The Commission  ofthe nified Government Oussta.Chatahocie County, Georgia 2151 McNaughton St Cusseta, Georgia 31805 (706) 989-3602 Fax (706) 989-2005 lisa@ugoccc.com  Charles Coffey, Chairman Timothy Biddle, Vice Chairman Gerald Douglas Damon Hoyte Jason Frost  Thomas Weaver, County Manager Lisa Bickel, County Clerk Binj Minter, County. Attorney  MINUTESOFTHE REGULARI MEETING  July2,2024 215 McNaughton St. PRESENT:  Chairman Coffey Vice-Chairman Biddle Commissioner Douglas-Absent Commissioner Hoyte Commissioner Frost  Thomas Weaver, County Manager Lisa Bickel, County Clerk Binl Minter, County. Attorney  Chairman Coffey called the Regular Monthly Meeting of the Commission of the Unified Government of Cussele-Chattahoochee County, Georgia to order at 9:00 a.m., with all other Commissioners present, with the  exception of Commissioner Douglas and live streaming on our Facebook page.  APPROVALOFTHE MINUTES OETHEJUNE4, 2024, REGULAR MEETING  Commissioner Hoyte made the motion to approve the minutes as written. Seconded by Commissioner  Biddle. The vote was unanimous.  APEROVALOETHE/INE 4. 2024, XECUTIVESESSION MINUTES  Commissioner Frost made the motion to approve the minutes as written. Seconded by Commissioner APPROVALOFTHEJUNE 24. 2024, BUDGET PUBLICHEARINGITE & BOCWORK: SESSION Commissioner Hoyte made the motion to approve the minutes as written. Seconded by Commissioner  Biddle. The vote was unanimous. MINUTES OF JUNE: 24, 2024 Frost. The vote was unanimous.  APPROVALOFTHE: EXECUTIVESESSION. MINUTESOEJUNE: 24,2024  Commissioner Biddle made the motion to approve the minutes as written. Seconded by Commissioner  Frost. The vote was unanimous.  OPEN FORUM  NONE 7.2.24 Regular Meeting  1    SPEAKER  NONE  OLD BUSINESS  ATTORNEY stated that the only old business he still needs to complete a draft for ordinancei to create a Board of Election. Iti is required now by state. law, the clocki is ticking, andi iti is on hist to-do list. The board just needs to decide on. how many members they would want andi ift they would want political parties. The County Manager stated he will get the requirements and when Binl has a draft, we will add this tot the Work Session for  further discussion.  County Manager nothing currently for oldi business. ATTORNEY nothing on new business at this time.  NEW BUSINESS  County Manager stated we have ai resident, James Shulterbrondt who is applying for a CUP: and would like tor request a Public Hearing date, his recommendation ist tol have the Hearing at the Work Session on the 22nd. Motion made by COMMISSIONER HOYTE toi reschedule the Work Session to 6pm, sO that the Public Hearing can be added as well, seconded by COMMISSIONER FROST. The vote was unanimous. Motion made to amend the agenda fori this vote was made by COMMISSIONER FROST, secondedl by Solid Waste Bid Proposals: Motion made by Commissioner Hoyte to accept the GFL's Proposal with New] Horizons. Annual. Agreement: Motion made by Commissioner Frost to renew the agreement, Conditional Use Permit-110 Stagecoach Dr.Motion madel by Commissioner Frost to tableuntil the next meeting, August 6th due to the pending litigation, seconded by Commissioner Biddle. Commissioner Chairman Coffey stated he did want tol bring up ift there any outstanding invoices for any department they need to turn them in now or they will go towards the new budget, so] please get those to us. Also, there is an opening on the RVRC and it hasn'tl been filled since DR. Lee, Chairman Coffey would like to consider Mr. Rob Marion for this ifh he would like to dos so ifhei is interested, or anyone else ifthey are: interested, the meetings are the last Wednesday of the month at 10:30. Chairman Coffeyalso wanted to urge the citizens that ifyourt trashcan is not at the: road, you can take your trash to the: recycle, but it does cost the county more when you do sO. We need to  COMMISSIONER HOYTE. The vote was unanimous.  the lowest bid, seconded by Commissioner Biddle. The vote was unanimous.  seconded by Commissioner Frost. The vote was unanimous.  abstained from voting.  look at our recycle facility this year and seel how we can make it better.  7.2.24 Regular Meeting  2    EXECUTIVESESSION:  AI Motion was made to goi into executive session at 9:27a.m. Commissioner Hoyte made the Motion, seconded by Commissioner Frost. The vote to enter executive session was unanimous.  Kepularmetingromeat:  The regular meeting reconvened at: 10:30 a.m. Chairman Coffey made the statement that the subjects discussed during the closed meetings were within thel legal exceptions tot the open meetings law and that no votes were cast within the session. Subjects discussed were personnel, contracts, and tire costs.  ADJOURNMENT  There being noi further business tol be conducted by and with the Commission of the Unified Government of Cusseta-Chattahoochee County, Georgia, Chairman Coffey declared the Monthly Meeting of the Board of  Commisioneradoumed at1 10:31am on' Tuesday, July 2, 2024.  CHARLES COFFEY,  E  AET TIMOTHY BIDDLE, VICEC CHAIRMAN Ahaen APIAIOANSONER LRe DAMONI HOYTE, COMMISSIONER  h  FROST, COMMISSIONER  PE  August 6, 2024 DATEAPPROVED  Ihereby certify that thei foregoing documentation, the Minutes oft the. July: 2, 2024, Regular Meeting, was approved via majority vote by the Board of Commissioners in its August 6,2024 regular meeting.  ATTESTED BY:  1S THOMAS WEAVER, COUNTYI MANAGER UNIFIED GOVERNMENTOF CUSSETA-CHATTAHOOCHRECOUNTY  Seal:  7.2.24 Regular) Meeting  3    CONTRACT FOR RESIDENTIAL AND COMMERCIALSOUD  WASTE COLLECTION. SERVICE  THIS CONTRACT FOR RESIDENTIAL AND COMMERCIAL SOLIPWASTE COLLECTION SERVICE (this "Agreement") made and entered into on the. day Of Sep-mler 2024, by and between Unified Government of Cusseta Chattahoochee County, political subdivision of the State of Georgia, by and through its County Commission, hereinafter referred to as' "County," and CONTRACTING COMPANY, herein after referred to as GFL ori its successors, acting and through its duly authorized officers hereinafter referred to as "Contractor." WHEREAS, iti is necessary for County to promote, preserve and protect the public health WHEREAS, the removal of garbage, rubbish and other waste material generated within WHEREAS, the granting of an exclusive Contract to a private corporation for the collection and disposal of solid waste is a valid function of County; and WHEREAS, County and Contractor are desirous of entering into an agreement, under the terms of which, Contractor shall have an exclusive Contract for a specified period oft time for the collection and removal of all Residential and Commercial Solid' Waste generated within the WHEREAS, County and Contractor have agreed to the