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Home My WebLink About2007-01-16-Meeting Agenda Commission Meeting Agenda Commission Chamber 1/16/2007 2:00 PM INVOCATION: Reverend Sheryl Sinch, Pastor Christ Church Unity PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. RECOGNITION(S) Employee of the Month Award A. Lt. Jack Womack, III, Augusta Fire Department, December 2006 Employee of the Month. Attachments Employee of the Year B. Employee of the Year Award. Attachments Partnership for Working Toward Inclusive Communities C. Mr. David Oliver Doswell II, Staff Writer Metro Spirit and the Metro Spirit, December 19, 2006 article "Christmas in Bethlehem". (Requested by Mayor Pro Tem Betty Beard) Attachments RETIREMENTS D. Lt. John Baxter, Augusta Fire Department 37 years of services. Attachments CONSENT AGENDA (Items 1-51) PLANNING 1. Z-07-11 – A request for concurrence with the Augusta-Richmond County Planning Commission to APPROVE with the condition that if the sale is not completed in one year the zoning shall revert to the current LI (Light Industry) zone; a petition by Meybohm Commercial Properties, on behalf of Fort Gordon Land Partners, requesting a change of zoning from Zone LI (Light Industry) to Zone B-2 (General Business) affecting property containing approximately 45 acres located where the southwest right-of-way line of Bobby Jones Expressway intersects the northwest right-of- way line of Gordon Highway. (Tax Map 068 Parcels 010, 010-03 & 126) DISTRICT 5 Attachments 2. Z-07-12 – A request for concurrence with the Augusta-Richmond County Planning Commission to APPROVE a petition by Brandon Scarboro, on behalf of Bobby J. Scarboro Jr., requesting a change of zoning from Zone R-1A (One-family Residential) to Zone R-3B (Multiple-family Residential) affecting property containing approximately 2 acres and known under the present numbering system as 1009 Alexander Drive. (Tax Map 008-3 Parcel 059) DISTRICT 7 Attachments 3. FINAL PLAT – THE LAKES AT RAES CREEK (FKA THE ENCLAVES AT RAES CREEK) – S-696-B-II – A request for concurrence with the Augusta-Richmond County Planning Commission to APPROVE a petition by Southern Partners Inc., on behalf of Richmond Development Partners LLC, requesting final plat approval for The Lakes at Raes Creek. This residential subdivision is located off Amli Way and contains 36 lots. 1-3-07) Attachments 4. Z-07-01 – A request for concurrence with the Augusta-Richmond County Planning Commission to APPROVE with the conditions listed below a petition by Forum Development Group, on behalf of James F. Mills et al, requesting a change of zoning from Zone R-1 (One-family Residential) to Zone B-1 (Neighborhood Business) with a Special Exception to establish a group of retail buildings which would exceed 15,000 square feet of area per Section 21-2 (a) of the Comprehensive Zoning Ordinance for Augusta- Richmond County affecting property containing approximately 2 Attachments acres located on the east right-of-way line of Walton Way Extension, 750 feet, more or less, south of Pleasant Home Road. (Tax Map 016 Parcels 050, 052-04, 052-03) DISTRICT 7 1. There shall be no development or other encroachment in the 100 year floodplain except for connections to sewer lines if necessary; 2. The only access to the property shall be a new intersection on Walton Way Extension in the vicinity of Hebron Court to be paid for by the developer of the subject property. This intersection shall also provide access to the apartment complex across Walton Way Extension. The intersection shall be signalized and the cost of equipment and installation shall be borne by the developer of the subject property. If the new signalized intersection is determined not to conform to the AASHTO standards, then the new zoning classification shall revert back to the previous classification. 3. There shall be no access to Walton Way Extension except at the new signalized intersection. An additional right in, right out access point that serves the entire development may also be permitted. If out parcels fronting on Walton Way Extension are created there shall be no access easements placed on plats and deed of such parcels. 4. Illumination at the rear of the complex is a potential impact that can be mitigated by the following: ? A fence, wall or solid vegetative screen shall be located along the entire floodplain at least six (6) feet above the elevation of any retaining wall or fill at that location. ? For building walls facing the floodplain on the creek side of the property, all building wall lights shall be directed down the building, not outward; ? In the rear parking area there shall be full cutoff lighting that does not shine into the floodplain. 5. That the only development of this property other than development allowed in the R-1 and R-1A zones shall be an upscale shopping center consistent with the concept plan in the file. If site plans for such development are not presented within two years of approval of the rezoning then the zoning of this property reverts to R-1A. If development of the property does not begin within three years of approval of the rezoning, then the zoning classification reverts to R-1A. 6. That the Storm water system shall be built to detain a 100 year storm and release it at no more than 90% of the predevelopment rate. 5. Z-07-02 – A request for concurrence with the Augusta-Richmond County Planning Commission to APPROVE a petition by Samoan Christian Fellowship, on behalf of Dallas Blume, requesting a Special Exception to establish a church per Section 26-1 (a) of the Attachments Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing 6.60 acres and known under the present numbering system as 3856 & 3868 Karleen Road (Tax Map 139-4 Parcels 004 & 005) DISTRICT 8 6. Z-07-03 – A request for concurrence with the Augusta-Richmond County Planning Commission to APPROVE a petition by Michael Griffin requesting a Special Exception to utilize a structure for residential purposes in a P-1 (Professional) Zone per Section 20-2 (b) of the Comprehensive Zoning Ordinance for Augusta- Richmond County affecting property containing .19 acres and known under the present numbering system as 412 Greene Street. (Tax Map 047-2 Parcel 302) DISTRICT 1 Attachments 7. Z-07-04 – A request for concurrence with the Augusta-Richmond County Planning Commission to APPROVE a petition by Bernard Johnson, on behalf of Bernard Johnson and Laney Walker Memorial Park Inc., requesting a Special Exception expanding an existing cemetery and bringing the entire cemetery into zoning conformance per Section 26-1 (m) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing a total of approximately 11.39 acres and known under the present numbering system as 620 Laney-Walker Boulevard Extension (aka 611 Laney-Walker Boulevard Extension). (Tax Map 061 Parcels 015 & 015-05) DISTRICT 1 Attachments 8. Z-07-05 – A request for concurrence with the Augusta-Richmond County Planning Commission to APPROVE a petition by Keystone Homes requesting a Special Exception to establish a sales office in a model home in Riverstone Subdivision per Section 8-1 (f) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing .42 acres and is known under the present numbering system as 3201 Riverstone Drive. (Tax Map 004 Parcel number not yet assigned by Tax Office) DISTRICT 7 Attachments 9. Z-07-06 – A request for concurrence with the Augusta-Richmond County Planning Commission to APPROVE a petition by Attachments Southern ERA Ministries, on behalf of Elaine Williams and Pete Coleman, requesting a Special Exception to bring an existing church into zoning conformance per Section 26-1 (A) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing approximately .75 acres and is known under the present numbering system as 3564-A Jack Kelly Road. (Tax Map 144 Parcel 030 & 031-01) DISTRICT 8 10. Z-07-09 – A request for concurrence with the Augusta-Richmond County Planning Commission to APPROVE with the conditions listed below a petition by Don Mathis, on behalf of Edwin and Margaret Lavendar, requesting a change of zoning from Zone A (Agriculture) to Zone B-2 (General Business) affecting property containing approximately 26 acres and is known under the present numbering system as 4267 Deans Bridge Road. (Tax Map 162 Parcel 25 and Tax Map 163 Parcels 007, 008, 009, 025, & 025-01) DISTRICT 8: 1) that no recreation vehicle be in excess of 10 years old and 2) that a three month maximum time limit per stay be enforced 3) that the property owner will file with the deed to the subject property a disclosure containing the following language: The owner of the property, and his successors, in exchange for the benefits derived from the subject rezoning acknowledge that the property is situated in an area that may be subjected to conditions resulting from military training and forest management at Fort Gordon. The activities ordinarily and necessarily produce noise, dust, smoke and other conditions that may conflict with the Owners’ use of said property. Owner hereby waives all common law rights to object to normal and necessary military training activities and forest management activities legally conducted on adjacent Fort Gordon and hereby acknowledge the existence of Fort Gordon’s activities. Nothing in this disclosure shall grant a right to Fort Gordon for ingress or egress upon or across the described property, and nothing in this disclosure shall prohibit or otherwise restrict the Owners from enforcing or seeking enforcement of statutes and regulations of government agencies for activities conducted on adjacent properties. Attachments 11. Z-07-10 – A request for concurrence with the Augusta-Richmond County Planning Commission to APPROVE with the condition that the only use of the property be limited to those uses permitted Attachments in a B-1 zone and a furniture restoration business staffed by handicapped individuals; a petition by Coldwell Banker Commercial Sherman & Hemstreet, on behalf of Usher Paint and Supply Co. Inc., requesting a change of zoning from Zone B-1 (Neighborhood Business) to Zone B-2 (General Business) affecting property containing .29 acres and is known under the present numbering system as 1704 Jenkins Street. (Tax Map 035-4 Parcel 488) DISTRICT 1 12. Z-06-120 – A request for concurrence with the Augusta-Richmond County Planning Commission to APPROVE with the conditions listed below a petition by M. Vernon Smith, on behalf of Crowell & Company, Inc., requesting a change of zoning from Zone A (Agriculture) and Zone R-1B (One-family Residential) and Zone R-1C (One-family Residential) to Zone LI (Light Industry) affecting property that contains 8.98 acres and is located on the west side of Barton Chapel Road, 125 feet south of the southwest corner of Eidson Drive and Barton Chapel Road. (Part of Tax Map 053-2 Parcel 113) DISTRICT 3 1. 20 foot buffer on all sides of the property 2. Signage limited to what would be permitted in the B-1 (Neighborhood Business) zone 3. The only uses of the property shall be the following: • Any use permitted in the R-1C (One- family Residential) zone • Mini warehouses, 22-1 (b)-(9) • Business park, 22-1 (b) (11) • Wholesale, storage and warehouse facilities, 23-1 (b)(1) • Lumber, feed and other similar storage yards, but not salvage yards, coal yards, or junk yards, 23-1 (b) (2) • Uses of a light industrial nature ….., 23-1 (b) (3) • Storage of construction equipment and other heavy equipment and trucks in excess of one ton capacity and having three or more axles, 23-1 (b) (5) 4. Substantial conformance to a preliminary site plan with purchaser having the option to change the driveway to realign with Sharon Road. 5. Purchaser agrees to provide circular driveway for egress/ingress at 1715 Barton Chapel Road as long as property remains residential. 6. Purchaser will develop property whereas any existing water runoff will be corrected. Site plan approval will address water run off concerns of adjacent property owners. 7. Dirt berm will be installed with agreeable planting by all parties. 8. Purchaser will adamantly pursue the BEST mosquito control for the area. Attachments PUBLIC SERVICES 13. Motion to deny a New Application: A. N. 07 - 01: request by Back Hap Ja Son for a retail package Beer & Wine license to be used in connection with Corner Mini Mart located at 635 Laney Walker Blvd. District 1. Super District 9. (Approved by Public Services Committee January 9, 2007) Attachments 14. Motion to approve new application: A. N. 07 - 02: request by Linda K Evangelista for an on premise consumption Beer & Wine license to be used in connection with Cock N Dawg Bar & Grill located at 129 9th St. There will be Sunday Sales. District 1. Super District 9. (Approved by Public Services Committee January 9, 2007) Attachments 15. Motion to approve New Ownership Application: A. N. 07 - 03: request by Haren Parikh for a retail package Beer & Wine license to be used in connection with Ankur Parikh Investments, Inc. located at 232 Sand Bar Ferry Rd. District 1. Super District 9. (Approved by Public Services Committee January 9, 2007) Attachments 16. Motion to approve an amendment to the grant contract with CSRA-RDC for recreation and wellness services to senior adults, adding $6000.00 to the grant total, and to approve a budget amendment related to this additional funding. (Approved by Public Services Committee January 9, 2007) Attachments 17. Motion to approve a a request from the Heritage Academy regarding a waiver of the fees for the permits for the renovation work at the Houghton School located at 333 Greene Street. (Approved by Public Services Committee January 9, 2007) Attachments 18. Motion to approve Purchase of Software, Services, and Equipment for the implementation of Code Enforcement, Excise Tax, Business License, and Building Permit Management software. (Approved by Public Sevices and Public Safety Committees January 9, 2007) Attachments 19. Motion to approve a request by Richard Cutler for a Therapeutic Massage Operators license to be used in connection with The Club At Raes Creek located at 3206 W Wimbledon Dr. District 3. Super District 10. (Approved by Public Services Committee January 9, 2007) Attachments 20. Motion to approve a request by Rhiannon Hubbard-Graham for a Therapeutic Massage license to be used in connection with Rhiannon Hubbard-Graham at The Club At Raes Creek located at 3206 W Wimbledon Dr. District 3. Super District 10. (Approved by Public Services Committee January 9, 2007 Attachments 21. Motion to approve the issuance of an RFP or RFQ for the operation of the Newman Tennis Center. (Approved by Public Services Committee January 9, 2007) Attachments 22. Motion to approve, in resolution form, support of the Transit System Flexibility Protection Act Of 2006. (Approved by Public Services Committee January 9, 2007) Attachments ADMINISTRATIVE SERVICES 23. Motion to rescind designation of the Olde Town Neighborhood as a Local Historic District. (Approved by Administrative Services Committee January 8, 2007) Attachments 24. Motion to approve retirement of Mr. Charles R. Teasley under the 1949 Pension Plan. (Approved by Administrative Services Committee January 8, 2007) Attachments 25. Motion to approve retirement of Mr. John W. Baxley under the 1949 Pension Plan. (Approved by Administrative Services Committee January 8, 2007) Attachments FINANCE 26. Motion to approve the abatement of taxes on Map and Parcel No: 040-0-075-00-0. (Approved by Finance Committee January 9, 2007) Attachments 27. Motion to approve a request from Alpha Phi Alpha Fraternity, Inc. regarding city sponsorship through the purchase of tickets for the 10th Annual Unity Breakfast. (Approved by Finance Committee January 9, 2007) Attachments 28. Motion to approve a request from the Augusta BioBusiness Center for funding in the amount of $90,000 for the Life Sciences Incubator Infrastructure Project subject to the Administrator identifying a funding source. (Approved by Finance Committee January 9, 2007) Attachments 29. Motion to approve accepting the Preserve America Grant in the amount of $100,000 ($50,000 in matching federal funds, $25,000 in in-kind contributions, and $25,000 in cash donations) for the Wayfinding Plan, to be administered by the Augusta Convention & Visitors Bureau; Approve amendment to the Augusta Convention & Visitors Bureau professional services contract to reflect a name change and modify the Tourism Grant Program and to keep under review with the CVB making periodic reports. (Approved by Finance Committee January 9, 2007) Attachments 30. Motion to approve a request from the Augusta Mini Theatre, Inc. regarding a waiver of property tax on its land at 2546 Deans Bridge Road. (Approved by Finance Committee January 9, 2007) Attachments 31. Motion to approve property insurance coverage for 2007 offered through AFFILLIATED FM Insurance for a premium of $227,906 on a $50,000 deductible policy. (Approved by Finance Committee Attachments January 9, 2007) 32. Motion to authorize Historic Augusta, Inc. to prepare and submit a 2007 Historic Preservation Fund Grant application on behalf of the city of Augusta in order to produce a series of walking tour brochures for Downtown Augusta. (Approved by Finance Committee January 9, 2007) Attachments 33. Motion to approve refund recommendations from the Board of Assessors for 9 accounts. (Approved by Finance Committee January 9, 2007) Attachments 34. Motion to approve a request from the Lucy Craft Laney Museum of Black History regarding city sponsorship through the purchase of tickets for the Lucy Craft Laney Heritage Gala. (Approved by Finance Committee January 9, 2007) Attachments 35. Motion to approve a request from Paine College regarding city sponsorship through the purchase of tickets for the Masked Ball 2007. (Approved by Finance Committee Janaury 9, 2007) Attachments 36. Motion to approve a request to refund the tax balance for property known as Map 36-4, Parcel 168. (Approved by Finance Committee January 9, 2007) Attachments 37. Motion to approve 1% disability retirement (non-work related) under the 1977 Pension Plan for Mr. Robert Harrison. (Approved by Finance January 9, 2007) Attachments 38. Motion to approve 1% disability retirement (non-work related) under the 1977 Pension Plan for Mr. Thomas Alley. (Approved by Finance Committee January 9, 2007) Attachments 39. Motion to approve the acquisition of one compact 4x4 pickup truck (lowest bid offer on bid 06-177) for the Utilities Department- Administration/Engineering Division. (Approved by Finance Committee January 9, 2007) Attachments ENGINEERING SERVICES 40. Motion to approve and accept an Easement Deed from Margaret Caughman. (Approved by Engineering Services Committee January 8, 2007) Attachments 41. Motion to authorize condemnation of a portion of Property #051- 0-087-00-0 3934 Scott Street and #051-0-088-00-0 3930 Scott Street, which are owned by Shanta White Wallace for 16,675.30 sq. ft. of permanent easement area and 3,157.57 sq. ft. of temporary construction easement area. Public Works Project: Belair Hills Subdivision Improvement Project. (Approved by Engineering Services Committee January 8, 2007) Attachments 42. Motion to deny a request from Mr. Leroy Davis regarding an appeal for the removal of solid waste charges from his tax bill. (Approved by Engineering Services Committee January 8, 2007) Attachments 43. Motion to approve and accept a Warranty Deed from Maxwell Richmond Hill Properties, LLC for a strip of right of way on Richmond Hill Road. (Approved by Engineering Services Committee January 8, 2007) Attachments 44. Motion to approve purchasing the software program and that the billing portion of the system be implemented only for the landfill customers at this time and not for the solid waste collection customers in an amount not to exceed $200,000. (Approved Engineering Services Committee January 8, 2007) Attachments 45. Motion to approve additional funding in the amount of $331,625.25 for the 8” waterline relocation along Davis Road in conjunction with the GADOT, Davis Road Widening Project. (Approved by Engineering Services Committee January 8, 2007) Attachments 46. Motion to approve a request from Jimmy M. Clark, Jr. regarding the inclusion of Youngblood Lane into the county's road maintenance system. (Approved by Engineering Services Committee January 8, 2007) Attachments PETITIONS AND COMMUNICATIONS 47. Motion to approve the minutes of the regular meeting of the Commission held January 2, 2007. Attachments APPOINTMENT(S) 48. Motion to approve the appointment of Evett Davis to fill the unexpired term of Hardie Davis on the Zoning Apeals Board representing District 8. Attachments 49. Motion to appoint Wilfred Hunt to the ARC Library Board of Trustees representing District Six. Attachments 50. Motion to approve the appointment of Mr. Keith C. Brown to the Augusta-Richmond County Coliseum Authority representing District 2. Attachments 51. Motion to approve the appointment of S. Renee D'Antignac to the Human Relations Board and Robert Anderson to the Planning Commission representing District 4. Attachments ****END CONSENT AGENDA**** AUGUSTA COMMISSION 1/16/2007 AUGUSTA COMMISSION REGULAR AGENDA 1/16/2007 (Items 52-65) PLANNING 52. Z-06-113 – A request for concurrence with the Augusta-Richmond County Planning Commission to DENY a petition by Brenda Hammond Baxter, on behalf of Lawrence Minor, requesting a Special Exception to establish a Family Personal Care Home per Section 26-1 (H) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property that contains .17 acres and is known under the present numbering system as 2911 Wheeler Road. (Tax Map 025-4 Parcel 085) DISTRICT 7 Attachments 53. Z-07-07 – A request for concurrence with the Augusta-Richmond County Planning Commission to APPROVE with the condition that an acceptable concept plan must be