HomeMy WebLinkAbout2006-06-29-Meeting Agenda
Commission Meeting Agenda
Commission Chamber
6/29/2006
2:00 PM
INVOCATION: Reverend Max Hicks, Pastor First Primitive Baptist Church.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA.
PRESENTATION(S)
A. Receive presentation from Cassandra D. Youmans, M.D., District
Health Director East Central Health District VI. RE: Avian Flu.
(Requested by Commissioner Jerry Brigham)
Attachments
CONSENT AGENDA
(Items 1-3)
PLANNING
1. ZA-R-174- A request for concurrence with the Augusta-Richmond
County Planning Commission to APPROVE an amendment to the
Comprehensive Zoning Ordinance for Augusta-Richmond County
by deleting Section 29-4 (b) in its entirety and replacing it with a
new Section 29-4 (b): Eave or canopy: An eave, canopy, or other
similar architectural feature may extend into any required yard not
more than three (3) feet. (Approved by Commission June 20, 2006
- second reading)
Attachments
PETITIONS AND COMMUNICATIONS
2. Motion to approve the minutes of the regular meeting of the
Commission held June 20, 2006.
Attachments
APPOINTMENT(S)
3. Motion to approve the appointment of Oregon H. Gibson to the
Public Facilities Board representing DIstrict 1.
Attachments
****END CONSENT AGENDA****
AUGUSTA COMMISSION
6/29/2006
AUGUSTA COMMISSION
REGULAR AGENDA
6/29/2006
(Items 4-22)
PUBLIC SERVICES
4. New Application: A N. 06 - 32: A request by Charles F. Palmer
for an on-premise consumption Liquor & Beer license to be used
in connection with Trap Lounge located at 1505 North Leg Rd
There will be Dance. District 3. Super District 10.
Attachments
5. New Ownership Application:A. N. 06 - 32: A request by Anthony
G. Lucas for an on-premise consumption Liquor, Beer & Wine
license to be used in connection with Snuffy's Lounge located at
2610 Peach Orchard Rd. District 2. Super District 9.
Attachments
6. New Ownership Application: A. N. 06 - 34: A request by Barbara
Pitt for an on-premise consumption Liquor, Beer & Wine license
to be used in connection with Simply Seven Lounge located ae
2925 Peach Orchard Rd. There will be Dance. District 6. Super
District 10.
Attachments
7. New Application: A. N. 06 - 35: A request by Donna Thompson
for a retail package Beer license to be used in connection with
Attachments
Ninth Street Wine Market located at #12 Ninth St. District 1.
Super District 9.
8. New Ownership Application: A. N. 06 - 36: A request by Crystal
M. Wingate for an on- premise consumption Liquor, Beer & Wine
license to be used in connection with Club Spectrum located at
1632 Walton Way. There will be Dance. District 1. Super District
9.
Attachments
9. Motion to approve the Recreation and Parks Department to make
application for a FY 2007 Georgia Historic Preservation Grant
through the Georgia Department of Natural Resiources.
Attachments
10. Discussion: A request by Joanne C. Lamkin for a Therapeutic
Massage license to be used in connection with Heavenly Hands
Therapeutic Massage at Acacia Full Sevice Salon located at 2940
Inwood Dr. District 5. Super District 9.
Attachments
11. Discussion: A request by Marquitta Graham for a Massage
Operators license to be used in connection with Spice Of New
York Salon & Spa located at 712 Bohler Ave. District 1. Super
District 9.
Attachments
12. Discussion: A request by Avery S. Dotie for a Massage Operators
license to be used in connection with Acacia Full Service Salon
located at 2940 Inwood Dr. District 5. Suiper District 9.
Attachments
PUBLIC SAFETY
13. Discuss options for 9-1-1 Ambulance Service in 2007.
Attachments
14. Approve the purchase of a new network switch and an upgrade to
our current Cisco 6509 core switch.
Attachments
15. Approve the replacement of obsolete computer equipment
(laptops, computers, servers, printers) and purchase of any
required computer software upgrades.
Attachments
FINANCE
16. Approve sale of pension property proposal from Mr. Harry
Kitchen, Jr. of the Foxfield Company through the Downtown
Development Authority for development of condominium project
known as The Watermark on The Augusta Riverwalk.
(Recommended from the June 19, 2006 Finance Committee Work
Session)
Attachments
17. Consider a request from Stephen H. Steinberg regarding relief
from 2001 taxes for the property at 1367 Gordon Highway.
(Map/Parcel No. 073-0-039-01-0) (Referred from May 16, 2006
Commission meeting)
Attachments
ENGINEERING SERVICES
18. Approve award of construction in the amount of $6,840,270.22 to
Blair Construction Co. for the Fairington Sanitary Sewer
Extension project. Bid item # 06-133.
Attachments
PETITIONS AND COMMUNICATIONS
19. Consider request from Boys & Girls Clubs for Augusta, GA. to
serve as fiscal agent for a Georgia Children and Youth
Coordinating Council Title V grant.
Attachments
ATTORNEY
20. Approve the demolition of buildings on Judicial Center Sites.
Attachments
21. Discussr/approve purchase of Greene Street properties. (Requested
by Commissioner Don Grantham)
Attachments
Upcoming Meetings
www.augustaga.gov
LEGAL MEETING
A. Pending and Potential Litigation.
B. Real Estate.
C. Personnel.
22. Motion to approve authorization for the Mayor to execute affidavit
of compliance with Georgia's Open Meeting Act.
Commission Meeting Agenda
6/29/2006 2:00 PM
Invocation
Department:
Caption:Reverend Max Hicks, Pastor First Primitive Baptist Church.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Commission Meeting Agenda
6/29/2006 2:00 PM
Board of Health
Department:
Caption:Receive presentation from Cassandra D. Youmans, M.D.,
District Health Director East Central Health District VI. RE:
Avian Flu. (Requested by Commissioner Jerry Brigham)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Commission Meeting Agenda
6/29/2006 2:00 PM
Planning Commission
Department:Planning Commission
Caption:ZA-R-174- A request for concurrence with the Augusta-
Richmond County Planning Commission to APPROVE an
amendment to the Comprehensive Zoning Ordinance for
Augusta-Richmond County by deleting Section 29-4 (b) in
its entirety and replacing it with a new Section 29-4 (b): Eave
or canopy: An eave, canopy, or other similar architectural
feature may extend into any required yard not more than
three (3) feet. (Approved by Commission June 20, 2006 -
second reading)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Commission Meeting Agenda
6/29/2006 2:00 PM
Alcohol License Application
Department:License & Inspections
Caption:New Application: A N. 06 - 32: A request by Charles F.
Palmer for an on-premise consumption Liquor & Beer
license to be used in connection with Trap Lounge located at
1505 North Leg Rd There will be Dance. District 3. Super
District 10.
Background:This is the former location of the teen club Tinted Windows.
Analysis:The applicant meets the requirements of the Augusta-
Richmond County Alcohol Ordinance.
Financial Impact:The applicant will pay a pro-rated fee of $1700.00.
Alternatives:
Recommendation:License & Inspectio recommends approval. The RCSD
recommends approval.
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Administrator.
Clerk of Commission
Commission Meeting Agenda
6/29/2006 2:00 PM
Alcohol License Application
Department:License & Inspections
Caption:New Ownership Application:A. N. 06 - 32: A request by
Anthony G. Lucas for an on-premise consumption Liquor,
Beer & Wine license to be used in connection with Snuffy's
Lounge located at 2610 Peach Orchard Rd. District 2. Super
District 9.
Background:This location has been closed for over a year. Formerly in the
name of Miriam Crawford.
Analysis:The applicant meets the requirements of the Augusta-
Richmond County Alcohol Ordinance.
Financial Impact:The applicant will pay a pro-rated fee of $1925.00.
Alternatives:
Recommendation:License & Inspection recommends approval. The RCSD
recommends approval.
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Administrator.
Clerk of Commission
Commission Meeting Agenda
6/29/2006 2:00 PM
Alcohol License Application
Department:License & Inspections
Caption:New Ownership Application: A. N. 06 - 34: A request by
Barbara Pitt for an on-premise consumption Liquor, Beer &
Wine license to be used in connection with Simply Seven
Lounge located ae 2925 Peach Orchard Rd. There will be
Dance. District 6. Super District 10.
Background:The location was formerly Top Lounge. The alcohol license
was held by Kim Park.
Analysis:The applicant meets the requirements of the Augusta-
Richmond County Alcohol Ordinance.
Financial Impact:The applicant will pay a pro-rated fee of $1925.00.
Alternatives:
Recommendation:License & Inspection recommends approval. The RCSD
recommends approval.
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Administrator.
Clerk of Commission
Commission Meeting Agenda
6/29/2006 2:00 PM
Alcohol License Application
Department:License & Inspections
Caption:New Application: A. N. 06 - 35: A request by Donna
Thompson for a retail package Beer license to be used in
connection with Ninth Street Wine Market located at #12
Ninth St. District 1. Super District 9.
Background:The applicant already has a wine license at this location.
Analysis:The applicant meets the requirements of the Augusta-
Richmond County Alcohol Ordinance.
Financial Impact:The applicant will pay a pro-rated fee of $225.00
Alternatives:
Recommendation:License & Inspection recommends aproval. The RCSD
recommends approval.
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Administrator.
Clerk of Commission
Commission Meeting Agenda
6/29/2006 2:00 PM
Alcohol License Application
Department:License & Inspections
Caption:New Ownership Application: A. N. 06 - 36: A request by
Crystal M. Wingate for an on- premise consumption Liquor,
Beer & Wine license to be used in connection with Club
Spectrum located at 1632 Walton Way. There will be Dance.
District 1. Super District 9.
Background:This is a new ownership application. Formerly in the name of
Samuel Lowe.
Analysis:The applicant meets the requirements of the Augusta-
Richmond County Alcohol Ordinance.
Financial Impact:The applicant will pay a pro-rated fee of $1925.00.
Alternatives:
Recommendation:License & Inspection recommends approval. The RCSD
recommends approval.
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Administrator.
Clerk of Commission
Commission Meeting Agenda
6/29/2006 2:00 PM
Georgia Heritage Grant Application
Department:Tom F. Beck, Director of Recreation and Parks Department
Caption:Motion to approve the Recreation and Parks Department to
make application for a FY 2007 Georgia Historic
Preservation Grant through the Georgia Department of
Natural Resiources.
Background:Created in 1994 and administered through the Historic
Preservation Division (HPD) of the Georgia Department of
Natural Resources, the Gerogia Heritage Grant Program has
provided funding to support development activities for
historic and archaeological resources in Georgia. This grant
application is being submitted for exterior renovations to the
Old Government House.
Analysis:To be eligible for grant assitance through this program,
historic and archaeological resources must be listed on the
Georgia Register of Historical Places. The Old Government
House meets this criteria. Georgia Heritage Grant awards are
required to be matched at a 60% state - 40% local match.
Financial Impact:The project at the Old Government House is estimated to
cost $53,000 and would include exterior cleaning of the
building, the re-glazing of windows and minor wood repairs,
exterior painting of the structure and stucco repairs to the
building that was constructed in 1801. The maximum grant
award from the state would be $31,800 with a required match
totaling $21,200 from the City of Augusta.
Alternatives:1. To Approve 2. Move No Action thus delaying this
remedial work needed at the Old Government House.