conditions, terms, rates, provisions and considerations under which Contractor: shall perform such solid waste collection and disposal services as herein set out, and for the compensation as hereinafter provided;and WHEREAS, it is thei intent of the County that the owner or occupant ofe every Residence and Commercial Business int the County shall receive solid waste collection services WHEREAS, County willl bill and collect the fees from alll Residential customers for services tol be received from the Contractor, and the Contractor will bill the County WHEREAS, Contractor will bill and collect the fees from all Commercial customers for  of its citizens; and  the County is a valid exercise of County's police power, and  County, and  provided by Contractor, and  monthly for services rendered, and services to be received from the Contractor; THEREFORE, County and Contractor agree as follows:  Section 1.0- Definitions  For purposes of this Agreement, thet following terms shall be defined as follows:  Pagelof1 15    1.1 Agreement: This contract agreement, including exhibits and any amendments thereto, agreed to byt the County and the Contractor during the term of the Agreement. 1.2 Bulk Items: Those items of furniture, such as sofas, chairs, tables, carpets, and other large items, which cannot reasonably be placed ina a 95-gallon rollout cart. 1.3 Cart: Ar rollout receptacle for Residential Solid' Waste with a capacity of not less than 95 gallons, constructed of plastic, metal or fiberglass, having handles of adequate strength forl lifting, and having a tight-fitting lid capable of preventing entrance into the 1.4 C&DMaterials: Waste materials generated byt the construction, remodeling repair or 1.5 Commercial Premises: AII Non-Residential Premises, public or private, requiring solid waste collection within the County, including commercial, industrial, institutional, and governmental premises. Mobile Home parks consisting of 5 or more mobile homes may be considered Commercial Premises if they are contracted and receive dumpster solid 1.6 Commercial Hand-load Customers: AlI Commercial Premises utilizing a Cart for the placement of their solid waste for collection by the Contractor. 1.7 Commercial Sold Waste: All Garbage, Rubbish, and other acceptable waste generated by a Commercial Premises and all C&D Materials, excluding Hazardous 1.8 Contractor: Person, firm, corporation, organization, or entity with whom the County has executed a contract for performance of the work or supply of equipment or 1.9 County: The Unified Government of useta-Chatanoochee County, Georgia. 1.10 Curbside: The location adjacent to the traveled portion of a roadway designated by the Contractor for the placement of Carts and other solid wastei for collection. 1.11 Garbage: Solid waste consisting of putrescible animal and vegetable waste materials resulting from the handling, preparation, cooking, and consumption of food, including waste materials from markets, storage facilities, handling and sale of produce and 1.12 Hazardous Waste: Any solid waste identified or listed as a hazardous waste by any agency of the State of Georgia or the administrator of the U.S. Environmental Protection Agency pursuant to the Federal Solid' Waste Disposal Act, as amended by the  container by animals and insects.  demolition of residential, commercial, or other structures.  waste collection: services.  Waste.  materials, and its duly authorized representative.  other farm products.  Page2of 15    Resource Conservation and Recovery Act, 72U.S.C. 6901 et: seq, as amended, including 1.13 Recyclable Materials: Materials generated by Residential Premises consisting of newspapers, aluminum and bi-metal cans, HDPE plastic milk jugs and PET Plastic soft drink containers which are stored in Bins and placed at Curbside for collection. 1.14 Residential Premises: A dwelling within the County, occupied by a person or group of persons, including single family! homes, duplexes, triplexes, quadraplexes, and mobile homes whether such mobile homes are registered as vehicies or assessed as real 1.15 Residential Solid Waste: All Garbage and Rubbish generated by a Residential Premises, excluding automobile parts, tires, C&D Materials, Yard' Waste, White Goods, Hazardous 1.16 Rubbish: Non-putrescible solid waste consisting of paper, rags, cardboard, cartons, wood, rubber, plastics, glass, crockery, metal cans or other such waste. 1.17 White Goods: Refrigerators, ranges, washers, water heaters, and other similar domestic 1.18 Vard Trash: Leaves, brush, grass clippings; shrubs and tree pruning's and other vegetative materials from the maintenance ofy yards, lawns, and landscaping at  future amendments thereto.  property.  Waste, or other unacceptable materials.  appliances.  Residential Premises. Section 2.0- Scope of Work  The work under this Contract shall consist of the work and services to be performed in the collection and disposal of Residential: and Commercial Solid Waste generated in the County, including all the supervision, materials, equipment, labor, and all other items necessary' to complete said work ands services in accordance with the terms oft this  Agreement. Section 3.0-Collection 3.1 Service Provided:  Contractor shall collect Garbage from Residential Premises one (1) time per week ini the proper location at Curbside. The occupant of the Residential Premises shall place only Garbage in a 95-gallon Cart owned by Contractor and Resident shall place Cart at Curbside by 6:00 AM on1 the designated collection day. Contractor will collect extra garbage and rubbish placed at curbside adjacent to the 95-gallon container one week after the designated holidays in Section 4.3, and two weeks after Christmas.  Page 3of 15    The Contractor shall be required to pick up "Extra Solid' Waste" such as cardboard boxes, wrapping paper and household trash, limited to what would have fiti inas second  95 gallon roll out cart during the following holidays: For a period of one (1) week after the 4 ofJ July For a period of one (1) week after Thanksgiving For a period of two (2) weeks after Christmas  Upon request from a customer, int the event ofas speçial occasion, such as weddings or funerals. This request must be made to and approved byt the Contractor prior to pick  up. 3.2 Containers:  Contractor shall initially furnish collection equipment for every Residential and Commercial Customers for every occupied location ini the County. Upon placement, Equipment: shall bet the property of Contractor. It shall be the responsibility of the owner of the Residential Premises to properly use and safeguard the Contractor's Int the event that a 95-Gallon container is damaged beyond repair due the end users neglect, but not toi include normal wear and tear, the Contractor shall charge the Customer $100.00 per damaged container, i.e. Container is burned from hot coals,  Equipment.  