presented to the Planning Commission Staff for review and recommendation before the January 16, 2007 Augusta Commission meeting; a petition by Blanchard and Calhoun Commercial, on behalf of McKnight Properties Inc., and MCC Inc by Intermediary, requesting a change of zoning from Zone A (Agriculture) to Zone B-2 (General Business) affecting property advertised as two tracts; Tract A containing approximately 15 acres located on the southwest right- of-way line of Scott Nixon Memorial Drive where the Columbia County boundary line intersects and Tract B containing approximately 6.5 acres located on the north right-of-way line of the off-ramp of Interstate 20, 535 feet, more or less, east of Wheeler Road. (Tract A - Tax Map 22 Parcel 010-03, 010-02, 010-13 & 010-14 and Tract B – Tax Map 022 Parcel 026) DISTRICT 3 Attachments 54. Z-07-13 – A request for concurrence with the Augusta-Richmond County Planning Commission to DENY a petition by George H. Anderson Jr. requesting a change of zoning from Zone B-1 Attachments (Neighborhood Business) to Zone B-2 (General Business) affecting property containing .17 acres and known under present numbering system 1439 and 1441 Twelfth Street. (Tax Map 059-1 Parcel 428) DISTRICT 2 PUBLIC SERVICES 55. Motion to approve, in resolution form, support of the Georgia Transit Association’s FY 2007 Legislative Agenda. (No Recommendation from Public Services Committee January 9, 2007) Attachments FINANCE 56. Motion to rescind the new Recreation Department's Tennis Supervisor position in the approved 2007 Budget. (Requested by Commissioner Marion Williams) Attachments PETITIONS AND COMMUNICATIONS 57. Per Commission direction at the September 5, 2006 Commission Meeting and subsequent September 22, 2006 workshop - the Trade Exhibit and Event (TEE) Center Taskforce is submitting a site and renegotiated operating term agreement for Commission approval. Attachments SUBCOMMITTEE Judicial Center Subcommittee 58. Receive report from the Judical Center Committee on the status of the redesign after budget approval, the land acquisition and a timetable for completion of the project. (Requested by Commissioner Andy Cheek) Attachments APPOINTMENT(S) 59. Appoint and/or reappoint members of the Richmond County Sheriff's Merit Board. Attachments Upcoming Meetings www.augustaga.gov 60. Consider nominations for appointment from the Richmond County Hospital Authority for a four-year term on the Authority. Member at Large William Badger, Warren A. Daniel, John S. Markwater. Member of Jewish faith Jeffery Foreman, Paul Graboff, Rabbi David Sirull. Attachments OTHER BUSINESS 61. Receive a report from the Richmond County Development Authority's relative to the proposed development plans in the next 12 months for the land located on Mike Padgett Highway. Attachments 62. Rescind the appointment of Mayor Pro Tem Betty Beard as Chairman of Finance Committee and appoint Commissioner Jerry Brigham. (Requested by Mayor Pro Tem Betty Beard) Attachments 63. Agreement with Georgia Power for Relocation of Facilities. Attachments 64. Update/report from the Administrator regarding the Race Track. Attachments LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 65. Motion to approve execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Commission Meeting Agenda 1/16/2007 2:00 PM Invocation Department: Caption:Reverend Sheryl Sinch, Pastor Christ Church Unity Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 1/16/2007 2:00 PM Employee of the Month Award Department: Caption:Lt. Jack Womack, III, Augusta Fire Department, December 2006 Employee of the Month. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 1/16/2007 2:00 PM Employee of the Year Department:Clerk of Commission Caption:Employee of the Year Award. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 1/16/2007 2:00 PM Partnership for Working Toward Inclusive Communities Department: Caption:Mr. David Oliver Doswell II, Staff Writer Metro Spirit and the Metro Spirit, December 19, 2006 article "Christmas in Bethlehem". (Requested by Mayor Pro Tem Betty Beard) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 1/16/2007 2:00 PM RETIREMENTS Department: Caption:Lt. John Baxter, Augusta Fire Department 37 years of services. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 1/16/2007 2:00 PM Planning Commission Department:Planning Commission Caption:Z-07-11 – A request for concurrence with the Augusta- Richmond County Planning Commission to APPROVE with the condition that if the sale is not completed in one year the zoning shall revert to the current LI (Light Industry) zone; a petition by Meybohm Commercial Properties, on behalf of Fort Gordon Land Partners, requesting a change of zoning from Zone LI (Light Industry) to Zone B-2 (General Business) affecting property containing approximately 45 acres located where the southwest right-of-way line of Bobby Jones Expressway intersects the northwest right-of-way line of Gordon Highway. (Tax Map 068 Parcels 010, 010-03 & 126) DISTRICT 5 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 1/16/2007 2:00 PM Planning Commission Department:Planning Commission Caption:Z-07-12 – A request for concurrence with the Augusta- Richmond County Planning Commission to APPROVE a petition by Brandon Scarboro, on behalf of Bobby J. Scarboro Jr., requesting a change of zoning from Zone R-1A (One-family Residential) to Zone R-3B (Multiple-family Residential) affecting property containing approximately 2 acres and known under the present numbering system as 1009 Alexander Drive. (Tax Map 008-3 Parcel 059) DISTRICT 7 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 1/16/2007 2:00 PM Planning Commission Department:Planning Commission Caption:FINAL PLAT – THE LAKES AT RAES CREEK (FKA THE ENCLAVES AT RAES CREEK) – S-696-B-II – A request for concurrence with the Augusta-Richmond County Planning Commission to APPROVE a petition by Southern Partners Inc., on behalf of Richmond Development Partners LLC, requesting final plat approval for The Lakes at Raes Creek. This residential subdivision is located off Amli Way and contains 36 lots. 1-3-07) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 1/16/2007 2:00 PM Planning Commission Department:Planning Commission Caption:Z-06-113 – A request for concurrence with the Augusta- Richmond County Planning Commission to DENY a petition by Brenda Hammond Baxter, on behalf of Lawrence Minor, requesting a Special Exception to establish a Family Personal Care Home per Section 26-1 (H) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property that contains .17 acres and is known under the present numbering system as 2911 Wheeler Road. (Tax Map 025-4 Parcel 085) DISTRICT 7 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 1/16/2007 2:00 PM Planning Commission Department:Planning Commission Caption:Z-07-07 – A request for concurrence with the Augusta- Richmond County Planning Commission to APPROVE with the condition that an acceptable concept plan must be presented to the Planning Commission Staff for review and recommendation before the January 16, 2007 Augusta Commission meeting; a petition by Blanchard and Calhoun Commercial, on behalf of McKnight Properties Inc., and MCC Inc by Intermediary, requesting a change of zoning from Zone A (Agriculture) to Zone B-2 (General Business) affecting property advertised as two tracts; Tract A containing approximately 15 acres located on the southwest right-of-way line of Scott Nixon Memorial Drive where the Columbia County boundary line intersects and Tract B containing approximately 6.5 acres located on the north right-of-way line of the off-ramp of Interstate 20, 535 feet, more or less, east of Wheeler Road. (Tract A - Tax Map 22 Parcel 010-03, 010-02, 010-13 & 010-14 and Tract B – Tax Map 022 Parcel 026) DISTRICT 3 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 1/16/2007 2:00 PM Planning Commission Department:Planning Commission Caption:Z-07-13 – A request for concurrence with the Augusta- Richmond County Planning Commission to DENY a petition by George H. Anderson Jr. requesting a change of zoning from Zone B-1 (Neighborhood Business) to Zone B-2 (General Business) affecting property containing .17 acres and known under present numbering system 1439 and 1441 Twelfth Street. (Tax Map 059-1 Parcel 428) DISTRICT 2 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 1/16/2007 2:00 PM Planning Commission Department:Planning Commission Caption:Z-07-01 – A request for concurrence with the Augusta- Richmond County Planning Commission to APPROVE with the conditions listed below a petition by Forum Development Group, on behalf of James F. Mills et al, requesting a change of zoning from Zone R-1 (One-family Residential) to Zone B-1 (Neighborhood Business) with a Special Exception to establish a group of retail buildings which would exceed 15,000 square feet of area per Section 21-2 (a) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing approximately 2 acres located on the east right-of-way line of Walton Way Extension, 750 feet, more or less, south of Pleasant Home Road. (Tax Map 016 Parcels 050, 052-04, 052-03) DISTRICT 7 1. There shall be no development or other encroachment in the 100 year floodplain except for connections to sewer lines if necessary; 2. The only access to the property shall be a new intersection on Walton Way Extension in the vicinity of Hebron Court to be paid for by the developer of the subject property. This intersection shall also provide access to the apartment complex across Walton Way Extension. The intersection shall be signalized and the cost of equipment and installation shall be borne by the developer of the subject property. If the new signalized intersection is determined not to conform to the AASHTO standards, then the new zoning classification shall revert back to the previous classification. 3. There shall be no access to Walton Way Extension except at the new signalized intersection. An additional right in, right out access point that serves the entire development may also be permitted. If out parcels fronting on Walton Way Extension are created there shall be no access easements placed on plats and deed of such parcels. 4. Illumination at the rear of the complex is a potential impact that can be mitigated by the following: ? A fence, wall or solid vegetative screen shall be located along the entire floodplain at least six (6) feet above the elevation of any retaining wall or fill at that location. ? For building walls facing the floodplain on the creek side of the property, all building wall lights shall be directed down the building, not outward; ? In the rear parking area there shall be full cutoff lighting that does not shine into the floodplain. 5. That the only development of this property other than development allowed in the R-1 and R-1A zones shall be an upscale shopping center consistent with the concept plan in the file. If site plans for such development are not presented within two years of approval of the rezoning then the zoning of this property reverts to R-1A. If development of the property does not begin within three years of approval of the rezoning, then the zoning classification reverts to R-1A. 6. That the Storm water system shall be built to detain a 100 year storm and release it at no more than 90% of the predevelopment rate. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 1/16/2007 2:00 PM Planning Commission Department:Planning Commission Caption:Z-07-02 – A request for concurrence with the Augusta- Richmond County Planning Commission to APPROVE a petition by Samoan Christian Fellowship, on behalf of Dallas Blume, requesting a Special Exception to establish a church per Section 26-1 (a) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing 6.60 acres and known under the present numbering system as 3856 & 3868 Karleen Road (Tax Map 139-4 Parcels 004 & 005) DISTRICT 8 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 1/16/2007 2:00 PM Planning Commission Department:Planning Commission Caption:Z-07-03 – A request for concurrence with the Augusta- Richmond County Planning Commission to APPROVE a petition by Michael Griffin requesting a Special Exception to utilize a structure for residential purposes in a P-1 (Professional) Zone per Section 20-2 (b) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing .19 acres and known under the present numbering system as 412 Greene Street. (Tax Map 047-2 Parcel 302) 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 1/16/2007 2:00 PM Planning Commission Department:Planning Commission Caption:Z-07-04 – A request for concurrence with the Augusta- Richmond County Planning Commission to APPROVE a petition by Bernard Johnson, on behalf of Bernard Johnson and Laney Walker Memorial Park Inc., requesting a Special Exception expanding an existing cemetery and bringing the entire cemetery into zoning conformance per Section 26-1 (m) of the Comprehensive Zoning Ordinance for Augusta- Richmond County affecting property containing a total of approximately 11.39 acres and known under the present numbering system as 620 Laney-Walker Boulevard Extension (aka 611 Laney-Walker Boulevard Extension). (Tax Map 061 Parcels 015 & 015-05) 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 1/16/2007 2:00 PM Planning Commission Department:Planning Commission Caption:Z-07-05 – A request for concurrence with the Augusta- Richmond County Planning Commission to APPROVE a petition by Keystone Homes requesting a Special Exception to establish a sales office in a model home in Riverstone Subdivision per Section 8-1 (f) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing .42 acres and is known under the present numbering system as 3201 Riverstone Drive. (Tax Map 004 Parcel number not yet assigned by Tax Office) DISTRICT 7 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 1/16/2007 2:00 PM Planning Commission Department:Planning Commission Caption:Z-07-06 – A request for concurrence with the Augusta- Richmond County Planning Commission to APPROVE a petition by Southern ERA Ministries, on behalf of Elaine Williams and Pete Coleman, requesting a Special Exception to bring an existing church into zoning conformance per Section 26-1 (A) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing approximately .75 acres and is known under the present numbering system as 3564-A Jack Kelly Road. (Tax Map 144 Parcel 030 & 031-01) DISTRICT 8 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 1/16/2007 2:00 PM Planning Commission Department:Planning Commission Caption:Z-07-09 – A request for concurrence with the Augusta- Richmond County Planning Commission to APPROVE with the conditions listed below a petition by Don Mathis, on behalf of Edwin and Margaret Lavendar, requesting a change of zoning from Zone A (Agriculture) to Zone B-2 (General Business) affecting property containing approximately 26 acres and is known under the present numbering system as 4267 Deans Bridge Road. (Tax Map 162 Parcel 25 and Tax Map 163 Parcels 007, 008, 009, 025, & 025-01) DISTRICT 8: 1) that no recreation vehicle be in excess of 10 years old and 2) that a three month maximum time limit per stay be enforced 3) that the property owner will file with the deed to the subject property a disclosure containing the following language: The owner of the property, and his successors, in exchange for the benefits derived from the subject rezoning acknowledge that the property is situated in an area that may be subjected to conditions resulting from military training and forest management at Fort Gordon. The activities ordinarily and necessarily produce noise, dust, smoke and other conditions that may conflict with the Owners’ use of said property. Owner hereby waives all common law rights to object to normal and necessary military training activities and forest management activities legally conducted on adjacent Fort Gordon and hereby acknowledge the existence of Fort Gordon’s activities. Nothing in this disclosure shall grant a right to Fort Gordon for ingress or egress upon or across the described property, and nothing in this disclosure shall prohibit or otherwise restrict the Owners from enforcing or seeking enforcement of statutes and regulations of government agencies for activities conducted on adjacent properties. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 1/16/2007 2:00 PM Planning Commission Department:Planning Commission Caption:Z-07-10 – A request for concurrence with the Augusta- Richmond County Planning Commission to APPROVE with the condition that the only use of the property be limited to those uses permitted in a B-1 zone and a furniture restoration business staffed by handicapped individuals; a petition by Coldwell Banker Commercial Sherman & Hemstreet, on behalf of Usher Paint and Supply Co. Inc., requesting a change of zoning from Zone B-1 (Neighborhood Business) to Zone B-2 (General Business) affecting property containing .29 acres and is known under the present numbering system as 1704 Jenkins Street. (Tax Map 035-4 Parcel 488) 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 1/16/2007 2:00 PM Planning Commission Department:Planning Commission Caption:Z-06-120 – A request for concurrence with the Augusta- Richmond County Planning Commission to APPROVE with the conditions listed below a petition by M. Vernon Smith, on behalf of Crowell & Company, Inc., requesting a change of zoning from Zone A (Agriculture) and Zone R-1B (One- family Residential) and Zone R-1C (One-family Residential) to Zone LI (Light Industry) affecting property that contains 8.98 acres and is located on the west side of Barton Chapel Road, 125 feet south of the southwest corner of Eidson Drive and Barton Chapel Road. (Part of Tax Map 053-2 Parcel 113) DISTRICT 3 1. 20 foot buffer on all sides of the property 2. Signage limited to what would be permitted in the B-1 (Neighborhood Business) zone 3. The only uses of the property shall be the following: • Any use permitted in the R- 1C (One-family Residential) zone • Mini warehouses, 22-1 (b)-(9) • Business park, 22-1 (b) (11) • Wholesale, storage and warehouse facilities, 23-1 (b)(1) • Lumber, feed and other similar storage yards, but not salvage yards, coal yards, or junk yards, 23-1 (b)(2) • Uses of a light industrial nature ….., 23-1 (b) (3) • Storage of construction equipment and other heavy equipment and trucks in excess of one ton capacity and having three or more axles, 23-1 (b) (5) 4. Substantial conformance to a preliminary site plan with purchaser having the option to change the driveway to realign with Sharon Road. 5. Purchaser agrees to provide circular driveway for egress/ingress at 1715 Barton Chapel Road as long as property remains residential. 6. Purchaser will develop property whereas any existing water runoff will be corrected. Site plan approval will address water run off concerns of adjacent property owners. 7. Dirt berm will be installed with agreeable planting by all parties. 8. Purchaser will adamantly pursue the BEST mosquito control for the area. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 1/16/2007 2:00 PM Alcohol License Application Department:License & Inspections Caption:Motion to deny a New Application: A. N. 07 - 01: request by Back Hap Ja Son for a retail package Beer & Wine license to be used in connection with Corner Mini Mart located at 635 Laney Walker Blvd. District 1. Super District 9. (Approved by Public Services Committee January 9, 2007) Background:This location applied in 2005 and was denied by the Commission. Analysis:The applicant meets the minimum requirements of the Augusta-Richmond County Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $1210.00. 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 1/16/2007 2:00 PM Alcohol License Application Department:License & Inspections Caption:Motion to approve new application: A. N. 07 - 02: request by Linda K Evangelista for an on premise consumption Beer & Wine license to be used in connection with Cock N Dawg Bar & Grill located at 129 9th St. There will be Sunday Sales. District 1. Super District 9. (Approved by Public Services Committee January 9, 2007) Background:This is a new location. Analysis:The applicant meets the requirements of the Augusta Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $1210.00. Alternatives: Recommendation:License & Inspections 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 1/16/2007 2:00 PM Alcohol License Application Department:License & Inspections Caption:Motion to approve New Ownership Application: A. N. 07 - 03: request by Haren Parikh for a retail package Beer & Wine license to be used in connection with Ankur Parikh Investments, Inc. located at 232 Sand Bar Ferry Rd. District 1. Super District 9. (Approved by Public Services Committee January 9, 2007) Background:This is a new ownership application. Formerly in the name of Amitkumar Patel. Analysis:The applicant meets the requirements of the Augusta Richmond County Alcohol Ordinance. Financial Impact:The applicant will pay a fee of &1210.00. Alternatives: Recommendation:License & Inspections 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 1/16/2007 2:00 PM Budget Amendment - Senior Recreation Grant - CSRA-RDC Department:Recreation and Parks Tom F. Beck, Jr., Director Caption:Motion to approve an amendment to the grant contract with CSRA-RDC for recreation and wellness services to senior adults, adding $6000.00 to the grant total, and to approve a budget amendment related to this additional funding. (Approved by Public Services Committee January 9, 2007) Background:Augusta Recreation and Parks, the local Senior Service provider thru CSRA-RDC, secured a grant in the amount of $80,861.00 in 2006 for recreation and wellness services to senior adults in Richmond County. CSRA-RDC is allocating an additional $6000.00 in grant funding for recreation services, bringing the new total of the grant to $86,681.00. Analysis:The additional funding will be used to offer additional programs, including individual and group activities and educational programs to enhance the quality of life for our senior adults. Financial Impact:Budget amendment attached adding $6000.00 to our grant revenues and $6000.00 to our expenses. Alternatives:1. To approve 2. To deny, which would result in Augusta losing $6000.00 in grant funds. Recommendation:1. To approve Funds are Available in the Following Accounts: Grant fund account is 220-05-4370 REVIEWED AND APPROVED BY: Finance. Administrator. Clerk of Commission Budget Resolution STATE OF GEORGIA ) AUGUSTA RICHMOND COUNTY AUGUSTA-RICHMOND COUNTY ) COMMISSION BUDGET AMENDMENT NO:…………… IT IS HEREBY ORDERED that the General Grant Fund Budget for the year 2007 be amended to reflect increased revenue of $6000.00. IT IS FURTHER ORDERED that the appropriations be increased $6000.00 for expenditures. REVENUES 220-05-4370 $6000.00 Total ______________________ APPROPRIATIONS 220-05-4370 $6000.00 Total ______________________ BOB YOUNG, MAYOR Approved this ……the day of……____ AUGUSTA-RICHMOND COUNTY COMMISSION ______________________________ As its mayor Attest: ________________ Clerk of Commission Commission Meeting Agenda 1/16/2007 2:00 PM FY 2007 GTA Legislative Agenda Department:Augusta Public Transit Caption:Motion to approve, in resolution form, support of the Georgia Transit Association’s FY 2007 Legislative Agenda. (No Recommendation from Public Services Committee January 9, 2007) Background:Annually, the GTA sponsors a legislative agenda for State and Federal issues. The FY 2007 agenda was approved by the GTA and is now being sponsored as a Resolution by local governing bodies in an attempt to get transit friendly legislation passed. Analysis:Support of the agenda will strengthen public transit and assist in bringing vital transit issues to the attention of our state legislators. Financial Impact:Support of the resolution will encourage the legislators to consider issues related to Public Transit. Alternatives:Non-approval. Recommendation:Approve the Resolution. See attached resolution. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Administrator. Clerk of Commission A RESOLUTION SUPPORTING THE GEORGIA TRANSIT ASSOCIATION’S 2007 LEGISLATIVE AGENDA WHEREAS, increased pubic investment in transit services provides the potential to create jobs and enhance business prosperity; and WHEREAS, the nation, our communities and our citizens face the risk to health and the environment that are brought on by automobile exhaust emissions; and WHEREAS, transportation is vital to the quality of life and economic well-being of the citizens of Augusta, Georgia and the State of Georgia; and WHEREAS, workers, school children, senior citizens, people with disabilities, and those unable to afford an automobile use public transportation to gain access to jobs, schools, medical facilities and other fundamental services; and WHEREAS, traffic congestion which wastes productive time can be alleviated through the increased availability and use of public transportation to gain access to jobs, schools, medical facilities and other fundamental services. WHEREAS, the Georgia Transit Association (GTA) has prepared a legislative agenda that recommends the following: 1. Alternative Transportation Revenue Sources: The need for additional financial resources for transit and other modes of transportation in Georgia remains greater than ever. Georgia Department of Transportation (GDOT) figures continue to show that only a small portion of the state's transportation needs, including those of transit, are funded. Federal funding for transportation has attempted to move the nation toward a more balanced transportation policy. Georgia lags behind, in part because the state constitution currently restricts the use of motor fuel taxes to roads and bridges. Nationally, the ten largest states, other than Georgia, display a "mix" of transit funding by providing significant amounts of state resources, thus decreasing the pressure on local funding of transit, whether through property taxes or other means. There have been several options for new revenue sources for transportation discussed in recent years. Some of the more promising possibilities, provided that they present opportunities to fund a variety of modes of transportation, include: Transportation Infrastructure Fee -One way to increase funding for Georgia's transportation system is the imposition of a transportation infrastructure fee (TIF) on motor fuel tax purchases. A TIF is a fee that can be used for any transportation related investment. Research has shown that substantial funds could be raised by a TIF; Georgia's dependence upon resources from motor fuel purchases is among the lowest in the nation; a TIF could be used for various purposes, including local roads, transit, federal matching funds and a state transportation infrastructure bank; and such a measure could be made revenue neutral by returning funds to the taxpayer by way of a TIF income tax credit. Local Sales Taxes -If authorized by the General Assembly, voters in local jurisdictions could by referendum choose to pass a local option sales tax to fund various modes of transportation, including both operating and capital support of transit systems. At the present time only one transit system in Georgia (MARTA) is financed with local funds other than local property taxes. Local governments are left with few alternative financing options. However, many jurisdictions already have both a local option (LOST) and a special local option sales tax (SPLOST) in place and therefore have reached the 2% cap on local sales taxes. In order to make this a viable option it is necessary both to amend the statutory 2% local cap and to pass a constitutional amendment stating that the establishment, operation, and administration of a public transportation system is an essential function of local government and authorizing the creation of public corporations or authorities for transit purposes. Regional Sales Tax -Several groups have suggested consideration of a regional sales tax to be approved by voters to meet the comprehensive transportation needs in affected areas, and in fact legislation to allow this approach was introduced in the 2006 Georgia General Assembly. State Transportation Infrastructure Bank -One way for state and local government to bolster capital funding for all forms of transportation is the creation of a state transportation infrastructure bank (STIB). A STIB would allow state government to work with local jurisdictions making available lower interest rate financing than many local governments can access. Legislation was introduced in the 2005 General Assembly to create a STIB. It is critical that this or any new legislation be broad and flexible enough both to allow financial support of all modes of transportation and to supplement, not supplant, current funding. Also, to ensure consistency with federal law, transit projects eligible for funding by the STIB should utilize the current state and federal definition of "capital project." GTA urges the General Assembly to seek alternative sources of revenue to increase funding for all modes of transportation, including capital and operating support of public transit systems, both urban and rural. All necessary options, (including a constitutional amendment and the exemption of a local sales tax for transit purposes from the 2% ceiling on local sales taxes) should be considered. 2. Transit Operating Assistance: Georgia is one of seven states that does not partner with the local governments and the federal government to support the operation of public transportation systems, and it is also only one of the ten most populous states that do not provide such support. Local transit systems that do not have access to dedicated local tax revenues must rely on local government operating subsidies, which typically are provided through local property tax levies or general funds. Local transit systems, both urban and rural, would benefit greatly from state-provided general operating assistance, including in rural areas where the local governments often do not have the resources to provide the local operating match for general public trips, with the result that available rural public transit services are often generally available only to human service agency clients whose trips are funded by the Departments of Human Resources (DHR) or Community Health (DCH), or other state agencies. In many cases mobility is hampered because these agency trips are restricted by trip purpose and/or client eligibility, so that general transportation needs (such as a trip to the bank, the hairdresser, the doctor, e.g.) go unmet, even if the customer is able to pay a fare. Although Georgia has rural public transportation, funded in part by Federal Transit Administration Section 5311 in 95 of the 159 counties, due to the above-cited problems every year a few drop out of the program, even as a few enter. 1n addition, urban transit systems continue to face funding challenges, including homeland security concerns. If Georgia were to provide operating assistance to local transit systems, it would join several southeastern states that provide such assistance including Florida, North Carolina, South Carolina, Virginia and Tennessee. GTA recommends that the General Assembly appropriate funds for operating assistance to Georgia’s rural and urban transit systems. 3. Health and Social Services Transportation Service Coordination: Presently local governments and at least four state agencies have a role in heath and social services transportation (including transit) service delivery. These agencies -the Georgia Departments of Community Health, Human Resources, Labor, and Transportation -receive nearly $200 million per year in federal grants to transport individuals who have no other means of accessing services. Currently coordination among these agencies is primarily on an ad hoc basis. The programs under which the state agencies operate are based largely on classifications of riders, which are established by the federal agency providing the federal funds. Depending upon the pro- gram, riders may be transported for such purposes as accessing medical appointments, senior centers, community mental health centers, job training activities, or for general transportation purposes. GTA recommends that the General Assembly create a Study Committee on Human Services Transportation. The Committee should review and make recommendations on a number of issues, including how transportation services are delivered; how to share federal funding, vehicles, and facilities; the needs of transportation program clients and rural transit riders; the need to allocate increased funding for human services transportation including the cost effectiveness of providing transportation service providers a fuel price supplement appropriation to address the growing cost of motor fuel; and the feasibility of creating a statewide specialized transportation assistance program to relieve the pressure on local transit systems by providing human services transportation to clients who are not eligible under existing programs. The Study Committee should also consider the efficacy of creating a state human services and rural transportation coordinating council whose membership should include state agencies and representatives of local governments, regional entities, and other service providers involved in these transportation programs. 4. Additional Funding for Human Services Transportation Programs: Despite increasing demand on local government and human service transportation providers, there has not been an increase in funding for these transportation programs in Georgia since FY 2001. These services, operated pursuant to programs of the Departments of Human Resources, Community Health, and Labor, are heavy purchasers of service on public transit programs. Because of heavy demand and decreasing options, consumers under these programs are being encouraged to become public passengers of transit systems, paying only the fare box fees, thereby putting increasing pressure on transit providers. An appropriation to address the significant increase in fuel costs since 2001- 2002, especially in the last year, would enable clients in need of human services transportation to access the services they need. GTA urges the General Assembly to appropriate additional funds to state agencies operating human services transportation programs to supplement the increased cost of motor fuel. 5. State Individual Income Tax Credit: In 1999, legislation was passed to give state corporate income tax credits to companies that provide certain qualified transportation fringe benefits, including the purchase of transit fare cards, to their employees. The state credit took effect on January 1, 2001, and encourages employers to financially assist their employees to use mass transit. While some employers pay a portion of the cost of employee transit passes, many do not. Thus, some employees, through their employers, receive a tax-free benefit, while others do not. For example, since governmental employers do not receive tax breaks through transit fare subsidies given to their employees, there is little tangible incentive for these employees to increase their use of transit. GTA recommends that the General Assembly pass legislation allowing a state individual income tax credit for persons who purchase their own transit fare cards or have other qualified personal mass transportation expenses. This credit should be available only to the extent that employer subsidies for transit ridership do not cover the costs of purchasing transit fare cards, and only to the extent that such a credit is consistent with federal law. 6. Transportation Planning: A comprehensive land use and transportation plan that maintains a clean environment fosters orderly development, and preserves natural and historic resources is essential to the quality of life in our communities. The use of minimum standards and procedures for coordinated and comprehensive planning and the establishment of incentives for developers to emphasize public transportation connectivity with adjacent subdivisions and/or commercial developments in the layout of new developments will minimize congestion, maximize accessibility to transportation options and enhance quality of life. GTA urges that efficient transportation layouts be a part of the coordinated and comprehensive planning process required of local governments. To this end, GTA requests that the Georgia Department of Community Affairs (DCA) establish park and ride facilities, bus shelters, accessible bus stops and sidewalks, and existing or proposed bus routes as minimum elements to be included in the coordinated and comprehensive planning process required by state law and that these elements be a part of DCAS "Advanced Planning Level" category, especially with regard to all new residential, commercial and retail development. 7. Regional Transportation Planning and Coordination: In recent years, there has been a growing recognition of the needs of rural transit systems as well as a movement toward regionalization of transit services across the state. The Metropolitan Atlanta area has an active Transit Planning Board, and other rural areas of the state have established a regional approach to human services transportation by partnering with regional development centers in such areas. This regionalization of public transportation services has occurred with little to no overarching organizational framework or statewide strategy. The establishment of regional planning organizations (RPOs) or of regional transit districts (possibly along RDC boundaries) would permit the continued beneficial trend toward rationalization in a more coordinated and organized fashion. GTA applauds the creation and urges General Assembly support of the work of the Transit Planning Board, in order to ensure the most cost effective and efficient delivery of transit service to the entire Atlanta region. GTA also recommends that the state move toward a comprehensive, regionalized transportation planning process with the establishment of regional planning districts on a statewide basis. 8. Rural Transit Operator Training: The increased involvement of local government in less populous areas with the provision of transit services points to the need for comprehensive training in transit planning and operation for rural providers. Several organizations, including the Community Transportation Association of America and the National Transit Institute (NTI), have training expertise which could be used in partnership with Georgia Department of Transportation (GDOT) staff. GTA requests that the Georgia Department of Transportation work with interested parties such as GTA, CTAA, and NTI to provide annual training for rural transit operators. 9. SAFETEA-LU: Federal Appropriations for Transit -The Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), which was signed in 2005, is now in effect. A number of states, including Georgia, continue to seek federal appropriations earmarks for bus acquisition. Statewide earmarks especially benefit smaller systems that have not been able to obtain federal discretionary bus money on their own on a regular basis. GTA commends the Georgia Congressional Delegation for its work to pass SAFETEA-LU, and encourages full funding for "guarantees" for transit for the life of this legislation. GTA also recommends that the Georgia Department of Transportation continue to seek and increase a bus "earmark" on behalf of the states smaller transit systems, which are not annually included in SAFETEA-LUs "guarantees," so that all Georgia transit systems can receive the federal support they need to provide transportation alternatives to all Georgians. NOW, THEREFORE BE IT RESOLVED by the Augusta-Richmond County Commission that Augusta, Georgia, supports The Transit System Flexibility Protection Act. Duly adopted this day of January, 2007. The Augusta Richmond County Commission BY: Deke Copenhaver, Mayor ATTEST: By: Clerk of Commission Commission Meeting Agenda 1/16/2007 2:00 PM Heritage Academy Department:Clerk of Commission Caption:Motion to approve a a request from the Heritage Academy regarding a waiver of the fees for the permits for the renovation work at the Houghton School located at 333 Greene Street. (Approved by Public Services Committee January 9, 2007) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 1/16/2007 2:00 PM License and Inspections Software Department:Information Technology Caption:Motion to approve Purchase of Software, Services, and Equipment for the implementation of Code Enforcement, Excise Tax, Business License, and Building Permit Management software. (Approved by Public Sevices and Public Safety Committees January 9, 2007) Background:License & Inspections (L&I) desires to have software that will support the functions of Code Enforcement, Excise Tax, Business License, and Building Permit Management. In addition to satisfying their business functions, the department also desires to have Geographic Information Systems (GIS) capability, the ability to connect remotely so that staff in the field can communicate to the office, an internet-ready method of offering services to citizens, and the ability to take advantage of various digital media for record-keeping. L&I also desires a vendor that supports many customers and has a long-term commitment to keeping their product current and viable. In 2004, License & Inspections selected Hansen, Inc. to fulfill the requirements of this same RFP (04-114). A contract was signed with Hansen in 2005, but the relationship between Augusta and Hansen was dissolved in 2006 due to Hansen's non-performance of the project requirements. All funds expended were refunded to Augusta by Hansen. Information Technology, Procurement, and License & Inspections have worked cooperatively in order to reestablish contact with the other vendors that responded to the RFP in order to determine which vendor best suited the requirements described above, with additional scrutiny being placed on each vendor concerning their project management practices and the immediate availability of the software that they proposed to provide to Augusta. Analysis:In conjunction with the Procurement Department and Information Technology, L&I reviewed several vendors in the fall of 2006 (RFP# 04-114) and determined that Municipal Software Corporation, Inc. offered the most advantageous mix of software and services. Municipal’s products provide L&I with the ability to modify software to meet their business needs, and they have kept their products current with the prevailing technical environment over time. Municipal has deployed the software package that we will be implementing for many of their users, and the product has proven itself to be effective. Adopting Municipal as the vendor of choice for this project will provide a long-term technical structure in which L&I can succeed. Financial Impact:The estimated cost is approximately $599,000, of which $400,000 is approved in the 2006 IT Capital budget and $199,000 is funded by the Licensing & Inspection Building Division Fund Balance. Alternatives:None Recommendation:Approve Purchase of Software, Services, and Equipment for implementation of Code Enforcement, Excise Tax, Business License, and Building Permit Management software. Funds are Available in the Following Accounts: 217072210-5424220 (L&I) $199,000 272015410-5424220 (IT) $292,000 272015410-5424120 (IT) $108,000 REVIEWED AND APPROVED BY: Clerk of Commission ESCROW AGREEMENT To:Jones Emery Hargreaves Swan To:Each Declarant (as defined hereunder) Barristers and Solicitors Suite 1212 - 1175 Douglas Street Victoria, B.C. V8W 2E1 Municipal Software Corporation acknowledges that each licensee under the terms of a valid, current Municipal Software Corporation Software License and Support Agreement which is not in default (the “Declarant”) is a beneficiary under this Escrow Agreement and entitled to enforce legal rights and remedies hereunder. 