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Home My WebLink About2007-10-16-Meeting AgendaCommissionMeetingAgenda CommissionChamber 10/16/2007 2:00PM INVOCATION: MinisterJeanCallaway,BeulahGroveBaptistChurch . PLEDGEOFALLEGIANCETOTHEFLAGOFTHEUNITEDSTAT ESOFAMERICA. Five(5)minutetimelimitperdelegation DELEGATIONS A.CrystalKemp/HeatherValentine RE: Introduction of the Urban Environment Institut e and its mission. Attachments CONSENTAGENDA (Items1-34) PLANNING 1.Z-07-88-ArequestforconcurrencewiththeAugusta-Richmond CountyPlanningCommissionto approveapetitionbyEricand BrendaEdwardsrequestinga SpecialExceptiontoestablisha Family Personal Care Home per Section 26-1 (H) of the ComprehensiveZoningOrdinanceforAugusta-RichmondCounty affecting property containing approximately 4.9 acr es and is known under the present numbering system as 2124 Ha rding Road.(TaxMap110-1Parcel065)DISTRICT6 Attachments 2.Z-07-89-ArequestforconcurrencewiththeAugusta-Richmond County Planning Commission to approvea petition by CSRA Community Outreach Initiative, on behalf of Krishan Attachments Vaid,requesting a Special Exception to establish Transition Housingper Section 26-1 (g) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing.75acresandisknownunderthepresent numbering systemas2136and2138CircularDrive.(Taxmap09 8-3Parcels 221and222)DISTRICT2 3.Z-07-90-ArequestforconcurrencewiththeAugusta-Richmond CountyPlanningCommissionto approve apetitionbyReverend Leonard Mole, on behalf of New Joy Deliverance Chur ch, requestinga SpecialException to expandanexistingchurch, including day care activities ,per Section 26-1 (A) of the ComprehensiveZoningOrdinanceforAugusta-RichmondCounty affectingpropertycontaining1.46acresandiskno wnunderthe presentnumberingsystemas 2033DorisRoad .(TaxMap086-2 Parcel129)DISTRICT2 Attachments 4.Z-07-92-ArequestforconcurrencewiththeAugusta-Richmond County Planning Commission to approve with the following conditions1)noexpansionoftheexistingstructur e2)nochanges to indicate a business except to provide parking as shown on conceptplan3)nofreestandingsignageonlyasign attachedtothe house and 4) the use of the property shall be an of fice for a consulting business and it shall revert to the curr ent A (Agriculture) zoning if the proposed use ceases; a petition by Clifton & Pamela Hunterrequesting a change of zoni ng from Zone A (Agriculture) to Zone P-1 (Professional)affecting property containing .72 acres and is known under th e present numbering systemas 3879BelairRoad .(Tax Map052 Parcel 014)DISTRICT3 Attachments 5.Z-07-93-ArequestforconcurrencewiththeAugusta-Richmond CountyPlanningCommissionto approve withtheconditionthat thepropertymustbesubdividedortheexistinghou semustbetorn down before the manufactured home may be placed on the property;apetitionbyCarlGaskill,onbehalfof LutherGaskill Sr.,requestingachangeofzoningfrom ZoneR-1A(One-family Residential)toZoneR-MH(ManufacturedHomeReside ntial) affectingpropertycontaining2.81acresandiskno wnunderthe Attachments presentnumberingsystemas2313GaskillRoad.(Tax Map083 Parcel018)DISTRICT5 6.Z-07-94-ArequestforconcurrencewiththeAugusta-Richmond County Planning Commission to approvea petition by Lee Kitchen,onbehalfoftheEstateofEllaClarkeNui te,requestinga change of zoning from Zone A (Agriculture) to Zone B-1 (Neighborhood Business)affecting property containing approximately1.28acresandisknownas2620Tobac coRoad. (TaxMap140parcel010-09)DISTRICT4 Attachments 7.Z-07-96-ArequestforconcurrencewiththeAugusta-Richmond CountyPlanningCommissionto approve apetitionbyMarkL. Wilhelmi,P.C.,onbehalfofSouthernBank,request ingachange ofzoningfrom ZoneR-1C(One-familyResidential)toZoneR- 3C (Multiple-family Residential)affecting property containing.23acresandisknownunderthepresent numbering systemas644 CrawfordAvenue.(TaxMap035-4Parcel168) DISTRICT1 Attachments 8.Z-07-97-ArequestforconcurrencewiththeAugusta-Richmond County Planning Commission to approvea petition by Dennis Welch,onbehalfofW.R.Investors,LLC,requestin gachangeof zoningfrom ZoneR-1(One-familyResidential)andZoneR-1A (One-family Residential) to Zone R-1E (One-family Residential)affectingpropertycontaining2.32acresandknown underthepresentnumberingsystemas 2349WilliamsStreet (Tax Map034-4Parcel025)DISTRICT1 Attachments 9.Z-07-98-ArequestforconcurrencewiththeAugusta-Richmond CountyPlanningCommissionto approveapetitionbyPatricia Varnado requesting a change of zoning from Zone B-1 (Neighborhood Business) to Zone B-2 (General Busine ss) affecting property containing 1.0 acres and known u nder the presentnumberingsystemas2436 WindsorSpringRoad .(Tax Map131Parcel26.1)DISTRICT6 Attachments 10.ZA-R-182– A request for concurrence with the Augusta- Richmond County Planning Commission to approve an amendmenttotheComprehensiveZoningOrdinancefor Augusta- RichmondCountywhichwouldamendSections7,24,a nd26to allow mining and related activities in HI (Heavy In dustry) Zonesbyrightandinanyzoneby SpecialException ifcertain objectivecriteriaaremet. Attachments PUBLICSERVICES 11.Motionto approveaNewOwnershipApplication:A.N.07-44: arequestbyCarlaButlerforanonpremiseconsump tion Liquor &Beer licensetobeusedinconnectionwithHayloftSpo rtsBar & Grill located at 3179 Gordon Hwy. .There will be Dance. District 3. Super District 10. (Approved by Public Services CommitteeOctober8,2007) Attachments 12.Motionto approveaNewApplication:A.N.07-45:arequest by Marsha D. Raborn for an on premise consumption Liquor, Beer&Wine licensetobeusedinconnectionwithMiTequila, LLC DBA Ole Ole Mexican Bar & Grill located at 3064 WashingtonRd.TherewillbeSundaySales.District7.Super District10.(ApprovedbyPublicServicesCommitteeOctober 8,2007) Attachments 13.Motion to approvea New Ownership Application: A. N. 07 - 46:a request by Eykenia Lawrence for an on premis e consumption Liquor&Beer licensetobeusedinconnectionwith Club Nitro located at 2925 Peach Orchard Rd . There will be Dance. District 6. Super District 10. (Approved by Public ServicesCommitteeOctober8,2007) Attachments 14.Motionto approve aNewOwnershipApplication:A.N.07-47: arequestbyNamSunKwonforaretailpackage Beer&Wine licensetobeusedinconnectionwithKwonConvenie nceStore locatedat 3184SkinnerMillRd .District7.SuperDistrict10. (ApprovedbyPublicServciesCommitteeOctober8,2 007) Attachments 15.Motionto approve aNewOwnershipApplication:A.N.07-48: arequestbyMaheshP.Sutariyaforaretailpackag e Beer&Wine licensetobeusedinconnectionwithLaneySuperM arketlocated at843LaneyWalkerBlvd.District1.SuperDistric t9.(Approved byPublicServicesCommitteeOctober8,2007) Attachments 16.Motion to approve a request by Jan Scholer for a One Day SpecialEventBeer licenseforOctober20,2007tobeusedin connectionwithWildWingCafelocatedat3035Wash ingtonRd. District 7. Super District 10. (Approved by Public Services CommitteeOctober8,2007) Attachments 17.Motion to approvea request by Charles Cummings for a reconsiderationoftherevocationoftheBusinessT axCertificate ofSuperCRestaurantlocatedat2746TobaccoRd.District4. Super District 9.(Approved by Public Services Committee October8,2007) Attachments 18.Motion to approvea request by Lydia Giusto for a Massage TherapyOperatorslicensetobeusedinconnection withEvoke locatedat2068thStreet.District1.SuperDistri ct9.(Approved byPublicServicesCommitteeOctober8,2008) Attachments 19.Motion to approveA/E services for locker room build out at DiamondLakesCommunityCentertoTheWoodhurstPar tnership Architecture for $5,800.00.(Approved by Public Services CommitteeOctober8,2007) Attachments 20.Motion to approverequest to extend the contract between Augusta Regional Airport and the LPA Group Incorpor ated. (ApprovedbyPublicServicesCommitteeOctober8,2 007) Attachments 21.Motion to approvea professional services contract for Attachments improvements to Meadowbrook Park to Johnson, Lascho ber & Associatesfor$9,500.(ApprovedbyPublicServicesCommittee October8,2007) 22.Motion to approverequest to extend the contract between AugustaRegionalAirportandParsonsBrinckerhoffC onstruction Services, Inc.(Approved by Public Servcies Committee October8,2007) Attachments 23.Motionto approve therenewalofafiveyearleasewithWest AugustaBaseball,Inc.forpropertylocatedadjacen ttoEisenhower Park.(Approved by Public Services Committee October 8, 2007) Attachments 24.Motionto approveaconceptofatwo-yearprofessionalservices contract for advertising on Augusta Public Transit buses with RenaissanceMarketing of Savannah, Georgia.(Approved by PublicServicesCommitteeOctober8,2007) Attachments FINANCE 25.Motionto approvearequestfromAnnetteC.Robinsonreagrding a refund of overpayment of proeprty taxes in the a mount of $60.00 (ApprovedbyFinanceCommitteeOctober8,2007) Attachments 26.Motionto approve theabatementofpropertytaxesfor2007for the Augusta Boxing Club, 1929 Walton Way.(Approved by FinanceCommitteeOctober8,2007) Attachments 27.Motionto approveallowingthetaxpayerthebenefitofanS-4 homestead exemption, not awarded due to illness; Ma p 34-1, Parcel 508; Martha Balk.(Approved by Finance Committee October8,2007) Attachments 28.Motionto approvethepurchaseofoneExplorerfortheCoroner's Office for $20,733.00 (Lowest bid offer on bid 06-1 83). (ApprovedbyFinanceCommitteeOctober8,2007) Attachments 29.Motionto approveestablishingabudgetforEMAFloodHazard MitigationGrantfundedfromcontingencyfunds.(Approvedby FinanceCommitteeOctober8,2007) Attachments 30.Motion to approvea request forabatement of2007 taxes from GreaterLoveBaptistChurch.(ApprovedbyFinanceCommittee October8,2007) Attachments 31.Motionto approve refundrecommendationsfromtheBoardof Assessors for five (5) accounts. (Approved by Finance CommitteeOctober8,2007) Attachments 32.Motion to approve the sale of six trailers for $20 0.00 each. (ApprovedbyFinanceCommitteeOctober8,2007) Attachments 33.Motionto approvethepurchaseofoneaerial buckettruck for TrafficEngineeringfromAltecIndustries,Inc.,o fElizabethtown, Kentucky, for $87,088.00 (Lowest bid offer on bid 07-149A). (ApprovedbyFinanceCommitteeOctober8,2007) Attachments PETITIONSANDCOMMUNICATIONS 34.Motion to approvethe minutes of the regular meeting of the CommissionheldOctober2,2007. Attachments ****ENDCONSENTAGENDA**** AUGUSTACOMMISSION 10/16/2007 AUGUSTACOMMISSION REGULARAGENDA 10/16/2007 (Items35-72) PLANNING 35.Z-07-82-ArequestforconcurrencewiththeAugusta-Richmond CountyPlanningCommissionto denyapetitionbyEricMorrell Dixon,onbehalfofMichaelC.Shelton,requesting achangeof zoningfrom ZoneB-1(NeighborhoodBusiness)to Zone B-2 (GeneralBusiness)affectingpropertycontaining.49acresandis knownunderthepresentnumberingsystemas2053Br oadStreet. (TaxMap027-3Parcels075and075-01)DISTRICT1 Attachments ADMINISTRATIVESERVICES 36.Motionto approve EEOPolicyandProcedures.Attachments 37.Discuss the screening process for ARC job applicant s in assocation with the ARC Landfill incident.(Requested by CommissionerMarionWilliams) Attachments 38.ConsiderarequestfromMACHAcademyforreconsider ationof fundingfromthe2008CDBGProgram. Attachments 39.Approve Retirement of Ms. Juanita Dantzler under th e 1977 PensionPlan. Attachments PUBLICSAFETY 40.Approve the Special Service Arrangement Agreements with AT&T(FormerlyBellSouth). Attachments 41.ApproveLeaseProposalwithBSFS.Attachments 42.ApprovecontractwithTwenty-FirstCenturyCommunicationsto provideemergencynotificationsoftwareandservice stoAugusta. Attachments 43.Motionto approvetheacceptanceofthe2007-2008grantaward toRichmondCountybytheCouncilofJuvenileCourt Judgesof Georgia. Attachments 44.DiscussproposalfromGoldCrossEMSformedicalse rvice.Attachments 45.ConsiderarequestfromtheChiefofPolicefromWr ens,Georgia forassistanceinobtainingaK-9vehicleforhisD epartment. Attachments FINANCE 46.ConsiderarequestfromMs.AnnJohnson,President ofAugusta (GA) Chapter,Links Inc regarding theabatement of their 2007 taxes for property located at 2327 Gardner Street.(No recommendationfromFinanceCommitteeOctober8,20 07) Attachments 47.Motion to approvea request from Mr. Harold E. Rhodes, Sr. regarding tax relief on burned building.(No recommendation fromFinanceCommitteeOctober8,2007) Attachments 48.Consider recommendations from the Administrator reg arding theHealth & Dental Insurance Renewal for 2008.(No recommednationfromFinanceCommitteeOctober8,20 07) Attachments ENGINEERINGSERVICES 49.ApproveJointFundingAgreementbetweenUtilitiesa ndUSGS forgroundwatermonitoring. Attachments 50.ApproveaconstructioncontracttoW.L.Hailey&Co mpany,Inc., whosubmittedanapparentlowbidof$2,510,796.35 toconstruct PhaseIV&VoftheRae’sCreekTrunkSewerImprove ments. Attachments 51.Approve the deeds of dedication, maintenance agreem ents, and road resolution submitted by the Engineering, and A ugusta UtilitiesDepartmentsforCambridgeSubdivision,Se ctionNine. Attachments 52.Approve the deeds of dedication, maintenance agreem ents, and road resolutions submitted by the Engineering, and Augusta UtilitiesDepartmentsforCambridgeSubdivision,Se ctionTen. Attachments 53.Approve the deeds of dedication, maintenance agreem ents, and road resolution submitted by the Engineering, and A ugusta Utilities Departments for Cambridge Subdivision, Se ction Six, PhaseTwo. Attachments 54.Motiontoauthorizecondemnationofaportionofpr operty#054- 0-062-10-01725WyldsRoad,whichisownedbyDennisBrua, care of Cheri B. Bomar, for 21,229 square feet of p ermanent easementand11,288squarefeetoftemporaryeaseme nt.AUD Project:10151-630WaterMain,Phase2. Attachments 55.Motiontoauthorizecondemnationofaportionofpr operty#140- 0-717-00-03977CrestDrive,whichisownedbyPhillipR.Jo yner andBessieJoyner,for4,366sq.feetofpermanent easementand 2,136sq.feetoftemporaryconstructioneasement.AUDproject: 50202-HorsepenSanitarySewer,Phase2. Attachments 56.Motiontoauthorizecondemnationofaportionofpr operty#139-Attachments 0-287-00-03846NewKarleenRoad,whichisownedbyMichael Jones,for1,999sq.feetofpermananteasementand 999sq.feetof temporary easement. AUD project: 50202 -Horsepen Sanitary Sewer,Phase2. 57.Motiontoauthorizecondemnationofaportionofpr operty#054- 0-064-00-01810WyldsRoad,whichisownedbyWyldsRoad Partners,LLC,careofHockDevelopmentCompany,fo r11,084 square feet of permanenteasement and 11,258 square feet of temporaryeasement.AUDProject:10151-630WaterMainPhase 2. Attachments 58.Motion to approve the expansion of the Ellis Street Study. (RequestedbyCommissionerAndyCheek) Attachments 59.Discuss adding utility survey for Ellis and 7th str eets to the existing Broad Street Survey.(Requested by Commissioner AndyCheek) Attachments 60.Report from the Administrator regarding the identif ication of a funding source for sidewalk/street light improvemen ts for theLyman/Dover Project.(Referred from September 24 EngineeringServices) Attachments 61.Ratifyfundingintheamountof$72,152.91toFlowm oreServices andBlairConstructionfortheemergencylinepiggi ngeffortto supplyFortGordonwithwater. Attachments 62.Approvecost-shareagreementforconstructionintheamountof $34,306.00toMr.JerryGreenwayfortheoff-sitesanitarysewer extensionprojectintheOrchardSubdivision. Attachments 63.Approve payment to Reeves Construction Company for repairs madeonScottNixonDriveinconjunctionwiththe1 2”waterline break,intheamountof$43,825.41. Attachments 64.PresentationbyMr.JimBodeofSiemensregardinga programto improveenergyefficiencyandLandfillgasrevenue. Attachments 65.PresentationbyMr.TyroneWilsonrequestingassist ancefromthe cityregardingthedeterminationofownershipofa treewhichis locatedonaneasementwhetheritbelongstotheci tyortheValley ParkAssociation. Attachments SUBCOMMITTEE AttorneysforLawDepartment 66.Motiontoaccept/approvetherecommendationsofthe LawStudy SubcommitteetoappointMr.J.PopeLangstaff,Gene ralCounsel andMs.ChiquitaT.Johnson,AtttorneyI. Attachments ADMINISTRATOR 67.Presentation of Augusta-Richmond County 2008 Proposed Budget. Attachments 68.ReceivearecommendationfromtheAdministratorreg ardingthe selectedcandidateforthepositionofHydeParkPr ojectDirector. Attachments ATTORNEY 69.ApprovefinalMemorandumofUnderstanding(Intergov ernmental Agreement)betweentheGeorgiaGolfHallofFameAu thorityand Augusta,Georgia Attachments 70.DiscussThompsonetal.v.Augustapostmediations tatus.Attachments UpcomingMeetings www.augustaga.gov OTHERBUSINESS 71.MotiontoapprovethereschedulingoftheNovember 6thregular meetingtoThursday,November8th. Attachments LEGALMEETING A.PendingandPotentialLitigation. B.RealEstate. C.Personnel. 72.Motion to approveexecution by the Mayor of the affidavit of compliancewithGeorgia'sOpenMeetingAct. CommissionMeetingAgenda 10/16/20072:00PM Invocation Department: caption2:MinisterJeanCallaway,BeulahGroveBaptistChurch . Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 1 CommissionMeetingAgenda 10/16/20072:00PM CrystalKemp Department:ClerkofCommission caption2:CrystalKemp/HeatherValentine RE:IntroductionoftheUrbanEnvironmentInstitut eandits mission. Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 2 Attachment number 1 Page 1 of 1 Item # 2 CommissionMeetingAgenda 10/16/20072:00PM PlanningCommission Department:PlanningCommission caption2: Z-07-88-ArequestforconcurrencewiththeAugusta- RichmondCountyPlanningCommissionto approvea petitionbyEricandBrendaEdwardsrequestinga Special ExceptiontoestablishaFamilyPersonalCareHome per Section26-1(H)oftheComprehensiveZoningOrdina nce forAugusta-RichmondCountyaffectingpropertycont aining approximately4.9acresandisknownunderthepres ent numberingsystemas2124HardingRoad.(TaxMap110 -1 Parcel065)DISTRICT6 Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 3 Cover Memo Item # 3 CommissionMeetingAgenda 10/16/20072:00PM PlanningCommission Department:PlanningCommission caption2: Z-07-89-ArequestforconcurrencewiththeAugusta- RichmondCountyPlanningCommissionto approvea petitionbyCSRACommunityOutreachInitiative,on behalf ofKrishanVaid,requestinga SpecialException toestablish TransitionHousing perSection26-1(g)ofthe ComprehensiveZoningOrdinanceforAugusta-Richmond Countyaffectingpropertycontaining.75acresand isknown underthepresentnumberingsystemas2136and2138 CircularDrive.(Taxmap098-3Parcels221and222) DISTRICT2 Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 4 Cover Memo Item # 4 CommissionMeetingAgenda 10/16/20072:00PM PlanningCommission Department:PlanningCommission caption2: Z-07-90-ArequestforconcurrencewiththeAugusta- RichmondCountyPlanningCommissionto approve a petitionbyReverendLeonardMole,onbehalfofNew Joy DeliveranceChurch,requestinga SpecialException to expandanexistingchurch,includingdaycare activities,perSection26-1(A)oftheComprehensive ZoningOrdinanceforAugusta-RichmondCountyaffect ing propertycontaining1.46acresandisknownundert he presentnumberingsystemas 2033DorisRoad .(TaxMap 086-2Parcel129)DISTRICT2 Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 5 Cover Memo Item # 5 CommissionMeetingAgenda 10/16/20072:00PM PlanningCommission Department:PlanningCommission caption2: Z-07-92-ArequestforconcurrencewiththeAugusta- RichmondCountyPlanningCommissionto approve with thefollowingconditions1)noexpansionoftheexi sting structure2)nochangestoindicateabusinessexce ptto provideparkingasshownonconceptplan3)nofree standing signageonlyasignattachedtothehouseand4)th euseof thepropertyshallbeanofficeforaconsultingbu sinessandit shallreverttothecurrentA(Agriculture)zoning ifthe proposeduseceases;apetitionbyClifton&Pamela Hunterrequestingachangeofzoningfrom ZoneA (Agriculture)toZoneP-1(Professional)affectingproperty containing.72acresandisknownunderthepresent numberingsystemas 3879BelairRoad .(TaxMap052 Parcel014)DISTRICT3 Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: Cover Memo Item # 6 REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 6 CommissionMeetingAgenda 10/16/20072:00PM PlanningCommission Department:PlanningCommission caption2: Z-07-93-ArequestforconcurrencewiththeAugusta- RichmondCountyPlanningCommissionto approve with theconditionthatthepropertymustbesubdivided orthe existinghousemustbetorndownbeforethemanufac tured homemaybeplacedontheproperty;apetitionbyC arl Gaskill,onbehalfofLutherGaskillSr.,requestin gachange ofzoningfrom ZoneR-1A(One-familyResidential)to ZoneR-MH(ManufacturedHomeResidential)affecting propertycontaining2.81acresandisknownundert he presentnumberingsystemas2313GaskillRoad.(Tax Map 083Parcel018)DISTRICT5 Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : Cover Memo Item # 7 ClerkofCommission Cover Memo Item # 7 CommissionMeetingAgenda 10/16/20072:00PM PlanningCommission Department:PlanningCommission caption2: Z-07-94-ArequestforconcurrencewiththeAugusta- RichmondCountyPlanningCommissionto approvea petitionbyLeeKitchen,onbehalfoftheEstateof Ella ClarkeNuite,requestingachangeofzoningfrom ZoneA (Agriculture)toZoneB-1(NeighborhoodBusiness) affectingpropertycontainingapproximately1.28ac resandis knownas2620TobaccoRoad.(TaxMap140parcel010 -09) DISTRICT4 Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 8 CommissionMeetingAgenda 10/16/20072:00PM PlanningCommission Department:PlanningCommission caption2: Z-07-96-ArequestforconcurrencewiththeAugusta- RichmondCountyPlanningCommissionto approve a petitionbyMarkL.Wilhelmi,P.C.,onbehalfofSo uthern Bank,requestingachangeofzoningfrom ZoneR-1C(One- familyResidential)toZoneR-3C(Multiple-family Residential)affectingpropertycontaining.23acresandis knownunderthepresentnumberingsystemas644 CrawfordAvenue.(TaxMap035-4Parcel168) DISTRICT1 Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 9 Cover Memo Item # 9 CommissionMeetingAgenda 10/16/20072:00PM PlanningCommission Department:PlanningCommission caption2: Z-07-97-ArequestforconcurrencewiththeAugusta- RichmondCountyPlanningCommissionto approvea petitionbyDennisWelch,onbehalfofW.R.Invest ors, LLC,requestingachangeofzoningfrom ZoneR-1(One- familyResidential)andZoneR-1A(One-family Residential)toZoneR-1E(One-familyResidential) affectingpropertycontaining2.32acresandknown underthe presentnumberingsystemas 2349WilliamsStreet (Tax Map034-4Parcel025)DISTRICT1 Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 10 Cover Memo Item # 10 CommissionMeetingAgenda 10/16/20072:00PM PlanningCommission Department:PlanningCommission caption2: Z-07-98-ArequestforconcurrencewiththeAugusta- RichmondCountyPlanningCommissionto approvea petitionbyPatriciaVarnadorequestingachangeof zoning from ZoneB-1(NeighborhoodBusiness)toZoneB-2 (GeneralBusiness)affectingpropertycontaining1.0acres andknownunderthepresentnumberingsystemas243 6 WindsorSpringRoad .(TaxMap131Parcel26.1) DISTRICT6 Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 11 CommissionMeetingAgenda 10/16/20072:00PM PlanningCommission Department:PlanningCommission caption2: ZA-R-182–ArequestforconcurrencewiththeAugusta- RichmondCountyPlanningCommissionto approve an amendmenttotheComprehensiveZoningOrdinancefor Augusta-RichmondCountywhichwouldamendSections 7, 24,and26to allowminingandrelatedactivitiesinHI (HeavyIndustry)Zones byrightandinanyzoneby Special Exceptionifcertainobjectivecriteriaaremet. Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 12 ORDINANCE ______ An Ordinance to amend the Comprehensive Zoning Ordinance adopted by the Augusta-Richmond County Commission effective September 16, 1997 by amending Section Sections 7, 24, and 26 to allow mining and related activities in HI (Heavy Industry) Zones by right and in any zone by Special Exception if certain criteria are met. THE AUGUSTA COMMISSION HEREBY ORDAINS: SECTION I. That the Comprehensive Zoning Ordinance is amended by deleting the current language in Section 7-2 in its entirety: 7-2 The following Special Exceptions shall apply in an A zone and may be permitted upon approval of location by the Augusta-Richmond County Planning Commission: (a) Mineral exploration provided that the activity is conducted in a manner which minimizes disturbances of the land and the work is completed within two (2) years of the date of approval granted by the Augusta-Richmond County Planning Commission. Any time during said two (2) year period or within 30 days thereafter, the owner or his agent shall file a certificate with the Executive Director of the Augusta-Richmond County Planning Commission stating either that the right to excavate for minerals is relinquished or that the right to so excavate is retained. (1) Excavation of mineral deposits from land and incidental operations thereto for which a Special Exception for mineral exploration has been obtained shall be permitted after the owner has first submitted and obtained approval of the Executive Director of the Augusta- Richmond County Planning Commission concerning each of the following: - A Mined Land Use Plan as defined and required by the Georgia Surface Mining Act of 1968, as the same may be hereafter amended. - A copy of the license authorizing the excavation of mineral deposits as required by the Georgia Surface Mining Act of 1968. Attachment number 1 Page 1 of 4 Item # 12 - Name and address of the operator of the mining operation. - Location Map showing the general location of the property involved and the number of acres within the site. - A copy of the bond as required by the Georgia Surface Mining Act. - Evidence that the Mined Land Use Plan has been approved by the Surface Mined Land Use Board pursuant to the Georgia Surface Mining Act of 1968. - After the submission of the information as required above, the Executive Director of the Augusta- Richmond County Planning Commission shall issue a letter to the operator acknowledging compliance and authorizing commencement of the mining operation. Nothing herein contained is intended to require a permit solely for the purpose of mineral exploration so long as such exploration is restricted to the removal of limited amounts for exploratory purposes and not sold, processed for sale, or consumed in the regular operation of business. (2) Buildings incidental to the excavation, processing and sale of minerals upon approval of the site plan by the Executive Director of the Augusta-Richmond County Planning Commission. SECTION II. That the Comprehensive Zoning Ordinance is amended by deleting the current language in Section 24-1(d)(21) “Quarry or stone mill” and replacing it with “Excavation of mineral deposits including but not limited to stone, sand, clay, gravel, and operations incidental thereto”. SECTION III. That the Comprehensive Zoning Ordinance is amended by deleting the current language in Section 24-1(d) (22) “Rock, sand, or gravel distribution, storage, excavation, or crushing” in its entirety. SECTION IV. That the Comprehensive Zoning Ordinance is amended by adding to Subsection 26-1: Attachment number 1 Page 2 of 4 Item # 12 (q) Excavation of mineral deposits including but not limited to stone, sand, clay, gravel, and operations incidental thereto may be permitted subject to the following criteria: (1) Submission of a copy of a Mined Land Use Plan, pursuant to 391-3-3- 05 of the Georgia Environmental Rules, that has been submitted to the Georgia Environmental Protection Division along with EPD’s approval of the plan. (2) Submission of a plat prepared by a Georgia Registered Land Surveyor at the time of the application showing conformance to the following spacing requirements: (a) No activity under this Subsection shall be conducted within 300 feet of a residence (b) No activity under this Subsection shall be conducted within 100 feet of an R-zone boundary unless a consent form provided by the Planning Commission and signed by the affected property owners is provided with the application. (c) No activity under the Subsection shall be conducted within 50 feet of any property line unless a consent form provided by the Planning Commission and signed by affected property owners is provided with the application. (3) Submission of supporting data at the time of application indicating that the impacts of the proposed activity including but not limited to noise, vibration, dust, stormwater, groundwater and aesthetics will not substantially diminish the quality Attachment number 1 Page 3 of 4 Item # 12 of life of the surrounding community. This data may be part of the Mined Land Use Plan or it may be a separate submission. SECTION V: All Ordinances or parts of Ordinance in conflict with the Ordinance are hereby repealed. Done in Open Meeting under the Common Seal thereof this ______ day of __________________, 2007 APPROVED THIS _______ day of ____________________, 2007. __________________________________________ MAYOR, AUGUSTA COMMISSION AUGUSTA, GEORGIA ATTEST: ___________________________________________ CLERK OF COMMISSION Attachment number 1 Page 4 of 4 Item # 12 CommissionMeetingAgenda 10/16/20072:00PM PlanningCommissionRegularAgenda Department:PlanningCommission caption2: Z-07-82-ArequestforconcurrencewiththeAugusta- RichmondCountyPlanningCommissionto denyapetition byEricMorrellDixon,onbehalfofMichaelC.Shel ton, requestingachangeofzoningfrom ZoneB-1 (NeighborhoodBusiness)toZoneB-2(GeneralBusine ss) affectingpropertycontaining.49acresandisknow nunder thepresentnumberingsystemas2053BroadStreet.