BALDWIN COUNTY REGULAR SESSION October 1, 2024 1601 N Columbia St, Suite 220 6:00 PM  MINUTES  MEMBERS PRESENT John Westmoreland Kendrick Butts Henry Craig Emily Davis Sammy Hall OTHERS PRESENT Brandon Palmer Carlos Tobar Dawn Hudson Cindy Cunningham Bol Danuser CALL TOORDER 6:00 INVOCATION  Chairman John Westmoreland called the October 1, 2024 Regular Meeting to order at  The Invocation was delivered by County Manager Carlos Tobar. The Pledge of Allegiance was led by Commissioner Emily Davis.  PLEDGE OF ALLEGIANCE PRESENTATIONS Presentation of Appreciation  Chairman John Westmoreland presented a Certificate of Recognition to Mr. Tom Glover for his dedication and efforts of improving recreational choices for citizens by bringing together resources necessary for the creation of a multi-functional trail at Walter B.  Williams, Jr. Park. Recognition of County Staff  Chairman Westmoreland, on behalf of the Board, expressed appreciation to Baldwin County staff who worked diligently to assist Baldwin County, surrounding counties and  those displaced by the recent hurricane. AMENDMENT TO AGENDA  Commissioner Sammy Hall made a motion to amend the Agenda to include minutes from the September 30, 2024 Public Hearing, Called Meeting and Work Session. Commissioner Henry Craig seconded the motion and it passed unanimously.    APPROVAL OF MINUTES  Commissioner Emily Davis made a motion to approve the minutes oft the September 17, 2024 Public Hearing, Called Meeting, Executive Sessions, Public Hearing and Regular Meeting, and the September 30, 2024 Public Hearing, Called Meeting and Work Session. Vice Chairman Kendrick Butts secondedi the motion and itp passed  unanimously.  ADMINSTRATVEFSCAL MATTERS Airport Capital Improvement Plan  County Manager Carlos Tobar presented the Airport Capital Improvement Plan (CIP) for FY26-FY30. He stated that the Environmental Assessment is currently being done fort the lower ramp and apron expansion, and nothing can be done until this assessment is complete. He reported he anticipates the Public Hearings will be held in December. He stated the County requested that the. Airport consultant conduct a drainage study to evaluate the entire Airport. Al Disadvantaged Business Enterprise update, which is a federal requirement, willl be done for the year FY24 - FY26. Mr. Tobar reported that a modification of the Standard Study for the parallel taxiway separation will be conducted tos see ift the runway would need tol be moved south by twenty feet. The study will be submitted to GDOT and FAA1 fort their determination as whether the runway would need to be moved. The projects listed fori future years are simply placeholders in the CIP Commissioner Henry Craig made a motion to approve the Airport Capital Improvement Chairman John Westmoreland stated a citizen has signed up to speak on this item. Ms. Joan Crumpler, 237 Lakeshore Circle, stated she would like clarification on the reference to "apron" expansion in FY: 29 and FY 30 projects. She also stated the five- year CIP as presented would put taxpayers on the hook for $1.5 million dollars. County Manager Tobar stated the only firm numbers are for the first two years. FY 2025 has ar match of $22,505.80: and FY 2026 has a match of $42,750. County Manager Tobar requested that Airport Advisory Committee Chairman Jim Wolfgang respond to the question regarding the' "apron" shown in FY: 29 and FY30 Mr. Wolfgang stated GDOT and FAA periodically conduct a study to look at runway, taxiway and apron. The apron where the planes are parked eastward was done in 1985/1986, is very old and will not meet standards. He reported the runway is in good condition. He stated the CIP is a vision/planning tool, andi ifa project is not on the CIP Ms. Crumpler asked that the County look at proportional numbers and see what airport Commissioner Henry Craig restated his motion to approve the Capital Improvement Plan as presented. Vice Chairman Kendrick Butts seconded the motion and it passed Commissioner Henry Craig stressed thei importance of the Airport not only to Baldwin County but to the entire country. He stated the Regional airport is the only airport open that can serve as landing and transporting to devasted areas, and itis part of the federal County Manager Tobar reported the ProHousing grant application is now available on the County's website. He presented a Resolution authorizing the execution and  until the County receives results of the Environmental Assessment.  Plan as presented.  projects.  itwill not bei funded. is doing fori the community;  unanimously.  transportation system.  Resolution for Submission of ProHousing Grant Application  2    submission of al FY2024 HUD Pathways tol Removing Obstaçles to Housing Vice Chairman Kendrick Butts made ar motion to approve the Resolution for submission oft the ProHousing grant application as presented. Commissioner Henry Craig Commissioner Sammy Hall stated he opposed the submission oft the application. He said he did not want to approve submission of an application until the Board had more information. Hes stated application preparation will cost $9,000.00; waiver of water/ sewer connection fees, building permit fees and building inspection fees for the ten houses will costi in excess of $46,000; donation of three pieces of property and waiving all legal and associated costs with this donation will also be costs to the County. Mr. Hall also stated the County is in the process of adopting new Land Use Codes and Chairman John Westmoreland called for a vote on the adoption of the Resolution authorizing the submission of a ProHousing grant application. The motion passed by  (ProHousing) grant application. seconded the motion.  