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HomeMy WebLinkAbout2009-05-05-Meeting Agenda Commission Meeting Agenda Commission Chamber 5/5/2009 2:00 PM INVOCATION: Reverend Wilfred G. Hunt, Associate Pastor Burns United Methodist Church. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. RECOGNITION(S) Augusta State University A. Congratulations! Augusta State Men's Basketball Team for achieveing a spot at the Final Four of the 2009 Division II NCAA Championship in Springfield, Massachusets. Attachments Five (5) minute time limit per delegation DELEGATIONS B. Ms. Shannon Carter-Dunlop: RE: City's sponsorship of Devin Carter to attend the Junior National Young Leaders Conference, Washington, D.C. Attachments CONSENT AGENDA (Items 1-27) PUBLIC SERVICES 1. Motion to approve the recommendation of the Aviation Advertising Agency as presented by the Committee selected to review the proposers. (Approved by Public Services Committee April 29, 2009) Attachments 2. Motion to approve the recommendation of the Air Service Consultant Agency, Seabury Airline Planning Group, LLC, as presented by the Committee selected to review the proposers. (Approved by Public Services Committee April 29, 2009) Attachments 3. Motionvto approve New Application: A. N. 09 - 78: request by Yang Rong for an on premise consumption Liquor, Beer & Wine license to be used in connection with Attachments Kobe Steak House, Inc. located at 2801 Washington Rd. There will be Sunday Sales. District 7. Super District 10. (Approved by Public Services Committee April 29, 2009) 4. Motion to approve the contract between Augusta Regional Airport and Defense Energy Support Center (DESC). This contract will begin April 1, 2009 and end March 31, 2013. (Approved by Public Services Committee April 29, 2009) Attachments 5. Motion to approve a lease of city property to Georgia Department of Natural Resources associated with the Go Fish Georgia Tournament Boat Ramp grant and project. (Approved by Public Services Committee April 29, 2009) Attachments 6. Motion to award RFQ bid item # 09-086A, Photography Services, to Future Stars Photography. (Approved by Public Services Committee April 29, 2009) Attachments ADMINISTRATIVE SERVICES 7. Motion to approve 09-114 Special Services Contract with Consolidated Mailing Services, LLC. (Approved by Administrative Services Committee April 29, 2009) Attachments 8. Motion to approve a Resolution for Support of Vantage Development, LLC’s Application for Tax Credits to the State’s Department of Community Affairs for the Crest at Edinburgh Housing Project. (Approved by Administrative Services Committee April 29, 2009) Attachments 9. Motion to approve GMEBS DB Retirement Plan Amendment with immediate vesting for SES and extra 5 years of service credit for SES in case of RIF. (Approved by Administrative Services Committee April 29, 2009) Attachments 10. Motion to approve the attached Proposed Homelessness Prevention and Rapid Re- Housing Projects and on behalf of the City, authorize the Housing and Community Development (HCD) Department to amend the City’s 2008 Action Plan and submit an application for $927,319 in Homelessness Prevention and Rapid Re-Housing Program (HPRP) Funds to HUD. (Approved by Administrative Services Committee April 29, 2009) Attachments 11. Motion to approve the reprogramming of $878,108 in Community Development Block Grant (CDBG) and HOME Investment Partnerships Funds. (Approved by Administrative Services Committee April 29, 2009) Attachments PUBLIC SAFETY 12. Motion to approve Addendum to CivicPlus Contract. (Approved by Public Safety Committee April 29, 2009) Attachments ENGINEERING SERVICES 13. Motion to approve an Option for the purposes of acquiring a Right-of-Way between Dunn & Vaiden, Inc., as owner, and Augusta, Georgia, as optionee, in connection with the Marvin Griffin Road Improvement Project, (N/A sq. ft.) in fee and (67 sq. ft.) of permanent construction and maintenance easement, and (601 sq. ft.) of temporary construction easement from the property located at 1803 Marvin Griffin Road, private, at the purchase price of $66.00. (Approved by Engineering Services Committee April 29, 2009) Attachments 14. Motion to approve an Option for Right-of-Way between Yonghua Du & Jiakun Jin, as owners, and Augusta, Georgia, as optionee, in connection with the Alexander Drive Project, for 0.111 acre (4,820.80 sq. ft in fee and N/A permanent construction & maintenance easement for the property located at 2503 Carriage Creek for a purchase price of $26,000.00. (Approved by Engineering Services Committee April 29, 2009) Attachments 15. Motion to approve an Option for the purposes of acquiring a Right-of-Way between Applied Industrial Technologies-Dixie, Inc., as owner, and Augusta, Georgia, as optionee, in connection with the Marvin Griffin Road Improvement Project, (1,024 sq. ft.) in fee and (1,873 sq. ft.) of permanent construction and maintenance easement from property located at 1719 Marvin Griffin Road, private, at the purchase price of $900.00. Also granted is one temporary driveway easement. (Approved by Engineering Services Committee April 29, 2009) Attachments 16. Motion to approve an Option for the purposes of acquiring a Right-of-Way between Marcia F. Brinkman, Mollie A. Brinkman, Melissa B. Fountain, Jeff Taylor, Patricia Ann Taylor, Thomas J. Taylor, Jr., Dorothy Taylor, as Trustee, Jennifer T. Hammett, Greg Brinkman, Patricia Ann Taylor, as Trustee, as owner(s), and Augusta, Georgia, as optionee, in connection with the Willis Foreman Road Bridge Project, (8,372 sq. ft.) in fee and (N/A sq. ft.) of permanent drainage, utility and maintenance easement from property located at 4514 Windsor Spring Road, private, at the purchase price of $1,084.00. Also granted is one temporary construction easement. (Approved by Engineering Services Committee April 29, 2009) Attachments 17. Motion to authorize Augusta Utilities Department to submit an application to the Georgia Environmental Facilities Authority (GEFA) for the Main Interceptor - Phase I Project under the American Recovery and Reinvestment Act of 2009 (ARRA) Attachments appropriated by Congress. (Approved by Engineering Services Committee April 29, 2009) 18. Motion to approve a contract with Blair Construction Inc. for services associated with construction of the Horsepen Phase 2-A Project in the amount of $1,297,718.53. Bid item #09-090 (Approved by Engineering Services Committee April 29, 2009) Attachments 19. Motion to approve the award of the contract, in the amount of $41,790.00, to replace the fill on the Municipal Building Cooling Tower to sole responsive bidder, Trane U.S., Inc. (Approved by Engineering Services Committee April 29, 2009) Attachments 20. Motion to approve and accept Procter & Gamble Option and Easement Deed for the Butler Creek Interceptor Improvements East Project. (Approved by Engineering Services Committee April 29, 2009) Attachments 21. Motion to advise the Augusta Commission of the possible need to notify certain users of the Augusta Canal to curtail water usage due to ongoing drought. (Approved by Engineering Services Committee April 29, 2009) Attachments 22. Motion to approve an ordinance to amend Augusta-Richmond County, Ga. Code, Section 5-2-45 to clarify multi-family dwelling water and sewer rates; to repeal all ordinances and parts of ordinance in conflict herewith; and for other purposes. (Approved by Commission April 21, 2009 - second reading) Attachments 23. Motion to award Design Consultant Services Agreement to Cranston Engineering Group, P.C in the amount of $136,611 and approve CPB 322-041110-207822001 on the Rock Creek/Warren Lake Restoration Project to be funded from the project engineering account for the Engineering Department. (Approved by Engineering Services Committee April 29, 2009) Attachments 24. Motion to authorize award of bids for the roof replacement for the Cushman Building at 2822 Central Ave to the lowest responsive bidder, Young’s Roofing and Painting, Inc., in the amount of $180,384.00. (Approved by Engineering Services Committee April 29, 2009) Attachments 25. Motion to approve Street Lighting Resolution Creating Street Lighting District. (Approved by Engineering Services Committee April 29, 2009) Attachments 26. Motion to approve an Ordinance to amend Augusta-Richmond County, Ga. Code, Sections 5-2-45(b) to clarify and amend the monthly residential sewer rates; to repeal all ordinances and parts of ordinances in conflict herewith; to provide an effective date; and for other purposes. (Approved by the Commission April 21, 2009 - second reading) Attachments PETITIONS AND COMMUNICATIONS 27. Motion to approve the minutes of the regular meeting of the Commission held on April 21, 2009. Attachments ****END CONSENT AGENDA**** AUGUSTA COMMISSION 5/5/2009 AUGUSTA COMMISSION REGULAR AGENDA 5/5/2009 (Items 28-41) PUBLIC SERVICES 28. New Application: A. N. 09 - 77: A request by Yong H. Lee for an on premise consumption Liquor license to be used in connection with Un Ha Su Restaurant & Karaoke located at 1855 Gordon Hwy. District 5. Super District 9. (No recommendation from Public Services Committee April 29, 2009) Attachments FINANCE 29. Motion to approve a Resolution amending and restating a Resolution creating the Augusta-Richmond County Redevelopment Area and Tax Allocation District Number One - Augusta, so as to adopt an Amended Redevelopment Plan for the area; To make certain findings regarding taxes pledged to finance redevelopment costs; and for other purposes. Attachments 30. Approve funding for June 16, 2009 Special Election. Attachments 31. Consider a request from the Augusta Branch NAACP for city sponsorship through the purchase of tickets for the Centennial Freedom Fund Banquet. Attachments 32. Consider a request from Mr. Jugal K. Purohit regarding a waiver of penalty on ten (10) tax bills due to national economic conditions. Attachments 33. Motion to approve a contract with Shields DESIGN LLC to work with staff in the creation of an overall Augusta Development Agenda. Attachments 34. Consider a request from FPL Food, LLC regarding a waiver of interest and/or penalties on their 2008 property taxes. Attachments 35. Motion to approve a contract with Jordan, Jones and Goulding to develop the Historic Resources Survey, Phase I, of the Harrisburg-West End Historic District. Attachments 36. Consider a request by the Olin Corporation that penalty and interest be refunded on 5 2008 tax bills. Attachments 37. Discuss/approve the Tee Center and Laney-Walker Redevelopment Plan(s). (Requested by the Administrator) Attachments APPOINTMENT(S) 38. Consider the following recommendtions from the Richmond County Medical Society for the appointment of one (1) to the Richmond County Board of Health. Attachments 39. Consider the recommendations for appointment to the Community Service Board. Attachments 40. Motion to approve the reappointment of Ms. Stella Nunnally to the Community Service Board. (Requested by Commissioner Betty Beard) Attachments LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 41. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Upcoming Meetings www.augustaga.gov Commission Meeting Agenda 5/5/2009 2:00 PM Invocation Department:Clerk of Commission Caption:Reverend Wilfred G. Hunt, Associate Pastor Burns United Methodist Church. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 1 Commission Meeting Agenda 5/5/2009 2:00 PM Augusta State University Department: Caption:Congratulations! Augusta State Men's Basketball Team for achieveing a spot at the Final Four of the 2009 Division II NCAA Championship in Springfield, Massachusets. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 2 Commission Meeting Agenda 5/5/2009 2:00 PM Carter Dunlap Department: Caption:Ms. Shannon Carter-Dunlop: RE: City's sponsorship of Devin Carter to attend the Junior National Young Leaders Conference, Washington, D.C. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 3 Attachment number 1Page 1 of 4 Item # 3 Attachment number 1 Page 2 of 4 Item # 3 Attachment number 1 Page 3 of 4 Item # 3 Attachment number 1 Page 4 of 4 Item # 3 Commission Meeting Agenda 5/5/2009 2:00 PM Airport Advertising Agency Recommendation Department:Augusta Regional Airport Caption:Motion to approve the recommendation of the Aviation Advertising Agency as presented by the Committee selected to review the proposers. (Approved by Public Services Committee April 29, 2009) Background:An RFQ was sent out for the Selection of the Airport Advertising Agency. The current contract with Hall Marketing will end March 31, 2009. The Selection Committee met March 24th to review the proposers, and selected Hall Marketing as the Airport Advertising Agency of choice. Analysis:The new contract is proposed for two (2) consecutive years with three (3) one year renewals. The contract will be presented for approval when it is completed and review by legal council. Financial Impact:Invoices will be presented when work is requested of the agency. Alternatives:Deny request. Recommendation:Approve request. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 4 Attachment number 1 Page 1 of 1 Item # 4 REQUEST FOR QUALIFICATIONS Request for Qualifications will be received at this office until Thursday, March 5, 2009 @ 3:00 p.m. FOR FURNISHING: RFQ ITEM #09-055 Advertising Agency for Augusta Regional Airport RFQ ITEM #09-056 Air Service Consultant for Augusta Regional Airport RFQs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 RFQ documents may be examined at the office of the Augusta, GA Procurement Department, 530 Greene Street – Room 605, Augusta, GA 30901. All questions must be submitted in writing to the office of the Procurement Department by Friday, February 20, 2009 @ 3:00 p.m. by fax at 706-821- 2811 or by mail. No RFQ 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 RFQ 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 RFQ number on the outside of the envelope. Bidders are cautioned that sequestration of RFQ documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFQ documents from unauthorized sources places 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 January 29, February 5, 12, 19, 2009 Metro Courier February 4, 2009 cc: Tameka Allen Interim Deputy Administrator Tammy Strange Augusta Regional Airport Diane Johnston Augusta Regional Airport Attachment number 2 Page 1 of 1 Item # 4 Vendors: Original 7 Copies Fee Structure Hall Marketing, Inc 519 Blackburn Drive Martinez, GA 30907 Yes Yes Yes The Alison Group 109 8th Street Augusta, GA 30901 Yes Yes Yes RedWolf, Inc 4025 Maddox Road Augusta, GA 30909 Cinergie P. O. Box 1268 Evans, GA 30809 Team 1 Advertising 206 Jackson Avenue North Augusta, SC 29841 United Marketing P. O. Box 212114 Augusta, GA 30917 Jan Holley Advertising 2701 West Terrace Drive Martinez, GA 30909 Mass Media Marketing 229 Furys Ferry Road Suite 123 Augusta, GA 30907 Medici Media 911 Hammond Drive North Augusta, SC 29841 Marketing Workshop 3725 Da Vinci Court Norcross, GA 30092 Slemp 4778 Darlene Way Tucker, GA 30084 Southeastern Marketing 4569-C Cox Road Evans, GA 30809 Acsential, Inc P. O. Box 312245 Atlanta, GA 31131 RFQ Item #09-055 Advertising Agency Services For the City of Augusta - Augusta Regional Airport RFQ Opening Date: Thursday, March 5, 2009 at 3:00 P.M. Non-Compliant Failed to submit the Contractor Affidavit & Agreement Form Attachment number 3 Page 1 of 1 Item # 4 Attachment number 4 Page 1 of 1 Item # 4 Attachment number 5 Page 1 of 1 Item # 4 Attachment number 6 Page 1 of 2 Item # 4 Attachment number 6 Page 2 of 2 Item # 4 Attachment number 7 Page 1 of 3 Item # 4 Attachment number 7 Page 2 of 3 Item # 4 Attachment number 7 Page 3 of 3 Item # 4 Commission Meeting Agenda 5/5/2009 2:00 PM Airport Air Service Consultant Agency Department:Augusta Regional Airport Caption:Motion to approve the recommendation of the Air Service Consultant Agency, Seabury Airline Planning Group, LLC, as presented by the Committee selected to review the proposers. (Approved by Public Services Committee April 29, 2009) Background:An RFQ was sent out for the Selection of the Airport Air Service Consultant Agency. The current contract with Seabury Airline Planning Group, LLC will end March 31, 2009. The Selection Committee met March 23rd to review the proposers and selected Seabury Airline Planning Group, LLC, as the Airport Air Service Consulting Agency. Analysis:once the Agency is is approved for selection it is recommended the contract be for two (2) consecutive years with three (3) one year renewals. The contract will be presented to the Augusta Commission upon final selection of the agency and approval of the contract by legal counsel. Financial Impact:Payment will be made upon completion of requested tasks. Alternatives:Deny request. Recommendation:Approve request. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 5 Attachment number 1 Page 1 of 1 Item # 5 REQUEST FOR QUALIFICATIONS Request for Qualifications will be received at this office until Thursday, March 5, 2009 @ 3:00 p.m. FOR FURNISHING: RFQ ITEM #09-055 Advertising Agency for Augusta Regional Airport RFQ ITEM #09-056 Air Service Consultant for Augusta Regional Airport RFQs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 RFQ documents may be examined at the office of the Augusta, GA Procurement Department, 530 Greene Street – Room 605, Augusta, GA 30901. All questions must be submitted in writing to the office of the Procurement Department by Friday, February 20, 2009 @ 3:00 p.m. by fax at 706-821- 2811 or by mail. No RFQ 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 RFQ 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 RFQ number on the outside of the envelope. Bidders are cautioned that sequestration of RFQ documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFQ documents from unauthorized sources places 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 January 29, February 5, 12, 19, 2009 Metro Courier February 4, 2009 cc: Tameka Allen Interim Deputy Administrator Tammy Strange Augusta Regional Airport Diane Johnston Augusta Regional Airport Attachment number 2 Page 1 of 1 Item # 5 Vendors:Original 7 Copies Fee Structure Addendum 1 Mead & Hunt 28829 Lockheed Drive Suite 2A Eugene, OR 97402 SH & E 9300 Lee Highway Fairfax, VA 22031 Seabury Aviation Planning 1919 Gallows Road, Suite 550 Vienna, VA 22182 Yes Yes Yes Yes Sixel Consulting Group 1180 West 15th Avenue Eugene, OR 97402 Yes Yes Yes Yes Boyd Group 78 Beaver Brook Canyon Road Evergreen, CO 80439 Sabre Airline Solutions 115 West Peachtree Place NW Atlanta, GA 30313 InterVISTAS Consulting 1615 L Street NW Washington, DC 20036 TranSystems 2400 Pershing Road, Suite 400 Kansas City, MO 64108 Jacobs Consultancy 555 Airport Boulevard Suite 300 Burlingame, CA 94010 No Bid Response Non-Compliant Failed to Properly Execute the Contractor Affidavit & Agreement Form, Statement of Non-Discrimination Form, Non-Collusion Affidavit of Bidder/Offeror Form, and LSB Subcontractor/Supplier Utilization Plan Non-Compliant Failed to submit the Contractor Affidavit & Agreement Form, Subcontractor Affidavit Form, Non-Collusion Affidavit of Bidder/Offeror, Non-Collusion Affidavit of Subcontractor Form, and LSB Forms RFQ Item #09-056 Air Service Consultant For the City of Augusta - Augusta Regional Airport RFQ Opening Date: Thursday, March 5, 2009 at 3:00 P.M. Non-Compliant Failed to Properly Execute the Contractor Affidavit & Agreement Form Attachment number 3 Page 1 of 1 Item # 5 Attachment number 4 Page 1 of 1 Item # 5 Attachment number 5 Page 1 of 1 Item # 5 Attachment number 6 Page 1 of 2 Item # 5 Attachment number 6 Page 2 of 2 Item # 5 Attachment number 7 Page 1 of 3 Item # 5 Attachment number 7 Page 2 of 3 Item # 5 Attachment number 7 Page 3 of 3 Item # 5 Commission Meeting Agenda 5/5/2009 2:00 PM Alcohol Application Department:License & Inspections Caption:New Application: A. N. 09 - 77: A request by Yong H. Lee for an on premise consumption Liquor license to be used in connection with Un Ha Su Restaurant & Karaoke located at 1855 Gordon Hwy. District 5. Super District 9. (No recommendation from Public Services Committee April 29, 2009) Background:The location already has a Beer & Wine license. Analysis:The applicant meets the requirements of the Augusta Richmond County Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $3025.00. 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 Item # 6 Attachment number 1 Page 1 of 2 Item # 6 Attachment number 1 Page 2 of 2 Item # 6 Commission Meeting Agenda 5/5/2009 2:00 PM Alcohol Application Department:License & Inspections Caption:Motionvto approve New Application: A. N. 09 - 78: request by Yang Rong for an on premise consumption Liquor, Beer & Wine license to be used in connection with Kobe Steak House, Inc. located at 2801 Washington Rd. There will be Sunday Sales. District 7. Super District 10. (Approved by Public Services Committee April 29, 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 $5,445.00. 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 Item # 7 Attachment number 1 Page 1 of 2 Item # 7 Attachment number 1 Page 2 of 2 Item # 7 Commission Meeting Agenda 5/5/2009 2:00 PM Defense Energy Support Center (DESC) Contract Department:Augusta Regional Airport Caption:Motion to approve the contract between Augusta Regional Airport and Defense Energy Support Center (DESC). This contract will begin April 1, 2009 and end March 31, 2013. (Approved by Public Services Committee April 29, 2009) Background:Augusta Regional Airport has been under contract with DESC for several years which allows us to supply fuel to military aircraft. All federal government owned and operated aircraft obtain discounted fuel when a DESC contract is in effect at the fueling location. This contract encourages military transit aircraft to stop at Augusta. The contract also establishes new In To plane fee and basis for weekly fuel cost increases. DESC fuel sales in 2008 were 248,584 gallons, 9% of jet sales. Both Avfuel contract and Defense Energy Support Center contract are linked to the same pricing standard, US Gulf Coast Platts Jet Kero 54 Average Analysis:Without this contract with DESC, military fuel sales will decrease significantly. Financial Impact:Military fuel sale net gross profit increases $0.1451 per gallon, 16.89%, effective April 1, 2009. Alternatives:Deny contract. Recommendation:Approve contract. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 8 Attachment number 1 Page 1 of 1 Item # 8 Commission Meeting Agenda 5/5/2009 2:00 PM Lease for Go Fish Georgia project Department:Recreation and Parks Caption:Motion to approve a lease of city property to Georgia Department of Natural Resources associated with the Go Fish Georgia Tournament Boat Ramp grant and project. (Approved by Public Services Committee April 29, 2009) Background:The state of Georgia approved Augusta as a Go Fish Georgia Tournament Boat Ramp site and awarded a $370,000 grant to construct the site at Robert Baurle Boat Ramp, just south of New Savannah Bluff Lock and Dam. The Augusta Commission accepted this grant on June 3rd, 2008 thru an intergovernmental agreement with Georgia. The lease of property was a requirement under this agreement. The lease of 5.30 acres at Baurle Boat Ramp to the state is required under the grant conditions for the state to expend it's grant funds for construction of the project. The term of the lease is for 25 years. Analysis:The project is under design and is expected to bid within 60 days. Financial Impact:Augusta has approved in kind match funding for the grant, including land value and grading. Alternatives:1. To deny, which would nullify our grant award for the project. 2. To approve Recommendation:#2 - to approve Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 9 When recorded, return to: GA DNR Real Estate Office 2 MLK, Jr. Drive, SE, Suite 1454 East Atlanta, Georgia 30334-9000 STATE OF GEORGIA COUNTY OF FULTON LEASE TO DEPARTMENT OF NATURAL RESOURCES FOR BOAT RAMP CONSTRUCTION THIS INDENTURE, entitled "Lease To Department of Natural Resources For Boat Ramp Construction", (hereinafter "Lease"), is made and entered into this ________ day of __________, 2009, by and between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia (hereinafter referred to as "LESSOR"), whose address is Room 801, 530 Greene Street, Augusta, Georgia 30911, Attention: Administrator, and the DEPARTMENT OF NATURAL RESOURCES (hereinafter referred to as "LESSEE" or “DEPARTMENT”), acting for the State of Georgia, whose address for the purpose of this Lease is Suite 1252, Floyd Towers East, 2 Martin Luther King, Jr. Drive, S. E., Atlanta, Georgia 30334-9000. W I T N E S S E T H: WHEREAS, there is a demonstrated interest and need for access to rivers, streams and impoundments within the State of Georgia for water related recreational purposes; and WHEREAS, in connection with providing access to the Savannah River via a boat launching ramp as well as providing an area for use by the general public, LESSEE desires to lease a portion of Attachment number 1 Page 1 of 8 Item # 9 LESSOR’S property to construct, operate and maintain the improvements described on Exhibit “C”; and WHEREAS, under O.C.G.A. §§ 12-3-5 (c) and (e), LESSEE is authorized to lease land for such purposes; and WHEREAS, this lease is subject to approval by the Board of the Department of Natural Resources, the State Properties Commission and Augusta, Georgia Board of Commissioners; and WHEREAS, LESSOR desires to cooperate with the DEPARTMENT in its efforts to provide recreational opportunities for the people of Georgia by granting to the DEPARTMENT a Lease on a parcel of LESSOR'S property for the above-stated purposes. NOW THEREFORE, in consideration of the sum of One Dollar ($1.00) and of the mutual benefits flowing between the parties hereto, whose receipt and sufficiency are hereby acknowledged, LESSOR and LESSEE covenant and agree as follows: 1. PREMISES LESSOR hereby grants, demises and leases to LESSOR the premises described on EXHIBIT "A" and shown on plat of survey marked EXHIBIT “B” (hereinafter referred to as the “premises”), which are attached hereto and incorporated herein by reference. 2. TERM The leasehold shall have a term commencing at 6:00 P.M. local prevailing time in Richmond County, Georgia, on the date first above written and expiring at 12:00 P.M. midnight, local prevailing time in Richmond County, Georgia, on the twenty-fifth (25th) anniversary date of the date first above written. 3. RENT LESSEE shall pay no rent or further consideration beyond the initial consideration, whose receipt and sufficiency are acknowledged by LESSOR. Attachment number 1 Page 2 of 8 Item # 9 4. COVENANT OF QUIET ENJOYMENT LESSOR promises and warrants that LESSEE may peaceably hold and enjoy the premises during the full term of the leasehold herein granted. The use of the premises by LESSEE shall not endanger health or create a nuisance, and LESSEE shall take all reasonable precautions to assure that construction, use, operation and maintenance of the premises and structure or facilities on the premises will be such that the scenic, recreational and environmental values of the project will be protected. LESSEE’s use of the waters adjoining the project shall be nonexclusive. 5. CARE OF THE PREMISES LESSEE accepts the premises in their present condition as suited for the use intended by LESSEE. LESSEE, only to the extent that it maintains similar facilities throughout the State of Georgia, shall maintain that portion of the premises identified on EXHIBIT “A” in good order and repair for the term of the leasehold herein granted. LESSOR shall not be required to make any repairs or improvements to premises, except as otherwise provided in the Intergovernmental Agreement entered into by and between the parties dated __________, 2008 and hereinafter referred to as the “IGA.” 6. IMPROVEMENTS LESSEE shall cause the improvements described in the IGA to be constructed on the premises. LESSEE, subject to LESSOR’S consent, or LESSOR, subject to the terms of the IGA, may further improve the premises with removable buildings, additional boat ramps and other structures and may construct roads and trails. Any improvements other than parking areas, boat ramps, roads and trails placed upon the premises by LESSEE shall be and remain personal property of LESSEE, and LESSEE may remove any of its improvements and other property from the premises anytime during the term of the leasehold and, if the leasehold shall be terminated prior to its natural expiration, for a reasonable time following such termination. LESSEE shall have reasonable access to the premises for the purpose of any such removal following early termination. Attachment number 1 Page 3 of 8 Item # 9 7. DEFAULT BY LESSEE Before LESSOR may assert any remedy for the alleged breach or default in any term of this Lease, LESSOR shall give LESSEE specific, written notice of the alleged default or breach. Upon such written notice of default, LESSEE shall have sixty (60) days within which to cure the alleged breach or default or to dispute LESSOR’s assertion of breach or default. 8. LESSOR'S AND LESSEE’S LIABILITY FOR LOSS Nothing in this lease is intended to diminish any protection afforded either the LESSOR or the LESSEE by the provision of the Georgia Recreational Properties Act (OCGA 51-3-20 through 51-3- 26). LESSEE’s liability in tort is further governed by the Georgia Tort Claims Act, OCGA Title 50, Chapter 21, Article 2, as now existing or hereafter amended or repealed. No subrogation against LESSEE shall be permitted by any insurance otherwise obtained by LESSOR. 9. TERMINATION BY LESSOR LESSOR may terminate this Lease upon the occurrence of the following: The LESSEE allowing use of the property to create a condition constituting a public nuisance or a hazard to the safety and health of the public. Should LESSOR believe that LESSEE has allowed the property to be used in such a way as to create a condition constituting a public nuisance or hazard to the safety and health of the public, LESSOR shall give notice to LESSEE of LESSOR’s determination, which notice shall contain the facts upon which LESSOR has relied in reaching its determination. LESSEE shall have sixty (60) days, or such reasonable additional time as the parties may agree upon, after the date of actual receipt of the notice in which to challenge LESSOR”S determination or to correct the condition of which it was apprised in LESSOR’s notice. 10. Attachment number 1 Page 4 of 8 Item # 9 ASSIGNMENT LESSEE may not assign any right, title or interest it has under this Lease without consent to LESSOR except to an officer or agency, department, instrumentality or public corporation of the State of Georgia for public purposes. 11. TIME OF ESSENCE Time is of the essence in this Lease. 12. TAXES LESSOR acknowledges that the execution of this Lease does not alter any tax exempt status upon LESSOR or LESSOR'S reversionary interest in the premises during the term of the leasehold. 13. NOTICES Any notice, statement, request, or authorization (hereinafter simply referred to as "notice") given, or required to be given, hereunder by either party to or from the other shall be in writing and shall be sent by United States Certified Mail, postage prepaid, marked "show to whom, date & address of delivery", to the party to be notified at such party's address as hereinabove set forth. The day upon which any such notice is so mailed shall be the date of service. Each party may from time to time, by notice to the other, designate a different address to which notices hereunder shall be sent. Any notice reasonably calculated to apprise the party so notified of the circumstances involved shall be deemed sufficient under this Lease. 14. CONTINUITY Each provision of this Agreement shall apply to, be binding upon, enforceable against and inure to the benefit or detriment of all the parties hereto and to their respective successors and assigns. Whenever a reference to a part hereto is made, such reference shall be deemed to include the successors and assigns of said party, the same as if in each case expressed. Attachment number 1 Page 5 of 8 Item # 9 15. NO WAIVER No failure of any party hereto to exercise any power given such party hereunder or to insist upon strict compliance by the other to their obligations hereunder, and no custom or practice of any of the parties hereto in variance with the provisions hereof, shall constitute a waiver of any party's right to demand exact compliance with provisions hereof. 16. CUMULATIVE, NOT RESTRICTIVE All rights, powers and privileges conferred in this Agreement upon all of the parties hereto shall be cumulative of, but not restrictive to, those given by law. 17. CAPTIONS The caption of each numbered provision hereof is for the purpose of identification and convenience only and shall be completely disregarded in construing this Agreement. 18. INTERPRETATION Should any provision of this Agreement require judicial interpretation, it is agreed that the Court interpreting or construing the same shall not apply a presumption that the provisions hereof shall be more strictly construed against one party by reason of the rule of construction that an instrument is to be construed more strictly against the party who herself, himself, or itself, or through her, his, or its agent, prepared the same, it being agreed that the agents and counsel of all parties hereto have participated in the preparation hereof. 19. Attachment number 1 Page 6 of 8 Item # 9 ENTIRE AGREEMENT This Agreement supersedes all prior discussions and agreements between the parties with respect to the matters provided for herein and constitutes the full, sole, complete and entire agreement among them with respect hereto. No agent, employee, officer or representative of or attorney for either party has authority to make, or has made, any statement, agreement, representation or contemporaneous agreement, oral or written, in connection herewith modifying, amending, adding to, or changing the provisions of this Lease. No modification, amendment or change of, to or in this Agreement shall be binding on either party unless such modification, amendment or change shall be in writing, executed by both parties and by reference incorporated in and made a part of this Lease. 20. LEASE EFFECTIVE This Agreement shall become effective as of the date first above written. IN WITNESS WHEREOF, all the parties hereto have caused this Agreement to be executed in their names as of the date hereof. Signed and sealed LESSOR: AUGUSTA, GEORGIA as to LESSOR in the presence of : __________________________ BY: _________________________________ Witness Name:________________________________ Title: Mayor Attest: _________________________________ Name_______________________ Title: Clerk of Commission __________________________ Notary Public, State of Georgia Date Notarized:______________ My Commission Expires: (NOTARY PUBLIC SEAL) Attachment number 1 Page 7 of 8 Item # 9 Signed and Sealed LESSEE: DEPARTMENT OF NATURAL as to LESSEE RESOURCES in the presence of: __________________________ By: _________________________________ Witness Noel Holcomb Commissioner ___________________________ Notary Public, State of Georgia My Commission Expires: (NOTARY PUBLIC SEAL) Attachment number 1 Page 8 of 8 Item # 9 Commission Meeting Agenda 5/5/2009 2:00 PM Photography contract Department:Recreation and Parks Caption:Motion to award RFQ bid item # 09-086A, Photography Services, to Future Stars Photography. (Approved by Public Services Committee April 29, 2009) Background:Recreation and Parks has provided team and individual photography services for all youth sports programs for over 30 years. The photography services are paid by the participant directly to the photography company. The photography company pays Augusta a lump sum fee to have rights for this service. Analysis:Four vendors submitted compliant proposals and were interviewed by a city panel. Future Stars was recommended as the best qualified vendor, and will pay a lump sum annual fee of $2,500.00 to Augusta. The contract period will be two years, with a one year option to renew. Financial Impact:$2,500.00 in annual revenue. Alternatives:1. To approve 2. To deny, leaving the department without photography services for youth sports. Recommendation:#1 - to approve. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 10 Attachment number 1 Page 1 of 1 Item # 10 PHOTOGRAPHY SERVICES 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 Photography Services 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 March 31st, 2011. The agreeing party has acknowledged and understands the following conditions of the Photography Services Agreement. PRODUCTS All items for resale are the responsibility of the vendor. The Augusta Recreation & Parks Department assumes no liability associated with the sale of photography products produced. 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. EMPLOYEES The Augusta Recreation & Parks Department requires that all photography services employees be professional, polite, courteous, and dressed appropriately at all times. The Augusta Recreation & Parks Department requires a minimum of two (2) employees at each location at all times. Attachment number 2 Page 1 of 3 Item # 10 REQUIREMENTS The following services are required to be delivered by the photography services provider: • All photography products offered to consumers must be produced in color. • Photographer must provide order forms to the recreation department for distribution to participants for each sport in advance of each scheduled picture day. • Photographer must provide one (1) photo plaque (8”x 8” plaque with 5”x 7” photo) for each sponsored team. The name plate must include the Augusta Recreation & Parks Department, the sponsor name, and the current year. Sponsor plaques must be delivered to the recreation department for distribution. • Photographer must provide a team photo certificate of appreciation for each head coach participating in the youth athletic programs. Team Picture Certificates must be delivered to recreation department for distribution. • All photographs must be paid for by the buyer on the scheduled picture day. Purchased photographs must be individually packaged and delivered to the buyer no later than fourteen (14) days after schedule picture day. Photographer must submit price of packages offered to participants and must include sales tax and cost of mailing if applicable. • Photographer must handle all customer service and complaint issues and schedule any retakes in a timely manner if product is substandard. • Photographer must provide sufficient personnel at each picture day location to handle questions, payments, and photography services. • Photographer must have Business License, State of Georgia Sales Tax Number, and Federal Tax Number. LEASE PAYMENTS The contracted photographer will be responsible for a fee total of Two-Thousand, Five Hundred Dollars ($2,500) each year of the Photography Services Agreement. All fees are to be made payable to the Augusta Recreation & Parks Department. The first payment of One- Thousand, Two-Hundred and Fifty Dollars ($1,250) will be due within thirty (30) days of the acceptance date of the contract. The remaining amount of One-Thousand, Two-Hundred and Fifty Dollars ($1,250) will be due prior to September 1st of the contract year. LEASE TERMS The term of the agreement for photography services 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 Recreation & Parks Department based upon evaluation of the photography services provided. Attachment number 2 Page 2 of 3 Item # 10 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. POINT OF CONTACT Chris Scheuer, Athletic Manager Bobby Martin, Athletic Supervisor Augusta Recreation & Parks Dept. Augusta Recreation & Parks Dept. (706) 796-5025 / (706) 564-7123 (706) 796-5025 Paula Daigle, Owner Future Stars Photography (404) 788-9799 / (404) 949-9030 ________________________________________ ____________________ Future Stars Photography Date ________________________________________ Business License # ________________________________________ ____________________ Augusta Recreation & Parks Department Date Attachment number 2 Page 3 of 3 Item # 10 Vendors: Original 5 Copies Future Stars Photography 3275 Lenox Road, Suite 309 Atlanta, GA 30324 Yes Yes ITAL Images Photography 4079 Iron Horse Drive Augusta, GA 30907 Yes Yes Robert Nelson Photography P. O. Box 2833 Augusta, GA 30914 Dream Day Photography 4330 Creekview Drive Hephzibah, GA 30815 Christian Studios 418 8th Street Augusta, GA 30901 Tullis Photography 1607 Wildwood Drive Augusta, GA 30909 David Young 2008 Colony Park Road Augusta, GA 30909 Jazzy Shots Photo 1139 Druid Park Augusta, GA 30904 Charles Jones Photographer 2846 Thomas Lane Augusta, GA 30906 Memories Images & Photos 2209 Walden Drive Augusta, GA 30904 Legends Photography 10220 E. Sprague Ave Spokane, WA 99206 Vision Photography 3736 Pinnacle Place Drive Hephzibah, GA 30815 Willie J. Rice Photography 339 Lowcountry Drive Ridgeland, SC 29936 Yes Yes Impressive Images 1726 Wrightsboro Road Suite 200 Augusta, GA 30904 Yes Yes RFQ Item #09-086A Photography Services For the City of Augusta - Augusta Recreation & Parks Department RFQ Opening Date: Wednesday, March 11, 2009 at 3:00 P.M. Attachment number 3 Page 1 of 1 Item # 10 Attachment number 4 Page 1 of 3 Item # 10 Attachment number 4 Page 2 of 3 Item # 10 Attachment number 4 Page 3 of 3 Item # 10 Attachment number 5 Page 1 of 2 Item # 10 Attachment number 5 Page 2 of 2 Item # 10 Recreation and Parks Tom F. Beck Chris Scheuer Director Athletic Manager Athletic Division 2027 Lumpkin Road, Augusta, Georgia (706) 796-5025 - Fax (706) 796-4099 WWW.AUGUSTAGA.GOV February 19, 2009 Geri A. Sams, Director Procurement Department City of Augusta 530 Greene Street * Suite 605 Augusta, GA 30901 Dear Ms. Sams, The Augusta Recreation & Parks Department would like to request the rebid of RFQ Item # 09-086 (Photography Services) due to the fact that there was only one (1) bidder that was in compliance. It would be extremely difficult for our department to make a confident decision concerning our photography services based on only one bid. We apologize for the inconvenience, but think it would be in our best interest to rebid the package. Thank you in advance for your cooperation. Sincerely, Chris M. Scheuer Athletic Manager Augusta Recreation & Parks Department (706) 796-5025 cc: Tom F. Beck, Recreation Department Director Phyllis Mills, Procurement Department Darrell White, Procurement Department Attachment number 6 Page 1 of 1 Item # 10 Attachment number 7 Page 1 of 1 Item # 10 Commission Meeting Agenda 5/5/2009 2:00 PM 09-114 Special Services Contract - Consolidated Mailing Services, LLC Department:Procurement Caption:Motion to approve 09-114 Special Services Contract with Consolidated Mailing Services, LLC. (Approved by Administrative Services Committee April 29, 2009) Background:The City of Augusta had an open ended contract with AccuData Solutions. The City was notified that Consolidated Mailing Services, LLC had recently purchased Accudata Solutions. Consolidated also owns National Mail Services of CSRA. Both Accudata Solutions and National Mail Services will be relocated to 1026 Fenwick St by the end of March 2009. Services to be provided by Consolidated Mailing Services, LLC will include but not limited (see proposed contract) to providing printing, rendering, inserting, mailing services as agreed to by the City. The services (collectively referred to as the “Services”), as selected by City, will be performed to the City’s specifications and within a reasonable time period, as agreed to with City. These services will be provided to ALL of the current user department to include but not limited to: License & Inspections, the Courts, Tax Assessor, Tax Commission and the Utilities Departments. Note: The Augusta’s Print Shop will print all billing envelopes for the various departments reducing the printing cost for envelopes at an estimate of 40 %. Analysis:March 26, 2009 –A meeting took place with all of the City’s current users. March 31, 2009 – The current users along with the Procurement Department met with Consolidated Mailing Services, LLC to discuss, new and added services along with a discussion of past performance and reporting methods. The Procurement Department searched for other local vendor who could provide the mail services as required by Augusta with the required certification from the United States Postal Services no other company was located within our immediate area. It was the consensus of all users and the Procurement Department to proceed with the process through a Special Services Contract with a local vendor addressing the City’s needs. The Process Followed: Sec. 1-10-46. Authority to contract for special services. As used in this section, special services are those professional services, such as those provided by physicians, architects, ministers, engineers, accountants and attorneys, which are normally obtained on a fee basis. In the procuring of professional services those departments which normally utilize such services may contract on their behalf for such service in accordance with this article provided that the following requirements are met: (a) The department must solicit the best possible contract with the person providing the professional service. (b) Negotiation with the person providing professional services shall include the department head and the Augusta- Richmond County Administrator. (c) The department shall obtain the approval of the Commission. (d) On those special services in Augusta- Cover Memo Item # 11 Richmond County, where another department head's expertise and recommendations can be of special use, the department procuring such service shall seek the advice of such department head. (e) The Commission shall have the authority to continue a contract for professional services from year to year when it is in the best interest of Augusta-Richmond County. (f) Depending on the type of the service that is involved, Augusta-Richmond County should look beyond price estimates or bids, to qualifications of the bidder. Cost of the work to be performed should not be given primary and dominant weighing in selecting the professional bidder. The technical factors and qualifications of the staff and firm should be also considered. Financial Impact:Funding for the services was approved within each user department’s budget for the services described in the attached proposed contract. Alternatives:1. Approve a contract with Consolidated Mailing Services pending the Law Department approval of the proposed special services contract. 2. Do not approve the request 3. Require the Procurement Department to use another method of securing a “Mail Services Contract” (Request for Proposals or Request for Qualifications). Recommendation:The User Departments' along with the Procurement Department's recommendation is to approve the contract to Consolidated Mailing Services pending the Law Department's approval of the attached contract. Funds are Available in the Following Accounts: Available within each User Department's 2009 Budget REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 11 Attachment number 1 Page 1 of 7 Item # 11 Attachment number 1 Page 2 of 7 Item # 11 Attachment number 1 Page 3 of 7 Item # 11 Attachment number 1 Page 4 of 7 Item # 11 Attachment number 1 Page 5 of 7 Item # 11 Attachment number 1 Page 6 of 7 Item # 11 Attachment number 1 Page 7 of 7 Item # 11 Attachment number 2 Page 1 of 3 Item # 11 Attachment number 2 Page 2 of 3 Item # 11 Attachment number 2 Page 3 of 3 Item # 11 Commission Meeting Agenda 5/5/2009 2:00 PM Crest at Edinburgh Tax Credit Application Department:Housing & Community Development Department Caption:Motion to approve a Resolution for Support of Vantage Development, LLC’s Application for Tax Credits to the State’s Department of Community Affairs for the Crest at Edinburgh Housing Project. (Approved by Administrative Services Committee April 29, 2009) Background:The Georgia Department of Community Affairs (DCA) has Low-Income Tax Credits available which are used to improve the living environment and housing throughout Georgia. Vantage Development, a development company, located in Fyffe, Alabama, plans to submit an application to DCA for Low-Income Tax Credit funds. The deadline for the application is May 21, 2009. The funds will be used to construct 40 Single Family Rental Homes. The proposed project will be located in South Augusta, south of Gordon Highway, north of Milledgeville Road, west of Sibley Road and east of Bayvale Road. The total development cost is approximately $7.5 million. A breakdown of the budget is listed below: SOURCES: Debt $568,693 Tax Credit Proceeds $6,875,260 Total Sources $7,443,953 USES: Land Acquisition $220,000 Construction $5,546,700 Soft Costs $ 1,543,713 Reserves $133,540 Total Uses $ 7,443,953 Vantage Development is seeking the City’s support of the project which is required for submission of the application to DCA. While the Housing and Community Development Department fully supports this development, Richmond’s County "project of priority" (for the 2009 tax credit funding cycle) is the Underwood Homes, that the Augusta Housing Authority and Walton Communities, LLC, has made two (2) applications (Phase I & II) to the Georgia Department of Community Affairs (DCA) for tax credit approval. Analysis:The 40 Single Family Homes will be a valuable resource of housing for the South Augusta area. If the tax credit application is approved, additional dollars will be forthcoming into the community which will have a tremendous impact on revitalization in Augusta. Financial Impact:The financial impact will be a total of $7,443,953 being invested in the South Augusta area. Alternatives:None recommended. Recommendation:Approve City’s Support of Vantage Development, LLC’s Low-Income Tax Credit Application to DCA for the Crest at Edinburgh by way of the resolution hereto attached. Cover Memo Item # 12 Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 12 Attachment number 1 Page 1 of 1 Item # 12 A RESOLUTION SUPPORTING VANTAGE DEVELOPMENT, LLC’s APPLICATION FOR TAX CREDITS FOR THE CREST AT EDINBURGH HOUSING PROJECT TO BE LOCATED IN SOUTH AUGUSTA. WHEREAS, the Georgia State Department of Community Affairs serves a vital role in its efforts in assisting with the development of housing in the State of Georgia by: • Improving the living environment for residents of Georgia; • Revitalizing areas and contributing to the improvement of neighborhoods; and • Building sustainable communities; and WHEREAS, the Department of Community Affairs has established certain regulations whereby low- income housing tax credit applications, to be competitive, must receive a Resolution of Support by the governing authority or the pertinent municipality or county; and WHEREAS, Vantage Development is preparing an application for Low-Income Tax Credits from the Georgia Department of Community Affairs seeking funds which will be used to acquire land and construct 40 Single Family Rental Homes, which will convert to tenant ownership after a 20-year period of affordability; and WHEREAS, this project is Phase II of the development of The Terrace at Edinburg Senior Housing Complex for which the Commission approved support of May 20, 2008; and WHEREAS, the Commissioners understands and supports Vantage Development’s efforts in the redevelopment of South Augusta, the City’s “project of priority” (for the 2009 tax credit funding cycle) is Underwood Homes, that the Augusta Housing Authority and Walton Communities, LLC has made two (2) applications (Phase I & II) to the Georgia Department of Community Affairs for tax credit approval; and NOW, THEREFORE BE IT RESOLVED: That the Augusta Commission, hereby adopts this Resolution of Support, on behalf of Vantage Development, LLC, for development of The Crest at Edinburgh to be located in South Augusta, effective the date set forth below. ATTEST: AUGUSTA, GEORGIA By: __________________________________________ David S. Copenhaver Mayor _________________________________ Lena J. Bonner Clerk of Commission CERTIFICATION I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy of a Resolution as adopted by said AUGUSTA-RICHMOND COUNTY COMMISSION in the meeting held on May 5, 2009. S E A L _____________________________________ Lena J. Bonner Clerk of Commission Attachment number 2 Page 1 of 1 Item # 12 Commission Meeting Agenda 5/5/2009 2:00 PM GMEBS DB Retirement Plan Amendment Department:Human Resources Caption:Motion to approve GMEBS DB Retirement Plan Amendment with immediate vesting for SES and extra 5 years of service credit for SES in case of RIF. (Approved by Administrative Services Committee April 29, 2009) Background:See attached amendment documents. Analysis:See attached amendment documents. Financial Impact:See attached amendment documents. Alternatives:Do not approve GMEBS DB Retirement Plan Amendment. Recommendation:Approve GMEBS DB Retirement Plan Amendment Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 13 The Burgess Building • 201 Pryor Street, SW • Atlanta, GA 30303-3606 • Tel 404.688.0472 • Toll Free 1.888.488.4462 • Fax 678.686.6289 • Website www.gmanet.com Mailing Address: PO Box 105377 • Atlanta, GA 30348 RISK MANAGEMENT AND EMPLOYEE BENEFIT SERVICES BOARD OF TRUSTEES Chairperson Keith Brady Mayor, Newnan Vice Chairperson Mickey Thompson Mayor, Douglasville Secretary-Treasurer Jim E. Higdon GMA Executive Director Trustees: John Bennett City Manager, Rome Phil Best Mayor, Dublin Kathy Brannon City Manager, Chamblee James V. Burgess, Jr. Mayor, Social Circle Ronnie Dixon Mayor, Vidalia Elizabeth M. English Councilmember, Vienna Myrtle Figueras Mayor, Gainesville Mark Harrell Mayor, Bainbridge Bill Lewis City Manager, Dahlonega Joe Morton City Manager, Fayetteville David Nunn City Manager, Madison James F. Palmer Mayor, Calhoun Kenneth E. Smith, Sr. Mayor, Kingsland March 25, 2009 VIA EMAIL & U.S. MAIL Mr. Roderick Powell Human Resources Director Augusta-Richmond County 530 Greene Street Augusta GA 30911-4406 Re: DB Retirement Plan Amendment; Immediate Vesting for SES; Extra 5 Years of Service Credit for SES in Case of RIF Dear Rod: Per your request, enclosed please find a draft revised defined benefit (DB) retirement plan Adoption Agreement (AA) and Addendum for Augusta-Richmond County. The revised AA and Addendum would amend the plan to make the changes described below. Please note, after speaking with Robby yesterday, it appears necessary to change the trigger date for application of these new provisions from January 1, 2008 to January 1, 2009 in order to reflect the City’s intent with regard to the “start date” for application of the reduction in force provision below (with Frank Thomas being the first and only SES participant so far to qualify for the extra 5 years of service credit). The enclosed drafts reflect this change. Immediate Vesting for Senior Executive Service (SES) DB Plan Participants - Page 27 of the revised draft AA and new subsection 7.42(a) on page 28 of the revised draft Addendum provide that participants in the GMEBS DB plan who hold senior executive service (SES) positions listed in Addendum subsection 7.42(c) on or after January 1, 2009 will be considered immediately vested in their accrued normal retirement benefit under the GMEBS DB plan. The immediate vesting rule will also apply to any portion of the SES participant’s accrued benefit under the GMEBS plan which is attributable to prior or future service that is creditable under the DB plan as a non-SES participant. Please note certain SES personnel may not participate in the GMEBS DB plan. Thus new subsection 7.42(a) also provides that if an individual holds a SES position but is not a participant in the GMEBS DB plan, the subsection will not apply. Extra 5 Years of Service Credit for SES Participants Terminated Due to RIF – Section 7.42(b) on pages 23-24 of the revised draft Addendum also provides that participants in the GMEBS DB plan who are involuntarily terminated from employment with Augusta-Richmond County due to a layoff or reduction in force on or after January 1, 2009 while holding a senior executive service (SES) position listed in subsection 7.42(c) will be treated as having an additional five (5) years of credited service for purposes of computing the amount of any retirement or pre-retirement death benefit payable. The extra 5 years will also count for purposes of meeting the minimum service requirements for normal retirement, alternative normal retirement, and early retirement eligibility (e.g., 62 & 25 alternative normal retirement benefit), and for purposes of meeting the minimum service requirements for pre-retirement death benefit eligibility under the plan. In order to qualify for the additional 5 years of credited service, the following requirements must also be satisfied: (1) The participant’s termination of employment must not be related to the participant’s conduct, as determined by the Augusta- Richmond County Human Resources Director; (2) the participant must not return to Augusta- Attachment number 1 Page 1 of 3 Item # 13 Mr. Roderick Powell March 25, 2009 Page 2 Richmond County for at least one (1) year following termination of employment; (3) the participant must execute any and all waivers and/or releases required by Augusta-Richmond County in connection with the layoff or reduction in force; and (4) the Human Resources Director must provide GMEBS with written certification of the participant’s eligibility for the additional credited service under subsection 7.42. If a person holding an SES position is not a participant in the GMEBS DB plan when they terminate employment, Addendum subsection 7.42 will not apply. List of Senior Executive Service (SES) Positions - Section 7.42(c) of the revised draft Addendum includes the following list of SES positions to which the above provisions will apply, if the person holding the SES position is a participant in the GMEBS DB plan. Please note, if the City wants the above provisions to apply to other positions that are not on this list, the plan will have to be amended to modify the list accordingly. POSITION DEPARTMENT Director Information Technology Director Board of Elections Director Recreation-Administration Director Human Relations Director Daniel Field Director Animal Control Director Water & Sewer Administration Director Facilities Maintenance – General Government Chief Appraiser Tax Assessor Director Transit Operations Director Public Works – Solid Waste Director Public Works – Highways and Streets Warden Richmond County Correctional Institution Director Human Resources Director Procurement Director Building Inspections Director Emergency Telephone Response Director Community Development Fire Chief Fire Department Director Emergency Management Agency Director Airport-Bush Field Deputy Administrator Administrator Administrator Administrator General Counsel Law Department Disadvantaged Business Enterprise Coordinator Disadvantaged Business Enterprise Equal Employment Opportunity Coordinator Equal Employment Opportunity Clerk of Commission Clerk of Commission . Attachment number 1 Page 2 of 3 Item # 13 Mr. Roderick Powell March 25, 2009 Page 3 If the enclosed draft amended Adoption Agreement and Addendum are acceptable as drafted, please have the designated representatives sign and date two (2) copies of the Adoption Agreement (on p. 33) and Addendum (on p. 25) where indicated and return both sets of executed originals to me. We will then have both sets of signed originals executed by GMEBS. We will keep one set of originals for our files, and we will return the other executed set of originals to you for you to put in your bound retirement plan notebook. If you or the city attorney have any questions or suggested revisions to the enclosed draft documents, please feel free to call me at 678-686-6236. Sincerely, Angela M. Nixon GMEBS Legal Counsel Encl. C: Ms. Chiquita Johnson, General Counsel, Augusta-Richmond County (w/ encl.) Mr. Robby Burns, Human Resources Manager, Augusta-Richmond County (w/ encl.) Ms. Linda Gady, Manager, Employee Benefit Services (w/o encl.) Ms. Judy Kelley, Manager, Accounting Services (w/o encl.) Mr. Randy Logan, Employee Benefits Counselor (w/o encl.) Ms. Nancy Germano, Ice Miller (w/ encl.) Mr. Rocky Joyner, Segal Company (w/ encl.) Attachment number 1 Page 3 of 3 Item # 13 GMEBS - Defined Benefit Plan Adoption Agreement (Amended April, 2009) GEORGIA MUNICIPAL EMPLOYEES BENEFIT SYSTEM DEFINED BENEFIT PLAN ADOPTION AGREEMENT for Augusta, Georgia Item # 13 - i - TABLE OF CONTENTS PAGE AN ORDINANCE.......................................................................................................................... 1 ADMINISTRATOR ....................................................................................................................... 2 ADOPTING EMPLOYER.............................................................................................................. 2 GOVERNING AUTHORITY ........................................................................................................ 2 PLAN REPRESENTATIVE........................................................................................................... 2 PENSION COMMITTEE...............................................................................................................3 CLASSES OF ELIGIBLE EMPLOYEES...................................................................................... 5 TYPE OF ADOPTION................................................................................................................... 3 EFFECTIVE DATE........................................................................................................................ 4 PLAN YEAR.................................................................................................................................. 5 ELIGIBILITY CONDITIONS........................................................................................................ 8 HOURS PER WEEK (REGULAR EMPLOYEES)................................................................... 8 MONTHS PER YEAR (REGULAR EMPLOYEES)................................................................ 9 WAITING PERIOD........................................................................................................................ 9 CREDITED SERVICE................................................................................................................. 11 CREDITED PAST SERVICE.................................................................................................. 11 PRIOR MILITARY SERVICE................................................................................................. 12 PRIOR GOVERNMENTAL SERVICE................................................................................... 14 UNUSED SICK/VACATION/PERSONAL LEAVE.............................................................. 15 RETIREMENT ELIGIBILITY..................................................................................................... 17 EARLY RETIREMENT QUALIFICATIONS......................................................................... 17 NORMAL RETIREMENT QUALIFICATIONS..................................................................... 18 ALTERNATIVE NORMAL RETIREMENT QUALIFICATIONS........................................ 18 DISABILITY BENEFIT QUALIFICATIONS........................................................................ 20 RETIREMENT BENEFIT COMPUTATION.............................................................................. 21 MAXIMUM TOTAL CREDITED SERVICE......................................................................... 21 MONTHLY NORMAL RETIREMENT BENEFIT AMOUNT.............................................. 21 MONTHLY EARLY RETIREMENT BENEFIT AMOUNT.................................................. 23 Item # 13 - ii – MONTHLY LATE RETIREMENT BENEFIT AMOUNT..................................................... 24 MONTHLY DISABILITY BENEFIT AMOUNT................................................................... 24 BENEFIT CAP FOR ELECTED OFFICIALS ........................................................................ 25 DISTRIBUTIONS FOR THOSE WHO REMAIN IN SERVICE AFTER NORMAL RETIREMENT......................................................................................................................... 25 COST OF LIVING ADJUSTMENT........................................................................................ 26 RE-EMPLOYMENT AFTER RETIREMENT........................................................................ 26 TERMINATION OF EMPLOYMENT BEFORE RETIREMENT; VESTING.......................... 27 PRE-RETIREMENT DEATH BENEFITS.................................................................................. 29 IN-SERVICE DEATH BENEFIT............................................................................................ 29 TERMINATED VESTED DEATH BENEFIT........................................................................ 30 EMPLOYEE CONTRIBUTIONS................................................................................................ 31 EMPLOYER ADOPTION............................................................................................................ 32 Item # 13 GMEBS - Defined Benefit Plan Adoption Agreement (Amended April, 2009) AN ORDINANCE An Ordinance to amend the GMEBS Defined Benefit Retirement Plan for certain Employees of Augusta-Richmond County, Georgia (hereinafter “Augusta”), in accordance with and subject to the terms and conditions set forth in the attached amended Adoption Agreement and Addendum, the Georgia Municipal Employees Benefit System (GMEBS) Master Plan Document, and the GMEBS Trust Agreement, including any amendments thereto. When accepted by the authorized officers of the Augusta-Richmond County Commission and GMEBS, the foregoing shall constitute a Contract between the Commission and GMEBS, all as authorized and provided by O.C.G.A. § 47-5-1 et seq. BE IT ORDAINED by the Augusta-Richmond County Commission, and it is hereby ordained by the authority of the same as follows: Section 1. The March 1, 1987 GMEBS Defined Benefit Retirement Plan for certain Employees of Augusta, Georgia (Ordinance No. 5399; as amended by Ga. L 1988, p. 5415; Ordinance No. 5561, effective April 2, 1990; and Ordinance No. 5865) and the January 1, 1977 Defined Benefit Retirement Plan and Trust for certain Employees of Augusta (Ordinance No. 6655; as amended by Ordinance No. 6983 adopted June 19, 2007) (hereinafter referred to as “1977 Defined Benefit Retirement Plan” or “1977 DB Plan” or “1977 Plan”) were previously amended and restated as set forth in and subject to the terms and conditions stated in the Adoption Agreement and the Addendum to the Adoption Agreement which became effective January 1, 2008. The January 1, 2008 Adoption Agreement and Addendum to the Adoption Agreement are hereby amended as set forth in and subject to the terms and conditions stated in the following Adoption Agreement and Addendum, the Georgia Municipal Employees Benefit System (GMEBS) Master Plan Document, and the GMEBS Trust Agreement, including any amendments thereto. [Ordinance continued on page 33] Item # 13 GMEBS - Defined Benefit Plan Adoption Agreement (Amended April, 2009) - 2 - GMEBS DEFINED BENEFIT PLAN ADOPTION AGREEMENT ADMINISTRATOR Georgia Municipal Employees Benefit System 201 Pryor Street, SW Atlanta, Georgia 30303 Telephone: 404-688-0472 Facsimile: 404-577-6663 ADOPTING EMPLOYER Name: Augusta, Georgia GOVERNING AUTHORITY Name: Augusta-Richmond County Commission Address: 530 Greene St., Augusta, GA 30911-4406 Phone: (706) 821-1820 Facsimile: (706) 821-1838 PLAN REPRESENTATIVE [To represent Governing Authority in all communications with GMEBS and Employees] (See Article II, Section 44 of Master Plan) Name: Augusta-Richmond County Administrator Address: 530 Greene St., Augusta, GA 30911-4406 Phone: (706) 821-2400 Facsimile: (706) 821-2819 E-mail: Item # 13 GMEBS - Defined Benefit Plan Adoption Agreement (Amended April, 2009) - 3 - PENSION COMMITTEE [Please designate members by position. If not, members of Pension Committee shall be determined in accordance with Article XIV of Master Plan] The “Pension Committee” when referred to in this Plan shall be the members of the Pension and Audit Committee of the Augusta-Richmond County Commission as currently constituted to include the following office-holders: Mayor, Mayor Pro Tem, Administrator, Finance Director and the Finance Committee Chair. Pension Committee Secretary: Clerk of the Augusta-Richmond County Commission Address: 530 Greene St., Augusta, GA 30911-4406 Phone: (706) 821-1820 Facsimile: (706) 821-1838 TYPE OF ADOPTION This Adoption Agreement is for the following purpose (check one): This is a new defined benefit plan adopted by the Adopting Employer for its Employees. This plan does not replace or restate an existing defined benefit plan. This is an amendment and restatement of the current GMEBS defined benefit plan or other defined benefit plan of the Adopting Employer. This is an amendment of the Adoption Agreement previously adopted by the Employer (please specify type below): This is an amendment to change one or more of the Adopting Employer's benefit design elections in the Adoption Agreement. This is an amendment to add a new Department or a new class of Eligible Employees (If this box is checked, special addendum must be requested from GMEBS to be completed as part of amendment). This is an amendment to discontinue participation in the Plan by one or more Departments or classes of Employees (If this box is checked, special addendum must be requested from GMEBS to be completed as part of amendment). Other (please specify): This is an amendment to provide that: 1) Participants in this Plan who hold a senior executive service (SES) position listed in Addendum Section 7.42(c) on or after January 1, 2009 will be considered immediately vested in their accrued normal retirement benefit (see AA p. 28, Addendum Section 7.42); and 2) subject to the preconditions specified in Addendum Section 7.42(b), if a Participant in this Plan is involuntarily terminated from employment with Augusta-Richmond County due to a Item # 13 GMEBS - Defined Benefit Plan Adoption Agreement (Amended April, 2009) - 4 - reduction in force after January 1, 2009 while holding a senior executive service (SES) position listed in Addendum Section 7.42(c), the Participant will be treated as having an additional five (5) years of Credited Service for purposes of computing the amount of any retirement or pre-retirement death benefit payable to or on behalf of the Participant under this Plan, and for purposes of meeting the minimum service requirements for retirement and pre-retirement death benefit eligibility. EFFECTIVE DATE (1) Complete this item (1) only if this is a new defined benefit plan which does not replace or restate an existing defined benefit plan. The effective date of this Plan is ________________. (insert effective date of this Adoption Agreement not earlier than January 1, 1997). (2) Complete this item (2) only if this is an amendment and complete restatement of the Adopting Employer's existing GMEBS defined benefit plan. Except as otherwise specifically provided in the Master Document or in this Adoption Agreement or the Addendum, the effective date of this restatement shall be ____________ (insert effective date of this Adoption Agreement not earlier than January 1, 1997). The employee election provisions of the Addendum and the provisions concerning certain Employees initially employed or reemployed after October 1, 2007 shall be effective October 1, 2007. This Plan is adopted as an amendment and restatement of the Employer's preexisting GMEBS plan, which became effective on _____________ (insert original effective