(Tax Map027-3Parcels075and075-01)DISTRICT1 Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 13 CommissionMeetingAgenda 10/16/20072:00PM AlcoholApplication Department:License&Inspections caption2:Motionto approveaNewOwnershipApplication:A.N.07 -44:arequestbyCarlaButlerforanonpremise consumption Liquor&Beer licensetobeusedin connectionwithHayloftSportsBar&Grilllocated at3179 GordonHwy..TherewillbeDance.District3.Super District10.(ApprovedbyPublicServicesCommittee October8,2007) Background:Thisisanewownershipapplication.Formerlyinth enameof CarolynBeard. Analysis:TheapplicantmeetstherequirementsoftheAugusta RichmondCountyAlcoholOrdinance FinancialImpact:Theapplicantwillpayapro-ratedfeeof$1925.00. Alternatives: Recommendation:License&Inspectionsrecommendsapproval.TheRCSD recommendsapproval. Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : Finance. Cover Memo Item # 14 Administrator. ClerkofCommission Cover Memo Item # 14 Attachment number 1 Page 1 of 1 Item # 14 Attachment number 2 Page 1 of 1 Item # 14 CommissionMeetingAgenda 10/16/20072:00PM AlcoholApplication Department: caption2:Motionto approveaNewApplication:A.N.07-45:a requestbyMarshaD.Rabornforanonpremiseconsu mption Liquor,Beer&Wine licensetobeusedinconnectionwith MiTequila,LLCDBAOleOleMexicanBar&Grillloc ated at3064WashingtonRd.TherewillbeSundaySales.District 7.SuperDistrict10.(ApprovedbyPublicServices CommitteeOctober8,2007) Background:Thisisanewapplication. Analysis:TheapplicantmeetstherequirementsoftheAugusta RichmondCountyAlcoholOrdinance. FinancialImpact:Theapplicantwillpayapro-ratedfeeof$3327.50. Alternatives: Recommendation:License&Inspectionsrecommendsapproval.TheRCSD recommendsapproval. Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : Finance. Administrator. Cover Memo Item # 15 ClerkofCommission Cover Memo Item # 15 Attachment number 1 Page 1 of 1 Item # 15 Attachment number 2 Page 1 of 1 Item # 15 CommissionMeetingAgenda 10/16/20072:00PM AlcoholApplication Department: caption2:Motionto approveaNewOwnershipApplication:A.N.07 -46:arequestbyEykeniaLawrenceforanonprem ise consumption Liquor&Beer licensetobeusedin connectionwithClubNitrolocatedat 2925PeachOrchard Rd.TherewillbeDance.District6.SuperDistrict1 0. (ApprovedbyPublicServicesCommitteeOctober8, 2007) Background:Thisanewownershipapplication.Formerlyinthen ameof BarbaraPitt. Analysis:TheapplicantmeetstherequirementsoftheAugusta RichmondCountyAlcoholOrdinance. FinancialImpact:Theapplicantwillpayapro-ratedfeeof$2015.00. Alternatives: Recommendation:License&Inspectionsrecommendsapproval.TheRCSD recommendsapproval. Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : Finance. Cover Memo Item # 16 Administrator. ClerkofCommission Cover Memo Item # 16 Attachment number 1 Page 1 of 1 Item # 16 Attachment number 2 Page 1 of 1 Item # 16 CommissionMeetingAgenda 10/16/20072:00PM AlcoholApplication Department:License&Inspections caption2:Motionto approve aNewOwnershipApplication:A.N.07 -47:arequestbyNamSunKwonforaretailpackag e Beer &Wine licensetobeusedinconnectionwithKwon ConvenienceStorelocatedat 3184SkinnerMillRd . District7.SuperDistrict10.(ApprovedbyPublic ServciesCommitteeOctober8,2007) Background:Thisisanewownershipapplication.Formerlyinth enameof JongNathanson. Analysis:TheapplicantmeetstherequirementsoftheAugusta - RichmondCountyAlcoholOrdinance. FinancialImpact:Theapplicantwillpayapro-ratedfeeof$605.00 Alternatives: Recommendation:License&Inspectionrecommendsapproval.TheRCSD recommendsapproval. Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : Finance. Administrator. Cover Memo Item # 17 ClerkofCommission Cover Memo Item # 17 Attachment number 1 Page 1 of 1 Item # 17 Attachment number 2 Page 1 of 1 Item # 17 CommissionMeetingAgenda 10/16/20072:00PM AlcoholApplication Department:License&Inspections caption2:Motionto approve aNewOwnershipApplication:A.N.07 -48:arequestbyMaheshP.Sutariyaforaretailp ackage Beer&Wine licensetobeusedinconnectionwithLaney SuperMarketlocatedat843LaneyWalkerBlvd.Dist rict1. SuperDistrict9.(ApprovedbyPublicServicesCommittee October8,2007) Background:Thisisanewownershipapplication.Formerlyinth enameof GangKim. Analysis:TheapplicantmeetstherequirementsoftheAugusta RichmondCountyAlcoholOrdinance FinancialImpact:Theapplicantwillpayapro-ratedfeeof$605.00 Alternatives: Recommendation:License&Inspectionsrecommendsapproval.TheRCSD recommendsapproval. Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : Finance. Administrator. Cover Memo Item # 18 ClerkofCommission Cover Memo Item # 18 Attachment number 1 Page 1 of 1 Item # 18 Attachment number 2 Page 1 of 1 Item # 18 CommissionMeetingAgenda 10/16/20072:00PM AlcoholApplication Department:License&Inspections caption2:Motionto approve arequestbyJanScholerfora OneDay SpecialEventBeer licenseforOctober20,2007tobeused inconnectionwithWildWingCafelocatedat3035 WashingtonRd.District7.SuperDistrict10.(Approved byPublicServicesCommitteeOctober8,2007) Background:Thisaspecialeventlicensetherewillbeabandi nthe parkinglot. Analysis:TheapplicantmeetstherequirementsoftheAugusta RichmondCountyAlcoholOrdinance. FinancialImpact:Theapplicantwillpayafee0f$50.00 Alternatives: Recommendation:License&Inspectionsrecommendsapproval.TheRCSD recommendsapproval. Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : Finance. Administrator. ClerkofCommission Cover Memo Item # 19 Cover Memo Item # 19 Attachment number 1 Page 1 of 1 Item # 19 CommissionMeetingAgenda 10/16/20072:00PM BusinessLicenseApplication Department:License&Inspections caption2:Motionto approvearequestbyCharlesCummingsfora reconsiderationoftherevocationoftheBusinessTa x CertificateofSuperCRestaurantlocatedat2746T obacco Rd.District4.SuperDistrict9.(ApprovedbyPublic ServicesCommitteeOctober8,2007) Background:TheBusinessTaxCertificateaswellastheAlcohol License ofthislocationwererevokedattheAugust7,2007 Regular Comnmissionmeeting. Analysis:ThislocationiscloseditisattheCommissionsdi scretionas towhatshouldbedone. FinancialImpact:Theapplicantwillpaynormalbusinesslicensefee. Alternatives: Recommendation:License&Inspectionshasnorecommendation. Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 20 Attachment number 1 Page 1 of 1 Item # 20 CommissionMeetingAgenda 10/16/20072:00PM BusinessLicenseApplication Department: caption2:Motionto approvearequestbyLydiaGiustoforaMassage TherapyOperatorslicensetobeusedinconnection with Evokelocatedat2068thStreet.District1.Super District9. (ApprovedbyPublicServicesCommitteeOctober8, 2008) Background:Thisisanewapplication. Analysis:TheapplicantmeetstherequirementsoftheAugusta RichmondCountyOrdinanceregulatingMassageTherap y. FinancialImpact:Theapplicantwillpayfeeof$185.00 Alternatives: Recommendation:License&Inspectionsrecommendsapproval.TheRCSD recommendsapproval. Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 21 Attachment number 1 Page 1 of 1 Item # 21 Attachment number 2 Page 1 of 1 Item # 21 CommissionMeetingAgenda 10/16/20072:00PM DiamondLakesCommunityCenterLockerRooms Department:TomF.Beck,DirectorofRecreationandParksDepar tment caption2:Motionto approveA/Eservicesforlockerroombuildoutat DiamondLakesCommunityCentertoTheWoodhurst PartnershipArchitecturefor$5,800.00.(Approvedby PublicServicesCommitteeOctober8,2007) Background:DuringtheconstructionoftheCommunityCenter/Lib rary fromSPLOSTPhaseIVfunding,thelockerroomswere not completedduetothelackoffunds.Fundinghasbee n approvedthroughSPLOSTVforcontinuedimprovement sto thisregionalpark.TheWoodhurstPartnershipArchi tecture istheoriginalarchitectofrecordfromtheincept ionofthis regionalparkdevelopment. Analysis:DuringthefirstphaseofdevelopmentattheCommun ity Center/Library,thelockerroomswereonlyshelled asroom space.Becauseofthetremendoususeofthisfacili ty,the numberoneimprovementrecommendedbytheparkpatr ons istocompletethelockerrooms. FinancialImpact:Theestimatedcostofthisprojectis@$60,000.The A/Efee proposedis$5,800or9.6%of@constructioncost.Funds areavailablefromSPLOSTVfundingforDiamondLak es RegionalPark. Alternatives:1.Toapproveaprofessionalservicesagreementwit hThe WoodhurstPartnershipfordesignservicesatDiamon dLakes CommunityCenterintheamountof$5,800.002.Move no actionthusdelayingtherequiredimprovementsatD iamond Lakes. Recommendation:1.ToApprove Cover Memo Item # 22 Fundsare Availableinthe Following Accounts: 325061110-206065007 REVIEWEDANDAPPROVEDBY : Finance. Administrator. ClerkofCommission Cover Memo Item # 22 Page 1 of 3 A. AGREEMENT TO PROVIDE PROFESSIONAL DESIGN SERVICES TO: Augusta/Richmond County Recreation and Parks Department Augusta, Georgia B. PROJECT DESCRIPTION: LOCKER ROOM BUILD OUT, DIAMOND LAKES COMMUNITY CENTER, AUGUSTA, GEORGIA The project scope is to provide Bid Documents, with minor revisions, for the “Build-Out” of the previously designed locker rooms along with bidding assistance and construction phase services. C. PROFESSIONAL DESIGN SERVICES: The Woodhurst Partnership (Architect) will provide the Augusta-Richmond County Recreation and Parks Department (Owner) with design drawings and specifications necessary for the permitting and construction build-out of the Locker Rooms including required architectural, electrical, mechanical and plumbing services. D. SCOPE OF SERVICES, will be as follows: 1. DRAWINGS & SPECIFICATIONS PHASE The Architect shall prepare and assemble revised Locker Room floor plans and detail sheet and new cover sheet, review, assemble and revise certain architectural, electrical, mechanical and plumbing sheets. Review for code compliance. Site visits to verify existing conditions. The Architect shall assemble project manual, write new scope of work, include Augusta- Richmond County standard front-end documents, coordinate bidding schedule, reassemble specifications for reuse and print project manual. 2. BIDDING PHASE The Architect shall provide original documents suitable for bidding, attend pre-bid meeting(s), respond to RFI’s, prepare addenda attend bid opening. Attachment number 1 Page 1 of 3 Item # 22 Page 2 of 3 3. CONSTRUCTION PHASE The Architect shall assist the Owner in conducting a pre-construction conference, make periodic site visits when requested by Owner, review shop drawings, approve pay requests, provide punch lists and final inspections. E. QUALIFICATIONS, WITH REGARD TO PART “D”: 1.) In the review of the shop drawings the Architect shall be limited to evaluating the conformance of the submittal with the overall design concept only. 2.) The Architect shall bear no responsibility for project jobsite safety during the construction process. 3.) The Architect shall bear and assume no liability for the Contractors means and methods of construction. 4.) The Architect does not assume to guarantee the Contractor’s compliance with the plans, specifications and/or applicable laws and codes, however, the Architect will point out any observed deficiencies made during any of the Architect’s site visits. F. ADDITIONAL SERVICES: Any requested services not specified in Part “D” of this Agreement shall be considered Additional Services and shall be provided at an agreed upon lump sum or at Architect’s standard hourly rates. G. FEES for professional services will be as follows: 1. Drawing and Specifications Phase . . . . . . . . . . . . . $3,500.00 2. Bidding Phase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 800.00 3. Construction Phase . . . . . . . . . . . . . . . . . . . . . . . . . $1,500.00 TOTAL PROJECT FEE $5,800.00 H. BILLING AND PAYMENTS: 1.) The fees for the professional design services shall be as outlined in Part “G”. 2.) The above fees will be invoiced as the work progresses and/or at the end of each phase. Reimbursable expenses will be in addition to the above fees. Attachment number 1 Page 2 of 3 Item # 22 Page 3 of 3 I. REIMBURSABLE EXPENSES: 1.) Expenses of the Architect incurred on behalf of the project, such as printing cost, etc., shall be reimbursed to the Architect at the invoiced rate times 1.15% of the actual expense. 2.) With the exception of printing of the Contract Document, no reimbursable expenses shall be incurred without prior approval of the Owner. J. OWNER’S RESPONSIBILITIES: 1.) The Owner’s (or Owner’s Representative) shall handle the printing and distribution of the Contract Documents to the potential bidders. 2.) The Owner’s (or Owner’s Representative) shall provide periodic site visits and construction observation, requesting site visits from the Architect only as needed. K. ACCEPTANCE: If this proposal is acceptable to the Augusta-Richmond County Recreation and Parks Department, please provide your authorization to proceed with the professional services by signing below and returning a copy to us. THE WOODHURST PARTNERSHIP – ARCHITECTURE 607 15th Street Augusta, GA 30901 BY: (Partner) DATE: August 23, 2007 BY: CLIENT: TITLE: DATE: END OF AGREEMENT Attachment number 1 Page 3 of 3 Item # 22 CommissionMeetingAgenda 10/16/20072:00PM LPAGroupIncorporatedContractExtension Department:AugustaRegionalAirport caption2:Motionto approverequesttoextendthecontractbetween AugustaRegionalAirportandtheLPAGroupIncorpor ated. (ApprovedbyPublicServicesCommitteeOctober8, 2007) Background:TheLPAGroupIncorporatedwasselectedastheairp ort ArchitecturalandEngineeringfirminJuly2002for afive yearperiodwhichbeganupontheissuanceoftheir first WorkAuthorizationinSeptemberofthatyear.Thea irport selectedanewfirmuponthecompletionofthecurr ent contract.TheLPAGroup,uponrequestfromtheAugu sta AviationCommission,submittedaWorkAuthorization in May2003forthedesignandbasicandspecialservi ces includingcivilengineeringoftheNewTerminalPro ject. Analysis:ThecontractwiththeLPAGroupwillendinSeptemb er 2007.Theextensionletterwillallowforthecontr actto continueforapproximatelysix(6)months,onamon thto monthbasis,untiltheirpartoftheNewTerminalP rojectis completed.Itisthebeliefofairportstaffandth eAviation CommissionthatkeepingcontinuitybetweentheArch itect, ConstructionProgramManager,andtheConstruction firm throughthecompletionoftheNewTerminalProject is extremelyimportantinordertorealizethebestpr oduct possible. FinancialImpact:Approximately$14,000permonth. Alternatives:Denyrequest. Recommendation:Approverequest. Cover Memo Item # 23 Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : Finance. Administrator. ClerkofCommission Cover Memo Item # 23 LP!! THE LPA GROUP INCORPORATED Engineers . Architects w Planners 700 HUGER STREET. PO. BOX 5805 . COLUMBIA, SC 29250.803-254-22 1 1 . FAX 803-779-8749 September 5, 2007 Mr. Buster Boshears, Executive Director Augusta Regional Airport 150 1 Aviation Way Augusta, Georgia 30906 RE: AUGUSTA REGIONAL AIRPORT TERMINAL - LPA Project No. AR209035 Dear Mr. Boshears: LPA's agreement with the Augusta Regional Airport Commission to provide Construction Administration (CA) services for the Terminal Improvement Program was based on an assumption that the Contractor would be Substantially Complete with the entire project (4 phases) by October 22,2007. This is based on a NTP date of on or about April 13, 2005 and a contract time of 905 days, plus 18 days for Master's week breaks, or a total of 923 days. Further, we understand, and for reasons beyond LPA's control, the Contractor has been granted an additional 92 days based on Change Orders to date. This brings the new current date established for Substantial Completion to January 22, 2008. Finally, it is also our understanding, based on the most recent submitted schedule, that the Contractor is actually planning to achieve Substantial Completion of Phase 4 on or about April 14, 2008 (see attached schedule), or six (6) months later than the original date established for Substantial Completion. I have been advised by my staff that is engaged in the project that we continue to review submittals, respond to RFI's, coordinate the work of our subconsultants, inspect the work, attend progress meetings etc. In other words, provide full CA services as anticipated in our agreement. I would also note that the Program Manager, in conjunction with the Contractor, plans to request four (4) separate Substantial and Final Completion inspections for each area (B, C, and D & E) of Phase 3. Our contract currently anticipates only one Substantial and Final Completion Inspection for this Phase. LPA's total fee, not including our subconsultants or direct costs, to provide these services through October 13,2007 was $457,302. Our average cost per month based on the original 32 month schedule (30 months to Substantial Completion + 2 months for closeout) is about $14,000. Obviously, some months require more or less effort than avcrzgc bxed cn ac%sl xti-~ity of +ha Ca-.ntractc?r. We would whmit. however. that the upcoming flurry of events to complete Phase 3, including its proposed multi-phase completion, and to finally complete the project (Phase 4) is going to require an above average CA effort. For the sake of simplicity, however, we propose to complete the additional six months of required CA services for a lump sum of $84,000 ($14,000 x 6 months). We respectfully request your consideration of this proposal and I would be happy to discuss it with you at your convenience. -is J. Wiehl, AIA Vice President ATLANTA m BATON ROUGE w CHARLESTON w CHARLOTE w COLUMBIA w GREENSBORO w GULFPORT w JACKSONVILLE KNOXVILLE w LlTLE ROCK w MOBILE w ORLANDO w RALEIGH w SARASOTA w TALLAHASSEE w TAMPA w WEST PALM BEACH Attachment number 1 Page 1 of 2 Item # 23 w , . Phase 2 ContFactml Completion ! , u NTP Phase 3 I120 Phase 3 Conbact 3651 365 IOAUGCS Phase 3 Contract I M1AUGO7 1125 2007 Masters' Shuldm 101 10 1OAUG07 19WG07 -n 2007 Masters' Shutdown l0LIi - NTP Phase 1 0 0 134PR05' 1010 Phase 1 Contract 300 300 14APR05 07FE I I140 ICO #8~sbesh Time i 5i S~OISEP~~ ~OSSEPO~ I1 1020 1030 1040 1050 1060 I070 I080 I 1160 ICO 111 D~IWUS NrlFutum Airlines Tbne i 4i Q~I~SEP~~ ~~ISEPO~ 1 - 1090 NTP Phase 2 0 0 1lAPR06 NTP Phase 2 I 100 /Phase 2 htmt 1 120 120112~~~06 109~wjo6 - I Phase 2 Contact CO I1 Building Perm~ls CO 114 Weather Days CO #4 FaualSdiI CO #4 Gable Phase 1 SlmstanUal Completion - -- Tenanl Moves 8 Punchlit 2006 Masters' Shutdm I 1240 IP~~S~ 3 Moves (NO CO~S~IUCUO~) i 14j 14iWD~c07 ~I~DECO~ ]I 1170 1160 llQ0 1 200 1210 1230 ir CO #7 Time Award (Ph 2 Early ( 10 13 12 3 0 la- 10 .I CO #8 Asbeslos Time CO #I2 Mln Upfd co ~2 0- partition CO 6113 Noksecure Conoesdons Outstanding Weather Days outslanding CO Dap Phase 3 SubsQntial Cwn&tkm eh CO d8 Subgrade Time j, I CO#ll DeltalUS AlrlFutum I 10 13 12 3 0 10 B4 CO #I 2 Admin Upfit rl CO #12 Operable PaNtion ir C0 m3 Non-Swm Conce 6 3 12 20 0 Ih Ouklanding Wealher Day - Ouflanding CO Days 08FEB06 1ffEB06 03MAR06 15MAR06 14'it?t~~a6 OlAPR06 - Phase 3 Substantial 6 3 12 20 32 0 *I Phase 3 Moves (No 17FEB08 02MARO6 1-06 17MARO6 17M4R06 31~06 1OAPR06 ..., . .-" - 1260 Phase 4 Contract 120 120 17DEC07 14APROB - Phase 4 Conbact 1265 Phase 4 btradurel Completia, 0 0 14APR08 Do Phas -3 * -- Pmje CO #I Build~ng Permils C0 #4 Weather Days .I il CO #4 FacialSoffil rl CO #4 Gable A Phase 1 Substanlial Complet3on h Tenanl Moves 8 Punchlist H 2006 Masters' Shutdown 22SEPO7 2BSEPO7 010CfD7 130CT07 02NOV07 - . - - -- IPIIR70S - - - .. , . . . . -- -- e* - ~Le*! . ?!!xEB .i lwdao 1:-7D5 ~nclxc E>stT! > .p,,. .,. r... ,a 27SEW7 30SEPO7 120CTO7 01NOV07 03MC07 03DEC07 Item # 23 CommissionMeetingAgenda 10/16/20072:00PM MeadowbrookParkImprovements Department:TomBeck,DirectorofAugustaRecreationandParks Department caption2:Motionto approveaprofessionalservicescontractfor improvementstoMeadowbrookParktoJohnson,Lascho ber &Associatesfor$9,500.(ApprovedbyPublicServices CommitteeOctober8,2007) Background:AmasterplanforMeadowbrookParkwasdevelopedan d implementedin2004,andPhaseIwascompletedin2 005. Fundingfortheseimprovements,PhaseII,havebee n approvedandarepartoftheDepartment'sSPLOSTV allocationforparkimprovements.Thebudgetforth isproject is$95,000. Projectedimprovementstobedesignedforbidinclu depicnic shelter,comfortstation,landscapingandparking. Analysis:Meetingshavebeenconductedwiththeneighborhood associationtoreviewtheelementsofthemasterpl anandto developanumberofpotentialamenitiesthecurrent budget wouldallowfor.Itwasagreedthattheconsulting firmof record,Johnson,Laschober&Associatesberetained andbe directedtodesignthephaseIIimprovementsthisp rojectwill contain. FinancialImpact:MoniesareavailableinSPLOSTV. Alternatives:1.Toapproveaprofessionalservicescontractwith Johnson, Laschober&Associatesfor$9,500.2.Movenoactio nthus delayingtherequiredimprovementsatMeadowbrookP ark. Recommendation:1.ToApprove. Cover Memo Item # 24 Fundsare Availableinthe Following Accounts: 325061110-207065024 REVIEWEDANDAPPROVEDBY : Finance. Administrator. ClerkofCommission Cover Memo Item # 24 E N G I N E E R S E N G I N E E R S E N G I N E E R S E N G I N E E R S ♦♦♦♦ D E S I G N E R S D E S I G N E R S D E S I G N E R S D E S I G N E R S ♦♦♦♦ C O N S U L T A N T S C O N S U L T A N T S C O N S U L T A N T S C O N S U L T A N T S ♦♦♦♦ L A N D S C A P E A R C H I T E C T S L A N D S C A P E A R C H I T E C T S L A N D S C A P E A R C H I T E C T S L A N D S C A P E A R C H I T E C T S FEE PROPOSAL PROPOSAL #: 174 DATE: 9/25/07 TO: Mr. Ron Houck SENT BY: PHONE [ ] Augusta-Richmond County Recreation & Parks FAX [706-796-4099] 2027 Lumpkin Road EMAIL rhouck@augustaga.gov RE: Meadowbrook Park Improvements - Phase II BY: Darren R. Prickett, RLA TIME FRAME: To Be Determined FEE: $9,500 (Based on 10% of Project Construction Budget ($95,000)) SCOPE OF SERVICES: Johnson, Laschober and Associates (JLA) appreciates the opportunity to provide engineering and landscape architectural design services for the purpose of assisting the Augusta-Richmond County Recreation and Parks Dept. with the expansion of facilities at Meadowbrook park. Scope of Work: A. Provide preliminary design for a comfort station and two covered bench (one-family) stations, paved park entrance, driveway and parking for sixteen cars, locations for field bleachers and park shade trees. B. Provide final design and site development permitting for project. C. Assist Owner with project bidding. D. Provide construction administration services limited to bi-weekly site visits during construction, review of pay requests and a substantial completion punch list. Thank you for the opportunity and we look forward to working with you on this exciting project. Please return a signed copy of this proposal, a purchase order, or a contract before work commences. This proposal will be considered in effect if work commences without a signed copy being received by JLA. The terms and conditions on the following page of this proposal are part of this agreement. ACCEPTED BY: __________________________________________________________ [Signature] [Date] Attachment number 1 Page 1 of 2 Item # 24 Terms and Conditions Engineer of Record (ER) shall perform the services outlined in this agreement for the stated fee agreement. Access To Site -- Unless otherwise stated, the ER will have access to the site for activities necessary for the performance of the services. The ER will take precautions to minimize damage due to these activities, but has not included in the fee the cost of restoration of any resulting damage. Fee --The total fee, except stated lump sum, shall be understood to be an estimate, based upon Scope of Services, and shall not be exceeded by more than ten percent, without written approval of the Client. Where the fee arrangement is to be on an hourly basis, the rates shall be those that prevail at the time services are rendered. Billings/Payments -- Invoices will be submitted monthly for services and reimbursable expenses and are due when rendered. Invoices shall be considered PAST DUE if not paid within 30 days after the invoice date and the ER may, without waiving any claim or right against Client, and without liability whatsoever to the Client, terminate the performance of the service. Retainers shall be credited on the final invoice. A service charge will be charged at 1.5% (or the legal rate) per month on the unpaid balance. In the event any portion of an account remains unpaid 90 days after billing, the Client shall pay cost of collection, including reasonable attorneys' fees. Indemnifications -- The Client shall indemnify and hold harmless the ER and all of its personnel from and against any and all claims, damages, losses and expenses (including reasonable attorneys’ fees) arising out of or resulting from the performance of the services, provided that any such claims, damage, loss or expense is caused in whole or in part by the negligent act or omission and/or strict liability of the Client, anyone directly or indirectly employed by the Client (except the ER) or anyone for whose acts any of them may be liable. Hidden Conditions -- A hidden condition is hidden if concealed by existing finishes or if it cannot be investigated by reasonable visual observation. If the ER has reason to believe that such a condition may exist the ER shall notify the client who shall authorize and pay for all costs associated with the investigation of such a condition and, if necessary, all costs necessary to correct said condition. If ( 1 ) the client fails to authorize such investigation or correction after due notification, or (2) the ER has no reason to believe that such a condition exists, the client is responsible for all risks associated with this condition, and the ER shall not be responsible for the existing condition nor any resulting damages to persons or property. Risk Allocation -- In recognition of the relative risks, rewards and benefits of the project to both the Client and the ER, the risks have been allocated so that the Client agrees that, to the fullest extent permitted by law, the ER's total liability to the Client, for any and all injuries, claims, losses, expenses, damages or claim expenses arising out of this agreement, from any cause or causes, shall not exceed the total amount of $50,000, the amount of the ER's fee (whichever is greater) or other amount agreed upon when added under Special Conditions. Such causes, include, but are not limited to the ER's negligence, errors, omissions, strict liability, breach of contract or breach of warranty. Termination of Services -- This agreement may be terminated upon 10 days written notice by either party should the other fail to perform his obligations hereunder. In the event of termination, the Client shall pay the ER for all services, rendered to the date of termination, all reimbursable expenses, and reasonable termination expenses. Ownership Documents -- All documents produced by the ER under this agreement shall remain the property of the ER and may not be used by this Client for any other endeavor without the written consent of the ER. Applicable Law -- Unless otherwise specified, this agreement shall be governed by the laws of the principal place of business of the ER. Attachment number 1 Page 2 of 2 Item # 24 CommissionMeetingAgenda 10/16/20072:00PM ParsonsBrinckerhoffConstructionServices,Inc.Ex tension Department:AugustaRegionalAirport caption2:Motionto approverequesttoextendthecontractbetween AugustaRegionalAirportandParsonsBrinckerhoff ConstructionServices,Inc.