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HomeMy WebLinkAbout2010-06-15-Meeting Agenda Commission Meeting Agenda Commission Chamber 6/15/2010 5:00 PM INVOCATION: Reverend Samuel T. Solomon, Jr. Pastor Thankful Baptist Church. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. RECOGNITION(S) Employee of the Month Award A. Mr. Ronald Crowden, Fleet Manager, Fleet Operations Department. Attachments Human Resources Department B. Georgia Local Governmental Personnel Association's "Large Agency Award" to Augusta-Richmond County. Attachments South Augusta Marching Unit C. South Augusta Marching Unit (S.A.M.U.) in recognition of their 10th Anniversary of providing service to the youth of Augusta, Georgia. (Requested by Mayor Pro Tem Alvin Mason) Attachments Five (5) minute time limit per delegation DELEGATIONS D. Mr. Ross Snellings. RE: Friends of the Municipal Golf Course "The Patch" Attachments E. Mr. Peter Knollmeyer, Vice President of Strategic Planning, Savannah River Nuclear Solutions LLC. (Requested by Commissioner Joe Bowles) Attachments CONSENT AGENDA (Items 1-25) PLANNING 1. Z-10-39 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by Jerry Reynolds, on behalf of Security Federal Bank requesting a change of zoning from Zone P-1 (Professional) to Zone R-1E (One-family Residential) affecting property containing .32 acres and known as 846 and 850 Heard Avenue. (Tax Map 035-3-345-00-0 and 035-3-346-00-0) DISTRICT 1 Attachments 2. Z-10-36 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by Irene Hill requesting a change of zoning from Zone R-1C (One-family Residential) to Zone R-1E (One-family Residential) affecting property listed below: Tract A - contains approximately 2 acres and consists of six tax parcels that are known as 2210-12 and 2214-16 Lumpkin Road; 2901-03, 2905-07 and 2909-11 Jackson Street ; and 2901-03 and 2905-07 Jefferson Street. (Tax Map 109-2-017-00-0, 109-0-016-00-0, 110-1-021-00-0, 110-1-022-00-0, 110-1-023-00-0, 109-2-018-00-0 and 109-2-019-00-0) DISTRICT 6 Tract B - contains approximately 3.23 acres and consists of eleven tax parcels that are known as 2913-15, 2917-19, 2921-23, 2925-27, 2929-31, 2933-35, and 2937-39 Jackson Street and 2902-04, 2906-08, 2910-12 and 2914-16 Jefferson Street. (Tax Map 109-2-048- 00-0, 109-2-049-00-0, 109-2-050-00-0, 109-2-051-00-0, 109-2-052-00-0, 109-2-053- 00-0, 109-2-054-00-0, 109-2-058-00-0, 109-2-057-00-0, 109-2-056-00-0 and 109-2- 055-00-0) DISTRICT 6 Attachments 3. Z-10-37 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by Mark Pope requesting a change of zoning from Zone B-2 (General Business) to Zone R-1B (One-family Residential) affecting property containing .24 acres and is known as 3111 Mike Padgett Highway. (Tax Map 111-3-063-00-0) DISTRICT 6 Attachments 4. Z-10-34 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by Emily Galloway requesting a Special Exception to establish a Family Personal Care Home per Section 26-1 (H) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing approximately .21 acres and is known as 2820 Butler Manor Drive. (Tax map 119-0-424-00-0) DISTRICT 2 Attachments 5. Z-10-18 – A request for concurrence with the Augusta Richmond County Planning Commission to approve with the following conditions 1) the only use of the property be an ambulance substation or those uses allowed in a B-1 (Neighborhood Business Zone) and 2) a 6 foot chain link fence with motion detected illumination be allowed around the rear of the property; a petition by Frank Lindley, on behalf of Gold Cross EMS, requesting a change of zoning from Zone B-1 (Neighborhood Business) to Zone B-2 (General Business) affecting property containing .28 acres and is known as 900 Baker Avenue. (Tax Map 045-1-071-00-0, 045-1-071-01-0 and 045-1-072-00- 0) . DISTRICT 1 Attachments 6. Z-10-30 – A request for concurrence with the Augusta Richmond County Planning Commission to approve with the following conditions 1) an access driveway to River Road in Burke County be constructed and utilized for all shipments to Burke County before any mining begins; 2) a 50 foot vegetative buffer be constructed and maintained around the property except for that area designated by the petitioner on the site plan presented with this petition where a 100 foot vegetative buffer shall be constructed and maintained; and 3) no truck traffic on Flake Road; a petition by Warlick, Tritt, Stebbins and Murray LLP, on behalf of Jerry T. Ashmore Jr., requesting a Special Exception to allow the excavation of mineral deposits per Section 26-1 (Q) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing approximately 400 acres and located 1,400 feet, more or less, east of where the south end of Bennock Mill Road intersects the CSX railroad line. (Tax Map 700-0-004-01-0) DISTRICT 8 Attachments 7. Z-10-31 - A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by Nexsen Pruett LLC, on behalf of Winston H Sibley Jr., requesting a Special Exception to establish a telecommunication tower per Section 28-A of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property that consists of a .23 acre prospective tower compound which is part of a tract that contains 104 acres located 536 feet, more or less, southwest of the southwest right-of-way line of Richdale Road and being 237 feet, more or less, northwest of the northwest right-of-way line of Monte Carlo Drive. (part of Tax Map 132-0-012-12-0) DISTRICT 4 Attachments 8. Z-10-32 – A request for concurrence with the Augusta Richmond County Planning Commission to approve with the condition that there be no access to Crawfordville Drive; a petition by Alex R. Monroe, on behalf of The Christian City of Praise, requesting a Special Exception to establish a church, that was previously approved in 2004 (Z-04-30), per Section 26-1 (A) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing 24.62 acres and is known as 1510 Halton Road. (Tax Map 052-4-005-00-0 ). DISTRICT 3 Attachments 9. Z-10-33 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by Marie A. Alvarez requesting a Special Exception to establish a Family Personal Care Home per Section 26-1 (H) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing approximately 1 acre and is known as 1406 Hephzibah McBean Road. (Tax Map 336-0-037-00-0) DISTRICT 8 Attachments PUBLIC SERVICES 10. Motion to approve New Ownership Application: A. N. 10 - 32: request by Hemante Phutane for a retail package Beer & Wine license to be used in connection with SIMI 414, Inc. DBA C - Mart located at 3403 Mike Padgwett Highway. District 6. Super Attachments District 10. (Approved by Public Services Committee June 7, 2010) 11. Motion to approve the award of a Fireworks display contract to Zambelli Fireworks, Inc. in the amount of $20,000 for the July 4th Celebration. (Approved by Public Services Committee June 7, 2010) Attachments 12. Motion to approve a professional services agreement for A/E services associated with improvements to The Boathouse Community Building to Virgo Gambill Architects for $24,000. (Approved by Public Services Committee June 7, 2010) Attachments 13. Motion to proceed with the elimination of Bus Route 15 - Medical Complex. (Approved by Public Services Committee June 7, 2010) Attachments ADMINISTRATIVE SERVICES 14. Motion to approve the Augusta-Richmond County revised forest fire protection agreement and fiscal year 2011 invoice in the amount of $11,012. (Approved by Administrative Services Committee June 7, 2010) Attachments 15. Motion to approve the execution of a Quit-Claim Deed between the City of Augusta for License and Inspection Department, Code Enforcement Division, Richmond County Tax FIFA (Grantor) and Lester Laughinghouse (Grantee) regarding the transfer of liens on property at 1128 Florence Street. (Approved by Administrative Services Committee June 7, 2010) Attachments PUBLIC SAFETY 16. Motion to approve contract with EarthChannel, Inc. to provide Streaming and On- Demand Video Services. (Approved by Public Safety Committee June 7, 2010) Attachments ENGINEERING SERVICES 17. Motion to approve a request to change the road name of Harrison Street between D'Antignac Street and Laney-Walker Boulevard, in its entirety, to C S Hamilton Way. (Approved by Engineering Services Committee June 7, 2010) Attachments 18. Motion to authorize elimination of Assistant Director position in the Utilities Department. (Approved by Engineering Services Committee June 7, 2010) Attachments 19. Motion to approve the execution the Local Government Lighting Project Agreement submitted by the Georgia Department of Transportation (GDOT) on project NH000- 520-01 (017) PI 210700, improvements to I-520 from Gordon Highway to Deans Bridge Road, which states that GDOT shall be responsible for the installation, including all costs of materials to install high mast street lighting at the Gordon Highway and Deans Bridge Road interchanges and Augusta-Richmond County shall provide the energy, operation and maintenance for these systems; and approve the Resolution authorizing execution of the Local Government Lighting Project Agreement and designation of the Mayor and Clerk of Commission as appropriate persons to execute these documents as requested by AED. Funding will come from the Street Lights account 276-041610-5312310. (Approved by Engineering Services Committee June 7, 2010) Attachments 20. Motion to determine that a portion of Hollis Road, as shown on the attached plat and consisting of 0.09 acre (4,106 square feet), has ceased to be used by the public to the extent that no substantial public purpose is served by it, and a public hearing shall be held regarding the issue of abandonment pursuant to O.C.G.A. §32-7-2. (Approved by Engineering Services Committee June 7, 2010) Attachments 21. Motion to grant Georgia Power Company an Easement for Underground Utilities at the Solid Waste Landfill located at 4330 Deans Bridge Road, Blythe, Georgia 30805, and have the documents executed by the Mayor and Clerk of Commission. (Approved by Engineering Services Committee June 7, 2010) Attachments 22. Motion to approve award of contract and expenditure of SPLOST funds dedicated to the New TEE Center, in the amount of $68,850, for basic Commissioning Services verifying full functionality of all systems to Total Systems Commissioning following evaluation of responses to Bid Item #10-087. (Approved by Engineering Services Committee June 7, 2010) Attachments 23. Motion to authorize to R.W. Allen, LLC to award Bid Package #1 to Amano McGann of Norcross, GA, in the amount of $250,930.00, to furnish and install the parking control equipment, for the TEE Center. (Approved by Engineering Services Committee June 7, 2010) Attachments PETITIONS AND COMMUNICATIONS 24. Motion to approve the minutes of the regular meeting of the Commission held on June 1, 2010. Attachments APPOINTMENT(S) 25. Motion to approve the attached list dated June 3, 2010 of Augusta-Richmond County Attachments Legislative appointments to various ARC Boards, Commissions and Authorities. ****END CONSENT AGENDA**** AUGUSTA COMMISSION 6/15/2010 AUGUSTA COMMISSION REGULAR AGENDA 6/15/2010 (Items 26-38) PLANNING 26. Z-10-35 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by Pillon Communities requesting a Special Exception to establish a sales office in a model home in Spirit Point Subdivision per Section 8-2 (f) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing .30 acres and known as 1019 Patriot Drive. (Tax Map 215-0-246-00-0) DISTRICT 8 Attachments 27. Z-10-38 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by David P. Pugh requesting a change of zoning from Zone R-1C (One-family Residential) to Zone R-MH (Manufactured Home Residential) affecting property containing approximately .17 acres and is known as 220 Holloway Drive. (Tax Map 087-2-036-00-0) DISTRICT 2 Attachments PUBLIC SERVICES 28. New Ownership Application: A.N. 10-33: A request by Duane Harris for an on premise consumption Liquor, Beer & Wine license to be used in connection with H & H Restaurant Group, Inc. located at 399 Highland Avenue. There will be Sunday Sales. District 7. Super District 10. (Requested by Commissioner Joe Bowles) Attachments FINANCE 29. Approve request from Sheriff’s Office to replace 2 police motorcycles for their road patrol division. Attachments 30. Approve a request from Sheriff’s Office to purchase one vehicle for use by Sheriff’s Narcotics Division using a Federal Grant for the purchase. Attachments 31. Consider a request from the Augusta Museum of History to fund a study relative to emergency funding regarding the replacement of the roof on the building. Attachments 32. Discussion of Hyatt Place Parking Deck Bonds and receive as information Hyatt Place Hotel Bonds by the Downtown Development Authority. Attachments 33. Receive as information First Quarter 2010 Financials. Attachments SUBCOMMITTEE Municipal Golf Course 34. Consider recommendations from the Municipal Golf Course Study Subcommittee. Attachments APPOINTMENT(S) 35. Consider the recommendation of the Downtown Development Authority for the following appointment (due to the resignation of Paul King) of Rick Allen to fill the unexpired term. Attachments ATTORNEY 36. Motion to approve Appeal of Personnel Board Rulings regarding John Allen and Santonio Dennis. Attachments OTHER BUSINESS 37. Discuss Augusta State/Damascus Road property. (Requested by Commissioner Don Grantham) Attachments LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 38. 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 6/15/2010 5:00 PM Invocation Department:Clerk of Commission Caption:Reverend Samuel T. Solomon, Jr. Pastor Thankful Baptist Church. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 6/15/2010 5:00 PM Employee of the Month Award Department: Caption:Mr. Ronald Crowden, Fleet Manager, Fleet Operations Department. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Attachment number 1Page 1 of 1 Commission Meeting Agenda 6/15/2010 5:00 PM Human Resources Department Department: Caption:Georgia Local Governmental Personnel Association's "Large Agency Award" to Augusta-Richmond County. