request Required? Incident Management Problem Detection Problem Categorization Investigation and Diagnosis Problem Resolution Resolved Problem Problem InterDev Page I 20 SERVICE LEVEL AGREEMENT (SLAs) SUPPORT SERVICES RESPONSE InterDev's ITIL based support structure for all support services are guided by our customer specific Service Level Agreements (SLAs) that are developed prior to the client onboarding process. InterDev will provide the InterDev will work with the City of Hampton to determine the most appropriate levels of support for each category of incident. This process will ensure InterDev's response is in sync with the City of Hampton expectations, business needs, and budgets. Defined SLAS are only valid during normal business hours, which are 7. AM to 6 PM EST Monday through Friday, unless otherwise agreed upon by InterDev and the City of Hampton with 24x7 support options that include our monitoring services. Service Levels and ResponseTimes client. Urgency + Impact = Priority An Incident's priority is determined by assessing itsi impact and urgency, where: Urgency is a measure of how quickly a resolution of the Incident is required. Impact is ar measure of the extent of the Incident and of the potential damage caused by the Incident before it can be resolved. Incident Urgency (Categories of Urgency) SERVICE NAME High (H) Medium (M) Low (4) DESCRIPTION The damage caused by the Incident increases rapidly. Work that cannot be completed by staffi is highly time sensitive. Ar minor Incident can be prevented from becoming ar major Incident by acting Several users with' VIP: status are affected. The damage caused by the Incident increases considerably over time. A single user with VIP status is affected. The damage caused by the Incident only marginally increases over time. Work that cannot be completed by staff is not time sensitive. immediately. Incident Impact (Categories ofImpact) SERVICEI NAME High (H) Medium (M) Low (4) DESCRIPTION Many staff are affected and/or not able to do theirj job. Many customers are affected and/or acutely disadvantagedi in some way.. The damage tot the reputation of the business is likely to! be! high. Ar moderate number ofs staff are affected and/or not able to do their jobp properly. Ar moderate number of customers are affectedi and/or inconveniencedi ins some way: The damage tot the reputation oft the business isl likely tob be moderate. Ar minimal number ofs staff (single user incidents) are affected and/or able to deliver an acceptable servicel but this requires extra effort. Ar minimal number of customers are affected and/or inconvenienced but noti ina The damage tot the reputation of the business isl likely tob ber minimal. Someone has beeni injured. significant way. InterDev Page 121 A defined service level agreement (SLA) structure increases our efficiency and effectiveness of dispatching tickets and getting them resolved in a timely manner. It also helps to set the City of Hampton staff expectations for when they can anticipate their incident or service requests to be filled. These levels can be modified if higher response levels are necessary for certain city services. The finalized Priority Matrix for each Service Level or SLA layer would resemble the draft version below. The City of Hampton actual SLA' 's will be determined, jointly between the City of Hampton and InterDev. IMPACT H 2 3 M 2 3 4 H M L 3 4 5 PRIORITY CODE DESCRIPTION Critical High Medium Low Very Low TARGET RESPONSE TIME 301 Minutes 1Hour 4Hours 8Hours 1Day TARGET RESOLUTION TIME Hour 8Hours 24Hours 48 Hours 1Week 2 3 4 5 After Hours & EmergencyServices With our experience supporting municipalities, we understand that local governments are a 24x7 operation. InterDev will provide 24x7 support to the City of Hampton that willi include after- hours support that gets routed to our support call center. For after-hours support end users can submit emails or cail a dedicated support number. Support request calls will always goi to a live operator based in the US that will take note of their issues and do a live hand-off with their assigned technician orhis/her backup. The City of Hampton staffwilll be directed toatechnician and never bes sent to voicemail. In the caseate technician cannot be contacted, the support call The InterDev teami is dedicated to providing the best response time for our clients. We adhere to will be escalated to amanager. the SLAS and strive to: support our clients. InterDev Page 122 DISASTER RECOVERY PLAN AND EXECUTION Atl InterDev, we understand the critical importance of business continuity and disaster recovery planning in safeguarding your organization's operations, data, and reputation. Our Business Continuity and Disaster Recovery Services are designed to provide comprehensive, tailored solutions that minimize downtime, mitigate risk, and enable rapid recovery from disruptions of any scale or severity. Our Business Continuity and Disaster Recovery Services provide comprehensive, tailored solutions that ensure the resilience and continuity ofy your business operations in the face of unexpected disruptions and disasters. With our expertise, experience, and dedication to excellence, we help you navigate the complexities of BCDR planning andi implementation, ensuring that your organization remains resilient, adaptive, and prepared to Business Impact Analysis (BIA): Our BCDR: Services begin with at thorough Business Impact Analysis (BIA) to assess your organization's critical business processes, dependencies, and recovery objectives. We work closely with yours stakeholders toi identify potential risks, vulnerabilities, andi impact scenarios, enabling US to develop tailored BCDR: strategies that prioritize resources and investments based on business impact Continuity Planning and Strategy Development: Based on the findings of the BIA, we develop comprehensive business continuity and disaster recovery plans that outline the strategies, processes, and procedures for maintaining essential business