Container is sawed in half, etc. 3.3 Location of Containers for Collection:  3.3.1 Carts shall be placed at Curbside for collection. Curbside refers to that portion of right- of-way adjacent to county maintained paved or traveled roadways. Containers shall be placed as close to the roadway as practicable without interfering with or endangering the movement of vehicles or pedestrians. When construction work is being performed int the right-of-way, containers, bags, and bundies shall be placed as close as practicable to an access point for the collection vehicle. Contractor may decline to collect any container not so placed or any refuse noti in a bag. The County reserves' the right to amend the placement of containers allowing for safe and efficient service by  Contractor.  3.3.2 Front-end load containers must be placed in an accessible location on hard: surfaces. Commercial customers shall ber responsible for maintaining such surfaces. The County reserves the right to amend the placement of containers allowing for safe and efficient  service by Contractor.  Section 4.0- Routes and Hours of Collection Operation  Page 4 of 15    4.1 Hours of Operation:  Collection of Residential: Solid Waste shall not start before 6:00 AM nor continue after  7:00 PM on the same day. 4.2 Routes of Collection:  Collection routes shall be established by the Contractor. Contractor: shall submit a map designating the collection routes with days of pick-up to the County fori its approval, which approval shall not be unreasonably withheld. The Contractor may from time-to- time propose to County for approval changes in routes or days of collection, which approval shall not be unreasonably withheld. Upon County approval of the proposed changes, Contractor shall promptly give written or published notice to the affected  Customers. 4.3 Holidays:  The following shall be holidays for the purpose of this Contract:  New Year's Day Fourth of July Thanksgiving Day Christmas Day  Contractor may decide to observe any or all of the above-mentioned Holidays by suspension of collection service on thel holiday, but such decision does not relieve the Contractor of his obligation to provide collection service at least once per week (Monday- Saturday) within the Holiday Week. The Contractor will not be allowed  Sunday collection during a Holiday Week.  4.4 Complaints:  All complaints shall be made directly to the Contractor and shall be given prompt and courteous attention. Int the case of alleged missed scheduled collections, the Contractor shall investigate and, if such allegations are verified, shall arrange for the collection of the refuse not collected within 241 hours after the complaint is received.  4.5 Collection Equipment and Personne!:  The Contractor shall provide an adequate number of vehicles for regular collection services. All vehicles shall be kept ing good repair, appearance, and in as sanitary condition at all times. Each vehicle shall have clearly visible on each side thei identity and telephone number of the Contractor, All Solid Waste hauled by the Contractor shall  Page! 5of 15    bes 50 contained, tied, covered, or enclosed: such that leaking, spilling, or blowing are  prevented. 4.6 Office:  The Contractor shall maintain an office or such other facilities through which it can be contacted. It shall be equipped with sufficient telephones and shall have a responsible person in charge from 8:00 a.m. to! 5:00 p.m. daily on regular collection days.  4.7 Access:  The Contractor shall be required to provide collection services to all Residential and Commercial Premises located on publicly owned roadways accessible standard waste collection vehicles. The County shall maintain all publicly owned roads and bridges in a condition that affords access by Contractor's standard waste collection vehicles. The County shall! require occupants of Residential Premises to place Carts at curbside for collection. The County shall require occupants of Residential Premises noti in an accessible location to standard waste collection vehicles to place Carts at an.accessible location on a publicly owned roadway agreed upon by the occupant and the Contractor. Ifthe County or Contractor determines that, for whatever reason, the occupants ofa Residential Premises cannot place the Cart at curbside adjacent to a publicly owned roadway, then the Contractor will provide the collection service at a location agreed upon by Contractor and the occupant, except as provided in Section 3.3  oft this Contract. Section 5.0- Disposal  All Refuse collected for disposal by Contractor shall be hauled to at fully permitted Subtitle DI Municipal Solid Waste landfill or transfer station for disposal, with tipping fees paid! by the Contractor. Should tipping fees at the disposal facility rise during the contract period, an adjustment tot the monthly fee for Commercial: Service shall be made upon mutual agreement with the Contractor and the County. Rate approval shall For Residential Service, an adjustment to the monthly fee shall be made based on 199 pounds per residential unit per month. An example calculation is shown: New Tipping Fee ($/ton)x: 199 oumamsmenhiwAuo pounds =New  not be unreasonably withheid.  Residential Unit Monthly Fee S/unit/month)  Section 6.0- Compensation  6.1 Rates of Compensation for Three (3)Year Rate Period.  Contractor shall be paid by the Residential and Commercial Customers for Solid Waste collection and disposal services provided hereunder by the appropriate rates of  Page6of 15    compensation set forth in Exhibit A, attached hereto and made a part hereof, during thei initial Three (3) year tern of this Agreement. After the initial year of this Agreement, rates may be adjusted annually to reflect changes in operating costs based  uponi increases in the Consumer Price Index.  6.2 Renewal: Rates of Compensation for Subsequent Three (3) Year Rate Periods.  Upon the mutual agreement of the County and Contractor, the parties may renew this Agreement for additional terms. Six (6) months prior to the end of thei initial three (3) year term oft this Agreement, and at each three-year (3) interval thereafter, the County and the Contractor may enter into negotiations to establish and agree upon rates of compensation to bep paid to Contractor during the next ensuing three (3) year terms. The rates shall be based on Contractor's capital, operating, disposal, and management costs projected tol bei incurred during the next three (3) year term, and at fair and reasonable profit margin thereon. Int the event that the County and Contractor are unablei to agree on rates to be paid to Contractor during the next three (3) year term by notl later than 90 days prior tot the end of the then current three (3) year term, the County may terminate the Agreement pursuant to Section 11 hereof..  