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Home My WebLink About2009-04-01-Meeting Agenda Commission Meeting Agenda Commission Chamber 4/1/2009 2:00 PM INVOCATION: Reverend Don. L. Stone, Pastor Lumpkin Road Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. PRESENTATION(S) A. Mr. Wayne Hawkins, Chairman of the Mayor's Masters Reception. RE: Presentation of Mayor's Masters Reception Pins. Attachments RECOGNITION(S) Augusta Fire Department B. Special Recognition of Messrs. Stanley, Joseph and Charles Connor. RE: Heroic rescue of a family during a fatal structure fire on March 6, 2009. Attachments Jimmy Smith C. Congratulations! Commissioner Jimmy Smith for completing all course work required for certificate of recognition from the University of Georgia and the Georgia Municipal Association . Attachments Five (5) minute time limit per delegation DELEGATIONS D. Ms. Gail Stebbins. RE: Arbitrary removal of healthy tree at 1217 Peachtree Road. Attachments CONSENT AGENDA (Items 1-28) PUBLIC SERVICES 1. Motion to accept a donation of one electric utility vehicle from GoGreen Zero Emission Vehicles for use by the Special Events Division - Recreation and Parks Dept. (Approved by Public Services Committee March 23, 2009) Attachments 2. Motion to approve a request by Bryan Birmingham for a Sunday Sales license to be used in connection with Alli Katz Bar & Grill located at 3629-A Walton Way. There will be Sunday Sales. District 3. Super District 10. (Approved by Public Services Committee March 23, 2009) Attachments 3. Motion to approve an Application: A. N. 09 - 71: request by Christopher P. Smith for an on premise consumption Beer License to be used in connection with the MAG Company DBA Moe's Southwest Grill located at 2805 Washington Rd. There will be Sunday Sales. District 7. Super District 10. (Approved by Public Services Committee March 23, 2009) Attachments 4. Motion to approve New Application: A. N. 09 - 72: request by Chris Jones for a wholesale Wine License to be used in connection with Cajon Wholesale Company located at 1881 Beaver Creek Lane. District 4. Super District 9. (Approved by Public Services Committee March 23, 2009) Attachments 5. Motion to approve New Ownership Application: A. N. 09 - 73: request by Jackie Wall for an on premise consumption Liquor & Beer license to be used in connection with Hoe - Downs located at 1204 Ellis St. There will be Dance. District 1. Super District 9. (Approved by Public Services Committee March 23, 2009) Attachments 6. Motion to approve an amendment to the cooperative agreement with CSRA RDC for senior nutrition services. (Approved by Public Services Committee March 23, 2009) Attachments 7. Motion to approve a food and beverage concession contract for operation of four parks with Ronlyn Food Services (Bid item # 09-012A). (Approved by Public Services Committee March 23, 2009) Attachments 8. Motion to approve a Resolution in support of Georgia Golf Hall of Fame Statues being displayed throughout Augusta during Masters Week. (Approved by Public Services Committee March 23, 2009) Attachments 9. Motion to approve the renewal of the lease for the First Tee of Augusta. (Approved by Public Services Committee March 23, 2009) Attachments 10. Motion to approve Bid Item 09-080, modular tennis pro shop for Diamond Lakes Attachments Regional Park to Rainbow Homes for $49,900. (Approved by Public Services Committee March 23, 2009) ADMINISTRATIVE SERVICES 11. Motion to approve an Ordinance to amend Title Three of the Augusta, Georgia Code to add a definition for the term "Motorized Cart" to Section 3-5-1, to repeal all ordinances in conflict herewith, to provide an effective date and for other purposes. (Approved by Commission March 17, 2009 - second reading) Attachments PUBLIC SAFETY 12. Motion to approve the selection of CDWG, Inc. for Bid #08-212A, Printer Replacements. (Approved by Public Safety Committee March 23, 2009) Attachments 13. Motion to approve a contract with AT&T for a Metro E Network with Ft. Gordon. (Approved by Public Safety Committee March 23, 2009) Attachments 14. Motion to ratify State Court Probation Services Contract with Sentinel Offender Services, LLC. (Approved by Public Safety Committee March 23, 2009) Attachments 15. Motion to approve the replacement of obsolete computer equipment (laptops, computers, servers, printers, and scanners) and purchase of any required computer software upgrades. (Approved by Public Safety Committee March 23, 2009) Attachments FINANCE 16. Motion to approve the replacement of 1 utility body truck for the Utilities Department-Fort Gordon Division. (Approved by Finance Committee March 23, 2009) Attachments 17. Motion to approve the purchase of one Ford F-250 utility body truck for Utilities Ground Water Division. (Approved by Finance Committee March 23, 2009) Attachments 18. Motion to approve a request from Mr. Bruce Klassen regarding an abatement of penalty only for property located at 2636 Walton Way. (Approved by Finance Committee March 23, 2009) Attachments 19. Motion to approve renewal of Public Official Liability coverage with current carrier, Attachments Landmark American Insurance, for $68,308 for April 19, 2009 to April 19, 2010 coverage. (Approved by Finance Committee March 23, 2009) 20. Motion to deny a request from Martin Management Investments, LP regarding a waiver of penalty and interest on property located at 1332 Augusta West Parkway. (Approved by Finance Committee March 23, 2009) Attachments 21. Motion to approve an Ordinance to amend Article 2.1, Section 1-4-16 of the Augusta, Ga. Code, so as to enlarge the designation of the Downtown Development Areas, to repeal conflicting Ordinances and for other purposes and waive second reading. (Approved by Finance Committee March 23, 2009) Attachments 22. Motion to approve proposed 2009 Cost of Living increases for the City 1949 Pension Plan, the City Employees Pension (City 1945) Plan and the Richmond County 1945 Pension Plan. (Approved by Finance Committee March 23, 2009) Attachments ENGINEERING SERVICES 23. Motion to accept a gift of $650 from the Augusta Women’s Club for improvements to planted areas around select historical markers on Central Avenue, approve transfer of those funds from the Donation account to Operational account #101-06-2411- 53.11710, and increase the budget in that line item from $6,840 to $7,490 to allow staff to proceed with procuring material to complete the requested work. (Approved by Engineering Services Committee March 23, 2009) Attachments 24. Motion to approve Amendment No. 13 (Year 2009 Agreement Modifications) to Agreement with OMI for a 2009 Budget cost of $7,513,768.80 and Reconciliation of 2008 Operating Costs. (Funded by Account No. 506043310-5211110) (Approved by Engineering Services Committee March 23, 2009) Attachments 25. Motion to approve the Final Change Order to the existing construction contract with W.L. Hailey and Company, Inc. to finalize bid schedule line items and approve funding to finalize construction. (Approved by Engineering Services Committee March 23, 2009) Attachments PETITIONS AND COMMUNICATIONS 26. Motion to approve the minutes of the regular meeting of the Commission held on March 17, 2009. Attachments Upcoming Meetings www.augustaga.gov APPOINTMENT(S) 27. Motion to approve the appointment of Michael A. Brown to the Historic Preservation Commission due to the resignation of Anna Avery representing District 3. Attachments 28. Motion to approve the appointment of Mary Jacobson to the Canal Authority, Christopher Martin to the Citizens Small Business Advisory Board and Charles E. Harris to the ARC Coliseum Authority representing District 4. Attachments ****END CONSENT AGENDA**** AUGUSTA COMMISSION 4/1/2009 AUGUSTA COMMISSION REGULAR AGENDA 4/1/2009 (Items 29-30) ADMINISTRATOR 29. Motion to approve the Special Local Option Sales Tax (SPLOST) Phase VI Referendum Resolution. Attachments LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 30. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Commission Meeting Agenda 4/1/2009 2:00 PM Invocation Department:Clerk of Commission Caption:Reverend Don. L. Stone, Pastor Lumpkin Road Baptist Church Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 4/1/2009 2:00 PM Mayor's Masters Committee Department: Caption:Mr. Wayne Hawkins, Chairman of the Mayor's Masters Reception. RE: Presentation of Mayor's Masters Reception Pins. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 4/1/2009 2:00 PM Augusta Fire Department Department: Caption:Special Recognition of Messrs. Stanley, Joseph and Charles Connor. RE: Heroic rescue of a family during a fatal structure fire on March 6, 2009. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Attachment number 1Page 1 of 1 Commission Meeting Agenda 4/1/2009 2:00 PM Jimmy Smith Department: Caption:Congratulations! Commissioner Jimmy Smith for completing all course work required for certificate of recognition from the University of Georgia and the Georgia Municipal Association . Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 4/1/2009 2:00 PM Gail Stebbins Department: Caption:Ms. Gail Stebbins. RE: Arbitrary removal of healthy tree at 1217 Peachtree Road. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Attachment number 1Page 1 of 1 Commission Meeting Agenda 4/1/2009 2:00 PM Accept donation of vehicle Department:Recreation and Parks Caption:Motion to accept a donation of one electric utility vehicle from GoGreen Zero Emission Vehicles for use by the Special Events Division - Recreation and Parks Dept. (Approved by Public Services Committee March 23, 2009) Background:GoGreen is an authorized dealer for ZAP electric vehicles. Mr. John Cooper, owner, has offered to donate to the city one electric vehicle for use by the Special Events Office. Analysis:This vehicle could help staff a great deal with events held at Riverwalk and Augusta Common. Financial Impact:No cost to city. Vehicle would need to be placed on city fleet list for liability purposes Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Attachment number 2Page 1 of 1 Commission Meeting Agenda 4/1/2009 2:00 PM alcohol application Department:License & Inspections Caption:Motion to approve a request by Bryan Birmingham for a Sunday Sales license to be used in connection with Alli Katz Bar & Grill located at 3629-A Walton Way. There will be Sunday Sales. District 3. Super District 10. (Approved by Public Services Committee March 23, 2009) Background:This is a new request for an existing location. Analysis: Financial Impact:The applicant will pay a fee of $5,445.00 Alternatives: Recommendation:License & Inspection has no recommendation. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Attachment number 1Page 1 of 1 Commission Meeting Agenda 4/1/2009 2:00 PM Alcohol Application Department:License & Inspections Caption:Motion to approve an Application: A. N. 09 - 71: request by Christopher P. Smith for an on premise consumption Beer License to be used in connection with the MAG Company DBA Moe's Southwest Grill located at 2805 Washington Rd. There will be Sunday Sales. District 7. Super District 10. (Approved by Public Services Committee March 23, 2009) Background:This is a new application. Analysis:The applicant meets the requirements of the Augusta Richmond County Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $1815.00. Alternatives: Recommendation:License & Inspections recommends approval. The RCSD recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Attachment number 1Page 1 of 2 Attachment number 1Page 2 of 2 Commission Meeting Agenda 4/1/2009 2:00 PM Alcohol Application Department:License & Inspections Caption:Motion to approve New Application: A. N. 09 - 72: request by Chris Jones for a wholesale Wine License to be used in connection with Cajon Wholesale Company located at 1881 Beaver Creek Lane. District 4. Super District 9. (Approved by Public Services Committee March 23, 2009) Background:This is a new application. Analysis:The applicant meets the requirements of the Augusta Richmond County Alcohol Ordinance Financial Impact:The applicant will pay a fee of $121.00. Alternatives: Recommendation:License & Inspections recommends approval. The RCSD recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Attachment number 1Page 1 of 2 Attachment number 1Page 2 of 2 Commission Meeting Agenda 4/1/2009 2:00 PM Alcohol Application Department:License & Inspections Caption:Motion to approve New Ownership Application: A. N. 09 - 73: request by Jackie Wall for an on premise consumption Liquor & Beer license to be used in connection with Hoe - Downs located at 1204 Ellis St. There will be Dance. District 1. Super District 9. (Approved by Public Services Committee March 23, 2009) Background:This is the old Kokomo's location. Formerly in the name of Dottie Blackburn. Analysis:The applicant meets the requirements of the Augusta Richmond County Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $3,740.00. Alternatives: Recommendation:License & Inspections recommends approval. The RCSD recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Attachment number 1Page 1 of 2 Attachment number 1Page 2 of 2 Commission Meeting Agenda 4/1/2009 2:00 PM Amendment Senior Nutrition Agreement Department:Recreation and Parks Caption:Motion to approve an amendment to the cooperative agreement with CSRA RDC for senior nutrition services. (Approved by Public Services Committee March 23, 2009) Background:The Recreation and Parks Dept. has operated senior nutrition programs for Richmond County since 2004 under a cooperative agreement with CSRA RDC for the receipt of grant funds for this program. Analysis:This amendment will reduce funding for meals in the amount of $7,718. This will require implementing a countywide hold on new clients entering the program. Financial Impact:See attached. Alternatives:1. To deny 2. To approve Recommendation:#2 to approve Funds are Available in the Following Accounts: Acct. # 220054322 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Attachment number 1Page 1 of 1 Commission Meeting Agenda 4/1/2009 2:00 PM Food and beverage concession contract Department:Recreation and Parks Caption:Motion to approve a food and beverage concession contract for operation of four parks with Ronlyn Food Services (Bid item # 09-012A). (Approved by Public Services Committee March 23, 2009) Background:Recreation and Parks has leased the operation of food and beverage concessions at various parks to private vendors since 1999. These parks included Fleming, Eisenhower and May Park, with Diamond Lakes being added in 2006. These are the facilities used for the youth and adult sports programs countywide. Fruit and Juicy, Inc. has held this contract since 1999. Analysis:The Procurement Dept. issued a Request for Qualifications(Bid Item # 09- 