February 17, 2025 a EMANUEL COUNTY Regular Meeting 125 South Main Street . BOARD OF COMMISSIONERS . Swainsboro, GA 1812 THE PLACE TO GROW 6:00 P.M. Commissioners: Chairman Jim Sherrod, District 4 County Administrator: L. G. Singletary Vice Chairman Timmy Oliver, District 5 County Clerk: Halei Lamb Kawame Coleman, District 1 County Attorney: Richard McNeely Ricky Thompson, District 2 John Moore, District 2 General Business Agenda ITEM RESOURCE PERSONFACILITATOR REFER Call to Order; Welcome Media and Visitors Chairman Jim Sherrod Invocation County Attorney Richard McNeely Pledge of Allegiance Vice Chairman Timmy Oliver "inutes Chairman Jim Sherrod TAB 1 )iscussion and/or Action: To approve the minutes ofthe February 11, 025 workshop meeting and the January 21, 2025 regular meeting. Public Hearing County Administrator L. Guy Singletary TAB 2 Alcohol License Joan Turner/Country Corner: Beer & Wine Retail Old Business County Administrator L. Guy Singletary Discussion and/or Action: Library Board Appointment (Barb Moore or Renae McNeely) New Business County Administrator L. Guy Singletary TAB 3 Discussion and/or Action: DFCS Board Reppointments (Syvetta Young and Mary Clare Branan) Discussion and/or Action: ACCG-IRMA First Responder PTSD County Administrator L. Guy Singletary TAB 4 Application, Participation Agreement, and Resolution Discussion and/or Action: Mitchell Building Auction and RFP County Administrator L. Guy Singletary Approval )iscussion and/or Action: New Building Name County Administrator L. Guy Singletary Discussion and/or Action: Radio System Intergovernmental County Administrator L. Guy Singletary TAB 5 Agreement 'iscussion and/or Action: Public Works Surplus Equipment County Administrator L. Guy Singletary TAB 6 Comments Chairman Jim Sherrod None Executive Session Chairman Jim Sherrod IfNeeded Adjourn Chairman Jim Sherrod KAWAME COLEMAN, DISTRICTI L.GUY SINGLETARY, COUNTYADMINSTHAIOR RICKY THOMPSON, DISTRICT II RICHARD MCNEELY, COUNTY. ATTORNEY 1812 JOHN MOORE. DISTRICT III EMANUEL COUNTY HALEI LAMB. COUNTYCLERK JIM SHERROD, DISTRICT IV . BOARDIOF COMMISSIONERS- JUSTIN MORRIS, PUBLIC WORKS DIRECTOR THE PLACE TO GROW TIMMY OLIVER, DISTRICTV REGULAR MEETING e MINUTES February 17, 2025, 6:00 P.M. Name Position Status Jim Sherrod District 4 Commissioner, 2025 Present Chairman Timmy Oliver District 5 Commissioner, 2025 Present Vice Chairman Kawame Coleman District 1 Commissioner Present Ricky Thompson District 2 Commissioner Present John Moore District 3 Commissioner Present Richard McNeely County Attorney Present L. Guy Singletary County Administrator Present Halei Lamb County Clerk Present Opening Chairman Jim Sherrod greeted the guests and opened the meeting. County Attorney Richard McNeely gave the invocation. Vice Chairman Timmy Oliver led the Pledge of Allegiance. Minutes A motion was made to approve the minutes ofthe February 11, 2025 workshop meeting and the January 21, 2025 regular meeting. MOTION: Commissioner Kawame Coleman SECOND: Commissioner John Moore 1/Page IN FAVOR: FIVE (5) COMMISSIONERS Commissioner Kawame Coleman, Commissioner John Moore, Chairman Jim Sherrod, Vice Chairman Timmy Oliver, Commissioner Ricky Thompson NAYS: None ABSTAINED: None ABSENT: None Public Hearing The board held a publie hearing for an alcohol license application from Joan Turner. Following this hearing, a motion was made to approve the application. MOTION: Commissioner Ricky Thompson SECOND: ViceChairman Timmy Oliver IN FAVOR: FIVE (5) COMMISSIONERS - Commissioner Ricky Thompson, Vice Chairman Timmy Oliver, Chairman Jim Sherrod, Commissioner Kawame Coleman, Commissioner John Moore NAYS: None ABSTAINED: None ABSENT: None Old Business A motion was made toappoint Renae McNeely to the Franklin Memorial Library Board. A copy oft the resolution authorizing this àppointment will be recorded with the minutes. MOTION: Cormissioner Ricky Thompson SECOND: Commissioner John Moore INI FAVOR: FIVE (5) COMMISSIONERS - Commissioner Ricky Thompson, Commissioner John Moore, Chairman Jim Sherrod, Vice Chairman Timmy Oliver, Commissioner Eawame Coleman NAYS: None ABSTAINED: None ABSENT: None New Business A motion was made toreappoint $yvetta Young and Mary Clare Branan to the Emanuel County Department of Family and Children Services (DFCS) Board. A copy of the resolution authorizing these reappointments will be recorded with the minutes. 2IPage MOTION: ViceChairman Timmy Oliver SECOND: Commissioner Kawame Coleman IN FAVOR: FIVE (5) COMMISSIONERS - Vice Chairman Timmy Oliver, Commissioner Kawame Coleman, Chairman Jim Sherrod, Commissioner Ricky Thompson, Commissioner John Moore NAYS: None ABSTAINED: None ABSENT: None A motion was made toadopt the ACCG-IRMA First Responder PTSD Resolution. A copy of the resolution (and its accompanying application and participation agreement) will be recorded with the minutes. MOTION: Vice Chairman Timmy Oliver SECOND: Commissioner Ricky Thompson INI FAVOR: FIVE (5) COMMISSIONERS - Vice Chairman Timmy Oliver, Commissioner Ricky Thompson, Chairman Jim Sherrod, Commissioner Kawame Coleman, Commissioner John Moore NAYS: None ABSTAINED: None ABSENT: None AI motion was made toapprove the Mitchell Building auction and RFP. MOTION: Commissioner Ricky Thompson SECOND: Commissioner John Moore INI FAVOR: FIVE (5) COMMISSIONERS - Commissioner Ricky Thompson, Commissioner. John Moore, Chairman Jim Sherrod, Vice Chairman Timmy Oliver, Commissioner Kawame Coleman NAYS: None ABSTAINED: None ABSENT: None A motion was made to name the newly-constructed administration building and future home of the Emanuel County Tax Commissioner's Office, the Emanuel County Tax Assessors' Office, and the Emanuel Courty Board of Elections (located at 223 West Moring Street, Swainsboro) as follows: "The Davis-Thompson Building." 79 MOTION: Charman Jim $herrod SECOND: Commissioner John Moore IN FAVOR: FIVE (5) COMMISSIONERS - Chairman Jim Sherrod, Commissioner Ricky Thompsor, Vice Chairman Timmy Oliver, Commissioner Kawame Coleman, Commissioner John Moore ABSTAINED: None ABSENT: None 3Page A motion was made toenter into àn intergovernmental agreement (IGA) for the purpose of cost sharing the County's new radio communication systems. A copy ofthis IGA will be recorded with the minutes. MOTION: ViceChairman Timmy Oliver SECOND: Commissioner Kawame Coleman IN FAVOR: FIVE (5) COMMISSIONERS - Vice Chairman Timmy Oliver, Commissioner Kawame Coleman, Chairman Jim Sherrod, Commissioner Ricky Thompson, Commissioner John Moore ABSTAINED: None ABSENT: None A motion was made tosend two semi trucks (a 2007 Mack CV713 and a 2000 Freightliner) to auction as surplus. MOTION: Commissioner Ricky Thompson SECOND: Commissioner John Moore IN FAVOR: FIVE (5) COMMISSIONERS - Commissioner Ricky Thompson, Commissioner John Moore, Chairman Jim Sherrod, Vice Chairman Timmy Oliver, Commissioner Kawame Coleman ABSTAINED: None ABSENT: None Executive Session AI motion was made toenter into executive session for property discussion. MOTION: Vic: Chairman' Timmy Oliver SECOND: Commissioner Ricky Thompson IN FAVOR: FIVE(5) COMMISSIONERS - Vice Chairman Timmy Oliver, Commissioner Ricky Thompson, Chairman Jim Sherrod, Commissioner Kawame Coleman, Commissioner John Moore ABSTAINED: None ABSENT: None Ar motion was made toleave executive session/re-enter open session. Executive session minutes will be drafted and recorded separately. MOTION: Vice Chairman Timmy Oliver SECOND: Commissioner Kawame Coleman INFAVOR: FIVE (5) COMMISSIONERS - Vice Chairman Timmy Oliver, Commissioner Kawame Coleman, Chairman Jim Sherrod, Commissioner Ricky Thompson, Commissioner John Moore ABSTAINED: None ABSENT: None 4IPage Adjournment There being no furtherbusiness, the meeting was adjourned in good order. Chairman AI uet County Administrator 5IPage KAWAME COLEMAN, DISTRICTI LGUY SINGLETARY, COUNTY. ADMINISTRATOR RICKY HOMPSON.DITRICT II RICHARD MCNEELY, COUTNY ATTORNEY 1812 JOHN MOORE, DISTRICTII EMANUEL COUNTY HALEI LAMB, COUNTY CLERK JIM SHERROD, DISTRICT IV BOARD OF COMMISSIONERS- JUSTIN MORRIS, PUBLIC WORKS DIRECTOR THE PLACE TO GROW TIMMY OLIVER, DISTRICT V RESOLUTION FOR APPOINTMENT TO THE FRANKLIN MEMORIAL LIBRARY BOARD WHEREAS, there is a vacancy on the Franklin Memorial Library Board; and WHEREAS, it is the responsibility of the County Commission to appoint a suçcessor when a vacancy occurs; and WHEREAS, the persons appointed will serve terms of(4) years each; NOW THEREFORE BE IT RESOLVED, the Emanuel County Board of Commissioners appoints Renae McNeely to the Franklin Memorial Library Board to fill the unexpired term of Gloria Davis, effective immediately, with this term to expire on December 31, 2026. ADOPTED this t day of Ekbnsany 2025 EMANUEL COUNTY BOARD OF COMMISSIONERS - - Chairman ATTEST: davoa in County Clerk KAWAME COLEMAN, DISTRICT I L.GUY SINGLETARY, COUNTY ADMINISTRATOR RICKY THOMPSON, DISTRICT II RICHARD. MCNEELY, COUTNY ATTORNEY 1812 JOHN MOORE, DISTRICTI III EMANUEL COUNTY HALEI LAMB, COUNTY CLERK JIM SHERROD, DISTRICT IV . BOARD OF COMMISSIONERS- JUSTIN MORRIS, PUBLIC WORKS DIRECTOR THE PLACE TO GROW TIMMY OLIVER, DISTRICTV RESOLUTION FOR REAPPOINTMENT TO THE EMANUEL COUNTY DEPARTMENT OF FAMILY AND CHILDREN SERVICES BOARD WHEREAS, there is a vacancy on the Emanuel County Department of Family and Children Services Board; and WHEREAS, it is the responsibility of the County Commission to appoint a successor when a vacancy occurs; and WHEREAS, the persons appointed will serve terms of(5) years each; NOW THEREFORE BE IT RESOLVED, the Emanuel County Board of Commissioners reappoints Mary Clare Branan and Syvetta Young to the Emanuel County Department of Family and Children Services Board with these terms ofc office tob begin on January 1, 2025 and expire on December 31, 2029. ADOPTED this 125 day of Eebasaag 74p75 EMANUEL COUNTY BOARD OF COMMISSIONERS Charrman ATTEST: l Countyi Clerk ACCG INTERLOCAL RISK MANAGEMENT (ACCG-IRMA) FIRST RESPONDER PTSD APPLICATION AND PARTICIPATION