6.3 Rate Adiustments Due to Significant Changes.  Any purposed rate increases shall come before the Unified Government of Cusseta-  Chattahoochee County Board of Commissioners. approval.  6.4 Delinquent and Closed Accounts.  The County willi invoice and collect from each residential customer for all solid waste services, The County shall assume sole responsibility for billing and collecting from each residence for which for which service is provided. The contractor shall provide solid waste collection and invoice for residential customers to the County, for one time each week collection, foran minimum of 1300 carts/residences. The price rates and The County shall pay contractor for residential solid waste collection on or before the 10" day of the prior month invoiced, i.e. Billing for. July 2024 willl be billed on August 1, 2024, and payment would be due NLT August 11, 2024, for. July's services. All late  schedules are: set forth in Exhibit A hereto.  payments will accrue. following month. Section 7.0- Non-Discrimination  %f finance charges ifr not received by the first of the  Int the performance of the work and services to be performed under the terms hereof, the Contractor covenants and agrees not to discriminate against any person because of  race, sex, creed, color, religion, or national origin.  Page 7of 15    Section 8.0-Indemnity  The Contractor will indemnify, hold harmless, and defend the County, its officers, agents, servants ande employees from and against any and alls suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and reasonable attorney's fees incidental to any work done in the performance oft this Contract arising out ofa willful or negligent act or omission of the Contractor its officers, agents, servants and  employees. Section 9.0-F Force Majeure  Neither party hereto shall be liable for failure to perform hereunder due to contingencies beyond its control, including, but not limited to riots, war, fire, acts of God (including without limitation flood, hurricane, tornado, or storm), compliance with any law, regulation, or order, whether valid or invalid, of the United States of America ora any other governmental body ori instrumentality thereof, whether now existing or hereafter created (collectively referred to as "Force Majeure Event"). In addition, the performance required under this Contract does noti include the collection or disposal of anyi increased volume of solid wastes resulting from al Force Majeure Bvent. In the event ofs such Force Majeure Event, the Contractor will vary routes and schedules as may be deemed necessary. In addition, the County and Contractor shall negotiate the amounts to be paid Contractor for services to be performed as aresult ofi increased volumes resulting from al Force Majeure Event or any other event over which  Contractor has no control. Section 10.0- Licenses and Taxes  The Contractor shall obtain all licenses and permits and promptly pay all taxes required  by the County and State.  Section 11.0-Term  Theterm of this contract shall begin on the. 15+ day of Sepkmher 2024 and shall continue for a period of three (3) years subject to the right oft the This contract shall terminate without further obligation of the County on December 31sofany year of execution. and on December 31st of any calendar year for whichiti is renewed. The County shall notify the Contractor no later than December: 31" of each Further, this contract will automatically terminate immediately ift the funds for the contract are not appropriated! by the governing authority of the County.  County to elect not to renew as set forth below.  subject year whether iti intends to renew this contract.  Page 8of 15    Pursuant to Section 6.21 hereof, and subject tot thei foregoing, Contractor and the County shall have the right tot terminate this contract at the end oft the initial three (3) year term or at the end of any renewed three (3) year term provided the written notice of termination is given not less than 90 days prior tot the end of the current three (3) year  term. Section 12.0- Reports time. Section 13.0- Insurance  Contractor shall provide various reports to the County as may be required from time to  The Contractor shall at all times during the Agreement maintain in full force and effect Employer's! Liability, Workmen's Compensation, Public Liability, and Property Damage Insurance, including contractual liability coverage for the provisions of Section! 9. All insurance shall be byi insurers andi for policy limits acceptable to the County and before commencement of work here under the Contractor agrees tot furnish the County certificates of insurance or other evidence satisfactory to the County to effect that such insurance has been procured and is in force. The certifiçates shall contain thet following "This is to certify that the policies ofi insurance described herein have been issued to the insured for whom this certificate is executed and are in force at this time. Int the event of cancellation or material change in a policy affecting the certificate holder, thirty (30) days prior written notice will be given the certificate holder." For the purpose oft this Contract, the Contractor shall carry the following types of  express obligation:  insurance in: atl least the limits specified below:  COVERAGES Workers Compensation Employer's Liability Bodily InjuryLiability Except Automobile Property Damage Liability Except Automobile Automobile Bodily Injury Liability Automobile Property Damage Liability Excess Umbrella Liability Section 14.0-Compliance withL Law  LIMITS Statutory  $1,000,000.00 $1,000,000.00 each occurrence $1,000,000.00 aggregate $1,000,000.00 each occurrence $1,000,000.00 each occurrence $1,000,000.00 each person $1,000,000.00 each occurrence $1,000,000.00 each occurrence $5,000,000.00 each occurrence  The Contractor shall conduct operations under this Contract in compliance with all applicable laws, including without limitation, ordinances, laws and: statutes of the  Page 9 of 15    County, state and federal governments provided, however that the Contract shall govern the obligations of the Contractor where there exist conflicting ordinances of the County on the subject. Int the event that the collection or disposal of any solid waste hereunder shall become restricted or prohibited by any applicable law, ordinance, rule orr regulation, such type of waste: shall be eliminated from