date of preexisting GMEBS plan) and which was last restated effective _______________. (3) Complete this item (3) only if this Plan is being adopted to replace a non-GMEBS defined benefit plan. Except as otherwise specifically provided in the Master Document or in this Adoption Agreement or the Addendum, the effective date of this restatement shall be ___________ (insert effective date of this Adoption Agreement not earlier than January 1, 1997). (4) Complete this item (4) only if this is an amendment of the Adoption Agreement previously adopted by the Employer. The effective date of this amendment shall be upon adoption by the Augusta-Richmond County Commission (see p. 32). Item # 13 GMEBS - Defined Benefit Plan Adoption Agreement (Amended April, 2009) - 5 - PLAN YEAR Plan Year means (check one): Calendar Year Employer Fiscal Year commencing ______________________. Other (must specify): January 1 – December 31. CLASSES OF ELIGIBLE EMPLOYEES Only Employees of the Adopting Employer who meet the Master Plan's definition of "Employee" may be covered under the Adoption Agreement. Independent contractors, leased employees, and nonresident aliens may not participate in the Plan. Eligible Regular Employees Regular Employees include Employees, other than elected or appointed members of the Governing Authority or Municipal Legal Officers, who are regularly employed in the services of the Adopting Employer. Subject to the other conditions of the Master Plan and the Adoption Agreement, the following Regular Employees are eligible to participate in the Plan (check one): ALL - All Regular Employees, provided they satisfy the minimum hour and other requirements specified under "Eligibility Conditions" below. ALL REGULAR EMPLOYEES EXCEPT for the following employees (must specify): any Employee who is not included in an Eligible Class specified below; any Employee who participates in any other City of Augusta or Richmond County retirement plan; any person who is not a “Regular Employee” as defined in the Augusta-Richmond County Personnel Policies and Procedures. See Addendum Section 7.37 on treatment of employees of the Augusta-Richmond County Tax Commissioner’s office. ELIGIBLE CLASSES OF EMPLOYEES The following description of classes of Eligible Employees shall control in administering the Plan. The Class to which a person belongs will be determined based upon the records of the Employer as reported to GMEBS. Employees shall qualify for paticipation by meeting the eligibility requirements specified under “Eligibility Conditions” on p. 8 of the Adoption Agreement (said requirements shall not apply to elected or appointed members of the Governing Authority): Item # 13 GMEBS - Defined Benefit Plan Adoption Agreement (Amended April, 2009) - 6 - Class 1 (Class 1 Public Safety Personnel under former GMEBS Plan who Elect New Plan): This class includes: 1) Public Safety Personnel who were employed on the original effective date of the GMEBS Plan (March 1, 1987) and who are not participants in any other Employer-sponsored retirement plan and 2) Public Safety Personnel who were hired after March 1, 1987 and before December 17, 1996, who elect in accordance with the procedures specified in Sections 7.11-7.15 of the Addendum to this Adoption Agreement (affirmatively or by default) to be bound by the terms of the restated GMEBS Plan that apply to Class 1 Employees effective January 1, 2008. For purposes of this Adoption Agreement, the term “Public Safety Personnel” shall mean a police officer who is a Full-Time Employee and is certified under the Georgia Peace Officer Standards and Training Act, or a fire-fighter who is a Full-Time Employee and is certified under the Georgia Fire Fighter Standards and Training Act. The term “Full-Time Employee” shall mean an Employee who meets the minimum “hours per week” and “months per year” requirements specified under “Eligibility Conditions” below. Class 2 (Class 1 Public Safety Personnel under former GMEBS Plan Who Do Not Elect New Plan): This class includes: 1) Public Safety Personnel who were employed on the original effective date of the GMEBS Plan (March 1, 1987) and who are not participants in any other Employer-sponsored retirement plan and 2) Public Safety Personnel who were hired after March 1, 1987 and before December 17, 1996, who elect in accordance with procedures specified in Sections 7.11-7.15 of the Addendum to this Adoption Agreement not to be bound by the terms of the restated GMEBS Plan that apply to Class 1 Employees effective January 1, 2008. Class 3 (Class 2 Non-Public Safety Personnel under former GMEBS Plan Who Elect New Plan): This class includes: Employees, other than Public Safety Personnel, who were employed on the effective date of the GMEBS Plan (March 1, 1987) who are not participants in any other Employer-sponsored retirement plan, and Employees, other than Public Safety Personnel, who were hired after March 1, 1987 and before December 17, 1996, who elect in accordance with procedures specified in Sections 7.11-7.15 of the Addendum to this Adoption Agreement (affirmatively or by default) to be bound by the terms of the restated GMEBS Plan that apply to Class 3 Employees effective January 1, 2008. Class 4 (Class 2 Non-Public Safety Personnel under former GMEBS Plan Who Do Not Elect New Plan): This class includes: Employees, other than Public Safety Personnel, who were employed on the effective date of the GMEBS Plan (March 1, 1987) who are not participants in any other Employer-sponsored retirement plan, and Employees, other than Public Safety Personnel, who were hired after March 1, 1987 and before December 17, 1996, who elect in accordance with procedures specified in Sections 7.11-7.15 of the Addendum to this Adoption Agreement not to be bound by the terms of the restated GMEBS Plan that apply to Class 3 Employees effective January 1, 2008. Item # 13 GMEBS - Defined Benefit Plan Adoption Agreement (Amended April, 2009) - 7 - Class 5 (Participants under former 1977 DB Retirement Plan Who Elect New Plan): This class includes Employees who are participants under the 1977 DB Retirement Plan immediately prior to January 1, 2008 and who elect in accordance with procedures specified in Sections 7.11-7.15 of the Addendum to this Adoption Agreement (affirmatively or by default) to be bound by the terms of the restated GMEBS Plan that apply to Class 5 Employees effective January 1, 2008. Class 6 (Participants under former 1977 DB Retirement Plan Who Do Not Elect New Plan): This class includes Employees who are participants under the 1977 DB Retirement Plan immediately prior to January 1, 2008 and who elect in accordance with procedures specified in Sections 7.11-7.15 of the Addendum to this Adoption Agreement not to be bound by the terms of the restated GMEBS Plan that apply to Class 5 Employees effective January 1, 2008. Class 7 (Participants under former 1998 DC Plan Who Elect New Plan) This class includes: Employees who are participants under the City of Augusta-Richmond County 1998 Defined Contribution Retirement Plan immediately prior to January 1, 2008 (including elected or appointed members of the Governing Authority who participate under the 1998 DC Plan) who elect in accordance with procedures specified in Sections 7.11-7.15 of the Addendum to this Adoption Agreement (affirmatively or by default) to transfer their defined contribution plan account balance to GMEBS and to participate under the terms of the restated GMEBS Plan that apply to Class 7 Employees effective January 1, 2008. Class 8 (Employees Who Do Not Participate in Any Plan): This class includes Employees who are actively employed as of October 1, 2007 and who as of said date are not participating in any defined benefit retirement plan or defined contribution plan or other retirement plan which is funded in whole or part by Augusta-Richmond County (as reflected in the records of Augusta and as reported to GMEBS). Class 9 (Employees Hired or Re-hired after October 1, 2007): This class includes Eligible Regular Employees who are hired or re-hired by Augusta-Richmond County after October 1, 2007, and elected or appointed members of the Governing Authority who take office or return to office after October 1, 2007 (subject to any applicable election requirements or other limitations on participation by members of the Governing Authority or other special classes referred to on pp. 9-10). Elected or Appointed Members of the Governing Authority An Adopting Employer may elect to permit participation in the Plan by elected or appointed members of the Governing Authority and/or Municipal Legal Officers, provided they otherwise meet the Master Plan's definition of "Employee" and provided they satisfy any other requirements specified by the Adopting Employer. Municipal Legal Officers to be covered must be specifically identified by position. Subject to the above conditions, the Employer hereby elects the following treatment for elected and appointed officials: Item # 13 GMEBS - Defined Benefit Plan Adoption Agreement (Amended April, 2009) - 8 - Elected or Appointed Members of the Governing Authority (check one): ARE NOT eligible to participate in the Plan. ARE eligible to participate in the Plan. Please specify any limitations on eligibility to participate here (e.g., service on or after certain date): With respect to elected or appointed members of the Governing Authority who hold office as of October 1, 2007, they will participate in this Plan only if they have elected (affirmatively or by default) to participate in this Plan in accordance with and subject to the election provisions of the Addendum to this Adoption Agreement (see Addendum Section 7.36 concerning effect of later termination and return to Service). Elected or appointed members of the Governing Authority who initially take office after October 1, 2007 will participate in this Plan, provided they affirmatively elect (or elect by default) to participate in this Plan, in accordance with and subject to the 30-day time limit and other election requirements specified on p. 9 of the Adoption Agreement (See Addendum Section 7.36 concerning effect of later termination and return to Service). If a former elected or appointed member of the Governing Authority who is not in office as of October 1, 2007 returns to Service as an elected or appointed member of the Governing Authority after said date, he will participate in this Plan, provided he affirmatively elects (or elects by default) to participate in this Plan, in accordance with and subject to the 30-day time limit and other election requirements specified on p. 9 of the Adoption Agreement (See also Addendum Section 7.36). Municipal Legal Officers (check one): ARE NOT eligible to participate in the Plan (except for Augusta-Richmond County Law Department General Counsel and Law Department staff attorneys who meet the applicable eligibility conditions and election requirements- see below). ARE eligible to participate in the Plan. The term "Municipal Legal Officer" shall include only the following positions (must specify): Please specify any limitations on eligibility to participate here (e.g., service on or after certain date): ________________________________________________________________________ ELIGIBILITY CONDITIONS HOURS PER WEEK (REGULAR EMPLOYEES) The Adopting Employer may specify a minimum number of hours per week which are required to be scheduled and worked by Regular Employees in order for them to become and remain "Eligible Regular Employees" under the Plan. It is the responsibility of the Adopting Employer to determine whether these requirements are and continue to be satisfied. The Employer hereby elects the following minimum hour requirement for Regular Employees: Item # 13 GMEBS - Defined Benefit Plan Adoption Agreement (Amended April, 2009) - 9 - No minimum 20 hours/week (regularly scheduled) 30 hours/week (regularly scheduled) Other: ____________________________________________________________ Exceptions: If a different minimum hour requirement applies to a particular class or classes of Regular Employees, please specify below the classes to whom the different requirement applies and indicate the minimum hour requirement applicable to them. Class(es) of Regular Employees to whom exception applies (must specify): ________________ Minimum hour requirement applicable to excepted Regular Employees: No minimum 20 hours/week (regularly scheduled) 30 hours/week (regularly scheduled) Other: _________________ (must not exceed 40 hours/week regularly scheduled) MONTHS PER YEAR (REGULAR EMPLOYEES) The Adopting Employer may specify a minimum number of months per year which are required to be scheduled and worked by Regular Employees in order for them to become and remain "Eligible Employees" under the Plan. It is the responsibility of the Adopting Employer to determine whether these requirements are and continue to be satisfied. The Employer hereby elects the following minimum requirement for Regular Employees: No minimum At least 5 months per year (regularly scheduled) (any Employee classified as a temporary or seasonal employee is not eligible to participate). WAITING PERIOD Regular Employees Unless otherwise specified by the Adopting Employer in an addendum to this Adoption Agreement, Regular Employees shall be required to complete one (1) year of continuous, uninterrupted Service with the Adopting Employer before they qualify for participation in the Plan. The determination as to whether the waiting period has been satisfied shall be made in accordance with provisions of the Master Plan. [30-day waiting period - See Addendum Section 7.17] Item # 13 GMEBS - Defined Benefit Plan Adoption Agreement (Amended April, 2009) - 10 - ESTABLISHING PARTICIPATION IN THE PLAN Participation in the Plan is considered mandatory for all Eligible Employees who satisfy the eligibility conditions specified in the Adoption Agreement. However, the Employer may specify below that participation is optional for certain classes of Eligible Employees, including elected or appointed members of the Governing Authority, the Administrator, Assistant Administrators, Department Directors, Assistant Department Directors, and/or Augusta-Richmond County Law Department General Counsel and Law Department staff attorneys. If participation is optional for an Eligible Employee, then he must make an election to participate in either this Plan or the Georgia Municipal Association (GMA) Defined Contribution Plan, on a form provided by the Employer for such purpose and in accordance with procedures specified by Employer, within 30 days after employment or taking office. The election is irrevocable, and the failure to make the election within the 30-day time limit shall be deemed an irrevocable election to participate in this Plan rather than the GMA Defined Contribution Plan. Classes for whom participation is optional: Elected or Appointed Members of Governing Authority - Any Employee who initially takes office (no prior service with Augusta-Richmond County) as an elected or appointed member of the Governing Authority (member of the Board of Commissioners of Augusta-Richmond County) after October 1, 2007 or who returns to said office after October 1, 2007. However, those employed or in office as of October 1, 2007 will be bound by their plan election made in accordance with and subject to Addendum Sections 7.11-7.15 (See Addendum Sec. 7.36 concerning effect of later return to service). Law Department Staff Attorneys - Any Employee who is initially employed (no prior service with Augusta-Richmond County) as an Augusta-Richmond County Law Department General Counsel or Law Department staff attorney or who is reemployed in said position after October 1, 2007. However, those employed as of October 1, 2007 will be bound by their plan election made in accordance with and subject to Addendum Sections 7.11-7.15 (See Addendum Sec. 7.36 concerning effect of later return to service). Administrator, Assistant Administrators - Any Employee who is initially employed (no prior service with Augusta-Richmond County) as an Augusta Administrator or Assistant Administrator, or who is reemployed in said position after October 1, 2007. However, those employed as of October 1, 2007 will be bound by their plan election made in accordance with and subject to Addendum Sections 7.11-7.15 (See Addendum Sec. 7.36 concerning effect of later return to service). Department Directors, Assistant Dept. Directors - Any Employee who is initially employed (no prior service with Augusta-Richmond County) as a Department Director or Assistant Department Director, or who is reemployed in said position after October 1, 2007. However, those employed as of October 1, 2007 will be bound by their plan election made in accordance with and subject to Addendum Sections 7.11-7.15 (See Addendum Sec. 7.36 concerning effect of later return to service). Item # 13 GMEBS - Defined Benefit Plan Adoption Agreement (Amended April, 2009) - 11 - Other (must specify): Notwithstanding the above provisions allowing for optional participation, participaton in this Plan will be mandatory for any person who is a member of Class 8 (see pp. 5-7 for description of classes). Note: See Addendum Section 7.36 concerning treatment of classes for whom participation is optional and mandatory participation in GMEBS DB Plan in the event of later termination and return to Service. CREDITED SERVICE In addition to Current Credited Service the Adopting Employer may include as Credited Service the following types of service: CREDITED PAST SERVICE Credited Past Service means the number of years and complete months of Service with the Adopting Employer prior to the date an Eligible Employee becomes a Participant which are treated as credited service under the Plan. Eligible Employees Employed on Effective Date of GMEBS Plan. With respect to Eligible Employees who are employed by the Adopting Employer on the original Effective Date of the Employer's GMEBS Plan (March 1, 1987), Service with the Adopting Employer prior to the date the Eligible Employee becomes a Participant (including any Service prior to the Effective Date of the Plan) shall be treated as follows (check one): [See Addendum Section 7.25 concerning treatment of Service prior to original effective date of GMEBS Plan for those who are Participants in GMEBS Plan immediately prior to January 1, 2008; see Addendum concerning treatment of Service prior to January 1, 2008 for other Participants.] All Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service). All Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service), except for Service rendered prior to _____________________________. All Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service), except for (must specify other limitation): __________________________. Previously Employed, Returning to Service after Effective Date. If an Eligible Employee is not employed on the original Effective Date of the Employer's GMEBS Plan, but he returns to Service with the Adopting Employer sometime after the Effective Date, his Service prior to the Item # 13 GMEBS - Defined Benefit Plan Adoption Agreement (Amended April, 2009) - 12 - date he becomes a Participant (including any Service prior the Effective Date) shall be treated as follows (check one): [See Addendum Section 7.25 concerning treatment of Service prior to original effective date of GMEBS Plan for those who are Participants in GMEBS Plan immediately prior to January 1, 2008; see Addendum concerning treatment of Service prior to January 1, 2008 for other Participants.] All Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service), subject to any limitations imposed above with respect to Eligible Employees employed on the Effective Date. All Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service), provided that after his return to employment, the Eligible Employee performs Service equal to the period of the break in Service or one (1) year, whichever is less. Any limitations imposed above with respect to Eligible Employees employed on the Effective Date shall also apply. Other limitation(s) (must specify): _____________________________________ Eligible Employees Initially Employed After Effective Date. If an Eligible Employee's initial employment date is after the original Effective Date of the Employer's GMEBS Plan, his Credited Past Service shall include only the number of years and complete months of Service from his initial employment date to the date he becomes a Participant in the Plan. Newly Eligible Classes of Employees. If a previously ineligible class of Employees becomes eligible to participate in the Plan, the Employer must specify in an addendum to this Adoption Agreement whether and to what extent said Employees' prior service with the Employer shall be treated as Credited Past Service under the Plan. PRIOR MILITARY SERVICE Note: This section does not concern military service required to be credited under USERRA – See Article III, Section 2 of the Master Plan for rules on the crediting of USERRA Military Service. The Adopting Employer may elect to treat military service rendered prior to a Participant's initial employment date or reemployment date as Credited Service under the Plan. Unless otherwise specified by the Employer under "Other Conditions" below, the term "Military Service" shall be as defined in the Master Plan. Except as otherwise required by federal or state law or under “Other Conditions” below, Military Service shall not include service which is credited under any other local, state, or federal retirement or pension plan. Military Service credited under this section shall not include any service which is otherwise required to be credited under the Plan by federal or state law. Prior Military Service shall be treated as follows (check one): Item # 13 GMEBS - Defined Benefit Plan Adoption Agreement (Amended April, 2009) - 13 - Prior Military Service is not creditable under the Plan (if checked, skip to next section – Prior Governmental Service). Prior Military Service shall be counted as Credited Service for the following purposes (check one or more as applicable): Computing amount of benefits payable . Meeting minimum service requirements for vesting. Meeting minimum service requirements for benefit eligibility. Maximum Credit for Prior Military Service. Credit for Prior Military Service shall be limited to a maximum of _____ years (insert number). Rate of Accrual for Prior Military Service. Credit for Prior Military Service shall accrue at the following rate (check one): One month of military service credit for every _______ month(s) (insert number) of Credited Service with the Adopting Employer. One year of military service credit for every _____ year(s) (insert number) of Credited Service with the Adopting Employer. All military service shall be creditable (subject to any caps imposed above) after the Participant has completed _______ years (insert number) of Credited Service with the Employer. Other requirement (must specify): _____________________________________ Payment for Prior Military Service Credit(check one): Participants shall not be required to pay for military service credit. Participants shall be required to pay for military service credit as follows: The Participant must pay ____% of the actuarial cost of the service credit (as defined below). The Participant must pay an amount equal to (must specify): __________ Other Conditions for Award of Prior Military Service Credit (must specify): Item # 13 GMEBS - Defined Benefit Plan Adoption Agreement (Amended April, 2009) - 14 - Limitations on Service Credit Purchases. For purposes of this section and the following section concerning prior governmental service credit, the term "actuarial cost of the service credit" means the present value of the Accrued Benefit relating to such additional service credit determined as of the payment date and calculated based upon the assumptions specified in Article XII, Section 7 of the Master Plan. In the case of a service credit purchase, the Participant shall be required to comply with any rules and regulations established by the GMEBS Board of Trustees concerning said purchases. The Employer may elect to allow Employees to make the purchase through payroll deduction and the Employer may pick-up the amount to be contributed by the Employee in accordance with Internal Revenue Code Section 414(h) and the Plan, subject to any conditions contained in GMEBS' rules and regulations concerning service credit purchases. PRIOR GOVERNMENTAL SERVICE Note: Prior service with other GMEBS employers shall be credited as provided under the Master Plan, this Adoption Agreement, and the Addendum. This Section concerns credit for service with governmental employers other than Augusta-Richmond County. The Adopting Employer may elect to treat governmental service rendered prior to a Participant's initial employment date or reemployment date as creditable service under the Plan. Subject to any limitations imposed by law, the term "prior governmental service" shall be as defined by the Adopting Employer below. The Employer elects to treat prior governmental service as follows (check one): Prior governmental service is not creditable under the Plan (if checked, skip to next section – Unused Sick/Vacation/Personal Leave). Prior governmental service shall be counted as Credited Service for the following purposes under the Plan (check one or more as applicable): Computing amount of benefits payable. Meeting minimum service requirements for vesting. Meeting minimum service requirements for benefit eligibility. Definition of Prior Governmental Service. Prior governmental service shall be defined as follows: (must specify): ______________________________________________________________________________ ______________________________________________________________________________ Unless otherwise specified above, prior governmental service shall include only full-time service (minimum hour requirement same as that applicable to Eligible Regular Employees). Item # 13 GMEBS - Defined Benefit Plan Adoption Agreement (Amended April, 2009) - 15 - Maximum Credit for Prior Governmental Service. Credit for prior governmental service shall be limited to a maximum of ________ years (insert number). Rate of Accrual for Prior Governmental Service Credit. Credit for prior governmental service shall accrue at the following rate (check one): One month of prior governmental service credit for every _____ month(s) (insert number) of Credited Service with the Adopting Employer. One year of prior governmental service credit for every _____ year(s) (insert number) of Credited Service with the Adopting Employer. All prior governmental service shall be creditable (subject to any caps imposed above) after the Participant has completed _____ years (insert number) of Credited Service with the Adopting Employer. Other requirement (must specify): _____________________________________ Payment for Prior Governmental Service Credit. Participants shall not be required to pay for governmental service credit. Participants shall be required to pay for governmental service credit as follows: The Participant must pay ____% of the actuarial cost of the service credit. The Participant must pay an amount equal to (must specify): __________ UNUSED SICK/VACATION/PERSONAL LEAVE An Adopting Employer may elect to treat accumulated days of unused leave for which a terminated Participant is not paid as Credited Service. The Pension Committee shall be responsible to certify to GMEBS the total amount of unused leave which is creditable hereunder. The Employer elects the following treatment of unused leave: Unused leave shall not be treated as Credited Service (if checked, skip to next section – Retirement Eligibility). The following types of unused leave for which the Participant is not paid shall be treated as Credited Service under the Plan (check one or more as applicable): Item # 13 GMEBS - Defined Benefit Plan Adoption Agreement (Amended April, 2009) - 16 - Unused sick leave Unused vacation leave Unused personal leave Other (must specify): _____________________________________________ Minimum Service Requirement. In order to receive credit for unused leave, a Participant must meet the following requirement at termination (check one): The Participant must be 100% vested in a normal retirement benefit. The Participant must have at least _______ years (insert number) of Total Credited Service (not including leave otherwise creditable under this section). Other (must specify): _______________________________________________ Use of Unused Leave Credit. Unused leave shall count as Credited Service for the following purposes under the Plan (check one or more as applicable): Computing amount of benefits payable. Meeting minimum service requirements for vesting. Meeting minimum service requirements for benefit eligibility. Maximum Credit for Unused Leave. Credit for unused leave shall be limited to a maximum of _____ months (insert number). Computation of Unused Leave. Unless otherwise specified by the Adopting Employer under "Other Conditions" below, each twenty (20) days of creditable unused leave shall constitute one (1) complete month of Credited Service under the Plan. Partial months shall not be credited. Other Conditions (please specify): ________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Item # 13 GMEBS - Defined Benefit Plan Adoption Agreement (Amended April, 2009) - 17 - RETIREMENT ELIGIBILITY EARLY RETIREMENT QUALIFICATIONS Early retirement qualifications are (check one or more as applicable): Attainment of age 50 (insert number) Completion of 5 years (insert number) of Total Credited Service with Augusta, Georgia. Exceptions: If different early retirement eligibility requirements apply to a particular class or classes of Eligible Employees, the Employer must specify below the classes to whom the different requirements apply and indicate below the requirements applicable to them. Eligible Employees to whom exception applies (must specify): Class 2, Class 4, Class 6 (see pp. 5-7 for description of classes). Early retirement qualifications for excepted class(es) are (check one or more as applicable): Early retirement qualifications for Class 2 and Class 4: Attainment of age 55 (insert number) Completion of 10 years (insert number) of Total Credited Service with Augusta, Georgia. Early retirement qualifications for Class 6: Attainment of age 50 (insert number) Completion of 15 years (insert number) of Total Credited Service with Augusta, Georgia. Item # 13 GMEBS - Defined Benefit Plan Adoption Agreement (Amended April, 2009) - 18 - NORMAL RETIREMENT QUALIFICATIONS Note: Please complete this section and also list "Alternative" Normal Retirement Qualifications, if any, in next section. Regular Employees Normal retirement qualifications for Regular Employees are (check one or more as applicable): Attainment of age 65 (Retirement must occur no later than age 70 for Public Safety Personnel) Completion of _____ years (insert number) of Total Credited Service Exceptions: If different normal retirement qualifications apply to a particular class or classes of Regular Employees, the Employer must specify below the classes to whom the different requirements apply and indicate below the requirements applicable to them. Class(es) of Regular Employees to whom exception applies (must specify): ________________ Normal retirement qualifications for excepted class(es) are (check one or more as applicable): Attainment of age ___ (insert number) Completion of ___ years (insert number) of Total Credited Service Elected or Appointed Members of Governing Authority Complete this section only if elected or appointed members of the Governing Authority or Municipal Legal Officers are permitted to participate in the Plan. Normal retirement qualifications for this class are (check one or more as applicable): Attainment of age 65 (insert number) Completion of _________ years (insert number) of Total Credited Service ALTERNATIVE NORMAL RETIREMENT QUALIFICATIONS Please skip to the next section (Disability Benefit Qualifications) if the Adopting Employer does not offer alternative normal retirement benefits under the Plan. The Employer may elect to permit Participants to retire with unreduced benefits after they satisfy service and/or age Item # 13 GMEBS - Defined Benefit Plan Adoption Agreement (Amended April, 2009) - 19 - requirements other than the regular normal retirement qualifications specified above. The Employer hereby adopts the following alternative normal retirement qualifications: Alternative Normal Retirement Qualifications (check one or more, as applicable): Alternative Minimum Age & Service Qualifications. (if checked, please complete one or more items below, as applicable): Attainment of age 55 (insert number) Completion of 25 years (insert number) of Total Credited Service This alternative normal retirement benefit is available to: All Participants who qualify. Only the following Participants (must specify): Participants in Class 1, Class 2, Class 5, Class 7, Class 8, and Class 9 who are Public Safety Personnel, provided they are at least age 55 and have at least 25 years of Total Credited Service as Public Safety Personnel with Augusta, Georgia (see pp. 5-7 for description of classes). A Participant (check one): is required is not required to be in the service of the Employer at the time he satisfies the above qualifications in order to qualify for this alternative normal retirement benefit. Rule of _______ (insert number). The Participant's combined Total Credited Service and age must equal or exceed this number. Please complete additional items below: To qualify for this alternative normal retirement benefit, the Participant (check one): must have attained at least age ______ (insert number) must not satisfy any minimum age requirement. This alternative normal retirement benefit is available to: All Participants who qualify. Only the following Participants (must specify): ____________________________________________________________ A Participant (check one): is required is not required to be in the service of the Employer at the time he satisfies the Rule in order to qualify for this alternative normal retirement benefit. Item # 13 GMEBS - Defined Benefit Plan Adoption Agreement (Amended April, 2009) - 20 - Alternative Minimum Service. A Participant is eligible for an alternative normal retirement benefit if he has at least ________ years (insert number) of Total Credited Service, regardless of the Participant's age. This alternative normal retirement benefit is available to: All Participants who qualify. Only the following Participants (must specify): Other Alternative Normal Retirement Benefit. Must specify qualifications: Attainment of age 62 (insert number) Completion of 25 years (insert number) of Total Credited Service with Augusta, Georgia This alternative normal retirement benefit is available to: All Participants who qualify. Only the following Participants (must specify): Participants in Class 1, Class 3, Class 5, Class 6, Class 7, Class 8, and Class 9 (see pp. 5-7 for description of classes). A Participant (check one): is required is not required to be in the service of the Employer at the time he satisfies the above qualifications in order to qualify for this alternative normal retirement benefit. DISABILITY BENEFIT QUALIFICATIONS Please skip to the next section (Retirement Benefit Computation) if the Adopting Employer does not offer disability retirement benefits under the Plan. Subject to the other terms and conditions of the Master Plan, disability retirement qualifications are based upon Social Security Administration award criteria or as otherwise provided under Article II, Section 19 of the Master Plan. To qualify for a disability benefit, a Participant must have the following minimum number of years of Total Credited Service: No minimum. _______ years (insert number) of Total Credited Service. Item # 13 GMEBS - Defined Benefit Plan Adoption Agreement (Amended April, 2009) - 21 - Other requirement (must specify): No minimum, except for Class 6 Participants with respect to non-employment connected disability (see Addendum Section 7.29(c) for eligibility requirements applicable to Class 6). RETIREMENT BENEFIT COMPUTATION MAXIMUM TOTAL CREDITED SERVICE The number of years of Total Credited Service which may be used to calculate a benefit is (check one): not limited. limited to _________ years. limited to ________ years as an elected or appointed member of the Governing Authority or Municipal Legal Officer. MONTHLY NORMAL RETIREMENT BENEFIT AMOUNT Regular Employees The monthly normal retirement benefit for Eligible Regular Employees shall be 1/12 of (check one): Flat Percentage Formula. 