functions and recovering from disruptions. Our plans include detailed recovery objectives, escalation procedures, communication protocols, and recovery timelines to Infrastructure Resilience and Redundancy: We design and implement resilient ITi infrastructure architectures and redundancy solutions to minimize the risk of downtime and datal lossi in the event of system failures or disasters. Our solutions include high-availabilitly configurations, data replication, failover mechanisms, and geographically distributed data centers that are air-gapped and immutable to ensure Backup and Data Protection: Our BCDR Services include robust backup and data protection solutions to safeguard your organization's critical data and applications against loss or corruption. We employ industry-leading backup technologies, encryption methods, and storage architectures to create secure and reliable backups of your data, ensuring rapid recovery and restoration in the event of datal loss or Disaster Recovery Testing and Exercise: We conduct regular disaster recovery testing and exercises to validate the effectiveness of your BCDR plans and procedures. Our testing methodologies include simulated disaster scenarios to assess your organization's readiness and resilience ini responding to and recovering from various disaster scenarios. We provide reports and recommendations toi identify areas for improvement and enhance your organization's preparedness for real-world disasters. Incident Response and Crisis Management: In the event of a disaster or crisis, our BCDR Services include incident response and crisis management support to help your organization effectively coordinate and manage its response efforts. Our incident response team follows established protocols and best practices to assess the situation, mobilize resources, communicate with: stakeholders, and mitigate the impact of the respond to any crisis or disaster scenario. Key Features of Our Business Continuity and Disaster Recovery Offering: and criticality. guide your organization's response to various disaster scenarios. continuous availability and datai integrity across your IT environment. ransomware attacks. incident on your business operations and reputation. InterDev Page 123 PROPOSED COMMUNICATION AND COLLABORATION PLAN At InterDev, we understand the critical importance of effective communication and collaboration tools in driving productivity, innovation, and teamwork. Our Communication and Collaboration Plan asa Managed IT Provider is designed to provide comprehensive solutions and strategies that enable seamless communication, collaboration, and knowledge sharing across your organization. Establish Clear Communication Channels: meetings, collaboration tools). Regular Status Meetings: updates. Identify the primary communication channels for different types of interactions (e.g.. emails, Use official communication platforms to ensure consistency and traceability of messages. Schedule regular status meetings between the Technology Director and key City Staff members. Use these meetings to discuss ongoing technology projects, address concers, and provide Establish a predictable schedule for these meetings to facilitate planning. C Conduct periodic presentations on the technology roadmap to City Staff. C Encourage questions andi feedback during these sessions. Establish ap policy for timely response to emails, especially those from City Staff. Prioritize communication based on urgency and importance. Use clear and concise language to facilitate quick understanding. Dedicated Communication Channels for Urgencies: Establish dedicated communication channels for urgent matters. Define escalation procedures for time-sensitive matters. Technology Roadmap Presentations: Responsive Email Communication: S Share insights into upcoming projects, system upgrades, and potential impacts on City operations. Ensure that City Staff can quickly reach out in case of critical issues or emergencies. Implement collaboration tools that allow real-time communication and document sharing. Utilize tools like project management platforms to provide visibility into ongoing technology Encourage City Staff to use these tools fori issue reporting and collaboration. V Work with the City's team to use InterDev's work order management system ConnectWise) for City Staff to submit echnology-related requests. E Ensure prompt acknowledgment and resolution of submitted tickets. U Use the ficketing system to track trends andi identify recurring issues. Compile and distribute monthly technology digests to City Staff. Highlight any changes in technology policies or procedures. Periodic Surveys and Feedback Mechanisms: Implement periodic surveys to gather feedback on technology services. Use the feedback toi identify areas fori improvement and address concerns. Demonstrate a commitment to continuousi improvement based on user input. Provide transparent and regular reporting on technology performance metrics. Share key performance indicators, project timelines, and budget information. Demonstrate accountability and openness in echnology-relared matters. Collaboration Tools: projects. Work Order Management System: Monthly Technology Digests: Include updates on completed projects, ongoing initiatives, and upcoming echnology-relared events. Transparent Reporting: InterDev Page I 24 Continuous Improvement Feedback Loop: Establish a continuous improvement feedback loopt for communication processes. Regularly assess the effectiveness of communication strategies and adjust based on feedback. Emphasize adaptability and responsiveness: to evolving communication needs. By adopting this approach, the Technology Director and City Staff can foster a culture of effective communication, ensuring that technology initiatives align with the needs and priorities of the City of As stated above, the InterDev project team willr remain active and engaged throughout the entire Hampton while addressing concerns in a timely and transparent manner. project