the requirements and  provisions oft this Contract. Section 15.0- Assignment  Contractor S rights accruing undert this Contract may be assigned in whole or in part by the Contractor with the prior written approval or consent oft the County. Asa condition of such assignment, the assignee shall agree to assume the obligations of Contractor  hereunder. Section 16.0- Exclusive Contract  The Contractor shall have the sole and exclusive contract to provide solid waste collection and disposal service in the County. The County hereby grants, andt the Contractor hereby accepts the sole and exclusive contract, license, and privilege to provide Residential and Commercial collection and disposal services to all residential and Commercial Premises in the County for the initial three (3) year term of this Agreement and all renewal terms thereto. The County further agrees that so long as Contractor is noti in default hereunder, it will not enter into any agreement with any other entity for performance of residential and commercial solid waste collection and  disposal services during the term hereof or any renewal terms.  Section 17.0-Ownership  Title to thel Residential and Commercial Solid Waste to be collected under this Contract shall pass to the Contractor once it is placed in the vehicle under control ofthe  Contractor.  Section 18.0-Termination and Attorney Fees  18.1 Int the event of an alleged material breach of this contract, the County shall provide written notice of such breach to the Contractor, to be delivered by Certified Mail, return receipt requested. If within 20 days from receipt of such notice, the Contractor has either failed to correct the condition or reach an agreement with the County ona mutually satisfactory: solution, then the County may, within 10 days, require the Contractor to appear before the County Commissioner's, at either a regular or specially called meeting, to show cause why the Contract should not be terminated. After such  meeting the Commissioner's may elect to:  Page 100 of 15    A. Provide written notice tot the Contractor that the Contract willl be terminated B. Extend thet time to allow Contractor to cure the breach. C.I Impose sanctions or other remedies without terminating the Contract.  30 days from the receipt of such notice.  18.2 Costs  Int the event that either party is required to take any legal action to enforce the terms and Conditions of this Agreement because oft thel breach of or failure to perform any term or condition byt the other party, the breaching party agrees co-pay all costs expended by the other party, including reasonable attorney fees.  Section 19.0- Miscellaneous Provisions 19.1 Choice ofLaw  This Agreement shall be construed in accordance with and governed for all purposes by thel laws oft the-S State of Georgia, excluding the laws applicable to conflicts or choice of 19.2 By execution this contractual agreement the Contractor agrees that the venue for hearing of any disputes shall be in the! Superior Court of Chattahoochee County.  laws.  19.3 Entire Agreement  This instrument contains the entire agreement between the parties relating to the rights being granted and the obligations herein assumed. Any oral representation or modifications concerning thisi instrument shall be of not force or effect and this Contract may not be amended except by a subsequent modification in writing, signed byt the parties hereto or bya an ordinance adopted by County modifying the rates to be charged hereunder in accordance with the provisions of Section 61 hereof.  19.4 Severability  Ifany part of this Agreement for any reason is declared invalid, such decision shall not affect the validity of any remaining portion, which remaining portion shall remain in force and effect as ift this Contract had been executed with the invalid portion thereof eliminated. It is hereby declared thei intention of the parties that they would have executed the remaining portion oft this Agreement without including any such part, parts or portions which may, for any reason, be hereinafter declaredi invalid.  19.5 Captions  Page 110 of 15    The titles or headings preceding any section or paragraph are for reference and convenience only and shall bei in no way construed to be a material part of this  Agreement. 19.6 CountysAuthority  The parties signing this Contract on behalf oft the bys specific action oft the County Commission on the 2024 adoptedi in open meeting and ofr record in its official minutes. EXECUTED this 2rd of Jaly 204  been authorized to do so Jly  day of aypeese  Signed By:  CWA  lias  Chairmen Cusseta-Chattahoochee County Bord of Commissioners  Date  Date  f  TLonlws dBs  Witness  Witness  Page 12 of 15    Exhibit A Residential Service  The Countys states that as oft the date of this Contract, there are 1300r residential units, ande each resident will utilize (1)9 95-gallon roll cart. The Contractor shall provide solid waste collection for residential customers to the County, one eachy week, for a minimum of: 1,300 residences. The rate for(1)95-gallon container willl be 3" perr month/per residence. Ife extra 95-gallon roll carts  are needed, they will be billed at thes same rate ofs14,00 per month.  Commercial Services  Commercial Services to be exclusive to hauler CONTRACTOR all commercial billing will be done by Example Rate: Ift the rate is $90.00 per monthi for dumpster service, the County willr receive a  CONTRACTOR 10% Rebate to the County on all dumpsters.  $9.00 franchise fee each month.  Page 13 of 15    AGREEMENT TO EXTEND CONTRACT FOR RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION: SERVICE  WHEREAS, the Unified Government of Cusseta-Chatahoochee County, a political subdivision of the State of Georgia, bya and through its Commission, hereinafter referred to as "County", and Company., hereinafter referred to as' "Company" or its successors, acting through its duly authorized officers, also being referred to as' "Contractor", entered into a Contract for  residential and commercial. solid waste. Collection service ont the  of  7  dayo sly 202/and  WHEREAS, said Contract commenced on the Taayd of Jaly L 20_74and  continued for a contract term of three (3) years; and WHEREAS, the parties adopted an Addendum to said contract on the WHEREAS, a copy of said Contract and Addendum are attached hereto; and WHEREAS, the partiès desire to extend their Contract and/ Addendum for an additional three  of 2 day  Duly  20h and  (3)years;  NOW THEREFORE, the premises considered, IT IS AGREED ASI FOLLOWS:  1.  The parties agree that the Contract and Addendum, attached hereto, shall be extended for an additional three (3) year term, commençing on the_ E dayof Spkmirol4amd continuing through and until oni the 314 day of Lhagust 2027  2.  