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Attachment number 1Page 1 of 1 Commission Meeting Agenda 6/15/2010 5:00 PM South Augusta Marching Unit Department: Caption:South Augusta Marching Unit (S.A.M.U.) in recognition of their 10th Anniversary of providing service to the youth of Augusta, Georgia. (Requested by Mayor Pro Tem Alvin Mason) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 6/15/2010 5:00 PM Ross Snellings Department: Caption:Mr. Ross Snellings. RE: Friends of the Municipal Golf Course "The Patch" Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 6/15/2010 5:00 PM Savannah River Nuclear Solutions LLC Department: Caption:Mr. Peter Knollmeyer, Vice President of Strategic Planning, Savannah River Nuclear Solutions LLC. (Requested by Commissioner Joe Bowles) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 6/15/2010 5:00 PM Planning Commission Department:Planning Commission Caption: Z-10-39 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by Jerry Reynolds, on behalf of Security Federal Bank requesting a change of zoning from Zone P-1 (Professional) to Zone R-1E (One-family Residential) affecting property containing .32 acres and known as 846 and 850 Heard Avenue. (Tax Map 035-3-345-00-0 and 035-3-346-00-0) DISTRICT 1 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 6/15/2010 5:00 PM Planning Commission Department:Planning Commission Caption: Z-10-36 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by Irene Hill requesting a change of zoning from Zone R-1C (One-family Residential) to Zone R-1E (One-family Residential) affecting property listed below: Tract A - contains approximately 2 acres and consists of six tax parcels that are known as 2210-12 and 2214-16 Lumpkin Road; 2901-03, 2905-07 and 2909-11 Jackson Street ; and 2901-03 and 2905-07 Jefferson Street. (Tax Map 109-2- 017-00-0, 109-0-016-00-0, 110-1-021-00-0, 110-1-022-00-0, 110-1-023-00- 0, 109-2-018-00-0 and 109-2-019-00-0) DISTRICT 6 Tract B - contains approximately 3.23 acres and consists of eleven tax parcels that are known as 2913-15, 2917-19, 2921-23, 2925-27, 2929-31, 2933-35, and 2937-39 Jackson Street and 2902-04, 2906-08, 2910-12 and 2914-16 Jefferson Street. (Tax Map 109-2-048-00-0, 109-2-049-00-0, 109-2-050-00-0, 109-2-051-00- 0, 109-2-052-00-0, 109-2-053-00-0, 109-2-054-00-0, 109-2-058-00-0, 109- 2-057-00-0, 109-2-056-00-0 and 109-2-055-00-0) DISTRICT 6 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 6/15/2010 5:00 PM Planning Commission Department:Planning Commission Caption: Z-10-37 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by Mark Pope requesting a change of zoning from Zone B-2 (General Business) to Zone R-1B (One- family Residential) affecting property containing .24 acres and is known as 3111 Mike Padgett Highway. (Tax Map 111-3-063-00-0) DISTRICT 6 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 6/15/2010 5:00 PM Planning Commission Department:Planning Commission Caption: Z-10-35 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by Pillon Communities requesting a Special Exception to establish a sales office in a model home in Spirit Point Subdivision per Section 8-2 (f) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing .30 acres and known as 1019 Patriot Drive. (Tax Map 215-0-246-00-0) DISTRICT 8 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 6/15/2010 5:00 PM Planning Commission Department:Planning Commission Caption: Z-10-34 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by Emily Galloway requesting a Special Exception to establish a Family Personal Care Home per Section 26-1 (H) of the Comprehensive Zoning Ordinance for Augusta- Richmond County affecting property containing approximately .21 acres and is known as 2820 Butler Manor Drive. (Tax map 119-0-424-00-0) DISTRICT 2 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 6/15/2010 5:00 PM Planning Commission Department:Planning Commission Caption: Z-10-38 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by David P. Pugh requesting a change of zoning from Zone R-1C (One-family Residential) to Zone R- MH (Manufactured Home Residential) affecting property containing approximately .17 acres and is known as 220 Holloway Drive. (Tax Map 087-2-036-00-0) DISTRICT 2 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 6/15/2010 5:00 PM Planning Commission Department:Planning Commission Caption: Z-10-18 – A request for concurrence with the Augusta Richmond County Planning Commission to approve with the following conditions 1) the only use of the property be an ambulance substation or those uses allowed in a B- 1 (Neighborhood Business Zone) and 2) a 6 foot chain link fence with motion detected illumination be allowed around the rear of the property; a petition by Frank Lindley, on behalf of Gold Cross EMS, requesting a change of zoning from Zone B-1 (Neighborhood Business) to Zone B-2 (General Business) affecting property containing .28 acres and is known as 900 Baker Avenue. (Tax Map 045-1-071-00-0, 045-1-071-01-0 and 045-1- 072-00-0) . DISTRICT 1 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 6/15/2010 5:00 PM Planning Commission Department:Planning Commission Caption: Z-10-30 – A request for concurrence with the Augusta Richmond County Planning Commission to approve with the following conditions 1) an access driveway to River Road in Burke County be constructed and utilized for all shipments to Burke County before any mining begins; 2) a 50 foot vegetative buffer be constructed and maintained around the property except for that area designated by the petitioner on the site plan presented with this petition where a 100 foot vegetative buffer shall be constructed and maintained; and 3) no truck traffic on Flake Road; a petition by Warlick, Tritt, Stebbins and Murray LLP, on behalf of Jerry T. Ashmore Jr., requesting a Special Exception to allow the excavation of mineral deposits per Section 26-1 (Q) of the Comprehensive Zoning Ordinance for Augusta- Richmond County affecting property containing approximately 400 acres and located 1,400 feet, more or less, east of where the south end of Bennock Mill Road intersects the CSX railroad line. (Tax Map 700-0-004-01-0) DISTRICT 8 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 6/15/2010 5:00 PM Planning Commission Department:Planning Commission Caption: Z-10-31 - A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by Nexsen Pruett LLC, on behalf of Winston H Sibley Jr., requesting a Special Exception to establish a telecommunication tower per Section 28-A of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property that consists of a .23 acre prospective tower compound which is part of a tract that contains 104 acres located 536 feet, more or less, southwest of the southwest right-of- way line of Richdale Road and being 237 feet, more or less, northwest of the northwest right-of-way line of Monte Carlo Drive. (part of Tax Map 132-0- 012-12-0) DISTRICT 4 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 6/15/2010 5:00 PM Planning Commission Department:Planning Commission Caption: Z-10-32 – A request for concurrence with the Augusta Richmond County Planning Commission to approve with the condition that there be no access to Crawfordville Drive; a petition by Alex R. Monroe, on behalf of The Christian City of Praise, requesting a Special Exception to establish a church, that was previously approved in 2004 (Z-04-30), per Section 26-1 (A) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing 24.62 acres and is known as 1510 Halton Road. (Tax Map 052-4-005-00-0 ). DISTRICT 3 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 6/15/2010 5:00 PM Planning Commission Department:Planning Commission Caption: Z-10-33 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by Marie A. Alvarez requesting a Special Exception to establish a Family Personal Care Home per Section 26-1 (H) of the Comprehensive Zoning Ordinance for Augusta- Richmond County affecting property containing approximately 1 acre and is known as 1406 Hephzibah McBean Road. (Tax Map 336-0-037-00-0) DISTRICT 8 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 6/15/2010 5:00 PM Alcohol Application Department:License & Inspections Caption:Motion to approve New Ownership Application: A. N. 10 - 32: request by Hemante Phutane for a retail package Beer & Wine license to be used in connection with SIMI 414, Inc. DBA C - Mart located at 3403 Mike Padgwett Highway. District 6. Super District 10. (Approved by Public Services Committee June 7, 2010) Background:This is a new ownership application. Formerly in the name of Amarjeet S. Cheema. Analysis:The applicant meets the requirements of the Augusta Richmond County Alcohol Ordinance. Financial Impact:The applicant will pay a fee 0f $1210.00. Alternatives: Recommendation:License & Inspections recommends approval. The RCSD recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Attachment number 1Page 1 of 2 Attachment number 1Page 2 of 2 Commission Meeting Agenda 6/15/2010 5:00 PM Alcohol Application Department: Caption: New Ownership Application: A.N. 10-33: A request by Duane Harris for an on premise consumption Liquor, Beer & Wine license to be used in connection with H & H Restaurant Group, Inc. located at 399 Highland Avenue. There will be Sunday Sales. District 7. Super District 10. (Requested by Commissioner Joe Bowles) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Attachment number 1Page 1 of 4 Attachment number 1Page 2 of 4 Attachment number 1Page 3 of 4 Attachment number 1Page 4 of 4 Commission Meeting Agenda 6/15/2010 5:00 PM Fireworks Display Contract Department:Clerk of Commission Caption:Motion to approve the award of a Fireworks display contract to Zambelli Fireworks, Inc. in the amount of $20,000 for the July 4th Celebration. (Approved by Public Services Committee June 7, 2010) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 6/15/2010 5:00 PM Professional A/E Services for Improvements to The Boathouse Community Center Department:Tom F. Beck, Director, Augusta Recreation and Parks Department Caption:Motion to approve a professional services agreement for A/E services associated with improvements to The Boathouse Community Building to Virgo Gambill Architects for $24,000. (Approved by Public Services Committee June 7, 2010) Background:The Boathouse Community Building is one the more popular rental facilities in our park system. There are safety and code issues that need to be addressed as soon as possible. Analysis:The Augusta Commission has approved funding in SPLOST Phase VI for improvements to The Boathouse Community Building in the amount of $450,000. In order to correct safety and code issues, the Department of Recreation and Parks has requested the reallocation of $300,000 to begin work on replacing the decking and rails in 2010. The professional services required on this project would be provided by Virgo Gambill Architects, the architects of record at this City owned facility. Financial Impact:On May 18, 2010 the Augusta Commission approvedthe reallocation of funds required to address six critical capital improvement projects to begin in 2010. The Boathouse was one of the approved projects in the amount of $300,000. Alternatives:1. To approve A/E services to Virgo Gambill Architects for $24,000. 2. Move no action thus delaying the design and corrective measures required at The Boathouse Community Building. Recommendation:1. To approve the design services in the amount of $24,000 to Virgo Gambill Architects. Funds are Available in the Following Accounts: Capital outlay funds to be reimbursed with approved funding from SPLOST Phase VI for Recreation and Parks. REVIEWED AND APPROVED BY: Finance. Law. Cover Memo Administrator. Clerk of Commission Cover Memo Attachment number 1Page 1 of 3 Attachment number 1Page 2 of 3 Attachment number 1Page 3 of 3 Commission Meeting Agenda 6/15/2010 5:00 PM Transit Public Hearing Department:Clerk of Commission Caption:Motion to proceed with the elimination of Bus Route 15 - Medical Complex. (Approved by Public Services Committee June 7, 2010) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 6/15/2010 5:00 PM Forest Fire Protection Agreement Department:Administrator Caption:Motion to approve the Augusta-Richmond County revised forest fire protection agreement and fiscal year 2011 invoice in the amount of $11,012. (Approved by Administrative Services Committee June 7, 2010) Background:House Bill 1055 increased the per acre assessment from 4 cents to 10 cents per acre, resulting in an increase of $6600 per year to our annual bill. Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: 101071311/5711110 $4,410 101101110/6011110 $6,602 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Attachment number 1Page 1 of 4 Attachment number 1Page 2 of 4 Attachment number 1Page 3 of 4 Attachment number 1Page 4 of 4 Commission Meeting Agenda 6/15/2010 5:00 PM Quit Claim Deed Department:Clerk of Commission Caption:Motion to approve the execution of a Quit-Claim Deed between the City of Augusta for License and Inspection Department, Code Enforcement Division, Richmond County Tax FIFA (Grantor) and Lester Laughinghouse (Grantee) regarding the transfer of liens on property at 1128 Florence Street. (Approved by Administrative Services Committee June 7, 2010) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Attachment number 1Page 1 of 4 Attachment number 1Page 2 of 4 Attachment number 1Page 3 of 4 Attachment number 1Page 4 of 4 Commission Meeting Agenda 6/15/2010 5:00 PM Approve EarthChannel for Streaming Video Department:Information Technology Caption:Motion to approve contract with EarthChannel, Inc. to provide Streaming and On- Demand Video Services. (Approved by Public Safety Committee June 7, 2010) Background:Streaming Video is a technical solution employed by many governments to increase citizen participation in government by offering additional means for people to view the meetings as they occur in real-time. There is also a desire to permit citizens to watch past meetings and other government-sponsored videos in an "on- demand" capacity. Analysis:7Augusta IT conducted a streaming video pilot project in 2009 and determined that streaming video was a viable option for Augusta Commission meetings. Augusta IT and the Clerk of Commission released bid 10-108 in order to receive proposals for a Commission Meeting Streaming Video and Retention System. IT and the Clerk's Office reviewed presentations by the responsive bidders and selected EarthChannel to provide live streaming video, streaming audio, and on-demand services. Financial Impact:The cost of this project is $15,855, which includes hardware, software, and services. This is available from approved IT capital budget funds. Alternatives:N/A Recommendation:Approve Contract with EarthChannel, Inc. to Provide Streaming and On-Demand Video Services Funds are Available in the Following Accounts:272015410.5232111 $15,855 REVIEWED AND APPROVED BY: Procurement. Information Technology. Finance. Law. Administrator. Clerk of Commission Cover Memo SYSTEM MAINTENANCE AGREEMENT THIS AGREEMENT (hereinafter the "Agreement") is made this ______ day of ______________, 2010, (the "Effective Date") by and between Augusta, GA a political subdivision of the State of Georgia, with its place of business at 530 Greene Street, Augusta, GA U.S.A., 30911 (herein referred to as “City”) and EarthChannel Communications, Inc., (herein referred to as “Vendor”) with its place of business at P.O. Box 870027, Stone Mountain, GA 30087. WHEREAS, Vendor and City have entered into a certain agreement (the "Software and Services Agreement") pursuant to which Vendor agrees to provide to the City a solution for Live and On-Demand Streaming Video(the "System") as specified in the License Agreement; WHEREAS, Vendor desires to maintain, and City desires to obtain the maintenance of, the System on the terms and conditions hereinafter provided; 1. Maintenance Services The maintenance services to be hereunder (the "Maintenance Services") shall consist of: (a) technical or operational assistance provided by Vendor to City relating to the System or enhancements thereto and (b) distribution by Vendor to City at no charge of enhancements to the System which may be developed from time to time by Vendor. These are described in detail as follows. Vendor shall provide City with and/or shall maintain (as part of its Technical Support): • Unlimited telephone, fax, web-based, and email support. • Technical support available Monday through Friday from 8:00AM to 8:00PM Eastern Standard Time (EST). • Technical Support shall respond with replies within one hour during business hours. • Unlimited access to the Vendor ftp site (or other location as appropriate) on the Internet for file upload and download. • All program updates and releases, including new features to existing system, additional reports, and product enhancements. • Vendor will provide onsite services at no cost to the City if a resolution to a technical problem cannot be determined by online means or by telephonic communications. 