Recommendation:#1. To Approve
Funds are
Available in the
Following
Accounts:
Old Government House SPLOST Phase IV and SPLOST V
REVIEWED AND APPROVED BY:
Finance.
Administrator.
Clerk of Commission
Commission Meeting Agenda
6/29/2006 2:00 PM
Massage Application
Department:License & Inspections
Caption:Discussion: A request by Joanne C. Lamkin for a
Therapeutic Massage license to be used in connection with
Heavenly Hands Therapeutic Massage at Acacia Full Sevice
Salon located at 2940 Inwood Dr. District 5. Super District 9.
Background:This a new application.
Analysis:The applicant has met the requirements of the Augusta-
Richmond County Ordinance regulating Therapeutic
Massage.
Financial Impact:The applicant will pay a fee of $175.00
Alternatives:
Recommendation:License & Inspection recommends approval. The RCSD
recommends approval.
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Administrator.
Clerk of Commission
Commission Meeting Agenda
6/29/2006 2:00 PM
Massage Application
Department:License & Inspections
Caption:Discussion: A request by Marquitta Graham for a Massage
Operators license to be used in connection with Spice Of
New York Salon & Spa located at 712 Bohler Ave. District
1. Super District 9.
Background:This is a new application.
Analysis:The applicant meets the requirements of the Augusta-
Richmond County Ordinance regulating Therapeutic
Massage.
Financial Impact:The applicant will pay a fee of $175.00.
Alternatives:
Recommendation:License & Inspection recommends approval. The RCSD
recommends approval.
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Administrator.
Clerk of Commission
Commission Meeting Agenda
6/29/2006 2:00 PM
Massage Application
Department:License & Inspections
Caption:Discussion: A request by Avery S. Dotie for a Massage
Operators license to be used in connection with Acacia Full
Service Salon located at 2940 Inwood Dr. District 5. Suiper
District 9.
Background:This is a new application.
Analysis:The applicant meets the requirements of the Augusta-
Richmond County Ordinance regulating Therapeutic
Massage.
Financial Impact:The applicant will pay a fee of $175.00.
Alternatives:
Recommendation:License & Inspection recommends approval. The RCSD
recommends approval.
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Administrator.
Clerk of Commission
Commission Meeting Agenda
6/29/2006 2:00 PM
Ambulance Service contract for 2007
Department:Fire Department
Caption:Discuss options for 9-1-1 Ambulance Service in 2007.
Background:We entered into a one year contract for 9-1-1 Ambulance
Service with Gold Cross EMS last fall. Under the terms of
the contract, the City has the option to renew the current
agreement for an additional year. If this option is exercised,
we must notify the contractor on or before June 30, 2006.
Analysis:The Contractor is currently operating within the terms of the
contract. The city has two options; option one is to notify
Gold Cross of our intent to renew the contract for an
additional year. Option two would be to take no action which
would result in an RFP process for 9-1-1 Ambulance Service
taking place later in the year.
Financial Impact:Currently the cost for 9-1-1 Ambulance Service is
$1,300,000 annually.
Alternatives:
Recommendation:Motion to notify Gold Cross EMS that the City wishes to
exercise its option to renew the 9-1-1 Ambulance Service
Contract for 2007.
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Administrator.
Clerk of Commission
Revised 11-1-05
AGREEMENT FOR 9-1-1 AMBULANCE RESPONSE AND
EMERGENCY MEDICAL SERVICES
THIS AGREEMENT ("Agreement") is made and entered into this 15 day of November 2005, by and c between
GOLD CROSS EMS, Inc., a Georgia Corporation (the "Contractor"), and AUGUSTA, GEORGIA, AUGUSTA-
RICHMOND COUNTY GEORGIA, a political subdivision of the State of Georgia (the "City").
WHEREAS, Contractor is the owner and operator of certain emergency medical care vehicles and equipment
designed to respond to requests for and provide emergency medical care and transportation and has in its employ
trained personnel whose duties are related to the use of such vehicles and equipment and to the provision of
emergency medical services;
WHEREAS, City desires that Contractor provide ambulance response to 9-1-1 Calls for ambulance transportation
and emergency medical service within the Service Area upon the terms and conditions set forth in this Agreement;
and
WHEREAS, Contractor desires to provide ambulance response to 9-1-1 calls for emergency medical services and
medical care in conjunction therewith within the Service Area upon the terms and conditions set forth in this
Agreement;
NOW, THEREFORE, in consideration of the premise, the mutual covenants and promises hereinafter set forth,
and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as
follows:
ARTICLE I
DEFINITIONS
The following terms when used in this Agreement shall have the meanings as follows:
1.1. Act means the Georgia Emergency Medical Services Act (O.C.G.A. §31-11-1 et seq.) and the
regulations promulgated there under by the Georgia Department of Human Resources (Ga. Compo R. &
Regs. §290-5-30-.01 et seq.).
1.2. Advanced Life Support (ALS) Ambulance means an ambulance staffed by a Paramedic or Cardiac
Technician who is available to treat a patient(s) on the scene and during transportation to the hospital, and is
properly equipped to perform the procedures outlined in the Public Health Code.
1.3. Ambulance means a motor vehicle registered by the Department that is specially constructed and
equipped and is intended to be used for emergency transportation of patients.
1.4. Ambulance Service means the providing of emergency care and transportation on the public streets and
highways of this state for a wounded, injured, sick, invalid, or incapacitated human being, to or from a place
where medical or hospital care is furnished.
EMS Contract Page 1of 28
1.5. Contract Administrator means the person assigned by the City of Augusta with daily oversight of the
EMS Contract and shall be the City of Augusta Fire Chief or designee.
1.6. Department means the Georgia Department of Human Resources.
1.7. EMA Director means the Director of the Augusta Richmond County Emergency Management Agency.
1.8. Emergency means a 9-1-1 Call designated as Priority One or Priority Two (generally with
circumstances, which may be of a life-threatening or limb-threatening nature and which apparently require
immediate response).
1.9. Emergency Medical Services or "EMS" means medical care rendered by EMS Personnel at the scene
of an emergency and during transport of a patient from the scene of an emergency to an appropriate hospital.
1.10. EMSAB means the Emergency Medical Service Advisory Board to be appointed by the City Administrator.
1.11. EMS Personnel means any licensed emergency medical technician, certified cardiac technician, certified
paramedic, or first responder.
1.12. EMS System means the comprehensive coordinated arrangement of resources and functions to respond to
medical emergencies and other medical needs in conjunction with providing EMS in the Service Area.
1.13. First Responder means an individual who has successfully completed an approved first responder course, with a
minimum of 40 hours training.
1.14. License or Licensed means that a person or an entity has complied with all requirements of the Act, the
Department, and all other regulatory bodies necessary to perform its respective EMS functions.
1.15. Medical Director means the licensed physician designated as the "Ambulance Service Medical Director" or
"Medical Advisor" (as defined by the Rules of the Department) to provide medical direction and control for
Contractor's operations in Augusta, Georgia.
1.16. Medical Program Director means the licensed physician (or hislher designee) employed by the City as the Fire
Department Medical Director.
1.17. Medical Protocol means a written statement of standard procedure, promulgated by the Department or the
Medical Director as the medically appropriate standard of out-of-hospital care for a given clinical condition.
1.18. Mutual Aid Agreement means a written agreement between two or more providers of Emergency Medical
Services in the same or contiguous counties whereby the parties agree to provide assistance to one another under
certain circumstances.
1.19. 9-1-1 Call(s) means all requests for Emergency Medical Services received by the PSAP, including requests
categorized as Non-Emergencies (Priority Three) for purposes of triage.
EMS Contract Page: 2 of28
1.20. Non-Emergency means a 9-1-1 Call designated as Priority Three for purposes of triage.
1.21. O.C.G.A. means Official Code of Georgia Annotated.
1.22. Patient means an individual who is ill, sick, injured, wounded, helpless or otherwise incapacitated, and who is
in need of, or is at risk of needing medical care or assessment during transportation to or from a health care
facility, and who is reclining or should be transported in a reclining position.
1.23. Patient Charges means those amounts charged to Patients by Contractor for services provided hereunder.
1.24. PSAP means the 9-1-1 Public Safety Answering Point as defined by the Telecommunications Act.
1.25. Priority means the call priority number (i.e., Priority One, Two or Three) assigned to all requests for an
Ambulance received by the Contractor's Dispatch Center, pursuant to telephone algorithms and protocols.
1.26. Response Time means the elapsed time between Time-Dispatched and Time-On-Scene, as recorded by the
dispatching Contractor's Dispatch Center.
1.27. Response Time Exception means a Response Time that exceeds the applicable Response Time Standard.
1.28. Response Time Exemption means a Response Time Exception that, for reasons set forth herein, is excluded
from the calculation of compliance with the applicable Response Time Standard.
1.29. Response Time Standard means the applicable response time performance requirement set forth herein for
response to 9-1-1 calls for emergency medical services by priority and urban and rural area.
1.30. Rural means those areas generally south of Willis Foreman Road and Brown Road, in Augusta Richmond
County, Georgia. as shown on Exhibit "A", a map captioned "EMS Response Zones January 2006 Contract",
which is attached hereto and incorporated herein by reference.
1.31. Service Area means that area which is contained within the boundaries of Richmond County, Georgia,
excluding Fort Gordon.
1.32. SLA means the Service Level Agreement between the parties, as it may be amended from time to time by the
Contract Administrator and the Contractor.
1.33. State means the state of Georgia and its regulatory agencies.
1.34. Subsidy means those funds provided to Contractor by the City to fulfill its obligation to provide care for needy
inhabitants as described herein.
1.35. Time-Call-Dispatched means the time the Contractor has obtained the minimum information necessary to
respond (i.e. the location and chief complaint), as recorded by the Contractor's Dispatch Center.
EMS Contract Page: 3 of 28
,
'
1.36. Time-On-Scene means the time an Ambulance or Contractor's personnel licensed to render ALS services
arrives at the scene of an incident giving rise to the request for an ambulance.
1.37. Urban means those areas generally located north of Willis Foreman and Brown Roads, in Augusta Richmond
County, Georgia as shown on Exhibit "A", a map captioned "EMS Response Zones January 2006 Contract",
which is attached hereto and incorporated herein by reference.
EMS Contract Page: 4 of 28
ARTICLE II
TERM AND SCOPE OF AGREEMENT
2.1 TERM; OPTIONS TO RENEW. The term of this Agreement commences on December 31, 2005 at 11 :59
p.m. and ends at 11 :59 p.m. on December 31, 2006; with an option by the City to extend the contract up to
two additional years in one year increments. City will notify Contractor of its exercise of its option to
renew for 2007 on or before 11 :59 p.m. on June 30, 2006. City will notify Contractor of its exercise of its
option to renew for 2008 on or before 11 :59 p.m. on June 30, 2007. Said renewal terms, if exercised, will
commence on December 31, 2006 at 11: 59 p.m. and December 31, 2007, respectively.
2.2 SCOPE OF AGREEMENT/SERVICE EXCLUSIONS. During the term of this Agreement, Contractor shall
furnish quality Emergency Medical Services and appropriate patient care throughout the Service Area in
response to 9-1-1 Calls in compliance with applicable statutes, rules, and regulations and in accordance
with medical direction and control. Such services may be performed on-scene and/or en route to an
appropriate treatment facility. This Agreement does not control the provision of non-emergency
Ambulance Service by Contractor or other Ambulance Service providers in City.
