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HomeMy WebLinkAbout2007-11-08-Meeting AgendaCommissionMeetingAgenda CommissionChamber 11/8/2007 2:00PM INVOCATION: Rev.RichardSanders,Pastor, St.Paul'sEpiscopalChurch PLEDGEOFALLEGIANCETOTHEFLAGOFTHEUNITEDSTAT ESOFAMERICA. PRESENTATION(S) A.Acknowledge the Certification of Appreciation to th e Augusta Commission from the City of Wrens regarding Augusta 's assistancewiththeirK-9vehiclerequest. Attachments B.Presentation from the Augusta Southern Nationals Dr ag Boat Race. Attachments RECOGNITION(S) AugustaFireDepartment C.Augusta Firefighter Darrell Thompson received from the Department of the United States Air Force, the Air Force CommendationMedal(FirstOakLeafCluster)afterse rvingafive monthtourofactivedutyinBaghdad,Iraq. Attachments MACHAcademy,Inc. D.Elysia Ortiz and Machl Provost national winners of the Arthur AsheEssayContestandattendedthe2007ArthurAsh eKids'Day at the U.S. Open tennis tournament.(Requested by CommissionerCalvinHolland) Attachments CONSENTAGENDA (Items1-26) PLANNING 1.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.(ApprovedbyCommission October16, 2007-secondreading) Attachments 2.FINALPLAT–AUBERNATBARTONCHAPEL–S-765 – A request for concurrence with the Augusta Richmond County PlanningCommissiontoapproveapetitionbyH.Law sonGraham &Associates,onbehalfofArthurMarshall,request ingfinalplat approvalforAubernatBartonChapel.Thisresident ialsubdivision is located at Old Barton Chapel and Barton Chapel R oad and contains23lots. Attachments 3.FINAL PLAT – ELDERBERRY, SECTION 3 – S-764 –A request for concurrence with the Augusta Richmond C ounty PlanningCommissionto approve apetitionbyJamesG.Swift& Associates, on behalf of Jerry Greenway, requesting final plat approvalforElderberry,Section3.Thisresidentia lsubdivisionis locatedoffHarperFranklinDriveadjacenttoElder berrySections 1and2andcontains135lots. Attachments ADMINISTRATIVESERVICES 4.Motionto approveFinalVersionofYear2008AnnualAction Plan for Community Development Block Grant (CDBG), EmergencyShelterGrant(ESG),HOMEInvestmentPart nership andHousingforPersonswithAIDS(HOPWA)funds.(Approved byAdministrativeServicesCommitteeOctober29,20 07) Attachments 5.Motionto approveResolutionauthorizingSubmissionYear2008 Annual Action Plan for Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG), HOME Investm ent Partnerships and Housing Opportunities for Persons with AIDS Funds.(Approved by Administrative Services Committee October29,2007) Attachments 6.Motionto approve thetransferfour(4)Citysurplusproperties located in the Dover-Lyman area to Land Bank Authority in support of the Dover-Lyman Project Redevelopment Plan. (ApprovedbyAdministrativeServicesCommitteeOcto ber29, 2007) Attachments FINANCE 7.Motion to approvea request from the CSRA Coalition of AdvocatesfortheAgingregardingcitysponsorship throughthe purchase of tickets for their 2007 Legislative Brea kfast. (ApprovedbyFinanceCommitteeOctober29,2007) Attachments 8.Motion to approvea request from the CSRA Regional DevelopmentCenterforcitysponsorshipthroughthe purchaseof ticketsforthe46thAnnualConference.(ApprovedbyFinance CommitteeOctober29,2007) Attachments 9.Motionto approverefundrecommendationsfromtheBoardof Assessors for four (4) accounts.(Approved by Finance CommitteeOctober29,2007) Attachments 10.Motion to approvethe reallocation of $175,000 from the Personnel Services & Employee Benefits accounts of Augusta PublicTransit.(ApprovedbyFinanceCommitteeOctober29, 2007) Attachments 11.Motion to approverevised SPLOST V and future SPLOST Contractor Agreement for Outside Agencies.(Approved by FinanceCommitteeOctober29,2007) Attachments 12.Motionto approvetheawardofthecontracttoreplacetheroofon the ARC Lumpkin Road Tag Office and Board of Electi ons Warehousetothelowbidder,I&ESpecialties,wit habasebidof $48,235.00 to be funded from Capital Outlay.(Approved by FinanceCommitteeOctober29,2007) Attachments 13.Motionto approve aproposalforthecreationofataxallocation district in the City of Augusta.(Approved by Finance CommitteeOctober29,2007) Attachments 14.Motion to approverequest from the Board of Assessors for outside contract services for Discovery of Business Personal PropertyAccounts.(ApprovedbyFinanceCommitteeOctober 29,2007) Attachments ENGINEERINGSERVICES 15.Motion to approve Change Order #1 to Blair Construc tion CompanyInc.tomakefinalquantityadjustments(de ductionsand overruns)inaccordancewiththetermsoftheunit pricecontractas well as add two new unit price line items to the co ntract. (Approved by Engineering Services Committee October 29, 2007) Attachments 16.Motionto authorizecondemnationofaportionofProperty#013- 3-009-00-0and013-3-016-00-01088AlexanderDrive,whichis owned by Charles and Rose Robertson for 2,492 sq. F eet of Permanent Easement.PW Project: Alexander Drive Pro ject. (Approved by Engineering Services Committee October 29, 2007) Attachments 17.Motionto authorizecondemnationofaportionofProperty#059- 0-013-03-0 New Savannah Road, which is owned by M.B.R. Holdings,L.L.C.for861Sq.Feetforapermanente asement.AUD Project:60115.(ApprovedbyEngineeringServicesCommittee October29,2007) Attachments 18.Motionto authorizecondemnationofaportionofProperty#059- 0-013-01-0 516 Skyview Drive, which is owned by M.B.R. Holdings, L.L.C. for228 Sq. Feet for a permanent e asement. A.U.D. Project: 60115.(Approved by Engineering Services CommitteeOctober29,2007) Attachments 19.Motionto authorizecondemnationofaportionofproperty#139- 0-441-00-03848NewKarleenRoad,whichisownedbyMichael Jones, for 300 sq. feet of temporary easement. AUD project: 50202 Horsepen Sanitary Sewer, Phase 2.(Approved by EngineeringServicesCommitteeOctober29,2007) Attachments 20.Motionto authorize condemnationofaportionofproperty#128- 0-085-00-03633NewKarleenRoad,whichisownedbyWanda Ellisonfor1,275sq.feetforapermanenteasement and854sq. feet of temporary easement. AUD Project: 50202 Hors epen Sanitary Sewer, Phase 2.(Approved by Engineering Services CommitteeOctober29,2007) Attachments 21.Motion to approvea proposal for a Professional Services AgreementwithRothberg,Tamburini&Winsor,Inc.(RTW)to identify and evaluate alternative approaches for ad dressing potential changes to permits for the discharge of t reated wastewater from Augusta's water pollution control p lants. (Approved by Engineering Services Committee October 29, 2007) Attachments 22.Motion to authorizeaward and execution of an engineering Attachments contract with Cranston, Robertson and Whitehurst P.C. in the amountof$124,170forprofessionalservicesinass ociationwith engineering for implementing the recommendations as sociated withtheAugustaCanalBankStudy.(ApprovedbyEngineering ServicesCommitteeOctober29,2007) 23.Motionto approve allowingtheBoardofEducationandMCGto workoutacontractfortheuseoftheLaneyStadiu mFacilitiesand ParkingLot;andLicenseAgreementregardingusean dcareofthe LaneyStadiumParkingLotbyMCG.(ApprovedbyEngineering ServicesCommitteeOctober29,2007) Attachments 24.Motionto approvetheawardofthecontracttoreplacetheroofon the ARC Lumpkin Road Tag Office and Board of Electi ons Warehousetothelowbidder,I&ESpecialties,wit habasebidof $48,235.00 to be funded from Capital Outlay.(Approved by EngineeringServicesCommitteeOctober29,2007) Attachments 25.Motion to approvecontract with I&E Specialist, Inc. in the amountof$36,700toreplacethestoragewarehouse rooflocated at 2316 Tobacco Road.(Approved by Engineering Services CommitteeOctober29,2007) Attachments PETITIONSANDCOMMUNICATIONS 26.Motion to approve the minutes of the regular meetin g of the CommissionheldonOctober16,2007. Attachments ****ENDCONSENTAGENDA**** AUGUSTACOMMISSION 11/8/2007 AUGUSTACOMMISSION REGULARAGENDA 11/8/2007 (Items27-45) PLANNING 27.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 (Deferred fromtheOctober16,2007Commissionmeeting) Attachments PUBLICSERVICES 28.Discussion:ArequestbyMichaelAnglinforanexte nsionoftime topurchasetheAlcoholLicensetobeusedinconne ctionwith TipseyMcStumbleslocatedat214SeventhSt.Distri ct1.Super District9. Attachments 29.NewOwnershipApplication:A.N.07-49:ArequestbyShadra SampsonforanonpremiseconsumptionLiquor,Beer &Wine licensetobeusedinconnectionwithClubKalialo catedat2864 DeansBridgeRd.TherewillbeDance.District2.S uperDistrict 9. Attachments 30.NewOwnershipApplication:A.N.07-50:ArequestbyKyeH. Kim for a retail package Beer & Wine license to be used in connectionwithK.H.KimEnterprises,Inc.DBAThr ifteeSuper Marketlocatedat232SandbarFerryRd.District1.SuperDistrict 9. Attachments 31.Discussion: A request by the Richmond County Sheri ffs Department for a hearing to consider the possible p robation, suspensionorrevocationoftheAlcoholBeverageLi censeheldby MarionRosierforClubDreamslocatedat3023Wash ingtonRd. formultipleviolationsofthenoiseordinanceand disorderlyand Attachments unsafeparkingarea.District7.SuperDistrict10. 32.Motion to approveproposal fromCosby,Everett& Wr ight for Environmental Engineering and Underground Storage T ank abatementservicesassociatedwithrecentlyacquire dpropertyfor theNewMainLibrary. Attachments 33.Motiontoapprovethereallocationof$175,000from thePersonnel Services & Employee Benefits accounts of Augusta Pu blic Transit. Attachments ADMINISTRATIVESERVICES 34.DiscussdirectionconcerningBethlehemCommunityan dHousing Neighborhood.(RequestedbyCommissionerWilliams) Attachments 35.Approve the amended and restated Local Small Busine ss OpportunitiesProgrameffectiveDecember1,2007an drepealin itsentiretytheDisadvantagedBusinessEnterprise Program,City CodeofOrdinances,Sections1-10-58through1-10-62,inclusive aswellasSub-Section1-10-6(f).(RequestedbyCommissioners BrighamandGrantham) Attachments 36.Discuss professional courtesy and decorum with empl oyees, department heads, and commissioners. (Requested by CommissionerHolland) Attachments PUBLICSAFETY 37.Approvethepurchaseoftwo(2)EmergencyResponse Unitsfor theRichmondCountySheriff'sOfficefor$41,058.82 ($20,529.41 each)lowestbidonbid07-163. Attachments 38.Motionto approvetheSheriff'sOfficepurchaseofnewMobile DataTerminalcomputerstoreplaceoldandobsolete laptopsin Attachments patrolcars. 39.Approve the selection of CH2MHILL Inc. for RFP #07-101, WirelessConsultant. Attachments SUBCOMMITTEE LawStudySubcommittee 40.Motionto approvethesalaryofthepositionofGeneralCounsel.Attachments ADMINISTRATOR 41.Motionto approve therecommendationoftheAdministratorto appointMs.DonnaWilliamstothepositionofFinan ceDirector. Attachments OTHERBUSINESS 42.Discuss the Feasibility Study for Building and Oper ating a Professional Level Drag Strip.(Requested by Commissioner AndyCheek) Attachments 43.UpdatefromtheAdministratorregardingtheFiftha ndReynolds Streetlandtransaction.(RequestedbyCommissione rWilliams) Attachments 44.Motionto approvetheappointmentofMargaretWoodardasCo- chairoftheAugustaThirdCanalTaskForcedueto thedeathof CharlesDeVaney.(RequestedbyMayorProTemBettyBeard) Attachments LEGALMEETING A.PendingandPotentialLitigation. B.RealEstate. C.Personnel. UpcomingMeetings www.augustaga.gov 45.Motion to approve execution by the Mayor of the aff idavit of compliancewithGeorgia'sOpenMeetingAct. CommissionMeetingAgenda 11/8/20072:00PM Invocation Department: caption2:Rev.RichardSanders,Pastor, St.Paul'sEpiscopalChurch Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 1 CommissionMeetingAgenda 11/8/20072:00PM CityofWrens Department: caption2:AcknowledgetheCertificationofAppreciationtoth e AugustaCommissionfromtheCityofWrensregarding Augusta'sassistancewiththeirK-9vehiclerequest . Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 2 Attachment number 1 Page 1 of 2 Item # 2 Attachment number 1 Page 2 of 2 Item # 2 CommissionMeetingAgenda 11/8/20072:00PM GeorgiaSpecialOlympics Department: caption2:PresentationfromtheAugustaSouthernNationalsDr agBoat Race. Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 3 Attachment number 1 Page 1 of 1 Item # 3 CommissionMeetingAgenda 11/8/20072:00PM AugustaFireDepartment Department: caption2:AugustaFirefighterDarrellThompsonreceivedfrom the DepartmentoftheUnitedStatesAirForce,theAirF orce CommendationMedal(FirstOakLeafCluster)afterse rvinga fivemonthtourofactivedutyinBaghdad,Iraq. Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 4 Attachment number 1 Page 1 of 4 Item # 4 Attachment number 1 Page 2 of 4 Item # 4 Attachment number 1 Page 3 of 4 Item # 4 Attachment number 1 Page 4 of 4 Item # 4 CommissionMeetingAgenda 11/8/20072:00PM MACHAcademy,Inc. Department: caption2:ElysiaOrtizandMachlProvostnationalwinnersof the ArthurAsheEssayContestandattendedthe2007Art hur AsheKids'DayattheU.S.Opentennistournament. (RequestedbyCommissionerCalvinHolland) Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 5 Attachment number 1 Page 1 of 10 Item # 5 Attachment number 1 Page 2 of 10 Item # 5 Attachment number 1 Page 3 of 10 Item # 5 Attachment number 1 Page 4 of 10 Item # 5 Attachment number 1 Page 5 of 10 Item # 5 Attachment number 1 Page 6 of 10 Item # 5 Attachment number 1 Page 7 of 10 Item # 5 Attachment number 1 Page 8 of 10 Item # 5 Attachment number 1 Page 9 of 10 Item # 5 Attachment number 1 Page 10 of 10 Item # 5 CommissionMeetingAgenda 11/8/20072:00PM PlanningCommission Department:PlanningCommission caption2: ZA-R-182–ArequestforconcurrencewiththeAugusta- RichmondCountyPlanningCommissionto approve an amendmenttotheComprehensiveZoningOrdinancefor Augusta-RichmondCountywhichwouldamendSections 7, 24,and26to allowminingandrelatedactivitiesinHI (HeavyIndustry)Zones byrightandinanyzoneby Special Exceptionifcertainobjectivecriteriaaremet.(Approvedb y CommissionOctober16,2007-secondreading) Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 6 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 # 6 - 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 # 6 (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 # 6 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 # 6 CommissionMeetingAgenda 11/8/20072:00PM PlanningCommission Department:PlanningCommission caption2: FINALPLAT–AUBERNATBARTONCHAPEL–S- 765–ArequestforconcurrencewiththeAugustaRichm ond CountyPlanningCommissiontoapproveapetitionby H. LawsonGraham&Associates,onbehalfofArthurMar shall, requestingfinalplatapprovalforAubernatBarton Chapel.Thisresidentialsubdivisionislocatedat OldBarton ChapelandBartonChapelRoadandcontains23lots. Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 7 CommissionMeetingAgenda 11/8/20072:00PM PlanningCommission Department:PlanningCommission caption2: FINALPLAT–ELDERBERRY,SECTION3–S-764 – ArequestforconcurrencewiththeAugustaRichmond CountyPlanningCommissionto approve apetitionby JamesG.Swift&Associates,onbehalfofJerryGre enway, requestingfinalplatapprovalforElderberry,Sect ion3.This residentialsubdivisionislocatedoffHarperFrank linDrive adjacenttoElderberrySections1and2andcontain s135 lots. Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 8 CommissionMeetingAgenda 11/8/20072:00PM 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(Deferred fromtheOctober16,2007Commissionmeeting) Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 9 Cover Memo Item # 9 CommissionMeetingAgenda 11/8/20072:00PM alcoholapplication Department:License&Inspections caption2:Discussion:ArequestbyMichaelAnglinforanexte nsionof timetopurchasetheAlcoholLicensetobeusedin connectionwithTipseyMcStumbleslocatedat214Se venth St.District1.SuperDistrict9. Background:ThisapplicantwasapprovedinJuneof2007. Analysis:TheapplicantmeetstherequirementsoftheAugusta RichmondCountyAlcoholOrdinance. FinancialImpact:nofee Alternatives: Recommendation:License&Inspectionrecommendsapproval.TheRCSD recommendsapproval. Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : Finance. Administrator. ClerkofCommission Cover Memo Item # 10 Attachment number 1 Page 1 of 1 Item # 10 CommissionMeetingAgenda 11/8/20072:00PM alcoholapplication Department:License&Inspections caption2:NewOwnershipApplication:A.N.07-49:Arequest by ShadraSampsonforanonpremiseconsumptionLiquor , Beer&WinelicensetobeusedinconnectionwithC lub Kalialocatedat2864DeansBridgeRd.Therewillb eDance. District2.SuperDistrict9. Background:ThislocationistheoldHarpo'sLounge. Analysis:TheapplicantmeetstherequirementsoftheAugusta RichmondCountyAlcoholOrdinance. FinancialImpact:Theapplicantwillpayapro-ratedfeeof$2217.50 Alternatives: Recommendation:License&Inspectionrecommendsapproval.TheRCSD recommendsapproval. Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : Finance. Administrator. ClerkofCommission Cover Memo Item # 11 Cover Memo Item # 11 Attachment number 1 Page 1 of 2 Item # 11 Attachment number 1 Page 2 of 2 Item # 11 CommissionMeetingAgenda 11/8/20072:00PM alcoholapplication Department:License&Inspections caption2:NewOwnershipApplication:A.N.07-50:Areques tby KyeH.KimforaretailpackageBeer&Winelicense tobe usedinconnectionwithK.H.KimEnterprises,Inc.DBA ThrifteeSuperMarketlocatedat232SandbarFerry Rd. District1.SuperDistrict9. Background:Thisisanewownershipapplication.Formerlyinth ename ofJayParika. Analysis:TheapplicantmeetstherequirementsoftheAugusta RichmondCountyAlcoholOrdinance. FinancialImpact:Theapplicantwillpayapro-ratedfeeof$605.00 Alternatives: Recommendation:License&Inspectionsrecommendsapproval.TheRCSD recommendsapproval. Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : Finance. Administrator. ClerkofCommission Cover Memo Item # 12 Cover Memo Item # 12 Attachment number 1 Page 1 of 2 Item # 12 Attachment number 1 Page 2 of 2 Item # 12 CommissionMeetingAgenda 11/8/20072:00PM AlcoholHearing Department:License&Inspections caption2:Discussion:ArequestbytheRichmondCountySheri ffs Departmentforahearingtoconsiderthepossiblep robation, suspensionorrevocationoftheAlcoholBeverageLi cense heldbyMarionRosierforClubDreamslocatedat3 023 WashingtonRd.formultipleviolationsofthenoise ordinanceanddisorderlyandunsafeparkingarea.D istrict7. SuperDistrict10. Background:Thelocationhashadnumerousincidentsinthepa styear. Analysis:TheapplicantisinviolationofarticlesoftheAu gusta RichmondCountyAlcoholOrdinance FinancialImpact: Alternatives: Recommendation:License&InspectionrecommendsProbation,Suspensi onor Revocation.TheRCSDrecommendsProbation,Suspensi on orRevocation. Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : Finance. Cover Memo Item # 13 Administrator. ClerkofCommission Cover Memo Item # 13 Attachment number 1 Page 1 of 1 Item # 13 CommissionMeetingAgenda 11/8/20072:00PM PhaseIIEnvironmental&USTRemovalServicesforM ainLibrary Department:Library caption2:MotiontoapproveproposalfromCosby,Everett&Wr ight forEnvironmentalEngineeringandUndergroundStora ge Tankabatementservicesassociatedwithrecentlyac quired propertyfortheNewMainLibrary. Background:Earlierthisyear,Augustapurchasedpropertyalong James BrownBoulevard,acrossfromtheexistingdowntown library,forthenewMainLibrary.Thepropertiesi ncludeda formergasolinestationwithseveralabandoned-in-p lace undergroundstoragetanks(UST’s),andtwostructur es.The proposedservicesincludeexcavation,removalandd isposal oftheUST’sandverificationthatthetankshaven otleaked; backfillwithclean,compactedfill,andhazardousm aterials surveysoftheexistingstructures.Anyhazardousm aterials foundinthebuildingswillbedocumented,forinco rporation intoBidDocumentsassociatedwithlaterdemolition ofsaid structures.Theproposedenvironmentalengineering consultantwaschosenbytheSelectionCommitteefo llowing evaluationofproposalsreceived(RFP#07-128). Analysis:ApprovingandexecutingthecontractwithCosbyEve rett& WrightwillpermittheUSTremovalprocesstostart , includinganalyzingwhetherpossiblecontamination associatedwiththeUST’swillbeencountered.Enco untering subsurfacecontaminationafterawardofthemain constructioncontractwouldlikelydelaytheprojec t,leading toacostlychangeorder.Similarly,thesurveysof the existingstructuresforasbestos,PCB’sandotherh azardous materialsshouldreducechangeordersassociatedwi th HAZMATabatementduringthelaterdemolitionwork. FinancialImpact:Theproposedcostoftheservicesis$85,608. Cover Memo Item # 14 Alternatives:1.Waituntilconstructioncontactisawarded.2.R e-advertise forservicesoncetheapartmentbuildingisacquire d. Recommendation:ApproveCommittee’srecommendationtocontractwith Cosby,Everett&Wright.Waitinguntilconstruction contact awardrisksasizablechangewhichwouldhavethen etaffect ofcostingmore.Waitinguntiltheaprtmentbuildin gis acquiredisrisky,sincethescheduleforacquisiti onremains murky. Fundsare Availableinthe Following Accounts: Fundsareavailableinaccount324-05-1120-2150320. REVIEWEDANDAPPROVEDBY : Finance. Administrator. ClerkofCommission Cover Memo Item # 14 Attachment number 1 Page 1 of 1 Item # 14 CommissionMeetingAgenda 11/8/20072:00PM ReallocationofFunds Department:AugustaPublicTransit caption2:Motiontoapprovethereallocationof$175,000from the PersonnelServices&EmployeeBenefitsaccountsof AugustaPublicTransit. Background:AugustaPublicTransitispresentlyreceivingbudge tblocks duetolackoffundsinvariousexpenseaccounts. Analysis:Afterdeterminingthepresentexpensesthroughthe 20 periodsanddividingbytheexpenses,AugustaPubli cTransit isaveraging$102,543.60perpayperiod.Whenyoum ultiply theaveragebytheremainingsix(6)payperiods,y oucome upwith$615,216.60.Ifyousubtractthe$615,216.6 0and $80,000forfutureworker'scompensationclaims,yo uhave $206,268.40aspossibleexcessfunds. FinancialImpact:Ifadditionalfundingisnotapproved,thebudgetb lockswill continueuntilallfundsarefrozen. Alternatives:1.Approvetherequest.2.Continueasis. Recommendation:Approvetherequest. Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : Cover Memo Item # 15 Finance. Administrator. ClerkofCommission Cover Memo Item # 15 CommissionMeetingAgenda 11/8/20072:00PM BethlehemCommunity Department:ClerkofCommission caption2:DiscussdirectionconcerningBethlehemCommunityan d HousingNeighborhood.(RequestedbyCommissioner Williams) Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 16 CommissionMeetingAgenda 11/8/20072:00PM DisadvantagedBusinessEnterpriseProgram Department:CountyAttorney caption2:ApprovetheamendedandrestatedLocalSmallBusine ss OpportunitiesProgrameffectiveDecember1,2007an d repealinitsentiretytheDisadvantagedBusinessE nterprise Program,CityCodeofOrdinances,Sections1-10-58through 1-10-62,inclusiveaswellasSub-Section1-10-6(f). (RequestedbyCommissionersBrighamandGrantham) Background:Seeanalysis Analysis:TheCityofAugustaisunderaFederal"CourtOrder EnjoiningtheRace-BasedPortionoftheDisadvantag ed BusinessEnterpriseDBE)Program"sinceMarch14,2 007. SaidDBEProgramhasbeenreviewedbytheDefendant 's LegalCounselandSpecialLegalCounselinconsulta tion withtheaffectedandtheattachedrace-genderneut ral Ordinanceispresentedforreviewandapprovalbyt he AdministrativeServicesCommittee.Thisordinanced oesnot replaceOrdinanceNo.6890ofMay16,2006Augusta's LocalVendorPreferenceProgram.Policychoicesrem ain afterconsultationwiththeaffectedDepartments (ProcurementandDBEOffices)andSpecialLegalCou nsel. TheversionsfavoredbyProcurementnotinthedraf t ordinancearesetforthintheAppendixtotheordi nance.The ordinanceincludedasanAppendix,aswritten,incl udethe versionsfavoredbybothProcurementandDBEoffice s; Section1-10-63(B)and1-10-63(D). FinancialImpact: Alternatives: Recommendation: DiscussandapprovetheamendedLocalSmallBusines s Cover Memo Item # 17 OpportunitiesProgrameffectiveDecember1,2007. Fundsare Availableinthe Following Accounts: N/A REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 17 ATLANTA:4939846.6 10/21/07 AN ORDINANCE TO REPEAL IN ITS ENTIRETY AUGUSTA- RICHMOND COUNTY’S DISADVANTAGED BUSINESS ENTERPRISE PROGRAM ORDINANCE BY REPEALING CODE SECTIONS 1-10-58 THROUGH 1-10-62, INCLUSIVE, AS WELL AS SUB-SECTION 1-10-6(F); TO CREATE A NEW ORDINANCE SO AS TO PROVIDE FOR RACE AND GENDER NEUTRAL PROGRAMS TO INVOLVE LOCAL SMALL BUSINESS IN THE ECONOMIC ACTIVITY GENERATED BY AUGUSTA-RICHMOND COUNTY GOVERNMENT; TO PROVIDE FOR THE ADMINISTRATION OF A LOCAL SMALL BUSINESS OPPORTUNITIES PROGRAM; TO AMEND CODE SECTION 1-10-8 REGARDING COMPLIANCE WITH STATE AND FEDERAL REQUIREMENTS; TO RENUMBER CERTAIN CODE SECTIONS IN CHAPTER 10 OF THE CODE OF ORDINANCES FOR ADMINISTRATIVE CONVENIENCE; TO REPEAL LAWS AND ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES. SECTION ONE. That Augusta-Richmond County’s Disadvantaged Business Enterprise Program, Code of Ordinances Sections 1-10-58 through 1-10-62, inclusive, as well as Sub-Section 1-10-6(f) are repealed in its entirety. SECTION TWO. That the Augusta-Richmond County Commission does hereby ordain and establish a Local Small Business Opportunities Program effective December 1, 2007, which shall read as follows: Attachment number 1 Page 1 of 20 Item # 17 ATLANTA:4939846.6 10/21/07 AUGUSTA, GEORGIA AUGUSTA-RICHMOND COUNTY LOCAL SMALL BUSINESS OPPORTUNITIES PROGRAM Table of Contents LOCAL SMALL BUSINESS OPPORTUNITIES PROGRAM -- GENERAL PRINCIPLES.....1 § 1-10-58. SHORT TITLE.............................................................................................................1 § 1-10-59. OBJECTIVE.................................................................................................................1 § 1-10-60. POLICY........................................................................................................................1 § 1-10-61. DEFINITIONS.............................................................................................................2 § 1-10-62. APPLICATION; EFFECTIVE DATE.........................................................................4 § 1-10-63. PROGRAM ADMINISTRATION...............................................................................5 A. SERVICES TO BE PROVIDED BY THE LOCAL SMALL BUSINESS OPPORTUNITIES PROGRAM (LSBOP)............................................................5 B. PROGRAM............................................................................................................5 C. PROCUREMENT DEPARTMENT RESPONSIBILITIES..................................6 D. EVALUATION OF THE LOCAL SMALL BUSINESS OPPORTUNITY PROGRAM............................................................................................................6 § 1-10-64. REGISTRATION AND CERTIFICATION PROCEDURES.....................................7 A. REGISTRATION CRITERIA; ACCEPTANCE OF CERTIFICATION BY OTHER GOVERNMENTAL AGENCIES.....................................................7 B. RENEWAL OF REGISTRATION........................................................................8 C. LIMITATIONS......................................................................................................9 D. GRADUATION.....................................................................................................9 § 1-10-65. LOCAL SMALL BUSINESS OPPORTUNITIES PROGRAM PARTICIPATION ..9 A. SEALED BIDS, SEALED PROPOSALS, PROFESSIONAL SERVICES AND OTHER MAJOR PURCHASING................................................................9 B. DEPARTMENTAL PURCHASE REQUIREMENTS (SMALL PURCHASES, QUOTATIONS, OR INFORMAL BIDS)..................................11 C. PROCUREMENT DEPARTMENT BUYER’S RESPONSIBILITIES..............11 D. MAINTENANCE OF RECORDS.......................................................................12 E. COMPLIANCE....................................................................................................13 F. COMPETITIVE BIDS.........................................................................................13 G. OUTREACH........................................................................................................13 § 1-10-66. EXCEPTIONS – FEDERALLY FUNDED PROJECTS...........................................14 Attachment number 1 Page 2 of 20 Item # 17 ATLANTA:4939846.6 10/21/07 § 1-10-67. CITIZENS ADVISORY COUNCIL..........................................................................14 § 1-10-8. COMPLIANCE WITH STATE AND FEDERAL REQUIREMENTS.......................14 § 1-10-96. AUTHORITY TO SUSPEND OR DEBAR FROM QUALIFIED BIDDER /PROPOSER LIST...........................................................................................................15 § 1-10-97. CAUSES FOR SUSPENSION AND DEBARMENT...............................................15 § 1-10-98. DECISION TO SUSPEND OR DEBAR:..................................................................16 § 1-10-99. NOTICE OF DECISION............................................................................................16 Attachment number 1 Page 3 of 20 Item # 17 ATLANTA:4939846.6 10/21/07 AUGUSTA, GEORGIA AUGUSTA-RICHMOND COUNTY LOCAL SMALL BUSINESS OPPORTUNITIES PROGRAM GENERAL PRINCIPLES § 1-10-58. SHORT TITLE This Ordinance and the codification hereof may be referred to as the “Augusta-Richmond County Local Small Business Opportunities Program Ordinance” (“LSBOP”). § 1-10-59. OBJECTIVE Augusta-Richmond County is firmly committed to the principles of equal opportunity and in keeping with these principles, hereby sets forth a program and establishes a mechanism for developing, approving, and implementing procedures by which local small business enterprises shall be identified, informed and educated regarding opportunities for supplying goods, general services, and construction services required by Augusta-Richmond County, and providing for objectives for bidders to incorporate the use of Local Small Businesses as commercially useful sub-contractors, thereby promoting balanced economic and community growth throughout Augusta-Richmond County. The LSBOP is a race and gender-neutral program. § 1-10-60. POLICY It is the policy of Augusta-Richmond County that all necessary and reasonable steps shall be taken to ensure that local small business enterprises have the maximum opportunity to compete for and participate in all contracts and subcontracts funded by or through Augusta-Richmond County government. Further, the Augusta-Richmond County Commission has determined as a means to ensure full economic participation by small local business that a mechanism for developing, approving and implementing a LSBOP is required. Augusta-Richmond County has established the LSBOP to promote opportunities for certified Local Small Business to participate in Augusta-Richmond County’s contracting and procurement activities by requiring contractors to utilize certified Local Small Businesses to perform commercially useful functions to the maximum extent possible and as economically feasible, as partners or subcontractors for service delivery or as suppliers of various goods required in the performance of a contract. This LSBOP is in addition to and shall not supplant the Local Preference Ordinance, Code §1-10-6. Augusta’s Local Small Business Opportunities Program shall comply with federal and state requirements applicable to small or disadvantaged business, including but not limited to those requirements set forth by regulation by the Federal Aviation Administration, U.S. Department of Defense, U.S. Department of Housing & Urban Development, and the Georgia Department of Transportation. It is expressly recognized that such federal and state regulations preempt Augusta’s regulations regarding this subject. Attachment number 1 Page 4 of 20 Item # 17 2 ATLANTA:4939846.6 10/21/07 § 1-10-61. DEFINITIONS (a) Generally. Those definitions set forth in Chapter 10 of the Code of Ordinances shall also apply to this Article, except as provided in this section. (b) Specifically. (1) Bidder – any person or entity that submits a bid to provide labor, goods or services to Augusta-Richmond County by contract in response to a bid or other solicitation by Augusta-Richmond County. (2) Certified Local Small Business – any business entity certified by the DBE Coordinator, providing goods or services, which has its principal office and place of doing business in Augusta-Richmond County; with gross annual receipts being less than $500,000; and whose owners meet the personal net worth threshold, all as defined herein. The term Local Small Business shall also include a manufacturer with seventy-five (75) employees or less or wholesaler with fifty (50) employees or less without regard to gross revenues. (3) Citizen’s Small Business Advisory Board (CSBAB) – Is a council to advise the Commission and DBE Coordinator of matters pertaining to this section, and to meet with small businesses to review and advise as to the issues in program administration. See Consolidation Act, Ga. Laws 1995, p. 3648, §1-40. Members are appointed by the Mayor, Commission and the Richmond County Legislative Delegation to the Georgia General Assembly. A list of the appointees is maintained in the Clerk of Commission’s Office and is incorporated herein by reference. (4) Competitive Bidding – process used by Augusta-Richmond County to request and receive sealed bids for labor, goods and services wherein the winning Bidder selected present the lowest qualified bid using any of the methods authorized by Article 6 of this chapter. (5) Commercially Useful Function – For the purpose of determining whether a registered Local Small Business is performing a commercially useful function, DBE Coordinator shall consider all of the facts in the record, viewed as a whole, including without limitation the following: A. A Local Small Business performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. B. To perform a commercially useful function, the Local Small Business must be responsible, with respect to material and supplies used on the contract or sub- contract for which it is engaged, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. Attachment number 1 Page 5 of 20 Item # 17 3 ATLANTA:4939846.6 10/21/07 C. A Local Small Business does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of Local Small Business participation. In determining whether a Local Small Business is such an extra participant, the DBE Coordinator will examine similar transactions, particularly those in which Local Small Businesses do not participate. (6) Contract – total legal obligation that results from the parties’ agreement as affected by this Code of Ordinances and any other applicable rules of law. (O.C.G.A. §11-1-201) (7) Good Faith Efforts – Techniques used by a bidder/proposer to seek Local Small Businesses to participate as a subcontractor or supplier required to fulfill the bid/proposal request for participation. Such good faith efforts of a bidder/proposer include, but are not necessarily limited to, the following actions: A. Including qualified Local Small Businesses (LSB’s) in the prime contractor’s solicitations for subcontractors and suppliers. B. Assuring that LSB’s are solicited whenever such business enterprises can perform a commercially useful function. C. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation of LSB’s. D. Establishing delivery schedules, where the requirements of the prime contract permit, which encourage participation of LSB’s. E. Using the services and the assistance of the DBE Coordinator in the identification of qualified LSB’s and negotiating subcontracts and supply contracts with such enterprises. F. Requiring each first tier subcontractor to take the affirmative steps outlined in sub paragraphs 1 through 5 above with respect to the identification and usage of second or third tier sub-contractors. G. Placing notices of opportunities for qualified LSB’s to perform subcontracting work on the eligible project in newspapers, trade journals, and other relevant publications, including publications specifically targeted to local small businesses, or communicating such notices of opportunities via the Internet or by other available media or means. H. Designating portions of the work for LSB subcontracting in trades with available LSB subcontractors. J. Providing a minimum of five (5) days notice to LSB’s when requesting bids or proposals for furnishing material or services as a subcontractor or supplier. Attachment number 1 Page 6 of 20 Item # 17 4 ATLANTA:4939846.6 10/21/07 8. Gross Receipts – total income or, in the case of sole proprietorship gross income, plus “cost of goods sold” as these terms are defined or reported on Internal Revenue Service (IRS) Federal tax return forms; Form 1120 for corporations; Form 1120S for Subchapter S corporations; Form 1065 for partnerships; and Form 1040, Schedule F for farm or Schedule C for sole proprietorships. 9. Joint Venture – an association of two or more businesses to carry out a single business enterprise for profit for which purpose they combine their property, capital, efforts, skills, and knowledge. 10. Local Small Business or “LSB” - a corporation, sole proprietorship, partnership or other business organization that meets the requirements for registration as such with Augusta-Richmond County in accordance with Section 1-10-64 of this code. 11. Monthly Utilization Report or MUR – a memorialization by a prime contractor of all subcontracting and Local Small Business participation utilized on a contract. Contractors/vendors are required to submit the Monthly Utilization Reports on all subcontracting participation to the DBE Coordinator. 12. Non-Discrimination Statement – Written affirmation made by a bidder relating to the bidder’s conduct prior to submission of a bid as well as after award of a contract that the bidder agrees to: A. Follow the policies of Augusta-Richmond County relating to the participation of LSB’s. B. Undertake certain measures to ensure the maximum practicable participation by LSB’s; and C. Not engage in discriminatory conduct against LSB’s inconsistent with the policy. 13. Personal Net Worth – net value of the assets of an individual owner, after total liabilities are deducted must not exceed seven hundred and fifty thousand dollars ($750,000). An individual’s Personal Net Worth does not include the individual’s ownership interest and the individual’s equity in his or her primary place of residence. An individual’s Personal Net Worth includes his or her share of assets held jointly with the individual’s spouse. Property held by the entireties is deemed to be owned equally by the spouse. 14. Prime Contractor – a person or firm who is awarded a contract from Augusta- Richmond County for provision of goods or services and has the primary responsibility for performance of the contract. The Prime Contractor may subcontract portions of the work required to Subcontractors, as indicated in the bid or solicitation documents. 