February 18, 2016

INTERGOVERNMENTAL AGREEMENT
CONCERNING SAVANNAH-CHATHAM METROPOLITAN POLICE DEPARTMENT
THIS AGREEMENT, is made and entered into this _____ day of February, 2016, by and
between CHATHAM COUNTY, GEORGIA, a political subdivision of the State of Georgia
(hereinafter referred to as County) and the MAYOR AND ALDERMEN OF THE CITY OF
SAVANNAH, a municipal corporation chartered under the laws of the State of Georgia
(hereinafter referred to as City).
WHEREAS, the Constitution of the State of Georgia of 1983 in Article 9, Section 3,
paragraph 1, provides that municipalities, counties, and political subdivisions of this state may
enter into agreements with one another for the provision of services by intergovernmental
agreements for a period not to exceed fifty (50) years; and
WHEREAS, the County and City are mutually concerned about reducing crime, improving
police responsiveness and visibility, facilitating more effective criminal investigations, improving
drug enforcement and improving the overall criminal justice system within County and City in
the most cost-effective manner; and
WHEREAS, the County and City entered into an intergovernmental agreement on the
16th day of October, 2003 for the purpose of both providing jointly police services in the
unincorporated area of the County and in the City, as well as county-wide for Animal Control,
Marine Patrol, Chatham-Savannah Counter Narcotics Team and Emergency Medical Services
administration, through a police department known as Savannah-Chatham Metropolitan
Police Department and referred to as MPD; and
WHEREAS, the County and the City had each provided police services to their citizens
and now provide police services through an intergovernmental agreement; and
WHEREAS, the County and the City have been negotiating since 2014 to replace the
2003 intergovernmental agreement; and
WHEREAS, the County and City agree that the MPD jurisdiction is defined as the
geographic area of the City, and the unincorporated County, as it exists on the date of
execution of this Agreement and as it may be amended and that this area of jurisdiction will be
hereinafter referred to as the MPD jurisdiction; and

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WHEREAS, the County and City recognize that the police service needs of the City and
unincorporated County are different and that the concentration of utilized services may
therefore differ; and
WHEREAS, the County and City intend to provide absolute accountability for MPD
services within the separate jurisdictions of the County and the City by developing a system to
measure and track services provided using objective performance factors and metrics, so that
an evidence-based funding formula can be developed reflective of the services utilized by each
jurisdiction; and
WHEREAS, the Mayor and Aldermen of the City of Savannah reviewed this Agreement
and authorized the City Manager to sign this document at the February ____, 2016 meeting of
Mayor and Aldermen.
WHEREAS, the Board of Commissioners of Chatham County reviewed this Agreement
and authorized the Chairman to sign this document at the February ____, 2016 meeting of the
Board of Commissioners; and
NOW THEREFORE, in consideration of the mutual covenants and agreements herein
made, the County and City do hereby mutually agree as follows:
1.

Effective Dates
This Agreement will begin January 1, 2016 and will operate through December 31, 2020.

2.

Jurisdictional Authority and Governance

A.
Legal Identity. The MPD will not be a separate legal entity for purpose of the
City and County to provide police services to its respective jurisdiction, but will be an joint
instrument of the City and County governments. The MPD will provide the full range of police
services in the unincorporated area of the County and in the jurisdictional area of the City
pursuant to this intergovernmental agreement.
B.
County-Wide Jurisdiction of Officers of MPD and Enforcement of Ordinances. All
Police Officers and new recruits of the MPD will be sworn in by the City and County as MPD
Police Officers and then assigned to the MPD. MPD officers will have authority to enforce
County and City Ordinances, and to exercise the authority of law enforcement officers
generally, as conferred by the laws of Georgia. The County Clerk of Commission and Sheriff
have the authority to swear in Police Officers for the County-Wide Jurisdiction.
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C.
Policy Committee and Elected Officials. A Policy Committee is herein established
to provide governance over intergovernmental issues and affairs between the County and City
regarding the MPD and to ensure implementation of this agreement. The Policy Committee will
consist of four persons: the Mayor of the City or an Alderman designated by the Mayor, the
Chairman of the Commission or a Commissioner designated by the Chairman, the City Manager
and the County Manager. The Policy Committee shall meet at least quarterly. The Chief of the
MPD or the Chiefs designee will attend all Policy Committee meetings.
Policy direction from the Commission shall be provided through the County Manager to
the Chief, with written notice to members of the Policy Committee. Policy direction from the
City Council shall be provided through the City Manager to the Chief, with written notice to
members of the Policy Committee.
Elected officials shall exclusively communicate to the County Manager and City Manager
any service requests, and the Chief shall provide prompt action and response considering
available departmental resources. Both the City Manager and the County Manager shall have
direct access to the Chief.
All written notices required herein shall be copied to the Policy Committee through the
respective Manager for each governing authority.
D.
Compliance with the law. It is intended that the operations and administration
of the MPD be fully in conformance and compliance with the charters and ordinances of the
County and City. Nothing in this amendment Agreement shall supersede such charters and
ordinances.
3.