2. Additional Services At the request of City, and with the consent of Vendor, Vendor may also provide technical, operational or other assistance or consulting to City in excess of the amount included as the Maintenance Services at Vendor's standard hourly rates then in effect. Such assistance shall be subject to written approval of the City and shall be performed in consultation with the City’s Information Technology Department so that any impact on performance of software and/or hardware can be evaluated. 3. Conditions The termination of the License Agreement, or of the license granted therein, shall automatically result in the termination of this Agreement. VENDOR MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OF ANY KIND WHATSOEVER, AND ALL SUCH WARRANTIES ARE HEREBY EXCLUDED BY VENDOR AND WAIVED BY CITY. VENDOR SHALL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEM-PLARY, INCIDENTAL OR PUNITIVE DAMAGES EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT VENDOR'S MAXIMUM LIABILITY TO CITY HEREUNDER SHALL BE LIMITED TO THE AMOUNTS ACTUALLY PAID BY CITY TO VENDOR HEREUNDER DURING THE IMMEDIATELY PRECEDING TWELVE MONTHS. 4. Confidentiality Vendor acknowledges that in the course of providing the Maintenance Services, or other services provided hereunder, Vendor, or its employees or consultants, may be supplied with or come into possession of Attachment number 1Page 1 of 3 information which is proprietary to City including information as to City’s methods of doing business or operations. Vendor hereby agrees that it will keep all such information confidential, and will disclose such information to no other person. In addition, Vendor agrees to take such action as may be necessary or appropriate by way of agreement with, and instruction to, its employees so as to maintain the confidentiality of such information of City. Inquiries regarding Vendor Software, Services, and Documentation shall be subject to the Georgia Open Records Act as specified in the Software and Services Agreement. 5. Vendor Contact The primary contact person shall be within the Augusta IT Department, and will be responsible for collecting user questions and problems and directing them to EarthChannel technical support department for resolution. 6. Vendor Online Support City shall provide access to City’s network and Vendor Software servers through an Internet connection provided that the Vendor has signed and complied with the Vendor Access Agreement which is included in the Software and Services Agreement. 7. Precedence of Agreements To the extent that there is a conflict between this agreement and the Software and Services Agreement, the latter shall be considered to have precedence over this agreement. 8. Maintenance Fees During the term commencing on the Acceptance Date, as defined in the License Agreement, and continuing as long as all software maintenance agreement fees are current, Vendor shall provide the Maintenance Services to City for a fee payable annually on each Anniversary Date of the Go-Live of the Vendor solution. At least thirty (30) days prior to each Anniversary Date Vendor shall notify City of the yearly maintenance fee to be charged by Vendor for the next succeeding year, whereupon, unless City notifies Vendor in writing that this Agreement shall terminate on the Anniversary Date, this Agreement shall be extended and renewed for an additional period of one year at the fee so specified by Vendor. The cost of the software maintenance contract is based on the type and number of modules/options installed. Fees shall increase at no more than 2.5% per year if there are no additional license and/or module purchases by the City. License and/or Module purchases that occur within a maintenance period shall be pro-rated for the remainder of the maintenance period, and shall be included in full on the following year’s maintenance cost. The initial maintenance fee that City shall be expected to pay, one year after the Acceptance Date as specified in the Software and Services Agreement shall be: Media Management / EarthChannel Annual Amount Basic GTV Service $ 3,995.00 Real-time Indexing (includes Server-Side Recording) $ 4,000.00 Automated Indexing Interface with NovusAgenda $ 1,000.00 In-House Streaming Server as part of service (Note 1) $ 1,800.00 Simulcast Audio Stream Included Annual Service/Maintenance Cost $ 10,795.00 Attachment number 1Page 2 of 3 Note 1: City may determine upon review of usage reports that this is not worthwhile, and may discontinue service without penalty at any time. Additionally, City shall either be 1) refunded a pro-rated amount of the cost of this service based on the number of months actually used, or 2) the amount shall be reduced from the following year’s service/maintenance cost. In the event that the City discontinues service, then the City shall be responsible for shipping costs associated with the return of any equipment to EarthChannel. Note 2: The City shall purchase an encoder for use with this project/service. EarthChannel agrees to grant the City two years of “cross ship warranty” for this equipment (valued at $500 per year) at no charge to the City. In year 3 of the agreement, this shall increase to $500 provided that the City is using the equipment that it purchased. FOR CITY: FOR VENDOR: By: By: Printed: Deke Copenhaver Printed: Cliff Johnson Title: Mayor Title: CEO, EarthChannel Communications Date: Date: Attest: Date: Attachment number 1Page 3 of 3 1 SOFTWARE AND SERVICES AGREEMENT THIS AGREEMENT (hereinafter the "Agreement") is made this ______ day of ______________, 2010, (the "Effective Date") by and between Augusta, GA, a political subdivision of the State of Georgia, with its place of business at 530 Greene Street, Augusta, GA U.S.A., 30911, (hereinafter the "City"), and EarthChannel Communications, Inc., with its principal place of business at P.O. Box 870027, Stone Mountain, GA 30087 (hereinafter the "Vendor"). The City and the Vendor are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties." RECITALS A. The Vendor desires to perform and assume responsibility and obligation for the provision of certain professional services, (the “System”) as hereinafter described, on the terms and conditions set forth herein. Vendor represents that it is experienced in providing live and on-demand streaming video content and related services to public clients, can legally do business in the State of Georgia, and is familiar with the scope of work of the City. B. The City desires to engage Vendor to render such services, as hereinafter described, for the Commission Meeting Streaming Video Project (the “Project”) on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the City and the Vendor agree as follows: OPERATIVE PROVISIONS SECTION I ENGAGEMENT AND SERVICES OF THE VENDOR 1. Engagement of Vendor. The City hereby engages the Vendor, and the Vendor promises and agrees to furnish to the City, subject to the terms and conditions set forth in this Agreement, all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional services necessary for the Project (the "Services"). The Services are more particularly described in Exhibit A attached hereto and incorporated herein by reference. The Vendor agrees to perform the Services in accordance with the terms and conditions of this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations in effect at the time the Services are provided. The Services include all activities necessary to successfully implement the Software and System Requirements found in Augusta RFP 10-108, for which the Vendor submitted a proposal on 3/20/2010 (hereinafter “System Requirements”). The Vendor agrees that the System Requirements and the Vendor’s proposal are incorporated herein by reference, and that the Vendor is bound by the response to those requirements unless a change has been permitted in writing by the City. 2. Performance of the Vendor; Standard of Care. The Vendor accepts the relationship of trust and confidence established between the City and the Vendor by the terms of this Agreement. The Vendor covenants with the City to perform all Services under this Agreement in a skillful and competent manner, exercising a high standard of skill, quality and care while doing so. Vendor represents and maintains that it is skilled in the professional calling necessary to perform the Services, and that it shall employ all required proven and tested methods known for successfully implementing the services required to satisfy this contract. Vendor shall also cooperate with the City and any other consultants or contractors engaged by or on behalf of the City in performance of the Project. The Vendor covenants to use its commercially reasonable efforts to perform its duties and obligations under this Agreement in an efficient, expeditious and economical manner, consistent with the best interests of the City and the professional standard of care set forth in this Agreement. Attachment number 2Page 1 of 16 2 SECTION II RESPONSIBILITIES OF THE VENDOR 1. The Vendor's Responsibilities for Costs and Expenses. Except as otherwise expressly stated herein, the Vendor shall be solely responsible for all costs and expenses incurred relative to the Vendor, personnel of the Vendor and sub-contractors of the Vendor in connection with the performance of the Services, including, without limitation, payment of salaries, fringe benefits contributions, bonding fees, payroll taxes, withholding taxes and other taxes or levies, office overhead expense, travel expenses, telephone and other telecommunication expenses, and document reproduction expenses. 2. Independent Contractor. The Services shall be performed by Vendor or under its supervision. Vendor shall determine the means, methods and details of performing the Services subject to the requirements of this Agreement. The Vendor represents that it possesses the professional and technical personnel required to perform the Services. The City retains Vendor on an independent contractor basis and not as an employee of the City. Vendor retains the right to perform similar or different services for others during the term of this Agreement. The personnel performing the Services on behalf of the Vendor shall at all times be under the Vendor's exclusive direction and control. The Vendor shall pay all expenses, including, without limitation, all wages, salaries, fringe benefit contributions, payroll taxes, withholding taxes, other taxes or levies and all other amounts due such personnel for the Services or due others as a result of the performance by such personnel of the Services. Vendor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to, all reports for social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3. Vendor’s Project Manager. The Vendor shall designate and assign a project manager ("Project Manager"), who shall coordinate all phases of the Services and act as the Vendor’s representative for performance of this Agreement. The Project Manager shall have full authority to represent and act on behalf of the Vendor for all purposes under this Agreement, and shall be available to the City at all reasonable times. The Project Manager shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures employed by Vendor’s personnel, as well as the satisfactory coordination of all portions of the Services under this Agreement. 4. Key Personnel. Vendor has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Vendor may substitute other personnel of at least equal competence upon written approval of City. Any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Vendor at the request of the City. 5. City Network Security and Integrity. If the Vendor will require access through Augusta’s firewall in order to connect to a server maintained by the Vendor, then the Vendor will sign a VPN Vendor Access Agreement with the City, verifying that the Vendor will respect the integrity of City’s network and security protocols. This agreement is attached as Exhibit F. 6. Time of Performance. Vendor shall use commercially reasonable efforts to complete the services covered under and pursuant to this Agreement as directed by the City's Project Administrator by the date of project completion as described in Exhibit D, Project Schedule, (“the Completion Date”), unless earlier terminated as provided herein, or as may be modified by mutual written agreement. Vendor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with any schedule of services mutually acceptable to the Parties. Delays in implementation will be subject to a Penalty, under certain conditions, as described in Section VI in this agreement. 7. Software License and Support Agreement. The vendor will provide the licenses identified in Exhibit A for the City’s use as governed by the Software License and Support Agreement, a copy of which is attached as Exhibit B. Attachment number 2Page 2 of 16 3 8. Escrow Agreement. The vendor has provided for a software escrow agreement, a copy of which is attached as Exhibit C, which provides for access to software source code under certain circumstances that are defined in the agreement. If this is not required for this project Exhibit C should simply include justification of why this is not necessary, subject to approval by the City. 9. Consistency with City Policies. City and Vendor Project Manager shall discuss in advance of all critical decision points all matters relating to the Services in order to ensure that the Services proceed in a manner consistent with the goals and policies of the City. 10. Conformance to Applicable Requirements. All aspects of the provision of the Services by Vendor shall conform to all applicable city, county, state, and federal laws, rules and regulations in effect at the time the services are provided. 