anderson county board of commissioners regular agenda€¦ · 30,2017. commissioner creasey made a...

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_____________________________________________________________ Anderson County Board of Commissioners _____________________________________________________________ Regular Agenda Monday, May 20, 2013 @ 6:30 p.m. 1. Call to Order / Roll Call 2. Prayer by Chaplain Clyde Drummond / Pledge of Allegiance 3. Appearance of Citizens 4. Approval and Correction of Agendas Consent Agenda Regular Agenda 5. A. Director of Schools Any questions from Commissioners B. County Mayor Energy Update / Johnson Controls Any questions from Commissioners C. Law Director Resolution/Board of Equalization - requested by Property Assessor John K. Alley, Jr. Resolution/Local Parks & Recreation Fund Grant - requested by Brenda McKamey Any questions from Commissioners D. Departments Purchasing Report, Pamela Cotham, Purchasing Agent E. Reports from Committees a. Budget Committee Report by Budget Director Chris Phillips b. Operations Committee Report by Chairman Biloski 6. Old Business 7. New Business 8. Announcements Anderson County’s 5 th Annual Memorial Day 2013 Ceremony. Monday, May 27, 2013, AC Courthouse Veterans Memorial starting at 10:00 a.m. (Rain or Shine) Guest Speaker is Dr. Curtis Sexton. 9. Adjourn Respectfully Submitted, Chuck Fritts, Chairman

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Page 1: Anderson County Board of Commissioners Regular Agenda€¦ · 30,2017. Commissioner Creasey made a motion to approve and to forward to County Commission with a recommendation for

_____________________________________________________________ Anderson County Board of Commissioners _____________________________________________________________ Regular Agenda Monday, May 20, 2013 @ 6:30 p.m. 1. Call to Order / Roll Call 2. Prayer by Chaplain Clyde Drummond / Pledge of Allegiance 3. Appearance of Citizens 4. Approval and Correction of Agendas

• Consent Agenda • Regular Agenda

5. A. Director of Schools

• Any questions from Commissioners

B. County Mayor

• Energy Update / Johnson Controls

• Any questions from Commissioners

C. Law Director

• Resolution/Board of Equalization - requested by Property Assessor John K. Alley, Jr.

• Resolution/Local Parks & Recreation Fund Grant - requested by Brenda McKamey

• Any questions from Commissioners

D. Departments

• Purchasing Report, Pamela Cotham, Purchasing Agent

E. Reports from Committees

a. Budget Committee Report by Budget Director Chris Phillips b. Operations Committee Report by Chairman Biloski

6. Old Business

7. New Business

8. Announcements

• Anderson County’s 5th Annual Memorial Day 2013 Ceremony. Monday, May 27, 2013, AC Courthouse Veterans Memorial starting at 10:00 a.m. (Rain or Shine) Guest Speaker is Dr. Curtis Sexton.

9. Adjourn

Respectfully Submitted,

Chuck Fritts, Chairman

Page 2: Anderson County Board of Commissioners Regular Agenda€¦ · 30,2017. Commissioner Creasey made a motion to approve and to forward to County Commission with a recommendation for
Page 3: Anderson County Board of Commissioners Regular Agenda€¦ · 30,2017. Commissioner Creasey made a motion to approve and to forward to County Commission with a recommendation for
Page 4: Anderson County Board of Commissioners Regular Agenda€¦ · 30,2017. Commissioner Creasey made a motion to approve and to forward to County Commission with a recommendation for
Page 5: Anderson County Board of Commissioners Regular Agenda€¦ · 30,2017. Commissioner Creasey made a motion to approve and to forward to County Commission with a recommendation for
Page 6: Anderson County Board of Commissioners Regular Agenda€¦ · 30,2017. Commissioner Creasey made a motion to approve and to forward to County Commission with a recommendation for
Page 7: Anderson County Board of Commissioners Regular Agenda€¦ · 30,2017. Commissioner Creasey made a motion to approve and to forward to County Commission with a recommendation for
Page 8: Anderson County Board of Commissioners Regular Agenda€¦ · 30,2017. Commissioner Creasey made a motion to approve and to forward to County Commission with a recommendation for
Page 9: Anderson County Board of Commissioners Regular Agenda€¦ · 30,2017. Commissioner Creasey made a motion to approve and to forward to County Commission with a recommendation for
Page 10: Anderson County Board of Commissioners Regular Agenda€¦ · 30,2017. Commissioner Creasey made a motion to approve and to forward to County Commission with a recommendation for
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PURCHASING COMMITTEE MEETINGMINUTES

May 13,2013Committee Members:

Terry Frank - PresentJerry White - PresentZach Bates - PresentJerry Creasey - PresentPamela Cotham, Purchasing Agent - Present

Others in attendance:

Jim Woodward, Deputy Director for System Support & Chief Financial Officer

Richard Burroughs, Chief of StaffTammy Leoppard, EMS DepartmentKim Mccormick. EMS DeoartmentRoger Lloyd, Buildings DepartmentAndy McKamey, School Maintenance DirectorPhil Warfield, School Department

The meeting was called to order at 4:35 p.m.

Three Rivers Provider Network Two-year contract a company to work with insurance companies toprocess claims quicker at an agreed rate of g0% for the Emergency Services Department, for theperiod of July 1, 2013 thru June 30, 2015. Commissioner White made a motion to approve and toforward to County Commission with a recommendation for approval. Commissioner Creaseyseconded the motion and the motion oassed.

Hiqhwav Markinqs and Tennessee Guardrail, lnc. Three-year contracts for Guardrails for theHighway Department as per bid # 4466, for the period of July 1, 2013 thru June 30, 20j6.commissioner white made a motion to approve and to forward to county commission with arecommendation for approval. Commissioner Creasey seconded the motion and the motion passed.

Roqers Group Three-year contract for Cold Mix for the Highway Department as per bid # 4465,1orthe period of July 1, 2013 thru June 30, 2016. Commissioner Bates made a motion to approve and toforward to County Commission with a recommendation for approval. Commissioner White secondedthe motion and the motion passed.

tri-Ullleer Hi9lggllfopply Three-year contract for Stripping County Roads for the HignwayDepartment as per bid # 4468, for the period of July 1 , 201 3 thru June 30, 201 6. Commissioner Whitemade a motion to approve and to forward to County Commission with a recommendation for approval.Commissioner Bates seconded the motion and the motion oassed.

nooers Croup ana ep Three-year conlracts for Asphalt for the HighwayDepartment as per bid # 4467 , for the period of July 1 , 2013 thru June 30, 2016, commissioner Batesmade a motion to approve and to forward to County Commission with a recommendation for approval.Commissioner Creasey seconded the motion and the motion passed.

lcon Software Corporation (two contracts) Four-year Software License Agreement and Service LevelAgreement for circuit court clerk's office as per bid # 4415, for the period of July 1, 2013 thru June

Page 13: Anderson County Board of Commissioners Regular Agenda€¦ · 30,2017. Commissioner Creasey made a motion to approve and to forward to County Commission with a recommendation for

30,2017. Commissioner Creasey made a motion to approve and to forward to County Commissionwith a recommendation for approval. Commissioner White seconded the motion and the motionoassed.

Life Safetv Inspections Three-year contract for Fire Extinguisher Maintenance and Service for allAnderson County Buildings and Schools as per bid # 4455, for the period of July 1 , 2013 thru June 30,2016. Commissioner White made a motion to approve and to foMard to County Commission with arecommendation for approval. Commissioner Creasey seconded the motion and the motion passed.

Gun Doctor Three-year contract for Federal Firearms Dealer for the Sheriff's Department as per bid #4461 , for the period of July '1 , 2013 thru June 30, 2016, with an option to renew for two (2) additionalyears in one (1) year increments, Commissioner White made a motion to approve and to forward toCounty Commission with a recommendation for approval. Commissioner Bates seconded the motionand the motion oassed.