15. Proponent – any person or entity that submits a proposal to provide labor, goods, or services to Augusta-Richmond County by contract in response to a Request for Proposal, Request for Qualifications or Request for Competitive, Sealed Proposal. Attachment number 1 Page 7 of 20 Item # 17 5 ATLANTA:4939846.6 10/21/07 16. Schedule of LSB Participation – Written data sheet which is a required submittal for a bid or proposal that lists proposed LSB subcontractors and the estimated value of proposed sub-contracts. § 1-10-62. APPLICATION; EFFECTIVE DATE. This ordinance shall apply to all bids, proposals, contracts, expenditures and purchases commenced by Augusta-Richmond County on and after December 1, 2007, as further described below, except sole source or emergency procurement. § 1-10-63. PROGRAM ADMINISTRATION A. SERVICES TO BE PROVIDED BY THE LOCAL SMALL BUSINESS OPPORTUNITIES PROGRAM (LSBOP) The DBE Coordinator shall have the primary responsibility to assure that the LSBOP is effectively and equitably carried out in Augusta-Richmond County. The DBE Coordinator shall direct the LSBOP so as to work in partnership with the Procurement Program set forth in Chapter 10 of ARC Code. Other Augusta-Richmond County officials and management personnel shall give their full cooperation towards the implementation of the program. B. PROGRAM The Local Small Business Opportunities Program administration consists of performing vendor certification, education and outreach, and review of bid and proposal documents. Specifically, the program shall consist of: (1) Developing and administering LSB registration criteria and procedures. (2) Establishing and maintaining a directory available to the public of registered LSBs capable of supplying the type and quality of equipment, supplies, general services, construction, and professional services required by Augusta-Richmond County. (3) Regularly seeking out and registering new LSB’s to bid on Augusta-Richmond County purchases and solicitations. (4) Notifying vendors of their registration status and advising non-registered parties of their right to appeal which shall be filed with the County Administrator within seven (7) days of receipt of such notice. (5) Developing annual forecasts and periodically updating same based on a review of anticipated purchases and certified LSB’s. (6) Monitoring and reporting on legislative and judicial actions relevant to local, small business interests. Attachment number 1 Page 8 of 20 Item # 17 6 ATLANTA:4939846.6 10/21/07 (7) Reviewing specifications and bid documents with the Procurement Department to ensure maximum opportunities for registered LSBs to compete on an equal basis for contracting opportunities and to perform commercially useful functions. (8) Convening and/or participating in information sessions with LSB’s regarding bid requirements and contract performance. (9) Providing technical assistance, conducting seminars, visiting vendors, and performing other outreach services to encourage and increase participation in Augusta-Richmond County’s bidding process by LSB’s. (10) Exploring and developing other means of expanding the program, and attracting and increasing LSB participation including joint efforts with other governmental agencies and authorities. (11) Refer LSB’s to third party development assistance providers when appropriate for bonding, financial and technical assistance. (12) Attend pre-bid, pre-qualification or pre-proposal conferences to provide information on the LSBOP. (13) Preparing and presenting an annual LSBOP report to the Augusta-Richmond County Commission. (14) Assist prime contractors and other potential bidders in identifying and contacting LSBS. (15) Develop outreach programs specifically targeted to educate LSBs about the LINK DEPOSIT PROGRAM. C. PROCUREMENT DEPARTMENT RESPONSIBILITIES (1) Notify all registered vendors of formal bid opportunities through direct solicitation or public advertisement, including information on the LSBOP. (2) Work with project managers or user agencies to divide larger projects into smaller projects or contracts when commercially appropriate, in order to create more opportunities for LSB’s to participate in contracts let by Augusta-Richmond County. (3) Provide data and technical assistance to support the outreach efforts of the LSBOP as necessary and appropriate. (4) Develop and utilize specifications that are open and competitive. Attachment number 1 Page 9 of 20 Item # 17 7 ATLANTA:4939846.6 10/21/07 (5) The Procurement Director, in consultation the DBE Coordinator, the Using Agency and the Finance Director, may make special provision for progress payments as deemed reasonable to assist LSB’s to carry out the terms of a contract. (6) When a LSB is awarded a contract with Augusta-Richmond County, the Procurement Director may furnish written confirmation of the same, providing the terms of the contract which may be used by the LSB in negotiating lines of credit with lending institutions. D. EVALUATION OF THE LOCAL SMALL BUSINESS OPPORTUNITY PROGRAM BY AUGUSTA-RICHMOND COUNTY COMMISSION. The Local Small Business Opportunities Assistance Program shall be evaluated on an annual basis. Each annual report shall be compiled by the DBE Coordinator and shall compare the fiscal year ending with the previous fiscal year. Evaluation of the program may include: 1) Number of LSB firms certified or registered. 2) Training and technical assistance offered to LSBs 3) Dissemination of LSBOP information at pre-bid conferences. 4) Evaluation of the effectiveness of the LSB in relation to the achievement of Augusta-Richmond County’s goals set forth under this policy, including the utilization of LSB’s on contracts. § 1-10-64. REGISTRATION AND CERTIFICATION PROCEDURES A. REGISTRATION CRITERIA; ACCEPTANCE OF CERTIFICATION BY OTHER GOVERNMENTAL AGENCIES. The Augusta-Richmond County’s Local Small Business Opportunities Program requires prior registration or evidence of current certification of a Local Small Business in order to count the participation of that Local Small Business toward program goals. Eligibility requirements for registration are: (1) Certification as to small business status may be accepted from other local governmental, state or federal agencies that apply criteria substantially similar to that imposed by this ordinance. (2) Applicant firm must complete an appropriate application form obtained from the DBE Coordinator and must qualify as a local small business, as the term is defined in this Article as to principle place of business, gross annual receipts and personal net worth thresholds. (3) Representations as to a business entity’s gross annual revenues, payroll, and personal net worth of individual applicants, shall be subject to audit by the DBE Coordinator. A location utilized solely as a post office box, mailbox, mail drop, virtual office, telephone message center, or any combination thereof, with no Attachment number 1 Page 10 of 20 Item # 17 8 ATLANTA:4939846.6 10/21/07 substantial work function, shall not be deemed to be a significant local presence sufficient to qualify as a local small business. (4) Applicant firm must possess a valid Augusta-Richmond County business license for six (6) months prior to submitting their LSBOP registration application; (5) The firm’s three-year average annual gross receipts, as defined herein, must not exceed $500,000 in annual gross receipts; (6) Applicant firm owner must be a citizen or lawfully admitted permanent resident of the United States; (7) Applicant firm must be a business, including a sole proprietorship, partnership, corporations, limited liability company, or any other business or professional entity: (a) which is at least fifty-one (51) percent owned by one (1) or more of the applicant individuals identified, and the ownership must have been in existence for one (1) year or more, and the applicant individual must have maintained such fifty-one (51) percent ownership for at least one (1) year; and (b) in the case of a publicly-owned business, at least fifty-one (51) percent of all classes of stock which is owned by one (1) or more of such persons, each of whom meets the net worth criteria as defined herein. (8) No individual owner of an applicant firm, or if a sole proprietorship or partnership the individuals themselves, may have a personal net worth that exceeds $750,000, as that term is defined in this Article. (9) No LSB shall be registered solely on the basis of the race or gender of its ownership regime. B. RENEWAL OF REGISTRATION LSB registration is valid for a two-year period beginning on the date Augusta-Richmond County registers the business. To re-apply, a local small business must submit a new application and evidence of continuing eligibility. It is the responsibility of the LSB to notify DBE Coordinator of any change in its circumstances affecting its continued eligibility for the program. Failure to do so may result in the firm’s de- registration and preclusion from future participation in the LSBOP; (a) A Local Small Business that no longer meets registration criteria shall not be re-registered by the DBE Coordinator; (b) Firms that have been denied registration or re-registration may protest the denial as follows: Attachment number 1 Page 11 of 20 Item # 17 9 ATLANTA:4939846.6 10/21/07 i. Within seven (7) days of receipt of denial of registration or re- registration, the firm may protest such action in writing to the DBE Coordinator; ii. A hearing shall be held by the County Administrator at which time the firm may present additional facts and evidence in support of its eligibility. The County Administrator shall control all aspects of the hearing, including scheduling, conduct, witnesses, and evidence, and may request the attendance of witnesses and production of particular documents; iii. The County Administrator shall send written notice of the decision to the firm within 30 days of the hearing. iv. A firm found to be ineligible cannot apply for registration or re- registration for a period of one year after the effective date of the final decision. C. LIMITATIONS Notwithstanding any other provision of this program except on a finding of good cause by Augusta-Richmond County, a registered LSB is no longer eligible to participate in the LSBOP after being enrolled for ten (10) consecutive years regardless of whether the firm received contracts or prime contracts under the program. If a firm has been released from the program before graduation as a result of exceeding the LSBOP thresholds, it will still be eligible to receive contracts from ARC, but such participation will not be counted toward the LSBOP goal of identifying and employing local small businesses to the greatest extent possible. In determining whether a good cause exists for a firm to continue participation beyond ten (10) consecutive years, ARC may review all relevant factors such as amount of business previously received by the firm, and capability of other small firms to provide goods and services, impact on a potential contract opportunity for other local businesses to compete. In no event shall a firm’s participation in the program extend beyond fifteen (15) years. Participation or registration as a LSB in the LSBOP shall not preclude a registered firm from competing for a prime contract with Augusta-Richmond County on the same basis as other prime contractors or suppliers. D. GRADUATION Augusta Richmond County shall graduate an LSB business from eligibility as an LSB. The LSB business will be graduated from LSB if any one of the following occurs: (1) The LSB’s gross revenues in each of the previous consecutive three (3) years exceeds an average of $500,000.00; Attachment number 1 Page 12 of 20 Item # 17 10 ATLANTA:4939846.6 10/21/07 (2) The net worth of any owner of an LSB exceeds an average of $750,000.00 for each of the previous consecutive three (3) years, exclusive of principal residence and the value of the LSB; or (3) The LSB business has participated in the LSB for ten years and ARC has not approved an extension of participation based on good cause. § 1-10-65. LOCAL SMALL BUSINESS OPPORTUNITIES PROGRAM PARTICIPATION A. SEALED BIDS, SEALED PROPOSALS, PROFESSIONAL SERVICES AND OTHER MAJOR PURCHASING The following procedures and contract requirements will be used to insure that LSB’s are encouraged to participate in Augusta-Richmond County contracts, including but not limited to construction contracts, requests for professional services and the performance of public works contracts: (1) Bid conditions, requests for proposals, and all other specifications for contracts awarded by Augusta-Richmond County will require that, where subcontracting is utilized in performing the contract, the bidder or proponent, will make Good Faith Efforts to subcontract with or purchase supplies from LSB’s. Bid specifications will require the bidder or proponent to keep records of such efforts that are adequate to permit a determination of compliance with this requirement. (2) With the bid, each bidder will be required to state if it intends to subcontract any part of the work. Prior to award of contract where the apparent low bidder indicated plans to subcontract, the bidder shall be required to provide documentation of Good Faith Efforts to engage LSB’s as subcontractors or suppliers, the names of LSB’s and other subcontractors to whom it intends to award subcontracts, the dollar value of the subcontracts, and the scope of the work to be performed. (3) For all such contracts, the Procurement Department will provide the DBE Coordinator with a copy of the invitation to bid or bid specifications, including the scope of work. The DBE Coordinator will identify the existence of certified LSB’s which are qualified to submit bids as prime contractors. (4) The DBE Coordinator shall identify subcontracting opportunities and shall make available trade-specific lists of certified LSB’s to potential prime contractors. Prime contractors are encouraged to form Joint Ventures with LSBs to perform major contracts, particularly in the areas of construction and professional services. (5) Within thirty (30) days of the adoption of this Ordinance, the Procurement Department will include a copy of this ordinance in each bid or proposal. Attachment number 1 Page 13 of 20 Item # 17 11 ATLANTA:4939846.6 10/21/07 (6) All bid documents shall require bidders or proponents to submit with their bid in a separate sealed envelope the following: (a) Non-Discrimination Statement which shall affirm the bidder’s: (i) adherence to the policies of Augusta-Richmond County relating to equal opportunity in contracting; (ii) agreement to undertake certain measures as provided in this policy to ensure maximum practicable participation of local small businesses; and (iii) agreement not to engage in discriminatory conduct of any type against LSB’s. (b) Proposed Schedule of local small business participation. (c) Documentation of Good Faith Efforts to use LSB’s. Failure to submit the above documentation shall result in the bid or proposal being declared non-responsive. (7) All Augusta-Richmond County contracts shall require that during the term of the contract, the contractor will: (a) Fulfill the LSB participation commitments that were submitted in connection with the bids or proposal; (b) Continue to make Good Faith Efforts to utilize LSB’s for the performance of the contract; (c) Maintain records necessary for monitoring Good Faith Efforts. (8) Before advertising and soliciting bids, the DBE Coordinator and using department will assess if large contracts can be segmented into multiple contracts. Methods to be considered include: i. The term of a contract may be shortened that results in a dual effect; the reduction of quantity required, and the risk inherent in guaranteeing prices over a longer period of time. ii. Work to be performed may be grouped according to geographic location within Augusta-Richmond County. B. DEPARTMENTAL PURCHASE REQUIREMENTS (SMALL PURCHASES, QUOTATIONS, OR INFORMAL BIDS). Subject to the dollar limits set forth under Augusta-Richmond County ordinance, departments are authorized to make small purchases using Agency Purchase Orders. Departments shall be directed by the County Administrator to utilize LSB’s on small purchases whenever possible and appropriate. Attachment number 1 Page 14 of 20 Item # 17 12 ATLANTA:4939846.6 10/21/07 (1) The DBE Coordinator shall make available to every Augusta-Richmond County department a directory of registered LSB’s and encourage their use of by departments. (2) The DBE Coordinator shall provide annual training to all Augusta-Richmond County Departments on the Local Small Business Opportunities Program. (3) The DBE Coordinator shall track LSB purchases by department and provide feedback to department heads and the DBE Coordinator on use of LSB’s for small purchases. (4) The Procurement Director shall ensure that all Augusta-Richmond County specifications for goods and services do not contain any unnecessary impediment to LSB participation in the bid process. The DBE Coordinator will make recommendations to the Procurement Director when a specification appears to impede LSB’s from competitively participating in a bid. (5) For small purchases, quotations or informal bids, the Using Department will solicit bids from registered LSB’s to supply the required materials, equipment, supplies or services using the LSB Registry created and maintained by the DBE Coordinator (6) The DBE Coordinator will notify the Procurement Director whenever there are no registered LSB’s available for utilization on a project-by-project basis. The DBE Coordinator will attempt to identify qualified LSB’s, and if successful, will notify the Procurement Director of their registration and availability. The Procurement Director will include such LSB’s in bid/quote solicitation lists. C. PROCUREMENT DEPARTMENT BUYER’S RESPONSIBILITIES (1) For all purchases on which written bids are sought, registered LSB’s which are ready, willing and able to perform the required services or provide the required commodity will be solicited for a written quotation or bid. (2) Purchases from LSB’s shall be tracked by the buyer. D. MAINTENANCE OF RECORDS (1) The DBE Coordinator, with the assistance of the Department of Information Technology, shall compile data on LSB participation. Information on prime contract awards and subcontractor utilization will be maintained by the DBE Coordinator who will gather information from all user Departments on a quarterly basis. (2) LSB utilization statistics shall be maintained in the following manner: Attachment number 1 Page 15 of 20 Item # 17 13 ATLANTA:4939846.6 10/21/07 (a) Contracts and purchases shall be grouped into four categories: construction, professional services, general services and materials/equipment/supplies. (b) Statistics shall measure overall awards to LSB’s by category of purchase (i.e. construction, professional services, general services, and materials/equipment/supplies). (3) The following statistics shall be reported not less than annually to the Augusta- Richmond County Commission by the DBE Coordinator. (a) Regarding purchases of professional services, general services and material/equipment/supplies made through the competitive bid and quotation process: Total