BULLOCH COUNTY BOARD OF COMMISSIONERS

BULLOCH COUNTY

BOARD OF COMMISSIONERS

AGENDA ● FEBRUARY 18, 2020

Regular Meeting North Main Annex Community Room 8:30 AM

115 North Main St, Statesboro, GA 30458

Bulloch County Updated 2/14/2020 1:20 PM

I. CALL TO ORDER, WELCOME MEDIA AND VISITORS

RESOURCE PERSON/FACILITATOR: Chairman Thompson

II. INVOCATION AND PLEDGE

RESOURCE PERSON/FACILITATOR: Commissioner Mosley

III. ROLL CALL

RESOURCE PERSON/FACILITATOR: Clerk of the Board

IV. APPROVAL OF GENERAL AGENDA


V. PUBLIC COMMENTS

RESOURCE PERSON/FACILITATOR: Audience

1. Please direct your remarks to the Board and not to individual Commissioners or to the audience. Personal

disagreements with individual Commissioners or County employees are not a matter of public concern and

personal attacks will not be tolerated.

VI. CONSENT AGENDA


1. Minutes Approval: Tuesday February 4th, 2020 05:30 PM

2. February 4, 2020 Executive Session Minutes

3. Request Approval for Bulloch County lease with Southeast Avionics, LLC

4. Resolution Declaring as Unserviceable and Authorizing Sale of Vehicles and Equipment

5. Approve the appointment of Robbie Mallard to the Region 9 EMS Advisory Council to serve a term

beginning February 18, 2020 and ending February 18, 2024

6. Motion to Approve Memorandum of Understanding Between GEMA/HS and Bulloch Emergency

Management Agency

Agenda Board of Commissioners February 18, 2020

Bulloch County Updated 2/14/2020 1:20 PM

7. Lease Agreement for Senior Center

VII. NEW BUSINESS

1. Motion to enter into an agreement with Parker Engineering for professional services in the amount of

$31,500 for surveying, design, and bid document preparation for the grading and paving of Highpoint

Circle.

RESOURCE PERSON/FACILITATOR: County Manager Tom Couch

2. Discussion and/or action Public Works - Presentation for Vertical Mowing Bid

RESOURCE PERSON/FACILITATOR: County Manager Tom Couch

3. Discuss Declaration of Taking Hood Road


VIII. COMMISSION AND STAFF COMMENTS

RESOURCE PERSON/FACILITATOR: Chairman Thompson et al

IX. EXECUTIVE SESSION (PERSONNEL)


X. ADJOURN


Bulloch County Board of Commissioners

Agenda Item Summary

Department Making Request:

Airport

Meeting Date: February 18, 2020

Requested Motion or Item Title:

Request Approval for Bulloch County lease with Southeast Avionics, LLC

Summary / Background Attach Detailed Summary:

Southeast Avionics, LLC, wishes to lease Maintenance Hangar, Building 15, at 127 Airport Drive at the

Statesboro-Bulloch County Airport. The Airport Committee recommended approval.

Agenda Category Financial Impact Statement

Consent Agenda Budgeted Item? NO Amendment or

Transfer Required? NO

Attach Detailed Analysis, If Needed:

Agenda Item Review and Approval

Review:

Clerk of BoardPending

Legal Pending

County Manager Pending

Board of Commissioners Pending 02/18/2020 8:30 AM

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STATE OF GEORGIA

COUNTY OF BULLOCH

LEASE AGREEMENT

This lease agreement is entered into this 1st day of February, 2020 by and between the

BULLOCH COUNTY BOARD OF COMMISSIONERS, as party or parties of the first part

(hereinafter referred to as “Lessor”) and JEREMY HILL and SOUTHEAST AVIONICS, LLC, as

party or parties of the second part (hereinafter “Lessees”).

WITNESSETH:

For and in consideration of the mutual covenants and obligations contained herein, the parties

hereto agree as follows:

1. LEASED PROPERTY

Lessor hereby leases to Lessees upon the terms and conditions contained herein, and Lessees

hereby agree to lease on the terms and conditions contained herein, Maintenance Hangar Building 15

at 127 Airport Drive at the Statesboro-Bulloch County Airport (hereinafter “the Leased Property”),

together with all the improvements, tenements, hereditaments, appurtenances, easements, and rights

belonging or in any way appertaining thereto, including the right of ingress and egress to and from

the Leased Property.

2. LEASE TERM AND TERMINATION

The initial term of this lease shall be for a period of eleven (11) months, commencing on

February 1, 2020 and ending on December 31, 2020. Thereafter, this lease shall automatically renew

for additional one-year terms unless either party provides to the other written notice of an intent not

to renew no later than thirty (30) days prior to the expiration of the then-current term. Provided,

however, that if either party breaches any of the provisions of this lease, the other party may

terminate this lease after giving the breaching party fifteen (15) days’ written notice of its intent to

terminate, which written notice shall specify the reasons for termination. If the breaching party

promptly cures the breach, the terminating party may (but is not required to) rescind the termination

in writing. Provided further that this lease may be terminated without such notice, at any time and

for any reason, upon mutual consent of the parties.

3. RENTAL

Lessees shall pay to Lessor rental of Eight Hundred and No/100 Dollars ($800.00) per month. Rental

payments shall be due on the first business day of each month in advance. Lessees may be granted a

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Ten (10) day grace period to make said monthly rental payments. Lessees will be assessed a late fee

of fifteen (15) percent, or One Hundred Twenty Dollars and No/100 ($120.00), for exceeding the ten

(10) day grace period. The initial rental payment of Eight Hundred and No/100 Dollars ($800.00)

due on January 1, 2019 shall be paid prior to Lessees’ occupation of the Leased Property. Lessees

agree to provide Lessor with a credit card to be kept on file. Lessor will run this card daily in order

to pay for any fuel purchased each day. Fuel may not be charged to the account.