Evidence Based Funding Formula

The City and County understand that their respective jurisdictions have both common
and different needs as to police services. The City Manager and County Manager desire to
provide quality police services within their respective jurisdictions, through direction to the
Chief of Police. During this Agreement a Staff Committee shall be convened to provide a due
diligence review of provided MPD services to develop, on or before March 31, 2017, an
evidence-based funding formula.
A.
Law Enforcement Consultant. To develop an evidence-based funding formula,
the City and County will jointly select and equally share the expense of an independent law
enforcement consultant or organization to provide guidance to the Staff Committee. The
consultant will provide assistance and guidance to the Staff Committee in the collection,
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analysis and interpretation of relevant data, best practices, benchmarks and performance
measures, and will document provided and needed MPD services both within the
unincorporated County and municipal City boundaries. The consultant shall be actively involved
throughout the process to develop an evidence-based funding formula.
B.
Staff Committee. The Staff Committee will include the City Manager, County
Manager, Police Chief, selected staff members and the law enforcement consultant. The Staff
Committee shall be charged with the duty to meet at a minimum once a month, with
mandatory attendance required, except that attendance may be excused if related to illness,
emergency or other unexpected absence.
The Staff Committee and the Consultant shall develop accountability standards to
resolve concerns related to precinct composition, beat structure, police service levels,
organizational structure and cost division for the MPD. To develop these standards, the Staff
Committee and Consultant shall analyze benchmarks, call data, crime statistics and other
metrics and service levels provided by the MPD within each jurisdiction. The Staff Committee
and consultant shall review the current organizational structure, precinct use and beats. The
Staff Committee and consultant shall actively review and analyze measured data to determine
applicability and methodology for overall governance, operations, and citizen service
accountability. The Staff Committee and consultant shall gather relevant data, conduct a
resource allocation study, analyze and develop metrics for application to each jurisdiction,
including, but not limited to, the following factors of service levels of each jurisdiction, crime
rates Part I and II, percentages of types of crime, 911 calls for each jurisdiction classified by type
of call, response time information, street officers coverage ratio, jurisdictional population, day
time jurisdictional population, beat structure, precinct structure, composition of precinct staff,
staffing vacancy rates and such other factors that will ensure accountability standards to an
evidence-based funding formula. The evidence-based funding formula will be based on
metrics, benchmarks, and data as gathered through resource allocation and other studies, and
analyzed by the Staff Committee. Data will be gathered for all MPD functions to include
administrative departments, shared cost centers and E911 Communications. Both parties are
expected to make a good faith effort to develop a fair and effective evidence-based funding
formula.
To assist the Staff Committee and consultant, both parties shall have access to all E-911
data, police reports together with service reports, except as to ongoing investigations and other
confidential matters.
Both parties will provide quality periodic updates, at least monthly, to each governing
body on the progress of discussions and, when possible, will issue joint press releases.
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The City Manager and the County Manager will recommend to their respective
governing bodies an evidence-based funding formula consistent with the Staff Committees and
consultants recommendations.
Such new evidence-based funding formula, when adopted by each governing body, will
become effective retroactively to January 1, 2016.
4.

Organizational, Operational, and Cost Allocation Structure

A.

Organizational Structure

1)
Beats. While it is preferable that all beats that presently encompass both City
and Unincorporated County areas be redrawn so that no beats cross jurisdictional lines, MPD,
on or before August 31, 2016 will install technology tracking in all MPD vehicles so that it can be
readily recorded which vehicles are in which jurisdictions. The Chief will keep accurate records
of the time worked by officers in each jurisdiction.
2)
Commanding Officer. The Commanding Officer of the MPD will be at the level of
County and City Police Chief and will be known as the Police Chief of the MPD (Chief).
a)
Selection, Salary, Employment and Removal of Chief. The County Manager and
City Manager will jointly consult and confer as to the selection and removal of the Chief. The
City Manager shall have final decision making authority as to the selection and removal of the
Chief. The County Manager will render his/her opinion in writing to the City Manager as to any
selection or termination decisions. City Manager and County Manager shall jointly consult to
negotiate the salary of the Chief dependent upon experience and other relevant factors. Unless
otherwise directed by the City Manager, Chief will be a City unclassified employee, and occupy
a City position as head of the MPD, acting in accordance with the Charter, policies, rules and
regulations of the City.
b)
Supervision. As a City employee, Chief shall be answerable to the City Manager
for all matters except for policing matters occurring in the unincorporated area, for which the
County Manager will provide specific direction to the Chief. Though Chief will occupy a City
position, in accordance with the outlined jurisdiction herein, Chief shall be answerable to the
County Manager for all policy matters occurring or arising out of the unincorporated area. City
Manager shall have no decision making authority over any policy action or inaction arising out
or occurring in the unincorporated area of County.
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c)
Access to Chief. The City Manager and County Manager will establish
administrative procedures to afford them direct access to the Chief and to delegate police
service tasks to the Chief. The Chief shall attend Department Head and other meetings
scheduled by the County Manager and the City Manager, and may send a representative as
necessary. The Chief will make presentations to Council and Commission upon request.
d)
Performance Evaluation of MPD Chief. For purposes of evaluating the Chiefs job
performance, the City Manager and County Manager shall independently develop an approved
work plan with performance criteria within the respective jurisdictions and shall evaluate the
Chiefs performance. At least annually, the City Manager and County Manager each shall
provide a written evaluation of the Police Chief and all written performance evaluations shall be
reviewed by the Policy Committee.
e)
Chiefs Responsibilities. The City Manager and County Manager will establish
and provide clear direction to the Chief for administrative and managerial responsibilities and
related processes for their respective jurisdictions. Target service levels for each jurisdiction
are defined as that level of police service delivery necessary for governance, and the City
Manager and County Manager will identify target service levels for their respective
jurisdictions. The Managers will receive the Chiefs recommended implementation plan to
achieve target service levels, and will recommend adoption, rejection, or amendment of the
plan to the Policy Committee. Police Chief will have direct responsibility to keep the City and
County Manager informed as to the application of services and evidence-based funding formula
for costs as to each jurisdiction.
f)
Chief as record keeper. The Chief shall maintain records and accounts as
requested by the City Manager or County Manager in order to demonstrate services provided
in the City and in the unincorporated County. The Chief shall provide any requested
information to the Staff Committee to facilitate a review of MPD services and development of a
revised cost funding formula. The Chief shall also provide a report of service measures to the
City Manager and County Manager at least annually. Service Measures will include but will not
be limited to statistics for each jurisdiction related to number of precincts and beats serving
each jurisdiction, response time, calls for service, crime statistics (Part I and Part II), open cases,
closed cased, personnel assignments, workforce recruitment, police reports, vacancies and
retention of staff, the staffing of precincts, and provision of mutual aid. At all times during this
Agreement, the Chief shall provide whatever available data the City Manager or the County
Manager requests. Whatever data is provided to the City shall also be shared with the County.
Whatever data is provided to the County shall also be shared with the City. Both the City and
the County shall deliver to the other whatever MPD data is requested by either manager.
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B.
Operational Structure. Until changed pursuant to this Agreement, MPD
departments will be retained except that property crime investigators will be moved to the
precincts from other MPD departments. For purposes of this agreement, departments can be
categorized as:
1)
City-Only Departments. Mounted Patrol, Savannah Impact, and Savannah
Impact-Work Ventures are classified as City-Only Departments since they operate only within
the Citys municipal limits. Crimestoppers is also classified as a City-Only Department, and
provisions for its operation are considered in a separate intergovernmental agreement.
Historically, the City has fully borne the operational costs of these departments.
2)
County-Wide Departments. The Chatham-Savannah Counter Narcotics Team
(CNT), Animal Control, Marine Patrol and Emergency Medical Services (EMS) are classified as
County-Wide Departments. Under the 2003 intergovernmental agreement, these departments
were included in the MPDs administrative umbrella but were fully funded by the County.
County-Wide Departments have been returned or will return to the County Managers
operational jurisdiction under the following schedule:

