Public Safety Committee

CITY OF HENDERSONVILLE PUBLIC SAFETY COMMITTEE June 13th, 2023, at 5:15 p.m. 101 Maple Drive North, Hendersonville, TN 37075 I. Call to Order by the Chairman II. Acceptance of agenda III. Minutes A. Approval of May 9th, 2023, meeting minutes 2-3 IV. Ordinances and Resolutions Clary 1. Reading of Ordinance 2023-14, an ordinance amending Hendersonville 4-11 Municipal Code Title 11, Chapter 8, regulating the use of tobacco and vapor products Clary 2. Reading of Resolution 2023-24, a resolution authorizing the Mayor to enter 12-29 into an agreement with Safe Haven Baby Boxes, Inc. for the implementation of a newborn safety device in a City facility V. Other Agenda Items 3. Discussion: HFD calls outside the City 4. Other Business VI. Adjournment Anyone needing accommodations due to disabilities, please contact the ADA Coordinator at 615-822-1016 at least 24 hours prior to the meeting. 1  PUBLIC SAFETY COMMITTEE MEETING MINUTES May 9, 2023 Committee Chairman Terri Goodwin called the meeting to order of the Public Safety Committee at 5:15 p.m. Present: Jamie Clary (Mayor), Jesse Eckenroth (COO), Scotty Bush (HFD), Mickey Miller (HPD), Jim Jones (HPD), Rachel Collins (Alderman), Casey LaMarr (PIO), Terri Goodwin (Alderman – Chairman), Janna Garton (Alderman – Vice Chairman), Larry Daniels (HPD), Brenda Monroe (Court), Russ Edwards (City Judge), and Lance Wray (Interim City Attorney). Collins motioned to approve the minutes for the April 11, 2023, meeting; Goodwin seconded. Discussion on the Fleet Replacement Program. Collins stated that she did not feel comfortable increasing the years in service or mileage for police vehicles or fire apparatuses because of the national standard that is in place. Her constituents have come to expect the City of Hendersonville to hold themselves to a higher standard instead of lower than recommended. Goodwin is also not willing to change the years in service or mileage either. The ordinance as is states that HPD vehicles should be used for five years or 100,000 miles, whichever comes first, and HFD apparatus should be used for fifteen years as a frontline vehicle and then five years as a reserve. Goodwin researched other options to potentially cut costs on PD vehicles and recommended the use of hybrid vehicles versus the standard gas ones currently in use. Miller did not agree with the introduction of hybrid vehicles as the HPD already has the best police vehicles that are currently on the market. Jones has talked to a department that had switched to hybrids within the last 2 years and stated that they had more issues with them than with the standard gas vehicles including: check engine lights, delays in parts with the dealerships, and engine and transmission failures on two separate vehicles. Miller does not want to put his officers into vehicles that could potentially be dangerous, especially when switching from gas to battery, or while running high speeds during a potential chase. Goodwin wanted to send the Resolution back to BOMA with no changes but adding the information on hybrid savings to the BOMA packet; Collins agreed, but Miller disagreed. Collins motioned to send the original Resolution back to BOMA with no changes but with a positive recommendation; Goodwin seconded. Discussion on Ordinance 2023-10 to establish reasonable court costs. Current court costs are $125.00 but the city would like to raise them to $175.00 and include a $25.00 fee for people that do not show up for their court date. Judge Edwards stated that he had recently learned that cities are allowed to fine a person for failing to come to court (contempt of court) per state statutes. The fine would be for those people who do not pay their court fees ahead of time and then do not show up. Monroe gave the example that on May 9, 2023, there were 81 scheduled in court for the day and 45 failed to appear. If put into effect, the person who failed to appear in court would 2 have to pay the fee in order to get a license reinstated. According to Hendersonville policy, the court will waive half of the court costs if a person can prove that registration has been renewed on their vehicle or that the reason of citation has been cured/fixed (i.e. tint, lights, etc.) and charges will be dismissed. The last time that court costs were raised was in 2016. Collins motioned to send the Ordinance to BOMA with positive recommendation; Garton seconded. Garton motioned to adjourn the meeting; Collins seconded. Meeting adjourned at 5:41 p.m. ______________________________________ ______________________ Terri Goodwin, Chairman Date 3  ORDINANCE 2023-14 Sponsor: Clary AN ORDINANCE AMENDING HENDERSONVILLE MUNICIPAL CODE TITLE 11, CHAPTER 8, REGULATING THE USE OF TOBACCO AND VAPOR PRODUCTS WHEREAS, on July 1, 2022, Public Chapter No. 1110 went into effect, authorizing municipalities to regulate, including prohibiting, smoking and the use of vapor products in certain age-restricted venues; and WHEREAS, in the interest of protecting public health, safety, and welfare, the City of Hendersonville, Tennessee (the “City”) deems it appropriate to prohibit smoking and the use of vapor products in age-restricted venues described herein: NOW, THEREFORE, BE IT ORDAINED by the Board of Mayor and Aldermen of the City of Hendersonville, Tennessee as follows: Hendersonville Municipal Code, Title 11, Municipal Offenses, Chapter 8, Miscellaneous, is hereby amended by adding a new Section 11-807 as follows: 11-807. Prohibition of smoking and vapor product use in age-restricted venues. (1) Smoking and use of vapor products is prohibited in age-restricted venues within the City, pursuant to authority granted by Tennessee Code Annotated, § 39-17-1551, as may be amended from time to time. (2) The following terms have these meanings for the purposes of this subdivision: a. “Age–restricted venue” means a legal establishment that affirmatively restricts access to its buildings or facilities at all times to persons who are twenty-one (21) years of age or older by requiring each person who attempts to gain entry to those buildings or facilities to submit for inspection an acceptable form of identification for the express purpose of determining if the person is twenty-one (21) years of age or older; b. “Cigar bar” means a legal establishment that: 1. Holds a valid license or permit for the on-premises consumption of alcoholic beverages; 2. Generates a portion of its total annual gross income from the on-site sale of cigars and the rental of humidors; 3. Does not knowingly sell products or services, or permit entrance to the premises, to a person who is less than twenty-one (21) years of age; and 4. Does not permit vaping or the smoking of products other than cigars on the premises; c. “Retail tobacco store” means a retail store that derives its largest category of sales from tobacco products and accessories; d. “Retail vapor product store” means a retail store that derives its largest category of sales from vapor products and accessories; e. “Smoke” and “Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated 4  O23-14 Page 2 product containing, made, or derived from nicotine, tobacco, marijuana, hemp, or other plant, whether natural or synthetic. For the purposes of this subdivision “Smoke” does not mean the use of vapor products; f. “Tobacco product” means any product that is made from or derived from tobacco, or that contains nicotine, that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means, including but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus, as well as any component, part, or accessory thereto or thereof; g. “Vapor product” means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, dab rig, or e-hookah; 1. Means any noncombustible product containing nicotine or any other substance that employs a mechanical heating element, battery, electronic circuit, or other mechanism, regardless of shape or size, that can be used to produce or emit a visible or non-visible vapor; 2. Includes any vapor product or similar product, any substance used to refill a vapor cartridge, or other container of a solution containing nicotine or any other substance that is intended to be used with or in an e-cigarette, e-cigar, e-cigarillo, e-pipe, or similar product; 3. Does not include any product regulated under Chapter V of the Food, Drug, and Cosmetic Act (21 U.S.C § 351 et seq.); (3) Notwithstanding subdivision (1) of this section, a prohibition on smoking or the use of vapor products in age-restricted venues shall not apply to the following: a. Retail tobacco stores; b. Retail vapor product stores; c. Cigar bars; d. Nonenclosed areas of public places, including: 1. Open air patios, porches or decks; 2. Any area enclosed by garage type doors on one (1) or more sides when all those doors are completely open; and 3. Any area enclosed by tents or awnings with removable sides or vents when all those sides or vents are completely removed or open; 4. Smoke or use of vapor products from those nonenclosed areas shall not infiltrate into areas where smoking or use of vapor products is prohibited pursuant to this part. (4) No person may engage in smoking, tobacco product use, or vapor product use in an area in which said use is prohibited by this chapter 8, or any other law. (5) The owner, operator, manager, or other person in control of the age- restricted venue where smoking is prohibited by this Article shall: a. Post clear, conspicuous, and unambiguous signs at each entrance to the area in which smoking, tobacco product use, vapor product use, and hemp product use is prohibited, and in at least one other conspicuous point within the area. The signs shall have letters of no less than one inch in height with writing indicating “NO SMOKING”, “NO TOBACCO”, “NO VAPOR” and shall include the international “No Smoking” symbol as well as the “No Vaping”/“No E-Cigarette” symbol. 5  O23-14 Page 3 b. Remove all ashtrays from any area where smoking is prohibited by this Article, except for ashtrays displayed for sale and not for use on the premises. c. The presence or absence of signs shall not be a defense to a charge of smoking or the unlawful use of tobacco or vapor products. d. City Codes Department, or its designee, will make periodic inspections, not fewer than once per twelve (12) months, of areas covered by this chapter to monitor for compliance. Anyone found by the City to be violating this chapter will be reminded of its requirements and asked to comply and warned that further violation may result in penalties on the violator, pursuant to subdivision (7) below. (6) No person shall intimidate, threaten any reprisal, or effect any reprisal, for the purpose of retaliating against another person who seeks to attain compliance with this chapter. (7) Any violation of this chapter is hereby declared to be a public nuisance. a. Each violation of this chapter may be subject to a fifty dollar ($50) administrative fine per incident of refusal which may be assessed against the owner of the business or property. b. Each instance of smoking, tobacco product use, or vapor product use in violation of this chapter shall constitute a separate violation. c. Any violation of this chapter may be remedied by a civil action brought by the City Attorney, including, but not limited to, administrative or judicial nuisance abatement proceedings, civil code enforcement proceedings, and suits for injunctive relief. (8) If any section or provision of this ordinance is held invalid, such invalidity will not affect other sections or provisions that can be given force and effect without the invalidated section or provision. This ordinance shall take effect at the earliest date allowed by law. First Reading: ___________________________ Second Reading: ___________________________ APPROVED: __________________________ ATTEST: JAMIE CLARY, Mayor __________________________________ TAMARA INGERSOLL, Interim City Recorder APPROVED AS TO FORM AND LEGALITY: _____________________________________ LANCE A. WRAY, Interim City Attorney 6  O23-14 Page 4 LEGISLATIVE HISTORY Ordinance 2023-14 Sponsor: Clary Committee: Public Safety Date of Committee Meeting: June 13th, 2023 Committee Recommendation: 7 DATE: June 13th, 2023 ORDINANCE/RESOLUTION # Ordinance 2023 -14 SPECIFIC REQUEST/ Request an Ordinance to Amend Municipal Code relative RECOMMENDATION: to Regulating Smoking/Vaping in age restricted venues STAFF REPORT PREPARED BY: Lance A. Wray, Interim City Attorney REPORT BACKGROUND: 1 Background – Preemption Repealed and Local Action Restored In 1994, Tennessee passed the Prevention of Youth Access to Tobacco Act. The Act included a preemption provision that blocked local authorities from going beyond state law to regulate tobacco use. In 2007, the state passed the Non-Smokers Protection Act (NSPA) which extended the prohibition on smoking to cover most indoor/enclosed areas, but exempted a few key workplaces like age-restricted venues. The preemption provision also remained in the NSPA, and limited the extent to which local authorities could enact stronger smokefree ordinances. In 2021, the state passed an amendment to the 1994 law which: 1. updated the state law to align with the federal Tobacco 21 law; 2. incorporated the new tobacco and other plant products which had emerged since 1994 including electronic smoking devices (or “vapor products”); and 3. repealed some of the preemption language that had limited what local authorities could do for 27 years. In 2022, the Act was further amended to allow municipalities to prohibit smoking and the use of vapor products. Specifically, Sec. 39-17-1551 was amended to grant local jurisdictions authority to regulate smoking and vapor product use in age-restricted venues. Nashville became the first city in the state to close the loophole for age-restricted venues effective March 2023, and a similar ordinance is currently under discussion in Knoxville. Secondhand Smoke Secondhand smoke is a serious health hazard causing more than 41,000 deaths per year. It can cause or worsen a wide range of damaging health effects in children and adults, including lung cancer, respiratory infections and asthma. The CDC notes that there is no risk-free level of exposure to secondhand smoke and even short-term exposure can increase the risk of heart attacks. The health of nonsmokers exposed to secondhand smoke at work is at increased risk. Likewise, while e-cigarette aerosol may look different than secondhand smoke from cigarettes, it is far from harmless. The Surgeon General warns e-cigarette emissions can contain harmful chemicals, including nicotine and volatile organic compounds. 