4. SUBORDINATION

This lease is subordinate to Statesboro/Bulloch /County’s federal and state obligations and all

Lessees must comply with current and future federal grant assurances and conditions of state aid. If

there is any conflict between the terms of this lease and any federal grant assurances, the grant

assurances will take precedence and govern. This lease is also subordinate to all local ordinances

and codes.

5. UTILITIES

5.1 Lessees shall maintain and pay for all utility services to the Leased Property,

including but not limited to electricity, water, sewer, gas, and telephone service.

5.2 Lessees shall not install any equipment that will exceed or overload the capacity of

any utility systems servicing the Leased Property. If Lessees desire to install equipment that will

require additional or upgraded utility services, Lessees shall first obtain Lessor’s written permission,

and the additional or upgraded utility services shall be installed at Lessees’ expense in accordance

with plans and specifications approved in writing by Lessor.

6. IMPROVEMENTS AND REMOVAL OF FIXTURES

6.1 Lessees shall not, without the prior written permission of Lessor, make any

improvements or changes that would (i) affect a vital and substantial portion of the Leased Property;

(ii) change the characteristic appearance of the Leased Property; (iii) require structural or functional

modifications to the Leased Property; (iv) alter the fundamental purpose of and uses contemplated

for the Leased Property; or (v) affect the very realty itself.

6.2 All trade fixtures and trade apparatus owned and installed by the Lessees on the

Leased Property shall, subject to Lessor’s remedies upon default, remain property of Lessees and

shall be removable at any time prior to the expiration of the initial lease term, or any extensions or

renewals thereof.

6.3 Any improvements placed on or attached to the Leased Property by Lessees which are

not removable without damage to the Leased Property shall be deemed fixtures and shall remain

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with the Leased Property and pass to Lessor upon termination of this lease.

7. MAINTENANCE AND REPAIRS

7.1 Lessees have a duty to maintain the Leased Property in substantially the same

condition as at the beginning of the initial lease term, normal wear and tear excepted. Lessees

assume the responsibility for general repair and regular maintenance of the Leased Property, whereas

Lessor assumes all other responsibilities.

7.2 Lessees shall maintain the area around the exterior of the building in a clean condition

and shall not use this exterior area for the storage of any materials or equipment, including but not

necessarily limited to old vehicles, machine parts, or tools.

7.3 Lessor retains the right to enter upon the Leased Property, by appointment only,

during regular business hours to make necessary repairs to maintain the structural integrity of the

Leased Property and to inspect the Leased Property for waste. In case of an emergency, Lessor

reserves the right to enter leased premises and structures without notice. Upon termination of this

lease, Lessor shall inspect the Leased Property to ensure that it is returned in a good state of repair,

normal wear and tear excepted.

8. TAXES

During the term of this lease, including any renewals or extensions thereof, Lessees shall be

responsible for any and all taxes related to Lessees’ use of the Leased Property.

9. ENVIRONMENTAL DUE DILIGENCE

During the term of this lease, and any renewals or extensions thereof, Lessees shall adhere to

all federal, state, and local laws, regulations, rules, procedures, and guidelines related to protection

of the environment and shall not utilize the Leased Property in any manner that would expose Lessor

to any form of environmental or toxic tort liability. Lessees shall notify Lessor immediately in

writing of any environmental accidents or spills. Furthermore, Lessees shall notify Lessor

immediately in writing of any threatened or pending environmental actions asserted against Lessees

by public or private entities.

10. INDEMNITY AND HOLD HARMLESS

10.1 Lessees shall indemnify Lessor against and hold Lessor harmless from any and all

liabilities, claims, damages, losses, actions, and expenses (including, without limitation, reasonable

attorney’s fees) suffered or incurred by Lessor as a result of:

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(a) Lessees’ failure to perform any of its obligations under this lease;

(b) To the extent attributable to Lessees’ negligence or willful misconduct, any

accident, injury, or damage happening on or about the Leased Property, or resulting

from the condition, maintenance, or operation of the Leased Property; or

(c) Lessees’ failure to comply with any governmental requirements, including, but

not limited to, governmental requirements related to the maintenance of the

environment.

10.2 To the extent that any of the following arises from or is contributed to by any action

or failure to act of Lessees, Lessees shall hold Lessor harmless from, and indemnify Lessor against,

any and all claims, demands, obligations, penalties, suits, administrative actions, liabilities,

settlements, damages, losses, costs or expenses (including, without limitation, reasonable attorney’s

and consultant’s fees and expenses, investigation and laboratory fees and expenses, cleanup costs,

court costs, and other litigation expenses) of every kind or nature, known or unknown, contingent or

otherwise, arising out of or in any way related to:

(a) The presence, disposal, release, threatened release, removal or production of any

hazardous substances, solid wastes or hazards which are on, in, from or affecting any

portion of the Leased Property;

(b) Any personal injury (including wrongful death) or property damage (whether real

or personal) arising out of or related to such hazardous substances, solid wastes or

hazards which are on, in, from or affecting any portion of the Leased Property; or

(c) Any lawsuit or administrative action brought or threatened by any governmental

authority, or any settlement reached with or order issued by any governmental

authority, relating to such hazardous substances, solid wastes or hazards on, in, from

or affecting any portion of the Leased Property.