1.Upon receipt by Jones Emery Hargreaves Swan of a Statutory Declaration from the Declarant or an authorized officer of the Declarant containing the following provisions: (a)The Declarant is a party to a Municipal Software Corporation Software License and Support Agreement and the Declarant is not in default under the terms of the agreement; (b)The Declarant has requested in writing performance of the Software License and Support Agreement by Municipal Software Corporation; (c)Municipal Software Corporation has not responded in writing to the Declarant within 30 days from the date of the written request of the Declarant, with a response which did not reasonably include an identification of the problem, the timetable for resolution, and the proposed scope of the work required to resolve the problem; (d)Notice of the intention of the Declarant to exercise the provisions of this Escrow Agreement has been served upon Municipal Software Corporation not less than 14 days prior to the date of execution of the Statutory Declaration; (e)The Declarant undertakes to copy the program source code, the subject of the Escrow Agreement, and to return the original to Jones Emery Hargreaves Swan and to use the program source code only for the purposes of supporting and maintaining its Municipal Software Corporation software program for its own internal corporate purposes; Jones Emery Hargreaves Swan shall release to the Declarant the program source code as deposited by Municipal Software Corporation in a sealed envelope with Jones Emery Hargreaves Swan pursuant to this Escrow Agreement; 2. Municipal Software Corporation shall, during the term of this agreement, submit revised copies of the source code in a sealed envelope together with a list of current approved declarants entitled to receive the same subject to the conditions in (1) above. Such revisions shall be accompanied by a certificate from Municipal Software Corporation stating that: (a)The contents of the escrowed materials are complete and would be understandable and useable by a reasonably knowledgeable computer programmer. (b)The contents accurately reflect the most current version of the licensed programs by the Licensee. - 2 - (c)The contents incorporate all changes made to the licensed programs or the source material from the previous time the escrowed materials were delivered to Jones Emery Hargreaves Swan under this agreement. (d)The contents contain a separate CD or diskette that contains the CityView License Key Generator Program with instructions for use, and, (e)The contents contain no passwords, or other device that would prevent or prohibit the use of the escrowed materials at any time. 3. Municipal Software Corporation will ensure that revised copies of the source code will be placed with Jones Emery Hargreaves Swan within thirty (30) days after the public release of a licensed program or a licensed program update. 4. Jones Emery Hargreaves Swan shall, upon receiving such a certificate from Municipal Software Corporation, notify each of the declarants mentioned in (2) above, by mail of such receipt. 5.It is understood that the duties of Jones Emery Hargreaves Swan, as escrow holder are limited to those expressly set forth herein and, in addition to the carrying out of escrow instructions, are limited to taking reasonable care of the subject matter of this agreement. Jones Emery Hargreaves Swan make no representations or guarantee as to the escrow materials and shall not be obligated to inquire into the accuracy or completeness of the escrow materials or any declaration made hereunder. In the event that proceedings in a court of law arise in relation to the subject matter of this Escrow Agreement, Jones Emery Hargreaves Swan shall not be obligated to defend or enter an appearance and shall only be obligated to participate after the Declarant and Municipal Software Corporation have placed sufficient security for Jones Emery Hargreaves Swan’s costs of such proceedings. 6.This agreement shall terminate ten (10) years from the date hereof, unless renewed by mutual written agreement. Jones Emery Hargreaves Swan may resign as escrow agent hereunder upon another party accepting the duties and obligations of escrow agent or upon providing the Declarant and Municipal Software Corporation with sixty (60) days advance written notice. DATED at the City of Victoria, in the Province of British Columbia, this day of , 2001. MUNICIPAL SOFTWARE CORPORATION Robert E. Bennett, President The terms of this agreement are hereby accepted by the firm of Jones Emery Hargreaves Swan Per: Patrick C. Trelawny SOFTWARE LICENSE AND SUPPORT AGREEMENT 1. LICENSE Municipal Software Corporation (hereinafter called ‘MUNICIPAL’) hereby grants to the person or corporation who purchased this License (hereinafter called the ‘Licensee’) a non-transferable, non-exclusive license to: (a) Use the CityView application software (hereinafter called the ‘PROGRAM’), containing the system modules described in Schedule "A" attached to this document. The PROGRAM is in "use" on a computer when it is loaded into temporary memory (i.e., RAM) of that computer; (b) Copy the PROGRAM into any machine readable or printed form for back-up, archival or modification purposes in support of the Licensee's use of the PROGRAM on the computer system PROVIDED THAT: (i) the Licensee shall maintain a record of the number and location of copies made; and (ii) the copies, together with the original, shall remain the property of MUNICIPAL; (c) Modify the PROGRAM or merge it with another program for the Licensee's use on any single machine PROVIDED THAT: (i) any portion of the PROGRAM modified or merged into another program shall continue to be subject to the terms and conditions of the Agreement; and (ii) upon termination of this Agreement, the PROGRAM or portion thereof shall be completely removed from the modified or merged program and destroyed or returned to MUNICIPAL at the request of MUNICIPAL. 2. SUPPORT In consideration of payment of the annual support and maintenance fee, MUNICIPAL will provide: (a) Priority response on support requests regarding licensed programs (and PROGRAM updates), (b) Application support will be provided at no additional charge whenever MUNICIPAL delivers a set of custom built CityView applications to the Licensee. This support service is not to be confused with the standard Technical Support Services that are provided by MUNICIPAL. This support is not available once the Licensee makes any alterations, additions or deletions to the application and is to be limited to: (i) Within the first two weeks of delivery, all support questions are directed to the developer(s) involved with the application development. These may include questions of functionality, operability, explanation of how business processes have been implemented, and any questions of warranty. These questions may be posed at any time between 8:30AM and 4:30PM Pacific Time, Monday through Friday; (ii) After the first two weeks of delivery, but still within a month of delivery, it is requested that wherever possible questions are queued and consolidated so that an appointment with the application developer(s) may be booked. This will allow for the best possible use of time for everyone involved; (iii) After the first month of delivery, all questions should be asked through the normal technical support process. If the support issue requires assistance from the application developer(s), the technical support analyst will draw upon those resources as is required; (c) Telephone support for licenses described in Schedule "A" between the hours of 8:30AM and 8:30PM Eastern Time, Monday through Friday; (d) Remote diagnosis of operational issues related to the PROGRAM and PROGRAM updates, provided that the Licensee has obtained, at its cost, the necessary software, hardware and instruction to allow MUNICIPAL to provide such assistance. (e) PROGRAM updates for licensed programs at no extra charge except for magnetic media and courier costs, these updates to include minor changes, enhancements, improvements, and problem resolutions (excludes all Xpress Licensees); In consideration of the services set out above, the Licensee agrees to pay for each Licensed User installation, the software maintenance charge which shall be submitted by MUNICIPAL no later than one month prior to the date of expiration as specified in Schedule “A” (excludes all Xpress Licensees). 3. ACCESS TO PROGRAM SOURCE CODE (excludes all Xpress Licensees) MUNICIPAL acknowledges that it has entered into an agreement (hereinafter called the “Escrow Agreement”) with Jones Emery Hargreaves Swan, Barristers and Solicitors, having an office at Suite 1212 - 1175 Douglas Street in the City of Victoria, in the Province of British Columbia. A copy of the Escrow Agreement is attached hereto as Schedule “B”. Said Escrow Agreement provides that a Licensee may gain access to program source code for purposes of maintaining and supporting their PROGRAM licenses all as provided in the Escrow Agreement. MUNICIPAL agrees that for so long as this Software License and Support Agreement is in effect it will deposit and periodically update, at MUNICIPAL’s sole cost, a copy of the current version of the PROGRAM source code for all programs for which the Licensee holds licenses as described in Schedule “A” attached hereto in Escrow. MUNICIPAL further agrees that for so long as this Software License and Support Agreement is in effect it will take no steps or actions which would have the effect of modifying or eliminating the Escrow Agreement without first having received written permission from the Licensee to so do. 4. TERM This Agreement is effective upon installation and/or payment of the license fee and shall remain in effect for the term set out in Schedule “A” attached hereto, and upon expiry of the initial term shall automatically renew for an identical term upon payment of the annual support and maintenance fee for the renewal term unless terminated by either party in accordance with the terms contained herein. The Licensee may terminate this Agreement upon the giving of not less than sixty (60) days written notice to MUNICIPAL prior to each anniversary date of this Agreement. The Licensee may also terminate this Agreement provided that MUNICIPAL is in breach of this Agreement and MUNICIPAL has not responded to the Licensee within thirty (30) days from the date of the written request of the Licensee, which response did not reasonably include an identification of the problem, the timetable for resolution, and the proposed scope of the work required to resolve the problem. MUNICIPAL can terminate this Agreement if the Licensee is in breach of this Agreement and fails to cure such breach within thirty (30) days after written notice from MUNICIPAL, including for non-payment within sixty (60) days of invoice date. In case of termination, the Licensee shall at the request of MUNICIPAL either: (a) Destroy the PROGRAM together with all copies, modifications and merged portions, or (b) Return the PROGRAM together with all copies, modifications, and merged portions to MUNICIPAL. Upon termination the Licensee shall certify in writing that the original and all copies, modifications and merged portions in any form have either been returned to MUNICIPAL or have been destroyed. Sections 5, 6, 7 and 8 shall continue on and survive notwithstanding termination of this Agreement. 5. MUNICIPAL'S PROPRIETARY RIGHTS The grant of the License herein contained permits the limited use of the PROGRAM by the Licensee. Title to and all property in the PROGRAM, its name, logo and computer stored data shall remain exclusively with MUNICIPAL. The Licensee hereby acknowledges that the PROGRAM is the property of MUNICIPAL, constitutes a MUNICIPAL trade secret, and agrees to exercise due care and diligence in safeguarding the PROGRAM and MUNICIPAL's proprietary interest. The Licensee also acknowledges that any negligence or deliberate violation of this Agreement on its part which results in failure to protect MUNICIPAL's proprietary interest in the PROGRAM shall actually and materially damage MUNICIPAL. In order to ensure compliance with the terms of this Agreement, MUNICIPAL shall be entitled, upon reasonable notice to Licensee and subject to MUNICIPAL’s compliance with Licensee’s reasonable security measures, to enter upon the Licensee's premises during normal business hours and require the Licensee to produce such information, records and documents as may be required to ascertain compliance. MUNICIPAL may revise or update the PROGRAM or its product from time to time but shall have no obligation to provide such revision or update to the Licensee, unless the Licensee has paid in full the Annual Software Maintenance fee. 6. LIMITED WARRANTY MUNICIPAL warrants only that: (a) the PROGRAM furnished, and all subsequent PROGRAM updates, shall function as set forth in the user documentation accompanying the PROGRAM; and, (b) the CD or diskette or cassette or magnetic tape on which the PROGRAM (including PROGRAM updates) is provided, shall be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of delivery to the Licensee as evidenced by the Licensee's delivery receipt. Except as specifically provided above, MUNICIPAL expressly disclaims all warranties in the PROGRAM, including, but not limited to the implied warranties of quality or fitness for a particular purpose. The Licensee assumes sole responsibility for the selection of the PROGRAM to achieve the Licensee's intended results, and for the installation, use and results obtained from the PROGRAM. 7. LIMITATIONS OF REMEDIES MUNICIPAL's entire liability and the Licensee's exclusive remedy shall be: (a) The replacement of any CD or diskette or cassette not meeting MUNICIPAL's "limited warranty" and which is returned to MUNICIPAL with a copy of the Licensee's receipt, or (b) If MUNICIPAL is unable to deliver a replacement CD or diskette or cassette which is free of defects in materials or workmanship, the Licensee may terminate this Agreement by returning the PROGRAM to MUNICIPAL for a refund in full of licensing fees only as long as such refund is requested within three (3) months of the anniversary date of this Agreement. In no event shall MUNICIPAL be liable to the Licensee for any damages, including any lost profits, lost savings, or other incidental or consequential damages arising out of the use or inability to use the PROGRAM even if MUNICIPAL has been advised of the possibility of such damages, or for any claim by any other party. 8. INJUNCTIVE RELIEF The Licensee agrees that the breach of any term, provision or condition of this Agreement by the Licensee may cause irreparable damage to MUNICIPAL in which case an award of damages may not be adequate relief to MUNICIPAL. Therefore, the Licensee agrees that in addition to all the remedies available to MUNICIPAL in the event of any breach of this Agreement by the Licensee, MUNICIPAL shall have the right to obtain timely injunctive relief to protect its proprietary right. 9. GOVERNING LAW The validity and interpretation of this Agreement and each clause and part thereof shall be governed by the law of the Province of British Columbia without reference to principles of conflict of laws. 10. ENTIRE AGREEMENT This Agreement contains all the terms and conditions agreed on by the parties hereto with regard to the matters dealt with herein, and no understandings or agreements, verbal or otherwise, exist between the parties except as herein expressly set out. 11. RIGHT TO ASSIGN This Agreement and the rights and liabilities hereunder shall not be assigned by the Licensee unless consent in writing is obtained from MUNICIPAL. 12. SUCCESSORS AND ASSIGNS This Agreement shall inure to the benefit of and be binding upon the respective successors and permitted assigns of the parties. 13. DELIVERY AND PAYMENT Acceptance of delivery of payment of the licenses or software maintenance constitutes acceptance of the terms of this Agreement. Vendor Original 11 Copies Fee Proposal Accela Yes 10 Copies 10 Copies Tyler Tech/MUNIS Div. Yes Yes Yes Hansen Yes Yes Yes Municipal Software Yes Yes Yes Eden Systems Yes Yes 1 Copy Computronix Yes Yes Yes Innoprise Yes Yes Yes Builderadius Yes Yes Yes CRW DesLauriers Municipal Solutions Optimus Corporation Soft-Designs, Inc. Integrated Information Systems Sungard Pentamation VisiCraft Systems, Inc. Method Factory High Tide Software CSDC Systems Baetronics LLC Aleriant System Automation Cboss Internet Brandt Information Services Cole Layer Trumble IST2 CompUSA Duration Software, Inc. KamTech Systems, LLC RFP 04-114 License & Inspection Software Consulting, Implementation & Technical Services Augusta Business & License RFP Due: Tuesday, September 21, 2004 @ 3:00 p.m. 1 CONTRACTUAL SERVICES AGREEMENT THIS AGREEMENT (hereinafter the "Agreement") is made this ______ day of ______________, 2006, (the "Effective Date") by and between Augusta, GA, a political subdivision of the State of Georgia, with its place of business at 530 Greene Street, Augusta, GA U.S.A., 30911, (hereinafter the "City"), and Municipal Software Corporation, a British Columbia incorporated company, with its principal place of business at 4464 Markham Street, Suite 1108, Victoria, BC, V8Z 7X8 (hereinafter the "Vendor"). The City and the Vendor are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties." RECITALS A. The Vendor desires to perform and assume responsibility and obligation for the provision of certain professional services, as hereinafter described, on the terms and conditions set forth herein. Vendor represents that it is experienced in providing business process automation and implementation services to public clients, is licensed to do business in the State of Georgia, and is familiar with the scope of work of the City. B. The City desires to engage Vendor to render such services, as hereinafter described, for the License & Inspection Software Implementation Project (the “Project”) on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the City and the Vendor agree as follows: OPERATIVE PROVISIONS SECTION I ENGAGEMENT AND SERVICES OF THE VENDOR 1. Engagement of Vendor. The City hereby engages the Vendor, and the Vendor promises and agrees to furnish to the City, subject to the terms and conditions set forth in this Agreement, all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional services necessary for the Project (the "Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. The Vendor agrees to perform the Services in accordance with the terms and conditions of this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations in effect at the time the Services are provided. The Services include all activities necessary to successfully implement the Software and System Requirements found in Augusta RFP 04-114, except those requirements noted in the Vendor response as unavailable, for which the Vendor submitted a revised proposal on September 8, 2006. The Vendor agrees that the Software and System Requirements and the Vendor’s response to same as received on September 8, 2006 are incorporated herein by reference, and that the Vendor is bound by the response to those requirements unless a change has been permitted in writing by the City. 2 2. Performance of the Vendor; Standard of Care. The Vendor accepts the relationship of trust and confidence established between the City and the Vendor by the terms of this Agreement. The Vendor covenants with the City to perform all Services under this Agreement in a skillful and competent manner, consistent with or in excess of the standards of skill, quality and care adhered to by recognized professionals in the same discipline in the State of Georgia while performing services of a like or similar nature under like or similar circumstances. Vendor represents and maintains that it is skilled in the professional calling necessary to perform the Services, and that it shall consider all recent proven and tested methods known and successfully employed by recognized professionals in the same discipline in the state of Georgia. Vendor shall also cooperate with the City and any other consultants or contractors engaged by or on behalf of the City in performance of the Project. The Vendor covenants to use its commercially reasonable efforts to perform its duties and obligations under this Agreement in an efficient, expeditious and economical manner, consistent with the best interests of the City and the professional standard of care set forth in this Agreement. SECTION II RESPONSIBILITIES OF THE VENDOR 1. The Vendor's Responsibilities for Costs and Expenses. Except as otherwise expressly stated herein, the Vendor shall be solely responsible for all costs and expenses incurred relative to the Vendor, personnel of the Vendor and sub-Vendors of the Vendor in connection with the performance of the Services, including, without limitation, payment of salaries, fringe benefits contributions, payroll taxes, withholding taxes and other taxes or levies, office overhead expense, travel expenses, telephone and other telecommunication expenses, and document reproduction expenses. 