1.4% (1.65% for Participants employed with Augusta after January 1, 2010, except with respect to employee classes listed under “Exceptions” below) of Final Average Earnings multiplied by years of Total Credited Service as an Eligible Regular Employee. Split Formula (Dynamic Break Point). _____ % (insert percentage) of Final Average Earnings up to the amount of Covered Compensation as defined in Article II, Section 15 of the Master Plan (Dynamic Break Point), plus ___ % (insert percentage) of Final Average Earnings in excess of said Covered Compensation, multiplied by years of Total Credited Service as an Eligible Regular Employee. Split Formula (Table Break Point). ______% (insert percentage) of Final Average Earnings up to the amount of Covered Compensation as defined in Article II, Section 16 of the Master Plan (Table Break Point), plus ______% (insert percentage) of Final Average Earnings in excess of said Covered Compensation, multiplied by years of Total Credited Service as an Eligible Regular Employee. Item # 13 GMEBS - Defined Benefit Plan Adoption Agreement (Amended April, 2009) - 22 - Grandfathered Split Formula. For Eligible Regular Employees employed on or after _______________________, (insert date) and for Eligible Regular Employees employed prior to said date only when application of this formula would result in a higher benefit than the benefit as determined under the following sentence, __________ % (insert percentage) of Final Average Earnings up to the amount of Covered Compensation as defined in Article II, Section 15 of the Master Plan (Dynamic Break Point), plus __________% (insert percentage) of Final Average Earnings in excess of said Covered Compensation, multiplied by years of Total Credited Service as an Eligible Regular Employee. For Regular Employees employed prior to ___________________________, (insert date) only when application of this formula would result in a higher benefit than the benefit as determined under the preceding sentence,_____________% (insert percentage) of Final Average Earnings up to the amount of Covered Compensation as defined in Article II, Section 16 of the Master Plan (Table Break Point), plus _________% (insert percentage) of Final Average Earnings in excess of said Covered Compensation, multiplied by years of Total Credited Service as an Eligible Regular Employee. Other Formula (must specify): _______________________________________ Exceptions: If a formula other than that specified above applies to a special class(es) of Eligible Regular Employees, the Employer must specify below the class(es) to whom the different formula applies and indicate below the formula applicable to them. Class(es) of Regular Employees to whom exception applies (must specify): Class 2 and Class 4. The split 1.25%-2.0% formula (see below) will also apply to Class 1 and Class 3, but only if it results in higher benefit than the flat percentage formula (see above). Benefit formula for excepted class(es) (must specify): The monthly normal retirement benefit shall be 1/12 of 1.25% of Final Average Earnings up to the amount of Covered Compensation as defined in Article II, Section 15 of the Master Plan (Dynamic Break Point), plus 2.0% of Final Average Earnings in excess of said Covered Compensation, multiplied by years of Total Credited Service as an Eligible Regular Employee. Class(es) of Regular Employees to whom exception applies (must specify): Class 6. Benefit formula for excepted class(es) (must specify): The monthly normal retirement benefit shall be 1/12 of 1.0% of Final Average Earnings multiplied by years of Total Credited Service as an Eligible Regular Employee. Item # 13 GMEBS - Defined Benefit Plan Adoption Agreement (Amended April, 2009) - 23 - Final Average Earnings Final Average Earnings is defined as (check one): The annual average of Earnings paid to a Participant by the Adopting Employer for the 5 (insert number not to exceed 5) consecutive years (12 month periods) of Credited Service preceding the Participant's most recent Termination in which the Participant's Earnings were the highest. Note: GMEBS has prescribed forms for calculation of Final Average Earnings that must be used for this purpose. Other method of calculation (must specify): Elected or Appointed Members of the Governing Authority Complete this section only if elected or appointed members of the Governing Authority or Municipal Legal Officers are permitted to participate in the Plan. The monthly normal retirement benefit for members of this class shall be as follows (check one): $_________ (insert dollar amount) per month for each year of Total Credited Service as an elected or appointed member of the Governing Authority or Municipal Legal Officer or major fraction thereof (6 months and 1 day). Other formula (must specify): The monthly normal retirement benefit shall be 1/12 of 1.4% (1.65% for Participants who hold office after January 1, 2010) of the Participant’s Final Average Earnings multiplied by years of Total Credited Service as an elected or appointed member of the Governing Authority. Exceptions: If a different formula from that specified above applies to a particular class of elected or appointed members of the Governing Authority or Municipal Legal Officers, the Employer must specify below the class to whom the different formula applies and indicate below the formula applicable to them. Those to whom exception applies (must specify): _____________________________________ Benefit formula for excepted class (must specify): MONTHLY EARLY RETIREMENT BENEFIT AMOUNT (check one): The monthly Early Retirement benefit shall be computed in the same manner as the monthly Normal Retirement benefit, but the benefit shall be reduced on an Actuarially Equivalent basis in accordance with Article XII, Section 1 of the Master Plan to account for early commencement of benefits. Item # 13 GMEBS - Defined Benefit Plan Adoption Agreement (Amended April, 2009) - 24 - The monthly Early Retirement benefit shall be computed as follows (must specify): For all Employee classes except Class 6, the monthly Early Retirement benefit shall be computed in the same manner as the monthly Normal Retirement benefit, but the benefit shall be reduced in accordance with the actuarial factors in Article XII, Section 1 of the Master Plan to account for early commencement of benefits. For Class 6, the monthy Early Retirement benefit shall be reduced in accordance with the early retirement factors that applied under the 1977 Defined Benefit Retirement Plan in effect immediately prior to January 1, 2008 which are incorporated herein by reference. MONTHLY LATE RETIREMENT BENEFIT AMOUNT (check one): The monthly Late Retirement benefit shall be computed in the same manner as the Normal Retirement Benefit, based upon the Participant's Accrued Benefit as of his Late Retirement Date. The monthly Late Retirement benefit shall be the greater of: (1) the monthly retirement benefit accrued as of the Participant's Normal Retirement Date, actuarially increased in accordance with the actuarial table contained in Article XII, Section 6 of the Master Plan; or (2) the monthly retirement benefit accrued as of the Participant's Late Retirement Date, without further actuarial adjustment under Article XII, Section 6 of the Master Plan. MONTHLY DISABILITY BENEFIT AMOUNT Complete this section only if the Adopting Employer elects to provide Disability retirement benefits. The amount of the monthly Disability Benefit shall be computed as follows (check one): The monthly Disability benefit shall be computed in the same manner as the Normal Retirement benefit, based upon the Participant's Accrued Benefit as of his Disability Retirement Date. Other method (must specify): For all Employee classes except Class 6, the monthly Disability benefit shall be computed in the same manner as the Normal Retirement benefit, based upon the Participant's Accrued Benefit as of his Disability Retirement Date. For Class 6, the Disability benefit shall be computed as provided in Section 7.29(c)(4) or 7.29(c)(9) of the Addendum to the Adoption Agreement, as applicable. Minimum Disability Benefit. The Adopting Employer may set a minimum Disability Benefit. The Employer elects the following minimum Disability benefit (check one): No minimum is established. Item # 13 GMEBS - Defined Benefit Plan Adoption Agreement (Amended April, 2009) - 25 - No less than (check one): 20% 10% ____% (if other than 20% or 10% insert percentage amount) of the Participant's average monthly Earnings for the 12 calendar month period immediately preceding his Termination of Employment as a result of a Disability (this provision does not apply to Class 6 Employees). No less than (check one): 66 2/3 % ______% (if other than 66 2/3%, insert percentage amount) of the Participant's average monthly Earnings for the 12 calendar month period immediately preceding his Termination of Employment as a result of a Disability, less any benefits paid from Workers Compensation, federal Social Security benefits as a result of disability, any state compulsory disability plan, and any disability income plan paid by the Employer. Other Minimum (must specify): _______________________________________ BENEFIT CAP FOR ELECTED OFFICIALS Complete this section only if elected or appointed members of the Governing Authority participate in the Plan. In addition to any other limitations imposed by federal or state law, the Employer may impose a cap on the monthly benefit amount that may be received by elected or appointed members of the Governing Authority. The Employer elects (check one): No cap. Monthly benefit for Service as an elected or appointed member of the Governing Authority may not exceed 100% of the Participant's final salary as an elected or appointed member of the Governing Authority. Other cap (must specify): ____________________________________________ DISTRIBUTIONS FOR THOSE WHO REMAIN IN SERVICE AFTER NORMAL RETIREMENT The Employer may elect to permit active Participants who have satisfied the Employer's qualifications for Normal Retirement or Alternative Normal Retirement to begin drawing their retirement benefit even though they have not yet terminated employment with Employer, subject to the terms of the Master Plan. The Employer makes the following election in this regard (check one): Distribution of retirement benefits is not permitted until the Participant has terminated employment and otherwise qualifies for receipt of benefits. Participants who have satisfied the qualifications for Normal Retirement or Alternative Normal Retirement may begin drawing their Normal Retirement Item # 13 GMEBS - Defined Benefit Plan Adoption Agreement (Amended April, 2009) - 26 - benefit even though they remain in the service of the Employer. This provision applies to (check one): All Participants Only Participants in the following classes (in-service distributions not permitted for any others) (must specify): COST OF LIVING ADJUSTMENT The Employer may elect to provide for a cost-of-living adjustment (COLA) in the amount of benefits being received by Retired Participants and Beneficiaries, which shall be calculated and paid in accordance with the terms of the Master Plan. The Employer hereby elects the following: No cost-of-living adjustment (applies to Class 2 and Class 4 only). Variable annual cost-of-living adjustment not to exceed 5% (applies to Class 6 only). Fixed annual cost-of-living adjustment equal to 1.5% (applies to Class 1, Class 3, Class 5, Class 7, Class 8, and Class 9 only). The above cost-of-living adjustment shall apply with respect to Participants (and their Beneficiaries) who terminate employment on or after _________________ (insert date). RE-EMPLOYMENT AFTER RETIREMENT Reemployment After Normal Retirement. In the event a Retired Participant is reemployed with the Employer as an Eligible Employee after his Normal Retirement Date, the following rule shall apply (check one): The Participant's benefit shall be suspended in accordance with Article VI, Section 6(a) of the Master Plan for as long as the Participant remains employed. The Participant may continue to receive his retirement benefit in accordance with Article VI, Section 6(c) of the Master Plan. This rule shall apply to (check one): all Retired Participants only the following classes of Retired Participants (must specify - benefits of those Retired Participants not listed shall be suspended in accordance with Article VI, Section 6(a) of the Master Plan if they return to work with the Employer): Retired Participants who return to employment with the Employer pursuant to a written reemployment agreement with the Employer. This limitation shall also apply with respect to reemployment after Early Retirement (see below). Item # 13 GMEBS - Defined Benefit Plan Adoption Agreement (Amended April, 2009) - 27 - Reemployment After Early Retirement. In the event a Participant retires with an Early Retirement benefit and is reemployed with the Employer as an Eligible Employee before his Normal Retirement Date, the following rule shall apply (check one): The Participant's Early Retirement benefit shall be suspended in accordance with Article VI, Section 6(a) of the Master Plan for as long as the Participant remains employed. The Participant's eligibility to continue receiving Early Retirement benefits shall be subject to the following limitations (if this item is checked, check one of the following): The Participant's Early Retirement benefit shall be suspended. However, the Participant may again begin receiving benefits after he satisfies the qualifications for Normal Retirement or alternative Normal Retirement in accordance with Article VI, Section 6(d) of the Master Plan. The Participant may continue receiving his Early Retirement benefit in accordance with Article VI, Section 6(e) of the Master Plan, provided his initial retirement was in good faith and he does not return to employment with the Employer for a minimum of 6 months (insert number no less than 6) following his effective Retirement date. If this requirement is not met, the Participant's benefit shall be suspended until he satisfies the qualifications for Normal Retirement or alternative Normal Retirement in accordance with Article VI, Section 6(d) of the Master Plan. TERMINATION OF EMPLOYMENT BEFORE RETIREMENT; VESTING Eligible Regular Employees Subject to the terms and conditions of the Master Plan, a Participant who is an Eligible Regular Employee and whose employment is terminated for any reason other than death or retirement shall earn a vested right in his accrued retirement benefit in accordance with the following schedule (check one): No vesting schedule (immediate vesting). Cliff Vesting Schedule. Benefits shall be 100% vested after the Participant has a minimum of 5 years (insert number not to exceed 10) of Total Credited Service. Benefits remain 0% vested until the Participant satisfies this minimum. Graduated Vesting Schedule. Benefits shall become vested in accordance with the following schedule (insert percentages): Item # 13 GMEBS - Defined Benefit Plan Adoption Agreement (Amended April, 2009) - 28 - COMPLETED YEARS OF TOTAL CREDITED SERVICE VESTED PERCENTAGE 1 % 2 % 3 % 4 % 5 % 6 % 7 % 8 % 9 % 10 % Exceptions: If a vesting schedule other than that specified above applies to a special class(es) of Regular Employees, the Employer must specify the different vesting schedule below and the class(es) to whom the different vesting schedule applies. Regular Employees to whom exception applies (must specify): (1) Class 2 and Class 4 (see pp. 5-7 for description of classes); and (2) Participants who are employed in a senior executive service (SES) position listed in Addendum Section 7.42(c) on or after January 1, 2009, provided the preconditions specified in Addendum Section 7.42(a) are sastisfied. Vesting Schedule for excepted class (must specify): (1) For Class 2 and Class 4, benefits shall be 100% vested after the Participant has a minimum of 10 years of Total Credited Service. Benefits remain 0% vested until the Participant satisfies this minimum. (2) Subject to the preconditions specified in Addendum Section 7.42(a), Participants in this Plan who hold a senior executive service (SES) position listed in Addendum Section 7.42(c) on or after January 1, 2009 will be considered immediately vested in their accrued normal retirement benefit (no vesting schedule). Elected or Appointed Members of the Governing Authority Complete this Section only if Elected or Appointed Members of the Governing Authority are permitted to participate in the Plan. Subject to the terms and conditions of the Master Plan, a Participant who is an elected or appointed member of the Governing Authority or a Municipal Legal Officer shall earn a vested right in his accrued retirement benefit for Credited Service in such capacity in accordance with the following schedule (check one): No vesting schedule (immediate vesting). Other vesting schedule (must specify): Item # 13 GMEBS - Defined Benefit Plan Adoption Agreement (Amended April, 2009) - 29 - PRE-RETIREMENT DEATH BENEFITS IN-SERVICE DEATH BENEFIT Subject to the terms and conditions of the Master Plan, the Employer hereby elects the following in-service death benefit, to be payable in the event that an eligible Participant's employment with the Employer is terminated by reason of death prior to Retirement (check and complete one): Auto A Death Benefit. A monthly benefit payable to the Participant's Pre- Retirement Beneficiary, equal to the decreased monthly retirement benefit that would have otherwise been payable to the Participant, had he elected a 100% joint and survivor benefit under Article VII, Section 3 of the Master Plan. In order to be eligible for this benefit, a Participant must meet the following requirements:: The Participant must be vested in a normal retirement benefit. The Participant must have ______ years (insert number) of Total Credited Service. The Participant must be eligible for Early or Normal Retirement (this requirement applies to Class 2 and Class 4 only). Other eligibility requirement (must specify): _______________________ Actuarial Reserve Death Benefit. A monthly benefit payable to the Participant's Pre-Retirement Beneficiary, actuarially equivalent to the reserve required for the Participant's anticipated Normal Retirement benefit, provided the Participant meets the following eligibility conditions (check one): The Participant shall be eligible immediately upon becoming a Participant. The Participant must have _____ years (insert number) of Total Credited Service. Other eligibility requirement (must specify): Imputed Service. For purposes of computing the actuarial reserve death benefit, the Participant's Total Credited Service shall include (check one): Total Credited Service accrued prior to the date of the Participant's death. Total Credited Service accrued prior to the date of the Participant's death, plus (check one): one-half (½) ___________ (insert other Item # 13 GMEBS - Defined Benefit Plan Adoption Agreement (Amended April, 2009) - 30 - fraction) of the Service between such date of death and what would otherwise have been the Participant's Normal Retirement Date. Exceptions: If an in-service death benefit other than that specified above applies to one or more classes of Participants, the Employer must specify below the death benefit payable, the class(es) to whom the different death benefit applies, and the eligibility conditions for said death benefit. Alternative Death Benefit (must specify): see Addendum Section 7.29(d) for description of in-service death benefit applicable to Class 6 Participants. Participants to whom alternative death benefit applies (must specify): Class 6 Eligibility conditions for alternative death benefit (must specify): see Addendum Section 7.29(d). TERMINATED VESTED DEATH BENEFIT Complete this Section only if the Employer offers a terminated vested death benefit. The Employer may elect to provide a terminated vested death benefit, to be payable in the event that a Participant who is vested dies after termination of employment but before Retirement benefits commence. Subject to the terms and conditions of the Master Plan, the Employer hereby elects the following terminated vested death benefit (check one): Auto A Death Benefit. A monthly benefit payable to the Participant's Pre- Retirement Beneficiary, equal to the decreased monthly retirement benefit that would have otherwise been payable to the Participant had he elected a 100% joint and survivor benefit under Article VII, Section 3 of the Master Plan. Accrued Retirement Benefit. A monthly benefit payable to the Participant's Pre- Retirement Beneficiary which shall be actuarially equivalent to the Participant's Accrued Normal Retirement Benefit determined as of the date of death. Exceptions: If a terminated vested death benefit other than that specified above applies to one or more classes of Participants, the Employer must specify below the death benefit payable, the class(es) to whom the different death benefit applies, and the eligibility conditions for said death benefit. Alternative Death Benefit (must specify): None - no terminated vested death benefit available to Class 2, Class 4, or Class 6 (see pp. 5-7 for description of classes). Participants to whom alternative death benefit applies (must specify): ____________________ Eligibility conditions for alternative death benefit (must specify): _______________________ Item # 13 GMEBS - Defined Benefit Plan Adoption Agreement (Amended April, 2009) - 31 - EMPLOYEE CONTRIBUTIONS Employee contributions (check one): Are not required. Are required in the amount of ____ (insert percentage) of Earnings for all Participants. Are required in the amount of 3.5% (insert percentage) of Earnings for Participants in the following classes (must specify): Class 1, Class 2, Class 3, Class 4 (employee contribution rates are subject to change). Are required in the amount of 4.0% (insert percentage) of Earnings for Participants in the following classes (must specify): Class 5, Class 6, Class 7, Class 8, Class 9 (employee contribution rates are subject to change). Pre-Tax Treatment of Employee Contributions. If employee contributions are required, an Adopting Employer may elect to "pick-up" employee contributions to the Plan in accordance with IRC Section 414(h). In such case employee contributions shall be made on a pre-tax rather than a post-tax basis, provided the requirements of Section 414(h) are met. If the Employer elects to pick-up employee contributions, it is the Employer's responsibility to ensure that employee contributions are paid and reported in accordance with Section 414(h). The Employer hereby elects (check one): To pick-up employee contributions. Not to pick-up employee contributions. When elected by the Adopting Employer to be picked up, the Adopting Employer shall pick up and pay Employee contributions in accordance with Code Section 414(h)(2) as follows: (1) the contributions, although designated as Employee contributions, shall be paid by the Adopting Employer in lieu of contributions by the Employee as elected by the Adopting Employer in the Adoption Agreement, which shall be effective on a prospective basis and constitute written formal action to implement the pick-up; and (2) the Employee must not be given the option, on or after the effective date of the pick-up, to have a cash or deferred election right (within the meaning of Treasury Regulation Section 1.401(k)- 1(a)(3)) with respect to designated Employee contributions, which includes not having the option of receiving the amounts directly instead of having them paid to the Plan. Item # 13 GMEBS - Defined Benefit Plan Adoption Agreement (Amended April, 2009) - 32 - Interest on Employee Contributions. The Adopting Employer may elect to pay interest on any refund of Employee Contributions. Interest shall not be paid. Interest shall be paid on a refund of Employee Contributions at a rate established by GMEBS from time to time (this provision applies to Class 2 and Class 4 only. See Addendum Section 7.29(a) for provisions on crediting interest for Class 6 and Addendum Section 7.33 on crediting interest for other classes). EMPLOYER ADOPTION The Adopting Employer hereby agrees to abide by the Master Plan, Trust Agreement, bylaws, and rules and regulations adopted by the Board of Trustees of GMEBS, as each may be amended from time to time, in all matters pertaining to the operation and administration of the Plan. It is intended that the Act creating the Board of Trustees of GMEBS, the bylaws of the Board, the rules and regulations of the Board, and this Plan are to be construed in harmony with each other. In the event of a conflict between the provisions of any of the foregoing, they shall govern in the following order: (1) The Act creating the Board of Trustees of the Georgia Municipal Employees Benefit System, O.C.G.A. Section 47-5-1 et seq. and any other applicable provisions of O.C.G.A. Title 47; (2) The bylaws of the Board; (3) The rules and regulations of the Board; (4) This Ordinance and Adoption Agreement. In the event that any section, subsection, sentence, clause or phrase of this Plan shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the previously existing provisions or the other section or sections, subsections, sentences, clauses or phrases of this Plan, which shall remain in full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudicated invalid or unconstitutional were not originally a part hereof. The Governing Authority hereby declares that it would have passed the remaining parts of this Plan or retained the previously existing provisions if it had known that such part or parts hereof would be declared or adjudicated invalid or unconstitutional. The Adopting Employer understands that failure to properly complete this Adoption Agreement may result in the Adopting Employer's plan not being qualified under the Internal Revenue Code. The Adopting Employer also agrees it will inform the Board of any amendments to this Adoption Agreement, its Plan, or the discontinuance, abandonment or termination of its Plan. Item # 13 GMEBS - Defined Benefit Plan Adoption Agreement (Amended April, 2009) - 33 - AN ORDINANCE (continued from page 1) Section 2. Except as otherwise specifically required by law or by the terms of the Master Plan, Adoption Agreement, or Addendum, the rights and obligations with respect to persons whose employment or term of office with Augusta, Georgia was terminated for any reason whatsoever prior to the effective date of this Ordinance are fixed and shall be governed by such Plan, if any, as applied to the person and was in effect at the time of such termination. Section 3. The effective date of this Ordinance shall be upon adoption by the Augusta-Richmond County Commission (see below). Section 4. All Ordinances and parts of ordinances in conflict herewith are expressly repealed. Approved by the Augusta-Richmond County Commission, this _______ day of _____________________, 2009. Attest: AUGUSTA-RICHMOND COUNTY _______________________ ____________________________________ Clerk Mayor (SEAL) Approved: __________________________ Attorney The terms of the foregoing Adoption Agreement are approved by the Board of Trustees of the Georgia Municipal Employees Benefit System. IN WITNESS WHEREOF, the Board of Trustees of the Georgia Municipal Employees Benefit System has caused its Seal and the signatures of its duly authorized officers to be affixed this ______ day of __________________________, 20____. Board of Trustees Georgia Municipal Employees Benefit System (SEAL) ____________________________________ Secretary 915486v2 Item # 13 (Amended April, 2009) 1 ADDENDUM TO THE GEORGIA MUNICIPAL EMPLOYEES BENEFIT SYSTEM DEFINED BENEFIT PLAN ADOPTION AGREEMENT This is an Addendum to the April 2009 amended Adoption Agreement for Augusta-Richmond County. It modifies the April 2009 amended Adoption Agreement in the following ways: 1. Addition of a new Department or a new class of Eligible Employees (for amendment of Adoption Agreement only - see pages 4 and 5 of Adoption Agreement): 2. Discontinuance of participation in the Plan by one or more Departments or classes of Employees (for amendment of Adoption Agreement only - see page 5 of Adoption Agreement): N/A 3. Special eligibility service requirement for Regular Employees (see page 5 of Adoption Agreement regarding Waiting Period): N/A 4. Credited Past Service under the Plan for newly eligible classes of employees (see page 8 of Adoption Agreement regarding Past Credited Service): N/A 5. One-time or ad-hoc cost-of-living adjustments (see Article VI, Section 5(d) of Master Plan regarding Cost of Living Adjustment): N/A Attachment number 3 Page 1 of 25 Item # 13 (Amended April, 2009) 2 6. Alternative early retirement actuarial reduction table for one or more classes of Eligible Employees (see Article VI, Section 2 of Master Plan regarding Early Retirement Benefit): N/A 7. Other: 7.1 New GMEBS Plan Election by 1998 Defined Contribution Plan Participants; Generally Augusta-Richmond County (hereinafter “Augusta”) has previously maintained a defined contribution plan known as the 1998 Augusta Money Purchase Plan (Nationwide Retirement Solutions Governmental Defined Contribution Plan, hereinafter referred to as the “1998 Defined Contribution Plan” or “DC Plan”). Employees who are actively employed (as reflected in the records of the Employer) as of October 1, 2007, including elected or appointed members of the Governing Authority, who are Participants in the 1998 Defined Contribution Plan and including any Employees who would be eligible to participate under the DC Plan as of October 1, 2007 but who have not yet satisfied the 30- day waiting period under the DC Plan as of October 1, 2007, shall make a one-time, irrevocable election on a form provided by Augusta for such purpose and in accordance with the procedures specified in Sections 7.11-7.15 below (concerning the employee election process) to either: 1) continue participating in the DC Plan, subject to the terms and conditions of the DC Plan, as amended and restated effective January 1, 2008; or 2) waive their benefits under the DC plan, transfer their DC Plan account balance to this Plan (new GMEBS DB Plan), and begin participating under this Plan subject to the terms and conditions of this Plan and in particular those terms and conditions applicable to Class 7 Employees (see Adoption Agreement pp. 5-7, “Eligible Classes of Employees”). Terminated Employees and former Participants under the DC Plan (as of October 1, 2007) shall not be permitted to make an election and shall continue to be subject to the terms of the DC Plan, as amended and restated effective January 1, 2008, with respect to their period of participation under the DC Plan, except as otherwise provided in Section 7.18 below (concerning reemployment). 7.2 Effect of New GMEBS DB Plan Election by 1998 DC Plan Participants (Class 7) If an Employee participant under the DC Plan as of October 1, 2007 elects (affirmatively or by default) to waive his participation under the DC Plan in favor of participation under this Plan (new GMEBS DB Plan): 1) he will be required as part of said election to authorize and direct (or he will be deemed to have authorized and directed in the case of a default election) the transfer of the value of all accounts maintained on behalf of the Employee under the DC Plan as of December 31, 2007 (including all employer contributions, employee contributions, and earnings thereon up until the transfer date, but excluding any rollover contributions and earnings thereon) from the DC Plan to this Plan, for the purpose of funding benefits payable under this Plan (no partial account transfers will be permitted); 2) he will be subject to the terms of the GMEBS Master Plan, the Adoption Attachment number 3 Page 2 of 25 Item # 13 (Amended April, 2009) 3 Agreement and this Addendum generally, and the plan benefits and features that apply to Class 7 Employees in particular (as reflected in the GMEBS Adoption Agreement and this Addendum); 3) the period of service with Augusta-Richmond County prior to January 1, 2008 during which the Employee made required employee contributions to the DC Plan, as reflected in the records of the Employer and as reported to GMEBS, excluding any periods for which the Employee did not make employee contributions to the DC Plan and provided the Employee has not previously withdrawn or received a distribution of his DC Plan account funds (in the event of a partial withdrawal, the employee’s credit for prior service will be prorated), will be taken into account under this Plan for purposes of determining the amount of any retirement or death benefit payable to or on behalf of the Employee under this Plan and for purposes of meeting this Plan’s minimum service requirements for vesting, and eligibility for retirement or death benefits, except as otherwise provided in Section 7.34 below (concerning employee withdrawal of contributions); 4) he will be considered vested in his transferred employer contributions as of December 31, 2007 to the extent he was vested in said contributions under the terms of the DC Plan as of December 31, 2007 and he will be considered 100% vested in said employer contributions when he has at least 5 years of combined Credited Service under the former DC Plan and the new GMEBS DB plan; 5) he will be 100% vested in his transferred employee contributions as of December 31, 2007, and the Employee will have a guaranteed minimum benefit, payable in accordance with the benefit payment options available under the new GMEBS DB Plan, equal to the value of his transferred employee contributions under the DC Plan as of December 31, 2007, plus 5% interest per year after December 31, 2007, computed in accordance with Section 7.33 below (this provision shall not be interpreted to permit lump sum distributions, except as otherwise permitted in the Master Plan); 6) if the Employee terminates employment with Augusta-Richmond County before becoming 100% vested under the GMEBS DB Plan, the amount of his employee contributions, including employee contributions transferred from the 1998 DC Plan, together with interest computed in accordance with Section 7.33 below, will be paid to the Employee (or to the Employee’s estate in the case of termination due to death) in a lump sum in lieu of any other benefit under the GMEBS DB Plan; 7) if the Employee terminates employment, retires, or dies after becoming 100% vested under the Plan, the total amount of benefits paid to the Employee (and/or his Beneficiary, as applicable) cannot be less than the value of the Employee’s transferred employee contributions as of December 31, 2007 plus any employer contributions transferred from the 1998 DC Plan, plus interest on such amounts, computed in accordance with Section 7.33 below, reduced by any benefits previously paid to the Employee (or his Beneficiary) under the Plan; 8) the Employee’s Credited Service with other GMEBS member employers (apart from Augusta-Richmond County) will be counted in determining whether the Employee has satisfied the minimum service requirements for vesting under this Plan; and 9) if the Employee has credited service under the 1977 DB Plan or Old GMEBS Plan prior to January 1, 2008 (excluding any periods for which the Employee did not make employee contributions and provided the Employee has not previously withdrawn or received a distribution of his employee contributions) such credited service will also be counted under this Plan for purposes of determining the amount of any retirement or death benefit payable to or on behalf of the Employee under this Plan and for purposes of meeting this Plan’s minimum service requirements for vesting and eligibility for retirement or death benefits. Attachment number 3 Page 3 of 25 Item # 13 (Amended April, 2009) 4 7.3 Treatment of Transferred DC Plan Account Funds 1998 Defined Contribution Plan account balances transferred to this Plan (new GMEBS DB Plan) pursuant to Section 7.2 above will be used to help fund benefits payable to the Employee (and/or his Beneficiary under this Plan, as applicable) under this Plan. Amounts transferred to this Plan shall not otherwise be distributable to the Employee or any other person or entity, except as otherwise provided in Section 7.2 above or Section 7.34 below (concerning employee withdrawal of contributions). Upon the transfer of DC account funds to this Plan, Employees who elect the new GMEBS Plan shall have no further right, title, or interest under the DC Plan in its then current form or as amended, except with respect to any rollover contributions and earnings thereon remaining in the DC plan. 7.4 Effect of Election to Remain in DC Plan If an Employee participant under the DC Plan as of October 1, 2007 elects not to transfer to this Plan (new GMEBS DB Plan), then he will not be permitted to participate in this Plan or receive any benefit from this Plan, except as otherwise provided in this Section 7.4 or under Section 7.19 below (concerning reemployment). If a DC Plan participant elects not to transfer to this Plan and he has previously participated under the 1977 Plan or the old GMEBS Plan, then his eligibility for early or normal retirement benefits and the amount of any retirement benefit payable with respect to his prior period of participation under such plan (including cost-of-living adjustments), if any, shall be determined based upon the benefit formula and the other terms of 1977 Plan or the old GMEBS plan (as applicable) in effect as of the date that he ceased participating in said plan as an active employee, and his final average earnings as of said date. In no event will a DC Plan participant who elects not to transfer to this Plan be eligible for disability benefits or pre- retirement death benefits under this Plan based on his prior old GMEBS Plan or 1977 Plan service, except as otherwise provided below with respect to reemployment. 