asked ift these houses will conform to the new requirements.  the following vote: Aye: Butts, Craig, Davis pages 30Dand 30!  Nay: Hall, Westmoreland  Acopy ofthe Resolution is herewith attached and made an official part of the minutes at  Resolution for DNR Land & Water Conservation Project  County Manager Carlos Tobar presented a Resolution authorizing the execution and delivery of a Department of Natural Resources Land and' Water Conservation Fund project agreement and authorizing the execution and delivery of required documents necessary to consummate transactions contemplated by the Agreement. Commissioner Sammy Hall made a motion to adopt the Resolution as presented. Commissioner Henry Craig seconded the motion and it passed unanimously. Acopy of the Resolution is herewith attached and made an official part of the minutes at  pages 300a and 301. Section 5311Transit Program  Assistant County Manager Dawn Hudson presented: a Resolution for the Board's consideration for the renewal application of the Section 5311 Rural Transportation program. She reported all legal requirements for advertising have been met, and the Resolution states the County will comply with all federal certifications and assurances Ms. Hudson stated the program has been operating in Baldwin County for twenty plus years to meet public transportation needs of all citizens who wanti to use the service. She reported the program is managed through the County Fire Department during the hours of7:00 a.m. until6 6:00 p.m.at a cost per ride of $2.00. She stated the total operating budget for. July 2025- - June 2026 is $263,215 which will be shared 50/50 between the Department of Transportation and the County. She said the County's share of $131,607 will bei includedi in the 2025 and 2026 budgets and will be offset by Commissioner Emily Davis made a motion to adopt the Resolution and to authorize the Chairman to sign all related documents. Vice Chairman Kendrick Butts seconded the Commissioner Hall stated he has never supported this program. Hei is not opposed toa transportation program that provides a valuable service to the citizens of Baldwin County; however, the cost to provide the service is $21.00 per trip and the County only charges $2.00 per ride. He stated he felt the program should charge more per trip and  for federal assistance.  fare revenue expected to be approximately $18,000.  motion.  get morel busses to make the program more efficient.    Chairman John Westmoreland called for a vote on the motion to adopt the Resolution  as presented and it passed by the following vote: Aye: Davis, Butts, Craig, Westmoreland pages302 and, 303  Nay: Hall  Ac copy oft the Resolution is herewith attached and made an official part of the minutes at Ms. Hudson reported the County has received a capital grant under the Georgia DOT Transit Trust Fund for FY 2025 int the amount of $85,401 which will be used for paving int front and around the shed at the Hardwick Fire Station where transit vehicles are Vice Chairman Kendrick Butts made ar motion to approve the grant from the GDOT Transit Trust Fund int the amount of $85,401 as presented. Commissioner Emily Davis  kept.  seconded the motion and it passed unanimously.  Real Time Crime Center Bids  County Manager Carlos Tobar presented a bid1 tabulation for construction of the Real Time Crime Center. He stated two bids were reçeived - Renfroe Construction, Macon, in the amount of $368,035 and Dyer Construction, Milledgeville, in the amount of $339,045. Mr. Tobar recommended awarding the bid to low bidder, Dyer Construction, Sheriff Bill Massee expressed his appreciation to the Board for their support in providing at truly state of art 911 center /real time crime center to tiei ini flock cameras, cameras of businesses and residences. He stated this willl be a collaboration between law enforcement, government, colleges, business and residential areas. Commissioner Henry Craig made a motion to award the bid to low bidder, Dyer Construction, in the amount of $339,045. Commissioner Emily Davis seconded the  int the amount of $339,045.  motion andi it passed unanimously.  OLDI BUSINESS  County Attorney Brandon Palmer stated that at a previous meeting the Board asked him to develop an Agreement for provision of concessions at the Recreation Department. He reported the County agrees to provide the operator a license to enter and to utilize the existing concession facilities at Walter B. Williams in exchange for provision of concessions. The Agreement willl begin October 1, 2024 and end December 31, 2024. The operator agrees to pay the County ten percent of the monthly gross proceeds less sales taxp paid during the months that recreation league activities are held at the Highway 22 and Highway 212 fields. Mr. Palmer discussed the general terms and Commissioner Sammy Hall made a motion to approve the Agreement for Concessions as presented. Commissioner Henry Craig seconded the motion and it passed by the  conditions of the Agreement  following vote:  Aye: Craig, Hall, Westmoreland atp pages308 and, 303 NEW BUSINESS  Nay: Butts, Davis  Acopy of the Agreement is herewith attached and made an official part of the minutes  There was no New Business to come before the Board.  