2. Independent Contractor. The Services shall be performed by Vendor or under its supervision. Vendor shall determine the means, methods and details of performing the Services subject to the requirements of this Agreement. The Vendor represents that it possesses the professional and technical personnel required to perform the Services. The City retains Vendor on an independent contractor basis and not as an employee of the City. Vendor retains the right to perform similar or different services for others during the term of this Agreement. The personnel performing the Services on behalf of the Vendor shall at all times be under the Vendor's exclusive direction and control. The Vendor shall pay all expenses, including, without limitation, all wages, salaries, fringe benefit contributions, payroll taxes, withholding taxes, other taxes or levies and all other amounts due such personnel for the Services or due others as a result of the performance by such personnel of the Services. Vendor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to, all reports for social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3. Vendor’s Project Manager. The Vendor shall designate and assign a project manager ("Project Manager"), who shall coordinate all phases of the Services and act as the Vendor’s representative for performance of this Agreement. The Project Manager shall 3 have full authority to represent and act on behalf of the Vendor for all purposes under this Agreement, and shall be available to the City at all reasonable times. The Project Manager shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures employed by Vendor’s personnel, as well as the satisfactory coordination of all portions of the Services under this Agreement. The Vendor designates Lee Crawford to be its Project Manager, but reserves the right to appoint another person as Project Manager upon written notice to the Vendor. 4. Key Personnel. Vendor has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Vendor may substitute other personnel of at least equal competence upon written approval of City. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Vendor at the request of the City. 5. Personnel; Licenses. The Vendor represents and warrants that it and all personnel engaged in performing Services are and shall be fully qualified, authorized and permitted under state and local law to perform such Services. The Vendor shall be responsible to City for any errors or omissions in the execution of the Services under this Agreement. The Vendor represents and warrants that it and all personnel and sub-Vendors engaged in performing the Services have all licenses, permits, qualifications, and approvals of whatever nature that are legally required to perform the Services under this Agreement. The Vendor further represents and warrants that it, its employees and sub-Vendors shall keep in effect all such licenses, permits, qualifications and other approvals during the term of this Agreement. Any personnel performing Services under this Agreement who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, or a threat to the safety of persons or property, or any personnel who fail or refuse to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Vendor and shall not be re-employed to perform any of the Services or to work on the Project. 6. Licensee Security. The Vendor will sign a VPN Vendor Access Agreement with the Licensee, verifying that The Vendor will respect the integrity of Licensee’s network and security protocols. 7. Time of Performance. Vendor shall use commercially reasonable efforts to complete the services covered under and pursuant to this Agreement as directed by the City's Project Administrator by the date of project completion as described in Exhibit “D”, Project Schedule, (“the Completion Date”), unless earlier terminated as provided herein, or as may be modified by mutual written agreement. Vendor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with any schedule of services mutually acceptable to the Parties. 8. Software License and Support Agreement. The vendor will provide the software licenses identified in Exhibit “A” for the City’s use as governed by its Software License and 4 Support Agreement, a copy of which is attached as Exhibit “B”. 9. Escrow Agreement. The vendor has provided for a software escrow agreement, a copy of which is attached as Exhibit “C”, which provides for access to software source code under certain circumstances that are defined in the agreement. 10. Consistency with City Policies. City and Vendor Project Manager shall discuss in advance of all critical decision points all matters relating to the Services in order to ensure that the Services proceed in a manner consistent with the goals and policies of the City. 11. Conformance to Applicable Requirements. All aspects of the provision of the Services by Vendor shall conform to all applicable city, county, state, and federal laws, rules and regulations in effect at the time the services are provided. 12. Insurance. Without limiting the Vendor’s indemnification obligations, the Vendor shall obtain, provide and maintain during the term of this Agreement, at its own expense, a policy or policies of liability insurance of the type and amounts described below and satisfactory to the City. Vendor shall also require all of its sub-Vendors to obtain, provide, and maintain insurance which meets the same requirements contained herein. A. Prior to the commencement of the Services, the Vendor shall provide evidence satisfactory to the City that it has secured the following types and amounts of insurance: (1) Workers’ compensation insurance covering all employees and principals of the Vendor, in a minimum amount of $1 million per accident; (2) Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million per occurrence for bodily injury, personal injury, and property damage. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit; (3) Commercial auto liability and property insurance covering “any auto” with a minimum limit of $1 million combined single limit per accident for bodily injury and property damage. (4) Errors and omissions professional liability insurance appropriate to Vendor’s profession. Such insurance shall be in an amount not less than $850,000 per claim, and shall be endorsed to include contractual liability. B. The commercial general liability and automobile policies shall contain the following provisions, or Vendor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies: (1) the City, its officials, officers, employees and agents shall be covered as additional insureds 5 with respect to the Services or operations performed by or on behalf of the Vendor, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the City, its officials, officers, employees and agents, or if excess, shall stand in an unbroken chain of coverage excess of the Vendor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City or its officials, officers, employees or agents shall be excess of the Vendor’s insurance and shall not be called upon to contribute with it in any way. D. All policies shall contain the following provisions, or Vendor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies: (1) coverage shall not be suspended, voided, canceled or reduced by either party except after thirty (30) days prior notice has been given in writing to the City; provided, however, in the case of non-payment of premium, ten (10) days notice will be provided; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, officers, employees and agents. E. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, officers, employees and agents. F. Any deductibles or self-insured retentions, or any revisions thereto made during the time such insurance is required to be maintained pursuant to this Agreement, must be declared to and approved by the City. If such deductibles or self-insured retentions are not acceptable to City, Vendor shall meet with City to determine an acceptable solution, such as, but not limited to: (1) reducing or eliminating such deductibles or self-insured retentions as respects the City, its officials, officers, employees and agents; or (2) Vendor’s procurement of a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. G. All Insurance is to be placed with insurers with a current A.M. Best’s rating no less than B+:VIII, licensed to do business in Georgia, and satisfactory to the City. H. Vendor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. I. The Vendor shall give to the City prompt and timely notice of any claim made or suit instituted arising out of the Vendor’s operation hereunder. The Vendor shall 6 also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and performance of the Services. J. The Vendor shall include subcontracting Vendors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each sub- Vendor. It is understood that additional insureds are not possible on the Vendor’s errors and omissions professional liability policy. All coverage for each sub- Vendor shall be subject to the requirements stated herein. 13. Prohibition Against Transfers. A. The Vendor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly by operation of law without the prior written consent of the City. Any attempt to do so without the prior written consent of the City shall be null and void, and any assignee, sub-lessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. 14. Progress. The Vendor is responsible to keep the City Project Manager and/or his or her duly authorized designee informed on a regular basis regarding the status and progress of the Services, activities performed and planned, and any meetings that have been scheduled or are desired relative to the Services or this Agreement. 15. Confidentiality. No news releases, including photographs, public announcements or confirmations of the same, of any part of the subject matter of this Agreement or any phase of the Services shall be made without prior written consent of the City, such consent to not be unreasonably withheld, and provided in a timely manner. The information which results from the Services in this Agreement is to be kept confidential, unless the release of information is authorized by the City. All Report Materials, either created by or provided to Vendor in connection with the performance of this Agreement, shall be held confidential by Vendor. Such materials shall not, without the prior written consent of City, by used by Vendor for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Vendor which is otherwise known to Vendor or is otherwise generally known, or has become known, to the related industry, shall be deemed confidential. Vendor shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. The Vendor acknowledges that this Agreement and certain documentation may be subject to the Georgia Open Records Act (O.C.G.A. § 50-18-70, et seq.). Vendor shall cooperate fully in responding to such requests and shall make all records, not exempt, available for inspection and copying as required by law. Vendor shall clearly mark any information provided to City which Vendor contends is Proprietary Information. Vendor shall notify City immediately of any Open Records request arising out of this contract and shall provide to City a copy of any response to the same. 7 16. No Set Hours/Right to Contract. The Vendor’s obligation hereunder is to complete the Services in accordance with this Agreement and to meet any deadlines established pursuant to this Agreement. The Vendor has no obligation to work any particular schedule, hours or days, or any particular number of hours or days. However, the Vendor shall coordinate with the City in achieving the results and meeting the goals established pursuant to this Agreement. 17. Accounting Records. Vendor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Vendor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Vendor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 18. Safety. Vendor shall execute and maintain its Services so as to avoid injury or damage to any person or property. In carrying out its Services, the Vendor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. 19. Performance Bond. Prior to the making of this contract, Vendor shall have obtained a performance bond in the amount of $400,000 (Four Hundred Thousand Dollars). Proof of the acquisition of the bond shall be provided to the City and attached to the contract as Exhibit “E”. SECTION III RESPONSIBILITIES OF THE CITY 1. Cooperation. The City shall cooperate with the Vendor relative to the provisions of the Services. To the extent permitted by applicable law, the City shall provide criteria and information in its possession, or reasonably obtainable by it, as requested by Vendor, and shall make that information and related data available for Vendor’s use during the performance of this Agreement. The City shall render decisions required by this Agreement within the time indicated, or if not specifically stated, with reasonable promptness so as not to unduly delay the progress of Vendor’s Services. 2. City’s Project Manager and Project Staff. The City shall designate and assign a City project manager (“City Project Manager”) who shall have full authority to represent and act on behalf of the City for all purposes under this Agreement. The City Project Manager, or his/her designee, shall be the principal officer of the City for liaison with the Vendor, and shall review and give approval to the details of the Services as they are performed, in particular, but not exhaustively, Project Plan, Functional Requirement Specifications, Statements of Work, Acceptance Plans, Statements of Completion, Change Order Requests. In addition, the City Project Manager shall ensure proper and timely availability of all City personnel required by the Vendor for successful completion of project tasks, in particular, but not exhaustively, Business and Systems Analysts, IT 8 staff, Subject Matter Experts. The City designates Debbie Freeman to be its City Project Manager, but reserves the right to appoint another person as City Project Manager upon written notice to the Vendor. 3. Project Plan. The City shall be responsible for meeting specific milestones and providing specific deliverables that have been agreed to in Exhibit D. Should the City fail to meet the agreed milestones or to provide the agreed deliverables, the Vendor will inform the City of the consequences thereof and reserves the right to modify the project plan accordingly. SECTION IV COMPENSATION 1. Compensation. In consideration of the performance by Vendor of the Services, the City shall pay to the Vendor compensation at the rates set forth in Exhibit “A” attached hereto and incorporated herein by reference. While estimates have been provided for certain work items in the project, such as data conversion, total compensation under this Agreement shall not exceed the Total Project amount as indicated in Exhibit “A” without written approval of the City Administrator or the Augusta Commission depending on the amount of the excess and the reason why the initial amount was insufficient. 2. Extra Service. The Vendor shall not receive additional compensation for any extra service unless such extra service has been authorized in writing by the City prior to the commencement of the extra service. The City shall pay the Vendor for extra service in accordance with the fee schedule set forth in Exhibit “A”. As used herein, “Extra Service” means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. 3. Payment of Compensation. The Vendor shall submit invoices to the City as defined in the payment milestones in Exhibit A, or on such other basis as may be mutually agreed upon by the Parties. Each invoice will be itemized. The City shall make payments to the Vendor within thirty (30) days following the date of receipt of the invoice, unless the City disputes the amount of the Compensation the Vendor claims it is owed under this Agreement. Any disputed amount shall be handled as discussed herein. 4. Reimbursements. Vendor shall not be reimbursed for any expenses unless authorized in writing by City. Such reimbursable expenses, if approved, shall include only those expenses which are reasonably and necessarily incurred by Vendor in the interests of the Project. Reimbursable expenses will be paid only at the actual cost to the Vendor, with no mark-up for overhead or profit. 5. Disputed Sums. The City will withhold up to one hundred percent (100%) of any disputed portion of Compensation until resolution of the dispute with the Vendor. Such withholding shall only take place due to non-performance of the Vendor, with non- performance being defined as the inability to complete the project or parts thereof when Augusta has fulfilled its obligation to the vendor, and shall not be deemed to constitute a failure to pay by the City. The Vendor shall not have the right to allege a breach of this 9 Agreement for failure to pay by the City and to discontinue its performance of the Services hereunder for a period of thirty (30) days from the date Compensation is withheld hereunder. The City’s Project Manager and the Vendor’s Project Manager shall attempt to promptly resolve the dispute. The Vendor shall have an immediate right to appeal to the City Administrator with respect to withheld amounts. The determination of the City Administrator with respect to such matters shall be final, subject to the mediation and arbitration provisions provided herein. Nothing herein shall be construed as limiting the Parties rights to pursue all available legal remedies. 6. Mediation. Should any dispute arise out of the termination or abandonment of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within thirty (30) days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by the American Arbitration Association, Judicial Arbitration and Mediation Service (JAMS) or other agreed-upon service. The mediator shall be selected by a “blindfolded” process. The mediation shall take place in Augusta, Georgia. The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action arising out of the termination or abandonment of this agreement without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than thirty (30) days, unless the parties extend the maximum time by mutual agreement. SECTION V EXPIRATION AND TERMINATION 1. Events of Default. Each of the following events shall constitute an “Event of Default”: A. The Vendor shall fail to observe, perform or comply with any material term, covenant, agreement or condition of this Agreement which is to be observed, performed or complied with by the Vendor, if such failure continues uncured for thirty (30) calendar days after the City gives the Vendor written notice of the failure and the specific nature of such failure. B. The Vendor shall commit any fraud, misrepresentation, breach of fiduciary duty, willful misconduct, or intentional breach of any provision of this Agreement. 2. Termination Upon Event of Default. In addition to any other available legal or equitable rights or remedies, upon an Event of Default by the Vendor, the City shall have the right to terminate this Agreement upon at least thirty (30) days written notice to the Vendor. 3. Expiration. Unless extended as provided for herein, this Agreement shall naturally expire on the Completion Date. 4. Payment Upon Termination. Upon a termination of this Agreement, the City shall pay to the Vendor the part of the Compensation which would otherwise be payable to the 10 Vendor with respect to the Services which had been adequately completed as of the date of termination, less the amount of all previous payments with respect to the Compensation. 5. Termination by Vendor. Vendor may terminate this Agreement only upon the substantial breach by the City of a material provision of this Agreement including failure to pay. 6. Termination by Either Party. In the event of termination of this Agreement by either the City or the Vendor, both agree to the following: A. Licensee shall destroy the PROGRAM as defined in the Software License and Support Agreement, Exhibit “B”, together with all copies, modifications and merged portions, or B. Return the PROGRAM together with all copies, modifications and merged portions to MUNICIPAL. C. Likewise, MUNICIPAL shall certify in writing that all proprietary information, data, schema, or documentation belonging to Licensee have either been returned to Licensee or destroyed. SECTION VI GENERAL PROVISIONS 1. Nondiscrimination by the Vendor. The Vendor represents and agrees that the Vendor, its affiliates, subsidiaries, or holding companies do not and will not discriminate against any subcontractor, Vendor, employee, or applicant for employment because of race, religion, color, sex, handicap, national origin or any other protected classification under federal or state law. Such nondiscrimination shall include, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 2. City’s Rights to Employ Other Vendors. The City reserves the right to employ other Vendors in connection with this Project. 3. Conflicts of Interest; Prohibited Interests. Vendor maintains and warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Vendor, to solicit or secure this Agreement. Further, Vendor warrants that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for Vendor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 11 4. Subcontracting. The Vendor shall not subcontract any portion of the Services except as expressly stated herein, without prior written consent of the City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 5. Waiver. No waiver of any default shall constitute a waiver of any other breach or default, whether of the same or any other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by other parties shall give the other any contractual right by custom, estoppel, or otherwise. 