The parties agree to! be bound bye each terma and condition. set forthi int the attached Contract and Addendum for thef fullt term set forthi in Paragraph: 1 herein, as ife each sucht term was set forth in this document. The terms set forthi int the attached Contract and Addendum are incorporated by  reference.  3.  Other thant the extension of thet term of the Contract and Addendum attached hereto, all othert terms  shall remain int fulli force and effect.  Page 140 of 15    ADDENDUM TO CONTRCT FOR RESIDETIAL AND COMMERCIAL SOLID WASTE AND COLLECTION SERVICE, EXCUTED ONI May 9, 2024 The Unified Government of Cusseta-Chattahoochee County  Between And Company  Addendum A1) BackDoor Service  To provide the Collection of roll out carts from as specified location not at the Collection Point, whether itb be inside out outside at fenced in area. Containing! Solid waste consisting of putrescible animal and vegetable waste materials resulting from the handling, preparation, cooking, and consumption off food, including waste materials from markets, storage facilities, handling and sale of produce and other farm product. This service is for residents who are physically unablet to transport their cartst to the Collection Point and have no one residing in their household able to transport their carts toi the Collection Point. Al list of Residents requiring this service willl be provided by  the Unified Government of Cusseta-Chattahoochee County, Georgia.  Page 15of 15    A Community Mental Hal/Deyelgpmental Disabilities /Addictive Diseases. Program  New  Administrative Offices  Horizons 2100 Comer. Avenue BchavioralHealth P.O. Box. 5328 Buiking Betbrolline Columbus, GA 31906  PHONE: (706)596-5500 FAX: (706)596-5589  June 21, 2024  Unified Government of Cusseta Chattahoochee County P.O. Box 299 Cusseta, Georgia 31805 Dear Sir/Madam:  Enclosed, please find the FY 2025, agreement between your commission and NEW HORIZONS BEHAVIORAL HEALTH for the provision of mental health and substance abuse services to the citizens ofChattahoochee County. The agreement amount of $2,508.00 is the same as FY For your convenience to close out the Fiscal Year 2024, you will find the most current invoice Please acknowledge your receipt and agreement with its stipulations by affixing your signature  2024'sagreed amount. included in this packet.  on the designated line. After completion, please return the original to:  New Horizons Community Service Board Attn: Andralescia Clark P.O. Box 5328 Columbus, GA 31906-0328  Ifyou have any questions regarding this agreement, please feel free to contact New Horizons'  Business Office, at (706) 596-5500 ext 5577.  Please make a copy for your files. Contract is due back as soon as possible.  Sincerely,  Andrea B. Winston Chief Executive Officer  Serving Residents ofChattahoochee, Clay, Harris, Muscogee, Quitman, Randolph, Stewart and Talbot Counties  For 24 Hour Emergency: Services Call (706). 323-0174 or Toll Free (800). 241-3659    A Community Mental Health/l Developmental. Disabilities /Addictive Diseases Program  New  Administrative Offices  Horizons 2100 Comer. Avenue BchavioralHeath P.O. Box. 5328 Buiking Beterclive Columbus, GA. 31906  PHONE: (706)596-5500 FAX: (706)596-5589  Attachment  AGREEMENT FOR MENTAL HEALTH SERVICES  Effective July 1, 2024, the NEW HORIZONS BEHAVIORAL HEALTH will provide Mental Health Services to residents of Chattahoochee County. Such services are to be provided at the Community Mental Health Center located in Columbus, or a local satellite, and will include: Child & Adolescent Mental Health Services, Adult Mental Health Services, Comprehensive Drug Abuse Services and Alcohol Abuse Services. For these services, the Unified Government of Cusseta will pay New Horizons Behavioral Health the sum of Two Thousand Five Hundred Eight Dollars and no/100 ($2,508.00), in monthly installments of Two Hundred  and Nine Dollars and no/100 ($209.00) per month.  This agreement will begin on July 1, 2024, and end on June 30, 2025.   Unified Government of Cusseta Chattahoochee County  1-3-304  Date  Apdo3. Wmator Andrea B. Winston, Chief Executive Officer NEWHORIZONS BEHAVIORAL HEALTH  June 21,2024 Date  Serving Residents fChattahoochee, Clay, Harris, Muscogee, Quitman, Randolph, Stewart and Talbot Counties  For. 24 Hour Emergency Services Call (706) 323-0174 or Toll Free (800). 241-3659    The BoarfofCommision  ofthez Unjfed@ovemment fCusteChatahoocie: County, Georgia  July2, 2024  PLEASE SIGN IN  SOTHATWE: MAY RECORDYOURATTENDANCE  bsua Abexrombe uic Smrth  21. 22. 23.. 24.. 25.. 26. 27. 28. 29.. 30. 31.. 32. 33-. 34. 35.. 36. 37. 38. 39.. 40.  3.. 4.. 5.. 6. 7-. 8. 9.. 10.. 11. 12.. 13.. 14.. 15. 16. 17.. 18. 19.. 20..    STATE OF GEORGIA COUNTY OF_Chattahoochee.  AFFIDAVIT OF ATENDING MEMBERS  Chharles Collury Member of the. Chattahoochee County Board of Commissioners, being duly sworn, states under oath that thef following is true and accurate to thel best of his/her knowledge and belief: The_Chattahooche County Board of commissioners meti inaduty advised meetingon  1.  July2_  2024  2. 3. 4.  During such meeting, thel Board voted to go into closed session. The executive session was called to order at 9:31 mp.m.  The subject matter of1 the closed portion of the meeting was devoted tot thet following matter(s) within the  exceptions providedi int the open meetings law:  Consultation with the county attorney or legal counsel to discuss pending or potential litigation, settlement, claims, administrative proceedings, or other judicial actions brought or to bel brought by or against the county or any officer or employee ori in which the county or any officer or employee may be Discussion oft tax matters made confidential by the: state law as provided by O.C.G.A. $50-14-2(2) and  directly involved as provided in O.C.G.A.S! 50-14-2(1)  (insert the citation toi the legal authority making the tax matter confidential).  Discussion or voting on  Authorizing a settlement as provided in O.C.G.A. 850-14-30D,A)  Authorizing negotiations to purchase, dispose of, or lease property as provided in O.C.G.A. $50-14-3  (b)(1)(B)  Authorizing an appraisal as provided in O.C.G.A. $50-14-3D)C)C)  Entering a contract for the purchase, disposal of, or lease property as provided in O.C.G.A. $50-14- Entering into an option to purchase, dispose of, orl lease property as providedi in O.C.G.A. $5 50-14-3 Discussion or deliberation on the appointment, employment, compensation, hiring, disciplinary action or dismissal, or periodic evaluation orr rating of a county officer or employee as providedi in Interviewing candidates for executive positions as provided in 0CGA.850-14-30)2,  3(b)(1)(D) (b)(1)(E)  O.C.G.A. $50-14-3(b)(2)    Other (describe the exemptioni to the open meetings law):  as provided in (insert the citation to the legal authontyexemptingtne  topic).  