COUNTY MANAGER'S REPORT  County Manager Carlos Tobar presented an update on County projects to include:2024 CDBG, road resurfacing, Real Time Crime Center, water park/aquatic center,    Harrisburg streetscape, rain garden at Coopers Park, broadband grant, 2022 CHIP Commissioner Emily Davis requested an update on the application process for the 2024 Vice Chairman Kendrick Butts requested an update on the timeline for the Harrisburg Chairman John Westmoreland requested an update on the aquatic center policies/ procedures and estimated number of employees that will be needed. PUBLIC COMMENT PERIOD FOR NON-AGENDA ITEMS  grant, GICH graduation and district based land use.  CHIP award. Streetscape project.  Andrew Strickland, 249 W Lakeview Drive, expressed appreciation for the community efforts to assist those who have been impacted by Helene. He stated he would like to thank all the individuals, businesses, County employees, firefighters, EMA Director, public safety, and law enforcement who came together, donated goods and volunteered Desiree Liggins, 127 Sydney Butts Road, addressed the Board regarding the condition  during this time. of Sydney Butts Road. EXECUTIVE SESSION  Vice Chairman Kendrick Butts made ar motion to adjourn into Executive Session at 6:55 p.m. to discuss personnel and litigation. Commissioner Emily Davis seconded the  motion andi itp passed unanimously. RECONVENE REGULAR MEETING  Commissioner Henry Craig made ar motion to reconvene the Regular Meeting at 7:43 p.m. Commissioner Emily Davis seconded the motion and it passed unanimously. Commissioner Henry Craig made ar motion to adjourn the Regular Meeting at 7:45p p.m. Commissioner Emily Davis seconded the motion andi it passed unanimously.  ADJOURNMENT  Respectfully submitted, AALAP  Chairman  Cynthia Cunningham County Clerk  -39    A RESOLUTION TO AUTHORIZE THE EXECUTION AND SUBMISSION OF AN APPLICATION FOR A FY2024 UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PATHWAYS TO REMOVING OBSTACLES TO HOUSING GRANT; AUTHORIZE THE EXECUTION AND DELIVERY OF DOCUMENTS REQUIRED IN CONNECTION THEREWITH; AUTHORIZE THE TAKING OF ALL ACTIONS NECESSARY TO SUBMISSION OF THE  APPLICATION; ANDI FOR OTHER PURPOSES.  WHEREAS, Baldwin County (the "County") is a duly formed political subdivision of the State of WHEREAS, the United States Department of Housing and Urban Development (HUD) has established the Pathways to Removing Obstacles to Housing (Pro Housing) competition to assist cities and counties in WHEREAS, there exists in Baldwin County an acute need for affordable housing to households with WHEREAS Baldwin County has been identified as a high priority geographic area on the HUD Pro WHEREAS, the Board of Commissioners of Baldwin County has determined that it is in the public interest and welfare of the County and the citizens of the County that the County apply for a HUD Pro Housing grant in the amount of $1.577 million to build ten (10) new affordable homes to be constructed by Habitat for Humanity of Milledgevlle/Baldwin County, Georgia Inc. through an agreement with Macon Area Habitat for WHEREAS, the construction of affordable houses is in conformance with Baldwin County's Comprehensive Plan and Urban Redevelopment Plan and is not inconsistent with the Baldwin County Service NOWTHEREFORE, BEITI RESOLVED by thel BoardofCommisioners of Baldwin County, Georgia, and it is hereby resolved by authority of the same, that Baldwin County hereby supports and approves the BE IT FURTHER RESOLVED that the County will use grant funds awarded to build ten (10) new affordable homes to be constructed by Habitat for Humanity of Milledgevile/Baldwin County, Georgia Inc. BE IT FURTHER RESOLVED that Baldwin County commits to the $9,000 grant writing fees BE IT FURTHER RESOLVED that Baldwin County commits to donating three parcels of land, with street addresses of 1650, 1660 and 1670 Vinson Highway, Milledgeville, Georgia 31061 for the purpose of BEITI FURTHER RESOLVED that the County commits to waiving all legal and associated costs with  Georgia;  identifying and removing barriers to affordable housing through production and preservation;  incomes below 100 percent oft the area median income;  Housing priority geography map;  Humanity, Inc; Delivery Strategy;  submission of the application for a$ $1.577 million FY2024 HUD PROI Housing grant;  through an agreement with Macon Area Habitat for Humanity, Inc; associated with the FY 2024 HUDI Pro Housing grant application;  building three (3) oft the ten (10) affordable houses;  the donation of these three lots;    BEITFURTHER RESOLVED that Baldwin County commits to waiving water and sewer connection BEI IT FURTHER RESOLVED that the Board of Commissioners hereby authorizes and directs the County Manager to act as the official representative of Baldwin County, to act in connection with the application, tob bei responsible for compliance with the applicable state and federal requirements ofthe program, and to provide BEITFURTHER RESOLVED thatt thel Board ofCommissioners: hereby authorizes the County Manager tos sign and execute the FY2024 HUD PRO Housing grant application on