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HomeMy WebLinkAbout2008-08-05-Meeting Agenda Commission Meeting Agenda Commission Chamber 8/5/2008 2:00 PM INVOCATION: Reverend John Tinson, Pastor Aldersgate United Methodist Church. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. PRESENTATION(S) A. Presentation to Augusta Utilities Department by the Georgia Association of Water Professions (GAWP). Attachments RECOGNITION(S) Augusta Recreation B. Augusta Recreation and Parks Augusta All-Stars 2008 Georgia Recreation and Parks Association Class A Junior Girls (13-14) Fast Pitch Softball State Champions and the West Augusta - All Stars 2008 Georgia Recreation and Parks Association Class A Junior Boys (13-14) State Baseball Champions. Attachments CONSENT AGENDA (Items 1-34) PLANNING 1. ZA-R-191 – A request for concurrence with the Augusta- Richmond County Planning Commission to approve an amendment to the Comprehensive Zoning Ordinance for Augusta- Richmond County by amending Section 8-2 (Special Exception) regarding the average gross floor area of one family detached Attachments dwellings. (Approved by Commission July 10th - second reading) 2. ZA-R-192 – A request for concurrence with the Augusta- Richmond County Planning Commission to approve an amendment to the Comprehensive Zoning Ordinance for Augusta- Richmond County by amending Section 3-12 (Special Building Setbacks). (Approved by the Commission July 10th - second reading) Attachments 3. ZA-R-190 – A request for concurrence with the Augusta- Richmond County Planning Commission to approve an amendment to the Comprehensive Zoning Ordinance for Augusta- Richmond County by amending Section 8-1 (Permitted Uses) regarding the average gross floor area of one family detached dwellings. (Approved by the Commission July 10th - second reading) Attachments 4. SPA-08 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve an amendment to the Site Plan Regulations for Augusta-Richmond County by amending Section 202-E regarding the required number of plans to be submitted. (Approved by the Commission July 10th - second reading) Attachments 5. SA-45 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve an amendment to the Subdivision Regulation for Augusta-Richmond County by amending Section 201-D and 202-B regarding the required number of plans to be submitted. (Approved by the Commission July 10th - second reading) Attachments PUBLIC SERVICES 6. Motion to approve New Ownership Application: A. N. 08 - 33: request by Tae Ho Ji for a retail package Beer & Wine license to be used in connection with Kind Grocery located at 2062 Old Attachments Savannah Rd. District 2. Super District 9. (Approved by Public Services Committee July 28, 2008) 7. Motion to approve a New Ownership Application: A. N. 08 - 34: request by Melissa Ruiz for an on premise consumption Liquor, Beer & Wine license to be used in connection with Mi Rancho Mexican Restaurant located at 3064 Washington Rd. There will be Sunday Sales. District 7. Super District 10. (Approved by Public Services Committee July 28, 2008) Attachments 8. Motion to approve the renewal of wellness and recreation contracts with CSRA RDC for senior services in Richmond County. (Approved by Public Services Committee July 28, 2008) Attachments 9. Motion to approve a Cooperative Agreement for Senior Nutrition Services with CSRA-RDC for 2009. (Approved by Public Servcies Comimittee July 28, 2008) Attachments 10. Motion to approve forfeiture of Surety Bond for Mr. Christopher Gibson and Mrs. Shannon Gibson, d/b/a Gibson Home Improvement. (Approved by Public Services Committee July 28, 2008) Attachments 11. Motion to approve the General Services Administration Terminal Space Lease Agreement. (Approved by Public Services Committee July 28, 2008) Attachments 12. Motion to approve an Ordinance to amend the County of Augusta, Georgia Code to add a new Article 5 entitled Pedicab Service; to provide for the operation and regulation of pedicabs in the Augusta-Richmond County Downtown Business District, to repeal all Ordinances in conflict herewith, to provide an effective date, and for other purposes. (Approved by the Commission July 10th-second reading) Attachments 13. Motion to approve a request for the addition of six (6) part time personnel to oversee the ops/security center as mandated by the Transportation Security Administration (TSA). (Approved by Public Services Committee July 28, 2008) Attachments 14. Motion to approve the Memorandum and third Amendment to the Verizon Wireless Co-Location Lease Agreement. (Approved by Public Services Committee July 28, 2008) Attachments ADMINISTRATIVE SERVICES 15. Motion to approve a Resolution recognizing the High School/High Tech Program and authorizing Augusta-Richmond County, Georgia to contribute the amount of $2094.97 to the organization; and for other purposes. (Approved by Administrative Services and Finance Committees July 28, 2008) Attachments FINANCE 16. Motion to approve purchase of property located at 842 Greene Street (Tax Map/Parcel: 047-1-213-00-0) by Augusta, Georgia from Augusta Properties, Ltd. by exchanging property Augusta located as 1328 Baker Avenue and the payment of the sum of $487,000.00.(Approved by Finance Committee July 28, 2008) Attachments 17. Motion to approve a request from the Angelic Community Resource Development, Inc. regarding city sponsorship through the purchase of tickets for the 5th Annual Barbers' Ball. (Approved by Finance Committee July 28, 2008) Attachments 18. Motion to deny a request from Leo Ghitter for removal of tax penalty and interest on the property of Augusta Mobile Manor LLC located at 1923 Barton Chapel Road. (Approved by Finance Committee July 28, 2008) Attachments 19. Motion to approve a request from Wells Fargo Financial Leasing regarding a refund of taxes associated with the value of personal property (computer software) that was returned as computer equipment. (Approved by Finance Committee July 28, 2008) Attachments ENGINEERING SERVICES 20. Motion to approve an Option for the purpose of acquiring a Right-of-Way between Joe W. Hamilton, as owner, and Augusta, Georgia, as optionee, in connection with the Alexander Drive Project, 0.071 acre (3,082.24 sq. ft) in fee and 0.030 acre (1,315.26 sq. ft.) of permanent construction & maintenance easement from the property located at 1044 Alexander Drive at a purchase price of $29,768.00. (Approved by Engineering Services Committee July 28, 2008) Attachments 21. Motion to authorize condemnation of a portion of Preperty # 144- 0-060-00-0 Phinizy Road which is owned by Carolyn L. Barnes, Teresa L. Meadows and Gerald E. Meadows for 5,843 Sq. Feet of a Permanent Easement and 2,598 Sq. Feet of a Temporary Construction Easement. AUD Project: 60107 - Butler Creek Upgrade East. (Approved by Engineering Services Committee July 28, 2008) Attachments 22. Motion to authorize condemnation of a portion of Property # 013- 1-002-05-0 1034 Alexander Drive, which is owned by Cliff Channell for 52,217 Sq. Feet of Right-of-Way and 83,136 Sq. Feet for a Permanent Easement. PW Project: Alexander Drive Project No. 323-04-296823215. (Approved by Engineering Services Committee July 28,2008) Attachments 23. Motion to authorize condemnation of a portion of Property # 013- 1-124-00-0 2506 Commons Trace which is owned by J.W. Greenway Company for 479 Sq. Feet of Right-of-Way and 292 Sq. Feet Permanent Easement. PW Project: Alexander Drive Project. (Approved by Engineering Services Committee July Attachments 28, 2008) 24. Motion to authorize condemnation of a portion of Property # 144- 0-010-00-0 1906 Phinizy Road which is owned by Larry G. Ennis for 2,223 Sq. Feet of Temporary Easement; and Property # 144-0- 021-05-0 Pircle Lane which is also owned by Larry G. Ennis for 14,031 Sq. Feet of Permanent Easement and 1,608 Sq. Feet of a Temporary Easement. AUD Project: 60107 - Butler Creek Upgrade East. (Approved by Engineering Services Committee July 28, 2008) Attachments 25. Motion to authorize a portion of property # 013-1-123-00-0 2504 Commons Trace, which is owned by Nex Ventures Realty, Inc. for 1,430.78 Sq. Feet of Right-of-way and 418.38 Sq. Feet of Permanent easement. PW Project: Alexander Drive Project. (Approveed by Engineering Services Committee July 28, 2008) Attachments 26. Motion to approve extending the contract for management of the Marriott Riverfront Hotel parking facility with Republic Parking System for a period of two years. The total annual contract cost is estimated to be $211,000 which includes the actual cost of operations, plus the $25,000 management fee. This contract extension is for the period from February 1, 2009 through January 31, 2011. (Approved by Engineering Services Committee July 28, 2008) Attachments 27. Motion to approve beginning the process of the closure of McCarthy Drive. (Approved by Engineering Services Committee July 28,2008) Attachments 28. Motion to approve Memorandum of Understanding for the James Brown Streetscape Project. (Approved by Engineering Services Committee July 28, 2008) Attachments 29. Motion to approve bid and award contract in the amount of $47,322.50 for removal of 25 hazardous trees to the lowest bidder, Empire Tree and Turf. (Approved by Engineering Services Committee July 28, 2008) Attachments 30. Motion to approve a request to return to donor, George E. Perkins, Sr., a .07 acre portion of right of way previously donated to County on August 23, 1978. Roadway has been modified in the past such that this portion of property is no longer needed for government use. (Approved by Engineering Services Committee July 28, 2008) Attachments 31. Motion to increase the rates for providing street lights in the suburban districts as requested by the Traffic Engineering Section. (Approved by Engineering Services Committee July 28, 2008) Attachments 32. Motion to authorize Traffic Engineering to purchase/replace 25 Roadside Traffic Counters and Recorders from Control Specialists Company in the amount of $23,125. (Approved by Engineering Services Committee July 28, 2008) Attachments 33. Motion to approve contract with Logicalis, Inc. to provide Call Center Management Software and Implementation Services to Augusta. (Approved by Engineering Services Committee July 28, 2008) Attachments PETITIONS AND COMMUNICATIONS 34. Motion to approve the minutes of the regular meeting of the Commission held on July 10th and the Special Called meeting held July 28, 2008. Attachments ****END CONSENT AGENDA**** AUGUSTA COMMISSION 8/5/2008 Upcoming Meetings www.augustaga.gov AUGUSTA COMMISSION REGULAR AGENDA 8/5/2008 (Items 35-37) PUBLIC SERVICES 35. Motion to approve the award of Bid Item 08-105, Re-roofing of The Boathouse Community Center, to I & E Specialties for $94,348.00. (No recommendation from Public Services Committee July 28, 2008) Attachments PETITIONS AND COMMUNICATIONS 36. Motion to approve a resolution recognizing the CSRA Youth At Risk Task Force Program and the support of their initiatives by the Augusta Commission. Attachments LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 37. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Commission Meeting Agenda 8/5/2008 2:00 PM Invocation Department: Caption:Reverend John Tinson, Pastor Aldersgate United Methodist Church. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 1 Commission Meeting Agenda 8/5/2008 2:00 PM Augusta Utilities Department Department: Caption:Presentation to Augusta Utilities Department by the Georgia Association of Water Professions (GAWP). Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 2 Commission Meeting Agenda 8/5/2008 2:00 PM Augusta Recreation Department: Caption:Augusta Recreation and Parks Augusta All-Stars 2008 Georgia Recreation and Parks Association Class A Junior Girls (13-14) Fast Pitch Softball State Champions and the West Augusta - All Stars 2008 Georgia Recreation and Parks Association Class A Junior Boys (13-14) State Baseball Champions. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 3 Commission Meeting Agenda 8/5/2008 2:00 PM Planning Commission Department:Planning Commission Caption: ZA-R-191 – A request for concurrence with the Augusta- Richmond County Planning Commission to approve an amendment to the Comprehensive Zoning Ordinance for Augusta-Richmond County by amending Section 8-2 (Special Exception) regarding the average gross floor area of one family detached dwellings. (Approved by Commission July 10th - second reading) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 4 ORDINANCE ______ An Ordinance to amend the Comprehensive Zoning Ordinance adopted by the Augusta-Richmond County Commission effective September 16, 1997 by amending Section 8 -2 (Special Exceptions) . THE AUGUSTA COMMISSION HEREBY ORDAINS: SECTION II. That the Comprehensive Zoning Ordinance is amended by adding the following in Section 8-2 (Special Exception) (g ) One family detached dwelling the average gross floor area of which is more than two times the average gross floor area or less than 60% of the gross floor area of existing homes located on lots in whole or in part within 300 feet of the boundaries of the subject lot. Gross floor area shall include the entire area located under the roof of the principal structure, including finished attics, attached garages, and basements, and it shall be as presented in the online information of the Augusta Richmond County Tax Assessor’s Office. SECTION II. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. Duly adopted by the Augusta-Richmond County Commission this ______ day of __________________, 2008. __________________________________________ MAYOR, AUGUSTA COMMISSION AUGUSTA, GEORGIA ATTEST: ________________________________________ LENA BONNER, CLERK First Reading: ____________________________ Attachment number 1 Page 1 of 2 Item # 4 Second Reading: __________________________ Attachment number 1 Page 2 of 2 Item # 4 Commission Meeting Agenda 8/5/2008 2:00 PM Planning Commission Department:Planning Commission Caption: ZA-R-192 – A request for concurrence with the Augusta- Richmond County Planning Commission to approve an amendment to the Comprehensive Zoning Ordinance for Augusta-Richmond County by amending Section 3-12 (Special Building Setbacks). (Approved by the Commission July 10th - second reading) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 5 ORDINANCE ______ An Ordinance to amend the Comprehensive Zoning Ordinance adopted by the Augusta-Richmond County Commission effective September 16, 1997 by amending Section 3-12 ( Special Building Setbacks) . THE AUGUSTA COMMISSION HEREBY ORDAINS: SECTION II. That the Comprehensive Zoning Ordinance is amended by deleting the following in Section 3-12 ( Special Building Setbacks) (f)* Nearer than forty-five (45) feet from the right-of-way line of Jackson Road / Walton Way Extension from Wrightsboro Road to the intersection of Davis Road and Pleasant Home Road. (project complete) (g) Nearer than forty (40) feet from the right-of-way line of either side of Davis Road from Pleasant Home Road to the Columbia County Line. (project complete) (m) Nearer than forty (40) feet from the right-of-way line of Fury's Ferry Road from Washington Road to the Columbia County Line. (project complete) SECTION II. That the Comprehensive Zoning Ordinance is amended by adding the following in Section 3-12 ( Special Building Setbacks) (ff) Nearer than 70 feet from the right-of-way of S.R. 56 from Tobacco Road to Bennock Mill Road. SECTION III. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. Duly adopted by the Augusta-Richmond County Commission this ______ day of __________________, 2008. Attachment number 1 Page 1 of 2 Item # 5 __________________________________________ MAYOR, AUGUSTA COMMISSION AUGUSTA, GEORGIA ATTEST: ________________________________________ LENA BONNER, CLERK First Reading: ____________________________ Second Reading: __________________________ Attachment number 1 Page 2 of 2 Item # 5 Commission Meeting Agenda 8/5/2008 2:00 PM Planning Commission Department:Planning Commission Caption: ZA-R-190 – A request for concurrence with the Augusta- Richmond County Planning Commission to approve an amendment to the Comprehensive Zoning Ordinance for Augusta-Richmond County by amending Section 8-1 (Permitted Uses) regarding the average gross floor area of one family detached dwellings. (Approved by the Commission July 10th - second reading) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission 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 8 -1 (Permitted Uses) . THE AUGUSTA COMMISSION HEREBY ORDAINS: SECTION II. That the Comprehensive Zoning Ordinance is amended by deleting the following in Section 8-1 (Permitted Uses) (a) One family detached dwellings. SECTION II. That the Comprehensive Zoning Ordinance is amended by adding the following in Section 8-1 (Permitted Uses) (a) One family detached dwellings the gross floor area of which is not more than two times the average gross floor area or less than 60% of the average gross floor area of existing homes located on lots in whole or in part within 300 feet of the boundaries of the subject lot. Gross floor area shall include the entire area located under the roof of the principal structure, including finished attics, attached garages, and basements, and it shall be as presented in the online information of the Augusta Richmond County Tax Assessor’s Office. SECTION III. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. Duly adopted by the Augusta-Richmond County Commission this ______ day of __________________, 2008. __________________________________________ MAYOR, AUGUSTA COMMISSION AUGUSTA, GEORGIA Attachment number 1 Page 1 of 2 Item # 6 ATTEST: ________________________________________ LENA BONNER, CLERK First Reading: ____________________________ Second Reading: __________________________ Attachment number 1 Page 2 of 2 Item # 6 Commission Meeting Agenda 8/5/2008 2:00 PM Planning Commission Department:Planning Commissino Caption: SPA-08 – A request for concurrence with the Augusta- Richmond County Planning Commission to approve an amendment to the Site Plan Regulations for Augusta- Richmond County by amending Section 202-E regarding the required number of plans to be submitted. (Approved by the Commission July 10th - second reading) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 7 ORDINANCE NO. _____ A resolution by the Augusta-Richmond County Planning Commission recommending that the Subdivision Regulations be amended as follows: AN ORDINANCE TO AMEND SECTION OF THE SITE PLAN REGULATIONS OF AUGUSTA, GEORGIA, ADOPTED BY THE AUGUSTA COMMISSION ON MARCH 18, 1997 BY PROVIDING FOR ADDITIONAL INFORMATION TO BE INCLUDED ON THE SITE PLAN: THE AUGUSTA COMMISSION HEREBY ORDAINS: SECTION I. That the Ordinance regulating the development of land in Augusta, Georgia, is amended by deleting Section 202 - Required number of copies for site plans. E. An architect or civil engineer shall produce, certify, and submit fourteen (14) complete sets and four cover sheets of the Site Plan to the Planning Commission at the time of application. Upon acceptance of the application, the Planning Commission Staff shall forward for review such copies as follows: 1. Three (3) copies shall be filed with Public Works Department. 