7.5 New GMEBS Plan Election by 1977 Defined Benefit Plan Participants; Generally Augusta-Richmond County has previously maintained a defined benefit plan known as the January 1, 1977 Retirement Plan (hereinafter referred to as the “1977 DB Plan” or “1977 Plan”). Employees who are actively employed and who are Participants in the 1977 Plan as of October 1, 2007 (as reflected in the records of the Employer) shall make a one-time, irrevocable election on a form provided by Augusta for such purpose and in accordance with the procedures specified in Sections 7.11-7.15 below to either: 1) be subject to the plan benefits and features that apply to 1977 Plan Employees who elect the new GMEBS DB Plan (as reflected in the GMEBS Adoption Agreement and Addendum provisions applicable to Class 5 Employees); or 2) continue to be subject to certain plan benefits and features that previously applied under the 1977 Plan (as reflected in the GMEBS Adoption Agreement and Addendum provisions applicable to Class 6 Employees). Terminated Employees and former Participants under the 1977 Plan (as of October 1, 2007) shall not Attachment number 3 Page 4 of 25 Item # 13 (Amended April, 2009) 5 be permitted to make an election and the amount of benefits payable to them upon normal retirement, if any, will be determined based upon their vested accrued normal retirement benefit as determined under the terms of the 1977 Plan in effect as of the date that they terminated participation under the 1977 Plan as an active employee, and their final average earnings determined under the terms of the 1977 Plan as of said termination date (except as otherwise provided in Section 7.20 below (concerning reemployment)). Except as otherwise provided in Addendum Section 7.20 below (concerning reemployment), said former Participants under the 1977 Plan shall otherwise be subject to the terms and conditions of the GMEBS Adoption Agreement and Addendum that apply to Class 6 Employees with respect to eligibility requirements for early or normal retirement, cost-of- living adjustments, early retirement reduction factors, terminated vested death benefits (none available), benefit payment options (except that Retirees and beneficiaries in pay status as of December 31, 2007 will be bound by the retirement benefit payment option previously selected by the Retiree), interest on employee contributions, the grandfathered 415 limit (see Addendum Section 7.29(c)), and termination of disability retirement benefits. 7.6 Effect of New GMEBS Plan Election by 1977 DB Plan Participants (Class 5) If an Employee participant under the 1977 Defined Benefit Plan as of October 1, 2007 elects (affirmatively or by default) to waive certain benefits payable under the terms of the 1977 DB Plan in favor of participation under this Plan (new GMEBS DB Plan): 1) he will be required as part of said election to authorize (or in the case of a default election, he will be deemed to have authorized) the use of all employee contributions made to the 1977 Plan (and accumulated interest thereon) to help fund benefits payable under this Plan; 2) he will be subject to the terms of the GMEBS Master Plan, this Adoption Agreement and Addendum generally, and the plan benefits and features that apply to Class 5 Employees in particular (as reflected in the GMEBS Adoption Agreement and this Addendum); 3) his credited service as determined under the terms of the 1977 Plan in effect immediately prior to January 1, 2008 (as reflected in the records of the Employer and as reported to GMEBS), excluding any periods during which the Employee did not make required contributions to the 1977 Plan or any period for which the Employee has withdrawn or received a refund of employee contributions, will be taken into account under this Plan for purposes of determining the amount of any retirement or death benefit payable to or on behalf of the Employee under this Plan and for purposes of meeting the minimum service requirements for vesting and eligibility for retirement or death benefits applicable to Class 5 Employees; 4) his Credited Service with other GMEBS member employers (apart from Augusta-Richmond County) will be counted in determining whether the Employee has satisfied the minimum service requirements for vesting under this Plan; and 5) if the Employee has previously participated under the old GMEBS Plan, his credited service under the old GMEBS Plan prior to January 1, 2008, if any (excluding any periods for which the Employee did not make employee contributions and provided the Employee has not previously withdrawn or received a distribution of his employee contributions) will be taken into account under this Plan for purposes of determining the amount of any retirement or death benefit payable to or on behalf of the Employee under this Plan and for purposes of meeting this Plan’s minimum service requirements for vesting and eligibility for retirement or death benefits. Attachment number 3 Page 5 of 25 Item # 13 (Amended April, 2009) 6 7.7 Effect of Election to Remain Subject to Certain 1977 DB Plan Provisions (Class 6) If an Employee participant under the 1977 Defined Benefit Plan as of October 1, 2007 elects not to be subject to the terms of new GMEBS Plan that apply to Class 5 Participants: 1) he will continue to be subject to certain plan benefits and features that previously applied under the 1977 Plan (as reflected in the GMEBS Adoption Agreement and Addendum provisions applicable to “Class 6” Employees); 2) employee contributions previously made to the 1977 DB Plan (and accumulated interest thereon) will be used to fund Class 6 benefits payable to the Employee under this Plan; 3) he will be subject to the applicable terms of the GMEBS Master Plan, the Adoption Agreement and this Addendum generally, and the plan benefits and features that apply to Class 6 Employees in particular (as reflected in the GMEBS Adoption Agreement and Addendum), except as otherwise provided in this Section and in Section 7.29 (concerning certain 1977 Plan provisions that will remain in effect for Class 6 Employees) and Section 7.21 (concerning reemployment); 4) his credited service under the 1977 Plan as determined under the terms of the 1977 Plan in effect immediately prior to January 1, 2008 (as reflected in the records of the Employer and as reported to GMEBS), excluding any periods during which the Employee did not make required contributions to the 1977 Plan or any period for which the Employee has withdrawn or received a refund of employee contributions, will be taken into account under this Plan for purposes of determining the amount of any retirement or death benefit payable to or on behalf of the Employee under this Plan and for purposes of meeting the minimum service requirements for vesting and eligibility for retirement or death benefits applicable to Class 6 Employees; 5) his Credited Service with other GMEBS member employers will not be counted in determining whether the Employee has satisfied the minimum service requirements for vesting under this Plan; and 6) if he has previously participated under the old GMEBS Plan prior to January 1, 2008, then his eligibility for early or normal retirement benefits and the amount of any retirement benefit payable with respect to his period of participation under the old GMEBS plan (including cost-of-living adjustments), if any, shall be determined based upon the benefit formula and the other terms of the old GMEBS plan in effect as of the date that he ceased participating in said plan as an active employee, and his final average earnings as of said date, except as otherwise provided below with respect to reemployment. 7.8 New Plan Election by Current GMEBS DB Plan Participants; Generally Employees who are actively employed and who are Participants in Augusta’s GMEBS Defined Benefit Plan as of October 1, 2007 (as reflected in the records of the Employer) shall make a one-time, irrevocable election on a form approved for such purpose and in accordance with the procedures specified in Sections 7.11-7.15 below to either: (1) be subject to the plan benefits and features that apply to current GMEBS Plan participants who elect the new GMEBS Plan (as reflected in the new GMEBS Adoption Agreement and Addendum provisions applicable to Class 1 Employees (public safety employees formerly known as “Class 1” Employees under old GMEBS Plan who elect new GMEBS Plan) and Class 3 Employees (non-public safety employees formerly known as “Class 2” Participants under old GMEBS Plan who elect new GMEBS Plan); or (2) continue to be subject to Attachment number 3 Page 6 of 25 Item # 13 (Amended April, 2009) 7 certain plan benefits and features that applied under the GMEBS Plan prior to January 1, 2008 (as reflected in the new GMEBS Adoption Agreement and Addendum provisions applicable to Class 2 Employees (public safety employees formerly known as “Class 1” Participants under old GMEBS Plan who do not elect new GMEBS Plan) and Class 4 Employees (non-public safety employees formerly known as “Class 2” Participants under old GMEBS Plan who do not elect the new GMEBS Plan). Terminated Employees and former Participants under the GMEBS Plan (as of October 1, 2007) shall not be permitted to make an election and shall be subject to the old GMEBS plan terms and conditions, benefits and features that were in effect as of the person’s termination date (as applicable, depending on the person’s classification under the old GMEBS Plan), except as otherwise provided in Section 7.22 below (concerning reemployment). 7.9 Effect of New Plan Election by Current GMEBS Participants (New Class 1 and Class 3) If an Employee Participant under the GMEBS Plan as of October 1, 2007 elects (affirmatively or by default) to waive benefits payable under the terms of the former GMEBS Plan in favor of benefits payable under the terms of the new GMEBS Plan that becomes effective January 1, 2008: 1) he will be subject to the terms of the GMEBS Master Plan, the Adoption Agreement and this Addendum generally, and the plan benefits and features that apply in particular to Class 1 Employees (public safety Employees formerly known as “Class 1” Employees under old GMEBS Plan who elect new GMEBS Plan) or Class 3 Employees (non-public safety Employees formerly known as “Class 2” Participants under old GMEBS Plan who elect new GMEBS Plan) as applicable and as reflected in the GMEBS Adoption Agreement and this Addendum; and 2) if the Employee has previously participated under the 1977 Plan, his credited service under the 1977 Plan prior to January 1, 2008, if any (excluding any periods for which the Employee did not make employee contributions and provided the Employee has not previously withdrawn or received a distribution of his employee contributions) will be taken into account under this Plan for purposes of determining the amount of any retirement or death benefit payable to or on behalf of the Employee under this Plan and for purposes of meeting this Plan’s minimum service requirements for vesting and eligibility for retirement or death benefits. 7.10 Effect of Old Plan Election by Current GMEBS Participants (Class 2 and Class 4) If an Employee Participant under the GMEBS Plan as of October 1, 2007 elects not to waive benefits payable under the terms of the former GMEBS Plan in favor of benefits payable under the terms of the GMEBS Plan that become effective January 1, 2008: 1) he will be subject to the terms of the GMEBS Master Plan, the Adoption Agreement and this Addendum generally, and the plan benefits and features that apply in particular to Class 2 Employees (public safety Employees formerly known as “Class 1” Employees under old GMEBS Plan who do not elect new GMEBS Plan) or Class 4 Employees (non-public safety Employees formerly known as “Class 2” Participants under old GMEBS Plan who do not elect new GMEBS Plan), as applicable and as reflected in the GMEBS Adoption Agreement and this Addendum; and 2) if he has previously participated under the 1977 Plan prior to January 1, 2008, then his eligibility for early or normal retirement benefits and the amount of any retirement benefit payable with respect to his period of Attachment number 3 Page 7 of 25 Item # 13 (Amended April, 2009) 8 participation under the 1977 Plan (including cost-of-living adjustments), if any, shall be determined based upon the benefit formula and the other terms of the 1977 plan in effect as of the date that he ceased participating in said plan as an active employee, and his final average earnings as of said date. 7.11 Window Period for Election Employees (including elected or appointed members of the Governing Authority) who are eligible to make an election under Section 7.1, 7.5, or 7.8 above must submit a completed, signed election on an Employer-approved form pursuant to any procedures established by the Interim Human Resources Director. The election period shall not exceed forty-five (45) days. Employees who have terminated employment may not make an election. 7.12 Resolution of Election Discrepancies Any discrepancies with regard to the determination of whether an Employee has made an effective election shall be resolved by the Interim Human Resources Director within a reasonable time following the election period. 7.13 Effect of No Election (Default Election) – Participation in New GMEBS DB Plan If a 1998 DC Plan participant, a 1977 DB Plan participant, or a GMEBS Plan participant is eligible to make an election but he fails or refuses to submit a signed election form within the prescribed election period pursuant to any procedures established by the Interim Human Resources Director, the Employee will be deemed to have irrevocably elected to participate under the terms of the new GMEBS DB Plan and he will be subject to the provisions of the Adoption Agreement and this Addendum that apply to Class 1, Class 3, Class 5, or Class 7 Participants, as applicable. 7.14 Death or Termination Prior to Effective Date or Transfer of Account Funds If an Employee elects to transfer to the new GMEBS DB Plan (affirmatively or by default) but he dies, terminates employment, or vacates office prior to January 1, 2008 or before his DC Plan account funds are received by GMEBS, then his election to transfer to the new GMEBS Plan will not be effective and will be considered null and void. 7.15 Employees on Leave of Absence; Election If an Employee participant in the 1998 DC Plan, the 1977 DB Plan, or the GMEBS Plan would otherwise be eligible to make an election but is on an approved leave of absence that includes any part of the election period (and assuming the Employee does not submit an election form before the end of the election period), the Employee will be given the opportunity to make the irrevocable election referred to in Section 7.11 above, if and when Attachment number 3 Page 8 of 25 Item # 13 (Amended April, 2009) 9 the Employee returns to active employment with Augusta immediately upon expiration of said leave of absence. Said election must be submitted by the Employee to the Interim Human Resources Director within one (1) calendar month of the Employee’s return to active employment. If the Employee does not return to active employment with Augusta immediately following expiration of the leave of absence, the Employee will be deemed to have irrevocably elected not to participate under the terms of the new GMEBS DB Plan. If the Employee returns to active employment as an Eligible Regular Employee immediately upon expiration of the leave of absence but does not make an election within one (1) calendar month after return to active employment, the Employee will be deemed to have elected the new GMEBS Plan and will be subject to the terms of the Plan applicable to Class 1, Class 3, Class 5 or Class 7, as applicable. 7.16 Eligible Regular Employees Initially Employed or Reemployed Between October 1, 2007 & January 1, 2008 If an Eligible Regular Employee is initially employed or reemployed after October 1, 2007 and before January 1, 2008, he or she will not be eligible to participate in the 1998 DC Plan. Assuming he meets the applicable requirements for participation in this Plan, the Employee will commence participation in this Plan as of January 1, 2008, and the Employee will begin making employee contributions to the Plan as of January 1, 2008. However, assuming the other terms and conditions of the Plan are satisfied, Eligible Regular Employees who are initially employed or reemployed after October 1, 2007 and before January 1, 2008 and who become Participants in this Plan will receive credit for Service between October 1, 2007 and January 1, 2008, notwithstanding the fact that their employee contributions will not commence until January 1, 2008. 7.17 30-Day Waiting Period for Participation under New GMEBS DB Plan Notwithstanding any provision in the Adoption Agreement to the contrary, effective January 1, 2008 with respect to Eligible Employees initially employed or reemployed on or after said date, there will be a thirty (30) day waiting period for participation under the new GMEBS DB Plan. Eligible Employees shall commence participation in the Plan as of the first day of the month coinciding with or following the date that they satisfy the 30-day waiting period, except as otherwise provided in the Adoption Agreement with respect to Eligible Employees for whom participation is optional and who elect in accordance with the terms of the Adoption Agreement not to participate in this Plan (see “Establishing Participation in the Plan,” Adoption Agreement p. 9). Employee contributions to the Plan shall commence as of the first full payroll period that begins on or after the date that the Employee’s participation in the Plan begins. 7.18 Reemployment of Former 1998 DC Plan Participants after October 1, 2007 (No Election Opportunity); Participation in GMEBS DB Plan; Prior Service Credit Purchase Attachment number 3 Page 9 of 25 Item # 13 (Amended April, 2009) 10 This Section will not apply to any Employee who had an opportunity to make an election under Section 7.1 (active employee election) or 7.15 (election by employees on leave of absence). Except as otherwise provided in Section 7.36(c), if a former 1998 DC Plan Participant is reemployed as an Eligible Regular Employee after October 1, 2007, he will be governed by the terms of the new GMEBS DB Plan applicable to Class 9 Employees. Said Eligible Regular Employees will not receive any credit under this Plan with respect to their Service with Augusta-Richmond County prior to their reemployment date for any purpose (vesting, benefit eligibility, or benefit computation) under this Plan, except as otherwise permitted under Section 7.27 below (concerning service credit purchases). 7.19 Reemployment of DC Plan Participants Who Elect DC Plan; Mandatory Participation in GMEBS Plan If a 1998 DC Plan Participant elects to remain in the DC Plan in accordance with Section 7.1 (active employees) or Section 7.15 (election by employees on leave of absence) above and is later terminated and reemployed by Augusta as an Eligible Employee, he will be governed by the terms of the new GMEBS Plan applicable to Class 9 Employees, notwithstanding his prior election. Said Eligible Employees will not receive any credit under this Plan with respect to their Service with Augusta-Richmond County prior to their reemployment date for any purpose (vesting, benefit eligibility, or benefit computation) under this Plan, except as otherwise permitted under Section 7.27 below (concerning service credit purchases). 7.20 Reemployment of Former 1977 DB Plan Participants after October 1, 2007 (No Election Opportunity); Mandatory Participation in GMEBS DB Plan This Section will not apply to any Employee who had an opportunity to make an election under Section 7.5 (active employee election) or 7.15 (election by employees on leave of absence). Except as otherwise provided in Section 7.36(c), if a former 1977 DB Plan Participant is reemployed as an Eligible Regular Employee after October 1, 2007, he will be governed by the terms of the new GMEBS DB Plan applicable to Class 9 Employees. Said Employees will not receive any credit under this Plan with respect to their Service with Augusta-Richmond County prior to their reemployment date for any purpose (vesting, benefit eligibility, or benefit computation), if they have previously withdrawn their employee contributions to the 1977 DB Plan, except as otherwise permitted under Section 7.27 below (concerning service credit purchases). If returning Eligible Regular Employees have not withdrawn or received a refund of employee contributions made to the 1977 DB Plan prior to their reemployment, they will receive credit under this Plan for credited service under the 1977 Plan relating to said contributions prior to reemployment (the amount of such credited service will be determined based on the records of the Employer as reported to GMEBS), excluding any periods during which the Employee did not make required contributions to the 1977 Plan, provided they satisfy this Plan’s break in service rules, if applicable. Such credit will be taken into account under this Plan for purposes of determining the amount of any retirement or death benefit payable to or on behalf of the Eligible Employee under this Plan and for purposes of meeting the minimum service Attachment number 3 Page 10 of 25 Item # 13 (Amended April, 2009) 11 requirements for vesting and eligibility for retirement or death benefits, unless the Employee later withdraws his employee contributions (see Section 7.34 below). 7.21 Reemployment of 1977 Plan Participants Who Elect Old 1977 Plan If a 1977 DB Plan Participant elects the old 1977 DB Plan in accordance with Section 7.5 (active employees) or Section 7.15 (leave of absence) above and is later terminated and reemployed by Augusta as an Eligible Regular Employee, he will be governed by the terms of the new GMEBS Plan applicable to Class 9 Employees, notwithstanding his prior election. This rule will also apply to a DC Plan participant or GMEBS Plan participant who makes an old plan election (see Section 7.4 and 7.10) if he has credited service prior to January 1, 2008 under the 1977 Plan, for purposes of determining eligibility and entitlement to benefits, if any, with respect to said prior credited service under the 1977 Plan. 7.22 Reemployment of Former GMEBS Participants after October 1, 2007 (No Election Opportunity); Mandatory Participation in New GMEBS DB Plan This Section will not apply to any Employee who had an opportunity to make an election under Section 7.8 (active employee election) or Section 7.15 (election by employees on leave of absence). Except as otherwise provided in Section 7.36(c), if a former GMEBS Plan Participant is reemployed as an Eligible Regular Employee after October 1, 2007, he will he will be governed by the terms of the new GMEBS DB Plan applicable to Class 9 Employees. If returning Eligible Regular Employees have not withdrawn or received a refund of their employee contributions made to the GMEBS Plan prior to their reemployment, they will receive credit under this Plan for Credited Service under the GMEBS Plan prior to reemployment, subject to Section 7.25 below (concerning credit for Service prior to March 1, 1987) and subject to this Plan’s break in service rules, if applicable. If they have withdrawn their contributions prior to reemployment, they will be governed by the provisions of the Master Plan concerning the effect of withdrawal. 7.23 Reemployment of GMEBS Participants who Elect Old GMEBS Plan If a GMEBS Plan Participant elects the old GMEBS Plan in accordance with Section 7.10 (active employee election) or Section 7.15 (election by employees on leave of absence) above and is later terminated and reemployed by Augusta as an Eligible Regular Employee, he will be governed by the terms of the new GMEBS Plan applicable to Class 9 Employees, notwithstanding his prior election. This rule will also apply to a DC Plan participant or 1977 Plan participant who makes an old plan election (see Section 7.4 and 7.7) if he has credited service prior to January 1, 2008 under the old GMEBS Plan, for purposes of determining eligibility and entitlement to benefits, if any, with respect to said prior credited service under the old GMEBS Plan. Attachment number 3 Page 11 of 25 Item # 13 (Amended April, 2009) 12 7.24 Reemployment of Former Participants under 1945, 1949 Plans If a former Participant in the Augusta-Richmond County 1945 Pension Plan or the Augusta-Richmond County 1949 Pension Plan (not including those who became participants in the 1977 Plan prior to January 1, 2008) is reemployed by Augusta- Richmond County as an Eligible Regular Employee after October 1, 2007, he will be governed by the terms of the new GMEBS Plan applicable to Class 9 Employees. His service with Augusta-Richmond County prior to his reemployment date will not be taken into account for any purpose (vesting, benefit eligibility, or benefit computation) under the terms of this Plan, except as otherwise permitted in Section 7.27 below (concerning service credit purchases). 7.25 Classes 1-4; No Credit for Service Prior to Original Effective Date of GMEBS Plan With respect to Participants in Classes 1, 2, 3, and 4, Credited Service does not include Service with Augusta prior to March 1, 1987 (the original effective date of the GMEBS Plan), except to the extent that credit for such service is purchased in accordance with and subject to Section 7.27 below (concerning service credit purchases). However, Service by such Participants prior to March 1, 1987 will be taken into account in determining whether the Participant has met the minimum service requirements for vesting and benefit eligibility under this Plan. This provision will apply regardless of the Participant’s reemployment after January 1, 2008. 7.26 Class 8 Employees; No Credit for Service Prior to January 1, 2008 With respect to Class 8 Employees as described in the Adoption Agreement (p. 7), Service prior to January 1, 2008 will not be taken into account for any purpose under this Plan, except to the extent that credit for such Service is purchased in accordance with and subject to Section 7.27 below (concerning service credit purchases). 7.27 Prior Service Credit Purchase 7.27 (a) Purchase of Credit for Prior Service Not Creditable Under Any Plan; Generally. Subject to the terms and conditions specified in this Section 7.27, Participants in this Plan who are actively employed on or after January 1, 2008 may purchase credit under this Plan for any period of prior full-time service with Augusta-Richmond County (as defined in the Augusta personnel policies and procedures), provided the Service is not otherwise creditable under this Plan or any other Augusta retirement plan (i.e., the Participant has not received and has no potential to receive a retirement benefit or distribution under any Augusta retirement plan, including the GMEBS Plan, that is attributable to such service or attributable to employer contributions made during such service), and provided the other requirements of this Section 7.27 are satisfied. The purchase of prior service credit is permitted but not required under this Plan. Participants may purchase all of their prior service that is eligible for purchase, or only a portion of such service on a pro rata basis. Such purchases will be allowed to the extent permitted by law, subject to any conditions, Attachment number 3 Page 12 of 25 Item # 13 (Amended April, 2009) 13 proofs, or acceptance that the Augusta Human Resources Director and GMEBS deem appropriate. Service credit purchased hereunder will be counted as Credited Service for purposes of computing the amount of benefits payable and meeting the minimum service requirements for vesting and benefit eligibility, except as otherwise provided in this Section or Section 7.34 below (concerning withdrawal of contributions). 7.27(b) Application to Purchase Service Credit. A Participant who wishes to purchase prior service credit may apply for such purchase by completing and submitting to the Human Resources Director an application form provided for such purpose. Participants will be responsible for providing the Human Resources Director with any information or documentation that the Human Resources Director deems necessary to establish that the Participant’s service is eligible for purchase under Section 7.27(a) above. 7.27(c) Annual Window Period for Application: July 1 – August 31. In order to purchase service credit, Participants must submit the application referred to in Section 7.27(b) above within the two-month period beginning July 1 and ending August 31. If a Participant fails to submit a completed application to purchase service credit within the designated window period, the Participant will not be permitted to purchase service credit until the next year’s window period for application. Participants may not apply to purchase service credit after termination of employment. 7.27(d) Human Resources Director’s Confirmation of Service Eligible for Purchase. The Human Resources Director will certify on the Participant’s application to purchase service credit the number of years and months of prior full-time Service that are eligible for purchase under Section 7.27(a) above. 7.27(e) Participant Must Pay Fee for Cost Study. In connection with their application to purchase service credit, Participants may be required to pay a fee (to be set by Augusta- Richmond County) for completion of the cost study to determine the cost to purchase the Participant’s eligible prior service credit. This fee must be submitted with the Participant’s application before the end of the annual window period referred to in Section 7.27(c) above. 7.27(f) Actuarial Study to Determine Cost of Purchase. If the Participant’s application to purchase prior service credit (and the cost study fee) are submitted within the two-month window period for application, and if the Participant’s application to purchase is approved by the Human Resources Director, a cost study will be undertaken as soon as reasonably practicable after the close of the application window period to determine the actuarial cost relating to the Participant’s prior service that is eligible for purchase. 7.27(g) Lump Sum Payment Required Within 120 Days After Receipt of Cost Study Results. Upon completion of the cost study, the Human Resources Director will notify the Participant of the lump sum amount required to purchase prior service credit, as reflected in the cost study. Within 120 days after receipt of said notice, the Participant shall remit said lump sum amount in the form and manner required by Sections 7.27(h)-(j), the Human Resources Director, and GMEBS. The Participant may remit less than the full lump amount necessary to purchase all of the prior service credit which is eligible for Attachment number 3 Page 13 of 25 Item # 13 (Amended April, 2009) 14 purchase, in which case the percentage of service credit awarded will be equal to the percentage of the full amount remitted. The Human Resources Director shall have the authority to extend the 120-day time period for payment of lump sum amounts required to purchase service credit if, for reasons outside the control of the Participant, payment cannot be made within the 120-day period. However, the time limit for payment will not be extended any later than the start of the next annual two-month window period for application (see Section 7.27(c) above). 7.27(h) Method of Payment. To the extent permitted by the Internal Revenue Code and regulations issued thereunder, the lump sum amount referred to in Section 7.27(g) above may be paid via one or more of the following sources: (1) a direct trustee-to-trustee transfer from a 401(a) qualified retirement plan, governmental 457(b) deferred compensation plan or a 403(b) tax sheltered annuity; (2) a qualified rollover from a governmental 457(b) plan, 401(a) qualified plan, 403(a) annuity plan, or a 408(a)(b) individual retirement account or annuity (traditional IRA); or (3) a lump sum contribution of after-tax funds. Participants shall be solely responsible for effecting the payment referred to herein. Participants will not be permitted to purchase credit via payroll deduction. 7.27(i) Limitation on Amount of Lump Sum Payment. If the lump sum amount referred to in Section 7.27(g) is paid via any method other than as described under Section 7.27(h)(1) or 7.27(h)(2) above, then the Participant shall not be permitted to contribute to the plan in any calendar year an amount which exceeds any applicable limit specified in Internal Revenue Code Section 415. 7.27(j) IRC 415, Other Limitations. Notwithstanding any other provision of the Adoption Agreement or this Addendum to the contrary, the Plan will not accept and shall return without interest any contribution (or portion of a contribution) made to purchase service credit if such contribution would result in a violation of the applicable limitations established under Internal Revenue Code §415(b), (c), or (n) or any other provision of law or the Plan, or if it is later determined that the Participant’s prior service is not eligible for purchase, and any prior service credit attributable to said contribution or portion of a contribution will be forfeited. 