behalf of the County. The Board of Commissioners hereby further authorizes the County Manager to execute and deliver the FY2024 HUD PRO Housing grant application on the County's behalf, as well as any related documents, necessary to the BE IT FURTHER RESOLVED that the County Manager shall be authorized to take any other action necessary or reasonably required to carry out, give effect to, and consummate the transactions contemplated by the FY20241 HUDI PROI Housing grant application and to take all action necessary in conformity therewith. BE IT FURTHER RESOLVED that the houses will be built in Qualified Census Tract 9707.02, a historically disadvantaged community and area of persistent poverty which Baldwin County has targeted for BEITFURTHER RESOLVED that a true and dedicated commitment has been made to the project for the successful completion of the above improvements for the citizens, especially the low-to-moderate income  fees, building permit fees, and building inspection fees for the ten (10) affordable homes to be built;  such additional information as may be required in connection with the application;  consummation of the transactions contemplated by the application.  revitalization; citizens;  BEITFURTHER RESOLVED, as follows:  1. Incorporation of Recitals. The above stated recitals are true and correct and are incorporated as though 2. Actions Ratified, Approved and Confirmed. The signatures ini the HUD Pro Housing grant application from the County Manager evidence the adoption by the Governing Body of this Resolution. 3. Severability. In case any one or more of the provisions of this resolution shall for any reason be held to bei illegal ori invalid, such illegality ori invalidity shall not affect any other provision oft this resolution, but thisr resolution shall bec construed: ande enforced: asi ifsuchi illegal ori invalid provision hadi not beeno contained 4. Repeal ofConflicting Resolutions. Any anda all resolutions in conflict with this resolution this day passed  fully set forthl herein.  herein.  be and they are hereby repealed.  5. Effective Date. This Resolution shall take effect immediately upon its adoption.  sO RESOLVED, this Ist day of October, 2024.  [SIGNATURE PAGE FOLLOWS]    BAIDWNCOUNIY,CEOPGA AH Chair, Baldwin County Board of Commissioners Gathsipian  John H. ATTEST:  Westmoreland  K. Cyrthia Cunninghàm Baldwin County Clerk  BOARD SEAL OF BALDWIN COUNTY GEORGIA  DATE ADOPTED 10-1afs    A RESOLUTION TO AUTHORIZE THE EXECUTION AND DELIVERY OF A DEPARTMENT OF NATURAL RESOURCES LAND AND WATER CONSERVATION FUNDI PROJECTAGREEMENI;. AUTHORIZETHE: EXECUTIONANDDELIVERYOF DOCUMENTS REQUIRED IN CONNECTION THEREWITH; AUTHORIZE THE TAKING OF ALL ACTIONS NECESSARY TO THE CONSUMMATION OF THE  AGREEMENT;. ANDI FOR OTHIER. PURPOSES. Applicant: Baldwin County Project Number: 13-01074 (P24AP01796)  WITNESSETH:  WHEREAS, Baldwin County (the "County") is a duly formed political subdivision of WHEREAS, thel Board ofCommissioners ("Board")! has approved laj public works project WHEREAS, the County has applied for funding from the Department of Natural WHEREAS, the Board has exercised its sound judgment and discretion and determined that iti is in the public interest and welfare of the County and the citizens of the County that the Board adopt the Department of! Natural Resources Land and Water Conservation Fund Project Agreement ("Agreement"),ac copy of which is attached hereto as Exhibit"A"; and County, Georgia, andi iti is hereby resolved by authority oft the same, as follows:  the State ofGeorgia;  int the form ofconstructing ai new aquatic center; Resources Land and Water Conservation Fund;  NOW, THEREFORE, BEI IT RESOLVED by the Board of Commissioners of Baldwin 1. Incorporation of Recitals. The above stated recitals are true and correct and are 2. Acceptance of Agreement. The County hereby approves the Agreement attached 3. Authorization of the Chairman and County Manager. Thel Board ofCommissioners hereby authorizes the Chairman to sign and execute the Agreement on behalf of the County. Thel Board of Commissioners hereby further authorizes the County Manager to execute and deliver the Agreement on the County's behalf, and any related documents, necessary to the consummation of the transactions contemplated by the Other Actions Authorized. The County Manager shalll be authorized tot take any other action necessary or reasonably required to carry out, give effect to and consummate the transactions contemplated by the Agreement and to take all action necessary in  incorporated ast though fully set forth herein.  hereto asl Exhibit"A."  Agreement.  conformity therewith.    5. Actions Ratified, Approved and Confirmed. The signatures in the Agreement from the Chairman fort thel Board ofCommissioners evidence the adoption by the Governing Severability. In case any one or more of1 the provisions oft this resolution shall for any reason be held to bei illegal or invalid, suchi illegality or invalidity shall not affect any other provision ofthis resolution, but this resolution shall be construed and enforced as 7. Repeal of Conflicting Resolutions. Any and all resolutions in conflict with this . Effective Date. This Resolution shall take effect immediately upon its adoption.  Body oft this Resolution.  ifsuchi illegal ori invalid provision had not been contained herein. resolution this day passed be and they are hereby repealed.  