2. Three (3) copies shall be filed with the Utilities Department if the subdivision is to be served with public water and/or sewer. 3. One (1) copy shall be filed with the Traffic Engineer. 4. One (1) copy shall be filed with the Fire Department. 5. One (1) copy shall be filed with the Soil Conservation Service. 6. One (1) copy shall be filed with the Board of Health. 7. One (1) copy shall be retained by the Planning Commission. 8. Two (2) copies shall be returned to the applicant after hearing by the Planning Commission and shall be stamped in accordance with the approval of the Planning Commission. 9. One (1) copy shall be filed with the Trees and Landscape Department. SECTION II. That the Ordinance regulating the development of land in Augusta, Georgia, is amended by adding a new Section 202 – Required number of copies for development plan. D. Eleven (11) complete sets Site Plan shall be filed with the Planning Commission at the time of application. The Planning Commission shall thereafter forward for review such copies as follows: 1. One (1) copies shall be filed with Engineering Department. 2. Four (4) copies shall be filed with the Utilities Department if the subdivision is to be served with public water and/or sewer. 3. One (1) copy shall be filed with the Traffic Engineer. 4. One (1) copy shall be filed with the Fire Department. 5. One (1) copy shall be filed with the Soil Conservation Service. 6. One (1) copy shall be filed with the Board of Health. 7. One (1) copy shall be filed with the Trees and Landscape Department. Attachment number 1 Page 1 of 2 Item # 7 8. One (1) copy shall be retained by the Planning Commission. Seven (7) copies shall be submitted once the Site plan has been reviewed and approved and the Site Plan shall be stamped in accordance with the approval of the Planning Commission, and the copies shall be distributed as follows: 1. Two (2) copies shall be returned to the applicant at the Pre-Construction conference 2. Three (3) copies shall be retained by the Engineering Department 3. One (1) copy shall be submitted to the NPDES Inspector for inspections purposes 4. One (1) copy shall be retained by the Planning Commission SECTION III. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. Done in Open Meeting under the Common Seal thereof this __________ day of _______________, 2008. APPROVED THIS __________ day of _______________, 2008. ___________________________________ MAYOR, AUGUSTA COMMISSION AUGUSTA, GEORGIA ATTEST: ___________________________________ CLERK OF COMMISSION Attachment number 1 Page 2 of 2 Item # 7 Commission Meeting Agenda 8/5/2008 2:00 PM Planning Commission Department:Planning Commission Caption: SA-45 – A request for concurrence with the Augusta- Richmond County Planning Commission to approve an amendment to the Subdivision Regulation for Augusta- Richmond County by amending Section 201-D and 202- B regarding the required number of plans to be submitted. (Approved by the Commission July 10th - second reading) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 8 ORDINANCE NO. _____ A resolution by the Augusta-Richmond County Planning Commission recommending that the Subdivision Regulations be amended as follows: AN ORDINANCE TO AMEND SECTION OF THE SUBDIVISION REGULATIONS OF AUGUSTA, GEORGIA, ADOPTED BY THE AUGUSTA COMMISSION ON MARCH 18, 1997 BY PROVIDING FOR ADDITIONAL INFORMATION TO BE INCLUDED ON THE SUBDIVISION PLAN: THE AUGUSTA COMMISSION HEREBY ORDAINS: SECTION I. That the Ordinance regulating the subdivision of land in Augusta, Georgia, is amended by deleting Section 201- Required number of copies for development plans. D. Twelve (12) complete sets and nine (9) copies of sheet number one (1) -- sheet showing lot layout and easements -- of the Development Plan shall be filed with the Planning Commission at the time of application. The Planning Commission shall thereafter file such prints as follows: 1. Three (3) copies shall be filed with the Public Works Department. 2. Three (3) copies shall be filed with the Utilities Department if the subdivision is to be served with public water and/or sewer. 3. One (1) copy shall be filed with the Traffic Engineer. 4. One (1) copy shall be filed with the Fire Department. 5. One (1) copy shall be filed with the Soil Conservation Service. 6. One (1) copy shall be filed with the Board of Health, if applicable. 7. One (1) copy of sheet number one (1) shall be filed with the Georgia Power Company or Jefferson Electric, whichever is applicable. 8. One (1) copy of sheet number one (1) shall be filed with the gas company 9. One (1) copy of sheet number one (1) shall be filed with the telephone company. 10. One (1) copy of sheet number (1) shall be filed with the cable company. 11. One (1) copy of sheet number (1) shall be filed with E-911. 12. One (1) copy of sheet number (1) shall be filed with Georgia Power - Transmission Right-of-ways. 13. One (1) copy shall be retained by the Planning Commission. 14. Two (2) copies shall be returned to the subdivider stamped in accordance with the approval of the Planning Commission. SECTION II. That the Ordinance regulating the subdivision of land in Augusta, Georgia, is amended by adding a new Section 201 – Required number of copies for development plan. D. Ten (10) complete sets and eight (8) copies of sheet number one (1) -- sheet showing lot layout and easements -- of the Development Plan shall be filed with the Planning Commission at the time of application. The Planning Commission shall thereafter forward for review such copies as follows: 1. One (1) copies shall be filed with the Engineering Department. Attachment number 1 Page 1 of 3 Item # 8 2. Four (4) copies shall be filed with the Utilities Department if the subdivision is to be served with public water and/or sewer. 3. One (1) copy shall be filed with the Traffic Engineer. 4. One (1) copy shall be filed with the Fire Department. 5. One (1) copy shall be filed with the Soil Conservation Service. 6. One (1) copy shall be filed with the Board of Health, if applicable. 7. One (1) copy of sheet number one (1) shall be filed with the Georgia Power Company or Jefferson Electric, whichever is applicable. 8. One (1) copy of sheet number one (1) shall be filed with Georgia Natural Gas 9. One (1) copy of sheet number one (1) shall be filed with Bellsouth. 10. One (1) copy of sheet number (1) shall be filed with Comcast. 11. One (1) copy of sheet number (1) shall be filed with E-911. 12. One (1) copy of sheet number (1) shall be filed with Georgia Power – Transmissions. 13. One (1) copy of sheet number (1) shall be filed with the Augusta Post Office 14. One (1) copy of sheet number (1) shall be filed with the Augusta GIS Dept. 15. One (1) copy shall be retained by the Planning Commission. Seven (7) copies shall be submitted. Once the Development Plan has been reviewed and approved and after hearing by the Planning Commission, the Development Plan shall be stamped in accordance with the approval of the Planning Commission, and the copies shall be distributed as follows: 1. Two (2) copies shall be returned to the applicant at the Pre-Construction conference 2. Three (3) copies shall be retained by the Engineering Department 3. One (1) copy shall be submitted to the NPDES Inspector for inspections purposes 4. One (1) copy shall be retained by the Planning Commission SECTION III. That the Ordinance regulating the subdivision of land in Augusta, Georgia, is amended by deleting a new Section 202 – Required number of copies for final plat. B. Two original mylars and twelve (12) copies of the Final Plat shall be filed with the Planning Commission at the time of application. The Planning Commission shall thereafter file such copies as follows: 1. Three (3) copies shall be filed with the Public Works Department. 2. Three (3) copies shall be filed with the Utilities Department if the subdivision is to be served with public water and/or sewer. 3. One (1) copy shall be filed with the County Board of Health, if applicable. 4. One (1) copy shall be filed with the Traffic Engineer. 5. Two (2) copies shall be retained by the Planning Commission. 6. Two (2) copies shall be returned to the subdivider stamped in accordance with the approval of the Planning Commission and the Commission. Attachment number 1 Page 2 of 3 Item # 8 SECTION IV. That the Ordinance regulating the subdivision of land in Augusta, Georgia, is amended by adding a new Section 202 – Required number of copies for final plat. B. Eight (8) copies of the Final Plat shall be filed with the Planning Commission at the time of application. The Planning Commission shall thereafter file such copies as follows: 1. One (1) copies shall be filed with the Engineering Department. 2. Four (4) copies shall be filed with the Utilities Department if the subdivision is to be served with public water and/or sewer. 3. One (1) copy shall be filed with the Traffic Engineering Department 4. One (1) copy shall be filed with the County Board of Health, if applicable. 5. One (1) copies shall be retained by the Planning Commission. Two (2) mylars and six (6) copies shall be submitted once the Final Plat has been reviewed and approved and after hearing by the Planning Commission and Augusta Commission, the Final Plat shall be stamped in accordance with the approval of the Commission, and the copies shall be distributed as follows: 1. One (1) mylar shall be retained by the Planning Commission 2. One (1) mylar shall be returned to the Developer 3. Two (2) copies shall be retained by the Planning Commission 4. Four (4) copies shall be returned to the Developer SECTION V. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. Done in Open Meeting under the Common Seal thereof this __________ day of _______________, 2008. APPROVED THIS __________ day of _______________, 2008. ___________________________________ MAYOR, AUGUSTA COMMISSION AUGUSTA, GEORGIA ATTEST: ___________________________________ CLERK OF COMMISSION Attachment number 1 Page 3 of 3 Item # 8 Commission Meeting Agenda 8/5/2008 2:00 PM Alcohol Application Department:License & Inspections Caption:Motion to approve New Ownership Application: A. N. 08 - 33: request by Tae Ho Ji for a retail package Beer & Wine license to be used in connection with Kind Grocery located at 2062 Old Savannah Rd. District 2. Super District 9. (Approved by Public Services Committee July 28, 2008) Background:This is a new ownership application. Formerly in the name of Yong Clay. Analysis:The applicant meets the requirements of the Augusta Richmond County Alcohol Ordinance. Financial Impact:The applicant will pay a pro - rated fee of $650.00. Alternatives: Recommendation:License & Inspections recommends approval. The RCSD recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Administrator. Clerk of Commission Cover Memo Item # 9 Cover Memo Item # 9 Attachment number 1 Page 1 of 2 Item # 9 Attachment number 1 Page 2 of 2 Item # 9 Commission Meeting Agenda 8/5/2008 2:00 PM Alcohol Application Department:License & Inspections Caption:Motion to approve a New Ownership Application: A. N. 08 - 34: request by Melissa Ruiz for an on premise consumption Liquor, Beer & Wine license to be used in connection with Mi Rancho Mexican Restaurant located at 3064 Washington Rd. There will be Sunday Sales. District 7. Super District 10. (Approved by Public Services Committee July 28, 2008) Background:This is a new ownership application. Formerly in the name of Marsha Raborn. Analysis:The applicant meets threquirements of the Augusta Richmond County Alcohol Ordinance. Financial Impact:The applicant will pay a pro - rated fee of $3325.00. Alternatives: Recommendation:License & Inspections recommends approval. The RCSD recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Administrator. Clerk of Commission Cover Memo Item # 10 Cover Memo Item # 10 Attachment number 1 Page 1 of 2 Item # 10 Attachment number 1 Page 2 of 2 Item # 10 Commission Meeting Agenda 8/5/2008 2:00 PM Contracts - 2009 Aging Services Department:Recreation and Parks Caption:Motion to approve the renewal of wellness and recreation contracts with CSRA RDC for senior services in Richmond County. (Approved by Public Services Committee July 28, 2008) Background:The Augusta Recreation and Parks Dept. has provided senior services thru contracts with CSRA RDC to receive grant funds since 2004. These services include nutrition, wellness and recreation programs to elegible seniors in Richmond County. Analysis:The approval to renew these contracts will allow seniors to continue to receive program services for health, wellness, exercise, fitness and general recreation activities. Financial Impact:The 2009 contracts for grant funds to be received by Augusta is $98,398.00. No cash local match is required. Alternatives:1. To deny 2. To approve Recommendation:#2 - to approve Funds are Available in the Following Accounts: No matching cash funds required REVIEWED AND APPROVED BY: Cover Memo Item # 11 Finance. Administrator. Clerk of Commission Cover Memo Item # 11 Attachment number 1 Page 1 of 1 Item # 11 Commission Meeting Agenda 8/5/2008 2:00 PM Cooperative Agreement - Nutrition Services Department:Recreation and Parks Caption:Motion to approve a Cooperative Agreement for Senior Nutrition Services with CSRA-RDC for 2009. (Approved by Public Servcies Comimittee July 28, 2008) Background:The Augusta Recreation and Parks Dept. has provided nutrition services for seniors in Augusta since 2004 under a cooperative agreement with CSRA - RDC. This agreement is the vehicle that provides over 90% of the total cost for meals. Over 70,000 meals were served at six congregate sites and delivered to homebound citizens in 2008. Analysis:Without this agreement, Augusta would have to fund 100% of the cost for meals to seniors. Financial Impact:This agreement provides $282,890 in grant funds for meal services. Augusta's match under this agreement is $27,395. Alternatives:1. To deny, placing all of the financial burden on Augusta for senior meal services. 2. To approve. Recommendation:#2 - to approve Funds are Available in the Following Accounts: Matching funds are budgeted in acct. 220-05-4322 REVIEWED AND APPROVED BY: Cover Memo Item # 12 Finance. Administrator. Clerk of Commission Cover Memo Item # 12 Attachment number 1 Page 1 of 1 Item # 12 Commission Meeting Agenda 8/5/2008 2:00 PM Forfeiture of Surety Bond Department:License & Inspection Department Caption:Motion to approve forfeiture of Surety Bond for Mr. Christopher Gibson and Mrs. Shannon Gibson, d/b/a Gibson Home Improvement. (Approved by Public Services Committee July 28, 2008) Background:Mr. Arthur Jones filed a claim alleging damages arising from work done or supervised by Mr. Christopher Gibson, d/b/a Gibson Home Improvement. Mr. Jones contracted with Mr. Gibson to construct a 16’ x 32’ building addition at his residence at 2506 Walsh Court for a total price of $22,500. Mr. Gibson purchased the building permit under his licensed company – Gibson Home Improvement. Mr. Gibson began the construction and reached the point of having the walls up and the roof on. On May 23, 2008 the building was inspected and found to be in violation of several building codes. The contractor has refused to correct the code violations and has abandoned the job. Analysis:Section 7-1-116.4 of the Augusta Code provides that the contractor shall ‘execute and deposit in the License & Inspection Department a bond in the sum of fifteen thousand dollars ($15,000), such bond to be conditioned that all work performed by the contractor or under his supervision shall be performed in accordance with the provisions of the building code”. … Mr. Jones’ claim for $12,000 will cover the cost to correct the code violations… The bond is payable to the City of Augusta. Consequently, the bond company will issue a check payable to Augusta and Augusta will issue a check for the same amount to Mr. Jones. Financial Impact:N/A Alternatives:Do not approve. Cover Memo Item # 13 Recommendation:Approve Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Administrator. Clerk of Commission Cover Memo Item # 13 Commission Meeting Agenda 8/5/2008 2:00 PM GSA/TSA Lease Department:Augusta Regional Airport Caption:Motion to approve the General Services Administration Terminal Space Lease Agreement. (Approved by Public Services Committee July 28, 2008) Background:GSA pays for rental space for TSA’s occupancy in the airport terminal. Analysis:This lease agreement is for a term of 5 years beginning on July 14, 2008 and ending on July 13, 2013. This item has been reviewed and approved by legal. Financial Impact:$44,127.88 Annual Rental Income. Alternatives:Deny Request. Recommendation:Approve Request. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Administrator. Clerk of Commission Cover Memo Item # 14 Attachment number 1 Page 1 of 24 Item # 14 Attachment number 1 Page 2 of 24 Item # 14 Attachment number 1 Page 3 of 24 Item # 14 Attachment number 1 Page 4 of 24 Item # 14 Attachment number 1 Page 5 of 24 Item # 14 Attachment number 1 Page 6 of 24 Item # 14 Attachment number 1 Page 7 of 24 Item # 14 Attachment number 1 Page 8 of 24 Item # 14 Attachment number 1 Page 9 of 24 Item # 14 Attachment number 1 Page 10 of 24 Item # 14 Attachment number 1 Page 11 of 24 Item # 14 Attachment number 1 Page 12 of 24 Item # 14 Attachment number 1 Page 13 of 24 Item # 14 Attachment number 1 Page 14 of 24 Item # 14 Attachment number 1 Page 15 of 24 Item # 14 Attachment number 1 Page 16 of 24 Item # 14 Attachment number 1 Page 17 of 24 Item # 14 Attachment number 1 Page 18 of 24 Item # 14 Attachment number 1 Page 19 of 24 Item # 14 Attachment number 1 Page 20 of 24 Item # 14 Attachment number 1 Page 21 of 24 Item # 14 Attachment number 1 Page 22 of 24 Item # 14 Attachment number 1 Page 23 of 24 Item # 14 Attachment number 1 Page 24 of 24 Item # 14 Commission Meeting Agenda 8/5/2008 2:00 PM Ordinance for Operation of Pedicabs Department:Clerk of Commission Caption:Motion to approve an Ordinance to amend the County of Augusta, Georgia Code to add a new Article 5 entitled Pedicab Service; to provide for the operation and regulation of pedicabs in the Augusta-Richmond County Downtown Business District, to repeal all Ordinances in conflict herewith, to provide an effective date, and for other purposes. (Approved by the Commission July 10th-second reading) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 15 Attachment number 1 Page 1 of 9 Item # 15 Attachment number 1 Page 2 of 9 Item # 15 Attachment number 1 Page 3 of 9 Item # 15 Attachment number 1 Page 4 of 9 Item # 15 Attachment number 1 Page 5 of 9 Item # 15 Attachment number 1 Page 6 of 9 Item # 15 Attachment number 1 Page 7 of 9 Item # 15 Attachment number 1 Page 8 of 9 Item # 15 Attachment number 1 Page 9 of 9 Item # 15 Commission Meeting Agenda 8/5/2008 2:00 PM Part Time Ops/Security Personnel Request Department:Augusta Regional Airport Caption:Motion to approve a request for the addition of six (6) part time personnel to oversee the ops/security center as mandated by the Transportation Security Administration (TSA). (Approved by Public Services Committee July 28, 2008) Background:As part of the new terminal an ops/security center was constructed to monitor all airport activity including alarms and operational systems. This center is a requirement of TSA during the hours of arrivals and departures of commercial aircraft. The ops/security center is now completed and is required to be staffed 16 hours per day, 7 days a week,which equates to approximately 224 hours per pay period. Analysis:The Avaition Commission, in conjunction with Marshal Steve Smith, determined it would be more efficient and economical to fill these positions with part time personnel. Preferably with diabled veterans. Financial Impact:For 2008 filling these positions at $12.20 per hour for the duration of the year will cost approximately $18,000. Alternatives:Deny request. Recommendation:Approve request. Funds are Available in the Following Accounts: 551-08-1108 5111210 Cover Memo Item # 16 REVIEWED AND APPROVED BY: Finance. Administrator. Clerk of Commission Cover Memo Item # 16 Commission Meeting Agenda 8/5/2008 2:00 PM The Boathouse Community Center Roof Project - Bid Item 08-105 Department:Tom F. Beck, Director, Recreation and Parks Department Caption:Motion to approve the award of Bid Item 08-105, Re-roofing of The Boathouse Community Center, to I & E Specialties for $94,348.00. (No recommendation from Public Services Committee July 28, 2008) Background:A recommendation for award was previously made to the low bidder, Cross Roofing. The contractor however indicated they would not honor their price as submitted in the initial bid response on April 29, 2008. Thus the second low bidder meeting specifications has agreed to perform the work as indicated and for the bid amount originally quoted on their bid response dated April 28, 2008. (See attachments) Analysis:The second low bidder is being recommended for bid award and has met all the requirements as indicated in the bid documents.The contractor has done work with the City of Augusta in the past and has performed well and without incident. Financial Impact:Funds have been identified and are in place to complete the improvements for The Boathouse as identified. Alternatives:1. To Approve 2. Move no action thus delaying the replacement of the roof at The Boathouse Community Center. Recommendation:1. To approve the award of Bid Item 08-105 to I & E Specialties for $94,348.00 Funds are Available in the Following 324061110 - 201061050 $23,535 325061110 - 206065003 $70,815 Cover Memo Item # 17 Accounts: REVIEWED AND APPROVED BY: Finance. Administrator. Clerk of Commission Cover Memo Item # 17 Bid #08-105 Re-Roofing of the Boathouse Community Center Recreation and Parks Department Bid Opening Date: Tuesday, April 29, 2008 @3:00 p.m. Vendors Total Bid Price Addendum 1 Bid Bond RE Shearer Construction Evans, Georgia 30809 Ammar Construction Evans, Georgia 30809 Crossroofing Co. College Park, Georgia 30349 $37,180.68 X X I&E Specialties Lexington, South Carolina 29072 $94,348.00 X X Two State Inc. Thomson, Georgia 30824 $129, 547.00 X X Ball’s Enterprises Augusta, Georgia 30904 $96,000.00 X X Applegraph Construction Augusta, Georgia 30904 $139,000.00 X X Midwest Maintenance Augusta, Georgia 30909 Attachment number 1 Page 1 of 1 Item # 17 Attachment number 2 Page 1 of 1 Item # 17 Commission Meeting Agenda 8/5/2008 2:00 PM Verizon Agreement Memorandum and Third Amendment Department:Augusta Regional Airport Caption:Motion to approve the Memorandum and third Amendment to the Verizon Wireless Co-Location Lease Agreement. (Approved by Public Services Committee July 28, 2008) Background:The airport has had an existing Co-Location Lease Agreement with Verizon Wireless since September of 2001. They have a tower erected on the airport and are adding a generator pad. Analysis:The new Co-Location lease will extend the current lease with 3 (three) five year renewals. This item has been reviewed by legal and approved. Financial Impact:Base rent is increased by $1,800 Alternatives:Deny Request. Recommendation:Approve Request. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Administrator. Clerk of Commission Cover Memo Item # 18 Cover Memo Item # 18 1 After recording, please return to: Recording clerk, please cross-reference: Holland & Knight LLP Deed Book 867, Page 1926 1201 West Peachtree Street, N.E. Augusta - Richmond County, Georgia records Suite 2000 Atlanta, GA 30309-3400 Attention: Matthew T. Joe, Esq. LESSEE ID: Augusta Airport / 133616 AMENDMENT TO MEMORANDUM OF CO-LOCATION LEASE AGREEMENT THIS AMENDMENT TO MEMORANDUM OF CO-LOCATION LEASE AGREEMENT is made and entered into this ____ day of _______________, 2008, by and between AUGUSTA, GEORGIA, by and through the AUGUSTA AVIATION COMMISSION, an instrumentality of Augusta, Georgia, with an address at 1501 Aviation Way, Augusta, Georgia 30906-9600, as "Landlord," and VERIZON WIRELESS OF THE EAST LP, a Delaware limited partnership, d/b/a Verizon Wireless, with its principal offices located at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920, as "Tenant." WHEREAS, Landlord is the original landlord, and Tenant is the successor-in-interest to the original tenant, under that certain Co-Location Lease Agreement dated September 1, 2001; as amended by Co-Location Lease Agreement Amendment No. 1 dated September 1, 2002; as further amended by Second Amendment to Co-Location Lease Agreement dated April 1, 2003 (collectively as amended, the "Lease"); and WHEREAS, Landlord and Tenant entered into a Memorandum of Co-Location Lease Agreement dated April 1, 2003, and recorded in Deed Book 867, Page 1926, in the Augusta-Richmond County, Georgia records (the "Memorandum"); and WHEREAS, Landlord and Tenant have entered into a Third Amendment to Co-Location Lease Agreement dated ______________, 2008 (the "Third Amendment"), and now wish to supplement the Memorandum to provide record notice of certain terms of the Lease and Third Amendment. Attachment number 1 Page 1 of 4 Item # 18 2 NOW THEREFORE, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) in hand paid and other good and valuable consideration, the receipt, adequacy, and sufficiency of which is hereby acknowledged, and subject to the terms and conditions set forth in the Lease and the Third Amendment: 1. Landlord has leased to Tenant an additional five (5') foot by nine (9') foot area of ground space. The Site Plan in Exhibit A-1 attached hereto and incorporated by reference herein depicts the ground space now leased by Tenant as the "Existing Lessee Shelter" and the "Proposed 5' x 9' Generator Pad / Lease Area." 2. Landlord and Tenant have increased the number of automatic five (5) year renewal terms from two (2) to three (3). If all renewal terms take effect according to the covenants and conditions set forth in the Lease, the Lease will expire on August 31, 2031. 3. The terms, covenants, and provisions of the Lease (as may be hereinafter amended by the parties) and of the Third Amendment, of which this is a memorandum, shall extend to and be binding upon the respective executors, administrators, heirs, successors and assigns of Landlord and Tenant. Attachment number 1 Page 2 of 4 Item # 18 3 IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment under seal as of the date set forth below. Signed and delivered this ____ day of _______________, 2008, in the presence of: ______________________________ Unofficial Witness ______________________________ Notary Public My commission expires: (NOTARY SEAL) LANDLORD: AUGUSTA AVIATION COMMISSION, an instrumentality of Augusta, Georgia By: ______________________________ (SEAL) Name: _____________________________ Title: ______________________________ Signed and delivered this ____ day of _______________, 2008, in the presence of: ______________________________ Unofficial Witness ______________________________ Notary Public My commission expires: (NOTARY SEAL) AUGUSTA, GEORGIA, a body corporate and politic By: ______________________________ (SEAL) Name: _____________________________ Title: Mayor Attest: _____________________________ Name: _____________________________ Title: Clerk Signed and delivered this ____ day of _______________, 2008, in the presence of: ______________________________ Unofficial Witness ______________________________ Notary Public My commission expires: (NOTARY SEAL) TENANT: VERIZON WIRELESS OF THE EAST LP, a Delaware limited partnership, d/b/a Verizon Wireless By: VERIZON WIRELESS OF GEORGIA LLC, its general partner By: CELLCO PARTNERSHIP, its sole member By: ___________________________ (SEAL) Name: Hans F. Leutenegger Title: Area Vice President - Network - South Area # 5204496_v1 Attachment number 1 Page 3 of 4 Item # 18 4 Exhibit A-1 Site Plan Attachment number 1 Page 4 of 4 Item # 18 Site Name: Augusta Airport Location Code: 133616 THIRD AMENDMENT TO CO-LOCATION LEASE AGREEMENT THIS THIRD AMENDMENT TO CO-LOCATION LEASE AGREEMENT (this "Third Amendment") is made and entered into as of the ___ day of ____________, 2008, by and between AUGUSTA, GEORGIA, by and through the AUGUSTA AVIATION COMMISSION, an instrumentality of Augusta, Georgia, as "Landlord," and VERIZON WIRELESS OF THE EAST LP, a Delaware limited partnership, d/b/a Verizon Wireless, as "Tenant." WHEREAS, Landlord is the original landlord, and Tenant is the successor-in-interest to the original tenant, under that certain Co-Location Lease Agreement dated September 1, 2001; as amended by Co-Location Lease Agreement Amendment No. 1 dated September 1, 2002; as further amended by Second Amendment to Co-Location Lease Agreement dated April 1, 2003 (collectively as amended, the "Lease"); and WHEREAS, Landlord and Tenant desire to amend the Lease to allow Tenant to lease additional land space for its installation of a generator, to increase the rent, to extend the term of the Lease, and to amend certain other provisions as set forth herein. NOW, THEREFORE, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) in hand paid and other valuable consideration, the receipt, adequacy, and sufficiency of all of which are hereby acknowledged, the parties do hereby agree as follows: 1. The following paragraph is hereby inserted between the fourth and fifth paragraphs of Section 1 of the Lease entitled Leased Premises; Use of Leased Premises: "TENANT shall have the right to replace the aforementioned equipment with similar and comparable equipment provided said replacement does not increase tower loading." 2. The following paragraph is hereby inserted between the fifth and sixth paragraphs of Section 1 of the Lease: "LANDLORD also leases to TENANT a five foot by nine foot (5' x 9') area of land space in which TENANT may install a concrete pad and generator." 3. Base Rent shall be increased by One Thousand Eight Hundred and No/100 Dollars ($1,800.00) per year. The increase in rent shall commence upon the first (1st) day of the next calendar month after Tenant begins installing its additional equipment on the Premises. 4. Effective upon the execution of this Third Amendment, Base Rent shall automatically increase on each anniversary of the Commencement Date by three percent (3%). Base Rent increases shall no longer be governed by Sections 3(b)-(d) of the Lease (however, previous Base Rent increases shall not be retroactively changed). Landlord and Tenant acknowledge and affirm that the anniversary of the Commencement Date is September 1 of each year. Attachment number 2 Page 1 of 4 Item # 18 Site Name: Augusta Airport Location Code: 133616 5. Section 33 of the Lease entitled Terminal Relocation is hereby deleted in its entirety. 6. The Site Plan attached in Exhibit A-1 to this Third Amendment depicts the approximate location of Tenant's existing fifteen foot by twenty foot (15' x 20') Communications Building (as defined in the Lease) as "Existing Lessee Shelter," and Tenant's additional five foot by nine foot (5' x 9') area of land space for the installation of its generator as "Proposed 5' x 9' Generator Pad/Lease Area." 7. All remaining provisions of the Lease shall remain in full force and effect as to all other terms and conditions, and shall remain binding on Landlord and Tenant hereto. Landlord and Tenant hereby ratify and affirm all terms and conditions of the Lease, as amended by this Third Amendment. 8. The Lease and this Third Amendment contain all agreements, promises, and understandings between Landlord and Tenant. No verbal or oral agreements, promises, or understandings shall be binding upon either Landlord or Tenant in any dispute, controversy, or proceeding at law, and any addition, variation, or modification to the Lease and/or this Third Amendment shall be void and ineffective unless made in writing and signed by Landlord and Tenant. In the event any provision of the Lease or this Third Amendment is found to be invalid or unenforceable, such a finding shall not affect the validity and enforceability of the remaining provisions of the Lease or this Third Amendment. ( Signatures commence on the next page ) Attachment number 2 Page 2 of 4 Item # 18 Site Name: Augusta Airport Location Code: 133616 IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment under seal as of the date set forth below. LANDLORD: AUGUSTA AVIATION COMMISSION, an instrumentality of Augusta, Georgia By: ______________________________ (SEAL) Name: _____________________________ Title: ______________________________ Date: ______________________________ AUGUSTA, GEORGIA, a body corporate and politic By: ______________________________ (SEAL) Name: _____________________________ Title: Mayor Date: ______________________________ Attest: _____________________________ Name: _____________________________ Title: Clerk Date: ______________________________ TENANT: VERIZON WIRELESS OF THE EAST LP, a Delaware limited partnership, d/b/a Verizon Wireless By: VERIZON WIRELESS OF GEORGIA LLC, its general partner By: CELLCO PARTNERSHIP, its sole member By: ___________________________ (SEAL) Name: Hans F. Leutenegger Title: Area Vice President - Network - South Area Date: ______________________________ Attachment number 2 Page 3 of 4 Item # 18 Site Name: Augusta Airport Location Code: 133616 Exhibit A-1 Site Plan # 5201650_v1 Attachment number 2 Page 4 of 4 Item # 18 Commission Meeting Agenda 8/5/2008 2:00 PM Resolution for High School/High Tech Program Department:Clerk of Commission Caption:Motion to approve a Resolution recognizing the High School/High Tech Program and authorizing Augusta- Richmond County, Georgia to contribute the amount of $2094.97 to the organization; and for other purposes. (Approved by Administrative Services and Finance Committees July 28, 2008) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 19 Attachment number 1 Page 1 of 2 Item # 19 Attachment number 1 Page 2 of 2 Item # 19 Commission Meeting Agenda 8/5/2008 2:00 PM 842 Greene Street Property Department:Clerk of Commission Caption:Motion to approve purchase of property located at 842 Greene Street (Tax Map/Parcel: 047-1-213-00-0) by Augusta, Georgia from Augusta Properties, Ltd. by exchanging property Augusta located as 1328 Baker Avenue and the payment of the sum of $487,000.00.