7.27(k) Return of Contributions. Contributions made to purchase prior service credit shall be used to fund retirement and death benefits payable under the Plan relating to such credit. Contributions shall not otherwise be refundable to the Participant or any other person, except as otherwise provided in Section 7.34 (concerning withdrawal of contributions). 7.27(l) Definition of Actuarial Cost. The cost to purchase qualifying prior service credit shall be determined based upon the actuarial cost of said prior service credit. In applying the provisions of the Adoption Agreement and this Addendum concerning the purchase of prior service credit, and notwithstanding any provision of the Adoption Agreement to the contrary, the term "actuarial cost of prior service credit" means the present value of projected additional benefits relating to such prior service credit, as determined based on factors supplied by the GMEBS actuary and calculated using the actuarial assumptions and methods employed in performing the Employer’s annual plan valuation. Attachment number 3 Page 14 of 25 Item # 13 (Amended April, 2009) 15 7.27(m) Additional Payment for Future Benefit Enhancements. Following adoption by Augusta-Richmond County of a future benefit enhancement, Participants who have previously purchased credit for prior service and who wish to be covered by any such future benefit enhancement under the Plan may be required by Augusta-Richmond County to pay an additional amount equal to the additional actuarial cost attributable to the benefit enhancement (e.g., an increase in the benefit formula) as applied to service credit which has previously been purchased by the Participant. If such additional amount necessary to fund future benefit enhancements is not paid by the Participant within 120 days after the Participant receives notice of the required payment from Augusta-Richmond County and prior to termination of employment, the benefit enhancement will not apply with respect to any period of service credit previously purchased by the Participant. 7.28 Disability Retirement Benefits. Disability retirement benefits under this Plan shall be administered in accordance with the provisions of the GMEBS Master Plan, except as otherwise provided in this Section or Section 7.29 below (concerning disability benefits for Class 6 Participants). If a Participant (other than a Class 6 Participant) is not disabled in accordance with the GMEBS Master Plan Article II, Section 19(a) definition solely because he lacks the quarters of Social Security coverage required to receive disability insurance benefits under the Federal Social Security Act, as amended, Disability shall mean a physical or mental disability of a Participant if the Pension Committee shall determine that he is permanently incapacitated on the basis of a certificate signed by a physician selected and engaged by the Participant, stating that: (1) such Participant is permanently and totally physically or mentally disabled by anatomical, physiological, or psychological abnormalities that are demonstrable by medically acceptable clinical and laboratory diagnostic techniques, so as to be prevented from engaging in any occupation or employment whatsoever for remuneration or profit; (2) such disability commenced on a specified date during the period of the Participant’s employment with Augusta, Georgia; (3) such disability will be permanent and continuous during the remainder of the Participant’s life; and (4) such disability was not self-inflicted, incurred in military service, incurred in the commission of a felonious enterprise, or the result of the use of narcotics or drugs or habitual use of alcohol. The Pension Committee shall have the right to require the Participant who applies for Disability Retirement or who is receiving Disability Retirement benefits to be examined by a physician chosen by the Pension Committee to confirm the Participant’s initial disability or continuation of disability. Should the physician chosen by the Pension Committee not confirm the Participant’s initial disability or continuation of disability, then such physician and the physician selected by the Participant shall select a third physician by mutual agreement, who shall determine finally and unalterably whether the Participant is disabled as defined herein. 7.29 Certain Old 1977 DB Plan Provisions Preserved for Class 6 Participants 7.29(a) Class 6 Interest on Employee Contributions. Notwithstanding any provision of this Plan to the contrary, for Class 6 Participants interest shall be credited on Employee Contributions from the January 1 next following the date of which such Contributions are made until the earlier of: (a) the date of termination of employment for any reason; and (b) Attachment number 3 Page 15 of 25 Item # 13 (Amended April, 2009) 16 the Participant’s Normal Retirement Date, with such interest compounded annually at the rate of 5% per annum. 7.29(b) Class 6 Early Retirement Factors. Notwithstanding any provision of this Plan to the contrary, for Class 6 Participants, the monthly Early Retirement benefit shall be computed in the same manner as the Normal Retirement benefit, but the benefit shall be reduced by 5/12% for each complete month by which the Early Retirement Date of a Participate precedes his Normal Retirement Date or Alternative Normal Retirement Date (age 65, or age 62 if the Participant has 25 years of Credited Service). 7.29(c) Class 6 Disability Retirement 7.29(c)(1) Employment-Connected Disability. A Class 6 Participant may retire with a Disability Retirement benefit under the Plan if he becomes totally and permanently disabled with a “Disability” as defined in GMEBS Master Plan Article II, Section 19 (based on Social Security disability determination, except where Participant has insufficient quarters of Social Security coverage) from a cause arising out of and in the course of employment, as determined by the Pension Committee. If Master Plan Article II, Section 19(b) applies (due to insufficient quarters of Social Security coverage) and the physician chosen by the Pension Committee does not confirm the Participant’s disability, then such physician and the physician chosen by the Participant shall select a third physician by mutual agreement, who shall determine finally whether the Participant is disabled within the definition of GMEBS Master Plan Article II, Section 19(b). Payment of the Disability Retirement benefit to Class 6 Participants shall be governed by the following provisions of this Section 7.29(c), notwithstanding any other provision of the GMEBS Master Plan to the contrary. 7.29(c)(2) Class 6 Non-Admissible Causes of Disability. Notwithstanding anything in this Section 7.29(c) or the Master Plan to the contrary, a Class 6 Participant shall not be entitled to receive any Disability Retirement benefit if the Pension Committee determines that the Participant’s disability is a result of any of the following: excessive and habitual use by the Participant of drugs or narcotics; injury or disease sustained by the Participant while willfully participating in acts of violence, riots, civil insurrections, or while committing a criminal offense; injury or disease sustained by the Participant while serving in any armed forces or as the result of warfare; injury or disease sustained by the Participant after his employment has terminated; injury or disease sustained by the Participant while working for anyone other than Augusta-Richmond County and directly attributable to such employment; or intentional, self-inflicted injury. 7.29(c)(3) Class 6 – Continuing Examination. Once each year after commencement of Disability Retirement benefits, the Pension Committee may require proof of the continued total and permanent disability of the Class 6 Participant. The decision of the Pension Committee on all such questions shall be final and binding. 7.29(c)(4) Class 6 - Amount of Employment-Connected Disability Retirement Benefit. The monthly retirement benefit payable to a Class 6 Participant on his Disability Retirement Date, if he is entitled to an employment-connected disability benefit under Section 7.29(c)(1) above, shall be 1/12 of fifty-percent (50%) of his Final Average Earnings Attachment number 3 Page 16 of 25 Item # 13 (Amended April, 2009) 17 determined as of his Disability Retirement Date, reduced by any monthly payment received under worker’s compensation law (as determined by the Human Resources Director and reported to GMEBS), or if worker’s compensation is paid in a lump-sum payment, the monthly payments otherwise payable to the Participant under the Plan shall be reduced by an amount which equitably adjusts, as determined by the Human Resources Director, for the amount to which the Participant is eligible under worker’s compensation. 7.29(c)(5) Class 6 - Payment of Employment-Connected Disability Retirement Benefit. The retirement benefit to which a Class 6 Participant is entitled in the event of Disability shall be payable on the first day of each month. The first payment shall be made on the Participant’s Disability Retirement Date and the last payment shall be the payment due next preceding the earlier of (a) the Participant’s date of death, or (b) the cessation of his Disability prior to his Normal Retirement Date. The Disability Retirement Date shall be the first day of the month which coincides with or next follows the date the Pension Committee approves payment of the disability benefit. 7.29(c)(6) Class 6 - Termination of Disability Retirement Benefit. If a Class 6 Participant’s Disability ceases prior to his Normal Retirement Date and he does not become reemployed by Augusta-Richmond County within 60 days after his recovery, all rights of the Participant in and to a Disability Retirement benefit shall cease and he shall be entitled to: 1) an Early Retirement benefit, if he had satisfied the requirements for early retirement as of the date on inception of his Total and Permanent Disability, or 2) a Normal Retirement benefit, if he has satisfied the requirements for Normal Retirement. Either such benefit shall be based on his Credited Service and Final Average Earnings as of the date of inception of the Participant’s Disability. If the Participant’s Disability ceases, his employment will be deemed to have been continuous, provided that the period beginning with the first month for which he received a disability payment and ending with the date of reemployment will not be considered as Credited Service for purposes of the Plan. 7.29(c)(7) Class 6 Non-Employment Connected Disability; 5 Year Eligibility Requirement. If a Class 6 Participant becomes Disabled from a cause: (1) not arising out of and in the course of his employment and (2) other than specified in Section 7.29(c)(2) above (concerning non-admissible causes of disability) after the completion of five (5) or more years of Credited Service, he shall be entitled to a Disability Retirement benefit in accordance with Sections 7.29(c)(8)-(10) below. 7.29(c)(8) Class 6 Retirement Date, Proof of Non-Employment Connected Disability. The Disability Retirement Date of a Participant shall be the date defined in Section 7.29(c)(5) above. Proof of Disability shall be the same as that required in Sections 7.29(c)(1)-(3) above. 7.29(c)(9) Class 6 Amount of Non-Employment Connected Disability Benefit; Accrued Benefit. In the case of a non-employment connected Disability, the monthly retirement benefit payable to a Participant on his Disability Retirement Date shall be an amount equal to 1/12 of 1% of his Final Average Earnings multiplied by his Credited Service up to his Disability Retirement Date, reduced by any monthly payment received under worker’s compensation law (as determined by the Human Resources Director and reported to GMEBS), or if worker’s compensation is paid in a lump-sum payment, the monthly Attachment number 3 Page 17 of 25 Item # 13 (Amended April, 2009) 18 payments otherwise payable to the Participant under the Plan shall be reduced by an amount which equitably adjusts, as determined by the Human Resources Director, for the amount to which the Participant is eligible under worker’s compensation. 7.29(c)(10) Class 6 Payment of Non-Employment Connected Disability Benefit; Termination of Benefits. The provisions of Sections 7.29(c)(5) and 7.29(c)(6) above concerning payment and termination of Disability Retirement Benefits shall also apply to Class 6 Participants who are receiving non-employment connected Disability Retirement benefits. 7.29(d) Class 6 Pre-Retirement Death Benefits (In-Service Death Benefits Only; No Terminated Vested Death Benefit) 7.29(d)(1) Class 6 Duty-Connected Death; 25% of Final Average Earnings Payable to Spouse/Minor Children. If the employment of a Class 6 Participant is terminated by reason of his death while actively performing the prescribed duties of his job and not resulting from any misconduct or willful negligence of the Participant, as determined by the Pension Committee, the surviving Spouse as defined in GMEBS Master Plan Article II, Section 56 (if any) of such deceased Participant will receive a monthly benefit equal to 1/12 of twenty-five (25%) of the Participant’s Final Average Earnings as of the date of death. Such benefit will commence on the first day of the month following the last payment of: any monthly benefits provided under state worker’s compensation law (as determined by the Human Resources Director and reported to GMEBS) or if worker’s compensation benefits are paid in lump-sum amount, the last monthly payment which would otherwise be payable if such lump-sum payment is equitably adjusted on the basis of the monthly amount to which the Participant would be entitled under state worker’s compensation law, as determined by the Human Resources Director and reported to GMEBS. The monthly benefit shall be payable until the Spouse of the deceased Participant dies or remarries; provided however, that in the event of the Spouse’s death while a Minor Child or Minor Children (as defined in GMEBS Master Plan Article II, Section 9, except that the age of majority shall be 18) of the deceased Participant survive, the monthly benefit otherwise payable to the Spouse shall continue for the benefit of such Minor Child or Children, in equal monthly shares, until the earlier of marriage, death, or attainment of age 18 as to each child. If the Class 6 Participant does not leave a surviving Spouse but leaves a surviving Minor Child or Minor Children, the legal guardian of such child(ren) shall receive on their behalf the benefit that would have otherwise been payable to the Spouse, divided into equal monthly shares for the surviving Minor Child(ren), and payable until the earlier of marriage, death, or attainment of age 18 as to each child. If no Spouse or Minor Child(ren) survive the deceased Participant, a lump-sum cash amount equal to the total amount of the Participant’s employee contributions with interest shall be paid to the Participant’s Pre-Retirement Beneficiary as determined under the GMEBS Master Plan, or if there is no Pre-Retirement Beneficiary, to the Participant’s estate. 7.29(d)(2) Class 6 Non-Duty Connected Death (Return of Contributions Only). If the employment of a Class 6 Participant is terminated by reason of his death prior to his Normal Retirement Date and such death was not the result of the Participant actively performing the prescribed duties of his job, as determined by the Pension Committee, there shall be payable to his surviving Spouse (as defined in GMEBS Master Plan Article II, Attachment number 3 Page 18 of 25 Item # 13 (Amended April, 2009) 19 Section 56) or, if no Spouse survives the Participant, then to his Pre-Retirement Beneficiary (as determined under the GMEBS Master Plan), a lump-sum cash amount equal to the total amount of the Participant’s employee contributions with interest. If there is no surviving Spouse or Pre-Retirement Beneficiary, said amount will be paid to the Participant’s estate. 7.29(e) Grandfathered 415 Limit for Class 6 and Class 5. In accordance with Internal Revenue Code Section 415(b)(10), notwithstanding any provision of the Master Plan to the contrary, with respect to Class 5 and Class 6 Participants who became participants in the 1977 DB Plan before January 1, 1990, the maximum annual benefit payable in accordance with the IRC 415 benefit limitations contained in the Master Plan shall not be less than such Participant’s Accrued Benefit under this Plan (as determined without regard to any plan amendment made after October 14, 1987). 7.29(f) Vesting for Class 6 and Class 5 Department Heads. A Class 5 or Class 6 Participant who was appointed a department head by Richmond County prior to January 1, 2008 shall be 100% vested, notwithstanding the 5-year vesting requirement otherwise applicable under the Plan. 7.30 Definition of Earnings for Purposes of Determining Employee Contributions and Benefits. For purposes of administering the Plan, “Earnings” shall be as defined in GMEBS Master Plan Article II, Section 22, but shall not include compensation for reimbursed expenses, severance pay, or lump sum vacation pay. 7.31 Benefits Payable As of 1st of the Month for the Month. Notwithstanding any provision of the GMEBS Master Plan to the contrary, retirement benefits (including Normal Retirement, Early Retirement, and Disability Retirement Benefits) and death benefits shall be payable on the first day of the month for the month (rather than the last day). 7.32 COLA Applied as of February 1. Notwithstanding any provision of the GMEBS Master Plan to the contrary, the annual cost-of-living adjustment provided for in the Adoption Agreement will be applied as of February 1 each year (with February payment). The cost-of-living adjustment will otherwise be determined in accordance with the GMEBS Master Plan and the COLA provisions of the Adoption Agreement. 7.33 Interest on Employee Contributions. Except as otherwise provided in the Adoption Agreement and this Addendum with respect to Participants in Classes 2, 4, and 6, employee contributions shall be credited with interest at the rate of 5% per annum, compounded annually. 7.34 Effect of Withdrawal of Employee Contributions. If a Participant terminates Service with Augusta after January 1, 2008 and he withdraws or receives a refund of his employee contributions to this Plan following said termination (including employer and employee contributions transferred to this Plan from the DC plan, any employee contributions made to the 1977 Plan, any employee contributions made under the old or new GMEBS Plan, and/or any contributions made to purchase prior service credit), then the Participant will forfeit for himself, his heirs and assigns all of his rights, title, and interest in the Plan in accordance with Master Plan Article XIII, Section 3, except as otherwise provided in this Attachment number 3 Page 19 of 25 Item # 13 (Amended April, 2009) 20 Section with respect to repayment in the event of reemployment. A partial withdrawal or refund of employee contributions is not permitted. A Participant may not withdraw his employee contributions as long as he remains in Service and he may not borrow against his employee contributions at any time. Notwithstanding any provision of the Master Plan to the contrary, if a Participant withdraws his employee contributions after January 1, 2008, and if he later returns to Service with Augusta as an Eligible Employee, then any service credit or benefit amount forfeited by virtue of the withdrawal or refund may be reinstated, provided that within six (6) months after his reemployment date (or prior to his termination date following reemployment, if earlier), he repays to this Plan in a lump sum any and all amounts previously withdrawn or refunded, plus interest calculated at the rate of 8% per annum. Partial repayment is not permitted. In no event will the time the Participant was absent be taken into account in calculating the amount of any benefit payable under this Plan. Said Participants will also be required to satisfy the break in service requirements of Article IV, Section 6 of the Master Plan, if applicable. 7.35 Public Safety Retirement by Age 70. Public Safety Personnel (as defined on p. 6 of the Adoption Agreement) shall not delay their Retirement beyond age seventy (70). 7.36 Treatment of Classes for Whom Participation is Optional 7.36(a) Initially Employed After October 1, 2007. This provision applies only with respect to the classes for whom participation is optional (see Adoption Agreement pp. 9-10). If an Eligible Employee is initially employed or initially takes office with Augusta-Richmond County (with no prior service for Augusta-Richmond County) as an elected or appointed member of the Governing Authority (member of the Board of Commissioners of Augusta- Richmond County), Administrator, Assistant Administrator, Department Director, Assistant Department Director, or Law Department General Counsel or Law Department staff attorney after October 1, 2007, he must make an irrevocable election whether to participate in this Plan or the DC Plan, (as amended and restated effective January 1, 2008 and subject to any future amendments) in accordance with the 30-day election time limit and other procedures referred to on p. 9 of the Adoption Agreement. If he fails or refuses to make an election within the 30-day time limit, it will be deemed an irrevocable election to participate in this Plan (not the DC Plan). If the Employee is initially employed between October 1, 2007 and January 1, 2008 and he elects (affirmatively or by default) to participate in this Plan rather than the DC Plan, the provisions of Addendum Section 7.16 (concerning commencement of employee contributions and credit for service prior to January 1, 2008) will apply. If he elects (affirmatively or by default) to participate in this Plan rather than the DC Plan, then in the event he terminates or leaves office and later returns to Service with Augusta-Richmond County as an Eligible Employee, he will be required to participate in this Plan upon reemployment, and will be subject to the break in service provisions (if applicable) and other applicable provisions of this Plan concerning reemployment. If he elects to participate in the DC Plan (rather than this Plan) as provided in the Adoption Agreement, then in the event he terminates or leaves office and later returns to Service with Augusta-Richmond County as an Eligible Employee, he will not be able to make a plan election upon his reemployment and he will be required to participate in this Plan, notwithstanding his prior election to participate in the DC Plan. In such case, he will not receive any credit under this Plan with respect to Service with Augusta- Attachment number 3 Page 20 of 25 Item # 13 (Amended April, 2009) 21 Richmond County prior to said reemployment date for any purpose (vesting, benefit eligibility, or benefit computation), except as otherwise permitted under Addendum Section 7.27 above (concerning service credit purchases). 7.36(b) Employed as of October 1, 2007; Return to Service After Election Elected or appointed members of the Governing Authority, the Administrator, Assistant Administrators, Department Directors, Assistant Department Directors, Law Department General Counsel and Law Department staff attorneys who are employed or in office as of October 1, 2007 will be bound by their plan election made (affirmatively or by default) in accordance with and subject to Addendum Sections 7.11-7.15 (unless they are a member of Class 8 in which case participation under the new GMEBS Plan will be mandatory). However, in the event they terminate or leave office after January 1, 2008 and later return to Service with Augusta-Richmond County as an Eligible Employee, they will not be permitted to make a plan election upon return to Service and will be required to participate under the terms of the new GMEBS Plan applicable to Class 9 Employees, notwithstanding any prior election, in the same manner and subject to the same conditions as other Employees who have made an election (affirmatively or by default) during the election period referred to in Section 7.11 (see Addendum Section 7.19, 7.21, or 7.23 as applicable). 7.36(c) Reemployed After October 1, 2007; No Election Opportunity Subject to any applicable election limitations under the Internal Revenue Code, if a former Employee who is not employed as of October 1, 2007 (not including those who have had an election opportunity (See Addendum Sections 7.11, 7.36(a) and 7.36(b) above)) returns to Service with Augusta-Richmond County after October 1, 2007 as an Eligible Employee and as an elected or appointed member of the Governing Authority, Administrator, Assistant Administrator, Department Director, Assistant Department Director, Law Department General Counsel or Law Department staff attorney, he must make an irrevocable election within the 30-day election period referred to on p. 9 of the Adoption Agreement to participate in accordance with and subject to either: 1) the terms of the new GMEBS DB Plan applicable to Class 9; or 2) the DC Plan as amended and restated effective January 1, 2008, subject to any future plan amendments. Said returning Employees who last participated under the 1977 DB Plan may elect to participate under the terms of the new GMEBS DB Plan applicable to Class 6, or the terms of the new GMEBS DB Plan applicable to Class 9, or the DC Plan). If the Employee fails or refuses to make an election within the 30-day time limit, it will be deemed an irrevocable election to participate under the terms of the new GMEBS DB Plan applicable to Class 9. If the Employee elects (affirmatively or by default) to participate in the new GMEBS DB Plan, he will not receive any credit under this Plan with respect to Service with Augusta-Richmond County prior to said return to Service for any purpose (vesting, benefit eligibility, or benefit computation), except as otherwise permitted under Section 7.27 above (concerning service credit purchases). However, the provisions of Addendum Section 7.20 concerning the effect of prior withdrawal or refund of employee contributions shall apply to returning former 1977 DB Plan participants who participate in the new GMEBS DB Plan upon return to Service. The provisions of Addendum Section 7.22 concerning the effect of withdrawal or refund of employee contributions shall apply to returning former GMEBS Plan participants who participate in the new GMEBS DB Plan with respect to employee contributions withdrawn before said return. In the event the Employee terminates or leaves office after making said Attachment number 3 Page 21 of 25 Item # 13 (Amended April, 2009) 22 election, and he later returns to Service with Augusta-Richmond County as an Eligible Employee, he will not be able to make a plan election upon his reemployment and he will be required to participate under the terms of the new GMEBS Plan applicable to Class 9 Employees, notwithstanding any prior election. He will not receive any credit under this Plan with respect to Service while a participant under the DC Plan prior to said reemployment date for any purpose (vesting, benefit eligibility, or benefit computation), except as otherwise permitted under Section 7.27 above (concerning service credit purchases) and the provisions of Section 7.34 (concerning the effect of withdrawal of employee contributions) will apply with respect to those who have previously elected to participate in the new GMEBS DB Plan. 7.37 Treatment of Tax Commissioner’s Office Employees. Employees initially employed or rehired after October 1, 2007 as employees of the Augusta-Richmond County Tax Commissioner’s office will be eligible to participate in this Plan only if they are considered “Regular Employees” as defined in the Augusta-Richmond County Personnel Policies, and only if they meet the GMEBS Master Plan definition of “Employee” and this Plan’s definition of “Eligible Employee.” If the Employee satisfies these requirements, participation in this Plan will be mandatory and the Employee will commence participation in this Plan after he satisfies the 30-day waiting period in accordance with Section 7.17 above. However, if the Employee elects to participate in the Employees Retirement System of Georgia (ERS) within the 180-day time limit (or other prescribed time limit) for said election, then the Employee’s participation in this Plan will be terminated retroactively to the date that participation commenced, and any contributions the Employee made to this Plan will be refunded. Augusta will notify GMEBS if an Employee of the Tax Commissioner’s Office elects to participate in the ERS plan as soon as reasonably practicable after the Employee makes such election. Former Employees of the Augusta- Richmond County Tax Commissioner’s office who are rehired after October 1, 2007 into a department other than Augusta-Richmond County Tax Commissioner’s office shall be governed by the terms of the new GMEBS DB Plan applicable to Class 9 Employees. 7.38 Plan Year Change for GMEBS Plan. Notwithstanding the Plan Year election in the Adoption Agreement, prior to January 1, 2008, the Plan Year for the Employer’s GMEBS defined benefit plan was (1) the twelve (12) month periods beginning each March 1 through the following February 29, ending with February 28, 2007; and (2) the short Plan Year starting on March 1, 2007 and ending on December 31, 2007. 7. 39 IRC 401(a)(17) Limit Applied to Short Plan Year. For purposes of applying the IRC 401(a)(17) limit on annual Earnings that can be taken into account under the GMEBS defined benefit Plan (the Plan), annual earnings means Earnings during the Plan Year or such other consecutive twelve (12) month period over which Earnings are otherwise determined under the Plan (the determination period). The 401(a)(17) cost-of-living adjustment for a calendar year applies to annual earnings for the determination period that begins with or within such a calendar year. For the short Plan Year applicable to the Plan, the annual earnings limit is an amount equal to the otherwise applicable earnings limit, multiplied by a fraction, the numerator of which is the number of months in the short Plan Year, and the denominator of which is twelve (12). Attachment number 3 Page 22 of 25 Item # 13 (Amended April, 2009) 23 7.40 Amendment with Respect to 1977 DB Plan Provisions. Notwithstanding Master Plan Article XVIII, with respect to provisions of the Plan relating to the merged 1977 DB Plan, effective on an after January 1, 2008, the Employer shall have the right at any time to amend the Plan, subject to approval of such amendment by the GMEBS Board; provided, however, that no such amendment shall authorize or permit any part of the Trust Fund to be diverted to purposes other than the exclusive benefit of Participants and their beneficiaries; and further provided, that no amendment shall have the effect of revesting in the Employer an portion of the Trust Fund expect such amounts which remain in Fund after termination of the Plan and after all liabilities under the Plan have been satisfied. 7.41 Actions by Augusta-Richmond County to Facilitate Transfer. Augusta will make every reasonable effort to assure that its staff, contract professionals, and vendors cooperate with GMEBS to facilitate the transfer of assets and plan administration from the 1977 DB Plan and the 1998 DC Plan to GMEBS as of January 1, 2008. Augusta will provide GMEBS with records and information reasonably requested or necessary to facilitate the timely transfer of Plan administration and assets, including but not limited to the following information and records on active employees, terminated employees and beneficiaries: name, address, social security number, birth date, years and months of credited service as of January 1, 2008, accrued monthly normal retirement benefits, employee account balances (including earnings), beneficiary designation forms, retirement or death benefit applications, direct deposit forms, participant tax withholding forms, and 1099 tax reporting information for 2007. In particular with respect to terminated vested participants under the 1977 Plan (as of January 1, 2008), Augusta will provide a listing indicating the amount of each such terminated participant’s accrued normal retirement benefit under the 1977 Plan, and their normal retirement eligibility date. Benefits will be paid to said terminated participants based upon said information (unless the participant returns to Service with Augusta after January 1, 2008). Augusta will also provide GMEBS with the information and documents included in the retirement plan conversion timeline by January 1, 2008, and it will complete any IRS filings that GMEBS reasonably requests in order to protect the 401(a)-qualified status of the GMEBS volume submitter plan or to confirm the 401(a)-qualified status of the new Augusta Adoption Agreement or Addendum. 7.42 Immediate Vesting for Senior Executive Service (SES) Participants; Additional Service Credit for SES Participants in Case of Reduction in Force. 7.42(a) Immediate Vesting for Senior Executive Service (SES) Participants – Notwithstanding any provision in the Adoption Agreement or this Addendum to the contrary, Participants in this Plan who hold a senior executive service position listed subsection 7.42(c) below on or after January 1, 2009 will be considered immediately vested in their accrued normal retirement benefit under this Plan, including any portion thereof that is attributable to non-SES Credited Service (see also AA p. 28). If an individual holds a SES position but is not a Participant in this Plan, this subsection shall not apply. 7.42(b) Additional Service Credit for Certain SES Participants - Notwithstanding any provision in the Adoption Agreement or this Addendum to the contrary and provided the requirements of this subsection 7.42(b) are satisfied, Participants in this Plan who are involuntarily terminated from employment with Augusta-Richmond County due to a layoff Attachment number 3 Page 23 of 25 Item # 13 (Amended April, 2009) 24 or reduction in force on or after January 1, 2009 while holding a senior executive service (SES) position listed in subsection 7.42(c) below will be treated as having an additional five (5) years of Credited Service (in addition to their actual years of Credited Service) for purposes of computing the amount of any retirement or pre-retirement death benefit payable to or on behalf of the Participant under this Plan, and for purposes of meeting the minimum service requirements for retirement and pre-retirement death benefit eligibility under this Plan. In order to be eligible for the additional five (5) years of Credited Service under this subsection 7.42(b), the following requirements must also be satisfied: (1) The Participant’s termination of employment must not be related to the Participant’s conduct, as determined by the Human Resources Director; (2) the Participant must not return to employment with Augusta-Richmond County for at least one (1) year following termination of employment; (3) the Participant must execute any and all waivers and/or releases required by Augusta-Richmond County in connection with the layoff or reduction in force; and (4) the Human Resources Director must provide GMEBS with written certification of the Participant’s eligibility for additional Credited Service under this subsection 7.42. If an individual is not a Participant in this Plan upon termination of employment, this subsection shall not apply. 