and will be your single contact point for all activities InterDev Page 125 Pricing Proposal InterDev COSTS FOR SERVICE OFFERINGS DETAILED SERVICE PROPOSAL SERVICE CATEGORY End User Support Enterprise Infrastructure Support Data Protection Monthly Recurring Charge Helpdesk Desktop: Support Hardware Break-Fix VRemote Management & Monitoring Software VNetwork Monitoring VServer Monitoring Patch Management Management of Backup Solution including full BCDR for 5TB Security Essentials Suite: Managed Detection & Response (MDR) VActive Threat Hunting VAdvanced Email Protection Vulnerability Scanning VDNS Filtering Firewall Management Dark' Web Monitoring Mulifactor Authentication Password Management Security Awareness Training Strategic Technology Planning VIT Budgeting & Resource Allocation VIT Governance and Compliance VITI Policy review and development VLifecycle Management Program VCustomer Dashboard Initial Onboarding Starlup Onboarding Tasks Include: Comprehensive transition plan Management platforms configuration Remediation prioritization Agent Rollout Implementation of all services such as Email Securify, Security Awareness Training, Network Monitoring, etc. Initial Assessment & VCIO Consult OPTION 1:$27,973 Dedicated End User Support (40 hours/week) Managed Infrastructure Managed Security VCIO (8 hours/month) Remote End User Support (10 hours/week) Managed Infrastructure Managed Security VCIO (8 hours/month) Managed Enterprise Infrastructure Managed Security VCIO (8 hours/month) OPTION 2: $17,653 Security Services OPTION 3: $14,213 Advisory Services Virtual Chief Information Officer (vCIO): One-Time Cost Onboarding Fee (One Time Cost) $14,213 InterDev Page 127 Pricing Notes: Monthly cost includes soffware costs fori the services specified. Onboarding includes an assessment of your existing envomment/nirosrvclue against our standards. VCIO will work with the City of Hampton to develop a strategic technology ands security plan. Pricing Adjustment True Up"Schedule- The IT Services fees are based off a per user andp per device charge, which InferDev will perform a" true up" or adjustment on a quarterly basis. This' "true up" will adjust billing for the next quarter based on thei total number of confirmed users by the Client. The Client will only pay for the number of users that are active at the time of the" true up". If there is an increase in user count from the previous" true up" InterDev will only bill the client, the difference for thel last 30 days of services. A 5% Escalator shall apply on the anniversary date of the agreement. A-La-Cart Services DETAILED SERVICEPROPOSAL Helpdesk Desktop Support Hardware Break-Fix SERVICE CATEGORY End User Support (101 hours/week) Monthly Recurring Charge $13,760 DETAILED SERVICE PROPOSAL Helpdesk Desktop Support Hardware Break-Fix DETAILED SERVICEI PROPOSAL SERVICE CATEGORY End User Support (40 hours/week) Monthly Recurring Charge $17,200 Monthly Recurring Charge SERVICE CATEGORY Onsite IT Support (241 hours/week) Dedicated support for all city departments $8,256 InterDev Page I 28 INTERDEV PROJECT STANDARDS InterDev will consider any additional services and/or tasks that are outside of the documented scope as a project that will be billed per the rate card within the proposal. InterDev defines a project asafundamental. change or upgrade to a system or the implementation of a new system or technology that would exceed ten (10) hours of total work. All projects will be completed on a best effort basis as submitted by the client with an agreed upon schedule. Break Fixi items do not constitute a project if thei itemi is covered under the InterDev will provide the following items below when engaging with the clients on any projects. Statement of work- Will contain a detailed list of what work will be completed with an overall estimate of hours of work and any overall cost estimates known or required to start the Project Plan - This is a list of major milestones with estimated dates or span of time that Stakeholder Document- - Will contain thel list of approvers for each portion of the project. This Project supporting documents - As needed, the project must be documented to provide knowledge transfer for ongoing support. Diagrams, Serial numbers, circuit ID's, and others Project closing - This will be a signed document certifying the approved completion. The rate card includes the discounted rates offered to InterDev MSP (Managed Services Provider) contracted base services. project process. constitute the whole of the project. could be financial approvers and/or timing or outage approvers. will be placed here to formalize the project completion. clients. PROJECT RESOURCES RATES $225.00 $200.00 $175.00 $165.00 $150.00 $165.00 $155.00 $145.00 $145.00 $125.00 VCIO/VCISO Security Engineer IV Security Engineer III Security Engineer I Security Engineerl Systems Engineer IV/Network Engineer IV Systems Engineer III/Network Engineer III Systems Engineer I/Network Engineerll Project Manager End User Support/Tierl Profiles for the InterDev. Management team are available on our website www.nterdev.com). InterDev willp provide any additional. information regarding eachp participant uponrequest. All additional. staff members assigned to support the City ofH Hampton will be subject to InterDev'sr rigorous internal background checks and any cify background nvesigomonsrequesed. InterDev Page 129 INTERDEV TERMS AND CONDITIONS Engagement Overview: This agreement ("Agreement") outlines the terms and conditions for the provision of professional IT services Thei initial term of this Agreement shall be from the date of service commencement and shall continue on amonth-to-month. basis. The term: shall automatically renew for successive monthly terms, unless either party provides written notice of non-renewal at least thirty (30) days prior to the expiration of the current Any changes to the scope of work must be documented in a change order. Additional fees resulting Alli incident response support and