6. Notices. All notices required hereunder shall be given in writing to the following addresses or such other addresses as the parties may designate by written notice: To the City: Tameka Allen, IT Director 530 Greene Street, A-101 Augusta, GA 30911 T: 706.821.2522 F: 706.821.2530 Copies to: Fred Russell, City Administrator 530 Greene Street, Room 801 Augusta, GA 30911 T: 706.821.2400 To the Vendor: Municipal Software Corporation Suite 1108, 4464 Markham Street Victoria, BC V8Z 7X8 Attention: Iain McLean, CEO Notice shall be deemed received as follows, depending upon the method of transmittal: by facsimile, as of the date and time sent; by messenger, as of the date delivered; and by U.S. Mail, certified, return receipt requested, as of five (5) days after deposit in the U.S. Mail. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 7. Authority to Enter Agreement. The Vendor has all requisite power and authority to conduct its business and to execute, deliver and perform all of its obligations under this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to enter into this Agreement so as to bind each respective Party to perform the conditions contemplated herein. 8. Severability. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect. 9. Time is of the Essence. Time is of the essence in this Agreement, and all parties agree to 12 execute all documents and to proceed with due diligence to complete all covenants and conditions set forth herein. 10. Attorneys’ Fees and Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default, or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled. 11. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia. All claims, disputes and other matters in question between the City and the Vendor arising out of, or relating to, this Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. Vendor, by executing this Agreement, specifically consents to venue and jurisdiction in Richmond County, Georgia and waives any right to contest jurisdiction and venue in said Court. 12. Days. Any term in this Agreement referencing time, days, or period for performance shall be deemed to be calendar days and not work days. 13. Entire Agreement. This Agreement contains the entire agreement of the City and the Vendor, and supersedes any prior or written statements or agreements between the City and the Vendor. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by both Parties. 14. Binding on Assigns. Each and all of the covenants and conditions of this Agreement shall be binding on, and shall inure to, the benefit of the successors and assigns of the respective parties. 15. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument. 16. Captions. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment or describe the scope, content or intent of this Agreement. 17. Construction. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language in all parts of this Agreement shall be construed simply, according to its fair meaning and not strictly for or against any party. 18. Cooperation/Further Acts. The Parties shall fully cooperate with one another in attaining the purposes of this Agreement. In connection therewith, the Parties shall take any additional further acts and steps and sign any additional documents as may be necessary, appropriate and convenient to attain the purposes of this Agreement. 20. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 13 21. Incorporation of Recitals and Exhibits. A. The “Recitals” constitute a material part hereof, and are hereby incorporated into the Agreement by reference as though fully set forth herein. B. The “Exhibits” constitute a material part hereof, and are hereby incorporated into the Agreement by reference as though fully set forth herein. The terms “Attachment”, “Exhibit”, and “Schedule” shall be synonymous for purposes of this agreement. 22. References. All references to the Vendor shall include all personnel, employees agents and sub- Vendors of the Vendor. 23. System Acceptance. “System Acceptance” as used herein means the date on which all of the following events have taken place: A. 30 days have passed since “Go-Live”. B. All System Requirements have been successfully completed, or arrangements have been made to complete them at a later date. The demonstration of the delivered solution meeting all System Requirements is the Vendor’s right and responsibility. In the event that arrangements have been made to complete some of the System Requirements at a later date, this must be with the written approval of the Director of License & Inspections, whose operations would be impacted by the inability of the Vendor to fully implement their software. Such delays may be subject to liquidated damages, at the discretion of the City, as described in Section II, Item 6 above. 24. Go-Live. “Go-Live” shall be the date on which the software is expected to be placed into operational use by the Customer. On this date, software is expected to operate per the Software and System Requirements found in Augusta RFP 04-114, for which the Vendor submitted a revised proposal on September 8, 2006, except those requirements noted in the Vendor response as unavailable. The “Go-Live” date is also the beginning of the System Acceptance period as described above. 25. Precedence of Documents. For the resolution and interpretation of any inconsistencies in this Agreement and/or the Exhibits or Attachments hereto which are incorporated herein by this reference, the terms and conditions of this Agreement shall take precedence over any Exhibits or Attachments hereto and any inconsistency between the Exhibits and Attachments will be resolved by the priority in which they are listed as Exhibits. 26. Survival. Section II (6) (Licensee Security), Section II (15) (Confidentiality), Section V (6) (Termination by Either Party), Section VI (11) (Governing Law and Venue), and Exhibit “A” (Payment Milestones and Project Deliverables), along with any other provisions which by their terms survive, shall survive the expiration or termination of this Agreement. 14 Wherefore the above referenced parties have caused this agreement to be executed in two originals by and through their duly authorized officials: FOR CITY: MUNICIPAL SOFTWARE: By: _______________________ By: Deke Copenhaver Iain McLean Mayor Chief Executive Officer Attest: _______________________ By: Lena Bonner Robert Bennett Clerk of Commission President 15 EXHIBIT A PAYMENT MILESTONES AND PROJECT DELIVERABLES 16 EXHIBIT B ESCROW AGREEMENT 17 EXHIBIT C SOFTWARE LICENSE AND MAINTENANCE AGREEMENT 18 EXHIBIT D PROJECT SCHEDULE 19 EXHIBIT E PERFORMANCE BOND City of Augusta, GA Exhibit A Payment Milestones and Project Deliverables Software Licensing Deliverables Payment Milestone Payment Terms Software Licenses Include: 30 CityView Application Client - Desktop 1 CityView Application Client - Browser 1 CityView Server 10 CityView GIS Extensions 1 CityView Application Builder PreBuilts: 1 CityView Property Information 1 CityView Permits & Inspections 1 CityView Code Enforcement 1 CityView Licensing 1 CityView Cashiering Municipal Software Corporation (MSC) will: • Set up as a client on File Transfer Protocol (FTP) site • Provide documentation to download the latest version of CityView off the FTP site • Send the licensing key for CityView Licenses • Provide documentation to download the PreBuilts from the FTP site $154,000.00 Invoiced 55% on execution of the contract and due net 30 days; 35% upon Installation as identified in the Payment Milestones below and 10% upon Acceptance. PreBuilt Implementation Deliverables Payment Milestone Payment Terms Subject Matter Expert (SME) Training 4.5 days of onsite SME Training with up to 4 students per day for each PreBuilt. Includes Travel. $14,742.00 Invoiced upon scheduling of the training and due on or before the first day of training Project Kickoff Data Collection (onsite) Onsite meeting to collect required process, lookup and historical data. Concurrent with SME Training above. $11,340.00 Due upon completion of onsite data collection Configuration Configure PreBuilts based on Client Information provided in the Worksheets. $23,940.00 Due upon completion of the configuration Initial Data Conversion Convert both data into the Client database. Validate data conversion with client and test environment. In this proposal we have provided an estimated cost for data conversion based on our experience with similar projects. The amount estimated assumes that the data is clean and exported in an acceptable format (SQL Server, .mdb, .dbf, or .txt). Once the actual data conversion process has been reviewed and the exact data conversion needs determined, this may be subject to change. These needs will be identified during the data collection step with the process and exact cost documented in the project plan. $15,120.00 Due upon completion of the initial data conversion Installation (remote) Setup environments (production & test) on client site. Test to ensure proper operation. May require on site setup determined at Kickoff Meeting. $3,780.00 Due upon completion of the remote installation Fine-tuning and Validation Validate initial configuration with the client onsite and implement any refinements arising out of the validation. $22,680.00 Due upon completion of fine- tuning and validation Customization Completion and delivery of all customizations to perform Excise Tax functions and report completion. $85,968.00 60% upon completion of first installation; 40% upon completion of second install. User Training Onsite training for users of the PreBuilts: • Property Information (1 day, 3 students) • Permits & Inspections (3 days, 24 students) • Code Enforcement (2 days, 16 students) • Licensing (2 days, 19 students) • Cashiering (1 day, 4 students) Includes Travel $28,098.00 Invoiced upon scheduling of the training and due on or before the first day of training Data Update / Install (Remote) Final data update/conversion to get current data into client database for go-live. Must be the same scripts used in initial data conversion. Data must be verified by both MSC and Client before go-live. Sign off required. $3,780.00 Due upon completion of final data conversion Total Services $166,608.00 Total Training $42,840.00 Annual Software Maintenance Deliverables Payment Milestone Payment Terms Annual Software Maintenance (ASM) Provides: • All major and minor software upgrades • Unlimited technical support; • Prepaid attendance at the annual User Conference for 1 attendee, including all registration, travel, accommodation and meal costs during the conference schedule (meals on travel days are not covered); • Unlimited access to the Municipal Software FTP site • Unlimited access to the Municipal Software Knowledgeshare $30,800.00 The mandatory Annual Software Maintenance fee becomes due on Go- Live of first PreBuilt and annually, upon the anniversary of Go-Live date. The first year ASM is waived, therefore the mandatory ASM is due upon the anniversary of the Go-Live date of first PreBuilt. The ASM will not increase more than 2% of the prior year amount per year, provided that Licensee does not procure additional licenses, in which case the Annual Support and Maintenance Fee shall increase by the amount necessary to cover the new licenses. In this case, the fee amount for the pre-existing licenses shall not increase more than 2% over the prior year amount. Annual CityView Public Portal Provides unlimited access to 199,775 citizens in your jurisdiction for an annual fee which is revised annually according to your official population figures. $19,978 Due on system Go-Live of first PreBuilt and annually, upon the anniversary of Go-Live date Optional Services Deliverables Payment Milestone Payment Terms High Level Requirements Analysis to determine Gap-to-Fit for Licensing PreBuilt and customization of the Licensing PreBuilt to accommodate Excise Tax Requirements. Review or provide Process Flow Diagrams (PFD's). 7 days onsite and 7 days offsite. Travel is included. $20,100.00 Due upon receipt of the report or document. Interface Design and Implementation Services Integration with Augusta’s GBA Complaint Tracking system. Augusta to provide Oracle database work in order to have their system call Web Services in CityView. Municipal is to build the interface within CityView to accept the call from Web Services. $8,160 Due upon receipt of the services provided. Total Optional Services $28,260.00 Optional Training Deliverables Payment Milestone Payment Terms Designer 1 day course on designing forms and creating new applications with CityView Application Builder. $1,800.00 Invoiced upon scheduling of the training and due on or before the first day of training Report Writer 1 day course on creating new forms. $1,800.00 Invoiced upon scheduling of the training and due on or before the first day of training Travel Expenses $1,800.00 Invoiced upon scheduling of the training and due on or before the first day of training Total Optional Training $5,400.00 Summary of Project Costs Price Total Services $194,868.00 Total Training $48,240.00 Total Client Services (Services & Training) $243,108.00 Total Licensing $154,000.00 Total Project $397,108.00 Request for Proposal RFP’s will be received at this office until 3:00 p.m., Tuesday, September 21, 2004 RFP #04-114 License & Inspection Software-Consulting, Implementation & Technical Services RFP’s will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams Purchasing Department 530 Greene Street - Room 605 Augusta, Georgia 30911 706-821-2422 RFP documents may be obtained at the office of the Augusta, GA Purchasing Department, 530 Greene Street – Room 605, Augusta, GA 30911 All questions must be submitted in writing to the office of the Purchasing Department by fax at 706-821-2811 or by mail. The last day to submit questions is Friday, August 27, 2004 by 2:00 p.m. No RFP 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 RFP may be withdrawn for a period of 120 days after time has been called on the date of opening. The Owner reserves the right to reject any or all RFP’s and to waive technicalities and informalities. Please mark RFP number on the outside of the envelope. Bidders are cautioned that sequestration of RFP documents through any source other than the office of the Purchasing Department is not advisable. Acquisition of RFP 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 Human Resources Department at 706-821-2303. GERI A. SAMS, Purchasing Director Publish: Augusta Chronicle August 5, 12, 19, 26, 2004 Augusta Focus August 12, 2004 cc: Tameka Allen Augusta, GA Interim Deputy Administrator Brenda Byrd-Pelaez Augusta, GA Human Resources Rob Sherman Augusta, GA License & Inspection Debbie Freeman Augusta, GA Information Technology FAX TRANSMISSION AUGUSTA-RICHMOND COUNTY CONSOLIDATED GOVERNMENT 530 Greene Street - Room 605 Augusta, Georgia 30911 706 821-2422 Fax: 706 821-2811 To: Southeastern Newspaper Date: July 29, 2004 Fax #: 706 823-3588 Pages: From: Geri A. Sams 2, including this cover sheet. Subject: LEGAL NOTICES FOR RFP ITEM: #04-114 COMMENTS: Please print the above RFP Item(s) on the following dates: August 5, 12, 19, 26, 2004 REQUISITION #43600A Please send an affidavit of publication. FAX TRANSMISSION AUGUSTA-RICHMOND COUNTY CONSOLIDATED GOVERNMENT 530 Greene Street - Room 605 Augusta, Georgia 30911 706 821-2422 Fax: 706 821-2811 To: Augusta Focus Date: July 29, 2004 Fax #: 706 724-8432 Pages: From: Geri A. Sams 2, including this cover sheet. Subject: LEGAL NOTICES FOR RFP ITEM: #04-114 COMMENTS: Please print the above RFP Item(s) on the following dates: August 12, 2004 REQUISITION #43600B Please send an affidavit of publication. Commission Meeting Agenda 1/16/2007 2:00 PM Massage Application Department:License & Inspections Caption:Motion to approve a request by Richard Cutler for a Therapeutic Massage Operators license to be used in connection with The Club At Raes Creek located at 3206 W Wimbledon Dr. District 3. Super District 10. (Approved by Public Services Committee January 9, 2007) Background:The applicant already has a business license as well as an alcohol license at his Tennis complex. 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 & Inspections 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 1/16/2007 2:00 PM Massage Application Department:License & Inspections Caption:Motion to approve a request by Rhiannon Hubbard-Graham for a Therapeutic Massage license to be used in connection with Rhiannon Hubbard-Graham at The Club At Raes Creek located at 3206 W Wimbledon Dr. District 3. Super District 10. (Approved by Public Services Committee January 9, 2007 Background:The applicant held a license in Richmond County previously at Bella Salon. 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 & Inspections 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 1/16/2007 2:00 PM Newman Tennis Center Department:Clerk of Commission Caption:Motion to approve the issuance of an RFP or RFQ for the operation of the Newman Tennis Center. (Approved by Public Services Committee January 9, 2007) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 1/16/2007 2:00 PM The Transit System Flexibility Protection Act of 2006 Department:Augusta Public Transit Caption:Motion to approve, in resolution form, support of the Transit System Flexibility Protection Act Of 2006. (Approved by Public Services Committee January 9, 2007) Background:Several years ago, federal operating assistance was eliminated for transit systems in urbanized areas that went over 200,000 in population. Augusta Transit along with the likes of Atlanta, Chicago and Red Rose Transit to name a few, have fallen into this category. Systems with fewer than 100 peak buses (fixed-route) are generally considered to be small systems and should have flexibility with there federal operating funds. Analysis:Support of the agenda will strengthen public transit and assist in transit being having more flexibility with the federal dollars. Financial Impact:Support of the resolution will encourage the legislators to consider issues related to Public Transit. Alternatives:Non-approval. Recommendation:Approve the Resolution. See attached resolution. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Administrator. Clerk of Commission RESOLUTION SUPPORTING THE TRANSIT SYSTEM FLEXIBILITY PROTECTION ACT OF 2006 WHERE AS, public transportation systems serving urbanized areas (UZAs) exceeding 200,000 in population can not use federal funds for general operating expenses – only capital expenditures and asset maintenance. While the 200K- population threshold is used elsewhere in transportation formulas, crossing this threshold always carries benefits (access to more federal money), except in transit. There are now over 110 small transit systems (operating less than 100 peak buses) across the country that have lost the flexibility on the use of federal funds because they serve areas over 200K- population. WHERE AS, the manner in which the Commerce Department designates UZA’s is arbitrary and unfairly penalizes transit systems. Current law specifically states that UZA designation is not responsible for taking into account the actual area being served by small transit systems. Transit systems may only service a fraction of the urbanized area, but still be bound by the population of the entire urbanized area. The “myth” was that when the population exceeded 200K, the transit system was large enough that the asset maintenance costs equaled the funds that used to be available for operating costs. The reality is small transit systems operating less than 100 peak buses are generally lucky to have asset maintenance costs equal to 50% of the amount historically used for operating costs. WHERE AS, it is clear and logical, that the use of federal funds should be based on the number of peak buses being operated and not an arbitrary factor such as population. There are many cases of transit systems serving areas under 200K-population that have a higher number of peak buses, yet the use of federal funds is a local decision. Even worse, there are also many small transit systems that their urbanized areas were absorbed by larger UZAs and therefore lost flexibility on the use of federal funds. WHERE AS, of the over 110 transit systems, 55 systems went over the 200K-population threshold in the 2000 Census. Even though SAFTEA-LU phased out the use of operating assistance over two years, this is still resulting in many of these systems facing major service reductions of 20-30% or more in the very near future. These UZAs are some of the fastest growing areas in the country and this loss of flexibility and resulting service reductions will further exacerbate traffic congestion, air pollution, and energy usage in these areas, plus the loss of jobs. Population estimates show that another 20 or more transit systems will face the same loss of flexibility with the 2010 Census. WHERE AS, while the federal investment in capital and infrastructure is important and vital, it makes little sense for these transit systems to buy new buses or equipment that they can not afford to operate. WHERE AS, The 100 peak bus level is a generally recognized threshold in transit, including the FTA’s National Transit Data (NTD) reports. The Transit System Flexibility Protection Act will add an amendment to current law that allows operating costs of equipment and facilities for use in public transportation in an urbanized area with a population of more than 200,000, if such public transportation system operates less than 100 buses on fixed-route service during peak service hours. An important factor in providing this flexibility is that it does not require any additional funding to the transit systems. NOW, THEREFORE BE IT RESOLVED by the Augusta-Richmond County Commission that Augusta, Georgia, supports The Transit System Flexibility Protection Act. Duly adopted this day of January, 2007. The Augusta Richmond County Commission BY: Deke Copenhaver, Mayor ATTEST: By: Clerk of Commission Commission Meeting Agenda 1/16/2007 2:00 PM Olde Town Historic Designation Department:Planning Commission Caption:Motion to rescind designation of the Olde Town Neighborhood as a Local Historic District. (Approved by Administrative Services Committee January 8, 2007) Background:The Designation of Olde Town as an Historic District was initiated by the Olde Town Neighborhood and approved by the Historic Presevation Commission. The designation was finalized on December 19, 2006. A telephone call received on December 20, 2006 revealed that the notices of the public hearing required at 7-4-15 (c) were improperly mailed by the company that did the mail out. Owners and occupants were required by law to receive the notices, but the mail out went only to the occupants. As a result, the procedure requirements were violated and the whole process must be redone. The company that did the original mail out has agreed to cover all costs,. Correct notices are being sent out and a public hearing will be held by the Historic Preservation Commission at their January 25, 2007 meetring. The issue will be on the February 12, 2007 committee agenda and it will go back to the Augusta Commission on February 20, 2007. Analysis:The designation was done improperly and it must be undone and redone properly. The proposed action is to rescind the designation so that this process can start over. Financial Impact:None Alternatives:Really none Recommendation:Rescind the Designation of the Olde Town Neighborhood as a Local Historic District. Funds are Available in the Following Accounts: n/a REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 1/16/2007 2:00 PM Petition for Retirement of Mr. Charles R. Teasley Department:Human Resources Caption:Motion to approve retirement of Mr. Charles R. Teasley under the 1949 Pension Plan. (Approved by Administrative Services Committee January 8, 2007) Background:Under the 1949 Pension Plan, Sheriff and Fire Department Employees can voluntarily retire at the age of 55 at the completion 25 years of service. Other employees can voluntarily retire at the age of 60 at the completion of 25 years of service. Early Retirement Date is the first day of any month within five years of the Normal Retirement Date and after the completion of 20 years of service. Analysis:Mr. Teasley (age 58) is currently the Director of Augusta Animal Services. Mr. Teasley was hired on January 4, 1982; he joined the 49 Pension Plan on January 4, 1982. Mr. Teasley meets both the age and years of service requirements for early retirement in the 49 Pension Plan. His proposed retirement date is February 1, 2007. The normal retirement benefit payable to Mr. Teasley will be $2,414 per month (Life Only). Financial Impact:Funds are available in the 49 Pension Plan. Employee has contributed 8% of his salary towards his retirement since January 4, 1982. Alternatives:Do not approve Retirement of Mr. Teasley under the 1949 Pension Plan. Recommendation:Approve Retirement of Mr. Teasley under the 1949 Pension Plan. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Administrator. Clerk of Commission Commission Meeting Agenda 1/16/2007 2:00 PM Petition for Retirement of Mr. John W. Baxley Department:Human Resources Caption:Motion to approve retirement of Mr. John W. Baxley under the 1949 Pension Plan. (Approved by Administrative Services Committee January 8, 2007) Background:Under the 1949 Pension Plan, Sheriff and Fire Department Employees can voluntarily retire at the age of 55 at the completion 25 years of service. Other employees can voluntarily retire at the age of 60 at the completion of 25 years of service. Amount of Retirement Benefit: The participant is to receive a monthly retirement benefit of an amount equal to (a) 2.15% of the participants average earnings multiplied by the number of months of such credited service (up to a limit of 360 months), plus (b) 1.5% of the participants average earnings multiplied by the number of months of such credited service in excess of the 360 month limit. Payment of Retirement Benefit: The retirement benefit payable in the event of normal retirement shall be payable on the first day of each month. Analysis:Mr. John W. Baxley (age 55) is currently a Lieutenant with the Fire Department. Mr. Baxley was hired on October 11, 1971; he joined the 49 Pension Plan on October 11, 1971. Mr. Baxley meets both the age and years of service requirements of the 49 Plan. His proposed retirement date is January 2, 2007. The normal retirement benefit payable to Mr. Baxley will be $3,279 per month (Life Only). Financial Impact:Funds are available in the 49 Pension Plan. Employee has contributed 5% of his salary towards his retirement since October 11, 1971. Alternatives:Do not approve Retirement of Mr. John W. Baxley under the 1949 Pension Plan. Recommendation:Approve Retirement of Mr. John W. Baxley under the 1949 Pension Plan. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Administrator. Clerk of Commission Commission Meeting Agenda 1/16/2007 2:00 PM Abatement of taxes on Map and Parcel No: 040-0-075-00-0 Department:County Attorney - Stephen E. Shepard, Attorney Caption:Motion to approve the abatement of taxes on Map and Parcel No: 040-0-075-00-0. (Approved by Finance Committee January 9, 2007) Background:See Analysis. Analysis:As the delay in acceptance of this property in the Greenspace program was partly due to the lack of progress on this issue in the Augusta Government, it is my recommendation to abate the taxes for 2005, 2006, and in future years as Augusta, Georgia is the owner of the subject property. Consideration obtained by Augusta here is an increase in the area it has dedicated to Greenspace. Financial Impact:Total abated is not $7,889.69 since the deed if dedication was accepted by Augusta on June 27, 2006, taxes should have been in Augusta’s name for one-half of the year 2006. Therefore the total cost abatement is only for all of 2005 and one-half of 2006, to wit: $3,623.62 for 2005 and $2,133.03 for 2006 respectively totaling $4,766.65. Alternatives:None. Recommendation:Abate 2005 and 2006 taxes. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 1/16/2007 2:00 PM Alpha Phi Alpha Fraternity Inc. Department:Clerk of Commission Caption:Motion to approve a request from Alpha Phi Alpha Fraternity, Inc. regarding city sponsorship through the purchase of tickets for the 10th Annual Unity Breakfast. (Approved by Finance Committee January 9, 2007) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 1/16/2007 2:00 PM Augusta BioBusiness Center Department:Clerk of Commission Caption:Motion to approve a request from the Augusta BioBusiness Center for funding in the amount of $90,000 for the Life Sciences Incubator Infrastructure Project subject to the Administrator identifying a funding source. (Approved by Finance Committee January 9, 2007) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 1/16/2007 2:00 PM Augusta Convention and Visitors Bureau Department:Clerk of Commission Caption:Motion to approve accepting the Preserve America Grant in the amount of $100,000 ($50,000 in matching federal funds, $25,000 in in-kind contributions, and $25,000 in cash donations) for the Wayfinding Plan, to be administered by the Augusta Convention & Visitors Bureau; Approve amendment to the Augusta Convention & Visitors Bureau professional services contract to reflect a name change and modify the Tourism Grant Program and to keep under review with the CVB making periodic reports. (Approved by Finance Committee January 9, 2007) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 1/16/2007 2:00 PM Augusta Mini Theatre Taxes Department:Clerk of Commission Caption:Motion to approve a request from the Augusta Mini Theatre, Inc. regarding a waiver of property tax on its land at 2546 Deans Bridge Road. (Approved by Finance Committee January 9, 2007) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 1/16/2007 2:00 PM Continue Purchase of Commercial Property Insurance Department:Finance / Risk Management Division Caption:Motion to approve property insurance coverage for 2007 offered through AFFILLIATED FM Insurance for a premium of $227,906 on a $50,000 deductible policy. (Approved by Finance Committee January 9, 2007) Background:Dawson & Taylor Insurance Agency seeks annual quotes from the insurance market for coverage on buildings and contents. Quotes are obtained from only carriers with an A or better rating. Quotes have been received for the 2007 calendar year. AFFILLIATED FM Insurance is low bidder and is providing greater coverage for the exposure. The premium quote from this carrier, who is also our current carrier, is $230,406 (this includes $7,500 for an annual engineering fee) for $50,000 deductible policy. Bid is for blanket limit of $396,278,505 in property value. Analysis:Policy and premium comparison for commercial property insurance coverage for 2007: See attached chart Financial Impact:Premium for 2007 is $230,406for current property values of $396,278,505. Alternatives:1. Drop coverage and retain risk 2. Reduce premium by only insuring those property representing the largest losses should an event damage these structures (Municipal Building, Law Enforcement Center, RCCI, etc.) Recommendation:Approve insurance coverage for 2007 with AFFILLIATED FM Insurance with a $50,000 deductible for premium of $230,406. Effective date of coverage is February 1, 2007. Funds are Available in the Following Accounts: 611 015212 52.31110 Risk Management REVIEWED AND APPROVED BY: Finance. Administrator. Clerk of Commission ATTACHMENT AGENDA ITEM _____________ COMMERCIAL PROPERTY INSURANCE COVERAGE FOR 2007 POLICY & PREMIUM COMPARISON All risks of direct physical loss or damage, as defined in policies on Real Property, Personal Property, including the Extensions of Coverage per property schedule QUOTES FOR $50,000 DEDUCTIBLE: Insurance Company Coverage Deductible Premium Quote 1 AFFILIATED FM INSURANCE 396,278,505 50,000 230,406 Incl $7500 Engineering Fee 2 GREAT AMERICAN 396,278,505 50,000 233,093 3 TRAVELERS INSURANCE Declined to Quote NA NA QUOTES FOR $100,000 DEDUCTIBLE: Insurance Company Coverage Deductible Premium Quote 1. AFFILIATED FM INSURANCE 396,278,505 100,000 $220,024 Incl $7500 Engineering Fee 2. GREAT AMERICAN 396,278,505 100,000 214,685 3. TRAVELERS 396,278,505 100,000 277,395 4. CHUBB 250,000,000 100,000 $271,230 All risks and Terrorism are included in the above quotes; other major coverage’s with sub limits under the policies are as follows: ADDITIONAL COVERAGE: AFFILIATED GREAT AMERICAN TRAVELERS Flood 100,000,000 25,000,000 25,000,000 100,000 Ded 100,000 Ded 100,000 Ded Earth movement 100,000,000 10,000,000 25,000,000 100,000 Ded 100,000 Ded 100,000 Ded Boiler & Machinery Policy Limit 25,000,000 25,000,000 Extra Expense 5,000,000 Not Covered Not Covered Electronic Data Processing 4,000,000 4,000,000 4,000,000 Voting Machines 1,600,000 1,600,000 Actual Cash Value $10,000 Deductible Replacement Cost Replacement cost Valuable Papers 2,000,000 2,000,000 1,000,000 NOTE: Quotes obtained by current insurance agent, Mike Taylor, Jr. of Dawson, Taylor & Company Risk Mgt 12/14/2006 Commission Meeting Agenda 1/16/2007 2:00 PM Historic Augusta Department:Clerk of Commission Caption:Motion to authorize Historic Augusta, Inc. to prepare and submit a 2007 Historic Preservation Fund Grant application on behalf of the city of Augusta in order to produce a series of walking tour brochures for Downtown Augusta. (Approved by Finance Committee January 9, 2007) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 1/16/2007 2:00 PM January 2007 Refunds Department:Tax Assessor - Calvin Hicks, Chief Appraiser Caption:Motion to approve refund recommendations from the Board of Assessors for 9 accounts. (Approved by Finance Committee January 9, 2007) Background:See attachment Analysis:See attachment Financial Impact:See attachment Alternatives:None Recommendation:See attachment Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Administrator. Clerk of Commission Attachment page 1 of 3 REFUNDS Michelle L. Migone Map 12-2, Parcel 53 The legal description was omitted on the transfer deed for property purchased in 2003. We contacted the attorney’s office and the deed was corrected in 2006. We processed the ownership change and posted the homestead exemption for 2004-2006. Grant refund for 2004 and 2005 in the total amount of $736.58 (State $5.00; County $236.22; School $495.36). PCS Nitrogen and Air/Gas Carbonics Acct. # 2042063 Refund Request – Tax Years 2003, 2004, 2005 Basis of Refund – Economic class life Year 2003 – Return was filed March 23, 2003 and accepted as submitted. Year 2004 – Return was filed March 22, 2004 and accepted as submitted. Year 2005 – Return was filed March 28, 2005. Valuation notice sent May 26, 2005 (no appeal filed) Year 2006 – Return was filed March 23, 2006 Valuation notice sent May 24, 2006. Appeal filed June 20, 2006 Field checked July 11, 2006 Account was denied and certified to the BOE, October 10, 2006. Postponed until November 9, 2006 due to the appellant submitting additional information (referred back to the BOA) Class life of the machinery and equipment was changed due to the additional information. (BOA approved November 13, 2006) Machinery and equipment had been placed in Group III (13 years or more) for years. After additional information was submitted, we agree the machinery and equipment should be placed in Group II (8-12 years). Date original taxes paid are as follows: Year 2005 – October 3, 2005 Year 2004 – September 21, 2004 Year 2003 – November 17, 2003 Grant refund for 2003, 2004 & 2005 in the total amount of $135,488.59 (State $1,158.86; County $41,930.54; School $135,488.59) as follows: Year 2005 Refund - $45,386.93 Year 2004 Refund - $47,802.59 Year 2003 Refund - $42,299.07 Attachment page 2 of 3 Tracy Bryant Map 206, Parcel 11.05 Mobile home was incorrectly being taxed as both real estate and personal property for tax years 2004 and 2005. Mobile home was deleted from real estate and added to personal property in November, 2006. Grant refund for 2004 and 2005 in the total amount of $418.59. Helen May Mays Map 83, Parcel 29.01 Mobile home was incorrectly classified as a stick-built home. Value was changed for 2004 and 2005 to correct classification error. Grant refund for 2004 and 2005 in the total amount $2,188.67 (State $17.39; County $803.32; School $1,362.96). Eric J. Sterett Map 97-4, Parcel 65 We did not receive the application for an Enterprise Zone exemption until November, 2006. Exemption should have started in 2005. Grant refund for 2005 in the amount of $207.36. Bonnie Ruben Map 37-3, Parcel 147 Map 47-1, Parcel 46 The Board of Equalization recommended a review of the parcels due to a 2005 appeal, resulting in the correction of data and a decrease in value. Grant refund for 2005 in the amount of $2,428.14 (State $17.49; County $528.99; School $1,309.35; Urban $572.31). William Clemons Map 272, Parcel 170 Taxpayer contacted our office and requested review of improvement data. Corrected square footage of residence for 2004. Grant refund in the amount of $420.20 Paris Wilson, Jr. Map 27-3, Parcel 82 Taxpayer contacted our office and requested change of improvement status. House was damaged due to fire and considered unlivable for 2005. Attachment page 3 of 3 Grant refund for 2005 in the amount of $418.08 Textron, Inc. Map 135, Parcel 1.02 Map 135, Parcel 1.03 Based on a 2004 appeal the parcels were reviewed and square footage for improvements was corrected, resulting in lower values. Grant refund for 2004 and 2005 in the total amount of $25,293.83 (State $208.18; County $7,937.05; School $17,148.59). Commission Meeting Agenda 1/16/2007 2:00 PM Lucy Craft Laney Heritage Gala Department:Clerk of Commission Caption:Motion to approve a request from the Lucy Craft Laney Museum of Black History regarding city sponsorship through the purchase of tickets for the Lucy Craft Laney Heritage Gala. (Approved by Finance Committee January 9, 2007) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 1/16/2007 2:00 PM Paine College Masked Ball Department:Clerk of Commission Caption:Motion to approve a request from Paine College regarding city sponsorship through the purchase of tickets for the Masked Ball 2007. (Approved by Finance Committee Janaury 9, 2007) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 1/16/2007 2:00 PM Request to refund tax balance for property known as Map 36-4, parcel 168 Department:Tax Commissioner's Office - North Williamson, Chief Deputy Tax Commissioner Caption:Motion to approve a request to refund the tax balance for property known as Map 36-4, Parcel 168. (Approved by Finance Committee January 9, 2007) Background:The City acquired this property on December 15, 2006. The taxes had already been paid, and the pro rata share of the taxes due by the City is $98.43. Since the tax bill had already been paid prior to the acquisition by the City, there should be a refund paid to the Seller in the amount indicated above. Analysis:N/A Financial Impact:$98.43 Alternatives:None Recommendation:Refund the indicated amount. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Administrator. Clerk of Commission Commission Meeting Agenda 1/16/2007 2:00 PM Robert Harrison Retirement Department:County Attorney - Stephen E. Shepard, Attorney Caption:Motion to approve 1% disability retirement (non-work related) under the 1977 Pension Plan for Mr. Robert Harrison. (Approved by Finance January 9, 2007) Background:According to the 1977 Pension Plan, if an employee is totally and permanently disabled after five years of Credited Service, he or she may receive a monthly benefit equal to 1% of Average Earnings multiplied by years of Credited Service, reduced by any Workers’ Compensation payments. These benefits are payable upon Commission approval. Mr. Harrison is currently litigating his claim for Workers’ Compensation benefits. Analysis:Mr. Harrison (56 years of age) was employed by the Richmond County Sheriff’s Department from December 18, 1979 until _______________. Financial Impact:Pension funds are available to pay Mr. Harrison non-work related retirement benefits. Mr. Harrison has contributed 4% of his salary towards his retirement since December 1979. Alternatives:Do not approve 1% disability retirement under the 1977 Pension Plan and deny work-related retirement under the 1977 Pension Plan. Recommendation:Approve 1% disability (non-work related) retirement and deny work-related disability under the 1977 Pension Plan, as previously discussed in legal session. Funds are Available in the Following 1977 Pension Plan. Accounts: REVIEWED AND APPROVED BY: Administrator. Clerk of Commission Commission Meeting Agenda 1/16/2007 2:00 PM Tennis Supervisor Position Department: Caption:Motion to rescind the new Recreation Department's Tennis Supervisor position in the approved 2007 Budget. (Requested by Commissioner Marion Williams) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 1/16/2007 2:00 PM Thomas Alley Retirement Department:County Attorney - Stephen E. Shepard, Attorney Caption:Motion to approve 1% disability retirement (non-work related) under the 1977 Pension Plan for Mr. Thomas Alley. (Approved by Finance Committee January 9, 2007) Background:According to the 1977 Pension Plan, if an employee is totally and permanently disabled after five years of Credited Service, he or she may receive a monthly benefit equal to 1% of Average Earnings multiplied by years of Credited Service, reduced by any Workers’ Compensation payments. These benefits are payable upon Commission approval. Analysis:Mr. Alley (60 years of age) has been employed by the Richmond County Sheriff’s Department since October 20, 1996. Financial Impact:Pension funds are available to pay Mr. Alley non-work related retirement benefits. Mr. Harrison has contributed 4% of his salary towards his retirement since October 1996. Alternatives:Do not approve 1% disability retirement under the 1977 Pension Plan and deny work-related retirement under the 1977 Pension Plan. Recommendation:Approve 1% disability (non-work related) retirement and deny work-related disability under the 1977 Pension Plan, as previously discussed in legal session. Funds are Available in the Following Accounts: 1977 Pension Plan. REVIEWED AND APPROVED BY: Administrator. Clerk of Commission Commission Meeting Agenda 1/16/2007 2:00 PM Utilities- Ranger 4X4 Department:Finance Department-Fleet Management-Ron Crowden, Fleet Manager Caption:Motion to approve the acquisition of one compact 4x4 pickup truck (lowest bid offer on bid 06-177) for the Utilities Department-Administration/Engineering Division. (Approved by Finance Committee January 9, 2007) Background:On May 16, 2006, the Commission approved the acquisition of one compact 4x4 pickup truck for use by the Utilities Department-Administration/Engineering Division for a new field inspector position, the approval letter is attached for review. This request was submitted and subsequently approved just prior to Ford Manufacturing announcing their order cut of dates. By the time we submitted our order to Bobby Jones Ford and they, in turn, submitted their order, Ford had cut off the orders for the Ranger pick up trucks. The vendor, Bobby Jones Ford, attempted to inquire other dealerships to see if the truck might be available “on the lot”. Fleet Management was notified of these actions. According to a recent conversation with Bobby Jones Ford, the requested compact pickup truck was not available at any of their affiliates. Fleet Management has since sent out a new RFP for the vehicle and has received the new pricing. The original purchase order has been cancelled and we are requesting the Commission approve or re-approve the purchase. Analysis:Fleet Management submitted a request for bids through the Procurement Department utilizing the Demand Star electronic bid system which offers nationwide bid coverage. The Procurement Department received quotes back from two (2) vendors for the compact pickup truck. Originally, Legacy Ford of McDonough, Georgia, submitted the lowest bid but Bobby Jones Ford opted to utilize the Local Vendor Preference clause of the bid contract which allows them to match the lowest non-resident bid. That being the case, Bobby Jones Ford of Augusta, Georgia, will be awarded the lowest bid. The following was the results of the bid packages received: (1) Bobby Jones Ford (original price-$ 17,356.00, (2) Legacy Ford-$ 16,782.00 Bobby Jones Ford – LVP $ 16,356.00 MATCHED LOWEST BID Financial Impact:The 4x4 compact pickup truck will be purchased for a total cost of $16,782.00 utilizing the capital account. Alternatives:1.Approve the request for acquisition of the compact pickup truck to the lowest bidder, Bobby Jones Ford of Augusta, Georgia. 