10.3 For purposes of section 10 of this lease, the term “Lessor” includes the Lessor and its

employees, agents, shareholders, administrators, and board members. Upon written notice and

request from Lessor, the Lessees shall contest or defend any demand, claim, suit, proceeding or

action with respect to which Lessees have herein agreed to indemnify Lessor. Lessees shall further

reimburse Lessor upon written demand for any losses, costs or expenses incurred by Lessor in

connection with any matter for which Lessees have herein agreed to indemnify Lessor. The

provisions of this paragraph shall be in addition to any other rights or remedies Lessor may have

against Lessees at common law, in equity, or under any other provisions of this lease.

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11. INSURANCE

11.1 While the Lessor intends to maintain fire and casualty insurance on the Leased

Property, such insurance shall not cover the contents of the Leased Property. The Lessees shall be

responsible for maintaining any desired insurance on the contents of the Leased Property.

11.2 Lessees shall maintain comprehensive general premises liability insurance in an

amount of not less than One Million Dollars and No/100 ($1,000,000.00) per occurrence. Such

insurance shall not exclude aviation-related activity at airports from its coverage; or, if the policy

contains such an exclusion, Lessees shall purchase an endorsement to the policy adding such

coverage. Lessor shall be named as an additional insured on the commercial general liability

insurance policy.

11.3 Lessees shall annually provide Lessor with satisfactory proof that the insurance

policies required under this lease are in force. Lessor’s failure to request such proof of insurance

shall not waive Lessor’s right to insist upon proof of the required insurance at any time.

12. LIMITED PURPOSE AND MINIMUM REQUIREMENTS

12.1 Lessees shall use the Leased Property solely for aviation purposes and shall abide by

the Standards of Operator Conduct as they now exist or may be modified in the future by Lessor.

Lessees shall not use the Leased Property for any purposes unrelated to aviation without obtaining

the prior written permission of Lessor.

12.2 The failure of Lessees to comply with any of the conditions or requirements set forth

in this Section 12 shall be considered a material breach of this lease and shall be grounds for

termination thereof. This statement shall in no way limit or restrict the materiality of the breach of

any other provisions of this lease but is merely intended to emphasize the materiality of the

provisions in Section 12.

13. ASSIGNMENT AND SUBLETTING

Lessees may not, without the prior written consent of Lessor, assign or sublet this lease or

any portion thereof, or permit the use of the Leased Property by any party other than Lessees, and

any purported assignment without Lessor’s consent shall be null and void. Lessor’s consent to one

or more assignments or subleases shall not constitute a waiver of this provision by Lessor. Any

assignees or subtenants permitted by Lessor shall become directly liable to Lessor for all obligations

under this lease, but this shall not relieve Lessees of their liability to Lessor for all obligations under

this lease.

14. RIGHTS CUMULATIVE

All rights, powers, and privileges conferred upon the parties by this lease shall be cumulative

but not restrictive to those given by law.

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15. CONSTRUCTION OF THIS AGREEMENT

This lease shall be construed and interpreted in accordance with the laws of the State of

Georgia. The interest in the Leased Property created herein shall be deemed a usufruct and not an

estate for years or a leasehold estate.

16. SERVICE OF NOTICE

All notices required by law or by this lease to be given to the parties shall be given by

depositing same in registered or certified U.S. Mail, postage prepaid, and addressed as follows:

For the Lessees:

Jeremy Hill

Southeast Avionics, LLC

100 Airport Drive

Statesboro, GA 30461

For the Lessor:


Attn: County Manager

115 North Main Street

Statesboro, Georgia 30458

Note: For purposes of sending notice to Lessees, a single notice addressed to both Lessees and sent

to the above address shall be deemed sufficient notice to both Lessees.

17. QUIET ENJOYMENT

Lessor hereby covenants to permit Lessees quiet enjoyment of the Leased Property during the

term of this lease, and any renewals or extensions thereof, so long as Lessees shall fulfill their

obligations under this lease.

18. SUCCESSORS AND ASSIGNS

This lease shall be binding upon and inure to the benefit of the Lessor and the Lessees and

their respective successors and assigns.

19. TIME OF THE ESSENCE

In all instances where Lessees are required by the terms and provisions of this lease to pay

any sum or do any act at a particular time or within any indicated period, it is understood and agreed

that time is of the essence.

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20. JOINT AND SEVERAL LIABILITY

Lessees shall be jointly and severally liable for all their obligations under this lease, including

but not limited to the obligation to pay rental.

IN WITNESS WHEREOF, the parties have hereunto set their hands and seals.

LESSOR: LESSEES:

BULLOCH COUNTY BOARD SOUTHEAST AVIONICS, LLC

OF COMMISSIONERS

By: ________________________ By: ____________________________________

Roy Thompson, Chairman Jeremy Hill, Member

Attest: _____________________

Olympia Gaines, Clerk

JEREMY HILL

By: ___________________________________

Jeremy Hill

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Agenda Item Summary


Purchasing



Resolution Declaring as Unserviceable and Authorizing Sale of Vehicles and Equipment


The attached resolution declares as unserviceable (i.e., surplus) and authorizes the sale of certain vehicles and

equipment that are no longer needed for County purposes. Approval is recommended.