2.3 PROVISION OF SERVICES. Contractor shall manage all day-to-day operations, including dispatch, field
operations, billing, collections, purchasing and other operational functions. Contractor shall negotiate all
Mutual Aid Agreements for the Service Area, maintain all facilities and equipment; hire/terminate and
provide or arrange for in-service training of all EMS Personnel; propose and provide justification for rate
changes, with final approval by City; manage all billing and collection functions; provide monthly financial
reports to City required herein; solicit in good faith the recommendations of City, the public and the
hospitals operating in the Greater Augusta Metropolitan Area for improvements in the EMS System in the
Service Area; cooperate with and respond to City on matters related to Patient care; and generally manage
all aspects of the EMS System's operations. Contractor's services shall include, but not be limited to, the
following:
a Employing and managing all EMS Personnel;
b Insuring that each Ambulance crew meets State requirements for licensors and certification;
c Providing employee in-service training sufficient to meet State recertification requirements;
d Providing sufficient Ambulances, equipment, supplies and maintenance to perform under this Agreement,
with additional ambulances added and dropped throughout the day in accordance with anticipated call
volume. Ambulances may be posted at various locations around the City when not on call.
e Furnishing all fuel, lubricants, repairs, initial supply inventory and all supplies;
f Operating the EMS System to meet all clinical and Response Time Standards;
g Maintaining good working relationships with public safety agencies in the Service Area;
EMS Contract Page: 5 of28
h Providing the public with information concerning EMS;
Conducting all billing and collection activities and procedures; however, Contractor shall not delay or
deny any treatment or transport due to any patient's inability to pay;
J Providing sufficient dispatch, equipment, supplies and maintenance to perform under this Agreement,
which shall include the transfer of Medical 9-1-1 calls to the contractor's dispatch center for Emergency
Medical Screening by the contractor's call taking personnel and assignment to a responding ALS
Ambulance by the contractor's dispatch personnel;
k Interfacing with appropriate State and local 9-1-1 dispatching agencies;
Ensuring professional conduct and appearance of all office and field personnel;
l Securing mutually beneficial support agreements with neighboring ambulance services, with notice to City;
n In. Maintaining a Georgia Ambulance license, all state and local vehicle permits required by law, and all
Licenses and certifications required by law for its EMS Personnel; and
o Providing a defined Quality Assurance process to the City.
2.4 ALL-ALS, FULL-SERVICE SYSTEM. All vehicles initially responding to Priority One and Priority Two 9-
1-1 Calls pursuant to this Agreement shall be staffed and equipped to provide ALS care. The paramedic
shall be the primary care giver for patients and shall accompany any patient requiring ALS intervention in
the patient compartment of the Ambulance during patient transport.
2.5 DISASTER ASSISTANCE. During a declared disaster, locally or in a neighboring jurisdiction, the nominal
course of business under this Agreement shall be interrupted from the moment the Contractor has been
notified of the disaster situation by the EMA Director or designee. Immediately upon such notification,
Contractor shall commit such resources as are necessary and appropriate, given the nature of the disaster,
and shall assist in accordance with disaster plans and protocols applicable in the locality where the disaster
has occurred. The disaster-related provisions of this Agreement are:
a During such periods, Contractor shall be released from response time performance requirements, including
late run penalties, until notified by the EMA Director or designee that disaster assistance is terminated.
At the scene of such disasters, Contractor's personnel shall perform in accordance with local disaster
protocols established by that community.
b When disaster assistance has been terminated, Contractor shall resume normal operations as rapidly as is
practical considering exhaustion of personnel, need for restocking, and other relevant considerations.
c During the course of the disaster, Contractor shall use best efforts to provide emergency coverage within
the Service Area and shall suspend Non-Emergency transport work covered by this Agreement as
necessary, informing persons requesting such Non-Emergency service of the reason for the temporary
suspension.
EMS Contract Page: 60f28
d In the event that the City Administrator determines that additional resources are necessary to respond to
the Disaster, provision of such services by Contractor shall be pursuant to a separate agreement between
Contractor and City.
2.6 MUTUAL AID. Contractor shall secure Mutual Aid Agreements with other Ambulance Services in or near the
Service Area, subject to the City's approval, which shall not be unreasonably withheld. In the course of
rendering such Mutual Aid services, the Contractor shall not be exempt from response time compliance and
late-run penalties imposed by this Agreement. Copies of all Mutual Aid Agreements shall be filed with the
Contract Administrator.
2.7 CLINICAL STANDARDS. Minimum standards regulating medical protocols; employee recruitment, screening
and orientation; qualifications of ambulance personnel; in-service training and quality improvement;
research; specific clinical performance parameters; materials management and equipment QA; and
employee safety and training shall be as set forth herein, and, in addition to applicable state and local laws
and regulations, shall constitute contractually binding performance requirements under this Agreement.
2.8 PSAP OPERATIONS. On all on calls transferred to the Contractor's Dispatch Center from the City of Augusta
PSAP, the Contractor shall use appropriate Emergency Medical Dispatch (EMD) protocols. Once the
Contractor's Dispatch Center determines a need for First Response by the Augusta Fire Department, they
will contact the Augusta 9-1-1 Center for dispatch of the First Response. Designated one button transfers
will be established between the Contractor's Dispatch Center and the Augusta 9-11 Center by the
Contractor. The Contractor will be required to furnish, at the Contractor's expense, radio communication
capability for each 9-1-1 Ambulance to facilitate radio communication to the City's First Responder's and
other Public Safety Responders using the current 800 MHz radio system of the City.
2.9 Response Time Standards. Contractor shall employ sufficient resources to achieve the following Response
Times:
Level Urban Rural
Priority 1 less than 8 :00 minutes - 90% of calls less than 10:00 minutes - 90% of
calls
Priority 2 Less than 10:00 minutes - 90 % of less than 12:00 minutes - 90% of
calls calls
Priority 3 20 minutes or less - 89% of calls 20 minutes or less - 80% of calls
2.10 Response Time Measurement, Compliance Reporting And Late Run Penalty Assessment.
a Reporting Requirements. Within fifteen (15) business days after the close of each month the Contractor
shall provide the Contract Administrator an initial response time performance report relative to every
request for 9-1-1 ambulance service originating within each priority and zone classification (urban" and
rural), within the Service Area. Separate reports shall be submitted for Urban, , and Rural areas. Monthly
reports shall include a listing by zone classification (i.e., urban, , and rural) of Response Time
Exceptions, including responses for which the Contract Administrator may grant Response Time
Exemptions, as provided herein. The format of such report shall be as approved by the Contract
Administrator.
EMS Contract Page: 7 of28
b Request for Response Time Exemption. Not later than fifteen (15) business days after the end of each
calendar month, the Contractor shall submit a list identifying Response Time Exceptions for which it
requests a Response Time Exemption. Within thirty (30) days those exceptions shall be reviewed by the
Contract Administrator, who with the Medical Program Director, shall determine whether an Exemption
will be granted. A final response time report shall then be provided by the Contract Administrator to the
City Administrator.
The Contractor's request shall include sufficient documentation of the circumstances of each incident to
justify an Exemption. Based upon information presented by the Contractor, and after consultation with a
Contractor representative and the Medical Program Director or his designee, the Contract Administrator shall
approve or deny each Exemption request prior to the issuance of a final response time report. The Contract
Administrator shall not unreasonably withhold approval of such requests. In the event of an umesolved
dispute between the parties regarding one or more requests for Exemption, the Contractor may at its option
appeal to the City Administrator, whose decision shall be final.
Response Time Exemptions shall be granted for:
Requests occurring during a period of unusually severe weather conditions such that response time
compliance is either impossible or could be achieved only at a greater risk to EMS personnel and the
public than would result from delayed response. The Contractor shall make such requests to the
Contract Administrator within fifteen (15) days after the event.
2 Requests during a declared disaster confirmed by the Contract Administrator, locally or in a
neighboring jurisdiction, in which the Contractor is rendering assistance. During such periods, the
Contractor shall use best efforts to simultaneously maintain coverage within the Service Area while
providing disaster assistance as needed. Upon resolution of the disaster event, the Contractor shall
apply to the Contract Administrator for retrospective relief from late-run penalties accrued during the
period of disaster assistance and for a reasonable period of restocking and recovery thereafter; and
the Contract Administrator shall not unreasonably withhold approval of such request.
3 Delayed responses due to a mass casualty incident (MCI), where the dispatch of more than two
ambulances to one scene causes a delayed response to other requests. The Exemption shall apply
from the time the third ambulance is dispatched through the time two of the ambulances responding
to the MCI are back in service (have cleared the call).
4 Calls that do not result in patient transport by the Contractor. This may be the result of no patient on
scene or patient elects private transport to a medical facility. NOTE: see 2.10 e 1 on page 9.
c Requests for Routine Medical Transportation. 9-1-1 Calls that are requests for routine medical
transportation (e.g. to a doctor's office rather than an emergency room). Contractor shall not be required
to respond to such calls with an ALS Ambulance and/or may refer the call to Contractor's non-
emergency operation or to an alternate transportation service.
d No Other Exemptions. No other causes of late response within Contractor's reasonable control (i.e.,
equipment failure, at fault vehicular accident) shall serve to justify Exemption from Response Time
EMS Contract Page: 80f28
Standards or late-run penalties unless specifically authorized by the Contract Administrator or the Medical
Program Director.
e Method of Measurement. For purposes of this determining Contractor's compliance with Response Time
Standards, the following shall apply:
1 Requests not resulting in patient contact, unless the call was cancelled after expiration of the applicable
Response Time Standard, shall not be counted;
2 For purposes of compliance, Time-On-Scene shall be the time an ambulance crew notifies the Contractor's
Dispatch Center that it has arrived at the incident location. Responses to locations lacking access by way
of a street or road maintained for public or private use shall be measured as the interval between Time-
Call-Dispatched and the time the responding crew advises the Contractor's Dispatch Center they are
leaving the maintained street or road to access the patient. In situations when the ambulance has
responded to a location other than the scene (i.e., staging area), arrival "at scene" shall be the time the
ambulance arrives at the designated staging location. Non-compliance with this rule is considered
falsification of data.
3 In cases where multiple vehicles are dispatched to a single incident, the Contractor's first arriving
paramedic shall "stop the clock," and response times of later-arriving units shall be excluded for response
time statistics and late-run penalties;
f Statistical Significance. A minimum 100 calls per month for each priority type shall be required to support a
determination of non-compliance.
g Incorrect Information. In the event a calling party gives the Contractor's Dispatch Center an incorrect
address, and the stated address is repeated back to the calling party by the dispatcher, and is confirmed by the
caller as the correct address, response time shall be measured from the time the Contractor's Dispatch Center
receives or otherwise discovers the correct address until the Contractor's ambulance arrives at the scene.
h Late Run Liquidated Damages. Within thirty 30 days of the final response report for each month, the
Contractor shall pay a penalty of Five Hundred Dollars ($500) for each Response Time Standard that it fails
to meet in a given month (taking into account the provision of 100 or more non-exempt responses). In the
event of such non-compliance, the Contractor shall also pay the City late-run penalties for Contractor's
longest responses, using the number of responses equal to the percentage of non-compliance (e.g.,
compliance of 88% means 2% of calls are non-compliant). For each whole minute a subject Response Time
exceeds the applicable Response Time Standard, Contractor shall pay the following penalties:
Priority One
Priority Two
Priority Three
$ 12 per minute.