7.42(c) Senior Executive Service (SES) Positions POSITION DEPARTMENT Director Information Technology Director Board of Elections Director Recreation-Administration Director Human Relations Director Daniel Field Director Animal Control Director Water & Sewer Administration Director Facilities Maintenance – General Government Chief Appraiser Tax Assessor Director Transit Operations Director Public Works – Solid Waste Director Public Works – Highways and Streets Warden Richmond County Correctional Institution Director Human Resources Director Procurement Director Building Inspections Director Emergency Telephone Response Director Community Development Fire Chief Fire Department Director Emergency Management Agency Director Airport-Bush Field Deputy Administrator Administrator Administrator Administrator General Counsel Law Department Disadvantaged Business Enterprise Coordinator Disadvantaged Business Enterprise Equal Employment Opportunity Coordinator Equal Employment Opportunity Clerk of Commission Clerk of Commission Attachment number 3 Page 24 of 25 Item # 13 (Amended April, 2009) 25 The Addendum to the Adoption Agreement previously approved by the Augusta-Richmond County Commission on December 18, 2007 is hereby repealed and shall be superseded by this amended Addendum. The terms of this amended Addendum to the Adoption Agreement are approved by the Augusta-Richmond County Commission this ________ day of _____________, 2009. Attest: AUGUSTA-RICHMOND COUNTY _________________________ ____________________________________ Clerk Mayor (SEAL) Approved: __________________________ City-County Attorney The terms of the foregoing Addendum are approved by the Board of Trustees of the Georgia Municipal Employees Benefit System. IN WITNESS WHEREOF, the Board of Trustees of the Georgia Municipal Employees Benefit System has caused its Seal and the signatures of its duly authorized officers to be affixed this ______ day of __________________________, 20____. Board of Trustees Georgia Municipal Employees Benefit System (SEAL) ____________________________________ Secretary Attachment number 3 Page 25 of 25 Item # 13 THE SEGAL COMPANY 2018 Powers Ferry Road, Suite 850 Atlanta, GA 30339-5003 T 678.306.3100 F 678.306.3190 www.segalco.com Benefits, Compensation and HR Consulting ATLANTA BOSTON CALGARY CHICAGO CLEVELAND DENVER HARTFORD HOUSTON LOS ANGELES MINNEAPOLIS NEW ORLEANS NEW YORK PHILADELPHIA PHOENIX PRINCETON RALEIGH SAN FRANCISCO TORONTO WASHINGTON, DC Multinational Group of Actuaries and Consultants BARCELONA BRUSSELS DUBLIN GENEVA HAMBURG JOHANNESBURG LONDON MELBOURNE MEXICO CITY OSLO PARIS March 13, 2009 Mr. Randy Logan Employee Benefits Counselor Georgia Municipal Association 201 Pryor Street, SW Atlanta, Georgia 30303 RE: Benefit Study for the City of Augusta Dear Randy, As requested, we have developed the impact on plan funding of a benefit improvement for the City of Augusta Retirement Plan to grant five years of additional service to all directors. This service would apply to benefit crediting, vesting and eligibility. We received a list of 17 directors, 12 of which were active in the census data as of November 1, 2008. The data, financial information, assumptions, and plan provisions for the November 1, 2008 valuation were used to develop these results. When determining the Recommended Contribution, the total level dollar amortization is adjusted, if necessary, to be within a corridor of the 10-year and the 30-year amortization of the unfunded/(surplus) actuarial accrued liability. The chart on the following page provides a summary of the impact that adding these changes would have on plan costs and the recommended contribution. If you have any questions or need additional information please let us know. Sincerely, Leon F. (Rocky) Joyner, Jr., FCA, ASA, MAAA, EA Jeanette R. Cooper, FSA, MAAA, EA Vice President and Actuary Consulting Actuary 7088322v1/07074.003 Attachment number 4 Page 1 of 2 Item # 13 2 Current Plan Current Recommended Contribution Recommended Contribution as of November 1, 2008 $2,909,068 Covered Payroll $60,618,181 % of Covered Payroll 4.80% Impact of Benefit Improvement Cost of Benefit Improvement -- % of Covered Payroll -- Total Plan Cost of Benefit Improvement $ Amount (Recommended Contribution + Cost of Benefit Improvement)-- % of Covered Payroll -- Funding Elements Normal Cost with Expenses $1,315,120 Actuarial Value of Assets $48,945,634 Actuarial Accrued Liability $64,678,455 Unfunded Actuarial Accrued Liability $15,732,821 Funded Ratio 75.68% $43,019 $60,618,181 $2,952,087 4.87% 75.21% $65,079,766 $16,134,132 $1,318,637 $48,945,634 0.07% Directors 4.80% $2,909,068 service to City of Augusta Benefit Studies Summary of Results Grant 5 years Attachment number 4 Page 2 of 2 Item # 13 Commission Meeting Agenda 5/5/2009 2:00 PM Homelessness Prevention & Rapid Re-Housing Funds Department:Housing & Community Development Department Caption:Motion to approve the attached Proposed Homelessness Prevention and Rapid Re-Housing Projects and on behalf of the City, authorize the Housing and Community Development (HCD) Department to amend the City’s 2008 Action Plan and submit an application for $927,319 in Homelessness Prevention and Rapid Re-Housing Program (HPRP) Funds to HUD. (Approved by Administrative Services Committee April 29, 2009) Background:On February 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act of 2009. Under this Act, a new program was developed known as “Homelessness Prevention and Rapid Re-Housing Program” (HPRP). As a result, the City will receive $927,319 in HPRP funds to be used for projects that benefit homeless persons and persons at- risk of being homeless to prevent homelessness. Eligible uses of the funds include: Short-term and Medium-term Financial assistance to include payment of rent, utilities, security and utility deposits, moving costs, motel/hotel vouches; Housing Relocation & Stabilization & Rapid Re- Housing to include case management, mediation services, outreach, credit repair services and legal services’ Data Collection on the Homeless & Evaluation; and Administrative costs for administering the grant. The HPRP grant is a three-year grant that commences October 1, 2009 and expires September 30, 2012. All funds must be obligated by September 30, 2009, with 60% of the funds having to be expended in two-years and 100% expended by September 30, 2012. The deadline for submission of the application by the City to HUD is May 18, 2009. On March 30, 2009, the Housing and Community Development (HCD) Department staff conducted a public hearing and started soliciting proposals for projects to fund. As a result of the application process, 14 applications were received totaling $3,029,325.55. Staff is proposing that the attached listing of projects be considered for HPRP funds. (Attachment #1) To apply for the HPRP funds, the City must amend its 2008 Action Plan and allow citizen 12 days to comment on the proposed amendment which outlines the uses of the HPRP funds. In order to meet HUD’s application deadline of May 18, 2009, and have the 12-day citizen’s comment period, HCD had to publish the amendment, along with the proposed projects in the Augusta Chronicle April 13 and the Metro Courier April 14, 2009. The 12-day comment period is April 13 through April 24, 2009. If any citizen’s comments are received, they will be presented to the Administrative Services Committee today (April 29) for consideration. The Committee can consider the comments or accept the comments as information. If Committee approves the proposed projects, they should be presented to the Commission on May 5, 2009, for final approval. Cover Memo Item # 14 Analysis:This is the first time the City has received this large sum of funds for the homeless. The City has the option of applying for the full amount, which is $927,319 or a lesser amount. This is a 3-year grant and it is crucial that the funds be expended by September 30, 2012 or HUD, not the City, will recapture the funds. Financial Impact:These additional funds will allow the City to serve more homeless households and prevent other persons from becoming homeless. Alternatives:None recommended. Recommendation:Approve funding in the amount of $927,319 for the attached HPRP projects, Authorize HCD to Amend the City’s 2008 Action Plan and Authorize Submission of the Application to HUD by approval of the attached Resolution. Funds are Available in the Following Accounts: Application for HPRP funds from HUD. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 14 Attachment #2: Resolution - HPRP RESOLUTION AUTHORIZING SUBMISSION OF AN APPLICATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR $927,319 IN HOMELESSNESS PREVENTION AND RAPID RE-HOUSING FUNDS AND GRANTING THE MAYOR THE AUTHORITY TO GIVE ASSURANCES AND CERTIFICATIONS AS REQUIRED BY THE SECRETARY OF THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND GRANTING THE AUTHORITY TO EXECUTE THE GRANT AGREEMENT FOR PROJECTS AS APPROVED. WHEREAS, Augusta-Richmond County has availed itself of the provisions of the American Recovery and Reinvestment Act of 2009; and WHEREAS, it is necessary to amend the City’s 2008 Action Plan as a prerequisite to receiving Homelessness Prevention and Rapid Re-Housing Program funds after a public hearing has been held and projects suggested by citizens and organizations have been given careful and serious consideration; and WHEREAS, in order to expedite the orderly execution of the assurances, certifications and Grant Agreement, the Mayor is hereby given authority to provide such assurances, certifications and execute the Grant Agreement as required by the Secretary; and WHEREAS, in order to expedite the federal Homelessness Prevention and Rapid Re-Housing Program (HPRP), the Housing and Community Development Department is given the authority to carry out the program as approved by the Augusta-Richmond County Commission; and NOW, THEREFORE, BE IT RESOLVED: That the Mayor and the Housing and Community Development Department be authorized to amend the 2008 Action Plan, prepare and submit the HPRP application, thereto as well as provide the required assurances, certifications, and execution of the Grant Agreement; and BE IT FURTHER RESOLVED: That the Housing and Community Development Department be authorized to carry out the orderly execution of the Homelessness Prevention and Rapid Re- Housing Program as approved by the Augusta-Richmond County Commission in compliance with all applicable law, rules, and regulations. ATTEST: AUGUSTA, GEORGIA BY: ______________________________ David S. Copenhaver Mayor _______________________________ Lena J. Bonner Clerk of Commission CERTIFICATION I, Lena J. Bonner , Clerk of Commission, hereby certify that the above is a true and correct copy of a Resolution as adopted by said AUGUSTA-RICHMOND COUNTY COMMISSION in meeting held on May 5, 2009. S E A L _____________________________ Lena J. Bonner Clerk of Commission Attachment number 1 Page 1 of 1 Item # 14 Attachment number 2 Page 1 of 3 Item # 14 Attachment number 2 Page 2 of 3 Item # 14 Attachment number 2 Page 3 of 3 Item # 14 Commission Meeting Agenda 5/5/2009 2:00 PM Reprogram of $878,108 Department:Housing & Community Development Department Caption:Motion to approve the reprogramming of $878,108 in Community Development Block Grant (CDBG) and HOME Investment Partnerships Funds. (Approved by Administrative Services Committee April 29, 2009) Background: On February 17, 2009, The American Recovery & Reinvestment Act was signed by President Obama and authorized additional Community Development Block Grant (CDBG) funds. As a result, the city is expected to receive an additional $606,372 in CDBG-Recovery funds. The purpose of the funds is to stimulate the economy quickly by creating jobs and economic opportunities. Projects selected should be projects that are “shovel-ready” and can start within 120 days after receipt of the funds. We have several existing CDBG projects we are proposing to fund from the CDBG-Recovery funds. Therefore, we need to release the existing CDBG project funds and reprogram to other projects. In addition, we are proposing to reprogram $300,000 in HOME Housing Counseling funds that we determined should be funded with CDBG funds. We are proposing that funds be reprogrammed FROM the following projects: 1. CDBG FY 2008 Dover/Lyman Commercial Development Acquisition - $200,000 - Justification: The initial purpose of the assistance was to purchase a small commercial shopping center off Deans Bridge Road. Because negotiation for purchase of the property failed, the funds need to be reprogrammed. 2. CDBG FY 2007 Antioch Laney-Walker Enterprise Initiative - $378,108 - Justification: Staff has determined that this project will be funded from CDBG-Recovery funds because it is ready to let for bid as soon as the funds are released. 3. HOME FY 2009 Housing Counseling - $300,000 - Justification: This project will be funded from existing CDBG funds. Projects that funds will be reprogrammed TO: 1. CDBG FY09 Housing Counseling Program $410,000 2. CDBG FY09 Demolition $100,000 3. CDBG FY09 Acquisition $ 68,108 3. HOME FY09 Model House $250,000 4. HOME FY09 Neighborhood Redevelopment Initiative $ 50,000 Total $878,108 This reprogramming of funds will be a substantial change to the City’s Consolidated Plan. In accordance with HUD requirements and the City’s Citizen Participation Policy, any substantial changes to the Consolidated Plan must be presented to the public for a 30-day comment period. If comments are received, they must be presented to the Commission for action. On May 6, 2009, a Public Notice will be published in the newspaper soliciting comments from the public. The deadline for comments Cover Memo Item # 15 will be June 16, 2009. Analysis:Reprogramming of these funds will allow the department to proceed with active projects and expend the funds in a timely manner. Financial Impact:This reprogramming of funds is a reallocation of existing funds. Alternatives:None recommended. Recommendation:Accept the Proposed Reprogramming of $878,108 in CDBG and HOME Funds as Information and Allow Staff to Solicit Public Comments for a 30- day period. After the 30-day comment period (June 5, 2009), staff will return and present to Commission for action the Proposed List of Reprogramming and any public comments received. Funds are Available in the Following Accounts: Existing CDBG & HOME funds. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 15 Attachment – Reprogram List/$878,108 Reprogram 4-29-09 CDBG & HOME Funds to be Reprogrammed - $878,108: Administrative Services Committee – April 29, 2009 Commission – June 16, 2009 FROM: Type Funds Project Name Amount (-) $’s CDBG *Dover Lyman Commercial Acquisition – FY08 - 200,000 CDBG Antioch Laney-Walker Enterprise Initiative – FY07 -378,108 HOME Housing Counseling Program – FY09 -300,000 TOTAL $878,108 TO: Type Funds Project Name Amount (+) $’s CDBG Housing Counseling Program – FY09 +410,000 CDBG Demolition +100,000 CDBG Acquisition + 68,108 HOME Construction of Model House +250,000 HOME Neighborhood Redevelopment Initiative + 50,000 TOTAL $878,108 *Currently have $2,200,000 designated for Dover/Lyman Infrastructure (Public Works - $2,000,000; CDBG - $200,000) Attachment number 1 Page 1 of 1 Item # 15 Commission Meeting Agenda 5/5/2009 2:00 PM CivicPlus Contract Addendum Department:Information Technology Caption:Motion to approve Addendum to CivicPlus Contract. (Approved by Public Safety Committee April 29, 2009) Background:The Augusta Commission approved a contract with CivicPlus for Web Design and Content Management on October 7, 2008. In the course of the implementation of the CivicPlus services, Augusta IT and CivicPlus staff reviewed our business practices and determined that CivicPlus had additional services and products that could meet our needs better than what we originally contracted for. Analysis:The attached contract addendum spells out the requested changes to the original contract with CivicPlus. IT worked with the vendor to exchange services that we would not need for those that we would need, and the end result is that there is no cost impact for these changes to take place. This addendum is being brought before the commission because it entails changes to a document that was approved by the commission and subsequently signed by the mayor. Financial Impact:N/A Alternatives:N/A Recommendation:Approve Addendum to CivicPlus Contract Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Procurement. Information Technology. Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 16 Attachment number 1 Page 1 of 1 Item # 16 Attachment number 1 Page 1 of 1 Item # 16 Attachment number 1 Page 1 of 1 Item # 16 Attachment number 2 Page 1 of 1 Item # 16 Commission Meeting Agenda 5/5/2009 2:00 PM Amended Tax Allocation District Plan Department:Clerk of Commission Caption:Motion to approve a Resolution amending and restating a Resolution creating the Augusta-Richmond County Redevelopment Area and Tax Allocation District Number One - Augusta, so as to adopt an Amended Redevelopment Plan for the area; To make certain findings regarding taxes pledged to finance redevelopment costs; and for other purposes. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 17 Attachment number 1 Page 1 of 3 Item # 17 Attachment number 1 Page 2 of 3 Item # 17 Attachment number 1Page 3 of 3 Item # 17 Commission Meeting Agenda 5/5/2009 2:00 PM Approve Funding for June 16, 2009 Special Election Department:Board of Elections Caption:Approve funding for June 16, 2009 Special Election. Background:The SPLOST Referendum was called by the Board of Elections pursuant to the Resolution passed by the Augusta Commission. Analysis: Financial Impact:$83,290 Alternatives:None Recommendation:Approval Funds are Available in the Following Accounts: Contingency 101101110/6011110 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 18 ELECTION COST WORKSHEET GENERAL ELECTION RUNOFF JUNE 16, 2009 ITEM TOTAL COST Poll Worker Salary 45,000.00 Poll Worker Training 9,000.00 Cell Phones 500.00 Testing of Equipment 3,500.00 Temporary Employees (Daily) 6,000.00 Election Night Workers and Delivery Crew 4,000.00 Security 300.00 Staff Overtime/Comp Hours 0 Custodial Pay 1,150.00 Building Rental 3,400.00 Truck Rental 2,000.00 Printing ± Absentee Ballots 3,500.00 Food 200.00 Mileage 100.00 Board Pay 1,000.00 Advertising 40.00 Postage ± Absentee/Poll Worker 3,600.00 TOTAL ESTIMATED COST $83,290.00 Attachment number 1 Page 1 of 1 Item # 18 Commission Meeting Agenda 5/5/2009 2:00 PM Augusta Branch NAACP Department:Clerk of Commission Caption:Consider a request from the Augusta Branch NAACP for city sponsorship through the purchase of tickets for the Centennial Freedom Fund Banquet. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 19 Attachment number 1 Page 1 of 1 Item # 19 Commission Meeting Agenda 5/5/2009 2:00 PM Consider waiving penalty on 10 outstanding tax bills. Department:Steven Kendrick - Tax Commissioner's Office Caption:Consider a request from Mr. Jugal K. Purohit regarding a waiver of penalty on ten (10) tax bills due to national economic conditions. Background:Mr. Purohit came into this office on March 9, 2009 requesting penalty be waived on 10 tax bills. Analysis:The amount of penalty Mr. Purohit is requesting to be waived is far above authorization of this office. Financial Impact:$12,337.10 - All penalty on all 10 bills. Alternatives:Waive all penalty. Waive a portion of the penalty. Waive none of the penalty. Recommendation:This office has no recommendation. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 20 Attachment number 1 Page 1 of 1 Item # 20 Attachment number 2 Page 1 of 1 Item # 20 Attachment number 3 Page 1 of 1 Item # 20 Attachment number 4 Page 1 of 1 Item # 20 Attachment number 5 Page 1 of 1 Item # 20 Attachment number 6 Page 1 of 1 Item # 20 Attachment number 7 Page 1 of 1 Item # 20 Attachment number 8 Page 1 of 1 Item # 20 Attachment number 9 Page 1 of 1 Item # 20 Attachment number 10 Page 1 of 1 Item # 20 Attachment number 11 Page 1 of 1 Item # 20 Commission Meeting Agenda 5/5/2009 2:00 PM Contract with Shields DESIGN LLC Department:Administrator Caption:Motion to approve a contract with Shields DESIGN LLC to work with staff in the creation of an overall Augusta Development Agenda. Background:Mr. Shields was formerly principal partner with ICON Architecture Inc. who recently completed the 2009 Downtown Master Plan for Augusta Tomorrow. The proposal is for Mr. Shields, in corroboration with ICON and other partners, to refine the 2009 Comprehensive Plan prepared by the Augusta Richmond County Planning Commission and create plans in varying levels of detail for five large “neighborhood planning areas”, develop detailed plans for eight “prototype projects”, and move Augusta toward a more orderly process of growth management. If approved this project could begin in late May or June and be completed in 14 months. Analysis:I see Augusta at a breakout point with the assets of its location, economic base and ideal size now complimented with its newfound political stability. Now is the time for us (Commissioners, planners and citizens) to form a new vision for Augusta, complemented with plans and projects to implement the vision. John Shields has a proven international background in this work, he is very familiar with Augusta and he is very enthusiastic about working with Commissioners, citizens and planners to create these visions, plans and projects. Financial Impact: Alternatives:Staff of the Planning Commission could do this work over the course of three years. Recommendation:Approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Cover Memo Item # 21 Administrator. Clerk of Commission Cover Memo Item # 21 Commission Meeting Agenda 5/5/2009 2:00 PM FPL Food LLC Department:Clerk of Commission Caption:Consider a request from FPL Food, LLC regarding a waiver of interest and/or penalties on their 2008 property taxes. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 22 Attachment number 1 Page 1 of 7 Item # 22 Attachment number 1 Page 2 of 7 Item # 22 Attachment number 1 Page 3 of 7 Item # 22 Attachment number 1 Page 4 of 7 Item # 22 Attachment number 1 Page 5 of 7 Item # 22 Attachment number 1 Page 6 of 7 Item # 22 Attachment number 1 Page 7 of 7 Item # 22 Attachment number 2 Page 1 of 2 Item # 22 Attachment number 2 Page 2 of 2 Item # 22 Commission Meeting Agenda 5/5/2009 2:00 PM Historic Resources Survey Contract Department:Clerk of Commission Caption:Motion to approve a contract with Jordan, Jones and Goulding to develop the Historic Resources Survey, Phase I, of the Harrisburg-West End Historic District. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 23 Attachment number 1 Page 1 of 13 Item # 23 Attachment number 1 Page 2 of 13 Item # 23 Attachment number 1 Page 3 of 13 Item # 23 Attachment number 1 Page 4 of 13 Item # 23 Attachment number 1 Page 5 of 13 Item # 23 Attachment number 1 Page 6 of 13 Item # 23 Attachment number 1 Page 7 of 13 Item # 23 Attachment number 1 Page 8 of 13 Item # 23 Attachment number 1 Page 9 of 13 Item # 23 Attachment number 1 Page 10 of 13 Item # 23 Attachment number 1 Page 11 of 13 Item # 23 Attachment number 1 Page 12 of 13 Item # 23 Attachment number 1 Page 13 of 13 Item # 23 Commission Meeting Agenda 5/5/2009 2:00 PM Request from Olin Corp. for refund of penalty and interest. Department:Steven Kendrick - Tax Commissioner Caption:Consider a request by the Olin Corporation that penalty and interest be refunded on 5 2008 tax bills. Background:The Tax Commissioner received a letter from Olin Corporation dated April 2, 2009 (copy included with this agenda item) explaining the issues that led up to penalty and interest being charged. The letter states that Olin Corp. has never been late on any of these bills in the past and that is true with the exception of one of the bills, and that happened to be the result of a returne mail issue (quickly corrected) in 2005. Analysis:The refund of penalty and interest far exceeds the authorization of this office. Financial Impact:$36,266.50 - Penalty $10,879.95 - Interest Alternatives:Waive all penalty & interest. Waive a portion of both. Waive one or the other. Waive none of the penalty or interest. Recommendation:This office has no recommendation. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 24 Attachment number 1 Page 1 of 1 Item # 24 Attachment number 2 Page 1 of 1 Item # 24 Attachment number 3 Page 1 of 1 Item # 24 Attachment number 4 Page 1 of 1 Item # 24 Attachment number 5 Page 1 of 1 Item # 24 Attachment number 6 Page 1 of 1 Item # 24 Attachment number 7 Page 1 of 1 Item # 24 Attachment number 8 Page 1 of 1 Item # 24 Attachment number 9 Page 1 of 1 Item # 24 Attachment number 10 Page 1 of 1 Item # 24 Commission Meeting Agenda 5/5/2009 2:00 PM TEE Center and Laney-Walker Redevelopment Plans Department: Caption:Discuss/approve the Tee Center and Laney-Walker Redevelopment Plan(s). (Requested by the Administrator) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 25 Commission Meeting Agenda 5/5/2009 2:00 PM Acquision of Right-of-Way and Easement Marvin Griffin Road Improvement Project Department:Engineering Department Caption:Motion to approve an Option for the purposes of acquiring a Right-of-Way between Dunn & Vaiden, Inc., as owner, and Augusta, Georgia, as optionee, in connection with the Marvin Griffin Road Improvement Project, (N/A sq. ft.) in fee and (67 sq. ft.) of permanent construction and maintenance easement, and (601 sq. ft.) of temporary construction easement from the property located at 1803 Marvin Griffin Road, private, at the purchase price of $66.00. (Approved by Engineering Services Committee April 29, 2009) Background:The property owner has agreed to convey a certain option for easement to Augusta, Georgia, for the Marvin Griffin Road Improvement Project. Analysis:The purchase of the referenced property is necessary for the project. Financial Impact:The costs necessary for this purchase will be covered under the project budget. Alternatives:Deny the Motion Recommendation:Approve the Motion Funds are Available in the Following Accounts: FUNDS AVAILABLE IN THE FOLLOWING ACCOUNT(S) 323041110- 5411120 296823215-5411120 REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 26 Attachment number 1 Page 1 of 1 Item # 26 Attachment number 2 Page 1 of 1 Item # 26 Commission Meeting Agenda 5/5/2009 2:00 PM Acquisition of Right-of-Way and Easement Alexander Drive Project Department:Law Department Caption:Motion to approve an Option for Right-of-Way between Yonghua Du & Jiakun Jin, as owners, and Augusta, Georgia, as optionee, in connection with the Alexander Drive Project, for 0.111 acre (4,820.80 sq. ft in fee and N/A permanent construction & maintenance easement for the property located at 2503 Carriage Creek for a purchase price of $26,000.00. (Approved by Engineering Services Committee April 29, 2009) Background:The property owners have agreed to convey the right-of-way to Augusta, Georgia, for the Alexander Drive project. Analysis:The purchase of the referenced property is necessary for the project. Financial Impact:The costs necessary for this purchase will be covered under the project budget. Alternatives:Deny the motion to approve the purchase of the referenced property. Recommendation:Approve the motion to purchase of the referenced property. Funds are Available in the Following Accounts: Funds available in following accounts (s): 3230411110-5411120, 296823215-5411120 REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 27 Item # 27 Item # 27 Attachment number 1 Page 3 of 4 Item # 27 Attachment number 1 Page 4 of 4 Item # 27 Commission Meeting Agenda 5/5/2009 2:00 PM Acquisition of Right-of-Way and Easement Marvin Griffin Road Improvement Project Department:Engineering Department Caption:Motion to approve an Option for the purposes of acquiring a Right-of-Way between Applied Industrial Technologies-Dixie, Inc., as owner, and Augusta, Georgia, as optionee, in connection with the Marvin Griffin Road Improvement Project, (1,024 sq. ft.) in fee and (1,873 sq. ft.) of permanent construction and maintenance easement from property located at 1719 Marvin Griffin Road, private, at the purchase price of $900.00. Also granted is one temporary driveway easement. (Approved by Engineering Services Committee April 29, 2009) Background:The property owner has agreed to convey a certain right-of-way and easement to Augusta, Georgia, for the Marvin Griffin Road Improvement Project. Analysis:The purchase of the referenced property is necessary for the project. Financial Impact:The costs necessary for this purchase will be covered under the project budget Alternatives:Deny the Motion Recommendation:Approve the Motion Funds are Available in the Following Accounts: FUNDS AVAILABLE IN THE FOLLOWING ACCOUNT(S) 323041110- 5411120 296823215-5411120 REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 28 Attachment number 1 Page 1 of 2 Item # 28 Attachment number 1 Page 2 of 2 Item # 28 Commission Meeting Agenda 5/5/2009 2:00 PM Acquisition of Right-of-Way and Easement Willis Foreman Road Bridge Project Department:Engineering Department Caption:Motion to approve an Option for the purposes of acquiring a Right-of-Way between Marcia F. Brinkman, Mollie A. Brinkman, Melissa B. Fountain, Jeff Taylor, Patricia Ann Taylor, Thomas J. Taylor, Jr., Dorothy Taylor, as Trustee, Jennifer T. Hammett, Greg Brinkman, Patricia Ann Taylor, as Trustee, as owner(s), and Augusta, Georgia, as optionee, in connection with the Willis Foreman Road Bridge Project, (8,372 sq. ft.) in fee and (N/A sq. ft.) of permanent drainage, utility and maintenance easement from property located at 4514 Windsor Spring Road, private, at the purchase price of $1,084.00. Also granted is one temporary construction easement. (Approved by Engineering Services Committee April 29, 2009) Background:The property owner(s) have agreed to convey a certain right-of-way and easement to Augusta, Georgia, for the Willis Foreman Road Bridge Project. Analysis:The pruchase of the referenced property is necessary for the project. Financial Impact:The costs necessary for this purchase will be covered under the project budget. Alternatives:Deny the Motion. Recommendation:Approve the Motion. Funds are Available in the Following Accounts: FUNDS AVAILABLE IN THE FOLLOWING ACCOUNT(S) 324-04- 1110-52.12122 207824001-52.12122 324-04-1110-54.11120 207824001- 54.11120 REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 29 Attachment number 1 Page 1 of 1 Item # 29 Attachment number 2 Page 1 of 1 Item # 29 Attachment number 3 Page 1 of 1 Item # 29 Attachment number 4 Page 1 of 1 Item # 29 Attachment number 5 Page 1 of 1 Item # 29 Commission Meeting Agenda 5/5/2009 2:00 PM Application Submittal for Main Interceptor –Phase I to GEFA Department:Utilities Caption:Motion to authorize Augusta Utilities Department to submit an application to the Georgia Environmental Facilities Authority (GEFA) for the Main Interceptor - Phase I Project under the American Recovery and Reinvestment Act of 2009 (ARRA) appropriated by Congress. (Approved by Engineering Services Committee April 29, 2009) Background:The Augusta Utilities Department recently received notice that three of the projects submitted for consideration to the Georgia Environmental Facilities Authority (GEFA) allotment under the American Recovery and Reinvestment Act of 2009 (ARRA) and the 2009 Title VI allotment appropriated by Congress have been deemed acceptable and placed on a Fundable Priority List. The three projects listed on the Fundable Priority List were: Butler Ck Interceptor Upgrade - Phase I Butler Ck Interceptor Upgrade - Phase II Main Interceptor - Phase I In accordance with GEFA guidelines, only one project can be advanced in the process. In order to maximize the benefits, the Main Interceptor Project is being recommended. Analysis:The application process and ultimately funding of projects is dependent on project readiness and the projects ability to proceed expeditiously. Financial Impact:This agenda item is for informational purposes. No funds are being requested at this time. Alternatives:No alternatives are recommended. Recommendation:We recommend the Commission authorize the Augusta Utilities Department to submit an application to the Georgia Environmental Facilities Authority (GEFA) for the Main Interceptor - Phase I Project. Funds are Available in the Following Accounts: This agenda item is for informational purposes. No funds are being requested at this time. REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 30 Commission Meeting Agenda 5/5/2009 2:00 PM Approve construction contract to Blair Construction, Inc. for construction of the Horsepen Phase 2-A Sewer System Department:Augusta Utilities Department Caption:Motion to approve a contract with Blair Construction Inc. for services associated with construction of the Horsepen Phase 2-A Project in the amount of $1,297,718.53. Bid item #09-090 (Approved by Engineering Services Committee April 29, 2009) Background:The Utilities Department desired to provide sanitary sewer service to an un- sewered pocket in the Horsepen area of South Richmond County. An engineering design contract was awarded to Johnson Laschober and Associates to design the project which provides more than 17,000 linear feet of sanitary sewer system to the Horsepen area. This project is needed to provide much needed sewer service to the Horsepen area of South Richmond County. Analysis:Blair Construction Company submitted an acceptable bid package and was the lowest responsive bidder. The Utilities Department, with the supporting recommendation of the design engineering firm, Johnson Laschober and Associates (JLA) desires to award this contract to construct the Horsepen Phase 2-A Project to Blair Construction Company. Financial Impact:$1,297,718.53 from the 2002 Bond Issue, under account number 510043420-5425210/80250202-5425210 Alternatives:1. Reject all bids, which would delay the project and the construction of the sewer system for the Horsepen area. 2. Award the contract to Blair Construction Company for construction of the new sewer system project. Recommendation:We recommend approving the contract with Blair Construction Inc. in the amount of $1,297,718.53 for the construction of the Horsepen Phase 2-A Project. Funds are Available in the Following Accounts: $1,297,718.53 from account 510043420-5425210/80250202-5425210 REVIEWED AND APPROVED BY: Finance. Cover Memo Item # 31 Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 31 Item # 31 Item # 31 Item # 31 Item # 31 Item # 31 Item # 31 Item # 31 Attachment number 4 Page 1 of 3 Item # 31 Attachment number 4 Page 2 of 3 Item # 31 Attachment number 4 Page 3 of 3 Item # 31 Attachment number 5 Page 1 of 4 Item # 31 Attachment number 5 Page 2 of 4 Item # 31 Attachment number 5 Page 3 of 4 Item # 31 Attachment number 5 Page 4 of 4 Item # 31 Item # 31 Invitation To Bid Sealed bids will be received at this office until 3:00 p.m., Tuesday, April 14, 2009 for furnishing: Bid Item #09-090 Horsepen Phase 2-A Sewer System for Utilities 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 examined at the office of the Augusta, GA Procurement Department, 530 Greene Street – Room 605, Augusta, GA 30911. Plans and specifications for the project shall be obtained by all prime, subcontractors and suppliers exclusively from Augusta Blue Print. The fees for the plans and specifications which are non-refundable is $150.00 Documents may also be examined during regular business hours at the Augusta Builders Exchange, 1262 Merry Street, Augusta, GA 30904; F. W. Dodge Plan Room, 1281 Broad Street, Augusta, GA 30901. It is the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate this policy the Owner is providing the opportunity to view plans online (www.augustablue.com) at no charge through Augusta Blue Print (706 722-6488) beginning Thursday, February 26 2009. Bidders are cautioned that submitting a package without Procurement of a complete set are likely to overlook issues of construction phasing, delivery of goods or services, or coordination with other work that is material to the successful completion of the project. Bidders are cautioned that sequestration of documents through any other source is not advisable. Acquisition of documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. A Mandatory Pre-Bid Conference will be held on Tuesday, March 24, 2009 @ 10:00 a.m. in the Procurement Department – Room 605. 