11. Prohibition Against Transfers. The Vendor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly by operation of law without the prior written consent of the City. Any attempt to do so without the prior written consent of the City shall be null and void, and any assignee, sub-lessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. 12. Progress. The Vendor is responsible to keep the City Project Manager and/or his or her duly authorized designee informed on a regular basis regarding the status and progress of the Services, activities performed and planned, and any meetings that have been scheduled or are desired relative to the Services or this Agreement. 13. Confidentiality. No news releases, including photographs, public announcements or confirmations of the same, of any part of the subject matter of this Agreement or any phase of the Services shall be made without prior written consent of the City, such consent to not be unreasonably withheld, and provided in a timely manner. The information which results from the Services in this Agreement is to be kept confidential, unless the release of information is authorized by the City. All Report Materials, either created by or provided to Vendor in connection with the performance of this Agreement, shall be held confidential by Vendor. Such materials shall not, without the prior written consent of City, by used by Vendor for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Vendor which is otherwise known to Vendor or is otherwise generally known, or has become known, to the related industry, shall be deemed confidential. Vendor shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 14. Georgia Open Records Act. The Vendor acknowledges that this Agreement and certain documentation may be subject to the Georgia Open Records Act (O.C.G.A. § 50-18-70, et seq.). Vendor shall cooperate fully in responding to such requests and shall make all records, not exempt, available for inspection and copying as required by law. Vendor shall clearly mark any information provided to City which Vendor contends is Proprietary Information. Vendor shall notify City immediately of any Open Records request arising out of this contract and shall provide to City a copy of any response to the same. 15. No Set Hours/Right to Contract. The Vendor’s obligation hereunder is to complete the Services in accordance with this Agreement and to meet any deadlines established pursuant to this Agreement. The Vendor has no obligation to work any particular schedule, hours or days, or any particular number of hours or days. However, the Vendor shall coordinate with the City in achieving the results and meeting the goals established pursuant to this Agreement. 16. Accounting Records. Vendor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Vendor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Vendor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. Attachment number 2Page 3 of 16 4 17. Safety. Vendor shall execute and maintain its Services so as to avoid injury or damage to any person or property. In carrying out its Services, the Vendor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. SECTION III RESPONSIBILITIES OF THE CITY 1. Cooperation. The City shall cooperate with the Vendor relative to the provisions of the Services. To the extent permitted by applicable law, the City shall provide criteria and information in its possession, or reasonably obtainable by it, as requested by Vendor, and shall make that information and related data available for Vendor’s use during the performance of this Agreement. The City shall render decisions required by this Agreement within the time indicated, or if not specifically stated, with reasonable promptness so as not to unduly delay the progress of Vendor’s Services. 2. City’s Project Manager and Project Staff. The City shall designate and assign a City project manager (“City Project Manager”) who shall have full authority to represent and act on behalf of the City for all purposes under this Agreement. The City Project Manager, or his/her designee, shall be the principal officer of the City for liaison with the Vendor, and shall review and give approval to the details of the Services as they are performed, in particular, but not exhaustively, Project Plan, Functional Requirement Specifications, Statements of Work, Acceptance Plans, Statements of Completion, Change Order Requests. In addition, the City Project Manager shall ensure proper and timely availability of all City personnel required by the Vendor for successful completion of project tasks, in particular, but not exhaustively, Business and Systems Analysts, IT staff, Subject Matter Experts. The City designates Michael Blanchard, Assistant Director of IT, to be its City Project Manager, but reserves the right to appoint another person as City Project Manager upon written notice to the Vendor. 3. Project Plan. The City shall be responsible for meeting specific milestones and providing specific deliverables that have been agreed to in Exhibit D. Should the City fail to meet the agreed milestones or to provide the agreed deliverables, the Vendor will inform the City of the consequences thereof and reserves the right to modify the project plan accordingly. SECTION IV COMPENSATION 1. Compensation. In consideration of the performance by Vendor of the Services, the City shall pay to the Vendor compensation at the rates set forth in Exhibit “A” attached hereto and incorporated herein by reference. While estimates have been provided for certain work items in the project, such as data conversion, total compensation under this Agreement shall not exceed the Total Project amount as indicated in Exhibit “A” without written approval of the City Administrator or the Augusta Commission depending on the amount of the excess and the reason why the initial amount was insufficient. 2. Extra Service. The Vendor shall not receive additional compensation for any extra service unless such extra service has been authorized in writing by the City prior to the commencement of the extra service. The City shall pay the Vendor for extra service in accordance with the fee schedule set forth in Exhibit “A”. As used herein, “Extra Service” means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. 3. Payment of Compensation. The Vendor shall submit invoices to the City as defined in the payment milestones in Exhibit D, or on such other basis as may be mutually agreed upon by the Parties. Each invoice will be itemized. The City shall make payments to the Vendor within thirty (30) days following the date of receipt of the invoice, unless the City disputes the amount of the Compensation the Vendor claims it is owed under this Agreement. Any disputed amount shall be handled as discussed herein. Attachment number 2Page 4 of 16 5 4. Reimbursements. Vendor shall not be reimbursed for any expenses unless they are authorized in writing by City and they are of a type approved in advance as part of this contract. Such reimbursable expenses, if approved, shall include only those expenses which are reasonably and necessarily incurred by Vendor in the interests of the Project. Reimbursable expenses will be paid only at the actual cost to the Vendor, with no mark-up for overhead or profit. Expenses may be included as part of the overall project cost, provided that they are “Not to Exceed” a certain amount as determined by the Vendor. 5. Disputed Sums. The City will withhold up to one hundred percent (100%) of any disputed portion of Compensation until resolution of the dispute with the Vendor. Such withholding shall only take place due to non-performance of the Vendor, with non-performance being defined as the inability to complete the project or parts thereof when Augusta has fulfilled its obligation to the vendor, and shall not be deemed to constitute a failure to pay by the City. The Vendor shall not have the right to allege a breach of this Agreement for failure to pay by the City and to discontinue its performance of the Services hereunder for a period of thirty (30) days from the date Compensation is withheld hereunder. The City’s Project Manager and the Vendor’s Project Manager shall attempt to promptly resolve the dispute. The Vendor shall have an immediate right to appeal to the City Administrator with respect to withheld amounts. The determination of the City Administrator with respect to such matters shall be final, subject to the mediation and arbitration provisions provided herein. Nothing herein shall be construed as limiting the Parties rights to pursue all available legal remedies. SECTION V EXPIRATION AND TERMINATION 1. Events of Default. Each of the following events shall constitute an “Event of Default”: A. The Vendor shall fail to observe, perform or comply with any material term, covenant, agreement or condition of this Agreement which is to be observed, performed or complied with by the Vendor, if such failure continues uncured for thirty (30) calendar days after the City gives the Vendor written notice of the failure and the specific nature of such failure. B. The Vendor shall commit any fraud, misrepresentation, breach of fiduciary duty, willful misconduct, or intentional breach of any provision of this Agreement. 2. Termination Upon Event of Default. In addition to any other available legal or equitable rights or remedies, upon an Event of Default by the Vendor, the City shall have the right to terminate this Agreement upon at least thirty (30) days written notice to the Vendor. 3. Expiration. Unless extended as provided for herein, this Agreement shall naturally expire on the Completion Date. 4. Payment Upon Termination. Upon a termination of this Agreement, the City shall pay to the Vendor the part of the Compensation which would otherwise be payable to the Vendor with respect to the Services which had been adequately completed as of the date of termination, less the amount of all previous payments with respect to the Compensation. 5. Termination by Vendor: Vendor may terminate this Agreement only upon the substantial breach by the City of a material provision of this Agreement including failure to pay. 6. Termination for Convenience: Upon advance written notice to Vendor, the City may, without cause and without prejudice to any other right or remedy of the Vendor, elect to terminate the Agreement. In such case, Vendor shall be paid (without duplication of any items): A. For completed and acceptable work executed in accordance with the terms of the agreement prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such work; Attachment number 2Page 5 of 16 6 B. For expenses incurred prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the contract documents in connection with uncompleted work, plus fair and reasonable sums for overhead and profit on such expenses; C. For all claims, costs, losses and damages incurred in settlement of terminated contracts with subcontractors, suppliers and others, and; for reasonable expenses directly attributable to termination. 7. Termination by Either Party. In the event of termination of this Agreement by either the City or the Vendor, both agree to the following: A. City shall destroy the locally-installed components of the SYSTEM as defined in the Software License and Support Agreement, Exhibit “B”, together with all copies, modifications and merged portions, or B. Return any locally-held components of the SYSTEM together with all copies, modifications and merged portions to Vendor, or C. City may continue to use the SYSTEM with the permission of the Vendor, with no expectation of continued maintenance, support, update, or upgrade, and D. All Vendor-owned hardware shall be returned to the Vendor, at the expense of the party that initiated the termination. E. In the event that the SYSTEM is a “Software-as-a-Service” offering (in which there are no locally-installed software components), provisions A-C above may considered to be null and void, and City shall cease to utilize the service effective of the date of termination unless the City and the Vendor mutually agree in writing to other means or schedule of shutting down service. F. In the event of termination by either party, City shall be entitled to receive all data captured by the Vendor as part of services supplied under this agreement, to be transferred in its entirety within 30 days of notice of termination. Means of transfer shall be any technically efficient means given the size of the data captured, and shall include. Any costs associated with the transfer of data shall be paid by the party that initiated the termination. G. In cases referenced according to items A and B above, Vendor shall certify in writing that all proprietary information, data, schema, or documentation belonging to City have either been returned to Licensee or destroyed and vice versa. SECTION VI GENERAL PROVISIONS 1. Nondiscrimination by the Vendor. The Vendor represents and agrees that the Vendor, its affiliates, subsidiaries, or holding companies do not and will not discriminate against any subcontractor, Vendor, employee, or applicant for employment because of race, religion, color, sex, handicap, national origin or any other protected classification under federal or state law. Such nondiscrimination shall include, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 2. City’s Rights to Employ Other Vendors. The City reserves the right to employ other Vendors in connection with this Project. 3. Conflicts of Interest; Prohibited Interests. Vendor maintains and warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Vendor, to solicit or secure this Agreement. Further, Vendor warrants that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for Vendor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, Attachment number 2Page 6 of 16 7 City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising there from. 4. Subcontracting. The Vendor shall not subcontract any portion of the Services except as expressly stated herein, without prior written consent of the City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 5. Waiver. No waiver of any default shall constitute a waiver of any other breach or default, whether of the same or any other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by other parties shall give the other any contractual right by custom, estoppel, or otherwise. 