vUlnerability remediation will require a change order or additional by InterDev ("Service Provider") to The City of Hampton ("Client"). Term: term. Change Orders: from approved change orders will be invoiced separately. Statement of Work. Payment Terms: Payment is due: 30 days from the date of thei invoice. may result in a suspension of services. Non-Solicitation of Employees: Late payments may be subject to a late fee of five (5) percent per month, starting from the due date and During the term of this Agreement and for a period of two (2) years after its termination or expiration, neither party shall directly or indirectly solicit, recruit, or hire any employees, contractors, or agents of the other party involvedi in the performance of this Agreement. For the purposes of this clause, solicitation" includes buti is not limited to: a. Initiating contact with employees of the other party for the purpose of offering employment or engagement. b. Inducing or attempting toi induce employees of the other party tot terminate their employment or engagement. C. Assisting others in soliciting, recruiting, or hiring In the event of a breach of this non-solicitation clause, the non-breaching parly shall be entitled to seek employees of the other party. injunctive relief and/or monetary damages. Confidentialily: Limitation of Liability and strict liability or otherwise. Miscellaneous: Both parties agree tol keep the terms and conditions ofi this payment structure confidential. Inr no event shall InferDev be liable to the Client or any other party for any special, exemplary, incidental, or consequential damages, including but not limited to lost profits, whether arising out of contract, tort, This Agreement represents the entire understanding between the parties and supersedes any prior agreements or understandings. This Agreement will be governed by the laws of Georgia. InterDev Page 130 Type of Request State of Georgia ITEM# 10D City of Hampton LEGISLATIVE SUMMARY SWMAA between the City of Hampton and the Department Requesting Agenda Item SEORGIS Meeting Date: 5/14/2024 Action Type: Action by City Council Administration Exhibit Attachments s for Agendal Item: 1) Statewide Mutual AidA Agreement (SWMAA) 2) SWMAAI Fact sheet 3) 4) 5) 6) Fori informationaldiscussion purposes only Presenter: Alex Cohilas Agenda Item: Item 10D. Consideration and action on the Statewide Mutual Aid Agreement (SWMAA) to enter into the agreement with the State of Georgia to facilitate assistance in the event of a natural or man-made disaster. Background/Summay: This is an annual agreement between the City and the State of Georgia, that we agree to seek assistance from the state through our county emergency management agency. Financial mplcationsConsderations -Isp project budgeted? -Willp project require the use ofF Fund Balance? lfyes, please state amount $ -Will the project require funds? -Isp project grant funded and willr requirea and those funds arelare not! budgeted. Y Y Y Nx NX Nx NX NX %r match -Ist this request a Capital Project and part of Capital Project List? Additional Comments/Recommendations STATEWIDE MUTUAL AID AND ASSISTANCE AGREEMENT County/Munic'palty: The City of! Hampton The State of Georgia is vulnerable to a wide range of natural and man-made disasters and emergencies. The Georgia Emergency Management Act, as amended (The Act) gives the local governments ofthe State the authority to make agreements for mutual aid assistance in emergencies. Pre-existing agreements for mutual aid assistance in emergencies help to ensure the timely provision of mutual aid assistance and the reimbursement of costs incurred by those parties who render such assistance. This mutual aid agreement is entered pursuant to authorities contained in Articles Ithrough III, Chapter 3, Title 38, Official Code of Georgia Annotated. ARTICLEI STATEMENT OF AGREEMENT. DEFINITIONS AND AUTHORITIES This Agreement is made and entered into between the participating political subdivisions, which approve and execute this Agreement, hereinafter called Participating Parties" and the Georgia Emergency Management and Homeland Security Agency (GEMA/HS). For purposes oft this Agreement, the following terms and expressions shall apply: ()"Agreement" means this agreement, generally referred to as the "Statewide Mutual Aid Agreement" (2)"Assistance" includes personnel, equipment, facilities, services, supplies and other resources furnished to a Requesting Party pursuant to this Agreement during an emergency or disaster. (3)"Assisting Party" means a party that provides assistance pursuant to this Agreement during an (4)"Authorized Representative" means a Participating Party's elected or appointed official or employee who has been authorized in writing by that party to request, to offer, or otherwise to provide (5)"Participatingl Party" means a county or municipality oft the State of Georgia that has become party (6)"Participating Parties" means the combination of counties and municipalities that have become (7)' "Requesting Party" means aj party that requests assistance pursuant to this Agreement during an Any term or expression not defined in this Agreement shall have the meaning specified in the Georgia Emergency Management Act, as amended (the Act) and rules promulgated thereunder, unless used in a (SWMAA). emergency or disaster. mutual aid assistance. tot this Agreement by its approval and execution of this agreement. parties to this Agreement by their approval and execution ofthis Agreement. emergency or disaster. context that clearly suggests a different meaning. Pagelofs Statewide Mutual Aida and Assistance Agreement- 2024 ARTICLEI GENERAL PURPOSE The purpose oft this Agreement is to: 1. Provide the tramework to support mutual assistance in managing an emergency or disaster occurring within any political subdivision that is a Participating Party, whether arising from natural disaster, technological hazard, human caused disaster, civil emergency, community disorders, insurgency, enemy attack, acts