sOI RESOLVED, this L day of October, 2024.  BALDWIN COUNTY, GEORGIA GAAWLR john H. Westmoréland Chair, Baldwin County Board of Commissioners  ATTEST:  Crlinl unigen DATE. ADOPTED 10-1-343 COUNTY  Cyntbia K. Cunningham Baldwin County Clerk  SEAL OF BALDWIN GEORGIA vg  2    RESOLUTION. AUTHORIZING THE FILING OF AN APPLICATION WITHT THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, AND GEORGIAI DEPARTMENT OF TRANSPORTATION, FOR A GRANT UNDER TITLE 49U.S.C., SECTION! 5311. tor make grants tor non-urbanized (rural) areas forr mass transportation projects; and  WHEREAS, the Federal Transit Administration and the Georgia Department of Transportation: are authorized WHEREAS, the contracti fort financial assistance will impose certain obligations upon Applicant, including the WHEREAS, itis required by the United States Department of Transportation and the Georgia Department of Transportation ina accordance with the provisions of Title VIc oft the Civil Rights Act of1 1964, that in connection witht thei filing ofa an applicationi for assistance undert the Federal" Transit Act, the applicant gives ana assurance thati itv will comply with Title VId oft the Civil Rights Act of1 1964 and the United States Department of WHEREAS, itis the goal oft the Applicant that Minority Business Enterprise (Disadvantaged Business Enterprise and' Women's Business Enterprise) be utilizedt tot thet fullest extent possible in connection with this project, and that definitive procedures shall be established and administered to ensure that minority business shall have the maximumi feasible opportunity to compete for contracts and purchase orders when procuring construction  provision oft the local share ofp project costs; and  Transportation requirements thereunder; and  contracts, supplies, equipment contracts, or consultant and others services. NOW THEREFORE, BEI IT RESOLVEDI BY Baldwin County  hereinafter referred to  ast the "Applicant",  1. Thatt thel Designated Official, Chair  hereinafter referred to ast the' "Official, is  authorized to execute and file an application on behalfof Baldwin County Transit  with the  Georgia Department of Transportation, to aidi in1 the purchase of bus transit vehicles and/or the planning, development, and construction oft bus transit-related facilities pursuant to Section 5311 oft the Federal 2. Thatt the Official isa authorized toe execute andi file such application and assurances, or any other document required by the U.S. Department ofl Transportation: and the Georgia Department ofT Transportation 3. That the Official isa authorized toe execute and file all other standard assurances, or any other document required by the Georgia Department ofl Transportation or the U.S. Department ofT Transportationi in That the Official is authorized to execute grant contract agreements on behalf oft the Applicant with the 5. Thatt the Official isa authorized tos setf forth and execute Minority Business Enterprise, DBE (Disadvantaged Business Enterprise)a and' WBE (Women Business Enterprise) policies and procedures inc connection with  TransitAct.  effectuating the purpose ofTitle VId oft the Civil Rights Act of1 1964. connection with the appliçation for public transportation assistance.  Georgia Department ofT Transportation. the project's procurement needs as applicable.    6. Thatt the applicant whiler making application to or receiving grants from the Federal Transit Administration will comply with FTA Circular 9040.1 1G, FTA Certifiçations and Assurances for Federal. Assistance 2024a as listedi int this granta application and General Operating Guidelines asi illustrated int the Georgia State 7. That the applicant has or willl have available int the General Fund the required non-federal funds tor meet  Management Plan.  locals share requirements fort this grant appliçation. APPROVED. AND ADOPTED this. / day of  Bebbues  Signatule of Authorized Official John Westmoreland Name and Title ofA Authorized Official  AAWLD  Signed, sealed, and delivered this.  of Layd  2024i int the  of presence  Dutobre  RADS NOTARY . PUBLIC s Jnun oal COUNTI.  Witness  ROde Notary Public/Notary Seal  CERTIFICATE Dabu  The undersigned duly qualified anda acting. Causiy Luke  Baldwin County (Title of Certifying/Attesting Official)(Applicants Legall Name) certifies that thei foregoing  cprrect cgpy ofar resolution adopted atal legally convened meeting! held on  2024.  SOARD OF SEAL OF BALDWIN COUNTY GEORGIA lva  g  Dallub Titled of Certifyinglttesting' Officer    AGREEMENT FOR CONCESSION STAND OPERATOR Baldwin County Recreation Department Highway 22 and Highway 212 Concession Stands  This agreement ("Agreement"), made and entered into this Ist day ofOctober, 2024 by and between Baldwin County, Georgia, (hereinafter called the "County") and OUTOPTHEPARKINFOLLC (hereinafter called "Operator"), whol have been duly authorized to  execute this Agreement:  WITNESSETH:  WHEREAS, the County is the owner of the Baldwin County Recreation Department facilities and fields atl Highway 22 and Highway 212, upon which are located concession stands ("Concession Facilities") used for the sale of concessions to the users of the recreation fields and WHEREAS, the County has determined that the most feasible method of providing concessions for these facilities is by contracting