(ApprovedbyPublicServcies CommitteeOctober8,2007) Background:ParsonsBrinckerhoffConstructionServices,Inc.wa s selectedthroughtheRFQprocessinMarch2004for ConstructionManagementServicesfortheNewTermin al Projectfora30monthperiod. Analysis:ThecontractwithParsonsendedinSeptember2007.The extensionletterwillallowParsonstoprovideserv icesas statedinthecontractonamonthtomonthbasisth roughMay 11,2008.Itisthebeliefofairportstaffandthe Aviation CommissionthatkeepingcontinuitybetweentheArch itect, ConstructionProgramManager,andtheConstruction firm throughthecompletionoftheNewTerminalProject is extremelyimportantinordertorealizethebestpr oduct possible. FinancialImpact:$382,479.75foranextensionof36weeks. Alternatives:Denyrequest. Recommendation:Approverequest. Fundsare Availableinthe Following Accounts: Cover Memo Item # 25 REVIEWEDANDAPPROVEDBY : Finance. Administrator. ClerkofCommission Cover Memo Item # 25 Parsons 15 10 Hanger Road, Suite A Brinckerhoff Augusta, GA 30906 Constnrctlon 706- 771 -5 1 72 Services, Inc. Fax: 706- 771 -5 1 76 September 26,2007 Willis M. Boshears Airport Director Augusta Regional Airport 1501 Aviation Way Augusta, Georgia 30906 Re: Proposed Contract Amendment Construction Management Services Augusta Regional Airport Terminal Area Improvements Project NO. RFP #04-089 Dear Buster: Please consider this as our written request for additional compensation and time as required by Articles 3 and 4 of our contract. EXHIBIT C, of our contract provides that the "Duration of Construction Management Services will not exceed thirty (30) months". With a Notice-to-Proceed date of March 4, 2005, our services were anticipated to be completed by September 3,2007. As a result of circumstances beyond our control and without our fault, we presently anticipate that our services will continue into May, 2008. PROPOSED AMENDMENT: We propose that the schedule of our services be increased from thirty (30) months to thirty eight (38) months and one week. This is a total time increase of 36 weeks. We propose that our Lump Sum compensation be increased as follows: Over a Century of Engineering Excellence Attachment number 1 Page 1 of 5 Item # 25 Parsons 15 10 Hanger Road, Suite A Brlnckehoff Augusta, GA 30906 Conrinrctlon 706- 771 -5 1 72 Senlces, Inc. Fax: 706- 771 -5 1 76 The following invoice payments will be made during the additional 36 weeks of this contract. a) 5 - four week payments of Forty Six Thousand Three Hundred Thirty Five Dollars and Ninety Five Cents ($46,335.95) (Sept 4,2007 through Jan 2 1,2008) 5 payments x $46,335.95 = $231,679.75 b) 4 - four week payments of Forty One Thousand and Zero Cents ($37,700.00) .- (Jan 22,2008 through May 1 1,2008) 4 payments x $37,700.00 = $150,800.00 TOTAL ADDITIONAL LUMP SUM PAYMENT $382,479.75 SCHEDULE JUSTIFICATION: We anticipate the schedule of construction to be as follows: - Complete phase 3 - move to new terminal; Dec. 8.2007 - Complete phase 4 (4 month duration); April 14,2008 - one month to complete punch list, finalize outstanding construction issues, finalize FAA documentation requirements, and close office - services to be finalized on May 1 1,2008 COST JUSTIFICATION: The four week payment amounts were determined as follows: a) Sept. 4,2007 thru Jan 2 1,2008 Original 4 week payments $44,553.80 4% Wage Escalation $ 1,782.15 Revised 4 week payment $46,335.95 Over a Century of Engineering Excellence Attachment number 1 Page 2 of 5 Item # 25 Parsons 15 10 Hanger Road, Suite A Brlnckerfroff Augusta, GA 30906 Const~ctlon 706-771 -51 72 Senlces, Inc. Fax: 706- 771 -5 1 76 b) Jan 22,2008 thru May 11,2008 Anticipate reduction in construction effort and associated reduction in our construction management effort. Revised 4 week payment $37,700.00 Of course, we will be glad to meet and discuss or provide additional information concerning this Proposed Contract Amendment. In addition, we will be glad to provide finalized Contract Amendment for your review and execution. Sincerely, PB Americas, Inc. I I CbL Richard D. Kennedy, P.E. Senior Manager of Projects Vice President cc: Ken Spillett, P.E. Matt McCoy, P.E. Amy Brune Attachment number 1 Page 3 of 5 Item # 25 Contract Extension Estimate Augusta Regional Airport Below are two (2) cost estimates: the first covers the period September through January representing full staff; the second covers February through May and cuts back staffing Labor Costs Position Construction Manager Lead Inspector Lead Inspector O.T. (Opening). Office Engineer Office Engineer O.T. (Opening)' Administrative Assistant Direct Expenses Description Vehicles Phone Service Cell Phone Service Internet Service Postage Meter Office Expenses Miscellaneous Materials Testinglmonth Copy Machine September 26, 2007 September 04 through January 21,2008 Rate HoursMTeek WeekslBilling Cycle Multiplier I $47.91 40 4 $31.70 40 4 $31.70 16 1 $53.56 40 4 $53.56 16 1 $38.00 24 4 Quantity Unit Cost Cost Direct Expense Totals Monthly Costs Labor Totals CostlBilling Cycle $46,542.15 USE $46,335.95/month ($44,553.80 x 1.04) * Assume 80 hours total Overtime to support Terminal opening. Spread over 5 periods Item # 25 January 22 through May 11,2008 Labor Costs Position Construction Manager Lead Inspector Office Engineer Administrative Assistant Rate HoursMleek WeekslBilling Cycle Multiplier CostlBilling Cycle Labor Totals $35,253.55 Direct Expenses Description Vehicles Phone Service Cell Phone Service Internet Service Postage Meter Office Expenses Miscellaneous Materials Testinglmonth Copy Machine Quantity Unit Cost Cost Direct Expense Totals Monthly Costs $37,690.55 USE $37,700.00lmonth Item # 25 CommissionMeetingAgenda 10/16/20072:00PM Renewaloflease-WestAugustaBaseball,Inc. Department:RecreationandParksTomF.Beck,Jr.,Director caption2:Motionto approve therenewalofafiveyearleasewith WestAugustaBaseball,Inc.forpropertylocatedad jacentto EisenhowerPark.(ApprovedbyPublicServices CommitteeOctober8,2007) Background:Thisproperty,consistingof12.976acres,hasbeen leasedto thisorganizationsince1983forthepurposeofpro viding additionalbaseballopportunitiestoouryouth.Al lstiulations oftheleasehaveconsistentlybeenmetforthepas t24years. Analysis:TherenewalofthisleasewillallowWestAugustaB aseball, Inc.tocontinueofferingyouthbaseballinstructio nal programsandleaguesinthearea.Asstipulatedint helease, onlyrecreationalprogramsandeventscanbeheldo nthe propertythatpromotetheadvancementofyouthino ur community. FinancialImpact:Nocosttothecity. Alternatives:1.Todeny,leavingavoidforbaseballprogramsth atthecity wouldhavetoassume.2.Toapprove. Recommendation:#2-toapprove. Fundsare Availableinthe Following Accounts: N/A REVIEWEDANDAPPROVEDBY : Cover Memo Item # 26 Finance. Administrator. ClerkofCommission Cover Memo Item # 26 STATE OF GEORGIA ) RICHMOND COUNTY ) LEASE AGREEMENT THIS LEASE made and entered into this ________ date of ________________, 2007 by and between AUGUSTA, GEORGIA, a political subdivision organized and existing under the laws of the State of Georgia, hereinafter referred to as Lessor, and WEST AUGUSTA BASEBALL INC., a corporation organized and existing under the laws of the State of Georgia, hereinafter referred to as Lessee: WITNESSETH: For and in consideration of the sum of Ten Dollars ($10.00), the mutual covenants contained herein and other good and valuable consideration in hand well and truly paid at and before the dealing and delivery of these presents the parties agree as follows: 1. Lessor agrees to lease to Lessee for a period of five (5) years from the date of this agreement, all that lot, tract and parcel of land being shown and designated as Parcel C on the plat attached as Exhibit A and by reference incorporated herein, to which reference in hereby made to said plat for a more complete and accurate description as to the metes, bounds, locations and distances of said property. Lessor also grants unto Lessee and access right of way fifty (50) feet in width, said right of way being identified as Parcel D on the attached plat. 2. In consideration of the mutual undertakings of the parties, it is agreed that the space shown on said plat as “Parking Lot A” and Parking Lot B” may be used by the respective parties, their agents, customers and visitors, for parking purposes. Lessor also retains the right of ingress and egress on the “Pedestrian Walkway” shown on said plat, which walkway may be used by the public to access the Augusta Canal, subject to the right of Lessor to control use of same and to limit use to designated hours. 3. Lessee agree that the premises leased hereunder shall be used exclusively for general recreation purposes and in the event that said premises are abandoned or cease to be used by 1 Attachment number 1 Page 1 of 1 Item # 26 Attachment number 2 Page 1 of 1 Item # 26 Attachment number 3 Page 1 of 1 Item # 26 CommissionMeetingAgenda 10/16/20072:00PM TransitDepartmentMarketingProposal Department:ClerkofCommission caption2:Motionto approveaconceptofatwo-yearprofessional servicescontractforadvertisingonAugustaPublic Transit buseswithRenaissanceMarketingofSavannah,Georg ia. (ApprovedbyPublicServicesCommitteeOctober8, 2007) Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 27 CommissionMeetingAgenda 10/16/20072:00PM EEOPolicyandProcedures Department:EqualEmploymentOpportunity(EEO) caption2:Motionto approve EEOPolicyandProcedures. Background: Analysis:Thispolicyoutlinestheguidelinesfortheoperati onofthe internalAugusta-RichmondCountyEEOOffice. FinancialImpact:N/A Alternatives:None Recommendation:ApproveandforwardtofullCommission Fundsare Availableinthe Following Accounts: Nonerequired REVIEWEDANDAPPROVEDBY : Finance. Administrator. EqualOpportunity Finance. Administrator. ClerkofCommission Cover Memo Item # 28 Augusta-Richmond County Equal Employment Opportunity (EEO) Office EEO Policies and Procedures Last Revision Date: October 3, 2007 Section A A.1: Purpose and Scope The purpose of this policy is to promote employment diversity and equality within the Augusta-Richmond County consolidated government. This policy is also intended to provide uniformity in the processing of Equal Employment Opportunity (EEO) complaints. These policies and procedures exclusively apply to EEO-related issues in connection with direct employees (classified and non-classified) of the Augusta- Richmond County consolidated government operating under the authority of the Mayor and the Augusta-Richmond County Commission. In addition, these EEO policies and procedures are only intended to address employment discrimination concerns which relate to race, color, sex, pregnancy status, marital status, national origin, age, religion, disability or veteran’s status. Elected officials are exempt from this policy unless pursuant to state law, they have elected through written notice, to be included in the Augusta-Richmond County Civil Service System. Section B B.1: Augusta-Richmond County EEO Statement Augusta-Richmond County provides equal employment opportunity to all qualified employees and applicants for employment and does not discriminate on any basis prohibited by law, including without limitation: race, color, sex, pregnancy status, marital status, national origin, age, religion, disability and veteran’s status. Augusta-Richmond County is committed to preventing discrimination in the work place. Therefore, it is the policy of Augusta-Richmond County not to tolerate illegal discrimination. Providing Equal Employment Opportunities is a system-wide effort and the responsibility of all employees, the EEO Office, Department Heads, Directors and the City Administrator. Section C EEO Office Areas of Oversight and Jurisdiction C.1: The Augusta-Richmond County EEO Office oversees employee issues relating to: Title VII of the Civil Rights Act of 1964, as amended The Equal Pay Act of 1963 (EPA), as amended The Age Discrimination in Employment Act of 1967 (ADEA), as amended Pregnancy Discrimination The Americans with Disabilities Act of 1990 (ADA) issues and accommodations for employees The Civil Rights Act of 1991, as amended Section 504 of the Rehabilitation Act of 1973, as amended Internal Augusta-Richmond County Title VII inquiries, complaints, concerns and/or investigations General EEO issues; diversity affairs Responding to federal EEOC complaints and cases EEO-related case investigations and resolutions EEO-related consultation, training and outreach EEO-related employee demographic information Organizational EEO Plans Attachment number 1 Page 1 of 11 Item # 28 2 C.2: EEO Philosophy Bridge-building ● Diversity ● Mediation ● Collaboration ● Education C.3: Motto “Building Bridges for Diversity” C.4: EEO Mission ● Establishing and maintaining a diverse and representative workforce for Augusta-Richmond County by removing barriers and maximizing both individual and collective potential. ● Ensuring Augusta-Richmond County Government organizational compliance with governing EEO statutes and regulations. ● Promoting equal employment opportunity in the Augusta-Richmond County Government workforce by enforcing EEO guidelines and laws which prohibit employment discrimination. ● Promoting a positive organizational understanding and awareness of cultural diversity within the Augusta-Richmond County workforce. C.5: Implementing The Mission The EEO Office will implement its mission through: (A) Assisting employees and management in relation to EEO compliance; providing information and data to management. (B) Conducting diversity outreach and bridge-building to promote an appreciation of multiculturalism. (C) Providing EEO oversight and feedback during the hiring process of organizational directors and managers. (D) Maintaining federally-mandated reporting of workplace EEO demographics. (E) Responding to federal EEOC Complaints and other EEO-related inquires. (F) Working to promote accommodations and equal access for people with disabilities as required under the ADA. (G) Independently and directly reviewing Augusta-Richmond County EEO data and testing results generated by vendors. (H) Advising departments to maintain internal EEO data directly related to their specific department, as needed. Attachment number 1 Page 2 of 11 Item # 28 3 (I) Investigating Title VII and ADA employment discrimination complaints for employees. (J) Utilizing Augusta-Richmond County workforce diversity. (K) Providing training, information and consultation for employees and supervisors in the areas of equal employment opportunity and workplace diversity. (L) Overseeing hiring processes to ensure equal opportunities and compliance with EEO standards. (M) Conducting multicultural recruitment initiatives to promote a diverse applicant pool of qualified candidates, as needed. C.6 (a): EEO Office Overview The official organizational name of Equal Employment Opportunity/ Equal Opportunity Office, EEO or a similarly-phrased name shall be exclusively designated to this specific office. The EEO Office will collaborate with employees, managers, and various departments to promote EEO compliance, systemic inclusion and diversity. The EEO Office will assess departments to ensure inclusion and equal opportunities. In addition, the EEO Office will promote the expansion of organizational diversity in relation to race, color, sex, pregnancy status, marital status, national origin, age, religion, disability and veteran’s status. The EEO Office may mediate in organizational matters which directly connect to EEO laws and the expansion of diversity. In addition, the office may become involved in matters relating to organizational diversity, respond to inquiries by the Augusta-Richmond County Commission and serve as a consultant to the Commission. In matters involving overall department-wide or organizational investigations, the EEO Office will make recommendations for changes to the Commission after consultation with the City Administrator. C.6 (b): EEO Access to Information and Data Collection EEO-related demographic data collection and the retrieval of certain personnel/employee and departmental files are essential to the organization and the mandate of the Augusta- Richmond County EEO Office to provide case investigations, Title VII inquires, Federal Government reporting data, agency profiles and the analysis of departmental and organizational progress. The EEO Office may request data via e-mail or hardcopy correspondence. Data requests should be copied to the City Administrator. In certain matters, the EEO Office should (at the discretion of the EEO Office) independently access all EEO-related data in relation to the organization directly from internal departments, vendors and testing companies when such data contains EEO-related information in relation to Augusta-Richmond County. Therefore, Departments, managers, employees and offices shall allow the EEO Office to obtain and maintain direct departmental and vendor access to all EEO-related information, statistics and testing data including, without limitation, applicant pool and departmental demographic data. The EEO Office may require segments of information and/or past data. Requested information may not Attachment number 1 Page 3 of 11 Item # 28 4 necessarily be related to certain minority groups or protected classes of individuals; the EEO Office is authorized to request and receive information pertaining to various groups including non-protected categories in order to facilitate investigations, inquiries and disparagement comparisons. Requested information should be released as soon as it is generated by the department or agency, but no less than five working days after the request is issued by the EEO Office. Request for departmental data relating to more than two (three or more) employees should be copied to the City Administrator. Departmental responses for data should contain the race and sex of each employee listed. Each department shall establish direct EEO-data access for the internal EEO Office by issuing initial release forms to vendors or creating direct access at the request of the EEO Office. Unless otherwise requested by the EEO Office in writing, all data should be sent to the EEO Office through confidentially-marked e-mail, confidentially-marked and sealed interagency mail, or confidentially-marked and sealed departmental hand-delivery. No fees or EEO generation requirements shall be assessed to the EEO Office for the collection of such data or the replication of requested information. C.7: The EEO Office Guidelines for Assessing Educational Credentials In EEO Cases In EEO-related cases where educational credentials are an issue, the Augusta-Richmond County EEO Office has adopted guidelines from the U.S. Government and recognizes degrees from schools that have received accreditation from an accrediting body which has been approved by the U.S. Department of Education [(USDE) www.ed.gov], the Council for Higher Education, the American Council on Education [(ACE) www.acenet.edu], or the Association of Specialized and Professional Accreditors [(ASPA) www.aspa-usa.org]. All accrediting agencies—regional, national, and specialized—that are recognized by the USDE as reliable authorities regarding the quality of the programs and schools they accredit are listed on the USDE website at: http://www.ed.gov/admins/finaid/accred/index.html. The central accrediting body for many of the degree-granting institutions of higher education in Georgia is the Southern Association of Colleges and Schools (SACS), www.sacs.org. Section D Grievance Issues D.1: Internal Augusta-Richmond County employee EEO grievable issues include: 1. Allegations of unlawful discrimination based on race, color, sex, pregnancy status, marital status, national origin, disability, religion, veteran’s status or EEO-related retaliation. 2. Allegations of sexual harassment as defined under Title VII and the EEOC Guidelines; and 3. Allegations of retaliation for asserting Title VII or ADA protected rights. D.2: This Internal Augusta-Richmond County EEO Policy does not apply to: 1. General personnel matters and personality conflicts that the employee states or concedes are not based on race, color, sex, pregnancy status, marital status, national origin, disability, religion, veteran’s status or EEO-related retaliation; Attachment number 1 Page 4 of 11 Item # 28 5 2. Issues or charges officially filed or pending before any courts; 3. Any adverse employment action that is not based on race, color, sex, pregnancy status, marital status, national origin, disability, age, religion, veteran’s status or EEO-related retaliation including but not limited to termination, demotion, not being granted a job interview, denial of promotion, reassignment, department reorganizations, furlough, layoff from duties because of lack of work, or other action resulting from a reduction in the work force or job abolition; 4. Alleged policy violations that are not based on a Title VII claim, race, color, sex, pregnancy status, marital status, national origin, disability, age, religion, veteran’s status or EEO-related retaliation, should first be referred to the Department Head for resolution. If matters remain unresolved, employees should then take their concerns to the Human Resources (HR) Department and follow the HR Grievance Procedures; 5. Internal EEO, Title VII or ADA occurrences, issues, charges, allegations, or concerns which occurred over one-hundred and eighty days ago; 6. Elected officials and their direct-report employees (unless elected officials or if part of a group, the governing-body of elected officials, have within 30 days, or the most current statutory date from the date of the last election, submitted a written, notarized and signed notice to the EEO Office to be included in the Augusta-Richmond County Civil Service System under HR Policies and Procedures); 7. EEO issues relating to organizations, business or companies outside of the Augusta-Richmond County consolidated government. 8. EEO issues or concerns pertaining to the employees of vendors or contractors of the Augusta-Richmond County Government (these matters shall not be investigated internally by any Augusta-Richmond County Office, but individuals may decide to seek review by the Federal EEOC); and 9. Issues concerning persons not directly employed with the Augusta-Richmond County Government organization. Section E E.1: EEO Complaint Procedures Employees or others interfacing with Augusta-Richmond County may consult with the Augusta- Richmond County EEO Office on an informal basis to receive information and consultation in relation to specific situations without filing a formal EEO complaint or grievance. In addition, employees may withdraw a formal EEO complaint and seek mediation or an informal resolution at any point in the process. Once an employee files a written complaint, a letter is necessary to effectuate the withdrawal of an internal EEO complaint. Attachment number 1 Page 5 of 11 Item # 28 6 E.1 (a): Confidentiality This section is intended to protect the rights of individuals who file a written EEO charge with the EEO Office. Managers and all involved parties are expected to maintain the confidentiality of employees and other individuals directly involved in the EEO complaint process. This includes confidentiality in relation to conversations, meetings, e-mails, written correspondence, final case-findings and resolutions. Confidentiality does not mean that the accused will not be informed of the pending charges as the accused will be allowed to respond to allegations made by the complainant. Witnesses may also infer certain conclusions based on the line of questioning during a case investigation. Confidentiality will be kept as much as possible and to the extent that it does not impede the investigation or a directive from the Augusta-Richmond County Commission body. Management, Human Resources Management, related individuals and in certain cases the Augusta-Richmond County Commission may be advised of an investigation, have access to case information, asked questions in relation to allegations and receive updates and/or final outcomes. Individuals who have not filed a formal written complaint with the EEO Office do not fall under the protection of this policy section. E.2: Management and Employee Cooperation (Case Resolution and Mediation) E.2 (a) All managers and/or employees connected to Augusta-Richmond County are required: 1) to fully cooperate in EEO investigations, 2) not to withhold any information (written, e- mailed, or oral) connected to an EEO investigation, 3) to make themselves available for questioning within five working-days of a request for a meeting from the EEO Office (if this is not possible, an alternative date and time should be submitted in writing to the EEO Office) and 4) to provide truthful and accurate statements to the EEO Office. E.2 (b): Once a formal written complaint has been filed the matter has gone past the level of informal resolution. At this stage, employees should not attempt to resolve a formal EEO complaint on a one-on-one basis or confront an employee (either the complaining employee or the accused) in relation to an EEO case that is either open or closed. E.2 (c): Supervisors should not presume an employee (either the accused or the complainant) to be guilty of anything or institute disciplinary actions merely based on a pending EEO charge or case. E.2 (d): Employees, managers, and administrators should follow the chain-of-command and procedures outlined in this policy in order to resolve any EEO-related concerns. Employees or managers with concerns must make direct contact with the Department Head or the EEO Office to resolve any EEO related matters. The Department Head or Director should forward concerns to the EEO Office. E.3: Honesty Code The complainant or charging party must sign a statement indicating that the allegations in the EEO complaint (either verbal or in writing) are honest, true, accurate and non-exaggerated. When issuing a statement or answering questions in connection with an EEO inquiry an employee must, to the best of their knowledge and belief, be truthful in all of their oral and written responses. Individuals (including complainants, accused parties, employees, administrators, witnesses, managers, supervisors, information gatherers, persons submitting data Attachment number 1 Page 6 of 11 Item # 28 7 and others) who fail to cooperate with the EEO Office or who are found to have provided false information, filed a frivolous claim or altered written data in relation to an EEO inquiry or investigation will be subject to progressive disciplinary action as outlined in the Employee Handbook. E.4: Employee Relocation In Connection With A Pending EEO Case Except in extreme circumstances or cases involving physical safety concerns, managers and administrators should allow employees (both the complaining party and the accused) to remain situated in the same physical work location, job assignment and department during an EEO inquiry. Supervisors and/or administrators should attempt to exhaust all other remedies before resorting to relocating any employee in connection with a pending EEO case. In relation to the pending EEO complaint interim period, unless the threat of direct physical harm exists, neither the accused nor complaining employee should be relocated to another department, given alternative job assignments, or placed in another work location without a prior five-day notice being sent to the employee and the EEO Office. In such cases, the relocated employee and the EEO Office should receive written notice of the move, the reason behind the relocation and the time duration of the