oft terrorism, other significant events or homeland 2. Identify those persons who are authorized to act on behalf of the Participating Party signing this Agreement as their Authorized Representative(s) concerning the provision of mutual aid resources and requests for mutual aid resources related to any mutual aid assistance sought from another Participating Party, or from or through the State ofGeorgia. Appendix A ofthis Agreement shall contain the name(s) of the Participating Party's Authorized Representative for purposes oft this Agreement. Appendix A can be amended by the authorizing Participating Party as needed with no effect on the entire Agreement. All such amendments to Appendix A shall be done in writing and the Participating Party shall notify GEMA/HS and all other Participating security activity; and Parties of such amendment within thirty (30) days. ARTICLEI II ACKNOWLEDGEMENT OF PRINCIPLES The prompt, full and effective utilization ofresources oft the Participating Parties, including any resources on hand or available from the State or Federal Govemment or any other source, that are essential to the safety, care and welfare oft the people shall be the underlying principle on which all In the event ofa conflict between any provision of this Agreement and any existing intrastate mutual aid agreement affecting a Participating Party, the provisions oft this Agreement shall be controlling. On behalf oft the governing authority of each political subdivision of this State participating ini the Agreement, the director of emergency management of such political subdivision will be responsible for formulation of the appropriate mutual aid plans and procedures necessary to implement this articles oft this Agreement shall be understood. Agreement. ARTICLEIV PARTICIPATING PARTY RESPONSIBILITIES (a) It shall be the responsibility of each Participating Party to: formulate procedures and programs for intergovemmental cooperation ini the performance oft the responsibilities listed ini this Article. In formulating such plans, and in carrying them out, each Participating Party, insofar as practical, shall: (1) Protect and assure uninterrupted delivery ofs services, medicines, water, food, energy and fuel, search and rescue, and critical lifeline equipment, services, and resources, both human and material; and Page 2of8 Statewide Mutual Aid: and Assistance Agreement- 2024 (2) Inventory and set procedures for the loan and delivery ofhuman and material resources, (b) Whenever al Participating Party requires mutual aid assistance from another Participating Party (1) Contacting the Participating Party who is the owneroperatonempoyet oft the supplies, equipment and/or personnel being sought for mutual aid assistance (the Assisting Party); or (2)Contacting GEMA/HS to serve as the facilitator ofs such request for those resources being sought for mutual aid that are wnedloperatc.lempoyea by Participating Parties (where such Participating Parties have submitted a record of those resources to GEMA/HS for such use); and/or, when such resources being sought for mutual aid are wnedoperatc.empoyca directly by the State of Thej provisions of this Agreement shall only apply to requests for assistance made by an Authorized Representative. Requests may be verbal ori in writing. Ifverbal, the request must be confirmed in writing within 30 days oft the verbal request. Requests shall provide the following information: (1)A description of the emergency service function for which assistance is needed, such as but not limited to fire services, law enforcement, emergency medical, transportation, communications, public works and engineering, building inspection. planning and information assistance, mass care, resource support, health and medical services, damage assessment, volunteer and donated goods (2)1 The amount and type of personnel, equipment, materials and supplies needed, and a reasonable (3) The specific place and time for staging of the Assisting Party's response and aj point of contact The. Assisting Party will (a) maintain daily personnel time records, material records and a log of equipment hours (or miles, ifappropriate) and (b) report work progress to the Requesting Party at together with procedures for reimbursement. and/or the State of Georgia, the Requesting Party may request assistance by: Georgia. and search and rescue; and estimate of the length oft time each will be needed; and att that location. mutually agreed upon intervals. ARTICLEV LIMITATIONS Any Participating Party requested to render mutual aid shall take such action as is necessary to provide and make available the resources covered by this Agreement in accordance with the terms hereof; provided that it is understood that the Participating Party who is asked to render aid may withhold resources to the extent necessary to meet the current or anticipated needs oft the Participating Party's own political subdivision to remain in compliance with such Participating Party's policy, rule or law. The Assisting Party's mutual aid resources will continue under the command and control oft their own Page3of8 Statewide Mutual Aid and Assistance Agreement- 2024 supervisors, but the organizational units will be under the operational control oft the emergency services authorities oft the Requesting Party unless the Assisting Party approves an alternative. Int the event the Governor should declare a State of Emergency, any and all provisions of this Agreement which may conflict with the declared State of Emergency shall be superseded by the terms and conditions contained within the State of Emergency. ARTICLE VI LIABILITY AND IMMUNITY (a) In accordance with O.C.G.A. $ 38-3-35(a), no political subdivision oft the state, nor the agents or representatives of the state or any political subdivision thereof, shall be liable for personal injury or property damage sustained by any person appointed or acting as a volunteer emergency management worker or member of any agency engaged in emergency management