8 DISCUSSION: 2 This Ordinance would amend Hendersonville Municipal Code adding a new section 11-807 to Title 11, Municipal Offenses, Chapter 8, Miscellaneous prohibiting smoking and vapor product use in age- restricted venues within the City. “Age–restricted venue” means a legal establishment that affirmatively restricts access to its facility at all times to persons who are twenty-one (21) years of age or older by requiring identification from each person who attempts to gain entry. As provided under State law, this Ordinance would not apply to “retail tobacco stores,” “retail vapor product stores”, or “cigar lounges” as defined in the Ordinance. Each violation may be subject to a $50 fine against the individual violator, the property owner/business, or both. FISCAL IMPACT: 3 Unknown at this time ADDITIONAL INFORMATION / PHOTOS: 4 ATTACHMENTS: 5 Tennessee Smokefree Economic Impact Information, Talking Points provided by American Lung Association of Tennessee. 9  IT'S TIME FOR A SMOKEFREE TENNESSEE NUMBERS 41K PEOPLE DIE EACH YEAR AS A RESULT OF SECONDHAND SMOKE EXPOSURE -CDC 62% INCREASE IN SALES FOR TN EATING & DRINKING ESTABLISHMENTS 12 YEARS AFTER STATEWIDE SMOKEFREE LAW -ETSU 23% INCREASE IN EMPLOYMENT FOR TN EATING & DRINKING ESTABLISHMENTS 12 YEARS AFTER SMOKEFREE LAW -ETSU 1352 CITIES ACROSS THE US HAVE GONE SMOKEFREE INSIDE ALL WORKPLACES, RESTAURANTS, AND BARS. -ANRF 0 STATES HAVE EVER REPORTED A NEGATIVE ECONOMIC IMPACT FOR HOSPITALITY INDUSTRY AFTER PASSING A SMOKEFREE LAW -CDC EXAMPLES "Back in 2014, we actually made the transition from smoking to non-smoking, fully anticipating that there might be some blowback or a decrease in sales. We saw the exact opposite," TRAVIS COLLINSWORTH, THE 5 SPOT (E. NASHVILLE) "I was against it...and our staff was scared to death it was going to ruin our business. But the local ban passed, we moved forward, and our business actually went up." - Joe Ables, Saxon Pub, Austin TX SMOKEFREETENNESSEE.COM 10  SMOKEFREE 21+ VENUES LOCAL ORDINANCE TALKING POINTS WORKPLACE PROTECTIONS- Hospitality workers and musicians are two of the only groups of Tennesseans that do NOT have guarantee of smokefree workplace. SMOKEFREE IS GOOD FOR BUSINESS-TN eating and drinking establishments saw a 62% growth in retail sales 12 years after the statewide smokefree law was enacted. -ETSU EMPLOYEE RETENTION-TN eating and drinking establishments also saw their employment increase by 23% in the 12 years following smokefree law (ETSU). Healthy workers = happier workers. STEP OUTSIDE- It's easy for patrons to step outside to smoke, then return indoors for the music. Most establishments (Santas/Joes/Batters Box) have patios to make it even easier. CATCHING UP- Over 1,350 cities have already passed ordinances to go smokefree inside bars, including Austin, Atlanta, Louisville, and New Orleans. Nashville now joins that list after passing an ordinance and going smokefree in 50+ bars on 3/1/2023. CULTURE: Smoke filled bars are NOT a city's culture. Music is our culture. Hospitality is our culture. And caring for one another is our culture. 11  RESOLUTION 2023-24 Sponsor: Clary A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH SAFE HAVEN BABY BOXES, INC. FOR THE IMPLEMENTATION OF A NEWBORN SAFETY DEVICE IN A CITY FACILITY WHEREAS, on May 9, 2022, Governor Bill Lee signed into law Public Chapter 1008, which amended Tennessee Code Annotated, § 68-11-255, § 36-1-142 and § 36-1-102 to permit mothers to place newborn infants in a newborn safety device which has been installed at a facility, including a fire station, staffed twenty-four (24) hours a day; WHEREAS, pursuant to this new law, the mother dropping off this newborn infant shall have the right to remain anonymous, and shall not be pursued for any criminal penalty unless there is evidence of child abuse or child neglect; WHEREAS, the facility where this newborn safety device is placed will have the responsibility to immediately arrange for the newborn infant to be taken to the nearest hospital emergency room, at which time the Department of Children's Services shall assume care, custody and control of the newborn infant; WHEREAS, Safe Haven Baby Boxes, Inc. (“SHBB”) is an Indiana nonprofit corporation whose mission is to prevent illegal abandonment of newborns and in pursuit thereof provides information and services related to child welfare, safe haven laws, initiation and implementation of newborn safety devices (“Safety Device”) as this term is defined under Tennessee Law, and awareness related to preventing child abandonment; WHEREAS, the City has been approached by various fundraisers with the desire to donate all the funds necessary to lease, install and maintain a newborn safety device at a City Fire Department, located at Station 5, 1166 Forest Retreat Rd, Hendersonville, Tennessee (“Station 5”), in order to provide mothers with a safe location to place their infant when they feel they can no longer provide care for their infant rather than abandoning them in an unsafe place; WHEREAS, all necessary fees and costs, including the amount of $11,000.00 for the initial installation fee, additional fees as listed in the Lease Agreement, and the annual maintenance fee in the amount of $300.00 will be paid by the fundraisers, the funds of which have been heretofore remitted to SHBB; and WHEREAS, the City has confirmed that its location and the operation of the newborn safety device is acceptable under the laws and regulations of the State of Tennessee: NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF MAYOR AND ALDERMAN OF THE CITY OF HENDERSONVILLE, TENNESSEE, that the City hereby authorizes the Mayor to enter into an agreement with Safe Haven Baby Boxes, Inc. for the implementation and maintenance of a newborn safety device with the Hendersonville Fire 12  R23-24 Page 2 Department located at Station 5, 1166 Forest Retreat Rd, Hendersonville, Tennessee, as attached hereto. Adopted this the ____ day of ________________, 2023. APPROVED: __________________________ JAMIE CLARY, Mayor ATTEST: _________________________________________ TAMARA INGERSOLL, Interim City Recorder APPROVED AS TO FORM AND LEGALITY: _____________________________________ LANCE A. WRAY, Interim City Attorney 13  R23-24 Page 3 LEGISLATIVE HISTORY Resolution 2023-24 Sponsor: Clary Committee: Public Safety Date of Committee Meeting: June 13th, 2023 Committee Recommendation: 14 DATE: 13 June 2023 ORDINANCE/RESOLUTION # Resolution 2023-24 Request a Resolution authorizing the Mayor to sign an SPECIFIC REQUEST/ Agreement with Safe Haven Baby