CNT and EMS July 1, 2015

Marine Patrol and Animal Control July 1, 2016

The County Manager and City Manager will develop a separate plan detailing the
transition of staff from City to County employment.
Animal Control and EMS units will continue to be dispatched through the E-911 center,
and will respond to service calls throughout Chatham County, serving the City of Savannah on
the same basis as they serve other areas of the County.
The Counter Narcotics Team (CNT) will operate as a County Department reporting to the
County Manager as provided for in a separate intergovernmental agreement. Policy direction,
structure, funding, staffing and all other matters concerning CNT are governed by the
aforementioned intergovernmental agreement and are not outlined herein. Both parties agree
to amend the existing CNT Intergovernmental Agreement to incorporate County
reimbursement of CNT administrative personnel who retain status as City employees.
3)
Shared Departments. Other MPD Departments that serve both the City and
County are categorized as Shared Departments. As of the date of this agreement, these
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departments included Police Chief, Patrol, Criminal Investigations/Special Operations, Traffic

Unit, Canine Unit, Support Services, Information Management, Emergency Communications,
and the Office of Professional Standards, and Training & Recruitment.
a)
Office of Professional Standards. It is the desire of both parties to agree that the
Office of Professional Standards and Internal Affairs will operate using the best practices to
include a bifurcation of the unit into two divisions, to wit, the Office of Professional Standards
and Internal Affairs. The Chief shall endeavor to introduce to the extent practical and advisable
the best practices as outlined in industry standards which have been developed by the
Committee on Accreditation of Law Enforcement Agencies (CALEA). If any complaint, grievance
or investigation of any MPD officer is initiated by any other law enforcement agency or by the
County Manager or City Manager and referred to the Internal Affairs division, the Chief shall
ensure that a written copy of the resulting Internal Affairs report, and any action taken by the
Chief in response to the report, is provided to the initiating agency and the Policy Committee.
b)
Aviation and Charges. The MPD Budget shall include appropriations to
reimburse the County for costs incurred for the utilization of mosquito control aviation by the
MPD. The amount of such charges shall be billed at the actual cost per hour to include flight
time, pre-flight and post-flight operations. The City will expense the cost of services to the
Department requesting the service (e.g. Patrol, Traffic Unit, etc.). Placement of MPD
equipment on County aviation units will be subject to approval of the County Manager.
4)
Function of Chief Upon implementation of Agreement. It is anticipated that the
Chief will review the current operational structure of MPD and may realign some activities
described herein. If so, upon approval of Managers in accordance with this agreement, if it is
beneficial to break these activities out into separate departments to track activities and costs,
Chief will do so.
C.
Cost Allocation Structure. It is the intent of both parties to develop a cost
structure for each jurisdiction based on actual services provided within each service area.
Under the 2003 intergovernmental agreement, costs to operate Shared Departments were
allocated on the basis of geography and population. This agreement is adopted by both parties
with the expectation of the development and implementation of an evidence-based funding
formula, as described in Item 3 on Pages 3 and 4 above, for cost allocation of Shared
Departments.
1)
Until the implementation of the evidence-based funding formula, the County
agrees to pay the City a fixed fee of $13,100,000 per annum for the services of Shared
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Departments, payable in monthly installments of $1,091,667. This fee will be subject to