012A) for these services, and three vendors responded with compliant submittals: Fruit and Juicy, Inc. Ronlyn Food Services Southern Delights, Inc. After interviews with each, Ronlyn Food Services is being recommended for these services. The contract will be for two years with a one year option to renew. Financial Impact:$2,500.00 annual payments to Augusta. Alternatives:1. Not to approve 2. To approve Recommendation:#2 - to approve Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo CONCESSION AGREEMENT This agreement is made and entered into this __________ day of _____________, 2009 by and between _______________________________________________________ and the Augusta Recreation & Parks Department. The Augusta Recreation & Parks Department has identified a need to contract the Food and Beverage Concessions at organized events to an outside vendor at the following locations; Fleming Athletic Complex, Eisenhower Park, May Park, and Diamond Lakes Regional Park to include the Youth Athletic Complex and the Adult Athletic Complex. Other locations may be added as authorized by the Augusta Recreation & Parks Department. The contract will be entered into for a period of two (2) years with an option for one (1) additional year. The contract will be in effect from April 1st, 2009 until December 31st, 2010. The agreeing party has acknowledged and understands the following conditions of the Concession Agreement. PRODUCTS All items for resale are the responsibility of the vendor. The Augusta Recreation & Parks Department assumes no liability associated with theft of products for food and beverage resale. After the initial product list has been established, any changes in product or pricing must be submitted to the Augusta Recreation & Parks Department for approval. The concessionaire will ensure that all products offered are fresh and within the product freshness date. The Augusta Recreation & Parks Department reserves the right to have the concession stands inspected for product quality and cleanliness of stands by the Richmond County Health Department. No alcoholic beverages may be sold. EMPLOYEES The Augusta Recreation & Parks Department requires that all concession employees be professional, polite, courteous, and dressed appropriately at all times. The Augusta Recreation & Parks Department requires a minimum of two (2) employees on duty in each stand at all times. The Augusta Recreation & Parks Department reserves the right to require more stand employees depending on the event or tournament being held at the location. Attachment number 1Page 1 of 3 PROCEDURES Opening: Each stand is to be open thirty (30) minutes prior to the first scheduled game. All schedules will be supplied by the Augusta Recreation Athletic Staff. Closing: The closing time of each stand will be left up to the concessionaire, but the Augusta Recreation Department requires that each stand remain open until at least through the mid-point of the last scheduled game. Cleaning: The concessionaire will ensure that the stands are neat, clean, and presentable at all times. Concessionaire will be responsible for all expenses related to the upkeep and cleaning of the stands. The concessionaire will also be required to close out each stand at the end of each session by removing all food and beverage items and conducting a thorough cleaning. MAINTENANCE Building: The Augusta Recreation & Parks Department will be responsible for repairs to the concession building. Any damages or problem with the building will be reported to the recreation department by the concessionaire. Equipment: The concessionaire will be responsible for all expenses related to repairs, replacement, and maintenance of any concession equipment owned by the Augusta Recreation & Parks Department. The concessionaire will be supplied with an inventory list of all equipment available for concessionaire use. This equipment is available for use by the concessionaire on an “As-Is” basis. Utilities: The Augusta Recreation & Parks Department will be responsible for providing and maintaining the utilities for all concession stand locations. We encourage conserving electrical and water usage whenever possible by turning off lights, turning off equipment not in use, and turning off any water when the stands are not in operation. Pest Control: The Augusta Recreation & Parks Department will provide Pest Control services for all concession stand locations. Keys: The Augusta Recreation & Parks Department will supply (2) keys per site. Concessionaire will be responsible for returning both sets for each site at the conclusion of the contracted period. INSURANCE The contractor must have and submit a copy of a $1,000,000 liability insurance policy covering bodily injury, property damage, and list the City of Augusta as “Additionally Insured” on the policy. The contractor shall also have worker’s compensation insurance on the contractor’s employees as required by Georgia State Law. Attachment number 1Page 2 of 3 EVALUATION The Augusta Recreation & Parks Department will conduct evaluations at the mid-point of each season and at the conclusion of each season. Either party reserves the right to terminate the contract if needed with a minimum of a sixty (60) day notice. LEASE PAYMENTS The contracted concessionaire will be responsible for a fee total of Two-Thousand, Five Hundred Dollars ($2,500) each year of the concession agreement. All fees are to be made payable to the Augusta Recreation & Parks Department. The first payment of One-Thousand Dollars ($1,000) will be due within thirty (30) days of the acceptance date of the contract. The remaining amount of One-Thousand, Five Hundred Dollars ($1,500) will be due by September 1st of the contract year. LEASE TERMS The term of the lease for concession operations will be entered into for a period of two (2) years with an option for one (1) additional year. The final decision determining the continuation or cancellation shall be that of the Director of the Augusta Recreation & Parks Department based on the policies and procedures governing the use of city facilities and upon the evaluations of the concession services provided. POINT OF CONTACT Chris Scheuer, Athletic Manager Darrell Bennett, DLRP Manager Augusta Recreation & Parks Dept. Augusta Recreation & Parks Dept. (706) 796-5025 / (706) 564-7123 (706) 771-2980 Ramon Brown, Vice President Ronnie Brown, CEO Ronlyn Corporation Ronlyn Corporation (706) 724-6880 / (706) 951-4607 (706) 724-6880 / (706) 495-4032 ________________________________________ ____________________ Contract Concessionaire Date ________________________________________ Augusta-Richmond County Business License # ________________________________________ ____________________ Augusta Recreation & Parks Department Date ________________________________________ ____________________ Deke Copenhaver, Mayor Date Attachment number 1Page 3 of 3 Attachment number 2Page 1 of 2 Attachment number 2Page 2 of 2 Vendors: Original 5 Copies Fruit N Juicy P.O. Box 865 Harlem, GA 30814 Yes Yes Carolina Concessions 1907 Alan Avenue Aiken, SC 29801 TCM Concessions 807 Crawford Avenue Augusta, GA 30904 Snacks & More 3246 M & M Road Appling, GA 30802 Tropical Snow 230 Quail Ridge Drive Jackson, SC 29831 Cool Delights, Inc 3328 Washington Road Augusta, GA 30907 JC Concessions, LLC 4025 Culver Street Martinez, GA 30907 Dawgs-N-Buns 2215 Tobacco Road Augusta, GA 30906 Ronlyn Food Services 1102 Laney Walker Blvd Augusta, GA 30901 Yes Yes Wholesale Convenience Store 1301 12th Street Augusta, GA 30901 Southern Delights, LLC 608 Randolph Street Aiken, SC 29803 Yes Yes RFQ Item #09-012A Concessions Operator For the City of Augusta - Augusta Recreation & Parks Department RFQ Opening Date: Wednesday, March 11, 2009 at 3:00 P.M. Non-Compliant Failed to affix Corporate Seal to the Non-Collusion Affidavit of Bidder/Offeror Attachment number 3Page 1 of 1 Attachment number 4Page 1 of 1 Attachment number 5Page 1 of 2 Attachment number 5Page 2 of 2 Commission Meeting Agenda 4/1/2009 2:00 PM Georgia Golf Hall of Fame Statues Department:Clerk of Commission Caption:Motion to approve a Resolution in support of Georgia Golf Hall of Fame Statues being displayed throughout Augusta during Masters Week. (Approved by Public Services Committee March 23, 2009) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Attachment number 1Page 1 of 2 Attachment number 1Page 2 of 2 Commission Meeting Agenda 4/1/2009 2:00 PM Lease First Tee Department:Recreation and Parks Caption:Motion to approve the renewal of the lease for the First Tee of Augusta. (Approved by Public Services Committee March 23, 2009) Background:The Augusta Commission approved an initial ten year lease in March, 1999 with Fore Augusta for the city property on Damascus Rd. where the First Tee golf facility was constructed. This has been a very successful operation and has benefited thousands of youth with golf and life skills instruction over these last ten years. Analysis:The services offered by the First Tee are worthwhile and important for the citizens and are provided without city funding. This lease would be for an additional ten years. Financial Impact:none Alternatives:None Recommendation:To approve Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo STATE OF GEORGIA ) COUNTY OF RICHMOND ) LEASE AGREEMENT THIS LEASE, made this ____ day of ________, 2009, by and between AUGUSTA- RICHMOND, GEORGIA, a political subdivision of the State of Georgia, as Lessor (hereinafter referred to as County”) and FORE! AUGUSTA FOUNDATION, INC., a non-profit corporation organized and existing under the laws of the State of Georgia, as Lessee (hereinafter referred to as “FORE! Augusta”). W I T N E S S E T H: WHEREAS, the County is the owner of the hereinafter described property located on Damascus Road in Richmond County, Georgia; and WHEREAS, FORE! Augusta desires to continue to lease said property for the purpose of operating and maintaining a golf facility for children and youth under such terms and conditions as are hereinafter set forth; and WHEREAS, the County desires FORE! Augusta to operate the facility and programs herein described and designed to meet the needs of children and youth for golf recreational opportunities. NOW, THEREFORE, the parties hereto, for and in consideration of the premises and the mutual covenants herein contained, do hereby agree each for itself and its successors and assigns as follows: 1. PREMISES. The County does hereby lease unto FORE! Augusta and FORE! Augusta does hereby lease from the County the following described property (hereinafter called “Premises”), to wit: SEE EXHIBIT “A” ATTACHED HERETO 2. THE USE OF PREMISES. The Premises shall be used for the operation of a golf facility, including at least four (4) holes, a driving range and a club house, and the operation of golf programs conducted by FORE! Augusta. Attachment number 1Page 1 of 6 3. TERM. The term of this Lease shall be for a period of ten (10) years beginning on the date of this Lease Agreement. The parties wish to lease the Premises for a twenty (20) year term, with an option to FORE! Augusta to renew the Lease for two additional ten (10) year terms. Upon being advised that the County may not have the power to enter into such a long-term lease, this ten (10) year lease is being executed; however, in view of the very substantial investment by FORE! Augusta (both financial and volunteer services), the parties urge their successors to know of and be guided by their original intentions, although not being legally bound to do so. 4. RENTAL. FORE! Augusta agrees to pay the County an annual rental of One Dollar ($1.00) with the rental of Ten Dollars ($10.00) for the entire initial term hereof having been paid in advance, upon the execution and delivery of this Lease Agreement. The County hereby acknowledges the receipt of such rental payment. The County further acknowledges that the rental payment together with the value of the improvements constructed on the Premises by FORE! Augusta and the operation of the golf program conducted by FORE! Augusta for the citizens of the County are good and adequate consideration to the County and fully support the lease of the Premises to FORE! Augusta. 5. MAINTAINENCE AND CONSTRUCTION OF IMPROVEMENTS. FORE! Augusta shall maintain the Premises, at no expense to the County, by maintaining thereon not less than four (4) holes of golf, a driving range, and a club house for use in its golf program. All maintenance and construction, if any, shall be done in conformance with all applicable federal, state and local laws, ordinances, rules and regulations and pursuant to plans and specifications therefore which must be approved by the County prior to beginning the construction thereof, as evidenced by the Administrator’s approval noted on the plans and specifications within thirty (30) days of submission of same to the Administrator for approval. Should no objection to such plans be made within such thirty (30) day period, the plans shall be deemed to have been approved. All buildings, facilities and other improvements constructed or to be constructed upon the Premises by FORE! Augusta shall be and remain a part of said Premises and shall by surrendered to County by FORE! Augusta at the expiration or earlier termination of the term of this Lease Agreement. At the expiration or earlier termination of the term of this Lease Agreement, title to all the improvements located on the Premises or constructed thereon by or at the direction of FORE! Augusta shall vest in County free and clear of any liens or other encumbrances. Attachment number 1Page 2 of 6 In the event that at the termination of the Lease Agreement there are any liens or encumbrances against the Premises or any improvements located thereon which have not been satisfied by FORE! Augusta, County shall have the option of satisfying the same in which event FORE! Augusta shall forthwith reimburse County for any and all costs and expenses, plus reasonable attorney’s fees and legal costs incurred by the County in connection therewith. 6. ABANDONMENT OF USE. If during the term of this Lease Agreement any or all of the golf facilities or its structures and or grounds on the Premises, are destroyed or so substantially damaged so as to make it unusable, and if FORE! Augusta, for a period of one (1) year after the date of such destruction or damage, fails to rebuild, repair and/or replace the golf facility, its structure and/or grounds, or substantially commence construction of the same, or should FORE! Augusta fail to maintain and use the Premises for the primary purposes of conducting golf lessons, clinics and related activities for children and youth, or should FORE! Augusta utilize the Premises for any other purpose other than specified herein, then the County may, by giving written notice and a thirty (30) day right to cure such default to FORE! Augusta, terminated this Lease Agreement and take possession of the Premises. 