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. All questions are to be submitted in writing by Thursday, March 26, 2009 by 3:00 p.m. No Bid may be withdrawn for a period of 60 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 are material conditions of the package. 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. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle February 26, March 5, 12, 19, 2009 Metro Courier March 4, 2009 cc: Tameka Allen Interim Deputy Administrator Drew Goins Utilities Department Jerry Delaughter Utilities Department Stanley Aye Utilities Department Attachment number 7 Page 1 of 1 Item # 31 Commission Meeting Agenda 5/5/2009 2:00 PM Award Contract for Replacement of MB Cooling Tower Fill Department:Public Services Department - Facilities Management Division Caption:Motion to approve the award of the contract, in the amount of $41,790.00, to replace the fill on the Municipal Building Cooling Tower to sole responsive bidder, Trane U.S., Inc. (Approved by Engineering Services Committee April 29, 2009) Background:The cooling tower on the Municipal Building was replaced in 1985. The fill, which lines the cooling fins, deteriorates with age and must be replaced. The original fill needs to be replaced to preserve this important component of the system and restore operating efficiency. Analysis:Bid Item #09-059A was issued through the Procurement Department. Several firms attended the mandatory pre-bid conference. Trane U.S., Inc. was the sole responsive bidder. Financial Impact:The cost of the contract is $41,790.00, to be funded from SPLOST Phase III, Account #323-04-6211/296-05-0050. Alternatives:1. Approve the award of the contract, in the amount of $41,790.00, to replace the fill on the Municipal Building Cooling Tower to sole responsive bidder, Trane U.S., Inc. 2. Do not approve the award. Recommendation:#1. Approve the award of the contract, in the amount of $41,790.00, to replace the fill on the Municipal Building Cooling Tower to sole responsive bidder, Trane U.S., Inc. Funds are Available in the Following Accounts: Funded by SPLOST III, Account #323-04-6211/296-05-0050. REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 32 Attachment number 1 Page 1 of 1 Item # 32 Ve n d o r s : Tr a n e 33 4 2 C o m m e r c e D r i v e Au g u s t a , G A 3 0 9 0 9 D& L I n d u s t r i a l 17 4 8 D i x o n A i r l i n e R o a d Au g u s t a , G A 3 0 9 0 6 Ca r r i e r 21 2 1 N e w m a r k e t P a r k w a y Ma r i e t t e , G A 3 0 0 6 7 Am e r i c a n C o o l i n g T W R 64 1 1 M a p l e A v e n u e We s t M i n i s t e r , C A 9 2 6 8 3 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 Ye s Co n f l i c t o f I n t e r e s t Ye s Bi d F o r m Ye s Co n t r a c t o r A f f i d a v i t & Ag r e e m e n t Ye s Su b c o n t r a c t o r A f f i d a v i t & Ag r e e m e n t Ye s 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 Ye s 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 Ye s Lo c a l S m a l l B u s i n e s s Go o d F a i t h E f f o r t s Ye s Lo c a l S m a l l B u s i n e s s Su b c o n t r a c t o r / S u p p l i e r Ut i l i z a t i o n P l a n Ye s Bi d B o n d Ye s Bi d A m o u n t $4 1 , 7 9 0 . 0 0 Ex c e p t i o n s N o t e d Re - B i d I t e m # 0 9 - 0 5 9 A Co o l i n g T o w e r F i l l 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 - P u b l i c S e r v i c e D e p a r t m e n t - F a c i i t i e s M a i n t e n a n c e D i v i s i o n Re - B i d O p e n i n g D a t e : F r i d a y , A p r i l 3 , 2 0 0 9 a t 1 1 : 0 0 a . m . Ve n d o r S u b m i t t e d N o B i d Re s p o n s e Attachment number 2 Page 1 of 1 Item # 32 Attachment number 3 Page 1 of 1 Item # 32 Item # 32 Commission Meeting Agenda 5/5/2009 2:00 PM Motion to Approve and Accept Procter & Gamble Option and Easement Deed Department:Augusta Utilities Department Caption:Motion to approve and accept Procter & Gamble Option and Easement Deed for the Butler Creek Interceptor Improvements East Project. (Approved by Engineering Services Committee April 29, 2009) Background:The Augusta Utilities Department will be making improvements to the Butler Creek sanitary sewer trunk pipeline between Doug Barnard Parkway and Mike Padgett Highway. Quite a large portion of the pipeline traverses property owned by Procter & Gamble. Analysis:In order to construct improvements, AUD will need to obtain an easement from Procter & Gamble. Procter & Gamble agreed to accept the appraised value for the easement. Financial Impact:$29,008.00 Alternatives:Find an alternative route for the sanitary sewer, or do not make improvements. Recommendation:Approve and accept the Option and Easement Deed from Procter & Gamble. Funds are Available in the Following Accounts: G/L 511043420-5411120 J/L 80360107-5411120 REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 33 AUGUSTA, GEORGIA SANITARY SEWER EASEMENT DEED PROJECT: 60107 – Butler Creek Interceptor Improvements East PARCEL IDENTIFICATION NUMBER: 134-0-005-00-0 ADDRESS: 3464 Mike Padgett Hwy. THIS INDENTURE made and entered into this ___ day of __________ 2008, between The Procter & Gamble Manufacturing Company, an Ohio corporation, hereinafter referred to as OWNER, and Augusta, Georgia, a political subdivision under the laws of Georgia, hereinafter referred to as AUGUSTA; WITNESSETH, that Owner, for and in consideration of the sum of ONE DOLLAR ($1.00) in hand and truly paid by Augusta at and before the sealing and delivery of these presents, and other valuable consideration, the receipt whereof is hereby acknowledged, has granted, bargained, sold, conveyed and confirmed, and by these presents does grant, bargain, sell, convey and confirm unto Augusta, its successors and assigns, an easement in perpetuity under, across and through the hereinafter described parcel of land. Said easement consists of 117,375 Square Feet, more or less, as shown on a plat prepared by W R Toole Engineers, Inc., dated August 22, 2007, attached hereto and made a part hereof, to which reference is made for a more accurate and complete description of the metes, bounds and courses, and being solely for the purpose of laying, relaying, installing, extending, operating, repairing and maintaining pipelines for sanitary sewer service, the same hereinafter being referred to as the “Project.” Owner does also grant unto Augusta a temporary construction easement consisting of 56,750. Square Feet, more or less, as shown on said plat. Said easement is granted together with the right to dig such trenches in said parcel of land as may be necessary for the Project, to pile thereon the material excavated, and to haul pipe, supplies and equipment connected with the construction and maintenance thereof, over, along and across the said parcel of land. Said temporary easement is granted only for the aforementioned purposes and shall expire at the completion and final acceptance of the Project by Augusta. Owner does also grant, bargain, sell and convey unto Augusta, its successors and assigns, the right, but not the duty to clear, and keep clear, all trees, undergrowth and other obstructions from said permanent easement, along with the free right of ingress and egress to and from said permanent easement for this purpose and all other purposes stated herein. Owner does agree that no other utilities may be constructed within the aforesaid easement in perpetuity except by written permission of the Augusta Utilities Department. Augusta does agree that no other work beyond that specified in this agreement will be conducted as part of the Project without the prior written approval of Owner. Owner, its successors, heirs, assigns and legal representatives, after the completion of this Project, shall have the right to use said parcel of land in any manner not inconsistent or interfering with the rights herein granted, excluding, however, the right to plant thereon any trees or other vegetation that may interfere with the laying, relaying, installing, extending, operating, repairing and maintaining of the sanitary sewer pipelines and the right to erect, construct or maintain thereon any buildings, structures, or other permanent improvements. After completion of construction and testing, Augusta agrees that it will instruct the project contractor to smooth out the ground and seed with grass, within the easement areas. Augusta shall restore Owner’s property to its preexisting condition or such other condition as Owner and Augusta may agree upon the completion of the construction and testing of this pipeline. Augusta shall have an ongoing obligation to maintain, at its sole cost and expense, the pipelines installed within the easement areas and any related equipment or improvements within the easement areas. Augusta shall be liable for and shall pay for all damages, to the extent caused by its employees, contractors, or agents, in connection with the laying, relaying, installing, extending, operating, repairing and maintaining of the pipelines or any related equipment or improvements within the easement areas. To the extent of the laws of Georgia, Augusta shall indemnify and hold Owner harmless from any and all loss, costs, damages, claims, actions or liability arising from Augusta’s (or Augusta’s employees, agents or contractors) exercise of the rights herein granted, except to the extent such loss, costs, damages, claims, actions or liability is caused solely by the fault, failure or negligence of Owner. Augusta agrees that its employees, contractors or agents and/or their equipment, materials or supplies shall not block any of the roads or driveways that allow vehicular traffic to enter or exit Owner’s facility. Attachment number 1 Page 1 of 2 Item # 33 Augusta shall give Owner at least five (5) business days notice, by contacting Johnny Crawley at 706-796-4100, in advance of any construction activity in the easement areas so that Owner can arrange to have a representative present during the construction, if so desired. If Augusta wishes to publicly release (other than as required by any federal, state or local statute, law, rule, regulation or ordinance) any information in connection with the Project, it will first allow Owner to review and comment on the content of such information and will make every reasonable effort to take Owner’s concerns into consideration. Should there be an injury suffered on the site of the work, Augusta agrees that it will not publicly release any pictures, film or video footage of Owner’s property without Owner’s express written consent (except to the extent that such release is required by federal, state or local statute, law, rule, regulation or ordinance). TO HAVE AND TO HOLD the aforesaid rights, ways, easements, privileges and appurtenances unto Augusta, its successors and assigns, in perpetuity. And Owner, its successors, heirs, assigns and legal representatives shall and will forever warrant and defend unto Augusta, its successors and assigns, the rights, ways, easements privileges and appurtenances conveyed herein, against the claim of any person or persons whomsoever. IN WITNESS WHEREOF, Owner has set its hand and seal, the day and year first above written. Signed, Sealed and Delivered in the presence of: The Procter & Gamble Manufacturing Company _________________________________ By: ______________________________________ Witness As Its: ___________________________________ _________________________________ Notary Public, _____________ County, State of ___________ My Commission Expires: ____________________ Attest: ____________________________________ As Its: ____________________________________ Augusta, Georgia _________________________________ By: ______________________________________ Witness As Its: ___________________________________ _________________________________ Notary Public, _____________ County, State of ___________ My Commission Expires: ____________________ Attest: ____________________________________ As Its: ____________________________________ Attachment number 1 Page 2 of 2 Item # 33 Commission Meeting Agenda 5/5/2009 2:00 PM Notification of Augusta Canal Users of Possible Need to Curtail Water Use Department:Utilities Caption:Motion to advise the Augusta Commission of the possible need to notify certain users of the Augusta Canal to curtail water usage due to ongoing drought. (Approved by Engineering Services Committee April 29, 2009) Background:The Augusta Utilities Department advised the Commission, in October 2008, of the need to notify certain users of the Augusta Canal to curtail water usage due to a shortage of water in the Savannah River system resulting from the ongoing drought. At that time, AUD advised that the Canal user being asked to cease withdrawing water was Avondale Mills, Inc. At that same briefing, we also noted that if drought persisted, other Canal users would be affected and would be required to curtail as well. In November 2008, the U S Army Corps of Engineers reduced the releases of flows from Thurmond Dam from 3600cfs to 3100cfs. Although the flows in the river have returned to 3600cfs that flow rate is not sufficient for the demands of all the mills and the water necessary to provide water for the public water system as the demands increase through the summer months. Analysis:As the demand for the public water increases in the upcoming summer months, the flows allocated to the Augusta Canal users will not be sufficient for all users assuming the Corps of Engineers limits the flows in the Savannah River due to the ongoing drought. In accordance with contracts with the canal water users, Augusta has precedence over use of all other users. In order of curtailment, the first user to be restricted will be Avondale Mills, Inc., the second will be Enterprise Mill, LLC and the third will be Standard Textile Augusta, Inc. Financial Impact:This agenda item is for informational purposes. No funds are being requested. Alternatives:No alternatives are recommended. Recommendation:We recommend the Commission be advised of the possible need to notify certain users of the Augusta Canal to curtail water usage due to ongoing drought. Funds are Available in the Following Accounts: This agenda item is for informational purposes. No funds are being requested.Cover Memo Item # 34 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 34 Commission Meeting Agenda 5/5/2009 2:00 PM Ordinance Amendment- multi-family dwelling Department:Law Caption:Motion to approve an ordinance to amend Augusta-Richmond County, Ga. Code, Section 5-2-45 to clarify multi-family dwelling water and sewer rates; to repeal all ordinances and parts of ordinance in conflict herewith; and for other purposes. (Approved by Commission April 21, 2009 - second reading) Background:On February 3, 2009, Augusta-Richmond County Commission approved clarification of multi-family dwelling water and sewer rates. Analysis:The February 3, 2009 approved clarification of the multi-family dwelling water and sewer rate needs to be incorporated into the Augusta, GA CODE by adoption of the attached ordinance. Financial Impact:AUD states there will be no additional cost. Alternatives:1. Approve clarification of multi-family dwelling water and sewer rates. 2. Do not approve the agenda item. Recommendation:Approve motion to amend Code for clarification of multi-family dwelling water and sewer rates. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 35 ORDINANCE NO._______ AN ORDINANCE TO AMEND AUGUSTA-RICHMOND COUNTY, GA. CODE, TITLE FIVE, SECTION 5-2-45 TO CLARIFY MULTI-FAMILY DWELLING WATER AND SEWER RATES; TO REPEAL ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES. WHEREAS, Augusta-Richmond County, Georgia desires to update and amend the Augusta- Richmond County, Ga. Code to clarify multi-family dwelling water and sewer rates; BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY, GA. COMMISSION AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME, that the Augusta- Richmond County, Ga. Code be amended as follows: SECTION 1. The Augusta-Richmond County, Ga. Code, Title Five, Section 5-2-45 is hereby amended by adding a new subparagraph (f) to read as follows: (f) Multi-family dwellings with a water meter size of one (1) inch or greater are considered commercial accounts for billing purposes, regardless of the type of entity that is being billed. SECTION 2. This Ordinance shall become effective immediately upon adoption. SECTION 3. All Ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed. SECTION 4. Should any section, provision or clause of any part of this Ordinance be declared invalid or unconstitutional, or if the provisions of any part of this Ordinance as applied to any particular situation or set of circumstances be declared invalid or unconstitutional, such invalidity shall not be construed to affect portions of this Ordinance not so held to be invalid, or the application of this Ordinance to other circumstances not so held to be invalid, it is hereby Attachment number 1 Page 1 of 3 Item # 35 declared as the intent that this Ordinance would have been adopted had such invalid portion not been included herein. Adopted this ____ day of April, 2009. ___________________________ David S. Copenhaver As its Mayor Attest: ______________________________ Lena J. Bonner, Clerk of Commission Seal: Attachment number 1 Page 2 of 3 Item # 35 CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta-Richmond County, Ga. 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: ________________________ Attachment number 1 Page 3 of 3 Item # 35 Commission Meeting Agenda 5/5/2009 2:00 PM Rock Creek/Warren Lake Restoration CSA/CPB 041609 Department:Abie L. Ladson, PE, CPESC, Director of Engineering Caption:Motion to award Design Consultant Services Agreement to Cranston Engineering Group, P.C in the amount of $136,611 and approve CPB 322- 041110-207822001 on the Rock Creek/Warren Lake Restoration Project to be funded from the project engineering account for the Engineering Department. (Approved by Engineering Services Committee April 29, 2009) Background:Warren Lake drainage improvement project is an identified funded project to address Rock Creek Basin siltation and associated Augusta Canal water quality improvements. As development occurred in the basin the flow from Rock Creek through the lake has increased. At some point in time the discharge structure and a section of the berm between the AugustaCanal and the lake was blown out leaving the lake in its current condition. The lake has filled with sediments over time and no longer functions as a trap. The flow from Rock Creek now passes through lake and poses a siltation and water quality threat to the adjacent Augusta Canal. Lake needs to be dredged and siltation should be controlled and maintained at the lake’s head. Analysis:The following firms were evaluated based on qualifications, project approach, experience, and schedule on February 12, 2009. The following firms submitted RFQs and were evaluated: 1. DuSouth Consultants, Inc. 2. Stevenson & Palmer 3. Watts & Browning 4. W. K. Dickerson 5. Cranston Engineering 6. W. R. Toole Johnson, 7. Laschober & Associates Cranston Engineering Group, P.C. was selected based on the evaluation procedures used for this project. Financial Impact:Funds are available in the project engineering account 322-041110 IMPACT 5212115/207822001-5212115 based upon Commission approval. Alternatives:Award Design Consultant Services Agreement to Cranston Engineering Group, P.C in the amount of $136,611 and approve CPB 322-041110- 207822001 on the Rock Creek/Warren Lake Restoration Project to be funded from the project engineering account for the Engineering Department. 2) Do not approve, and risk losing control of a vital quality water improvement project. Recommendation:approve alternative one Funds are Available in the Following 322-041110-5212115/207822001-5212115 Cover Memo Item # 36 Accounts: REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 36 Augusta-Richmond County, Georgia CAPITAL PROJECT BUDGET ROCK CREEK/WARREN RESTORATION Capital Project Budget is hereby authorized: Section 1: This project is authorized to CPB#322-041110-207822001. Warren Lake Drainage Improvement project is an identified and partially funded project to address Rock Creek Basin siltation and associated Augusta Canal water quality improvements. Funding is available in the project Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. Special 1% Sales Tax, Phase II $1,200,000 Section 3: The following amounts are appropriated for the project: By Basin By District CPB#322-041110-207822001 BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the following Engineering account 322-041110-207822001-5212115 in the amount of $136,611. By Basin By District Varies $1,200,000 2nd $1,200,000 Section 4: Copies of this Capital Project Budget shall be made available to the Comptroller for direction in carrying out this project. Adopted this ____________________ day of ______________________. Approved ____________________________________________________________ Original-Commission Council Office Copy-Engineering Department Copy-Finance Department Copy-Procurement Department Honorable Deke Copenhaver, Mayor 1 of 2 June 18, 2007 Attachment number 1 Page 1 of 2 Item # 36 Augusta-Richmond County, Georgia CAPITAL PROJECT BUDGET ROCK CREEK/WARREN RESTORATION CPB#322-041110-207822001 CPB AMOUNT CPB NEW SOURCE OF FUNDS CPB CHANGE CPB SPECIAL 1% SALES TAX, PHASE II 322-04-1110-292822444 ($1,200,000) TOTAL SOURCES:($1,200,000) USE OF FUNDS ENGINEERING 322-04-1110-5212115-207822001 $300,000 STORM DRAINAGE 322-04-1110-5414710-207822001 $900,000 TOTAL USES:$1,200,000 2 of 2 June 18, 2007 Attachment number 1 Page 2 of 2 Item # 36 REQUEST FOR PROPOSALS Request for Proposals will be received at this office until Thursday, February 12, 2009 @ 3:00 p.m. RFP ITEM #09-020 Design Engineering Dredging Warren Lake for Augusta Engineering Department RFPs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 RFP documents may be examined at the office of the Augusta, GA Procurement Department, 530 Greene Street – Room 605, Augusta, GA 30901. All questions must be submitted in writing to the office of the Procurement Department by Tuesday, January 27, 2009 @ 3:00 p.m. by fax at 706-821-2811 or by mail. No RFP 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 RFP 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 RFP number on the outside of the envelope. Bidders are cautioned that sequestration of RFP documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFP documents from unauthorized sources places 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 December 31, 2008 and January 8, 15, 22, 2009 Metro Courier January 14, 2009 cc: Tameka Allen Interim Deputy Administrator Abie Ladson Augusta Engineering Hameed Malik Augusta Engineering Attachment number 3 Page 1 of 1 Item # 36 Vendors: Original 6 Copies Fee Proposal Addendum DuSouth Consultants, Inc. 22 Barnett Shoals Road Watkinsville, GA 30677 YES YES YES YES Arcadis 2849 Paces Ferry Road, Suite 400 Atlanta, GA 30339 Stevenson & Palmer Engineering, Inc. 360 Bay Street, Suite 400 Augusta, GA 30901 YES YES YES YES EMC Engineering Services, Inc. 23 East Charlton Street Savannah, GA 31412 Thomas & Hutton Engineering Co. 50 Park of Commerce Way P.O. Box 2727 Savannah, GA 31402 URS Corporation 400 Northpark Town Center 1000 Abernathy Road, NE Atlanta, GA 30328 Watts & Browning Engineers, Inc. 5582 Peachtree Road Atlanta, GA 30341 YES YES YES YES W.K. Dickson 1450 Greene Street, Suite 225 Augusta, GA 30901 YES YES YES YES Zel Engineers 435 Telfair Street Augusta, GA 30901 Cranston Engineering 452 Ellis Street Augusta, GA 30901 YES YES YES YES W.R. Toole Engineers 1005 Broad Street, Suite 200 Augusta, GA 30901 YES YES YES YES Johnson, Laschober & Associates 1296 Broad Street P.O. Box 2103 Augusta, GA 30903 YES YES YES YES Non-Compliant LSB (Good Faith Effort did not sign/date) Non-Compliant Did Not Return SubContractor Affidavit & Agreement or Non-Collusion Affidavit of Subcontractor RFP Item #09-020 Design Engineering Dredging Warren Lake For the City of Augusta - Engineering Department RFP Opening Date: Thursday, February 12, 2009 at 3:00 P.M. Non-Compliant Subcontractor Affidavit Incomplete LSB Forms (Did not sign/date) Non-Compliant LSB Forms (Did not na/sign/date) Non-Compliant Contractor Affidavit & Agreement (Notary Seal) Attachment number 4 Page 1 of 1 Item # 36 Attachment number 5 Page 1 of 1 Item # 36 Attachment number 6 Page 1 of 5 Item # 36 Attachment number 6 Page 2 of 5 Item # 36 Attachment number 6 Page 3 of 5 Item # 36 Attachment number 6 Page 4 of 5 Item # 36 Attachment number 6 Page 5 of 5 Item # 36 Attachment number 7 Page 1 of 2 Item # 36 Attachment number 7 Page 2 of 2 Item # 36 Commission Meeting Agenda 5/5/2009 2:00 PM Roof Replacement for the Cushman Building @2822 Central Ave. Department:Utilities Caption:Motion to authorize award of bids for the roof replacement for the Cushman Building at 2822 Central Ave to the lowest responsive bidder, Young’s Roofing and Painting, Inc., in the amount of $180,384.00. (Approved by Engineering Services Committee April 29, 2009) Background:The roof at the Cushman Building at 2822 Central Ave. has deteriorated to the point to where replacement in needed. This facility services at the location for the northern section of the Construction and Maintenance Division of Augusta Utilities. This location also service as a warehouse facility. Analysis:The Purchasing Department recently received bids on the roof replacement. The Utilities Department and the Procurement Department have reviewed the information submitted and recommend the lowest responsive bidder. Listed below is the lowest responsive bidder as determined by the Utilities and Procurement Departments. 1.Young’s Roofing and Painting, Inc. $ 180,384.00 2. Roof Craft System Non-compliant 3. Skyline Construction Services Non-compliant 4. Rycars Construction Non-compliant Financial Impact:Funds for the project are included in the 2009 Operating Budget, under account number 506043520-5413120. Alternatives:No alternatives are recommended. Recommendation:We recommend the Commission authorize the award for the roof replacement for the Cushman Building at 2822 Central Ave to the lowest responsive bidder Young’s Roofing and Painting, Inc. in the amount of $180,384.00. Funds are Available in the Following Accounts: 506043520-5413120. REVIEWED AND APPROVED BY: Finance. Procurement. Cover Memo Item # 37 Law. Administrator. Clerk of Commission Cover Memo Item # 37 Attachment number 1 Page 1 of 1 Item # 37 Attachment number 2 Page 1 of 1 Item # 37 Invitation To Bid Sealed bids will be received at this office until Tuesday, October 16, 2007 @ 3:00 p.m. Bid Item #07-169 Roof Replacement for the Warehouse/Office @ 2822 Central Ave. for Utilities Department BID’s will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30911 706-821-2422 BID documents may be obtained at the office of Augusta, GA Procurement Department, 530 Greene Street – Room 605, Augusta, GA 30911. Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. A mandatory pre-bid meeting will be held on Wednesday, October 3, 2007 @ 10:00 a.m. in Room 605 of the Procurement Conference Room. All questions must be submitted in writing to the office of the Procurement Department by Fax at 706-821-2811 or by mail. All questions should be submitted to Procurement no later than 3:00 p.m. on Friday, October 5, 2007. No bid will be accepted by fax, all must be received by mail or hand delivered. 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 September 6, 13, 20, 27, 2007 Metro Courier September 12, 2007 cc: Tameka Allen Interim Deputy Administrator Max Hicks Utilities Department Russell Thies Utilities Department Brian Richards Utilities Department Bud Hamlin Utilities Department Attachment number 3 Page 1 of 1 Item # 37 Modern Roofing and Metal Works 1241 Gordon Park Rd Augusta, GA 30901 Henry Boykin Metal Works, Inc. 3592 Marlboro Way Augusta, GA 30907 Armour 3004 Riverwatch LN Augusta, GA 30907 Thomson Roofing 2292 Washington Rd Thomson, GA 30824 Dodge Plan Room - Augusta Digital Blueprint LLC/Dodge 1281 Broad Street GA, 30901 Covington Contracting Services 4746 Old Post Rd Evans, GA 30809 Southern Roofing and Insulators 811 5th Street Augusta, GA 30901 Balls Enterprise Attn. John Bares 721 Eve Street Augusta, GA 30904 Johnson Everett Roofing and Construction 1524 University Parkway Aiken, SC 29801 Faith Roofing and Waterproofing 2369 Mount Olivet Church Road Fleming, GA 31309 Hawkins Roof 531 West Buena Vista North Augusta, SC 29841 Bone Dry Roofing Company P.O. Box 7756 Athens, GA 30604 Kenner & Son, Inc. 860 Buddy Moore Road Colbert, GA 30628 Lovelace Roofing & Metal Works 3850 Washington Road Suite 4 Martinez, GA 30907 Forbes Improvement 3906 Wrightsboro Road Augusta, GA 30909 Klein Contracting Corp Attn. Amanda Cruz 2395 Pleasantdale Rd, Suite10 Doraville, GA 30340 I & E Specialties, Inc. 141 Riverchase Way Lexington, SC 29072 Attn: Jimmie Laney Commercial Roof 125 Trade Street Bogart, GA 30622 Attn: Jason Tolbert AGC Builders Exchange Plan Room 1940 The Exchange #300 Atlanta, GA 30339 Attn: Rita Cross Murton Roofing of SC 2430 Morning Side Drive West Columbia, SC 29169 Attn: Scott Bowen Skyline construction 996 Milledgeville Road’ Eatonton, GA 31024 Attn: Steve Johnston Forbes Impound 3906 Wrightsboro Road Augusta, GA 30909 Attn: Peter Greb Ellie Hazel Augusta Utilities Bay Street Max Hicks Augusta Utilities Bay Street Russell Thies Augusta Utilities Bay Street Brian Richards Augusta Utilities Central Avenue Bud Hamlin Augusta Utilities Central Avenue Mailed Bid 07-169 Roof Replacement for Warehouse/Office @ 2822 Central Ave. Thurs. 9/6/07 Attachment number 4 Page 1 of 1 Item # 37 Attachment number 5 Page 1 of 1 Item # 37 Commission Meeting Agenda 5/5/2009 2:00 PM Street Lighting Request 04/16/09 Department:Engineering/Traffic Caption:Motion to approve Street Lighting Resolution Creating Street Lighting District. (Approved by Engineering Services Committee April 29, 2009) Background:The Engineering Department has been petitioned by the citizens requesting street lighting in their neighborhood pursuant to a 1971 Commission Resolution authorizing the creating of Street Lighting Districts. The petitioners agree to pay for all costs associated with the installation, ongoing maintenance and energy. Analysis:Currently, street lighting is non-existing in these areas. Street lighting has been an effective measure to increase pedestrian and vehicular safety, assist in crime prevention, and to promote businesses and community pride. Financial Impact:Street Lighting Districts are funded by a self supporting fund. Street Lighting charges vary based on the type lighting requested or required, billable front footage, and light wattage and spacing. Costs for the subject districts follow: 342 Hill Haven $1.15/Ft Alternatives: Recommendation:Approve Item Funds are Available in the Following Accounts: 2760416105233111/Legal Advertising REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 38 Commission Meeting Agenda 5/5/2009 2:00 PM wb water and sewer rate amendment Department:Law Department Caption:Motion to approve an Ordinance to amend Augusta-Richmond County, Ga. Code, Sections 5-2-45(b) to clarify and amend the monthly residential sewer rates; to repeal all ordinances and parts of ordinances in conflict herewith; to provide an effective date; and for other purposes. (Approved by the Commission April 21, 2009 - second reading) Background:On February 3, 2009, Augusta-Richmond County Commission approved clarification of monthly residential sewer rate. Analysis:The February 3, 2009 approved clarification of the monthly residential sewer rate needs to be incorporated into the Augusta, GA CODE by adoption of the attached code amendment ordinance. Financial Impact:AUD states there may be nominal cost to AUD for implementation of billing software changes for this policy and revenue may decrease slightly as a result of the change. However, AUD feels it is more important to make the billing policies fair to all customers. Alternatives:1. Approve clarification of monthly residential sewer rates. 2. Do not approve the agenda item and allow the current policy to continue as is stated in the Code. This will cause some of AUD’s customers to pay larger sewer bills than the AUD policy was intended to dictate. Recommendation:Approve motion to amend Code for clarification of monthly residential sewer rates. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 39 ORDINANCE NO._______ AN ORDINANCE TO AMEND AUGUSTA-RICHMOND COUNTY, GA. CODE TITLE FIVE, SECTION 5-2-45(b) TO CLARIFY AND AMEND THE MONTHLY RESIDENTIAL SEWER RATES; TO REPEAL ALL ORDINANCES AND PARTS OF ORDINANCE IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE RATE;AND FOR OTHER PURPOSES. WHEREAS, Augusta-Richmond County, Georgia desires to update and amend the Augusta- Richmond County, Ga. Code to clarify the monthly residential sewer rates; BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY COMMISSION AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME, that the Augusta-Richmond County, Ga. Code be amended as follows: SECTION 1. The Augusta-Richmond County, Ga. Code, Title Five, Section 5-2-45(b) is hereby amended and restated as follows: (b) Effective April 1, 2009, the monthly residential sewer rate shall be charged based on the lesser of the actual water usage for the month or average water usage for that address from the previous December, January and February billing cycles. SECTION 2. This Ordinance shall become effective immediately upon adoption. SECTION 3. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. SECTION 4. Should any section, provision, or clause of any part of this Ordinance be declared invalid or unconstitutional, or if the provisions of any part of this Ordinance as applied to any particular situation or set of circumstances be declared invalid or unconstitutional, such invalidity shall not be construed to affect portions of this Ordinance not so held to be invalid, or the application of this Ordinance to other circumstances not so held to be invalid, it is hereby Attachment number 1 Page 1 of 3 Item # 39 declared as the intent that this Ordinance would have been adopted had such invalid portion not been included herein. Adopted this ____ day of April, 2009. ___________________________ David S. Copenhaver As its Mayor Attest: ______________________________ Lena J. Bonner, Clerk of Commission Seal: Attachment number 1 Page 2 of 3 Item # 39 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: ________________________ Attachment number 1 Page 3 of 3 Item # 39 Commission Meeting Agenda 5/5/2009 2:00 PM Minutes Department:Clerk of Commission Caption:Motion to approve the minutes of the regular meeting of the Commission held on April 21, 2009. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 40 Commission Meeting Agenda 5/5/2009 2:00 PM Board of Health Department: Caption:Consider the following recommendtions from the Richmond County Medical Society for the appointment of one (1) to the Richmond County Board of Health. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 41 Attachment number 1 Page 1 of 1 Item # 41 Commission Meeting Agenda 5/5/2009 2:00 PM Community Service Board Department: Caption:Consider the recommendations for appointment to the Community Service Board. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 42 Attachment number 1 Page 1 of 2 Item # 42 Attachment number 1 Page 2 of 2 Item # 42 Commission Meeting Agenda 5/5/2009 2:00 PM Stella Nunnally Department: Caption:Motion to approve the reappointment of Ms. Stella Nunnally to the Community Service Board. (Requested by Commissioner Betty Beard) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 43 Commission Meeting Agenda 5/5/2009 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 Item # 44