value of purchases Total value of purchases from LSB’s (b) Regarding small purchases by operating department using Agency Purchase Orders: Total value of small purchases by Augusta-Richmond County Department Total value of small purchases from LSB’s by Department (c) Regarding construction purchases: Total value of construction contract awards Total value of construction contracts awarded to LSB’s as prime contractors. Total value of subcontracts awarded to LSB’s E. COMPLIANCE (1) It will be the duty of the Procurement Director to ensure that bids or proposals issued from the Procurement Department adhere to the provisions set forth in this Policy. (2) The Procurement Director, and all department directors will assume responsibility for evaluating compliance with this program in their respective contract areas and will review, on a continuing basis, all aspects of the program’s operations to assure that the purpose is being attained and reporting same to the DBE Coordinator for tracking and annual report purposes. (3) Each Augusta-Richmond County contract will contain a provision requiring compliance with this policy including maintenance of records, good faith efforts, and maintenance of information necessary to document compliance, and include the right of the DBE Coordinator or Procurement Director, or their respective Attachment number 1 Page 16 of 20 Item # 17 14 ATLANTA:4939846.6 10/21/07 designees to inspect such records. The record will be a part of the official files located in the Procurement Office. (4) The DBE Coordinator shall be responsible for evaluating good faith efforts documentation and subcontractor information submitted by bidders in conformance with this policy, Augusta-Richmond County Code and any State and Federal Laws applicable to any bid specifications for competitive sealed bid or competitive sealed proposal projects prior to award of the contract. (5) Each Augusta-Richmond County contract will contain a provision prohibiting any agreements between a contractor and an LSB in which the LSB promises not to provide subcontracting quotations to other bidders or potential bidders. F. COMPETITIVE BIDS Nothing in this Policy is to be construed to require Augusta-Richmond County to award a bid contract to other than the lowest responsible bidder, or to require contractors to award to subcontractors, or to make significant material purchases from LSB’s who do not submit the best overall pricing to Augusta-Richmond County. G. OUTREACH To maximize the identification, certification and utilization of LSB’s, the following efforts will be undertaken by the DBE Coordinator: A. Increase efforts to locate and register additional vendors, service providers, and construction contractors that can provide goods and services for Augusta- Richmond County through media, vendor fairs, and electronic message boards. B. As GDOT, DOD and FAA certified construction contractors are located, invite local firms to register with Augusta-Richmond County in accordance with the requirements of this Article in order to create an enhanced resource to using departments, buyers and prime contractors to locate registered LSB’s for projects that can utilize LSB’s for a commercially useful function. C. Supply information to the Board of Commissioners regarding the ordinance and offer opportunities for ways in which the Board of Commission can be an advocate of the LSBOP. § 1-10-66. EXCEPTIONS – FEDERALLY FUNDED PROJECTS In accordance with §1-10-8, this chapter shall not apply to any bid or procurement to which federal or state laws, regulations or guidelines regarding the use of disadvantaged businesses or other requirements apply. Attachment number 1 Page 17 of 20 Item # 17 15 ATLANTA:4939846.6 10/21/07 § 1-10-67. CITIZENS ADVISORY COUNCIL LOCAL SMALL BUSINESS OPPORTUNITIES PROGRAM, CITIZENS ADVISORY COUNCIL (CAC) shall be constituted to advise the Commission and DBE Coordinator on matters related to this ordinance, and to meet with local small businesses, to review and provide input as to the issues in program administration. See Consolidation Act, Ga. Laws 1995, p. 3648, §1-40. Members are appointed by the Mayor, Commission and the Richmond County Legislative Delegation. A list of the appointees is maintained in the Clerk of Commission’s Office and is incorporated herein by reference. SECTION THREE That Chapter 10, Article One, Section 1-10-8 be amended by deleting the existing language in its entirety and inserting the following in lieu thereof: § 1-10-8. COMPLIANCE WITH STATE AND FEDERAL REQUIREMENTS When a procurement transaction involves the expenditure of State or Federal funds or financial assistance, the transaction shall be conducted in accordance with any applicable mandatory State or Federal laws and authorized regulations which are not reflected in this chapter. Notwithstanding the foregoing, where State and Federal assistance or contract funds are used in procurement transaction, any applicable local requirements that are more restrictive than State or Federal requirements but not in conflict therewith shall be followed. SECTION FOUR That Code Sections 1-10-63 through 1-10-66 shall be renumbered and redesignated as Code Sections 1-10-96 through 1-10-99, inclusive: § 1-10-96. AUTHORITY TO SUSPEND OR DEBAR FROM QUALIFIED BIDDER /PROPOSER LIST After reasonable notice to the person involved and reasonable opportunity for that person to be heard, the Augusta-Richmond County Commission is authorized to suspend or debar a person for cause from consideration for award of contracts. The suspension may be for a period of not more than three months. The debarment shall be for a period of not more than three years. The Augusta-Richmond County Administrator is authorized to suspend a person from consideration for award of contracts if there is any activity which might lead to debarment. The Administrator’s suspension shall be for a period not to exceed 30 days. Attachment number 1 Page 18 of 20 Item # 17 16 ATLANTA:4939846.6 10/21/07 § 1-10-97. CAUSES FOR SUSPENSION AND DEBARMENT The causes for suspension or debarment may include, but are not limited to: (a) conviction for the commission of a criminal offense as an incident to obtaining or attempting to obtain any public or private contract or subcontract, or in the performance of such contract or subcontract; (b) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, indicating a lack of business integrity or business honesty; (c) Conviction under state or federal antitrust statutes arising out of the submission of any bids or proposals; (d) Violation of prior Augusta-Richmond County contract provisions, as set forth below, of a character which is regarded by Augusta-Richmond County to be so serious as to justify suspension or debarment action, such as a deliberate failure without good cause to perform in accordance with the specifications or within the time limit provided in any prior Augusta- Richmond County contract; or a recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more Augusta-Richmond County contracts, provided that failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor shall not be considered to be basis for debarment; (e) Any other cause determined to be so serious and compelling that would materially affect or has materially affected the responsibility of a contractor in the performance of his duties under any contract, including debarment by another governmental entity for any cause listed in this chapter; and (f) For violation of any ethical standards set forth in Article 2 (Ethics in Public Contracting) of this chapter. § 1-10-98. DECISION TO SUSPEND OR DEBAR: Any decision to suspend or debar a person may be made by the Augusta-Richmond County Administrator or to recommend suspension or debarment to the Commission shall be in writing and shall state the reasons for the action or recommended action and inform the suspended person of their rights to an administrative appeal to the Commission. Any decision by the Commission to suspend or debar any person from the procurement process shall be on the record and in writing and shall state the reasons for the action taken. § 1-10-99. NOTICE OF DECISION A copy of the written decision required by § 1-10-98 (Decision to Suspend or Debar) shall be mailed by certified mail, return receipt requested, to the suspended or debarred person. Attachment number 1 Page 19 of 20 Item # 17 17 ATLANTA:4939846.6 10/21/07 SECTION FIVE. Upon the passage of an authorizing resolution and an adequate appropriation, Augusta shall conduct a Disparity Study to inquire into race and gender disparities which may or may not affect the further amendment to this ordinance. SECTION SIX. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. The foregoing Ordinance is hereby adopted by the Augusta-Richmond County Commission this ______ day of ___________, 2007. David S. Copenhaver Mayor ATTEST: Clerk First Reading: Second Reading: Attachment number 1 Page 20 of 20 Item # 17 CommissionMeetingAgenda 11/8/20072:00PM FinalYear2008AnnualActionPlan Department:Housing&CommunityDevelopment caption2:Motionto approveFinalVersionofYear2008Annual ActionPlanforCommunityDevelopmentBlockGrant (CDBG),EmergencyShelterGrant(ESG),HOME InvestmentPartnershipandHousingforPersonswith AIDS (HOPWA)funds.(ApprovedbyAdministrativeServices CommitteeOctober29,2007) Background: TheCityofAugusta,beinganentitlementcity,rec eives entitlementgrantsannuallyforCDBG,ESGandHOME fundsfromtheU.S.DepartmentofHousingandUrban Development(HUD).Forreceiptofthesefederalfun ds,they mustdevelopandfollowanapprovedConsolidatedPl an (CP).OnMarch29,2005,theCommissionapprovedt he City’s5-yearCPforyears2005-2009.Thisplancon tainsthe City’shousingandcommunitydevelopmentneedsand strategiesforaddressingthoseneedsoverthe5-ye arperiod. Eachyear,theCitymustdevelopaone-yearplano faction (ActionPlan)indicatingwhattheCityintendstod otocarry outthegoalsandobjectivesinits5-yearCP.TheActionPlan isalsotheCity’sapplicationforCDBG,ESGandHO ME fundsforwhichfundsareappliedforandreceived.On August13,2007,theProposedYear2008AnnualActi on PlanwaspresentedtotheAdministrativeServices Committeeforinformationalpurposes.Asrequiredb yHUD, theActionPlanwaspresentedtothepublicfora3 0-day reviewperiodcommencingAugust27,2007withthe deadlineforcommentsbeingSeptember30,2007.Pub lic noticeswerepublishedintheAugustaChronicleand Metro Courier.Inaddition,apublichearingwasheldAug ust27, 2007.Wearerequiredtosubmitthecitizens’com mentsto theCommissionforconsiderationandasummaryoft he commentstoHUDafterapprovalofthefinalAction Plan.TheCommissionmayacceptthecommentsas informationorrevisetheActionPlanbasedonthe comments Cover Memo Item # 18 received.Thecitizencommentsreceivedandstaff recommendationsareindicatedonAttachment#2.The only differencesbetweentheProposedandtheFinalActi onPlan budgetare:St.Stephen’sMinistryHOPWAbudgetwa s increasedfrom191,090to$282,180becausethisage ncy servesfour(4)counties;Burke,Columbia,McDuffie and Richmondcounties.HopeHealthHOPWAbudgetwas decreasedfrom$191,090to$100,000becausethisag ency onlyservestwo(2)counties;AikenandEdgefield.In addition,aCitizen’sAdvisoryCommitteememberhad severalquestionsrelatedtoseveralprojectsrevie wed.Acopy ofthequestionsandstaffresponsesarealsoinclu dedasa partofthecitizen’scommentattachment. Analysis:ApprovalandsubmittaloftheActionPlanwillenab lethe CitytoreceiveCDBG,ESG,HOMEandHOPWA entitlementfundsforYear2008tocarryoutmuchn eeded projectsforbenefitoflowincomepersonsandlow income areasoftheCity. FinancialImpact:ItisanticipatedtheCitywillreceiveandhaveav ailablea totalof$4,667,029inCDBG,ESG,HOME,HOPWAand programincomeforYear2008. Alternatives:1.ApproveYear2008budgetsasrecommendedandacc ept citizen’scommentsasinformation(Attachment#1–2008 BudgetsandAttachment#2–Citizenscomments).2.Revise budgetstakingintoconsiderationthecitizen’scom ments. Recommendation:RecommendthattheattachedYear2008CDBG,ESG, HOME&HOPWAPrograms'budgetsbeapprovedand submittedtoHUDastheCity’sYear2008AnnualAct ion Plan. Fundsare Availableinthe Following Accounts: $4,667,029anticipatedtobereceivedfromtheU.S. DepartmentofHousingandUrbanDevelopment. REVIEWEDANDAPPROVEDBY : Finance. Administrator. Cover Memo Item # 18 ClerkofCommission Cover Memo Item # 18 1 Attachment #1: 2008 Annual Action Plan Budgets 2008 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM B-08-MC-13-0004 Estimate $ Entitlement Grant (estimate) Program Income (estimate) Total Funds Anticipated to be Available $2,322,722 130,000 $2,452,722 IDIS # Project # PROJECTS Proposed Budget FINAL BUDGET Acquisition - $250,000 HCD Acquisition/Relocation 250,000 250,000 Public Facilities & Improvements - $500,000 Dover/Lyman Street Improvements 400,000 400,000 Shiloh Community Center Improvements 100,000 100,000 Clearance & Demolition Clearance & Demolition (License & Inspection) 100,000 100,000 Public Services - $300,000 ARC Meals-on-Wheels Program 45,000 45,000 Art Factory 15,000 15,000 Augusta Urban Ministries 15,000 15,000 CSRA Economic Opportunity Authority 13,000 13,000 Care Management Consultants 25,000 25,000 Coordinated Health Services 20,000 20,000 Lucy Laney Museum 15,000 15,000 Family Y 20,000 20,000 Golden Harvest Food Bank “Brown Bag” 25,000 25,000 JWC Helping Hands 5,000 5,000 Light of the World 6,000 6,000 New Bethlehem Center 10,000 10,000 New Savannah Road Social Services 10,000 10,000 Safe Homes 12,000 12,000 Salvation Army 15,000 15,000 Senior Citizens Council 14,000 14,000 Shiloh Community Center 10,000 10,000 Walton Options 25,000 25,000 Rehabilitation Housing Rehabilitation Program 450,000 450,000 Code Enforcement Code Enforcement (License & Inspection) 50,000 50,000 Economic Development Antioch Ministries 9,000 9,000 James Brown Blvd/Walton Way-Economic Development 303,178 Program Administration & Planning (20% cap $490,544) PROGRAM PLANNING & ADMINISTRATION (20%) - CDBG Admin - $485,544 - Fair Housing - $5,000 490,544 TOTAL $2,452,722 Attachment number 1 Page 1 of 2 Item # 18 2 2008 EMERGENCY SHELTER GRANT PROGRAM S-08-MC-13-0004 Entitlement Grant $100,630 IDIS # Project # PROJECTS Proposed Budget FINAL BUDGET Projects Augusta Urban Ministries 5,000 5,000 Beulah Grove Resource Center 5,000 5,000 Coordinated Health Services 8,000 8,000 CSRA EOA 10,000 10,000 Golden Harvest Food Bank 20,000 20,000 Hope House 10,000 10,000 Interfaith Hospitality 10,000 10,000 Safe Homes 17,599 17,599 Salvation Army “Employment Training” 10,000 10,000 Administration (5% allowed) Administration 5,031 5,031 TOTAL $100,630 $100,630 2008 HOME INVESTMENT PARTNERSHIP PROGRAM M-08-MC-13-0206 Estimate $ Entitlement Grant (estimate) 1,269,523 Program Income (estimate) 427,000 Sub-Total 1,696,523 ADDI 23,154 TOTAL 1,719,677 IDIS # Project # PROJECTS Proposed Budget FINAL BUDGET HOME Projects Homeownership Program 300,000 300,000 South Augusta Redevelopment 120,000 120,000 Neighborhood Redevelopment 702,967 702,967 Promise Land Community Development Corporation 150,000 150,000 American Dream Down Payment Initiative ADDI 23,154 23,154 CHDO Set-aside (20% - $253,904) CHDO set-aside (to be awarded upon CHDO certification) 253,904 253,904 Administration (10% - $169,652) Administration 169,652 169,652 TOTAL $ 1,719,677 $ 1,719,677 HOUSING OPPORTUNITIES FOR PERSONS WITH HIV/AIDS GA-H-08-F002 Entitlement Grant 394,000 IDIS # Project # PROJECTS Proposed Budget FINAL BUDGET Projects Hope Health 191,090 100,000 St. Stephens Ministry 191,090 282,180 Administration (3% allowed) Administration 11,820 11,820 TOTAL $ 394,000 $ 394,000 Attachment number 1 Page 2 of 2 Item # 18 1 Attachment #2: 2008 Citizen’s Comments # Comments/Questions/Concerns Staff Response/Recommendations 1. Agency: Hope House Request reconsideration of request for CDBG funds in the amount of $29,640. Funds were to be used for salary for nurse, therapist & houseparent. Agency submitted two (2) applications for CDBG funds; one for services at $29,640 and the other for $220,000 which would be used for acquisition and construction of 42 units of permanent housing for the homeless. This project is being funded from reprogrammed funds that were approved by Commission September 18, 2007 for $183,431.43. 2. Agency: Light of the World Neighborhood & Economic Development Requests $12,000 in CDBG funds to be used for salary of the administrator. Staff recommended $6,000 which will be used for: Salary for van driver & tutor $ 4,500 Gas for van $ 500 Materials/supplies $ 500 Utilities $ 500 Total $ 6,000 Staff has determined the above allocation is more than adequate for this agency. 3. Agency: Neighborhood Improvement Project Request reconsideration of request for CDBG funds in the amount of $24,395.42. Funds to be used for salary and fringe benefits. Because agency was unable to expend its 2005 funds, the funds were reprogrammed March 2007. At that time, the agency had unexpended 2007 funds also. Because of the slow expenditure of funds, staff determined agency could not expend funds in a timely manner. Therefore, funds were not awarded for 2008. 4. Agency: St. Stephens Ministry Requests reconsideration of request for ESG funds in the amount of $10,000. • Agency submitted a total Program budget of $260,976.20, but did indicate in the application what they wanted funded from ESG funds. Staff thought it was more appropriate to fund from HOPWA because HOPWA’ allocation is proposed to be $394,000, whereas the ESG allocation is proposed to be $100,630. Therefore, the agency would get more funds under HOPWA. Staff is proposing that agency receive $282,180 in HOPWA funds. 