AGREEMENT Employers eligible to participate in ACCG-IRMA (hereinafter a "Participating Employer" or "Employer") shall complete this Application and Participation Agreement in order to purchase First Responder PTSD coverage fully insured by MetLife under the ACCG-IRMA First Responder PTSD Fund Master Policy for al Lump Sum PTSD Diagnosis Benefit, al PISD Disability (Income Replacement) Benefit, or a Combined Lump Sum PTSD Diagnosis Benefit and PTSD Disability (Income Replacement) Benefit. Once approved by ACCG-IRMA's Program Administrator, the Participating Employer will receive a one-page Summary of Benefits identifying the purchased coverage(s) (the "First Responder PTSD Policy") and a link to the Policy Certificate for the purchased coverage(s), sO it may make these available to their First Responders. Who Does What? ACCG-IRMA is the Policyholder of à First Responder PTSD Policy insured by MetLife, which provides a Lump Sum Benefit and a Disability (Income Replacement) Benefit. These coverages together are designed to meet the requirements of the Ashley Wilson Act (the "Act"), effective January 1,2025. Association County Commissioners of Georgia ("ACCG") is the Program Administrator for ACCG- IRMA. ACCG uses information from the First Responder census data provided by the Participating Employer to bill for the premiums due under the First Responder PTSD Policy and maintains (either directly or through the broker for the First Responder PTSD Policy) Participating Employers' Application and Participation Agreements. Participating Employers are responsible for providing census data to ACCG-IRMA's broker that identifies all First Responders (as defined below) performing first responder services for them, classifying the First Responders by statutory definition and as employed or volunteer, and identifying those First Responders who are First Responders for another Public Entity. Participating Employers are responsible for submitting complete and accurate census data and paying premiums to ACCG-IRMA, communicating with First Responders about the coverages the Employer provides, providing the Summary of Benefits and link to the applicable Certificate to First Responders, and providing all requested information and documentation requested by ACCG-IRMA's broker to ensure the census is current. Participating Employers arei responsible/for designating an authorized member of human resources staff to receive inquiries from MetLife related to work requirements or work status for disability claims and provide all information requested by MetLife for that purpose. To comply with the confidentiality proyisions of the Act, ACCG and ACCG-IRMA's broker will not inform Participating Employers whether a First Responder has submitted a claim for benefits or received any such benefits. Participating Employers are responsible for ensuring that any information in their possession related to claims, and any other information that would reasonably identify an individual as having been diagnosed with PTSD, is used only in àccordance with applicable laws and is kept confidential in the same way as mental health information related to an employer sponsored major medical plan or employee assistance program. Participating Employers are prohibited by law from taking any employment action solely as a result of al First Responder's diagnosis, claims, dr benefits under the Act. MetLife evaluates claims and pays approved claims under the First Responder PTSD Policy. All claims for benefits must be submitted to MetLife. First Responders do not need to informthe Participating Employer that they are making a claim. Neither ACCG-IRMA nor ACCG haveany role in claim determination or payment. Approved by ACCG Legal 11/01/2024 1 Definition of First Responder. A First Responder for the Participating Employer is an individual who meets one or more ofthe: following definitions as a result ofservices he or she performs for the Participating Employer as an employee or volunteer: (A) Communications officer' as defined in Code Section 37-12-1; (B) Correctional officer' as defined in Code Section 45-1-8; (C) Emergency medical professional' as defined in Code Section 16-10-24.2; (D) Emergency medical technician' as defined in Code Section 16-10-24.2; (E) Firefighter' as defined in Code Section 25-4-2; (F) 'Highway emergency response operator as defined in Code Section 45-1-8; (G) 'Jail officer' as defined in Code Section/45-1-8; (H) Juvenile correctional officer' as defined in Code Section 45-1-8; (I) Peace officer' as defined in Code Section: 35-8-2; (J) Probation officer' as defined in Code Section 45-1-8; and (K) Law enforcement officer with the Department of Natural Resources. Employer Obligations: Employer shall not require any kind of çontribution from First Responders for the coverage(s) provided under the First Responder PTSD Policy. Employer is solely responsible for identifying all First Responders (as defined above). Any questions about First Responder status should be resolved by contacting legal counsel. Employer shall submit initial First Responder census data to the ACCG-IRMA broker in the form requested, and must update this census data as requested in order to ensure that all First Responders are properly identified and classified. The Employer's cost for coverage under the First Responder PTSD Policy will be based on the most recent census data at the time ofbilling Employer shall provide the Summary of Benefits and a link to the appliçable Certificate to all First Responders at no charge, and shall provide a copy of the applicable Policy to First Responders upon request. Ifthe Policy is terminated for any reason, Employer shall provide notification oft termination to all First Responders. Whenever requested to do sO by MetLife or ACCG, Employer shall provide MetLife or ACCG the information requested. Benefits Exempt from Income Tax: MetLife has determined that benefits it will pay under the policy are not subject to state or federal income taxation. Accordingly, MetLife will not report benefits to the IRS or withhold any amounts from benefit payments. MetLife will advise benefit recipients that benefits are not subject to federal or state income tax, sO MetLife will not withhold taxes or provide a 1099 or W-2 or report benefit payments to the IRS. MetLife will remind benefit recipients that the benefits may offset other benefits received by the recipient or have other tax consequences and encourage them to consult their tax advisor for guidance. MetLife will provide a summary of berefits to the benefits recipient upon request. Legal counsel to ACCG-IRMA has advised ACCG-IRMA ofthe following: O The Ashley Wilson Act provides that benefits payable pursuant to the Ashley Wilson Act are not subject to Georgia income tax. Benefits payable under the policy to First Responders (as defined in the statute) are not subject to federal income tax because the Ashley Wilson Act is a statute in the nature of a Approved by ACCG Legal 11/01/2024 2 workers' compensation act under Treas. Reg. Section 1.104-1(b) and the MetLife policy bases benefits solely on diagnosis of work-related injuries or sickness as described in the Act. Participating Employers haye no tax obligations arising from payment of benefits to their First Responders. A copy ofthe opinion letter is available upon request. Information Privacy and Security: See the attached PTSD Privacy Notice, which will be posted on the website where policy information is published. This Notice explains the privacy requirements of the Ashley Wilson Act and how individually identifiable information is used and shared. As a critical illness and disability policy, the PTSD Program is not subject to the federal information privacy and security law that applies to group health plans (HIPAA). However, ACCG, the ACCG- IRMA broker, and MetLife protect individually identifiable information and use and share it only in accordance with the privacy provisions of the Ashley Wilson Act and any other applicable privacy laws. Participating Employers will provide çensus data to ACCG-IRMA's broker using a secure portal established by the broker. Desired Coverage (See Attached Proposal for Estimated Annual Premiums): Participating Employer is applying for and agreeing to purchase the First Responder PTSD Combined Lump Sum Diagnosis Benefit and PTSD Disability (Income Replacement) Benefit unless the following option is checked. First Responder Lump Sum PTSD Diagnosis Benefit Only* (Alone, this coverage does NOT meet the requirements ofthe Ashley Wilson Act. Leave BLANK ifyou want the full coverage.) The coverage elected above automatically renews at each anniversary of the effective date, based on then current premiums established by the Program Administrator. Coverage may be terminated in accordance with the ACCG-IRMA Bylaws regarding termination of membership in an ACCG-IRMA Fund. On behalf of Me Boarl DR COiIONN [Name ofParticipating Employer), MMA nult County, Georgia, I submit this Application and Participation Agreement and agree to its terms. Signature: Date: 2/125 Print Name: - 6.Singke C Title: Cosy Aiminstrator Approved by ACCG Legal 11/01/2024 3 Privacy Notice for Georgia First Responders PTSD Program This Privacy Notice describes the individyally identifiable information about First Responders that Program Administrators of the Georgia First Responders PTSD Program collect and how it is used and shared. PROGRAM ADMINISTRATORS: Certain employees of Georgia Municipal Association ("GMA") and Association County Commissioners of Georgia ("ACCG") provide administrative services for the PTSD Program. The Southeastérn Series of Lockton Companies, Inc. serves as broker for the MetLife insurance policy that is offered through the PTSD Program. GMA, ACCG, and Lockton are all Program Administrators of the PTSD Program. PRIVACY OBLIGATIONS UNDER ASHLEY WILSON ACT: The Ashley Wilson Act contains privacy requirements for information