the same to one operator under the terms and WHEREAS, the County desires tol have concession services provided for thel Highway 22 and] Highway 212 Concession Facilities and Operator desires and agrees toi furnish and deliver and toj perform all the work and labor for the purposes stated in this Agreement. NOW THEREFORE, for and in consideration of the premises, the mutual covenants herein contained. and the sum of one dollar ($1.00) by each oft the parties to the other in handj paid, the receipt whereofisk hereby acknowledged, the parties hereto agree as follows: A. Description. The County agrees to provide to Operator a license to enter into and utilize the existing Concession Facilities, at Highway 22 and Highway 212, in exchange for the services and consideration provided for herein. Operator shall perform the services and conditions stated herein in strict and entire conformity with the provisions of this B. Term. The term of this Agreement shall begin on October 1, 2024 and end on December ( Contract Amount. Operator shall payt to the County ten percent (10%) ofi fitsr monthly gross proceeds less sales taxes paid, derived fromi its use of the Concession Facilities, during the months thati recreation! league: activities arel held att thel Highway 22 andl Highway 2121 fields. All payments and supporting documentation on the total sales for each location shall be due tot the County on or before the 15th day ofe each month following the month of usage. Monies should be made payable to the Baldwin County Board of commissioners and  facilities;  conditions hereinafter defined; and  Agreement. 31,2024.  1    delivered to the Baldwin County Board of Commissioners' office at 1601 N. Columbia St., Suite 230, Milledgeville, Georgia 31061. Withi its monthly payment, Operator shallj provide tot the County its monthly reporting of gross sales from a Square.com POS system andi ina  format which will reflect cash sales. D. General Terms and Conditions:  1. Concession operations shalll be: available for all events played ata any ofther recreation fields or facilities at Highway 22 and Highway 212, toi include recreational leagues as well as travel /competitive sport tournaments, unless excepted with prior written approval by the Director of the Baldwin County Recreation Department. This will include opening on Saturday and Sunday for these events ift there are three (3) or more teams present. This is toi include scheduled practices as well as games and tournaments. Concession operations must be open prior to starting hours and remain open through the scheduled event. The County shall provide schedules of activities to Operator ands strive toj provide all necessary schedule changes to Operator atl least seventy-two (72) hours in advance of thes scheduled event.. All changes should be coordinated through the Recreation Department Director. 2. Operator shall offer ai menu ofi freshly prepared hot and cold foods considered appropriate for a concession stand on game days and nights. The menu options shall be offered and 3. Operator shall accept all major credit cards (Visa, Mastercard,. American Express) as ai form 4. Operator shall maintain the Concession Facilities in a clean, smoke-free, and orderly manner. Operator shall return the Concession Facilities to the County in good condition, normal wear and tear excepted. Operator shall not be responsible for the cleanliness of the 5. Operator shall provide adequate staff to ensure a pleasant experience for all visitors. The County shall not bei responsible for providing any staffing to assist Operator. 5. Operator shall perform all services provided for bereini in aj prompt and courteous: manner. 7. Operator shall provide the County with a copy of any and all contracts between Operator 3. Operator shall accept liability and legal responsibility for all ofi its members, employees, representatives, and agents who act on behalf of Operator. No member, employee,  pricedi ina accordançe with "Exhibit A" attached hereto.  of payment at all facilities.  area ori facilities outside oft the Concession Facilities.  and any applicable vendors for all food and drink sales.  2    representative, or agent of Operator who has pled guilty to or been convicted ofai felony, misdemeanor involving family violence, or any crime where a minor was the victim, shall 9. The County makes no promises or representations as to the condition of the Concession Facilities. In no event shall the County be responsible or liable to Operator or any ofi its members, employees, representatives, or agents for any business loss, personal injury, or other damage, injury, or loss that the Operator may sustain for any reason, including, but notl limited to, any acts or war or terrorism, civil or military disturbances, nuclear or1 natural catastrophes or acts of God, loss or malfunctions ofutilities, communications or computer services, vandalism, any criminal act, or other circumstances affecting the condition or 10. Operator shall not make any alterations, additions, or improvements to the Concession Facilities without the express written permission of the County Manager. 