Mavfield Dairv Farms One-year contract for lce Cream Anderson County Schools as per bid # 4463,for the period of July 1, 2013 thru June 30, 2014, with possible renewal for two sequent years.Commissioner Creasey made a motion to approve and to forward to County Commission with arecommendation for approval. Commissioner White seconded the motion and the motion passed.

Pinnacle Resources Three-year contract for Screening and Refinishing Gym Floors for all AndersonCounty Schools as per bid # 4452, lot lhe period of July 1 , 2013 thru June 30, 2016. CommissionerCreasey made a motion to approve and to forward to County Commission with a recommendation forapproval. Commissioner Bates seconded the motion and the motion passed.

School Dude Three-month contract for software employees to submit technology trouble tickets torequest technology help / services Anderson County Schools, for the period of July 31 , 2013 thruOctober 31,2013. Commissioner White made a motion to approve and to forward to CountyCommission with a recommendation for approval. Commissioner Creasey seconded the motion andthe motion passed.

9lassworks Three-year contract for Academic Software Anderson County Schools, as per bid # 4317,for the period of July 31, 2013 thru June 30, 2016. Commissioner White made a motion ro approveand to forward to County Commission with a recommendation for approval. Commissioner Creasevseconded the motion and the motion oassed.

Librarv Books & Related Materiats - Five-year contracts for Anderson County School Libraries andPublic Libraries, as perbid #4470,forthe period of July 31,2013 thru June 30,20'18. Total of3scontracts, the approved and awarded vendors are as follows: Commissioner Creasev made a motionto approve and to foruard to County Commission with a recommendation for approvai. CommissionerBates seconded the motion and the motion passed.

ABDOAudio EditionsBaker & TaylorBearportBound to Stay Bound BooksBrodartCapstone (2 bidders representing Capstone)Cavendish Square PublishingCenter Point Inc. d/b/a Center Point Large PrintCentral Programs Inc, d/b/a Gumdrop BooksCrabtree

Page 14: Anderson County Board of Commissioners Regular Agenda€¦ · 30,2017. Commissioner Creasey made a motion to approve and to forward to County Commission with a recommendation for

Davidson Titles, Inc.Discount Magazine Sub Svc Inc.EBSCO Information ServicesEBSCO lndustries (EBSCO bids are 2 separate bids from 2 different corporate offices)EnslowFollett Library ResourcesGale/Cengage LearningGareth Stevens PublishingGaylordInfobase LearningJunior Library GuildKAPCOLerner Publishing GroupLibrary Video CompanyMidwest TapePenworthyPerma-Bound BooksRosen PublishingScholastic Library Publishing, IncTeachers Discovery, Inc.The Library Store, Inc.Vernon Library Supplies

Disposal of Non-Capitalized Surplus ltems - Listing of non-capitalized surplus items with noapparent value to be disposed of. Requires Purchasing Committee approval only.

Description: Computer Software, Ethernet Switch Module and a box of computer cords. Attempted tosell items on Gov Deals three times. Commissioner Bates made a motion to approve and to foruard toCounty Commission with a recommendation for approval. Commissioner White seconded the motionand the motion passed,

The meeting was adjourned at 5:15 p.m.

Page 15: Anderson County Board of Commissioners Regular Agenda€¦ · 30,2017. Commissioner Creasey made a motion to approve and to forward to County Commission with a recommendation for
Page 16: Anderson County Board of Commissioners Regular Agenda€¦ · 30,2017. Commissioner Creasey made a motion to approve and to forward to County Commission with a recommendation for
Page 17: Anderson County Board of Commissioners Regular Agenda€¦ · 30,2017. Commissioner Creasey made a motion to approve and to forward to County Commission with a recommendation for
Page 18: Anderson County Board of Commissioners Regular Agenda€¦ · 30,2017. Commissioner Creasey made a motion to approve and to forward to County Commission with a recommendation for
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Page 20: Anderson County Board of Commissioners Regular Agenda€¦ · 30,2017. Commissioner Creasey made a motion to approve and to forward to County Commission with a recommendation for
Page 21: Anderson County Board of Commissioners Regular Agenda€¦ · 30,2017. Commissioner Creasey made a motion to approve and to forward to County Commission with a recommendation for
Page 22: Anderson County Board of Commissioners Regular Agenda€¦ · 30,2017. Commissioner Creasey made a motion to approve and to forward to County Commission with a recommendation for
Page 23: Anderson County Board of Commissioners Regular Agenda€¦ · 30,2017. Commissioner Creasey made a motion to approve and to forward to County Commission with a recommendation for
Page 24: Anderson County Board of Commissioners Regular Agenda€¦ · 30,2017. Commissioner Creasey made a motion to approve and to forward to County Commission with a recommendation for
Page 25: Anderson County Board of Commissioners Regular Agenda€¦ · 30,2017. Commissioner Creasey made a motion to approve and to forward to County Commission with a recommendation for
Page 26: Anderson County Board of Commissioners Regular Agenda€¦ · 30,2017. Commissioner Creasey made a motion to approve and to forward to County Commission with a recommendation for
Page 27: Anderson County Board of Commissioners Regular Agenda€¦ · 30,2017. Commissioner Creasey made a motion to approve and to forward to County Commission with a recommendation for
Page 28: Anderson County Board of Commissioners Regular Agenda€¦ · 30,2017. Commissioner Creasey made a motion to approve and to forward to County Commission with a recommendation for
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Page 31: Anderson County Board of Commissioners Regular Agenda€¦ · 30,2017. Commissioner Creasey made a motion to approve and to forward to County Commission with a recommendation for
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Page 33: Anderson County Board of Commissioners Regular Agenda€¦ · 30,2017. Commissioner Creasey made a motion to approve and to forward to County Commission with a recommendation for
Page 34: Anderson County Board of Commissioners Regular Agenda€¦ · 30,2017. Commissioner Creasey made a motion to approve and to forward to County Commission with a recommendation for
Page 35: Anderson County Board of Commissioners Regular Agenda€¦ · 30,2017. Commissioner Creasey made a motion to approve and to forward to County Commission with a recommendation for
Page 36: Anderson County Board of Commissioners Regular Agenda€¦ · 30,2017. Commissioner Creasey made a motion to approve and to forward to County Commission with a recommendation for
Page 37: Anderson County Board of Commissioners Regular Agenda€¦ · 30,2017. Commissioner Creasey made a motion to approve and to forward to County Commission with a recommendation for
Page 38: Anderson County Board of Commissioners Regular Agenda€¦ · 30,2017. Commissioner Creasey made a motion to approve and to forward to County Commission with a recommendation for
Page 39: Anderson County Board of Commissioners Regular Agenda€¦ · 30,2017. Commissioner Creasey made a motion to approve and to forward to County Commission with a recommendation for
Page 40: Anderson County Board of Commissioners Regular Agenda€¦ · 30,2017. Commissioner Creasey made a motion to approve and to forward to County Commission with a recommendation for
Page 41: Anderson County Board of Commissioners Regular Agenda€¦ · 30,2017. Commissioner Creasey made a motion to approve and to forward to County Commission with a recommendation for
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Members Present:

Members Absent:

Call to Order:

Anderson County Board of CommissionersOPERATIONS COMMITTEE

MINUTES

May 13,2013

Zach Bates, Robin Biloski, Jerry Creasey, Steve Emert, WhiteyHitchcock, Rick Meredith, Robert McKamey and Tracy Wandell.

None.

Chairman Biloski called the meeting to order.