that "could reasonably be used to identify individuals making claims or who have made claims or who have received benefits. These privacy requirements were included because federal privacy law (HIPAA) does not apply to the Program. Program Administrators and MetLife treat this/information as "sensitive mental health information" and only use and share the information: to operate the Program, prepare aggregated reports, comply with the law, or as authorized by the First Responder. Communications between First Responders (or their representatives) and Program Administrators or MetLife are confidential and privileged. The Act ensures that First Responders can get the lump sum benefit in a confidential manner similar to receiving mental health benefits under a group health plan (subject to HIPAA) or under an employee assistance program, and limits interactions with the employer for disability benefits to those allowed for other mental health disability benefits. First Responders submit their çlaims for benefits directly to MetLife and do not need to inform the Employer. MetLife will not inform Programn Administrators of claims or benefits without the First Responder's express authorization. MetLife and Program Administrators will never tell Employers whether a First Responder has made a claim for or received a lump sum benefit (without express authorization). For the disability benefit, MetLife will only communicate with a human resources contact at the Employer about work requirements and work: status, which will indicate that the First Responder has submitted a claim for disability benefits. Due to the nature of the Program, MetLife does not need to and will not provide any reports of benefits to the IRS or the Employer. If an Employer learns of a claim or benefits from the First Responder or otherwise, Privacy Notice for Georgia First Responder PTSD Program Page 1 of3 the Employer is prohibited by law from taking any employment action solely as a result of a First Responder's diagnosis, claims, or benefits. Employers are required to tréat any information they may learn about claims or benefits confidentially as they would treat mental health information associated with a group health plan or employée assistance program. Employers are required to designate an employee who is authorized to securely submit eligibility information apout First Responders to the Program Administrators' eligibility portal. This information identifies which employees and volunteers meet the definition of First Responder and does not contain any information about claims or benefits. PROTECTED INDIVIDUALLY IDENTIFABLE INFORMATION MAINTAINED BY PROGRAM ADMINISTRATORS; USE AND SHARING Eligibility Data: A designated represèntative of each Employer that offers the Program securely submits the following information to the eligibility portal twice a year: first and last name, social security number, date of birth, type of First Responder (by statutory definition), and employed or volunteer status. This information is used to ensure proper billing of premiums and is securely shared with MetLife to enable MetLife to validate identity and determine eligibility for benefits when First Responders submit claims. To comply with the Act's privacy requirements, Metlife will NOT check with the Employer to determine eligibility when a claim is made. Information Provided by First Responder: If a First Responder contacts a Program Administrator with questions about the Program, the Program Administrator may collect individually identifiable information necessary to answer the questions or direct the First Responder to the right resource and otherwise communicate with the First Responder. This information may include name, phone number, email, employer, employment status, and other information shared by the First Responder. This information is used to answer the questions and may be shared with other Program Administrators or MetLife as appropriate for answering the question and for customer service purposes. Information About First Responder Claims or Receipt of Benefits: Program Administrators do not have access to information about whether a First Responder has submitted a claim for benefits or has received benefits unless the First Responder shares that information with the Program Administratorls). MetLife is prohibited from sharing individually identifiable information about claims and benefits with the Program Administrators without an express written authorization from the First Résponder. However, Program Administrators may learn about claims or benefits from a First Responder or someone acting on behalf of the First Responder. Program Administrators may share this information with other Program Administrators and MetLife as they deem appropriate for the operation of the Program. Privacy Notice for Georgia First Responder PTSD Program Page 2 of3 Reports that Do Not Include Direct Identifiers: Program Administrators may request reports from MetLife that show use of benéfits for purposes of evaluating the Program. These reports will not contain names or other direct identifiers. However, the reports may contain information (such as type of First Responder and geographic location of employer) that could be used with other information to identify individuals. These reports will be used as the Program Administrators deem appropriate for the operation of the Program and may be shared among the Program Administrators and with MetLife. Reports that could reasonably be used to identify an individual shall not be shared except as required by law. PROTECTION OF INDIVIDUALLY IDENTIFIABLE INFORMATION The Program Administrators and Metlife have privacy and information security policies and procedures and safeguards designed to ensure that individually identifiable information is protected from unauthorized access, misuse, and destruction. These controls are designed to meet a variety of applicable laws. For more information about MetLife's privacy practices, refer to the MetLife Privacy Notice posted on https/www.gtrptsdinsurance.com. Privacy Notice for Georgia First Responder PTSD Program Page 3 of3 Association County Commissioners: of Georgia-Interlocal Risk Management Agency RESOLUTION AUTHORIZING PARTICIPATION IN THE ACCG - INTERLOCAL RISK MANAGEMENT AGENCY SUPPLEMENTAL MEDICAL, ACCIDENT, AND DISABILITY FUND: FIRST RESPONDER PTSD PROGRAM WHEREAS, Article 9, Section 3, Paragraph 1 of the Constitution of Georgia authorizes counties and other political subdivisions to contract with each other for activities which the contracting parties are authorized by law to undertake; and, WHEREAS, Chapter 85 of Title 36 of the Official Code of Georgia Annotated authorizes counties to execute intergovernmental contracts to form, and become members of, an interlocal risk management agency for the purpose of sharing the risks of accident, disability, supplemental medical, general liability, motor vehicle liability, property damage, or any combination of such risks with those of other counties; and, WHEREAS, counties within Georgia have found it increasingly difficult to obtain commercial insurance protection, and have found the costs of such protection often exceed the ability of a county to pay; and, WHEREAS, counties in Georgia need a stable method for managing their risks to avoid the unpredictable and cyclical nature of the commercial insurance market; and, WHEREAS, many Georgia counties do not have sufficient resources to self-insure their risks on an individual basis; and, WHEREAS, through the Association County Commissioners of Georgia, Georgia counties have created an intergovernmental risk management agency SO that the Georgia counties may insure and/or self-insure their risks; and, WHEREAS, the County offmanel is an existing member of the Association County Commissioners of Georgia - Interlocal Risk Management Agency (hereafter referred to as ACCG-IRMA), an interlocal risk management agency formed pursuant to Chapter 85 of Title 36 of the Official Code of Georgia Annotated, and previously has entered into an intergovernmenta. contract for the purpose ofjoining ACCG-IRMA and participating in the ACCG- IRMA Property and Liability Fund and/o or the first Supplemental Medical, IRMA SMAD PTSD 10.25.24 1 Association County Commissioners of Georgia-Interlocal Risk Management Agency Accident and Disability Fund known as the Firefighters' Cancer Benefit Program (the "Fund(s)"); and, WHEREAS, ACCG-IRMA has also established a second Supplemental Medical, Accident, and Disability Fund known as the First Responder PTSD Program for the purpose of protecting against certain other liabilities imposed upon Georgia counties by state law; and, WHEREAS, the governing authority of the County of Emanuel finds that it is in the best interest ofits citizens to participate in this second ACCG-IRMA Supplemental Medical, Accident, and Disability Fund (the First Responder PTSD Program), NOW THEREFORE, BE IT RESOLVED by the governing authority of the County of ma mi Georgia: SECTION 1 The governing authority of the County of Emenel hereby authorizes the County to become a participant in the ACCG-IRMA Supplemental Medical, Accident, and Disability Fund known as the First Responder PTSD Program for the purpose of providing coverage for those risks imposed upon the County by state law and for which the Supplemental Medical, Accident, and Disability Fund has been established. The County's continuing participation in the ACCG-IRMA Fund(s) in which the County is currently enrolled is hereby confirmed. SECTION 2 The County - Mianaashatc of the County (Insert Pitle of Chief Executive Officer) of Emaasel is authorized to execute on behalf of the County any and all documents necessary and proper to become a participant in the ACCG-IRMA Supplemental Mediçal, Accident, and Disability Fund known as the First Responder PTSD Program. SECTION 3 The powers of ACCG-IRMA, unless the intergovernmental contract and