6. Notices. All notices required hereunder shall be given in writing to the following addresses or such other addresses as the parties may designate by written notice: To the City: Tameka Allen, IT Director Greene Street, A-101 Augusta, GA 30911 T: 706.821.2522 F: 706.821.2530 Copies to: Fred Russell, City Administrator 530 Greene Street, Room 801 Augusta, GA 30911 T: 706.821.2400 To the Vendor: Cliff Johnson, CEO EarthChannel Communications P.O. Box 870027 Stone Mountain, GA 30087 T: 770.972.7531 Notice shall be deemed received as follows, depending upon the method of transmittal: by facsimile, as of the date and time sent; by messenger, as of the date delivered; and by U.S. Mail, certified, return receipt requested, as of five (5) days after deposit in the U.S. Mail. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 7. Authority to Enter Agreement. The Vendor has all requisite power and authority to conduct its business and to execute, deliver and perform all of its obligations under this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to enter into this Agreement so as to bind each respective Party to perform the conditions contemplated herein. 8. Severability. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect. 9. Time is of the Essence. Time is of the essence in this Agreement, and all parties agree to execute all documents and to proceed with due diligence to complete all covenants and conditions set forth herein. 10. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia. All claims, disputes and other matters in question between the City and the Vendor arising out of, or relating to, this Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. Vendor, by executing this Agreement, specifically consents to venue and jurisdiction in Richmond County, Georgia and waives any right to contest jurisdiction and venue in said Court. 11. Entire Agreement. This Agreement contains the entire agreement of the City and the Vendor, and supersedes any prior or written statements or agreements between the City and the Vendor. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by both Parties. 12. Binding on Assigns. Each and all of the covenants and conditions of this Agreement shall be binding on, and shall Attachment number 2Page 7 of 16 8 inure to, the benefit of the successors and assigns of the respective parties. 13. Captions. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment or describe the scope, content or intent of this Agreement. 14. Construction. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language in all parts of this Agreement shall be construed simply, according to its fair meaning and not strictly for or against any party. 15. Cooperation/Further Acts. The Parties shall fully cooperate with one another in attaining the purposes of this Agreement. In connection therewith, the Parties shall take any additional further acts and steps and sign any additional documents as may be necessary, appropriate and convenient to attain the purposes of this Agreement. 16. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 17. Incorporation of Exhibits. The “Exhibits” constitute a material part hereof, and are hereby incorporated into the Agreement by reference as though fully set forth herein. The terms “Attachment”, “Exhibit”, and “Schedule” shall be synonymous for purposes of this agreement. 18. References. All references to the Vendor shall include all personnel, employees, agents and sub-Vendors of the Vendor. 19. Go-Live. “Go Live” shall be the date on which the software is expected to be placed into operational use by the Customer. 20. System Acceptance. “System Acceptance” as used herein means the date on which all of the following events have taken place: A. 30 calendar days have passed since “Go-Live”. B. All System Requirements have been successfully completed, or arrangements have been made to complete them at a later date. The demonstration of the delivered solution meeting all System Requirements is the Vendor’s right and responsibility. In the event that arrangements have been made to complete some of the System Requirements at a later date, this must be with the written approval of the Director of Information Technology and the Chief Official of the customer department or office, whose operations would be impacted by the inability of the Vendor to fully implement their software. Such delays may be subject to liquidated damages, at the discretion of the City, described in Item 22 below. 22. Liquidated Damages. For each day past the “Go Live” date that the Vendor has not delivered a product suitable for business use, there shall be a penalty of $250 per day. City agrees to submit to Vendor, in writing, any issues that may impact the “Go Live” that are believed to be the Vendor’s responsibility and may therefore increase the likelihood of a penalty being invoked. City shall identify these issues as soon as possible so that corrective action can be taken by Vendor. The penalty shall not apply under the following circumstances: A. The Go Live date was extended or moved by mutual consent of City and Vendor. If the Go Live date is extended or moved by written mutual consent of both parties, then penalties will accrue beginning on the new Go Live date. B. City did not meet requirements or objectives required in order to facilitate Go Live as scheduled (including failure to order equipment that was the City’s responsibility to order, or failure to set up said equipment). Such failure by the City must be documented in writing by Vendor as soon as possible so that corrective action can be taken. C. City failed to notify Vendor of additional requirements which, when identified, impacted the Go Live date of the project. Such failure by the City must be documented in writing by Vendor as soon as possible so that corrective action can be taken. If said penalties are enacted, all penalties will become due and payable upon failure to meet the Go Live date and shall accrue until paid in full. Additional services and/or licenses may be accepted as payment provided that this type of restitution is acceptable to the City. Attachment number 2Page 8 of 16 9 23. Precedence of Documents. For the resolution and interpretation of any inconsistencies in this Agreement and/or the Exhibits or Attachments hereto which are incorporated herein by this reference, the terms and conditions of this Agreement shall take precedence over any Exhibits or Attachments hereto and any inconsistency between the Exhibits and Attachments will be resolved by the priority in which they are listed as Exhibits. 24. Survival. The following sections, along with any other provisions which by their terms survive, shall survive the expiration or termination of this Agreement. A. Section II (6) – City Network Integrity and Security B. Section II (14) - Confidentiality C. Section V (6) - Termination by Either Party D. Section VI (11) - Governing Law and Venue E. Exhibit F – Vendor Network Access Policy Wherefore the above referenced parties have caused this agreement to be executed in two originals by and through their duly authorized officials: FOR CITY: FOR VENDOR: By: By: Printed: Deke Copenhaver Printed: Cliff Johnson Title: Mayor Title: CEO, EarthChannel Communications Date: Date: Attest: Date: Attachment number 2Page 9 of 16 10 EXHIBIT A VENDOR SERVICES, SOFTWARE & LICENSES EarthChannel Proposal Note: Media Management. Inc., EarthChannel Basic GTV service: $3995/yr (includes all included base features mentioned elsewhere in this document. No additional upfront costs are required.) • Internet hosting and distribution of 1 live video channel; up to 24-hrs/day / 7-days/week • Internet hosting and distribution of 1 live audio-only channel for in-house or limited bandwidth users, such as the iPhone • The channel(s) shall be broadcast from the Augusta facility as a 144Kbs data stream in the MS Windows Media format, plus a 16Kbs audio-only stream. • Augusta is responsible for upload bandwidth and Internet connection adequate to accommodate the live stream; approximately 200Kbs. This can be accomplished via an in-house Internet connection, a dedicated cable modem or DSL connection with a fixed or static IP address. A fully compatible Windows Media Encoder is required and not included in our Basic GTV service. Augusta may provide their own encoder, purchase an encoder from us, or include the use of one as part of our service. See options below. • Internet hosting of up to 800-hours of archived media (VOD) at the above rates; (typically 3-4yrs of municipal programming.) Additional storage is optionally available. There is no limitation as to how long any video can remain on our servers. Any type of video programming may be used; meetings, educational, positioning, etc. A variety of customized player views and sizes are available at no additional cost, that provide appropriate views for different types of programming. • Unlimited U.S. viewer bandwidth for both Live and OnDemand will be provided • Adequate bandwidth to support a minimum of 6000-simultaneous streams per server • Unlimited support • Streaming servers with a minimum of 1.0-Gigabit connection to the Internet • 99.9+% Server uptime guaranteed • Unlimited use of EC-Indexer software & TinyClip for easy indexing of VOD files • Term: one year, from first date of “go live” • Telephone/web-assisted installation, setup and training (normally requires less than 2hrs) Attachment number 2Page 10 of 16 11 • Upon completion, service will be automatically renewed for one additional year with a guarantee of no price increase, unless a disconnection notice is provided by Augusta at least 30-days prior to expiration. Any price increase incurred on the third or subsequent years is guaranteed NTE 2.5%. Features Encoder • ECTV-II professional, multi-channel encoder, completely warranted and maintained for 2-yrs:, (including cross-ship service in the event of a catastrophic failure) $4995 one-time cost, plus $65 shipping Software & Features •Realtime Indexing (includes SSR): $4000/yr •Automated integration/cross-linking w/NovusAgenda, includes setup and support: $1000/yr (manual integration included in basic GTV pkg) •In-house Streaming Server: • Supplied as part of service, completely warranted and maintained; includes MS Server 2003, Ent. Ed.: $1800/yr. Pricing Summary Media Management / EarthChannel Annual Basic GTV Service $ 3,995.00 Real-time Indexing (includes Server-Side Recording) $ 4,000.00 Automated Indexing Interface with NovusAgenda $ 1,000.00 In-House Streaming Server as part of service (Note 1) $ 1,800.00 Simulcast Audio Stream Included Annual Service/Maintenance Cost $ 10,795.00 One-Time Project Cost (Note 2) $4,995 (encoder) + $65 shipping Total: $ 15,855.00 Note 1: City may determine upon review of usage reports that this is not worthwhile, and may discontinue service without penalty at any time. Additionally, City shall either be 1) refunded a pro-rated amount of the cost of this service based on the number of months actually used, or the amount shall be reduced from the following year’s service/maintenance cost. In the event that the City discontinues service, then the City shall be responsible for shipping costs associated with the return of any equipment to EarthChannel. Attachment number 2Page 11 of 16 12 Note 2: The City shall purchase an encoder for use with this project/service. EarthChannel agrees to grant the City two years of “cross ship warranty” for this equipment (valued at $500 per year) at no charge to the City. Attachment number 2Page 12 of 16 13 EXHIBIT B - SOFTWARE LICENSE AND MAINTENANCE AGREEMENT The Support Agreement is a separate, annually renewable document relating specifically to the ongoing maintenance of the technology solution provided to Augusta by the Vendor. It will be signed separately and shall survive independently of this document. EXHIBIT C - ESCROW AGREEMENT Per Augusta IT, an escrow account is not required for this project due to the fact that this project primarily involves the implementation of services rather than software. EXHIBIT D - PROJECT SCHEDULE Event Projected Completion Date* Status Selection of Vendor Complete Contract Negotiation 5/2010 Approval of Contract by City Attorney 5/2010 Administration / Commission Approval 6/2010 Contract Signing 6/2010 Implementation (Go Live) 6/2010 Will be scheduled pending arrival of equipment that must be ordered by Augusta IT and installation of infrastructure and equipment as needed. Acceptance Testing Go Live + 30 calendar days System Acceptance At completion of acceptance testing Pending completion of system requirements Final Billing (100% Software & Services) 7/2010 Billable upon System Acceptance by Augusta *All dates are subject to change upon mutual agreement of Augusta and Vendor. EXHIBIT E - PERFORMANCE BOND Not required for this project. Attachment number 2Page 13 of 16 14 EXHIBIT F VENDOR REMOTE NETWORK ACCESS POLICY AND PROCEDURES Purpose The purpose of this policy is to ensure that a secure method of connectivity is provided between Augusta-Richmond County and the vendor and to provide guidelines for the use of the network and computing resources associated with the remote connectivity in order to ensure the safety, integrity, and operability of Augusta-Richmond County Information Systems. Scope This policy applies to all Augusta-Richmond County systems, application and/or servers/devices requiring support by external vendors on behalf of Augusta-Richmond County. Definitions A Virtual Private Network (VPN) provides a secure network connection over the Internet between an individual and a private network (164 bit encryption). By utilizing the public Internet for data transport, VPN provides a low cost solution to remote access or connectivity. Policy Sections A, B, and C of the following policy apply to requests for remote access to a server(s) for the purpose of providing troubleshooting / technical support of a vendor-supplied software application. A. Vendor Access Request and Approvals for Remote Support All requests for remote access for vendors must be made in advance through the Project Leader responsible for the vendor. It is the Project Leader’s responsibility to ensure that the vendor has provided all of the required information in the proper format. All vendor remote access requests must first have the Assistant Director of the Business Application Services signature for approval as well as the Director of Information Technology. As part of the request and approval process, the technical and administrative contact within the vendor’s organization or someone at a higher level within the company will be required to read and sign the VPN Access policy form and any additional documents, such as the Augusta-Richmond County Non-Disclosure Agreement. Once Vendor Remote Access has been approved, it is valid until changes in this policy or technology make it necessary, in Augusta’s estimation, to require a new form to be filed. Remote Access will only be available to Vendors that have signed Annual Support and Maintenance Contracts with Augusta. B. Connectivity 1. The vendor will be required to use Augusta-Richmond County’s standard method for connecting to the network. The current standard method is Cisco’s VPN client. 