relocation at least five days in advance. If an employee is involved in an EEO case (either as the accused, the complainant, a co-worker or a witness), the EEO Office is required to review any employment transfer, department change, physical office move, job reassignment or relocation to ensure that it does not appear to involve retaliation and then send written correspondence to the manager to indicate that the transfer was reviewed by the EEO Office. If an employee feels that a change is being made in retaliation for their involvement in an EEO case or disagrees with the relocation, the employee has a right to file an appeal with the EEO Office. Relocated employees should be returned to their previous physical work location, job, and/or department within five days after a case is resolved. In cases where the employee will not be relocated back to their same work assignment or location, both the employee and the EEO Office should be notified in writing at least five days in advance of a reassignment. The reassignment or relocation letter should outline the details of why the changes are being made. In such cases, the employee who initially made the EEO complaint has a right to file an appeal with the EEO Office if the employee feels that the changes are being made in retaliation to filing an EEO claim. E.5: Stage One (Informal Resolution) Many EEO-related matters arise from misunderstandings and a lack of basic communication. The EEO Office encourages matters to be resolved at the lowest possible levels and at the earliest stage possible. When no written complaint has been submitted to the EEO Office or the Department, employees may collegially discuss the concerns directly with the individual or colleague involved in an attempt to clear up any possible miscommunications that may exist. In addition, employees are encouraged to utilize the process of informal mediation to resolve conflicts. The EEO Office may facilitate the process of informal mediation. Attempting to use informal methods of conflict resolution does not forfeit the employee’s right to move forward at a later date (within one-hundred and eighty days of the last alleged act) with a formal written complaint if the matter is not resolved in an informal manner. The EEO Office provides consultation to both employees and managers seeking approaches to resolve issues in an informal manner. Collaborative EEO resolutions at the Attachment number 1 Page 7 of 11 Item # 28 8 lowest possible levels and the earliest time periods are strongly encouraged. The EEO Office promotes respectful communication as a viable option for settling disputes. Except in cases involving allegations of sexual harassment, informal complainants may do the following to seek an informal resolution: 1) When no formal written complaint has been filed with the EEO Office, employees may first discuss the concerns directly with the individual or colleague involved in an attempt to clear up any possible misunderstandings; 2) If the matter is not resolved, then the employee should take the next step and discuss their concerns with their immediate supervisor and; 3) If the concern remains unresolved, the next step is to schedule an appointment to discuss the matter with the Department Head. E.6: Stage Two (Informal Mediation) If efforts toward an informal resolution are unsuccessful at Stage One (Informal Resolution), then a complainant is encouraged to contact the EEO Office to request assistance with negotiating or mediating the dispute prior to filing a formal EEO complaint. Employees may seek assistance from management and/or the EEO Office in order to schedule a mediation meeting to discuss issues which relate to an EEO case. The EEO Office will assist in working to bring about an equitable resolution for both parties through the process of informal mediation. E.7: Stage Three (Formal Written Complaints) If the informal resolution or mediation attempts between an employee, a manager or another entity do not result in a resolution to a complaint within twenty working days, the charging party then has the option to 1) drop the matter or 2) request that the internal EEO Office conduct a formal investigation. The request for a formal internal EEO investigation must be dated and issued in writing by the complainant within one-hundred and eighty working days of the alleged act of improper conduct. The complainant is required to provide sufficient facts and data to substantiate discriminatory allegations. According to Augusta-Richmond County Policy, the EEO Office will investigate the complaint and attempt to conciliate the claim. The charged party (one who is accused of a discriminatory act) will be allowed to review the written allegations and to provide a written response to the charges within seven days after the review. After reviewing the allegations, responses, and evidence from both parties, the internal EEO Office will make a determination as to whether or not to proceed with further internal investigations, or to refer the employee to the Federal EEOC Office. In cases where the EEO Office is moving forward with an internal EEO investigation witnesses, co-workers and management may be questioned. Both the accused and the complainant will have an opportunity to present their responses. An accused individual may have one person of their choice (non-legal) attend investigatory meetings. Augusta-Richmond County employees formally being accused of an EEO violation in writing have a right to the following: Attachment number 1 Page 8 of 11 Item # 28 9 1. To not receive: an assumption of violation, disciplinary actions, reactionary job relocations, assignment changes, a demotion or a termination merely based on an initial EEO accusation and/or a written complaint that has not yet been investigated and had a case finding issued; 2. To see the actual written charges submitted in the complaint; 3. To have seven days from the date of receipt of the written charges, to submit a response to the EEO Office and have this data included as part of the case investigation; and 4. To receive the final case findings in writing and to have a date of final case closure. EEO investigations are an internal-agency fact-finding process not a formal hearing or a court trial. Therefore, no part of the EEO inquiry may be recorded (by the accused, charging party or third party witnesses) either by audio recording, transcription or any other form. The EEO Office maintains the right to keep the official record of all inquiry data. Except by court order, only the complete official case finding shall be released from the EEO Office. All related parties shall receive a complete version of the final case finding. Usually, complete case findings are issued within sixty days of the filing of a formal written complaint. E.7 (a): Submitting A Formal Complaint In Writing Employees should file an EEO complaint directly to the Augusta-Richmond County internal EEO Office. If filed indirectly through Human Resources, an individual employee or another department, the individual receiving the EEO complaint should forward it to the EEO Office as soon as possible. E.7 (b): Submitting A Formal Complaint Orally Employees may also request to have a formal complaint issued orally and transcribed into written format by the EEO Office. An oral complaint must be transcribed into written format, signed and then submitted by the complaining employee. The employee is responsible for ensuring that their oral complaint is completed, signed, and submitted to the EEO Office within ten days after filing the oral complaint. E.7 (c): Complaint Inquiries and Investigations All organizational EEO proceedings, inquiries and investigations will be conducted under the direct management and direction of the EEO Office. The EEO Office may initiate individual investigations, conduct inquiries, or provide educational information, in employee, contractor, or vendor concerns as deemed necessary by the EEO Office. In cases of actual written charges being filed, a written notification of an EEO complaint or concern will be sent to the charged employee and the employee’s immediate supervisor and Department Head. The notification will occur within thirty working days after a representative of the EEO Office and the complainant has signed an EEO Complaint Form. In cases where no individual supervisor can be identified, case results will be directed to the City Administrator. E.7 (d): Complaint Resolution or Closure The charging party, the accused, and the Department Head, Director or supervisor of the accused will be issued a letter of findings which may include recommendations from the EEO Office. Attachment number 1 Page 9 of 11 Item # 28 10 Generally, the finding will be issued within thirty to ninety working-days after filing a complaint. However, in some cases, the EEO Office may extend the investigation time period. If the period of investigation is extended, all parties will be provided with written notification of the new deadline to complete the investigation. During the investigation period, ongoing mediation and support services may be provided by the EEO Office. Following each investigation, the EEO Office may elect to forward additional recommendations to the Department, the City Administrator and/or the Augusta-Richmond County Commission for consideration. Recommendations to the Commission and/or the City Administrator will be made at the discretion of the EEO Office. Individuals found by the EEO Office to be in violation of a Title VII or ADA charge shall be issued progressive disciplinary action by the Department Head beginning with a minimum of three-day suspension without pay up to termination. The Department Head or the highest level supervisor over the employee is required to initiate disciplinary action within five working days of receiving a written finding and confirmation of an EEO violation and do a follow-up letter to advise the EEO Office of the final actions taken at the departmental level. In cases where systemic violations relating to a department are found, the City Administrator, the Commission and the EEO Office shall collaborate to bring about corrective actions; this shall not eliminate actions against individuals within the department found to be in violation of Title VII or the ADA. A written letter of resolution will be issued by the EEO Office and sent to the complainant and the charged individual. In certain cases where the EEO Office deems that the accused may have more likely than not violated a Title VII or ADA statute or which may pose specialized concerns, the EEO Office may consult with legal counsel and/or seek a detailed legal case review in conjunction with the final internal EEO case finding. E.8: Prohibition Against Retaliation In Relation To An EEO Case Complainants, employees, management, participants, EEO Officials, and witnesses are protected against any form of organizational, administrative or management retaliation due to/or in any part based on participation in an EEO complaint, inquiry, mediation and/or investigation. A manager may not cause an adverse employment action or otherwise "retaliate" against an individual for engaging in protected conduct (filing a charge of discrimination or participating in a discrimination proceeding). If a person believes they are being subjected to retaliation, they should notify the EEO Office in writing within ten working days of the date of the alleged retaliatory act. The written notice must outline in detail the allegations and dates of the specific retaliatory acts that the person believes are being done. Department managers and any other employees and officials found to have committed verifiable acts of retaliation against an individual in connection with an EEO case will be subjected to progressive discipline as outlined in the Employee Handbook. While employees are protected from retaliation for filing EEO complaints, employees who knowingly file completely unsubstantiated or falsified EEO charges are subject to progressive disciplinary action as outlined in the HR Employee Handbook. Section F: Final Internal Case Closure and Appeal Rights The issuance of a final written case finding from the Augusta-Richmond County EEO Office shall constitute the end of all Augusta-Richmond County discrimination inquiries, investigations and appeals from or on behalf of both the complaining party and the accused. Charging parties Attachment number 1 Page 10 of 11 Item # 28 11 completing this level of appeal, who are still dissatisfied with the outcome, have a right to file a complaint with the Federal EEOC Office. Section G: Policy Updates, Jurisdiction and Other Matters This policy updates and clarifies EEO-related systems, policies and procedures that were previously being conducted for Augusta-Richmond County. It shall be added as a section of formal policy to all current editions of the Human Resources Employee Handbook and all HR and departmental policies and procedures (formal and informal/verbal and written). HR and other departments are expected to acknowledge and adhere to the EEO Policies and Procedures. HR does not have the jurisdiction to investigate EEO-related matters or personnel. As to all matters that are not EEO-related, HR Policies and Procedures and/or the applicable City Ordinance shall control. The EEO Office and its personnel will be provided retained legal advocacy, counsel and representation by Augusta-Richmond County in matters connected to the office. The EEO Policy shall override any internal departmental policies and procedures in relation to EEO issues or complaints. This policy supersedes any prior policies or procedures in connection with the Augusta-Richmond County EEO Office or any prior policies and procedures used by the HR Department. Attachment number 1 Page 11 of 11 Item # 28 CommissionMeetingAgenda 10/16/20072:00PM HumanResources Department: caption2:DiscussthescreeningprocessforARCjobapplicant sin assocationwiththeARCLandfillincident.(Requestedby CommissionerMarionWilliams) Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 29 CommissionMeetingAgenda 10/16/20072:00PM MACHAcademy Department: caption2:ConsiderarequestfromMACHAcademyfor reconsiderationoffundingfromthe2008CDBGProgr am. Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 30 Attachment number 1 Page 1 of 1 Item # 30 CommissionMeetingAgenda 10/16/20072:00PM PetitionforRetirementofMs.JuanitaDantzler Department:HumanResources caption2:ApproveRetirementofMs.JuanitaDantzlerunderth e1977 PensionPlan. Background:Normalretirementunderthe1977PensionPlanisth efirst dayofthemonthfollowinghis/her65thbirthdayor attaining 62yrs.ofageandcompleting25yearsofcredited service. Themonthlybenefitis1%oftheparticipantsavera ge earningsmultipliedbyhis/heryearsofcrediteds ervice.The 1977PensionPlanallowsyoutoretireasearlyas age50 aftercompleting15yearsofservice.Theearlyret irement benefitis5/12%foreachmonthbywhichtheretire mentdate oftheparticipantprecedeshisnormalretirementd ate. Analysis:Ms.JuanitaDantzler(age80)iscurrentlyaDeputy inthe Sheriff’sOffice.Ms.DantzlerwashiredonJuly1,1969.M s. Dantzlermeetstherequirementsforretirementunde rthe 1977Plan.HerproposedretirementdateisSeptembe r1, 2007.TheretirementbenefitpayabletoMs.Dantzle ris$977 permonth(LifeOnly). FinancialImpact:Fundsareavailableinthe1977PensionPlan.Emplo yeehas contributed4%ofhersalarytowardsherretirement since July1,1992. Alternatives:DonotapprovetheretirementofMs.JuanitaDantzl erunder the1977PensionPlan. Recommendation:ApprovetheretirementofMs.JuanitaDantzlerunde rthe 1977PensionPlan. Fundsare Availableinthe Cover Memo Item # 31 Following Accounts: REVIEWEDANDAPPROVEDBY : Finance. Administrator. ClerkofCommission Cover Memo Item # 31 Attachment number 1 Page 1 of 1 Item # 31 CommissionMeetingAgenda 10/16/20072:00PM ApproveSSAAgreementswithAT&T Department:Augusta9-1-1Center caption2:ApprovetheSpecialServiceArrangementAgreements with AT&T(FormerlyBellSouth). Background:TheAugusta9-1-1CentercurrentlyisusingPower9 -1-1to providelocationandcallerinformationforlandlin eand wirelesscallers.TheFt.Gordon9-1-1Center,the secondary PublicSafetyAnsweringPointforAugusta,doesnot have thistechnologyandneedstobeupgradedpriortom oving intoitsnewphysicallocationonFt.Gordon.Both Augusta andFt.Gordonneedtoputinplacetheinfastructu retoNext Generation9-1-1(NG911)whichwillprovideinforma tion forthemyriadoftechnologyinusetodayandallow contact through9-1-1.AnexampleofthisistheVoiceove rInternet Protocol,VoIPTelephonesthatcreateaseriesofi ssues regardingcallerlocation. Analysis:UpgradingtheAugusta9-1-1CenterandtheFt.Gord on9-1- 1Centertothe"Viper"platform,futurecommunicat ionlinks canbeconfiguredtointerfacewiththe9-1-1Syste mbased onthestandardsthatwillbeestablishedbytheNa tional EmergencyNumberAsssociation(NENA).TheViper systemwillhandlevarioustypesofprotocolsanda llow enhancedVoIPinterface,aswellastextmessaging through todayscellulartechnology.Thissystemwillalsoa llowthe transmissionofvideoandpicturestothe9-1-1Cen tersonce thestandardshavebeenestablishedbyNENA. Communicationischangingatarapidpaceandthis system willallowAugustaandFt.Gordontokeeppacewith the changesastheyoccurwithoutanyadverseimpacton the currentusers. FinancialImpact:Thefundingwillbeavailableinthe2008Budgetfo rthe Augusta9-1-1Center. Cover Memo Item # 32 Alternatives:ApprovetheSSAAgreementswithAT&T Recommendation:ApprovetheAgreementwithAT&Tforupgradeofthe Ft. GordonPSAPandtheAugustaPSAP. Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : Finance. Administrator. ClerkofCommission Cover Memo Item # 32 SPECIAL SERVICE ARRANGEMENT AGREEMENT Case Number GA07-D316-00 PRIVATE/PROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 1 of 11 This Special Service Arrangement (SSA) Agreement ("Agreement") is by and between BellSouth Telecommunications, Inc., a Georgia corporation, d/b/a BellSouth, ("Company" or “BellSouth”) and Augusta, Georgia, a political subdivision of the state of Georgia ("Customer”), and is entered into pursuant to Tariff Section A5 of the General Subscriber Services. This Agreement is based upon the following terms and conditions as well as Attachment(s) affixed hereto and the appropriate lawfully filed and approved tariffs which are by this reference incorporated herein. 1. Scope. Customer requests and Company agrees, subject to the terms and conditions herein, to provide the service described in this Agreement at the monthly and nonrecurring rates, charges, and conditions as described in this Agreement ("Service"). The rates, charges, and conditions described in this Agreement are binding upon Company and Customer for the duration of this Agreement. For the purposes of the effectiveness of the terms and conditions contained herein, this Agreement shall become effective upon execution by both parties. For purposes of the determination of any service period stated herein, said Service period shall commence when the Service is accepted by Customer or when the customer begins using the Service for its intended operational use, whichever occurs first. 2. Additional Services. Company agrees to provide Customer notice of any additional tariffed services required for the installation of the Service. Customer agrees to be responsible for all rates, charges and conditions for any additional tariffed services that are ordered by Customer. 3. Regulatory Considerations. This Agreement is subject to and controlled by the provisions of Company's or any of its affiliated companies' lawfully filed and approved tariffs, including but not limited to Section A2 of the General Subscriber Services Tariff and No. 2 of the Federal Communications Commission Tariff and shall include all changes to said tariffs as may be made from time to time. All appropriate tariff rates and charges shall be included in the provision of this service. Except for the expressed rates, charges, terms and conditions herein, in the event any part of this Agreement conflicts with the terms and conditions of Company’s or any of its affiliated companies’ lawfully filed and approved tariffs, the tariff shall control. 4. Regulatory Approvals. This Agreement may be subject to the appropriate regulatory approval prior to commencement of installation. Should such regulatory approval be denied, after a proper request by Company, this Agreement shall be null, void, and of no effect. 5. Cancellation-Prior to Installation. If Customer cancels this Agreement prior to the completed installation of the Service, but after the execution of this Agreement by Customer and Company, Customer shall pay all reasonable costs incurred in the implementation of this Agreement prior to receipt of written notice of cancellation by Company. Notwithstanding the foregoing, such reasonable costs shall not exceed all costs which would apply if the work in the implementation of this Agreement had been completed by Company. 6. Termination-Prior to Expiration of Service Period. If Customer cancels this Agreement at any time prior to the expiration of the Service period set forth in this Agreement, Customer shall be responsible for all termination charges. Unless otherwise specified by the tariff, termination charges are defined as all remaining charges as a result of the minimum Service period agreed to by the Company and Customer and set forth in this Agreement. 7. Choice of Law. This Agreement shall be construed in accordance with the laws of the State of Georgia. 8. Notices. Except as otherwise provided in this Agreement, notices required to be given pursuant to this Agreement shall be effective when received, and shall be sufficient if given in writing, hand delivered, or United States mail, postage prepaid, addressed to the appropriate party at the address set forth Attachment number 1 Page 1 of 11 Item # 32 SPECIAL SERVICE ARRANGEMENT AGREEMENT Case Number GA07-D316-00 PRIVATE/PROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 2 of 11 below. Either party hereto may change the name and address to whom all notices or other documents required under this Agreement must be sent at any time by giving written notice to the other party. BellSouth BellSouth Telecommunications, Inc. Assistant Vice President 2180 Lake Blvd. mail bin 08c23 Atlanta, GA 30319 Customer Augusta, Georgia, a political subdivision of the state of Georgia 911 Fourth St Augusta, GA 30901 9. Assignment. Customer may not assign its rights or obligations under this Agreement without the express written consent of Company and only pursuant to the conditions contained in the appropriate tariff. 10. Severability. In the event that one or more of the provisions contained in this Agreement or incorporated within by reference shall be invalid, illegal, or unenforceable in any respect under any applicable statute, regulatory requirement or rule of law, then such provisions shall be considered inoperative to the extent of such invalidity, illegality, or unenforceability and the remainder of this Agreement shall continue in full force and effect. 11. Merger Clause. Customer acknowledges that Customer has read and understands this Agreement and agrees to be bound by its terms and conditions. Customer further agrees that this Agreement, and any orders, constitute the complete and exclusive statement of the Agreement between the parties, superseding all proposals, representations, and/or prior agreements, oral or written, between the parties relating to the subject matter of the Agreement. 12. Acceptance. Acceptance of any order by Company is subject to Company credit and other approvals. Following order acceptance, if it is determined that: (i) the initial credit approval was based on inaccurate or incomplete information; or (ii) the Customer's creditworthiness has significantly decreased, Company in its sole discretion reserves the right to cancel the order without liability or suspend the order until accurate and appropriate credit approval requirements are established and accepted by Customer. 13. Taxes and Fees. All charges are exclusive of applicable federal, state or local taxes and fees. Company may invoice and Customer agrees to pay to Company amounts equal to any taxes resulting from this Agreement or any activities hereunder including any and all sales and use taxes, duties, or review imposed or permitted by any authority, government, or governmental agency, exclusive of taxes on Company's net income. Customer will be responsible for any ad valorem, property, or other taxes assessable on equipment on or after delivery to the installation site. 14. Risk of Loss or Damage. All risk of loss or damage shall pass to Customer as to each item of equipment on the date of delivery to the Customer Service location. 15. Security Interest. Customer grants the Company a purchase money security interest in each item of equipment or software. Customer agrees to execute any documents that are reasonably requested by the Company to protect or perfect the Company’s security interest. 16. Software License. Attachment number 1 Page 2 of 11 Item # 32 SPECIAL SERVICE ARRANGEMENT AGREEMENT Case Number GA07-D316-00 PRIVATE/PROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 3 of 11 a) All software is and will remain the property of Company. Company, with respect to Company developed software and to the extent authorized under the supplier licenses, grants to Customer a personal, nontransferable and nonexclusive sublicense (without the right to further sublicense) to use the software, subject to the following terms and conditions. b) Customer shall (i) use the software only in conjunction with the particular Service for which the software was initially furnished; (ii) use the software solely for Customer's internal business purposes; (iii) not reverse engineer, decompile, disassemble, reverse translate or otherwise translate the software into human readable form, nor reproduce the software except for archival purposes; (iv) return the software, together with all copies thereof, or with Company's written consent, destroy (or erase, if recorded on an erasable storage medium) the software when no longer needed or permitted for use with the Service for which the software was furnished; and (v) keep in confidence all information relating to software and treat such information as the exclusive property and trade secret of Company or such suppliers. c) In addition to the above, where Company’s suppliers require Customer to sign or otherwise agree to separate licensing provisions directly with the supplier, Customer shall comply with such licensing provisions. 17. Changes in Customer Orders. Changes to an order may only be made following agreement of Customer and Company to the change. Such change would not materially alter the original design, functionality or implementation date. Appropriate documentation will be required so that additions or deletions may be recorded and charges or credits issued. The Customer’s ability to delete items from an order or to return equipment is subject to Company’s ability to return the equipment to the manufacturer. Restocking, shipping and handling charges will be assessed with respect to any items deleted or returned. a) Shipping Expedites. Unless otherwise agreed to by the parties in writing, Company will provide the software and hardware one hundred twenty (120) days from the date that this Agreement is effective. If requested by the Customer, Company will deliver the Service in less than one hundred twenty (120) days provided that the Customer pay reasonable expedite delivery charge that are incurred by Company. Notice of those charges will be provided after the required delivery date is determined by the Customer and the Company. b) Delivery Delays. Customer agrees to reimburse Company for all out-of-pocket expenses incurred by Company if Service delivery is delayed by Customer. If the implementation is delayed, through no fault of the Company for ninety (90) days from planned implementation, the Company will have the option to revise the pricing to the then current rates and to collect all reasonable out of pocket costs for implementation delays, storage and lost margins from Customer. c) Additional equipment. Customer acknowledges that the equipment requirements are based on the current information provided by the Customer and are the best estimate of Customer and Company. If additional equipment is required, Company will provide the equipment after the Customer’s completion and Company’s acceptance of a written change order, which will include any additional charges to Customer. d) Customer acknowledges that it has reviewed the proposed configuration and the storage sizing is adequate for the current site operations. Future operational changes or additional storage requirements may necessitate additional equipment which will be billable to the Customer. 