reconciliation pursuant to the evidence-based funding formula devised pursuant to Item 3.
Because the City voted on its 2016 budget in 2015 and that budget anticipated
$14,154,780 annual payments from the County, the County will pay $14,154,780 for calendar
year 2016, payable in equal monthly installments of $1,179,565. For calendar year 2017, the
County will pay $12,045,220, payable in equal monthly installments of $1,003,768.
In addition to the fixed fee, the County shall remit to the City all of the Countys revenue
received from E911 Emergency Telephone Service Fees.
2)
For the term of this Agreement, the County will fully fund the operations of
County-Wide Departments and will reimburse the City on a monthly basis for any expenditures
paid by the City to the County on behalf of these departments.
3)
For the term of this Agreement, the City will fully fund the operations of CityOnly Departments and will reimburse the County on a monthly basis for any expenditures paid
by the County to the City on behalf of these departments
4)
Any additional capital or operating cost that benefit both parties shall be based
on an equitable cost share to be agreed upon by both parties prior to procurement or
implementation. All new capital or operating costs shall be referred to the Policy Committee.
The Policy Committee shall recommend approval, denial or modification to both parties for
approval by both governing bodies.
5)
The County will pay for any new or expanded services or capital items it requests
that are not in place as of the effective date of this Agreement, and the cost of new or
expanded services may add to the Countys annual fee. Likewise the City will pay for any new
or expanded services it requests that are not in place as of the effective date of this Agreement
and will bear the related cost. Each entity will provide written notice of the new or expanded
service to the other.
6)
911 Emergency Communications.
A combined E-911 public safety
communications center (Public Safety Answering Point or PSAP) currently provides all services
for the unincorporated area, City, and other municipalities within Chatham County with the
exception of Tybee Island. The center operates under the MPDs administrative structure. The
County has designated the MPD as its public safety answering point. Any E-911 fees collected
by the County will be remitted to the City for costs of the centers operation. Operating costs in
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excess of fees will be determined and paid pursuant to the evidence-based formula or until
such time as a separate intergovernmental agreement regarding E-911 services is executed.
It is the intent of both parties to implement the recommendations and provisions
enumerated in the document City of Savannah Operational Plan for Consolidation of Police
and Fire Dispatch dated October 17, 2011 prepared by Windborne & Costas, Inc. The City
Manager and County Manager will prepare an implementation plan with a two-year timeline
for full operational implementation which will be subject to the approval of both the
Commission and Council under a separate intergovernmental agreement. To the extent such
an implementation plan ultimately alters the reporting and managerial structure between the
emergency communications /E-911 Center functions and the Chief, the MPD Agreement will be
correspondingly amended to alter the MPD jurisdiction, related departmental and cost
structure.
It will be the City Managers fiduciary responsibility to budget and account for all E-911
fees and expenses. E-911 Revenues and net assets of the Citys Emergency Communications
Fund available as of the effective date of this Agreement shall be used to fund communications
related costs for the E-911 Centers operation. Any revenues of the County and City Emergency
Telephone Systems Funds received after the effective date of this Agreement shall be used to
fund the annual operating costs of the Communications Cost Center, until such time as a
separate intergovernmental agreement is executed.
6.

Employees

A.
MPD Employees. All MPD employees are classified as City employees, and
except as otherwise provided in this or other intergovernmental agreements, shall be subject to
the personnel policies, procedures, rules and regulations, pay and benefits of the City. A list of
authorized positions by Cost Center for the MPD as of January 1, 2014 is incorporated into this
Agreement as an exhibit to provide baseline staffing data and an indication of the level of
resources and effort existing as of the date of this Agreement.
B.
Equal Opportunity and Diversity. The administration and staff of the MPD will be
committed to equal employment opportunity and diversity in the MPD work force consistent
with the law, and will strive to achieve appropriate representative goals in recruitment, hiring
and promotion to equal employment opportunity and diversity consistent with law.

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C.
Uniforms, Vehicles and Weapons.
The uniform of MPD will remain
representative of a professional metropolitan police organization with visual recognition of the
rich department history of the County and City Police Departments.
D.
Take-Home Vehicle Policy. The City and County Manager, through the Chief, will
develop a unified take home policy for sworn personnel to be implemented on an incremental
basis.
E.
Medical, Pension and OPEB Benefits. Nothing herein shall prevent either the City
or the County from modifying its pension plan, or any other employee benefit plan, in the
future. Any future modification of the City Pension Plan shall apply to MPD employees who are
participants in the City Pension Plan, and any future modification to the County Pension Plan
shall apply to MPD employees who are participants in the County Pension Plan. The City shall
allocate costs to the MPD for Medical, Pension and OPEB benefits on the same basis as
allocated to other City departments and bureaus.
Former County police officers and staff had elected to remain on the Countys Pension
Plan and Medical Plan during the initial staff transition to City employment in 2003 through
2005. These employees shall continue to be participants in the County Pension Plan and
Medical Plan. Provisions of the County Pension Plan shall apply to all participants in the County
Pension Plan. Provisions of the Countys Medical plan shall apply to all participants in the
Medical Plan. The pay of employees who elected County benefit plans shall be subject to
withholding for employee medical premiums and pension contributions as specified in the
County plans. The City shall pay to the County the amount of such withholdings on a monthly
basis. The employer cost for retirement benefits, OPEB and medical benefits for such
employees shall be included in the MPD budget and remitted to the County on a monthly basis.
The amount of employer cost for the Pension Plan shall be based on the annual actuarial
valuation of the Countys Pension Plan and allocated to the MPD on the same basis as allocated
to other County departments. The amount of employer cost for OPEB (other post-employment
benefits) shall be based on the biennial actuarial valuation of the Countys OPEB plan and
allocated to the MPD on the same basis as allocated to other County departments.
7.