Boxes, Inc. for RECOMMENDATION: implementation of a newborn safety device in City Facility STAFF REPORT PREPARED BY: Lance A. Wray, Interim City Attorney REPORT BACKGROUND: 1 Safe Haven Baby Boxes’ (SHBB) mission is to prevent illegal abandonment of newborns by among other things, offering Safe Haven Baby Boxes as a last resort option for women who want to maintain complete anonymity. SHBB is a nonprofit organization that provides information and services related to child welfare, safe haven laws, initiation and implementation of newborn safety devices, and awareness related to preventing child abandonment. Founder, Monica Kelsey, started SHBB after learning she was abandoned as an infant and after seeing a "baby box" in operation at a church, in Cape Town, South Africa. SHBB takes the face-to-face interaction out of the surrender and protects the mother from being seen. Women in crisis can call a national 24-hour hotline and can receive counseling and assistance free of charge. To date, the hotline has received over 8,000 calls from every state in the United States. The Tennessee Safe Haven law allows mothers of newborns to surrender unharmed babies to designated facilities within two weeks of birth without fear of being prosecuted. As long as the baby is unharmed and the child is surrendered within two weeks of birth, the mother -- or parents -- will not be prosecuted and is assured of complete confidentiality. The law was enacted to reduce the number of unsafe abandonment of babies. As of April 2015, 80 children have been safely surrendered in Tennessee since the law took effect in 2001. On May 9, 2022, Governor Bill Lee signed into law Public Chapter 1008, which amended T.C.A. § 68-11-255, § 36-1-142 and § 36-1-102 to permit mothers to place newborn infants in a newborn safety device which has been installed at a facility, including a fire station, staffed twenty-four (24) hours a day. Pursuant to this new law, the mother dropping off this newborn infant shall have the right to remain anonymous and shall not be pursued for any criminal penalty unless there is evidence of child abuse or child neglect. DISCUSSION: 2 This Resolution would authorize the Mayor to enter into an Agreement with SHBB to implement a “newborn safety device,” also referred to as a Baby Box, with the City Fire Department to be located at Station 5, 1166 Forest Retreat Rd, Hendersonville, TN. The Fire Station will have the responsibility to immediately arrange for the newborn infant to be taken to the nearest hospital emergency room, at which time the Department of Children's Services shall assume care, custody and control of the newborn infant. SHBB will provide signage for the newborn safety device at no expense to the City to be installed on/near the safety device. SHBB will provide initial training to personnel selected by the City on the use, features, and procedures of the Safety Device. The City is responsible for future training of its personnel on the use, features, and procedures of the Safety Device. SHBB will provide group training services upon request. Upon successful completion of testing, training, and final inspections the Parties will coordinate a date/time for the unveiling of the Baby Box. SHBB provides related annual services including (1) providing educational materials to the City and policies and procedures related to the maintenance of the Safety Device to the City; (2) operating a toll-free phone number for 15 the general public to utilize in emergency situations involving abandoned children or issues related thereto; (3) educating emergency services personnel related to the use of the Safety Device; and (4) providing educational information to the general public regarding the location and awareness of the Safety Device as the City's fire station as well as other educational resources related to child welfare advocacy and safe haven law awareness. The Safety Device is owned by SHBB, leased by the City. If the Safety Device is malfunctioning, other than by reason of vandalism, the Parties agree that any and all repairs of the Safety Device, including any replacement of parts, will be conducted by SHBB. Cost for said repairs and replacement parts will be paid for by the donated funds. FISCAL IMPACT: 3 Funds necessary for the lease, installation and maintenance of the Baby Box have been donated to SHBB through local fundraising. This includes the initial amount of $11,000, and the annual amount of $300 to maintain the safety device. ATTACHMENTS: 4 • Resolution 2023-24 • Draft Lease Agreement 16  DONATION, LEASE AND SERVICE AGREEMENT THIS DONATION, LEASE AND SERVICE AGREEMENT (the “Agreement”), entered into and effective as of, _________________, 2023 (the “Effective Date”), is by and between SAFE HAVEN BABY BOXES (“SHBB”), an Indiana nonprofit corporation, and the CITY OF HENDERSONVILLE, TENNESSEE, a municipality in the State of Tennessee (“CITY”) (each, a “Party”, collectively, the “Parties”). RECITALS WHEREAS, on May 9, 2022, Governor Bill Lee signed into law Public Chapter 1008, which amended T.C.A. § 68-11-255, § 36-1-142 and § 36-1-102 to permit mothers to place newborn infants in a newborn safety device which has been installed at a facility, including a fire station, staffed twenty-four (24) hours a day; and WHEREAS, pursuant to this new law, the mother dropping off this newborn infant shall have the right to remain anonymous, and shall not be pursued for any criminal penalty unless there is evidence of child abuse or child neglect; and WHEREAS, the facility where this newborn safety device is placed will have the responsibility to immediately arrange for the newborn infant to be taken to the nearest hospital emergency room, at which time the Department of Children's Services shall assume care, custody and control of the newborn infant; and WHEREAS, the Hendersonville Fire Department has been approached by fundraisers with the desire to donate all the funds necessary to lease, install and maintain a newborn safety device at one of the City fire stations in order to provide mothers with a safe location to place their infant when they feel they can no longer care for them instead of abandoning them in an unsafe place; and WHEREAS, upon execution of this Agreement, funds in the amount of $1l,000.00 will be donated by the fundraisers, to be used to purchase and install the newborn safety device at Fire Station 5, located at 1166 Forest Retreat Rd, Hendersonville, Tennessee (“Station 5”) and the amount of $300.00 will be contributed annually by the fundraisers to maintain the device; and WHEREAS, Safe Haven Baby Boxes, Inc. (“SHBB”) is a nonprofit organization that provides information and services related to child welfare, safe haven laws, initiation and implementation of newborn safety devices (“Safety Device”) as this term is defined under Tennessee Law, and awareness related to preventing child abandonment; and WHEREAS, the City has agreed to provide a location for implementation of a Safety Device on the Provider's premises; and WHEREAS, SHBB is agreeable to placing a