18. Maintenance. a) If applicable, maintenance service commences at the earlier of the Service acceptance or the date that the Customer begins using the Service for its intended operational purpose. Maintenance may be provided via repair, replacement, or upgrade of defective equipment at Company’s option. If on-site manufacturer service is required, it will be provided at Company’s then current commercial rates. b) The initial term for maintenance shall be sixty (60) months unless otherwise stated on the Order. The initial term shall be automatically renewed for successive terms of one (1) year Attachment number 1 Page 3 of 11 Item # 32 SPECIAL SERVICE ARRANGEMENT AGREEMENT Case Number GA07-D316-00 PRIVATE/PROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 4 of 11 each at Company‘s then-current rates. Either party may elect not to renew maintenance service by giving the other party written notice at least thirty (30) days prior to the end of the then-current term. 19. Remedies and Damages Limitations. a) The following limitations of liability represent a material inducement to the parties to enter into this Agreement and to perform Orders at the stated price. If additional risks or undertakings were contemplated by Company, the additional risks or undertakings would have been reflected in an increased price. In contemplation of the price, Customer acknowledges that there is consideration for the limitation of damages and remedies set forth above and as follows. b) ANYTHING IN THIS AGREEMENT OR ANY OTHER DOCUMENTS TO THE CONTRARY NOTWITHSTANDING, NEITHER COMPANY, NOR ITS SUPPLIERS OR MANUFACTURERS, SHALL BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, ECONOMIC, OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF DATA, TOLL FRAUD OR OTHER UNAUTHORIZED USE, OR LOSS OF USE. THIS LIMITATION OF LIABILITY WILL APPLY WHETHER ANY CLAIM IS BASED ON CONTRACT, WARRANTY, NEGLIENCE OR OTHER TORT, BREACH OF STATUTORY OR OTHER LEGAL DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, OR OTHERWISE, WHETHER OR NOT THEY OR COMPANY HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING. CUSTOMER'S EXCLUSIVE REMEDY FOR ANY DEFAULT OR BREACH OF ANY WARRANTY, EXPRESSED OR IMPLIED, SHALL BE LIMITED TO REPAIR OR REPLACEMENT OF EQUIPMENT OR REPERFORMANCE OF THE SERVICES AT COMPANY'S EXPENSE OR RETURN OF THE DEPRECIATED AMOUNT PAID FOR THE EQUIPMENT OR SERVICE IF REPERFORMANCE, REPAIR OR REPLACEMENT IS NOT REASONABLY AVAILABLE. 20. Default by Customer. Upon any default by Customer under this Agreement, including the refusal to accept conforming equipment or Services, Company may exercise all remedies to which Company may be entitled at law or in equity, including specific performance. Additionally, Company may declare all sums due or to become due hereunder immediately due and payable, and Company shall be entitled to recover all collection costs incurred, including legal interest. In addition, for payments not received within thirty (30) days of the invoice date, a late fee not exceeding the lower of two percent (2%) per month or the maximum rate allowed by law shall be assessed on any past due invoice balance. Company shall not be obligated to perform Services hereunder if Customer is in default of any of its obligations under this Agreement for any Order. Upon Customer default, Company may suspend or cancel any outstanding, unfulfilled Orders without in any way affecting its rights under this Agreement. If Company elects to continue performing under any Order, Company's actions shall not constitute a waiver of any default by Customer. 21. Contingencies. Company shall be excused from performance and shall not be liable for any delay or damage caused, in whole or in part, by any occurrence beyond the reasonable control either of Company or of its subcontractors or suppliers. Such contingencies include, without limitation, war, civil disobedience, delay in transportation, failure by suppliers to deliver equipment, governmental action, terrorism, acts of any third party, labor dispute, accident, fire, explosion, flood, severe weather or other acts of God, power failure, shortage of labor or materials, or discovery of asbestos or other hazardous substance. 22. Confidentiality. a) Except as set forth in this Section, or as otherwise expressly provided in this Agreement, each Party agrees that (a) all information communicated to it by the other and identified and marked as “confidential,” whether before or after the date hereof, (b) all information identified as confidential to which it has access in connection with the Services and (c) this Agreement, all associated contract documentation and correspondence, and the parties’ rights and obligations Attachment number 1 Page 4 of 11 Item # 32 SPECIAL SERVICE ARRANGEMENT AGREEMENT Case Number GA07-D316-00 PRIVATE/PROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 5 of 11 hereunder (collectively, “Confidential Information”), will be, and will be deemed to have been, received in confidence and will be used only for purposes of this Agreement. Each party agrees to use the same means it uses to protect its own confidential information, but in no event less than reasonable means, to prevent the disclosure and protect the confidentiality of Confidential Information. No Confidential Information will be disclosed by the recipient party without the prior written consent of the disclosing party; provided, however, that each party may disclose this Agreement and any disclosing party’s Confidential Information to those who are employed or engaged by the recipient party, its agents or those of its affiliates who have a need to have access to such information in connection with their employment or engagement, provided the recipient party notifies such persons of the obligations set forth in this Section and such persons agree in writing to abide by such obligations. b) The obligations set forth in subsection 22.1 above will not prevent any party from disclosing information that belongs to such party or (a) is already known by the recipient party without an obligation of confidentiality other than under this Agreement, (b) is publicly known or becomes publicly known through no unauthorized act of the recipient party, (c) is rightfully received from a third party, (d) is independently developed without use of the disclosing party’s Confidential Information or (e) is disclosed without similar restrictions to a third party by the party owning the Confidential Information. If Confidential Information is required to be disclosed pursuant to law, regulation, tariff or a requirement of a governmental authority, or in connection with an arbitration or mediation, such Confidential Information may be disclosed pursuant to such requirement so long as the party required to disclose the Confidential Information, to the extent possible, provides the disclosing party with timely prior written notice of such requirement and coordinates with the disclosing party in an effort to limit the nature and scope of such required disclosure. Upon written request at the expiration or termination of an Attachment or order, all documented Confidential Information (and all copies thereof) owned by the requesting party (if previously received by the terminating party) will be returned to the requesting party or will be destroyed, with written certification thereof being given to the requesting party. The provisions of this Section shall remain in effect during the term of the Agreement and shall survive the expiration or termination thereof for a period of four (4) years, provided that the obligations hereunder shall continue in effect for any Confidential Information for so long as it is a trade secret under applicable law. 23. Beneficial Use. Beneficial Use occurs when the Customer uses the Service or feature of the Service for its intended operational purpose (excluding training or testing) prior to the full completion of acceptance testing (“Beneficial Use”). Upon commencement of Beneficial Use by Customer, payment requirements will begin and the Customer shall assume responsibility for the use and operation of the Service. Customer may not commence Beneficial Use without Company’s prior written authorization, which may be withheld in Company’s reasonable discretion. Company is not liable for Service deficiencies that occur during unauthorized Beneficial Use. Customer acknowledges that service corrections and software changes can result in interruptions to normal system operations. 24. Statement of Work. Customer’s installation of the Service will begin upon the development of a Statement of Work by Customer and Company. 25. Warranty Period. Unless expressly provided otherwise in this Agreement, Customer acknowledges that the Services do not include a warranty period and that billing for the Service will begin upon acceptance or Beneficial Use by the Customer. 26. This Agreement is not binding upon Company until executed by an authorized employee, partner, or agent of Customer and Company. This Agreement may not be modified, amended, or superseded other than by a written instrument executed by both parties, approved by the appropriate Company organization, and incorporated into Company’s mechanized system. The undersigned warrant and represent that the undersigned have the authority to bind Customer and Company to this Agreement. Attachment number 1 Page 5 of 11 Item # 32 SPECIAL SERVICE ARRANGEMENT AGREEMENT Case Number GA07-D316-00 Option 1 of 1 PRIVATE/PROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 6 of 11 Offer Expiration: This offer shall expire on: 2/1/2008. Estimated service interval following acceptance date: Negotiable weeks. Service description: This Special Service Arrangement provides a one-time charge for purchase and installation of Positron Public Safety Systems Corporation E911 Public Safety Answering Position (PSAP) equipment and software. The monthly rate for maintenance is also provided. This Agreement is for sixty (60) months. The service interval will be negotiated. . IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives on the dates set forth below. Accepted by: Customer: Augusta, Georgia, a political subdivision of the state of Georgia By: __________________________________________ Authorized Signature Printed Name: __________________________________ Title: ______________________________________ Date: ______________________________________ Company: BellSouth Telecommunications, Inc. By: Government Education Medical By: __________________________________________ Authorized Signature Printed Name: __________________________________ Title: ______________________________________ Date: ______________________________________ Attachment number 1 Page 6 of 11 Item # 32 SPECIAL SERVICE ARRANGEMENT AGREEMENT Case Number GA07-D316-00 Option 1 of 1 RATES AND CHARGES PRIVATE/PROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 7 of 11 Rate Elements Non-Recurring Monthly Rate USOC 1 Positron Site Survey a) Per site $3,053.00 $.00 W1173 2 Positron Power 911 Training - Travel Fee a) per occasion $1,592.00 $.00 W117A 3 Positron Power 911 Training - Living Expenses a) per day $255.00 $.00 W117B 4 Positron Power 911 Training - Administrator - 2 days (Configurator Lite; Power MIS; Windows NT) a) per Administrator, each $2,623.00 $.00 W117G 5 Nonrecurring Charge = Customer Purchase (includes installation) Monthly Rate = Maintenance Positron Power MIS 3.0 Server Component 16-30 Positions -each $26,633.00 $399.00 W117S 6 Nonrecurring Charge = Customer Purchase (includes installation) Monthly Rate = Maintenance Positron Power 911 - Base system -Each $15,353.00 $160.00 W117T 7 Nonrecurring Charge = Customer Purchase (includes installation) Monthly Rate = Maintenance Positron Power 911 - Additional Position -Each $3,514.00 $43.00 W117U 8 Nonrecurring Charge = Customer Purchase (includes installation) Monthly Rate = Maintenance Positron $3,954.00 $34.00 W117V Attachment number 1 Page 7 of 11 Item # 32 SPECIAL SERVICE ARRANGEMENT AGREEMENT Case Number GA07-D316-00 Option 1 of 1 RATES AND CHARGES PRIVATE/PROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 8 of 11 Power 911 - Object Server -Each 9 Nonrecurring Charge = Customer Purchase (includes installation) Monthly Rate = Maintenance Positron Professional Services, -per day $1,950.00 $.00 W117X 10 Nonrecurring Charge = Customer Purchase (includes installation) Monthly Rate = Maintenance Positron Power MAP Administrator Training -Per Day $2,025.00 $.00 W22CB 11 Nonrecurring Charge = Customer Purchase (includes installation) Monthly Rate = Maintenance Positron VIPER Base System OP x 8T x OA a) each $100,433.00 $1,448.00 W22K9 12 Nonrecurring Charge = Customer Purchase (includes installation) Monthly Rate = Maintenance Positron CIM Card a) each $4,568.00 $80.00 W22KC 13 Nonrecurring Charge = Customer Purchase (includes installation) Monthly Rate = Maintenance Positron VoIP FXO Gateway, 8 ports a) each $2,311.00 $53.00 W22KH 14 Nonrecurring Charge = Customer Purchase (includes installation) Monthly Rate = Maintenance Positron Backroom Position Access License a) each $961.00 $6.00 W22KL Attachment number 1 Page 8 of 11 Item # 32 SPECIAL SERVICE ARRANGEMENT AGREEMENT Case Number GA07-D316-00 Option 1 of 1 RATES AND CHARGES PRIVATE/PROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 9 of 11 15 Nonrecurring Charge = Customer Purchase (includes installation) Monthly Rate = Maintenance Positron VIPER Enabling Kit a) each $4,370.00 $64.00 W22KO 16 Nonrecurring Charge = Customer Purchase (includes installation) Monthly Rate = Maintenance Positron IWS Server Redundant Disk Array -Each $2,769.00 $44.00 W22Q2 17 Nonrecurring Charge = Customer Purchase (includes installation) Monthly Rate = Maintenance Positron Power MAP Staging -Per position $420.00 $.00 18 Contract Preparation Charge $316.00 $.00 WGGVF Attachment number 1 Page 9 of 11 Item # 32 SPECIAL SERVICE ARRANGEMENT AGREEMENT Case Number GA07-D316-00 Option 1 of 1 PRIVATE/PROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 10 of 11 RATES AND CHARGES NOTES: 1. A termination liability charge will be applicable if the Customer terminates all or any part of the service provided in this Agreement prior to the end of the sixty (60) month service period. The applicable charge is equal to the number of months remaining in the Agreement term multiplied by sixty percent (60%) of the monthly rates. 2. The Customer must subscribe to additional elements set forth in this Agreement within the first twelve (12) months of acceptance of the Agreement. The addition of elements after the initial twelve (12) month period will require a new Special Service Arrangement. 3. Rates and charges herein are in addition to any applicable tariff rates and charges. Rules and regulations of the General Subscriber Services Tariff apply. 4. This Agreement does not cover the following: - damages caused by disasters such as fire, flood, wind, or earthquake. - damages caused by unauthorized disconnects or de-powering of the equipment. - damages caused by power surges, under voltage, over voltage, brownouts, or ground faults caused by commercial AC power and/or Customer provided generators. - damages caused by modifications to the equipment, unauthorized attachments, alterations, modification or relocation of the equipment by an unauthorized person. - damage during shipment other than original shipment to the Customer. - damage caused by consumables or spilled liquids, impact with other objects. - damage caused by any other abuse, misuse, mishandling, misapplication. - damage caused by software viruses, however introduced. This Agreement does not include hardware or software replacement that may be required by the introduction of software viruses or lost data regardless of the cause. Company or its supporting vendors may assist in the repair or recovery efforts at current time and materials rates. Except as provided in Note 5 below, in addition, in the case of damage, loss, theft or destruction of the equipment or software not due to ordinary wear and tear, the Customer shall be required to pay the expense incurred by the Company in connection with the replacement of the equipment damaged, lost, stolen or destroyed or the expense incurred in restoring it to its original condition. 5. Company will repair or replace equipment that is damaged by lightning strikes only if the Customer provides and maintains proper grounding and bonding of the equipment as specified in the E9-1-1-- PSAP Site Requirements (a document separate from this Agreement). Where improper grounding is found Company will repair or replace the damaged equipment on a time and materials basis at the Customer’s expense. 6. Hardware not provided by the Company will not be repaired, replaced or maintained by the Company even though interconnected or integral to the Service. All Customer-provided equipment must be clearly marked and listed on a separate worksheet. The Customer also agrees to obtain prior written approval from the Company before additional software is added to the Service and agrees to pay current time and material charges for problems attributable to non-approved software. 7. Customer acknowledges that software installation is limited to the applications sold under this or other BellSouth agreements. Attachment number 1 Page 10 of 11 Item # 32 SPECIAL SERVICE ARRANGEMENT AGREEMENT Case Number GA07-D316-00 Option 1 of 1 PRIVATE/PROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 11 of 11 8. Customer acknowledges that it has reviewed the proposed configuration and represents storage sizing is adequate for the current site operations. Future operational changes or additional storage requirements may necessitate additional equipment which will be billable to the Customer. 9. In the event that all or any part of this Agreement is terminated at the Customer's request prior to the expiration of the Agreement term, the Customer will be required to pay the applicable termination charge as stated in this Agreement. The Agreement provisions concerning termination liability shall be inapplicable to any state, county, or municipal governmental entity when there is in effect, as a result of action by such entity and through a duly constituted legislative, administrative, or executive body: 1. a statute; 2. an ordinance; 3. a policy directive; or 4. a constitutional provision which restricts or prohibits an additional contractual payment for early termination of a contract by any such entity, or agency thereof, due to an unavailability of funding. When service is being provided and funding to the governmental entity for such service becomes unavailable, the governmental entity may cancel the service without additional payment obligation. Absent any official statute, ordinance, policy directive, or constitutional provision, the Customer shall be responsible for the termination charge. All trademarks or service marks contained herein are the property of the respective owners. END OF ARRANGEMENT AGREEMENT OPTION 1 Attachment number 1 Page 11 of 11 Item # 32 Attachment number 2 Page 1 of 1 Item # 32 Attachment number 2 Page 1 of 1 Item # 32 SPECIAL SERVICE ARRANGEMENT AGREEMENT Case Number GA07-D145-00 PRIVATE/PROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 1 of 13 This Special Service Arrangement (SSA) Agreement ("Agreement") is by and between BellSouth Telecommunications, Inc., a Georgia corporation, d/b/a BellSouth, ("Company" or “BellSouth”) and Augusta, Georgia, a political subdivision of the state of Georgia ("Customer”), and is entered into pursuant to Tariff Section A5 of the General Subscriber Services. This Agreement is based upon the following terms and conditions as well as Attachment(s) affixed hereto and the appropriate lawfully filed and approved tariffs which are by this reference incorporated herein. 1. Scope. Customer requests and Company agrees, subject to the terms and conditions herein, to provide the service described in this Agreement at the monthly and nonrecurring rates, charges, and conditions as described in this Agreement ("Service"). The rates, charges, and conditions described in this Agreement are binding upon Company and Customer for the duration of this Agreement. For the purposes of the effectiveness of the terms and conditions contained herein, this Agreement shall become effective upon execution by both parties. For purposes of the determination of any service period stated herein, said Service period shall commence when the Service is accepted by Customer or when the customer begins using the Service for its intended operational use, whichever occurs first. 2. Additional Services. Company agrees to provide Customer notice of any additional tariffed services required for the installation of the Service. Customer agrees to be responsible for all rates, charges and conditions for any additional tariffed services that are ordered by Customer. 3. Regulatory Considerations. This Agreement is subject to and controlled by the provisions of Company's or any of its affiliated companies' lawfully filed and approved tariffs, including but not limited to Section A2 of the General Subscriber Services Tariff and No. 2 of the Federal Communications Commission Tariff and shall include all changes to said tariffs as may be made from time to time. All appropriate tariff rates and charges shall be included in the provision of this service. Except for the expressed rates, charges, terms and conditions herein, in the event any part of this Agreement conflicts with the terms and conditions of Company’s or any of its affiliated companies’ lawfully filed and approved tariffs, the tariff shall control. 4. Regulatory Approvals. This Agreement may be subject to the appropriate regulatory approval prior to commencement of installation. Should such regulatory approval be denied, after a proper request by Company, this Agreement shall be null, void, and of no effect. 5. Cancellation-Prior to Installation. If Customer cancels this Agreement prior to the completed installation of the Service, but after the execution of this Agreement by Customer and Company, Customer shall pay all reasonable costs incurred in the implementation of this Agreement prior to receipt of written notice of cancellation by Company. Notwithstanding the foregoing, such reasonable costs shall not exceed all costs which would apply if the work in the implementation of this Agreement had been completed by Company. 6. Termination-Prior to Expiration of Service Period. If Customer cancels this Agreement at any time prior to the expiration of the Service period set forth in this Agreement, Customer shall be responsible for all termination charges. Unless otherwise specified by the tariff, termination charges are defined as all remaining charges as a result of the minimum Service period agreed to by the Company and Customer and set forth in this Agreement. 7. Choice of Law. This Agreement shall be construed in accordance with the laws of the State of Georgia. 8. Notices. Except as otherwise provided in this Agreement, notices required to be given pursuant to this Agreement shall be effective when received, and shall be sufficient if given in writing, hand delivered, or United States mail, postage prepaid, addressed to the appropriate party at the address set forth Attachment number 3 Page 1 of 13 Item # 32 SPECIAL SERVICE ARRANGEMENT AGREEMENT Case Number GA07-D145-00 PRIVATE/PROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 2 of 13 below. Either party hereto may change the name and address to whom all notices or other documents required under this Agreement must be sent at any time by giving written notice to the other party. BellSouth BellSouth Telecommunications, Inc. Assistant Vice President 2180 Lake Blvd. mail bin 08c23 Atlanta, GA 30319 Customer Augusta, Georgia, a political subdivision of the state of Georgia 911 Fourth St. Augusta, GA 30901 9. Assignment. Customer may not assign its rights or obligations under this Agreement without the express written consent of Company and only pursuant to the conditions contained in the appropriate tariff. 10. Severability. In the event that one or more of the provisions contained in this Agreement or incorporated within by reference shall be invalid, illegal, or unenforceable in any respect under any applicable statute, regulatory requirement or rule of law, then such provisions shall be considered inoperative to the extent of such invalidity, illegality, or unenforceability and the remainder of this Agreement shall continue in full force and effect. 11. Merger Clause. Customer acknowledges that Customer has read and understands this Agreement and agrees to be bound by its terms and conditions. Customer further agrees that this Agreement, and any orders, constitute the complete and exclusive statement of the Agreement between the parties, superseding all proposals, representations, and/or prior agreements, oral or written, between the parties relating to the subject matter of the Agreement. 12. Acceptance. Acceptance of any order by Company is subject to Company credit and other approvals. Following order acceptance, if it is determined that: (i) the initial credit approval was based on inaccurate or incomplete information; or (ii) the Customer's creditworthiness has significantly decreased, Company in its sole discretion reserves the right to cancel the order without liability or suspend the order until accurate and appropriate credit approval requirements are established and accepted by Customer. 13. Taxes and Fees. All charges are exclusive of applicable federal, state or local taxes and fees. Company may invoice and Customer agrees to pay to Company amounts equal to any taxes resulting from this Agreement or any activities hereunder including any and all sales and use taxes, duties, or review imposed or permitted by any authority, government, or governmental agency, exclusive of taxes on Company's net income. Customer will be responsible for any ad valorem, property, or other taxes assessable on equipment on or after delivery to the installation site. 14. Risk of Loss or Damage. All risk of loss or damage shall pass to Customer as to each item of equipment on the date of delivery to the Customer Service location. 15. Security Interest. Customer grants the Company a purchase money security interest in each item of equipment or software. Customer agrees to execute any documents that are reasonably requested by the Company to protect or perfect the Company’s security interest. 