2. The vendor will be given a unique user ID and password to authenticate the VPN access. The password may be subject to regular changes. 3. Only one person may be connected to the VPN at any given time. 4. Access will be restricted to only the servers located in IT that were approved for the vendor. 5. Access will be restricted to only the ports necessary for connectivity. 6. Access will not be open 24/7. The vendor must request access every time it is necessary and only during business hours of 8:30am – 5:00pm EST. Access outside of these hours may be requested but will need additional approval and will be handled on a case by case situation. Attachment number 2Page 14 of 16 15 C. Vendor Request Process 1. The vendor will contact the Project Leader to request access. 2. The Project Leader is responsible for logging the request for access and justification in the change control log. 3. The Project Leader will document reason for access and email Firewall Administrators to have the VPN opened. 4. A firewall administrator will open the VPN and reply to the Project Leader’s email notifying them it has been opened. 5. Once the vendor has completed their work and the application has been tested, they will notify the Project Leader that the work is complete. D. Continuous Vendor Connectivity 1. Certain applications and technology solutions may require continuous connectivity due to the nature of the application (such as streaming content, etc.). This is permissible provided that Augusta IT has received technical specifications for the solution and has approved the means required for connectivity. 2. In the event that it is established that continuous connectivity is a requirement of the solution, then Augusta IT will create a firewall rule to allow specified ports destined to a static IP address provided by the vendor. 3. All sections below regarding security, accountability, and enforcement are still valid and shall apply to all vendors contracting with Augusta and their 3rd-party data center and/or software hosting providers. 4. The determination that a vendor solution shall be permitted continuous connectivity through Augusta’s firewall rests solely within the purview of Augusta IT, and no language in this policy shall be assumed to grant any vendor continuous access without Augusta’s written permission. E. Network Security 5. Vendor will allow only the vendor’s employees approved in advance by Augusta-Richmond County to access the network connection. Vendor shall be solely responsible for ensuring that Authorized Vendor Employees are not security risks, and upon Augusta-Richmond County’s request, Vendor will provide Augusta-Richmond County with any information reasonably necessary for Augusta-Richmond County to evaluate security issues relating to any Authorized Vendor Employee. 6. Vendor will promptly notify Augusta-Richmond County whenever any Authorized Vendor Employee leaves the Vendor’s employ or no longer requires access to the Network Connection. 7. Each party will be solely responsible for the selection, implementation and maintenance of security procedures and policies that are sufficient to ensure that (a) such party’s use of the Network Connection is secure and is used only for authorized purposes, and (b) such party’s business records and data are protected against improper access, use, loss, alteration or destruction. 8. Vendor shall notify Augusta-Richmond County in writing promptly upon a change in the user base for the work performed over the Network Connection or whenever in vendor’s opinion a change in the connection and/or functional requirements of the Network Connection is necessary. F. Protection of Augusta-Richmond County Private Information and Resources The Augusta-Richmond County network support group responsible for the installation and configuration of a specific vendor connection must ensure that all possible measures have been taken to protect the integrity and privacy of Augusta-Richmond County confidential information. At no time should Augusta-Richmond County rely on access/authorization control mechanisms at the vendor’s site to protect or prohibit access to Augusta-Richmond County confidential information. Augusta-Richmond County shall not have any responsibility for ensuring the protection of vendor information. The vendor shall be entirely responsible for providing the appropriate security measures to ensure protection of their private internal network and information. G. Audit and Review of Vendor Network Connections All aspects of the vendor network connections up to, but not including Augusta-Richmond County firewall, will be Attachment number 2Page 15 of 16 16 monitored by the appropriate IT staff. Where possible automated tools will be used to audit tasks. Monthly reports should be generated on the authentication database showing the specific login entries. All vendor network connections will be reviewed on a quarterly basis and information regarding specific vendor network connection will be updated as necessary. Obsolete vendor network connections will be terminated following confirmation with the Project Leader that the connection is indeed obsolete. H. Augusta-Richmond County IT Security Augusta-Richmond County IT Security has the responsibility for maintaining related policies and standards. IT Security will also provide advice and assistance regarding judgment calls, and will facilitate information gathering in order to make a correct decision. I. Enforcement Any vendor found in violation of this policy will be subject to, but not limited to, loss of connectivity privileges and other action up to and including dissolution of contract and/or legal action if Augusta systems are compromised. Attachment number 2Page 16 of 16 Attachment number 3Page 1 of 1 Attachment number 4Page 1 of 1 Commission Meeting Agenda 6/15/2010 5:00 PM 2010 RCSO Police Motorcycles Department:Finance Department, Fleet Management Caption:Approve request from Sheriff’s Office to replace 2 police motorcycles for their road patrol division. Background:The Richmond County Sheriff’s Office-Road Patrol Division requests the replacement of two police motorcycles. The motorcycles to be replaced are asset numbers 994112 and 994117, both are 1999 motorcycles with extensive wear and tear, uneconomically repairable and meet the replacement criteria approved by the Augusta Commission. Evaluations are provided as attachments for review. Analysis:Fleet Management submitted a request for bids through the Procurement Department utilizing the Demand Star electronic bid system which offers nationwide bid coverage. The Procurement Department received quotes back from 3 vendors, the results are provided as an attachment. Financial Impact:The motorcycles will be purchased for $19,172.00 each or for a total of $38,344.00. Funding for the purchase of this equipment will be through the general fund capital outlay. Alternatives:(1.) Approve the award to Cycle World of Athens, Georgia. (2.) Do not approve the request. Recommendation:Approve request from the sheriff’s office for the purchase of two police motorcycles using general fund capital outlay funds and declare the turn in motorcycles as surplus and available for auction. Funds are Available in the Following Accounts:272-11-1110/6111631 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Attachment number 1Page 1 of 2 Attachment number 1Page 2 of 2 2010 HONDA ST1300PA POLICE MOTORCYCLE BID 10-117 Cycle World Honda of Cool Street & Trail of Athens Springs, Inc. Motorsports Year 2010 2009 Non-Compliant Make Honda Honda Incomplete Bid Model ST1300PA ST1300PA Packet 5.00 Bid Price Bike $14,995.00 $14,910.00 $0.00 6.00 Emergency Equipment 6.01 Auxiliary Lighting $4,177.00 $4,389.00 $0.00 Total Bid Price Each $19,172.00 $19,299.00 $0.00 Total Bid Price (2) $38,344.00 $38,598.00 $0.00 Delivery Date 90 Days 60 Days ARO SHERIFF'S OFFICE-POLICE MOTORCYCLE - BID OPENING 04/27/10 @ 11:00 Attachment number 2Page 1 of 1 2010 HONDA ST1300PA POLICE MOTORCYCLE BID 10-117 Cycle World Honda of Cool Street & Trail of Athens Springs, Inc. Motorsports Year 2010 2009 Non-Compliant Make Honda Honda Incomplete Bid Model ST1300PA ST1300PA Packet 5.00 Bid Price Bike $14,995.00 $14,910.00 $0.00 6.00 Emergency Equipment 6.01 Auxiliary Lighting $4,177.00 $4,389.00 $0.00 Total Bid Price Each $19,172.00 $19,299.00 $0.00 Total Bid Price (2) $38,344.00 $38,598.00 $0.00 Delivery Date 90 Days 60 Days ARO SHERIFF'S OFFICE-POLICE MOTORCYCLE - BID OPENING 04/27/10 @ 11:00 Attachment number 3Page 1 of 1 Invitation To Bid Sealed bids will be received at this office until 11:00 a.m. Tuesday, April 27, 2010 for furnishing: Bid Item #10-117 Police Motorcycle for Fleet Department Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 706-821-2422 Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 530 Greene Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing to the office of the Procurement Department by fax at 706-821-2811 or by mail. No bid will be accepted by fax, all must be received by mail or hand delivered. All questions are to be submitted in writing by Tuesday, April 13, 2010 by 5:00 p.m. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference on an eligible local project, the certification statement as a local bidder and all supporting documents must be submitted to the Procurement Department with your bonafide bid package. No Bid may be withdrawn for a period of 90 days after time has been called on the date of opening. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. 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 March 18, 25, April 1, 8, 2010 Metro Courier March 24, 2010 cc: Tameka Allen Interim Deputy Administrator Ron Crowden Fleet Department Attachment number 4Page 1 of 1 Ve n d o r s St r e e t & T r a i l M o t o r s p o r t s 42 7 7 W a s h i n g t o n R d Ev a n s , G A 3 0 8 0 9 Ho n d a o f C o o l S p r i n g s 10 9 6 W M c E w e n D r Fr a n k l i n , T N 3 7 0 6 7 Ho n d a o f S t a t e s b o r o 17 3 0 5 G A H W Y 6 7 S St a t e s b o r o , G A 3 0 4 5 8 Cy c l e W o r l d o f A t h e n s 42 2 5 A t l a n t a H w y Bo g a r t , G A 3 0 6 2 2 Ai k e n M o t o r c y c l e S a l e s & S e r v i c e 21 2 9 W h i s k e y R d Ai k e n , S C 2 9 8 0 3 Ho n d a M o t o r c y c l e s o f An d e r s o n 11 0 P r e a m b l e C t St a r r , S C 2 9 6 8 4 Ca r o l i n a H o n d a 90 1 B u c k n e r R d Co l u m b i a , S C 2 9 2 0 3 At t a c h m e n t B Ye s Ye s Bi d d e r ' s F o r m / Ac k n o w l e d g e o f Ad d e n d a Ye s Ye s 5. 0 0 Eq u i p m e n t Re q u i r e m e n t s 6. 0 0 Eq u i p m e n t Re q u i r e m e n t s 6. 0 1 Au x i l i a r y L i g h t i n g $4 , 3 8 9 . 0 0 $ 4 , 1 7 7 . 4 8 Ye a r 20 0 9 20 1 0 Bi d P r i c e E a c h $1 9 , 2 9 9 . 0 0 $ 1 9 , 1 7 2 . 0 0 To t a l B i d P r i c e $3 8 , 5 9 8 . 0 0 $ 3 8 , 3 4 4 . 9 6 De l i v e r y D a t e 60 D a y s a f e r P O 9 0 D a y s Bi d I t e m # 1 0 - 1 1 7 Po l i c e M o t o r c y l e fo r t h e C i t y o f A u g u s t a - F l e e t D e p a r t m e n t 5. 0 1 ST 1 3 0 0 P A H M o t o r c y c l e Bi d O p e n i n g D a t e : T u e s d a y , A p r i l 2 7 , 2 0 1 0 @ 1 1 : 0 0 a . m . $1 4 , 9 9 5 . 0 0 No n - C o m p l i a n t Fa i l e d t o p r o p e r l y re t u r n th e e n t i r e s e c t i o n of A t t a c h m e n t B $1 4 , 9 1 0 . 0 0 Pa g e 1 o f 1 Attachment number 5Page 1 of 1 Attachment number 6Page 1 of 2 Attachment number 6Page 2 of 2 Attachment number 7Page 1 of 2 Attachment number 7Page 2 of 2 Commission Meeting Agenda 6/15/2010 5:00 PM 2010 RCSO-Narcotics K9 Department:Finance Department, Fleet Management Division Caption:Approve a request from Sheriff’s Office to purchase one vehicle for use by Sheriff’s Narcotics Division using a Federal Grant for the purchase. Background:The Narcotics Division of the Sheriff’s Office requires the purchase of one vehicle to be used in clandestine, undercover work . Analysis:Fleet Management has established the best price for the vehicle through the Georgia State Contract program, number S-90795-A53, as indicated by the enclosures. Financial Impact:The vehicle will be purchased using a Federal Grant at a cost of $23,919.00 from Alan Vigil Ford. Alternatives:1. Approve the purchase using the Federal Grant and State Contract program. 2. Do not approve the request. Recommendation:Approve the request to purchase one vehicle for the Narcotics Division using Federal Funds and the State Contract program Funds are Available in the Following Accounts: 273-03-2601/54.22110 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Attachment number 1Page 1 of 7 Attachment number 1Page 2 of 7 Attachment number 1Page 3 of 7 Attachment number 1Page 4 of 7 Attachment number 1Page 5 of 7 Attachment number 1Page 6 of 7 Attachment number 1Page 7 of 7 Attachment number 2Page 1 of 1 Commission Meeting Agenda 6/15/2010 5:00 PM Augusta Museum of History Department:Clerk of Commission Caption:Consider a request from the Augusta Museum of History to fund a study relative to emergency funding regarding the replacement of the roof on the building. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Attachment number 1Page 1 of 1 Commission Meeting Agenda 6/15/2010 5:00 PM Hyatt Place Bonds Department:Clerk of Commission Caption:Discussion of Hyatt Place Parking Deck Bonds and receive as information Hyatt Place Hotel Bonds by the Downtown Development Authority. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Attachment number 1Page 1 of 1 Commission Meeting Agenda 6/15/2010 5:00 PM Receive as Information First Quarter 2010 Financials Department:Finance Caption:Receive as information First Quarter 2010 Financials. Background:Quarterly reports for the major funds are presented to inform the commission of the financial position of those funds. Analysis: Financial Impact: Alternatives: Recommendation:receive as information Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 6/15/2010 5:00 PM Change the road name of Harrison Street, between D’Antignac Street and Laney Walker Boulevard, in its entirety, to C S Hamilton Street Department:Planning Commission Caption:Motion to approve a request to change the road name of Harrison Street between D'Antignac Street and Laney-Walker Boulevard, in its entirety, to C S Hamilton Way. (Approved by Engineering Services Committee June 7, 2010) Background: Tracy E. Williams, Jr. and Ronald Brown Sr. have initiated a request to change the road name of Harrison Street to C S Hamilton Street. According to Erick Montgomery with Historic Augusta, the road name of Harrison Street (and he believes that it should be spelled with one “r” and not two) does appear to have historical significance, being named for Rev William H Harison and his Wife Mary Jones Harison. The Harisons lived in Augusta and the Rev Harison was the first rector of the Episcopal Church of the Atonement, which was on Telfair Street. Ms Harison was the benefactress of Saint Mary’s Episcopal Church, which was originally on Telfair Street, but has been on 12th Street since the 1930’s. Mary Jones Harison was from an old family in Augusta and Savannah, a descendant of Noble Jones of Wormsloe Plantation and from Macartan Campbell, one of Augusta’s earliest and most important original settlers. The Harisons provided Saint Mary’s Church, which was for African American Episcopalians. According to Mr Montgomery, the name of the (existing) street signs should be corrected to Harison, rather than Harrison. Present day descendants include Phil S. Harison who lives on Walton Way. The proposed road name C S Hamilton Street is intended to honor the late Reverend Dr Charles S Hamilton, former pastor of Tabernacle Baptist Church for 40 years. The designated street is adjacent to the church and parallel to 12th Street. According to the petitioner, Tracy E Williams, “Dr Hamilton was a brave and outstanding civil rights leader and city councilman for several years. He also campaigned for mayor twice. He served as president of the NAACP during a time when it was dangerous to say the letters N A A C P in public……….In 1963, he filed suit testing the constitutionality of the Act of 1872, which called for separate schools in Richmond County. He led the fight to integrate public venues (parks, playgrounds, the golf course) and private accommodations. He also filed a suit to integrate the police department and provided leadership for Paine College students who protested and marched to denounce segregated lunch counters, buses, parks and other facilities. He provided leadership before, during and after the 1970 Riot in Augusta. He called for calmness the night before the riot in a meeting at Tabernacle, and the next day in front of the Richmond County Municipal Building.” Mr Williams states that he is “sure the citizens, as well as religious, business and political leaders would be willing to pay homage to the great leader, the Reverend Dr Charles Spenser Hamilton, who made Cover Memo life better for all of us in Augusta.” Analysis:Existing residents will have to change their mailing address. 74.3% of the property owners along Harrison Street signed the petition to change the name of Harrison Street to C S Hamilton Street. Financial Impact:The cost to the City to change the street signs. Alternatives:Do not change the name of Harrison Street to C S Hamilton Street Recommendation:Honor the request to change the road name of Harrison Street, between D’Antignac Street and Laney Walker Boulevard, in its entirety, to C S Hamilton Street. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Attachment number 1Page 1 of 1 Attachment number 2Page 1 of 3 Attachment number 2Page 2 of 3 Attachment number 2Page 3 of 3 Commission Meeting Agenda 6/15/2010 5:00 PM Consider Eliminating Assistant Director Position in Utilities Department:Utilities Caption:Motion to authorize elimination of Assistant Director position in the Utilities Department. (Approved by Engineering Services Committee June 7, 2010) Background:The Utilities Department’s organizational structure includes six Assistant Directors. The functional areas of the Assistant Director positions are as follows: Water Production Wastewater Treatment Engineering Construction and Maintenance Finance and Customer Service Fort Gordon Analysis:This organizational structure evolved during AUD’s intense capital improvements program of the past 10 years. Because of the major plant construction that has been underway in both the Water Production and Wastewater Treatment areas, an Assistant Director for each has been necessary. With this construction nearing completion, the functions of both divisions can be successfully managed under a single division. Financial Impact:Eliminating an Assistant Director position would result in savings in direct salary costs of approximately $80,000. Alternatives:AUD’s organizational structure could be left unchanged, although potential efficiencies would not be realized. Recommendation:Recommend that the position of Assistant Director, Water Production be eliminated and that of Assistant Director, Wastewater Treatment be changed to Assistant Director, Facility Operations. The duties and responsibilities of the Water Production Assistant Director would be combined with those of the Wastewater Treatment Assistant Director. This change would be effective July 1, 2010. Funds are Available in the Following Accounts: This agenda item will result in savings. Cover Memo REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 6/15/2010 5:00 PM I-520 Widening/Reconstructing from Gordon Highway to Deans Bridge Rd. Department:Abie L. Ladson, PE, CPESC, Director, Engineering Department Caption:Motion to approve the execution the Local Government Lighting Project Agreement submitted by the Georgia Department of Transportation (GDOT) on project NH000-520-01 (017) PI 210700, improvements to I-520 from Gordon Highway to Deans Bridge Road, which states that GDOT shall be responsible for the installation, including all costs of materials to install high mast street lighting at the Gordon Highway and Deans Bridge Road interchanges and Augusta-Richmond County shall provide the energy, operation and maintenance for these systems; and approve the Resolution authorizing execution of the Local Government Lighting Project Agreement and designation of the Mayor and Clerk of Commission as appropriate persons to execute these documents as requested by AED. Funding will come from the Street Lights account 276-041610-5312310. (Approved by Engineering Services Committee June 7, 2010) Background:This is a GDOT project that will widen and reconstruct I-520 to 3 lanes in each direction from Gordon Highway to Deans Bridge Road and improve the respective interchanges. Final design activities are underway, right of way activities are underway and the project is currently scheduled to be let in calendar year 2011. The estimated right of way cost is $453,000 and the estimated construction cost is $24,207,987. Analysis:GDOT is managing this project and is responsible for all of the costs. On August 24, 2009 the Engineering Department submitted a request to GDOT which asked for high mast street lighting to be included at the Gordon Highway and Deans Bridge Road interchanges. GDOT has concurred with the request and on April 16, 2010 advised that the City needed to adopt a resolution to support the request. On April 27, 2010 GDOT advised Augusta-Richmond County that the lighting shall be administered in the form of a Local Government Lighting Project Agreement and submitted five (5) original copies to the County for execution. An original, official copy of the executed Resolution must be attached to all five (5) original executed Lighting Agreements and returned to GDOT for execution. GDOT will return one (1) fully executed Agreement to the County for our files. The agreement is considered continuing for a period of fifty (50 years) from the date it is fully executed. GDOT reserves the right to terminate this agreement at any time for just cause upon thirty (30) days written notice to Augusta-Richmond County. If the County elects to de-energize or fails to properly maintain or to repair the lighting system during the term of this agreement, the County shall reimburse GDOT the materials cost for the lighting system. If the County elects to de-energize or fails to properly operate, repair or maintain any individual unit within the lighting system, the County shall reimburse GDOT for the material cost for the individual Cover Memo unit which will include all costs for the pole, luminaries, foundations, and associated wiring. GDOT will provide the County with a statement of material costs upon completion of the installation. GDOT shall retain ownership of all materials and various components of the entire lighting system. The County, in its operation and maintenance of the lighting system, shall not in any way alter the type or location, or the design or any of the various components which make up the entire lighting system without prior written approval from GDOT. Financial Impact:FINANCIAL IMPACT: The cost for this shown below. Gordon Highway: 600 months X $16,500 per month = $9,900,000 Deans Bridge Road: 600 months X $15,400 per month = $9,240,000 Alternatives:1) Execute the Local Government Lighting Project Agreement submitted by the Georgia Department of Transportation (GDOT) on project NH000-520- 01 (017) PI 210700, improvements to I-520 from Gordon Highway to Deans Bridge Road, which states that GDOT shall be responsible for the installation, including all costs of materials to install high mast street lighting at the Gordon Highway and Deans Bridge Road interchanges and Augusta-Richmond County shall provide the energy, operation and maintenance for these systems; and approve the Resolution authorizing execution of the Local Government Lighting Project Agreement and designation of the Mayor and Clerk of Commission as appropriate persons to execute these documents as requested by AED. Funding will come from the Street Lights account 276-041610-5312310. 2) Do not approve and miss the opportunity to enhance the safety features of these interchanges. Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: 276- 041610-5312310 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Page | 1 AED - Resolution installation of High Mast Street Lighting A RESOLUTION AUGUSTA-RICHMOND COUNTY COMMISSIONERS AUGUSTA-RICHMOND COUNTY, GEORGIA A Resolution supporting the installation of high mast street lighting at the interchanges of Gordon Highway (SR10/US 78) and I-520 and Deans Bridge Road (SR 4/US 1) and I-520, GDOT Project NH000-0520-01 (017), PI 210700; authorizing execution of the local government Lighting Project Agreement (LGLPA) and designation of Mayor and Clerk of Commission as appropriate persons to execute documents; and other purposes, WHEREAS, the Georgia Department of Transportation is planning for road improvements on I-520 from Gordon Highway to Deans Bridge Road in Augusta- Richmond County, Georgia; and WHEREAS, Augusta, Georgia recognizes the benefits from providing high mast street lighting at interchanges; and WHEREAS, the Georgia Department of Transportation and Augusta, Georgia have agreed that installation of high mast street lighting at the Gordon Highway and Deans Bridge Road interchanges on I-520 will provide positive benefits for these interchanges; and WHEREAS, the Georgia Department of Transportation has developed an Agreement for Energy, Maintenance and Operation of the high mast street lighting to which Augusta, Georgia agrees; and WHEREAS, the lighting shall be administered in the form of a Local Government Lighting Project Agreement (LGLPA); and WHEREAS, it shall be the responsibility of the Georgia Department of Transportation to provide for the installation of the lighting system, including all costs of materials for the lighting system; and WHEREAS, it shall be the responsibility of Augusta, Georgia to provide the energy, operation and maintenance for the lighting system. Attachment number 1Page 1 of 2 Page | 2 AED - Resolution installation of High Mast Street Lighting THE COMMISSION OF AUGUSTA-RICHMOND COUNTY, GEORGIA HEREBY RESOLVES AS FOLLOWS: SECTION 1: Augusta-Richmond County Commission hereby requests the Georgia Department of Transportation assist in placing high mast street lighting at the Gordon Highway and Deans Bridge Road interchanges along I-520 as part of the noted project. SECTION 2: Augusta-Richmond County Commission resolves that the Mayor of Augusta, Georgia and the Clerk of Commission are hereby authorized and shall execute the Local Government Lighting Project Agreement on behalf of Augusta, Georgia. SECTION 3: Augusta-Richmond County Commission resolves that a copy of this Resolution be forwarded to the Commissioner of Georgia Department of Transportation, forthwith. Duly adopted this ________ day of ____________________, 2010. AUGUSTA, GEORGIA By: _______________________________________ Deke Copenhaver As Mayor ATTEST: __________________________________ Lena J. Bonner, Clerk of Commission Attachment number 1Page 2 of 2 Commission Meeting Agenda 6/15/2010 5:00 PM Motion to determine that portion of Hollis Road has ceased to be used by public to extent that no substantial public purpose is served by it, and a public hearing shall beheld regarding the issue of abandonment pursuant to O.C.G.A. §32-7-2. Department:Law Department Caption:Motion to determine that a portion of Hollis Road, as shown on the attached plat and consisting of 0.09 acre (4,106 square feet), has ceased to be used by the public to the extent that no substantial public purpose is served by it, and a public hearing shall be held regarding the issue of abandonment pursuant to O.C.G.A. §32-7-2. (Approved by Engineering Services Committee June 7, 2010) Background:The Engineering Department has been requested to abandon a portion of Hollis Road and deed this portion to the Mt. Vernon Baptist Church. This portion of Hollis Road currently has no use because it is either covered with trees and bushes or is being used for parking by the church. It does not serve any parcels other than the church itself. Therefore, the Engineering Department is recommending abandonment and transfer of this portion of Hollis Road to Mt. Vernon Baptist Church. Analysis:Upon approval by the Augusta Commission of the request to make a determination as to the usefulness of this portion of Hollis Road, pursuant to O.C.G.A. §32-7-2, publication must be made and a public hearing held to determine the impact, if any, of the proposed abandonment on neighbors and interested parties. All neighboring parcel owners must also be contacted individually to determine their opinion of the proposed abandonment. Once this process is completed, this information will be presented to the Augusta Commission for their approval or denial of the request for abandonment. Financial Impact:Cost of publication and advertisement of public hearing. Alternatives:Deny request for abandonment of portion of Hollis Road. Recommendation:Approve determination of usefulness of portion of Hollis Road, publication of request for abandonment, public hearing to determine input of neighboring property owners and citizens, and contact of surrounding property owners to determine their opinion of proposed abandonment, with results of same to be brought before the Augusta Commission for final disposition. Funds are Available in the Following Accounts: Cover Memo REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Attachment number 1Page 1 of 1 Commission Meeting Agenda 6/15/2010 5:00 PM Motion to grant Georgia Power Company an Easement for Underground Utilities at Solid Waste Landfill (4330 Deans Bridge Road), and have documents executed by Mayor and Clerk of Commission Department:Law Department Caption:Motion to grant Georgia Power Company an Easement for Underground Utilities at the Solid Waste Landfill located at 4330 Deans Bridge Road, Blythe, Georgia 30805, and have the documents executed by the Mayor and Clerk of Commission. (Approved by Engineering Services Committee June 7, 2010) Background:The Solid Waste Department has been requested to allow Georgia Power Company to install and maintain an underground distribution line to provide electrical service at the Solid Waste Landfill located at 4330 Deans Bridge Road, Blythe, Georgia 30805. Analysis:The Solid Waste Department has no objection to the proposed Easement for Underground Utilities requested by Georgia Power Company, which will allow Georgia Power Company to install and maintain electrical service at this site. Financial Impact:None to Augusta, Georgia Alternatives:Deny request for Easement for Underground Utilities. Recommendation:Approve Motion to grant Georgia Power Company an Easement for Underground Utilities at the Solid Waste Landfill located at 4330 Deans Bridge Road, Blythe, Georgia 30805, and allow Mayor and Clerk of Commission to execute necessary documents for said Easement. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Attachment number 1Page 1 of 3 Attachment number 1Page 2 of 3 Attachment number 1Page 3 of 3 Commission Meeting Agenda 6/15/2010 5:00 PM TEE Center Commissioning Department:Public Services Department - Facilities Management Division Caption:Motion to approve award of contract and expenditure of SPLOST funds dedicated to the New TEE Center, in the amount of $68,850, for basic Commissioning Services verifying full functionality of all systems to Total Systems Commissioning following evaluation of responses to Bid Item #10- 087. (Approved by Engineering Services Committee June 7, 2010) Background:The TEE Center is currently being designed by TVS Design. The Design Team is currently in Design Development phase, and R. W. Allen, out of Augusta, GA, has been contracted as the CM @ Risk for construction phase services. Plans call for a two story building with 40,000 square feet high bay exhibition hall. Analysis:Approving and executing the contract with Total Systems Commissioning will allow development of early commissioning plans. This firm was the lowest responsive bidder to Bid Item #10-087. The next lowest bid was approximately 50% higher. Financial Impact:The cost of the contract is capped at $68,850. Present SPLOST funds support the cost of the commissioning efforts. Alternatives:1. Approve award of contract and expenditure of SPLOST funds dedicated to the New TEE Center, in the amount of $68,850, for basic Commissioning Services verifying full functionality of all systems to Total Systems Commissioning following evaluation of responses to Bid Item #10-087. 2. Repeat advertisement and selection process, thereby delaying selection of the commissioning firm. Recommendation:#1. Approve award of contract and expenditure of SPLOST funds dedicated to the New TEE Center, in the amount of $68,850, for basic Commissioning Services verifying full functionality of all systems to Total Systems Commissioning following evaluation of responses to Bid Item #10-087. Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN ACCOUNT: GL 325-05-1120/JL 206-35- 1102 Object Code: 52-32111 REVIEWED AND APPROVED BY: Cover Memo Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Invitation To Bid Sealed bids will be received at this office until 3:00 p.m. Monday, April 26, 2010 for furnishing: Bid Item #10-087 Commissioning Services for TEE Center for Public Services Department Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 706-821-2422 Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 530 Greene Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing to the office of the Procurement Department by fax at 706-821-2811 or by mail. No bid will be accepted by fax, all must be received by mail or hand delivered. All questions are to be submitted in writing by Tuesday, April 13, 2010 by 5:00 p.m. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference on an eligible local project, the certification statement as a local bidder and all supporting documents must be submitted to the Procurement Department with your bonafide bid package. No Bid may be withdrawn for a period of 90 days after time has been called on the date of opening. 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. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. 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 March 18, 25, April 1, 8, 2010 Metro Courier March 24, 2010 cc: Fred Russell Administrator Tameka Allen Interim Deputy Administrator Don Greene Heery International Steve Kimsey Heery International Jacques Ware Dukes Edwards & Dukes Attachment number 1Page 1 of 1 VENDORS Attachment B Bidders Form Addendum Total Lump Sum Bay to Bay Balancing, Inc. 14819 N 12th Streewt Lutz, FL 33549-3508 YES YES YES $103,400.00 Newcomb & Boyd 303 Peachtree Center Avenue, NE, Ste 525 Atlanta, GA 30303 YES YES YES $213,315.00 Total Systems Commissioning, Inc. 1710 Defoor Avenue, Suite 100 Atlanta, GA 30318 YES YES YES $68,850.00 EMC Engineers, Inc. 4550 N Point Pkwy, Ste 300 Alpharetta, GA 30022 KLG Jones, LLC 209 Burgess Street Greer, SC 29651 Working Building 4501 Circle 75 Pkwy, Ste B 2200 Atlanta, GA 30339 Cranston Engineering Group 452 Ellis Street Augusta, GA 30901 Energy Ace 114 New Street, D2 Decatur, GA 30030 Hanson 720 N Maitland Avenue, Ste C Maitland, FL 32751 Harrington Group 3055 Breckinridge Boulevard Duluth, GA 30096 IPS 2500 Gateway Centre Blvd,, Ste 500 Morrisville, NC 27560 John Searcy & Associates, Inc. 2700 University Blvd W, Ste B-4 Jacksonville, FL 32217 PB America 1510 Hanger Road, Ste A Augusta, GA 30906 SH Group, Inc. 900 Circle 75 Parkway Atlanta, GA 30339 Systemworcx, LLC 5317 Old Bush River Road, Ste A Columbia, SC 29212 Bid Item #10-087 Commissioning Services for TEE Center for the City of Augusta - Public Services Department Bid Due: Monday, April 26, 2010 @ 3:00 p.m. Non-Compliant Did not return Attachment B and Bidders Form Non-Compliant Did not return Attachment B and Bidders Form Non-Compliant Did not return Attachment B and Bidders Form Did not acknowledge Addendum 1 Submitted No Bid Response Letter Page 1 of 1 Attachment number 2Page 1 of 1 Attachment number 3Page 1 of 3 Attachment number 3Page 2 of 3 Attachment number 3Page 3 of 3 Attachment number 4Page 1 of 3 Attachment number 4Page 2 of 3 Attachment number 4Page 3 of 3 Commission Meeting Agenda 6/15/2010 5:00 PM TEE Center Parking Control Equipment Department:Public Services Department - Facilities Management Division Caption:Motion to authorize to R.W. Allen, LLC to award Bid Package #1 to Amano McGann of Norcross, GA, in the amount of $250,930.00, to furnish and install the parking control equipment, for the TEE Center. (Approved by Engineering Services Committee June 7, 2010) Background:R.W. Allen, LLC was selected under RFQ 10-039 as the TEE Center project’s Construction Manager at Risk. The Design team, led by TVS, completed the first bid package, and bids were accepted and reviewed by R.W. Allen, LLC, and the CIPM. Analysis:The following is the lowest responsive, responsible bidders, as determined by R.W. Allen, LLC to perform the work. The Subcontractors pursuant to this Exhibit B-4 are as follows: 1. Amano McGann – Norcross, GA The Scope of Work includes furnishing and installation of the parking control equipment, and is within the budgeted amount that was estimated for this phase of the work. R.W. Allen, LLC, in conjunction with the design and program management team, will provide oversight during this and subsequent phases of the project. Proceeding with this work now will allow construction to proceed in an expedited fashion, leading to quicker completion of the new TEE Center. This activity needs to be completed prior to the start of the demolition. R.W. Allen, LLC has included the bid summary and bid proposals as back-up to support this. Financial Impact:The amount for Bid Package #1 is a component of the Guaranteed Maximum Price (GMP), which is scheduled to be established and approved in the 4th Quarter, 2010. The total GMP is currently budgeted to not exceed $27,927,200. Alternatives:1. Provide authorization to R.W. Allen, LLC to award Bid Package #1 to Amano McGann of Norcross, GA, in the amount of $250,930.00, to furnish and install the parking control equipment, for the TEE Center. 2. Wait until the Guaranteed Maximum Price is established in the 4th Quarter 2010, and delay the completion of the facility by five (5) months. Recommendation:Provide authorization to R.W. Allen, LLC to award Bid Package #1 to Amano McGann of Norcross, GA, in the amount of $250,930.00, to furnish and install the parking control equipment, for the TEE Center. Funds are Available in the Following TEE Center: GL 325-05-1130/JL 206351102 Cover Memo Accounts: REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo 1 of 1 Exhibit G-1 Authorization for Construction Pursuant to this agreement, the Owner and the Construction Manager hereby execute this Exhibit G-1 and further agree as follows: 1. The Construction Manager’s Guaranteed Maximum Price (“GMP”) proposal for the entire Project has not been established. However, the Construction Manager's GMP for the Early Award Bid Package #1, dated June 1, 2010, to fast track the Project, attached hereto and incorporated herein, is accepted by the Owner. 2. The General Conditions Guaranteed Maximum Cost for the Project, including this Bid Package, is $1,082,670.00 3. Preconstruction Services $26,400.00 4. The Subcontracts Cost is: Bid Package #1 Bid Package #2 Bid Package #3 Bid Package #4 Bid Package #5 Bid Package #6 $250,930.00 TBD TBD 5. The Lump Sum Fixed Management Fee for the Project, including this Bid Package, is $780,000.00 6. The Guaranteed Maximum Price for the Project is TBD 7. The Date of Substantial Completion shall be 24 months after Notice-to-Proceed Items 2, 3, and 5 above were previously agreed to and included in the agreement. Owner: Construction Manager: Augusta, Georgia R.W. Allen, LLC By: (Signature) (Seal) (Signature) (Seal) (Name) (Name) (Title) (Title) (Attest) (Street Address – No PO Box) (City Clerk) (City, State, Zip) Date of Signature Date of Signature Attachment number 1Page 1 of 1 Attachment number 2Page 1 of 25 Attachment number 2Page 2 of 25 Attachment number 2Page 3 of 25 Attachment number 2Page 4 of 25 Attachment number 2Page 5 of 25 Attachment number 2Page 6 of 25 Attachment number 2Page 7 of 25 Attachment number 2Page 8 of 25 Attachment number 2Page 9 of 25 Attachment number 2Page 10 of 25 Attachment number 2Page 11 of 25 Attachment number 2Page 12 of 25 Attachment number 2Page 13 of 25 Attachment number 2Page 14 of 25 Attachment number 2Page 15 of 25 Attachment number 2Page 16 of 25 Attachment number 2Page 17 of 25 Attachment number 2Page 18 of 25 Attachment number 2Page 19 of 25 Attachment number 2Page 20 of 25 Attachment number 2Page 21 of 25 Attachment number 2Page 22 of 25 Attachment number 2Page 23 of 25 Attachment number 2Page 24 of 25 Attachment number 2Page 25 of 25 Commission Meeting Agenda 6/15/2010 5:00 PM Minutes Department:Clerk of Commission Caption:Motion to approve the minutes of the regular meeting of the Commission held on June 1, 2010. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 6/15/2010 5:00 PM Municipal Golf Course Department: Caption:Consider recommendations from the Municipal Golf Course Study Subcommittee. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Attachment number 1Page 1 of 9 Attachment number 1Page 2 of 9 Attachment number 1Page 3 of 9 Attachment number 1Page 4 of 9 Attachment number 1Page 5 of 9 Attachment number 1Page 6 of 9 Attachment number 1Page 7 of 9 Attachment number 1Page 8 of 9 Attachment number 1Page 9 of 9 Commission Meeting Agenda 6/15/2010 5:00 PM Downtown Development Authority Department: Caption:Consider the recommendation of the Downtown Development Authority for the following appointment (due to the resignation of Paul King) of Rick Allen to fill the unexpired term. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Attachment number 1Page 1 of 2 Attachment number 1Page 2 of 2 Commission Meeting Agenda 6/15/2010 5:00 PM Legislative Delegation Appointments Department: Caption:Motion to approve the attached list dated June 3, 2010 of Augusta- Richmond County Legislative appointments to various ARC Boards, Commissions and Authorities. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Attachment number 1Page 1 of 2 Attachment number 1Page 2 of 2 Commission Meeting Agenda 6/15/2010 5:00 PM Motion to Approve Appeal of Personnel Board Rulings regarding John Allen and Santonio Dennis Department:Administrator Caption:Motion to approve Appeal of Personnel Board Rulings regarding John Allen and Santonio Dennis. Background:On May 19, 2010 the Augusta-Richmond County Personnel Board considered the Administrator's decision to terminate John Allen and Santonio Dennis. On May 20, 2010 the Personnel Board issued a written decision declining to uphold these terminations. Analysis:Georgia Law allows for an appeal to Superior Court for either party displeased with a Personnel Board decision. The effect of appealing the decision is to stay the ruling of the personnel board until the appeal is resolved. Financial Impact:Augusta will be required to post a bond to proceed with the appeal. Alternatives:Decline to appeal the decisions of the Personnel Board as related to John Allen and Santonio Dennis. Recommendation:Appeal these rulings to Superior Court. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 6/15/2010 5:00 PM Damascus Road Department: Caption:Discuss Augusta State/Damascus Road property. (Requested by Commissioner Don Grantham) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Attachment number 1Page 1 of 1 Commission Meeting Agenda 6/15/2010 5:00 PM Affidavit Department:Clerk of Commission 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