5. Agency: CAC member, Rita Washington The following questions concern the information booklet provided to the CAC which included information about each agency and their request for funds. Question #1: Page 1 – Dover/Lyman Street Improvements - $400,000 (CDBG) If project cost is 8 million dollars and local anticipated funding is 9 million, why are we funding an additional $400,000? Project appears to be over funded according to the information provided to the CAC. Response #1: From the cover sheet and page 12 of the application that the City’s Engineering Department submitted, it could be assumed that Engineering has $7,200,000-$9,000,000 to contribute to the project. However, Engineering does not have any committed funds for this project (see Attachment #1, page 12, item 16). Therefore, the only contribution toward this project is the CDBG funds for $400,000. The Engineering Department is hoping the City will contribute other funds, possibly SPLOST. Attachment number 2 Page 1 of 3 Item # 18 2 Continuation of Item #5 # Comments/Questions/Concerns Staff Response/Recommendations Question #2: Page 3 – Code Enforcement - $50,000 (CDBG) Project appears to have an extremely high administrative cost with all of the funding allocated to staff salaries. Is this a violation of the HUD regulations regarding caps on administrative costs? Response #2: The Community Development Block Grant (CDBG) program does have an administrative cap of 20% of the entitlement allocation plus program income for administrative expenses. The 20% administrative cap applies to the AHCD only. Subrecipients receiving CDBG funds are NOT subject to the cap. Code Enforcement is an eligible CDBG activity that does not fall under the administrative cap. With the CDBG funds, we are paying the salary of two (2) inspectors in the License and Inspection Department to enforce codes in low income neighborhoods only. Therefore, the salary costs are not expenditures under our CDBG administration budget but under the Code Enforcement activity 24 CFR 570.202 (c). Question #3: Page 12 – Care Management Consultants - $25,000 (CDBG) Why is insurance so costly (vehicle)? Response #3: Care Management Consultants provides transportation services “Care Xpress” for the elderly, frail elderly and the disabled. Customers are generally Medicaid clients who are provided transportation from nursing homes and individual homes to the hospital, to dialysis treatment centers and doctor appointments. The high expense for insurance costs is because the agency has coverage on five (5) vehicles and recently had an accident. The total insurance cost is $10,465 and CDBG funds will subsidize $5,000 of that cost. Question #4: Page 13 – Coordinated Health Services - $20,000 (CDBG) Why is medication costs the bulk of the expenditure when the primary project purpose is to provide exams and testing? Response #4: In addition to providing exams and testing, the agency provides treatment for health care problems for the homeless and low income persons who do not have insurance coverage. This clientele is unable to afford the medications required to address their medical problems. Therefore, the cost of medicine is a high expense for this agency. Question #5: Page 27 - Senior Citizen’s Council - $14,000 (CDBG) Why are utilities funded if the service is being provided in the homes of volunteers? Response #5: This was an error, the entire $14,000 will be used for salary and not any for utilities. Please see Attachment 5, page 4 of staff’s evaluation of this agency. 5. Question #6: Shiloh Comprehensive Community Center - $10,000 (CDBG) How are schools selected? Response #6: The schools Lucy Laney, T.W. Josey, Academy of Richmond County High, Murphy and Tubman Middles Schools are chosen because they are located in the general vicinity of the Shiloh Center. We did not select the schools. Attachment number 2 Page 2 of 3 Item # 18 3 Continuation of Item #5 # Comments/Questions/Concerns Staff Response/Recommendations 5. Question #7: Page 47 – Hope Health & Page 48 St. Stephens Ministry (HOPWA) Page 47 - Why are we funding Hope Health with $91,090 over their requested funding and not funding the excess to St. Stephens on Page 48? Response #7: On September 26, 2007, staff met with members of St. Stephens Ministry’s Board and its Director to reconsider their request. The Board reiterated that they serve four (4) counties; Burke, Columbia, McDuffie and Richmond, whereas, Hope Health only serves two (2) counties; Aiken and Edgefield. The City HOPWA funds are the primary source of funds for St. Stephens and they are critical for the operation of the agency. Therefore, staff has reconsidered and will recommend that St. Stephen’s allocation be increased to $282,180 and Hope Health’s allocation decreased to $100,000. Attachment number 2 Page 3 of 3 Item # 18 CommissionMeetingAgenda 11/8/20072:00PM ProfessionalCourtesy Department:ClerkofCommission caption2:Discussprofessionalcourtesyanddecorumwithempl oyees, departmentheads,andcommissioners.(Requestedby CommissionerHolland) Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 19 CommissionMeetingAgenda 11/8/20072:00PM Resolution-Year2008AnnualActionPlan Department:Housing&CommunityDevelopment caption2:Motionto approveResolutionauthorizingSubmissionYear 2008AnnualActionPlanforCommunityDevelopment BlockGrant(CDBG),EmergencyShelterGrant(ESG), HOMEInvestmentPartnershipsandHousingOpportunit ies forPersonswithAIDSFunds.(Approvedby AdministrativeServicesCommitteeOctober29,2007) Background:Asaprerequisiteforreceiptoffederalentitlemen tfunds,the CitymustsubmititsAnnualActionPlantotheU.S. DepartmentofHousingandUrbanDevelopment(HUD)f or approval.Thisresolutionauthorizesthesubmission ofthe plan. Analysis:ApprovalofthisresolutionwillenabletheCityto submitthe PlanandreceiveitsYear2008entitlementallocati onsfor CDBG,ESG,HOMEandHOPWAfunds. FinancialImpact:ItisanticipatedthattheCitywillreceiveandha veavailablea totalof$4,667,029foruseinYear2008.Thisamou nt includesCDBG,ESG,HOME,HOPWAentitlementfunds andprogramincome. Alternatives:Nonerecommended. Recommendation:ApproveattachedresolutionforsubmissionoftheC ity’s Year2008AnnualActionPlantoHUD. Fundsare Availableinthe Following Accounts: Cover Memo Item # 20 REVIEWEDANDAPPROVEDBY : Finance. Administrator. ClerkofCommission Cover Memo Item # 20 A RESOLUTION AUTHORIZING THE SUBMISSION OF THE ANNUAL ACTION PLAN FOR YEAR 2008 AND GRANTING THE AUTHORITY TO GIVE ASSURANCES AND CERTIFICATIONS AS REQUIRED BY THE SECRETARY OF THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND GRANTING THE AUTHORITY TO EXECUTE THE CONSOLIDATED PLAN AND ACTION PLAN AS APPROVED. WHEREAS, Augusta-Richmond County has availed itself of the provisions of the Housing and Community Development Act of 1974, as amended and the Housing and Community Development Act of 1987; and WHEREAS, it is necessary to submit a Year 2008 Action Plan as a prerequisite to receiving Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), Emergency Shelter Grants (ESG), and Housing Opportunities for Persons with AIDS (HOPWA) funds after public hearings have been held and projects suggested by citizens have been given careful and serious consideration; and WHEREAS, in order to expedite the orderly execution of the assurances, certifications and Grant Agreement, the Mayor is hereby given authority to provide such assurances, certifications and execute the Grant Agreement as required by the Secretary; and WHEREAS, in order to expedite the federal programs included in the plan, the Housing and Community Development Department is given authority to carry out the programs as approved by Augusta-Richmond County Commission. NOW, THEREFORE, BE IT RESOLVED: That the Mayor and the Housing and Community Development Department be authorized to prepare and submit the Year 2008 Action Plan and amendments thereto as well as provide the required assurances, certifications, and execution of the Grant Agreement; and BE IT FURTHER RESOLVED: That the Housing and Community Development Department be authorized to carry out the orderly execution of the Year 2008 Action Plan as approved by the Augusta-Richmond County Commission in compliance with all applicable law, rules, and regulations. ATTEST: AUGUSTA, GEORGIA BY: ___________________________________ David S. Copenhaver Mayor __________________________________ Lena J. Bonner Clerk of Commission CERTIFICATION I, Lena J. Bonner , Clerk of Commission, hereby certify that the above is a true and correct copy of a Resolution as adopted by said AUGUSTA-RICHMOND COUNTY COMMISSION in meeting held on November 8, 2007. S E A L ____________________________________ Lena J. Bonner Clerk of Commission Attachment number 1 Page 1 of 1 Item # 20 CommissionMeetingAgenda 11/8/20072:00PM TransferofDover-LymanPropertiesfromCitytoLan dBank Department:HousingandCommunityDevelopment caption2:Motionto approve thetransferfour(4)Citysurplus propertieslocatedintheDover-LymanareatoLand Bank AuthorityinsupportoftheDover-LymanProject RedevelopmentPlan.(ApprovedbyAdministrative ServicesCommitteeOctober29,2007) Background:TheLBAwascreatedtoserveasaredevelopmenttoo lfor turningaroundblightedareastolivableandproduc tive conditions.TheDover-Lymanareaischaracterized bya significantnumberofvacantlotsaccompaniedwith a numberofsubstandardandvacanthousingunits.A RedevelopmentPlanwasapprovedforpurposesof eliminatingsubstandardanddilapidatedhousinguni tsand increasehomeownership.Theplanconsistofcommu nity stabilizationandredevelopmentinitiativesthatin clude housingrehabilitationandnewconstruction. Analysis:Nineteentaxdelinquent,blightedandpropertieswe re purchasedinpartnershipwithAHCDDwiththeintent of disposingorsellingpropertiestointerestedparti es,forthe purposeofreturningthesenon-revenuegenerating,non-tax producingpropertiestoeffectivehousinguse.Wea re requestingthatfour(4)ofthepropertiesbetrans ferredtothe LBA.Thefour(4)propertieslistedbelowultimatel ywillbe soldtoandrehabilitatedbySouthAugustaRedevelo pment,a nonprofitorganization,intosinglefamilyhomes.1.)2533 DoverStreet2.)2541DoverStreet3.)2549DoverS treet4.) 2553DoverStreet FinancialImpact:Asgeneralredevelopmentstrategy,public/private partnershipswillleveragefundsandresources.The se propertieswillbeputbackontheactivetaxroll. Cover Memo Item # 21 Alternatives:Denytherequestandhindertheprogressofthepla n. Recommendation:Approvetherequesttotransferfour(4)properties fromthe CitytotheAugustaLandBank. Fundsare Availableinthe Following Accounts: Notranferoffundsinvolved. REVIEWEDANDAPPROVEDBY : Finance. Administrator. ClerkofCommission Cover Memo Item # 21 CommissionMeetingAgenda 11/8/20072:00PM EmeregencyResponseUnits(2) Department:RichmondCountySheriff'sOffice caption2:Approvethepurchaseoftwo(2)EmergencyResponse Units fortheRichmondCountySheriff'sOfficefor$41,05 8.82 ($20,529.41each)lowestbidonbid07-163. Background:TheRichmondCountySheriff'sOfficerequestthe acquisitionoftwo(2)EmergencyResponseUnits(ER U)for useduringemergencysituations.Theseunitscontai nheavy dutybarricadesthatRCSOpersonnelcandeployduri nga crisissituationtoprovidecontainmentofanarea andasafe routeforciviliansandvehiculartraffic.Theseuni tswereona listofequipmentawardedtoRCSOfromaFY2006 DepartmentofHomelandSecurityAward. Analysis:RichmondCounySheriff'sOfficesubmittedarequest for bidsthroughtheProcurementDepartmentutilizingt he DemandStarelectronicbidsystemwhichoffersnati onwide bidcoverage.TheProcurementDepartmentreceivedo nly onebidbackwhichwasfromCreativeBuildingProdu ctsof Ft.WayneIN. FinancialImpact:Thisisareimbursablecostforthisequipmentfrom aFY 2006DHSawardgrantedtoRCSOadministeredthrough GeorgiaEmergencyManagementAgency.Uponpurchase of theequipmentRCSOwillrequestareimbursementfor the purchase. Alternatives:None Recommendation:Approvethepurchaseoftwo(2)EmergencyResponse Units fromCreativeBuildingProductsofFtWayneINfor the purchasepriceof$41,058.82 Cover Memo Item # 22 Fundsare Availableinthe Following Accounts: Thefundsforthispurchaseareavailableinfund2 73032607 2007HomelandGrantBudget REVIEWEDANDAPPROVEDBY : Finance. Administrator. ClerkofCommission Cover Memo Item # 22 CommissionMeetingAgenda 11/8/20072:00PM Sheriff'sOfficeMDTReplacement Department:Sheriff'sOffice caption2:Motionto approvetheSheriff'sOfficepurchaseofnew MobileDataTerminalcomputerstoreplaceoldando bsolete laptopsinpatrolcars. Background:TheSheriff'sOfficefirstpurchasedMobileDataTe rminal LaptopsfortheirpatrolvehiclesinAprilof2000.Sincethat timetheselaptopcomputershavebeenutilizedbyt he deputiesinthefieldtorundriverlicensechecks,licenseplate checks,localinquiriesonpersonnelandstolenpro perty, enablingthemtohaveinstantaccessinthefield.This informationhasprovenvitaltotheSheriff'sOffic ein performingtheirdaytodayroutine.Theyhavein stant accesstocriminalhistories,outstandingwarrants,andother importantinformationthatiscrucialtolawenforc ement. Thesecomputersarecurrently7yearsoldandneed replacing.Thestandardlifecycleofacountycom puteris twotothreeyears.Byreplacingtheseoldandobs oleteunits wewillensurethattheSheriff'sOfficehasthemo stupto dateequipmentavailabletothemtohelpserveand protect thecitizensofRichmondCounty.Inorderforthe Sheriff's OfficetoreplacetheircurrentMobileDataTermina llaptops, wewillneedtopurchasethisnewequipmentfromMo torola. Thiswillbeasolesourcepurchasesincewecurren tly utilizingMotorolaequipmentinthepatrolvehicles . Analysis:Thisprojectwillcost$150,000.Thefundsforthis projectare availableintheFederalDrugFund.Fund211. FinancialImpact:None.TheMobileDateTerminalLaptopsaresevenye ars oldandneedtobereplaced. Alternatives:Approvethepurchaseofthenewcommunicationequip ment fortheSheriff'sOffice. Cover Memo Item # 23 Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : Finance. Administrator. ClerkofCommission Cover Memo Item # 23 CommissionMeetingAgenda 11/8/20072:00PM WirelessConsultantforWirelessCommunitiesGeorgi aProject Department:InformationTechnology caption2:ApprovetheselectionofCH2MHILLInc.forRFP#07-101, WirelessConsultant. Background:InformationTechnologycompletedagrantapplicatio nto TheGeorgiaTechnologyAuthority(GTA).Throughthi s application,Augustahasreceived$562,500fromGov ernor SonnyPerdue’sWirelessCommunitiesGeorgiaProgram (WCG).Thisfundingwillbeusedtoinstallafour (4)square milenetworkinthedowntownarea.Duetothevolat ile natureofthewirelessindustry,CH2MHILLInc.will be validatingtheapplication,theintendedfootprint ofthe networkandtheproposedbusinessmodel. Analysis:InNovemberof2006,theAugusta-RichmondCounty Commissionapprovedtheacceptanceoffundinginth e amountof$562,500fromWCGalongwithAugusta’s requiredmatchintheamountof$281,250.Withthe large amountofcapitalandin-kindcontributionsAugusta willbe investing,InformationTechnologyisrequestingthe assistanceofafirmthathasexpertiseinthiseme rgingfield. CH2MHILLInc.willbeassistingwiththedevelopmen tofa sustainablebusinessmodel,evaluatingtheproposed footprint,holdingfocusgroupdiscussionsandthe developmentofanyresultingRequestforProposals (RFP)or RequestforQualifications(RFQ).Additionally,CH2 MHill Inc.willbeprovidingaroadmapforprojectdeplo yment,a budgetandafinalreport.Aselectioncommitteewa sformed toevaluateresponsestoRFPItem#07-101,Wireless Consultant.Thecommitteehadrepresentationfrom InformationTechnologyandTheProcurementDepartme nt. Thecommitteereceivedbidsfromsix(6)companies.Ofthe six(6)respondents,three(3)wereidentifiedasq ualifying bids.Theselectioncommitteeunanimouslyagreedth at CH2MHILLInc.wasthebestqualifiedbidder. Cover Memo Item # 24 FinancialImpact:TheservicesprovidedunderthisRFPwillbeprovid edona fixedcostbasis.Thetotalcostforalldeliverabl esis$86,572. FundsareavailableinInformationTechnology’s200 7 approvedbudget. Alternatives:Implementtheprojectbasedonallmodelscontained within Augusta’sgrantapplicationwithoutexternalvalida tion. Recommendation:ApprovetheselectionofCH2MHILLInc.forRFP#07-101, WirelessConsultant. Fundsare Availableinthe Following Accounts: Fundsareavailableinaccount#2200154115211110 REVIEWEDANDAPPROVEDBY : Finance. Administrator. ClerkofCommission Cover Memo Item # 24 1 WIRELESS CONSULTANT SERVICES AGREEMENT THIS AGREEMENT made as of the _____ day of ______, 2007, by and between CH2M HILL Inc., a Florida corporation, with its place of business at 9191 South Jamaica Street, Englewood, CO 80112 (“CONSULTANT”) and Augusta, Georgia, a political subdivision of the State of Georgia, with its place of business at 530 Greene Street, Augusta, GA 30911 (“CLIENT”). This contract will operate in accordance with the Firm’s response to Augusta, GA RFP #07-101. In case of conflict between the final RFP response and this contract, this contract shall supersede all previous or contemporaneous negotiations, commitments, and writings with respect to matters set forth herein. It may only be modified in writing and must be signed by authorized representatives of both parties. NOW THEREFORE, the parties hereto agree as follows: ARTICLE 1. SCOPE OF SERVICES CONSULTANT will perform the Scope of Services set forth in Attachment A. ARTICLE 2. COMPENSATION CLIENT will compensate CONSULTANT as set forth in Attachment B. Work performed under this AGREEMENT may be performed using labor from affiliated companies of CONSULTANT. Such labor will be billed to CLIENT under the same billing terms applicable to CONSULTANT’s employees. ARTICLE 3. TERMS OF PAYMENT CLIENT will pay CONSULTANT as follows: 3.1 Invoices and Time of Payment CONSULTANT will issue monthly invoices pursuant to Attachment B when individual tasks are 100% complete. Invoices are due and payable within thirty (30) days of receipt. 3.2 Interest 3.2.1 CLIENT will be charged interest at the rate of 1-1/2% per month, or that permitted by law if lesser, on all past-due amounts starting sixty (60) days after receipt of invoice. Payments will first be credited to interest and then to principal. 3.2.2 In the event of a disputed billing, only the disputed portion will be withheld from payment, and CLIENT shall pay the undisputed portion. CLIENT will exercise reasonableness in disputing any bill or portion thereof. No interest will accrue on any disputed portion of the billing until mutually resolved. Attachment number 1 Page 1 of 18 Item # 24 2 3.2.3 If CLIENT fails to make payment in full within sixty (60) days of the date due for any undisputed billing, CONSULTANT may, after giving 7 days’ written notice to CLIENT, suspend services under this AGREEMENT until paid in full, including interest. In the event of suspension of services, CONSULTANT will have no liability to CLIENT for delays or damages caused by CLIENT because of such suspension. ARTICLE 4. OBLIGATIONS OF CONSULTANT 4.1 Standard of Care The standard of care applicable to CONSULTANT’s Services will be the degree of sill and diligence normally employed by professional consultants performing the same or similar Services at the time said services are performed. CONSULTANT will reperform any services not meeting this standard without additional compensation. 4.2 Opinions of Cost, Financial Considerations, and Schedules In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, CONSULTANT has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by operating personnel or third parties; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, CONSULTANT makes no warranty that CLIENT’s actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT’s opinions, analyses, projections, or estimates. If CLIENT wishes greater assurance as to any element of PROJECT cost, feasibility, or schedule, CLIENT will employ an independent cost estimator, contractor, or other appropriate advisor 4.3 Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. CONSULTANT is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. 4.4 Access to CONSULTANT’s Accounting Records CONSULTANT will maintain accounting records in accordance will generally accepted accounting principles. These records will be available to CLIENT during CONSULTANT’s normal business hours for a period of one (1) year after CONSULTANT’s final invoice for examination to the extent required to verify the direct costs (excluding established or standard allowances and rates) incurred hereunder. CLIENT may only audit accounting records applicable to cost-reimbursable type compensation. Attachment number 1 Page 2 of 18 Item # 24 3 4.5 CONSULTANT’s Insurance CONSULTANT will maintain throughout this AGREEMENT the following insurance: (a) Worker’s compensation and employer’s liability insurance as required by the state of Georgia. (b) Comprehensive automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, nonowned, or hired vehicles, with $1,000,000 combined single limits. (c) Commercial general liability insurance covering claims for injuries to members of the public or damage to property of others arising out of any covered negligent act or omission of CONSULTANT or of any of its employees, agent, or subcontractors, with $1,000,000 per occurrence and in the aggregate. (d) Professional liability insurance of $1,000,000 per occurrence and in the aggregate. (e) CLIENT will be named as an additional insured with respect to CONSULTANT’s liabilities hereunder in insurance coverages identified in items (b) and (c) and CONSULTANT waives subrogation against CLIENT as to said policies. ARTICLE 5. OBLIGATIONS OF CLIENT 5.1 CLIENT – Furnished Data CLIENT will provide CONSULTANT all data in CLIENT’s possession relating to CONSULTANT’s services on the PROJECT. CONSULTANT will reasonably rely upon the accuracy, timeliness, and completeness of information provided by CLIENT. 