16. Software License. Attachment number 3 Page 2 of 13 Item # 32 SPECIAL SERVICE ARRANGEMENT AGREEMENT Case Number GA07-D145-00 PRIVATE/PROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 3 of 13 a) All software is and will remain the property of Company. Company, with respect to Company developed software and to the extent authorized under the supplier licenses, grants to Customer a personal, nontransferable and nonexclusive sublicense (without the right to further sublicense) to use the software, subject to the following terms and conditions. b) Customer shall (i) use the software only in conjunction with the particular Service for which the software was initially furnished; (ii) use the software solely for Customer's internal business purposes; (iii) not reverse engineer, decompile, disassemble, reverse translate or otherwise translate the software into human readable form, nor reproduce the software except for archival purposes; (iv) return the software, together with all copies thereof, or with Company's written consent, destroy (or erase, if recorded on an erasable storage medium) the software when no longer needed or permitted for use with the Service for which the software was furnished; and (v) keep in confidence all information relating to software and treat such information as the exclusive property and trade secret of Company or such suppliers. c) In addition to the above, where Company’s suppliers require Customer to sign or otherwise agree to separate licensing provisions directly with the supplier, Customer shall comply with such licensing provisions. 17. Changes in Customer Orders. Changes to an order may only be made following agreement of Customer and Company to the change. Such change would not materially alter the original design, functionality or implementation date. Appropriate documentation will be required so that additions or deletions may be recorded and charges or credits issued. The Customer’s ability to delete items from an order or to return equipment is subject to Company’s ability to return the equipment to the manufacturer. Restocking, shipping and handling charges will be assessed with respect to any items deleted or returned. a) Shipping Expedites. Unless otherwise agreed to by the parties in writing, Company will provide the software and hardware one hundred twenty (120) days from the date that this Agreement is effective. If requested by the Customer, Company will deliver the Service in less than one hundred twenty (120) days provided that the Customer pay reasonable expedite delivery charge that are incurred by Company. Notice of those charges will be provided after the required delivery date is determined by the Customer and the Company. b) Delivery Delays. Customer agrees to reimburse Company for all out-of-pocket expenses incurred by Company if Service delivery is delayed by Customer. If the implementation is delayed, through no fault of the Company for ninety (90) days from planned implementation, the Company will have the option to revise the pricing to the then current rates and to collect all reasonable out of pocket costs for implementation delays, storage and lost margins from Customer. c) Additional equipment. Customer acknowledges that the equipment requirements are based on the current information provided by the Customer and are the best estimate of Customer and Company. If additional equipment is required, Company will provide the equipment after the Customer’s completion and Company’s acceptance of a written change order, which will include any additional charges to Customer. d) Customer acknowledges that it has reviewed the proposed configuration and the storage sizing is adequate for the current site operations. Future operational changes or additional storage requirements may necessitate additional equipment which will be billable to the Customer. 18. Maintenance. a) If applicable, maintenance service commences at the earlier of the Service acceptance or the date that the Customer begins using the Service for its intended operational purpose. Maintenance may be provided via repair, replacement, or upgrade of defective equipment at Company’s option. If on-site manufacturer service is required, it will be provided at Company’s then current commercial rates. b) The initial term for maintenance shall be sixty (60) months unless otherwise stated on the Order. The initial term shall be automatically renewed for successive terms of one (1) year Attachment number 3 Page 3 of 13 Item # 32 SPECIAL SERVICE ARRANGEMENT AGREEMENT Case Number GA07-D145-00 PRIVATE/PROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 4 of 13 each at Company‘s then-current rates. Either party may elect not to renew maintenance service by giving the other party written notice at least thirty (30) days prior to the end of the then-current term. 19. Remedies and Damages Limitations. a) The following limitations of liability represent a material inducement to the parties to enter into this Agreement and to perform Orders at the stated price. If additional risks or undertakings were contemplated by Company, the additional risks or undertakings would have been reflected in an increased price. In contemplation of the price, Customer acknowledges that there is consideration for the limitation of damages and remedies set forth above and as follows. b) ANYTHING IN THIS AGREEMENT OR ANY OTHER DOCUMENTS TO THE CONTRARY NOTWITHSTANDING, NEITHER COMPANY, NOR ITS SUPPLIERS OR MANUFACTURERS, SHALL BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, ECONOMIC, OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF DATA, TOLL FRAUD OR OTHER UNAUTHORIZED USE, OR LOSS OF USE. THIS LIMITATION OF LIABILITY WILL APPLY WHETHER ANY CLAIM IS BASED ON CONTRACT, WARRANTY, NEGLIENCE OR OTHER TORT, BREACH OF STATUTORY OR OTHER LEGAL DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, OR OTHERWISE, WHETHER OR NOT THEY OR COMPANY HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING. CUSTOMER'S EXCLUSIVE REMEDY FOR ANY DEFAULT OR BREACH OF ANY WARRANTY, EXPRESSED OR IMPLIED, SHALL BE LIMITED TO REPAIR OR REPLACEMENT OF EQUIPMENT OR REPERFORMANCE OF THE SERVICES AT COMPANY'S EXPENSE OR RETURN OF THE DEPRECIATED AMOUNT PAID FOR THE EQUIPMENT OR SERVICE IF REPERFORMANCE, REPAIR OR REPLACEMENT IS NOT REASONABLY AVAILABLE. 20. Default by Customer. Upon any default by Customer under this Agreement, including the refusal to accept conforming equipment or Services, Company may exercise all remedies to which Company may be entitled at law or in equity, including specific performance. Additionally, Company may declare all sums due or to become due hereunder immediately due and payable, and Company shall be entitled to recover all collection costs incurred, including legal interest. In addition, for payments not received within thirty (30) days of the invoice date, a late fee not exceeding the lower of two percent (2%) per month or the maximum rate allowed by law shall be assessed on any past due invoice balance. Company shall not be obligated to perform Services hereunder if Customer is in default of any of its obligations under this Agreement for any Order. Upon Customer default, Company may suspend or cancel any outstanding, unfulfilled Orders without in any way affecting its rights under this Agreement. If Company elects to continue performing under any Order, Company's actions shall not constitute a waiver of any default by Customer. 21. Contingencies. Company shall be excused from performance and shall not be liable for any delay or damage caused, in whole or in part, by any occurrence beyond the reasonable control either of Company or of its subcontractors or suppliers. Such contingencies include, without limitation, war, civil disobedience, delay in transportation, failure by suppliers to deliver equipment, governmental action, terrorism, acts of any third party, labor dispute, accident, fire, explosion, flood, severe weather or other acts of God, power failure, shortage of labor or materials, or discovery of asbestos or other hazardous substance. 22. Confidentiality. a) Except as set forth in this Section, or as otherwise expressly provided in this Agreement, each Party agrees that (a) all information communicated to it by the other and identified and marked as “confidential,” whether before or after the date hereof, (b) all information identified as confidential to which it has access in connection with the Services and (c) this Agreement, all associated contract documentation and correspondence, and the parties’ rights and obligations Attachment number 3 Page 4 of 13 Item # 32 SPECIAL SERVICE ARRANGEMENT AGREEMENT Case Number GA07-D145-00 PRIVATE/PROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 5 of 13 hereunder (collectively, “Confidential Information”), will be, and will be deemed to have been, received in confidence and will be used only for purposes of this Agreement. Each party agrees to use the same means it uses to protect its own confidential information, but in no event less than reasonable means, to prevent the disclosure and protect the confidentiality of Confidential Information. No Confidential Information will be disclosed by the recipient party without the prior written consent of the disclosing party; provided, however, that each party may disclose this Agreement and any disclosing party’s Confidential Information to those who are employed or engaged by the recipient party, its agents or those of its affiliates who have a need to have access to such information in connection with their employment or engagement, provided the recipient party notifies such persons of the obligations set forth in this Section and such persons agree in writing to abide by such obligations. b) The obligations set forth in subsection 22.1 above will not prevent any party from disclosing information that belongs to such party or (a) is already known by the recipient party without an obligation of confidentiality other than under this Agreement, (b) is publicly known or becomes publicly known through no unauthorized act of the recipient party, (c) is rightfully received from a third party, (d) is independently developed without use of the disclosing party’s Confidential Information or (e) is disclosed without similar restrictions to a third party by the party owning the Confidential Information. If Confidential Information is required to be disclosed pursuant to law, regulation, tariff or a requirement of a governmental authority, or in connection with an arbitration or mediation, such Confidential Information may be disclosed pursuant to such requirement so long as the party required to disclose the Confidential Information, to the extent possible, provides the disclosing party with timely prior written notice of such requirement and coordinates with the disclosing party in an effort to limit the nature and scope of such required disclosure. Upon written request at the expiration or termination of an Attachment or order, all documented Confidential Information (and all copies thereof) owned by the requesting party (if previously received by the terminating party) will be returned to the requesting party or will be destroyed, with written certification thereof being given to the requesting party. The provisions of this Section shall remain in effect during the term of the Agreement and shall survive the expiration or termination thereof for a period of four (4) years, provided that the obligations hereunder shall continue in effect for any Confidential Information for so long as it is a trade secret under applicable law. 23. Beneficial Use. Beneficial Use occurs when the Customer uses the Service or feature of the Service for its intended operational purpose (excluding training or testing) prior to the full completion of acceptance testing (“Beneficial Use”). Upon commencement of Beneficial Use by Customer, payment requirements will begin and the Customer shall assume responsibility for the use and operation of the Service. Customer may not commence Beneficial Use without Company’s prior written authorization, which may be withheld in Company’s reasonable discretion. Company is not liable for Service deficiencies that occur during unauthorized Beneficial Use. Customer acknowledges that service corrections and software changes can result in interruptions to normal system operations. 24. Statement of Work. Customer’s installation of the Service will begin upon the development of a Statement of Work by Customer and Company. 25. Warranty Period. Unless expressly provided otherwise in this Agreement, Customer acknowledges that the Services do not include a warranty period and that billing for the Service will begin upon acceptance or Beneficial Use by the Customer. 26. This Agreement is not binding upon Company until executed by an authorized employee, partner, or agent of Customer and Company. This Agreement may not be modified, amended, or superseded other than by a written instrument executed by both parties, approved by the appropriate Company organization, and incorporated into Company’s mechanized system. The undersigned warrant and represent that the undersigned have the authority to bind Customer and Company to this Agreement. Attachment number 3 Page 5 of 13 Item # 32 SPECIAL SERVICE ARRANGEMENT AGREEMENT Case Number GA07-D145-00 Option 1 of 1 PRIVATE/PROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 6 of 13 Offer Expiration: This offer shall expire on: 1/27/2008. Estimated service interval following acceptance date: Negotiable weeks. Service description: This Special Service Arrangement provides a one-time charge for purchase and installation of Positron Public Safety Systems Corporation E911 Public Safety Answering Position (PSAP) equipment and software. The monthly rate for maintenance is also provided. This Agreement is for sixty (60) months. The service interval will be negotiated. . IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives on the dates set forth below. Accepted by: Customer: Augusta, Georgia, a political subdivision of the state of Georgia By: __________________________________________ Authorized Signature Printed Name: __________________________________ Title: ______________________________________ Date: ______________________________________ Company: BellSouth Telecommunications, Inc. By: Government Education Medical By: __________________________________________ Authorized Signature Printed Name: __________________________________ Title: ______________________________________ Date: ______________________________________ Attachment number 3 Page 6 of 13 Item # 32 SPECIAL SERVICE ARRANGEMENT AGREEMENT Case Number GA07-D145-00 Option 1 of 1 RATES AND CHARGES PRIVATE/PROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 7 of 13 Rate Elements Non-Recurring Monthly Rate USOC 1 Nonrecurring Charge = Customer Purchase (includes installation) Monthly Rate = Maintenance Positron Power MAP 2.00 Software for ESRI Data (Data not included) a) each (Note: Additional Monitors and Dual or Quad Video Card recommended) $4,908.00 $31.00 W115K 2 Nonrecurring Charge = Customer Purchase (includes installation) Monthly Rate = Maintenance Positron Power MAP Base ESRI Editing Software a) each (Assumes a non-active position or Customer supplied computer will be used for map data editing) $2,610.00 $19.00 W115M 3 Nonrecurring Charge = Customer Purchase (includes installation) Monthly Rate = Maintenance Positron Power MAP - Base Configuration a) each (one required, per site) $2,778.00 $51.00 W115O 4 Positron Site Survey a) Per site $3,053.00 $.00 W1173 5 Positron Power 911 Training - Travel Fee a) per occasion $1,592.00 $.00 W117A 6 Positron Power 911 Training - Living Expenses a) per day $255.00 $.00 W117B 7 Positron On-site Training - Power 911 Call taker (minimum 4 Call Takers) a) per Call Taker (4 hours) $288.00 $.00 W117C 8 Positron $2,623.00 $.00 W117G Attachment number 3 Page 7 of 13 Item # 32 SPECIAL SERVICE ARRANGEMENT AGREEMENT Case Number GA07-D145-00 Option 1 of 1 RATES AND CHARGES PRIVATE/PROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 8 of 13 Power 911 Training - Administrator - 2 days (Configurator Lite; Power MIS; Windows NT) a) per Administrator, each 9 Nonrecurring Charge = Customer Purchase (includes installation) Monthly Rate = Maintenance Positron 19 inch LCD Monitor -Each $1,056.00 $42.00 W117M 10 Nonrecurring Charge = Customer Purchase (includes installation) Monthly Rate = Maintenance Positron 19 inch LCD Monitor Touchscreen -Each $2,244.00 $90.00 W117N 11 Nonrecurring Charge = Customer Purchase (includes installation) Monthly Rate = Maintenance Positron Power MIS 3.0 Server Component 1-4 Positions -each $8,202.00 $123.00 W117Q 12 Nonrecurring Charge = Customer Purchase (includes installation) Monthly Rate = Maintenance Positron Power MIS 3.0 Additional Data License -Each $745.00 $11.00 W11O6 13 Nonrecurring Charge = Customer Purchase (includes installation) Monthly Rate = Maintenance Positron Power 911 - Redundant Disk Array a) each $6,587.00 $98.00 W11Q2 14 Nonrecurring Charge = Customer Purchase (includes installation) Monthly Rate = Maintenance $1,735.00 $8.00 W11Q6 Attachment number 3 Page 8 of 13 Item # 32 SPECIAL SERVICE ARRANGEMENT AGREEMENT Case Number GA07-D145-00 Option 1 of 1 RATES AND CHARGES PRIVATE/PROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 9 of 13 Positron Laser Printer w/Jet Direct 600N a) each 15 Nonrecurring Charge = Customer Purchase (includes installation) Monthly Rate = Maintenance Positron Power 911 - Agent Toolkit Software a) each $597.00 $5.00 W11QS 16 Nonrecurring Charge = Customer Purchase (includes installation) Monthly Rate = Maintenance Positron Power 911 - Integrated Call Recorder a) each $576.00 $6.00 W11QV 17 Nonrecurring Charge = Customer Purchase (includes installation) Monthly Rate = Maintenance Positron Power 911 - Integrated TDD for IAP Backroom a) each $577.00 $7.00 W11QW 18 Nonrecurring Charge = Customer Purchase (includes installation) Monthly Rate = Maintenance Positron Dual Video Card a) each $150.00 $2.00 W11YP 19 Nonrecurring Charge = Customer Purchase (includes installation) Monthly Rate = Maintenance Positron Power MAP Administrator Training -Per Day $2,025.00 $.00 W22CB 20 Nonrecurring Charge = Customer Purchase (includes installation) Monthly Rate = Maintenance Positron Power MAP Calltaker Training (per Calltaker) - minimum four people per day $288.00 $.00 W22CC Attachment number 3 Page 9 of 13 Item # 32 SPECIAL SERVICE ARRANGEMENT AGREEMENT Case Number GA07-D145-00 Option 1 of 1 RATES AND CHARGES PRIVATE/PROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 10 of 13 21 Nonrecurring Charge = Customer Purchase (includes installation) Monthly Rate = Maintenance Positron VIPER Base System OP x 8T x OA a) each $100,433.00 $1,448.00 W22K9 22 Nonrecurring Charge = Customer Purchase (includes installation) Monthly Rate = Maintenance Positron VoIP FXO Gateway, 8 ports a) each $2,311.00 $53.00 W22KH 23 Nonrecurring Charge = Customer Purchase (includes installation) Monthly Rate = Maintenance Positron Backroom Position Access License a) each $961.00 $6.00 W22KL 24 Nonrecurring Charge = Customer Purchase (includes installation) Monthly Rate = Maintenance Positron Power 911, Database Server 1-10 positions, VIPER ONLY a) each $22,408.00 $252.00 W22KN 25 Nonrecurring Charge = Customer Purchase (includes installation) Monthly Rate = Maintenance Positron VIPER Enabling Kit a) each $4,370.00 $64.00 W22KO 26 Nonrecurring Charge = Customer Purchase (includes installation) Monthly Rate = Maintenance Power 911, Workstation 1-10 positions, VIPER ONLY $7,385.00 $90.00 W22KP Attachment number 3 Page 10 of 13 Item # 32 SPECIAL SERVICE ARRANGEMENT AGREEMENT Case Number GA07-D145-00 Option 1 of 1 RATES AND CHARGES PRIVATE/PROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 11 of 13 -Per position 27 Contract Preparation Charge $316.00 $.00 WGGVF Attachment number 3 Page 11 of 13 Item # 32 SPECIAL SERVICE ARRANGEMENT AGREEMENT Case Number GA07-D145-00 Option 1 of 1 PRIVATE/PROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 12 of 13 RATES AND CHARGES NOTES: 1. A termination liability charge will be applicable if the Customer terminates all or any part of the service provided in this Agreement prior to the end of the sixty (60) month service period. The applicable charge is equal to the number of months remaining in the Agreement term multiplied by sixty percent (60%) of the monthly rates. 2. The Customer must subscribe to additional elements set forth in this Agreement within the first twelve (12) months of acceptance of the Agreement. The addition of elements after the initial twelve (12) month period will require a new Special Service Arrangement. 3. Rates and charges herein are in addition to any applicable tariff rates and charges. Rules and regulations of the General Subscriber Services Tariff apply. 4. This Agreement does not cover the following: - damages caused by disasters such as fire, flood, wind, or earthquake. - damages caused by unauthorized disconnects or de-powering of the equipment. - damages caused by power surges, under voltage, over voltage, brownouts, or ground faults caused by commercial AC power and/or Customer provided generators. - damages caused by modifications to the equipment, unauthorized attachments, alterations, modification or relocation of the equipment by an unauthorized person. - damage during shipment other than original shipment to the Customer. - damage caused by consumables or spilled liquids, impact with other objects. - damage caused by any other abuse, misuse, mishandling, misapplication. - damage caused by software viruses, however introduced. This Agreement does not include hardware or software replacement that may be required by the introduction of software viruses or lost data regardless of the cause. Company or its supporting vendors may assist in the repair or recovery efforts at current time and materials rates. Except as provided in Note 5 below, in addition, in the case of damage, loss, theft or destruction of the equipment or software not due to ordinary wear and tear, the Customer shall be required to pay the expense incurred by the Company in connection with the replacement of the equipment damaged, lost, stolen or destroyed or the expense incurred in restoring it to its original condition. 5. Company will repair or replace equipment that is damaged by lightning strikes only if the Customer provides and maintains proper grounding and bonding of the equipment as specified in the E9-1-1-- PSAP Site Requirements (a document separate from this Agreement). Where improper grounding is found Company will repair or replace the damaged equipment on a time and materials basis at the Customer’s expense. 6. Hardware not provided by the Company will not be repaired, replaced or maintained by the Company even though interconnected or integral to the Service. All Customer-provided equipment must be clearly marked and listed on a separate worksheet. The Customer also agrees to obtain prior written approval from the Company before additional software is added to the Service and agrees to pay current time and material charges for problems attributable to non-approved software. 7. Customer acknowledges that software installation is limited to the applications sold under this or other BellSouth agreements. Attachment number 3 Page 12 of 13 Item # 32 SPECIAL SERVICE ARRANGEMENT AGREEMENT Case Number GA07-D145-00 Option 1 of 1 PRIVATE/PROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 13 of 13 8. Customer acknowledges that it has reviewed the proposed configuration and represents storage sizing is adequate for the current site operations. Future operational changes or additional storage requirements may necessitate additional equipment which will be billable to the Customer. 9. In the event that all or any part of this Agreement is terminated at the Customer's request prior to the expiration of the Agreement term, the Customer will be required to pay the applicable termination charge as stated in this Agreement. The Agreement provisions concerning termination liability shall be inapplicable to any state, county, or municipal governmental entity when there is in effect, as a result of action by such entity and through a duly constituted legislative, administrative, or executive body: 1. a statute; 2. an ordinance; 3. a policy directive; or 4. a constitutional provision which restricts or prohibits an additional contractual payment for early termination of a contract by any such entity, or agency thereof, due to an unavailability of funding. When service is being provided and funding to the governmental entity for such service becomes unavailable, the governmental entity may cancel the service without additional payment obligation. Absent any official statute, ordinance, policy directive, or constitutional provision, the Customer shall be responsible for the termination charge. All trademarks or service marks contained herein are the property of the respective owners. END OF ARRANGEMENT AGREEMENT OPTION 1 Attachment number 3 Page 13 of 13 Item # 32 Attachment number 4 Page 1 of 1 Item # 32 CommissionMeetingAgenda 10/16/20072:00PM BSFSLeasingProposal Department:Augusta9-1-1Center caption2:ApproveLeaseProposalwithBSFS. Background:ThecurrentPower9-1-1SystemattheAugusta9-1-1 Center isunderafive(5)yearleasepurchasethroughBSF Sand approximatelytwo(2)yearsremainonthelease.I thas becomenecessarytoupgradethe9-1-1SystemforAu gusta andFt.GordontomeetNextGeneration9-1-1Techno logy. Analysis:BSFSisrequestingapprovaltobegindevelopingthe proposalfortheleasepurchaseofthenewequipmen t.This approvalneedsauthorizationbytheAugusta-Richmon d CountyCommissioninordertoproceed. FinancialImpact:Theleasepurchaseproposalwillbeforatotalof $780,693.00withtwooptionalpaymentplansof36a nd60 months.Therateforthe36monthsis0.0304andth eratefor the60monthsis0.0193.Thefinalagreementwillb ebrought beforetheappropriateCommitteeandtheFullCommi ssion, uponreceiptofthesame,forfinalapproval. Alternatives:ApprovetheproposalfromBSFS. Recommendation:Approvetheproposalfordevelopmentoftheleasep urchase byBSFS. Fundsare Availableinthe Following Accounts: Fundswillbeavailablein2008BudgetfortheAugu sta9-1-1 Center. Cover Memo Item # 33 REVIEWEDANDAPPROVEDBY : Finance. Administrator. ClerkofCommission Cover Memo Item # 33 Page 1 of 3 BSFS Equipment Leasing 44 Old Ridgebury Road Danbury, CT 06810 Phone (203) 796-2326 Fax (513) 229-5168 Email Elizabeth.buonamico2@ge.com October 2, 2007 City of Augusta, Georgia BSFS Equipment Leasing understands the environment in which you are competing and the advantages BellSouth solutions can provide in increasing your productivity. We are committed to providing financial products and solutions to meet whatever objectives drive the City of Augusta, Georgia: to refresh or upgrade technology easily, to match payments to usage, or to maintain flexibility as your needs change. Some of the benefits your company will enjoy from utilizing the proposed financing solutions include: Cash Management • Predictable, affordable payments • May address capital budget limitations • Opportunity cost considerations • Preserve cash and credit lines for other uses Flexibility and Convenience • Customized structures • Entire solution simplified into one, easy payment • Payments or term can be matched to use We are pleased to present for your review and acceptance the following proposal (“Proposal”) to provide financing of equipment and applicable software (collectively, “System”) as described below. Lessee: City of Augusta, Georgia Lessor: BSFS Equipment Leasing, a component of GE Capital Corporation or its affiliates, successors, or assigns Supplier AT&T System Option I: 911 Equipment System Price: $780,693.00 Attachment number 1 Page 1 of 3 Item # 33 Page 2 of 3 \OPTION 1: Tax Exempt $1.00 PURCHASE OPTION Lease Term: 36 & 60 Monthly Payments Payment Stream Rate Payment Payments 1 to 36: 0.0304 $23,700.07 Payments 1 to 60: 0.0193 $15,071.91 Payments are to be made in arrears. Pricing