activity. The foregoing shall not affect the right ofa any person to receive benefits or compensation to which he might otherwise be entitled under Chapter 9 ofTitle 34, Code Section 38-3-30, any pension law, or any act of Congress. (b) In accordance with O.C.G.A. S 38-3-35(b), no political subdivision oft the state nor, except in cases ofwillful misconduct, gross negligence, or bad faith, the employees, agents, or representatives oft the state or any political subdivision thereof, nor any volunteer or auxiliary emergency management worker or member ofa any agency engaged in any emergency management activity complying with or reasonably attempting to comply with Articles 1 through 3, Chapter 3, Title 38, Official Code of Georgia Annotated; or any order, rule, or regulation promulgated pursuant to. Articles I through 3 of title, or pursuant to any ordinance relating to precautionary measures enacted by any political provisions of Articles 1 through 3 ofs said chapter and title, or pursuant to any ordinance relating to precautionary measures enacted by any political subdivision oft the state shall be liable for the death of ort the injury to person or for damage to property as a result ofany such activity. (c)I Iti is the express intent oft the parties that the immunities specified in accordance with O.C.G.A. 38-3-35 shall apply in addition to any other immunity provided by statute or case law. ARTICLE VII RIGHTS AND PRIVILEGES Inaccordance with O.C.G.A. $ 38-3-30(a), whenever the employees ofany Assisting Party or political subdivision are rendering outside aid pursuant to this agreement and the authority contained in Code Section 38-3-27, the employees shall have the same powers, duties, rights, privileges and immunities as ifthey were performing their duties in the political subdivisions in which they are normally employed. ARTICLE VIII REMBURSEMENT Ina accordance with O.C.G.A. S 38-3-30(b), The Requesting Party shall be liable for any loss ofor damage to equipment used or placed within the jurisdiction ofthel Requesting Party and shall pay any expense incurred in the operation and maintenance thereof. No claim for the loss, damage or expense shall be allowed unless, within 60 days after the same is sustained or incurred, an itemized notice of Page 4of8 Statewide Mutual Aid: and Assistance Agreement-2024 the claim under oath is served by mail or otherwise upon the designated fiscal officer oft the Requesting Party. Appendix B ofthis Agreement shall contain the name(s) oft the Participating Party's designated fiscal officer for purposes oft this Agreement. Appendix B can be amended by the authorizing Participating Party as needed with no effect on the entire Agreement. Appendix B can be amended by the authorizing Participating Party as needed with no effect on the entire Agreement. All such amendments to. Appendix B shall be done in writing and the Participating Party shall notify GEMA/HS and all other Participating Parties of such amendment within thirty (30) days. The Requesting Party shall also pay and reimburse the Assisting Party for the compensation paid to employees furnished by the Assisting Party during the time oft the rendition ofthe aid, as well as the actual travel and per diem expenses ofsuch employees while they are rendering the aid. The reimbursement shall include any amounts paid or due for compensation due toj personal injury or death while the employees are engaged in rendering the aid. The term "employee," as used herein, shall mean, and this provision shall apply with equal effect to, paid, volunteer and auxiliary employees and emergency management workers. Expenses to be reimbursed by the Requesting Party shall include the following: (1)Labor costs, which shall include all usual wages, salaries, compensation for hours worked, mobilization and demobilization, the Assisting Party's portion of payroll taxes (as employer), insurance, accrued paid leave and other fringe benefits, but not those amounts paid or due as a benefit to the Assisting Parties personnel under the terms of the Georgia Workers Compensation (2) Equipment costs, which shall include the fair rental value, the cost of fuel and other consumable supplies, service and repairs. Ifthe equipment is damaged while in use under this Agreement and the Assisting Party receives payment for such damage under any contract fori insurance, the Requesting Party may deduct such payment from any item or items invoiced; and (3) Material costs, which shall include the total reasonable cost for the use and consumption ofa any and all consumable supplies delivered by the Assisting Party for the benefit of the Requesting (4) Meals, lodging and other related expenses, which shall include charges for meals, lodging and other expenses relating to the provision ofa assistance pursuant to this Agreement shall be the actual The Assisting Party shall maintain records and submit invoices within 60 days for reimbursement as specified hereinabove and the Requesting Party shall pay the invoice no later than 30 days following Act; and Party; and and reasonable costs incurred by the Assisting Party. the invoice date. ARTICLEIX IMPLEMENTATION This Agreement shall become operative immediately upon its approval and execution by GEMA/HS and any two political subdivisions oft this State; thereafter, this Agreement shall become effective as to any other political subdivision oft this State upon its approval and execution by such political subdivision. Page 50 of8 Statewide Mutual Aid and Assistance Agreement- 2024 Any Participating Party may withdraw from this Agreement by mailing notice ofv withdrawal, approved by the governing authority ofs such political subdivision, but no such withdrawal shall take effect until 30 days after the governing authority oft the withdrawing political subdivision has given notice in writing ofs such withdrawal to the governing authorities ofall other Participating Parties. Such action shall not relieve the withdrawing political subdivision from