ACEDAUpon motion by Commissioner McKamey, seconded by Commissioner Bates and passed tofonruard to full commission at the June 2013 meeting subject to the survey completion, with arecommendation for approval on sell ing to The Holl ingsworth Companies, 25 +l- acres in theDavid Jones Industrial Park with a 4.27 acre swap at a cost of $13,500 per acre and to includethe county retaining property for an alternate entrance to the proposed convenience center site.Abstained: Meredith.

Johnson Gontrols Energv UpdatePostponed unti l the May 20,2013 County Commission meeting due to confl icts.

Lease Agreement for E. Wolf Vallev Convenience GenterUpon motion by Commissioner Wandell, secohded by Commissioner Meredith and passed tofonruard to full commission with a recommendation for approval of the lease agreement for theaddition to the East Wolf Valley Convenience Center.

Resolution for 25W Yard SaleUpon motion by Commissioner Bates, seconded by Commissioner McKamey and passed tofonruard to full commission with a recommendation for approval of the Resolution endorsing theU.S. Highway 25 Yard Sale.

Resolution for Fire TruckAfter Fire Commission Chairman lrwin completed the recommendation from the Fire Chiefs andread a letter from Josh Waldo - Marlow Fire Department, the citizens had an opportunity toaddress the committee. Among those were Eddie Campbell, Mark Devol, spoke submittedseveral sample resolutions, Becky Doane, David Allen, Daniel Mil ler, Chuck Wright, HaroldWhited, Eugene Chaney, Jimmy Brubaker, Eddie Phibb, John Bagwell and Regina Ridenour,

Upon motion by Commissioner Wandell, seconded by Commissioner McKamey and passed todefer action of the amended Fire Truck Resolution for 60 days. Voting No: Bates.

Fire Truck Historv of PurchasesUpon motion by Commissioner Wandell, seconded by Commissioner Meredith and passed thatthe committee receive the date the fire truck resolution was approved, dates and amounts (copyof check) of each fire truck donation or purchase and to whom it was awarded to, to this point.

New BusinessUpon motion by Commissioner McKamey, seconded by Commissioner Hitchcock and passed tomove to new business.

AdiournmentWith no further business the meeting was adjourned.

Page 44: Anderson County Board of Commissioners Regular Agenda€¦ · 30,2017. Commissioner Creasey made a motion to approve and to forward to County Commission with a recommendation for

On March L9,2013. The Anderson County Development Corporation

unanimously passed a resolution recommending to the Anderson

County Board of Commissioners that they sell 25+- acres located in

the David Jones Industrial Park fronting Mountain Road on

O32|O42.LO map and parcel to Summit Properties for Stg,SO0 per

acre. This property is currently appraised by Anderson County at

$tt,2s0 per acre.

On March L9,2013. The Anderson County Development Corporation

unanimously passed a resolution recommending to the Anderson

County Board of Commissioners that they exchange ownership with

Summit Properties the 4.30 acres currently owned by Summit

Properties on 032 lO42.O3 map and parcel for the remaining 4.30 acres

in 032 1042.10 currently owned by Anderson County in the David

Jones Industrial Park fronting Mountain Road. The 4.30 acres owned

by Summit properties is currently appraised by Anderson County at

$15,000 per acre.

Page 45: Anderson County Board of Commissioners Regular Agenda€¦ · 30,2017. Commissioner Creasey made a motion to approve and to forward to County Commission with a recommendation for

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Page 46: Anderson County Board of Commissioners Regular Agenda€¦ · 30,2017. Commissioner Creasey made a motion to approve and to forward to County Commission with a recommendation for

LEASE AGREEMENTAddition to East Wolf Valley Convenience Center

This Agreement is made by and between the Landowners, James Irons and wife, BeaIrons, (hereinafter identified as "Lessors"), and Anderson County Government, (hereinafteridentified as "Lessee") and collectively referred to as the "Parties".

Section 1,. ACCEPTANCE OF LEASE:Lessors hereby leases to Lessee the within described Leased Property in accordance with theagreements herein set out, and Lessee accepts lease of said property.

Section 2. CONSIDERATION:This Lease Agreement is made upon payment of monetary consideration of one dollar ($1.00)per year and other benefits and mutual covenants herein stated the receipt and sufficiency ishereby acknowledged.

Section 3. LEASED PROPERTY:

SITUATED in District No. One of Anderson County, Tennessee, boundedand described as follows:

BEGINNING on an iron pin in the Southwest corner of the Irons propertyadjacent to Peak Station Circle and contiguous with the Barker property;thence North 44.35 degrees East 120 feet to an iron pin; thence South88.00 West 85 feet to an iron pin; thence South 44.35 degrees West 120feet to an iron pin; thence North 88.00 degrees Easter 85 feet to thebeginning corner. Containing 0.16 acres, more or less. (See Exhibit 1)

This being a portion of the property received by James and Bea Irons fromKenneth and Lenora Walker by Warranty Deed recorded in the AndersonCounty Register of Deed's Office Book V-16, Page 215 on June 26, l9B7and Correction Deed Book X-l6, Page 608 on September 29, 1987 .

Section 4. TERM OF LEASE:This Lease Agreement shall be effective from April 15,2013, through and including June 30,2015, and shall be subject to additional renewal(s) under conditions and terms mutually agreedupon by the Parties no later than sixty (60) days prior to each additional renewal.

Section 5. PAYMENTS:Lessee will pay to Lessors, one dollar ($ 1 .00) per year contemporaneous with the execution ofthis Agreement for a total monetary consideration of two dollars and twenty cents (52.20).

Section 6. HAZARDOUS WASTE MANAGEMENT:The Lessee shall puy for any extraordinary cleanup due to unauthorized hazardous materialsbeing deposited or left at the convenience center during the term of the lease. Lessee liability to

Page 47: Anderson County Board of Commissioners Regular Agenda€¦ · 30,2017. Commissioner Creasey made a motion to approve and to forward to County Commission with a recommendation for

pay shall continue until said cleanup is complete and there is no environmental hazard,remainingas determined by the Tennessee Department of Environment and Conservation.

Section 7. INDEMNITY:The Lessee agrees to defend and hold harmless the Lessors from and against any and all claimsof damage to property, or injury to, or death of person or persons resulting from or arising out ofuse of the leased property by the Lessee or the public being served by the Lessee, where suchinjury, damage, or death occur as a proximate cause of the negligence of Lessee.

Section 8. DEFAULT:In the event of default of any party hereto, anyother to enforce the terms of this Agreement. Into any remedies available at law andlor equity,costs associated with the defuult.

non-defaulting party may bring suit against thesuch event, the prevailing party shall be entitledincluding the reasonable attorney's fees and the

Section 9. NO ORAL MODIFICATION:No modification, amendment, supplement to or waiver of this Agreement or any of its provisionsshall be binding upon the Parties hereto unless made in writing and duly signed by all Parties.

Section 10. CANCELLATION:In the event any party materially breaches, defaults or fails to perform hereunder, this Agreementmay be canceled by the other party with cause on ninety (90) days written notice to the other inthe event the breach, default or failure is not cured during that time. County may cancelAgreement if unforeseen circumstances occur with ninety (90) days written notice to Lessors.

Section 11. WAIVER:A failure of any party to exercise any right provided for herein, shall not be deemed to be awaiver of any right hereunder.

Section 12. ENTIRE AGREEMENT:This Agreement sets forth the entire understanding of the Parties as to the subject matter and maynot be modified except in a writing executed by all Parties.

Section 13. SEVERABILITY:In the event any one or more of the provisions of this Agreement is invalid or otherwiseunenforceable, the enforceability of remaining provisions shall be unimpaired.

Section 14. EXHIBITS:Any Exhibits attached hereto or incorporated herein are made a part of this Agreement for allpurposes. The expression "this Agreement" means the body of this Agreement and the Exhibits.