adjustments: Final Pricing will be subject to applicable taxes and may be adjusted based upon changes in anticipated delivery dates of the System and any services, final System configuration, and acceptable lease terms and conditions. Freight and taxes, if applicable, have not been included in the above payments. Pricing assumptions: The pricing contained herein is, in part, contingent upon (a) Lessee’s qualification as A State or political subdivision of a State within the meaning of Section 103 of the Internal Revenue Code, as amended and (b) that portion of the rent identified in the lease as interest charges, being excludable from Lessor’s federal gross income and subsequently exempt from federal income taxes and income tax of the State where e mix between equipment price and maintenance pricing changes, the above lease pricing is invalid and must be recalculated. Lease Rate Index: Lessee’s Lease Rate Factors are calculated in part, using an interest rate based on the interest rate for swaps (the “Swap Rate”) that most closely approximates the initial term of the Lease as published by the Federal Reserve Board in the Federal Reserve Statistical Release H.15 entitled “Selected Interest Rates”, available at http://www.bog.frb.fed.us/releases/h15 on October 2, 2007 (the “Initial Rate Date). The Lease Rate Factor and Lessee’s periodic lease payments may be adjusted if the Swap Rate as reported four (4) business days prior to acceptance of the Equipment is different than the Swap Rate as reported on the Initial Rate Date. Lease Commencement: Upon final installation and acceptance of the System. Lessor’s proposal also contains the following general characteristics and the rates proposed are specifically based upon these general characteristics and the assumptions set forth below: Net Lease: This is a noncancellable net lease transaction. Except for any right which Lessee may have to terminate the lease as a result of non-appropriation. All costs, including without limitation, insurance, maintenance and taxes, are paid by Lessee for the term of the Lease. Manufacturer and/or supplier warranties will be retained by Lessee during the term of the Lease Transactional Costs: Unless otherwise agreed, Lessor will be responsible for all of its closing and transactional costs except the credit approval, documentation and filing charges which shall be paid by Lessee. Lessee will be responsible for all costs it incurs. Other Provisions: Such other representations, warranties, and covenants as will be required by the parties and reflected in the lease documentation. Lease Expiration Options: At the end of the initial term, Lessee must purchase all, but not less than all, of the equipment for $1.00 Attachment number 1 Page 2 of 3 Item # 33 Page 3 of 3 Expiration Date Conditions: This Proposal is valid for [30] days from the date hereof, provided that a completed and executed application and proposal are received by Lessor within that time; thereafter this proposal is null and void. In addition, this proposal is conditioned upon all of the following having occurred within [90] days of the credit decision: (1) Lessor has received formal investment approval and all executed transaction documents in form and substance satisfactory to Lessor, (2) the System has been delivered installed and accepted by Lessee and (3) Lessor has funded the transaction. If all of the foregoing has not occurred by such date, this Proposal will be null and void. Changes: The terms of this Proposal may be modified, terminated, and/or subject to additional terms and conditions not set forth herein as a result of Lessor’s continuing due diligence, changes to the system, changes in market conditions, and changes to the business, operations, prospects or financial condition of Lessee. Lessee acknowledges that this proposal is confidential and any dissemination of this Proposal or its contents to third parties is strictly prohibited. This Proposal expresses the willingness of Lessor to seek the additional approvals necessary for the transaction and therefore, does not constitute a commitment. Any such commitment is subject to final investment approval by Lessor and the negotiation and execution of mutually satisfactory lease or financing documentation. Nothing herein is to be construed as constituting tax, accounting or financial advice by Lessor to Lessee. Lessee should consult its own tax, accounting and financial advisors for any such advice. This proposal supersedes any prior written or oral communications related to the subject matter hereof. Please indicate your approval of the terms contained herein by signing below and returning this Proposal to me. By signing below, Lessee authorizes Lessor and/or its agents to make a complete credit investigation and to relay this information to others as necessary to secure credit approval. Should you be interested in an option not described above, I would be happy to review additional structures that may meet your specific needs. Thank you for the opportunity to present this confidential Proposal. If you have any questions, please do not hesitate to call me at (203) 796-2326. Sincerely, Accepted by: City of Augusta, Georgia Elizabeth BuonamicoElizabeth BuonamicoElizabeth BuonamicoElizabeth Buonamico BY: (authorized signatory) Rep Name: Elizabeth Buonamico NAME: BSFS Equipment Leasing, a component of GE Capital Corporation TITLE: Phone: (203) 796-2326 DATE: Fax: (513) 229-5168 DESIRED OPTION: E-mail Address: Elizabeth.buonamico2@ge.com Attachment number 1 Page 3 of 3 Item # 33 CommissionMeetingAgenda 10/16/20072:00PM EMA/E911EmergencyNotificationSoftware Department:EmergencyManagement caption2:ApprovecontractwithTwenty-FirstCentury Communicationstoprovideemergencynotificationso ftware andservicestoAugusta. Background:EmergencyNotification(alsoknowngenericallyasr everse 911)istheprocessofusingphonetechnologytope rform mass-callingofcitizensincaseofanemergencyin orderto disseminateimportantinformation.Augustaisseeki nga technologically-advanced,flexible,andeffectivem ethodof providingthisservicewhilealsoprovidingaccount abilityfor itsuse.Currentnotificationsystemsusevarioust echniques suchasemail,textmessages,paging,phones,etc.i norderto communicateemergencymessagestothemaximumnumbe r ofcitizens.Augusta’scurrentservicedoesnotof ferthis levelofflexibility.InformationTechnology,EMA ,and E911workedwithProcurementtodevelopRFP06-152, whichwasreleasedinthefallof2006.Additionall y,these departmentsworkedtogethertoevaluatethevendors who respondedandwereselectedforpresentations.Twen ty-First CenturyCommunications(TFCC)waschosenastheven dor forthisproject. Analysis:TFCCoffersasolutionforthisprojectthtahastw ofactors:1) Theyoffer-sitelocationfromAugustawithredundantbackup sites,meaningthatifthereisamajorincidenttha tdisrupted Augusta'scomputercenterortheE911/EMAbuilding , Augustapersonnelconstillnotifythepublicofwh attheir actionsshouldbe;and2)Thesolutionusestheven dor's phoneandcomputernetworkinfrastructure,soAugus tahas nophonelinesorcomputerhardwaretobuy,install ,and maintainlocally.Augustapersonnelonlyneedacces stoa phoneorinternetconnectioninordertocreateand distribute messagestocitizensAdditionally,thesystemisno tstrickly limitedtoEMA/E911.Otherdepartmentssuchasthe Cover Memo Item # 34 AugustaUtilitiesDepartment,EngineeringandtheS heriff's Officecouldalsoparticipateandinformthepublic about construction-relatedwaterservicedisruption,road closures, orcriminalactivity.TheTFCCsolutionalsopermit stheuse ofGeographicInformationsystems(GIS)mappingto select aspecificgeographicareawithinAugustaandconta ct citizenslocatedinthatareaonly.Adatebaseofp hone numberswillbeobtainedfromBellSouthsothatour beginningdatebasecontainsasmanyphonenumbersa s possibleinordertoensurecommunicationswithmos t citizensincaseofanemegency.IfweusetheBell Southdate, thesystemcannotbeusedforanypurposebeyondpr oviding aservicetothepublic,andatnotimeshouldite verbeused forcommericalorpoliticalpurposes. FinancialImpact:Theoverallcostofthisprojectisapproximately$52,000. Thiswillfundthecostofsoftwarepurchaseandse tupaswell astheacquisitionofphonenumberdatebasefromBe llSouth andothersourcesasneeded.Operatingcostsperye arforthis solutionareapproxmately$15,000-$20,00peryerabasedon thesystempercallusageanddatebaserefreshestha twe choosetodo. Alternatives:Thereisnotanalternativeatthistimethatgives Augustathe sameflexibilityandtechnicaloffingthatTFCCpro vides. Recommendation:ApprovecontractwithTwenty-FirstCentury Communicationstoprovideemergencynotificationso ftware andservicetoAugusta. Fundsare Availableinthe Following Accounts: FundingAccount#2200.39210 REVIEWEDANDAPPROVEDBY : Procurement. InformationTechnology. Finance. Administrator. ClerkofCommission Cover Memo Item # 34 Attachment number 1 Page 1 of 1 Item # 34 Attachment number 1 Page 1 of 1 Item # 34 Attachment number 1 Page 1 of 1 Item # 34 Attachment number 1 Page 1 of 1 Item # 34 Attachment number 1 Page 1 of 1 Item # 34 Attachment number 1 Page 1 of 1 Item # 34 Attachment number 1 Page 1 of 1 Item # 34 Attachment number 2 Page 1 of 1 Item # 34 CommissionMeetingAgenda 10/16/20072:00PM JuvenileJusticeGrant Department: caption2:Motionto approvetheacceptanceofthe2007-2008grant awardtoRichmondCountybytheCouncilofJuvenile Court JudgesofGeorgia. Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 35 Attachment number 1 Page 1 of 9 Item # 35 Attachment number 1 Page 2 of 9 Item # 35 Attachment number 1 Page 3 of 9 Item # 35 Attachment number 1 Page 4 of 9 Item # 35 Attachment number 1 Page 5 of 9 Item # 35 Attachment number 1 Page 6 of 9 Item # 35 Attachment number 1 Page 7 of 9 Item # 35 Attachment number 1 Page 8 of 9 Item # 35 Attachment number 1 Page 9 of 9 Item # 35 CommissionMeetingAgenda 10/16/20072:00PM MedicalServicesProposal Department:Administrator caption2:DiscussproposalfromGoldCrossEMSformedicalse rvice. Background: Analysis: FinancialImpact: Alternatives:DonotapproveproposalfromGoldCrossEMS. Recommendation:ApproveproposalfromGoldCrossEMS. Fundsare Availableinthe Following Accounts: Generalfundbudgetasappropriate. REVIEWEDANDAPPROVEDBY : Administrator. ClerkofCommission Cover Memo Item # 36 Attachment number 1 Page 1 of 2 Item # 36 Attachment number 1 Page 2 of 2 Item # 36 CommissionMeetingAgenda 10/16/20072:00PM WrensPoliceDepartment Department:FinanceDepartment,FleetManagementDivision caption2:ConsiderarequestfromtheChiefofPolicefromWr ens, GeorgiaforassistanceinobtainingaK-9vehiclef orhis Department. Background:PleaseseetheattachedletterfromChiefDavidHan nah, ChiefofPolice,CityofWrens,Georgia.Augusta hastwo 1999FordCrownVictoriasthatareconfiguredasK-9 vehiclesthattheCommissioncouldconsider.AK-9 vehicle hastherearseatremovedandaspecialcagehasbe en inserted.Theeachoftheturnedinvehicleshave over 100,000milesonthem(Asset#:984000=113,192a nd Asset#:984001=106,333).Thesevehicleswould nowbe availableforsaleatPublicAuction.InDecember2 006 Augustaheldapublicauctionandtheaverageprice fora policeCrownVictoriawas$1,586.36. Analysis:IfthesetwovehiclesweretobesoldatPublicAuc tion(not anticipateduntilthefirstquarter2008)theproje ctedsale/bid priceshouldbebetween$1,000and$1,200. FinancialImpact:Thefinancialimpactisnegligiblethroughtheloss ofrevenue fromtheauction. Alternatives:1.DonateonevehicletotheCityofWrens.2.Don otdonate onevehicletotheCityofWrens.3.Sellthevehic leata reducedamount. Recommendation:DonateoneK-9VehicletotheCityofWrens. Fundsare Availableinthe Following Nonerequired Cover Memo Item # 37 Accounts: REVIEWEDANDAPPROVEDBY : Finance. Administrator. ClerkofCommission Cover Memo Item # 37 Attachment number 1 Page 1 of 1 Item # 37 Lot Asset #Year Make VIN Miles Buyer 113 994343 2000 Crown Victoria 2FAFP71W9YX212531 109,075 Ed D Dewitt 123 994309 2000 Crown Victoria 2FAFP7WXYX207502 99,250 Ed D Dewitt 124 994312 2000 Crown Victoria 2FAFP71W84X208910 98,382 136 984092 1999 Crown Victoria 2FAFP71WXXX109701 119,226 Julian Moore 147 984038 1999 Crown Victoria 2FAFP71W6XX109713 98,070 Pedro Rodriquez 164 994344 2000 Crown Victoria 2FAFP71W7YX212544 102,748 Freddie W. Taylor 175 994073 1999 Crown Victoria 2FAFP71W9XX225889 119,742 Tracy Kerr 176 994306 2000 Crown Victoria 2FAFP71W0YX212529 110,677 Tracy Kerr 177 984076 1999 Crown Victoria 2FAFP71W2XX109787 109,190 Tony L. Phillips 181 994068 1999 Crown Victoria 2FAFP71W5XX225887 101,618 Freddie W. Taylor 189 994044 1999 Crown Victoria 2FAFP71W7XX225860 145,203 Brett L Savage 230 994287 2000 Crown Victoria 2FAFP71W6YX207495 104,966 Ed D Dewitt 231 984050 1999 Crown Victoria 2FAFP71W6XX109775 101,451 Jerold Barrett 240 994050 1999 Crown Victoria 2FAFP71W9XX225858 103,376 Freddie W. Taylor 243 994290 2000 Crown Victoria 2FAFP71W8YX207501 106,145 Pedro Rodriquez 249 994331 2000 Crown Victoria 2FAFP71WXYX212537 110,631 Freddie W. Taylor 250 994289 2000 Crown Victoria 2FAFP71W1YX208330 109,081 William Howarth 251 984057 1999 Crown Victoria 2FAFP71W5XX109766 113,177 Willis Williams 252 994329 2000 Crown Victoria 2FAFP71W39X212542 107,678 Jerold Barrett 253 984201 2000 Crown Victoria 2FAFP71W3XX183817 86,262 Pedro Rodriquez 254 984034 1999 Crown Victoria 2FAFP71W0XX109786 107,951 William Howarth 255 984079 1999 Crown Victoria 2FAFP71W1XX109781 111,343 Freddie W. Taylor Auction, December 2006 Attachment number 2 Page 1 of 2 Item # 37 Company Address Phone Bid 2516 North Verse Avenue, Augusta, GA 30904 706-737-6942 2,400.00$ 2516 North Verse Avenue, Augusta, GA 30904 706-737-6942 2,200.00$ 786 Auto Sales 205-266-3333 2,000.00$ Auto Express 1219 Sandbar Ferry Road, Beech Island, SC 29842 706-267-6843 1,800.00$ Cheeler Cab of Augusta 2045 Gordon Highway, Augusta, GA 30909 706-736-3006 1,250.00$ Taylor Brothers Auto 156 Corn Road, Waynesboro, GA 30830 706-554-6974 2,200.00$ Kerr Motors, Inc. 3507 Wrightsboro Road, Augusta, GA 30909 706-736-8473 1,700.00$ Kerr Motors, Inc. 3507 Wrightsboro Road, Augusta, GA 30909 706-736-8473 1,900.00$ PO Box 2735, Vidalia, GA 30475 912-538-1434 1,400.00$ Taylor Brothers Auto 156 Corn Road, Waynesboro, GA 30830 706-554-6974 2,000.00$ 112 Brodeaux Street, North Augusta, SC 29841 706-825-7130 1,400.00$ 2516 North Verse Avenue, Augusta, GA 30904 706-737-6942 1,800.00$ Barrett Auto Glass 228 Echfield Road, North Augusta, SC 29841 803-279-1744 1,650.00$ Taylor Brothers Auto 156 Corn Road, Waynesboro, GA 30830 706-554-6974 1,300.00$ Cheeler Cab of Augusta 2045 Gordon Highway, Augusta, GA 30909 706-736-3006 1,100.00$ Taylor Brothers Auto 156 Corn Road, Waynesboro, GA 30830 706-554-6974 900.00$ 2134 Fairview Avenue, Augusta, GA 30904 706-738-7545 1,100.00$ 855 Midway Street SE, Atlanta, GA 30315 404-627-5066 1,400.00$ Barrett Auto Glass 228 Echfield Road, North Augusta, SC 29841 803-279-1744 1,200.00$ Cheeler Cab of Augusta 2045 Gordon Highway, Augusta, GA 30909 706-736-3006 1,200.00$ 2134 Fairview Avenue, Augusta, GA 30904 706-738-7545 1,500.00$ Taylor Brothers Auto 156 Corn Road, Waynesboro, GA 30830 706-554-6974 1,500.00$ Total 34,900.00$ Average 1,586.36$ Attachment number 2 Page 2 of 2 Item # 37 CommissionMeetingAgenda 10/16/20072:00PM AnnN.Johnson Department:ClerkofCommission caption2:ConsiderarequestfromMs.AnnJohnson,President of Augusta(GA)Chapter,LinksIncregardingtheabate mentof their2007taxesforpropertylocatedat2327Gardn erStreet. (NorecommendationfromFinanceCommitteeOctober 8,2007) Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 38 Attachment number 1 Page 1 of 2 Item # 38 Attachment number 1 Page 2 of 2 Item # 38 CommissionMeetingAgenda 10/16/20072:00PM AnnetteC.Robinson Department:ClerkofCommission caption2:Motionto approvearequestfromAnnetteC.Robinson reagrdingarefundofoverpaymentofproeprtytaxe sinthe amountof$60.00 (ApprovedbyFinanceCommittee October8,2007) Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 39 Attachment number 1 Page 1 of 3 Item # 39 Attachment number 1 Page 2 of 3 Item # 39 Attachment number 1 Page 3 of 3 Item # 39 CommissionMeetingAgenda 10/16/20072:00PM AugustaBoxingClub-PropertyTaxAbatement Department:RecreationandParksTomF.Beck,Jr.,Director caption2:Motionto approve theabatementofpropertytaxesfor2007 fortheAugustaBoxingClub,1929WaltonWay.(Approved byFinanceCommitteeOctober8,2007) Background:TheAugustaBoxingClubheadquartersisownedbyJL O Groupandhasbeendonatedthrualeaseatnocharg etothe citysince1996.TheAugustaCommissionhasabated propertytaxesforthispropertyforthepastteny ears. Analysis:ThedonationbyJLOGroupforuseofthebuildingh assaved thecostofconstructionofafacility,andprovide dafirst classfacilityfortheclubtoservethecommunity. FinancialImpact:Theabatementof2007taxeswouldbe$2721.75. Alternatives:1.Todeny,leavingtheAugustaBoxingClubwithout a facility.2.Toapprove. Recommendation:#2-toapprove. Fundsare Availableinthe Following Accounts: N/A REVIEWEDANDAPPROVEDBY : Finance. Administrator. Cover Memo Item # 40 ClerkofCommission Cover Memo Item # 40 CommissionMeetingAgenda 10/16/20072:00PM Consideradjusting2007taxbilltoreflectS-4exem ption Department:TaxCommissioner caption2:Motionto approveallowingthetaxpayerthebenefitofanS- 4homesteadexemption,notawardedduetoillness;Map34- 1,Parcel508;MarthaBalk.(ApprovedbyFinance CommitteeOctober8,2007) Background:Thistaxpayerhashadsomephysicalproblemsthatl edto theirinabilitytofileforaschoolanddoubleexe mption duringtherequiredfilingperiod(seeattachedlet ter). Analysis:N/A FinancialImpact:$1,329.53isthedifferencebetweenthecurrentamo untdue (noexemption)andtheamountthatwouldbepaidif this requestisfavorablyconsidered. Alternatives:Allowreliefinanotheramount. Recommendation:Inthisinstance,itwouldberecommendedthatfavo rable considerationbegiven. Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : Finance. Administrator. Cover Memo Item # 41 ClerkofCommission Cover Memo Item # 41 Attachment number 1 Page 1 of 1 Item # 41 CommissionMeetingAgenda 10/16/20072:00PM Coroner'sOffice Department:FinanceDepartment,FleetManagementDivision caption2:Motionto approvethepurchaseofoneExplorerforthe Coroner'sOfficefor$20,733.00(Lowestbidoffero nbid06- 183).(ApprovedbyFinanceCommitteeOctober8,2007) Background:TheCoroner'sOfficerequeststheacquisitionof1 Explorer (4X2)toreplacea2000yearmodelExplorer(Asset #: 994421-pleaseseevehicleevaluationsheetattache d)which hadbeenturnedinbyPublicServicesDepartmentan d reassignedtotheCorner'sOfficefortheDeputyCo roner. TheCoronerhasrequestedthereplacementofthe8 yearold vehicle.Ifapprovedthevehiclewillnotbeavail ableuntil lateJanuaryorFebruaryduetoFordmanufacturing schedule.Theturnedinvehiclewillbereassign edto InformationTechnologytoreplacea1996,Jimmyuse dby theInformationTechnology,SystemsAdministratorf or Radio'sandMobileDataTerminals. Analysis:FleetManagementsubmittedarequestforbidsthrou ghthe ProcurementDepartmentusingtheDemandStarelectr onic bidsystemwhichoffersnationwidecoverage.The ProcurementDepartmentreceivedonlyonebid,Bobby Jones Fordfor$20,733.00 FinancialImpact:FundsareavailableintheCoronersCapitalOutlay Account forthepurchaseofthevehicle. Alternatives:1.Disapprovetherequest. Recommendation:ApprovethepurchaseofoneFordExplorerfortheC oroner's OfficefromBobbyJonesFordfor$20,733.00 Fundsare Cover Memo Item # 42 Availableinthe Following Accounts: 101-03-6110/54.221110 REVIEWEDANDAPPROVEDBY : Finance. Administrator. ClerkofCommission Cover Memo Item # 42 Asset #: estimated: Age: Mi/Hr Type of Service Reliability Maint/Repair Condition: 8 9 3 2 RANGES Excellent Good Needs immediate consideration for replacement AUGUSTA, GEORGIA FINANCE DEPARTMENT-FLEET MANAGEMENT DIVISION REPLACEMENT CRITERIA FORM Department Name: Department Number Date: 994421 Coroner's Office 101-03-6110 18-Sep-07 Vehicle Description: Assigned Use: Signature of Director/Elected Official Provide transportation to Deputy Coroner with appropriate supplies, material and equipment for on site investigations and evidence collections Actual Age: Current miles/hours: Purchase Price: 8 93,045 $22,422.00 Life Expectancy Criteria Requirements -(Policy Evaluation) 32 Evaluation Points: 27 Policy Evaluation Results: Qualifies for Replacement Fleet Managers Recommendation: Finance Director's Approval Replace vehicle for Coroner in 2008 use this vehicle in less critical role. Replacement Date: Fiscal Year Replacement: 2008February 2008 Estimated Replacement Cost: Funding Source: 18 to 22 Points $20,733.00 101-03-6110/54.22110 Qualifies for Replacement Under 18 Points 23 to 27 Points 28 Points or more Attachment number 1 Page 1 of 1 Item # 42 2008 FORD EXPLORER BID 06-183 Bobby Jones Required Ford Items Year 2007 Brand Ford Delivery Date 120 Days 5.01 Model -4x2 - 4.0L Explorer XLT Price $18,728.00 5.01 $18,728.00 5.02 Model --4x4 - 4.0L Explorer XLT Price $21,191.00 5.03 Model - 4x4 - 4.5L Explorer XLT Price $22,305.00 5.04 Trailer Towing Package 195.00 5.04 195.00 6.00 OUTFITTER'S SPECIALTY ITEMS 6.01 Fire Extinguisher 38.00 6.01 38.00 6.02 Three Plug Outlet Receptacle 43.00 6.02 43.00 6.03 Portable Spot Light 60.00 6.03 60.00 6.04 Class III Trailer Hitch 140.00 6.04 140.00 6.05 Trailer Wiring 30.00 6.05 30.00 7.00 ALERT WARNING SYSTEMS 7.01 Top Light Bar-LL288000 1,570.00 7.02 Six Control Power W/Console 85.00 7.02 85.00 7.03 Corner Lighting 165.00 7.03 165.00 7.04 Siren/Speaker 410.00 7.04 410.00 7.05 Six outlet 80 watt Power Supply 165.00 7.05 165.00 7.06 Dual Dash LED Light 290.00 7.06 290.00 7.07 Dual LED Rear Deck Light 333.00 7.07 333.00 7.08 Pro Copper Console 265.00 7.09 Toggle Switches-2 11.00 7.09 11.00 7.10 Backup Alarm 40.00 7.10 40.00 7.11 Magnetic Strobe Light 87.00 7.12 Dual Strobe Light 260.00 Total $20,733.00 FOR ALL DEPARTMENTS-113" WHEELBASE SUV - BID OPENING NOVEMBER 3 @ 11:00 Attachment number 2 Page 1 of 1 Item # 42 CommissionMeetingAgenda 10/16/20072:00PM EMAFloodHazardMitigationGrant Department:Finance caption2:Motionto approveestablishingabudgetforEMAFlood HazardMitigationGrantfundedfromcontingencyfun ds. (ApprovedbyFinanceCommitteeOctober8,2007) Background:TheFloodHazardMitigationGrantprovidesforthe buyout ofrepetitivelosshomeslocatedwithinthefloodpl ainin Augusta,Ga.Thisgrantis75%fundedbyFEMAand requiresa25%localmatch.Duetochangeinperson nel, moniespreviouslyapprovedandearmarkedforthelo cal matchwereinadvertentlyclosedtofundbalancein aprior year. Analysis:Transfer$15,000requiredlocalmatchfromGFfund balance toFloodHazardMitigationGrantaccount.Thisgran twillbe expensedandclosedyearend2007. FinancialImpact:Reducefundbalanceby$15,000previouslyapproved for grant'slocalmatchingfunds. Alternatives:(1)Approve(2)Disapprove Recommendation:Approvetransfer Fundsare Availableinthe Following Accounts: 101FundBalance REVIEWEDANDAPPROVEDBY : Cover Memo Item # 43 Finance. Administrator. ClerkofCommission Cover Memo Item # 43 CommissionMeetingAgenda 10/16/20072:00PM GreaterLoveBaptistChurch Department:ClerkofCommission caption2:Motionto approvearequestforabatementof2007taxes fromGreaterLoveBaptistChurch.(ApprovedbyFinance CommitteeOctober8,2007) Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 44 Attachment number 1 Page 1 of 3 Item # 44 Attachment number 1 Page 2 of 3 Item # 44 Attachment number 1 Page 3 of 3 Item # 44 CommissionMeetingAgenda 10/16/20072:00PM HaroldRhodes,Sr. Department:ClerkofCommission caption2:Motionto approvearequestfromMr.HaroldE.Rhodes,Sr. regardingtaxreliefonburnedbuilding.(No recommendationfromFinanceCommitteeOctober8, 2007) Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 45 Attachment number 1 Page 1 of 1 Item # 45 CommissionMeetingAgenda 10/16/20072:00PM HealthandDentalInsuranceRenewalfor2008 Department:ClerkofCommission caption2:ConsiderrecommendationsfromtheAdministratorreg arding theHealth&DentalInsuranceRenewalfor2008.(No recommednationfromFinanceCommitteeOctober8, 2007) Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 46 Attachment number 1 Page 1 of 3 Item # 46 Attachment number 1 Page 2 of 3 Item # 46 Attachment number 1 Page 3 of 3 Item # 46 Attachment number 2 Page 1 of 8 Item # 46 Attachment number 2 Page 2 of 8 Item # 46 Attachment number 2 Page 3 of 8 Item # 46 Attachment number 2 Page 4 of 8 Item # 46 Attachment number 2 Page 5 of 8 Item # 46 Attachment number 2 Page 6 of 8 Item # 46 Attachment number 2 Page 7 of 8 Item # 46 Attachment number 2 Page 8 of 8 Item # 46 CommissionMeetingAgenda 10/16/20072:00PM OctoberRefundRequest Department: caption2:Motionto approve refundrecommendationsfromtheBoard ofAssessorsforfive(5)accounts.(ApprovedbyFinance CommitteeOctober8,2007) Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : Finance. Administrator. ClerkofCommission Cover Memo Item # 47 October 2007 REFUNDS Attachment page 1 of 1 Buchwitz, Robert J. Map 228, Parcel 3.17 Parcel was added in 2004 as a parking lot when it should have been a common area. Pricing was corrected to reflect correct use. Grant refund for 2004 and 2005 in the total amount of $394.67 (State $3.53, County $112.40, School $278.74). Cheeks, Donald Map 46-4, Parcel 703 The value on this parcel was changed from $10,019 to $100 for 2005 due to an issue concerning clear title. It was purchased through a Sheriff’s Deed. The value was based on Rights of Prescription and ability to sale. Title was defective based on research by the County Attorney. Grant refund for 2005 in the total amount of $136.90 (State $0.99, County $29.86; School $73.90; Urban $32.15). Harris, Claude L. Sr. Map 6, Parcel 256 Corrected errors related to property characteristics for years 2005, 2006 and 2007. Grant refund for years 2005 and 2006 in the total amount of $237.07 (State $2.10, County $79.35, School $155.62). Hatch, Courtney H. Map 17, Parcel 29.04 An adjustment was placed on the land value to compensate for condemnation. This adjustment was removed in error. The adjustment was re-instated on the property to correct the error. Grant refund for 2005 in the total amount of $1,574.93 (State $14.16, County $495.32, School $1,065.45). Price, Kenneth E. Estate Map 276, Parcel 3.01 There was a pool placed on this parcel in error in 2004. Grant refund for 2004 and 2005 in the total amount of $236.99 (State $2.69, County $82.77, School $151.53). Attachment number 1 Page 1 of 1 Item # 47 CommissionMeetingAgenda 10/16/20072:00PM SaleorSalvageofSixTrailersonthe"SmithCemet eryRoadProperty" Department: caption2:Motiontoapprovethesaleofsixtrailersfor$20 0.00each. (ApprovedbyFinanceCommitteeOctober8,2007) Background:OnApril3,2007,theCitypurchasedthe"SmithCem etery RoadProperty"for$250,000.00,whichincludedsix trailers. Alistofthetrailers'make,yearandVIN,isatta chedalong withamapshowingthecurrentlocationofthetrai lers. Analysis:AtthetimetheCitypurchasedthepropertyfromG.Eddie FairclothandDarlynG.Faircloth,theCityagreed notto immediatelydisplacethetenantsofthosetrailers.Therefore, theCitypurchasedthelandwiththetrailersandG .Eddie Fairclothcontinuedtoassistwiththecollectiono frentsand backrents.Subsequently,allofthetenantshavem ovedor beendispossed.Sincethetimethepropertieswerev acated, vandalshavesignificantlydamagedtheunits.G.Ed die Fairclothhasofferedtobuythetrailersfor$200.00pertrailer andremovethemattheircosts.Thesetrailersmust be removedinorderfortheCitytoproceedwithitsu seofthe "CemeteryRoadProperty".OCGASection36-37-6(b) authorizesthesaleofmunicipalpropertyontheop enmarket, withoutadvertisementandwithoutbidswherethepr opertyis worth$500.00orless. FinancialImpact:TheCitywouldreceive$200.00foreachofthetrai lers. Alternatives:Eitherapproveordenythemotiontosellthetrail ers. Recommendation:Sellthetrailerstotheofferor,G.EddieFairclot hfor$200.00 each. Cover Memo Item # 48 Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : Administrator. ClerkofCommission Cover Memo Item # 48 Attachment number 1 Page 1 of 1 Item # 48 Attachment number 1 Page 1 of 1 Item # 48 CommissionMeetingAgenda 10/16/20072:00PM TrafficEngineeringBucketTruck Department:FinanceDepartment,FleetManagementDivision caption2:Motionto approvethepurchaseofoneaerialbuckettruck forTrafficEngineeringfromAltecIndustries,Inc .,of Elizabethtown,Kentucky,for$87,088.00(Lowestbi doffer onbid07-149A).