Legal Representation and Settlement of Outstanding Claims

A.
County Provided Representation. The County Attorney will represent the
County, MPD, the City (if requested), and MPD officers or employees who are sued for incidents
arising out of the use or ownership of county-owned vehicles. The County Attorney will also
represent the same listed parties in all actions arising out of any incident involving staff
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assigned to Animal Control and the Counter Narcotics Team. The County Attorney will also
represent the same parties listed when an incident not otherwise covered by this agreement
occurs within the unincorporated area of the County. The salaries and benefits of the County
Attorney and other County legal staff shall not be charged back directly or indirectly to the MPD
Budget. County is responsible for payment of all claims settlements or judgments made in
pursuant to this paragraph. The payment of such settlements or judgments shall not be
charged back directly or indirectly to the MPD Budget as part of any Cost Center.
B.
City Provided Representation. The City Attorney will represent the MPD, the
County (if requested), the City and MPD officers or employees who are sued for incidents
arising out of the use or ownership of a city-owned vehicle. The City Attorney will also
represent the same listed parties when an incident not otherwise covered by this agreement
occurs within the corporate limits of the City. The City is responsible for the payment of all
claims settlements and judgments covered by this paragraph. The payment of such settlements
or judgments shall not be charged back directly or indirectly to the MPD Budget as part of any
Cost Center.
C.
Employment claims. As all employees of MPD are City employees, the City
Attorney will represent the MPD, the City and County in all employment law matters and
claims. The salaries and benefits of the City Attorney and other City legal staff shall not be
charged back directly or indirectly to the MPD Budget. All other costs related to the defense of
such claims and the payment of any settlements or judgments resulting from such claims shall
be charged back to the MPD budget as approved by the Policy Committee.
D.
Subrogation. The parties waive any rights to subrogation against the other for all
matters as to each other and MPD. At the time of this agreement, both parties are self-insured.
Should either party obtain insurance, the other party shall not be charged through any cost
center or other cost allocation procedure for the internal service fund, pro rata cost, or
premium as it relates to MPD functions.
E. Procurement of Insurance. Should City or County elect to participate in a liability
insurance program or similar organization providing for defense and insurance for the claim, all
expenses for premiums, or fees, shall be paid by the jurisdiction that is included or participated
in such program and said amount not charged to the other party, nor shall the other party be
considered a purchaser of insurance as part of participation in this agreement.
F.
No Requirement to Defend or Waiver of Immunity. By entering into this
agreement, City and County do not waive any defense as to sovereign immunity and any waiver
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of sovereign immunity is only to the extent allowed by general law. Nothing contained herein
shall require the City or County to defend any claim, or to pay any judgment against any
employee without the express approval of the City Council or County Commission, or to defend
any claim or pay any judgment for actions (i) taken in violation of any law or any policy of the
City or the SCMPD, (ii) for violations of claimants civil rights under the Constitution of Georgia
or the United States, or (iii) for actions taken outside the scope of his or her employment.
Nothing contained herein is intended to any sovereign or other immunity which may apply with
respect to any claim.
G.
Outstanding Claims. Any outstanding claims or funding disputes made by either
the City or the County against the other for activities that occurred prior to the enactment of
this agreement related to the operation of the MPD or Recorders Court shall be considered
resolved, or waived so that neither party has a remainder claim. All disputes regarding money
or other compensation owed under the previous intergovernmental agreements for MPD and
Recorders Court are satisfied and shall not be governed by this Section or the previous
agreement. As of the date of this Agreement, the City contends that the County owes funds for
MPD in excess of $1.8 million related to each jurisdictions interpretation of the cost allocation
formula in the 2003 intergovernmental agreement. The County estimates the amount due
from City from 2008 to 2013 for Recorders Court is $2.8 million dollars. Notwithstanding
provisions of this paragraph, the City agrees to reimburse the County for the purchase of the
old Comcast building located at 5515 Abercorn Street, Savannah, Georgia by June 30, 2017.
8.

Budget Process and Policy

A.
General Principles.
It is the express intent of this Agreement that each
jurisdiction is intended to contribute its fair share of funding for the MPD, thereby providing
fiscal equity between the two jurisdictions. Each jurisdiction is intended to receive services in
accordance with the funding that it provides. The difference in per capita funding by each
jurisdiction shall reflect evidence based factors such as, but not limited to: (a) police call
volume; (b) crime statistics; (c) geographic response time; and (d) ratio of police officers serving
the jurisdictional population to include non-resident tourists. Either Manager may at his or her
own discretion delineate additional factors based upon the direction of the respective
governing authority.
B.
The MPD Budget Process. The MPD Budget shall be prepared by the City
Manager in conformity with the requirements of the City Charter and City Code for each annual
period commencing each January 1. Effective for the period beginning January 1, 2017, the City