5.2 Access to Facilities and Property CLIENT will make its facilities accessible to CONSULTANT as required for CONSULTANT’s performance of its services and will provide labor and safety equipment as required by CONSULTANT for such access. CLIENT will perform, at no cost to CONSULTANT, such tests o equipment, machinery, pipelines, and other components of CLIENT’s facilities as may reasonably be required in connection with CONSULTANT’s services. 5.3 Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, CLIENT will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land easements, rights-of-way, and access necessary for CONSULTANT’s services or PROJECT construction. Attachment number 1 Page 3 of 18 Item # 24 4 5.4 Timely Review CLIENT will examine CONSULTANT’s studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as CLIENT deems appropriate; and render in writing decisions required by CLIENT in a timely manner. 5.5 Prompt Review CLIENT will give prompt written notice to CONSULTANT whenever CLIENT observes or becomes aware of any development that affects the scope or timing of CONSUTANT’s Services, or of any defect in the work of CONSULTANT or construction contractors. 5.6 Contractor Indemnification and Claims CLIENT agrees to include the following clause in all contracts to construction contractors, and equipment or materials suppliers: “Contractors, subcontractors, and equipment and material suppliers on the PROJECT, or their sureties, shall maintain no direct action against CONSULTANT, CONSULTANT’s officers, employees, affiliated corporations, and subcontractors for any claim arising out of, in connection with, or resulting from the consulting services performed. CLIENT will be the only beneficiary of any undertaking by CONSULTANT.” 5.7 CLIENT’s Insurance 5.7.1 CLIENT will maintain property insurance on all pre-existing physical facilities associated in any way with the PROJECT. 5.7.2 CLIENT will provide for a waiver of subrogation as to all CLIENT-carried property damage insurance, during construction and thereafter, in favor of CONSULTANT, CONSULTANT’s officers, employees, affiliates, and subcontractors. 5.8 Litigation Assistance The Scope of Services does not include costs of CONSULTANT for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by CLIENT. All such Services required or requested of CONSULTANT by CLIENT, except for suits or claims between the parties to this AGREEMENT, will be reimbursed as mutually agreed. 5.9 Changes CLIENT may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect CONSULTANT’s cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. Attachment number 1 Page 4 of 18 Item # 24 5 ARTICLE 6. GENERAL LEGAL PROVISIONS 6.1 Authorization to Proceed Execution of this AGREEMENT by CLIENT will be authorization for CONSULTANT to proceed with the work, unless otherwise provided for in this AGREEMENT. 6.2 Reuse of PROJECT Documents All reports, drawings, specifications, documents, and other deliverables of CONSULTANT, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. CLIENT agrees to indemnify CONSULTANT and CONSULTANT’s officers, employees, subcontractors, and affiliated corporations from all claims, damages, losses, and costs, including, but not limited to, litigation expenses and attorney’s fees arising out of or related to the unauthorized reuse, change or alteration or these PROJECT documents. 6.3 Force Majeure Neither party to this Agreement shall be liable to the other party hereto for loss or damage arising out of any delay or failure by such party in performing its obligations hereunder, if such delay or failure was the unavoidable consequence of a natural disaster, exercise of governmental power, strike or other labor disturbance, war, revolution, embargo, insurrection, operation of military forces, or other event or condition beyond the control of such party; provided that such party notifies the other party of its inability to perform and the reasons therefore, with reasonable promptness; and performs its obligations hereunder as soon as circumstances permit. Each of the parties hereto agrees to give notice forthwith to the other upon becoming aware of an Event of Force Majeure such notice to contain details of the circumstances giving rise to the Event of Force Majeure. If a default due to an Event of Force Majeure shall continue for more than three (3) months, the party not in default shall be entitled to terminate this Agreement as a result of an Event of Force Majeure. 6.4 Limitation of Liability 6.4.1 To the maximum extent permitted by law, CONSULTANT’s liability for CLIENT’s damages will not, in the aggregate, exceed $1,000,000. 6.4.2 This article takes precedence over any conflicting article of this AGREEMENT or any document incorporated into it or referenced by it. 6.4.3 This limitation of liability will apply whether CONSULTANT’s liability arises under breach of contract or warranty; tort; including negligence; strict liability; statutory liability; or any other cause of action, and shall include CONSULTANT’s officers, affiliated corporations, employees, and subcontractors. Attachment number 1 Page 5 of 18 Item # 24 6 6.5 Termination 6.5.1 This AGREEMENT may be terminated for convenience on sixty (60) days’ written notice or for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance within fifteen (15) days of written notice and diligently complete the correction thereafter. 6.5.2 On termination, CONSULTANT will be paid for all authorized services performed up to the termination date. 6.6 Suspension, Delay, or Interruption of Work CLIENT may suspend, delay, or interrupt the Services of CONSULTANT for the convenience of CLIENT. In such event, CONSULTANT’s contract price and schedule shall be equitably adjusted. 6.7 No Third-Party Beneficiaries This AGREEMENT gives no rights or benefits to anyone other than CLIENT and CONSULTANT and has no third-party beneficiaries. 6.8 Indemnification 6.8.1 CONSULTANT agrees to indemnify CLIENT for any claims, damages, losses, and costs, including, but not limited to, attorney’s fees and litigation costs, arising out of claims by third parties for property damage or bodily injury, including death, to the proportionate extent caused by the negligence or willful misconduct of CONSULTANT, CONSULTANT’s employees, affiliated corporations, and subcontractors in connections with the PROJECT. 6.8.2 CLIENT agrees to indemnify CONSULTANT from any claims, damages, losses, and costs, including but not limited to, attorney’s fees and litigation costs, arising out of claims by third parties for property damage or bodily injury, including death, to the proportionate extent caused by the negligence or willful misconduct of CLIENT, or its employees or contractors in connection with the PROJECT. 6.9 Assignment This is a bilateral personal Services AGREEMENT. Neither party shall have the power to or will assign any of the duties or rights or any claim arising out of or related to this AGREEMENT, whether arising in tort, contract or otherwise, without the written consent of the other party. Any unauthorized assignment is void and unenforceable. These conditions and the entire AGREEMENT are binding on the heirs, successors, and assigns of the parties hereto. 6.10 Consequential Damages To the maximum extent permitted by law, CONSULTANT and CONSULTANT’s affiliated corporations, officers, employees, and subcontractors shall not be liable for CLIENT’s special, indirect, or consequential damages, whether such damages arise out of breach of contract or Attachment number 1 Page 6 of 18 Item # 24 7 warranty, tort including negligence, strict or statutory liability, or any other cause or action. In order to protect CONSULTANT against indirect liability or third-party proceedings, CLIENT will indemnify CONSULTANT for any such damages. 6.11 Waiver CLIENT waives all claims against CONSULTANT including those for latent defects, that are not brought within two (2) years of final payment to CONSULTANT. 6.12 Jurisdiction This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia. All claims, disputes and other matters in question between CLIENT and CONSULTANT arising out of, or relating to, this Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. CONSULTANT, by executing this Agreement, specifically consents to venue and jurisdiction in Richmond County, Georgia and waives any right to contest jurisdiction and venue in said Court. 6.13 Severability and Survival 6.13.1 If any of the Provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable, the enforceability of the remaining provisions shall not be impaired thereby. 6.13.2 Limitations of liability, indemnities, and other express representations shall survive termination of this AGREEMENT for any cause. 6.14 CONSULTANT’s Deliverables CONSULTANT’s deliverables, including record drawings, are limited to the sealed and signed hard copies. Computer-generated drawing files furnished by CONSULTANT are for CLIENT or others’ convenience. Any conclusions or information derived or obtained from these files will be at user’s sole risk. 6.15 Dispute Resolution The parties will use their best efforts to resolve amicably any dispute, including use of alternative dispute resolution options. 6.16 Ownership of Work Product and Inventions All of the work product of the CONSULTANT in executing this PROJECT shall remain the property of CONSULTANT. CLIENT shall receive a perpetual, royalty-free, non-transferable, non-exclusive license to use the deliverables for the purpose for which they were intended. Any invention, patents, copyrights, computer software, or other intellectual property developed during the course of, or as a result of, the PROJECT shall remain the property of the CONSULTANT. Attachment number 1 Page 7 of 18 Item # 24 8 6.17 Employees During the term of this AGREEMENT and for a period of one year after completion of the PROJECT, neither party shall hire any employee of the other party without the prior written consent of both parties. 6.18 Open Records CONSULTANT acknowledges that this Agreement and certain documentation may be subject to the Georgia Open Records Act (O.C.G.A. § 50-18-70, et seq.) CONSULTANT shall cooperate fully in responding to such request and shall make all records, not exempt, available for inspection and copying as required by law. CONSULTANT shall clearly mark any information provided to CLIENT which the CLIENT contends is Proprietary or Confidential Information. Proprietary or Confidential information of the CONSULTANT is to be protected from public release if at all possible. CONSULTANT shall notify CLIENT immediately of any Open Records request arising out of this contract and shall provide to CLIENT a copy of any response to the same. 6.19 Notices All notices hereunder shall be in writing and shall be duly given if delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, to the respective addresses of the parties appearing on page one of this Agreement. Any notice given shall be deemed to have been received on the date, which it is delivered if delivered personally, or, if mailed, on the fifth business day next following the mailing thereof. Either party may change its address for notices by giving notice of such change as required in this Section. The originals to: IT Director 530 Greene Street, A-101 Augusta, GA 30911 ATTN: Tameka Allen Title: IT Director Telephone: 706.821.2522 Fax Number: 706.821.2530 Copies to: City Administrator 530 Greene Street, Room 801 Augusta, GA 30911 ATTN: Fred Russell Title: City Administrator Telephone: 706.821.2400 IT Assistant Director 530 Greene Street, A-101 Augusta, GA 30911 ATTN: Gary Hewett Title: IT Assistant Director Telephone: 706.821.2525 Fax Number: 706.821.2530 Attachment number 1 Page 8 of 18 Item # 24 9 ARTICLE 7. ATTACHMENTS, SCHEDULES, AND SIGNATURES This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and many only be changed by written amendment executed by both parties. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A – Scope of Services Attachment B – Compensation Attachment C – Project Specific Terms Attachment number 1 Page 9 of 18 Item # 24 10 IN WITNESS WHEREOF, this Agreement has been read, understood, and signed by duly authorized officials of CH2M HILL, Inc. and the City of Augusta. CH2M HILL, INC. CITY OF AUGUSTA: By: By: Name: Name: Deke Copenhaver Title: Title: Mayor Attest: By: Lena Bonner Title: Clerk of Commission Attachment number 1 Page 10 of 18 Item # 24 11 ATTACHMENT A SCOPE OF SERVICES This attachment is to the AGREEMENT between CH2M HILL, INC. (“CONSULTANT”), and City of Augusta, GA (“CLIENT”) for a PROJECT generally described as: advising and providing services to the development, configuration, vendor selection, deployment management and documentation of a wireless network covering a minimum of four (4) square miles. 1.0 Scope of Services CONSULTANT agrees to furnish CLIENT the following specific services: 1. Developing an initial process as it relates to defining the city’s initiative on objectives and policy. 2. Developing RFQs and RFPs as necessary for partner and vendor selection. 3. Evaluating the proposed footprint and identifying assets. Assets to include, but are not limited to, existing infrastructure, people, technology options and city programs. This evaluation process should involve focus group discussions with persons associated with local businesses, health care, educational, neighborhood associations and governmental agencies as defined by the Information Technology Department. 4. Evaluating the responses to any RFQ and RFP. 5. Identifying and recommending partners from the RFQ and RFP responses. 6. Developing a proposed budget. 7. Developing a sustainable business model. 8. Evaluating grant applications. 9. Preparing detailed reports on all findings and recommendations as they relate to defined milestones for the wireless broadband initiative. Including a comprehensive report to be presented to the City of Augusta Commission detailing the broadband wireless initiative as defined by the Information Technology Department. 2.0 Schedule In addition to the Scope of Services above, CONSULTANT has provided the following Estimated Level of Effort for the wireless network initiative, as well as a high-level draft schedule for delivering Required Services. CONSULTANT will make reasonable efforts to complete the work within this schedule and will keep CLIENT informed of progress toward that end so that the budget identified in Attachment B or work effort can be adjusted if found necessary. Attachment number 1 Page 11 of 18 Item # 24 12 Task Description Estimated Hours Task 1: Develop Initial Process 46 Task 2: Evaluate Proposed Footprint/Identify Assets 27 Task 3: Focus Group Discussions (See Attachment D) 32 Task 4: Develop Proposed Budget 24 Task 5: Develop Business Model 28 Task 6: Develop Required RFP/RFQ 60 Task 7: Evaluate Grant Applications 16 Task 8: Evaluate RFP/RFQ Responses 26 Task 9: Finalize Budget/Business Model 24 Task 10: Prepare Final Report 36 Task 11: Project Support 16 Total: 335 * The preceding estimate of 335 hours to perform the core consulting work does not include travel time to Augusta as required to perform the work. Attachment number 1 Page 12 of 18 Item # 24 13 ATTACHMENT B COMPENSATION Compensation by CLIENT to CONSULTANT will be as follows: 1.0 Cost Reimbursement-Per Diem (Time And Expense) For services identified in Attachment A, CONSULTANT’s fixed cost quote to Augusta is as follows. This quote is all-inclusive of labor, travel and other direct expenses such as report reproduction. Augusta Wireless Consultant Cost Per Task 01.01 - Develop Initial Process $ 6,648.00 01.02 - Evaluate Proposed Footprint/Identify Assets $ 6,093.00 01.03 - Focus Group Discussions $ 9,593.00 01.04 - Develop Proposed Budget $ 6,473.00 01.05 - Develop Business Model $ 6,473.00 01.06 - Develop RFPs/RFQs $ 13,748.00 01.07 - Evaluate Grant Applications - * $ - 01.08 - Evaluate RFP/RFQ Responses $ 9,518.00 01.09 - Finalize Budget/Business Model $ 4,768.00 01.10 - Prepare Report $ 9,967.00 Travel $ 13,091.00 Total Cost $ 86,572.00 * - No current grant review anticipated 2.0 Budget A budgetary amount of eighty-six thousand, five hundred seventy two dollars ($86,572.00), excluding taxes, is hereby established for the services in Attachment A. CONSULTANT will make reasonable efforts to complete the work within budget and keep CLIENT informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. CONSULTANT is not obligated to incur cost beyond the indicated budget, as may be adjusted, nor is the CLIENT obligated to pay CONSULTANT beyond this limit. Attachment number 1 Page 13 of 18 Item # 24 14 3.0 Per Diem Rates Per Diem Rates are those hourly or daily rates charges for work performed on the PROJECT by the CONSULTANT’s employees of the indicated classifications. These rates are subject to annual calendar year adjustments, which shall not exceed four percent per year; include all allowances for salary, overheads and fees; but do not include allowances for Direct Expenses and outside services. 4.0 Direct Expenses Direct expenses are those necessary costs and charges incurred for the PROJECT including, but not limited to the direct costs of mail, printing, reproduction, special CLIENT approved PROJECT specific insurance, letters of credit, bonds, and equipment and supplies. The costs for transportation using rental vehicles shall not exceed the actual cost of rental of a mid- size, 4-door automobile, plus gasoline at actual cost. Reimbursement of use of personal or CONSULTANT’s vehicle when in travel status of PROJECT work shall not exceed the allowable federal rate for mileage. Reimbursement for meals and lodging when in travel status for PROJECT work shall be at the per diem rates in then current Federal Travel Regulations CONUS, Augusta. Attachment number 1 Page 14 of 18 Item # 24 15 ATTACHMENT C PROJECT SPECIFIC TERMS CLIENT and CONSULTANT agree that the following provisions, changes and modifications are made a part of the AGREEMENT between CH2M HILL, INC., (“CONSULTANT”) and City of Augusta, GA (“CLIENT”) 1.0 Final Payment Upon completion of the Scope of Services, CONSULTANT will notify CLIENT in writing that the Scope of Services is complete and that final payment is due. If the Scope of Services has been completed in accordance with this AGREEMENT, final payment will be made within thirty (30) days of receipt of invoice from CONSULTANT. 