(ApprovedbyFinanceCommittee October8,2007) Background:TheTrafficEngineeringDivisionisresponsiblefo rthe routinerepairandmaintenanceofalltrafficdirec tional equipmentthroughoutthecityandcountyaswellas emergencyresponserepairs.ThisDivisionhasopera tedwith only4buckettruckssinceconsolidation.Twoofth etrucks are11yearsold,oneis10yearsoldandthenewes ttruckis8 yearsold.Augustacontinuestodevelopandthe numberof lightedintersectionsincreasesatasteadypace.I norderto keeppacewiththecontinuedgrowthanddevelopment of Augustaadditionalresourcesarerequired. Analysis:FleetManagementsubmittedarequestforbidsthrou ghthe ProcurementDepartmentutilizingtheDemandStar electronicbidsystem,whichoffersnationwidebid coverage. TheProcurementDepartmentreceivedquotesbackfro m5 vendors(seeattachedtabsheet).AltecIndustries,Inc.was thelowbidmeetingallbidspecifications. FinancialImpact:ThetruckwillbepurchasedfromGeneralFundCapit al accountfor$87,088.00usingtheGMAleasingprogra mover 5years(annualpremiumis$$17,417.60-eachyearf or5 years. Alternatives:1.Donotpurchasethetruck. Recommendation: Aprovethepurchaseofoneaerialbuckettruckfor the Cover Memo Item # 49 EngineeringDepartment,TrafficEngineeringDivison for $87,088.00fromAltecIndustries Fundsare Availableinthe Following Accounts: 631-00-0000-19114 REVIEWEDANDAPPROVEDBY : Finance. Procurement. Administrator. ClerkofCommission Cover Memo Item # 49 HY D R A U L I C A L L Y O P E R A T E D A E R I A L B U C K E T T R U C K Bi d 0 7 - 1 4 9 A A l t e c A r m L i f t O . G . H u g h e s P e a c h S t a t e T e r e x E a s t In d u s t r i e s In c o r p o r a t e d Fo r d T r u c k s Ut i l i t i e s Ye a r 20 0 8 2 0 0 8 2 0 0 7 2 0 0 8 2 0 0 7 Br a n d Al t e c F o r d / A r m l i f t T i m e / V e r s a l i f t V e r s a l i f t T e r e x - T e l e l e c t Mo d e l AT 3 7 - G T K 4 6 S S T - 3 7 E I H S S T 3 7 / 4 0 L T 3 8 De l i v e r y 27 0 D a y s 1 8 0 D a y s 1 8 0 D a y s 1 8 0 D a y s 2 7 0 D a y s Bi d P r i c e $8 2 , 7 8 8 . 0 0 $ 8 3 , 1 8 3 . 0 0 $ 8 0 , 7 9 4 . 0 0 $ 8 3 , 6 8 2 . 0 0 $ 9 0 , 0 5 2 . 0 0 11 . 0 0 O p t i o n a l I t e m s 11 . 0 1 W i n c h 2, 1 0 0 . 0 0 3 , 4 5 5 . 0 0 2 , 3 1 1 . 0 0 2 , 3 1 1 . 0 0 3 , 7 6 4 . 0 0 11 . 0 2 I n v e r t e r 1, 3 0 0 . 0 0 1 , 2 5 0 . 0 0 1 , 6 6 9 . 0 0 1 , 6 6 9 . 0 0 1 , 3 9 3 . 0 0 11 . 0 3 H y d D r i l l K i t 90 0 . 0 0 1 , 2 9 5 . 0 0 9 4 8 . 0 0 9 4 8 . 0 0 9 2 8 . 0 0 To t a l B i d $8 7 , 0 8 8 . 0 0 $8 9 , 1 8 3 . 0 0 $ 8 5 , 7 2 2 . 0 0 $ 8 8 , 6 1 0 . 0 0 $ 9 6 , 1 3 7 . 0 0 Bi d d e r F a i l e d t o m e e t B i d d e r F a i l e d t o m e e t sp e c i f i c a t i o n 7 . 0 8 sp e c i f i c a t i o n 7 . 0 8 P/ S - T R A F F I C E N G I N E E R I N G - A E R I A L B U C K E T T R U C K - B I D O P E N I N G A U G U ST 2 3 , 2 0 0 7 @ 1 1 : 0 0 Attachment number 1 Page 1 of 1 Item # 49 CommissionMeetingAgenda 10/16/20072:00PM ApproveJointFundingAgreementbetweenUtilitiesa ndUSGS#2 Department:Utilities caption2:ApproveJointFundingAgreementbetweenUtilitiesa nd USGSforgroundwatermonitoring. Background:Lastyear,AUDandtheUnitedStatesGeologicalSur vey (USGS)mettodiscusswaystoworktogetherto cooperativelyfundprojectsthatwouldhavemutual benefits andbeofmutualinteresttobothofouragencies.In2006, AUDandUSGSjointlyfundedagroundwatermonitorin g project,whichwewouldliketoexpandandextendt hrough 2007-2008.PertheproposalsubmittedfromUSGS,t hey wouldprovide$33,750offundingandAUDwouldprov ide $33,750offundingtoestablishtwogroundwatermon itoring sitesaroundourplant2andplant3wellfields.O ne additionalsitewasestablishedin2006.Thiswoul dprovide groundwaterdepthdatawhichwillbenefitourlong-term waterresourceplanningwhileprovidingUSGSwith potentiallyvaluableinformationfortheirtrendan alysisand predictivemodelingtools.Inaddition,USGSwill periodicallytestthewellsforTCEcontaminationw hichhas beenfoundinsomewellsintheplant1and2wellf ields.As mentioned,AUDandtherefore’scontributionwould be $33,750towardsthisworthwhilegoal. Analysis:PertheproposalsubmittedfromUSGS,theywouldes tablish twogroundwatermonitoringsitesaroundourplant2 and plant3wellfields. FinancialImpact:$33,750from507043410-54252110/80700025-542525110 Alternatives:None. Recommendation: ApproveJointFundingAgreementbetweenUtilitiesa nd Cover Memo Item # 50 USGSforgroundwatermonitoring. Fundsare Availableinthe Following Accounts: $33,750from507043410-54252110/80700025-542525110 REVIEWEDANDAPPROVEDBY : Finance. Procurement. Administrator. ClerkofCommission Cover Memo Item # 50 Attachment number 1 Page 1 of 6 Item # 50 Attachment number 1 Page 2 of 6 Item # 50 Attachment number 1 Page 3 of 6 Item # 50 Attachment number 1 Page 4 of 6 Item # 50 Attachment number 1 Page 5 of 6 Item # 50 Attachment number 1 Page 6 of 6 Item # 50 CommissionMeetingAgenda 10/16/20072:00PM AwardconstructioncontractforRae'sCreekTrunkS ewerReplacement Department: caption2:ApproveaconstructioncontracttoW.L.Hailey&Co mpany, Inc.,whosubmittedanapparentlowbidof$2,510,7 96.35to constructPhaseIV&VoftheRae’sCreekTrunkSew er Improvements. Background:TheRae’sCreekBasinisoneofthemostheavilypop ulated drainagebasinsintheCityofAugusta.Since1998 the UtilitiesDepartmenthassteadilyreplacedsections ofthe Rae’sCreekTrunkSewerbaseduponcapacityandconditi on. PhasesIV&Varethefinaltrunksewerreplacement sneeded intheRae’sCreekBasin.Increasingthesizeofthe line betweenWheelerRoadtoapointjustWestofJackso nRoad willprovidethecapacityneededforthecontinued developmentofWestAugusta. Analysis:W.L.Hailey&Company,Inc.hasperformedwellonse wer lineprojectsfortheAugustaUtilitiesDepartmenti nthepast. Acceptingthelowbidfromthiscontractorwillall owthe constructiontobeginonthisproject. FinancialImpact:Provide$2,510,796.35fromtheRevenueGeneratedFu nd (accountnumber507043420-5425210/80260112-5425210). Alternatives:Rejectthelowbidandre-advertise. Recommendation:Werecommendapprovingtheconstructioncontractwi th W.L.Hailey&Company,Inc.,whosubmittedaappare nt lowbidof$2,510,796.35toconstructtheRae'sCre ekTrunk SewerImprovementsPhaseIV&V. Fundsare Availableinthe Fundsareavailableinthefollowingaccounts:5070 43420- Cover Memo Item # 51 Following Accounts: 5425210/80260112-5425210. REVIEWEDANDAPPROVEDBY : Finance. Procurement. Administrator. ClerkofCommission Cover Memo Item # 51 Item # 51 CommissionMeetingAgenda 10/16/20072:00PM CambridgeSectionNine Department:EngineeringDepartment-AbieL.Ladson,P.E.,Direct or caption2:Approvethedeedsofdedication,maintenanceagreem ents, androadresolutionsubmittedbytheEngineering,a nd AugustaUtilitiesDepartmentsforCambridgeSubdivi sion, SectionNine. Background:ThefinalplatwasapprovedbytheCommissionon October 18,2005.Thesubdivisiondesignandplat,includi ngthe stormdrainsystem,havebeenreviewedandaccepted byour engineeringstaffandtheconstructionhasbeenrev iewedby ourinspectors.TheUtilitiesDepartmenthasinspec tedand reviewedthewaterandsanitarysewerinstallations ,and herebyrequestsacceptanceoftheutilitydeedand maintenanceagreementofsame. Analysis:Thissectionmeetsallcodes,ordinancesandstanda rds.There arenowetlandsor100-yearfloodplainboundaries involved inthissection.Acceptanceofsaidutilitydeedsh alldedicate, asrequired,thewaterandsanitarysewermainsalo ngwith theapplicableeasementstoAugusta,Georgia,foro peration andmaintenance. FinancialImpact:Byacceptingthisroad,waterandsanitarysewerin stallations intotheCountysystemandafterthe18-monthmaint enance warrantybythedeveloper/contractorhasexpired,a llfuture maintenanceandassociatedcostswillbebornebyA ugusta, Georgia.Byacceptanceoftheutilitydeedandmain tenance agreement,positiverevenuewillbegeneratedfrom thesale ofwaterandsanitarysewertapsandmonthlybillin gofsame. Alternatives:1.Approvethedeedsofdedication,maintenanceagr eements, androadresolutionsubmittedbytheEngineering,a nd AugustaUtilitiesDepartmentsforCambridgeSubdivi sion, SectionNine.2.Donotapproveandrisklitigation . Cover Memo Item # 52 Recommendation:ApproveAlternativeNumberOne. Fundsare Availableinthe Following Accounts: Notrequiredatthistime. REVIEWEDANDAPPROVEDBY : Administrator. ClerkofCommission Cover Memo Item # 52 Attachment number 1 Page 1 of 1 Item # 52 Attachment number 2 Page 1 of 1 Item # 52 Attachment number 3 Page 1 of 1 Item # 52 Attachment number 3 Page 1 of 1 Item # 52 Attachment number 4 Page 1 of 1 Item # 52 Attachment number 4 Page 1 of 1 Item # 52 Attachment number 5 Page 1 of 1 Item # 52 Attachment number 6 Page 1 of 1 Item # 52 Attachment number 6 Page 1 of 1 Item # 52 Attachment number 6 Page 1 of 1 Item # 52 Attachment number 6 Page 1 of 1 Item # 52 Attachment number 7 Page 1 of 1 Item # 52 Attachment number 7 Page 1 of 1 Item # 52 CommissionMeetingAgenda 10/16/20072:00PM CambridgeSectionTen Department:EngineeringDepartment-AbieL.Ladson,Director caption2:Approvethedeedsofdedication,maintenanceagreem ents, androadresolutionssubmittedbytheEngineering,and AugustaUtilitiesDepartmentsforCambridgeSubdivi sion, SectionTen. Background:ThefinalplatwasapprovedbytheCommissionon April 19,2005.Thesubdivisiondesignandplat,includi ngthe stormdrainsystem,havebeenreviewedandaccepted byour engineeringstaffandtheconstructionhasbeenrev iewedby ourinspectors.TheUtilitiesDepartmenthasinspe ctedand reviewedthewaterandsanitarysewerinstallations ,and herebyrequestsacceptanceoftheutilitydeedand maintenanceagreementofsame. Analysis:Thissectionmeetsallcodes,ordinancesandstanda rds.There arenowetlandsor100-yearfloodplainboundaries involved inthissection.Acceptanceofsaidutilitydeedsh alldedicate, asrequired,thewaterandsanitarysewermainsalo ngwith theapplicableeasementstoAugusta,Georgia,foro peration andmaintenance. FinancialImpact:Byacceptingtheseroads,waterandsanitarysewer installationsintotheCountysystemandafterthe 18-month maintenancewarrantybythedeveloper/contractorha s expired,allfuturemaintenanceandassociatedcost swillbe bornebyAugusta,Georgia.Byacceptanceoftheuti litydeed andmaintenanceagreement,positiverevenuewillbe generatedfromthesaleofwaterandsanitarysewer tapsand monthlybillingofsame. Alternatives:1.Approvethedeedsofdedication,maintenanceagr eements, androadresolutionssubmittedbytheEngineering,and AugustaUtilitiesDepartmentsforCambridgeSubdivi sion, Cover Memo Item # 53 SectionTen.2.Donotapproveandrisklitigation. Recommendation:ApproveAlternativeNumberOne. Fundsare Availableinthe Following Accounts: Notrequiredatthistime. REVIEWEDANDAPPROVEDBY : Administrator. ClerkofCommission Cover Memo Item # 53 Attachment number 1 Page 1 of 1 Item # 53 Attachment number 2 Page 1 of 1 Item # 53 Attachment number 3 Page 1 of 1 Item # 53 Attachment number 3 Page 1 of 1 Item # 53 Attachment number 4 Page 1 of 1 Item # 53 Attachment number 4 Page 1 of 1 Item # 53 Attachment number 5 Page 1 of 1 Item # 53 Attachment number 5 Page 1 of 1 Item # 53 Attachment number 6 Page 1 of 1 Item # 53 Attachment number 6 Page 1 of 1 Item # 53 Attachment number 6 Page 1 of 1 Item # 53 Attachment number 6 Page 1 of 1 Item # 53 Attachment number 7 Page 1 of 1 Item # 53 Attachment number 7 Page 1 of 1 Item # 53 CommissionMeetingAgenda 10/16/20072:00PM CambridgeSubdivision,SectionSix,PhaseTwo Department:EngineeringDepartment-AbieL.Ladson,P.E.,Interi m Director caption2:Approvethedeedsofdedication,maintenanceagreem ents, androadresolutionsubmittedbytheEngineering,a nd AugustaUtilitiesDepartmentsforCambridgeSubdivi sion, SectionSix,PhaseTwo. Background:ThefinalplatwasapprovedbytheCommissionon March 15,2005.Thesubdivisiondesignandplat,includi ngthe stormdrainsystem,havebeenreviewedandaccepted byour engineeringstaffandtheconstructionhasbeenrev iewedby ourinspectors.TheUtilitiesDepartmenthasinspec tedand reviewedthewaterandsanitarysewerinstallations ,and herebyrequestsacceptanceoftheutilitydeedand maintenanceagreementofsame. Analysis:Thissectionmeetsallcodes,ordinancesandstanda rds.There arenowetlandsor100-yearfloodplainboundaries involved inthissection.Acceptanceofsaidutilitydeedsh alldedicate, asrequired,thewaterandsanitarysewermainsalo ngwith theapplicableeasementstoAugusta,Georgia,foro peration andmaintenance. FinancialImpact:Byacceptingthisroad,waterandsanitarysewerin stallations intotheCountysystemandafterthe18-monthmaint enance warrantybythedeveloper/contractorhasexpired,a llfuture maintenanceandassociatedcostswillbebornebyA ugusta, Georgia.Byacceptanceoftheutilitydeedandmain tenance agreement,positiverevenuewillbegeneratedfrom thesale ofwaterandsanitarysewertapsandmonthlybillin gofsame. Alternatives:1.Approvethedeedsofdedication,maintenanceagr eements, androadresolutionsubmittedbytheEngineering,a nd AugustaUtilitiesDepartmentsforCambridgeSubdivi sion, Cover Memo Item # 54 SectionSix,PhaseTwo.2.Donotapproveandrisk litigation. Recommendation:ApproveAlternativeNumberOne. Fundsare Availableinthe Following Accounts: Notrequiredatthistime. REVIEWEDANDAPPROVEDBY : Administrator. ClerkofCommission Cover Memo Item # 54 Attachment number 1 Page 1 of 1 Item # 54 Attachment number 2 Page 1 of 1 Item # 54 Attachment number 2 Page 1 of 1 Item # 54 Attachment number 3 Page 1 of 1 Item # 54 Attachment number 3 Page 1 of 1 Item # 54 Attachment number 4 Page 1 of 1 Item # 54 Attachment number 4 Page 1 of 1 Item # 54 Attachment number 4 Page 1 of 1 Item # 54 Attachment number 4 Page 1 of 1 Item # 54 Attachment number 5 Page 1 of 1 Item # 54 Attachment number 5 Page 1 of 1 Item # 54 Attachment number 6 Page 1 of 1 Item # 54 Attachment number 7 Page 1 of 1 Item # 54 CommissionMeetingAgenda 10/16/20072:00PM Condemnation-Brua Department:CountyAttorney-StephenE.Shepard,Attorney caption2:Motiontoauthorizecondemnationofaportionofpr operty #054-0-062-10-01725WyldsRoad,whichisownedby DennisBrua,careofCheriB.Bomar,for21,229squ arefeet ofpermanenteasementand11,288squarefeetoftem porary easement.AUDProject:10151-630WaterMain,Phase 2. Background:Theappraisedvalueoftheeasementis$10,569.00.Dueto extendednegotiationattemptsandnoresponsefrom the propertyowner/managerregardingthemostrecentof fer,itis necessarytopursuecondemnation. Analysis:Condemnationisrequiredinordertoacquiretheea sement. FinancialImpact:Thenecessarycostswillbecoveredbytheprojectb udget. Alternatives:Denytheauthorizationtocondemn. Recommendation:Approvetheauthorizationtocondemn. Fundsare Availableinthe Following Accounts: G/L511043410-5411120J/L80310151-5411120 REVIEWEDANDAPPROVEDBY : Administrator. ClerkofCommission Cover Memo Item # 55 Cover Memo Item # 55 Attachment number 1 Page 1 of 1 Item # 55 CommissionMeetingAgenda 10/16/20072:00PM Condemnation-Joyner Department:CountyAttorney-StephenE.Shepard,Attorney caption2:Motiontoauthorizecondemnationofaportionofpr operty# 140-0-717-00-03977CrestDrive,whichisownedby Phillip R.JoynerandBessieJoyner,for4,366sq.feetof permanent easementand2,136sq.feetoftemporaryconstructi on easement.AUDproject:50202-HorsepenSanitarySe wer, Phase2. Background:Theappraisedvalueoftheeasementis$1,438.00.The appraisedvalueofthecompensationforthe damage/destructionofsodis$1,626.00.Duetounsu ccessful negotiationwiththepropertyowners,itisnecessa ryto pursuecondemnation. Analysis:Condemnationisrequiredinordertoaquiretheeas ement. FinancialImpact:Thenecessarycostswillbecoveredbyprojectbudj et. Alternatives:Denytheauthorizationtocondemn. Recommendation:Approvetheauthorizationtocondemn. Fundsare Availableinthe Following Accounts: G/L510043420-5411120J/L80250202-5411120 REVIEWEDANDAPPROVEDBY : Administrator. Cover Memo Item # 56 ClerkofCommission Cover Memo Item # 56 Attachment number 1 Page 1 of 1 Item # 56 CommissionMeetingAgenda 10/16/20072:00PM Condemnation-MichaelJones Department:CountyAttorney-StephenE.Shepard caption2:Motiontoauthorizecondemnationofaportionofpr operty# 139-0-287-00-03846NewKarleenRoad,whichisowne dby MichaelJones,for1,999sq.feetofpermanantease mentand 999sq.feetoftemporaryeasement.AUDproject:5 0202- HorsepenSanitarySewer,Phase2. Background:Theappraisedvalueoftheeasementis$525.00.Du etoa failuretonegotiateanagreement,proceedwith condemnation. Analysis:Condemnationisrequiredinordertoaquiretheeas ement. FinancialImpact:Thenecessarycostswillbecoveredbyprojectbudg et. Alternatives:Denytheauthorizationtocondemn. Recommendation:Approvetheauthorizationtocondemn. Fundsare Availableinthe Following Accounts: G/L510043420-5411120J/L80250202-5411120 REVIEWEDANDAPPROVEDBY : Administrator. ClerkofCommission Cover Memo Item # 57 Item # 57 Item # 57 CommissionMeetingAgenda 10/16/20072:00PM Condemnation-WyldsRoadPartners,LLC Department:CountyAttorney-StephenE.Shepard,Attorney caption2:Motiontoauthorizecondemnationofaportionofpr operty #054-0-064-00-01810WyldsRoad,whichisownedby WyldsRoadPartners,LLC,careofHockDevelopment Company,for11,084squarefeetofpermanenteaseme ntand 11,258squarefeetoftemporaryeasement.AUDProj ect: 10151-630WaterMainPhase2. Background:Theappraisedvaluefotheeasementis$6,001.00.Dueto failednegotiationswiththepropertyowner/manager ,itis necessarytopursuecondemnation. Analysis:Condemnationisrequiredinordertoacquiretheea sement. FinancialImpact:Thenecessarycostwillbecoveredbytheprojectb udget. Alternatives:Denytheauthorizationtocondemn. Recommendation:Approvetheauthorizationtocondemn. Fundsare Availableinthe Following Accounts: G/L511043410-5411120J/L80310151-5411120 REVIEWEDANDAPPROVEDBY : Administrator. ClerkofCommission Cover Memo Item # 58 Cover Memo Item # 58 Attachment number 1 Page 1 of 1 Item # 58 CommissionMeetingAgenda 10/16/20072:00PM EllisStreetStudy Department: caption2:Motionto approve theexpansionoftheEllisStreetStudy. (RequestedbyCommissionerAndyCheek) Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 59 CommissionMeetingAgenda 10/16/20072:00PM EllisStreetSurvey Department: caption2:DiscussaddingutilitysurveyforEllisand7thstr eetstothe existingBroadStreetSurvey.(RequestedbyCommissioner AndyCheek) Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 60 CommissionMeetingAgenda 10/16/20072:00PM LymanDoverFunding Department:ClerkofCommission caption2:ReportfromtheAdministratorregardingtheidentif icationof afundingsourceforsidewalk/streetlightimprovem entsfor theLyman/DoverProject.(ReferredfromSeptember24 EngineeringServices) Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 61 Attachment number 1 Page 1 of 2 Item # 61 Attachment number 1 Page 2 of 2 Item # 61 CommissionMeetingAgenda 10/16/20072:00PM Ratifyfundingintheamountof$72,152.91toFlowm oreServicesandBlairConstructionforthe emergencylinepiggingefforttosupplyFortGordon withwater. Department:Utilities caption2:Ratifyfundingintheamountof$72,152.91toFlowm ore ServicesandBlairConstructionfortheemergencyl ine piggingefforttosupplyFortGordonwithwater. Background:ThemunicipalservicesplanforFortGordonpropose d utilizingAugustaUtilitiestoprovideFortGordon with municipalwaterandsewerservice.Thatservicein cludesan interconnectiontothefinishedwatersupplylineo nthebase. Aspartofthefirstconnectioncontract,asection ofcastiron waterlinethathadnotbeeninserviceforapproxi mately twentyyearswasrequiredtobecleaned.Thelineh adtobe cleanedonanemergencybasissoasnottoimpedet he flushingandsterilizationofthenewlineconnecti on.AUD contactedFlowmoreservicesof,toruncleaning“p igs” throughthecastironline,andBlairConstruction toprovide supportservicesassociatedwithenteringandexiti ngthe line.TheworkwasperformedinearlyJune,2007. Analysis:Flowmoreservicescleanedthelinebypipeline“pig ging” andBlairconstructioninstalledentryandexitpoi ntsforthe linecleaning.Thelinewascleanedandputintose rvice followingthiseffort. FinancialImpact:Fundsareavailablefromthe2004bondfund5070434 10- 5425110/80310801-5425110.$36,789forFlomoreand $35,363.91forBlairConstruction. Alternatives:None. Cover Memo Item # 62 Recommendation:Werecommendratifingfundingintheamountof$72,152.91 toFlowmoreServicesandBlairConstructionforthe emergencylinepiggingefforttosupplyFortGordon with water. Fundsare Availableinthe Following Accounts: Fundsareavailablefromthe2004bondfund5070434 10- 5425110/80310801-5425110.$36,789forFlomoreand $35,363.91forBlairConstruction. REVIEWEDANDAPPROVEDBY : Finance. Procurement. Administrator. ClerkofCommission Cover Memo Item # 62 Attachment number 1 Page 1 of 3 Item # 62 Attachment number 1 Page 2 of 3 Item # 62 Attachment number 1 Page 3 of 3 Item # 62 Attachment number 2 Page 1 of 12 Item # 62 Attachment number 2 Page 2 of 12 Item # 62 Attachment number 2 Page 3 of 12 Item # 62 Attachment number 2 Page 4 of 12 Item # 62 Attachment number 2 Page 5 of 12 Item # 62 Attachment number 2 Page 6 of 12 Item # 62 Attachment number 2 Page 7 of 12 Item # 62 Attachment number 2 Page 8 of 12 Item # 62 Attachment number 2 Page 9 of 12 Item # 62 Attachment number 2 Page 10 of 12 Item # 62 Attachment number 2 Page 11 of 12 Item # 62 Attachment number 2 Page 12 of 12 Item # 62 CommissionMeetingAgenda 10/16/20072:00PM Requestcost-shareapprovalforconstructionservic eswithMr.JerryGreenwayforoff-site sanitarysewermainconstructionthroughtheOrchar dSubdivision. Department:Utilities caption2:Approvecost-shareagreementforconstructionintheamount of$34,306.00toMr.JerryGreenwayfortheoff-sit esanitary sewerextensionprojectintheOrchardSubdivision. Background:TheOrchardsubdivisionoff-sitesewerprojectisl ocatedin thevicinityofBrownRd.andDuncanDr.inAugusta RichmondCounty,Georgia.Mr.Greenwayisfinancing the designandconstructionofthesubdivision,andoff -site sewer.Theutilitiesdepartmentrecommendsthecost -shareof theoff-sitesewerfortheprojectbecauseitwill providean accesspointtotie-inanewsewermainthatwills erve propertiesalongBrownRd.andanewmiddleschool.The projectentailsapproximately900linearfeetofsa nitary sewerlinethatwillprovidethesubdivisionservic eandthe countywithaconnectionpointforfuturegrowth. Analysis:TheAUDcostforthescopeofworkdescribedis$34 ,306.00. Basedonprojectsofsimilarscope,AUDhasreviewe dthe costsanddeterminethisfeetobefairandreasona ble.By cost-sharingthisprojectwithMr.Greenwaythedev eloperof theOrchardSubdivisionbothpartiesbenefitandsh area reductioninprojectedcost. FinancialImpact:FinancialImpact:$34,306.00fromRenewalandExten sion Account. Alternatives:NoneGiven Recommendation:Werecommendapprovingthecost-shareagreementfor constructionfortheoff-sitesanitarysewerextensiontoallow serviceforthepropertiesofBrownRdandtheRCBO Enew Cover Memo Item # 63 middleschool. Fundsare Availableinthe Following Accounts: Fundsareavailableinthefollowingaccounts:507-04- 3420/54-252108070040/54-25210 REVIEWEDANDAPPROVEDBY : Finance. Procurement. Administrator. ClerkofCommission Cover Memo Item # 63 DE S C R I P T I O N U n i t U n i t P r i c e Q u a n t i t y T o t a l 8" P . V . C . S a n i t a r y S e w e r L F $ 2 5 . 6 0 8 2 1 2 1 , 0 1 8 $ 8" D . I . . S a n i t a r y S e w e r L F $ 3 9 . 2 0 2 0 3 7 , 9 5 8 $ Sa n i t a r y M a n h o l e E A $ 2 , 7 0 0 . 0 0 5 1 3 , 5 0 0 $ Ti e - i n E x i s t M a n h o l e E A $ 1 , 2 0 0 . 0 0 1 1 , 2 0 0 $ Cl e a r & G r u b AC $ 4 , 5 0 0 . 0 0 0 2 , 0 6 6 $ TO T A L 45 , 7 4 1 $ Re i m b u r s e m e n t t o J e r r y G r e e n w a y L u m p S u m $ 4 5 , 7 4 1 0 . 7 5 3 4 , 3 06 $ RE I M B U R S E M E N T B R E A K D O W N TH E O R C H A R D Co n t r a c t FO R OF F - S I T E S A N I T A R Y S E W E R Attachment number 1 Page 1 of 2 Item # 63 Attachment number 1 Page 2 of 2 Item # 63 CommissionMeetingAgenda 10/16/20072:00PM ScottNixonRoadwayRepair Department:Utilities caption2:ApprovepaymenttoReevesConstructionCompanyfor repairsmadeonScottNixonDriveinconjunctionwi ththe 12”waterlinebreak,intheamountof$43,825.41. Background:ReevesConstructionCompanyistheDOTcontractor that wastaskedwiththeconstructionoftheDavisRoad WideningprojectwhichprecludedtheI-20interchan ge project.OnJune6th,ofthisyearReeveswasper forming workinScottNixonatapointwherethelocationo fthe waterlinewasbelievedtobeoutofthepathofthe areaof work.However,thewaterlinewasinfactinthepat hofthe workbeingperformedandconsequentlywashit.The resultingdamagetothenewlyconstructedroadwayw as significantandresultedinatotalrepaircostonb ehalfof Reevesintheamountof$43,825.41. Analysis:Theamountofdamagetotheroadwaycausedbythe breakingofthe12”waterlinewasprimarilytheres ultofthe underminingofthesubsurfacematerial.Inorderto properly replacetheroadwaysubsurface,theasphalttopand basehad toberemovedandthesubsurfacematerialrestoredi n acceptablecompactedlayers.Consideringtheamount of roadwaythatwasdamagedasaresultofthiswaterl inebreak, AUDfeelsthatthecostcompensationrequestedbyR eevesis acceptable. FinancialImpact:FundsareavailableintheAUDrenewal&extension budget. Alternatives:NoneRecommended. Recommendation:ItisrecommendedtoapprovepaymenttoReeves ConstructionCompanyforrepairsmadeonScottNixo n Cover Memo Item # 64 Driveinconjunctionwiththe12”waterlinebreak,inthe amountof$43,825.41. Fundsare Availableinthe Following Accounts: $43,825.41inacct#507043410-5425110/80700065- 5425110 REVIEWEDANDAPPROVEDBY : Finance. Procurement. Administrator. ClerkofCommission Cover Memo Item # 64 Item # 64 CommissionMeetingAgenda 10/16/20072:00PM Siemens Department:ClerkofCommission caption2:PresentationbyMr.JimBodeofSiemensregardinga programtoimproveenergyefficiencyandLandfillg as revenue. Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 65 Attachment number 1 Page 1 of 1 Item # 65 CommissionMeetingAgenda 10/16/20072:00PM TyroneWilson-Treeremoval Department:ClerkofCommission caption2:PresentationbyMr.TyroneWilsonrequestingassist ance fromthecityregardingthedeterminationofowners hipofa treewhichislocatedonaneasementwhetheritbel ongsto thecityortheValleyParkAssociation. Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 66 Attachment number 1 Page 1 of 1 Item # 66 CommissionMeetingAgenda 10/16/20072:00PM Minutes Department: caption2:Motionto approvetheminutesoftheregularmeetingofthe CommissionheldOctober2,2007. Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 67 CommissionMeetingAgenda 10/16/20072:00PM AttorneysforLawDepartment Department: caption2:Motiontoaccept/approvetherecommendationsofthe Law StudySubcommitteetoappointMr.J.PopeLangstaff , GeneralCounselandMs.ChiquitaT.Johnson,Atttor neyI. Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 68 Attachment number 1 Page 1 of 5 Item # 68 Attachment number 1 Page 2 of 5 Item # 68 Attachment number 1 Page 3 of 5 Item # 68 Attachment number 1 Page 4 of 5 Item # 68 Attachment number 1 Page 5 of 5 Item # 68 CommissionMeetingAgenda 10/16/20072:00PM ARCProposed2008Budget Department: caption2:PresentationofAugusta-RichmondCounty2008Propos ed Budget. Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 69 CommissionMeetingAgenda 10/16/20072:00PM HydeParkSubcommitteeMeetingUpdate Department: caption2:ReceivearecommendationfromtheAdministratorreg arding theselectedcandidateforthepositionofHydePar kProject Director. Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 70 CommissionMeetingAgenda 10/16/20072:00PM GeorgiaGolfHallofFame Department: caption2:ApprovefinalMemorandumofUnderstanding (IntergovernmentalAgreement)betweentheGeorgiaG olf HallofFameAuthorityandAugusta,Georgia Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 71 Attachment number 1 Page 1 of 6 Item # 71 Attachment number 1 Page 2 of 6 Item # 71 Attachment number 1 Page 3 of 6 Item # 71 Attachment number 1 Page 4 of 6 Item # 71 Attachment number 1 Page 5 of 6 Item # 71 Attachment number 1 Page 6 of 6 Item # 71 CommissionMeetingAgenda 10/16/20072:00PM Thompsonetal.v.Augustamediation Department:CountyAttorney caption2:DiscussThompsonetal.v.Augustapostmediations tatus. Background:Discusspostmediationlitigationstatus. Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : Administrator. ClerkofCommission Cover Memo Item # 72 CommissionMeetingAgenda 10/16/20072:00PM RescheduletheNovember6thmeeting Department: caption2:MotiontoapprovethereschedulingoftheNovember 6th regularmeetingtoThursday,November8th. Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 73 CommissionMeetingAgenda 10/16/20072:00PM Affidavit Department:ClerkofCommission caption2:Motionto approveexecutionbytheMayoroftheaffidavit ofcompliancewithGeorgia'sOpenMeetingAct. Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 74