Section 15. MULTIPLE COUNTERPARTS; EFFECTIVENESS:This Agreement may be executed in multiple counterparts, each of which shall be deemed anoriginal for all purposes and all of which shall be deemed, collectively, one Agreement. ThisAgreement shall become effective when executed and delivered by all the Parties.

Page 48: Anderson County Board of Commissioners Regular Agenda€¦ · 30,2017. Commissioner Creasey made a motion to approve and to forward to County Commission with a recommendation for

Section 16. JURISDICTION:Each party hereby irrevocably consents to the jurisdiction of all state courts sitting in Tennessee

or all federal ,o,rrtr sitting in Knoxville, Tennessee and agrees that venue for any legal action

brought in connection with this Agreement shall lie exclusively in such courts.

Section 17. BINDING EFFECT:This Agreement shall be binding upon and inure to the benefit of the Parties and upon their

respective successors, heirs or assigns.

Section 18. CHOICE OF LAW:This Agreement shall be governed and construed in accordance with the laws of the State ofTennessee.

Section 19. NOTICEAny notice required or provided pursuant to this Agreement shall be in writing and sent ordelivered to the Parties and attorneys.

Anderson County GovernmentDirector of Public Works100 North Main Street, Room 127Clinton, TN 37716865-457 -5400

James IronsAddress:

Phone:

Section 20. TITLES AND SUBTITLESTitles of paragraphs and subparagraphs are for convenient reference only and shall not have theeffect of modifying, amending or changing the express terms of this Agreement.

Section 21. ASSIGNMENTThis Agreement shall be assignable only upon the written consent of the non-assigning party.Consent to an assignment shall not be unreasonably withheld. In the event of assignment orsuccession, the terms and conditions of this Agreement shall be binding upon the Parties andtheir successors, assigns, heirs, executors and/or administrators.

Section 22. FURTHER DOCUMENTATIONThe Parties agree for themselves and their successors and assigns to execute any and allinstruments in writing, which are or may become necessary or proper to carry out the purposeand intent of this Agreement.

Section 23. RELEASE AND HOLD HARMLESSThe parties mutually agree that they shall and do hereby release, forever discharge and holdharmless one another as well as the employees, agents and counsel for one another from any and

Page 49: Anderson County Board of Commissioners Regular Agenda€¦ · 30,2017. Commissioner Creasey made a motion to approve and to forward to County Commission with a recommendation for

all claims whatsoever' both known and unknown that may have existed prior to the execution ofthis Agreement or that may arise from the lawsuits or circumstances referenced herein. The onlyclaim that shall survive this Agreement is compliance with this Agreement.

IN WITNESS WHEREOF, the Parties hereto, each acting under due and properauthority have accepted the terms and executed this Agreement.

This day of 2013.

LESSORS:

JAMES IRONS. LANDOWNER

BEA IRONS, LANDOWNER

LESSEE:

ANDERSON COI-INTY. TENNES SEE

Terry FrankCounty Mayor

By:Pamela CothamPurchasing Agent

APPROVED AS TO FORM:

N. Jay YeagerLaw Director

By:

Page 50: Anderson County Board of Commissioners Regular Agenda€¦ · 30,2017. Commissioner Creasey made a motion to approve and to forward to County Commission with a recommendation for

ACKNOWLEDGMENT

STATE OF TENNESSEE )) ss.

COTINTY OF ANDERSON )

Before me, , a Notary Public in and for the

state and county aforesaid, personally appeared Terry Frank and Pamela Cotham with whom I

am personally acquainted, who, upon oath, acknowledged themselves to be the County Mayor

and County Purchasing Agent, respectively, of Anderson County, Tennessee, the within namedbargainor, a body corporate and politic and being a duly organized political subdivision of theState of Tennessee, and that as such County Mayor and County Purchasing Agent, they, beingauthorized so to do, executed the foregoing instrument for the purpose therein contained, bysigning the name of Anderson, Tennessee, by themselves in their respective official capacities.

WITNESS my hand and notarial seal, this day of ,2013.

NOTARY PUBLIC

My commission expires:

ACKNOWLEDGMENT

STATE OF'TENNESSEE ]) S S .

COIINTY OF ANDtrRSON )

Before me, a Notary Public in and for thestate and county aforesaid, personally appeared James Irons and wifeo Bea Ironso with whom Iam personally acquainted, or who identified themselves to me by satisfactory evidence and who,upon oath, acknowledged themselves to be the landowners of the above-described property, andthat as such landowners, executed the foregoing instrument for the purpose therein contained, bysigning their name thereto.

WITNESS my hand and notarial seal, this day of 2013.

My commission expires:NOTARY PUBLIC

Page 51: Anderson County Board of Commissioners Regular Agenda€¦ · 30,2017. Commissioner Creasey made a motion to approve and to forward to County Commission with a recommendation for

€[n[ erson @sun tY, W,enneggee %+ftaurd of @ommi9iilisnerdRESOLUTION NO.

RESOLUTIONENDORSING TIIE U.S. HIGIIWAY 25 YARD SALE

WIIEREAS, June 66 through the 8s is the Second Annual U.S. Hwy. (Dixie Highwa, Yard sale; and

WIIEREAS, U.S. Route 25 is a north-south United States highway that runs for 750 miles from Brunswick, Georgia to

the Ohio staie line in Covington, Kentucky. The highway runs in Anderson County from the Knox County line to the

Campbell County line passing through the City of Clinton and Lake City; and

WHEREAS, the annual yard sale is an effort to entice travelers from Interstate 75 into adjacent communities and

stimulate local economies; ard

WHEREAS, Anderson County supports this endeavor and would like to facilitate the economic impact to our communrtyby temporarily making its zoning and sign restrictions more efficient and conducive to the project.

NOW THEREFORE, BE IT RESOLVf,D by the Anderson County Legislative Body meeting in regular session this206 day of May 2013 that we support and encourage citizens, businesses and churches to participate in this event.

BE IT FIJRTHnR RESOLVED that the following provisions will apply from June 6'h 2013 to midnight on June 8n2013 in Anderson County only, and shall not apply inside the corporate limits of Clinton and Lake City:

Section 1: All vendors shall have permission from the property owner before sefting up signs and sales areas.Churches, citizens and businesses are encouraged to donate or lease space on their property to vendors.

Section 2: All vendor operations shall not impede traffic flow, obstruct vision fiom passing motorist or otherwise belocated within forty (40) feet from the edge of the pavement, or sixty (60) feet from an intersection.

Section 3: Commercial vendors are required to possess and maintain a business license and submit sales taxrevenues to the Tennessee Departrnent of Revenue. Private citizens not required to possess a business license, shall not berequired to obtain a solicitor's permit or codes enforcement variance to conduct sales.

Section 4: Supplemental to the signage requirements found in the Anderson County Zoning Resolution, (Div. 65)signs advertising the "U.S. Highway 25 Yard Sale" activities shall be no closer tlan twenty-five (25) feet from the edge ofthe pavernen! shall not obstruct vision ofpassing motorist and shall be no larger than fifteen (15) square feet in size.

Section 5: Food vendors shall be required to follow at all times the attached additional regulations. (Exlibit 1)

RESOLYED, DULY PASSED AI\D APPROYED this 20th day of May 2013.

APPROVED:

Terry Frank, County Mayor

Attest:

Chuck Fritts, Chairman, County Commission

Jeff Cole, Anderson County Clerk

Page 52: Anderson County Board of Commissioners Regular Agenda€¦ · 30,2017. Commissioner Creasey made a motion to approve and to forward to County Commission with a recommendation for

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REQUIREM EF,ITS FOR TEM PORARYESTABLISHMENTS

O GENERAL REQUIREMENTS

GENERAL- l - ^ ^ - h ^ - ^ r - ,

I E' rpurdry' food service establishrnents shall comply with therequirements of the Tennessee Depaitment of Health's Fcod ServiceEstablishment Rules and Regulations except as otherruise provided inf ica-21-231-,02 (13) .