obligations assumed hereunder prior to the Copies oft this Agreement shall, at the time oftheir approval, be deposited with each oft the respective effective date ofwithdrawal. Participating Parties and with GEMA/HS. ARTICLEX TERM OF AGREEMENT This Agreement, once executed, is valid until March 1, 2028. Agreement of the Participating Parties to extend the term oft this agreement at any time during the last year ofits original term or the last year of any subsequent four-year term shall extend the term of this agreement for four years. Each four-year extension shall constitute a separate agreement. ARTICLEXI VALIDITY Ifany provision of this Agreement is declared unconstitutional, or the applicability thereofto any person or circumstances is held invalid, the constitutionality of the remainder ofthis Agreement and the applicability thereof to other persons and circumstances shall not be affected thereby. Agreed: Ann N. Tarpley, Mayor Signature County/Municipality: City ofHampton Ann N. Tarpley, Mayor - Print Name Date: GEMA/HS Director - Signature GEMA/HS Director - Print Name Date: Page 6of8 Statewide Mutual Aid and Assistance Agreement- 2024 APPENDIXA AUTHORIZED REPRESENTATIVE The below named individual(s), in addition to the chiefexecutive officer, is/are the "Authorized Representatiyets)" for the City of Hampton county/municipalnty, and are authorized tor request, offer, or otherwise provide and coordinate mutual aid assistance on behalf oft the above- named countymumicipalnty: James Turner Chief of Police Signature of Above Individual Alex Cohilas Job Title/Position Signature of Above Individual Print Name Job Title/Position Signature of Above Individual Date: Ann N. Tarpley Mayor - Signature Ann N. Tarpley Mayor Print Page 7of8 Statewide Mutual Aid and Assistance Agreement- 2024 APPENDIX - B DESIGNATED FISCAL OFFICER(S) The below named individual(s) is/are the "designated fiscal officer(s)" for the City of Hampton (county/municipality) for the purpose oft reimbursement sought for mutual aid: Alex Cohilas City Manager Signature of Above Individual Print Name Job Title/Position Signature of Above Individual Print Name Job Title/Position Signature of Above Individual Date: Ann N. Tarpley Mayor Signature Ann N. Tarpley Mayor Print Page 8of8 Statewide Mutual Aid and. Assistance Agreement- 2024 Statewide Mutual Aid Agreement (SWMAA) FAQs Why dol Ineed to do this? Pre-existing agreements for mutual aid assistance in emergencies help to ensure the timely provision of mutual aid assistance and reimbursement of costs incurred by those parties who renders such assistance. This agreement also provides thet framework to support mutual assistance in managing an emergency or disaster occurring within any political subdivision that is al Participating Party, whether arising from natural disaster, technological hazard, human caused disaster, civil emergency, community disorders, insurgency, enemy attack, acts of terrorism, or other significant events or homeland security activities. Participating Party means a county or municipality of the State of Georgia that has become party to this Agreement byi its approval and execution of this agreement. Your GEMA/HS EMI Field Coordinator can What other jurisdictions are involved? assist you with this. What kind of assistance are we talking about? Who will our resources be working for? "Assistance" includes personnel, equipment, facilities, services, supplies and other resources furnished to a Requesting Party pursuant to this Agreement during an emergency or disaster. The Assisting Party's mutual aid resources will continue under the command and control of their own supervisors, but the organizational units will be under the operational control oft the emergency services authorities of the Requesting Party unless the Assisting Party approves an alternative. Aj jurisdiction may' withhold resources toi the extent necessary to meet the current or anticipated needs Those issues are covered in Article' VI Liability and Immunity, and Article' VIII Reimbursement in the What if myi jurisdiction doesn'twant to send resources? oft thej jurisdiction's own political subdivision. What about liability and reimbursement? Agreement. What if myj jurisdiction wants to withdraw from this agreement? Any Participating Party may' withdraw from this Agreement by mailing notice of withdrawal, approved by the governing authority ofs such political subdivision, but no such withdrawal shall take effect until 30 days after the governing authority of the withdrawing political subdivision has given notice in writing of such withdrawal to the governing authorities of all other Participating Parties. Such action shall not relieve the withdrawing political subdivision from obligations assumed hereunder prior tot the effective date of withdrawal. Type of Request ITEM# 10E City of Hampton LEGISLATIVE SUMMARY Application for Transportation Improvement Program ("TIP") Grant Funding from Atlanta Regional Commission ("ARC") Department Requesting Agenda Item Community Development Department Exhibit Attachments si for Agenda Item: EORGI Meeting Date: May 14, 2024 Action Type: Action by City Council Presenter: Fori nformationaldiscussion purposes only 1) RES. No. 2024-17 2) 3) 4) 5) 6) Wanda D. Moore, PLA Agenda Item: Item. Consideration and Action to approve Resolution 2024-17 to submit an application for Transportation Improvement Program ("TIP")grant funding from the Atlanta Regional Commission ("ARC") through Livable Centers Initiative (LCI) Program grant. The requested funding is for construction of a pedestrian bridge that will connect sections of West King Road that were severed in conjunction with the construction of GAH HWY 20. The proposed Resolution authorizes staff to complete the TIP grant application for FY2025 BackgroundSummary: The project was proposed and adopted by the City in King, George, and Daniel Streets Revitalization Strategy LCI study in 2022. Construction of a Pedestrian Bridge to Reunite Bisected Hampton