Review:

Olympia Gaines Pending


Tom Couch Completed 02/13/2020 8:08 AM

Jeff Akins Completed 02/13/2020 8:08 AM

Whitney Richland Completed 02/13/2020 8:15 AM

Andy Welch Completed 02/13/2020 8:24 AM

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State of Georgia County of Bulloch

THE BULLOCH COUNTY BOARD OF COMMISSIONERS

RESOLUTION # 2020 - ____

WHEREAS, Bulloch County owns and holds good title to the vehicles, equipment, and/or other personal property listed in Exhibit “A” attached hereto (hereinafter collectively referred to as “the property”); and WHEREAS, the Bulloch County Board of Commissioners finds that the property listed in Exhibit “A” attached hereto cannot be beneficially or advantageously used by the County under all circumstances;

NOW THEREFORE, BE IT RESOLVED by the Bulloch County Board of Commissioners that the property listed in Exhibit “A” attached hereto is hereby declared to be unserviceable property and the County Manager or his designee is hereby authorized to sell by internet auction of said property for the most advantageous price obtainable or dispose of said property and remove from County inventory. SO BE IT RESOLVED this 18th day of February, 2020. BOARD OF COMMISSIONERS OF BULLOCH COUNTY, GEORGIA By:___________________________________ Roy Thompson, Chairman Attest:________________________________ Olympia Gaines, Clerk

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Exhibit “A”

Vehicles for Internet Auction or Disposal Department Description VIN Title

Recreation

2002 Ford F-150 (odometer may not work)

1FTRF17L72KD68940

Recreation

2002 Ford F-150

1FTRF17L72KD68939

Recreation

2007 Ford F-150

1FTRX12W47FB64014

Recreation

1997 Dodge Ram 3500; 15 Passenger Van

2B5WB35YXVK585981

Equipment for Internet Auction or Disposal Department Description Serial #

Recreation

1984 John Deere 650 Tractor

CH650S01179

Recreation

2007Yamaha U-Max Utility Vehicle

Ju5-300163

Recreation

2009 John Deere TS Gator Utility Vehicle

MO4X2SD040352

Recreation


MO4X2SD052150

Recreation


1MO4X2SJTCMO71886

Recreation

2007 Smithco Superstar X-Treme Infield

Machine

J45-003

Recreation

Woods Brushbull BB7200 Tractor

Implement

947644

Recreation

2001 Custom Built 6’10”x16’ Landscape

Trailer

Recreation

2005 Transhaul 12’x6’ Tartan Trailer

5KNEB12145G003639

Recreation

2013 Cargo Trailer 6x12 cargo

53NBE121XD1012358

Recreation

2013 Dorsey 6x12 cargo trailer

5NHUNS21XCU102873

Recreation

Blue Bird SC18 Sod Cutter

051350374

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Recreation

John Deere AC2000EH Pressure Washer

15005015

Recreation

10’ Merry-Go-Round (does not meet safety standards)

Recreation

Portable Pitching Mound – fiberglass with a brown turf cover, 8 ft. wide and 12

ft. long, 300 to 325 lbs.; will need some work, slightly defective

Recreation

5 Rolls of Green PVC coated 9 gauge fence wire; 10’ tall x various lengths

Recreation

9 Rolls of Green PVC coated 11 gauge fence wire; 10’ tall x various lengths

Recreation

2 Rolls of Black PVC coated 11 gauge fence wire; 8’ tall x various lengths

Recreation

Irrigation Pump & Accessories: US Electric Motor - Vertical shaft electric motor

40HP, 3 phase, 1775 rpm; Simmons – discharge head w/check valve and pump,

6” discharge

Recreation



6” discharge

Recreation



4” discharge

Recreation

Simmons – 8’ double heck valve

Recreation

Simmons – 8” Cla-Valve

The following items must be sold together as one unit.

Recreation AquaControl, Crown Gusher – Pond Aerator w/lights 3 phase, 2 Hp motor

Recreation AquaControl, Crown Gusher – Pond Aerator w/lights 3 phase, 2 Hp motor

Recreation AquaControl, Trillium – Pond Aerator w/lights 3 phase, 2 Hp motor

Recreation AquaControl, Fountain Controllers and wiring – controllers and wire for each

fountain; wire lengths approximately 250’, 350’, and 550’

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Agenda Item Summary


Emergency Medical Service



Approve the appointment of Robbie Mallard to the Region 9 EMS Advisory Council to serve a term beginning February 18,

2020 and ending February 18, 2024


The purpose of the EMS Council is to coordinate, facilitate the improvement of, and maintain a quality

emergency medical services system in the twenty-four (24) counties comprising EMS Region 9: Appling,

Atkinson, Bacon, Brantley, Bryan, Bulloch, Camden, Candler, Charlton, Chatham, Clinch, Coffee, Effingham,

Evans, Glynn, Jeff Davis, Liberty, Long, McIntosh, Pierce, Tattnall, Toombs, Ware, and Wayne. All members

shall serve a term of four (4) years with terms staggered so that 25% of members are appointed each year.






Review:

Doug Vickers Pending

Olympia Gaines Pending

Brian Hendrix Pending


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Agenda Item Summary


Public Safety Admin



Motion to Approve Memorandum of Understanding Between GEMA/HS and Bulloch Emergency Management Agency


This is an annual agreement executed between parties. See attached agreement.






Review:




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Memorandum of Understanding (MOU) Instructions 1. The MOU consists of a 7-page document and 1 Exhibit (A); 8 pages total. All

documents must be completed and returned to Georgia Emergency Management and Homeland Security Agency (GEMA/Homeland Security) with the appropriate signatures.

2. The MOU and Exhibit A should be filled out electronically. If you cannot fill it out

electronically, please make sure to print all of the required information. 3. To complete the MOU and Exhibit A, use either the tab key or the arrow keys

to move through the pages field by field. All fields must be completed prior to submission.

4. Once all required information has been entered into the fillable fields of the

MOU and Exhibit A; print the entire document.

5. The last page of the MOU document, before Exhibit A, requires the signature of the Chief Elected/Appointed Official or the Chief Executive Officer, title, telephone and date of signature. The MOU also requires the signature of a witness.