ACCG- IRMA bylaws are amended, shall be limited to those authorized by Chapter 85 IRMA SMAD PTSD 10.25.24 2 Association County Commissioners of Georgia-Interlocal Risk Management Agency of Title 36 of the Official Code of Georgia Annotated, and the related Rules and Regulations of the Commissioner: of Insurance of the State of Georgia. SECTION 4 The continuing operations of ACCG-IRMA and the obligation of the County to fully participate in such operations shall be effectuated in accordance with the intergovernmenta. contract and ACCG-IRMA bylaws. SECTION 5 The Courty Almaikator is designated as the County's (InserTitle of Designated Person) representative to ACCG-IRMA. The County may change its representative by informing ACCG-IRMA of the change in writing. SECTION 6 This resolution shall be effective upon its passage and approval. Adopted this 1H day of Eelanaag 2025 w az Chairman or Sole Commissioner County of Emanuel ATTEST: dpta ma Clerk of the County of Emanel (Imprint County Seal) a OU 2 MISSIO IRMA SMAD PTSD 10.25.24 3 GEORGIA FIRST RESPONDER PTSD PROGRAM ACCG F ACCG - IRMA Georgia First Responder PTSD Program Proposal for Coverage Effective Date: January 1, 2025 Anniversary Date: January 1 Member: Emanuel County Member Number: 2300 Insurer: Metropolitan Life Insurance Company (MetLife) There are two coverage components required by House Bill 451 (2024) effective January 1, 2025: 1) Lifetime Critical IlIness Lump Sum PTSD Diagnosis Benefit 2) Lifetime Long-Term PTSD Disability Benefit (Income Replacement) The ACCG-IRMA Critical IlIness Lump Sum PTSD Diagnosis Benefit and Long-Term Disability (Income Replacement) coverage components are designed to comply with House Bill 451 when purchased together. However, a county is permitted to purchase only one component if you have existing coverage that complies with the new law. Estimated annual premiums are based on the Eligible First Responder census data provided by the county. While the premiums below are estimated annual amounts, the county will be billed on a semiannual basis in an amount that reflects the county's updates to the census. Component 1: Lump Sum PTSD Diagnosis Benefit = All First Responders Lifetime Benefit per first responder: $3,000 (Mandated Limit) Lump Sum PTSD Diagnosis Benefit - Estimated Annual Premium for $9,828.00 All First Responders: Component 2: PTSD Disability Limit Employed First Responders Monthly berefit: 60% of pre-disability first responder earnings Maximum monthly benefit $5,000 per first responder: Estimated Annual Premium for Employed First Responders: : $11,444.00 Volunteer First Responders Monthly Benefit per first resporder: $1,500 Estimated Annual Premium for Volunteer First Responders: $10,312.00 PTSD Disability Limit - Estimated Annual Premium for All First Responders: $21,756.00 Estimated Annual Premium for Comporients 1 & 2: $31,584.00 Lump Sum PTSD Diagnosis Benefit and PTSDI Disability Benefit This proposal is valid for 30 days after proposalis issued or until the effective date, whichever is later. This overview is not a part of the policy(ies) and does not provide or explain all provisions of the policy(ies). 11/4/2024 GEORGIA FIRST RESPONDER PTSD PROGRAM ACCG B Optional Limits for Consideration: The coverage limits reflected for LumpSumPTSD ($3,000) and PTSD Disability Benefit (60% of earnings for employees and $1,500/month for volunteers) on Page 1 ofthe Proposal for Coverage reflect the mandated amounts required by HB 451. However, if your county would like to purchase additional limits above the mandated amounts, the pricing is outlined in the table below. You can select a higher limit for Lump Sum PTSD only, a higher limit for PTSD Disability only, or a higher limit for both coverages. To elect a higher limit, please check the box beside the chosen limit(s). *Ify you do NOT want to elect a higher limit, you can disregard this form. If optional limits are not selected, coverage will default to the minimum required limits in HB 451. In order to bind coverage for this program (mandated OR optional limits), the executed Application and Participation Agreement as well as the enrollment documents are required. Lump Sum PTSD Total Premium Cost at Check to increase limit Diagnosis Limit Higher Limit $5,000 $33,714.00 $10,000 $39,252.00 $15,000 $44,790.00 PTSD Disability Benefit Total Premium Cost at Check to increase limit (Class 2 Volunteers ONLY) Higher Limit $2,000 $35,826.00 This document must be signed and returnéd to Lockton at frptsd@lockton.com for the higher limits to be effective. County Name: Emanll Name of Authorized County Employee: Gng Singielany Title of Authorized County Employee: Loushy Almnifzvod Signature of Authorized County Employee: Date: 2//25 This proposal is valid for 30 days after proposalis issued or until the effective date, whichever is later. This overview is not a part of the policylies) and does not provide or explain all provisions of the policy(ies). 11/4/2024 NTERGOVERMMENTAL AGREEMENT FOR THE PROVISION OF P-25 RADIO SYSTEM. ACCESS FOR USERS This INTERGOVERNMENTAL AGREEMENT (hereinafter "Agreement") is entered into by and between EMANUEL COUNTY, a political subdivision of the State of Georgia, acting by and through its governing authority, the EMANUEL COUNTY BOARD OF COMMISSIONERS (hereinafter "COUNTY"), as party or parties of the first part, and the CITY OF SWAINSBORO, GEORGIA; the CITY OF TWIN CITY, GEORGIA; the CITY OF OAK PARK, GEORGIA; the CITY OF STILLMORE, GEORGIA; the CITY OF GARFIELD, GEORIA; the CITY OF ADRIAN, GEORGIA; EAST GEORGIA STATE COLLEGE; and the EMANUEL COUNTY SCHOOL DISTRICT, (hereinafter "USERS" collectively or "USER" singularly), as party or parties of the second part WITNESSETH: WHEREAS, on or about December 19, 2022, the COUNTY entered into a contract with Motorola Solutions, Inc. to construct and install a new P-25 compliant public safety Radio System, including, but not necessarily limited to, erection of a radio tower or towers, implementation of equipment in existing locations, and maintenance and upgrade of radio equipment and facilities; and WHEREAS, the USERS are municipalities and other govemmental agencies within Emanuel County who, along with the COUNTY, have need to use the Radio System for public safety purposes; and WHEREAS, it is critically important to have interoperable radio communications between and among the COUNTY and the USERS to further the goal of protecting the health, safety, and welfare of the citizens of Emanuel County; and WHEREAS, the master site for the Radio System is in Chatham County and the Radio System operates as a part of the Southeast Georgia Regional Radio Network (hereinafter SEGARRN); and WHEREAS, the Radio System will incur ongoing Operation and Maintenance Costs, and in order to assure the continued viability and operational integrity of the Radio System, the COUNTY and the USERS each desire to contribute to the Operation and Maintenance Costs on the terms and conditions set forth in this Agreement; and WHEREAS, Paragraph lof Section Ill of Article IX of the Constitution of the State of Georgia (the Intergovernmental Contracts Clause") provides that the state, or any institution, department, or other agency thereof and any county, municipality, school district, or other political subdivision of the state may çontract for any period not exceeding 50 years with each other or with any other public agency public corporation, or public authority for joint services, for the provision of services, or for the joint or separate use of facilities or equipment, provided that such contracts deal with activities, services, or facilities which the contracting parties are authorized by law to undertake or provide; and 1 WHEREAS, the COUNTY and the USERS are all entities that are authorized to enter into this Agreement pursuant to the Intergovernmental Contracts Clause, and this Agreement deals with activities, services, or facilities that the COUNTY and the USERS are authorized by law to undertake or provide; NOW THEREFORE, in considération of the mutual covenants, promises, and obligations contained herein, the COUNTY and the USERS hereby agree as follows: ARTICLE DEFINITIONS In addition to the words and terms defined elsewhere herein, the following words and terms shall have the meanings specified below when used herein and capitalized, including in the above recitals, unless the context or use indicates another or different meaning or intent: 1.1 "Effective Date" means the date of full operations, which is the day of 202 1.2 "Fiscal Quarter" means any of the three-month periods ending on September 30, December 31, March 31, and June 30 of each year. 1.3 "Fiscal Year" means the périod beginning on July 1 and ending on June 30 each year. 1.4 "Motorola" means Motprola Solutions, Inc. and/or its parents, subsidiaries, successors, or assigns. 1.5 "Operation and Maintenance Costs" means all costs, whether regularly recurring, sporadic, or unique, that are necessarylto maintain the operability of the Radio System, including, but not necessarily limited to, system maintenance, generator maintenance, insurance, utilities, rental, grounds maintenance, fuel, pest control, indirect administrative costs, contingency costs, and technology refreshes (i.e., hardware and software updates), whether the cost for such technology refreshes are incurred locally or pursuant to the System Upgrade Agreement through SEGARRN. 1.6 "Public Safety Director" means the director of the Emanuel County Public Safety Division or his/her designee. 1.7 "Radio System" means the P25-compliant radio system owned and operated by the COUNTY and constructed and implemented in accordance with a contract entered into by the COUNTY with Motorola on or about December 19, 2022, including, but not necessarily limited to, all capital infrastructure, equipment, and facilities necessary to support and operate the Radio System. 