$6 per minute. $3
per minute.
However, the maximum penalty for Priority One and Two responses shall be $180 per call, and maximum
penalty for Priority Three 9-1-1 responses shall be $150 per call.
EMS Contract Page: 9 of2~
2.11 WORK FORCE AND PERSONNEL PROVISIONS. The Contractor shall maintain minimum standards of
work force and personnel commitments equal to or superior to the commitments set forth herein, subject to
the following provision:
a Character and Competence of Personnel. All persons employed by Contractor in the performance of
work under this Agreement shall be competent and holders of appropriate permits in their respective
trades or professions. The City may demand the removal of any person employed by Contractor who
chronically misconducts his or herself, or is chronically incompetent or negligent in the due and proper
performance of his or her duties; and such person shall not be reassigned by Contractor to provide
services under this Agreement without the written consent of the Contract Administrator; provided,
however, that the Contract Administrator shall not be arbitrary or capricious in exercising such rights
under this provision, and shall be required in writing the specific reasons for exercising such rights
relative to any given employee and, prior to removal, shall also give that employee an opportunity to
defend himself or herself in the presence of the City Administrator, and if the issue is clinically related,
the Medical Program Director.
b Professional Conduct/Courteous Service. The City expects and requires professional and courteous
conduct at all times from Contractor's EMS personnel, administrative personnel, middle management
and top executives. Contractor shall address and correct any departure from this standard of conduct.
c Reasonable Work Schedules/Working Conditions. While this Agreement is a "performance contract,"
and while Contractor is not only allowed but encouraged to employ its own methods and techniques for
producing the required performance reliably and efficiently, Contractor is expressly required to utilize
reasonable work schedules, shift assignments, and to provide adequate working conditions so as not to
compromise patient care.
d Non-Discrimination. Contractor agrees as follows:
Contractor, during the performance of this Agreement, agrees to comply with all applicable
provisions of federal, state, and local laws and regulations pertaining to prohibited discrimination.
2 Contractor will not unlawfully discriminate against any employee or applicant for employment because
of race, religion, color, national origin, sex, disability or age. Contractor will ensure that applicants
are employed, and that employees are treated during employment, without regard to their race,
religion, color, national origin, sex or age (to the extent required by law). Such action shall include,
but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. Contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided setting forth the
provisions of this non-discrimination clause.
3 Contractor will, in all solicitations or advertisements for employees placed by or on behalf of
Contractor, state that all qualified applicants will receive consideration for employment without
regard to race, religion, color, national origin, disability, sex or age (to the extent required by law).
EMS Contract Page:10 of 28
e Risk Management and Safety Program. The Contractor shall utilize a risk management/safety program
throughout the term of this Agreement. This program shall meet appropriate OSHA requirements and
may include: physical ability testing, regularly scheduled safety reviews, emergency vehicle operations
training, lifting and equipment safety training, training in hazardous materials, training on infection
control and blood borne pathogens, and general personal safety training in the pre-hospital environment.
2.12 MONTHLY REPORTS.
a Within fifteen (15) business days after the close of each month, the Contractor shall provide the Contract
Administrator with written monthly reports containing the fqllowing infonnation: (i) Unit Utilization and
Transports; (ii) Call Volume by Priority; (iii) Transport Volume by Priority; and (iv) an initial response
time performance report including every request for ambulance service originating within each zone
classification (urban, suburban, and rural), within the Service Area. This report shall include the listing
by zone classification of response time exceptions, including responses for which Contractor requests a
Response Time Exemption, as provided herein.
b Within thirty (30) days after the close of each month, the Contractor shall provide the Contract
Administrator with a written monthly report containing the following information: Cardiac Arrest
Statistics; Procedural Statistics; Continuing Education offered; Number of Patient Care
Investigations/Inquiry Category,
2.13 QUARTERLY CONTRACT COMPLIANCE. Within ten (10) business days of the end of each month for
the first two months of Contract implementation, and within ten (10) business days of the end of each year's
quarter then following, the Contractor shall provide a summary on the performance obligations established
in this Agreement to the Contract Administrator.
2.14 QUARTERLY FINANCIAL STATEMENTS. Within twenty business days of the end of each quarter year,
Contractor shall provide the City Administrator with a financial report of its EMS operation (the services
provided under this Agreement) on a form approved by the City Administrator showing net revenue,
expenses, and collection percentage.
2.15 QUARTERLY EQUIPMENT REPORT. Within fifteen (15) business days after the end of each year's
quarter, the Contractor shall provide the Contract Administrator with a list of the Vehicle Identification
Numbers and corresponding mileage on each front line ambulance and back up ambulance used in the
performance of Contractor's duties under this Agreement.
2.16 SYSTEM STATUS MANAGEMENT PLAN ("SSM"). The City recognizes that to enhance performance,
continual SSM Plan adjustments will be made at the Contractor's sole discretion. However, the Contractor
shall inform the Contract Administrator of any changes, including any changes in post locations, and
coverage levels, immediately upon implementation of the changes.
2.17 INCIDENT REPORTS. All incidents or complaints concerning the Contractor arising out of this Agreement
shall be submitted to the Contract Administrator or the Medical Program Director and Contractor shall
provide City any additional information concerning such incident or complaint as reasonably requested by
the Contract Administrator or the Medical Program Director. The City shall have the right to inspect and/or
copy all Patient Care Reports and all Trip Reports subject to applicable law regarding disclosure.
EMS Contract
2.18 MISCELLANEOUS. The Contractor shall assist the City in preparing miscellaneous reports required or
requested by the Medical Program Director, or any state or federal agency.
2.19 INSPECTIONS. City representatives may, at any time, and without notification, directly observe the
Contractor's operation of the Contractor's Dispatch Center, fleet maintenance facility, any ambulance post
location, and may ride as "third person" on any of the Contractor's ambulances at any time. In exercising
this right to inspection and observation, the City's representatives shall conduct themselves in a professional
and courteous manner, shall not interfere in any way with the Contractor's employees in the performance of
their duties, shall at all times be respectful of the Contractor's employer/employee relationships, and shall be
subject to such reasonable risk-management requirements as may be specified by the Contractor, including
but not limited to applicable OSHA requirements and the execution of a waiver of liability. A previously
scheduled "third rider" (student or new hire) shall not be displaced by any such observer.
2.20 EMERGENCY REQUESTS TAKE PRIORITY. Whenever Emergency requests for Ambulances are of
such a volume that there are not sufficient Ambulances or personnel to respond to Non-Emergency 9-1-1
Calls in a timely fashion, Contractor shall notify the individual or organization requesting such Non-
Emergency service, explain the reason for the temporary delay, and furnish a realistic estimate of when
service will be available. Contractor shall make every reasonable effort to reduce and eliminate delays for
Non-Emergency services. In such event, Contractor shall employ available resources to respond to Priority
One, Two, and Three calls in that order.
2.21 KEY PERSONNEL. Contractor shall fill the key management positions identified in Exhibit "B" attached
hereto throughout the term of the Agreement with personnel with equal or superior qualifications to those of
the individuals listed in a response to Exhibit "B" which shall be filed with Owner on or before the
commencement of the term of this contract. This information will be promptly updated whenever changes
in key personnel occur.
2.22 STANDARDS FOR VEHICLES AND EQUIPMENT MAINTENANCE.
a Ambulances performing services under this Agreement shall meet or exceed the vehicle specifications
outlined in the Georgia Ambulance Rules & Regulations, Chapter 290-5-30.04. Ambulances with
mileage in excess of 250,000 miles shall not remain in the front line fleet and reserve or backup
ambulances with mileage in excess of 350,000 shall not be utilized except in exigent circumstances.
b Each Ambulance shall be equipped with all required equipment and supplies for operations as required by
the Contract Administrator, the Act and the approved Medical Protocols.
c Contractor shall comply with or exceed the maintenance standards outlined in Section 203 of the Standards
for Accreditation of Ambulance Services as published by the Commission on the Accreditation of
Ambulance Services, which is incorporated herein by reference. All costs of maintenance and repairs,
including parts, supplies, labor, subcontracted services and costs of extended warranties shall be at
Contractor's expense.
d All mechanical, safety, and special equipment shall be subject to inspection at any reasonable time by
representatives of City.
EMS Contract Page: 12 of2R
e No Ambulance that has been substantially damaged shall be again placed in service until it has been
adequately repaired.
2.23 OTHER PROVIDERS OF 9-1-1 EMERGENCY ABULANCE SERVICES. With the exception of the
provision for backup services or for First Responders, or the termination of the Agreement as provided for
herein, or as required by action of the Department, the City shall not enter into any agreement with any
other contractor for ground response to 9-1-1 requests for Ambulance response and Emergency Medical
Services within the Service Area during the term of the Agreement and any renewal thereof. Nothing herein
shall be construed as prohibiting other contractors from providing non-emergency Ambulance Services
within the Service Area.
EMS Contract Page: 13 of28
ARTICLE III
PAYMENTS AND FEES
3.1 COMPENSATION. As compensation for services rendered under this Agreement, Contractor shall
receive only the following:
a Subsidy as provided in Section 3.2 hereof; and
b Patient Charges as provided in Section 3.3 hereof;
Notwithstanding the foregoing, Contractor may be compensated for services (other than responding to 9-1-1
Calls) that are provided to the Sheriff, Coroner's Office, and other county Departments under separate agreements,
including disaster response.
3.2 SUBSIDY. City agrees to pay Contractor the following Subsidy:
For 2006 (commencing December 31, 2005 at 11:59 p.m. as set forth in Item 2.1): $1,330,000.00
Payment of the annual subsidy amount shall be made by City to Contractor in equal monthly increments, being
due on the first day of each calendar month, but not past due until the 15th day of the calendar month, with the
first payment in the amount of $ 110,833.33 due and payable on January 1, 2006.
3.3 PATIENT CHARGES. Contractor may charge Patients who use its Emergency Medical Services fees
not in excess of those described on Exhibit "C" attached hereto, subject to increases as provided for in Section 3.5
hereof. The City shall have no liability for the payment of any unpaid Patient Charges, it being the intention of the
parties that this is covered in the Subsidy.
3.4 USER FEES. All retail patients, including beneficiaries of Medicare and Medicaid, patients covered by
insurance and patients who have no insurance benefits will be charged equal amounts for equivalent services,
subject to contractual allowances. Should Contractor institute a subscription program, all members will be
"charged" at the retail rate, regardless of the amounts collected or collectable. Fees collected from managed care
organizations utilizing an at risk or capitated fee structure shall not be considered when calculating the Average
Patient Charge (APC).
3.5 COMPENSATION ADJUSTMENT. Should this Agreement renew for an additional term, Contractor
shall be allowed to make adjustments to its Patient Charges beginning on the first anniversary of the Agreement.
Contractor may not increase Patient Charges by more than 5% in any year as compared to the prior year during
the term of this Agreement without the prior consent of the Contract Administrator and City Administrator, which
shall not unreasonably be withheld.