Before a permii is issueC, no violations of critical items shall exist.

DEFINITIONSa. TEMPSRARY FOOD ESTABLISHMENT- A food service

esiablishrnent that operates at a fixed location for a period of tlme ofnot more than 14 consecutirre days in conjunction iryith an organizedevent or ceiebration.

b, G0MPETITIVE cooKlNG EVENTS- Temporary food seryiceestablishments involved in competitive cooking competitions ai'e notrequired to obtain a permit if all of the folJowing conditions apply:

1. AII of the fooc is consumed only by the judges ancj teammembers of the event.Judges and teanr nrembers are identified by t-shir1s, badges, orby oiher easily recognizable methods.Prior to the event, a letter is submitied to and approved by theField Office Manaoer.

FLOORSFiocrs shall be constructeci of cono-eie , aspfralt, tiglrt v'rood, or othersimilar cleanable material kept in good repair. Dlrt or gravel, when gradedto drain, ffiayr be used as sub flooring when covered with clean, removableplatforms cr duckiroards, or covered with wood chips, slrarrings, or othersuitable material effectively treated to control dust.

WALLS and CEILINGS {FOOD PREP AREASic Ceilings shall be nrade of wood, canvas, or other material that protects

ihe interior of the establishment from the weather.r Vtlalls and ceilings shall be canstructed in a way that prevents the

entrance of insects,a. Doors to food prep areas shatl be solid or screened and self-

closing.b. Screening material used for walls, doors, or iryindows shalt be in

good repair and at least 16 mesh to the inch,

ffxhihi{ ,j

2.

2.

J .

4.

Page 53: Anderson County Board of Commissioners Regular Agenda€¦ · 30,2017. Commissioner Creasey made a motion to approve and to forward to County Commission with a recommendation for

Counter-service openings shall not be largerthan necessary and in noevent larger than two feet wide by two feet tall.

a, Service openings shall be provided with tight fitting solid orscreened doors or windows, or provided with fans instalied andoperated to restrict the entrance of flying insects.

b. Counter-service openings shall be kept closed, except when inactual use.

s Establishments serving ONLY non-potentially hazardous foods (andthe following potentially hazardous foods: hotdogs, frankfurters, andPolish or ftalian sausages) are exernpt from the screeningrequirernent.

5. HANDWA$HINGA convenient handwashing facility shall be available foi- employeehandwashing. Handwashing facili i ies shall provide at least \q/arm runningwater, scap, and individual paper torL,sls.

6 Establishments which ONLY serve non-potentially hazardousfoods may use hand-wipes in lieu of a lrandwashing facitity"

6. SINGLE-SERVISE ARTICLESAll temporary food service establishments without eiiective facilities forcleaning and sanitizing tableware shalf provide onfy single-service ariiclesfor use by the consurner.

7. WAREWASI.IINGThree adequately sized bins or buckets are allorn'able for washing, rinsing,and sanitizing of utensils in a permitted ternporary food establishinent asapproved by the environmentalist.

8. WATER SUFPLYEnough potable water sl-rall be availabfe in the estabtishment far foodpreparation, for cleaning and sanitizing uteirsils and equipment, and forhandwashing. The temporary food establishment shall provide a nrethodof heating enough hot water for these purposes.

\ffhere potable water is obiained from a spigot, a food-grade hose shall beused.

g. WASTEWATER DISFCISALThe wastewater tank must be enrptiedthe end of each day of operation.

into an approved sanitary sewer at

10. SOLID WA$TESotid waste/trash shall be contained in durable, easily cleanable, insect-proof containers that do not leak or absorb l iquids.

Page 54: Anderson County Board of Commissioners Regular Agenda€¦ · 30,2017. Commissioner Creasey made a motion to approve and to forward to County Commission with a recommendation for

11.LEFTOVER FOODSAt the end of each day of operation, all noteniially hazardous focd that ishela hot must be rapidly cooled to belov*r 41' F within 4 hours. The cc'olingdevice rnust be located within a permitted food estabfishnrent. lf this is notpossible, then the food must be discarded.

FOOD SUPPLIESAll food iterns nrust be purchased fram an approved, pernritted foodservice establishmeni or supplier.

12.

' l ?I r J . RESTROOMS

Restrooms are required to be available, thoughcan be provided in the establishment. portable

v/arrn water for handwashingrcstrooms a re acceptable,

T5. ADMINIsTRATIONA food service establishment inspection report shall be cornpfeted on eachtemporary food service estabfishment.s The inspection reporl shafl contain, at a minimurn, ihe owner, theestablishment name, Iocation, city, date, violations,'and score.s Inspections are not to be entered into ihe conrputer system in ihesan'le n'Ianner as reEular inspections. Continue to accouni for rime inthe same manner as you always have,o Retain inspection reports for ninety {9c) days after ihe ternporary

event.

Page 55: Anderson County Board of Commissioners Regular Agenda€¦ · 30,2017. Commissioner Creasey made a motion to approve and to forward to County Commission with a recommendation for

Hnl,erdon @ounty, W,ennegieeffisur! of @ommiidionerd

RESOLUTION NO.

RESOLUTION TO PROVIDE FUNDING FOR THE PURCHASE OF A NEWFIRE TRUCK, RESCUE VEHICLES, OR OTHER APPROVED VEHICLEAPPARATUS FOR ANDERSON COUNTY FIRE DEPARTMENTSCONTINGENT UPON ANNUAL FUNDING APPROVED BY THE BOARD OFCOMMISSIONERS.

WHEREAS, the Anderson County Board of Commissioners wishes to authorize an annualdonation of $229,511.85 to governmental career fire departments and totally Volunteer Fire Departmentsand the Anderson County Rescue Squad for the purchase a new Class A fire truck, rescue vehicle or otherapproved vehicle apparatus on an established yearly cycle as outlined below. These plans are contingentupon proper annual funding and budgetary constraints decided and agreed to annually by the AndersonCounty Board of Commissioners; and

WHEREAS, the terms of this Resolution shall be strictly construed, and otherwise binding andmandated on any and all Fire Departments and Rescue Squads accepting and receiving appropriated fundsunder the terms of this Resolution and any violations of the content herein shall be considered prima facieevidence of non-compliance thereby resulting in forfeiture of future funding and repossession of assetspurchased under the terms of this Resolution; and

WHEREAS, it is the intent of this resolution to include the Anderson County Rescue Squad inthe rotation cycle as they must purchase an emergency vehicle to best provide mutual aid assistance to theFire Departments, law enforcement agencies and the Anderson County Emergency Medical Service whenrequested; and

WHEREAS, beginning in fiscal year 201312014 the annual appropriation of 5229,511.85 shall beincreased in each subsequent fiscal year in the County budget by two and one-half percent (2 y, %) for thecost of inflation as budgeted and approved annually by Anderson County Board of Commissioners; and

WHEREAS, each fire department must purchase with the approved annual appropriation from theBoard of Commissioners, a Class A Fire Pumper as defined by NFPA 1901 standards and ISORequirements, or a rescue vehicle, or other approved vehicle apparatus as recommended by the AndersonCounty Director of Emergency Medical Services and Director of Emergency Management and approved bythe Anderson County Board of Commissioners; and

WHEREAS, it is the intent of the replacement cycle and appropriation plan to ensure replacementand augmentation of a new fire truck or approved recue vehicle or other vehicle apparatus to provideadequate public safety responses for the residents of Anderson County that will comply with NFPAstandards and best meet the needs of all Anderson County citizens, and