2 1.8 "Radio System Fund" means a restricted designated fund maintained by the COUNTY and used solely to pay Operation and Maintenance Costs. 1.9 "SEGARRN" means the Southeast Georgia Regional Radio Network, which is an association that includes the counties of Emanuel, Bulloch, Effingham, Chatham, Candler, Bryan, and Liberty, the City of Savannah, and various state agencies, the primary purpose of which is to facilitate and maintain radio communiçations between the entities who participate in SEGARRN. 1.10 "Subscriber Unit" means any radio, cell phone, computer, or other device capable of transmitting or receiving on the Radio System, when such device has been authorized by the COUNTY to transmit or receive on the Radio System. ARTICLE2 TERM OF AGREEMENT 2.1 Term of Agreement. Subject to Sections 3.2, 6.4, and 7.1, the initial term of this Agreement shall commence on the Effective Date and end ten years thereafter on the day of 203 Thereaftet, this Agreement shall automatically renew for successive one-year terms commencing on July 1stand ending on June 30th, for a period not to exceed fifty (50) years inclusive of the initial term, unless sooner terminated pursuant to Section 3.2, 6.4, or 7.1 of this Agreement, or unless any party to this Agreement gives written notice of an intent not to renew to all other parties at least one hundred and eighty (180) days prior to the expiration of the then-current term. In order to comply with state procurement requirements codified at O.C.G.A. S 50-5- 64.1(a)(2)(E), and notwithstanding any provision of this Agreement to the contrary, East Georgia State College and the Board of Regents of the University System of Georgia, shall retain the right to terminate their status as Users and have no further obligation (other than their share of costs under Article 6, already incurred as of the date of termination) at any time, for any reason, upon thirty (30) days written notice to all other parties. 2.2 Effect of Non-Renewal. Ifone or more parties gives the requisite written notice to the other parties of an intent not to renew, the parties not giving such notice shall remain bound by all the terms and conditions of this Agreement for the applicable renewal term; provided, however, that if the COUNTY provides the requisite notice of an intent not to renew, or if all the USERS provide the requisite notice of an intent not to renew, then this Agreement shall terminate at the end of the then- current term. ARTICLE 3 USE OF RADIO SYSTEM 3 3.1 Grant of Revocable License. The COUNTY hereby grants to USERS a revocable license to use the Radio System for the operation ofi its Subscriber Units on the terms and conditions herein. Such license is not intended to and does not grant to USERS any legal or equitable property interest in the Radio System, which shallremain exclusively owned and operated by the COUNTY. 3.2 Revocation. ofLicense. The license granted to any USER herein may be revoked by the COUNTY, and this Agreement may be terminated by the COUNTY as to that USER, for cause, including, but not necessarily limited to, a USER's failure to comply with any of the USER's responsibilities set out in Article 4 of this Agreement or a USER's failure to make timely payment under Article 6 of this Agreement. If revocation of a USER's license is considered for any reason other than failure to make timely payment under Article 6, the COUNTY shall provide the USER with written notice of the considered révocation which states the reasons therefor and the date and time of a meeting of the Board of Commissioners at which the USER or its representative may appear to show cause why its license should not be revoked. The COUNTY shall provide such written notice to the USER no less than thirty (30) days prior to the referenced meeting of the Board of Commissioners. The Board of Commissioners may render a decision concerning the revocation of the USER's license after hearing the USER's presentation, if any, or may defer a decision to its next regularly scheduled meeting. The decision of the Board of Commissioners regarding the revocation of any USER's license shall be final and not subject to any appeal. 3.3 License Not Assianable. USERS have no authority to and are absolutely prohibited from selling, assigning, or otherwise trânsferring a license to use the Radio System, in whole or in part, to any other person or entity. Any such purported sale, assignment, or transfer shall be considered null and void, shall not vest any rights in the purchaser, assignee or transferee, and may subject the User to revocation of its license. 3.4 Approval of Subscriber Units. All Subscriber Units must be approved by the Public Safety Director prior to their use on the Radio System. A conforming product list is available from the Public Safety Director and will be ypdated from time to time. Products not listed will not be approved. USERS may request Subscriber Units in addition to those approved as of the Effective Date of this Agreement by making an application to the Public Safety Director showing the need for the additional Subscriber Units. The Public Safety Director will review the application and approve or deny it. In reviewing the application, the Public Safety Director will consider Radio System loading, airtime usage, number of Radio System busies, and compatibllity with SEGARRN, and will make a decision based on maintaining the operability and efficiency of the Radio System for all USERS and for SEGARRN. 3.5 Advisory Committee. An advisory committee consisting of one member appointed by the COUNTY and each USER shall be formed within ninety (90) days of the Effective Date of this Agreement. The purpose of the committee shall be to monitor the use and operation of the Radio System and to identify and report any issues that may need addressing to the COUNTY and the USERS. The committee shall be advispry only and shall not have any formal or legal authority concerning the use or operation of the Radio System. The committee shall meet from time to 4 time as it deems necessary or appropriate. A majority of the committee members shall constitute a quorum. Any meeting of the committee at which a quorum is present shall be subject to and conducted in compliance with Georgia's Open Meetings Act codified at O.C.G.A. S 50-14-1 et. seq. The member appointed by the COUNTY shall serve as the chairman of said committee. ARTICLE 4 USER RESPONSIBILITIES 4.1 Purchase and Maintenance of Subscriber Units. USERS shall be solely responsible for purchasing any new additional units or replacement units and for maintaining their Subscriber Units. [lt is provided, however, that COUNTY shall be responsible for the routine bi-annual (every other year) radio update and conditioning. USERS shall immediately remove from service any of their Subscriber Units that cause any problems on the Radio System. USERS shall be responsible for all maintenance and repair costs fpr their Subscriber Units and shall ensure that any maintenance or repairs are performed by a certified technician, or as otherwise consented to in writing by the Public Safety Director. 4.2 Irainingand Compliance. 4.2.1 USERS will ensure that any persons using their Subscriber Units are properly trained to do so. 4.2.2 USERS will comply with and ensure that any persons using their Subscriber Units comply with Motorola software sècurity constraints. 4.2.3 USERS will comply with and ensure that any persons using their Subscriber Units comply with all applicable federal, state, and local laws, statutes, regulations, and ordinances, as well as the terms and conditions bf this Agreement. USERS shall be responsible, at the request of the COUNTY, for responding to or assisting the COUNTY in responding to any correspondence or complaint received from a state or federal regulatory agency involving the USER's Subscriber Units. USERS shall comply with any and all mandates issued by authorized regulatory agencies. If technical or other changes are mandated by a regulatory agency subsequent to the Effective Date of this Agreement, USERS will have the opportunity to remain on the Radio System if they are able to timely comply with the mandates. The COUNTY will in no way be responsible for bringing a USER into compliance with any such mandate or be responsible for any direct or indirect tangible or intangible costs, expenses, damages, or losses incurred by a USER due to the mandate. Notwithstanding the foregoirg, the USERS agree that should the COUNTY decide to comply with a regulatory mandate in a time period that is shorter than that required by the regulatory agency, the USERS shall comply within that shorter time period sO long as the COUNTY gives the USERS written notice of the mandate at least one (1) year prior to the expiration of the shorter time period. f a USER is unable to comply with a regulatory mandate within the time allowed (either by a regulatory agency or the COUNTY), the USER shall be removed in whole or in part from the Radio System as necessary to assure continuing compliance. 5 4.2.4 USERS shall comply within one (1) year of receiving written notice from the COUNTY with any upgrades to a USER's Subscriber Units or other equipment that are required due to upgrades or changes to the Radio System, including but not limited to a change in the vendor for the Radio System. The COUNTY will not be responsible for any direct or indirect tangible or intangible costs, expenses, damages, or losses incurred by a USER attributable to any such upgrades and/or changes to the Radio System. 4.3 No Personal Use. USERS shall ensure that their Subscriber Units are used only for legitimate business-related purposes and are not used to conduct personal or unrelated business, except that which is incidental and occasional. 