EMS Contract Page: 140[28
ARTICLE IV
REPRESENTATIONS AND WARRANTIES
As an inducement to City to enter into this Agreement, Contractor represents and warrants to City as
follows:
4.1 DUE ORGANIZATION AND FORMATION. Contractor is a duly organized corporation in good standing
under the laws of the State of Georgia and is authorized to do business in the Service Area.
4.2 CAPACITY. Contractor has full power, authority and legal right to execute and deliver this Agreement
and to perform its duties hereunder, including delivery of the services contemplated hereby.
4.3 AUTHORITY AND ENFORCEABILITY. The execution, delivery and performance by Contractor of
this Agreement have been duly authorized by all necessary corporate action and do not and will not require
any registration with, consent or approval of, notice to, or any action by, any other person or entity. The
provisions of this Agreement constitute legal, valid and binding obligations of Contractor.
4.4 COMPLIANCE WITH OTHER INSTRUMENTS. The execution and delivery of this Agreement and
compliance with its terms, will not result in a breach of any of the terms or conditions of, nor constitute a
default (with due notice or lapse of time or both) under any indenture, agreement, order, judgment or
instrument under which Contractor is a party or by which Contractor or its property may be bound or
affected; nor result in an occurrence of an event for which any holder or holders of indebtedness may declare
the same due and payable; nor violate any provision of applicable law.
4.5 FINANCIAL INFORMATION. All financial information concerning Contractor or its assets provided
to City by Contractor or its accountants, attorneys, or other representatives, whether written or oral, was
when given and shall be at the time of the execution of this Agreement, true, accurate and complete, without
any material misstatement or omission of fact, to the best of Contractor's knowledge.
4.6 LITIGATION, JUDGMENTS, AND ORDERS. To the best of Contractor's knowledge, there are no
actions, suits or proceedings pending (whether or not purportedly on behalf of Contractor) or, to the
knowledge of Contractor, threatened against or affecting Contractor, at law or in equity, before or by any
court or regulatory agency, that would materially affect Contractor's ability to perform under this Agreement.
Contractor is not in violation or default with respect to any applicable laws and/or regulations, order,
judgment, writ, injunction, demand or decree of any court as would materially and adversely affect the
business, properties or condition (financial or otherwise) of Contractor.
4.7 LICENSES, PATENTS, TRADE NAMES AND OTHER RIGHTS. Contractor possesses all patents,
Licenses, franchise agreements, appointments, authorizations, trademarks, trade names, trade secrets,
copyrights and all rights with respect thereto, which are required to conduct its business as now conducted,
or as contemplated by this Agreement, without known conflict with the rights of others which would
materially and adversely affect such business. Contractor's employees have all Licenses necessary to perform
their respective EMS functions.
4.8 ADVERSE CONTRACTS AND INSTRUMENTS. Contractor is not a party to, bound by, subject to,
in violation of or in default under any contract, instrument, charter, by-law or other restriction that would
materially affect Contractor's ability to perform under this Agreement.
EMS Contrac: Page: 1:,\ of 21
4.9 T AX RETURNS AND PAYMENTS. Contractor has filed all tax returns and reports required to be
filed by it and has paid, or adequately provided for the payment of, all taxes, assessments and other
governmental charges imposed upon it or its assets, income or franchises, other than any such charges which
are currently payable without penalty or interest.
4.10 DISCLOSURE. To the best of Contractor's knowledge, neither this Agreement, nor any other
document, proposal, certificate or statement furnished to City by or on behalf of Contractor, contains any
untrue statement of a material fact or omits to state a material fact necessary in order to make the statements
contained herein and therein not misleading. There is no fact known to Contractor which materially and
adversely affects, or which in the future may (so far as can now reasonably be foreseen) materially and
adversely affect, the business, properties, operations or condition, financial or otherwise, of Contractor which
has not been disclosed in writing to City.
ARTICLE V
ADDITIONAL COVENANTS
During the term of this Agreement, Contractor shall comply with each and every one of the following
covenants.
5.1 COLLECTION OF PATIENT CHARGES. Contractor shall use its reasonable best efforts to collect
Patient Charges by utilizing all reasonable means allowed by law; provided, however, that Contractor shall
not be required to pursue collections in those instances where it is not economically reasonable to do so.
5.2 RIGHT OF INSPECTION. Contractor shall permit City or its representatives, upon reasonable notice,
to inspect the facilities and equipment being used to operate the EMS System and, during normal
business hours, to audit and examine Contractor's books and records with respect to the EMS System.
5.3 NOTICE OF DEFAULT. Upon its discovery of the occurrence of any default (or the existence of any
fact or circumstance which can be reasonably expected to result in a default), or other noncompliance with
any provision, term or condition of this Agreement, Contractor shall immediately give notice thereof to City.
5.4 MAINTENANCE OF EXISTENCE, CONDUCT OF BUSINESS. Contractor shall: preserve and
maintain its business as presently conducted (or as contemplated hereby) and all of its Licenses, rights,
privileges and franchises necessary or desirable in the normal conduct of said business; conduct its business
in an orderly, efficient and regular manner; keep true and correct books of record and accounts adequate to
the needs of its business; keep its assets useful or necessary in its business in good working order and
condition, and from time to time make all needed repairs, renewals and replacements thereto or thereof, so
that the efficiency of its assets shall be usefully preserved; and comply with all applicable laws and
regulations of any person or entity having jurisdiction over Contractor's operations and the terms of any
indenture, contract or other instrument to which it may be a party or under which it may be bound, except
where contested in good faith and by proper proceedings. Contractor shall be permitted to sell or other-wise
dispose of all or any portion of its businesses in markets other than the Service Area provided that such
transactions, or any multiple transactions in the aggregate, do not constitute a sale of substantially all of the
assets of the Contractor or the assets used under the terms of this Agreement and
EMS Contract Page: 16 of25:
do not have a material adverse impact on the financial condition of the Contractor or the ability of the
Contractor to perform under this Agreement. This paragraph does not prohibit a sale or transfer of assets to a
parent corporation, or subsidiary of Contractor or of a parent corporation, as long as such sale or transfer
does not impair Contractor's ability to perform under this Agreement or such transfer or sale is pursuant to
an assignment permitted by this Agreement.
5.5 COMPLIANCE WITH LAW. Contractor shall conduct its business to comply with all laws and
regulations in all jurisdictions In which it may at any time be doing business or which may otherwise be
applicable.
5.6 INSURANCE REQUIREMENTS. Contractor shall furnish City proof of coverage for the insurance
requirements stipulated below, provided that Contractor may meet all or part of such requirements
through self-insurance, to the extent permitted by law, upon proof of the same to City. All policies shall be
written on an occurrence basis. No vehicle shall be operated by Contractor unless there is coverage in effect
as provided for by the following:
a General liability in an amount not less than one million dollars ($1,000,000) per occurrence limit, two
million ($2,000,000) for the General Aggregate Limit (other than Products/Completed Operations), and
one million ($1,000,000) limit for products/completed operations per occurrence/aggregate.
b Vehic1e liability insurance with a combined limit of liability, per accident, of one million ($ 1,000,000)
coverage for Non-Owned and Hired liability, on all covered vehicles.
c Professional liability insurance in an amount of not less than one million ($1,000,000) for the per
occurrence limit and two million ($2,000,000) for the general aggregate limit.
d Excess liability limits of one million ($1,000,000) general aggregate over the underlying limits outlined
above,
e Workers' compensation and employer's liability insurance as required by and in conformance with the laws
of the state of Georgia.
5.7 COMPLIANCE WITH ABUSE REGULATIONS. Contractor shall comply with the Department's
regulations concerning the prompt reporting of any suspected abuse of a child or elderly person.
5.8 PERMITS. Contractor holds a State ambulance License and all State and local vehicle permits
necessary to provide EMS hereunder Contractor shall make all necessary payments for such License and
permits and furnish City with proof that it has obtained such Licenses or permits.
Contractor shall be responsible for verifying that the State and local certifications and Licenses of its EMS
personnel are in order and current at all times.
5.9 COMPLIANCE WITH REGULATIONS. Contractor shall comply with the Act, all current and future
rules and regulations promulgated by the Department, and any other statute, rule or regulation governing the
operation of the EMS System.
5.10 RELIANCE ON REPRESENTATIONS, WARRANTIES AND COVENANTS. Each and every
representation, warranty and covenant contained herein, and all such representations, warranties and
EMS Contract Pa~2: 17 of28
covenants in the aggregate, have been and will continue to be relied upon by City and are material to its decision
to enter into and perform its obligations under this Agreement.
5.11 PERFORMANCE SECURITY. Contractor will be required to furnish performance security in the
amount of $1,500,000 for each year of the contract, including each renewal term. The guaranty of performance
may be in the form of a cashier's check, certified check made payable to the City, performance bond, irrevocable
letter of credit issued by a bank or savings & loan association, or other forms of performance security acceptable
to the City that are substantially equivalent to a performance bond in the amount of $1 ,500,000. The security will
be provided to the City within thirty (30) days of the execution of this contract. Failure to meet the criteria to be
used for the requirements of bond or other form of security is a Class A Default.
ARTICLE VI
DEFAULT
6.1 DEFAULTS DEFINED. There shall be two classes of defaults, as defined below, regarding the
Contractor's performance under this Agreement.
a Class A defaults are limited to the following:
Willful attempts by Contractor to intimidate or otherwise punish employees who desire to interview with
or to sip contingent employment agreements with competing bidders during a subsequent bid cycle;
2 Willful attempts by Contractor to intimidate or otherwise deter employees from truthful and full disclosure
of all facts or impressions regarding the delivery of EMS or the EMS System, to questions posed by the
Medical Program Director or other persons overseeing the system;
3 Failure to comply with minimum employee wage/salary requirements;
4 Chronic and persistent failure of Contractor's employees to conduct themselves in a professional and
courteous manner, and to present a professional appearance;
5 Deliberate and unauthorized scaling down of operation to the detriment of performance during a "lame
duck' period;
6 Failure by Contractor to cooperate with and assist the City in its takeover of Contractor's operations after a
Class A default has been declared by the City, as provided for in paragraph 6.2, even if it is later
determined that such default never occurred or that the cause of such default was beyond Contractor's
reasonable control;
7 Failure on the part of the Contractor to substantially fulfill the "lame duck" provisions of this Agreement as
set forth herein, including but not limited to the requirement that the Contractor shall fully satisfy its
remaining financial obligations to its employees and suppliers upon termination of this Agreement;
EMS Contract Page: 18 of28
8 Failure to purchase and maintain in force insurance meeting the requirements set forth in the
Agreement;
9 Chronic failure to maintain or replace equipment in accordance with good maintenance practices;
10 Failure to maintain or replace equipment in a fashion that endangers public health and safety;
11 Failure of Contractor to conduct its 9-1-1 response operation in substantial compliance with the
requirements of the applicable Federal, State, and City laws, rules and regulations (minor infractions
of such requirements shall not constitute a major breach but willful and repeated breaches shall
constitute a material breach);
12 The persistent or repeated occurrence of a Class B default;
13 Supplying to Augusta during the bidding and contracting process, false or misleading information, or
information so incomplete as to effectively mislead; and
14 Willful falsification of data supplied to Augusta or to the Medical Program Director during the course
of operations, including by way of example but not by way of exclusion, run data, patient report
data, financial data, or willful downgrading of presumptive run code designations to enhance
Contractor's apparent performance, or falsification or deliberate omission of any other data required
under the Agreement;
b Class B defaults include: Any failure by the Contractor to perform its obligations under the Agreement,
which may include Class A defaults, as determined by EMSAB.