Safety Device to the Provider's premises and undertaking certain services in relation thereto; and WHEREAS, the City has confirmed that its location and the operation of the newborn safety device is acceptable under the laws and regulations of the State of Tennessee; and 1 17  NOW, THEREFORE, for and in consideration for the mutual terms and conditions contained herein and for other good and valuable consideration, the Parties agree as follows: ARTICLE I. INSTALLATION AND MAINTENANCE SERVICES A. Installation and Signage. SHBB shall provide the City with one (1) Safety Device for installation on the premises of Fire Station 5, located within the City of Hendersonville, Tennessee. The City, using funds donated by the fundraisers, and heretofore remitted to SHBB, shall contract for the installation of the Safety Device. SHBB has the option, by providing written notice to the City, of its intent to be present at the time of installation and provide guidance and advice on the placement in order to maximize awareness and implementation of its educational objectives. SHBB agrees to provide signage for the newborn safety device at no expense to the City. This signage shall be installed on/near the safety device. That being said, the City ultimately has the final authority to determine the appropriate location for the Safety Device. SHBB and the City agree to cooperate with respect to the appropriate third-party contractors to ensure that the contractor has the appropriate skill and knowledge for constructing improvements to the City's fire station. B. Funding for Installation. All costs for installation and all expenses for labor and/or materials, including those listed in Exhibit B, will be paid for by the funds heretofore remitted to SHBB by the fundraisers. C. Permitting for the Safety Device. As the owner of the Fire Station, the City is responsible for compliance with all laws and regulations applicable to any permitting requirements for the installation of the Safety Device. D. Training. SHBB will provide initial training to personnel selected by the City on the use, features, and procedures of the Safety Device. The City is responsible for future training of its personnel on the use, features, and procedures of the Safety Device. SHBB will provide group training services upon request. E. Delivery and Testing of Device. The Baby Box will be delivered in accordance to the following schedule of events: 1. Initial fee heretofore remitted to SHBB by the fundraisers utilized for the installation. 2. SHBB will schedule the delivery of the Baby Box within four (4) to six (6) weeks after receipt of payment. 3. An installation date will be determined by the City, and said date will be provided to SHBB and the fundraisers. 4. The “Go-Live” date for the Safety Device will be determined after the following: a. Installation is completed and the alarm system is ready for testing. b. Seven consecutive days of successful alarm testing is completed. c. Training of staff is completed. d. Final Inspection is completed. 5. Upon successful completion of testing, training, and final inspections the Parties and the fundraisers will coordinate a date/time for the unveiling/blessing of the Baby Box. 2 18 F. Annual Maintenance and Services. SHBB agrees to provide annual services related to the performance of this Agreement. Such services shall include: (1) providing educational materials to the City and policies and procedures related to the maintenance of the Safety Device to the City; (2) operating a toll-free phone number for the general public to utilize in emergency situations involving abandoned children or issues related thereto; (3) educating emergency services personnel related to the use of the Safety Device; and (4) providing educational information to the general public regarding the location and awareness of the Safety Device as the City's fire station as well as other educational resources related to child welfare advocacy and safe haven law awareness. All costs for annual maintenance and services utilizing the funds remitted to SHBB by the fundraisers no later than January 1 of each year of the term of this Agreement. If at any time, the costs and expenses for annual maintenance or services for the Safety Device increase from the amounts set forth in Exhibit B, the Parties agree to amend this Agreement to reflect such changes, or if the Parties cannot agree, the Agreement will be terminated. G. Ownership of Safety Device. The City agrees and acknowledges that the Safety Device is owned by SHBB. The City shall not sell or otherwise transfer the Safety Device during or after the term of this Agreement, without the specific written consent of SHBB. H. Cameras and Video Equipment. The City agrees that any camera or video equipment installed at or around Fire Station 5 will be installed in such a manner as to insure that the camera is not directed at the Safety Device. I. Annual Inspection/ Repairs of Safety Device. SHBB agrees to provide, at minimum, an annual inspection and maintenance of the Safety Device. If the Safety Device is malfunctioning, other than by reason of vandalism, the Parties agree that any and all repairs of the Safety Device, including any replacement of parts, will be conducted by SHBB. Cost for said repairs and replacement parts will be paid for by funds remitted to SHBB by the fundraisers. ARTICLE II. TERM The term of this Agreement shall commence upon the effective date stated above and shall continue for a period of five (5) years (“Term”), and shall renew for one additional five (5) year term, upon mutual written agreement of the Parties, unless terminated in accordance with Article VII, below. ARTICLE III. CONSIDERATION In consideration for providing the Safety Device and Services described in Article I above, SHBB acknowledges having already received a fee of Eleven Thousand and No/100 Dollars ($11,000.00) directly from the fundraisers, and has received no fees or payments from the City and further acknowledges no additional fees are due. Additionally, the Parties agree that funds remitted to SHBB by the fundraisers shall be utilized as an annual fee of Three Hundred and No/100 Dollars ($300.00) on January 1 of every year that this Agreement is in force to cover the cost of annual maintenance of the Safety Device as set forth in Article I, Section D. 3 19  ARTICLE IV. ADDITIONAL OBLIGATIONS OF THE CITY The City agrees to follow the attached policies and procedures (Exhibit A) provided by SHBB with regard to the Safety Device. As part of the installation of the Safety Device, funds remitted to SHBB by the fundraisers will pay any and all costs to procure and maintain a twenty-four (24) hour alarm monitoring the Safety Device at all times. Should the alarm monitoring service be disconnected for any reason, the City shall immediately notify SHBB and shall secure the Safety Device by locking its exterior door and removing all signage and materials related to its use and functionality. SHBB may, but is not required to, inspect the Safety Device at any time to ensure