(Approved by Finance Committee July 28, 2008) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 20 Attachment number 1 Page 1 of 7 Item # 20 Attachment number 1 Page 2 of 7 Item # 20 Attachment number 1 Page 3 of 7 Item # 20 Attachment number 1 Page 4 of 7 Item # 20 Attachment number 1 Page 5 of 7 Item # 20 Attachment number 1 Page 6 of 7 Item # 20 Attachment number 1 Page 7 of 7 Item # 20 Commission Meeting Agenda 8/5/2008 2:00 PM Angelic Community Resourse Development Department:Clerk of Commission Caption:Motion to approve a request from the Angelic Community Resource Development, Inc. regarding city sponsorship through the purchase of tickets for the 5th Annual Barbers' Ball. (Approved by Finance Committee July 28, 2008) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 21 Attachment number 1 Page 1 of 1 Item # 21 Commission Meeting Agenda 8/5/2008 2:00 PM Request for Tax Penalty and Interest Waiver Department:Tax Commissioner Caption:Motion to deny a request from Leo Ghitter for removal of tax penalty and interest on the property of Augusta Mobile Manor LLC located at 1923 Barton Chapel Road. (Approved by Finance Committee July 28, 2008) Background:Taxpayer Leo Ghitter states that penalty and interest accrued of property he owns during a time period he was not owner and not in possession. He states that he had to foreclose on the prior owner because the mortgage was not being paid either. Analysis:Taxpayer had a significant enough interest in property to impose a duty to maintain property tax awareness. Lack of awareness not excusable. Financial Impact:Penalty is $392.95 and interest is $235.74 as os May 14, 2008. Any portion abated would be the amount of loss for ARC. Alternatives:Condition any abatement, if any, upon an acceptable payment or payment plan regarding the base taxes due and past due. Recommendation:Only consider abating the penalty unless the above alternative is acted upon. Funds are Available in the Following Accounts: Cover Memo Item # 22 REVIEWED AND APPROVED BY: Finance. Administrator. Clerk of Commission Cover Memo Item # 22 Attachment number 1 Page 1 of 2 Item # 22 Attachment number 1 Page 2 of 2 Item # 22 Commission Meeting Agenda 8/5/2008 2:00 PM Wells Fargo Financial Leasing Department:Clerk of Commission Caption:Motion to approve a request from Wells Fargo Financial Leasing regarding a refund of taxes associated with the value of personal property (computer software) that was returned as computer equipment. (Approved by Finance Committee July 28, 2008) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 23 Attachment number 1 Page 1 of 4 Item # 23 Attachment number 1 Page 2 of 4 Item # 23 Attachment number 1 Page 3 of 4 Item # 23 Attachment number 1 Page 4 of 4 Item # 23 Commission Meeting Agenda 8/5/2008 2:00 PM Acquisition of Right-of-Way and Easement - Joe W. Hamilton Department:Attorney Caption:Motion to approve an Option for the purpose of acquiring a Right-of-Way between Joe W. Hamilton, as owner, and Augusta, Georgia, as optionee, in connection with the Alexander Drive Project, 0.071 acre (3,082.24 sq. ft) in fee and 0.030 acre (1,315.26 sq. ft.) of permanent construction & maintenance easement from the property located at 1044 Alexander Drive at a purchase price of $29,768.00. (Approved by Engineering Services Committee July 28, 2008) Background:The property owner has agreed to convey a certain right-of- way and easement to Augusta, Georgia, for the Alexander Drive project. Analysis:The purchase of the referenced property is necessary for the project. Financial Impact:The costs necessary for this purchase will be covered under the project budget. Alternatives:Deny the motion to approve the purchase of the referenced property. Recommendation:Approve the motion to purchase the referenced property. Funds are Available in the Following Accounts: FUNDS AVAILABLE IN THE FOLLOWING ACCOUNT (S): 323041110 -5411120 296823215 – 5411120 Cover Memo Item # 24 REVIEWED AND APPROVED BY: Administrator. Clerk of Commission Cover Memo Item # 24 Item # 24 Item # 24 Item # 24 Item # 24 Item # 24 Commission Meeting Agenda 8/5/2008 2:00 PM Condemnation - Carolyn Barnes, Teresa Meadows and Gerald Meadows Department:Attorney - Syephen E. Shepard, Attorney Caption:Motion to authorize condemnation of a portion of Preperty # 144-0-060-00-0 Phinizy Road which is owned by Carolyn L. Barnes, Teresa L. Meadows and Gerald E. Meadows for 5,843 Sq. Feet of a Permanent Easement and 2,598 Sq. Feet of a Temporary Construction Easement. AUD Project: 60107 - Butler Creek Upgrade East. (Approved by Engineering Services Committee July 28, 2008) Background:The appraised value of the Easement is $1,591.00. Due to not being able to reach an agreement with the property owner, it is not cost effective nor timely to continue negotiations. Analysis:Condemnation is required to aquire easement. Financial Impact:THe necessary costs will be covered by the project budget. Alternatives:Deny authorization to condemn. Recommendation:Approve authorization to condemn. Funds are Available in the Following Accounts: G/L: 511043420-5411120 J/L: 80360107-5411120 REVIEWED AND APPROVED BY: Administrator. Cover Memo Item # 25 Clerk of Commission Cover Memo Item # 25 Attachment number 1 Page 1 of 1 Item # 25 Commission Meeting Agenda 8/5/2008 2:00 PM Condemnation - Cliff Channell Department:County Attorney - Stephen E. Shepard, Attorney Caption:Motion to authorize condemnation of a portion of Property # 013-1-002-05-0 1034 Alexander Drive, which is owned by Cliff Channell for 52,217 Sq. Feet of Right-of-Way and 83,136 Sq. Feet for a Permanent Easement. PW Project: Alexander Drive Project No. 323-04-296823215. (Approved by Engineering Services Committee July 28,2008) Background:The appraised value of the easement is $516,600.00. Due to being unable to reach an agreement with the owner, it is not timely or cost effective to continue negotiations. Analysis:Condemnation is requred to aquire the easement. Financial Impact:The necessary costs will be covered by the project budget. Alternatives:Deny authorization to condemn. Recommendation:Approve authorization to condemn. Funds are Available in the Following Accounts: G?L-323-04-1110-54.11120 J/L-296823215-54.11120 REVIEWED AND APPROVED BY: Administrator. Clerk of Commission Cover Memo Item # 26 Cover Memo Item # 26 Attachment number 1 Page 1 of 1 Item # 26 Commission Meeting Agenda 8/5/2008 2:00 PM Condemnation - J.W. Greenway Company Department:Attorney - Stephen E. Shepard, Attorney Caption:Motion to authorize condemnation of a portion of Property # 013-1-124-00-0 2506 Commons Trace which is owned by J.W. Greenway Company for 479 Sq. Feet of Right-of-Way and 292 Sq. Feet Permanent Easement. PW Project: Alexander Drive Project. (Approved by Engineering Services Committee July 28, 2008) Background:The appraised value of the easement in $3,760.00. Due to not being able to reach an agreement with the property owner it is not cost effective nor timely to continue negotiations. Analysis:Condemnation is required to aquire the easement. Financial Impact:The necessary costs will be covered by the project budget. Alternatives:Deny authorization to condemn. Recommendation:Approve authorization to condemn. Funds are Available in the Following Accounts: G/L: 323-04-1110-54.11120 J/L: 296823215-54.11120 REVIEWED AND APPROVED BY: Administrator. Clerk of Commission Cover Memo Item # 27 Cover Memo Item # 27 Attachment number 1 Page 1 of 1 Item # 27 Commission Meeting Agenda 8/5/2008 2:00 PM Condemnation - Larry G. Ennis Department:Attorney - Stephen E. Shepard Caption:Motion to authorize condemnation of a portion of Property # 144-0-010-00-0 1906 Phinizy Road which is owned by Larry G. Ennis for 2,223 Sq. Feet of Temporary Easement; and Property # 144-0-021-05-0 Pircle Lane which is also owned by Larry G. Ennis for 14,031 Sq. Feet of Permanent Easement and 1,608 Sq. Feet of a Temporary Easement. AUD Project: 60107 - Butler Creek Upgrade East. (Approved by Engineering Services Committee July 28, 2008) Background:The appraised value of the Easement for Property # 144-0- 010-00-0 is $111.00. The appraised value of the Easement for Property # 144-0-021-05-0 is $3,588.00. Due to not being able to reach an agreement with the property owner, it is not cost effective nor timely to continue negotiations. Analysis:Condemnation is required to aquire the Easements. Financial Impact:The necessary costs will be covered by the project budget. Alternatives:Deny the authorization to condemn. Recommendation:Approve the authorization to condemn. Funds are Available in the Following Accounts: G/L: 511043420-5411120 J/L: 80360107-5411120 REVIEWED AND APPROVED BY: Cover Memo Item # 28 Administrator. Clerk of Commission Cover Memo Item # 28 Attachment number 1 Page 1 of 1 Item # 28 Commission Meeting Agenda 8/5/2008 2:00 PM Condemnation - Nex Ventures Realty, Inc. Department:Attorney - Stephen E. Shepard Caption:Motion to authorize a portion of property # 013-1-123-00-0 2504 Commons Trace, which is owned by Nex Ventures Realty, Inc. for 1,430.78 Sq. Feet of Right-of-way and 418.38 Sq. Feet of Permanent easement. PW Project: Alexander Drive Project. (Approveed by Engineering Services Committee July 28, 2008) Background:The appraised value of the easement is $8,700.00. Due to owner's counter offer of $23,000.00, it is not cost effective nor timely to continue negotiations. Analysis:Condemnation is required in order to aquire easement. Financial Impact:The necessary costs will be coved by project budget. Alternatives:Deny the authorization to condemn. Recommendation:Approve the authorization to condemn. Funds are Available in the Following Accounts: G/L - 323-04-1110-54.11120 J/L - 296823215-54.11120 REVIEWED AND APPROVED BY: Administrator. Clerk of Commission Cover Memo Item # 29 Cover Memo Item # 29 Attachment number 1 Page 1 of 1 Item # 29 Commission Meeting Agenda 8/5/2008 2:00 PM Extend Parking Management Contract Department:Public Services Department - Facilities Management Division Caption:Motion to approve extending the contract for management of the Marriott Riverfront Hotel parking facility with Republic Parking System for a period of two years. The total annual contract cost is estimated to be $211,000 which includes the actual cost of operations, plus the $25,000 management fee. This contract extension is for the period from February 1, 2009 through January 31, 2011. (Approved by Engineering Services Committee July 28, 2008) Background:Republic Parking System has been operating the Marriott Riverfront Parking Facility since January of 2003. Prior to their tenure, expenses for operation of this facility routinely exceeded revenue. Since they began operation, they have consistently generated revenue in excess of expenses, exclusive of bond payments. They have worked well with the hotel management and have provided good customer service in operation of the facility. Analysis:RFP #06-803 was issued in November of 2006 in accordance with the procurement requirements of Augusta-Richmond County. The only proposal received was from Republic Parking Systems, the current operator. The contract was awarded for a three-year period (expiries Jan 31, 2009), with an option to renew for two additional two-year terms. At present, Augusta is working to construct a Trade, Event and Exhibition Center on the site of a portion of the parking facility. There are also plans pending for an additional hotel with another parking facility in the immediate area. Maintaining our relationship with the current operator, at least through the planning stages, would be beneficial to Augusta. Their familiarity with existing operations would minimize disruptions and be a source of useful input on Cover Memo Item # 30 proposed development. The contract amount is based on an estimated cost of operations, plus an annual management fee of $25,000. Financial Impact:The total annual contract cost is estimated to be $211,000 which includes the actual cost of operations, plus the $25,000 management fee. Funds are budgeted in account #271-04- 1910. Alternatives:1. Extend the contract for management of the Marriott Riverfront Hotel parking facility with Republic Parking System for a period of two years. The total annual contract cost is estimated to be $211,000 which includes the actual cost of operations, plus the $25,000 management fee. This contract extension is for the period from February 1, 2009 through January 31, 2011. 2. Do not award the contract and issue an RFP for management of the parking facility. Recommendation:#1. Extend the contract for management of the Marriott Riverfront Hotel parking facility with Republic Parking System for a period of two years. The total annual contract cost is estimated to be $211,000 which includes the actual cost of operations, plus the $25,000 management fee. This contract extension is for the period from February 1, 2009 through January 31, 2011. Funds are Available in the Following Accounts: FUNDS ARE BUDGETED IN ACCOUNT #271-04-1910. REVIEWED AND APPROVED BY: Finance. Administrator. Clerk of Commission Cover Memo Item # 30 Commission Meeting Agenda 8/5/2008 2:00 PM McCarthy Drive Department:Clerk of Commission Caption:Motion to approve beginning the process of the closure of McCarthy Drive. (Approved by Engineering Services Committee July 28,2008) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 31 Commission Meeting Agenda 8/5/2008 2:00 PM Memorandum of Understanding for James Brown Blvd. Streetscape Department:Clerk of Commission Caption:Motion to approve Memorandum of Understanding for the James Brown Streetscape Project. (Approved by Engineering Services Committee July 28, 2008) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 32 Attachment number 1 Page 1 of 4 Item # 32 Attachment number 1 Page 2 of 4 Item # 32 Attachment number 1 Page 3 of 4 Item # 32 Attachment number 1 Page 4 of 4 Item # 32 Attachment number 2 Page 1 of 8 Item # 32 Attachment number 2 Page 2 of 8 Item # 32 Attachment number 2 Page 3 of 8 Item # 32 Attachment number 2 Page 4 of 8 Item # 32 Attachment number 2 Page 5 of 8 Item # 32 Attachment number 2 Page 6 of 8 Item # 32 Attachment number 2 Page 7 of 8 Item # 32 Attachment number 2 Page 8 of 8 Item # 32 Commission Meeting Agenda 8/5/2008 2:00 PM Removal of 25 Hazardous Trees Department:Public Services-Maintenance Division Caption:Motion to approve bid and award contract in the amount of $47,322.50 for removal of 25 hazardous trees to the lowest bidder, Empire Tree and Turf. (Approved by Engineering Services Committee July 28, 2008) Background:This Department strives to ensure safe travel for both motorists and pedestrians by removing hazardous trees. Many of the trees are diseased and could potentially be a hazard for pedestrians and motorists. We have had numerous diseased trees to fall since January, to include one tree which fell and damaged three houses. Analysis:Only two companies chose to bid on this project and one was non-compliant. These trees are in immediate need of removal and are beyond our ability to remove with County Forces. Financial Impact:Funds are available in the recapture of funds from SPLOST I, Storage Warehouse Roof Project on Tobacco Road, which is complete. Alternatives:1. Approve bid and award contract in the amount of $47,322.50 for removal of 25 hazardous trees to the lowest bidder, Empire Tree and Turf. 2. None, as the selected trees are a serious hazard. Recommendation:#1. Approve bid and award contract in the amount of $47,322.50 for removal of 25 hazardous trees to the lowest bidder, Empire Tree and Turf. Funds are Available in the Following Funds are available in Account general ledger # 272-01- 6215/6011110 job ledger # 208272999/6011110, SPLOST I Cover Memo Item # 33 Accounts: REVIEWED AND APPROVED BY: Finance. Administrator. Clerk of Commission Cover Memo Item # 33 Vendors:Bid Amount Bid Bond Stallion Tree Service P.O. Box 212418 Augusta, GA 30917 Tress R Us, LLC 1583 County Highway 336 Bear Creek, AL 35543 Byrd Brother, Inc. 5164 Lamm Road Wilson, NC 27896 Big Dog Stump & Tree, Inc P.O. Box 211063 Martinez, GA 30917 Empire Tree & Turf 2704 Gordon Highway Augusta, GA 30909 $47,322.50 Yes Georgia Power P.O. Box 310 Thompson, GA Mel Rosabal 430 Wexford Court Augusta, GA 30907 Natco, Inc. 1410 Highway 11W Bristol, TN 37620 Submitted No Response Bid Non-Compliant No Bid Bond (Bid Bond Submitted by Fax) Re-Bid #08-129A Removal of Twenty-Five Hazardous Trees for The City of Augusta Public Services Department Re-Bid Opening Date: Friday, June 27, 2008 at 11:00 A.M. LOCAL VENDOR(S) HIGHLIGHTED IN BLUE Attachment number 1 Page 1 of 1 Item # 33 Commission Meeting Agenda 8/5/2008 2:00 PM Request to abandon and return .07 acre right of way at Toucan Road Department:Engineering Caption:Motion to approve a request to return to donor, George E. Perkins, Sr., a .07 acre portion of right of way previously donated to County on August 23, 1978. Roadway has been modified in the past such that this portion of property is no longer needed for government use. (Approved by Engineering Services Committee July 28, 2008) Background:Property was donated by Geroge E. Perkins, Sr. on August 23, 1978 so as to extend Toucan Road to Davison Road. However, Touchan Road was later straightened, such that this part of the right of way is no longer needed. Analysis:Mr. Perkins has had a new plat drawn, at his expense, which has been approved by Engineering. Financial Impact:No financial impact anticipated. Alternatives:Refuse to return property to donor. Recommendation:Approve return of this property back to donor. Funds are Available in the Following Accounts: None needed. REVIEWED AND APPROVED BY: Finance. Cover Memo Item # 34 Administrator. Clerk of Commission Cover Memo Item # 34 Attachment number 1 Page 1 of 5 Item # 34 Attachment number 1 Page 2 of 5 Item # 34 Attachment number 1 Page 3 of 5 Item # 34 Attachment number 1 Page 4 of 5 Item # 34 Attachment number 1 Page 5 of 5 Item # 34 Commission Meeting Agenda 8/5/2008 2:00 PM Street Lighting Increase Department:Steven Cassell, Asst. Director, Traffic Engineering Caption:Motion to increase the rates for providing street lights in the suburban districts as requested by the Traffic Engineering Section. (Approved by Engineering Services Committee July 28, 2008) Background:Rates for the suburban street lighting districts have remained unchanged for over 10 years. During that time the costs of power has increased significantly to the point that currently there is a shortfall in the street lighting budget that is currently being subsidized by the general fund. The proposed increases, which are provided for each district in the attached, will cover this shortfall. Analysis:The proposed increases are based on power usage and required maintenance for each district. For existing districts, the proposed increases range from $0.05 to $0.24 per linear foot of street frontage. Based on an average street frontage of 100 feet, this translates into increases of between $5.00 and $24.00 per year. All new districts are charged higher rates for a period of four years to pay for installation as well as electricity and maintenance during that period. At the end of the four year period, these rates drop to lower rates to cover only electricity and maintenance costs. For new systems the proposed rate increases range from $0.20 to $0.30 per linear foot of frontage. Based on and average street frontage of 100 feet, this translates into increases of between $20.00 and $30.00 per year for the four year period. Financial Impact:The proposed increases will provide additional revenues to cover shortfalls for the fund which are currently being subsidized by the general fund. Alternatives:1) Approve the proposed rate increase. 