2.0 Independent Contractor CONSULTANT is an independent contractor and will maintain complete control of and responsibility for its employees, subcontractor, and agents. CONSULTANT will also be responsible for the means and methods for carrying out the Scope of Services and for the safety of its employees. Nothing contained in this AGREEMENT will create any contractual relationship between CLIENT and CONSULTANT. 3.0 Codes, Laws, and Regulations CONSULTANT will comply with all applicable codes, laws, regulations, standards, and ordinances in force during the term of this AGREEMENT. 4.0 Publicity CONSULTANT will not disclose the nature of its Scope of Services on the PROJECT, or engage in any other publicity or public media disclosures with respect to this PROJECT without prior written consent of CLIENT. 5.0 Taxes and Fees Exemption It is hereby understood and recognized that the CLIENT is exempt from federal excise tax and 911 fees. 6.0 Nondisclosure Agreement To enable CONSULTANT to respond to the solicitation resulting in this AGREEMENT and to conduct activities related to the Statement of Work of this AGREEMENT may be necessary for CLIENT to disclose proprietary or confidential information to CONSULTANT. In that regard, CONSULTANT agrees, for a period of five (5) years from the date of disclosure of information identified as proprietary or confidential by CLIENT, that CONSULTANT will treat the information in the strictest confidence and will not disclose it to third parties unless the information: Attachment number 1 Page 15 of 18 Item # 24 16 (a) Was part of the public domain when received or becomes part of the public domain through no action or lack of action by the CONSULTANT. (b) Prior to disclosure, was already in CONSULTANT’s possession and not subject to an obligation of confidence imposed in another relationship. (c) Subsequent to disclosure, is obtained from a third party who is lawfully in possession of the information and not subject to a contractual relationship to CONSULTANT with respect to the information. Attachment number 1 Page 16 of 18 Item # 24 17 ATTACHMENT D FOCUS GROUP DISCUSSIONS CONSULTANT will begin work in CLIENT’s community by first working with CLIENT and local CONSULTANT staff to identify the community interest leaders who need to be consulted and engaged in the business model and RFP formulation. These individuals are: o City staff: IT staff, proposed wireless user groups from the organization, Public Information Officers or public relations staff and the Mayor’s office staff. o Commissioners: We would want to take the pulse of the commissioners, assure they have good information about the project to use as they describe the project to their constituent audiences, and learn from them who need to be involved in the interview or Focus Group sessions. o Identified Interest Leaders: These may be: individuals identified by the Commissioners, identified business interests, balanced community leadership and other resident user groups. The opening staff coordination and interview process assures that we build a community involvement process that best represents and connects to the interested Augusta community. Interest-Leader Interviews The project team plans to conduct approximately twelve interviews with identified interest leaders to ground the citizen involvement effort in current community interests and expectations. The interview step allows CONSULTANT to assess and unearth political and consumer preferences up front to provide qualitative information for consideration by the technical staff during the RFP design. The interview process is also used to develop a list of recommended citizens to use to seat the focus groups. Community Focus Groups CONSULTANT anticipate holding two to three focus groups; depending on the number and type of stakeholder interests identified during the interest-leaders interview and assessment. Each focus group would be comprised of approximately fifteen (15) participants sharing some common characteristic with regard to their prospective stake in the proposed Wi-Fi system. The focus groups will discuss issues unearthed in the system design - phase and react to sample options and service area information. The Focus Group information will assist the technical staff select final options and attributes of a community wireless system so that the RFP can best reflect the interests and wishes of prospective community users. Focus Group panels might be developed to represent (sample list): small business owners, educational users, public safety professionals, or church and community leaders. Attachment number 1 Page 17 of 18 Item # 24 18 Information Assembly and Reporting All interview notes, Focus Group reports and Participant lists and coordination information will be assembled for use by the project team and the client. This data will also be used, in combination with other demographic data, to evaluate the proposed service footprint and potentially propose alternatives. The overall goal is to produce a sustainable business model for the network and adjustments to the footprint may be required to achieve that goal. Attachment number 1 Page 18 of 18 Item # 24 CommissionMeetingAgenda 11/8/20072:00PM CSRACoalitionofAdvocatesfortheAging Department:ClerkofCommission caption2:Motionto approvearequestfromtheCSRACoalitionof AdvocatesfortheAgingregardingcitysponsorship through thepurchaseofticketsfortheir2007Legislative Breakfast. (ApprovedbyFinanceCommitteeOctober29,2007) Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 25 Attachment number 1 Page 1 of 2 Item # 25 Attachment number 1 Page 2 of 2 Item # 25 CommissionMeetingAgenda 11/8/20072:00PM CSRARegionalDevelopmentCenter Department:ClerkofCommission caption2:Motionto approvearequestfromtheCSRARegional DevelopmentCenterforcitysponsorshipthroughthe purchaseofticketsforthe46thAnnualConference. (ApprovedbyFinanceCommitteeOctober29,2007) Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 26 Attachment number 1 Page 1 of 1 Item # 26 CommissionMeetingAgenda 11/8/20072:00PM November2007RefundRequest Department:TaxAssessor-CalvinHicks,ChiefAppraiser caption2:Motionto approverefundrecommendationsfromtheBoard ofAssessorsforfour(4)accounts.(ApprovedbyFinance CommitteeOctober29,2007) Background:Seeattachment Analysis:Seeattachment FinancialImpact:Seeattachment Alternatives:None Recommendation:Seeattachment Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : Finance. Administrator. ClerkofCommission Cover Memo Item # 27 November 2007 REFUNDS Attachment page 1 of 1 Augusta Map 167-2, Parcel 43 This parcel should have been deeded to Augusta in 2006 per a Deed of Dedication, which this office did not pick up. As a result, the parcel was incorrectly priced as a residential lot. Pricing was corrected to reflect correct use. Grant refund for 2006 in the total amount of $207.90 (State $1.59, County $85.57, School $120.71). Balk, Betsy Map 13-1, Parcel 65 This parcel was created in error in 1982. Per actual plat recorded in 1982, this parcel should never have been created. Parcel was deleted for 2005, 2006 and 2007. Grant refund for 2005 and 2006 in the total amount of $380.06 (State $2.91, County $158.61; School $218.54). Lanier, James D. Map 190, Parcel 44.03 This mobile home should have been removed from real estate due to change in ownership in 2004. It has been transferred to a pre-bill mobile home account. Grant refund for 2006 in the total amount of $62.55 (State $0.48, County $25.75, School $36.32). Luke, James L. Map 180, Parcel 25.02 This mobile home was charged to both real estate and pre-bill in 2006. It h been removed from real estate since the owner does not qualify for a homestead exemptions. Grant refund for 2006 in the total amount of $34.70 (State $0.30, County $12.28, School $22.12). Attachment number 1 Page 1 of 1 Item # 27 CommissionMeetingAgenda 11/8/20072:00PM ReallocationofFunds Department:ClerkofCommission caption2:Motionto approvethereallocationof$175,000fromthe PersonnelServices&EmployeeBenefitsaccountsof AugustaPublicTransit.(ApprovedbyFinanceCommittee October29,2007) Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 28 Attachment number 1 Page 1 of 2 Item # 28 Attachment number 1 Page 2 of 2 Item # 28 CommissionMeetingAgenda 11/8/20072:00PM RevisedSPLOSTVContractorAgreementforOutsideA gencies Department:CountyAttorney caption2:Motionto approverevisedSPLOSTVandfutureSPLOST ContractorAgreementforOutsideAgencies.(Approvedby FinanceCommitteeOctober29,2007) Background:TheSPLOSTVContractorAgreementforoutsideagenc ies hasbeenrevisedtoaddSection2.4(A)whichrequi resthe contractortoprovideAugustaacopyofitsannual audit withinthirty(30)daysofthedeliveryofauditto contractor. Section2.4wasaddedtotheSPLOSTVAgreementswh ich hadbeensignedandexecutedforMachAcademy,Augu sta MuseumofHistory,AugustaMini-Theatre,LucyCraft LaneyMuseumofBlackHistoryandImperialTheatre.Per ARCCodeSection2-3-10,Augustaisrequiredtodo an annualauditofthefinancialaffairsandtransacti onsofall fundsandactivitiesofAugustaeachfiscalyearof thelocal government.Asstatedtherein,eachauditshallco ntaina statementofanyagreementorarrangementunderwhi ch Augustahasassumedtheactualorpotentialliabili tyofthe obligationsofanygovernmentalorprivateagency,authority orinstrumentality.Suchstatementshallincludeth epurpose oftheagreementorarrangement;shallidentifythe agency, authorityorinstrumentalityuponwhoseobligations Augusta isormaybecomeliableandshallstatetheamount ofactual liabilityandmaximumamountofpotentialliability of Augustaundertheagreementorarrangement. Analysis:Byaddingtheabovestatedsectiontothecitedagr eements andfutureSPLOSTcontractoragreementsforoutside agencies,Augustawillbeabletooverseethefinan cial administrationofallfundsdisbursedundertheSPL OSTV ContractoragreementandfutureSPLOSTagreementsi nthe mannerandtimelineagreedtobythepartiesinsai d agreement. Cover Memo Item # 29 FinancialImpact:N/A Alternatives:None Recommendation:ApprovetherevisedSPLOSTVContractorAgreementw ith theabovestatedadditionofSection2.4(A). Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : Administrator. ClerkofCommission Cover Memo Item # 29 CommissionMeetingAgenda 11/8/20072:00PM RoofReplacementforARCLumpkinRoadTagOfficean dBoardofElectionsWarehouse Department:BoardofElections caption2:Motionto approvetheawardofthecontracttoreplacethe roofontheARCLumpkinRoadTagOfficeandBoardo f ElectionsWarehousetothelowbidder,I&ESpecia lties, withabasebidof$48,235.00tobefundedfromCap ital Outlay.(ApprovedbyFinanceCommitteeOctober29, 2007) Background:Roofistheoriginalrooftothebuilding,whichwa s constructedin1976.Theexistingroofleaks.Sev eral attemptshavebeenmadetosealtheroof,butleaks persist. Analysis:Staffhasreviewedthereferencedandmaterialssub mittedby therecommendedcontractoronBidItem#07-155.We have determinedthatthefirmmeetsthequalificationsa ndhas compliedwiththetermsoftheRFB.Thelowbidwil lsave substantiallyonthecontractcost. FinancialImpact:Thecostofthecontractis$48,235.00 Alternatives:Notapprovetheawardandsubjectinteriorofbuild ingto furtherdamage. Recommendation:ApprovetheawardofthecontracttoI&ESpecialt ieswitha basebidof$48,235.00tobefundedfromCapitalOu tlay. Fundsare Availableinthe Following Accounts: 272-01-4110-54.13120 Cover Memo Item # 30 REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 30 Attachment number 1 Page 1 of 1 Item # 30 CommissionMeetingAgenda 11/8/20072:00PM TaxAllocationDistrict Department:Administrator caption2:Motionto approve aproposalforthecreationofatax allocationdistrictintheCityofAugusta.(Approvedby FinanceCommitteeOctober29,2007) Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : Administrator. ClerkofCommission Cover Memo Item # 31 Attachment number 1 Page 1 of 2 Item # 31 Attachment number 1 Page 2 of 2 Item # 31 CommissionMeetingAgenda 11/8/20072:00PM TaxManagementAssociates,Inc.Contract Department:BoardofAssessors-CharlesF.Smith,Chairmanand Calvin Hicks,ChiefAppraiser caption2:Motionto approverequestfromtheBoardofAssessorsfor outsidecontractservicesforDiscoveryofBusiness Personal PropertyAccounts.(ApprovedbyFinanceCommittee October29,2007) Background:RequestofChiefAppraiserapprovedbytheBoardof AssessorsinOctober,2007. Analysis:Seeattachedcontract FinancialImpact:Proposeddiscoveryofnewaccountswouldoffsetcos t.See contractterms Alternatives: Recommendation:Approvalofcontract-shouldresultinanincrease inrevenue fromthediscoveryofBusinessPersonalProperty Fundsare Availableinthe Following Accounts: Proposeddiscoveryofnewaccountswouldoffsetcos t.See contractterms REVIEWEDANDAPPROVEDBY : Finance. Administrator. ClerkofCommission Cover Memo Item # 32 Cover Memo Item # 32 Attachment number 1 Page 1 of 17 Item # 32 Attachment number 1 Page 2 of 17 Item # 32 Attachment number 1 Page 3 of 17 Item # 32 Attachment number 1 Page 4 of 17 Item # 32 Attachment number 1 Page 5 of 17 Item # 32 Attachment number 1 Page 6 of 17 Item # 32 Attachment number 1 Page 7 of 17 Item # 32 Attachment number 1 Page 8 of 17 Item # 32 Attachment number 1 Page 9 of 17 Item # 32 Attachment number 1 Page 10 of 17 Item # 32 Attachment number 1 Page 11 of 17 Item # 32 Attachment number 1 Page 12 of 17 Item # 32 Attachment number 1 Page 13 of 17 Item # 32 Attachment number 1 Page 14 of 17 Item # 32 Attachment number 1 Page 15 of 17 Item # 32 Attachment number 1 Page 16 of 17 Item # 32 Attachment number 1 Page 17 of 17 Item # 32 CommissionMeetingAgenda 11/8/20072:00PM ChangeOrder#1fortheFairingtonSanitarySewerE xtensionProject(50200) Department:Utilities caption2:MotiontoapproveChangeOrder#1toBlairConstruc tion CompanyInc.tomakefinalquantityadjustments(de ductions andoverruns)inaccordancewiththetermsoftheu nitprice contractaswellasaddtwonewunitpricelineite mstothe contract.(ApprovedbyEngineeringServicesCommittee October29,2007) Background:Afterconstructionwascompletedtherewerelineit emsthat werenotutilizedorfullybilledandwereremoved fromthe contract.Therewerealsosomelineitemsthatdid exceedthe contractquantitiesbutultimatelydidnotcauseth eprojectto exceedtheoriginalbudget.Inaddition,lineitems werenot includedwithintheoriginalcontract,butarenece ssaryfor completionoftheproject.Theseitemsincludethe asbestos watermaincrossings,andrevisedraisededgeaspha lt.These itemswillservetoimprovethesewerandwatersys temsand roadwaysinthearea. Analysis:Approvingthischangeorderwilladjustthefinalc ontract quantitiestomatchtheactualfinalquantitiesina ccordance withtheprovisionsoftheunitpricecontract. FinancialImpact:($432,863.01)creditedtothe2000BondIssue,unde r accountnumber509043420-5425210/80150200-5425210 Alternatives:Disapprovethischangeorderandriskdelaysincon tract closeoutandpotentialclaimfromtheContractor. Recommendation:ApproveChangeOrder#1inthedeductiveamountof ($432,863.01)toBlairConstructionCompanyInc.on the FairingtonSubdivisionSanitarySewerExtensionpro ject. Cover Memo Item # 33 Fundsare Availableinthe Following Accounts: Fundsareavailableinthefollowingaccounts:509-04- 3420/54-2521080150200/54-25210 REVIEWEDANDAPPROVEDBY : Finance. Procurement. Administrator. ClerkofCommission Cover Memo Item # 33 1 8 " P V C S a n i t a r y S e w e r , 0 - 6 ' C u t 20 0 7 L . F . $ 4 0 . 2 6 $ 8 0 , 8 0 1 . 8 2 1 8 4 2 $ 7 4 , 1 5 8 . 9 2 - $ 6 , 6 4 2 . 9 0 2 8 " P V C S a n i t a r y S e w e r , 6 - 8 ' C u t 17 2 9 7 L . F . $ 4 0 . 2 6 $ 6 9 6 , 3 7 7 . 2 2 1 6 0 7 0 $ 6 4 6 , 9 7 8 . 2 0 - $ 4 9 , 3 9 9 . 0 2 3 8 " P V C S a n i t a r y S e w e r , 8 - 1 0 ' C u t 14 4 2 4 L . F . $ 4 0 . 2 6 $ 5 8 0 , 7 1 0 . 2 4 1 3 6 9 6 $ 5 5 1 , 4 0 0 . 9 6 - $ 2 9 , 3 0 9 . 2 8 4 8 " P V C S a n i t a r y S e w e r , 1 0 - 1 2 ' C u t 57 3 8 L . F . $ 4 0 . 2 6 $ 2 3 1 , 0 1 1 . 8 8 6 9 9 2 $ 2 8 1 , 4 9 7 . 9 2 $ 5 0 , 4 8 6 . 0 4 5 8 " P V C S a n i t a r y S e w e r , 1 2 - 1 4 ' C u t 25 2 1 L . F . $ 4 0 . 2 6 $ 1 0 1 , 4 9 5 . 4 6 2 4 5 8 $ 9 8 , 9 5 9 . 0 8 - $ 2 , 5 3 6 . 3 8 6 8 " P V C S a n i t a r y S e w e r , 1 4 - 1 6 ' C u t 31 L . F . $ 4 0 . 2 6 $ 1 , 2 4 8 . 0 6 4 5 7 $ 1 8 , 3 9 8 . 8 2 $ 1 7 , 1 5 0 . 7 6 7 8 " D I P S a n i t a r y S e w e r , 0 - 6 ' C u t 58 2 L . F . $ 8 1 . 9 6 $ 4 7 , 7 0 0 . 7 2 5 4 9 $ 4 4 , 9 9 6 . 0 4 - $ 2 , 7 0 4 . 6 8 8 8 " D I P S a n i t a r y S e w e r , 6 - 8 ' C u t 26 0 L . F . $ 8 1 . 9 6 $ 2 1 , 3 0 9 . 6 0 2 4 3 $ 1 9 , 9 1 6 . 2 8 - $ 1 , 3 9 3 . 3 2 9 8 " D I P S a n i t a r y S e w e r , 8 - 1 0 ' C u t 17 8 L . F . $ 8 1 . 9 6 $ 1 4 , 5 8 8 . 8 8 2 8 7 $ 2 3 , 5 2 2 . 5 2 $ 8 , 9 3 3 . 6 4 10 8 " D I P S a n i t a r y S e w e r , 1 0 - 1 2 ' C u t 22 9 L . F . $ 8 1 . 9 6 $ 1 8 , 7 6 8 . 8 4 1 5 9 $ 1 3 , 0 3 1 . 6 4 - $ 5 , 7 3 7 . 2 0 11 8 " D I P S a n i t a r y S e w e r , 1 2 - 1 4 ' C u t 28 7 L . F . $ 8 1 . 9 6 $ 2 3 , 5 2 2 . 5 2 0 $ 0 . 0 0 - $ 2 3 , 5 2 2 . 5 2 12 8 " D I P S a n i t a r y S e w e r , 1 4 - 1 6 ' C u t 17 9 L . F . $ 8 1 . 9 6 $ 1 4 , 6 7 0 . 8 4 0 $ 0 . 0 0 - $ 1 4 , 6 7 0 . 8 4 14 P r e c a s t S a n i t a r y S e w e r M a n h o l e T y p e 1 0 - 6 ' D e p t h 18 4 E A $ 3 , 3 7 3 . 9 7 $ 6 2 0 , 8 1 0 . 4 8 1 7 8 $ 6 0 0 , 5 6 6 . 6 6 - $ 2 0 , 2 4 3 . 8 2 15 A d d i t i o n a l M a n h o l e d e p t h T y p e 1 20 9 V . F . $ 1 1 9 . 4 7 $ 2 4 , 9 6 9 . 2 3 2 4 4 . 9 $ 2 9 , 2 5 8 . 2 0 $ 4 , 2 8 8 . 9 7 16 A d d i t i o n a l M a n h o l e d e p t h T y p e 2 26 9 V . F . $ 1 1 9 . 4 7 $ 3 2 , 1 3 7 . 4 3 2 1 9 . 1 $ 2 6 , 1 7 5 . 8 8 - $ 5 , 9 6 1 . 5 5 17 6" S a n i t a r y S e w e r S e r v i c e s 73 5 E . A . $ 7 8 7 . 9 6 $ 5 7 9 , 1 5 0 . 6 0 7 1 2 $ 5 6 1 , 0 2 7 . 5 2 - $ 1 8 , 1 2 3 . 0 8 18 1 . 5 " A s p h a l t O v e r l a y 11 4 0 0 0 S Y $ 6 . 9 8 $ 7 9 5 , 7 2 0 . 0 0 1 2 4 7 6 8 . 9 7 $ 8 7 0 , 8 8 7 . 4 1 $ 7 5 , 1 6 7 . 41 19 A s p h a l t L e v e l i n g 50 0 T N $ 8 9 . 3 8 $ 4 4 , 6 9 0 . 0 0 8 5 0 $ 7 5 , 9 7 3 . 0 0 $ 3 1 , 2 8 3 . 0 0 13 Se l e c t B a c k f i l l - S a n d / C l a y 15 0 0 0 0 C . Y . $ 0 . 5 0 $ 7 5 , 0 0 0 . 0 0 6 7 5 $ 3 3 7 . 5 0 - $ 7 4 , 6 6 2 . 5 0 20 Gr a d e d A g g r e g a t e B a s e , 1 0 " T h i c k , 7 ' W i d e ( P - 2 M / P ) 58 0 0 0 T N $ 2 9 . 9 0 $ 1 , 7 3 4 , 2 0 0 . 0 0 5 5 8 6 1 . 7 6 $ 1 , 6 7 0 , 2 6 6 . 6 2 - $ 6 3 , 93 3 . 3 8 23 Cu r b & G u t t e r 95 0 0 L . F . $ 6 . 5 0 $ 6 1 , 7 5 0 . 0 0 4 0 $ 2 6 0 . 0 0 - $ 6 1 , 4 9 0 . 0 0 21 Mi l l i n g 0 " - 1 . 5 " 66 0 0 0 S Y $ 1 . 2 0 $ 7 9 , 2 0 0 . 0 0 0 $ 0 . 0 0 - $ 7 9 , 2 0 0 . 0 0 32 Cla s s A C o n c r e t e 50 0 C . Y . $ 5 0 . 0 0 $ 2 5 , 0 0 0 . 0 0 1 2 8 $ 6 , 4 0 0 . 0 0 - $ 1 8 , 6 0 0 . 0 0 34 AC W a t e r M a i n C r o s s i n g 4 E . A . $ 0 . 0 0 $ 0 . 0 0 0 $ 0 . 0 0 $ 0 . 0 0 22 Flo w a b l e F i l l 80 0 0 C . Y . $ 4 0 . 0 0 $ 3 2 0 , 0 0 0 . 0 0 0 $ 0 . 0 0 - $ 3 2 0 , 0 0 0 . 0 0 Fi n a l V a l u e Au g u s t a U t i l i t i e s D e p a r t m e n t Fa i r i n g t o n S u b d i v i s i o n S a n i t a r y S e w e r ( 5 0 2 0 0 ) Ch a n g e O r d e r N o . 1 ( F i n a l ) S u m m a r y Dif f e r e n c e ( C O V a l u e ) It e m N o . De s c r i p t i o n o f W o r k Or i g i n a l Q t y Un i t Un i t P r i c e Or i g i n a l S c h e d u l e d V a l u e Fi n a l Q t y 11 / 1 / 2 0 0 7 1 o f 3 PD F C o n v e r t . 5 6 8 8 . 1 . 5 0 2 0 0 F a i r i n g t o n C O 1 F i n a l 0 9 2 1 0 7 B l a ir . x l s , F i n a l C O 1 Attachment number 1 Page 1 of 3 Item # 33 Fi n a l V a l u e Au g u s t a U t i l i t i e s D e p a r t m e n t Fa i r i n g t o n S u b d i v i s i o n S a n i t a r y S e w e r ( 5 0 2 0 0 ) Ch a n g e O r d e r N o . 