4.4 Removal of Persons from! Radio System,. If a person operating a USER's Subscriber Unit fails in any way to comply as hèretofore stated, the Public Safety Director, in his or her discretion, may notify the USER in writing that such person must be temporarily or permanently prohibited from operating a Subscriber Unit on the Radio System. Any decision of the Public Safety Director in this regard may be appealed to an APPEALS PANEL, which shall consist of two members of the Board of Commissioners and the County Administrator, by the USER and/or the person(s) affected by sending a written notice of appeal to the Chairman of the Board of Commissioners no later than thirty (30) days after receipt of the Publiç Safety Director's written decision, and the person affected will be prohibited from operating a Subscriber Unit pending the outcome of the appeal. An appeal will be heard at a time promptly scheduled by the APPEALS PANEL following the Chairman's receipt of the written notice of appeal.The APPEALS PANEL will provide the Public Safety Director and the USER and/or person affected an opportunity to present information supporting their positions. The APPEALS PANEL may uphold, reverse, or modify the decision of the Public Safety Director. The decision of the APPEALS PANEL shall be final and not subject to any further appeal. 4.5 Responsibility for Costs of Noncompliance or' Violations, USERS shall be responsible for any lawfully imposed costs related to noncompliance with or violation of any federal or state laws, statutes, regulations, or ordinances, to the extent same are attributable to USER or any persons authorized! by USERI to operate a Subscriber Unit on the Radio System. USER shall pay such lawfully imposed costs directly or, if the COUNTY is legally required to pay such costs, the USER shall reimburse COUNTY for same, provided that such costs are documented in an applicable invoice. ARTICLE 5 COUNTY RESPONSIBILITIES 5.1 Purchase and Maintenance of Subscriber Units. COUNTY shall be solely responsible for purchasing and maintaining its Subscriber Units. COUNTY shall immediately remove from service any of its Subscriber Units that cause any problems on the Radio System and shall be 6 responsible for any damages or conséquences arising out of such problems. COUNTY shall be responsible for all maintenance and repair costs for its Subscriber Units and shall ensure that any maintenance or repairs are performed by a certified technician, or as otherwise consented to in writing by the Public Safety Director. 5.2 Training and Compliance. 5.2.1 COUNTY will ensure that any persons using its Subscriber Units are properly trained to do so. 5.2.2 COUNTY will comply with and ensure that any persons using its Subscriber Units comply with Motorola software security constraints. 5.2.3 COUNTY will comply with and ensure that any persons using its Subscriber Units comply with all applicable federal, staté, and local laws, statutes, regulations, and ordinances, as well as the terms and conditions of this Agreement. 5.2.4 COUNTY shall comply with any and all mandates issued by authorized regulatory agencies. 5.3 No Personal Use. COUNTY shall ensure that its Subscriber Units are used only for legitimate business-related purposes and are not used to conduct personal or unrelated business, except that which is incidental and occasional. 5.4 Removal of Persons from Radio Svstem. If a person operating a Subscriber Unit of the COUNTY fails in any way to comply as heretofore stated, the Public Safety Director, in his or her discretion, may notify the person and his or her superior that such person must be temporarily or permanently prohibited from operating à Subscriber Unit on the Radio System. Any decision of the Public Safety Director in this regard may be appealed to the Board of Commissioners by the person affected and/or by his or her superior by sending a written notice of appeal to the Chairman of the Board of Commissioners no later than thirty (30) days after receipt of the Public Safety Director's written decision, and the person affected will be prohibited from operating a Subscriber Unit pending the outcome of the appeal. An appeal will be heard at the next regularly scheduled meeting of the Board of Commissioners following the (hairman's receipt of the written notice of appeal. The Board of Commissioners will provide the Public Safety Director and the person(s) affected and/or his or her superior an opportunity to present information supporting their positions. The Board of Commissioners may uphold, reverse, or modify the decision of the Public Safety Director. The decision of the Board of Commissioners shall be final and not subject to any appeal. 5.5 Responsibility for Costs of Noncompliance or Violations. COUNTY shall be responsible for any costs related to noncompliance with or violation of any federal or state laws, statutes, regulations, or ordinances, including but not limited to fines, assessments, fees, or 7 damages, to the extent same are attributable to COUNTY or any persons authorized by COUNTY to operate a Subscriber Unit on the Radio System. COUNTY or USER shall each be responsible for costs related to their non-compliance with or violation of any Federal or State laws, statutes, regulations, or ordinances, including, but not limited to, fines, assessments, fees, or damages to the extent same are attributable to COUNTY or USER or any person authorized by COUNTY or USER to operate a subscriber unit on the radio system. 5.6 Lack of Liability for Failure of System. COUNTY shall have no liability to USERS for any failure of the radio orsystems to work as intended. ARTICLE 6 OPERATION AND MAINTENANCE OF RADIO SYSTEM 6.1 Pavment of Pro Rata Shares of Operation and Maintenance Costs. COUNTY and USERS will each pay a pro rata share of the Operation and Maintenance Costs based on the number of Subscriber Units each party possesses. At the end of each Fiscal Quarter, the COUNTY will send each USER an invoice for its pro rata share of one-fourth of the estimated annual Operation and Maintenance Costs for the current Fiscal Year, as listed in Exhibit A attached hereto. The pro rata share for each invoice will be based on the number of Subscriber Units each USER and the COUNTY had on the Radio System at the beginning of that Fiscal Quarter. Payments shall be due no later than thirty (30) days after the date of the invoice. Payments from the USERS will be held and accounted for in the Radio System Fund managed by the COUNTY. No later than the due date of invoices sent to USERS, the COUNTY will record its pro rata share of the Operation and Maintenance Costs in the Radio System Fund. 6.2 Operation and Maintenance of Radio System. COUNTY will be responsible for maintaining and supporting the core five-site infrastructure, its subsystems and components of the Radio System and paying all Operation and Maintenance Costs from the Radio System Fund. 6.3 Determining and Accounting for Actual Operation and Maintenance Costs. A good- faith estimate of the annual Operation and Maintenance Costs for the first year of the initial term of this Agreement is shown in Exhibit A attached hereto. However, actual Operation and Maintenance Costs for a particular Fiscal Year cannot be determined until the end of that particular Fiscal Year. During the first Fiscal Quarter of each Fiscal Year, the COUNTY will determine the actual Operation and Maintenance Çosts for the preceding Fiscal Year. If the sum of pro rata payments for the previous Fiscal Year exceeds the actual Operation and Maintenance Costs for that Fiscal Year, the COUNTY shall retain the excess amount as a contingency in the Radio System Fund to pay for unforeseer) future expenses related to the Radio System. If the sum of pro rata payments for the previous Fiscal Year is less than the actual Operation and Maintenance Costs for that Fiscal Year, the COUNTY shall invoice each USER their pro-rata 8 share of the deficit that is invoiced at the end of the first Fiscal Quarter of the succeeding Fiscal Year and the COUNTY will add its pro-rata share of the deficit to its corresponding recordation in the radio system fund. 6.4 Revocation of License and Termination of Agreement for Failure to Make Timely Payment. If a USER fails to make full payment within thirty (30) days of the date of an invoice, the COUNTY may send the USER written notice that the payment is overdue. If the USER fails to make payment within thirty (30) days after receiving said notice, the COUNTY may send the USER an additional written notice that the USER's license is being revoked and this Agreement is being terminated as to the USER. Said revocation and termination shall be effective as of the date of delivery ofthe written notice pursuant to Section 7.7 of this Agreement. Revocation of a USER'S license and termination of this Agreement as to that USER will not relieve USER ofthe obligation to pay amounts due to the COUNTY at the time of said revocation and termination, and such obligation shall survive the termination of this Agreement. 6.5 Distribution of Contingency Funds Upon Termination of Agreement. If this Agreement is terminated as to all parties, each party shall receive a pro rata distribution of the amount of contingency funds (if any) at the time of termination based on the number of Subscriber Units each party has at the time of termination. If this Agreement is terminated as to one or more Users, but remains in force as to the County and other Users, the terminating User or Users shall receive a pro rata distribution of the amount of contingency funds (if any) based on the number of Subscriber Units the terminating User or Users has at the time of termination. ARTICLE 7 MISÇELLANEOUS PROVISIONS 7.1 Termination of Agreement for Cause. 