7. IDEMNIFICATION AND INSURANCE. FORE! Augusta shall indemnify County against any claims, causes of action, expenses, losses or liabilities paid, suffered or incurred, including reasonable attorney fees and litigation expenses, by County in defense of any such claims and/or causes of action as the result of any breach of this Lease Agreement by FORE! Augusta, FORE! Augusta’s agents, servants, employees, visitors or licensees of any covenant or condition of this lease, or as the result of FORE! Augusta’s use or occupancy of the demised Premises, or the carelessness, negligence or improper conduct of FORE! Augusta, FORE! Augusta’s visitors, agents, employees, patrons, or invitees. FORE! Augusta’s liability under this lease also extends to the acts and omissions of any subtenant and any agent, servant, employee, patrol, or invitee of FORE! Augusta or any such subtenant. During the term of this Lease Agreement, FORE! Augusta shall maintain general public liability insurance covering death, injury or damage to person or property occurring on the Premises or related in any way to the use and operation of the Premises and the improvements now or hereafter located thereon with limits of not less than One Million Dollars ($1,000,000) per occurrence and Three Million Dollars ($3,000,000) in the aggregate. Such insurance policy shall name the County as an additional insured, shall be written by an insurer duly licensed in the State of Georgia, and shall be of such form as is acceptable to County. A copy of the insurance policy and evidence of the payment of its premium shall be promptly furnished to the County and Attachment number 1Page 3 of 6 thereafter annually each anniversary date. Such policy shall require that the County be given thirty (30) days’ written notice of its cancellation or lapse. 8. NO ASSIGNMENT OR SUBLETTING BY FORE! AUGUSTA. FORE! Augusta agrees to use the Premises herein described for the purpose herein stated, and for no other; and there shall be no assignment or sub-letting of the whole or any part thereof, except with the prior written consent of the County. 9. DEFAULT. In the event that FORE! Augusta should fail to observe any of FORE! Augusta’s covenants and obligations as herein expressed or should FORE! Augusta abandon the Premises or cease to operate a golf program as herein provided in Paragraphs 2 and 5 hereof, then upon the happening of such event, County shall give FORE! Augusta thirty (30) days’ notice to comply with the provisions of this Lease Agreement, or if the conditions cannot be remedied within said thirty (30) day period, to commence the remedy within said thirty (30) day period and diligently pursue it to completion; and should FORE! Augusta fail to do so, County shall have the option to declare this Lease Agreement terminated and at once take possession of the Premises. The rights and options given to County under this Paragraph 9 shall not be construed to be in lieu of or restrictive of, any other rights which County may have under the law for the enforcement of this Lease Agreement. The failure of County to avail itself of any remedy which it may have hereunder shall at no time be construed to be a waiver of County’s rights. 10. MAINTENANCE AND REPAIRS. During the term of this Lease, FORE! Augusta shall be responsible for maintenance and repair to the Premises and all improvements located thereon, FORE! Augusta shall keep the Premises neat, clean, free of trash and in good and well maintained condition with an attractive appearance. 11. RELATIONSHIP LANDLORD/TENANT. This Agreement and any renewals hereof shall create the relationship of landlord/tenant where the County shall be the landlord and FORE! Augusta shall be the tenant. No estate shall pass out of County; and FORE! Augusta shall have only the use of the Premises, which use is not subject to levy and sale and not assignable by FORE! Augusta, except with the County’s prior written consent. No receiver, trustee or other judicial officer shall have any right, title or interest in and to the Premises, except with the prior written consent of the County. Attachment number 1Page 4 of 6 12. UTILITIES. County shall not be under any obligation to supply the Premises with water, heat, gas, electricity, power or any other utilities. All utility services and the cost thereof shall be the responsibility of FORE! Augusta. 13. NO WAIVER OF DEFENSES. Nothing contained in this Lease Agreement shall be construed to be a waiver of and the County expressly reserves any and all defenses of sovereign immunity, official immunity and/or good faith immunity which may be applicable to County for claims of third parties related to this Lease Agreement, the Premises, the improvements now or hereafter located thereon, or the use of operation thereof. 14. TIME OF THE ESSENCE. Time is of the essence of this Lease Agreement. 15. GENERAL. (a) The various rights and remedies herein contained and reserved to each of the parties shall not be considered as exclusive of any other right or remedy of such party, but shall be construed as cumulative and shall be in addition to every other remedy now or hereafter existing in law, in equity or by statute. No delay or omission of the right to excise any power by either party shall impair any such right or power, or shall be construed as a waiver or any default or as acquiescence therein. One or more waivers of any covenant, term or condition of this Lease Agreement by either party shall not be construed by the other party as a waiver of a subsequent breach of the same covenant, term or condition. The consent or approval by either party to or of any act by the other party of a nature requiring consent or approval shall not be deemed as a waiver or surrender of necessary consent to or approval of any subsequent similar act. (b) The invalidity or unenforceability of any provisions of this Lease Agreement shall not affect or impair any other provision herein. (c) This Lease Agreement sets forth all of the provisions, agreements, conditions, covenants, terms and understandings between the parties relative to the demised Premises. There shall be no provisions, agreements, conditions, covenants, terms, understandings, representations or inducement, either oral or written, between the parties hereunder, unless reduced to writing and signed by all parties to this Lease Agreement. (d) That the terms and provisions of this Lease Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, legal representatives and assigns. (e) This Lease Agreement shall be governed by and construed according to the laws of the State of Georgia. (f) Venue. All claims, disputes and other matters in question between all parties arising out of or relating to the Lease Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. All parties, by executing this Agreement, specifically consent to venue in Richmond County, Georgia and waive any right to contest venue in the Superior Court of Richmond County, Georgia. Attachment number 1Page 5 of 6 IN WITNESS WHEREOF, the said County and FORE! Augusta have caused same to be executed by their proper officials, respectively and affixed their seals in duplicate, as of the day and year first above written. LESSOR: AUGUSTA-RICHMOND COUNTY, GEORGIA By_____________________________ Mayor Attest ___________________________ Clerk of Commission [SEAL] LESSEE: FORE! AUGUSTA FOUNDATION, INC. By ________________________________ Title _______________________________ Attest ______________________________ [SEAL] Attachment number 1Page 6 of 6 Commission Meeting Agenda 4/1/2009 2:00 PM Modular Building Tennis Pro Shop for Diamond lakes Regional Park Department:Tom F. Beck, Director, Recreation and Parks Department Caption:Motion to approve Bid Item 09-080, modular tennis pro shop for Diamond Lakes Regional Park to Rainbow Homes for $49,900. (Approved by Public Services Committee March 23, 2009) Background:Bids were solicited for a modular building that could serve as a tempoary pro shop for the new tennis complex under construction at Daimond Lakes Regional Park. A total of five (5) vendors responded, with two (2) deemed non-compliant. Analysis:Upon review of the bids, Rainbow Homes is the low, responsive bidder to meet all the requirements as per the specifications. (See Attached Bid Tab) Financial Impact:The purchase of this modular building is made possible from a $50,000 USTA Grant made to the City of Augusta.(See Attached Letter) Alternatives:1. To Approve 2. Move no action, thus delaying the operations of the new tennis faclity at Diamond Lakes Regional Park. Recommendation:1. To approve a modular home for a tennis pro shop at Diamond Lakes Regional Park to Rainbow Homes for $49,900. Funds are Available in the Following Accounts: United States Tennis Association Public Facility Funding Grant 08-07-246 Diamond Lakes Tennis Center $50,000 REVIEWED AND APPROVED BY: Finance. Procurement Administrator Cover Memo Attachment number 1Page 1 of 1 Attachment number 2Page 1 of 1 December 31, 2008 Richard Hatfield Augusta Recreation and Parks Department 3103 Wrightsboro Road Augusta, GA 30909 RE: Public Facility Funding Application 08-07-246 Diamond Lakes Tennis Center , Congratulations! We are pleased to inform you that Diamond Lakes Tennis Center has been selected to receive a UUSSTTAA PPuubblliicc FFaacciilliittyy FFuunnddiinngg grant for 20% of your project costs (max amount $50,000.00). The grant funds will be distributed as the project progresses and the attached accountability form is returned. We hope you use this opportunity to publicize your facility and tennis in your community. The USTA would like to celebrate the announcement with you so please call Shannon Hatton at 914-438-8078 if you need information on the program or to coordinate interviews with USTA staff as you publicize the grant. A goal of the USTA is to provide communities access to safe, appealing and functional tennis environments and we are happy to partner with Augusta Recreation and Parks Department to achieve this goal in Augusta, GA. The essence of this initiative is to assist communities leverage their tennis facilities to promote lifelong healthy activity and improve their programming by advancing the latest tennis innovations for all program types. Thank you for efforts to promote the game of tennis in your community and the commitment to keep the facility open to the public and provide programs for the next 5+ years. We look forward to seeing the infrastructure upgrades provided in part with funds from a USTA grant. Sincerely, Kurt Kamperman Chief Executive Community Tennis US Tennis Association Pc: John Callan Section Executive Director Scott Schultz, Recreational Tennis Managing Director Virgil Christian, Community Tennis Development Director Attachment number 3Page 1 of 1 Invitation to Bid Sealed bids will be received at this office until Friday, March 13, 2009 at 11:00 A.M. for furnishing: Bid Item 09-080 Modular Building for Tennis Pro Shop at Diamond Lakes Regional Park for Recreation & Parks Department Bids’ will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 706-821-2422 BID documents may be obtained at the office of Augusta, GA Procurement Department, 530 Greene Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing to the office of the Procurement Department by Fax at 706-821-2811 or by mail. .No bid will be accepted by fax, all must be received by mail or hand delivered. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference on an eligible local project, this certificate and a copy of your local business license must be submitted with your bonafide bid package. No Bid may be withdrawn for a period of 90 days after time has been called on the date of opening. A 10% Bid bond is required to be submitted in a separate envelope so marked along with the bidders’ qualifications; a 100% performance bond and a 100% payment bond will be required for award. Bidders will please note that the number of copies requested; all supporting documents including financial statements and references and such other attachments that may be required by the bid invitation are material conditions of the bid. Any package found incomplete or submitted late shall be rejected by the Procurement Office. Any bidder allegedly contending that he/she has been improperly disqualified from bidding due to an incomplete bid submission shall have the right to appeal to the appropriate committee of the Augusta commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that sequestration of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle February 19, 24, 26, March 5, 2009 Metro Courier February 25, 2009 cc: Tameka Allen Interim Deputy Administrator Tom Beck Recreation & Parks Ron Houck Recreation & Parks Attachment number 4Page 1 of 1 CS I C o n s t r u c t i o n P. O . B o x 2 9 9 0 Au g u s t a , G A 3 0 9 0 4 Ra i n b o w H o m e s 19 3 9 G o r d o n H w y Au g u s t a , G A 3 0 9 0 9 Je c t a r B u i l d e r s 55 K i n g d o m d r i v e Ja s p e r , G A 3 0 1 4 3 Hi l l a r d H o m e s 52 0 S o u t h P e t e r s o n Av e Do u g l a s , G A 3 1 5 3 3 Mo d u l a r Te c h n o l o g y 10 1 - J N H e r r i t a g e St Ki n s t o n , N C 2 8 5 0 1 Sp e c t r u m B u i l d i n g S y s 14 2 F o r r e s t A v e S W Ga i n e s v i l l e , G A 3 0 5 0 1 $6 9 , 6 4 5 . 0 0 $ 4 9 , 9 0 0 . 0 0 $5 3 , 9 3 5 . 