5.  During the course oft the closed session devoted to exempt topics, an incidental remark regarding a non-  exempt topic or an attempt to discuss a non-exempt topic was made.  The attempt was immediately ruled out of order and attempts to discuss same ceased immediately. the attempt wasi immediately ruled out. of order. However, the comments did not cease, so1 the closed/executive session was immediately adjourned without discussion or action beingt taken  regarding any non-exempt topic.  6.  Minutes were taken oft this meeting in accordance with OCGA150143012XC and will bet filled and help fori in  camera inspection only.  This_ afdayof Susy  29  County Manager  ER  Chairman Board Commissioners Ab 28  Sworn to and subscribed before mei this aaayot S  &0044 K NEE 97 OTARPT OcT.14,2025  OOCHEE  Commissioner Commissioner 36mmissioner  Notary Public MCommisifiyolint O ER GEORG      The Commission  ofthe nified Govermment fOustaChatafondie: County, Georgia 215 McNaughton St Cusseta, Georgia 31805 (706) 989-3602 Fax (706) 989-2005 lisa@ugoccc.com  Charles Coffey, Chairman Timothy Biddle, Vice Chairman Gerald Douglas Damon. Hoyte Jason Frost  Thomas Weaver, County Manager Lisa Bickel, County Clerk Bin Minter, County. Attorney  MINUTES PUBLICHEARING  July: 24, 2024 215 McNaughton St. PRESENT:  Chairman Coffey Vice-Chairman Biddle Commissioner Douglas Commissioner Hoyte Commissioner Frost  Thomas Weaver, County Manager Lisa) Bickel, County Clerk Bin Minter, County. Attorney  Chairman Coffey called the Public Hearing oft the Commission ofthe Unified Government ofCusseta- Chattahoochee County, Georgia to order at 6:00 p.m., with all other Commissioners present, and live  eaming on our Facebook page.  PUBLIC HEARING  CHAIRMAN COFFEY opened the Public Hearing and stated, it was applied: for on June 27th, all requirements have been met up tot this point. The propertyi is at 131 PineHill Rd, for. James Shulterbrondt, 1.35 acres, zoned Ri, proposed usedi is toj put a manufactured. home ont thel lot, at this time he called Mr.  Shulterbrondt and] he will be allowed to speak on his request.  Speaker. James Shulterbrondt: Stated his name and address 131 Pine Hill Rd, hei is following up on his request for his permit to put a manufactured home on his property. COMMISSIONER FROST asked ifhe currently had a camper and three sheds on his property, Mr. Shulterbrondt stated that is correct. COMMISSIONER HOYTE asked ifh he purchased the property from Mr. Kent, he stated thati is correct. COMMISSIONER HOYTE stated that property. has been approved before, and that the approval went to the next owner. CHAIRMAN COFFEY stated that is not correct, the approval does not stay with the property forever. COMMISSIONER BIDDLE made a motion to approve the permit, CHAIRMAN COFFEY stated the motion stands, but that it is on hold soi that we can see: if anyone else would like to speak. Mr. Shelterbrondts neighbor spoke for him to say that hel had no problem with him moving ai manufactured Beverly Riley stated she doesn't live in the area or know. James Shulterbrondt, shej just doesn'ta agree with five acres, shej just wanted to support him getting his permit. CHAIRMAN COFFEY state that is why we havet the conditional use permit process, sO the people can get ai manufactured home without five acres. OMMISSIONER FROST seconded the motion to approve the permit, CHAIRMAN COFFEY stated  home in.  typically, we close the hearing, and then we discuss the topic.  7.24.24 Public Hearing  1    Motion to adjourn the Public Hearing made By Commissioner Frost, Seconded by Commissioner Hoyte. The COMISSIONER BIDDLE: made the: motion to approve the permit, seconded by COMMISSIONER FROST. The vote was unanimous. Under the conditionsi it meets the standard requirements, septic, all oft that Motion made to amend the agenda madel by CHAIRMAN COFFEY, seconded by COMMISSIONER  vote was unanimous. itl has toj perk.  FROST. The vote was unanimous.  ADJOURNMENT  There being noi furtherbusiness to be conducted by and with the Commission oft the Unified Government of Cusseta-Chatt.hoochee County, Georgia, Chairman Coffey declared the Public Hearing oft the Board of  Commisiongpsadpumed. at 6:35 pm on Monday, July 24, 2024.  HARLESCOPFEY, CHAIRMAN a At TIMOTHY BIDDLE, VICE CHAIRMAN KKA Aarke GERAIP-BQUGLAS,COMMISSIONER DAMONI HOYTE, COMMISSIONER LAAR s  August 6, 2024 DATE APPROVED  Ihereby certify that the foregoing documentation, the Minutes oft the July 24, 2024, Public Hearing, was approved via majority votel by the Board of Commissioners ini its Aug. 6,2024 regular meeting.  ATTESTED BY:  A THOMAS WEAVER, COUNTYMANAGER UNIFIEDGOVERNMENTOF CUSSETA-CHATTAHOOCHEECOUNTY  Seal:  7.24.24 Publicl Hearing  2    The BoarfofCommision  oftfe Umfed@overment ofOusta-Chataioncie: County, Georgia  July 22, 2024 - Public Hearing 131 Pine Hilll Rd  PLEASE SIGN IN' TO SPEAK SOTHATWEN MAY RECORD YOUR. ATTENDANCE  1. Janes Shlhorbnndt ENaI TAwEs eety l4y  21. 22. 23. 24. 25. 26.. 27. 28. 29.. 30. 31., 32.. 33. 34.. 35.. 36. 37.. 38. 39.. 40.  2..  4.. 5.. 6.. 7.. 8. 9.. 10. 11. 12. 13.. 14.. 15.. 16. 17.. 18. 19.. 20.    The Commission  oftie Unifed Government ofOuscta-Chataiooie County, Georgia 215 McNaughton St Cusseta, Georgia 31805 (706)989-3602 Fax (706)989-2005 admin@ugocc.com  Charles Coffey, Chairman Timothy: Biddle, Vice Chairman Gerald Douglas Damon Hoyte Jason Frost  Thomas Weaver, County Manager Lisa Bickel, County Clerk Bin Minter, County. Attorney  MINUTES OFT THE MONTHLYWORKSESSION  July: 24, 2024 2151 McNaughton St. PRESENT:  Chairman Coffey Vice-Chairman Biddle Commissioner Douglas Commissioner Hoyte Commissioner Frost  Lisa Bickel, County Clerk Thomas Weaver, County Manager  Chairman Coffey called the Monthly Work Session oft the Commission ofthe Unified Government of Cisseta-Chatrahoochee County, Georgia to order at 9:00 a.m., with all other Commissioners present, and live  streaming on our Facebook page. COUNTYMANAGER UPDATES:  County Manager Weaver = most oft the department updates, didn't have many this month, recreation assisted with back-to-school bash, some registrations are going on. Community development, thereisa aj packet fori the Commission, biggest concern is the cost for euthanization foranimals, might startlooking: ati this soon. The water department had al big leak on Hwy 280, but they goti iti fixed. The only thing for publicv works, they The: following items were discussed as toi theirrelevance for appearance on the Aug 6, 2024, regular meeting Budget. Amendments to: stay on as a work session item, might be ready for August 6th meeting for voting item. CHAIRMAN COFFEY stated inl looking at thei first budget year ifwe continue, there were some raises given out, and ift they spend howt they are: spending they are going to go over budget. Iti isj just poors spending practices. COMMISSIONER FROST asked Ithought we] puti in for the cola raises, the COUNTY MANAGER replied he is speaking about an elected official, CHAIRMAN COFFEY was trying to keep it as more ofa a shot across thel bow, fori those listening, thel bottom linei is the very first month oft the year, common sense, ifyou see, you're going tol be overspent, it's not going tol be a good thing to come and ask for us for more money when you know, you're over spending on the first month, that's the point hei is trying to make. Itis  are trying to get caught up ont the roads and backfilling on the edges.  