6. Exhibit A (Designation of Applicant’s Agent) requires the signature of the

Chief Elected/Appointed Official or the Chief Executive Officer, title, telephone and date of signature. An email address is required to obtain access to the system (all email addresses must be unique; no duplicates are allowed).

7. Please Note: The same person must sign the MOU and Exhibit A.

8 Once the documents are complete and signed, they must be sent to the following

email address: [email protected]

Note: If email is unavailable to you, a paper copy may be submitted to the address below. Please note that this may slow the process of obtaining access to the Georgia EMGrantsPro system as it will need to be scanned and uploaded by our staff.

GEMA/Homeland Security Post Office Box 18055 Atlanta, Georgia 30316 ATTN: Preparedness Grants and

Programs Division

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mailto:[email protected]

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Memorandum of Understanding (MOU)

BY and BETWEEN

GEORGIA EMERGENCY MANAGEMENT AND HOMELAND SECURITY AGENCY

AND

BULLOCH COUNTY EMERGENCY MANAGEMENT AGENCY

This Memorandum of Understanding (Agreement) made and entered into between the

Georgia Emergency Management and Homeland Security Agency, hereinafter referred to as

the “GEMA/Homeland Security” and Bulloch County Emergency Management Agency.

officially domiciled at 17245 Highway 301 North, Statesboro, Georgia. 30458

hereinafter referred to as Subgrantee relating to application for grants under the U. S.

Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA)

Emergency Management Performance Grant (EMPG).

WHEREAS, GEMA/Homeland Security as the State Administrative Agency (SAA), on behalf

of the State of Georgia, is the Grantee receiving funding under the DHS FEMA EMPG as

authorized under Section 662 of the Post-Katrina Emergency Management Reform Act of

2006 (PKEMRA), as amended, (Pub. L. No. 109-295) (6 U.S.C. 762); the Robert T. Stafford

Disaster Relief and Emergency Assistance Act, as amended (Pub. L. No. 93-288) (42 U.S.C.

5121 et seq.); the Earthquake Hazards Reduction Act of 1977, as amended (Pub. L. No. 95-

124) (42 U.S.C. 7701 et seq.); and the National Flood Insurance Act of 1968, as amended

(Pub. L. No. 90-448) (42 U.S.C. 4001 et seq.) and has the fiduciary responsibility to ensure

those funds are spent on eligible Subgrantee facilities and activities, and are properly

reimbursed to the Subgrantee; and

WHEREAS, the agreement is part of the referenced Subgrantee’s application and profile

record in the Georgia EMGrantsPro system and will become effective and binding upon

approval by GEMA/Homeland Security;

NOW, THEREFORE, in consideration thereof, the parties hereby agree as follows:

Responsibilities of the Subgrantee

The Subgrantee is primarily responsible for compliance with and agrees to obtain a working

knowledge of the above-mentioned Acts and all applicable DHS FEMA regulations as

provided in all applicable Subparts of 2 Code of Federal Regulations (CFR) Part 200 and 44

CFR that govern the EMPG and shall adhere to the application of those above-mentioned

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Acts and those applicable regulations and policies as a condition for acceptance of and

expenditure of said DHS FEMA funding.

As a further condition for the acceptance of and expenditure of DHS FEMA funding, the

Subgrantee hereby agrees to follow all GEMA/Homeland Security guidelines,

regulations and directives, to include but not to limited to the following:

• Use gema.ga.gov and gaemgrants.com, as applicable to access forms, request time

extensions and submit requests for reimbursements with supporting documentation.

• The Subgrantee shall assure that all project documents are made available to

GEMA/Homeland Security, DHS FEMA, Office of Inspector General (OIG) or to any

state or federal agency as determined by GEMA/Homeland Security, to include but

not limited to: procurement policies, accounting policies, and all other documentation

substantiating eligible costs.

• All records, reports, documents and other materials delivered or transmitted to

GEMA/Homeland Security by the Subgrantee shall become the property of

GEMA/Homeland Security.

• The Subgrantee will be required to execute a separate subgrant agreement for

EMPG in addition to this MOU.

• The Subgrantee agrees to monitor gema.ga.gov and gaemgrants.com for any

changes in law, regulations, policy or procedure which affects the Subgrantee’s grant

requirements.

• The undersigned, as the appointed agent of the Subgrantee hereby declares that

the individuals named herein as the Subgrantee’s agents are knowledgeable of the

requirements outlined herein.

The subgrantee hereby acknowledges that failure to adhere to all applicable state and

federal law, regulations, policies and directives may result in suspension and/or

termination of funding/reimbursements and/or all or part of the de-obligation of

previously received funding.

Responsibilities of GEMA/Homeland Security

• GEMA/Homeland Security agrees to maintain gaemgrants.com subject to the

availability of funding.

• GEMA/Homeland Security shall, through the Subgrantee’s assigned Program

Manager and Grant Specialist, review Subgrantee’s requests for advancement of

funds, assist Subgrantee in correcting deficiencies, and disburse funds to the

Subgrantee in a timely manner as possible.

• GEMA/Homeland Security shall communicate to the Subgrantee, in a timely manner,

any changes in law, regulations, policy or procedure which affects the Subgrantee’s

grant requirements through gaemgrants.com, gema.ga.gov and/or the appropriate

alternate methods of communication.

• GEMA/Homeland Security shall provide technical assistance to assist the Subgrantee

in the formulation and management of its DHS FEMA grants (see Disclaimer

paragraph herein below).