0 0 Ye s Y e s Ye s Ye s Y e s Ye s Ye s Y e s Ye s Ye s Y e s Ye s Ye s Y e s Ye s Ye s Y e s Ye s Ye s Y e s Ye s Ye s Y e s Ye s Ye s Y e s Ye s Ye s Y e s Ye s St a t e m e n t o f N o n Di s c r i m i n a t i o n Co n t r a c t o r A f f i d a v i t a n d Ag r e e m e n t Su b c o n t r a c t o r A f f i d a v i t Ve n d o r s Bi d A m o u n t LS B G o o d F a i t h E f f o r t s LS B S u b c o n t r a c t o r / Su p p l i e r U t i l i z a t i o n P l a n Ad d e n d u m s 1 & 2 No n - C o m p l i a n t Fa i l e d t o P r o p e r l y Ex e c u t e t h e L S B Su b c o n t r a c t o r / Ut i l i z a t i o n P l a n Fo r m & B i d B o n d no t a n O r i g i n a l Co p y No n - C o m p l i a n t Fa i l e d t o P r o p e r l y Ex e c u t e t h e Bi d B o n d Bi d I t e m # 0 9 - 0 8 0 Mo d u l a r B u i l d i n g f o r T e n n i s P r o S h o p a t D i a m o n d L a k e s R e g i o n a l P a r k Fo r t h e C i t y o f A u g u s t a - R e c r e a t i o n & P a r k s D e p a r t m e n t Bi d O p e n i n g : T u e s d a y , M a r c h 1 7 , 2 0 0 9 @ 1 1 : 0 0 a . m . No n - C o l l u s i o n A f f i d a v i t o f Bi d d e r / O f f e r o r No n - C o l l u s i o n A f f i d a v i t o f Su b c o n t r a c t o r Bi d B o n d Co n f l i c t o f I n t e r e s t F o r m Attachment number 5Page 1 of 1 Attachment number 6Page 1 of 1 Attachment number 7Page 1 of 29 Attachment number 7Page 2 of 29 Attachment number 7Page 3 of 29 Attachment number 7Page 4 of 29 Attachment number 7Page 5 of 29 Attachment number 7Page 6 of 29 Attachment number 7Page 7 of 29 Attachment number 7Page 8 of 29 Attachment number 7Page 9 of 29 Attachment number 7Page 10 of 29 Attachment number 7Page 11 of 29 Attachment number 7Page 12 of 29 Attachment number 7Page 13 of 29 Attachment number 7Page 14 of 29 Attachment number 7Page 15 of 29 Attachment number 7Page 16 of 29 Attachment number 7Page 17 of 29 Attachment number 7Page 18 of 29 Attachment number 7Page 19 of 29 Attachment number 7Page 20 of 29 Attachment number 7Page 21 of 29 Attachment number 7Page 22 of 29 Attachment number 7Page 23 of 29 Attachment number 7Page 24 of 29 Attachment number 7Page 25 of 29 Attachment number 7Page 26 of 29 Attachment number 7Page 27 of 29 Attachment number 7Page 28 of 29 Attachment number 7Page 29 of 29 Rainbow Homes 1939 Gordon Highway Augusta, Georgia 30909 Attn: James See Rainbow Homes 1939 Gordon Highway Augusta, Georgia 30909 Attn: James See Rainbow Homes 1939 Gordon Highway Augusta, Georgia 30909 Attn: James See Freedom Homes 1919 Gordon Highway Augusta, Georgia 30909 Attn: Sam Evans Freedom Homes 1919 Gordon Highway Augusta, Georgia 30909 Attn: Sam Evans Freedom Homes 1919 Gordon Highway Augusta, Georgia 30909 Attn: Sam Evans Regal Homes LLC of Augusta 2205 Barton Chapel Road Augusta, GA 30909 Attn: Shawn St Germaine Regal Homes LLC of Augusta 2205 Barton Chapel Road Augusta, GA 30909 Attn: Shawn St Germaine Regal Homes LLC of Augusta 2205 Barton Chapel Road Augusta, GA 30909 Attn: Shawn St Germaine Oasis Homes 1905 Gordon Highway Augusta, Georgia 30909 Attn: Mike Ritz Oasis Homes 1905 Gordon Highway Augusta, Georgia 30909 Attn: Mike Ritz Oasis Homes 1905 Gordon Highway Augusta, Georgia 30909 Attn: Mike Ritz New Century Homes 3642 Peach Orchard Highway Augusta, Georgia 30906 Attn: Linda Williams New Century Homes 3642 Peach Orchard Highway Augusta, Georgia 30906 Attn: Linda Williams New Century Homes 3642 Peach Orchard Highway Augusta, Georgia 30906 Attn: Linda Williams Omega Homes 1844 Gordon Highway Augusta, GA 30904 Attn: Jimmy Walker Omega Homes 1844 Gordon Highway Augusta, GA 30904 Attn: Jimmy Walker Omega Homes 1844 Gordon Highway Augusta, GA 30904 Attn: Jimmy Walker Access One 700 Milwaukee Avenue North Algona, WA 98001 Attn: Garrett Schnarr Access One 700 Milwaukee Avenue North Algona, WA 98001 Attn: Garrett Schnarr Access One 700 Milwaukee Avenue North Algona, WA 98001 Attn: Garrett Schnarr Mobile Modular 3300 Hamilton Mill Road Suite 102 P. O. Box 151 Buford, GA 30519 Attn: Andrew Redeker Mobile Modular 3300 Hamilton Mill Road Suite 102 P. O. Box 151 Buford, GA 30519 Attn: Andrew Redeker Mobile Modular 3300 Hamilton Mill Road Suite 102 P. O. Box 151 Buford, GA 30519 Attn: Andrew Redeker MFG Modular 1006 Bowens Mill Road Douglas, GA 31535 Attn: J J Spivey MFG Modular 1006 Bowens Mill Road Douglas, GA 31535 Attn: J J Spivey MFG Modular 1006 Bowens Mill Road Douglas, GA 31535 Attn: J J Spivey Jectar Builders, Inc 55 Kingdom Drive Jasper, GA 30143 Attn: Daniel Hekmat Jectar Builders, Inc 55 Kingdom Drive Jasper, GA 30143 Attn: Daniel Hekmat Jectar Builders, Inc 55 Kingdom Drive Jasper, GA 30143 Attn: Daniel Hekmat Attachment number 8Page 1 of 2 CSI P. O. Box 2990 Augusta, GA 30904 Attn: J. H. Hyde CSI P. O. Box 2990 Augusta, GA 30904 Attn: J. H. Hyde CSI P. O. Box 2990 Augusta, GA 30904 Attn: J. H. Hyde J R Nixx & Associates 3165 Village Glen Trail Snellville, GA 30039 Attn: J R Nixx J R Nixx & Associates 3165 Village Glen Trail Snellville, GA 30039 Attn: J R Nixx J R Nixx & Associates 3165 Village Glen Trail Snellville, GA 30039 Attn: J R Nixx Georgia Modular Systems 144 Stuart Way Fitzgerald, GA 31750 Attn: Hope Shealey Georgia Modular Systems 144 Stuart Way Fitzgerald, GA 31750 Attn: Hope Shealey Georgia Modular Systems 144 Stuart Way Fitzgerald, GA 31750 Attn: Hope Shealey Dodge Plan Room 1281 Broad Street Augusta, GA 30901 Attn: Linda Blackston Tom Beck Augusta Recreation & Parks Department Ron Houck Augusta Recreation Department Yvonne Gentry Augusta DBE Office Bid Item #09-080 Addendum 2 Modular Building for Tennis Pro Shop At Diamond Lakes Regional Park Attachment number 8Page 2 of 2 Commission Meeting Agenda 4/1/2009 2:00 PM AN ORDINANCE TO AMEND THE AUGUSTA, GA CODE TO ADD A DEFINITION FOR THE TERM “MOTORIZED CART” Department:Law Caption:Motion to approve an Ordinance to amend Title Three of the Augusta, Georgia Code to add a definition for the term "Motorized Cart" to Section 3- 5-1, to repeal all ordinances in conflict herewith, to provide an effective date and for other purposes. (Approved by Commission March 17, 2009 - second reading) Background:Augusta, GA Code Section §3-5-1, in subsection (b) provides 47 definitions of terms applicable to Chapter Five- Motor Vehicles and Traffic. Analysis:The proposed Code amendment will add a definition of “Motorized Cart” which will be reflected as definition (48) of AUGUSTA, GA CODE Section §3-5-1(b) and will read: "(48) Motorized Cart. Every motor vehicle having no less than three wheels and an unladen weight of 1,300 pounds or less and which cannot operate at more than 20 miles per hour." Financial Impact:No financial impact is anticipated. Alternatives:Decline to add a definition of the term "Motorized Cart." Recommendation:Authorize this amendment to the Code to improve the clarity of the restrictions which relate to Motorized Carts in Augusta. Funds are Available in the Following Accounts: N/A. REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Ordinance No.___________ AN ORDINANCE TO AMEND TITLE THREE OF THE AUGUSTA, GA CODE TO ADD $'(),1,7,21)257+(7(50³02725,=('&$57´72SECTION 3-5-1, TO REPEAL ALL ORDINANCES IN CONFLICT HEREWITH, TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. WHEREAS, the AUGUSTA, GA CODE does not currently contain a definition of the term ³0RWRUL]HG&DUW´ WHEREAS, it is the desire of the Commission to improve the clarity of Code language regarding the use of certain motorized vehicles in Augusta-Richmond County; THE AUGUSTA-RICHMOND COUNTY COMMISSION hereby ordains as follows: SECTION 1. AUGUSTA, GA CODE Section §3-5-1 as set forth in Ordinance No. 6436, enacted November 19, 2002 and as amended and re-adopted July 10, 2007, is hereby amended by adding DGHILQLWLRQIRUWKHWHUP³0RWRUL]HG&DUW´LQVXEVHFWLRQb), which provides definitions of terms applicable to Chapter Five- Motor Vehicles and Traffic. The newly added definition of ³0RWRUL]HG&DUW´VKDOOEHUHIOHFWHGas definition (48) of AUGUSTA, GA CODE Section §3-5-1(b), DVVHWIRUWKLQ³([KLELWA´KHUHWR SECTION 2. This ordinance shall become effective upon its adoption in accordance with applicable laws. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this ___ day of ___________, 2009. ___________________________ David S. Copenhaver As its Mayor Attest: ______________________________ Lena J. Bonner, Clerk of Commission Attachment number 1Page 1 of 4 CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta-Richmond County Commission on _________________, 2009 and that such Ordinance has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordinance which was approved and adopted in the foregoing meeting(s). ______________________________ Lena J. Bonner, Clerk of Commission Published in the Augusta Chronicle. Date: ______________________ First Reading: ________________________ Second Reading: ______________________ Attachment number 1Page 2 of 4 ([KLELW³$´ Attachment number 1Page 3 of 4 Sec. 3-5-1. Definitions of words and phrases. (b) Whenever any words and phrases used in this chapter are not defined herein but are defined in the state laws regulating the operation of vehicles, any such definition therein shall be deemed to apply to such words and phrases used herein, except when the context otherwise requires. « ADD (48) Motorized Cart. Every motor vehicle having no less than three wheels and an unladen weight of 1,300 pounds or less and which cannot operate at more than 20 miles per hour. Attachment number 1Page 4 of 4 Commission Meeting Agenda 4/1/2009 2:00 PM Award Bid #08-212A, Printer Replacements Department:Information Technology Caption:Motion to approve the selection of CDWG, Inc. for Bid #08-212A, Printer Replacements. (Approved by Public Safety Committee March 23, 2009) Background:The Information Technology Department conducts an annual technology refresh in which all obsolete equipment is replaced. Part of this refresh is the replacement of printers. In an effort to find the lowest possible price for the printers that are needed as part of this refresh, Information Technology produced Bid #08-212A. Analysis:Information Technology is recommending CDWG as the vendor to supply replacement printers. This recommendation is a result of an analysis of all proposals received in response to Bid #08-162A, Printer Replacements. CDWG, Inc. is the lowest and best responsive bidder. Financial Impact:By choosing CDWG, Inc. as the provider of replacement printers for the City of Augusta, we will be buying HP printers at a better price point than we are currently receiving. We will also be receiving the printers on a specified schedule, thus reducing the overhead invloved in storing a large number of printers. The overall financial impact will be a reduced cost in printer acquisitions. If purchased off of state contract the current 167 printers slated for replacement would cost $121,075. By awarding CDWG, Inc. with the bid the cost of these printer replacements would be $106,374. This would result in a cost savings to the City of Augusta of $14,701. Alternatives:The City of Augusta can continue to purchase printers off of state contract. This would result in a loss of $14,701 in savings. Recommendation:Award Bid #08-212A to CDWG. Funds are Available in the Following Accounts: The funds were approved in the Information Technology Capital Budget and are in account #272015410-5316260. REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Attachment number 1Page 1 of 1 Ve n d o r s : CD W G o v e r n m e n t , I n c . 23 0 N . M i l w a u k e e A v e n u e Ve r n o n H i l l s , I L 6 0 0 6 1 Mu l t i w a v e 20 1 5 3 P a s e o D e l P r a d o Wa l n u t , C A 9 1 7 8 9 HP C P 1 5 1 8 n i Ye s Pr i n t e r P r i c e $3 7 3 . 0 0 Wa r r a n t y $7 1 . 0 0 HP P 2 0 1 5 d n HP P 2 0 5 5 d n Pr i n t e r P r i c e $3 2 3 . 0 0 Wa r r a n t y $5 1 . 0 0 HP C P 3 5 2 5 d n Ye s Pr i n t e r P r i c e $8 4 1 . 0 0 Wa r r a n t y $2 3 7 . 0 0 HP P 4 5 1 5 x Ye s Pr i n t e r P r i c e $2 , 0 0 2 . 0 0 Wa r r a n t y $4 5 0 . 0 0 Ex c e p t i o n s N o t e d HP P 2 0 5 5 d n $6 2 . 4 0 Th e f o l l o w i n g V e n d o r ( s ) S u b m i t t e d N o B i d R e s p o n s e ( s ) : L o g i s t a a n d M u l t i w a v e Ex c e p t i o n s N o t e d Ve n d o r S u b m i t t e d N o B i d R e s p o n s e Ye s $1 , 9 0 7 . 6 0 $3 9 4 . 0 0 $7 1 7 . 1 0 $1 7 9 . 0 0 OM O f f i c e S u p p l y , I n c . 50 0 7 C a r l i s l e P i k e , S t e 2 0 2 Me c h a n i c s b u r g , P A 1 7 0 5 0 Re - B i d # 0 8 - 2 1 2 A Pr i n t e r R e p l a c e m e n t fo r t h e C i t y o f A u g u s t a - I n f o r m a t i o n T e c h n o l o g y D e p a r t m e n t Re - B i d D u e : W e d n e s d a y , J a n u a r y 1 4 , 2 0 0 9 a t 3 : 0 0 p . m . $9 3 . 0 0 Ye s $3 1 5 . 4 0 Ye s $2 6 9 . 5 5 Attachment number 2Page 1 of 2 Em t e c , I n c . 50 0 S a t e l l i t e B l v d e , N W S t e A Su w a n e e , G A 3 0 0 2 4 No n - C o m p l i a n t Ve n d o r D i d N o t R e t u r n Su b c o n t r a c t o r A f f i d a v i t Attachment number 2Page 2 of 2 Attachment number 3Page 1 of 1 C-PAK Attn: Jonathan Hulsey 133 Main Street LaGrange, GA 30240 CDWG Attn: Damian Gonzalez 230 N. Milwaukee Ave. Vernon Hills, IL 60061 Florida Micro Theresa Peters West PO Box 480416 Delray Beach, FL 33448 Global Source Partners Steven Stocker PO Box 66 Gracewood, GA 30812 Howard Tech Stacey Saulpaw PO Box 1588 Laurel, MS 39441 HP Justin Loggins 10810 Farnam Drive Omaha, NE 68154 IntelliSystems Kevin Wade 209 7th Street, 2nd Floor Augusta, GA 30901 Presidio One Sun Court Norcross, GA 30092 SHI Katie O’Kane 33 Knightsbridge Road Piscataway, NJ 08854 The Douglas Group Robert Douglas 2221 Peachtree Road, Suite D506 Atlanta, GA 30309 Tiger Direct Bobby Smalls 7795 W Flagler St., Suite 353 Miami, FL 33144 OM Office Supply, Inc. Attn: Manish Agarwal 5007 Carlisle Pike, Suite 101 Mechanicsburg, PA 17050 CDW Government, Inc. Attn: Maureen Diaz 230 N. Milwaukee Avenue Vernon Hills, IL 60061 Southern Computer Warehouse Attn: Starr Brown 1800 Roswell Road, Ste 1060 Marietta, GA 30062 Yvonne Gentry DBE Hatcher Building Matthew Mixon Information Technology Tameka Allen Interim Deputy Administrator Re-Bid Item #08-212A Printer Replacement For Information Technology Re-Bid Due: 1/14/09 @ 3:00 p.m. Attachment number 4Page 1 of 1 Commission Meeting Agenda 4/1/2009 2:00 PM Metro E Network from AT&T Department:Augusta 9-1-1 Center Caption:Motion to approve a contract with AT&T for a Metro E Network with Ft. Gordon. (Approved by Public Safety Committee March 23, 2009) Background:The Augusta and Ft. Gordon 9-1-1 Centers recently installed a "Viper" 9-1-1 Telephone System in each Center. Part of this project included a network connection between Ft. Gordon and Augusta to provide system backup between the two Centers and eventual establishment of a satillite location as an emergency relocation Center. Analysis:Metro E is a networking solution that will provide the connectivity between the two Centers, so each Center acts as an emergency backup to the other. Without this connectivity both Centers will lose an essential benefit of the system. Financial Impact:The funds for this portion of the project are available in 215-03-7210- 52.23119 and the cost breakdown is as follows: One Time Costs - $2,020.00 Monthly charge - 2,250.00 The monthly charges would total $15,750.00 for 2009 if the first billing date is May 2009. The total for 2009, if billing begins in May is $17,770.99. Alternatives:None. Recommendation:Approval of the contract. Funds are Available in the Following Accounts: 215-03-7210-52.12119 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Page 1 of 4 AT&T and Customer Confidential Information AT&T ILEC Pricing Schedule / Letter of Election Attachment to AT&T Unified Agreement Reference No: Letter of Election The service(s) (the ‘Service’) to which this Pricing Schedule is applicable is: BellSouth Metro Ethernet Service Customer (“Customer”) AT&T (“AT&T”) Augusta 911 USA For purposes of this Letter of Election, AT&T means the Service Provider specifically identified herein with a place of business at: 675 W Peachtree St. NW, Atlanta, GA 30375 