WHEREAS, it is felt that the cities of Oak Ridge, Clinton, Norris, Oliver Springs, and Lake Cityshould be included in the rotation schedule as career or combination fire deparfments that serve theemergency needs of all Anderson County citizens, and

WHEREAS, all Fire Departments and the Rescue Squad shall only respond to EmergencyMedical and First Responder calls when dispatched accordingly or requested by Anderson County EMS,Emergency Management, law enforcement or required under other mutual aid agreements; and

Page 56: Anderson County Board of Commissioners Regular Agenda€¦ · 30,2017. Commissioner Creasey made a motion to approve and to forward to County Commission with a recommendation for

WHEREAS, fire departments receiving an annual appropriation under the terms of thisResolution shall not charge for their services other than governmental taxing authority approved by thelocal county or municipal legislative body or Tennessee General Assembly. Fire departments whoprivately charge Anderson County citizens for emergency service responses are unable to receive a countydonation for the purchase of new fire truck, rescue vehicle or other vehicle apparatus; and

WHEREAS, all Fire Departments and the Rescue Squad shall respond without charge to mutualaid requests at any time without any delay in response per the State Mutual Aid Guidelines; and

WHEREAS, if a Department wishes not to respond to mutual aid requests from other CountyDepartments, or Emergency Medical Calls, that Department should be removed from the rotation of fundsfor a fire truck, rescue vehicle or other vehicle apparatus; and

WHEREAS, the Fire Departments or Rescue Squad, shall be responsible for providing liabilityinsurance on the vehicle while in their possession, and Anderson County Government shall be named as anadditional insured party at all times. Proper proof of liability coverage shall be submitted to the AndersonCounty Purchasing Department prior to receiving appropriations governed by this Resolution; and

WHEREAS' if the Department wishes to use borrowed funds to increase the amount of thepurchased apparatus, they must list Anderson County as an additional lien holder, second only to thelending institution; and

WHEREAS, if the Fire Department dissolves, ceases to formerly exist, fails to maintainTennessee Secretary of State legal status or Internal Revenue Service Not-For-Profit status, AndersonCounty will have the right without additional legal process to immediately repossess all vehicles,equipment and apparatus bought with Anderson County funds under the terms of this Resolution.Anderson County reserves the right to repossess assets bought with funds received under the terms of thisResolution for non-compliance with any requirement herein embodied in this Resolution; and

WHEREAS, all Fire Departments and the Rescue Squad receiving these funds, will attendannounced meetings of the Anderson County Fire Commission, as the Fire Commission will administer,recommend to the Board of Commissioners and govern the schedule of these funds for the purposes setforth. Fire Departments that fail to attend fifty-one percent (51%) of Fire Commission meetings for anygiven fiscal year will be ineligible to receive appropriations under this Resolution for the following three(3) fiscal years unless waiver of this provision is approved by the Anderson County Commission; and

WHEREAS, it will be the responsibility of the Fire Departments to provide routine, neededrepairs and emergency maintenance on purchased apparatus and ancillary emergency response equipmentfor the term of this agreement including routine safety and maintenance checks for all apparatus includingladders, breathing apparatus and other life safety equipment as mandated and approved by the AndersonCounty Director of Emergency Medical Service and the Director of Emergency Management; and

WHEREAS, all purchases under the terms of this Resolution shall be competitively bid throughthe Anderson County Purchasing Department and legally complaint with all mandates of the 1957Purchasing Act and Fiscal Management Act. Members of the Board of Commissioners, County officials,both elected and appointed, employees of Anderson County and members of the Fire Commission shall notbe financially interested in, receive personal financial gain, make a profit or commission from the purchaseof a fire truck, rescue vehicle or other vehicle apparatus from funds received under the terms of thisResolution; and

WHEREAS, all departments receiving funds under this Resolution shall be required to maintainroutine inspections of all fire suppression equipment as mandated and determined by the Anderson CountyFire Commission as recommended through consultation with the Director of EMS and the EmergencyManasement Director.

Page 57: Anderson County Board of Commissioners Regular Agenda€¦ · 30,2017. Commissioner Creasey made a motion to approve and to forward to County Commission with a recommendation for

WHEREAS, all fire departments receiving funds under this Resolution shall submit to annualaudits, or otherwise requested audits approved and funded by the Anderson County Board ofCommissioners.

NOW, THEREFORE, BE IT RESOLVED by the Anderson County Board of Commissionersmeeting in day session this 15th day of April 2013 that the above-stated provisions are strictly required andnot just mere recitals and are incorporated herein as mandatory for any fire department to receive fundingfor assets purchased under the terms of this Resolution.

BE IT FURTHER RESOLVED that the rotation cycle is established as follows:

L Briceville Volunteer Fire Department2. Oliver Springs Fire Department3. Clinton Fire Depaftment4. Lake City Fire Department5. Norris Volunteer Fire Department6. Claxton Volunteer Fire Depaftment, [nc.7. Andersonville Volunteer Fire Department8. Marlow Volunteer Fire Department9. Oak Ridge Fire Department10. Medford Volunteer Fire DepartmentI l. Anderson County Rescue Squad, Inc.

BE IT FURTHER RESOLVED that the this agreement and any and all other requireddocuments be executed by all Fire Departments and the Rescue Squad prior to any funds being distributedpursuant to this Resolution.

BB IT FURTHER RESOLVED that it is the intent of the Anderson County Board ofCommissioners to fund this donation on an annual basis; however, nothing contained herein shall beconsidered as a contractual obligation to fund this fire truck replacement schedule on a yearly basis andbind the County to future budgetary obligations without year to year approval by the Anderson CountyBoard of Commissioners.

RESOLVED, duly passed and approved this

APPROVED:

day of _,2013.

Chuck Fritts, Chairman, County Commission Terry Frank, County Mayor

Attest:

Jeff Cole, Anderson County Clerk

Page 58: Anderson County Board of Commissioners Regular Agenda€¦ · 30,2017. Commissioner Creasey made a motion to approve and to forward to County Commission with a recommendation for

I t appears from the most recent draft of the f ire truck resolut ion that changes have been suggested thatwould el iminate the Andersonvi l le Volunteer Fire Department from the truck resolut ion based on their

current funding strea m.

When the truck resolut ion was put into place, departments agreed that in exchange for funds that could

be used to purchase a f ire truck, they would provide EMS f irst response services under the guidel ines of

Anderson County EMS and attend monthly Fire Commission meetings. Since the inception of the f ire

truck resolut ion the AVFD has been one of the busiest f i rst responder agencies in the County, answering

more cal ls at the request of the Anderson County Dispatch off ice than any other volunteer department

in the County and more than some of the munic ipal depar tments. AVFD has been a mainstay at f i re

commission meetings with their current Chief, Jeff Bagwell , serving as the Secretary for the body the

past two years. I feel without question that AVFD has met the requirements set forth by the original

t ruck resolut ion and thus meets the e l ig ib i l i ty requi rements for funding.

However since the beginning of the truck resolut ion AVFD has altered i ts funding stream from t)O%

donat ion to a new membership serv ice to help cont inue operat ions. AVFD is s t i l l answer ing cal ls when

requested and attending regularly scheduled Fire Commission meetings. But based on the f irst

paragraph on page two of the new proposed truck resolut ion AVFD wil l not qual i fy for funds from

Anderson County to purchase a f ire engine this year as scheduled. While several others departments

who charge for their services via a tax base have already received funding for an apparatus, AVFD now

looks to be exc luded for establ ish ing a membership base. This does not seem fa i r and equi table in my

opin ion to the c i t izens of the Andersonvi l le communi ty who pay the same taxes as any other res ident in

Anderson County. Four of the prev ious depar tments awarded funds for a new apparatus receive

funding via taxes paid by residents and two of the volunteer departments have received the much

needed funds as wel l . I do not see how i t is fa i r to deny one communi ty in Anderson County the funds

for their f i re department to purchase a new f ire apparatus to help improve f ire protection in their area,

when every other area in Anderson County is gett ing these funds.