Communities designated as TM-4 Transportation project. Ifauthorized by Resolution, staff will prepare the TIP application and submit it to ARC. The application will seek total amount $10,000,000 of which the city is required 20% local match ($2,000,000) once awarded. Financial mpicatonsConsdeatons -Isp project budgeted? -Will project require the use of Fund Balance? Ify yes, please state amount $2,000,000 -Will the project require funds? -Is project granti funded and will require a 20 andi those funds arelare not budgeted. Y_ NX YY N YY N YY N YY N % match -Is this request a Capital Project andp part of Capital Project List? Additional Comments/Recommendations Staff requests approval to apply for planning grants which will be used to conduct planning activities necessary to design multi-modal overpass above HWY 20 connecting West King Road, which was bisected by the construction of HWY 20. CITY OF HAMPTON STATE OF GEORGIA RESOLUTION NO. 2024-17 A - RESOLUTION TO SUBMIT AN APPLICATION FOR TRANSPORTATION IMPROVEMENT PROGRAM ("TIP") GRANT FUNDING FROM THE ATLANTA REGIONAL COMMISSION ("ARC") THROUGH LIVABLE CENTERS INITIATIVE CLCIPROGRAM; TO PROVIDE FOR REPEALOFCONFLICTING RESOLUTIONS; TO PROVIDE AN EFFECTIVE DATE; AND TO PROVIDE FOR OTHER LAWFUL PURPOSES. WHEREAS, the duly elected governing authority of the City of Hampton, Georgia is the WHEREAS, the City has completed its City and Henry County Trail Plan, Transportation Plan, King, George, and Daniel Street LCI Study and proposed therein is a HWY 20 Pedestrian Mayor and Council (hereinafter "City") thereof; and Overpass; and, WHEREAS, The Atlanta Regional Commission, the federally designated Metropolitan Planning Organization responsible for developing and updating the TIP projects to meet federal planning requirements is soliciting for TIP projects for FY2025- FY2028; and, WHEREAS, for which the City can apply by May 5, 2024; and WHEREAS, the Cityi is aware ofand certifies that in the event the City is awarded the said funding, the City will be responsible for twenty (20) percent of the total project cost; and, BE IT AND IT IS HEREBY RESOLVED by the Mayor and Council of the City of Hampton, Georgia, that the City supports the City of Hampton's application to. Atlanta Regional Commission for grant through the LCI program to implement the HWY 20 Pedestrian Overpass TIP project. SORESOLVED, this day of 2024. CITY OF HAMPTON, GEORGIA ANN N. TARPLEY, Mayor ATTEST: RASHIDA FAIRLEY, City Clerk APPROVED ASTO FORM: L'ERIN BARNES WIGGINS, City Attorney Type of Request Joint Resolution 24-05-02 ITEM# 10F City of Hampton LEGISLATIVE SUMMARY ORGI Meeting Date: 5/14/2024 Action Type: Action by City Council Presenter: Alex Cohilas Agenda Item: Department Requesting Agenda Item Administration Exhibit Attachments s for Agenda Item: 1) Joint Resolution: 24-05-02 Fori nformationaldiscussion purposes only 2) 3) 4) 5) 6) Item 10F. Consideration and action to approve Resolution 24-05-02, a joint resolution between the Cities of Hampton, Locust Grove, McDonough, and Stockbridge, and the Henry County Government for enhancing communication, collaboration, and transparency in developmental activities through the adoption of the "Good Neighbor Policy." BackgroundSummary: Financial mplcationsComsderations -Is project budgeted? -Will project require the use of Fund Balance? lfy yes, please state amount $ -Will the project require funds? -Is project grant funded and will require a. and those funds arelare not budgeted. Y Y Y_ Y Nx NX Nx NX NX % match -Is this request a Capital Project and part of Capital Project List? Additional CommemtsPecommenditons STATE OF GEORGIA CITY OF MCDONOUGH RESOLUTIONI NO. 24-05-02 Al Resolution of the Cities of Hampton, Locust Grove, McDonough, Stockbridge, and the Henry County Government for Enhancing Commumication, Collaboration, and Transparency in Developmental Activities through the adoption of the "Good Neighbor Policy" WHEREAS, the Cities ofl Hampton, Locust Grove, McDonough, Stockbridge, and the Henry County Government (hereinafter: referred to as "the Parties") recognize the importance ofmutual respect, communication, collaboration, and transparency: in WHEREAS the increasing pace of development within Henry County andi its respective jurisdictions necessitates a comprehensive and collaborative approach to planning and development that respects the interests and concerns ofncigPboringjwiaisious: and WHEREAS developments within one. jurisdiction may have significant impacts on adjacent jurisdictions, including but not limited to traffic congestion, public safety, and WHEREAS code violations in one, jurisdiction can adversely impact the look and feel of adjacent jurisdictions, undermining the collective efforts to: maintain high standards of WHEREAS the Parties acknowledge the benefits ofs sharing information about proposed developments prior to voting by their respective governing bodies to allow fori informed WHEREAS the Parties recognize thej potential for collaboration ini the development and maintenance ofinfrastructure: such as sidewalks, lighting, and street pavement, which can enhance the quality ofl life for residents across jurisdictional boundaries; NOW,THEREFORL, BEI ITI RESOLVED by the governing bodies ofthe Cities of Hampton, Locust Grove, McDonough, Stockbridge, and the Henry County Government 1. Communication ofDevelopment Impacts: Prior to any votel by a governing body onj proposed developments that may impact neighboringjunsictions, the proposing. jurisdiction shall inform the impacted jurisdictionf)ofsuch developments, including details of the proposed project and potential impacts on traffic, public safety, aesthetics, and any relevant code compliance issues. fostering positive intergovermental relationships; and aesthetic continuity along shared corridors; and community appearance and quality of1 life; and decision-making and planning; and that: McDON SEAL EORGI ATTEST: (seal) 83 ATTEST: City of Stockbridge (seal) ATTEST: Henry County Government (seal)