that it is in good working order and to conduct tests related to its functionality and monitoring and alarm systems. If at any time the City determined that it can no longer provide alarm monitoring service for the Safety Device, the City will give SHBB sixty (60) days advance notice prior to termination of the service. SHBB will have the right, upon receipt of this notice, to remove the Safety Device from the City's location, at no charge to the City. IF AT ANY TIME, A MALFUNCTION OR DISCONNECTION OF THE SAFETY DEVICE IS IDENTIFIED, THE CITY AGREES TO IMMEDIATELY SECURE AND LOCK THE SAFETY DEVICE SO THAT IT MAY NOT BE USED BY THE PUBLIC DURING THIS TIME PERIOD. FAILURE TO DO SO MAY RESULT IN A THREAT OF BODILY HARM OR DEATH TO AN INFANT PLACED IN THE SAFETY DEVICE DURING ANY PERIOD OF TIME IN WHICH THE SAFETY DEVICE IS MALFUNCTIONING OR DISCONNECTED. ARTICLEV. WARRANTIES AND REPRESENTATIONS A. Warranties of the City of Hendersonville. The City warrants and represents that the undersigned is a duly acting and authorized agent of the City who is empowered to execute this Agreement with full authority of the City. The City warrants and represents that the laws and regulations governing this jurisdiction authorize the placement of a Safety Device at a fire station, and such placement and administration of the Safety Device does not violate any law, ordinance, or governmental regulation. B. Warranties of SHBB. SHBB warrants and represents that the undersigned is a duly acting and authorized agent of SHBB who is empowered to execute this Agreement with full authority of SHBB. Further, SHBB has full ownership of the Safety Device. SHBB represents that the Safety Device is not a medical device and as such is not registered with the Food and Drug Administration. SHBB warrants and represents that the Safety Device is not intended as a consumer product and thus is not registered with the Consumer Product Safety Commission. SHBB further represents that the Safety Device is not registered with the Federal Trade Commission and/or the Federal Communications Commission. SHBB represents and warrants that the Safety Device is not tested by national recognized testing laboratories programs. C. Disclaimer and Limitations of Warranties. SHBB is not the manufacturer of the Safety Device and makes no representations or warranties whatsoever, directly or indirectly, express or implied, as to the suitability, durability, fitness for use merchantability, condition, quality, performance or non­ infringement of the Safety Device. With respect to the Safety Device, the City accepts it “as is.” The Safety Device shall be subject to any warranties provided to the City 4 20 by the Safety Device manufacture and/or available by the Safety Device's Composite Parts. There are no other warranties which extend beyond the terms of this Agreement, unless otherwise stated or provided for herein, or by law via preemption. These warranties shall not apply to the Safety Device or improvements, restoration, repair, remodel, and/or any other construction work on the Safety Device, related to the Safety Device, or any other party thereof which has been subject to accident, negligence, alternation, abuse or misuse. SHBB makes no warranty whatsoever with respect to accessories or parts not supplied by it. ARTICLE VI. INSURANCE The City shall maintain in full force and effect, at the City's sole cost, its insurance, covering events or occurrences equivalent to coverage maintained by the City at other City-owned fire stations. The City's current insurance program includes excess commercial general liability coverage as summarized in Exhibit B attached hereto and incorporated herein by reference and made a part of this Agreement as if it were fully set out verbatim. SHBB shall maintain in full force and effect, at their sole cost, commercial general liability insurance. Upon execution hereof and upon request, the City and SHBB shall provide each other with evidence of insurance as currently maintained pursuant to this Agreement. ARTICLE VII. TERMINATION This Agreement may terminate at any time upon sixty (60) days prior written notice from the City to SHBB. SHBB may terminate this Agreement for any reason specified under Article VIII, below. At the point of termination of this Agreement, the City shall secure and lock the Safety Device and remove all signage provided by SHBB. The City may remove the Safety Device, but if so, it shall notify SHBB of the removal so that SHBB may retrieve the Safety Device. If the Safety Device is not removed, the City agrees to place new visible signage denoting that the Safety Device is not functional and that any person desiring to utilize the Safety Device should instead contact emergency services. While SHBB shall not be obligated to remove the Safety Device, if at any time after this Agreement has terminated, SHBB may, at its sole discretion, notify the City of its intent to remove and record the Safety Device, at which time SHBB agrees to coordinate said removal with the City in order to schedule a time for the removal and retrieval of the Safety Device. If SHBB terminates this Agreement, or any extension of it, and removes the Safety Device from the City's premises after the commencement of the Term, the fundraisers shall be entitled to a prorated and amortized return or reimbursement of any fee for the current term which was paid to SHBB as consideration under Article III herein. However, should this Agreement be terminated by SHBB due to a breach of this 5 21  Agreement, either by the City or the fundraisers, the fundraisers are not entitled to reimbursement or return of any fee for a previous Term of this Agreement. ARTICLE VIII. BREACH OF AGREEMENT A. Failure to Pay Annual Maintenance Charges. The Parties agree that the fundraisers are responsible for paying SHBB the annual maintenance fee. Should the fundraisers fail to make this annual payment, SHBB shall notify the City within thirty (30) days of this failure to pay, and offer the City the opportunity to remedy such failure. If the City fails to pay the annual fee, or cause the fundraisers to pay said fee, then SHBB has the right to terminate this Agreement in accordance with Article VII, and remove the Safety Device. B. Failure to Properly Monitor and Alarm Safety Device. Should the City fail to properly monitor or maintain the required alarm on the Safety Device in accordance with Exhibit A to this Agreement, SHBB has the right, after giving the City the option to cure said breach in accordance with subsection C of Article VIII, to terminate this Agreement and remove the Safety Device. C. Option to Cure. If the City is notified by SHBB that the Safety Device is not properly functioning or lacks the monitoring called for under this Agreement, SHBB may order that the Safety Device be secured and locked until further inspection. The City shall then have thirty (30) days to cure any lack of monitoring or improper functions of the alarm on the Safety Device, however, such time may be extended by any delay attributable to SHBB. If