Customer Contact (for notices) AT&T Contact (for notices) Name: Title: Telephone: Fax: E-mail: Address, if different from above: Street Address City St Zip Code Country Existing Billing Number (if applicable): Account Rep Name: Debra Russell Title: Network Sales Engineer II Street Address: 3626 Walton Way Ext., Ste. 1 City: Augusta State: GA Zip Code: 30910- With a copy to: AT&T Corp. One AT&T Way, Bedminster, NJ 07921-0752 Attn: Master Agreement Support Team E-mail: mast@att.com Customer agrees to purchase the Service in the quantities and according to the prices and terms and conditions set forth in this Pricing Schedule/Letter of Election (“Pricing Schedule”) and in the applicable Service Publication, the terms of which are incorporated herein. In jurisdictions that require the Service to be provided pursuant to tariff, the relevant Service Publication is the applicable Tariff; in jurisdictions that do not require the Service to be tariffed and in which AT&T has no tariff for the Service, the relevant Service Publication is the applicable Service Description(s), Price List(s) or Guidebook(s) (for ease of reference, the Service Descriptions, Price Lists and Guidebooks are referred to herein as the “Guidebook”). If the Service is offered pursuant to the Guidebook, this document incorporates by reference the relevant AT&T Business Service Agreement (BSA). If there is a conflict between this Pricing Schedule and the Tariff, Guidebook, or BSA, the Tariff, Guidebook or BSA will take priority. The Service is provided by the AT&T Affiliate identified below as the Service Provider. Prices in this Pricing Schedule are exclusive of, and Customer will pay, all current or future taxes, regulatory surcharges, recovery fees, shipping charges, and other similar charges specified or allowed by any governmental entity relating to the sale, use, or provision of the Service. Customer (by its authorized representative) AT&T (by its authorized representative) By: ________________________________________ Name: _____________________________________ Title: _______________________________________ Date: ________________________________ By: ___________________________________________ Name: ________________________________________ Title: _________________________________________ Date: ____________________________ Attachment number 1Page 1 of 4 Page 2 of 4 AT&T and Customer Confidential Information BellSouth Metro Ethernet Service Order Type: New Install Renewal Service Period: 36 Months Total Monthly Rate: $2,020.00 Total Nonrecurring Charge: $2,250.00 Service Provider and Tariff, or Guidebook: BellSouth Telecommunications, Inc. d/b/a AT&T Georgia A40.13 (GSST) Tariff The Company will furnish, install, maintain and provide maintenance of the Service in accordance with the Company's applicable Tariff or Guidebook. The Pricing Schedule Term shall begin on the date the Service is installed and available for use by Customer, unless specified otherwise in the Tariff or Guidebook. In the event the Service is terminated prior to the expiration of the Service Period, Customer shall pay all Termination and Cancellation Charges as specified in the Tariff or Guidebook (or, where applicable, the promotion filing). If Customer terminates the Service prior to the date Customer’s obligation to pay for the Service begins, Customer will reimburse AT&T for time and materials incurred prior to the effective date of termination, plus any third party charges resulting from such termination. Customer agrees to pay any added costs incurred by AT&T due to a Customer initiated change in the location of the requested Service prior to the time the Service is installed. This Pricing Schedule shall be extended for additional one-year terms under the terms and conditions provided in the Tariff or Guidebook unless either party provides written notice of its intent not to renew the Pricing Schedule at least sixty (60) days prior to the expiration of the initial term or each additional one-year term. Suspension of Service is not permitted for the requested Service. If you are purchasing a BellSouth Fast Packet Transport Service (BellSouth Frame Relay Service, BellSouth Asynchronous Transfer Mode Service, or BellSouth Metro Ethernet Service) or a BellSouth Digital Network Service (BellSouth MegaLink Service, BellSouth MegaLink Channel Service, BellSouth LightGate Service, BellSouth SMARTRing Service, or BellSouth Wavelength Service) under this Agreement, such service may only be purchased by Customers whose traffic on this service will be at least 90% intrastate. Customer is responsible for complying with this requirement, and by ordering or accepting such service under this Agreement, Customer is representing to the Company that its traffic on the service will be at least 90% intrastate. Tariffs and Guidebooks may be found at http://cpr.bellsouth.com/ Rate Elements Qty USOC Non - Recurring Recurring BellSouth Metro Ethernet Service (GA) Premium Metro Ethernet Class of Service 1 MTEPZ $0.00 $0.00 Location #1 Address: 911 4th St. Serving CO: AGSTGAMT84A (706/821) - BellSouth Telecomm, Inc. - GA Switch Type: DMS Payment Term: 12 to 36 Months Speed: 10 Mbps Premium Connection - Fixed 1 MTEP3 $1,000.00 $900.00 Metro Ethernet Wire Center: AGSTGAMT42W (0.9813 miles) Attachment number 1Page 2 of 4 Page 3 of 4 AT&T and Customer Confidential Information Priority Plus Feature per connection 1 MTETP $0.00 $100.00 CNM - Metro Ethernet Reporting Service Establishment Charge per customer account 1 CNMSE $250.00 $0.00 CNM - Metro Ethernet Reporting Charge per connection 1 CNMME $0.00 $10.00 CNM - Metro Ethernet Reporting Web Interface Charge, First 1 CNMWF $0.00 $0.00 Location #2 Address: 407 Brainard Ave Serving CO: AGSTGAFL79C (706/793) - BellSouth Telecomm, Inc. - GA Switch Type: 1AESS Payment Term: 12 to 36 Months Speed: 10 Mbps Premium Connection - Fixed 1 MTEP3 $1,000.00 $900.00 Metro Ethernet Wire Center: AGSTGAAU40W (7.8233 miles) Priority Plus Feature per connection 1 MTETP $0.00 $100.00 CNM - Metro Ethernet Reporting Charge per connection 1 CNMME $0.00 $10.00 *Rates generated for Metro Ethernet will be accurate only if based on a Metro Ethernet Service Inquiry Response. The SI response will also advise if Special Construction charges will apply. Total Non-recurring $2,250.00 Total Recurring $2,020.00 Location of Service Location #1: Augusta 911 911 4th St. Augusta, GA Location #2: Ft. Gordon 911 407 Brainard Ave Augusta, GA For internal use only AT&T Sales Representative – Please submit Customer Signed contract in e-mail or mail: E-mail: [Please Select] OR Mail: [Please Select] Sales Contact AT&T Branch Office Sales Phone # AT&T Business Center Location Sales Fax # Program Code Sales E-mail Attachment number 1Page 3 of 4 Page 4 of 4 AT&T and Customer Confidential Information Attachment number 1Page 4 of 4 1 Quote Number: Prepared By: Customer: Subject: Augusta 911 BBS071119163100 Debbie Byrd BellSouth Metro Ethernet Service (GA) Description QTY USOC/Code Installation Monthly Quote Detail BellSouth Metro Ethernet Service (GA) Premium Metro Ethernet Class of Service $0.00 $0.00MTEPZ1 Location #1 Address: 911 4th St. Serving CO: AGSTGAMT84A (706/821) - BellSouth Telecomm, Inc. - GA Switch Type: DMS Payment Term: 12 to 36 Months Speed: 10 Mbps Premium Connection - Fixed $1,000.00 $900.00MTEP31 Metro Ethernet Wire Center: AGSTGAMT42W (0.9813 miles) Priority Plus Feature per connection $0.00 $100.00MTETP1 CNM - Metro Ethernet Reporting Service Establishment Charge per customer account $250.00 $0.00CNMSE1 CNM - Metro Ethernet Reporting Charge per connection $0.00 $10.00CNMME1 CNM - Metro Ethernet Reporting Web Interface Charge, First $0.00 $0.00CNMWF1 Location #2 Address: 407 Brainard Ave Serving CO: AGSTGAFL79C (706/793) - BellSouth Telecomm, Inc. - GA Switch Type: 1AESS Payment Term: 12 to 36 Months Speed: 10 Mbps Premium Connection - Fixed $1,000.00 $900.00MTEP31 Metro Ethernet Wire Center: AGSTGAAU40W (7.8233 miles) Priority Plus Feature per connection $0.00 $100.00MTETP1 CNM - Metro Ethernet Reporting Charge per connection $0.00 $10.00CNMME1 *Rates generated for Metro Ethernet will be accurate only if based on a Metro Ethernet Service Inquiry Response. The SI response will also advise BellSouth's price quote identifies the various charges applicable for the provisioning of the proposed services; however, there are miscellaneous additional charges that may be applicable but cannot be precisely quantified. Such charges may include directory assistance charges, franchise fees, license fees/taxes, local usage charges, per usage feature charges, dual party relay charges, hearing and speech impaired charges, miscellaneous listing charges, number portability recovery charges, internet charges, long distance charges, operator assistance call charges (i.e. collect calls, third-party calls and call interrupts), and/or other charges identified in BellSouth's tariffs or applicable service agreement terms. In accordance with the tariffs or other applicable service agreement terms, the Customer will be billed any such charges incurred, and will be held responsible for payment of such charges. Prepared By Debbie Byrd (706) 821-0131 Quote Number BBS071119163100 This Quote is valid 30 days from last revision date,02/09/2009 The information contained in this proposal is proprietary to BellSouth and is offered solely for the purpose of evaluation. It may not be disclosed to third parties without prior written permission from BellSouth. This quote is subject to the availability of the services set forth above. Federal, State and Local tax not included. 1 Printed:02/09/2009Created by QuoteExpert Page: Attachment number 2Page 1 of 2 2 Quote Number: Prepared By: Customer: Subject: Augusta 911 BBS071119163100 Debbie Byrd BellSouth Metro Ethernet Service (GA) if Special Construction charges will apply. Totals $2,250.00 $2,020.00 Circuit Location Information BellSouth Metro Ethernet Service (GA) Location #1 Augusta 911 911 4th St. Augusta, GA Location #2 Ft. Gordon 911 407 Brainard Ave Augusta, GA BellSouth's price quote identifies the various charges applicable for the provisioning of the proposed services; however, there are miscellaneous additional charges that may be applicable but cannot be precisely quantified. Such charges may include directory assistance charges, franchise fees, license fees/taxes, local usage charges, per usage feature charges, dual party relay charges, hearing and speech impaired charges, miscellaneous listing charges, number portability recovery charges, internet charges, long distance charges, operator assistance call charges (i.e. collect calls, third-party calls and call interrupts), and/or other charges identified in BellSouth's tariffs or applicable service agreement terms. In accordance with the tariffs or other applicable service agreement terms, the Customer will be billed any such charges incurred, and will be held responsible for payment of such charges. Prepared By Debbie Byrd (706) 821-0131 Quote Number BBS071119163100 This Quote is valid 30 days from last revision date,02/09/2009 The information contained in this proposal is proprietary to BellSouth and is offered solely for the purpose of evaluation. It may not be disclosed to third parties without prior written permission from BellSouth. This quote is subject to the availability of the services set forth above. Federal, State and Local tax not included. 2 Printed:02/09/2009Created by QuoteExpert Page: Attachment number 2Page 2 of 2 Commission Meeting Agenda 4/1/2009 2:00 PM Ratification of State Court Probation Services Contract with Sentinel Offender Services, LLC Department:State Court Caption:Motion to ratify State Court Probation Services Contract with Sentinel Offender Services, LLC. (Approved by Public Safety Committee March 23, 2009) Background:Sentinel Offender Services, LLC ("Sentinel") is a private company which provides probationary services to a number of courts in Georgia and other states. Sentinel has provided acceptable probation services for Augusta, Georgia in the past and will continue to do so under the terms of this one year agreement. Analysis: Financial Impact:No negative financial impact is anticipated as Sentinel's fee is paid by their collection of probation supervision fees. Alternatives:Authorize sufficent funding to perform probation supervision services through the use of Augusta-Richmond County employees. Recommendation:Ratify this contract. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Attachment number 1Page 1 of 9 Attachment number 1Page 2 of 9 Attachment number 1Page 3 of 9 Attachment number 1Page 4 of 9 Attachment number 1Page 5 of 9 Attachment number 1Page 6 of 9 Attachment number 1Page 7 of 9 Attachment number 1Page 8 of 9 Attachment number 1Page 9 of 9 Commission Meeting Agenda 4/1/2009 2:00 PM Replacement of Obsolete Computer Equipment Department:Information Technology Caption:Motion to approve the replacement of obsolete computer equipment (laptops, computers, servers, printers, and scanners) and purchase of any required computer software upgrades. (Approved by Public Safety Committee March 23, 2009) Background:In an effort to provide the employees of Augusta Richmond County with current technology, the Information Technology Department (IT) schedules replacement of EOL (end of life) devices that, due to their age and capabilities, are not compatible with current standards and are unable to support the current software requirements. Information Technology has developed an IT Technology Replacement plan that replaces obsolete computers every 4 years and printers every 5 - 6 years, the normal life expectancy for the equipment. The replacement of desktops will consist of all computers that are not capable of operating the current software needs and the scheduled printers, laptops, servers, and scanners. Information Technology is also continuing with the standardization of the current operating system and Microsoft Office products throughout the organization. Therefore, required computer software upgrades may need to be purchased for the computers that are not scheduled to be replaced. The replaced equipment will be sold in the employee lottery and/or sold in the County auction. Analysis:Currently there are estimated 1500 computers deployed by the city. The life expectancy of a computer is 3 - 4 years. In some cases, these computers, servers and printers are incapable of processing the software required by today’s business environment. We have determined that the Hewlett Packard printer models over 5 years old are not capable of printing documents of acceptable quality. There are also laptops in inventory that are over 5 years old and will not run current software packages. These items will be purchased from state contract. (WSCA #A63309) Financial Impact:The total estimated cost is $333,493. Funds for these replacements are included in the Information Technology 2009 Capital Budget. Alternatives:Leave existing devices in place. However, this will increase the cost of replacements in future budgets and will affect other technology related implementations. Recommendation: Approve the replacement of obsolete computer equipment (laptops, computers, servers, printers, and scanners) and purchase of any required Cover Memo computer software upgrades. Funds are Available in the Following Accounts: 272015410-5316220(Desktops) 272015410-5316230(Laptops) 272015410- 5316260(Printers) 272015410-5424210(Servers) 272015410-5316250 (Peripherals) carryover funds REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 4/1/2009 2:00 PM 2009 Utilities- Fort Gordon F-350 Department:Finance Department, Fleet Management Caption:Motion to approve the replacement of 1 utility body truck for the Utilities Department-Fort Gordon Division. (Approved by Finance Committee March 23, 2009) Background:The Utilities Department – Fort Gordon Division is requesting the replacement of 1 full size utility body truck, asset number 994485. The truck has been evaluated and exceeds the replacement criteria approved by the Augusta Commission in April 2004. The truck has extreme maintenance cost, excessive miles, and is recommended for replacement. The evaluation sheet is attached for Commission review. This truck was orignally assigned to Construction and Maintenance as a crew maintenance truck. It was transfered to the Fort Gordon project for startup purposes. The vehicle is in need of replacement. Analysis:Fleet Management submitted a request for bids through the Procurement Department utilizing the Demand Star electronic bid system which offers nationwide bid coverage. For the full size utility body truck, Bid 08-197, four bids were received as follows: Bobby Jones = $34,846.00; Gordon Chevrolet = $36,813.00; Terry Cullen Chevrolet = $38,337.00; and Legacy Ford as a non compliant bid. Financial Impact:The vehicle will be purchased for a total of $ 34,846.00. Funding for the procurement of this equipment will be provided by the Utilities Department capital outlay. Alternatives:(1) Approve the request, (2) deny the request. Recommendation:Approve the acquisition of one F350 utility body truck from Bobby Jones Ford (lowest Bid offer -08-197) for $34,846.00 for the Utilities Department – Fort Gordon Division. Funds are Available in the Following Accounts: 506-04-3430/54.22210 REVIEWED AND APPROVED BY:Cover Memo Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo 10,000 GVW TRUCKS BID 08-197 Bobby Jones Gordon Cullen Bobby Jones Gordon Cullen Ford Chevrolet Chevrolet Ford Chevrolet Chevrolet Year 2009 2009 2009 Brand Ford Chevrolet Chevrolet Model F350 3500 3500 Delivery Date 90-120 Days 90-120 Days 60-120 Days 5.01 Price -RC-4x2-SRW $24,811.00 No Bid No Bid 5.02 Price - RC-4x2-DRW $25,438.00 No Bid No Bid 5.03 Price - RC-4x4-SRW $27,395.00 $29,477.00 $29,828.00 5.04 Price - RC-4x4-DRW $27,974.00 $29,990.00 $30,339.00 5.05 Price - EC-4x2-SRW $27,108.00 $29,078.00 $29,429.00 5.06 Price - EC-4x2-DRW $27,735.00 $29,622.00 $29,972.00 5.06 $27,735.00 $29,622.00 $29,972.00 5.07 Price - EC-4x4-SRW $29,826.00 $31,361.00 $31,711.00 5.08 Price - EC-4x4-DRW $30,400.00 $31,910.00 $32,260.00 5.09 Price - CC-4x2-SRW $28,196.00 $29,781.00 $30,131.00 5.10 Price - CC-4x2-DRW $28,747.00 $30,056.00 $30,406.00 5.11 Price - CC-4x4-SRW No Bid $32,569.00 $32,919.00 5.12 Price - CC-4x4-DRW No Bid $32,843.00 $33,193.00 5.13 Limited Slip Rear Axle 300.00 260.00 370.00 5.13 300.00 260.00 370.00 5.14 HD Cooling Package No Bid 0.00 0.00 5.15 HD Electrical Package No Bid 0.00 140.00 5.16 HD Suspension Package No Bid 0.00 0.00 5.17 Rear Seat Deleated N/A No Bid -290.00 5.18 Pickup Box Deleated -307.00 -532.00 -500.00 5.18 -307.00 -532.00 -500.00 5.19 Trailer Tow Mirrors 0.00 56.00 60.00 5.19 0.00 56.00 60.00 5.20 Roof Clearance Lights 46.00 44.00 60.00 5.21 Speed Control/Tilt Steering 320.00 200.00 210.00 5.22 Skid Plate Package 83.00 120.00 125.00 5.23 PTO for Transmission 208.00 0.00 N/A 5.24 Three Keys 25.00 0.00 50.00 5.24 25.00 0.00 50.00 6.00 OUTFITTER'S SPECIALTY ITEMS 6.01 Fire Extinguisher 40.00 45.00 80.00 6.01 40.00 45.00 80.00 6.02 Three Plug Outlet Receptacle 45.00 47.00 60.00 6.03 Bed Liner 275.00 275.00 450.00 6.04 Electric Brake Controller 120.00 120.00 185.00 6.04 120.00 120.00 185.00 6.05 8' Service Body-SRW 5,000.00 5,000.00 4,900.00 6.06 8' Service Body-DRW 5,461.00 5,461.00 5,700.00 6.06 5,461.00 5,461.00 5,700.00 6.07 Crane Service Body 8,000.00 8,000.00 8,200.00 6.08 Service Crane 5,392.00 5,392.00 7,500.00 6.09 J Hooks and Railing 120.00 120.00 275.00 6.10 Panel Top-60"3,295.00 3,295.00 3,995.00 6.11 Panel Top-72"3,650.00 3,650.00 4,300.00 6.12 Service Body Bumper-SRW-Ball 326.00 326.00 300.00 6.13 Service Body Bumper-DRW-Ball 420.00 420.00 350.00 6.14 Service Body Bumper-SRW-Pintle 253.00 253.00 350.00 6.15 Service Body Bumper-DRW-Pintle 325.00 325.00 350.00 6.15 325.00 325.00 350.00 6.16 Flatbed Body 2,696.00 2,696.00 2,300.00 6.17 Tool Boxes-Underbody 500.00 500.00 650.00 6.18 Single Spotlight 245.00 255.00 540.00 6.18 245.00 255.00 540.00 6.19 Dual Spotlights 490.00 510.00 1,080.00 6.20 Toolbox-Aluminum 232.00 232.00 350.00 6.21 Class IV Trailer Hitch 300.00 300.00 325.00 6.22 Trailer Wiring 25.00 25.00 40.00 6.22 25.00 25.00 40.00 6.23 Trailer Ball 10.00 10.00 30.00 6.24 Pintle Hook-Single 120.00 120.00 300.00 6.25 Pintle Hook-Dual Purpose 140.00 140.00 375.00 6.26 Tommy Gate Lift 2,169.00 2,169.00 2,375.00 6.27 Pipe Vise-Rigid Model 40195 210.00 210.00 275.00 6.27 210.00 210.00 275.00 6.28 Spot Mirrors 0.00 50.00 150.00 6.28 0.00 50.00 150.00 6.29 Window Tint-RC 95.00 100.00 200.00 6.30 Window Tint-EC 105.00 125.00 225.00 6.30 105.00 125.00 225.00 6.31 Window Tint-CC 120.00 150.00 250.00 6.32 Safety Cone Holder 45.00 55.00 90.00 6.33 Safety Cones-4 105.00 112.00 145.00 6.33 105.00 112.00 145.00 7.00 ALERT WARNING SYSTEMS 7.01 Backup Alarm 50.00 210.00 95.00 7.01 50.00 210.00 95.00 7.02 Magnetic LED Cab Light 320.00 335.00 650.00 7.03 Cab Mounted LED Flashing Light 407.00 469.00 600.00 7.03 407.00 469.00 600.00 7.04 Traffic Advisor-Single 590.00 670.00 940.00 7.05 Traffic Advisor-Dual 1,180.00 1,340.00 1,650.00 TOTAL $34,846.00 $36,813.00 $38,337.00 FOR ALL DEPARTMENTS-10,000 GVW TRUCK-BIDS OPENING NOVEMBER 14, @ 11:00 Attachment number 1Page 1 of 1 Attachment number 2Page 1 of 1 Attachment number 3Page 1 of 1 Attachment number 4Page 1 of 1 Vendors Terry Cullen Chev 1250 Battlecreek Rd Jonesboro, Ga 30236 Legacy Ford 413 Industrial Blvd McDonough, GA 30253 Gordon Chevrolet 2031 Gordon Highway Augusta, GA 30909 Bobby Jones Ford P.O. Box 15398 Augusta, GA 30919 Year 2009 2009 2009 Brand Chevrolet Chevrolet Ford Model Silverado HD 3500 3500 Silverado F350 Delivery Date 60 to 100 ARO 60 Days ARO 90 to 120 Days P.O. 5.00 Options 5.01 No Bid No Bid 24,811.00$ 5.02 No Bid No Bid 25,438.00$ 5.03 29,828.00$ 29,477.00$ 27,395.00$ 5.04 30,339.00$ 29,990.00$ 27,974.00$ 5.05 29,429.00$ 29,078.00$ 27,108.00$ 5.06 29,972.00$ 29,622.00$ 27,735.00$ 5.07 31,711.00$ 31,361.00$ 29,826.00$ 5.08 32,260.00$ 31,910.00$ 30,400.00$ 5.09 30,131.00$ 29,781.00$ 28,196.00$ 5.10 30,406.00$ 30,056.00$ 28,747.00$ 5.11 32,919.00$ 32,569.00$ No Bid 5.12 33,193.00$ 32,843.00$ No Bid 5.13 370.00$ 260.00$ No Bid 5.14 Included STD No Bid 5.15 140.00$ STD No Bid 5.16 Included STD No Bid 5.17 (290.00)$ No Bid N/A 5.18 (500.00)$ (532.00)$ 307.00$ 5.19 60.00$ 56.00$ STD 5.20 60.00$ 44.00$ 46.00$ 5.21 210.00$ 200.00$ 320.00$ 5.22 125.00$ 120.00$ 83.00$ 5.23 Not Available STD 208.00$ 5.24 50.00$ N/C 25.00$ Bid Item #08-197 2009 - 10,000 GVW Series Pickup Truck Fleet Department Bid Opening Date: Tuesday, November 25, 2008 @ 11:00 a.m. Non-Compliant LSB (Good Faith Effort) 1 Attachment number 5Page 1 of 3 Vendors Terry Cullen Chev 1250 Battlecreek Rd Jonesboro, Ga 30236 Legacy Ford 413 Industrial Blvd McDonough, GA 30253 Gordon Chevrolet 2031 Gordon Highway Augusta, GA 30909 Bobby Jones Ford P.O. Box 15398 Augusta, GA 30919 6.00 Outfitter's Specialty Items 6.01 80.00$ 45.00$ 40.00$ 6.02 60.00$ 47.00$ 45.00$ 6.03 450.00$ 275.00$ $275.00 Pickup $450.00 Service Body 6.04 185.00$ 120.00$ 120.00$ 6.05 4,900.00$ 5,000.00$ 5,000.00$ 6.06 5,700.00$ 5,461.00$ 5,461.00$ 6.07 8,200.00$ 8,000.00$ 8,000.00$ 6.08 7,500.00$ 5,392.00$ 5,392.00$ 6.09 275.00$ 120.00$ 120.00$ 6.10 3,995.00$ 3,295.00$ 3,295.00$ 6.11 4,300.00$ 3,650.00$ 3,650.00$ 6.12 300.00$ 326.00$ 326.00$ 6.13 350.00$ 420.00$ 420.00$ 6.14 350.00$ 253.00$ 253.00$ 6.15 350.00$ 325.00$ 325.00$ 6.16 2,300.00$ 2,696.00$ 2,696.00$ 6.17 650.00$ 500.00$ 500.00$ 6.18 540.00$ 255.00$ 245.00$ 6.19 1,080.00$ 510.00$ 490.00$ 6.20 350.00$ 232.00$ 232.00$ 6.21 325.00$ 300.00$ 300.00$ 6.22 40.00$ 25.00$ 25.00$ 6.23 30.00$ 10.00$ 10.00$ 6.24 300.00$ 120.00$ 120.00$ 6.25 375.00$ 140.00$ 140.00$ 6.26 2,375.00$ 2,169.00$ 2,169.00$ 6.27 275.00$ 210.00$ 210.00$ 6.28 150.00$ 50.00$ STD Non-Compliant LSB (Good Faith Effort) Fleet Department Bid Opening Date: Tuesday, November 25, 2008 @ 11:00 a.m. Bid Item #08-197 2009 - 10,000 GVW Series Pickup Truck 2 Attachment number 5Page 2 of 3 Vendors Terry Cullen Chev 1250 Battlecreek Rd Jonesboro, Ga 30236 Legacy Ford 413 Industrial Blvd McDonough, GA 30253 Gordon Chevrolet 2031 Gordon Highway Augusta, GA 30909 Bobby Jones Ford P.O. Box 15398 Augusta, GA 30919 6.29 200.00$ 100.00$ 95.00$ 6.30 225.00$ 125.00$ 105.00$ 6.31 250.00$ 150.00$ 120.00$ 6.32 90.00$ 55.00$ 45.00$ 6.33 145.00$ 112.00$ 105.00$ 7.00 Alert Warning Systems 7.01 95.00$ 210.00$ 50.00$ 7.02 650.00$ 335.00$ 320.00$ 7.03 600.00$ 469.00$ 407.00$ 7.04 940.00$ 670.00$ 590.00$ 7.05 1,650.00$ 1,340.00$ 1,180.00$ 8.00 Electrical Connections 8.01 Yes Yes Yes 8.02 Yes Yes Yes 8.03 Yes Yes Yes 8.04 Yes Yes Yes 8.05 Yes Yes Yes 8.06 Yes Yes Yes 8.07 Yes Yes Yes 8.08 Yes Yes Yes 8.09 Yes Yes Yes Bid Item #08-197 2009 - 10,000 GVW Series Pickup Truck Fleet Department Bid Opening Date: Tuesday, November 25, 2008 @ 11:00 a.m. Exceptions Noted Non-Compliant LSB (Good Faith Effort) 3 Attachment number 5Page 3 of 3 Attachment number 6Page 1 of 2 Attachment number 6Page 2 of 2 Commission Meeting Agenda 4/1/2009 2:00 PM 2009 Utilities-Water Production F-250 U/B Department:Finance Department, Fleet Management Division Caption:Motion to approve the purchase of one Ford F-250 utility body truck for Utilities Ground Water Division. (Approved by Finance Committee March 23, 2009) Background:The Utilities Department – Ground Water Division is requesting the purchase of a new Ford F-250 with utility body to be used for general maintenance purposes. This division has been using open bed pickup trucks for their general maintenance requirements which requires daily loading and unloading of tools and supplies which is not efficient. The current truck being used for general maintenance is an open bed F-250. The Division is wanting to reallocate this for hauling of heavy equipment currently being hauled by an F-150. The F-150 is having to take several trips to accomplish its requirements. The addition of the F-250 utility body truck would allow for a more efficient and cost effective operation. Analysis:Fleet Management submitted a request for bids through the Procurement Department utilizing the Demand Star electronic bid system which offers nationwide bid coverage. For the F-250, utility body, pickup truck, Bid 08- 190, the Procurement Department received quotes back from two venders with only one being compliant. Review of bids received show the following results: Bobby Jones Ford = $ 25,089 each; Legacy Ford as noncompliant. Financial Impact:The vehicle will be purchased for a total of $ 25,089.00. Funding for the procurement of this equipment will be provided by the Utilities Department capital outlay. Alternatives:1.Approve the award to the lowest and only compliant bidder, Bobby Jones Ford, Augusta Georgia 2.Do not approve the request. Recommendation:Approve the purchase of one F-250 Utility Body Truck for $25,089.00 from Bobby Jones Ford as the low bidder in bid item 08-190. Funds are Available in the Following Accounts: 506-04-3530/54.22210 REVIEWED AND APPROVED BY: Cover Memo Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo 8500 GVW TRUCKS BID 08-190 Bobby Jones Legacy Required Ford Ford Items Year 2009 2009 Brand Ford Ford Model F250 F250 Delivery Date 120 Days 5.01 Model -8,500-RC-4x2 $18,087.00 $0.00 5.01 $18,087.00 5.02 Model - 8,500-RC-4x4 $20,775.00 $0.00 5.03 Model - 8,500-EC-4x2 $20,110.00 $0.00 5.04 Model - 8,500 -EC-4x4 $22,798.00 $0.00 5.05 Model - 8,500 -Crew Cab-4x2 $21,293.00 $0.00 5.06 Model - 8,500 -Crew Cab-4x4 $23,982.00 $0.00 5.07 Diesel Engine 6.0 L 5,723.00 0.00 5.08 Limited Slip Rear Axle 249.00 0.00 5.08 249.00 5.09 HD Cooling Package 0.00 0.00 5.09 0.00 5.10 HD Electrical Package 0.00 0.00 5.10 0.00 5.11 Rear Seat Deleted n/a 5.12 Pickup Box Deleted -307.00 0.00 5.12 -307.00 5.13 Trailer Tow Mirrors 0.00 0.00 5.13 0.00 5.14 Roof Clearance Lights 46.00 0.00 5.15 Speed Control/Tilt Steering 320.00 0.00 5.16 Skid Plate Package 4x4 83.00 0.00 6.00 OUTFITTER'S SPECIALTY ITEMS 6.01 Fire Extinguisher 40.00 0.00 6.01 40.00 6.02 Three Plug Outlet Receptacle 45.00 0.00 6.03 Bed Liner 275.00 0.00 6.04 Electric Brake Controller 120.00 0.00 6.04 120.00 6.05 8' Service Body 5,000.00 0.00 6.05 5,000.00 6.06 Service Body Bumper-Ball Hitch 326.00 0.00 6.07 Service Body Bumper-Pintle Hook 253.00 0.00 6.07 253.00 6.08 Single Spotlight 245.00 0.00 6.08 245.00 6.09 Dual Spotlights 490.00 0.00 6.10 Tool Box-Alumunium 232.00 0.00 6.11 Class IV Trailer Hitch 300.00 0.00 6.12 Trailer Wiring 30.00 0.00 6.12 30.00 6.13 Trailer Ball 12.00 0.00 6.14 Pintle Hook-Dual Purpose 120.00 0.00 6.14 120.00 6.15 Pipe Vise-Rigid Model 40195 215.00 0.00 6.15 215.00 6.16 Tommy Gate Lift 2,000.00 0.00 6.17 Window Tint-Regular Cab 80.00 0.00 6.17 80.00 6.18 Window Tint-Extended Cab 95.00 0.00 6.19 Window Tint-Crew Cab 125.00 0.00 6.20 Safety Cone Holder 40.00 0.00 6.21 Safety Cones-4 105.00 0.00 6.21 105.00 6.22 Ladder Rack 395.00 0.00 6.22 395.00 7.00 ALERT WARNING SYSTEMS 7.01 Backup Alarm 50.00 0.00 7.01 50.00 7.02 Magnetic LED Cab Light 320.00 0.00 7.03 Cab Mount LED Light 407.00 0.00 7.03 407.00 NON-COMPLIANT TOTAL $25,089.00 FOR ALL DEPARTMENTS-8500 GVW TRUCKS-BIDS OPENED NOVEMBER 14 @ 11:00 Attachment number 1Page 1 of 1 Attachment number 2Page 1 of 1 Invitation To Bid Sealed bids will be received at this office until 11:00 a.m. Friday, November 14, 2008 Bid Item #08-188 2009 – Compact Pickup Truck for Fleet Department Bid Item #08-189 2009 – 6000 GVW Series Pickup Truck for Fleet Department Bid Item #08-190 2009 – 8500 GVW Series Pickup Truck for Fleet Department Bid Item #08-196 2009 – Police Impala for Fleet Department BID’s will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 706-821-2422 BID documents may be obtained at the office of Augusta, GA Procurement Department, 530 Greene Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing to the office of the Procurement Department by Fax at 706-821-2811 or by mail. No bid will be accepted by fax, all must be received by mail or hand delivered. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference on an eligible local project, the certification statement as a local bidder and all supporting documents must be submitted to the Procurement Department with your bonafide bid package. No BID may be withdrawn for a period of 90 days after time has been called on the date of opening. Bidders will please note that the number of copies requested; all supporting documents including financial statements and references and such other attachments that may be required by the bid invitation are material conditions of the bid. Any package found incomplete or submitted late shall be rejected by the Procurement Office. Any bidder allegedly contending that he/she has been improperly disqualified from bidding due to an incomplete bid submission shall have the right to appeal to the appropriate committee of the Augusta commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that sequestration of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle October 16, 23, 30, November 6, 2008 Metro Courier October 22, 2008 cc: Tameka Allen Interim Deputy Administrator Ron Crowden Fleet Management Attachment number 3Page 1 of 1 Vendors Bobby Jones Ford P.O. Box 15398 Augusta, GA 30919 Legacy Ford, Inc. 413 Industrial Boulevard McDonough, GA 30253 Gordon Chevrolet 2031 Gordon Highway Augusta, GA 30909 5.00 Vehicle/Options Required 5.01 18,087.00$ 5.02 $ 20,775.00 5.03 $ 20,110.00 5.04 $ 22,798.00 5.05 $ 21,293.00 5.06 $ 23,982.00 5.07 5,723.00$ 5.08 $ 249.00 5.09 Standard 5.10 Standard 5.11 N/A 5.12 (307.00)$ 5.13 Standard 5.14 46.00$ 5.15 320.00$ 5.16 83.00$ 6.00 Outfitter's Speciality Items 6.01 40.00$ 6.02 45.00$ 6.03 275.00$ 6.04 $ 120.00 6.05 $ 5,000.00 6.06 $ 326.00 6.07 $ 253.00 6.08 $ 245.00 6.09 490.00$ 6.10 232.00$ 6.11 300.00$ 6.12 30.00$ 6.13 12.00$ 6.14 120.00$ 6.15 215.00$ 6.16 2,000.00$ 6.17 80.00$ 6.18 $ 95.00 6.19 125.00$ 6.20 40.00$ 6.21 105.00$ 7.00 Alert Warning Systems 7.01 50.00$ 7.02 320.00$ 7.03 407.00$ Approximate Delivery Time 90 - 120 days after PO Bid #08-190 2009 - 8500 GVW Series Pickup Truck for The City of Augusta - Fleet Department Bid Opening Date: Friday, November 14, 2008 at 11:00 a.m. Non-Compliant Contractors Affidavit (Notary) Sub-Contractors Affidavit LSB Forms Non-Compliant Contractors Affidavit (Notary) Sub-Contractors Affidavit LSB Forms Attachment number 4Page 1 of 1 Attachment number 5Page 1 of 2 Attachment number 5Page 2 of 2 Commission Meeting Agenda 4/1/2009 2:00 PM Bruce Klassen Department:Clerk of Commission Caption:Motion to approve a request from Mr. Bruce Klassen regarding an abatement of penalty only for property located at 2636 Walton Way. (Approved by Finance Committee March 23, 2009) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Attachment number 1Page 1 of 1 Commission Meeting Agenda 4/1/2009 2:00 PM Continue purchase of Public Official Liability Insurance Department:Finance/Risk Management Caption:Motion to approve renewal of Public Official Liability coverage with current carrier, Landmark American Insurance, for $68,308 for April 19, 2009 to April 19, 2010 coverage. (Approved by Finance Committee March 23, 2009) Background:Public Official Liability provides coverage for "wrongful acts" of the public entity and wrongful acts of individuals who act on behalf of the entity. A wrongful act means any actual or alleged breach of duty, neglect, errors, misstatements, misleading statements, omissions or employment practices violation by an insured solely in the performance of duties for the public entity. Augusta-Richmond County has maintained continuous coverage since 1997. Acceptance of coverage gives additional protection to the assets of public officials. Public Official Liability (POL) coverage is claims made coverage (occurrence based is not available) which means any claim which may be covered would need to be filed during the policy period. Analysis:J. Smith Lanier & Company secured 3 quotes for this coverage. These quotes provide $2,000,000 in coverage with a $250,000 SIR (self insured retention). Quotes were received from Landmark American Insurance an A XII rated carrier (current carrier and none committed) for a premium of $68,308; Allied World Assurance an A XV carrier with a premium quote of $ 72,800; and Westchester Insurance Co. an A+ XI carrier with a premium quote of $112,856. Financial Impact: Alternatives:Rely totally on available funds for the payment of any judgments which may be rendered directly against entity's public officials. Recommendation:Approve coverage quoted by Landmark American Insurance for a one year period for a premium of $ 68,308 for $2,000,000 in coverage and $250,000 SIR. Coverage includes Augusta Commission, Augusta Regional Airport Authority and Solid Waste Management Authority. Funds are Available in the Following Accounts: General Insurance 611-01-5212 Cover Memo REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Attachment number 1Page 1 of 6 Attachment number 1Page 2 of 6 Attachment number 1Page 3 of 6 Attachment number 1Page 4 of 6 Attachment number 1Page 5 of 6 Attachment number 1Page 6 of 6 Commission Meeting Agenda 4/1/2009 2:00 PM Martin Management Investments LP Department:Clerk of Commission Caption:Motion to deny a request from Martin Management Investments, LP regarding a waiver of penalty and interest on property located at 1332 Augusta West Parkway. (Approved by Finance Committee March 23, 2009) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Attachment number 1Page 1 of 1 Commission Meeting Agenda 4/1/2009 2:00 PM ORDINANCE TO ENLARGE THE DESIGNATION OF DOWNTOWN DEVELOPMENT AREAS Department:Law Caption:Motion to approve an Ordinance to amend Article 2.1, Section 1-4-16 of the Augusta, Ga. Code, so as to enlarge the designation of the Downtown Development Areas, to repeal conflicting Ordinances and for other purposes and waive second reading. (Approved by Finance Committee March 23, 2009) Background:The territorial boundaries of the Downtown Development Authority (hereinafter "DDA") are set by ordinance, codified at Augusta, Ga. Code Section 1-4-16, pursuant to the Downtown Development Authorities Law the boundaries of the DDA must be enlarged to further accomplish its statutory purposes. In effect, said ordinance must be amended by the Augusta-Richmond County Commission. Analysis:Upon review and vote by the Augusta-Richmond County Commission said ordinance will increase the boundaries of the DDA to the area East of Milledge Road and Lakemont Drive; South of the Savannah River; West of I-520; North of Wrightsboro Road, Seventh Street and Laney-Walker Boulevard, as more particularly shown as marked in blue on a Google Aerial Photograph of the area, identified as Image 2007 DigitalGlobe, 2007 Tele Atlas, filed with the Clerk of Commission and incorporated herein by reference, further enabling the DDA to accomplish its statutory functions. Financial Impact:None. Alternatives:If the ordinance is not amended the DDA will not be able to bond the projects that it is working on and complete the same in a timely manner. Recommendation:Approval of the amendment of the Augusta, Ga. Code Section 1-4-16. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo AN ORDINANCE TO AMEND ARTICLE 2.1, SECTION 1-4-16, OF THE AUGUSTA, GA. CODE, SO AS TO ENLARGE THE DESIGNATION OF DOWNTOWN DEVELOPMENT AREAS; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES. WHEREAS, the Downtown Development Authorities Law, Ga. L. 1981, p. 1744, et seq., codified by the Georgia General Assembly in O.C.G.A. § 36-62-1, et seq., creates in and for every county and municipal corporation in the State of Georgia a public body corporate and politic to be known as the “Development Authority” of such county or municipal corporation; and WHEREAS, the public body corporate and politic known as the “Downtown Development Authority of the City of Augusta” (hereinafter “Authority”) was created pursuant to Ga. L. 1981, p. 1744, et seq., and WHEREAS, adequate financing for the rehabilitation and redevelopment of the central business district of Augusta-Richmond County, Georgia cannot be provided through the ordinary operation of private enterprise, and the involvement of a public agency in such an undertaking would not be competitive with private enterprise; and WHEREAS, it has been determined by the Augusta-Richmond County Commission (hereinafter “Commission”) that there exists an urgent need to provide incentives for the investment of funds for the rehabilitation and redevelopment of the central business district of the Augusta-Richmond County, Georgia (hereinafter “Augusta”); and WHEREAS, the Commission has determined that there is a need for a Downtown Development Authority to function in Augusta to help finance the cost of rehabilitation and redevelopment of the central business district of Augusta; and WHEREAS, the current boundaries of the Downtown Development Authority constitute from the west side of Fifteenth Street through the west side of East Boundary, and from the Savannah River through the south side of Laney Walker Boulevard; and WHEREAS, it is found and determined that the areas referred to above which constitute the boundary areas of the Downtown Development Authority are blighted areas and qualify as eligible project areas under redevelopment laws; and WHEREAS, additional blighted areas exist in the central business district and beyond the same, so that the current boundaries of the Downtown Development Authority must be expanded and the designation of the development areas increased; and Attachment number 1Page 1 of 3 THE AUGUSTA-RICHMOND COUNTY COMMISSION HEREBY ORDAINS as follows: Section One: By the authority aforesaid it is hereby ordained that the central business district of Augusta be and is hereby designated as the downtown development area of Augusta as required pursuant to Section Three of the Downtown Development Authorities Law, Ga. L. 1981, p. 1744, et seq. Section Two: By the authority and approval of the Augusta-Richmond County Commission, the boundaries of the Downtown Development Authority must be expanded and the designated area of the Downtown Development Authority is enlarged as follows: Section Three: The boundaries of the Downtown Development Authority of Augusta are expanded so as to include the area located generally in the area East of Milledge Road and Lakemont Drive; South of the Savannah River; West of I-520; North of Wrightsboro Road, Seventh Street and Laney-Walker Boulevard, as more particularly shown as marked in blue on a Google Aerial Photograph of the area, identified as Image 2007 DigitalGlobe, 2007 Tele Atlas, filed with the Clerk of Commission and incorporated herein by reference. Section Four: That all ordinances and parts of ordinances in conflict herewith are hereby repealed. Adopted ______ day of March, 2009. ______________________________ David S. Copenhaver, As its Mayor Attest: _________________________ Lena J. Bonner, Clerk of Commission Seal: Attachment number 1Page 2 of 3 CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta-Richmond County Commission on __________________, 2008 and that such Ordinance has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordinance which was approved and adopted in the foregoing meetings(s). _________________________________ Lena J. Bonner, Clerk of Commission Published in the Augusta Chronicle. Date: _______________________ Attachment number 1Page 3 of 3 Attachment number 2Page 1 of 1 Commission Meeting Agenda 4/1/2009 2:00 PM Recommend COLA increases for ARC Defined Benefit Pension Retirees Department:Finance Caption:Motion to approve proposed 2009 Cost of Living increases for the City 1949 Pension Plan, the City Employees Pension (City 1945) Plan and the Richmond County 1945 Pension Plan. (Approved by Finance Committee March 23, 2009) Background:The three closed defined benefit plans above each have different methods for calculating proposed cost of living increases for their retirees. Strictly applying the requirements for each plan would result in none of the members of any three plans receiving any adjustment to their level of benefits in 2009. The other defined benefit plan (GMEBS) has a 1.5% annual increase built in, regardless of changes to CPI. When this information was presented to the Pension and Audit Committee, there was a concensus that due to the abnormal fluctuations of the economy during 2008, this matter needed further study. Finance and the Administrator were asked to bring back a recommendation along its financial impact to the next meeting. Analysis:Finance compliled data of the benefits received by the retirees on the three plans. There were 154 retirees on the City 1949 plan, 16 on the City Employees Pension and 34 on the RC 1945 plan. There are 133 still actively contributing to the City 1949 plan, none to the City Employees Plan and 4 to the RC 1945 plan. The benefits received range from $8185 per year to $94,465. The earliest date of retirement is 1960. Information published by the Bureau of Labor and Statistics showed that during the twelve month period ending December 2008 the CPI-U (consumer price index for all urban dwellers) rose .1 percent, the smallest calendar increase since 1954. For the first three quarters of 2008 the increases were 3.1%,7.9%, and 2.6% respectively. Financial Impact:Due to the extremeties of the ranges of benefits received by retirees, it was felt that a tiered stucture of increases would direct the increase of the cost of living to those affected by it most, those on the lower end of the benefit scale. Our proposal is to increase the benefits of those making under $20,000 annually by 3%, those over $20,000 but under $25,000 by 2%, and those over $25,000 but under $30,000 by 1 %. Those receiving over $30,000 annually would receive no increase. The annual cost to each plan for this proposal and the number of plan members affected is shown below: 1949 City Plan : $44,747- 111 of 154 members City Employees: $4254- 11 of 16 members RC 1945 Plan: $8794- 23 of 32 members The actual cost for 2009 would be less than the annual cost since effective dates are March and April. Cover Memo Alternatives:1)award no adjustments for cost of living 2)apply some other methodology Recommendation:Accept the recommendation above and proceed to amend the pension plans to allow the increases. Additionally to allow Finance, HR, and the