1 ( F i n a l ) S u m m a r y Dif f e r e n c e ( C O V a l u e ) It e m N o . De s c r i p t i o n o f W o r k Or i g i n a l Q t y Un i t Un i t P r i c e Or i g i n a l S c h e d u l e d V a l u e Fi n a l Q t y 25 Ro c k E x c a v a t i o n 10 0 C . Y . $ 5 0 . 0 0 $ 5 , 0 0 0 . 0 0 0 $ 0 . 0 0 - $ 5 , 0 0 0 . 0 0 24 Ra i s e d A s p h a l t E d g e 70 0 0 L . F . $ 4 . 2 5 $ 2 9 , 7 5 0 . 0 0 0 $ 0 . 0 0 - $ 2 9 , 7 5 0 . 0 0 26 Cle a r i n g a n d G r u b b i n g 6 A C $ 6 , 6 0 0 . 0 0 $ 3 9 , 6 0 0 . 0 0 6 $ 3 9 , 6 0 0 . 0 0 $ 0 . 0 0 27 15 " R C P S t o r r m D r a i n a g e P i p e 11 0 L . F . $ 1 5 . 2 6 $ 1 , 6 7 8 . 6 0 2 8 $ 4 2 7 . 2 8 - $ 1 , 2 5 1 . 3 2 28 18 " R C P S t o r r m D r a i n a g e P i p e 95 0 L . F . $ 1 6 . 6 5 $ 1 5 , 8 1 7 . 5 0 0 $ 0 . 0 0 - $ 1 5 , 8 1 7 . 5 0 29 24 " R C P S t o r r m D r a i n a g e P i p e 35 0 L . F . $ 2 0 . 3 9 $ 7 , 1 3 6 . 5 0 5 2 $ 1 , 0 6 0 . 2 8 - $ 6 , 0 7 6 . 2 2 30 36 " R C P S t o r r m D r a i n a g e P i p e 14 0 L . F . $ 3 5 . 8 9 $ 5 , 0 2 4 . 6 0 3 2 $ 1 , 1 4 8 . 4 8 - $ 3 , 8 7 6 . 1 2 31 42 " R C P S t o r r m D r a i n a g e P i p e 60 L . F . $ 4 8 . 8 2 $ 2 , 9 2 9 . 2 0 0 $ 0 . 0 0 - $ 2 , 9 2 9 . 2 0 33 Lu m p S u m C o n s t r u c t i o n 1 L . S . $ 5 0 8 , 5 0 0 . 0 0 $ 5 0 8 , 5 0 0 . 0 0 1 $ 5 0 8 , 5 0 0 . 0 0 $ 0 . 0 0 Su b t o t a l - O r i g i n a l C o n t r a c t $6 , 8 4 0 , 2 7 0 . 2 2 $ 6 , 1 6 4 , 7 4 9 . 2 1 - $ 6 7 5 , 5 2 1 . 0 1 Li n e I t e m C h a g e s t o B i d S c h e d u l e AC W a t e r M a i n C r o s s i n g 4 E . A . $ 2 , 5 0 0 . 0 0 $ 1 0 , 0 0 0 . 0 0 4 $ 1 0 , 0 0 0 . 0 0 $ 0 . 0 0 0 E . A . $ 3 , 0 9 0 . 3 7 $ 0 . 0 0 0 $ 0 . 0 0 $ 0 . 0 0 Ra i s e d A s p h a l t E d g e ( R e v i s e d p r i c e p e r l e t t e r t o A U D ) 0 L . F . $ 3 . 0 0 $ 0 . 0 0 8 0 8 8 6 $ 2 4 2 , 6 5 8 . 0 0 $ 2 4 2 , 6 5 8 . 0 0 Fin a l Q u a n t i t y A d j u s t m e n t s t o O r i g i n a l 3 4 L i n e I t e m s 0 L . S . - $ 6 7 5 , 5 2 1 . 0 1 $ 0 . 0 0 0 $ 0 . 0 0 $ 0 . 0 0 Su b t o t a l - L i n e I t e m C h a g e s t o B i d S c h e d u l e $1 0 , 0 0 0 . 0 0 $ 2 5 2 , 6 5 8 . 0 0 $ 2 4 2 , 6 5 8 . 0 0 Su b t o t a l - T o t a l C h a n g e t o O r i g i n a l C o n t r a c t $1 0 , 0 0 0 . 0 0 Or i g i n a l S c h e d u l e d V a l u e F i n a l V a l u e C O 1 T o t a l 11 / 1 / 2 0 0 7 2 o f 3 PD F C o n v e r t . 5 6 8 8 . 1 . 5 0 2 0 0 F a i r i n g t o n C O 1 F i n a l 0 9 2 1 0 7 B l a ir . x l s , F i n a l C O 1 Attachment number 1 Page 2 of 3 Item # 33 Fi n a l V a l u e Au g u s t a U t i l i t i e s D e p a r t m e n t Fa i r i n g t o n S u b d i v i s i o n S a n i t a r y S e w e r ( 5 0 2 0 0 ) Ch a n g e O r d e r N o . 1 ( F i n a l ) S u m m a r y Dif f e r e n c e ( C O V a l u e ) It e m N o . De s c r i p t i o n o f W o r k Or i g i n a l Q t y Un i t Un i t P r i c e Or i g i n a l S c h e d u l e d V a l u e Fi n a l Q t y GR A N D T O T A L S $6 , 8 5 0 , 2 7 0 . 2 2 $ 6 , 4 1 7 , 4 0 7 . 2 1 - $ 4 3 2 , 8 6 3 . 0 1 11 / 1 / 2 0 0 7 3 o f 3 PD F C o n v e r t . 5 6 8 8 . 1 . 5 0 2 0 0 F a i r i n g t o n C O 1 F i n a l 0 9 2 1 0 7 B l a ir . x l s , F i n a l C O 1 Attachment number 1 Page 3 of 3 Item # 33 CommissionMeetingAgenda 11/8/20072:00PM Condemnation-CharlesandRoseRobertson Department:CountyAttorney-StephenE.Shepard,Attorney caption2:Motionto authorizecondemnationofaportionofProperty# 013-3-009-00-0and013-3-016-00-01088AlexanderDr ive, whichisownedbyCharlesandRoseRobertsonfor2,492sq. FeetofPermanentEasement.PWProject:AlexanderD rive Project.(ApprovedbyEngineeringServicesCommittee October29,2007) Background:Theappraisedvalueoftheeasementis$55,610.00.Dueto counterofferof$100,400.00. 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 # 34 Attachment number 1 Page 1 of 1 Item # 34 CommissionMeetingAgenda 11/8/20072:00PM Condemnation-M.B.R.HoldingsLLC Department:CountyAttorney-StephenE.Shepard,Attorney caption2:Motionto authorizecondemnationofaportionofProperty# 059-0-013-03-0NewSavannahRoad,whichisownedby M.B.R.Holdings,L.L.C.for861Sq.Feetforaperm anent easement.AUDProject:60115.(ApprovedbyEngineering ServicesCommitteeOctober29,2007) Background:Theappraisedvalueoftheeasementis$418.00. 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 # 35 Attachment number 1 Page 1 of 1 Item # 35 CommissionMeetingAgenda 11/8/20072:00PM Condemnation-M.B.R.Holdings,L.L.C. Department:CountyAttorney-StephenE.Shepard,Attorney caption2:Motionto authorizecondemnationofaportionofProperty# 059-0-013-01-0516SkyviewDrive,whichisownedby M.B.R.Holdings,L.L.C.for228Sq.Feetforaperm anent easement.A.U.D.Project:60115.(Approvedby EngineeringServicesCommitteeOctober29,2007) Background:Theappraisedvalueoftheeasementis$91.00. Analysis:Condemnationisrequiredinordertoaquiretheeas ement. FinancialImpact:Thenecessarycostswillbecoveredbytheprojectb udget. Alternatives:Denyauthorizationtocondemn. Recommendation:Approveauthorizationtocondemn. Fundsare Availableinthe Following Accounts: G/L510043420-5411120J/L80250202-5411120 REVIEWEDANDAPPROVEDBY : Administrator. ClerkofCommission Cover Memo Item # 36 Attachment number 1 Page 1 of 1 Item # 36 CommissionMeetingAgenda 11/8/20072:00PM Condemnation-MichaelJones Department:CountyAttorney-StephenE.Shepard caption2:Motionto authorizecondemnationofaportionofproperty# 139-0-441-00-03848NewKarleenRoad,whichisowne dby MichaelJones,for300sq.feetoftemporaryeaseme nt.AUD project:50202HorsepenSanitarySewer,Phase2. (ApprovedbyEngineeringServicesCommitteeOctober 29,2007) Background:Theappraisedvalueoftheeasementis$8.00.Duet oa failuretonegotiateanagreement,itisnecessary toproceed withcondemnation. 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 # 37 Cover Memo Item # 37 Item # 37 Item # 37 CommissionMeetingAgenda 11/8/20072:00PM Condemnation-WandaEllison Department:CountyAttorney-StephenE.Shepard,Attorney caption2:Motionto authorize condemnationofaportionofproperty# 128-0-085-00-03633NewKarleenRoad,whichisowne dby WandaEllisonfor1,275sq.feetforapermanentea sement and854sq.feetoftemporaryeasement.AUDProject :50202 HorsepenSanitarySewer,Phase2.(Approvedby EngineeringServicesCommitteeOctober29,2007) Background:Theappraisedvalueoftheeasementis$340.00.Due toa failuretonegotiateanagreement,itisnecessary toproceed withcondemnation. Analysis:Condemnationisrequiredinordertoaquiretheeas ement. FinancialImpact:Thenecessarycostswillbecoveredbytheprojectb udget. Alternatives:Denytheauthorizationtocondemn. Recommendation:Approvetheauthorizationtocondemn. Fundsare Availableinthe Following Accounts: G/L510043420-5411120J/L80250202-5411120 REVIEWEDANDAPPROVEDBY : Administrator. ClerkofCommission Cover Memo Item # 38 Cover Memo Item # 38 Attachment number 1 Page 1 of 1 Item # 38 CommissionMeetingAgenda 11/8/20072:00PM Engineeringproposaltoidentifyalternativesfora ddressingpotentialNPDESPermitchanges. Department:Utilities caption2:Motionto approveaproposalforaProfessionalServices AgreementwithRothberg,Tamburini&Winsor,Inc.(RTW) toidentifyandevaluatealternativeapproachesfor addressing potentialchangestopermitsforthedischargeoft reated wastewaterfromAugusta'swaterpollutioncontrolp lants. (ApprovedbyEngineeringServicesCommitteeOctober 29,2007) Background:TheStateofGeorgiaisintheprocessofrevising standards forwaterqualityintheSavannahHarbor.Thesere visions willtriggeraseriesofactionsthatwillultimate lyresultin revisedpermitrequirementsforalldischargersint othe SavannahRiverfromClarksHillDamtotheocean.We havebeeninvolvedinthestandardsrevisionproces sandare awarethattheoutcomewillmostlikelyresultina reduction ofourdischargesallowedunderNationalPollutant Discharge EliminationSystem(NPDES)PermitsissuedtoAugust a. WehaverequestedaproposalfromRTWEngineeringt o evaluatepossibleapproachesavailabletoAugustat ocomply withthesenewrequirements.RTWhasproposedtop erform theseservicespertheattachedScopeofWorkfora lump sumfeeof$30,000.00. Analysis:Thecurrentstandardsrevisionprocesswillultimat elyresult inAugustanegotiatingtermsofanewNPDESPermit in whichwewillberequiredtoeitherrequestavaria nceor developapotentiallylong-termscheduletocomply with somedifficultrequirements.Theresultsofthisst udywould providevaluableinformationtoaidthosenegotiati onsby identifyingoptionsandprovidingpreliminarycost estimates forthoseoptions. FinancialImpact:$30,000.00fromAccount506043310/5212999 Cover Memo Item # 39 Alternatives:1)Approvethisagreementandproceedwiththestud y.2) Rejectthisproposalandproceedtonegotiationswi thoutan understandingofalternatives(notrecommended). Recommendation:WerecommendthattheCommissionaccepttheattache d proposalandauthorizetheMayortoexecuteaprofe ssional servicesagreementwithRothberg,Tamburini&Winso r,Inc. toperformtheattachedScopeofWorkforalumpsu mprice of$30,000.00. Fundsare Availableinthe Following Accounts: 506043310/5212999 REVIEWEDANDAPPROVEDBY : Finance. Procurement. Administrator. ClerkofCommission Cover Memo Item # 39 Attachment number 1 Page 1 of 5 Item # 39 Attachment number 1 Page 2 of 5 Item # 39 Attachment number 1 Page 3 of 5 Item # 39 Attachment number 1 Page 4 of 5 Item # 39 Item # 39 CommissionMeetingAgenda 11/8/20072:00PM Engineeringservicesinassociationimplementingth erecommendationsassociatedwiththe AugustaCanalBankStudy. Department:Utilities caption2:Motionto authorizeawardandexecutionofanengineering contractwithCranston,RobertsonandWhitehurstP.C.inthe amountof$124,170forprofessionalservicesinass ociation withengineeringforimplementingtherecommendatio ns associatedwiththeAugustaCanalBankStudy.(Approved byEngineeringServicesCommitteeOctober29,2007) Background:TheAugustaCommissionrecentlyauthorizedtheAugu sta UtilitiesDepartmenttoimplementtherecommendatio ns associatedwiththeAugustaCanalBankStudy.This agenda itembeginstheprocesswiththepreparationofdoc umentsto performfutureconstructioncontractsandotherass ociated work. Analysis:Theengineeringproposalencompassesthesurveying, design,andpreparationofconstructionplansand specificationsforimplementingofrecommendeditem s 1,2,3,4,and7oftheEngineeringStudy.Thoseitem sbeing: 1.Pre-emptivelyremovealldeadtrees,thoseleani ngatan angleofgreaterthan45degreesonthebackslope ofthe leveeembankmentandthatarefoundtobediseased.This willincluderemovingtherootballforanytreeov er6inches indiameter.Monitorthosetypesofsituationsont hefront slopeandusethescheduledemptyingofthecanalt oremove thosetrees.2.ImprovementstoReach7toaddress seepage, andincreaseslopestability,includingremovingtr eesfrom theembankmenttocleartheconstructionzonesasn eeded.3. Fieldinvestigationstoconfirmtheundercutsalong front slopeofcanalbankidentifiedassubstantialandp repare plansandspecificationsformostpracticalrepair techniques. 4.Correctiveactionplanforseepageareasidentif iedinstudy notwithinthelimitsofReach7.7.TrainingofAU D personneltoimplementInspectionandMaintenance Cover Memo Item # 40 Program.AlsoupdateEmergencyActionPlanandPubl ic SafetyPlan.Attachedwiththisagendaitemisthep roposal whichprovidesmoresdetailsofthescopeofservic esand associatedcostsofservices. FinancialImpact:Fundsfortheseengineeringservicescanbecharged tothe BondFund,accountnumber507043410-5425110/8032011 5- 5425110. Alternatives:Noalternativesarerecommended. Recommendation:WerecommendtheCommissionauthorizetheawardand executionofanengineeringcontractwithCranston, RobertsonandWhitehurstP.C.intheamountof$124 ,170 forprofessionalservicesinassociationwithengin eeringfor implementingtherecommendationsAugustaCanalBank Study. Fundsare Availableinthe Following Accounts: Fundsfortheseengineeringservicescanbecharged tothe BondFund,accountnumber507043410-5425110/8032011 5- 5425110. REVIEWEDANDAPPROVEDBY : Finance. Procurement. Administrator. ClerkofCommission Cover Memo Item # 40 Attachment number 1 Page 1 of 7 Item # 40 Attachment number 1 Page 2 of 7 Item # 40 Attachment number 1 Page 3 of 7 Item # 40 Attachment number 1 Page 4 of 7 Item # 40 Attachment number 1 Page 5 of 7 Item # 40 Attachment number 1 Page 6 of 7 Item # 40 Attachment number 1 Page 7 of 7 Item # 40 CommissionMeetingAgenda 11/8/20072:00PM IntergovernmentalAgreementregardinguseoftheLa neyStadiumFacilitiesandParkingLot Department:CountyAttorney caption2:Motionto approve allowingtheBoardofEducationand MCGtoworkoutacontractfortheuseoftheLaney Stadium FacilitiesandParkingLot;andLicenseAgreementr egarding useandcareoftheLaneyStadiumParkingLotbyMC G. (ApprovedbyEngineeringServicesCommitteeOctober 29,2007) Background:TheBoardofEducationofRichmondCounty("BOE"), currentlyownsandoperatesLaneyStadiumanditsf acilities andparkinglot.Augusta,Georgia("City"),would benefit fromtheoccasionaluseofLaneyStadiumanditsre lated facilities. Analysis:TheBoardofEducationiswillingtoenterintoan intergovernmentalagreementwiththeCity,enabling theCity tousethestadiumanditsfacilitiesatmutuallyb eneficial times. FinancialImpact:None Alternatives:Eitherapproveordenythemotiontoenterintothe IntergovernmentalAgreement. Recommendation:ApprovethemotiontoenterintotheIntergovernmen tal Agreement Fundsare Availableinthe Following Accounts: N/A Cover Memo Item # 41 REVIEWEDANDAPPROVEDBY : Administrator. ClerkofCommission Cover Memo Item # 41 Attachment number 1 Page 1 of 1 Item # 41 Attachment number 1 Page 1 of 1 Item # 41 Attachment number 1 Page 1 of 1 Item # 41 Attachment number 1 Page 1 of 1 Item # 41 Attachment number 1 Page 1 of 1 Item # 41 Attachment number 1 Page 1 of 1 Item # 41 Attachment number 1 Page 1 of 1 Item # 41 Attachment number 1 Page 1 of 1 Item # 41 Attachment number 1 Page 1 of 1 Item # 41 Attachment number 2 Page 1 of 17 Item # 41 Attachment number 2 Page 2 of 17 Item # 41 Attachment number 2 Page 3 of 17 Item # 41 Attachment number 2 Page 4 of 17 Item # 41 Attachment number 2 Page 5 of 17 Item # 41 Attachment number 2 Page 6 of 17 Item # 41 Attachment number 2 Page 7 of 17 Item # 41 Attachment number 2 Page 8 of 17 Item # 41 Attachment number 2 Page 9 of 17 Item # 41 Attachment number 2 Page 10 of 17 Item # 41 Attachment number 2 Page 11 of 17 Item # 41 Attachment number 2 Page 12 of 17 Item # 41 Attachment number 2 Page 13 of 17 Item # 41 Attachment number 2 Page 14 of 17 Item # 41 Attachment number 2 Page 15 of 17 Item # 41 Attachment number 2 Page 16 of 17 Item # 41 Attachment number 2 Page 17 of 17 Item # 41 CommissionMeetingAgenda 11/8/20072:00PM RoofReplacementforARCLumpkinRoadTagOfficean dBoardofElectionsWarehouse Department:BoardofElections caption2:Motionto approvetheawardofthecontracttoreplacethe roofontheARCLumpkinRoadTagOfficeandBoardo f ElectionsWarehousetothelowbidder,I&ESpecia lties, withabasebidof$48,235.00tobefundedfromCap ital Outlay.(ApprovedbyEngineeringServicesCommittee October29,2007) Background:Roofistheoriginalrooftothebuilding,whichwa s constructedin1976.Theexistingroofleaks.Sev eral attemptshavebeenmadetosealtheroof,butleaks persist. Analysis:Staffhasreviewedthereferencedandmaterialssub mittedby therecommendedcontractoronBidItem#07-155.We have determinedthatthefirmmeetsthequalificationsa ndhas compliedwiththetermsoftheRFB.Thelowbidwil lsave substantiallyonthecontractcost. FinancialImpact:Thecostofthecontractis$48,235.00 Alternatives:Notapprovetheawardandsubjectinteriorofbuild ingto furtherdamage. Recommendation:ApprovetheawardofthecontracttoI&ESpecialt ieswitha basebidof$48,235.00tobefundedfromCapitalOu tlay. Fundsare Availableinthe Following Accounts: 272-01-4110-54.13120 Cover Memo Item # 42 REVIEWEDANDAPPROVEDBY : Finance. Administrator. ClerkofCommission Cover Memo Item # 42 Attachment number 1 Page 1 of 1 Item # 42 CommissionMeetingAgenda 11/8/20072:00PM StorageWarehouseRoofReplacement Department:PublicServicesDepartment caption2:Motionto approvecontractwithI&ESpecialist,Inc.inthe amountof$36,700toreplacethestoragewarehouse roof locatedat2316TobaccoRoad.(ApprovedbyEngineering ServicesCommitteeOctober29,2007) Background:Theexistingroofisbeginningtoshowsignsofser ious deterioration.Thisfacilityisusedtostoremater ialsand suppliesthatareusedonadailybasis.Itisess entialthat thesesuppliesbeprotectedfromtheelements. Analysis:Sixfirmshadanopportunitytobidonthisproject .Threedid notbidandtwowerenotincompliance. FinancialImpact:I&ESpecialistInc.wasthelowestbidderat$36,70 0. Alternatives:NoneRecommended Recommendation:ApprovecontractwithI&ESpecialist,Inc.inthea mountof $36,700toreplacethestoragewarehouserooflocat edat 2316TobaccoRoad. Fundsare Availableinthe Following Accounts: FundingforthisprojectisavailableinSPLOST,Ph aseIGL 272-01-6215JL207-27-2008 REVIEWEDANDAPPROVEDBY : Finance. Cover Memo Item # 43 Administrator. ClerkofCommission Cover Memo Item # 43 CommissionMeetingAgenda 11/8/20072:00PM Minutes Department:ClerkofCommission caption2:Motiontoapprovetheminutesoftheregularmeetin gofthe CommissionheldonOctober16,2007. Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 44 CommissionMeetingAgenda 11/8/20072:00PM LawStudySubcommittee Department: caption2:Motionto approvethesalaryofthepositionofGeneral Counsel. Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 45 CommissionMeetingAgenda 11/8/20072:00PM FinanceDirector Department: caption2:Motionto approve therecommendationoftheAdministrator toappointMs.DonnaWilliamstothepositionofFi nance Director. 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 CommissionMeetingAgenda 11/8/20072:00PM DragStripStudy Department: caption2:DiscusstheFeasibilityStudyforBuildingandOper atinga ProfessionalLevelDragStrip.(Requestedby CommissionerAndyCheek) Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 47 Attachment number 1 Page 1 of 18 Item # 47 Attachment number 1 Page 2 of 18 Item # 47 Attachment number 1 Page 3 of 18 Item # 47 Attachment number 1 Page 4 of 18 Item # 47 Attachment number 1 Page 5 of 18 Item # 47 Attachment number 1 Page 6 of 18 Item # 47 Attachment number 1 Page 7 of 18 Item # 47 Attachment number 1 Page 8 of 18 Item # 47 Attachment number 1 Page 9 of 18 Item # 47 Attachment number 1 Page 10 of 18 Item # 47 Attachment number 1 Page 11 of 18 Item # 47 Attachment number 1 Page 12 of 18 Item # 47 Attachment number 1 Page 13 of 18 Item # 47 Attachment number 1 Page 14 of 18 Item # 47 Attachment number 1 Page 15 of 18 Item # 47 Attachment number 1 Page 16 of 18 Item # 47 Attachment number 1 Page 17 of 18 Item # 47 Attachment number 1 Page 18 of 18 Item # 47 CommissionMeetingAgenda 11/8/20072:00PM FifthandReynoldsStreetProperty Department:ClerkofCommission caption2:UpdatefromtheAdministratorregardingtheFiftha nd ReynoldsStreetlandtransaction.(Requestedby CommissionerWilliams) Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 48 CommissionMeetingAgenda 11/8/20072:00PM ThirdLevelCanal Department: caption2:Motionto approvetheappointmentofMargaretWoodardas Co-chairoftheAugustaThirdCanalTaskForcedue tothe deathofCharlesDeVaney.(RequestedbyMayorProTem BettyBeard) Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 49 Attachment number 1 Page 1 of 2 Item # 49 Attachment number 1 Page 2 of 2 Item # 49 CommissionMeetingAgenda 11/8/20072:00PM Affidavit Department:ClerkofCommission caption2:MotiontoapproveexecutionbytheMayoroftheaff idavitof compliancewithGeorgia'sOpenMeetingAct. Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 50