11. Operator shall bei responsible: for any and all repairs or replacement of equipment currently inj place. Any equipment purchased and/or provided by the Operator shall be and remain property of the Operator. All equipment currently inj place in the Concession Facilities is and shall remain the property of the County. A list of equipment being put in place by Operator shall be: submitted tot the County Manager ofl Baldwin County. 12. Operator agrees to coordinate all activities, schedule changes, "Opening Day" activities, or other concerns through the Recreation Department Director. 13.T The work shall be carried through to completion without unreasonable delay and without suspension of work unless authorized in writing by the County Manager of Baldwin 14.0 Operator shall provide the services and obligations under this Agreement in accordance witht thel laws oft thel United States of America and the State ofGeorgia, thel Baldwin County Code of Ordinances, and all Baldwin County Recreation Department policies and rules. Additionally, Operator shall follow all Health Department rules and regulations for concession operations. Operator shall also comply with all regulations concering licensing, sales tax and other applicable local, state and federal requirements. 15. Operator shall be responsible forr responding tot the alarm company for any activated  enter upon thej premises of the Concession Facilities.  availability of the Concession Facilities.  County.  alarm within the Concessionl Facilities.  3    16. Operator shall provide the services contemplated by this Agreement under the supervision 17.0 Operator shall at all times during the term of this Agreement maintain in fulli force and effect Employer'sLiability, Workmen's Compensation, Public Liability andl Property Damage insurance, including contractual liability coverage required for compliance with Federal, State, andl local licensing requirements. All insurance shall be byi insurers and for policy limits acceptable to the County. Upon execution of this Agreement, Operator agrees tof furnish the County with a certificate or certificates proving that suchi insurance isin force. The certificate shall contain the following express obligation: "Thisisto certify the policies ofi insurance for whom this certificate is executed and are ini force at this time.) Int the event of cancellation or material changei in a policy affecting the certificate holder, thirty (30) days' prior written notice willl be given to the certificate holder." Fort thej purpose oft this Agreement, Operator shall carry the following types of  and to the entires satisfaction of the County.  insurancei in atl least the limits specified below:  Coverage Worker's Compensation Employer's) Liability Bodily Injury Liability Except Automobile Property Damage Liability Except Automobile Automobile Bodily injury Excess Umbrella Liability  Limits ofLiability Statutory $1,000,000 each occurrence $1,000,000 each occurrence $1,000,000 each occurrence $1,000,000 each $3,000,000 each occurrence  &Property Damagel Liability occurrence  Thei insurance policy or policies shall name the County as an additional insured. 18. This Agreement may not be assigned, modified, or amended, in whole ori inj part, except as otherwise provided herein or by the written consent of the parties hereto. 19. Operator shall not hire any subcontractor or any person or entity not a part of Operator without the express written permission of the Director of the Baldwin County Recreation  Department  4    20. Should Operator violate any term or provision of this Agreement, and fail to remedy the same within ten (10) days' notice after default, the County may immediately terminate this 21.This Agreement may be terminated by either party for any reason by giving at] least thirty 22. Notice! pursuant tot this Agreement shall be given by certified mail, return receipt requested  Agreement.  (30) days' advance written notice to the other party. or statutory overnight delivery, addressed as follows:  COUNTY:  Baldwin County, Georgia Attn: County Manager 1601 N. Columbia St., Milledgeville, GA31061 OUTOPTIEPARKINPOLIC 40394 475 Industrial Blvd Macon, GA31210  OPERATOR:  23. Any rights created by this Agreement are contractual rights. This Agreement does not create and shall notl be construed to create or convey any property interest to Operator, including any covenant, easement or servitude, in the real property oft the County. 24.1 Indemnification. Operator agrees toi indemnify, defend, and! hold the County harmless from and against any and all third party losses, damages, judgments, interest, settlements, penalties, fines, court costs, demands, costs, expenses, or liabilities, including reasonable attorneys' fees, (collectively, "Damages") that arise from, relate to, or are in any way connected to, Operator's breach of this Agreement, Operator's use of the Concession Facilities, or which relate to: any act or omission undertaken or caused by the Operator, its 25. Merger. This Agreement and the Exhibits attached hereto constitute the full and complete agreement among the parties hereto, with respect to all matters contained herein; and evidence of any prior or contemporaneous oral agreement or understanding shall be 26. No Third Party Beneficiaries. There are not third party beneficiaries of this Agreement and nothing in this Agreement, express or implied, isi intended to confer on any person other than the parties hereto (and their respective successors ini interest and permitted assigns), 27. Binding Effect. This Agreement shall be binding on the County and Operator, as well as  members, employees, representatives, or agents.  