Administrator to come back to the Pension and Audit committee with a recommendation to change the method of calculation of these three plans to a more uniform method. Funds are Available in the Following Accounts: The 1945 City Plan and the Richmond County 1945 plan amounts would come from plan assets. The City Employee Pension amount of $4254 would come from Urban Service District contingency as this is an unfunded plan. REVIEWED AND APPROVED BY: Finance. Finance Law Administrator Cover Memo Commission Meeting Agenda 4/1/2009 2:00 PM Accept Donation from Augusta Women’s Club Department:Public Services Department - Facilities Management Division Caption:Motion to accept a gift of $650 from the Augusta Women’s Club for improvements to planted areas around select historical markers on Central Avenue, approve transfer of those funds from the Donation account to Operational account #101-06-2411-53.11710, and increase the budget in that line item from $6,840 to $7,490 to allow staff to proceed with procuring material to complete the requested work. (Approved by Engineering Services Committee March 23, 2009) Background:The Augusta Women’s Club has donated $650 to Augusta to enhance the area around existing historical markers on Central Ave. There are two markers originally placed by the Women’s Club. One is on Central Ave. at Troupe St. labeled “Heroes Grove circa 1920”. The other is on Central Ave. at Monte Sano Ave. labeled “WWI Veterans and Camp Hancock”. The Women’s Club desires for the area immediately surrounding these two markers to be more heavily planted. The plan includes adding some double- knockout roses around the existing markers and annual planting on the Monte Sano Ave. side, and removal and replanting of azaleas around and behind the marker on the Troupe St. side. There are also funds included to procure and plant a Willow Oak and a Dogwood in two areas closer to the Monte Sano Ave. side of Central Ave. The areas for the trees were locations where similar trees had been removed and never replaced. The monies are intended to procure plant material only. Facilities Management - Landscape Section will provide the plant layout and the labor for installation. Analysis:The check from the Augusta Women’s Club was deposited in the Designated Donations account and must be transferred by Commission action into an Operating fund, with a corresponding increase in the budget for the line item, in order for staff to make use of the donation. Financial Impact:Funding for Operational Account #101-06-2411-53.11710 will increase by $650 at no cost to Augusta. Alternatives:1. Accept a gift of $650 from the Augusta Women’s Club for improvements to planted areas around select historical markers on Central Avenue, approve transfer of those funds from the Donation account to Operational account #101-06-2411-53.11710, and increase the budget in that line item from $6,840 to $7,490 to allow staff to proceed with procuring material to complete the requested work. 2. Do not accept the gift. Recommendation: #1. Accept a gift of $650 from the Augusta Women’s Club for Cover Memo improvements to planted areas around select historical markers on Central Avenue, approve transfer of those funds from the Donation account to Operational account #101-06-2411-53.11710, and increase the budget in that line item from $6,840 to $7,490 to allow staff to proceed with procuring material to complete the requested work. Funds are Available in the Following Accounts: No funds are required. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 4/1/2009 2:00 PM Amendment No. 13 to Contract with OMI, Inc. and Reconciliation of 2008 Expenses Department:Utilities Caption:Motion to approve Amendment No. 13 (Year 2009 Agreement Modifications) to Agreement with OMI for a 2009 Budget cost of $7,513,768.80 and Reconciliation of 2008 Operating Costs. (Funded by Account No. 506043310-5211110) (Approved by Engineering Services Committee March 23, 2009) Background:On July 20, 1999 Augusta and Operations Management International, Inc. (OMI) entered into an Agreement for Operations, Maintenance and Management Services. Article 2.36 of the Agreement provides that OMI will prepare an annual amendment to the Agreement which establishes the budget for the year. Attached is a proposed Amendment No. 13 from OMI, which sets forth a 2009 budget of $7,513,768.80. The estimated cost of wastewater treatment services for 2008 is $7,226,268.80. We have also included an allowance of $287,500.00 to provide for OMI assistance with maintenance as may be needed at the water treatment facilities and other areas within our system. OMI has been able to provide such assistance in a very timely and cost effective manner in previous years. Also attached is the reconciliation of 2008 actual operating costs with the 2008 budgeted costs. This reconciliation shows a balance due to OMI under the terms of our existing agreement in the amount of $354,588.78. Analysis:The 2009 budget cost contained in this amendment represents a 3.9% increase in the budgeted cost of wastewater treatment services over 2008 actual costs. The cost of this budget is within the established 2009 Utilities Department budget amount for this expense. The budget represents a spending plan which will be closely monitored by Utilities Department staff. Approval of this amendment will establish the 2009 line items and total cost for the Agreement for Operations, Maintenance and Management Services with OMI. The 2008 actual expenditures for operation of our water pollution control facilities exceeded the budgeted amount by $354,588.78. This increase was primarily due to increases in the cost of power, chemicals, biosolids application (which has a significant fuel component) and an increased organic load on the treatment facilities. Financial Impact:$7,868,357.58 from Account No. 506043310-5211110. Alternatives:(1) Approve the proposed budget for 2009 and reconciliation of 2008 expenses or (2) Reject the proposed budget and re-negotiate. Recommendation: Approve Amendment No. 13 (Year 2009 Agreement Modifications) to the Cover Memo agreement with OMI for a 2009 Budget cost of $7,513,768.80 and reconciliation of 2008 operating costs by a payment to OMI in the amount of $354,588.78. (Funded by Account No. 506043310-5211110) Funds are Available in the Following Accounts: $7,868,357.58 from Account No. 506043310-5211110. REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Page 1 of 3 AMENDMENT NO.13 TO THE AGREEMENT FOR OPERATIONS, MAINTENANCE AND MANAGEMENT SERVICES FOR AUGUSTA, GEORGIA This AMENDMENT No. 13 to the Agreement date July 20, 1999 is made effective this 1st day of January, 2009 between Augusta, Georgia, a political subdivision of the State of Georgia, whose address for any formal notice is 530 Green Street, Room 801, Augusta Georgia 30911, Attention: City Administrator KHUHLQDIWHU³2ZQHU´DQG2SHUDWLRQV0DQDJHPHQW,QWHUQDWLRQDO,QFKHUHLQDIWHU³CH2M HILL OMI´ZLWKoffices at 9193 South Jamaica Street, Suite 400, Englewood, Colorado 80112. NOW THRERFORE, Owner and CH2M HILL OMI agree to amend the Agreement as follows: 1. Article 2.34 is hereby deleted in its entirety and replaced with the following Article 2.34: 2.34 Provide, and document repairs as described in Appendix A.5, provided the total amount CH2M HILL OMI shall be required to pay does not exceed Three Hundred Twenty Four Thousand One Hundred Ninety Two Dollars and No Cents ($324,192.00) during the tenth year of the Agreement (January 1, 2009 through December 31, 2009). At such time that actual repair costs exceed the annual repairs limit, CH2M HILL OMI shall notify the Owner in writing. Repairs in excess of the annual repair budget will be invoiced at direct costs, with no markup for overhead or profit and will be included in the annual reconciliation of the contract. 2. Article 4.1 is hereby deleted in its entirety and replaced with the following Article 4.1: 4.1 For services rendered for the period January 1, 2009 through December 31, 2009, Owner shall pay to CH2M HILL OMI a base fee equal to the actual cost of services as provided in Article 4.3, which includes a Management Fee of One Hundred Eighty Eight Thousand Five Hundred Eleven Dollars and Thirty Six Cents ($188,511.36). Said Management Fee and Base Fee shall increase proportionally with Base Fee adjustments described in Article 4.4. 3. Article 4.3 is hereby deleted in its entirety and replaced with the following Article 4.3. 4.3 CH2M HILL OMI estimates that the cost for services for the period January 1, 2009 through December 31, 2009 shall be Seven Million Five Hundred Thirteen Thousand Seven Hundred Sixty Eight Dollars and Eighty Cents ($7,513,768.80). Details of said costs are shown in Appendix K. The Base Fee shall be negotiated each year beginning 120 days prior to conclusion to contract year. Should Owner and CH2M HILL OMI fail to agree, the Base Fee will be determined by the application of the Base Fee Adjustment Formula shown in Appendix F. 4. Appendix K is hereby deleted in its entirety and replaced with the attached Appendix K. This Amendment No. 13 together with the Agreement constitutes the entire agreement between the Parties and supersedes all prior oral and written understandings with respect to the subject matter set forth herein. Unless specifically stated all other terms and conditions of the Agreement shall remain in full Attachment number 1Page 1 of 3 Page 2 of 3 force and effect. Neither this Amendment nor the Agreement may be modified except in writing signed by an authorized representative of the Parties. The Parties, intending to be legally bound, indicate their approval of the Amendment by their signatures below. OPERATIONS MANAGEMENT AUGUSTA, GEORGIA INTERNATIONAL, INC. Natalie Eldredge David S. Copenhaver Vice President Mayor Date: Date: ATTEST: Clerk Attachment number 1Page 2 of 3 Page 3 of 3 Appendix K Estimated Costs 2009 Description Annualized Cost Labor and Benefits $ 2,042,194.00 Administrative $ 83,146.00 Equipment and Vehicle Expense $ 133,256.00 Biosolids Application $ 1,333,332.00 Training $ 32,018.00 Materials and Supplies $ 107,422.00 Chemicals $ 468,432.00 Outside Services $ 153,400.00 Power $ 1,606,320.00 Repairs $ 324,192.00 Miscellaneous $ - Sub-total $ 6,283,712.00 Overhead 12% $ 754,045.44 Management Fee $ 188,511.36 Sub-total $ 942,556.80 Directors Allowance $ 250,000.00 Overhead 12% $ 30,000.00 Management Fee $ 7,500.00 Sub-total $ 287,500.00 Total $ 7,513,768.80 Attachment number 1Page 3 of 3 Attachment number 2Page 1 of 3 Attachment number 2Page 2 of 3 Attachment number 2Page 3 of 3 Commission Meeting Agenda 4/1/2009 2:00 PM Rae's Creek Trunk Sewer Ph IV Change Order 6 Department: Caption:Motion to approve the Final Change Order to the existing construction contract with W.L. Hailey and Company, Inc. to finalize bid schedule line items and approve funding to finalize construction. (Approved by Engineering Services Committee March 23, 2009) Background:Rae’s Creek Trunk Sewer Improvements Phase IV is a previously authorized project consisting of a gravity type sewer pipe installed along Rae’s Creek from Wheeler Road to the Jackson Road area. The cost for the contract was estimated and awarded using the contractors unit prices applied to the project bid schedule. Pursuant to the terms of the contract the Utilities Department is responsible to pay the contractor for the approved installed quantities. Also included in this change order is funding to cover unforeseen conditions billed on a time and materials basis to prevent additional delays in accordance with the contract. In 2008 the Engineering Department partnered with the Utilities Department on this contract to allow improvements to the storm water management system, roadway alignment, and riding surface along Camellia Road. A portion of this change order allocates the remaining funding for the Camellia Roadway Improvements. Analysis:Approving this change order will allow the Contractor to close out the construction of the sewer line work and the gain funding for the remainder of the Camellia Roadway Improvements construction. Financial Impact:Funds for this request can be charged to: Utilities Department Portion $285,079.45 funded by account number: 507043420/5425210- 80260112/5425210 Engineering Department Portion: $330,000.00 funded by account number: 327-04-1110-6011110/296812333-6011110 Alternatives:No alternatives. Recommendation:We recommend the Commission approve Final Change Order 6 to the existing contract with W.L. Hailey and Company, Inc. in the amount of $615,079.45. Funds are Available in the Following Accounts: $285,079.45 from 507043420/5425210-80260112/5425210 $330,000.00 from 327-04-1110-6011110/296812333-6011110 Cover Memo REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Attachment number 1Page 1 of 1 Change Order 6 Rae's Creek Trunk Sewer Improvements Phase IV Camellia Roadway Improvements Item #Description Item Cost 1 Final line item adjustments to bid schedule.$124,301.05 2 Additional costs associated with stream buffer delay, water line offset, additional paving at club and restaurant. $124,528.40 3 Water line offsets due to storm sewer conflicts along Camellia Road.$32,400.00 4 Additional Sewer Service Installation at Bass Property.$3,850.00 5 Additional Augusta Engineering Department funds for Camellia Road Replacement.$330,000.00 $615,079.45Total Cost Attachment number 2Page 1 of 1 Commission Meeting Agenda 4/1/2009 2:00 PM Minutes Department:Clerk of Commission Caption:Motion to approve the minutes of the regular meeting of the Commission held on March 17, 2009. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 4/1/2009 2:00 PM Appointment District 3 Department: Caption:Motion to approve the appointment of Michael A. Brown to the Historic Preservation Commission due to the resignation of Anna Avery representing District 3. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Attachment number 1Page 1 of 2 Attachment number 1Page 2 of 2 Commission Meeting Agenda 4/1/2009 2:00 PM District Appointment 4 Department: Caption:Motion to approve the appointment of Mary Jacobson to the Canal Authority, Christopher Martin to the Citizens Small Business Advisory Board and Charles E. Harris to the ARC Coliseum Authority representing District 4. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Attachment number 1Page 1 of 2 Attachment number 1Page 2 of 2 Attachment number 2Page 1 of 2 Attachment number 2Page 2 of 2 Attachment number 3Page 1 of 2 Attachment number 3Page 2 of 2 Commission Meeting Agenda 4/1/2009 2:00 PM SPLOST Phase VI Department: Caption:Motion to approve the Special Local Option Sales Tax (SPLOST) Phase VI Referendum Resolution. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 4/1/2009 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