2) Do not approve. Cover Memo Item # 35 Recommendation:Approve option 1. Funds are Available in the Following Accounts: 276-00-0000-3432110 REVIEWED AND APPROVED BY: Finance. Administrator. Clerk of Commission Cover Memo Item # 35 Rate ID Utility Description/Distri bution Type Light Wattage Total Frontage (ft) Old Rate ($/ft) Proposed Rate ($/ft) Net Increase ($/ft) GPO1 Georgia Power Overhead Existing 100 750,375.00 $0.32 $0.42 $0.10 GPO2 Georgia Power Overhead Existing 100 & 150 770,666.00 $0.33 $0.45 $0.12 GPO3 Georgia Power Overhead Existing 150 476,779.00 $0.32 $0.42 $0.10 GPO4 Georgia Power Overhead Existing 150 35,576.00 $0.37 $0.47 $0.10 GPO5 Georgia Power Overhead Existing 250 12,404.00 $0.38 $0.48 $0.10 GPO6 Georgia Power Overhead Existing 400 9,399.00 $0.39 $0.49 $0.10 GPU1 Georgia Power Underground New Installation 150 - $0.55 $0.85 $0.30 GPU2 Georgia Power Underground Existing 150 395,133.00 $0.31 $0.45 $0.14 GPU3 Georgia Power Underground Existing 250 3,651.00 $0.60 $0.65 $0.05 GPD1 Georgia Power Decorative New Installation 150 101,583.00 $0.90 $1.15 $0.25 GPD2 Georgia Power Decorative Existing 150 197,983.00 $0.45 $0.65 $0.20 PEO1 Planter's Electric Overhead Existing 100 5,415.00 $0.30 $0.41 $0.11 JEO1 Jefferson Electric Overhead Existing 100 207,994.00 $0.30 $0.41 $0.11 JEO2 Jefferson Electric Overhead Existing 100 & 150 495,921.00 $0.31 $0.43 $0.12 JEO3 Jefferson Electric Overhead Existing 150 57,156.00 $0.30 $0.41 $0.11 JEO4 Jefferson Electric Overhead Existing 100 & 400 - $0.34 $0.50 $0.16 JEU1 Jefferson Electric Underground Existing 150 228,176.00 $0.29 $0.41 $0.12 JEU3 Jefferson Electric Underground New Installation 150 - $0.50 $0.75 $0.25 JED1 Jefferson Electric Decorative New Installation 150 19,877.00 $0.75 $0.95 $0.20 JED2 Jefferson Electric Decorative Existing 150 89,353.00 $0.36 $0.60 $0.24 Suburban Street Light District Summary Item # 35 Commission Meeting Agenda 8/5/2008 2:00 PM Traffic Counters Purchase/Replacement Department:Steven J. Cassell, PE, PTOE, Asst Director Traffic Engineering Caption:Motion to authorize Traffic Engineering to purchase/replace 25 Roadside Traffic Counters and Recorders from Control Specialists Company in the amount of $23,125. (Approved by Engineering Services Committee July 28, 2008) Background:The Augusta-Richmond County Traffic Engineering Section of the Engineering Department currently has 25 roadside traffic counters that are over 10 years old. Through wear and tear as well as vehicular damage, these counters at times malfunction and yield inconsistent data or no data at all resulting in duplication of efforts. Moreover, the software that is used to download the data from the counters is obsolete and incompatible with current computer technology. The roadside counters are a necessary tool in providing accurate data in order to perform signal timing as well as to perform various other studies such as: Average Annual Daily Traffic, speed-volume studies, and vehicle classification studies that are used in planning efforts. Analysis:RFPs were received on June 13, 2008 with Control Specialists Company providing the only complete bid package and price quote within the budget limits. Purchase price includes a $150 credit per controller for trade-in of existing equipment. To that end, it is the Traffic Engineering Section’s recommendation to award this contract to Control Specialists Company. Financial Impact:Funding is available in Capital Outlay for Noncapitalized Equipment from account number 272.04.1710/5316210. Alternatives:1) Authorize Traffic Engineering to purchase/replace 25 Roadside Traffic Counters and Recorders from Control Cover Memo Item # 36 Specialists Company in the amount of $23,125. 2) Do not approve. Recommendation:Approve Alternative Number One Funds are Available in the Following Accounts: 272.04.1710/5316210 REVIEWED AND APPROVED BY: Finance. Procurement. Administrator. Clerk of Commission Cover Memo Item # 36 Attachment number 1 Page 1 of 1 Item # 36 Attachment number 2 Page 1 of 2 Item # 36 Attachment number 2 Page 2 of 2 Item # 36 Attachment number 3 Page 1 of 4 Item # 36 Attachment number 3 Page 2 of 4 Item # 36 Attachment number 3 Page 3 of 4 Item # 36 Attachment number 3 Page 4 of 4 Item # 36 Attachment number 4 Page 1 of 2 Item # 36 Attachment number 4 Page 2 of 2 Item # 36 Attachment number 5 Page 1 of 2 Item # 36 Attachment number 5 Page 2 of 2 Item # 36 Commission Meeting Agenda 8/5/2008 2:00 PM Utilities Contract with Logicalis, Inc. for Call Center Software Department:Utilitites; Drew Goins, Interim Director Caption:Motion to approve contract with Logicalis, Inc. to provide Call Center Management Software and Implementation Services to Augusta. (Approved by Engineering Services Committee July 28, 2008) Background:The Augusta Utilities Department (AUD) currently uses the city’s Cisco Voice-Over-Internet-Protocol (VOIP) phones and phone software in order to perform customer service within their two locations (Greene St and Peach Orchard Rd). Augusta IT has set up the phones so that call routing can be set up in order to ensure that calls are managed effectively, but the current call management software does not provide many customer-service oriented functions that AUD desires. The current solution, while serviceable, is not a true “call center” software that permits supervisors to use the system as a training tool, gather usage statistics, monitor customer-employee contact to determine if customer service obligations are being fulfilled and store calls for future reference. The current system does not offer these capabilities. AUD also has a limited IVR (Interactive Voice Response) system which customers can use to check their utility account balances and even arrange to pay their bills, but there have been no improvements on this system for several years. Analysis:Augusta released RFP 07-165 in 2007 and Logicalis was selected as the vendor of choice by the Augusta Utilities Department. AUD worked closely with Augusta Information Technology (IT) to determine that the technical solution was viable in our operating environment. The system proposed by Logicalis leverages the city’s existing investment in Cisco telephony equipment by incorporating the Cisco Unified Call Center (UCCX) solution and replacing the current IVR with a fully Cisco-compatible solution, which will eliminate Cover Memo Item # 37 existing problems with determining which vendor/interface is at fault in case of a technical problem. Additionally, the Cisco Call Manager contains the tools that AUD desires to ensure that employees are providing the expected level of service by offering supervisors the ability to monitor and interrupt calls, as well as track statistics (total calls received, average time to close out a call, etc) and provide detailed reporting that can be broken down to the specific operator level. Calls can also be recorded. Finally, the system is capable enough to manage both AUD customer service centers (Greene Street and Peach Orchard Road) as though they were located in one facility. Financial Impact:The total cost of the software and implementation should not exceed $157,885.00. The funds were budgeted and are available in 506043210-5426110 Alternatives:1.Approve recommendation 2.Do not approve and risk customer service problems in the call center. Recommendation:Approve Contract with Logicalis, Inc. to provide Call Center Management Software and Implementation Services to Augusta Funds are Available in the Following Accounts: 506043210-5426110 REVIEWED AND APPROVED BY: Procurement. Information Technology. Finance. Administrator. Clerk of Commission Cover Memo Item # 37 3440 Preston Ridge Rd. Suite 200 Alpharetta, GA 30005 City of Augusta 530 Greene St Annex 101 Augusta, Georgia 30911 Attn: Mr. Mike Blanchard Assistant Director, Information Technology Department Blanchard@augustaga.gov (706)821-2862 Dear Mike: Logicalis is pleased to participate in City of Augusta’s Cisco CallManager (CCM) software upgrade and Cisco Unified Contact Center Express (UCCX) Implementation project. As detailed below, the technical services provided will be accomplished with Logicalis’ continuing commitment to providing first-rate professional services utilizing the cumulative experience and resources of our Professional Services staff. City of Augusta currently uses the Cisco IP Telephony with Two CallManager servers running CCM 4.2(1) software on a DL380 G4 (3.4Ghtz, 4BG RAM, 4x72GB HD) hardware platforms, and Unity server running UM 4.1 software on a DL380 G4 (3.8Ghtz, 4BG RAM, 4x72GB HD) hardware platform integrated with MS Exchange 2003. City of Augusta currently supports their customer services call center using the Cisco CCM hunt group, TelePath IVR system and enQuesta customer account management and billing systems. The customer service agents service the callers either with the customer information popped up on their PC screen automatically if the caller enters their account #/primary telephone number/the last four digits of their SSN#, or manually enter the caller account # and has the customer information popped up on their screen if the callers fail to enter their account #/primary telephone number/the last four digits of their SSN#. City of Augusta has a need for assistance to upgrade their Cisco CallManager software and install Cisco’s Unified Contact Center Express solution. Design Description: The Cisco Unified Contact Center Express design Logicalis has chosen is shown in the diagram on the next page. This CCM upgrade and UCCX implementation project is divided into two phases to implement. Phase I Cisco CallManager software upgrade Upgrade the existing Cisco CallManager cluster from version 4.2(1) to 6.1 on the existing hardware DL380 G4 server platform. This upgrade will involve the OS change from MS Window to Linux. This CCM software upgrade is required prior to implement the Phase II of the project in the next section. Phase II Cisco Unified Contact Center Express (UCCX) Implementation CUCM Upgrade, Implement UCCX and Screen POPs with EnQuesta Page 1 of 12 May 30, 2008 AUGU70155K Attachment number 1 Page 1 of 12 Item # 37 12AB C3DEF45JKL6MNOGHI78TU V9WX YZPQRS*0OPER# 7960CISCO IP PHONE imessages directoriesse t tingsse rvi ces 12AB C3DEF45JKL6MNOGHI78TU V9WX YZPQRS*0OPER# 7960CISCO IP PHONE imes sa ge s d ire ctori esse t tingsse rvi ces 12AB C3DEF45JKL6MNOGHI78TU V9WX YZPQRS*0OPER# 7960CISCO IP PHONE imes sa ge s d ire ctori esse t tingsse rvi ces 12AB C3DEF45JKL6MNOGHI78TU V9WX YZPQRS*0OPER# 7960CISCO IP PHONE imes sa ge s d ire ctori esse t tingsse rvi ces 12AB C3DEF45JKL6MNOGHI78TU V9WX YZPQRS*0OPER# 7960CISCO IP PHONE imes sa ge s d ire ctori esse t tingsse rvi ces 12AB C3DEF45JKL6MNOGHI78TU V9WX YZPQRS*0OPER# 7960CISCO IP PHONE imes sa ge s d ire ctori esse t tingsse rvi ces SiSi City of Augusta will migrate its customer service call center function from the TelePath IVR system to the IP contact center based on Cisco Contact Center Express solution working with the enQuesta customer account management and billing systems. The proposed Cisco UCCX 5.0 solution consists of a pair of HP ProLiant DL380 G5 HA hardware servers, 20 concurrent UCCX Premium seat licenses and 10 Preview Blended Outbound seat licenses shared between the agents and supervisors between the two call center offices as shown in the following page. Scripting is required to pop the caller’s account information on agent’s PC screen based on caller’s account #/primary telephone number/the last four digits of their SSN#. Calls destined to the customer service call center will use the existing voice gateway module within the Cat6513 to reach the contact center. Contact center agents will use Cisco IP phones to handle incoming calls. Calls waiting in queue will be terminated on the UCCX server where callers will hear hold messages. Customer service call center agents will interact with the call center through Cisco’s Agent Desktop (CAD). CAD offers agents the ability to alter logged in/logged out and ready/not ready states at the touch of a button. It also provides real-time chat between agents and supervisors, banner messages from supervisors to all agents, call details (calling number, called number, time in queue, etc.) on the desktop. CUCM Upgrade, Implement UCCX and Screen POPs with EnQuesta Page 2 of 12 May 30, 2008 AUGU70155K Attachment number 1 Page 2 of 12 Item # 37 The installation will include on demand call monitoring, recording and standardized pre-packaged reporting. City of Augusta has the capability to integrate with various third-party call recording, screen capture and reporting solutions for enhanced functionality. The installation will also include the database integration with the existing Oracle-based enQuesta customer account management and billing systems for callers to access their account balance, last payment information and to make payment on their account. For making a payment the IVR will capture the payment information and will write it to a database table from which the City of Augusta will process the payment. The self-serving past month (water & sewer) usage, amount due and last payment function will be provided by querying the enQuesta customer database and delivering the content to the user via voice scripts which will be provided by the City of Augusta. The solution will contain up to five queues. All agents can serve any of the five queues based on their skills. There are less than 3 scripts and each of the scripts has no more than three layers of tree structure. The UCCX server will be located at the Augusta, GA Data Center with the CUCM cluster. The solution will also contain outdial functionality for customer shutoff notifications. The Back Door Telephony Interface currently on the TelePath IVR system as described in the Specifications For Telepath IVR System will not be implemented on the UCCX system due to lack of knowledge from the City of Augusta. A change control will be used to add this task to the project if the needs change. Tasks and Activities: The tasks and activities to be performed by Logicalis at your request are: 1. Project Overview The following paragraphs describe the steps for solution delivery of an UCCX basic call center for City of Augusta. Logicalis consultants provide post-sales infrastructure and IP Telephony design, implementation and support. Logicalis also assigns a Project Manager to coordinate resources and oversee the implementation. This Statement of Work proposes services on a time and materials basis. As such, some of the steps outlined below may not be required based on the information provided and work performed by City of Augusta’s staff. It is important to note that every effort has been made to provide an accurate estimate of the effort required to implement this project based on the information provided by City of Augusta. Modifications to the design and implementation plan could change the hours required to complete this project and would be handled via the change order process. 2. Project Acceptance x Statement of Work signed. x Equipment Ordered. 3. Planning and Introduction Teleconference x Project Manager and engineer(s) identified. x Status of equipment delivery is reviewed. x City of Augusta contacts for the project are identified. x Users and extensions discussed; BAT template sent to City of Augusta to identify extensions, user names, and user IDs. CUCM Upgrade, Implement UCCX and Screen POPs with EnQuesta Page 3 of 12 May 30, 2008 AUGU70155K Attachment number 1 Page 3 of 12 Item # 37 x Call flows and Auto Attendant are discussed. x Call flow templates sent to City of Augusta for preliminary input. x Preliminary exchange of information and documentation begins. 4. Project Kick-off Meeting x Project manager, primary, and secondary engineers introduced. x Status of equipment delivery is reviewed. x The preliminary “high level” project plan is presented and reviewed. x Adjustments are made to project plan as required. x Discuss the roles and responsibilities as defined in the project plan. x Review the broad range of services, risk factors, timelines, milestones, and contingencies affecting the project. 5. Technology Meetings During this phase of the project a Logicalis consultant will meet on-site to begin the discovery phase. The time required to complete the technology meetings can vary based on the City of Augusta’s knowledge of the existing infrastructure, current configuration, and future requirements. Topics covered include: o Contact center business requirements. o Overall call flow requirements. o Time of day routing. o Day of week routing. o After-hours call handling. o Agent skill groups and skills-based routing (if required). o Greetings and recordings. o Cisco Agent Desktop (CAD) installation. o Database access o Access to Customer data tables o Payment information data tables 6. Implementation Design and Configuration Acceptance Based on criteria developed during the technology meetings, detailed project documentation is compiled, and the project plan is modified as required. To ensure a successful deployment Logicalis will review all items below with the City of Augusta, GA and require signed acceptance of the following documentation prior to beginning the onsite implementation: x UCCX call routing details x Queue configurations x Script configurations with tree structure details x UCCX Server Installation Documentation (IP addresses, computer names, workgroups, DNS, gateway, …) x enQuesta database integration details x Acceptance Criteria Test Plan x Completed project plan with dates and milestones for all phases of the project. 7. UCCX Implementation ( Basic Incoming/outgoing Call Center) x Install UCCX servers at City of Augusta, GA location. x Integrate the UCCX server with City of Augusta, GA CallManager cluster. x Add CTI ports and route points for UCCX calls. CUCM Upgrade, Implement UCCX and Screen POPs with EnQuesta Page 4 of 12 May 30, 2008 AUGU70155K Attachment number 1 Page 4 of 12 Item # 37 x Modify agent IP phone configurations to support IPCC Express. x Develop queries for retrieving customer balance, last payment, and storing payments. x Develop call routing script to send the key-stroke macro to the enQuesta application databases for related screen pops based on discovery meetings. x Configure monitor, barge, intercept and call recording for supervisors x Work with City of Augusta, GA to develop standard reporting options for monitoring agent performance x Record prompts for the ACD (City of Augusta, GA staff will be responsible for recording the content of the prompts. Logicalis will assist with the recording process.) x Test and troubleshoot the script as required. x Install Cisco Agent Desktop (CAD) software on PCs provided by City of Augusta, GA. This activity is performed by by City of Augusta, GA. City of Augusta, GA will be responsible for ensuring agent PC’s are suitable for installing CAD. Logicalis consultant will show by City of Augusta, GA personal how to install CAD on PCs provided by City of Augusta, GA and test for CAD proper communication with the Cisco UCCX server. 8. Acceptance Testing x Review call flows/queues/scripts x Test recording x Test CADs x Logicalis will apply the acceptance testing criteria to the deployed solution. Any unacceptable results are corrected and documented. This criterion was developed during the Technology Meeting task (see above, Task 5). x Document acceptance-testing results. x Sign-off on the acceptance-testing by both Logicalis and City of Augusta, GA at the completion of the testing phase. 