7.1.1 The COUNTY may terminate this Agreement for cause as to any USER in accordance with Section 3.2 or Section 6.4 of this Agreement. If the COUNTY terminates this Agreement as to one or more, but lèss than all, USERS, then the USERS who have not been terminated shall remain bound by all the terms and conditions of this Agreement for the initial term or any applicable renewalterm of this Agreement. Any USER may terminate this Agreement for cause as to that USER. For purposes of this provision, "cause" means any material breach of this Agreement by the COUNTY, including but not necessarily limited to the COUNTY'S failure to comply with any of its responsibilities set out in Articles 5 and 6 of this Agreement. If a USER alleges a material breach by the COUNTY, the USER shall provide the COUNTY with written notice of the alleged breach and the COUNTY shall be allowed thirty (30) days from receipt of the notice to cure the breach or undertake a good faith effort to cure the breach if it is not possible to cure within the thirty-day period. If the COUNTY fails to cure the breach or undertake a good faith effort to cure within the thirty-day period, then the USER may send the COUNTY an additional written notice that the USER is terminating the Agreement as to that USER; provided, however, that if the COUNTY denies that it has committed a material breach of this Agreement, then the parties shall follow the dispute resolution procedures in Section 72 of this Agreement. If one of more, but less than all, USERS terminates this Agreement for cause, then the USERS who have not terminated this 9 Agreement shall remain bound by all the terms and conditions of this Agreement for the initial term or any applicable renewal termof this Agreement. 7.2 Default or Breach: Dispute Resolution: Remedies. 7.2.1 In the event that any party to this Agreement alleges that any other party or parties is in default or breach bf any of the terms, conditions or covenants of this Agreement, then, in addition to and not in limitation of the termination provisions in Section 7.1, the party alleging default or breach may give the other party or parties written notice that specifies the alleged default or breach. The party alleging default or breach shall also send a copy of the written notice to any parties that are not alleged to be in default or breach. The party or parties allegedly in default or breach shall have thirty (30) days to cure the alleged default or breach, or to demonstrate to the other party's satisfaction that there is no default or breach, before the other party may pursue dispute resolution as set forth herein. 7.2.2 In the event the party or parties allegedly in default or breach of this Agreement fails to cure the alleged default or breach, or fails to demonstrate to the other party's satisfaction that there is no default or breach, within thirty (30) days after receiving written notice of same, then, in addition to and not in limitation of the termination provisions in Section 7.1, the other party may send a written demand for mediation to the party or parties allegedly in default or breach. The party alleging default or breach shall also send a copy of the written demand for mediation to any parties that are notialleged to be in default or breach. The parties hereto agree that in the event a written demand for mediation is made upon any party in accordance with the provisions of this Agreement, the party making the demand and the party or parties upon whom the demand is made shall both participate in good faith in such mediation in an attempt to resolve their dispute or disputes. In addition, any other party shall participate in good faith in the mediation if such party is deemed necessary to the resolution of the dispute or if such party determines that it should participate in the mediation to protect its own interests. The party making the demand and the party or parties upon whom the demand is made shall share equally the cost of such mediation. 7.2.3 The parties agree that jurisdiction and venue for any litigation initiated pursuant to this Agreement to which East Georgia State College is a party shall exclusively be in the Superior Court of Fulton County, Georgia. Jurisdiction and venue for any litigation initiated pursuant to this Agreement to which East Georgia State College is not a party shall exclusively be in the Superior Court of Emanuel County, Georgia. 10 7.2.4 The rights and rémedies provided in this Agreement are cumulative and not exclusive and are in addition to any other rights and remedies the parties may have at law, equity, or otherwise, including termination of this Agreement. 7.3 Governing Law. This Agréement and the rights and obligations of the parties hereto shall be governed, construed, and interpreted according to the laws of the State of Georgia. 7.4 Entire Agreement. This Agreement expresses the entire understanding and all agreements between the parties hereto with respect to the matters set forth herein, and any prior understandings, promises or agreements pertaining to the subject matter hereof, whether written or oral, shall be of no effect and shall not be binding on any of the parties hereto. 7.5 Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. 7.6 Amendments in Writing. This Agreement may be amended, supplemented or otherwise modified solely by a document in writing duly executed and delivered with the same formality as this Agreement by the parties hereto. No waiver, release, or similar modification of this Agreement shall be established by conduct, custom, or course of dealing, but solely by a document in writing duly executed and delivered with the same formality as this Agreement by the parties hereto. 7.7 Notices. Except as otherwise specifically provided herein, any notices, demands, approvals, consents, requests, and other communications hereunder shall be in writing and shall be deemed given when the writing is deliyered in person, or one business day after being sent by reputable overnight registered delivery $ervice, charges prepaid, or three business days after being mailed, if mailed, by certified mail, return receipt requested, postage prepaid, to the parties at the addresses shown below or at such other addresses as may be furished by a party to the other parties in writing from time to time: EMANUEL COUNTY: Jim Sherrod, Chairman oft the Board of Commissioners, or the then current Chairman ofthe Board of Commissioners 124 N Main Street Swainsboro, GA 30401 Phone: (478)2 237-3881 L. Guy Singletary, County Manager, or the then current County Manager 124 N Main Street Swainsboro, GA 30401 Phone: (478) 237-3881 11 With a Copy to: Richard McNeely, County Attorney, or the then current County Attorney 124 N Main Street Swainsboro, GA 30401 Phone: (478) 237-4225 CITY OF SWAINSBORO: Greg Bennett, Mayor, or the then current Mayor 101 West Main Street Swainsboro, GA 30401 Phone: (478) 237-7025 Herman Middlebrooks, Jr., City Manager, or the then current City Manager 101 West Main Street Swainsboro, GA 30401 Phone: (478) 237-7025 With a Copy to: Jon Levis, City Attorney, or the then current City Attorney 101 West Main Street Swainsboro, GA 30401 Phone: (478) 237-7025 CITY OF TWIN CITY: Matt Donaldson, Mayor or the then current Mayor 112 South Railroad Ave. Twin City, GA 30471 Phone: (407) 763-2695 With a Copy to: 12 George Rountree, City Attorney or the then current City Attorney 112 South Railroad Ave. Twin City, GA 30471 Phone: (407) 763-2695 CITY OF OAK PARK: Mickey F. Lindsey, Mayor or the then current Mayor 3857 Harrington Street Lyons, GA 30346 Phone: (912) 578-4115 With a Copy to: George Rountree, City Attorhey or the then current City Attorney 3857 Harrington Street Lyons, GA 30346 Phone: (912) 578-4115 CITY OF STILLMORE: Regan Slater, Mayor or the then current Mayor 307 N. 2nd Street Stillmore GA 30464 Phone: (912) 562-3529 With A Copy to: Brent Carter, City Attorney or then the current City Attorney 307 N. 2nd Street Stillmore, Georgia 30464 Phone: (912) 562-3529 13 CITY OF ADRIAN: Wynola Smith, Mayor or the then current Mayor 304 W. Main Street Adrian, GA 31002 Phone: (478) 668-3375 With a Copy to: Paul Calhoun, City Attorney or then the current City Attorney 304 W. Main Street Adrian, Georgia 31002 Phone: (478) 668-3375 CITY OF GARFIELD: Thomas Paul, Mayor or the then current Mayor 301 Monroe Street Garfield, GA 30425 Phone: (478) 763-3264 With a Copy to: William McWhorter, Jr., City Attorney or the then current City Attorney 301 Monroe Street Garfield, GA 30425 Phone: (478) 763-3264 EMANUEL COUNTY SCHOOL DISTRICT: Del Brown, Chairman of the Board of Education, or the then current Chairman of the Board of Education 201 N. Main St. PO Box 130 Swainsboro, GA 30401 Phone: (478) 237-6674 Dr. Denise Warnock, Superintendent, or the then Current Superintendent 201 N. Main St. 14 PO Box 130 Swainsboro, GA 30401 Phone: (478) 237-6674 With a Copy to: TBD, Board of Education Attorney or the then current Board of Education Attorney 201 N. Main St. PO Box 130 Swainsboro, GA 30401 Phone: (478) 237-6674 EAST GEORGIA STATE COLLEGE: Dr. David Schecter, President or the then current President East Georgia State College 131 College Circle Swainsboro, GA 30401 Phone: (478) 289-2000 With a Copy to: Courtney Patterson, Chief df Staff and Legal Counsel or the then Legal Counsel East Georgia State College 131 College Circle Swainsboro, GA 30401 Phone: 478) 289-2165 7.8 Force Maieure. Neither COUNTY nor USERS shall be responsible for any delay or failure to perform any of their obligations under this Agreement caused in whole or in part by acts of God, wars, fires, explosions, breakdowns, accidents, strikes, lockouts or other labor difficulties, lack or shortages of labor, material, utilitiès, energy sources, or any other events or circumstances not within the reasonable control of the party or parties failing to perform, whether similar or dissimilar to any of the foregoing. 7.9 Severability, If any provision of this Agreement shall be held or deemed to be 15 inoperative or unenforceable by a court of competent jurisdiction under any particular circumstances, because it conflicts with any other provision or provisions hereof or any constitution or statute or rule of public policy, or forlany other reason, such circumstances shall not have the effect of rendering the provision in questipn inoperative or unenforceable in any other circumstance, or of rendering any other provision or provisions herein contained invalid, inoperative, or unenforceable to any extent whatsoever. The invalidity of any one or more phrases, sentences, clauses, or sections contained in this Agreement shall not affect the remaining portions of this Agreement or any part thereof. 