Whi le AVFD has changed thei r funding st ream over the past 12 months they have cont inued to mainta in

their 501C-3 status through the lRS, have a charter in good standing with the State of Tennessee,

continue to provide f ire and emergency services to one of the largest populat ions in Anderson County,

and have done noth ing to v io late the or ig inal agreement set for th in the or ig inal t ruck resolut ion.

Therefore I would oppose any changes in the f ire truck resolut ion that would exclude any f ire

depar tment who is meet ing the guidel ines set for th in the or ig inal agreement . Fur thermore based on

paragraph seven of page two where i t states "as the Fire Commission wil l administer, recommend to the

Board of Commissioners and govern the schedule of these funds for the purposes set forth" I don't feel

that any changes should be made to the or ig inal t ruck resolut ion unless approved by a major i ty vote of

the Fire Commission.

Respectfully,

Josh WaldoMar low Fi re Department

Page 59: Anderson County Board of Commissioners Regular Agenda€¦ · 30,2017. Commissioner Creasey made a motion to approve and to forward to County Commission with a recommendation for

RESOTUTTON TO TSTABLISH A COUNIY FIRE STRVICES DISTRICT

WHEREAS, Tennessee Code Annototed, Title 5. Chapter 17 authorizes counties to form a county-wide fire departmentwhich may serve the entire county area with the agreement of the incorporated municipatities and the county, or whichmay be organized to serve only the unincorporated areas of the county; and,

WHEREAS, County has a need for a county fire department to provide fire protection servjces in theCounty; and,unincorporated areas of

WHEREAS. Chapter 125 of the Pubtic Acts of 1999 amends Tennessee Code Annotated, Tit[e 5, Chapter 17 to a[[ow thecounty legislative body of any county in Tennessee to establish a fire service district for the unincorporated areas of acounty as an alternative to fire tax districts; and,

WHEREAS, when such a fire service district for the unincorporated areas of a county is established, the county isauthorized to atlocate revenues to such fire service district and county fire department from revenues generated bysitus-based taxes cotlected in unincorporated areas of the county, revenues from other sources which have atreadybeen shared with municipalities or from donations or charitable contributions to fund the activities of the county firedepartment; and,

WHEREAS, - County does not wish to form fire tax districts or use county property taxes to fund the countyfire department, nor does - County wish to use any funds contributed to the county by taxes generated inthe incorporated areas of - County to fund the county fire department;

NOW THEREF0RE, BE IT RES0LVED by the Board of County Commissioners ofreqular session in -, Tennessee as fotlows:L. A county fire department for the unincorporated areas 0f - County iswith Tenness;ee Code Annotated, Tjtle 5, Chapter 17, as amended.

hereby re-estabt'ished in accordance

2. The unincorporated area of County is designated a fire service district.3, The county fire department shatl be funded exclusivety from revenues generated by situs-based taxes collected inunincorporated areas of the county, revenues from other sources which have already been shared with municipalitiesor from donations or charitable contributions. Beginning July 1, 20-, funds for the use of the county firedeoartment sha[[ be altocated to a special fund which shatl be created and established and which sha[[ be known as the

and appropriated to the use of the county fire department through the regutar budgetary and appropriation process ofCounty, Tennessee subject to the restrictions provided by this Resolutjon.

Adopted this - day of

APPROVED:County Mayor

ATTEST:County Clerk

20

5 4 COUNIY TECHNICAL ASSISTANCI SIRVICT * TTNNESSIL COUNTY FIRI HAzuN3fiilK

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TI'|THRLSCAI EIilTUAL AIS AG&rrMU$qT F*ftfUfiSuANT TS T.C.A. S[Cffi*f\' 6-34.-6*3

THIS AGREEMENT entered as of the day of

FIRE, Rf;selJt Af\|* rels sfrffivgf,rs&hl* ?.c"4" SreT3$ru x.e-s-T#{e

,2A_, by and among:The City ofThe Town ofThe City ofThe County of

::::::i:?^y::r::e code

,Annotated, sectio n 6-54-601 re[arive to fire fishtins assistance and in

1' *:::J::'r,:]':'^:1"::t: :'l\

ror rire righrins- rescue'rnd EMs assistance (provided by the7 r v v t \ , . L w l J y L l l g

::t::::]::1: 9.:t'lfmelts) :tt{ u.pon request for such assistance made by the senior Fire official

::,::,'l"lt"tn*^ll::j:t*::fl"l the respe:liu. citv or ;il; except as otherwise provided in. r v v r J E P t u v t u e u

|JAT::: t A[[ requests for assistance shatL be made on[y to the E-9i1 dispatch center by radiote|.ephone.

and

2.

3 .

Upon request for aid receivedparty wi[[ authorize response

as provided for in paragraph (1), the senior f ire off icer of the respondingas fottows:

(a) iffiJtJh::,JT"::,::1,H.".T::J1T:l:lptlo provide, when requested, etheran Ensine,ffidH::T,;:s n P r i f i r r c ' , r t t a e + s ^ - - , . - L - , . ;:ffiffi';::na S s i o n m e n f c : c s n r a n A ; ^ ^ ^ - - - -

-il',";ffi;ffi';'JJ,::::'i;i nd iv iduaL denar tmpnf ha : . tc t r - ^L . . ^L : - r , . , , ;l';i; i',:i:llff,:lcrew sizes:

or

requests orthemin imum

EngineIankerExtrication VehicleManpower SquadEMS/RescueOther Vehicles

fhe maximum responsepersonnel and resources

three firefighterstwo firefighterstwo firefightersfour fireffghterstwo EMS trained firefighterstwo firefighters

T,ill'j!uoi,:ffi:T.un'witt be no more than 50 percent or the totarEach party's response witL be determf ned by the severity of the. emergency in the requesting[iifJtlT:TJ]"

as determinuo uv ''u ,unio' ri,.u offi.e, or ir.,* asency from which the

the senior rire "rrr;;;;;;ff;'rse

ot responding to a reguest under r11ii rgi*ffi#tJ'-tponding partv reas,nab ty ietermnes, ,*url* nsideration 0fAssfsrA#Eftm

" IINilES

Page 61: Anderson County Board of Commissioners Regular Agenda€¦ · 30,2017. Commissioner Creasey made a motion to approve and to forward to County Commission with a recommendation for

,,.'.g@)

3 .

4.

5 .

6 .

7.

the severity of the emergency in both jurisdictions, that the responding party cannot

compty with the minimal requirements under th' is agreement without endangering Life or

incurring signif icant property damage in his jurisdiction, or both, he may choose to useaLL equipment and personne[ in his own jurisdiction. In th' is case, the sen'ior f ire off icer ofthe responding party shall attempt to inform the senior f ire off icer of the requesting party

of the decision as soon as possible. In cases where two or more requests for mutual aidassistance are made at the same t ime, thereby making compl iance with the minimumrequirements of this agreement impossible for the responding party, the senior f ire off icer ofthe respond'ing party sha[[ determine, based upon a reasonable appraisal of the emergenciesof the requesting jurisdictions, how best to respond to the requests. The senior f ire off icer

may determine to send atl avajlable resources under this agreement to the jurisdiction withthe direst emergency, or he may send some resources to each requesting jurisdiction. The

sen'ior f ire off icer shatl inform the requesting offjcer of the requesting parties of his decision.In both situations outl ined in this subsectjon (b) where comptiance with the mjnjmal duties

of th' is agreement is ' impossibte, the requesting party or parties wi|.t not expect futl compliance

with those minimal duties but wil l expect a fair appraisal of the emergencjes jnvolved and a

commensurate response.