the City does not cure any lack of monitoring or improper alarm of the Safety Device within the initial thirty (30) day period, SHBB may grant the City additional time to remedy the deficiency, or terminate this Agreement in accordance with Article VII of this Agreement, and remove the Safety Device. ARTICLE IX. NOTICES Any notice required or permitted under this Agreement will be directed to the following representatives or such other address as either party may designate by written notice to the other: City of Hendersonville: Safe Haven Baby Boxes: Jesse Eckenroth Monica Kelsey Chief of Operations Post Office Box 185 101 Maple Drive North Woodburn, IN 46797 Hendersonville, TN 37075 (615) 590-4601 (888) 742-2133 Ext. 700 cc: Scotty Bush (615) 822-1119 Fire Chief 225 Freehill Road Hendersonville, TN 37075 6 22 Notices shall be in writing and shall be effective when actually delivered in person, received via facsimile transmission, or private carrier with signature confirmation, or when received in the U.S. mail, certified with return receipt requested, postage pre-paid and addressed to the party as stated above. ARTICLE X. COOPERATION ON DEFENSE If any action, arbitration, charge, claim, complaint, demand, dispute, audit, grievance, hearing, inquiry, investigation, litigation, suit (whether civil, criminal, administrative, judicial, or investigative), or other proceeding is brought, commenced, or conducted against the City or SHBB by any third party arising out of any use of the Safety Device, (a “Third-Party Claim”), each Party will, and will cause their officials, employees, and agents to cooperate with the other Party of the defense of any such Third-Party Claim, and make available to the other party all witnesses, pertinent records, materials, and information in their possession or under its control relating thereto. The Parties agree that all communications between any Party and counsel responsible for or participating in the defense of any Third-Party Claim shall, to the extent possible, be made so as to preserve any applicable attorney-client or work-product privilege. ARTICLE XI. GENERAL PROVISIONS. A. Entire Agreement. This Agreement, and all exhibits attached hereto, contains the entire agreement between the Parties concerning the donation of the Safety Device and supersedes all prior written or oral agreements between the Parties to this Agreement. B. Severability. If any portion of this Agreement shall be declared by any court of competent jurisdiction to be invalid, illegal or unenforceable, that portion shall be deemed severed from this Agreement and the remaining parts shall remain in full force as fully as though the invalid, illegal or unenforceable portion had never been part of this Agreement. C. Assignment; Binding Effect. No Party to this Agreement shall have the right to assign, transfer and/or subcontract its rights and/or duties and obligations arising under this Agreement, either in whole or in part, without the prior written consent of the other Party which such consent shall not be unreasonably withheld, conditioned and/or delayed. This Agreement shall be binding upon, and shall inure to the benefit of, the Parties, their successors and permitted assigns. D. Governing Law; Forum. Regardless of the location of the execution of this Agreement, the Parties hereby acknowledge and agree that this Agreement shall be governed in all respects, including validity, interpretation and effect by, and shall be enforceable in accordance with the internal laws of the State of Tennessee without regard to its conflicts of laws principles. The Parties hereby acknowledge and agree that the jurisdiction and venue for resolving any dispute arising regarding this Agreement shall be appropriate in the courts of Sumner County, Tennessee in the United States of America, and the Parties hereby waive any objections to such jurisdiction and venue. E. Written Amendments. No addition to or modification of any term or provision of this Agreement, whether by amendment, addendum, or otherwise, shall be effective unless in writing, signed by SHBB, The Craig Family and City, which with respect to the City means by the appropriate officials shown on the signature page of this Agreement. 7 23  F. Required Approvals. Neither SHBB nor the City are bound by this Agreement until it has been approved by the appropriate officials shown on the signature page of this Agreement, in addition to the City’s Board of Mayor and Aldermen. G. No Benefit for Third Parties. Except as provided above, this Agreement is intended solely for the benefit of SHBB, and no benefit is conferred hereby, nor is any contractual relationship established hereby, upon or with any person or entity not a party to this Agreement. H. Waivers. No waiver by any Party of any provision shall be deemed a waiver of any other provision or of any subsequent breach by either Party of the same or any other provision. I. Counterparts. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required. It shall not be necessary that the signature of, or on behalf of, each Party, or that the signature of all persons required to bind any Party, appear on each counterpart. All counterparts shall collectively constitute a single instrument. It shall not be necessary in making proof of this instrument to produce or account for more than a single counterpart containing the respective signatures of, or on behalf of, each of the Parties hereto. Any signature page to any counterpart may be detached from such counterpart without impairing the legal effect of the signatures thereon and thereafter attached to another counterpart identical thereto except having attached to it additional signature pages. IN WITNESS WHEREOF, each Party hereto has caused this Agreement to be executed on its behalf by a duly authorized representative as of the Effective Date. APPROVED AS TO FORM: CITY OF HENDERSONVILLE: ______________________________ ________________________________ LANCE A. WRAY JAMIE CLARY INTERIM CITY ATTORNEY MAYOR ________________________ DATE SAFE HAVEN BABY BOXES, INC. BY: _____________________________ TITLE:________________________ Exhibits: A. Policies and Procedures for Use of Safety Device B. Services, Fees, and Expenses Schedule 8 24 C. City of Hendersonville’s Insurance Certificate 9 25  EXHIBIT A SAFE HAVEN BABY BOX POLICIES AND PROCEDURES I. Purpose: A. A Baby Box (also referred to as a "newborn safety device" as provided for under Tennessee's Public Chapter 1008, which amended T.C.A. § 68-11- 255, § 36-1-142, and§ 36-1-02), legally permits a mother in crisis to safely, securely, and anonymously surrender her newborn. The Baby Box is being provided by Safe Haven Baby Box, Inc. and will be paid for, installed and maintained using donations provided to the City by fundraisers. This Baby Box will be installed in an exterior wall of Station 5. The Baby Box has an exterior door that automatically locks upon placement of a newborn inside the Baby Box and an interior door, which allows firefighters to secure the surrendered newborn from inside the fire station. II. Background: A. The Baby Box Policy and Procedures supplement the existing Safe Haven Policy and these procedures should be followed if a newborn is anonymously surrendered using the Baby Box, rather than when a person surrenders an infant in person. B. As the Provider, Station 5 of the Hendersonville Fire Department, is staffed by emergency first responders on a twenty-four (24) hour, seven (7) day a week basis. C. Station 5 is authorized as a legal location for use of the Safe Haven Baby Box and a newborn may be dropped off by a mother who wishes to relinquish custody under the provisions set forth in Tennessee law. D. Station 5 personnel shall be trained on use of the Baby Box, and will monitor and maintain the Safe Haven Baby Box in accordance with the procedures set forth in Section Ill below. E. The Baby Box is designed with three independent alarms and is activated: 1. When the door is accessed from the outside. 