2.Do not approve the request. Recommendation:Approve the acquisition of one compact 4x4 pickup truck (lowest bid offer on bid offer 06-177) for the Utilities Department-Administration/Engineering Division. Funds are Available in the Following Accounts: 506-04-3110.54-22210 REVIEWED AND APPROVED BY: Finance. Procurement. Disadvantaged Business Enterprise. Administrator. Clerk of Commission Legacy Ford 413 Industrial Blvd McDonough, GA 30253 Allan Vigil Ford 6790 Mt. Zion Blvd. Morrow, GA 30260 Bobby Jones P. O. Box 15398 Augusta, GA Brand FORD FORD Model RANGER RANGER 5.01 Compact P/U Truck 12,258.00$ 13,178.00$ 5.02 Compact P/U Truck 15,392.00$ 16,345.00$ 6.00 Outfitter's Specialty 6.01 Fire Extinguisher 75.00$ 38.00$ 6.02 Outlet receptacle 45.00$ 43.00$ 6.03 Bedliner 325.00$ 265.00$ 6.04 Tool Box 300.00$ 220.00$ 6.05 Trailer Hitch 250.00$ 175.00$ 6.06 Trailer Wiring 75.00$ 30.00$ 6.07 Trailer Ball 30.00$ 10.00$ 6.08 Window Tint 150.00$ 90.00$ 6.09 Safety Cone Holder 66.00$ 91.00$ 6.10 Safety Cones 125.00$ 98.00$ 7.0 Alert Warning System 7.01 Backup alarm 105.00$ 40.00$ 7.02 Dual Strobe Light 310.00$ 260.00$ Delivery Date 45 - 60 DAYS 90 - 120 DAYS Bid Item #06-177 Compact Pickup Truck with Accessories Augusta Fleet Department Bid Due: Friday, October 20, 2006 @ 11:00 a.m. Invitation To Bid Sealed bids will be received at this office until 11:00 a.m. Friday, October 20, 2006. Bid Item #06-176 Full Size Vans with Accessories for Augusta Fleet Department Bid Item #06-177 Compact Pickup Truck with Accessories for Augusta Fleet Department Bid Item #06-178 6,000 GVW Pickup Truck with Accessories for Augusta Fleet Department 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 obtained at the office of Augusta, GA Procurement Department, 530 Greene Street – Room 605, Augusta, GA 30911. Documents may be examined during regular business hours at the offices of Augusta, GA 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. No bid will be accepted by fax, all must be received by mail or hand delivered. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference on an eligible local project, the certification statement as a local bidder and all supporting documents must be submitted to the Procurement Department with your bonafide bid package. It is the wish of the Owner that minority businesses are given the opportunity to BID 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 30 days after time has been called on the date of opening. 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 invitation are material conditions of the bid. Any 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 placed 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 September 21, 28, October 5, 12, 2006 Augusta Focus September 28, 2006 cc: Tameka Allen Interim Deputy Administrator Ron Crowden Fleet Management Yvonne Gentry DBE Coordinator Home My DemandStar Buyers Suppliers Account Info Planholders List 3 Planholder(s) found. DemandStar is a product of Onvia, Inc. (c) 1997-2006. All rights reserved. | Terms of Use | Privacy Login | Register | Help Onvia DemandStar Member Name City of Augusta, GA Bid Number ITB-06-177-0-2006/PJM Bid Name Compact Pickup Truck with Accessories Supplier Name City State Phone Fax Government Sales Garland TX 2142151028 9726592303 Legacy Ford Inc. McDonough GA 7709142800 7709142635 Mike Albert Leasing Inc Cincinatti OH 5135542878 5139562878 Page 1 of 1 Format for Printing No Search << Return Disadvantaged Business Enterprise Yvonne Gentry DBE Coordinator Disadvantaged Business Enterprise Department 501 Greene Street – Suite 304 - Augusta, GA 30901 (706) 821-2406 – Fax (706) 821-4228 WWW.AUGUSTAGA.GOV TO: Ron Crowden Director, Fleet Management Department Geri Sams Director, Procurement 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 Bid Item Bid Item Bid Item ####06060606----111177 Compact Pickup Truck with Accessories77 Compact Pickup Truck with Accessories77 Compact Pickup Truck with Accessories77 Compact Pickup Truck with Accessories DATE: December 18, 2006 This memo is to transmit the review and concurrence of the recommended DBE Utilization goal of 100 % for the above referenced project. The procurement opportunities are direct purchases from manufacturers sales representative 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 $$$$16,16,16,16,782782782782.00 • There is 0% 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 100% ($16,782.00) 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 1/16/2007 2:00 PM Caughman Easement Deed Department:Augusta Utilities Department Caption:Motion to approve and accept an Easement Deed from Margaret Caughman. (Approved by Engineering Services Committee January 8, 2007) Background:The Augusta Utilities Department will be running a water main from the Tobacco Road water tank down Tobacco Road for the Tobacco Road Water Main Project #10801. In order to do this , AUD will need to cross Mrs. Caughman's property. Mrs. Caughman has agreed to donate said easement. Analysis:This easement is an important part of the Tobacco Road Water Main Project #10801. Acceptance of Mrs. Caughman's donation will save time and funds. Financial Impact:None. Alternatives:Reject the Easement Deed and find an alternative route for the water main. Recommendation:Approve and accept the Easement Deed. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Procurement. Disadvantaged Business Enterprise. Administrator. Clerk of Commission Commission Meeting Agenda 1/16/2007 2:00 PM Condemnation - Shanta White Wallace Department:County Attorney - Stephen E. Shepard, Attorney Caption:Motion to authorize condemnation of a portion of Property #051-0-087-00-0 3934 Scott Street and #051-0-088-00-0 3930 Scott Street, which are owned by Shanta White Wallace for 16,675.30 sq. ft. of permanent easement area and 3,157.57 sq. ft. of temporary construction easement area. Public Works Project: Belair Hills Subdivision Improvement Project. (Approved by Engineering Services Committee January 8, 2007) Background:The appraised value of the permanent easement is $6,923.00. The subject property owner is not willing or interested in participating in this project. In order to timely acquire access, condemnation will be necessary. Analysis:Condemnation is required in order to acquire the easement area. Financial Impact:The necessary costs will be covered by project budget. Alternatives:Deny the authorization to condemn. Recommendation:Approve the authorization to condemn. Funds are Available in the Following Accounts: G/L - 324041110-5411120 J/L - 203823372-5411120 REVIEWED AND APPROVED BY: Administrator. Clerk of Commission Commission Meeting Agenda 1/16/2007 2:00 PM Leroy Davis Department:Clerk of Commission Caption:Motion to deny a request from Mr. Leroy Davis regarding an appeal for the removal of solid waste charges from his tax bill. (Approved by Engineering Services Committee January 8, 2007) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 1/16/2007 2:00 PM Maxwell Richmond Hill Properties, LLC Warranty Deed Department:Augusta Utilities Department Caption:Motion to approve and accept a Warranty Deed from Maxwell Richmond Hill Properties, LLC for a strip of right of way on Richmond Hill Road. (Approved by Engineering Services Committee January 8, 2007) Background:The Augusta Utilities Department is in the process of constructing Benson Road, off of Richmond Hill Road. A small strip of land was needed for a deceleration lane. Analysis:Maxwell Richmond Hill Properties, LLC owns the property needed for the deceleration lane. They have agreed to donate this strip of land to Augusta. Financial Impact:None. Alternatives:Reject the donation and construct the road without a deceleration lane. Recommendation:Approve and accept the Warrant Deed from Maxwell Richmond Hill Properties, LLC> Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Procurement. Disadvantaged Business Enterprise. Administrator. Clerk of Commission Commission Meeting Agenda 1/16/2007 2:00 PM Solid Waste Software Department:Solid Waste Caption:Motion to approve purchasing the software program and that the billing portion of the system be implemented only for the landfill customers at this time and not for the solid waste collection customers in an amount not to exceed $200,000. (Approved Engineering Services Committee January 8, 2007) Background:The Solid Waste Department worked to identify areas that could be improved using a consolidated management tool. We identified several key issues that could be improved in both the landfill and solid waste collections. The solid waste department put out an RFP searching for a comprehensive management tool that could address these issues. Through the assistance of the DBE office, Information Technology, and Procurement, the department selected the best bid to address the departments needs. Analysis:This new system offers a variety of benefits to both the landfill and solid waste collections. First, lets address the benefits of the landfill. It will allow us to; 1. Able to get real time data about landfill performance. 2. Able to automate landfill scale system, limiting human errors. 3. Able to track state mandated surcharges. 4. Tracking and restrictions for prior bad checks. 5. Tracks and manages special waste 6. Allows for improved collections by automating the process. 7. Allows for credit card transactions. 8. Improved customer service by allowing electronic account reconciliation. The system will also allow a variety of options and functions for the solid waste collections. It will allow us to; 1. Track all commercial dumpsters utilized by county departments and track monthly cost of such. 2. Allow us to track customer transactions and history of service issues. 3. Creates a work order system to dispatch contractors and track contractor performance. 4. Allows us to track our cart inventory in the field, including lost, stolen, and damaged containers. 5. Tracks amounts the should be paid to contractors based on service units. 6. Price adjustments could be modeled to identify affects on revenues. 7. It can provide web based customer interface. In summary, this program allows both the landfill and solid waste collections to have a new and improved program offering enhanced functionality to what is currently offered. It provides long term flexibility for our ever improving programs. Financial Impact:The cost of this project is not to exceed $200,000. Alternatives:1. Award a contract to Commonwealth Data Communications, Inc for a solid waste software program in an amount not to exceed $200,000. 2. Do not approve the software. Recommendation:Option #1 Funds are Available in the Following Accounts: 541-04-4210/54.24220 REVIEWED AND APPROVED BY: Procurement. Disadvantaged Business Enterprise. Information Technology. Finance. Administrator. Clerk of Commission Disadvantaged Business Enterprise Yvonne Gentry DBE Coordinator Disadvantaged Business Enterprise Department 501 Greene Street – Suite 304 - Augusta, GA 30901 (706) 821-2406 – Fax (706) 821-4228 WWW.AUGUSTAGA.GOV TO: Mark Johnson Solid Waste Department Geri Sams Director, Procurement 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 #05Bid Item #05Bid Item #05Bid Item #05----162 Solid W162 Solid W162 Solid W162 Solid Waste Management Software Consultingaste Management Software Consultingaste Management Software Consultingaste Management Software Consulting and Implementationand Implementationand Implementationand Implementation DATE: December 27, 2006 This memo is to transmit the review and concurrence of the recommended DBE Utilization goal of 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 not to exceed $$$$200,000.00200,000.00200,000.00200,000.00. • There is 5% ($10,000) 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 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 Or i g i n a l S i x ( 6 ) C o p i e s P r i c e P r o p o s a l A d d e n d u m 1 & 2 So f t P a k Ye s Y e s Y e s Y e s In s i g h t E n v i r o n m e n t a l Ye s Y e s Y e s Y e s De s e r t M i c r o Ye s Y e s Y e s Y e s Co m p u t e r B u s i n e s s S e r v i c e * Ye s N o Y e s N o No n - c o m p l i a n t f o r n o t s u b m i t t i n g r e q u i r e d co p i e s a n d f o r n o t a c k n o w l e d g i n g r e c e i p t o f th e a d d e n d u m s RF P # 0 5 - 1 6 2 So l i d W a s t e M a n a g e m e n t S o f t w a r e C o n s u l t i n g , I m p l e m e n t a t i o n & T e c h n i c a l S e r v i c e In f o r m a t i o n T e c h n o l o g y RF P D u e : T u e s d a y , N o v e m b e r 2 9 , 2 0 0 5 @ 3 : 0 0 p . m . Request for Proposal Sealed RFP’s will be received at this office until Tuesday, November 29, 2005 @ 3:00 p.m. RFP #05-162 Solid Waste Management Software Consulting, Implementation, and Technical Services for Information Technology RFP’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 RFP documents may be obtained at the office of Augusta, GA Procurement Department, 530 Greene Street – Room 605, Augusta, GA 30911. Documents may be examined during regular business hours at the offices of Augusta, GA 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. No bid will be accepted by fax, all must be received by mail or hand delivered. The last day to submit questions is Tuesday, November 8, 2005 by 4:00 p.m. It is the wish of the Owner that minority businesses are given the opportunity to BID 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 RFP may be withdrawn for a period of 120 days after time has been called on the date of opening. 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 invitation are material conditions of the RFP. Any 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 RFP number on the outside of the envelope. Bidders are cautioned that sequestration of RFP documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFP documents from unauthorized sources placed 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 Disadvantage Business Enterprise at 706- 821-2406. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle October 13, 20, 27, November 3, 2005 Metro Courier October 19, 2005 cc: Tameka Allen Interim Deputy Administrator Michael Blanchard Information Technology Yvonne Gentry DBE Coordinator Mark Johnson Solid Waste FAX TRANSMISSION AUGUSTA-RICHMOND COUNTY CONSOLIDATED GOVERNMENT 530 Greene Street - Room 605 Augusta, Georgia 30911 706 821-2422 Fax: 706 821-2811 To: Metro Courier Date: October 5 , 2005 Fax #: (706) 722-7104 Pages: From: Geri A. Sams 2, including this cover sheet. Subject: LEGAL NOTICES FOR RFP #05-162 COMMENTS: Please print the above Bid Item(s) on the following dates: October 19, 2005 REQUISITION #43723B Please send an affidavit of publication. Commission Meeting Agenda 1/16/2007 2:00 PM Waterline Replacement on DOT Davis Road Project Department:Utilities Caption:Motion to approve additional funding in the amount of $331,625.25 for the 8” waterline relocation along Davis Road in conjunction with the GADOT, Davis Road Widening Project. (Approved by Engineering Services Committee January 8, 2007) Background:The GADOT Davis Road Widening Project has been under construction over the last year. The DOT awarded the project to the low bidder, Reeves Construction. In the course of construction it became apparent that the waterline, running along Davis Road between Pleasant Home and Washington Road, was in conflict with the road removal and restoration, and would need to be relocated. The grading on Davis Road was not shown on the DOT plans, therefore the conflict was not realized. This waterline relocation therefore was not in the original scope of work that was bid in the DOT project. In July of 2005, the City of Augusta and the GADOT entered into a Contract Item Agreement where Augusta agreed to include the water and sewer relocation along Davis Road in conjunction with the Davis Road Widening Project. In this agreement the city agreed to pay for additional items that are not provided in the contract but which arise in the course of construction. The mentioned 8” waterline was not in the original scope, and the figure of $331,625.25 was the relocation price negotiated between the DOT and the contractor. Analysis:Approximately 2,760 feet of waterline was relocated along with the appurtenant water services. This represents a cost of approximately $120 per linear foot. This cost is significantly higher than is being realized in the traditional AUD bond projects; however it is consistent with the higher cost associated with the construction realized in DOT projects. Financial Impact:Funds are available in the renewal extension fund 507045410-5425110 / 80500025-5425110. Alternatives:None Recommended. Recommendation:It is recommended to approve additional funding in the amount of $331,625.25 for the 8” waterline relocation along Davis Road in conjunction with the GADOT, Davis Road Widening Project. Funds are Available in the Following Accounts: Funds are available in the renewal extension fund 507045410-5425110 / 80500025-5425110. REVIEWED AND APPROVED BY: Finance. Procurement. Disadvantaged Business Enterprise. Administrator. Clerk of Commission Commission Meeting Agenda 1/16/2007 2:00 PM Youngblood Lane Department:Clerk of Commission Caption:Motion to approve a request from Jimmy M. Clark, Jr. regarding the inclusion of Youngblood Lane into the county's road maintenance system. (Approved by Engineering Services Committee January 8, 2007) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 1/16/2007 2:00 PM Minutes Department: Caption:Motion to approve the minutes of the regular meeting of the Commission held January 2, 2007. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 1/16/2007 2:00 PM TEE Center Department: Caption:Per Commission direction at the September 5, 2006 Commission Meeting and subsequent September 22, 2006 workshop - the Trade Exhibit and Event (TEE) Center Taskforce is submitting a site and renegotiated operating term agreement for Commission approval. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 1/16/2007 2:00 PM Judicial Center Subcommittee Department: Caption:Receive report from the Judical Center Committee on the status of the redesign after budget approval, the land acquisition and a timetable for completion of the project. (Requested by Commissioner Andy Cheek) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 1/16/2007 2:00 PM Appointment District Eight Department: Caption:Motion to approve the appointment of Evett Davis to fill the unexpired term of Hardie Davis on the Zoning Apeals Board representing District 8. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 1/16/2007 2:00 PM Appointment District Six Department: Caption:Motion to appoint Wilfred Hunt to the ARC Library Board of Trustees representing District Six. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 1/16/2007 2:00 PM Appointment District Two Department: Caption:Motion to approve the appointment of Mr. Keith C. Brown to the Augusta-Richmond County Coliseum Authority representing District 2. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 1/16/2007 2:00 PM Appointment Fourth District Department: Caption:Motion to approve the appointment of S. Renee D'Antignac to the Human Relations Board and Robert Anderson to the Planning Commission representing District 4. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 1/16/2007 2:00 PM Appointment Sheriff's Merit Board Department: Caption:Appoint and/or reappoint members of the Richmond County Sheriff's Merit Board. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 1/16/2007 2:00 PM Richmond Hospital Authority Appointment Department: Caption:Consider nominations for appointment from the Richmond County Hospital Authority for a four-year term on the Authority. Member at Large William Badger, Warren A. Daniel, John S. Markwater. Member of Jewish faith Jeffery Foreman, Paul Graboff, Rabbi David Sirull. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 1/16/2007 2:00 PM Development Authority of Richmond County Department:Clerk of Commission Caption:Receive a report from the Richmond County Development Authority's relative to the proposed development plans in the next 12 months for the land located on Mike Padgett Highway. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 1/16/2007 2:00 PM Finance Chairman Department: Caption:Rescind the appointment of Mayor Pro Tem Betty Beard as Chairman of Finance Committee and appoint Commissioner Jerry Brigham. (Requested by Mayor Pro Tem Betty Beard) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 1/16/2007 2:00 PM Georgia Power Agreement Department: Caption:Agreement with Georgia Power for Relocation of Facilities. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 1/16/2007 2:00 PM Race Track Department: Caption:Update/report from the Administrator regarding the Race Track. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 1/16/2007 2:00 PM Affidavit Department:Clerk of Commission Caption:Motion to approve execution by the Mayor of the 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