6.2 REMEDIES FOR CLASS A DEFAULTS.
a Declaration of Class A Default and Takeover of Service. In the event the EMSAB has reasonable
grounds to believe that a Class A default of the Agreement by the Contractor may have occurred, the
Contractor shall be given written notice of same. Such notice shall afford the Contractor a reasonable
opportunity to respond and (1) contest the existence of a Class A default; (2) to cure any such default; or,
(3) at the EMSAB's discretion, provide a written plan to cure such default. The length of the response
period shall be dependent upon the extent to which public health and safety is endangered, as determined
by the EMSAB. If the Contractor fails to cure the default with the EMSAB's notice, the City may
terminate the Agreement or takeover Contractor's 9-1-1 operations in the Service Area; provided that
prior to so doing, the Contractor shall be afforded a hearing before the Augusta-Richmond County
Commission unless the City concludes that public health and safety concerns require an immediate
takeover. In the event of a takeover, the Contractor shall cooperate completely and immediately with the
City to effect a prompt and orderly takeover by the City of Contractor's 9-1-1 operations in the Service
Area, including, but not limited to, the leasing of equipment to the City pursuant to a contingent lease
agreement satisfactory to City. No takeover shall last more than twelve consecutive months and all
equipment and vehicles leased from Contractor shall be returned to Contractor in good working order,
excepting normal wear and tear, upon termination of the takeover period, subject to the provisions of
paragraph 7.1. City shall be relieved from paying any Subsidy during the takeover period. Further, this
Agreement shall terminate upon the expiration of the takeover period, except for such provisions as
might survive the termination of the Agreement.
EMS Contract Page: 19 of2f
b Dispute after Takeover. Such takeover shall be effected within 72 hours after the City gives Contractor
notice that it intends to invoke the takeover provisions in this Agreement. Contractor shall not be prohibited
from disputing any such finding of major default through litigation, provided, however, that such litigation
shall not have the effect of delaying, in any way, the immediate takeover of operations by the City, nor shall
such dispute by Contractor delay the City's access to Contractor's equipment and inventory of supplies. Any
legal dispute concerning a finding of Class A default shall be initiated by Contractor only after the
emergency takeover has been completed, and shall not under any circumstances be allowed to delay the
process of takeover by the City. Contractor's' cooperation with, and full support of, such emergency takeover
process shall not be construed as acceptance by Contractor of the finding of major default, and shall not in
any way jeopardize Contractor's' right to recovery should a court later determine that the declaration of
major default was made in error.
c Unusual Circumstances. The provisions of this Section are specifically accepted and agreed to by
Contractor as reasonable and necessary in light of the unusual responsibilities for public health and
safety associated with this Agreement. Failure on the part of Contractor to cooperate fully with the City
to effect a safe and orderly takeover of operations shall itself constitute a Class A default under the terms
of the Agreement, even if it is later determined that the original declaration of Class A default was made
in error.
d Failure to Meet Response Time Standards. Notwithstanding any other provision of this Article VI,
failure to meet a specific response time standard may be treated as a Class A default only after
Contractor has failed to meet the Standard for three consecutive calendar months.
6.3 REMEDIES FOR CLASS B DEFAULTS.
a Declaration of Class B Defaults. A Class B default may be declared whenever the EMSAB has
reasonable grounds to believe that the Contractor has failed to materially perform its obligations under
the Agreement (other than Response Time Standards). The Contractor shall receive a "Written Notice of
Class B Default" explaining the facts and conclusions upon which the allegations of default are based.
b Request for Hearing for Class B Defaults. Requests for a hearing on declared Class B defaults shall be
filed with the Contract Administrator within ten (10) business days following notice of the EMSAB's
decision and shall state the grounds for the appeal. Upon the filing of a Request for Hearing, EMSAB
shall provide a notice of the hearing to the applicant.
c Penalties for Class B Defaults. Any penalty shall be determined by the EMSAB on a case by case basis,
not to exceed $250 per occurrence, provided that such maximum penalty shall double for the second, and
triple for the third or subsequent similar violation of the same contract obligation within any twelve (12)
month period.
d Penalties For Failure To Meet Response Time Standards. Financial Penalties for failure to meet
Response Time Standards are set forth in Article n.
EMS Contract
Page: 2(1 of28
ARTICLE VII
MISCELLANEOUS PROVISIONS
7.1 TERMINATION. On the date of termination of this Agreement, the City shall have an option to
purchase all or any portion of the Ambulances or other machinery and equipment being used by Contractor
to operate the EMS System on the date of termination. Such option shall be at a purchase price equal to the
fair market value of the Ambulances and equipment to be purchased. Fair market value shall be determined
by an appraiser experienced in appraising such Ambulances, machinery and equipment as may be agreed to
by Contractor and City. If Contractor and City cannot agree on an appraiser, each shall appoint an appraiser
and the average of their two appraisals shall be the fair market value. If one appraiser is used, the parties
shall each pay one-half of the fees and expenses of such appraiser and if two appraisers are used, each party
shall pay the fees and expenses of the appraiser it appointed. City may give contractor written notice of its
election to exercise this option at any time up to thirty (30) days prior to the date of termination. The City
may, after the fair market value of the property to be purchased is determined, elect to waive its exercise of
the option, 'in which event the City shall pay the fees and expenses of both appraisers if two appraisers are
used or the one appraiser if one is used. The property shall be transferred to the City free of all liens and
encumbrances on the effective date of the termination, at which time the purchase price shall be paid in cash.
If termination is because of Contractor's default, then the City shall have an option to purchase all or any
portion of the Ambulances or other machinery and equipment being used by Contractor to operate the EMS
System at the time that the notice of termination is delivered to the Contractor. Such option shall be at a
purchase price equal to the "stipulated value", which value shall be the straight-line depreciated value of the
machinery or equipment, based upon the original cost of the item, with depreciation beginning upon the item
was actually placed in service, and assuming the item shall be 90 percent depreciated by the end of its
stipulated period of the "safe useful life expectancy" as stated in the Contractor's Equipment Replacement
Policy. The value shall be calculated as of the date of takeover of operations by the City and shall be paid in
full within 120 days after notification to Contractor that the City has elected to exercise its option to purchase
such Ambulances or other machinery and equipment.
7.2 "LAME DUCK" PROVISIONS. Should Contractor fail to win the bid in a subsequent bid cycle, the
City shall obviously depend upon Contractor to continue provision of all services required under this
Agreement until the winning bidder takes over operations. Under these circumstances, Contractor would, for
a period of several months, serve as a "lame duck" contractor. To ensure continued performance fully
consistent with the requirement of this Agreement throughout any such "lame duck" period, the following
provisions shall apply:
a Throughout such "lame duck" period, Contractor shall continue all operations and support services at
substantially the same levels of effort and performance as were in effect prior to the award of the
subsequent contract to a competing bidder;
b Contractor shall make no changes in methods of operation which could reasonably be considered to be
aimed at cutting Contractor's service and operating costs to maximize profits during the final stages of
this Agreement;
c The City recognizes that, if a competing organization is awarded the contract in a subsequent bid cycle,
Contractor may reasonably begin to prepare for transition of service to the new contractor
EMS Contract Page: 21 0f 28
during the "lame duck" period, and the City shall not unreasonably withhold its approval of the outgoing
Contractor's requests to begin an orderly transition process, including reasonable plans to relocate staff,
scale down certain inventory items, etc., so long as such transition activities do not impair Contractor's
performance during the "lame duck" period, and so long as such transition activities are prior-approved
by Contract Administrator; and
d During the process of bid competition conducted by the City, the Contractor shall permit its non-
management personnel reasonable opportunity to discuss with competing organizations issues related to
employment with such organizations in the event the Contractor is not the successful bidder. The
Contractor may, however, require that its non-management personnel refrain from providing
information to a competing organization regarding the Contractor's current operations, and the
Contractor may also prohibit its management-level personnel from communicating with representatives
of competing organizations during the bid competition. However, once the City has made its decision
regarding a contract award, and in the event the Contractor is not the winner, the Contractor shall allow
free discussion between any City based employee and the winning bidder, without restriction, and
without adverse consequences to any City based employee.
7.3 INDEPENDENT CONTRACTOR. Contractor shall perform this Agreement as an independent
contractor and nothing herein contained shall be construed to be inconsistent with that relationship or status.
Nothing in this Agreement shall in any way be construed to appoint or constitute Contractor as the agent,
employee or representative of City. The manner and method of completing the work undertaken by
Contractor shall be determined in its sole discretion.
7.4 GOVERNING LAW. This Agreement shall be subject to and governed according to the laws of the
State of Georgia, irrespective of the fact that either party is or may become a resident of another state.
7.5 REMEDIES NOT WAIVED. Contractor agrees that the work specified shall be completed without
further compensation except as provided in this Agreement. The acceptance of work and the payment for it
shall not be held to prevent maintaining an action for failure to perform such work in accordance with the
Agreement. Payment shall not be a waiver by City of any claims for breach or default.
7.6 BINDING EFFECT. This Agreement shall be binding upon and shall inure to the benefit of the parties
hereto, their respective successors, assigns or other legal representatives.
7.7 ASSIGNMENT. No right or obligation hereunder may in any way whatsoever be assigned or delegated
to a third party without the express prior written consent of the other party hereto, such consent not to be
unreasonably withheld, and any attempted assignment without such consent shall be considered null and
void. However, Contractor may assign its obligations to provide Emergency Medical Services hereunder to a
wholly owned subsidiary of Contractor or to a parent or affiliate corporation or a wholly owned subsidiary
of the same; provided, however, that Contractor shall remain primarily liable after such assignment for all of
the obligations of Contractor hereunder, and provided further that Contractor shall not dispose of any interest
in such assignee without the prior written approval of the City. The City and Contractor each binds itself,
successors, assigns, and legal representatives of such party in respect to all covenants, agreements, and
obligations contained herein.
7.8 VENUE. All claims, disputes and other matters in question between the Contractor and the City arising
out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of
Richmond County, Georgia. The Contractor, by executing this Agreement, specifically consents to
EMS Contract Page. 22 of2f
jurisdiction and venue in Richmond County and waives any right to contest the jurisdiction and venue in the
Superior Court of Richmond County, Georgia.
7.9 SEVERABILITY. If any portion or portions of this Agreement shall be for any reason invalid or
unenforceable, the remaining portions) shall be valid and enforceable and carried into effect unless to do so
would clearly violate the present legal and valid intention of the parties hereto.
7.10 NOTICES. Any notice required or permitted to be given pursuant to any provisions of this
Agreement shall be given in writing, and either delivered in person, by electronic transmission, deposited
in the United States mail, postage pre-paid, registered or certified mail, return receipt requested, properly
addressed, or by a nationally recognized overnight courier service, to the following addresses:
Augusta, Georgia Gold Cross EMS, Inc.