inadmissible tot take from, add to, or alter the terms of this Agreement.  any rights, remedies, obligations or liabilities. their assigns ands successors ini interest.  5    28. Governing Law." Thel laws oft the State of Georgia shall govern the validity, interpretation, 29. Dispute Resolution. In the event any dispute arises concerning performance or nonperformance hereunder, the Parties agree that venue: for any disputes related to this Agreement shall bet the state andi federal courts withj jurisdiction over. Baldwin County, Georgia. Operator waives any objection toj jurisdiction or venue being exercised by, or present in, Superior, State, or Magistrate Courts inl Baldwin County, Georgia and such 30. Cumulative Rights. Allr rights, powers, andj privileges conferred! hereunder upon the County  performance, and enforcement oft this Agreement.  federal courts with jurisdiction over Baldwin County, Georgia. shall be cumulative, but not restrictive to those given byl law.  31. Timei is of the essence of this Agreement.  32. Authorization. Thej person executing this Agreement on behalf of Operator warrants and represents that he or she is fully authorized to do sO. Operator stipulates that it and the person executing this Agreement oni its behalf has been afforded an adequate opportunity tor read this Agreement andt to consult with ana attorney prior to executing the same, and that all signatures are given knowingly, voluntarily, and with full awareness of the terms contained herein. The Parties also agree that this Agreement has been prepared after negotiations and, as ai result, neither party may be considered the sole author thereof, and it should not be construed in favor or against either party by a court of competent 33. Waiver. No waiver of any default hereunder shall bei implied from any omission tot take any action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the express waiver and only fori the time and to the extent therein stated. One or more waivers by aj party shall not be construed as a waiver ofas subsequent breach of the same covenant, term, or condition. 34. Paragraph Headings. The paragraph headings contained in this Agreement are for convenience only and: shalli ini noi manner be construed: as part of this Agreement. 35. Counterparts. This Agreement may be executedi int two (2) counterparts, each of which shall be deemed an original, and together, shall constitute one and the same Agreement, with one 36. Severability. The invalidity or partial invalidity of any portion of this Agreement shall not affect the validity of any other provision. In the event that any provision of this Agreement: isl held tol bei invalid, the remaining provisions shall be deemed to be ini full force and effect as if they have been executed by both parties subsequent to the  jurisdiction.  counterpart being delivered to each] party hereto.  expungement orj judicial modification oft the invalid provision.  6    BALDWIN COUNTY,GEORGIAI (SEAL) 2A6A Hionorable John H/Westmoreland Chairman, Baldwin County Board of Commissioners  ATTEST:  uatatng) En6ososo  Cynthla K. Cunningham Baldwin County Clerk DATEADOPTED 10-1-24 TOPTIEPAKINOLICGEAD AKbEOL mploa Tide: SalMuk  AINNO) NIMGTVS Jo 1V3S GuvoR    37.J DRUGI FREE WORKPLACE CERTIFICATION  Thes signer oft this Agreement, acting as Representative of the Operator, certifies thatt the provisions of codes sections 50-24-1 through 50-24-6 oft the Official Code of Georgia Annotated relating tot the ** Drug Free Workplace Act** havel been complied withi in full. The signer further A. Adrug-free workplace shalll bep provided for the Operator's employees during the B. Int the event Operator hires as subcontractor to worki in al Drug Free Workplace shall secure from that subcontractor the following written certification: i.s Subcontractor certifies tot the Operator that a Drug Free Workplace shall be provided fort the subcontractor's employees during the performance of this Agreement pursuant toj paragraph (7) ofs subsection (b) of code section 50-24-3. Also, the signer further certifies that he shall not engage int the unlawful manufacture, sale, distribution, dispensation, possession or use ofa controlled substance or marijuana during thej performance of the contract. IN WITNESS WHEREOK, the parties have executed these presents or caused these presents tol be executed under seal by their duly authorized representatives ont the date first above  certifies that:  performance oft the. Agreement; and  written.  [SIGNATURE PAGEF FOLLOWS]  7    Concession Prices  Candy  Snacks  Airhead Xtremes Airheads Baby Bottle Pop Blow Pop Bubble Tape Candy Bars Cotton Candy Gum Push Pop Ring Pop  $1.87 Boiled Peanuts $0.40 Chips $1.87 Extra Cheese/Sauce  $ $ $ $ $ $ $ $ $  3.50 1.50 0.50 3.50 1.50 0.50 2.50 2.25 1.50  $0.75 $2.00 Pickle $1.87 Pickle Pops $0.05 Slim Jim  Nachos  $2.00 $1.87 $0.85  Popcorn  Sunflower Seeds  Food  Drinks  BBQ Sandwich Cheeseburger Chicken Sandwhich Hamburger Hot Dog  $4.00 $3.75 $4.00 $3.25  Body Armor Lemonade Powerade  $ $ $ $ $ $ $ $  2.75 0.50 1.75 2.75 2.34 2.34 1.75 2.34  Buffalo Chicken (3) $4.50 Ice  Chicken Fingers (3) $4.00 Monster Drink  $3.50 Soft Drinks  Starbucks Frappuccino $ 2.75  Terry's Sweet Tea  Water  EXHIBIT