7.10 No Third-Party Beneficiaries Nothing in this Agreement, express or implied, shall give to any person, other than the parties hereto and their successors and assigns hereunder, any benefit or any legal or equitable right, remedy, or claim under this Agreement. 7.11 Time is of the Essence. Time is of the essence of this Agreement. Whenever this Agreement requires or permits a notice, communication, report or any other item to be provided within a certain number of days, the word "days,' I unless otherwise qualified, shall mean calendar days. IN WITNESS WHEREOF, the parties hereto have caused this Intergovernmental Agreement to be executed in their respective official names and have caused their respective official seals to be hereunto affixed and attested by their duly authorized officers. 16 EMANUEL COUNTY BOARD OF COMMISSIONERS - - y M By Jim Sherrod, Chairman Approved as to form: Attest: Hoeont Halei Lamb, County Clerk Rlh [SEAL] h. Richard McNeely, County Attorney 1812 MISSIO I affirm that this Agreement was duly authorized by the Governing Body at a public meeting with such approval placed on the public record. 17 CITY OF SWAINSBORO By: Greg Bennett, Mayor Approved as to form: Attest: TBD, City Clerk [SEAL] Jon Levis, City Attorney I affirm that this Agreement was duly authorized by the Governing Body at a public meeting with such approval placed on the public record. 18 CITY OF TWIN CITY By: Matt Donaldson, Mayor Approved as tof form: Attest: Eugenia Ducker, City Clerk [SEAL] George Rountree, City Attorney I affirm that this Agreement was duly authorized by the Governing Body at a public meeting with such approval placed on the public record. 19 CITY OF STILLMORE By: Regan Slater, Mayor Approved as to form: Attest: Rhonda Turner, City Clerk [SEAL] Brent Carter, City Attomey I affirm that this Agreement was duly authorized by the Governing Body at a public meeting with such approval placed on the public reçord. 20 CITY OF OAK PARK By: Mickey Lindsey, Mayor Approved as to form: George Rountree, City Attorney Attest: Courtney Soley, City Clerk [SEAL] affirm that this Agreement was duly authorized by the Governing Body at a public meeting with such approval placed on the public record. 21 CITY OF ADRIAN By: Wynola Smith, Mayor Approved as to form: Paul Calhoun, City Attorney Attest: Jennifer Roberts, City Clerk [SEAL] I affirm that this Agreement was duly authorized by the Governing Body at a public meeting with such approval placed on the public record. 22 CITY OF GARFIELD By: Thomas Paul, Mayor Approved as to form: William McWhorter, Jr., City Attorney Attest: April Whitehead, City Clerk [SEAL] I affirm that this Agreement was duly authorized by the Governing Body at a public meeting with such approval placed on the public record. 23 EAST GEORGIA STATE COLLEGE By: Dr. David Schecter, President Approved as to form: Courtney Patterson, Legal Counsel East Georgia State College Attest: Dana Wright, Executive Assistant to the President [SEAL] I affirm that this Agreement was duly authorized for and on behalf of Georgia Southem University by the signatory. 24 EMANUEL COUNTY SCHOOL By: DISTRICT Del Brown, Chaiman Approved as to form: TBD, Legal Counsel Attest: Dr. Denise Warnock, Superintendent [SEAL] I affirm that this Agreement was duly authorized for and on behalf of the Bulloch County School District by the signatory. 25 Exhibit A Annual Operations and Maintenance Budget Estimate 26 Radio Maintenance! Budget Year - Year 2 Year3 Year4 Year5 Year6 Year7 Years Year9 Year 10 Year 11 Year 12 Year13 Year14 Year15 ASTROMaintenance $ $ $216,415.00 $220,912.00 $225,496.00 $230,166.00 $234,940.00 $239,809.00 $244,776.00 $249,842.00 $ 255,010.00 $260,281.00 $:265,657.00 $271,141.00 MSIASTROLife Cycle: Services S $ $114,542.00 $114,857.00 $115,183.00 $115,518.00 $115,862.00 $116,218.00 $116,583.00 $116,960.00 $ 117,348.00 $117,748.00 $ 118,160.00 $118,584.00 Third Party Maintenances Services $ $ > 66,231.00 $ 67,432.00 $ 81,823.00 $ 85,296.00 $228,201.00 $ 92,850.00 $ 96,966.00 $101,326.00 $ 106,521.00 $112,025.00 $117,857.00 $124,042.00 Radio Service and1 Testing $ 40,605.27 $ $ 44,767.31 $ $ 49,355.96 $ $ 54,414.95 $ $ 59,992.48 Utilities $30,000.00 $ 30,600.00 $31,212.00 $ 31,836.24 $ 32,472.96 $ 33,122.42 $ 33,784.87 $ 34,460.57 $ 35,149.78 $ 35,852.78 $ 36,569.83 $ 37,301.23 $ 38,047.25 $ 38,808.20 39,584.36 Generator: Service 8,500.00 $ 8,500.00 $ 8,500.00 $ 8,500.00 $ $,500.00 $ 8,500.00 $ 8,500.00 $ 8,500.00 $ 8,500.00 $ 8,500.00 $ 8,500.00 $ 8,500.00 $ 8,500.00 $ 8,500.00 $ 8,500.00 Insurance $20,000.00 $ 20,600.00 $:21,218.00 S 21,854.54 $ 22,510.18 $ 23,185.48 $ 23,881.05 $ 24,597.48 $ 25,335.40 $ 26,095.46 $ 26,878.33 $ 27,684.68 $ 28,515.22 $ 29,370.67 $ 30,251.79 Site Maitenance/Misc Rep. & Serv. 7,500.00 $ 7,500.00 $ 7,500.00 $ 7,500.00 $ 7,500.00 $ 7,500.00 $ 7,500.00 $ 7,500.00 $ 7,500.00 $ 7,500.00 $ 7,500.00 $ 7,500.00 $ 7,500.00 $ 7,500.00 $ 7,500.00 Tower Lease 6,000.00 $ 6,000.00 $ 6,000.00 $ 6,000.00 $ 6,000.00 $ 6,000.00 $ 6,000.00 $ 6,000.00 $ 6,000.00 $ 6,000.00 $ 6,000.00 $ 6,000.00 $ 6,000.00 $ 6,000.00 $ 6,000.00 Total $ 72,000.00 $ 113,805.27 $ 74,430.00 $517,646.09 $480,184.14 $550,165.87 $510,645.92 $-714,475.99 $531,362.18 $ 602,265.72 $553,576.16 $ 565,864.91 $578,616.47 $591,852.87 $605,603.16 Jurisdiction Users Per. Swainsboro 56 11.16% $ $,031.87 $ 12,695.41 $ 8,302.95 $ 57,745.38 $ 53,566.36 $ 61,373.08 $ 56,964.48 $ 79,702.50 $ 59,275.46 $ 67,185.02 $ 61,753.52 $ 63,124.37 $ 64,546.86 $ 66,023.43 $ 67,557.32 Adrian 1.59% $ 1,147.41 $ 1,813.63 $ 1,186.14 $ $,249.34 $ 7,652.34 $ 8,767.58 $ 8,137.78 $ 11,386.07 $ 8,467.92 $ 9,597.86 $ 8,821.93 $ 9,017.77 $ 9,220.98 $ 9,431.92 $ 9,651.05 Garfield 0.80% $ 573.71 $ 906.81 $ 593.07 $ 4,124.67 $ 3,826.17 $ 4,383.79 $ 4,068.89 $ 5,693.04 $ 4,233.96 $ 4,798.93 $ 4,410.97 $ 4,508.88 $ 4,610.49 $ 4,715.96 $ 4,825.52 Twin City 12 2.39% $ 1,721.12 $ 2,720.44 $ 1,779.20 $ 12.374.01 $ 11,478.51 $ 13,151.38 $ 12.206.68 17,079.11- $ 12,701.88- $1 14,396:79 $ 13,232:90 $ 13,526.65 $ 13,831.47 $ 14,147.88 5 14,476.57 Stillmore. 1:39% $ 1,003.95 $ 1,586.93 $ 1,037.87 5 7,218.17 $ 6,695.79 S 7,671,64 $ 7,120.56 $ 9,962.81 $ 7,409.43 $ 8,398.13 $ 7,719.19 $ 7,890.55 $ 8,068.36 $ 8,252.93 $ 8,444.67 Oak Park 0.80% $ 573.71 $ 906.81 $ 593.07 $ 4,124.67 $ 3,826.17 $ 4,383.79 $ 4,068.89 $ 5,693.04 $ 4,233.96 $ 4,798.93 $ 4,410.97 $ 4,508.88 $ 4,610.49 $ 4,715.96 $ 4,825.52 East Georgia State College 1.20% S 860.56 $ 1,360.22 $ $89.60 $ 6,187.01 $ 5,739.25 $ 6,575.69 $ 6,103.34 $ 8,539.55 6,350.94 $ 7,198.40 $ 6,616.45 $ 6,763.33 $ 6,915.73 $ 7,073.94 $ 7,238.28 Board ofE Education 93 18.53% $1 13,338.65 $ 21,083.45 $13,788.82 $ 95,898.58 $ 88,958.42 $101,923.16 S 94,601.73 $132,363.08 $ 98,439.61 $111,575.12 $1 102,554.95 $ 104,831.55 $107,193.89 $109,646.05 $112,193.41 EmanuelCounty 312 62.15% 44,749.00 $ 70,731.56 46,259.28 $3 321,724.26 $298,441.14 $341,935.76 $317,373.56 $444,056.79 $:330,249.01 $374,316.54 $344,055.30 $ 351,692.93 $359,618.21 $367,844.81 $376,390.81 Total 502 100.00% $72,000.00 $113,805.27 $74,430.00 $517,646.09 $480,184.14 $550,165.87 $510,645.92 $714,475.99 $531,362.18 $602,265.72 $553,576.16 $ 565,864.91 $578,616.47 $: 591,852.87 $6 605,603.16 KAWAMECOIIMAN. DISTRICTI GUYSINGLETARY, COUNTYADMINISTRATOR RICKYTHOMPSON. DISTRICTII HALEILAMB, COUNTY CLERK 1812 HUGH FOSKEV, DISTRICT III RICHARD MCNEELY. COUNTY ATTORNEY EMANUEL COUNTY JIM SHERROD, DISTRICT IV JUSTIN MORRIS, PUBLIC WORKS DI IREC CTOR BOARD OF COMMISSIONERS: TIM. a OLIVER, DISTRICT V THE PL - C TO GROW Monday, February 17, 2025 Subject: Adoption of Intergovernmental Agreement for P-25 Radio System Access To Whom it May Concern: As you are aware, Emanuel County has made a significant investment in a P-25 compliant public safety radio system to enhance communications'a and interoperability among all public safety and governmental agencies in our county. The County has invested approximately $9 Million Dollars in this project, which includes the purchase of all necessary radios and equipment for all agencies. This system, which integrates with the Southeast Georgia Regional RadioNetwork (SEGARRN). will significantly improve our ability to coordinate emergency response efforts and ensure the safety and security of our communities. To facilitate participation in this system, the County has drafted an Intergovernmental Agreement (IGA) for the Provision of P-25 Radio System Access. This agreement outlines the framework for user participation, maintenance cost-sharing (based on user count), system maintenance, and operational expectations. The IGA has been structured to ensure fairness and sustainability while maintaining the integrity and efficiency ofthe radio system for all users. Attached you will find a copy of the agreement, the cost sharing model and estimated annual cost for participation. As a valued partner in public safety and governmental coordination, we are requesting that the agency review and formally adopt this agreement. Your participation is essential to maintaining a robust and effective communication system that serves all agencies and jurisdictions within Emanuel County. We are available to discuss any questions or concerns your team may have regarding this agreement. Additionally, ifa meeting is needed to go over the agreement in detail, we would be happy to arrange one at your convenience. Thank you for your cooperation and commitment to strengthening public safety in Emanuel County. We look forward to your continued partnershipin this essential initiative. Sincerely, Jim Sherrod Chairman