When fire department personnel are sent to another community pursuant to this agreement, thejurisdiction, authority, r ights, priviLeges and immunities, including coverage under the Workers'

Compensation Laws, which they have in the send'ing Department shall be extended to and include anygeographic area necessary as a result of the request when these personnel are acting within the scope

of the authority conferred by this agreement.

The party who requests mutual aid shal.l" jn no way be deemed tiabte or responsible for the personal

property of the members of the Department of the responding par,ty that may be [ost, stolen, ordamaged whil.e performing their duties in responding under the terms of this agreement.

The party responding to the request for mutual aid under the terms of this agreement assumesal.l. Liabil i t ies and responsibil i ty as between the parties for damage to its own apparatus andforequipment. Ihe party responding also assumes al.L Liabil i ty and responsibil i t ies as between the parties

for any damage caused by its own apparatus and/or negligence of its personnel while enroute to or

returning from a specif ic tocation.

Pursuant to Tennessee Code Annotated, 2g-20-107(f), for Liability purposes only, employees of theresponding party shall be considered employees of the requesting party white at the scene of theemergency and undertaking operat' ions pursuant to this agreement.

The parties wiLL pay compensation Except as otherwise provided below, it is understood that therequesting party shaLl pay to responding party aL[ documented costs and expenses incurred byresponding party as a result of extending aid and assistance to responding party. Requestingparty shatl be ult imately responsible for reimbursement of aL|. eligible expenses. In order to receivereimbursement, responding party shal l submit reimbursement documentat ion to request ing party on

the forms provided by TEMA.

64 COUNTY THCHNTCAL ASSISTAI'dCT S[RV]C[ " TENNESSEI C*UNTY FIRE HAhID3fiilK

Page 62: Anderson County Board of Commissioners Regular Agenda€¦ · 30,2017. Commissioner Creasey made a motion to approve and to forward to County Commission with a recommendation for

Reimbursement of Emergency Aid and Assistance - Responding party shaLl only be entit[ed to

reimbursement by requesting party for aid and assjstance provided in excess of four (4) hours and shatl

only receive payment for one-hatf (1/2) of its reimbursable costs and expenses for aid and assistance

provided for a time period of between four and eight hours. Responding party shall be entitled to

100 oercent of its reimbursabte costs and expenses for att aid and assistance provided in excess of

eight hours. The time periods herein shatl be calcuLated from the time the responding party leaves its

jurisdict ion to the t ime i t returns to i ts jur isdict ion.

Personnel - During the period of assistance, responding party shatl continue to pay its employees

according to its then prevaiting wages, including benefits and overtime. Requesting party sha[[ reimburse

responding party for a[[ direct and indirect payroll costs and expenses, including travet expenses,incurred during the period of assistance, inctuding, but not limited to. emptoyee retirement benefits asprovided by Generatly Accepted Accounting Principles (GAAP). However, requesting party sha[[ not beresponsible for reimbursing any amounts paid or due as benefits to responding party's personnel underthe terms of the Tennessee Workers' Compensation Act.

Equipment - Responding party shall be reimbursed by requesting party for the use of its equipmentduring the period of assistance according to either a pre-established Local or state hourty rate oraccording to the actual reptacement, operation and maintenance expenses incurred. For those instancesin which the Federal Emergency Management Agency (FEMA) reimburses costs, the FEMA-etigibLe directcosts sha[[ be determined in accordance with 44 C.F.R. 206.228.

Materials and Supplies - Responding party sha[[ be reimbursed for a[[ materials and supplies furnishedby it and used or damages during the period of assistance; except for the costs of equipment, fuel andmaintenance materials, labor and supplies, which shal l be incLuded in the equipment rate describedabove, untess such damage is caused by gross negtigence, wi[[fu[ and wanton misconduct, intentionalmisuse, or reck[essness of responding party's personnel. The measure of reimbursement sha[[ bedetermined in accordance with 44 C.F.R. part 133 and applicabte Offjce of Management and Budget(0MB) Circutars.

Record Keeping - Responding party shaLl maintajn records and subm'i t jnvoices for reimbursement byrequest ing party. For those instances in which the Federal Emergency Management Agency (FEMA)reimburses costs, request ing party is responsible for submit ted requests for reimbursement to TEMA onforms required by FEMA publ icat ions, inctuding 44 C.F.R. part 13 and appt icabte Off ice of Managementand Budget (OMB) Circulars.

Payment and Other Miscellaneous Matters as to Reimbursement -The reimbursable costs andexpenses with an'itemjzed jnvoice sha[[ be forwarded by responding party to requesting party as soon aspracticab[e after the costs and expenses are incurred, but not later than 60 days after the provision ofaid and assistance has ended.

COUhITY ?TCHNICAL ASSISTANCI SIRVICI * TTNNTSSTI IOUhITY i lR[ HANN***{ 6 5

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The respect ive part ies agree that no claim for compensat ion wi[ t be made by ei ther against the other

for [oss, damage, or personaL injury occurr ing in consequence of mutual aid assistance rendered under

this agreement and aLL such rights or claims are hereby expressly waived.

The senior f i re of f icer in whose commun' i ty the emergency exists and who places the request for

assistance, shal l ' in al t instances be in command of the emergency as to strategy, tact ics and overal l

direction of the operations. A[t orders or directions regarding the operations of the responding party

shatl be relayed to the senior f ire off icer jn command of the responding party.

In addit ion to the foregoing provis ions, the part ies agree to provide automatic mutual aid to the

specific industrial, commerc'ial and selected other properties as Listed on Exhibit B - "Automatic Aid

property or zone", attached to this document. Adding or subtracting properties when agreed to by a[L

the f i re chiefs of the part ies to this agreement may amend Exhibi t B. Automatic aid is def ined as the

s'imultaneous dispatch and response of two or more fire departments to the same property, area, or

zone regard[ess of the actual Location or jurisdiction of the property.. This agreement shalt continue from year to year from 20-, through

20-., unless either party gives written notice of terminat' ion hereto at Least

sixty (60) days prior to Juty 1 of any year. No further obligations or liabitities shatl be imposed uponthe withdrawing party after termination. This agreement shall continue in effect with respect to atlparties that have not withdrawn untess the number of active parties is reduced so that on[y one partyremains.

o This agreement sha[L be valid between the signed parties when it is executed by any two of the Mayorsand fire chiefs of the respective political jurisdictions pursuant to the ordinance/resolution of eachjurisdiction authorizing the Mayors to execute it.

IN WITNESS WHERE0F. the parties hereto have executed this agreement as of the day and yearwritten above.

City of:

MayorBy:

By:

By:FireChief

City of:

MayorBy:FireChief

Town of:By: By:

FireChiefMayor

COUNIY TTCHNITAL ASSISTANCT STRVTCI o TINNISSEI COUNTY ruR[ LjAN****K6 6

Page 64: Anderson County Board of Commissioners Regular Agenda€¦ · 30,2017. Commissioner Creasey made a motion to approve and to forward to County Commission with a recommendation for

County of:

By: By:

County Mayor Fire Chief

Approved as to form:

City and/or County Attorneys

COUhITY TICHNICAL ASSISTANCI STRVICE " THNNESSTT CI}I.JNTY TIRI I.{AND'X}ilK 67

Page 65: Anderson County Board of Commissioners Regular Agenda€¦ · 30,2017. Commissioner Creasey made a motion to approve and to forward to County Commission with a recommendation for

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Veterans lVlernorial

GuestSpeakerDr.CurtisSexton.Therewillbeawreathlaying ceremony at the Veterans Memorial by Dr' Sexton

and Anderson Co' MaYor Terry Frank'

Everyonehave paid

is invited to join us as we remember those who

the ultimate sacrifice so that we may enjoy the

freedoms so many take for gtarrted'