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Manager will prepare a biennial budget detailing the estimated operating costs and capital
costs, when not included in the operating budget, for twenty-four months of MPD operations.
During budget development and prior to making a final budget recommendation, the
City Manager shall confer with the County Manager and County Staff designated by the County
Manager as to the MPD Budget Proposal and shall provide a budget calendar outlining key
dates in the budget process. The City Manager, in consultation with the County Manager, shall
modify the proposed MPD budget to conform to changes requested by the Commission and
City Council.
1)
The City Manager shall provide the MPD final proposed budget and funding
requirements by source to the County Manager and City Council no later than December 1st
each year.
2)
Capital items requiring funding from both jurisdictions will also be included in
the budget proposal. The City Manager shall request the appropriate budget authorization
from the City Council and the County Commission, working with the County Manager to obtain
budgetary approval from the Commission. The Countys budgetary approval shall be required
before the City contracts for or commits funds.
C.
Additional Service Needs. It is recognized that the demand for services in the
Citys jurisdictional boundaries and in the unincorporated County differ. Consequently,
additional services or programs may be desired by either party after the enactment of this
Agreement. As stipulated in Section 2C on page 3 above, the Policy Committee will approve
implementation plans for target service levels, and those plans may include a recommendation
for additional services. Where such services provide benefit to only one party, the benefitting
party will request and incur the related cost for the service. Should the City desire additional
reoccurring services that benefit both parties, the City Manager may seek resources from the
county. The City Manager shall provide detailed information to the County Manager on the
proposed new or expanded service to include a recommended budget proposal outlining the
operational costs and any necessary equipment items, as well as any increases in authorized
positions. The County Manager will seek budgetary approval from the Commission for these
items as though the MPD were a County department. Such budgetary approval by the
Commission will be required before any allocation of costs for these new or additional
services, or provision of these services by the City to the County. Likewise, the new service for
the City may result in an increase in cost to the City and said cost shall not be charged to the
County. If the Commission withholds its approval, the related activities will be accounted for
as a City-Only Department in the Citys ledgers and paid for solely by the City. A reciprocal
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process will be utilized in instances where the County desires additional or expanded services
for the unincorporated area.
D.
County Staff within MPD. The County Manager may designate a county
employee, appointed and paid for by the County, whose responsibility is to work in a
coordinated effort to ensure that the County Manager has full and complete disclosure of all
financial and operational matters related to the MPDs use of County resources. The intent and
purpose of this paragraph is to ensure that the County Manager receives all information
necessary to ensure verification of financial and service measure information provided. The
cost of such employee shall not be included in the MPD budget.
E.
Audit of MPD Police Expenses, Access to Records and Reporting. As an
instrumentality of the City, the MPD accounts shall be audited annually by an independent firm
of accountants as part of the annual City audit made in conformance with audit requirements
for municipal governments set forth in State law and the City Charter.
F.
Additional Audits. Each party may, at its own expense, conduct additional
financial or operational audits of the MPD.
G.
Annual Reconciliation. Under the 2003 intergovernmental agreement, the City
Manager would, at the completion of each calendar year, determine the actual costs of the
MPD for the annual period. The City Manager would then reconcile County payments received
during the year against the Countys computed share of actual MPD expenses, calculated under
the contractual funding formula for cost allocation. This Annual Reconciliation determined
whether the County owed additional funds to the City or whether it had paid in excess of actual
costs, in which case the City would provide a refund to the County. The City Manager would
provide the Annual Reconciliation to the County no later than June 30 following the end of the
budget year to show the actual costs of the MPD, the amount to be funded by the County, the
amount paid by the County, and any amount due to either City or County. The 2003 agreement
remains in effect and, unless changed herein, the 2003 agreement governs the parties MPD
relationship through December 31, 2015.
Although the 2003 agreement required Annual Reconciliations, pursuant to Item 7G
above, both parties waive any such reconciliations for payments made from January 1, 2015
through December 31, 2015.
H.
Access to all records. The County Manager and City Manager, or persons
designated by them, shall have full and unfettered access to all MPD financial records or other
data including operational metrics such as call for service history, use of MPD Confiscated
funds, or other data relevant to all matters covered herein.

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I.
Providing records. The City Manager shall provide the County Manager with a
monthly financial report showing line item budgets, current month, and year-to-date expenses
for each MPD cost center. The Citys payroll system will be configured to provide accurate
information about the assignment of staff to specific cost centers. The City will allocate staff
salaries to the specific departments or cost center where the employee is primarily assigned.
City and County staff will jointly and in good faith analyze E911 call data and police reports as
needed to determine dispatched calls for service within each jurisdiction.
9.

Funding from Grants, Condemnations, or Other Sources

A.
Grants. All parties agree to aggressively seek funding through grants and other
sources to reduce the costs of providing police services. Information on grant applications will
be reviewed by the County and City prior to submission to ensure coordination of efforts
among the two jurisdictions. A separate Cost Center within the MPD accounts shall be used to
account for expenses funded by such grants. The use of any funds secured through a grant
shall be governed by the terms of the grant.
B.
Condemnations and Forfeitures. All funds derived from condemnations and
forfeitures initiated by the MPD shall be deposited in the MPD Citys Confiscated Assets Fund/
condemnation account and shall be available for expenditure by the MPD in accordance with all
applicable laws, ordinances, rules and regulations. All funds derived from condemnations and
forfeitures initiated by CNT shall be deposited in the County Confiscated Assets Funds.
C.
Revenue. Expenditures funded by the MPD Citys Confiscated Assets
Fund/condemnation account shall be charged to a Confiscated Assets Expense Fund.
D.
Court and Parking Revenues other than those assessed in Recorders Court.
Cases or parking violations brought to a court by the MPD for violations reasonably believed to
have been committed within the Citys corporate limits (as determined by the MPD Chief) shall
be deemed City Cases. Any revenue resulting from City Cases which is eligible to be paid to a
police jurisdiction shall be paid to the City. Such revenue shall not be part of the MPD budget
and shall not be subject to any cost allocation methodology.
All other cases or parking violations brought by the MPD shall be deemed to be County
Cases. Any revenue resulting from County Cases which is eligible to be paid to a police
jurisdiction shall be paid to the County. Such revenue shall not be part of the MPD budget and
shall not be subject to the cost allocation methodology.