Attention: Administrator Attention: Regional General Manager
801 Municipal Bldg. P.O. Box 14848
530 Greene Street Augusta, Georgia 309191
Augusta, Georgia 30911 Fax Number (706) 792-9250
Fax Number (706) 821-2819
7.12
7.13
7.14
7.15
The notification addresses listed above can be changed by either party with written notice to the other
ENTIRE AGREEMENT/OTHER AGREEMENTS. This Agreement constitutes the entire agreement and
understanding between the parties with respect to the subject matter hereof and supersedes any previous
agreement or understanding, whether oral or otherwise. No modification of this Agreement shall be valid unless
in writing and signed by each of the parties hereto. This Agreement shall not supercede or affect other agreements
between the City and Contractor for compensation to Contractor for services other than responding to 9-1-1 Calls,
except as specifically provided in such agreements.
MODIFICATIONS AND WAIVERS. Neither this Agreement nor any term hereof may be changed, waived,
discharged or terminated orally, but only by an instrument in writing signed by the party against whom the
enforcement of the change, waiver, discharge or termination is sought.
CAPTIONS. Captions to the Articles and Sections of this Agreement are for convenience of reference only and
in no way define, limit, describe or affect the scope or intent of any part of this Agreement.
LIMITATION ON LIABILITY. Under no circumstance shall Contractor be liable to City for any special,
incidental, consequential, indirect or exemplary losses or damages pertaining in any way to the provision of
services under this Agreement.
FORCE MAJEURE. Neither party shall be responsible for any loss or damage resulting from any delay or
failure in performing any provision of this Agreement if the delay or failure resulted from:
a Compliance with any law, rule, ruling, order, regulation, requirement or instruction of any government or any
department or agency thereof,
b Acts of God; and
EMS Contract Page: 23 of 28
c Third party acts which interfere with Contractor's ability to perform hereunder.
Any delay resulting from any of such causes shall extend performance accordingly or excuse performance in
whole or in part, as may be necessary.
7 .16 COUNTERPARTS. This Agreement may be executed in several counterparts, each of which shall be an
original, but all of which shall constitute one and the same instrument.
7.17 EXECUTION BY FACSIMILE, DELIVERY OF ORIGINAL SIGNED AGREEMENT. This Agreement
may be executed by facsimile, in counterparts. Each party to this Agreement agrees to deliver two original,
inked and signed Agreements within two days of faxing the executed last page hereof.
7.18 NO ESTIMATED BUSINESS VOLUME. City makes no representations concerning the number of
emergency and non-emergency calls or transports, quantities or length of long distance transfer service, or
frequency of special event coverage, which will be associated with this Agreement.
7.19 INDEMNIFICATION BY CITY. To the extent allowable by law, City hereby agrees to defend, indemnify
and hold harmless Contractor and its officers, employees, and agents, from and against any and all losses
(including death), third party claims, damages, liabilities, costs and expenses (including but not limited to all
actions, proceedings or investigations in respect thereof and any costs of judgments, settlements, court costs,
attorney's fees or expenses, regardless of the outcome of any such action, proceeding, or investigation),
caused by, relating to, based upon, or arising out of any act or omission by City, its Commissioners, officers,
employees, contractors, subcontractors, assigns or agents, or otherwise in connection with the City's
acceptance, performance, or nonperformance of its obligations under this Agreement. Nothing contained in
this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's
qualified good faith immunity.
7.20 INDEMNIFICATION BY CONTRACTOR. To the extent allowable by law, Contractor hereby agrees
to defend, indemnify and hold harmless City, its Commissioners, officers, employees, and agents, from and
against any and all losses (including death), third party claims, damages, liabilities, costs and expenses
(including but not limited to all actions, proceedings or investigations in respect thereof and any costs of
judgments, settlements, court costs, attorney's fees or expenses, regardless of the outcome of any such action,
proceeding, or investigation), caused by, relating to, based upon or arising out of any act or omission by
Contractor, its directors, officers, employees, subcontractors, successors, assigns or agents of Contractor, or
otherwise in connection with Contractor's acceptance, or the performance or nonperformance, of its
obligations under this Agreement and Contractor's operation of the EMS System.
7.21 INDEMNIFICATION OF CONTRACTOR. In the event of an emergency takeover, to the extent
allowable by law, the City shall indemnify, hold harmless, and defend Contractor against any and all claims
arising out of the City's use, care, custody, and control of the vehicles, equipment and stations and negligent
use of the vehicles and equipment. Subject to the foregoing, the City shall have the right to authorize the use
of the vehicles and equipment by another company. Should City require a substitute provider to obtain
insurance on the vehicles and equipment, or should the City choose to obtain insurance on the vehicles and
equipment, Contractor shall be a "Named Additional Insured" on the policy, along with appropriate
endorsements and cancellation notice rights.
EMS Contract Pag:::: 24 of 28
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed under seal by their authorized
representatives on the day and year first above written.
Attest: __________________
As its Secretary
[CORPORATE SEAL]
EMS Contract
AUGUSTA, GEORGIA
By: _____________________ ~ As its Mayor
CONTRACTOR:
By: ______________________
As its President
Page: 25 of28
EMS Contract Page: 26 of 28
Exhibit "B"
CONTRACTORS KEY PERSONNEL
1. General Manager
2. Quality Assurance Officer
3. E.M.S. Medical Director
4. Field Supervisors
EMS Contract Page: 27 of2S
Exhibit "c"
PATIENT TRANSPORT CHARGES
AMBULANCE:
ALS BASE RATE $545.00
BLS BASE RATE $332.00
MILEAGE: RATE $9.00 PER MILE
Gold Cross EMS rates are ALL INCLUSIVE. The only variation to this ALL INCLUSIVE format is the
requirement by MEDICAID to charge for oxygen at their prescribed rate of $39.00. Of course, ANY
MEDICAID payment is at their allowable rate not what is charged by a provider.
STRETCHER VAN:
MILEAGE
RATE
$165.00 (ONE WAY)
$5.00 PER MILE
BASE
RATE
WHEELCHAIR V
AN:
BASE
RATE
$44.00 (ONE WAY)
MILEAGE
RATE
$5.00 PER MILE
EMS Contract Page: 28 of 2R
Commission Meeting Agenda
6/29/2006 2:00 PM
Cisco 6500 Network Switch Redundancy/Upgrade
Department:Information Technology
Caption:Approve the purchase of a new network switch and an
upgrade to our current Cisco 6509 core switch.
Background:In 1999, Information Technology purchased one Cisco 6509
network switch to support the core of the network and Voice
over Internet Protocol (VoIP) telephone system. New
network connections require higher throughput and
additional space for equipment installations.
Analysis:Over the past six years, the City’s infrastructure needs have
grown as we have transitioned to more Windows servers and
the widespread deployment of VoIP. The object of this
purchase is twofold. One: Purchase a redundant Cisco 6500
switch to ensure maximum uptime for all of the City’s
network communications and VoIP telephone system and
Two: Purchase an upgrade for the City’s current Cisco 6500
switch that has been placed in the End of Life (EOL) by
Cisco. Bellsouth was selected as the vendor of choice
through the Request for Proposal (RFP) process. Bellsouth
was the only responder to RFP # 05-137.
Financial Impact:The funds are available in the approved 2006 Capital Budget.
The total cost for this project is $230,599.03 with the first
year of hardware maintenance included in this purchase
under state contract # S 000546-043.
Alternatives:N/A
Recommendation:Approve the purchase of a new network switch and an
upgrade to our current Cisco 6509 core switch.
Funds are
Available in the
Following
Accounts:
272015410-5424510
REVIEWED AND APPROVED BY:
Finance.
Administrator.
Clerk of Commission
Commission Meeting Agenda
6/29/2006 2:00 PM
Replacement of Obsolete Computer Equipment
Department:Tameka Allen, Information Technology
Caption:Approve the replacement of obsolete computer equipment
(laptops, computers, servers, printers) and purchase of any
required computer software upgrades.
Background:In an effort to provide the employees of Augusta Richmond
County with current technology, the Information Technology
Department (IT) schedules replacement of EOL (end of life)
devices that, due to their age and capabilities, are not
compatible with current standards and are unable to support
the current software requirements. Information Technology
has developed an IT Technology Replacement plan that
replaces obsolete computers every 4 years and printers every
5 - 6 years, the normal life expectancy for the equipment.
The replacement of desktops will consist of all computers
that are not capable of operating the current software needs
and the scheduled printers, laptops and servers. Information
Technology is also continuing with the standardization of the
current operating system and Microsoft Office products
throughout the organization. Therefore, required computer
software upgrades may need to be purchased for the
computers that are not scheduled to be replaced. The
replaced equipment will be sold in the employee lottery
and/or sold in the County auction.
Analysis:Currently there are estimated 1400 computers deployed by
the city. The life expectancy of a computer is three years. In
some cases, these computers, servers and printers are
incapable of processing the software required by today’s
business environment. We have determined that the Hewlett
Packard printer models over 5 years old are not capable of
printing documents of acceptable quality. There are also
laptops in inventory that are over 5 years old and will not run
current software packages. These items will be purchased
from state contract. ( WSCA #A63309/90-00151)
Financial Impact:The total estimated cost is $400,000. Funds for these
replacements are included in the Information Technology
2006 Capital Budget.
Alternatives:Leave existing devices in place. However, this will increase
the cost of replacements in future budgets and will affect
other technology related implementations.
Recommendation:Approve the replacement of obsolete computer equipment
(laptops, computers, servers, printers) and purchase of any
required computer software upgrades.
Funds are
Available in the
Following
Accounts:
272015410-5316220(Desktops) 272015410-5316230
(Laptops) 272015410-5316260(Printers) 272015410-
5424210(Servers)
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Disadvantaged Business Enterprise.
Administrator.
Clerk of Commission
Disadvantaged Business Enterprise
Yvonne Gentry
DBE Coordinator
Disadvantaged Business Enterprise Department
501 Greene Street – Suite 304 - Augusta, GA 30901
(706) 821-4206 – Fax (706) 821-4228
WWW.AUGUSTAGA.GOV
TO: Geri Sams
Director, Procurement Department
Tameka Allen
Director, Information Technology Department
FROM: Yvonne Gentry, Coordinator
Disadvantaged Business Enterprise Department
SUBJECT: DBE REVIEW AND APPROVAL OF RECOMMENDED DBE GOALDBE REVIEW AND APPROVAL OF RECOMMENDED DBE GOALDBE REVIEW AND APPROVAL OF RECOMMENDED DBE GOALDBE REVIEW AND APPROVAL OF RECOMMENDED DBE GOAL
RRRReplacement of Obsolete Computer Equipmenteplacement of Obsolete Computer Equipmenteplacement of Obsolete Computer Equipmenteplacement of Obsolete Computer Equipment
DATE: June 21, 2006
This memo is to transmit the review and concurrence of the recommended DBE Utilization goal
of zero (0%)for the above referenced project. The procurement opportunities are direct
purchases from the State of Georgia approved contracts with no sub-contracting or second tier
opportunities. The goal-setting methodology considered the following factors based on good
faith efforts of the contractor:
• The project’s total estimated cost is $$$$400,000400,000400,000400,000.
• There is 0% value of the scope of work where minoriminoriminoriminority/ty/ty/ty/women businesses women businesses women businesses women businesses
availability exists.
• There is 0% value of the scope of work where smallsmallsmallsmall businesses businesses businesses businesses availability exists.
• There is 0% value of the scope where local businesses local businesses local businesses local businesses availability exists.
The contractor must prepare their proposed DBE Utilization Form submittal based on the total
dollar value of their base bid. No further adjustments should be made.