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Terms of Agreement

This MOU shall remain in full force and effect for the duration of any DHS FEMA grants

Subgrantee receives, including the record retention period. Any changes in regulations,

policies or procedures applicable to EMPG funding shall constitute an amendment to

this Agreement.

Limitation of Liability

The Subgrantee acknowledges that this MOU is intended for the benefit of the Grantee

and the Subgrantee and does not confer any rights upon any third parties. Furthermore,

the Subgrantee hereby agrees to hold harmless and indemnify Grantee from any actions

or claims brought on behalf of any third parties, including those to whom services or

materials are provided under any project funded by the DHS FEMA EMPG.

Disclaimer

In its capacity as the Grantee and state fiduciary of (DHS FEMA) and other federal grant

funds, GEMA/Homeland Security provides technical assistance to current and potential

Subgrantees (collectively referred to as “Subgrantees”) of the FEMA EMPG.

Technical assistance includes the application of specific knowledge to a specific

situation in order to address a specific need and as such is not a legal opinion or an

endorsement of the Subgrantee’s grants management practice. GEMA/Homeland

Security does not render legal opinions to Subgrantees, but rather provides information

intended to assist a Subgrantee prudently manage its own grants management program

by employing effective methods and sound practices to manage DHS FEMA grants.

Technical assistance and other grants management information provided by

GEMA/Homeland Security and adopted by the Subgrantee, does not serve as

GEMA/Homeland Security’s endorsement of the Subgrantee’s grants management

practice and does not relieve the Subgrantee of the responsibility of assuring that its

grants management practice is in compliance with applicable laws, regulations and

policies as required by the DHS FEMA EMPG.

The Subgrantee, by its decision to participate in the EMPG, bears the ultimate

responsibility for ensuring compliance with all applicable state and federal laws,

regulations and policies, and bears the ultimate consequences of any adverse decisions

rendered by GEMA/Homeland Security, DHS FEMA, or any other state and federal

agencies with audit, regulatory, or enforcement authority. Throughout the grants

management process, GEMA/Homeland Security, as the state fiduciary of this federal

funding, reserves the right to demand that the Subgrantee comply with all applicable

state and federal laws, regulations and policies, require refund of advanced funds and

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take any and all other actions it deems appropriate to protect those funds for which it is

responsible.

Additional Laws and Policies

The Subgrantee agrees to abide by the requirements of the following as applicable: Title

VI and VII of the Civil Rights Act of 1964, as amended by the Equal Opportunity Act of

1972, Federal Execution Order 11246, the Federal Rehabilitation Act of 1973, as

amended, the Vietnam Era Veteran’s Readjustment Assistance Act of 1974, Title IX of

the Education Amendments of 1972, the Age Act of 1975, and the Americans with

Disabilities Act of 1990.

The Subgrantee agrees not to discriminate in its employment practices, and will render

services under this Agreement without regard to race, color, religion, sex, national origin,

veteran status, political affiliation, or disabilities.

Any act of discrimination committed by the Subgrantee or failure to comply with these

statutory obligations, when applicable, shall be grounds for termination of this

Agreement.

Notices

All notices and other communications pertaining to this Agreement shall be in electronic

format and/or writing and shall be transmitted either by email, personal hand delivery

(and receipted for) or deposited in the United States Mail, as certified mail, return receipt

requested and postage prepaid, to the other party, addressed as follows:

GEMA/Homeland Security

Post Office Box 18055

Atlanta, Georgia 30316

ATTN: Preparedness Grants and Programs

Or

[email protected]

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IN WITNESS WHEREOF, the parties have executed this Agreement on the day, month and year first written above. WITNESSES:

State’s Witness State Coordinating Officer

Name: Sheneka Turner Name: Ceporia McMillian

Date

Telephone Number: (404) 635-7095

Subgrantee’s Witness Chief Elected/Appointed Official

Name: Edwin L. Wynn, Jr or Chief Executive Officer

Name: Thomas Couch

Title: County Manager

Date 2/4/2020

Telephone Number: (912)764-6245

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Exhibit A

Designation of Applicant’s Agent

Provide the information below for 1 primary, 1 alternate (optional), 1 authorized and 1 financial individual that will be designated as agents. Changes to the below authorized agents must be communicated to GEMA/Homeland Security in the manner as detailed above within fourteen (14) days of such change.

Primary Agent’s Name: Edwin L. Wynn, Jr.

Title: Public Safety/EMA Director

Telephone number: 912-489-1661

Email Address: [email protected]

Alternate Agent’s Name (Optional): Click or tap here to enter text.

Title: Click or tap here to enter text.

Telephone number: Click or tap here to enter text.

Email Address: Click or tap here to enter text.

Authorized Agent’s Name: Thomas Couch




Financial Agent’s Name: Whitney Richland

Title: Chief Financial Officer



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I, as Chief Elected or Appointed Official of the Subgrantee am authorized to execute and file an Application for the Emergency Management Performance Grant Program on behalf of the Subgrantee for the purpose of obtaining funding under the above-mentioned Acts. The above named agent(s) is/are authorized to represent and act on behalf of the Subgrantee in all dealings with the State of Georgia on all matters pertaining to the management of grants as required by this MOU.

Chief Elected/Appointed Official Date

or Chief Executive Officer

Name: Thomas Couch


Telephone Number: 912-764-6245

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Agenda Item Summary


County Manager



Lease Agreement for Senior Center


Community Development Block Grant requirements pertaining to the construction of the new Bulloch County

Senior Center provide for having a lease agreement with Action Pact, Inc., of Waycross, Georgia who will

occupy the facility. Bulloch County will share certain maintenance and operating responsibilities as described

in the agreement. Action Pact has agreed to the terms and conditions.






Review:

Cindy Steinmann Pending

Tom Couch Pending


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STATE OF GEORGIA

COUNTY OF BULLOCH

LEASE AGREEMENT

THIS LEASE AGREEMENT, referred to as “Agreement”, effective as of the ___ day of _____ 20__, by and between BULLOCH COUNTY BOARD OF COMMISSIONERS, a political subdivision of the State of Georgia and body public (hereinafter referred to as “Lessor”), and ACTION PACT, INC., a private non-profit corporation organized and existing under the laws of the State of Georgia, (hereinafter referred to as “Lessee”).

RECITALS:

WHEREAS, Lessor is the owner of certain land with improvements thereon located, having an address known as 235 GRANADE STREET, STATESBORO, GA (the “premises”); and WHEREAS, Lessee desires to obtain use of the premises for operation of its SENIOR NUTRITION program(s); and WHEREAS, the use of the premises will not interfere with any of the operations of Lessor, and will provide in-kind public support for the use of the premises for the purposes identified herein, and WHEREAS, Lessor does not wish to increase its potential for liability for any damages which may be incurred by the use of the premises. NOW THEREFORE, in consideration of One Dollar ($1.00), the above recitals, the terms and covenants of this Agreement, and other valuable consideration, the receipt of which is acknowledged, the parties agree as follows:

PREMISES 1.

Lessor shall provide Lessees with the non-exclusive use and access to the premises, located at 235 GRANADE STREET, STATESBORO, GA. Said Lessee does hereby agree and accept said premises, and take upon the terms and conditions which hereinafter appear.

TERM 2.

The use of the premises shall be for a term of twelve (12) months from the date of the execution of this Agreement. This Agreement shall automatically be renewed on its anniversary date for additional one (1) year terms unless written notice that the Agreement shall terminate is given by either party at least ninety (90) days before the expiration date. If the Agreement is not terminated after giving the required notice, and the premises continues to be occupied, the tenancy shall continue on a month-to-month basis until terminated as provided herein below.

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USE OF PREMISES 3.

Said exclusive use of the premises by Lessee shall be for the purpose of operating its SENIOR NUTRITION program(s).

PROHIBITED USES 4.

Lessee shall not commit or permit the commission of any acts on the premises nor use or permit the use of the premises in any way that:

(a) Will increase the existing rates for or cause cancellation of any fire, casualty, liability, or other insurance policy insuring the premises or the contents;

(b) Violates or conflicts with any law, statute, ordinance, or governmental rule or regulation, whether now in force or hereinafter enacted, governing the premises;

(c) Obstructs or interferes with the rights of neighbors or injures or annoys them; (d) Constitutes the commission of waste on the premises or the commission or maintenance of

a nuisance; or (e) Violates the terms and conditions of any grant. In the event of such violation, Lessor

reserves the right to correct the violation in any manner it deems appropriate, and the rights of the Lessee under this lease shall be subordinate to the right of the Lessor to protect its interest in preserving the grant.

UTILITIES

5. Lessee shall pay water, gas, electricity, trash, and telecommunications bills for the premises occupied, or used by Lessee in connection therewith, and shall contract all desired services in Lessee’s name. In this respect, the parties shall cooperate with each other to make arrangements for the utility services thus provided to be billed separately. In the event such billing is not feasible or practicable, the estimated cost for such utility services shall be obtained through the respective provider of such utility services and the estimation of cost for same utility services shall be controlling between the parties thereto.

MAINTENANCE AND REPAIRS 6.

The Lessor shall assume responsibility for the required maintenance of the improvements to the premises, which shall include the exterior walls, roof, electrical, plumbing, HVAC system, and parking lot. Lessor shall also be responsible for the maintenance and payment of the termite control, security and fire alarm system, dishwasher, ice machine, and cooking ventilation system. Lessee shall, at all times during the term of this Agreement and any renewal or extension thereof, maintain the yard areas actually used by Lessee, and shall also maintain the interior of the premises, including walls, floors, and ceilings, in a good, clean, operable, and safe condition. Maintenance by Lessee shall include repair and replacement of items such as, light bulbs, HVAC filters, phone and data lines, etc.; and Lessee shall provide for indoor pest control. On expiration or sooner termination of this Agreement, Lessee shall surrender the premises to Lessor in as good condition and repair as they are in on the date of this Agreement, normal wear and tear excepted.

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ALTERATIONS 7.

Lessee shall not make or permit any other person to make any alterations to the premises without the prior written consent of Lessor. Should Lessor consent to the making of any alterations to the premises by Lessee, the alterations shall be made at the sole cost and expense of Lessee by a contractor or other person selected by Lessee and approved in writing before work commences by Lessor. Lessor at its option, may make any alterations to the premises deemed necessary and proper for the benefit of Lessor, at Lessor’s expense. Any and all alterations, additions, or improvements made to the premises shall on expiration or sooner termination of this Agreement become the property of Lessor and remain on the premises; provided, however, that on expiration or sooner termination of this Agreement and written demand being given by Lessor, Lessee shall, at Lessee’s sole cost and expense, remove all alterations, additions, and improvements made to the premises by Lessee which are not considered fixtures, and pay all costs of repairing any damages to the premises caused by their removal.

NO ASSIGNMENT OR SUB-AGREEMENT 8.

Lessee shall not encumber, assign, or otherwise transfer this Agreement, any right or interest in this Agreement, or any right or interest in the premises without prior expressed written consent of Lessor. Neither shall Lessee sublet the premises or any part thereof or allow other persons, other than Lessee’s agents and servants, to occupy or use the premises or any part thereof without prior written consent of Lessor. A consent by Lessor to one assignment, subletting, or occupation and use by another person shall not be deemed to be a consent to any subsequent assignment, subletting, or occupation and use by another person. Any encumbrance, assignment, transfer, or subletting without the prior written consent of Lessor, whether it be voluntary or involuntary, by operation of law or otherwise, is void and shall, at the option of Lessor, terminate this Agreement.

INSURANCE 9.

It is agreed and understood between the Parties that it shall be the responsibility of Lessee to purchase insurance on all of Lessee’s property, equipment, supplies, and on any and all personal property whatsoever on or used by Lessee, in such amount to fully protect Lessee from loss due to theft, vandalism, fire, or hazards of any kind. It is further agreed and understood that Lessor shall purchase and maintain insurance coverage for the facility and grounds.

INDEMNIFICATION 10.

Lessee agrees to indemnify and hold harmless Lessor and its officials, officers, employees, agents and representatives from any and all liability for injuries to persons or damages to property caused by or arising in any way out of Lessee’s use or occupancy of the premises; and provided further that Lessee shall give to Lessor prompt and timely notice of any claim made or suit instituted which in any way directly or indirectly, contingently or otherwise, affects or might affect Lessor, and Lessor shall have the right to compromise and defend the same to the extent of its own interest.

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NOTICES 11.

Any notice by either Party to the other shall be valid only if in writing and shall be deemed to be duly given only if delivered personally or sent by registered or certified mail addressed as follows, or at such other address for either Party as that Party may designate by written notice to the other. Notices shall be deemed given if delivered personally upon delivery thereof, and if mailed upon the mailing thereof. Notices shall be sent as follows: Lessor: Bulloch County Board of Commissioners 115 North Main Street Statesboro, GA 30458 Lessee: Action Pact, Inc. 2100 Riverside Avenue Waycross, GA 31501

INSPECTION BY LESSOR 12.

Lessee shall permit Lessor or Lessor’s agents, representatives, or employees to enter the premises upon reasonable advance notice for the purpose of inspecting the premises to determine whether Lessee is complying with the terms of this Agreement and for the purpose of doing other lawful acts that may be necessary to protect Lessor’s interest in the premises under this Agreement, or in case of any emergency.

PARTIAL INVALIDITY 13.

Should any provisions of this Agreement be held by a Court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect unimpaired by the holding.

WAIVER OF BREACH 14.

The waiver by Lessor of any breach by Lessee of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach by Lessee either of the same or another provision of this Agreement.

SOLE AND ONLY AGREEMENT 16.

This Agreement may be terminated by either party giving the other at lease ninety (90) days’ notice of that party’s intention to terminate the Agreement. This Agreement may be sooner terminated by Lessor due to the abandonment of the premises by Lessee, by Lessee’s failure to cure a breach of this Agreement after notice for a continuous period of thirty (30) days, or existence of an injunction by a Court of competent jurisdiction preventing or restraining the use of the premises for a period of ninety (90) consecutive days. Reinstatement shall always be at the option of the Lessor.

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IN WITNESS WHEREOF, each party of this Agreement has caused it to be executed at the day and year above set forth. LESSOR: BULLOCH COUNTY BOC BY: __________________________ Title: _________________________ WITNESS: ________________________ Signed, sealed, and delivered in the presence of: ________________________ Attest ________________________ Notary Public, __________ County, Georgia My Commission Expires: _______________ (SEAL)

LESSEE: ACTION PACT, INC. BY: __________________________ Title: __________________________ WITNESS: ________________________ Signed, sealed, and delivered In the presence of: __________________________ Attest __________________________ Notary Public, __________ County, Georgia My Commission Expires: ________________ (SEAL)

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Agenda Item Summary


Engineering



Motion to enter into an agreement with Parker Engineering for professional services in the amount of $31,500 for surveying,

design, and bid document preparation for the grading and paving of Highpoint Circle.


Highpoint Circle is budgeted to be paved this fiscal year. The scope of services for this contract includes a

topographical survey of the road, development of detailed construction plans, the preparation of bid

documents, and site inspections during construction.

Parker Engineering meets all of the County's requirements for this work. The County Engineer recommends

entering into a contract with Parker Engineering in the amount of $31,500 for the work as outlined in the

proposal submitted by Parker and subject to County purchasing policies. This project is budgeted for FY 20

using TSPLOST funds. The estimated construction cost is $250,000.


New Business Budgeted Item? YES Amendment or




Review:


Whitney Richland Completed 02/13/2020 8:17 AM

Andy Welch Completed 02/13/2020 8:23 AM

Cindy Steinmann Pending



Faye Bragg Completed 02/13/2020 9:02 AM

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M E M O R A N D U M

Date: January 28, 2020

To: Tom Couch

From: Faye Bragg

Subject: Professional Design Services for Highpoint Circle

Quotes were received today at 3:00 PM for Professional Design Services for Highpoint Circle.

The following vendors submitted quotes.

Vendor Total Project Cost

Parker Engineering $31,500.00

Maxwell – Reddick & Associates $34,110.00

EMC $36,630.00

Brad has the quotes for review.

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January 2019

Road FocusRoads

Road Patch

Legend ROAD REPAIRS0 500 1000 ftJosh Deal Road

0 1000 2000 ft

January 2019

Road FocusRoads

Legend

January 2020

Road to be PavedRoads

Legend ROAD PAVINGLOCATION MAP

Highpoint Circle

LENGTH (APPROX)

0.70 MILES0.70 MILES

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BULLOCH COUNTY BOARD OF COMMISSIONERS

Documents

Transcript of BULLOCH COUNTY BOARD OF COMMISSIONERS