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The Chief shall establish standard operating procedures (in cooperation with the County
courts) for the MPD to properly identify all violations as either a City Case or a County Case as
defined above.
All fines assessed in Recorders Court shall be governed by the intergovernmental
agreement which funds that Court. CNT is not a part of MPD for the purposes of this Section.
10.

Detention Center Costs

A.
Costs. All costs of the Chatham County Detention Center shall be paid by the
County and charged to the Countys Maintenance and Operations Fund, except as provided for
in other intergovernmental agreements.
B.
Record keeping. Any inmate delivered to the Chatham County Detention Center
by the MPD for crimes reasonably believed to have been committed within the Citys
jurisdictional limits shall be deemed a Savannah Prisoner. Any inmate delivered to the
Chatham County Detention Center by the MPD for crimes reasonably believed to have been
committed within the Countys unincorporated area shall be deemed County Prisoner. The
MPD Commander shall establish and maintain standard operating procedures (in cooperation
with the Sheriff) to properly identify each person delivered to the Detention Center as either a
Savannah Prisoner or a County Prisoner.
C.
Medical Expenses. Prisoner Medical Expenses incurred prior to Detention Center
Admission. Should the Sheriff refuse to accept any prisoner in the custody of SCMPD for
admission to the Chatham County Detention Center because of perceived medical instability,
then the City shall bear the cost of any necessary medical expenses incurred in caring for such
prisoner while he is in SCMPD custody and prior to his admission to the Detention Center, in
the case of a Savannah Prisoner, and the County shall bear the cost of such expenses in the case
of a County Prisoner.
11.

Capital Assets, Equipment and Supplies

A.
Ownership of Capital Assets, Equipment and Supplies. Capital assets and
equipment will be generally owned by the entity that directly purchased the item, and any
salvage value will be paid to the property owner upon the assets disposal. In the ordinary
course of operations, the MPD will purchase capital assets, equipment and supplies through the
MPD departments. The City will have administrative custody and ownership of these assets,
equipment and supplies except in the event of Termination of this agreement. In that event,
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February 18, 2016

ownership of assets utilized by the MPD will be divided based on each entitys proportionate
contribution for Shared Departments costs as averaged over the past three (3) years, with
Patrol separated for purposes of the calculation. Any assets purchased with funds from a Cityonly Department will become the property of the City in the event of Termination. Any assets
purchased with funds from a County-wide Department will become the property of the County
in the event of Termination. Such assets will include computers, radios and other equipment
purchased through the Citys internal service funds with contributions from the MPD
departments, excluding vehicles.
B.
Replacement Vehicles. The County shall replace a minimum of nineteen (19)
police vehicles, with mobile data terminals if necessary, during the first two years of this
agreement. All costs to mark and outfit the vehicles will be paid by the County external to the
MPD Budget. Vehicles and computers purchased by the County shall be listed in the Countys
inventory, shall be County property, shall be maintained by the County Fleet Maintenance
Department, and shall be self-insured by the County.
The City will replace a minimum of thirty (30) vehicles with mobile data terminals if
necessary, per year during the first two years of this agreement. All costs to mark and outfit
the vehicles will be paid by the City external to the MPD Budget. Vehicles and computers
purchased by the City shall be listed in the Citys inventory, shall be City property, shall be
maintained by the City Fleet Maintenance Department, and shall be insured (or self-insured) by
the City.
During the first two years of this agreement, the Staff Committee will review all costs
incurred to outfit a vehicle and determine a standardized set of equipment for inclusion as part
of a vehicles cost.
Both parties are the owner of the respective vehicles purchased with the funds of the
governing authority, and nothing in this agreement shall be construed as a rental agreement
between the parties for use of MPD cars nor is there any waiver of sovereign immunity based
upon renting of MPD cars.
The MPD Chief shall be consulted on bid specifications for all vehicles purchased for use
by the MPD. All vehicles purchased will be of the same color and bear the marking of the MPD.
C.
Vehicle Use Charges. The MPD Budget may include appropriations for vehicle
depreciation titled Vehicle Use Charges. Vehicle use charges shall be paid to the jurisdiction
which owns the vehicle and shall be used as a method to accumulate funds for the systematic
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February 18, 2016

replacement of vehicles due to age or use. Such replacement charge amounts shall be
calculated in a similar and methodical fashion for each jurisdiction and will be charged to the
MPD Cost Center to which the vehicle is primarily assigned.
D.
Fleet Maintenance and Fuel Charges. The MPD Budget shall also include
appropriations to pay each jurisdiction for the cost of vehicle maintenance performed by their
respective vehicle maintenance departments and fuel charges. Such charges shall be expensed
to the MPD Cost Center to which the vehicle is primarily assigned. The methodology used to
determine vehicle maintenance charges shall be on a basis consistent to all other cost centers
throughout the jurisdiction.
E.
Procedures for Maintenance/Repair, Disposal and Replacement of Capital Assets,
Equipment and Supplies. All parties shall follow reasonable and customary procedures for
schedules of maintenance/repair, disposal and replacement of capital assets, equipment and
supplies for the MPD. Irrespective of ownership, all vehicles shall be maintained, repaired,
replaced and disposed on the same standardized schedule.
12.