agenda:  almost. like al kicki in thei teeth.  Reappoint Walter Miller IDA - add to agenda as voting item. Reappoint Loul Beck to IDA = add to agenda as voting item.  7.24.24 Works Session  1    The BoarfofCommision July22, 2024 - Work Session PLEASE SIGN IN  ofthe UnifedGovenment dfOustaCiatafoncie: County, Georgia  SOTHATWE,MAY RECORD YOUR ATTENDANCE  21, 22. 23.. 24. 25. 26. 27.. 28. 29.. 30. 31. 32., 33.. 34.. 35.. 36., 37.. 38.. 39.. 40.  wochBukos  2. 3.. 4. 5.. 6. 7.. 8. 9. 10.. 11. 12.. 13.. 14.. 15.. 16., 17.. 18.. 19.. 20.    STATE OF GEORGIA COUNTYO.Chastanoctee  AFFIDAVIT OF ATENDING MEMBERS  _Charles Coffey_, Member of the_ Chattahoochee, County Board of Commissioners, being duly sworn, states under oath that thet following ist true and accurate to the best of his/her knowledge and belief: The_ Chattahoochee_ County Board of commissioners meti in a duty advised meeting on  1.  July22_  2024_  2. 3. 4.  During such meeting, the Board voted to goi into closed session. The executive session was called to order at 6135 a.m.dp.m  The subject matter of the closed portion of the meeting was devoted to thet following matter(s) within the  exceptions provided int the open meetings law:  Consultation with the county attorney or legal counsel to discuss pending or potential litigation, settlement, claims, administrative proceedings, or other judicial actions brought or tol bel brought by or against the county or any officer or employee ori in which the county or any officer or employee may be Discussion of taxi matters made confidential by the state law as provided by 0.C.G.A.850-14-22) and  directlyi involved as provided in O.C.G.A.S 50-14-2(1)  (insert the citation to the legal authoritymaking the taxi matterconfidential,  Discussion or voting on  Authorizing a settlement as provided in O.C.G.A. $50-14-3b)1)A)  Authorizing negotiations to purchase, dispose of, or lease property as provided in 0.C.G.A.550-14-3  (b)(1)(B)  Authorizing an appraisal as provided in O.C.G.A. $50-14-3b)1)C)  Entering a contract for the purchase, disposal of, or lease property as provided in O.C.G.A. S5 50-14- Enteringi into an option to purchase, dispose of, or lease property as provided in O.C.G.A. .S50-14-3 Discussion or deliberation on the appointment, employment, compensation, hiring, disciplinary action or dismissal, or periodic evaluation or rating of a county officer or employee as providedi in Interviewing candidates for executive positions as provided in 0.CGA.850-1430)2,  3(b)(1)(D) (b)(1)(E)  OCGA.850-14-300)    Other (describe the exemption to the open meetings law):.  as provided in (insert the citation to the legal authoritye exempting the  plo-PasGNAD,  litisation 5.  During the course oft the closed session devoted to exempt topics, an incidental remark regarding ar non-  exempt topic or an attempt to discuss a non-exempt topic was made.  The attempt was immediately ruled out of order and attempts to discuss same ceased immediately. the attempt was immediately ruled out of order. However, the comments did not cease, sO1 the closed/executive session wasi immediately: adjourned without discussion or action beingt taken  regarding any non-exempt topic.  6.  Minutes were taken of this meeting in accordance with OCGA15014301210 and will bet filled and help fori in  camera inspection only.  This àà dayof Sg  0004  1  Member  CHE  County Board Commissionèrs Ahb 32R  Sworn to and subscribed before met this aodayof  2034 TK A GEORGIA   Commissioner hpt Commissioner N  32  Notary Public My Commission O.  of L    4-HI Renewal & Request for More Funding = tol be added to agenda, request for more money: pending. COMMISSIONER FROST did inquire about thel level of] participation and would liket tol know more information with thes school. COUNTYI MANAGER WEAVER informed him we still fund our portion, and that he would reach out tot the. 4H coordinator and see what further research he can get. Conditional Use Permit Damon Hoyte 110 Stagecoach, Approve/Deny/Table) - tol be added to CHAIRMAN COFFEY stated the Commission has contacted Sanford Bishops office due toi the accident on Hwy 520, they are! looking into thei intersection to see what they can do to speed things along, they have reached out to COUNTY: MANAGER WEAVER and given him al let date of October, SO they should be breaking ground around thei first of the year. We are waiting for an answer on maybe lowering the speed limit  agenda.  as well.  EXECUTIVESISSION:  AI Motion wasi made to gointo executive session at 6:35 p.m. Commissioner Frost made the Motion, seconded by Commissioner Douglas. The vote to enter executive session was unanimous.  Regular meeting reconvened:  The regular meeting reconvened at 7:53 p.m. Chairman Coffey made the statement that the subjects discussed during the closed meetings were within the legal exceptions toi the open meetings law and that no votes were cast within the session. Subjects discussed were. legal matters, personnel and litigation.  7.24.24 Work Session  2    ADJOURNMENT  There being noi furtherl business to be conducted' by and with the Commission oft the Unified Government of Cusseta-Chattahoochee County, Georgia, Chairman Coffey declared the Monday Work Session of the Board of  Commissioners: adjourned at 7:55 pm on Monday, July: 24, 2024.  CL CHARLES COFFEY,CHAFRMAN    TIMOTHY BIDDLE, VICECHAIRMAN MnE &h GEANDIDNAIASCTISONA DAMONHOYTE, COMMISSIONER  -  COMMISSIONER  JASONI FROST,  Aug 6. 2024 DATEAPPROVED  Ihereby certify that the foregoing documentation, the Minutes oft the July: 24, 2024, Work Session, was approved via majority vote by the Board of Commissioners ini its Aug 6, 2024, regular meeting.  ATTESTED BY:  LA THOMAS WEAVER, COUNTYN MANAGER UNIFIED GOVERNMENTOF CUSSETA-CHATTAHOOCHEECOUNTY  Seal:  6600  7.24.24 Work Session  3