9. Post Implementation/Cut-over Support A Logicalis consultant will provide post installation/cut-over support to ensure a smooth transition to the UCCX solution. Logicalis recommends a minimum of 16 hours of support following the IPT cut- over. Support tasks include: x Assist users with questions, concerns, or issues using the UCCX system. x Monitor the new environment for stability. x Troubleshoot any issues that arise related to the implementation and cut-over. 10. Completion Criteria For the purpose of clarification and completion of the implementation a workable and usable IP telephony solution is described as follows: x The Cisco IPCC solution is installed and configured as agreed upon and signed as a result of the Technology Meeting task (see above, Task 5 and Task 6) x Agent is able to receive inbound calls via the appropriate queue. x Supervisors are able to monitor/ record calls x After hours/holiday hours calls are directed appropriately x Customers receive proper account and last payment information x Payments are stored in the table for processing x enQuesta screen is popped to the appropriate customer when proper info is supplied x When the above requirements are met through installation and configuration Logicalis’ obligations and expectations to both this document and will be completed. Any configuration CUCM Upgrade, Implement UCCX and Screen POPs with EnQuesta Page 5 of 12 May 30, 2008 AUGU70155K Attachment number 1 Page 5 of 12 Item # 37 not shown above will and can be done on a time and material basis estimated on a per incident basis. 11. Training x Agent training o Introduction o IPCC Client login o IPCC Client options (Ready, Not Ready, Reason Codes, and Agent Statistics etc.) o IPCC remote agent\queue call transfer o Hand-on o Q&A x Admin Training o Introduction o Application administration login o Agent line configuration and user import in CCM o Agent user import from CCM to IPCC o Setting up CCM to interoperate with IPCC o Queue implementation o Skill assignments to the agents and queues o Agent assignments to the queue o Historical and real time reporting o Hand-on o Q&A x Supervisor Training o Introduction o Supervisor login o Team management o Real time statistics of all the queues o Agent monitoring o Agent call recording and archiving o Team reports o Hand-on o Q&A 12. Project Management Project management is an essential ingredient for the success of an IP Telephony project. The Project Manager will play a vital role coordinating resources and keeping the project on track. Project management time will be charged according to actual hours accrued. Details include: x Project management tasks will be conducted throughout the duration of the project. x A weekly conference call will be provided to communicate project milestones, project contingencies, issue tracking, and resource allocation. x The Project Manager will provide weekly status reports on the hours worked and activities completed. x The Project Manager will compile the project documentation developed during the course of the implementation and present it in electronic form at the completion of the project. CUCM Upgrade, Implement UCCX and Screen POPs with EnQuesta Page 6 of 12 May 30, 2008 AUGU70155K Attachment number 1 Page 6 of 12 Item # 37 13. Deliverables The deliverables for this engagement will include: x Signed Scope of Work. x Signed Design/Configuration Acceptance criteria (step 6) x Project Change Orders (if any). x Copies of all Configurations (Switches, Routers, Communications Manager, etc). x Training Documents. x Project Close Documents. 14. Documentation Review and Final Presentation x Test & Acceptance criteria sign-off by Logicalis and City of Augusta. x Project completion and satisfaction survey sign-off by Logicalis and City of Augusta. Out of Scope: All items not specifically detailed in the Tasks and Activities section above are considered out of scope. Examples of out of scope items are detailed in the Assumptions, Roles, and Responsibilities section of this statement of work. Estimates: The total estimated time to complete this project is 434 hours as detailed in Table 1 below. Table 1: Task Description Hours Estimate 1 Cisco CCM 4.2 to CUCM 6.1 software upgrade 24 2 Cisco UCCX Implementation and Testing 330 3 Database Integration and Testing 56 4 Cisco UCCX administration, Supervisor, and Agent Training 24 Total 434 A status report summarizing hours of service and activities performed will be generated for each week in which service was delivered. Estimates may change once the project has begun. Should additional time be required past the time estimate, a change control document will be presented for approval. No work will continue past the original estimated time without your signature on the change control document approving the additional time. Pricing: The professional services listed above will be provided as a time-and-material engagement. Pricing for these services will be billed at $187.50 per hour per service consultant with an 8-hour onsite minimum. Should any of this work be scheduled outside of normal business hours (8:00 AM – 5:00 PM, Monday through Friday), on a holiday, or on the weekend, a 50% uplift to the hourly rate may apply. Travel expenses will be tracked separately and billed directly to the client. Travel expenses will include cost incurred from travel (airfare, rental car, mileage, tolls, and lodging). Meals, if any, will be billed at the per diem rate of $45. The amount does not include taxes, if any, which will be client responsibility. CUCM Upgrade, Implement UCCX and Screen POPs with EnQuesta Page 7 of 12 May 30, 2008 AUGU70155K Attachment number 1 Page 7 of 12 Item # 37 Invoicing will occur once per month at month end. This engagement is for services only. It is assumed City of Augusta will procure and have readily available appropriate hardware, licenses for software products, and features that are to be implemented. The delivery of services will be performed at a Logicalis facility and/or City of Augusta’s Augusta, Georgia location as indicated above. This document is valid for 30 days from date of issue, for services completed within 180 days of acceptance. Post-Project Support Option Descriptions: In addition to the IP/T configuration and installation, Logicalis also proposes four post-project support options: Option A: Logicalis IPC Gold Support Logicalis will provide 24x7 remote management services for Communications Manager, Unity, Gateways, Switches, and Routers. Logicalis will monitor, notify, and resolve all service affecting incidents. The service includes the following reports: x Summary Reports Hourly, daily and monthly x Forecast Reports 30, 60, 90 day x Correlation Reports Compare performance metrics for different devices x Quality of Service Reports Jitter, Latency, Packet Loss x Historical Reports Total Call Volume, Call Type Distribution x Admin Reports IP Telephony Inventory Option B: Logicalis IPC Silver Support Logicalis will provide 24x7 remote monitoring services for Communications Manager, Unity, Gateways, Switches, and Routers. Logicalis will monitor for all service affecting incidents and notify City of Augusta for City of Augusta’s resolution. For the first month, this service includes a ten (10) hour retainer for remediation and administrative tasks (moves, adds, changes) at a rate of $125 per hour. Support requests that exceed the retainer will be charged at the standard time- and-materials rate of $150 per hour. Option C: Logicalis IPC Standard Support Logicalis will provide a retainer service for remote IPC support at $125 per hour. For the first month, this service includes a twenty (20) hour retainer for remediation and administrative tasks (moves, adds, changes) at a rate of $125 per hour. For subsequent months, the retainer is five (5) hours at a rate of $125 per hour. Support requests that exceed the retainer will be charged at the standard time-and-materials rate of $150 per hour. Logicalis will provide a remote response to all requests within one business day (7AM – 7PM EST, Monday – Friday) of receipt of the request. Option D: No Logicalis IPC Support City of Augusta is comfortable with its abilities to provide “Day 2” support and does not wish to contract with Logicalis for any post-implementation support. Post-Project Support Option Selection: Gold: Post-Implementation Managed Service Option A: $2310 Per month (estimate) Start-up fees estimate is $2200) Detailed Statement of Work to be provided. Accept option CUCM Upgrade, Implement UCCX and Screen POPs with EnQuesta Page 8 of 12 May 30, 2008 AUGU70155K Attachment number 1 Page 8 of 12 Item # 37 Silver: Post-Implementation Monitoring Service Option B: $1515 For first month (estimate). Start-up fees estimate is $2200) Detailed Statement of Work to be provided. Accept option Standard: Post-Implementation Remote Support Retainer Service Option C: $2,500 (20 hours @ $125 per hour for the first month) $625 (5 hours @ $125 per hour for subsequent months). Travel expenses not included.) Accept option No Post-Implementation Support Option D: No Logicalis post-implementation support Accept option Assumptions, Roles and Responsibilities The IP Telephony project quoted in this proposal is based on the following assumptions, roles, and responsibilities: Facilities x City of Augusta will be required to provide an adequate environment for any equipment to be installed, including, but not limited to: power, lighting, cabling, UPS systems, temperature, climate controls and racks. x City of Augusta will be required to provide appropriate workspace for Logicalis’ consultants, with desk, phone, and network connectivity. Information x The recommendations within this proposal are based on the information gathered from City of Augusta. Some of the design and services are the result of certain assumptions. Logicalis reserves the right to re-address this response to arrive at a finalized design if additional details are discovered / disclosed that were not initially provided by City of Augusta. x City of Augusta will be required to provide current IP addressing scheme. x City of Augusta will be required to provide a complete extension overview and network 4/5-digit dialing plan. x Based on modifications in the information collected, any modifications to the solution proposed, or any clarifications provided to the information presented, Logicalis reserves the right to modify its proposal accordingly. Resources and Access x City of Augusta will be required to provide a dedicated project resource(s) for project participation. x On occasion, Logicalis could require supervisory access to key infrastructure components within City of Augusta’s environment. x Logicalis will require timely access to City of Augusta technical and administrative personnel during this engagement. x Project will be scheduled at a mutually agreeable time between Logicalis and City of Augusta. Exceptions CUCM Upgrade, Implement UCCX and Screen POPs with EnQuesta Page 9 of 12 May 30, 2008 AUGU70155K Attachment number 1 Page 9 of 12 Item # 37 x City of Augusta is responsible for ensuring their application databases - enQuesta customer account management and billing systems do support key-stroke macro. x City of Augusta, GA will be responsible for ensuring agent PC’s are suitable for installing CAD. x City of Augusta, GA is responsible for providing the PC’s and installing the Cisco Agent Desktop (CAD) software on PCs. Logicalis will demonstrate how to perform the (CAD) installation. x City of Augusta, GA will be responsible for providing the voice scripts used in the self-serving past month (water & sewer) usage, amount due and last payment function. x The Back Door Telephony Interface currently on the TelePath IVR system as described in the Specifications For Telepath IVR System will not be implemented on the Cisco UCCX system under this statement of work due to lack of information required to scope the services. Logicalis can address these requirements and prepare a change order for the additional services once those requirements are fully understood. x Changes to network operating systems, addressing, Internet connectivity, workstation configurations or any work not explicitly stated within this proposal would be outside the scope of this proposal and are billable. x City of Augusta will be responsible for all product-shipping charges. This includes shipping from Logicalis’ facility to City of Augusta’s facility, and shipping from the manufacturer to Logicalis’ facility. x Logicalis is not responsible for any work outside of the statement of work, the stated products, or software features that are listed on the proposal. x Services rendered outside of scope and approved via the change control process would be billed at the time and materials rate. x City of Augusta and Logicalis must approve and sign off on any work done out of scope before commencement of services. Project Assumptions: x The estimate provided is based on the UCCX requirements provided to Logicalis by City of Augusta, GA. Those requirements are detailed in this statement of work. Logicalis will work with City of Augusta, GA to develop the final UCCX configurations (queues, scripts, call routing, enQuesta database integration) during the technology meetings (task 5). Logicalis will require signed acceptance of the final configuration (task 6) prior to implementation. Any changes to the requirements as understood by Logicalis and detailed in this statement of work and/or configuration modifications after signed acceptance (task 6) would be handled via the Logicalis change control process. Any changes required could affect the consulting time required and overall cost of the project. x The project will involve some ‘transfer of knowledge.’ The purpose of technology transfer is to explain what Logicalis accomplished and provide a high level overview of how it was accomplished. Clients without previous experience in the technology should not expect to become proficient as a result of technology transfer. Proficiency can only be achieved through formal training and experience. x The terms of the Master Agreement between Augusta, GA and Logicalis, dated May 27, 2008, are incorporated herein by reference.. x For any product shipped to a Logicalis facility associated with this engagement, the customer will be billed for that product Net 30 upon shipment of the product to Logicalis by Cisco or authorized Cisco distributor. x Only activities identified in this engagement letter will be performed. If other work is desired or additional activities are identified a change order or new statement of work will be required prior to completion of that work or those activities. x Circuit provisioning, circuit trouble-shooting, and City of Augusta representation to carrier vendors will be the responsibility of City of Augusta, although Logicalis may be contracted to assist with these tasks. x City of Augusta is responsible for ensuring that all telecommunications circuits are installed and operational according to the functional specifications and dates required for the project. x City of Augusta is responsible for obtaining the software media for CUCM 6.1 prior to implement Phase I of the project. CUCM Upgrade, Implement UCCX and Screen POPs with EnQuesta Page 10 of 12 May 30, 2008 AUGU70155K Attachment number 1 Page 10 of 12 Item # 37 x LOGICALIS shall obtain a cashier’s check for 100% of the dollar amount of services described in the Scope of Work for the first Cisco Contact Center Engagement. This does not include third-party hardware or software. Proof of the Cashier’s Check Acquisition must be attached as Exhibit to the Scope of Work. CUSTOMER shall refund the total amount of the cashier’s check to LOGICALIS within thirty (30) days of completion of the services described in the Scope of Work. x The Scope of Work will operate in accordance with Augusta, GA RFP 07-165 and any item herein outside of such must be completed as in contract or be subject to penalty clause. In case of conflict between the original RFP and this Scope of Work, this SOW 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. Ordering Process: To confirm our retention and authorize work to begin on your project, please return two (2) copies of this letter signed in the “Acceptance” area on the next page. Alternatively, you may FAX a copy to (770)325- 2110. Upon acceptance by Logicalis, a counter-signed copy will be returned to your attention. Logicalis will then be prepared to start scheduling the delivery of these services within 30 days. Summary: We look forward to working with you. Please let me know if you have any questions regarding the contents of this letter. Sincerely, LOGICALIS John Stone Account Executive (770)325-2112 (770)325-2110 Fax John.Stone@us.logicalis.com cc: John Condon, Lara Constantino, David Cartmel, Charles Lan CUCM Upgrade, Implement UCCX and Screen POPs with EnQuesta Page 11 of 12 May 30, 2008 AUGU70155K Attachment number 1 Page 11 of 12 Item # 37 Implement UCCX and Screen POPs with EnQuesta Consulting from Logicalis for City of Augusta Estimate: $81,375.00 (434 hours @ $187.50 per hour. Travel expenses not included.) Acceptance: Accepted By: Accepted By: City of Augusta Logicalis, Inc. Signature Signature Title Title Date Date City of Augusta P.O. Number Logicalis Project Number (if provided) (when available) City of Augusta FAX Number Billing Contact: Billing Contact Correction: Mr. Mike Blanchard City of Augusta 530 Greene St Annex 101 Augusta, Georgia 30911 (706)821-2862 CUCM Upgrade, Implement UCCX and Screen POPs with EnQuesta Page 12 of 12 May 30, 2008 AUGU70155K Attachment number 1 Page 12 of 12 Item # 37 MASTER AGREEMENT PROFESSIONAL SERVICES, MANAGED SERVICES AND PRODUCTS Page 1 of 12 This MASTER AGREEMENT is entered into as of May 27, 2008 (the "Effective Date") between Logicalis, Inc., a New York Corporation with offices at 1750 S. Telegraph Rd., Suite 300, Bloomfield Hills, Michigan 48302 (“LOGICALIS”) and Augusta, GA a political subdivision of the State of Georgia (“CUSTOMER”) having a place of business at 530 Greene Street, Augusta, GA U.S.A., 30901 RECITALS LOGICALIS is a company specializing in the provision of IT Integration Services to its customers. These services include Professional Services, Managed Services and Products. CUSTOMER desires to engage LOGICALIS to implement a Call Center Solution for the Augusta Utilities Department (AUD). The purpose of this Master Agreement is to create certain uniform Terms and Conditions applicable to this project. Terms and Conditions unique to this project will be detailed in a customized Statement of Work/Quotation. Therefore, in consideration of the mutual covenants and agreements herein, all future sales of Professional Services and Managed Services, as hereinafter defined, from LOGICALIS to CUSTOMER incorporate the following terms and conditions and replace any and all conflicting terms until this agreement is terminated by either party in accordance with the terms hereof: DEFINITIONS 1. Products The term "Products" is refers to goods, third party software and Services Sold by Part Number, as hereinafter defined. "Services Sold by Part Number" are services which, unlike LOGICALIS Professional Services (see the defined term below), refer to all other services which, although they may be ordered from LOGICALIS, are to be supplied by a vendor (i.e., LOGICALIS does not directly perform or control the work). 