Dispute Resolution.

Any unresolved question shall be placed in writing through notice, and the
County Manager and City Manager shall meet within twenty-one (21) days of the written notice
in a good faith effort to resolve the dispute. Any unresolved dispute shall be considered
contested. Any contested items shall be forwarded to the Policy Committee for discussion
within twenty-eight (28) days, and the Policy Committee will decide within fourteen (14) days
of the discussion.
Because of the disputes arising in connection with this complex Intergovernmental
Agreement, the City and County desire to resolve the disputes quickly, economically and with
final certainty. Both the City and County agree to have an expert person familiar with Georgia
law to determine those disputes rather than a jury trial or traditional arbitration rules.
Therefore, both parties agree that the disputes arising out of the agreement shall be resolved
by a judge, senior judge, or retired judge as agreed to by the parties and applying Georgia law,
so as to achieve the best combination of benefits of the judicial system and of arbitration. Both
parties specifically waive jury trial in connection with disputes from this agreement.
The parties shall select a mutually agreed upon judge as outlined above. Should the
parties be unable to agree, then each party shall select a judge of its choice. Those two judges
would then select a third judge who would actually try the matter. Both parties will present
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February 18, 2016

their factual and legal argument and position concerning any dispute presented to a judge, who
shall make a written decision. That decision shall be considered final by the parties and both
parties specifically waive the right to appeal the matter to any court of record.
13.
Adoption of MPD Intergovernmental Agreement subject to Adoption of
Revised Recorders Court Agreement.
It is the intention of the City and County to adopt the MPD Intergovernmental
Agreement subject to each entitys adoption of a new intergovernmental agreement for the
operation and cost sharing for Recorders Court. Joint operation of the Recorders Court
provides for the efficient use of officer time in court appearances and more streamlined
administrative functions.
14.

Term.
The effective date of this Agreement shall be January 1, 2016 through December 31,

2020.
15.

Termination of Agreement.
This Agreement may be terminated by either party at any time after December 31, 2017,

by six months written notice from one party to the other party.
16.

Miscellaneous

A.
Amendments. This Agreement may be amended by the mutual agreement of
the parties hereto. Such amendment shall be in writing and shall be attached to and
incorporated into this Agreement.
B.
Counterparts. This agreement may be signed in several counterparts, each one
of which shall be an original and all of which when taken together will constitute one
agreement between the parties.
C.
Validity and Enforceability. If any provision of this agreement is held invalid or
unenforceable, the validity and enforceability of the remaining provisions of the agreement
shall not be affected thereby, unless the provision held invalid is a material element of this
agreement.

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February 18, 2016

D.
Waivers. No delay or failure to exercise a right under this agreement shall impair
such right or shall be construed to be a waiver thereof, and any such rights may be exercised
from time to time as often as deemed expedient. Any waiver shall be in writing and signed by
the party granting such waiver.
E.
Headings. The headings of the sections of this agreement have been inserted
for convenience of reference only and shall in no way restrict or otherwise modify any of the
terms or provisions hereof.
F.
Parties hereto are sole beneficiaries. This Agreement is made for the sole
benefit of the City of Savannah and Chatham County and is not intended to be construed as
conferring benefits on any other party.
G.
Sovereign Immunity. Both parties are sovereignly immune from suit in all matter
unless such immunity is waived by act of the General Assembly. Nothing in this agreement is
the product of any legislative act by the General Assembly and nothing herein shall be
construed as waiving any immunity or defense available to either party under law.
H.
Agreements in existence with other parties. The MPD will continue to provide
services pursuant to all mutual aid agreements and formal police service agreements between
the County, City and other governmental entities in existence at the time of execution of this
Agreement. The MPD will continue to provide services pursuant to all grant project
agreements in existence at the time of execution of this Agreement.
I.
Entire Agreement. This Agreement constitutes the entire and complete
agreement and commitments of the parties with respect to the combining of the City and
County police departments, all prior or contemporaneous understandings arrangements and/or
commitments whether oral or written having been merged herein.
IN WITNESS WHEREOF, the County and City have caused this Agreement to be duly
approved by their proper officers and so attest with their corporate seals affixed hereto set
forth in duplicate originals.

[Signatures on Next Page]

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February 18, 2016

CHATHAM COUNTY, GEORGIA

BY: _____________________________
Albert J. Scott, Chairman
Board of Commissioners
ATTEST: ____________________________
Janice Bocook
Clerk of Commission [SEAL]

THE MAYOR AND ALDERMEN

OF THE CITY OF SAVANNAH
BY: _____________________________
Stephanie Cutter, City Manager
ATTEST: ____________________________
Dyanne Reese
Clerk of City Council [SEAL]

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February 18, 2016

EXHIBIT A
MPD AUTHORIZED POSITIONS BY COST CENTER
Police
Police Chief
Patrol
Criminal Investigations
Special Operations
Traffic Unit
Canine Unit
Support Services
Information Management
Professional Standards and Training
Subtotal
Savannah Impact Program
Crime Stoppers
Savannah Impact Work Ventures
Marine Patrol
Mounted Patrol
Animal Control
EMS Administration
Counter Narcotics Team
Total

2011
13
423
103
18
20
6
17
32
22
654
15
3
2
8
7
13
1
35
738

2012
11
427
103
19
20
6
17
30
22
655
14
3
2
8
7
13
1
35
738

2013
11
427
103
19
20
6
17
30
22
655
14
3
2
8
7
13
1
35
738

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