2. When the newborn is placed in the box and activates the motion sensor. 3. When an electrical failure occurs to the Baby Box. III. Procedures for Fire Department Personnel when the Baby Box is Activated: A. An alarm is activated to signal 911 when the Baby Box door is opened and a newborn may be inside the compartment on the prepared bed area. 26 B. Firefighters must respond every time an alarm is activated at the Baby Box in order to verify whether a newborn has been dropped off. Firefighters are permitted to access the box from inside the fire station. If the Baby Box alarm sounds when Station 5 personnel are not present at the station, due to a fire call or some other lawful purpose (i.e. training), 911 shall dispatch the next available unit and notify the Chief to check the Baby Box and retrieve the infant. C. If a newborn is inside the Baby Box, the firefighter retrieving the newborn shall evaluate the newborn's medical condition. At all times, the newborn shall be kept in a safe place and monitored continuously until such time as the newborn is transferred to the custody and control of the hospital. At no time should any Departmental employee be left alone with the newborn. D. Following retrieval of the newborn, station personnel should immediately contact 911, advise 911 of the infant's medical condition, and request an ambulance for transport of the infant to the hospital. Firefighters must notify the ambulance and hospital personnel that this was a Safe Haven Baby Box newborn surrendered under the current Tennessee law. E. Firefighters who take custody of a newborn shall perform any act necessary to protect the child's health and safety. F. After retrieving a newborn from the Baby Box, Fire Department personnel must verify that the door to the Baby Box is secured and closed. G. After retrieving a newborn from the Baby Box, Fire Department personnel must reset the alarm system after deactivation. H. Required Notifications: 1. The officer in charge should contact the Department of Children's Services (hereinafter referred to as "DCS") as soon as reasonably possible and no later than 2 hours after taking possession of the newborn. 2. HFD Administration (Chief) should be contacted within 2 hours of transferring the infant to the hospital 3. HFD Administration will contact Safe Haven Baby Boxes, Inc. by phone at 888-742-2133 extension 700 within twenty-four hours of the surrender. 27 IV. Daily Procedures for Station Personnel: A. Station personnel will ensure that a parent's rights form (to be provided by Safe Haven, Inc.) is located in a bag inside the Baby Box. The bag is to be placed on the medical bassinet and leaning against the outside door. Each shift will check to make sure this form is located in the Baby Box at radio check. Station personnel should request additional forms, if necessary, from HFD Administration if they do not have any forms at the time of radio check. B. During radio check, station personnel must daily conduct a visual check of Baby Box while testing other station equipment. Notation of the visual check shall be kept in a station log and will be made available to Safe Haven Baby Boxes, Inc. upon request. The log or record shall list the name of the persons testing the Baby Box, the date tested, and the result of the test. Once a week, station personnel must conduct an alarm check of the Baby Box and notate that the alarm is working in the station log. C. While checking the alarm, station personnel will also check the Baby Box to ensure the presence of a clean fitted bassinet sheet and a blanket. If the sheet and blanket are not present, or are not clean, station personnel should contact HFD Logistics for replacements, and place the replacement sheet and blanket in the Baby Box as soon as they are provided. D. When properly installed, the Baby Box will maintain a reasonable temperature for a newborn; at the daily radio check, if station personnel determine that the Baby Box temperature controls are not properly functioning, the box shall be locked and HFD Admin shall be notified immediately so that repairs can be made by SHBB. 28  EXHIBIT B SAFE HAVEN BABY BOXES. INC. SERVICES. FEES, AND EXPENSES SCHEDULE Initial Fee: $11,000 ($12,000 with pre-installed camera option) 1. "Pre-installation" Services: a. Examination of location b. Administrative/Legal resources c. Consultation on programs d. Assistance with raising funds to support the cost of the box (optional) 2. Installation Services: a. Inspection of installation b. Training to all emergency personnel 3. Post Installation Services: a. Marketing of the box b. 24/7 hotline available to the community c. Advertising of the box d. Efforts to support raising awareness on a local, state, and national level supporting the box in each community Annual Fee: $300 1. Annual Fee Services a. Recertification of the box by a licensed contractor b. Maintenance of box from expected use c. Unlimited repairs and parts replacement as a result of a malfunction and not as a result of negligence or vandalism. OTHER FEES NOT INCLUDED IN INITIAL FEE TO BE PAID BY FUNDS REMITTED TO SHBB BY FUNDRAISERS: (Estimated at $5,000·$7,500) *Fees vary based on location and/or services donated by local community members. The below items are estimates and not a guarantee of cost. 1. Delivery: Minimum $500.00. Cost based on location and transportation from Indiana. You can pick up at our Fort Wayne IN manufacturing facility to waive the delivery charge. (Must be pre-scheduled) 2. Installation: Labor and materials~$2,000-$3,500 (Location may be able to get this donated) 3. Electrical and Alarm: hook up to internal alarm system (Internal alarm must go to 911 dispatch for use with the baby box)~$1,200 4. Annual Alarm Service: Annual fee for monitoring~$300 annually paid by location to Alarm Company 5. Permits or other requirements prior to construction. (varies) 6. Camera option. Box comes pre-installed with the Amazon Blink™ camera and requires a third­ party membership to activate. Location must have a Wi-Fi connection. *Alternatives may apply. Please contact SHBB for more information 29