2. Professional Services The term "Professional Services" refers to LOGICALIS professional services that are under LOGICALIS' direct supervision. 3. Managed Services The term "Managed Services" refers to LOGICALIS services related to the ongoing maintenance, hosting and/or monitoring of IT Systems. STATEMENTS OF WORK AND QUOTATIONS 4. Construction Unless expressly provided to the contrary, each Statement of Work ("SOW") and quotation are independent (i.e. the terms of one SOW/quotation do not affect or modify the terms of any other SOW or quotation). Each such SOW or quotation is construed, incorporating the terms of this Agreement, as a single independent agreement. In the event of a conflict between any SOW, quotation or purchase order and this Agreement, the terms of this Agreement govern. Attachment number 2 Page 1 of 12 Item # 37 Page 2 of 12 PRODUCT TERMS The following terms apply only to Products: 5. Product Returns and Warranty Assistance (a) LOGICALIS hereby passes through to CUSTOMER, (and agrees to facilitate utilization of) manufacturer’s product return policies and the manufacturer’s warranties. (b) In no event will LOGICALIS provide product return or warranty coverage beyond that provided by the manufacturer. Products that are accepted for return by LOGICALIS are subject to LOGICALIS’ applicable restocking fee(s). (c) CUSTOMER acknowledges that LOGICALIS is reselling (and not itself providing) all Products purchased by CUSTOMER, including, without limitation, software and Services Sold by Part Number. CUSTOMER accordingly acknowledges the terms and conditions governing the use of such Products shall be solely between CUSTOMER and the vendor. LOGICALIS MAKES NO WARRANTY REGARDING THE Products. 6. Product Warranty Disclaimer LOGICALIS MAKES NO WARRANTIES OF ANY KIND WITH REGARD TO THE Products. LOGICALIS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AS TO THE Products, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 7. Shipment and Risk of Loss for Product Sales All shipments of Products by LOGICALIS to CUSTOMER will be FOB point of shipment. Insurance coverage, transportation costs and all other expenses applicable to shipment from LOGICALIS to CUSTOMER’s identified point of delivery will be the responsibility of the CUSTOMER. Risk of loss will pass to the CUSTOMER upon delivery of the products to the common carrier (regardless of who pays such common carrier) or the CUSTOMER’s representative at LOGICALIS’ point of shipment. 8. Product Security Interest CUSTOMER grants LOGICALIS a security interest in and to the Products as security for payment in full of the purchase price. CUSTOMER agrees that acceptance of these Terms and Conditions constitutes acceptance of this security agreement. LOGICALIS is hereby authorized to file and/or record any documents it deems necessary to perfect this security interest. 9. Permitting Compliance for Product Sales CUSTOMER will obtain all licenses, permits and approvals required by any governmental agency, foreign or domestic, having jurisdiction over the transaction. 10. Sections Inapplicable to Products Certain terms and sections in this Agreement apply specifically to either Managed Services, Products or Professional Services in accordance with their terms. A few of the key sections inapplicable to Products and Product sales are: Service Warranties (Sections 11-17), Intellectual Property (Section 20-29), Insurance (Section 31). LOGICALIS’ REPRESENTATIONS AND WARRANTIES FOR PROFESSIONAL AND MANAGED SERVICES 11. Personnel Qualified and properly trained personnel will perform Managed Services rendered to CUSTOMER in accordance with the terms of this Agreement. Attachment number 2 Page 2 of 12 Item # 37 Page 3 of 12 12. Security LOGICALIS shall maintain commercially reasonable precautions against the destruction, loss, or erroneous alteration of the CUSTOMER's data while in the LOGICALIS’ possession. 13. No Conflict This Agreement and the transactions contemplated herein do not conflict in any material respect with any other agreement arrangements or transactions to which LOGICALIS is a party or by which it may be bound. 14. No Infringement The Managed Services and Professional Services provided or licenses furnished to CUSTOMER under this Agreement will not infringe upon the proprietary rights of any third party. 15. Independent Contractor LOGICALIS, in the performance of services hereunder, is and shall at all times be an independent contractor and shall not be deemed an employee or agent except in those instances in which a specific agency letter is executed by CUSTOMER, in order to allow LOGICALIS to provide services to CUSTOMER under this Agreement. 16. Warranty LOGICALIS warrants that the Managed Services and Professional Services will be performed in a manner consistent with good practice in the computer services industry. In the event the Managed Services or Professional Services provided by LOGICALIS are not in conformance with this warranty, LOGICALIS will supply commercially reasonable Managed Services or Professional Services, as applicable, to correct the deficiency at no charge to CUSTOMER. THIS IS CUSTOMER’S EXCLUSIVE REMEDY FOR BREACH OF WARRANTY. 17. Warranty Disclaimer relating to Managed Services and Professional Services. LOGICALIS MAKES NO WARRANTIES OF ANY KIND (other than the limited and exclusive warranty provided under the preceding section). LOGICALIS DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, if applicable. LIMITATION OF LIABILITY 18. Limitation of Liability NO MONETARY RECOVERY IS AVAILABLE FROM LOGICALIS FOR WARRANTY CLAIMS. IN ADDITION, IN NO EVENT WILL LOGICALIS’ LIABILITY TO CUSTOMER EXCEED THE PURCHASE PRICE PAID FOR: (a) 6 month's base charge for the Managed Service that is the basis of the claim or (b) the amount charged by LOGICALIS for the Professional Service that is the basis of the claim or (c) the amount charged for the Product that is the basis of the claim. LOGICALIS WILL NOT, IN ANY EVENT, BE LIABLE FOR ANY LOSS OF REVENUE, PROFIT, USE OF DATA, INTERRUPTION OF BUSINESS OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE THE Managed Service OR Professional Service OR Product, OR IN ANY WAY CONNECTED TO THIS AGREEMENT or any related SOW, quotation or purchase order, EVEN IF LOGICALIS HAS BEEN ADVISED OF SUCH Attachment number 2 Page 3 of 12 Item # 37 Page 4 of 12 DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, INFRINGEMENT OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY, CONTRIBUTION, OR OTHERWISE. 19. Non Managed Systems LOGICALIS shall not be liable for damages caused by services, systems, software, or other components that neither it nor its employees, agents or subcontractors furnish or manage pursuant to this Agreement. Nor shall LOGICALIS be liable for damages to ANY CUSTOMER site or CUSTOMER designated co-location site resulting from the furnishing of Managed Services or Professional Services, including the installation and removal of equipment and associated cabling, unless the damage is caused by LOGICALIS’ gross negligence or willful misconduct. INTELLECTUAL PROPERTY/PROPRIETARY RIGHTS The following terms apply only to sales of Managed Services and Professional Services: 20. Grant of Rights Upon payment in full for all charges under this Agreement, LOGICALIS will grant CUSTOMER such rights, title, and interest it may own to the software and documentation developed by LOGICALIS specifically for CUSTOMER under this Agreement subject to the following limitation. LOGICALIS retains a world-wide, unlimited, perpetual and royalty free right to (i) copy and use the software and documentation internally for any purpose; (ii) copy and distribute to third parties software which performs a general utility function; and (iii) use for any purpose any concepts, ideas, or techniques resulting from the development of the software and documentation by LOGICALIS. 21. Enhancements to Intellectual Property LOGICALIS retains all right, title, and interest in the software and documentation that is an enhancement to or modification of existing software or documentation owned or distributed by LOGICALIS and grants to CUSTOMER a nonexclusive, nontransferable, royalty-free license to use the software and documentation on all of the CUSTOMER’s computer systems. 22. Existing Intellectual Property Any LOGICALIS software, equipment or consulting, programming, or management tools which may be furnished or utilized by LOGICALIS in the performance of these services shall remain the property of LOGICALIS and shall be immediately returned to LOGICALIS upon its request or upon completion of the Managed Services or Professional Services, as applicable. 23. Managed Services Information All data or information supplied by either party to the other in connection with Managed Services is and shall remain the property of such party. All such data or information is subject to the confidentiality provisions contained in Section 30 of this Agreement. 24. LOGICALIS Media Unless furnished by CUSTOMER, all media upon which the CUSTOMER'S data is stored is and shall remain the property of LOGICALIS. 25. Return of Proprietary Data Upon expiration or termination of this Agreement for any reason, and upon request by the CUSTOMER, LOGICALIS will return to the CUSTOMER, all data in its possession at the date of termination in its then existing format and on its existing media. Any conversion of format or media performed by LOGICALIS in order to discharge its obligations under this Section shall be at LOGICALIS' expense. Attachment number 2 Page 4 of 12 Item # 37 Page 5 of 12 26. Only Express Grants Nothing in this Agreement shall be construed to grant to either party any ownership or other interest in the confidential and proprietary software information or data of the other or of third parties, except as may be provided under an express license specifically applicable to such Intellectual Property. 27. Right To Use CUSTOMER Software By execution of this Agreement CUSTOMER authorizes LOGICALIS to determine whether or not software specified in any Exhibit is currently in place, operational and maintained and supported at the level required for LOGICALIS to perform the services required under this Agreement. CUSTOMER grants LOGICALIS, at no charge, the right to use any CUSTOMER owned or developed application software systems required by LOGICALIS to provide the Managed Services specified in any SOW to CUSTOMER. Further, CUSTOMER will pursuant to paragraph 29, indemnify LOGICALIS from any claim of infringement by any third party relating to such software, and will obtain the right to continue using the system without cost to LOGICALIS. 28. Right To Use Third Party Software A list of software and/or technology, if any, which at the time of execution of this Agreement is licensed by a third party vendor to CUSTOMER, which CUSTOMER believes is necessary and appropriate to the performance of the services specified in any SOW, will be set forth in a separate Exhibit and incorporated in this Agreement. In the event third party software or technology is utilized by LOGICALIS in performing services under this Agreement, CUSTOMER will obtain appropriate authorization for LOGICALIS to use each of the listed software programs or technologies. CUSTOMER shall pay any costs imposed by any third party vendors or licensors for LOGICALIS’ use of such software or technology. 29. Indemnification Each of the parties will indemnify, defend and hold harmless the other from any and all claims, actions, liabilities, damages, costs and expenses, including reasonable attorney's fees and expenses, arising out of any third party claims of infringement of any patents, copyrights, license, trademarks, service marks or any other property right, provided by the indemnifying party to the indemnified party in connection with this Agreement if the indemnifying party is notified as soon as practicable of such claim. The indemnifying party shall have the right to control the defense of all such claims, lawsuits or other proceedings. In no event shall the indemnified party settle any such claim, lawsuit or proceeding without the indemnifying party's prior approval. CONFIDENTIALITY 30. Confidential Information (a) Written and oral information designated as confidential by either party whether before or after the effective date of this Agreement shall be held in strict confidence and used only for purposes of this Agreement. Except as required by law, no confidential information, including the provisions of this Agreement, shall be disclosed without the prior written consent of the party designating the information as confidential. If either party is required to disclose any confidential information of the other party, the party so required shall notify the other party immediately and shall cooperate in seeking a reasonable protective order. This section shall not apply to information, which is (i) in the public domain, (ii) already known to the recipient, (iii) developed independently or (iv) received from a third party without similar restriction and without breach of this or a similar agreement. Attachment number 2 Page 5 of 12 Item # 37 Page 6 of 12 (b) Georgia Open Records Act LOGICALIS 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.). LOGICALIS shall cooperate fully in responding to such requests and shall make all records, not exempt, available for inspection and copying as required by law. LOGICALIS shall clearly mark any information provided to CUSTOMER which LOGICALIS contends is Proprietary Information. LOGICALIS shall notify CUSTOMER immediately of any Open Records request arising out of this contract and shall provide to CUSTOMER a copy of any response to the same. INSURANCE 31. CUSTOMER Insurance (a) During the term of this Agreement, CUSTOMER shall keep any property in LOGICALIS’ possession, whether at a co-location site or at a LOGICALIS facility, covered under a Commercial General Liability or Casualty Loss policy with combined limits for damage to or loss of such equipment in an amount equal to the value of such property or equipment. (b) CUSTOMER shall promptly furnish LOGICALIS, if requested, certificates of insurance providing proof of the foregoing insurance. CUSTOMER shall notify LOGICALIS in writing at least thirty (30) calendar days prior to cancellation of, or any material change in such coverage. 32. LOGICALIS Insurance During the performance of each Statement of Work, LOGICALIS will have and maintain in force the following insurance coverages: (a) Workers Compensation Insurance. Workers compensation insurance, including occupational illness or disease coverage, or other similar social insurance in accordance with the laws of the country, state, or territory exercising jurisdiction over the employee and employer's liability insurance with a minimum limit of $1,000,000; (b) General Liability Insurance. Commercial general liability insurance, including products, completed operations liability and personal injury, contractual liability and broad form property damage liability coverage for damages to any property with a minimum combined single limit of $2,000,000 per occurrence; (c) Automotive Liability Insurance. Automotive liability insurance covering use of all owned, non-owned, and hired automobiles with a minimum combined single limit of $1,000,000 for bodily injury and property damage liability; (d) Umbrella Liability Insurance. Umbrella liability insurance with a minimum limit of $5,000,000; (e) Employee Liability Insurance. Employee dishonesty and computer fraud coverage for loss arising out of or in connection with any fraudulent or dishonest acts committed by the employees of LOGICALIS, acting alone or in collusion with others, including the property and funds of others in their care, custody or control, in a minimum amount of $2,000,000; (g). Professional Liability/Errors and Omissions. Professional liability/errors and omissions insurance in the amount of $1,000,000 per claim. Attachment number 2 Page 6 of 12 Item # 37 Page 7 of 12 The insurance coverage’s described in sections b, c, d, and e of this section will be endorsed to the CUSTOMER as additional insured’s. Prior to commencing work under a Statement Work Order, LOGICALIS will cause its insurers to issue certificates of insurance to CUSTOMER evidencing that the coverage’s and policy endorsements required under the Agreement are maintained in force, naming the CUSTOMER as additional insured, when applicable, and requiring that not less than thirty (30) days written notice will be given to CUSTOMER prior to any modification, cancellation, or non-renewal of such policies. PAYMENT 33. Price and Payment Terms The prices in this Agreement are exclusive of all applicable taxes, duties, licenses, and tariffs levied upon the sale, purchase or delivery of the Managed Services, Professional Services and Products which remain the CUSTOMER’s obligation. Prices quoted for Products are firm for thirty (30) days unless otherwise provided on the Offer. Payment is due thirty (30) days from the date of the invoice. All payments will be made in US currency. Out of pocket expenses will be charged as incurred but shall not exceed an amount to be specified in LOGICALIS’ schedule of charges attached to the Scope of Work. 34. Taxes CUSTOMER is tax-exempt and shall be liable for no taxes related to goods or services procured as part of this project. TERM AND TERMINATION 35. Initial Term and Renewals The term of this Master Agreement will commence upon the Effective Date and continue for a period of one year beyond the implementation date of services provided under the Scope of Work. 36. Termination for Convenience This Master Agreement, or any Statement of Work for Professional Services or Product order issued pursuant to this Master Agreement, may be terminated without cause by CUSTOMER upon thirty (30) days prior written notice to LOGICALIS provided that CUSTOMER pays all amounts due under this agreement, including, without limitation, amounts due under section 38. Managed Services Statements of Work, because of the upfront investment by LOGICALIS, are not terminable at will by CUSTOMER and shall survive termination of this Agreement. No such termination or expiration of this Master Agreement or any related Statement of Work will release CUSTOMER from the obligation to pay any sum which may then be due to LOGICALIS. 37. Termination for Default This Master Agreement or any Statement of Work issued pursuant to this Master Agreement, may be terminated by LOGICALIS or CUSTOMER upon the occurrence of one or more of the following: (1) if the other party seeks protection under any bankruptcy law; (2) if the other party becomes insolvent, makes an assignment for the benefit of creditors, appoints or suffers appointment of a receiver or trustee over its property, files a petition under any bankruptcy or insolvency act or has such petition filed against it; (3) if the other party is in material default of any provision hereof and such default is not cured within thirty (30) days after giving notice, this Master Agreement will automatically terminate. All outstanding amounts owed LOGICALIS hereunder, including, without limitation, amounts owed pursuant to section 38 shall be paid upon any such termination by CUSTOMER. 38. Payment and Indemnification upon Termination If this Agreement or any Statement of Work or order hereunder terminates prior to completion of any Attachment number 2 Page 7 of 12 Item # 37 Page 8 of 12 such order or SOW or any amounts remain due an owing to LOGICALIS hereunder, LOGICALIS will be entitled to: (i) indemnification from CUSTOMER regarding any losses related to the outstanding order/statement of work (for example, if an order with a vendor is outstanding and cannot be cancelled by LOGICALIS, CUSTOMER will still be responsible for that order notwithstanding any termination), (ii) to keep any payments already received on such project for work satisfactorily performed, (iii) to payment from CUSTOMER for charges incurred up to and including the date of receipt of the termination notice and (iv) to payment for any charges relating to work satisfactorily provided by LOGICALIS after such date if such work was requested and approved by CUSTOMER in connection with such termination (e.g., transition services). In addition, if the Managed Services or Professional Services are provided on a fixed price basis, LOGICALIS will be entitled to keep any payments already received and to receive a pro rata portion of the next payment due, which will be determined by allocating an equal portion of such payment to each day between the date the previous payment was earned and the date on which the next payment is scheduled (or is estimated if no such schedule exists) to be made. 39. Additional Terms for Managed Service Termination In the event the Agreement is terminated or expires for any reason, the following terms will apply relating to Managed Services: (a) CUSTOMER will pay all fees and expenses due and payable through the termination date; (b) LOGICALIS will exercise reasonable efforts and cooperation to effect an orderly and efficient transition of Managed Services to any successor provider identified by CUSTOMER. (c) LOGICALIS will fully disclose to CUSTOMER all relevant information regarding the equipment, software and third party vendor services required to perform Managed Services as required under this Agreement. (d) LOGICALIS will make reasonable effort to affect a transfer or assignment of relevant licenses or agreement(s) for software or any third party services utilized exclusively to provide Managed Services under this Agreement to CUSTOMER. (e) LOGICALIS may agree, upon mutual agreement of the parties, to continue to provide transition Managed Services to CUSTOMER. LOGICALIS shall negotiate with the identified successor provider of Managed Services to determine the extent and cost of the transitional services required for the orderly transfer of the Managed Services provided under this Agreement and separately quote these proposed transition services to CUSTOMER. GENERAL TERMS 40. Third Party Service Contracts Third party service contracts on the hardware and software to be managed by LOGICALIS pursuant to a Managed Service engagement under this Agreement shall be continued in full force and effect by CUSTOMER at its expense during the entire term of the Agreement. 41. Work Assignments LOGICALIS retains the right to assign such personnel, including subcontractors, as it deems appropriate. 42. CUSTOMER Coordination CUSTOMER will provide a primary point of contact and make available all technical matter, data, information, operating Attachment number 2 Page 8 of 12 Item # 37 Page 9 of 12 supplies, and computer system(s), as reasonably required by LOGICALIS. LOGICALIS will assign a primary contact person for the Professional Services or Managed Services. 43. Forbearance No Waiver Forbearance or neglect on the part of either party to insist upon strict compliance with the terms of this Agreement shall not be construed as or constitute a waiver thereof. However, a failure of the CUSTOMER or LOGICALIS to comply with the terms of this Agreement may be expressly waived only in writing by the other party. 44. Agreement Binding On Successors This Agreement shall inure to the benefit of and be binding upon the successors and permitted assignees of the respective parties. 45. Relationship of Parties The parties hereto are independent contractors and this Agreement shall not, create or imply an agency relationship between the parties. Pursuant to and during the term of this Agreement, LOGICALIS may, from time to time, request that the CUSTOMER execute such instruments and documents appointing LOGICALIS an agent of the CUSTOMER for a specific limited purpose. CUSTOMER shall, in a timely manner, execute and deliver to LOGICALIS or the third party requiring the same, such instruments designating LOGICALIS as CUSTOMER'S agent to the extent required by LOGICALIS to manage and perform to Managed Services provided by it under this Agreement. 46. Non-Assignment CUSTOMER may not assign this Agreement, or any of its rights or obligations hereunder without the prior written consent of LOGICALIS. 47. Severability In the event that any of the provisions of this Agreement are declared or held by a court of competent jurisdiction invalid, illegal or unenforceable, the unaffected portions of this Agreement shall be unimpaired and remain in full force and effect. In the event of such a ruling the parties shall negotiate in good faith a substitute for the provision declared invalid, illegal or unenforceable. 48. Notices Any notices or other communications required or permitted to be given or delivered under this Agreement shall be in writing and shall be sufficiently given if sent by first class certified, or overnight delivery mail, postage prepaid, or by facsimile: If to the CUSTOMER: Tameka Allen, IT Director 530 Greene Street, A-101 Augusta, GA 30901 T: 706.821.2522 F: 706.821.2530 Copies to: Fred Russell, City Administrator 530 Greene Street, Room 801 Augusta, GA 30901 T: 706.821.2400 If to LOGICALIS: Attachment number 2 Page 9 of 12 Item # 37 Page 10 of 12 Logicalis, Inc. Attn: General Counsel 1750 South Telegraph Road, Suite 300 Bloomfield Hills, MI 48302 49. Errors LOGICALIS shall not be held accountable nor incur any additional costs due to discrepancies, errors, omissions in documentation or other information supplied by the CUSTOMER. 50. Modification of Agreement No modification to this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the parties. 51. Counterparts Execution of counterparts of this Agreement shall be construed as execution of an original. 52. Captions The captions used in this Agreement are for convenience of reference only and do not constitute an integral part of this Agreement. 53. Rights and Remedies Except as otherwise expressly provided herein, the rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies CUSTOMER and LOGICALIS have at law or equity. 54. Entire Agreement This Agreement and any related SOW or order, contain the complete agreement between the parties and shall, as of the Effective Date hereof, supersede all other agreements or negotiations and understandings, written or oral, between the parties relating to the subject matter hereof. The parties stipulate that neither of them has made any representation with respect to the subject matter of this Agreement or the execution or delivery thereof except such representations as are specifically set forth herein. Each of the parties hereto acknowledges that they have relied on their own judgment in entering into this Agreement. 55. No Solicitation of Employees Each party agrees that during the term of this Agreement, and for a period of one year after the termination or expiration of this Agreement, it will not solicit, without the other party’s prior written consent, any person employed then by the other party if such person became known to the soliciting party through the relationship established pursuant to this Agreement. This prohibition will not apply to undirected job opportunities posted on recruiting web sites or in other publications in which one party seeks to find candidates for open positions. 56. Force Majeure (a) Neither party shall be liable to the other party for any delay or failure to perform, which delay or failure is due to causes or circumstances beyond its control and without its fault or negligence including acts of civil or military authority, national emergencies, labor strikes, fire, flood or catastrophe, acts of God, insurrection, war, riots or failure of transportation or a general and/or city-wide power failure. (b) Each party shall exercise its best efforts to mitigate the extent of the aforementioned excusable delay or failure and their adverse consequences. 57. Alteration Of CUSTOMER Environment (a) In the event CUSTOMER adds additional programs, applications or data sources, servers, network devices of any kind (hubs, routers, switches) or increases Attachment number 2 Page 10 of 12 Item # 37 Page 11 of 12 the network load in the IT environment managed or serviced by LOGICALIS under this Agreement or any SOW issued under this Agreement that adversely affects required performance levels, penalties associated with failure to meet such performance levels shall not be levied. Performance level penalties will not be active until LOGICALIS recertifies the environment. (b) In the event that CUSTOMER requests LOGICALIS to perform the management of additional systems and/or services, or requests an expansion in the scope of Professional Services or Managed Services, LOGICALIS shall submit a proposed SOW to CUSTOMER specifying the scope of the proposed work and the fees to be charged. Upon CUSTOMER'S written agreement to the modified SOW, LOGICALIS shall perform the work as required by the amended SOW. 61. Additional Contractual Rights for Default If CUSTOMER defaults in performance of any obligation under this Agreement, including, without limitation, the payment of any amount due, LOGICALIS may, at its option, suspend performance, require prepayment, or terminate its performance and collect payment for all Managed Services and Professional Services provided up to the date of termination. 62. Attorney Fees CUSTOMER shall not be responsible to LOGICALIS for any expenses including, without limitation, reasonable attorney fees and legal expenses that LOGICALIS pays or incurs in protecting and enforcing the rights of LOGICALIS under this Agreement. 63. Publication Nothing contained in this Agreement shall be interpreted so as to prevent LOGICALIS from publicizing its business relationship with CUSTOMER or the nature of the Managed Services/Professional Services performed for CUSTOMER. 64. Counterparts Execution of counterparts of this Agreement shall be construed as execution of an original. 65. Time for Bringing Claims Any claim by CUSTOMER against LOGICALIS arising from or in connection with the Agreement or any related purchase order cannot be filed, made or maintained unless filed within six months after LOGICALIS has shipped or provided the Managed Services or Professional Services in question. 66. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia. All claims, disputes and other matters in question between the City and the Vendor arising out of, or relating to, this Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. Vendor, by executing this Agreement, specifically consents to venue and jurisdiction in Richmond County, Georgia and waives any right to contest jurisdiction and venue in said Court. 67. Compliance with Laws The parties hereto warrant that each is in compliance with all applicable federal and state laws. 68. Survival The terms of sections: 6 and 11-17 (Representations and Warranties), 18 (Limitations of Liability), 30 (Confidential Information), and 20-29 (Intellectual Property/Proprietary Rights) shall survive any termination or expiration of this Agreement. 69. Vendor Access to Augusta Computer Network LOGICALIS will sign a VPN Vendor Access Agreement with the Licensee, verifying that LOGICALIS will Attachment number 2 Page 11 of 12 Item # 37 Page 12 of 12 respect the integrity of CUSTOMER’S network and security protocols. Access to CUSTOMER’S network through the firewall will only be granted after said agreement has been signed. The Vendor Access Agreement is attached as Exhibit B. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed as of the date first written by their duly authorized representatives. LOGICALIS, INC. AUGUSTA, GA By: By: Name: Name: Title: Title: Mayor Date: Date: Attest: Date: Attachment number 2 Page 12 of 12 Item # 37 LOGICALIS CALL CENTER MANAGEMENT SOFTWARE SOLUTION COST WORKSHEET SOFTWARE Qty Product Number Description List Unit Cost Extended Cost 1 CCX-50-PREMIUM NEW 5.0 PREMIUM Deployment $0.00 $0.00 $0.00 1 CCX-5.0-NEW-PRE CCX 5.0 PREMIUM $0.00 $0.00 $0.00 1 CCX-50-NEW-P-HAS CCX 5.0 PRE HA 2 Server Option-Active, Standby $14,995.00 $8,997.00 $8,997.00 1 CCX-7835H-50-HAS CCX 5.0 7835 HP HA Active,Standby SW,2 OS,2 SQL2K $0.00 $0.00 $0.00 10 CCX-50-PBO-S1 CCX 5.0 Cisco Express Preview Blended Outbound Seat Qty 1 $395.00 $237.00 $2,370.00 20 CCX-50PRE-SEAT1 CCX 5.0 PRE Seat Qty 1 (agent or supervisor) $1,850.00 $1,110.00 $22,200.00 2 CCX-50-COA-KIT CCX 5.0 COA Kit $0.00 $0.00 $0.00 1 CON-ESW-CCXPRE ESSENTIAL SW CCX 5.0 PREMIUM $0.00 $0.00 $0.00 10 CON-ESW-C50PBOS1 ESSENTIAL SW CCX 5.0 CSCO Express Preview Blended Outbound S $51.00 $45.90 $459.00 20 CON-ESW-PRESEAT1 ESSENTIAL SW CCX 5.0 PRE Seat Qty 1 agent or sprvsr $241.00 $216.90 $4,338.00 1 UCSS-CCX UCCS for Cisco Unified Contact Center Express $0.00 $0.00 $0.00 2 UCSS-CCX-P-1-10 UCSS for CCX PRE for One Year - 10 users $1,480.00 $1,332.00 $2,664.00 SOFTWARE TOTAL $41,028.00 HARDWARE Item Description Part No Unit Price Qty Ext Price HP ProLiant DL380 G5 - Rack Server Base $2,931.00 2 $5,862.00 HP ProLiant DL380 G5 Server 391835-B21 Dual Core Intel® Xeon® 5140 (2.33GHz, 1333 FSB) Processor 418322-L21 HP 4GB Fully Buffered DIMM PC2-5300 4X1GB Memory 397411-4GB Slim Line CD-RW/DVD-ROM 24X Combo Drive Option Kit 331903-B21 HP Smart Array P400/256 PCIe Controller 405132-B21 HP 146GB Hot Plug 2.5 SAS 10,000 rpm Hard Drive 431958-B21 HP 146GB Hot Plug 2.5 SAS 10,000 rpm Hard Drive 431958-B21 HP 1000-W Hot-Plug Power Supply Included HP 1000-W Redundant Hot-Plug Power Supply (NEMA)399771-001 HP Redundant Hot-Plug Fans Included Embedded NC373i Multifunction Gigabit Network Adapter Included Integrated Lights Out 2 (iLO 2) Standard Management Included HP 1.83m 10A C13-UL US Power Cord AF556A HP Standard Limited Warranty - 3 Years Parts and on-site Labor, Next Business Day HP Care Pack 5 Years, 6 Hours, 24x7, CTR, Hardware, ProLiant DL380 U9737E $2,310.00 2 $4,620.00 HARDWARE TOTAL $10,482.00 IMPLEMENTATION Task Description Hours Estimate Price Estimate 1 Cisco CCM 4.2 to CUCM 6.1 software upgrade 24 $4,500.00 2 Cisco UCCX Implementation and Testing 330 $61,875.00 3 Database Integration and Testing 56 $10,500.00 4 Cisco UCCX administration, Supervisor, and Agent Training 24 $4,500.00 IMPLEMENTATION TOTAL 434 $81,375.00 Pricing: The professional services listed above will be provided as a time-and-material engagement. Pricing for Contact Center: Cisco IPCC Express with 20 Premium seat (agent/supervisor) licenses, 10 Outbound Seat licenses, SW & HA SW for Server, 1-year 24x7x4 Essential SW SmartNet + Cisco Contact Center Express Premium Software 1-year Subscription for 20 users. Page 1 of 2 Attachment number 3 Page 1 of 2 Item # 37 these services will be billed at $187.50 per hour per service consultant with an 8-hour onsite minimum. Should any of this work be scheduled outside of normal business hours (8:00 AM – 5:00 PM, Monday through Friday), on a holiday, or on the weekend, a 50% uplift to the hourly rate may apply. Travel expenses will be tracked separately and billed directly to the client. Travel expenses will include cost incurred from travel (airfare, rental car, mileage, tolls, and lodging). Meals, if any, will be billed at the per diem rate of $45. The amount does not include taxes, if any, which will be client responsibility. TRAVEL AND CUSTOMIZATION* AMOUNT NOT TO EXCEED (WITHOUT CHANGE ORDER)$25,000.00 PROJECT TOTAL $157,885.00 *Customization may be required if Logicalis' team and AUD determine that additional features, equipment, or a change in configuration would benefit Augusta and make the solution more robust and complete. Such a determination would only be made once Logicalis' engineers on-site had determined the need and received approval from AUD to make changes or develop customizations. Page 2 of 2 Attachment number 3 Page 2 of 2 Item # 37 Attachment number 4 Page 1 of 1 Item # 37 Attachment number 5 Page 1 of 1 Item # 37 Attachment number 6 Page 1 of 1 Item # 37 Attachment number 7 Page 1 of 1 Item # 37 Attachment number 8 Page 1 of 1 Item # 37 Attachment number 9 Page 1 of 5 Item # 37 Attachment number 9 Page 2 of 5 Item # 37 Attachment number 9 Page 3 of 5 Item # 37 Attachment number 9 Page 4 of 5 Item # 37 Attachment number 9 Page 5 of 5 Item # 37 Commission Meeting Agenda 8/5/2008 2:00 PM CSRA Youth at Risk Task Force Department: Caption:Motion to approve a resolution recognizing the CSRA Youth At Risk Task Force Program and the support of their initiatives by the Augusta Commission. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 38 Attachment number 1 Page 1 of 1 Item # 38 Attachment number 2 Page 1 of 1 Item # 38 Commission Meeting Agenda 8/5/2008 2:00 PM Minutes Department:Clerk of Commission Caption:Motion to approve the minutes of the regular meeting of the Commission held on July 10th and the Special Called meeting held July 28, 2008. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 39 Commission Meeting Agenda 8/5/2008 2:00 PM Affidavit Department: Caption:Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 40