The above recommendation is based on information provided at the time of review. If you have
any questions, please feel free to contact me at (706) 821-2406.
YG:glw
Commission Meeting Agenda
6/29/2006 2:00 PM
Pension Property
Department:
Caption:Approve sale of pension property proposal from Mr. Harry
Kitchen, Jr. of the Foxfield Company through the Downtown
Development Authority for development of condominium
project known as The Watermark on The Augusta Riverwalk.
(Recommended from the June 19, 2006 Finance Committee
Work Session)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Commission Meeting Agenda
6/29/2006 2:00 PM
Stephen Steinberg
Department:Clerk of Commission
Caption:Consider a request from Stephen H. Steinberg regarding
relief from 2001 taxes for the property at 1367 Gordon
Highway. (Map/Parcel No. 073-0-039-01-0) (Referred from
May 16, 2006 Commission meeting)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Commission Meeting Agenda
6/29/2006 2:00 PM
Award construction contract for Augusta Utilities Department bond project 50200 Fairington
Sanitary Sewer Extension project
Department:Augusta Utilities Department
Caption:Approve award of construction in the amount of
$6,840,270.22 to Blair Construction Co. for the Fairington
Sanitary Sewer Extension project. Bid item # 06-133.
Background:The Fairington sanitary sewer project location is in the
vicinity of Tobacco Rd. and Windsor Spring Rd. The project
will provide approx. 700 customers with city sewage service.
The project entails 34,000 linear feet of sanitary sewer line
that will service the subdivision with approximately 185
manholes and 700 services. The main will be constructed
throughout the subdivision.
Analysis:Blair Construction Co. submitted an acceptable bid package
and was the lowest bidder who was qualified. The staff of the
utilities department met with the design engineering firm,
Southern Partners, Inc. for the bid tabulations and it was
recommended that the award go to Blair Construction Co.
Financial Impact:The bid submitted for this project was $6,840,270.22. These
funds are available from the following accounts: $720,000
from fund 509043420-5425210/80150200-5425210
$2,320,271 from fund 510043420-5425210/80150200-
5425210 $3,800,000 from fund 511043420-
5425210/80150200-5425210
Alternatives:1. Reject all bids, which would delay the project and the
construction of the sewer system. 2. Award the contract to
Blair Construction Co.
Recommendation:It is recommended to award the contract to Blair
Construction Co. in the amount of $6,840,270.22
Funds are
Available in the
Following
Accounts:
509043420-5425210/80150200-5425210, 511043420-
5425210/80150200-5425210, 510043420-
5425210/80150200-5425210,
REVIEWED AND APPROVED BY:
Clerk of Commission
Disadvantaged Business Enterprise
Yvonne Gentry
DBE Coordinator
Disadvantaged Business Enterprise Department
501 Greene Street – Suite 304 - Augusta, GA 30901
(706) 821-4206 – Fax (706) 821-4228
WWW.AUGUSTAGA.GOV
TO: Geri Sams
Director, Procurement Department
Max Hicks
Director, Utilities Department
FROM: Yvonne Gentry, Coordinator
Disadvantaged Business Enterprise Department
SUBJECT: DBE REVIEW AND APPROVAL OF RECOMMENDED DBE GOALDBE REVIEW AND APPROVAL OF RECOMMENDED DBE GOALDBE REVIEW AND APPROVAL OF RECOMMENDED DBE GOALDBE REVIEW AND APPROVAL OF RECOMMENDED DBE GOAL
Bid Item #06Bid Item #06Bid Item #06Bid Item #06----133 133 133 133 –––– Fairington Subdivision Sanitary Sewer Extension Fairington Subdivision Sanitary Sewer Extension Fairington Subdivision Sanitary Sewer Extension Fairington Subdivision Sanitary Sewer Extension
DATE: June 8, 2006
This memo is to transmit the review and concurrence of the recommended DBE
Utilization goal of five (5%) for the above referenced project. The goal-setting
methodology considered the following factors based on good faith efforts of the
contractor:
• The project’s total estimated cost is $$$$6,840,270.226,840,270.226,840,270.226,840,270.22.
• There is 5% value of the scope of work where minority/women minority/women minority/women minority/women
businesses businesses businesses businesses availability exists.
• There is 0% value of the scope of work where small businesses small businesses small businesses small businesses
availability exists.
• There is 95% value of the scope where local businesses local businesses local businesses local businesses availability
exists.
The contractor must prepare their proposed DBE Utilization Form submittal based on
the total dollar value of their base bid. No further adjustments should be made.
The above recommendation is based on information provided at the time of review.
If you have any questions, please feel free to contact me at (706) 821-2406.
YG:glw
Vendor Total
Addendum 1 & 2 10% bid bond
Mabus Brothers Construction, 920
Molley Pond Rd., Augusta, GA
30901 7,871,270.06$ X X
Moorhead Construction, Inc., 1513
Anderson St., Beffons, S.C. 29627
Blair Construction, 4308 Evans to
Lock Rd., Evans, GA 30809 $ 6,840,270.22 X X
Eagle Utility, 1350 Branch Rd.,
Bishop, GA 30621
McClam @ Associates, Inc., 1642
Holy Trinity Church, Little Mountain
S.C. 29075
Bid Item #06-133
Fairington Subdivision Sanitary Sewer Extension
Augusta Utilities Department
Bid Due: Tuesday, May 23, 2006 @ 3:00 p.m.
Invitation To Bid
Bids will be received at this office until 3:00 p.m., Tuesday, May 23, 2006
Bid Item #06-133 Fairington Subdivision Sanitary Sewer Extension for Augusta Utilities
Bid’s will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of:
Geri A. Sams
Procurement Department
530 Greene Street - Room 605
Augusta, Georgia 30911
706-821-2422
Bid documents may be examined at the office of the Augusta, GA Procurement Department, 530 Greene Street – Room 605, Augusta,
GA 30911. Plans and specifications for the project can be made available upon request to Augusta Blue Print. The fees for the plans
and specifications which are non-refundable is $125.00
Documents may also be examined during regular business hours at the Augusta Builders Exchange, 1262 Merry Street, Augusta, GA
30904; F. W. Dodge Plan Room, 1281 Broad Street, Augusta, GA 30904. It is the wish of the Owner that all businesses are given the
opportunity to submit on this project. To facilitate this policy, the Owner is providing the opportunity to view plans online
(www.augustablue.com) at no charge through Augusta Blueprint (706-722-6488) beginning Thursday, April 6, 2006. Bidders are
cautioned that submitting a package without review or Procurement of a complete set are likely to overlook issues of construction
phasing, delivery of goods or services, or coordination with other work that is material to the successful completion of the project.
Bidders are cautioned that sequestration of documents through any other source is not advisable. Acquisition of documents from
unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his
qualifications.
A Mandatory pre bid conference will be held on Tuesday, May 2, 2006 from 11:00 a.m. in the conference room of the
Procurement Department. All questions must be submitted in writing to the office of the Procurement Department by fax at
706-821-2811 or by mail. The last day to submit questions is Friday, May 5, 2006 by 4:00 p.m. No bid will be accepted by fax,
all must be received by mail or hand delivered.
It is the wish of the Owner that minority businesses are given the opportunity to submit on the various parts of the work. This desire
on the part of the Owner is not intended to restrict or limit competitive bidding or to increase the cost of the work. The Owner
supports a healthy free market system that seeks to include responsible businesses and provide ample opportunity for business growth
and development.
No bid may be withdrawn for a period of 60 days after time has been called on the date of opening. A 10% Bid bond is required to
be submitted in a separate envelope so marked along with the bidder’s qualifications; a 100% performance bond and a 100%
payment bond will be required for award.
Bidders will please note that the number of copies requested; all supporting documents including financial statements and references
and such other attachments that may be required by the bid are material conditions of the package. Any bid package found incomplete
or submitted late shall be rejected by the Procurement Office. Any bidder allegedly contending that he/she has been improperly
disqualified from bidding due to an incomplete bid submission shall have the right to appeal to the appropriate committee of the
Augusta Commission. Please mark bid number on the outside of the envelope.
Bidders are cautioned that sequestration of bid documents through any source other than the office of the Procurement Department is
not advisable. Acquisition of bid documents from unauthorized sources places the bidder at the risk of receiving incomplete or
inaccurate information upon which to base his qualifications.
Augusta has a Link Deposit program designed to provide loans to eligible local Small, Minority and Women Owned Businesses. For
more information about this program contact the Office of the Disadvantage Business Enterprise at 706-821-2406
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle April 6, 13, 20, 27, 2006
Augusta Focus April 13, 2006
cc: Tameka Allen Interim Deputy Administrator
Yvonne Gentry DBE Coordinator
Max Hicks Director Augusta Utilities
Wes Byne Augusta Utilities
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Member Name City of Augusta, GA
Bid Number ITB-06-133-0-2006/PJM
Bid Name Fairington Subdivision Sanitary Sewer Extension
Supplier Name City State Phone Fax
Arc Surveying & Mapping, Inc. Jacksonville FL 9043848377 9043848388
Construction Journal, Ltd. Stuart FL 8007855165 8005817204
McGraw-Hill Construction Dodge Fort Myers FL 2399392525 2399392331
Reed Construction Data Norcross GA 8009018687 8775633534
The Augusta Builders' Exchange Augusta GA 7067363553 7067363509
Western Oilfields Supply Company d/b/a Rain for
Rent Bakersfield CA 6613999124 6613931542
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Commission Meeting Agenda
6/29/2006 2:00 PM
Boys & Girls Club
Department:
Caption:Consider request from Boys & Girls Clubs for Augusta, GA.
to serve as fiscal agent for a Georgia Children and Youth
Coordinating Council Title V grant.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Commission Meeting Agenda
6/29/2006 2:00 PM
Minutes
Department:
Caption:Motion to approve the minutes of the regular meeting of the
Commission held June 20, 2006.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Commission Meeting Agenda
6/29/2006 2:00 PM
Appointment District One
Department:
Caption:Motion to approve the appointment of Oregon H. Gibson to
the Public Facilities Board representing DIstrict 1.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Commission Meeting Agenda
6/29/2006 2:00 PM
Demolition of Buildings on Judicial Center Sites
Department:County Attorney - Stephen E. Shepard, Attorney
Caption:Approve the demolition of buildings on Judicial Center Sites.
Background:Invitation to bid on demolition of Buildings on Judicial
Center Sites: Walton Way & 9th; 923 Walton Way; Walker
Street; 946 Fenwick Street; and 916 Fenwick Street. Reliable
Demolition and Construction, Inc. was lowest bidder through
application process with the Procurement Department.
Analysis:See Background.
Financial Impact:$125,060.00 will be charged to the SPLOST IV fund.
Alternatives:Deny
Recommendation:Approve
Funds are
Available in the
Following
Accounts:
SPLOST IV
REVIEWED AND APPROVED BY:
Administrator.
Clerk of Commission
Commission Meeting Agenda
6/29/2006 2:00 PM
Real Estate
Department:
Caption:Discussr/approve purchase of Greene Street properties.
(Requested by Commissioner Don Grantham)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Commission Meeting Agenda
6/29/2006 2:00 PM
Affidavit of Compliance
Department:Clerk of Commission
Caption:Motion to approve authorization for the Mayor to execute
affidavit of compliance with Georgia's Open Meeting Act.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission