HomeMy WebLinkAbout2011-03-01-Meeting Agenda
Commission Meeting Agenda
Commission Chamber
3/1/2011
5:00 PM
INVOCATION:
Reverend D.J. Daly, Pastor SouthPoint Christian Center.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA.
Five (5) minute time limit per delegation
DELEGATIONS
A. Mr. R. Omar Salaam. RE: Trailer Sales and Rental's doing fraudulent business in the
City of Augusta, Ga.
Attachments
B. Mr. Scott Hudson. RE: Update on the state of the Old Richmond Academy Building.
Attachments
CONSENT AGENDA
(Items 1-19)
PLANNING
1. ZA-R-201 – A request for concurrence with the Augusta Richmond County Planning
Commission to approve a petition to amend the Comprehensive Zoning Ordinance
for Augusta Richmond County by amending Section 28-B-8-(K) regarding signs
involving internal lights or other electrical devices or circuits and the standards for
certification. (Approved by the Augusta Commission February 15, 2011- second
reading)
Attachments
PUBLIC SERVICES
2. Motion to approve New Ownership Application: A. N. 11 - 07: request by Douglas
A. Delise for an on premise consumption Liquor, Beer & Wine license to be used in
connection with Tailwinds Augusta, LLC located at 1501 Aviation Way. There will
be Sunday Sales. District 1. Super District 9. (Approved by Public Services
Committee February 21, 2011)
Attachments
3. Motion to reject the bid provided by Mr. Jay Jahn, owner of Tailwinds, and approve Attachments
the agreement with Tailwind Deli, News & Gifts, Inc., of Wilmington, North
Carolina, for Airport Concessions. (Approved by Public Services Committee
February 21, 2011)
4. Motion to appoint the following individuals to serve a four-year term on the
Construction Advisory Board for their respective trades: Mr. Rick Pinnell - HVAC
Contractor, Mr. Greg Bowles - Residential / Light Commercial Contractor, and re-
appoint Mr. Chris Booker – Architect, and Mrs. Doris Harrison Residential Builder.
(Approved by Public Services Committee February 21, 2011)
Attachments
5. Motion to approve the 2011 Health and Wellness Grant and an amendment to the
2011 Cooperative Agreement with Central Savannah River Area Regional
Commission (CSRA RC), related to the senior services programs operated by
Augusta Recreation and Parks. (Approved by Public Services Committee February
21, 2011)
Attachments
6. Motion to approve Amendment 1 to the Airport Janitorial Contract. (Approved by
Public Services Committee February 21, 2011)
Attachments
ADMINISTRATIVE SERVICES
7. Motion to approve an Ordinance to amend the Augusta, GA Code Title Two Sections
1-7-11 through 1-7-21 to amend the personnel system; to repeal all code sections and
ordinances and parts of the code sections and ordinances in conflict. (Approved by
the Augusta Commission February 15, 2011- second reading)
Attachments
8. Revised Personnel Policy and Procedures Manual. (Approved by the Augusta
Commission Febraury 15, 2011 - second reading)
Attachments
9. Motion to approve Resolution to authorize the Tax Commissioner to accept various
forms of payment for property taxes - O.C.G.A. 48-5-9.1. (Approved by
Administrative Services Committee February 21, 2011)
Attachments
FINANCE
10. Motion to approve accepting $3,000 from the 4-H Military Account of the Georgia 4-
H Foundation as replacement funding for Extension Agent Betty English to conduct
and coordinate 4-H Programming at Fort Gordon. The $500 monthly replacement
funding will run March 1, 2011 through August 30, 2011. She will be dedicating 10%
of her time to complete job duties associated with this project. (Approved by
Finance Committee February 21, 2011)
Attachments
11. Motion to approve a resolution of selected dates (changing the April 25th date to
July 6, 2011) for building closure regarding the implementation of furlough reduction
for 2011 and to declare those dates "unpaid days of rest" in accordance with O.C.G.A.
36-1-12 and 15-6-93. (Approved by Finance Committee February 21, 2011)
Attachments
12. Motion to approve a budget resolution and grant agreements with the U. S.
Department of Transportation (DOT) and the U.S. Department of Housing and Urban
Development (HUD) and Signature Authorization Letter dated February 23, 2011 for
the Augusta Sustainable Development Implementation Program. (Approved by
Finance Committee February 21, 2011)
Attachments
13. Motion to approve coverage on Public Official Liability Insurance with Landmark
American Insurance Company for $64,948 for April 19, 2011 to April 19, 2012.
(Approved by Finance Committee February 21, 2011)
Attachments
14. Motion to approve the continue purchase of Workers' Compensation Excess
Insurance. (Approved by Finance Committee February 21, 2011)
Attachments
ENGINEERING SERVICES
15. Motion to approve the 4115 Burning Tree Lane change order to Jeffery Harris
Trucking Inc. in the amout of $24,500 for the removal of 220 LF x 36" of failed CMP
and installation of 220 x 36" LF of HDPE. (Approved by Engineering Services
Committee February 21, 2011)
Attachments
16. Motion to approve supplemental agreement with B&E Electrical in the amount of
$258,212.30 for the Gordon Highway Adaptive Signal Project to install a traffic
signal at the intersection of Jimmie Dyess Parkway and Harper Franklin Avenue as
well as provide signal connectivity with Gate 1, install pedestrian facilities and
intersection modifications as requested by AED. (Approved by Engineering
Services Committee February 21, 2011)
Attachments
17. Motion to approve an Option for the purposes of acquiring a Right-of-Way between
William C. Howard, as owner, and Augusta, Georgia, as optionee, in connection with
the Traffic Safety Improvements Project, in fee simple, consisting of (200 sq. ft.)
more or less; and (N/A sq. ft.) of permanent easement, more or less; and (N/A sq.
ft.) of temporary construction easement, private, at the purchase price of $1,000.00.
(Approved by Engineering Services Committee February 21, 2011)
Attachments
PETITIONS AND COMMUNICATIONS
18. Motion to approve the minutes of the regular meeting of the Commission held
February 15, 2011 and Special Called Legal Meeting held February 21, 2011.
Attachments
APPOINTMENT(S)
19. Motion to approve the appointment of James Germany to the Aviation Authority
representing District 3.
Attachments
****END CONSENT AGENDA****
AUGUSTA COMMISSION
3/1/2011
AUGUSTA COMMISSION
REGULAR AGENDA
3/1/2011
(Items 20-26)
ADMINISTRATIVE SERVICES
20. Update from the Administrator regarding the September 3, 2010 meeting with the
Augusta Housing Authority to address the numerous complaints about the lack
of property upkeep/code enforcement of government-subsidized Section 8
housing and the September 7, 2010 Commission approval of the 90-day trial period
of the Augusta-Richmond County Neighborhood Special Task Force. (Requsted by
Commissioner Alvin Mason)
Attachments
21. Discuss the substitute motion made by Commissioner Jerry Brigham at the February
1st Commission meeting relative to the approval of the Personnel, Policy & Procedure
Manual and the Augusta Law Department's modification of the motion. (Requested
by Commissioner Alvin Mason)
Attachments
22. Discuss immediate hiring freeze on all non-essential employee positions with
commission approval being required for the employment of essential personnel. (No
recommendation from Administrative Services Committee February 21, 2011)
Attachments
23. Update from the Administrator regarding the request made at the January 21st Work
Session and the February 7th Administrative Services Committee for a cost
benefit/savings/analysis/matrix of the proposed reorganization. (Requested by
Commissioner Alvin Mason)
Attachments
Upcoming Meetings
www.augustaga.gov
FINANCE
24. Consider a request from Tomberlin regarding an abatement of penalties regarding the
taxes owed for Asian Ventures, Inc., Tomberlin Automotive Group, Inc., PowerGroup
International, LLC, and Polaris America of Augusta, Inc. (No recommendation from
Finance Committee February 21, 2011)
Attachments
APPOINTMENT(S)
25. Motion to approve the following Ex-Officio Commission appointments to various
Augusta-Richmond County Boards, Commissions and Authorities: Commissioners
Jerry Brigham, Board of Health, Joe Jackson, Augusta Aviation, Wayne Guilfoyle,
Greater Augusta Arts Council, Matt Aitken, Planning Commission, Alvin Mason,
Library Board, Grady Smith, General Aviation, Corey Johnson, Board of
Education, J.R. Hatney, Family Connection, Joe Bowles, Richmond County Hospital
Authority, Joe Jackson 9-1-1 Emergency Board, Bill Lockett, Tax Assessors
Board, and Joe Bowles, CSRA Regional Development Authority. (Requested by
Mayor Pro Tem Joe Bowles)
Attachments
LEGAL MEETING
A. Pending and Potential Litigation.
B. Real Estate.
C. Personnel.
26. Motion to authorize execution by the Mayor of the affidavit of compliance with
Georgia's Open Meeting Act.
Commission Meeting Agenda
3/1/2011 5:00 PM
Invocation
Department:
Caption:Reverend D.J. Daly, Pastor SouthPoint Christian Center.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 1
Commission Meeting Agenda
3/1/2011 5:00 PM
R. Omar Salaam
Department:
Caption:Mr. R. Omar Salaam. RE: Trailer Sales and Rental's doing fraudulent
business in the City of Augusta, Ga.
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
3/1/2011 5:00 PM
Scott Hudson
Department:
Caption:Mr. Scott Hudson. RE: Update on the state of the Old Richmond Academy
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
3/1/2011 5:00 PM
ZA-R-201
Department:Planning Commission
Caption: ZA-R-201 – A request for concurrence with the Augusta Richmond County
Planning Commission to approve a petition to amend the Comprehensive
Zoning Ordinance for Augusta Richmond County by amending Section 28-
B-8-(K) regarding signs involving internal lights or other electrical devices
or circuits and the standards for certification. (Approved by the Augusta
Commission February 15, 2011- second reading)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
ORDINANCE ______
An Ordinance to amend the Comprehensive Zoning Ordinance adopted by the
Augusta-Richmond County Commission effective September 16, 1997 by
amending Section 28-B
THE AUGUSTA COMMISSION HEREBY ORDAINS:
SECTION I. That the Comprehensive Zoning Ordinance is amended by deleting the
following language in Section 28-B-8 (K)
K. Code Conformance. All signs for which a building permit is required shall be
constructed and maintained in conformance with City building and electrical
codes. Plans for all freestanding signs 30 feet or higher, or greater than 150
square feet, shall be certified as to conformance with all structural and wind-load
resistive standards of the Building Code by a structural engineer registered in the
State of Georgia, or be prepared using standard drawings prepared by a structural
engineer or other qualified professional meeting or exceeding all requirements of
the Building Code. Freestanding signage that does not require an engineer's seal
must include supporting foundation calculations. All freestanding signage
requires a foundation inspection. Neon exposed or attached to a structure requires
a final inspection. All signage must have a disconnect switch located at the
signage. All signs involving internal lights or other electrical devices or circuits
shall display a label certifying it as meeting standards of the Underwriter's
Laboratories. All signs, together with their supports, braces, guys and anchors,
shall be kept in good repair and, unless constructed of galvanized or non-
corroding metal, shall be given a protective coating as necessary to maintain a
clean appearance and safe condition.
SECTION III. That the Comprehensive Zoning Ordinance is amended by adding the
following language in Section 28-B-8 (K)
K. Code Conformance. All signs for which a building permit is required shall be
constructed and maintained in conformance with City building and electrical
codes. Plans for all freestanding signs 30 feet or higher, or greater than 150
square feet, shall be certified as to conformance with all structural and wind-load
resistive standards of the Building Code by a structural engineer registered in the
State of Georgia, or be prepared using standard drawings prepared by a structural
engineer or other qualified professional meeting or exceeding all requirements of
the Building Code. Freestanding signage that does not require an engineer's seal
Attachment number 1Page 1 of 2
must include supporting foundation calculations. All freestanding signage
requires a foundation inspection. Neon exposed or attached to a structure requires
a final inspection. All signage must have a disconnect switch located at the
signage. All signs involving internal lights or other electrical devices or circuits
shall display a label certifying that all equipment or products are approved by
one of the organizations currently recognized by OSHA as “Nationally
Recognized Testing laboratories (NRTL)’. All signs, together with their supports,
braces, guys and anchors, shall be kept in good repair and, unless constructed of
galvanized or non-corroding metal, shall be given a protective coating as
necessary to maintain a clean appearance and safe condition.
SECTION III. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby
repealed.
Duly adopted by the Augusta-Richmond County Commission this ______ day of
__________________, 2011.
__________________________________________
MAYOR, AUGUSTA COMMISSION
AUGUSTA, GEORGIA
ATTEST:
________________________________________
LENA BONNER, CLERK
First Reading: ____________________________
Second Reading: __________________________
Attachment number 1Page 2 of 2
Commission Meeting Agenda
3/1/2011 5:00 PM
Alcohol Application
Department:License & Inspections
Caption:Motion to approve New Ownership Application: A. N. 11 - 07: request by
Douglas A. Delise for an on premise consumption Liquor, Beer & Wine
license to be used in connection with Tailwinds Augusta, LLC located at
1501 Aviation Way. There will be Sunday Sales. District 1. Super District 9.
(Approved by Public Services Committee February 21, 2011)
Background:This is a new ownership application. Formerly in the name of Jay Jahn.
Analysis:The applicant meets the requirements of the Augusta Richmond County
Alcohol Ordinance.
Financial Impact:The applicant will pay a fee of $5445.00.
Alternatives:
Recommendation:License & Inspections recommends approval. The RCSD recommends
approval.
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
3/1/2011 5:00 PM
Concession Contract – Passenger Terminal Facility Augusta Regional Airport Food, Beverage and Retail
Department:Augusta Regional Airport
Caption:Motion to reject the bid provided by Mr. Jay Jahn, owner of Tailwinds, and
approve the agreement with Tailwind Deli, News & Gifts, Inc., of
Wilmington, North Carolina, for Airport Concessions. (Approved by
Public Services Committee February 21, 2011)
Background:The contract for the current Restaurant/Lounge concessionaire expired in
October 2010. Airport staff solicited RFP’s on two separate occasions for
the food, beverage and retail concession services and received one response
from Tailwinds Lounge, the current operator. The single proposal was
reviewed by a committee consisting of Gary LeTellier, Diane Johnston,
Phyllis Mills and Nancy Williams on Thursday, October 30. After the initial
review, Airport staff met with Mr. Jay Jahn, the owner of Tailwinds on
several occasions to discuss details of his RFP but in the end was unable to
come to terms regarding his concession proposal and its adherence to the
advertised specification. Airport staff subsequently requested the Aviation
Commission reject the RFP and attempt to negotiate a contract to operate the
airport concession with other interested parties. Staff identified a couple of
national firms that specialize in airport concession operations and one
interested local party. Discussions were initiated individually with the
companies. Tailwind Deli, News & Gifts, Inc., of Wilmington, North
Carolina (unrelated to the current provider) emerged with the strongest
proposal for combined food, beverage and retail service to the airport. An
agreement has been drafted by the Airport’s legal counsel defining the
privileges and commitments for the food, beverage and retail provider and
the Airport relating to the service as negotiated.
Analysis:The Aviation Commission has expressed a desire to provide the traveling
public with the convenience of a restaurant and lounge area and general
retail products in the arrivals and departure concourses while they are
waiting for flights. Due to the large investment by Tailwind, the contract is
for an initial term of five years with a five year option to be reviewed for
possible adjustments in terms prior to renewal. The new agreement
identifies the terms and conditions for the service and vendor. Time is now
of the essence and dictates a approval of this item be done in an expeditious
manner in order to facilitate a Tailwind opening prior to Masters Week in
April. A bound prospectus from Tailwind is enclosed which details most
aspects of their proposed service.
Financial Impact:
Tailwind Deli, News & Gifts, Inc., is willing to invest $210,661 in capital
improvements and inventory and to provide compensation of 10% of total
gross retail and alcoholic beverage sales and 5% of total gross food and
Cover Memo
beverage sales to be paid monthly.
Alternatives:Deny request.
Recommendation:Airport staff recommends discussion and approval by the Aviation
Commission of the enclosed contract with Tailwind Deli, News & Gifts, Inc.
for Food, Beverage and Retail Concession in the Passenger Terminal
Facility at the Augusta Regional Airport.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Attachment number 1Page 1 of 76
Attachment number 1Page 2 of 76
Attachment number 1Page 3 of 76
Attachment number 1Page 4 of 76
Attachment number 1Page 5 of 76
Attachment number 1Page 6 of 76
Attachment number 1Page 7 of 76
Attachment number 1Page 8 of 76
Attachment number 1Page 9 of 76
Attachment number 1Page 10 of 76
Attachment number 1Page 11 of 76
Attachment number 1Page 12 of 76
Attachment number 1Page 13 of 76
Attachment number 1Page 14 of 76
Attachment number 1Page 15 of 76
Attachment number 1Page 16 of 76
Attachment number 1Page 17 of 76
Attachment number 1Page 18 of 76
Attachment number 1Page 19 of 76
Attachment number 1Page 20 of 76
Attachment number 1Page 21 of 76
Attachment number 1Page 22 of 76
Attachment number 1Page 23 of 76
Attachment number 1Page 24 of 76
Attachment number 1Page 25 of 76
Attachment number 1Page 26 of 76
Attachment number 1Page 27 of 76
Attachment number 1Page 28 of 76
Attachment number 1Page 29 of 76
Attachment number 1Page 30 of 76
Attachment number 1Page 31 of 76
Attachment number 1Page 32 of 76
Attachment number 1Page 33 of 76
Attachment number 1Page 34 of 76
Attachment number 1Page 35 of 76
Attachment number 1Page 36 of 76
Attachment number 1Page 37 of 76
Attachment number 1Page 38 of 76
Attachment number 1Page 39 of 76
Attachment number 1Page 40 of 76
Attachment number 1Page 41 of 76
Attachment number 1Page 42 of 76
Attachment number 1Page 43 of 76
Attachment number 1Page 44 of 76
Attachment number 1Page 45 of 76
Attachment number 1Page 46 of 76
Attachment number 1Page 47 of 76
Attachment number 1Page 48 of 76
Attachment number 1Page 49 of 76
Attachment number 1Page 50 of 76
Attachment number 1Page 51 of 76
Attachment number 1Page 52 of 76
Attachment number 1Page 53 of 76
Attachment number 1Page 54 of 76
Attachment number 1Page 55 of 76
Attachment number 1Page 56 of 76
Attachment number 1Page 57 of 76
Attachment number 1Page 58 of 76
Attachment number 1Page 59 of 76
Attachment number 1Page 60 of 76
Attachment number 1Page 61 of 76
Attachment number 1Page 62 of 76
Attachment number 1Page 63 of 76
Attachment number 1Page 64 of 76
Attachment number 1Page 65 of 76
Attachment number 1Page 66 of 76
Attachment number 1Page 67 of 76
Attachment number 1Page 68 of 76
Attachment number 1Page 69 of 76
Attachment number 1Page 70 of 76
Attachment number 1Page 71 of 76
Attachment number 1Page 72 of 76
Attachment number 1Page 73 of 76
Attachment number 1Page 74 of 76
Attachment number 1Page 75 of 76
Attachment number 1Page 76 of 76
Commission Meeting Agenda
3/1/2011 5:00 PM
Construction Advisory Board
Department:License & Inspection
Caption:Motion to appoint the following individuals to serve a four-year term on the
Construction Advisory Board for their respective trades: Mr. Rick Pinnell -
HVAC Contractor, Mr. Greg Bowles - Residential / Light Commercial
Contractor, and re-appoint Mr. Chris Booker – Architect, and Mrs. Doris
Harrison Residential Builder. (Approved by Public Services Committee
February 21, 2011)
Background:The terms for three of the Construction Advisory Board members have
expired and the fourth member no longer meets the Augusta residency
requirement…. Mr. Chris Booker who is currently serving as the Architect
has agreed to serve another term, and Mrs. Doris Harrison who is currently
serving as the Residential Builder has agreed to serve another term. Mr.
Rick Pinnell is recommended as the HVAC contractor to replace Mr. Larry
Babbitt. Mr. Gregg Bowles is recommended as the Residential-Light
Commercial contractor to replace Mr. Doug McMonigle.
Analysis:The Construction Advisory Board consists of eleven members and serves in
an advisory capacity on matters pertaining to construction. It will conduct
mediation hearings to resolve differences of opinions in the interpretation of
all construction codes and inspection procedures. The Board will also serve
as a liaison between the City of Augusta and builders, developers, design
professionals and other disciplines involved in the building industry… The
Construction Advisory Board meets bimonthly beginning in January at the
Sand Hills Community Center.
Financial Impact:N/A
Alternatives:Do not appoint the recommended individuals.
Recommendation:Approve
Funds are Available in
the Following
Accounts:
N/A
REVIEWED AND APPROVED BY:Cover Memo
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Commission Meeting Agenda
3/1/2011 5:00 PM
Contract and Cooperative agreement CSRA RC
Department:Recreation and Parks, Tom F. Beck, Jr. Director
Caption:Motion to approve the 2011 Health and Wellness Grant and an amendment
to the 2011 Cooperative Agreement with Central Savannah River
Area Regional Commission (CSRA RC), related to the senior services
programs operated by Augusta Recreation and Parks. (Approved by Public
Services Committee February 21, 2011)
Background:These contracts are related to the grant funding received by Augusta
for senior adult nutrition and wellness services operated by Augusta
Recreation and Parks across Augusta-Richmond County.
Analysis:The Health and wellness grant is for the promotion and implementation of
wellness/fitness programs and the purchase of equipment. The amendment
to the cooperative agreement is for @2000 additional home delivered meals
to the seniors.
Financial Impact:Grant funds: $35661 Local match: $ 4457 Title III C2 funds: $10000 Local
match: $ 1111
Alternatives:Not to accept the grant funds, which would leave Augusta with total
responsibility for funding these programs.
Recommendation:To approve
Funds are Available in
the Following
Accounts:
220054381 Wellness 220054322 Food services grant
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Attachment number 1Page 1 of 1
Attachment number 2Page 1 of 1
Attachment number 3Page 1 of 1
Commission Meeting Agenda
3/1/2011 5:00 PM
Janitorial Contract Amendment 1
Department:Augusta Regional Airport
Caption:Motion to approve Amendment 1 to the Airport Janitorial Contract.
(Approved by Public Services Committee February 21, 2011)
Background:The current staffing level of the janitorial services provider is not enough to
adequately clean the airport terminal. This was due to a change in scope of
services that wasn’t accounted for in the last request for bid. Therefore, we
are requesting to add two full time service workers to the contract.
Analysis:By increasing the staffing level, the contractor will be more equipped to
maintain the cleanliness of the Airport.
Financial Impact:The additional monthly charge for hiring two service workers is $4,116.89
per month. This expense is consistent with the cost of personnel in the
current contract.
Alternatives:Deny request.
Recommendation:Approve the amendment as requested.
Funds are Available in
the Following
Accounts:
551-08-1109/5212999
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
3/1/2011 5:00 PM
Augusta Housing Authority
Department:
Caption:Update from the Administrator regarding the September 3, 2010 meeting
with the Augusta Housing Authority to address the numerous complaints
about the lack of property upkeep/code enforcement of government-
subsidized Section 8 housing and the September 7, 2010 Commission
approval of the 90-day trial period of the Augusta-Richmond County
Neighborhood Special Task Force. (Requsted by Commissioner Alvin
Mason)
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
3/1/2011 5:00 PM
February 1, 2011 minutes
Department:
Caption:Discuss the substitute motion made by Commissioner Jerry Brigham at the
February 1st Commission meeting relative to the approval of the Personnel,
Policy & Procedure Manual and the Augusta Law Department's
modification of the motion. (Requested by Commissioner Alvin Mason)
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 5
Attachment number 1Page 2 of 5
Attachment number 1Page 3 of 5
Attachment number 1Page 4 of 5
Attachment number 1Page 5 of 5
Commission Meeting Agenda
3/1/2011 5:00 PM
Hiring Freeze
Department:Clerk of Commission
Caption:Discuss immediate hiring freeze on all non-essential employee positions
with commission approval being required for the employment of essential
personnel. (No recommendation from Administrative Services
Committee February 21, 2011)
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
3/1/2011 5:00 PM
Ordinance to amend Personnel System
Department:Law
Caption:Motion to approve an Ordinance to amend the Augusta, GA Code Title
Two Sections 1-7-11 through 1-7-21 to amend the personnel system; to
repeal all code sections and ordinances and parts of the code sections and
ordinances in conflict. (Approved by the Augusta Commission February
15, 2011- second reading)
Background:Realligning terms of appointee(s) to correspond with the term of the
appointing commissioner(s), creating by-laws under which the personnel
board shall operate under, and other purposes
Analysis:On [DATE], the personnel board approved section 1-7-20 to include the
power to require current employee witnesses as identified by either party to
attend and participate in the board hearing with the threat of disciplinary
action for failure to attend and/or participate. However, due to operational
concerns, we recommend that section 1-7-20 maintain the current status of
voluntary participation for witnesses and have attached a version so
reflecting.
Financial Impact:None
Alternatives:Approve sections 1-7-11 through 1-7-21 to amend the personnel system
INCLUDING the power to require current employee witnesses to attend and
participate in board hearings
Recommendation:Approve sections 1-7-11 through 1-7-21 to amend the personnel system
EXCLUDING the power to require current employee witnesses to attend
and participate in board hearings
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission Cover Memo
Attachment number 1Page 1 of 28
Attachment number 1Page 2 of 28
Attachment number 1Page 3 of 28
Attachment number 1Page 4 of 28
Attachment number 1Page 5 of 28
Attachment number 1Page 6 of 28
Attachment number 1Page 7 of 28
Attachment number 1Page 8 of 28
Attachment number 1Page 9 of 28
Attachment number 1Page 10 of 28
Attachment number 1Page 11 of 28
Attachment number 1Page 12 of 28
Attachment number 1Page 13 of 28
Attachment number 1Page 14 of 28
Attachment number 1Page 15 of 28
Attachment number 1Page 16 of 28
Attachment number 1Page 17 of 28
Attachment number 1Page 18 of 28
Attachment number 1Page 19 of 28
Attachment number 1Page 20 of 28
Attachment number 1Page 21 of 28
Attachment number 1Page 22 of 28
Attachment number 1Page 23 of 28
Attachment number 1Page 24 of 28
Attachment number 1Page 25 of 28
Attachment number 1Page 26 of 28
Attachment number 1Page 27 of 28
Attachment number 1Page 28 of 28
Commission Meeting Agenda
3/1/2011 5:00 PM
Personnel Policy and Procedures Manual
Department:Law
Caption:Revised Personnel Policy and Procedures Manual. (Approved by the
Augusta Commission Febraury 15, 2011 - second reading)
Background:Revised Personnel Policy and Procedures Manual to reflect edits requested
by Commissioners.
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 270
Attachment number 1Page 2 of 270
Attachment number 1Page 3 of 270
Attachment number 1Page 4 of 270
Attachment number 1Page 5 of 270
Attachment number 1Page 6 of 270
Attachment number 1Page 7 of 270
Attachment number 1Page 8 of 270
Attachment number 1Page 9 of 270
Attachment number 1Page 10 of 270
Attachment number 1Page 11 of 270
Attachment number 1Page 12 of 270
Attachment number 1Page 13 of 270
Attachment number 1Page 14 of 270
Attachment number 1Page 15 of 270
Attachment number 1Page 16 of 270
Attachment number 1Page 17 of 270
Attachment number 1Page 18 of 270
Attachment number 1Page 19 of 270
Attachment number 1Page 20 of 270
Attachment number 1Page 21 of 270
Attachment number 1Page 22 of 270
Attachment number 1Page 23 of 270
Attachment number 1Page 24 of 270
Attachment number 1Page 25 of 270
Attachment number 1Page 26 of 270
Attachment number 1Page 27 of 270
Attachment number 1Page 28 of 270
Attachment number 1Page 29 of 270
Attachment number 1Page 30 of 270
Attachment number 1Page 31 of 270
Attachment number 1Page 32 of 270
Attachment number 1Page 33 of 270
Attachment number 1Page 34 of 270
Attachment number 1Page 35 of 270
Attachment number 1Page 36 of 270
Attachment number 1Page 37 of 270
Attachment number 1Page 38 of 270
Attachment number 1Page 39 of 270
Attachment number 1Page 40 of 270
Attachment number 1Page 41 of 270
Attachment number 1Page 42 of 270
Attachment number 1Page 43 of 270
Attachment number 1Page 44 of 270
Attachment number 1Page 45 of 270
Attachment number 1Page 46 of 270
Attachment number 1Page 47 of 270
Attachment number 1Page 48 of 270
Attachment number 1Page 49 of 270
Attachment number 1Page 50 of 270
Attachment number 1Page 51 of 270
Attachment number 1Page 52 of 270
Attachment number 1Page 53 of 270
Attachment number 1Page 54 of 270
Attachment number 1Page 55 of 270
Attachment number 1Page 56 of 270
Attachment number 1Page 57 of 270
Attachment number 1Page 58 of 270
Attachment number 1Page 59 of 270
Attachment number 1Page 60 of 270
Attachment number 1Page 61 of 270
Attachment number 1Page 62 of 270
Attachment number 1Page 63 of 270
Attachment number 1Page 64 of 270
Attachment number 1Page 65 of 270
Attachment number 1Page 66 of 270
Attachment number 1Page 67 of 270
Attachment number 1Page 68 of 270
Attachment number 1Page 69 of 270
Attachment number 1Page 70 of 270
Attachment number 1Page 71 of 270
Attachment number 1Page 72 of 270
Attachment number 1Page 73 of 270
Attachment number 1Page 74 of 270
Attachment number 1Page 75 of 270
Attachment number 1Page 76 of 270
Attachment number 1Page 77 of 270
Attachment number 1Page 78 of 270
Attachment number 1Page 79 of 270
Attachment number 1Page 80 of 270
Attachment number 1Page 81 of 270
Attachment number 1Page 82 of 270
Attachment number 1Page 83 of 270
Attachment number 1Page 84 of 270
Attachment number 1Page 85 of 270
Attachment number 1Page 86 of 270
Attachment number 1Page 87 of 270
Attachment number 1Page 88 of 270
Attachment number 1Page 89 of 270
Attachment number 1Page 90 of 270
Attachment number 1Page 91 of 270
Attachment number 1Page 92 of 270
Attachment number 1Page 93 of 270
Attachment number 1Page 94 of 270
Attachment number 1Page 95 of 270
Attachment number 1Page 96 of 270
Attachment number 1Page 97 of 270
Attachment number 1Page 98 of 270
Attachment number 1Page 99 of 270
Attachment number 1Page 100 of 270
Attachment number 1Page 101 of 270
Attachment number 1Page 102 of 270
Attachment number 1Page 103 of 270
Attachment number 1Page 104 of 270
Attachment number 1Page 105 of 270
Attachment number 1Page 106 of 270
Attachment number 1Page 107 of 270
Attachment number 1Page 108 of 270
Attachment number 1Page 109 of 270
Attachment number 1Page 110 of 270
Attachment number 1Page 111 of 270
Attachment number 1Page 112 of 270
Attachment number 1Page 113 of 270
Attachment number 1Page 114 of 270
Attachment number 1Page 115 of 270
Attachment number 1Page 116 of 270
Attachment number 1Page 117 of 270
Attachment number 1Page 118 of 270
Attachment number 1Page 119 of 270
Attachment number 1Page 120 of 270
Attachment number 1Page 121 of 270
Attachment number 1Page 122 of 270
Attachment number 1Page 123 of 270
Attachment number 1Page 124 of 270
Attachment number 1Page 125 of 270
Attachment number 1Page 126 of 270
Attachment number 1Page 127 of 270
Attachment number 1Page 128 of 270
Attachment number 1Page 129 of 270
Attachment number 1Page 130 of 270
Attachment number 1Page 131 of 270
Attachment number 1Page 132 of 270
Attachment number 1Page 133 of 270
Attachment number 1Page 134 of 270
Attachment number 1Page 135 of 270
Attachment number 1Page 136 of 270
Attachment number 1Page 137 of 270
Attachment number 1Page 138 of 270
Attachment number 1Page 139 of 270
Attachment number 1Page 140 of 270
Attachment number 1Page 141 of 270
Attachment number 1Page 142 of 270
Attachment number 1Page 143 of 270
Attachment number 1Page 144 of 270
Attachment number 1Page 145 of 270
Attachment number 1Page 146 of 270
Attachment number 1Page 147 of 270
Attachment number 1Page 148 of 270
Attachment number 1Page 149 of 270
Attachment number 1Page 150 of 270
Attachment number 1Page 151 of 270
Attachment number 1Page 152 of 270
Attachment number 1Page 153 of 270
Attachment number 1Page 154 of 270
Attachment number 1Page 155 of 270
Attachment number 1Page 156 of 270
Attachment number 1Page 157 of 270
Attachment number 1Page 158 of 270
Attachment number 1Page 159 of 270
Attachment number 1Page 160 of 270
Attachment number 1Page 161 of 270
Attachment number 1Page 162 of 270
Attachment number 1Page 163 of 270
Attachment number 1Page 164 of 270
Attachment number 1Page 165 of 270
Attachment number 1Page 166 of 270
Attachment number 1Page 167 of 270
Attachment number 1Page 168 of 270
Attachment number 1Page 169 of 270
Attachment number 1Page 170 of 270
Attachment number 1Page 171 of 270
Attachment number 1Page 172 of 270
Attachment number 1Page 173 of 270
Attachment number 1Page 174 of 270
Attachment number 1Page 175 of 270
Attachment number 1Page 176 of 270
Attachment number 1Page 177 of 270
Attachment number 1Page 178 of 270
Attachment number 1Page 179 of 270
Attachment number 1Page 180 of 270
Attachment number 1Page 181 of 270
Attachment number 1Page 182 of 270
Attachment number 1Page 183 of 270
Attachment number 1Page 184 of 270
Attachment number 1Page 185 of 270
Attachment number 1Page 186 of 270
Attachment number 1Page 187 of 270
Attachment number 1Page 188 of 270
Attachment number 1Page 189 of 270
Attachment number 1Page 190 of 270
Attachment number 1Page 191 of 270
Attachment number 1Page 192 of 270
Attachment number 1Page 193 of 270
Attachment number 1Page 194 of 270
Attachment number 1Page 195 of 270
Attachment number 1Page 196 of 270
Attachment number 1Page 197 of 270
Attachment number 1Page 198 of 270
Attachment number 1Page 199 of 270
Attachment number 1Page 200 of 270
Attachment number 1Page 201 of 270
Attachment number 1Page 202 of 270
Attachment number 1Page 203 of 270
Attachment number 1Page 204 of 270
Attachment number 1Page 205 of 270
Attachment number 1Page 206 of 270
Attachment number 1Page 207 of 270
Attachment number 1Page 208 of 270
Attachment number 1Page 209 of 270
Attachment number 1Page 210 of 270
Attachment number 1Page 211 of 270
Attachment number 1Page 212 of 270
Attachment number 1Page 213 of 270
Attachment number 1Page 214 of 270
Attachment number 1Page 215 of 270
Attachment number 1Page 216 of 270
Attachment number 1Page 217 of 270
Attachment number 1Page 218 of 270
Attachment number 1Page 219 of 270
Attachment number 1Page 220 of 270
Attachment number 1Page 221 of 270
Attachment number 1Page 222 of 270
Attachment number 1Page 223 of 270
Attachment number 1Page 224 of 270
Attachment number 1Page 225 of 270
Attachment number 1Page 226 of 270
Attachment number 1Page 227 of 270
Attachment number 1Page 228 of 270
Attachment number 1Page 229 of 270
Attachment number 1Page 230 of 270
Attachment number 1Page 231 of 270
Attachment number 1Page 232 of 270
Attachment number 1Page 233 of 270
Attachment number 1Page 234 of 270
Attachment number 1Page 235 of 270
Attachment number 1Page 236 of 270
Attachment number 1Page 237 of 270
Attachment number 1Page 238 of 270
Attachment number 1Page 239 of 270
Attachment number 1Page 240 of 270
Attachment number 1Page 241 of 270
Attachment number 1Page 242 of 270
Attachment number 1Page 243 of 270
Attachment number 1Page 244 of 270
Attachment number 1Page 245 of 270
Attachment number 1Page 246 of 270
Attachment number 1Page 247 of 270
Attachment number 1Page 248 of 270
Attachment number 1Page 249 of 270
Attachment number 1Page 250 of 270
Attachment number 1Page 251 of 270
Attachment number 1Page 252 of 270
Attachment number 1Page 253 of 270
Attachment number 1Page 254 of 270
Attachment number 1Page 255 of 270
Attachment number 1Page 256 of 270
Attachment number 1Page 257 of 270
Attachment number 1Page 258 of 270
Attachment number 1Page 259 of 270
Attachment number 1Page 260 of 270
Attachment number 1Page 261 of 270
Attachment number 1Page 262 of 270
Attachment number 1Page 263 of 270
Attachment number 1Page 264 of 270
Attachment number 1Page 265 of 270
Attachment number 1Page 266 of 270
Attachment number 1Page 267 of 270
Attachment number 1Page 268 of 270
Attachment number 1Page 269 of 270
Attachment number 1Page 270 of 270
Commission Meeting Agenda
3/1/2011 5:00 PM
Resolution to authorize the Tax Commissioner to receive various forms of payment for property taxes.
Department:Tax Commissioner's Office
Caption:Motion to approve Resolution to authorize the Tax Commissioner to accept
various forms of payment for property taxes - O.C.G.A. 48-5-
9.1. (Approved by Administrative Services Committee February 21,
2011)
Background:The Georgia General Assembly adopted O.C.G.A. 48-5-9.1 which became
effective January 1, 2011 which allowed the governing authorities by
resolution, to elect to receive ad valorem taxes in any form of payment.
Analysis:N/A
Financial Impact:None
Alternatives:N/A
Recommendation:Adopt resolution.
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 2
Attachment number 1Page 2 of 2
Commission Meeting Agenda
3/1/2011 5:00 PM
Update on reorganization
Department:
Caption:Update from the Administrator regarding the request made at the January
21st Work Session and the February 7th Administrative Services Committee
for a cost benefit/savings/analysis/matrix of the proposed reorganization.
(Requested by Commissioner 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
3/1/2011 5:00 PM
4-H Programming at Fort Gordon
Department:Cooperative Extension
Caption:Motion to approve accepting $3,000 from the 4-H Military Account of the
Georgia 4-H Foundation as replacement funding for Extension Agent Betty
English to conduct and coordinate 4-H Programming at Fort Gordon. The
$500 monthly replacement funding will run March 1, 2011 through August
30, 2011. She will be dedicating 10% of her time to complete job duties
associated with this project. (Approved by Finance Committee February
21, 2011)
Background:Extension at the University of Georgia in Athens has a 4-H Military liaison,
Casey Mull, who works with military posts/bases in the state in setting up 4-
H educational youth programs in the state. They would like to offer youth
programming at Fort Gordon through Augusta Richmond County Extension.
Analysis:Ms. English, Richmond County Extension Family and Consumer Sciences
Agent, became the 4-H Coordinator (due to 4-H Agent vacancy) for Augusta
Richmond County Extension on July 1, 2010. Since that date, she has made
significant strides in advancing the 4-H program in Richmond County. Her
leadership and guidance of the 4-H staff has been quite evident with a
significant increase in participation. Ms. English is working with staff at
Fort Gordon concerning the implementation of a 4-H Program at the Youth
Center. The military posts see the positive benefits in offering 4-H to their
youth on post.
Financial Impact:There is no financial impact to the commission.
Alternatives:1. Approve funding from the 4-H Military Account 2. Do nothing
Recommendation:Approve funding from the 4-H Military Account.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Cover Memo
Administrator.
Clerk of Commission
Cover Memo
Attachment number 1Page 1 of 2
Attachment number 1Page 2 of 2
Commission Meeting Agenda
3/1/2011 5:00 PM
Approve Implementation of Furlough Reduction for 2011, approve selected dates for building closure, and to declare
those dates "unpaid days of rest" in accordance with O.C.G.A.36-1-12 and 15-6-93
Department:Administrator's Office, Finance, and Human Resources
Caption:Motion to approve a resolution of selected dates (changing the April 25th
date to July 6, 2011) for building closure regarding the implementation of
furlough reduction for 2011 and to declare those dates "unpaid days of rest"
in accordance with O.C.G.A. 36-1-12 and 15-6-93. (Approved by Finance
Committee February 21, 2011)
Background:The 2011 budget was approved in November of 2010 and incorporated
expected savings from five furlough days in order to reduce expenditures
and balance the budget. In 2010 there were two furlough days. The dollar
amount of necessary expenditure reduction was translated into a percent of
salaries for November and December and spread over 5 pay periods to
reduce the impact on employees.Specific dates for bulding closures were
selected and the the appropriate resolution passed to conform with Georgia
code.
Analysis:We propose using the same methodology for 2011 for five furlough dates.
The dates selected were for the purpose of extending the length of building
closings by tacking onto existing closure dates and to avoid conflict with
scheduled biweekly pay dates. Changing furlough dates to stand alone dates
would lessen the savings from energy efficiencies from building closure, but
could be done. The money for furlough savings will be recovered by
reducing the pay grades for all permanent salaried employees by 1.88% for
the 24 pay days Feb thru Dec. Hourly and part-time personnel will be
effectively reduced since they will not work on the five days operations are
closed. If no changes are made, the 2010 administrative regulation will
govern the “time given back” which would amount to 40 hours, since that
regulation defined “a day” as equal to 8 hours. For most of the workforce,
that would coincide with building closure dates. Other departments with 24
hour operations would implement their own schedules as done in 2010.
Financial Impact:By adopting the proposed plan, we will accomplish the expected amount of
expenditure reductions programmed into the adopted 2011 budget.
Alternatives:Do not adopt the plan and identify approximately $1 million in alternative
expenditure reductions to be realized in 2011.
Recommendation:Adopt the proposed plan
Funds are Available in
Cover Memo
the Following
Accounts:N/A
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
HUMAN RESOURCES DEPARTMENT
Rod Powell
Director
Augusta Human Resources Department
530 Greene Street
Room 601 – Municipal Building
(706) 821-2303 (706) 821-2867 FAX
WWW.AUGUSTAGA.GOV
HR BULLETIN #2010 - 20
2011 Holiday/Furlough Schedule
TO: Department Directors
FROM: Rod Powell, SPHR, Human Resource Director
DATE: Thursday, December 16, 2010
RE: 2011 Holiday/Furlough Schedule
The following shows the “five (5) tentative furlough dates” and all the holidays that will be observed for employees
of Augusta, GA in 2011:
New Year's Day Monday, January 3
Martin Luther King, Jr. Day Monday, January 17
Good Friday Friday, April 22
Furlough Day Monday, April 25
Memorial Day Monday, May 30
Independence Day Monday, July 4
Furlough Day Tuesday, July 5
Furlough Day Friday, September 2
Labor Day Monday, September 5
Furlough Day Wednesday, November 23
Thanksgiving Day Thursday, November 24
Day after Thanksgiving Friday, November 25
Furlough Day Thursday, December 22
Christmas Eve Friday, December 23
Christmas Day Monday, December 26
Attachment number 1Page 1 of 1
Attachment number 2Page 1 of 2
Attachment number 2Page 2 of 2
Commission Meeting Agenda
3/1/2011 5:00 PM
Augusta Sustainable Development Implementation Program
Department:Planning Commission
Caption:Motion to approve a budget resolution and grant agreements with the U. S.
Department of Transportation (DOT) and the U.S. Department of Housing
and Urban Development (HUD) and Signature Authorization Letter dated
February 23, 2011 for the Augusta Sustainable Development
Implementation Program. (Approved by Finance Committee February
21, 2011)
Background:Last October the city of Augusta was awarded a HUD Challenge Planning /
DOT TIGER II Discretionary Planning Grant of $1.8 million to implement
initiatives included in the Augusta Sustainable Development Agenda. Since
then Planning Commission and Finance Department staff have been
working with HUD and DOT officials to finalize the project budget and
work program for the initiatives covered by the grant.
Analysis:Grant funds will be used to complete four interrelated planning initiatives to
advance sustainable development along a 4.5-mile transportation corridor in
the core of the city: 1) Creating a detailed plan and implementation program
for a cluster of transit-oriented development neighborhoods along the
corridor, including Action plans for priority development projects; 2)
Developing a detailed plan for a multi-modal transportation corridor; 3)
Revising current codes to facilitate higher-density, mixed-use development;
and 4) Creating an implementation plan for green, affordable housing in this
corridor. The target area for the project includes a district bordering 15th
Street, Martin Luther King, Jr. Blvd. and Deans Bridge Road, and stretching
from near Greene Street out to Gordon Highway. Consultants with the
requisite experience and training will be hired to complete the initiatives.
The Planning Commission, Augusta Tomorrow and others will provide in-
kind planning and administrative support to the project.
Financial Impact:Federal Sources of Funding: HUD Community Challenge Planning Grant -
$893,769.00 DOT TIGER II Discretionary Planning Grant - $908,307.00
Non-Federal Match: • City of Augusta - $800,000.00 – To pay for
construction plans and environmental document for the State Route 4 /
Fifteenth Street Pedestrian Improvement Project. This is a SPLOST-funded
project. •Augusta-Richmond County Planning Commission – $296,922.00 -
In-kind staff planning assistance services •Augusta Tomorrow, Inc. –
$120,000.00 – In-kind staff assistance related to project committee
meetings, forging contacts, identifying developers and similar services.
Alternatives:Accept the grant awards or reject it and find another way to implement the
priority initiatives in the Augusta Sustainable Development Agenda..
Cover Memo
Recommendation:Approve budget resolution and execution of the grant agreements with HUD
and DOT.
Funds are Available in
the Following
Accounts:
Account number to be assigned by the Finance Department
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Attachment number 1Page 1 of 1
The Projects
2-47[Final Report]
Figure 2-8. Prototype Projects and areas for targeted neighborhood revitalization
Budget Resolution
STATE OF GEORGIA ) AUGUSTA RICHMOND COUNTY
AUGUSTA-RICHMOND COUNTY ) COMMISSION
BUDGET AMENDMENT NO:……………
IT IS HEREBY ORDERED that the General Fund Grants Budget for the year 2011 be amended
to reflect increased revenue of $1,802,076.00 resulting from federal grant income of $1,802,076.00
IT IS FURTHER ORDERED that the appropriations be increased by $1,802,076.00 for payment
of the Augusta Sustainable Development Implementation Program. The total budget for the project is
$1,802,076.00.
REVENUES
HUD Community Challenge Planning Grant $ 893,769.00
DOT TIGER II Planning Discretionary Grant $ 908,307.00
Total $1,802,076.00
APPROPRIATIONS
HUD Community Challenge Planning Grant $ 893,769.00
DOT TIGER II Planning Discretionary Grant $ 908,307.00
Total $1,802,076.00
LOCAL AND IN KIND FUNDING
City of Augusta (15th St. Pedestrian Project - SPLOST) $800,000.00
Planning Commission (In Kind) $295,922.00
Augusta Tomorrow, Inc (In Kind) $120,000.00
TOTAL $1,215.922.00
DEKE COPENHAVER, MAYOR
Approved this ……the day of…… 2011 AUGUSTA-RICHMOND COUNTY
COMMISSION
______________________________
As its mayor
Attest:
________________
Clerk of Commission
Attachment number 3Page 1 of 1
1
UNITED STATES OF AMERICA
UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
COMMUNITY CHALLENGE PLANNING GRANT PROGRAM
AND
UNITED STATES DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION
NATIONAL INFRASTRUCTURE INVESTMENTS
DISCRETIONARY GRANT PROGRAM (TIGER II)
CONDITIONAL AND PRELIMINARY
JOINT DOT-HUD
TERM SHEET FOR PLANNING GRANTS
AUGUSTA, GEORGIA
AUGUSTA SUSTAINABLE DEVELOPMENT IMPLEMENTATION PROGRAM
1. This Conditional and Preliminary Joint DOT-HUD Term Sheet (the “Joint DOT-HUD
Term Sheet”) reflects the selection of the Augusta, Georgia (referred to as “Applicant”) to
receive funding for the Augusta Sustainable Development Implementation Program (the
“Project”) under the provisions of the Transportation, Housing and Urban Development, and
Related Agencies Appropriations Act for 2010 (Div. A of the Consolidated Appropriations Act,
2010 (Pub. L. 111– 117, Dec. 16, 2009)), for the HUD Community Challenge Planning Grant
Program and the Transportation Planning Grant Program within the DOT National Infrastructure
Investments Discretionary Grant Program (TIGER II Planning Grant Program).
2. The purpose of this Joint DOT-HUD Term Sheet is to set out the parties’ mutual
understanding regarding the preliminary project work plan and budget expected to be
incorporated in grant agreements that will be negotiated individually between the Applicant and
the U.S. Department of Housing and Urban Development and the U.S. Department of
Transportation, Federal Highway Administration (collectively, the Federal Government). This
Joint DOT-HUD Term Sheet is not a grant agreement and therefore is not a commitment of the
Federal Government to enter into a grant agreement or to provide funding for the Project. The
Applicant, in anticipation of final grant agreements under the Community Challenge Planning
Grant Program and the TIGER II Planning Grant Program, understands and acknowledges that it
will be required to administer any and all funding received from the Federal Government
pursuant to the terms and conditions to be set forth in the final grant agreements.
3. This Joint DOT-HUD Term Sheet outlines the agreement of the parties as to the Project’s
Preliminary Work Plan and Budget, including identification of the activities and amounts to be
Attachment number 4Page 1 of 9
2
funded under the HUD grant agreement and the activities and amounts to be funded under the
DOT grant agreement.
4. The Applicant further understands and acknowledges that this Joint DOT-HUD Term
Sheet is intended to assist HUD and DOT in developing the grant agreements for Community
Challenge Planning Grant and TIGER II Planning Grant funding, respectively. While DOT and
HUD may require additional work plan and budget information, this Joint DOT-HUD Term
Sheet reflects the preliminary work plan and budget for the Project, as the Project is defined in
the Applicant's application for Community Challenge Planning Grant and TIGER II Planning
Grant funding (the “Application”). The Application, dated August 23, 2010, and titled “Augusta
Sustainable Development Implementation Program”, is incorporated herein by reference.
The Preliminary Work Plan (attachment A) and Project Budget (Attachment B) include any
Federal Government-approved changes made to the Project after the submission of the
Recipient’s Application.
5. The Applicant understands and recognizes that the execution of this Joint DOT-HUD
Term Sheet in no way commits the Federal Government to any decision required under the
applicable provisions of NEPA.
6. The Project’s Preliminary Work Plan and Budget, each being relied upon by the Federal
Government in the development of grant agreements for Community Challenge Planning Grant
and a TIGER II Planning Grant funding, are as follows:
I. PRELIMINARY WORK PLAN (Attachment A)
a. General Project Description
b. Scope of Work
c. Key Project Activities and Deliverables (including, if applicable, inclusion
in the STIP/TIP or Unified Planning Work Program, Planning Approvals,
NEPA Approvals/Completion, etc.)
d. Major Project Milestone/Deliverable Schedule (by Key Activities and
Deliverables) (for example, consultant contract procurement and award,
public outreach, draft planning study, final planning study, begin
preliminary design, begin NEPA review, complete NEPA review, begin
final design, complete final design)
II. PROJECT BUDGET (Attachment B)
a. Community Challenge Planning Grant Amount
b. TIGER II Planning Grant Amount
c. Funding Breakdown by Task and Source of Funds
d. Non-Federal Funding Sources
e. Total Project Amount
Attachment number 4Page 2 of 9
3
7. If the Direct Recipient of funds for the Project will be different from the Applicant—
a. the Direct Recipient will be deemed a designee of the Applicant as delineated in the
grant agreement, and
b. the Direct Recipient, as a signatory to this Joint DOT-HUD Term Sheet, agrees to the
preliminary project work plan and budget as recorded herein.
EXECUTION BY THE FEDERAL GOVERNMENT
Executed this_____________ day of _______________, 2011.
U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
_
Signature of Authorized Representative
____________________________________________
Title:
U.S. DEPARTMENT OF TRANSPORTATION [MODAL
ADMINISTRATION]
_
Signature of Authorized Representative
____________________________________________
Title:
Attachment number 4Page 3 of 9
4
EXECUTION BY THE APPLICANT
Executed this_____________ day of _______________, 2011.
________________________________
Applicant
Signature of Applicant’s Authorized Representative
Title:
EXECUTION BY THE DIRECT RECIPIENT OF FUNDING
Executed this_____________ day of _______________, 2011.
________________________________
Direct Recipient
Signature of Direct Recipient’s Authorized Representative
Title:
Attachment number 4Page 4 of 9
5
ATTACHMENT A
PRELIMINARY WORK PLAN
a. General Project Description
The Augusta Sustainable Development Implementation Program entails four interrelated
initiatives to advance sustainable development along a 4.5-mile transportation corridor in the
core of the city: 1) Creating a detailed plan and implementation program for a cluster of transit-
oriented development neighborhoods along the corridor; 2) Developing a detailed plan for a
multi-modal transportation corridor; 3) Revising current codes to facilitate higher-density,
mixed-use, mixed-income development; and 4) Creating an implementation plan for green,
affordable housing in this corridor.
b. Scope of Work
• Develop Corridor Plan and Implementation Program - Complete a detailed plan and
implementation program for redevelopment along the 15th Street / Martin Luther King, Jr
/ Deans Bridge Road corridor, identified as the Priority Development Corridor or District
in the Augusta Sustainable Development Agenda (ASDA) completed by ShieldsDESIGN
LLC. This initiative also includes development of action plans / market feasibility studies
for three ASDA priority projects, the Rocky Creek Mixed Use Park, the Southgate Urban
Village and the Oates Creek Neighborhood Revitalization. The implementation
component involves hiring a consultant with relevant experience to implement specific
projects, or project phases, included in the district and action plans. Work will include,
but not limited to, soliciting developer interest, coordinating project financing and
schedule with any needed public improvements and acting as a liaison between
developers and various community stakeholders.
• Develop Detailed Plan and Implementation Program for Multimodal
Transportation Corridor - Work with Georgia DOT to apply Context Sensitive Design
solutions to the planned widening of 15th Street / Martin Luther King, Jr. Blvd. Project
will be designed to accommodate pedestrians, a multi-use trail, a green median and
planting strips, lighting and, in the future, public transit and electric vehicles. Specific
tasks will include those needed to complete design, estimate costs and identify the
necessary right-of-way.
• Revise Development and Building Regulations – Engage a consultant to review
existing development regulations and building codes and develop revised and / or need
regulations to facilitate higher-density, mixed-use development along the priority
Development Corridor. Consultant would also develop a “Green Building Policy” for
adoption / implementation by the city. The policy will includes standards and incentives
for incorporating energy efficiency, water conservation, waste recycling and other green
building practices in new construction and rehabilitation.
Attachment number 4Page 5 of 9
6
• Develop Land Acquisition Plan for Green Affordable Housing – Develop a
comprehensive property acquisition plan for the Priority Development Corridor, using the
acquisition strategy currently being employed in the Laney-Walker / Bethlehem area as a
template. Some of the identified property might be marketed directly to developers (see
Initiative #2), incorporated into right-of-way plans for the multi-modal transportation
corridor (see Initiative #3) or “banked” for use at a later date.
• Administration, Communications and Outreach – Involves overall administration of
the grant project, coordinating work on the various components, and communications and
outreach to stakeholders and the community at large.
c. Key Project Activities and Deliverables (including, if applicable, inclusion in the
STIP/TIP or Unified Planning Work Program, Planning Approvals, NEPA
Approvals/Completion, etc.)
• Project added to the Augusta Regional Transportation Study’s FY 2011-14
Transportation Improvement Program on December 2, 2010. Project added to the
Georgia State Transportation Improvement Program during the same month.
d. Major Project Milestone/Deliverable Schedule (by Key Activities and Deliverables) (for
example, consultant contract procurement and award, public outreach, draft planning
study, final planning study, begin preliminary design, begin NEPA review, complete
NEPA review, begin final design, complete final design) – Assumes final grant
agreement date of March 1, 2011
Initiative #1 - Corridor Plan and Implementation Program
• Consultant Contract Procurement and Award – July 1, 2011
• Public / Stakeholder Involvement Plan – August 15, 2011 (Deliverable)
• Findings Report on Existing Conditions, Issues and Constraints – November 1, 2011
• Draft Plan for Priority District – February 1, 2012 (Deliverable)
• Draft Action Plan for One or More of Three ASDA Priority Projects – March 1, 2012
(Deliverable)
• Final Plan for Priority District – April 1, 2011 (Deliverable)
• Final Plan for One or More of Three ASDA Priority Projects – May 1, 2012
(Deliverable)
• Implement Demonstration Project – October 1, 2012
Initiative #2 - Detailed Plan and Implementation Program for Multimodal Transportation
Corridor
• Consultant Contract Procurement and Award – August 2, 2011
• Public / Stakeholder Involvement Plan – September 16, 2011 (Deliverable)
Attachment number 4Page 6 of 9
7
• Findings Report Summarizing Status of the 15th Street Widening Project and Impact
of ASDA Context Sensitive Design Solutions on the project – November 1, 2011
(Deliverable)
• Revised Preliminary Design for 15ht Street Widening Project Incorporating CSS
Elements – January 9, 2012 (Deliverable)
• Begin NEPA Review of the Revised Project – January 9, 2012
• Complete NEPA Review of Revised Project – April 20, 2012
• Begin ROW Plans – May 1, 2012
• Begin Final Design – July 9, 2012
• Complete ROW Plans – December 14, 2012 (Deliverable)
• Obtain ROW Authorization – July 19, 2013
• Complete Final Design – August 23, 2013 (Deliverable)
• Approved Final Plans – January 10, 2014
Initiative #3 - Revise Development and Building Regulations
• Consultant Contract Procurement and Award – June 5, 2012
• Public / Stakeholder Involvement Plan – July 16, 2012 (Deliverable)
• Start Audit of Existing Regulations and Codes – June 12, 2012
• Findings Report on Regulations and Codes – September 14, 2012 (Deliverable)
• Draft Revised Regulations and Codes – December 14, 2012 (Deliverable)
• Draft Green Building Policy and Standards – December 14, 2012 (Deliverable)
• Final Revised Regulations, Codes and Green Building Policy – March 15, 2012
(Deliverable)
• Adopt and Apply Revised Regulations, Codes and Green Building Policy – June 18,
2013
Initiative #4 Land Acquisition Plan for Green Affordable Housing
• Consultant Contract Procurement and Award - June 5, 2012
• Public / Stakeholder Involvement Plan – July 16, 2012 (Deliverable)
• Background Research and Process for Land Acquisition – November 16, 2012
(Deliverable)
• Solicit Developers for Demonstration Project – January 7, 2013
• Finalize Land Acquisition Plan – February 28, 2013 (Deliverable)
• Implement Demonstration Project – June 3, 2013
Initiative #5 Administration, Communications and Outreach
• Consultant Contract Procurement and Award - July 1, 2011
• Specific Tasks throughout the grant period – July 1, 2011 thru project closeout
Attachment number 4Page 7 of 9
8
ATTACHMENT B
PROJECT BUDGET
Insert below the following information:
a. Community Challenge Planning Grant Amount - $893,769.00
b. TIGER II Planning Grant Amount - $908,307.00
c. Funding Breakdown by Task and Source of Funds
INITIATIVE OR
TASK SOURCE OF FUNDS
HUD DOT CITY ARCPC AT TOTAL
Corridor Detailed
Plan and
Implementation
Program $368,769 $0 $0 $51,730 $40,000 $460,499
Multi-Modal Plan
and
Implementation
Program $0 $808,307 $800,000 $51,730 $0 $1,660,037
Ordinance and
Code Revisions $150,000 $0 $0 $51,730 $40,000 $241,730
Green, Affordable
Housing $275,000 $0 $0 $51,730 $40,000 $366,730
Administration,
Communication
and Outreach $100,000 $100,000 $0 $90,002 $0 $290,002
TOTAL $893,769 $908,307 $800,000 $296,922 $120,000 $3,018,898.00
Key to Abbreviations: City = City of Augusta; ARCPC = Augusta-Richmond County Planning Commission:
AT = Augusta Tomorrow, Inc.
Attachment number 4Page 8 of 9
9
d. Non-Federal Funding Sources
• City of Augusta - $750,000.00 – To pay for construction plans and environmental
document for the State Route 4 / Fifteenth Street Pedestrian Improvement Project, as
detailed in the grant application.
• Augusta-Richmond County Planning Commission – $296,922.00 - In-kind staff
planning assistance services
• Augusta Tomorrow, Inc. – $120,000.00 – In-kind staff assistance related to project
committee meetings, forging contacts, identifying developers and similar services.
e. Total Project Amount - $3,018,898.00
Attachment number 4Page 9 of 9
1
[INSE
RT RECIPIENT NAME]
[INSERT PROJECT NAME]
FHWA TIGER II Grant No. P-___
1. Award No. 2. Effective Date 3. CFDA No.
20.933
4. Awarded To 5. Sponsoring Office
[Name and Address] Federal Highway Administration
Office of Acquisition Management
1200 New Jersey Ave., SE
DUNS No. HAAM-40F, Mail Stop E65-101
TIN No. Washington, DC 20590
6. Period of Performance 7. Total Amount
Federal Share $
Cost Share $________
Total Amount $
8. Type of Agreement 9. Authority
Cooperative Agreement Title I of Division A, Public Law
111-117 (December 16, 2009)
10. Procurement Request Nos. 11. Funds Obligated
[INSERT AMOUNT]
12. Submit Payment Requests To 13. Payment Office
See Section III(G)
14. Accounting and Appropriation Data
15. Research Title and/or Description of Project
NAME OF RECIPIENT FEDERAL HIGHWAY
ADMINISTRATION
16. Signature of Person Authorized to Sign 17. Signature of Agreement Officer
__________________________________ ________________________________
Signature Date Signature Date
Name: Name of Agreement Officer
Attachment number 5Page 1 of 38
2
Title : Agreement Officer
Attachment number 5Page 2 of 38
3
UNITED STATES OF AMERICA
U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION
WASHINGTON, DC 20590
COOPERATIVE AGREEMENT UNDER THE
TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT,
AND RELATED AGENCIES APPROPRIATIONS ACT FOR 2010
(DIV. A OF THE CONSOLIDATED APPROPRIATIONS ACT, 2010
(PUB. L. 111– 117, DEC. 16, 2009)), FOR THE NATIONAL
INFRASTRUCTURE INVESTMENTS DISCRETIONARY GRANT
PROGRAM (TIGER II DISCRETIONARY GRANTS, PLANNING)
[INSERT RECIPIENT NAME]
[INSERT PROJECT NAME]
FHWA TIGER II Grant No. P-___
TABLE OF CONTENTS
Section Title Page
SECTION I - AGREEMENT DESCRIPTION
SECTION II - AWARD INFORMATION
SECTION III - AWARD ADMINISTRATION INFORMATION
Attachments
A. Project Scope of Work and Schedule
B. Approved Project Budget (SF-424 and SF-424A or SF-424CBW, and
supporting budget information)
Exhibits
EXHIBIT A: Cooperative Agreement Assurances
EXHIBIT B: Responsibilities and Authorities of Recipient
EXHIBIT C: Governing Laws and Regulations
Attachment number 5Page 3 of 38
4
SECTION I – AGREEMENT DESCRIPTION
A. Statement of Purpose
This Cooperative Agreement between the Federal Highway Administration and
[INSERT RECIPIENT NAME] is to perform transportation planning work as follows:
[INSERT BRIEF SUMMARY OF PURPOSE].
B. Legislative Authority
The U.S. Department of Transportation (DOT or Government) is authorized to award up
to $35 million in TIGER II Discretionary Grants for planning pursuant to Title I
(Department of Transportation) of Division A of the Consolidated Appropriations Act,
2010 (Pub. L. 111-117, Dec. 16, 2009) (the “Act”). This appropriation is similar, but not
identical to the appropriation for the Transportation Investment Generating Economic
Recovery, or “TIGER Discretionary Grant”, program authorized and implemented
pursuant to the American Recovery and Reinvestment Act of 2009 (the “Recovery Act”).
Because of the similarity in program structure and objectives, DOT is referring to the
planning grants/cooperative agreement awards for National Infrastructure Investments
under the Act as “TIGER II Planning Grants”.
The planning cooperative agreement awards made under the Tiger II Discretionary Grant
program are in full compliance with the Act, the Interim Notice of Funding Availability
(75 FR 21695, April 26, 2010), and the “Notice of Funding Availability for the
Department of Housing and Urban Development’s Community Challenge Planning
Grants and the Department of Transportation’s TIGER II Planning Grants” (“Joint DOT-
HUD NOFA”, 75 FR 36246, June 24, 2010).
C. General Terms and Conditions
1. The Recipient agrees to carry out and complete the Project without undue delays
and in accordance with the terms hereof, including the Project Scope of Work and
Schedule set out in Attachment A, and such regulations and procedures as the
Government may prescribe.
2. The Recipient agrees to notify the Government within 14 calendar days of any
change in circumstances or commitments that may adversely affect the Recipient’s plan
to complete the Project as is described in Attachments A-B to this Agreement. In its
notification, the Recipient shall advise the Government of what actions it has taken or
plans to take to ensure completion of the Project and shall reaffirm its commitment to the
Government as set forth in this Agreement. The Government is not responsible for any
funding shortfalls regarding the non-TIGER II Discretionary Grant amount share. The
TIGER II Discretionary Grant Amount will remain unchanged. (See Section 5 of this
Agreement regarding termination).
Attachment number 5Page 4 of 38
5
3. The Recipient has submitted a request for Federal assistance, hereinafter referred
to as the “Technical Application,” hereby incorporated by reference into this Agreement
and the Government is relying upon the Recipient’s assurances, certifications, and other
representations made in the Technical Application, or any other related documents
submitted to the Government; and, in its submissions, the Recipient has demonstrated
justification for the Project, and has demonstrated the financial and technical feasibility
of the Project, including the ability to start the Project quickly upon receipt of the Grant;
to expend Grant funds once the Project starts; and, to the extent applicable, to receive all
necessary environmental, state and local planning, and legislative approvals necessary for
the Project to proceed in accordance with the Project Schedule. [DELETE THIS
CLAUSE IF NOT APPLICABLE TO THE PROJECT]
4. The Government has determined that the Project is an eligible planning project
under the Act. The Government has determined that Recipient should receive the award
of a Grant based on a review of the Project’s Technical Application, as it meets the
requirements specified in the Act, the Interim Notice of Funding Availability (75 FR
21695, April 26, 2010), and the “Notice of Funding Availability for the Department of
Housing and Urban Development’s Community Challenge Planning Grants and the
Department of Transportation’s TIGER II Planning Grants”(“Joint DOT-HUD NOFA”,
75 FR 36246, June 24, 2010).
5. The Recipient will be monitored periodically by the Government, both
programmatically and financially, to ensure that the Project goals, objectives,
performance requirements, timelines, milestone completion, budgets, and other related
program criteria are being met. Monitoring will be accomplished through a combination
of office-based reviews and onsite monitoring visits. Monitoring will involve the review
and analysis of the financial, programmatic, performance and administrative issues
relative to each program and will identify areas where technical assistance and other
support may be needed. The Recipient is responsible for monitoring award activities, to
include sub-awards, to provide reasonable assurance that the Federal award is
administered in compliance with applicable requirements. Responsibilities include the
accounting of receipts and expenditures, cash management, maintaining adequate
financial records, and refunding disallowed expenditures.
6. The Recipient agrees to take all steps, including initiating litigation, if necessary,
to recover Federal funds if the Government determines, after consultation with the
Recipient, that such funds have been spent fraudulently, wastefully, or in violation of
Federal laws, or misused in any manner in undertaking the Project. For the purposes of
this Agreement, the term “Federal funds” means funds however used or disbursed by the
Recipient that were originally paid pursuant to the Agreement.
7. The Recipient agrees to retain all documents relevant to the Grant award for a
period of three years from completion of the Project and receipt of final reimbursement
from the Government. The Recipient agrees to furnish the Government, upon request, all
documents and records pertaining to the determination of the Grant amount or to any
settlement, litigation, negotiation, or other efforts taken to recover such funds. All
Attachment number 5Page 5 of 38
6
settlements or other final positions of the Recipient, in court or otherwise, involving the
recovery of such Grant amount shall be approved in advance by the Government.
[DELETE THE BELOW CLAUSE IF OTHER PARTS OF THE AGREEMENT
SPECIFICALLY REQUIRE COMPLIANCE WITH PLANNING BY INCLUDING
IN UPWP, TIP, OR STIP]
8. The Recipient agrees to use best efforts to work to include the Project in the State
Transportation Improvement Program or Metropolitan Transportation Improvement
Program to the extent that such inclusion is a necessary step in the implementation of the
Project’s planning recommendations or outcomes.
9. The Government is subject to the Freedom of Information Act (FOIA). The
Recipient should therefore be aware that all applications and related materials submitted
by the Recipient related to this Agreement will become agency records and thus are
subject to FOIA and to public release through individual FOIA requests.
10. The Government shall not be responsible or liable for any damage to property or
any injury to persons that may arise from, or be incident to, performance or compliance
with this Agreement.
[USE THE BELOW CLAUSE FOR MODE SPECIFIC REQUIREMENTS THAT
THE MODE WOULD LIKE TO EMPHASIZE]
11. The Recipient agrees it will comply with the requirements of Title 23, United
States Code, as determined to be applicable.
D. Statement of Work
The work requirements, including deliverables, for this Cooperative Agreement are
delineated in the Scope of Work in Attachment A herein.
Attachment number 5Page 6 of 38
7
SECTION II – AWARD INFORMATION
A. Obligated Funding
The total not to exceed amount of Federal funding that may be provided under this
Cooperative Agreement is _______for the entire period of performance.
The Government’s liability to make payments to the Recipient is limited to those funds
obligated under this Agreement, subject to any conditions specified in this agreement, as
indicated above and in any subsequent amendments.
[INSERT THE BELOW LANGUAGE FOR PROJECTS THAT REQUIRE NEPA
REVIEW BEFORE SOME WORK ELEMENTS CAN PROCEED]
The maximum obligation of the Government payable under this award shall be
______________Dollars ($____________), subject to all the terms and conditions in this
Cooperative Agreement. Currently, Federal funds for the Phase 1, in the amount of
______________________________ Dollars ($__________) are obligated to this
Agreement. Subject to availability of funds and execution of an amendment to the
Cooperative Agreement signed by the Agreement Officer (AO), the Government Option
to raise the total value of the grant to ________________________________ Dollars
($_________) to include Phase 2 work may be exercised. The Government’s liability to
make payments to the Recipient is limited to those funds obligated under this Agreement
as indicated above and in any subsequent amendments.
As delineated in the Project Scope of Work (Attachment A), the grant consists of a Phase
1 and option for a Phase 2. The Phase 1 obligation amount consists of
__________________________________ Dollars ($_____________) for costs
associated with Planning, Environmental Review, and Preliminary Engineering. Only
upon bilateral exercise of the Government Option, via formal amendment to the
Cooperative Agreement signed by the AO, may the remaining balance of the maximum
obligation amount listed in part (a) of this section –
________________________________________ Dollars ($________________) – be
obligated for performance of the optional Phase 2, which includes [INSERT
DESCRIPTION OF POST-NEPA WORK, SUCH AS FINAL DESIGN AND
CONSTRUCTION BID DOCUMENTS].
B. Matching or Cost Sharing
[THE ADMINISTERING MODE SHOULD SELECT THE APPLICABLE
CLAUSE BELOW, DEPENDING ON THE TYPE OF PROJECT]
[Urban Projects:] As this is considered an urban project, this project carries a matching
requirement of at least 20% of total project costs, pursuant to Public Law 111-117. The
recipient will provide cost sharing in total the amount of $__________; of this amount
$__________ will be in matching funding and the balance will be in-kind staffing
quantified in the amount of $ __________, in order to meet this requirement and
complete the work effort as delineated in Attachment A. If there are any cost savings or
Attachment number 5Page 7 of 38
8
if the contract award is under the engineer’s estimate, 23 CFR 630.106(f) shall not apply
to any match for the TIGER II Discretionary Grant amount.
[Rural Projects:] As this is considered a rural project, there is no cost share requirement
for this grant, pursuant to Public Law 111-117. However, the recipient has proposed cost
sharing in the amount of $________, and [or including] in-kind staffing contributions
quantified in the amount of $ _________, in order to complete the work effort as
delineated in (Attachment A).
Note: Cost sharing contributions shall not consist of funds or costs paid by the Federal
Government under another award, except where authorized by Federal statute to be used
for cost sharing or matching. Only funds expended after the effective date of the award
will be eligible for consideration as cost share.
The matching requirements shall be monitored by FHWA for the duration of this effort.
At the conclusion of the Agreement, FHWA will determine whether the cost sharing
percent matching requirement has been achieved. The Recipient must ensure a clear
audit trail of the matching share costs and in-kind services for the duration of the
Agreement.
C. Period of Performance
The period of performance of this Agreement is ____ months, commencing on the
effective date stated on Page 1 of this Agreement.
D. Degree of Federal Involvement
This is a Cooperative Agreement. The FHWA anticipates substantial Federal
involvement between FHWA and the Recipient during the course of this project that will
include:
• Coordination of this activity with other activities of the U.S. Department of
Transportation and the U.S. Department of Housing and Urban Development;
[DELETE PRIOR PHRASE IF NOT A JOINT HUD-DOT PROJECT]
• Technical assistance and guidance, as applicable;
• Close monitoring during performance; and
• Participation in status meetings including kickoff meeting and annual budget
reviews.
The Agreement Officer’s (AO) Technical Representative (AOTR) will participate in the
planning and management of this Agreement on behalf of the FHWA and will coordinate
activities between the Recipient and the FHWA.
Attachment number 5Page 8 of 38
9
SECTION III – AWARD ADMINISTRATION INFORMATION
[EACH MODE SHOULD VERIFY THE APPLICABILITY OF THESE
REQUIREMENTS TO EACH PARTICULAR PLANNING GRANT, ADDING
ADDITIONAL REQUIREMENTS AS NECESSARY]
A. Governing Laws and Regulations
Performance under this Agreement shall be governed by and in compliance with the all
applicable Federal regulations and statutes, including those listed in Exhibit C to this
Agreement.
B. Responsibilities of the Recipient
In accordance with the Project Schedule in Attachment A, the Recipient shall:
Provide overall program management. Specifically, the Recipient shall be responsible for
the following, as a minimum:
Perform the Statement of Work in accordance with Section I(C), General Terms and
Conditions.
Coordinate and manage work, including issuing and managing subawards as necessary.
Submitting all required reports including Quarterly Progress Reports and Annual Budget
Reviews. Note: See Section entitled “Reporting”.
Meet with the FHWA AOTR as necessary.
Participate in a kick-off meeting with the [Agreement Officer (AO) and the AOTRto
discuss Agreement expectations and procedures.
Participate in Annual Budget Review meetings with the AO and/or AOTR.
C. Amendments
Amendments to this Agreement may only be made in writing, signed by both parties for
bilateral actions and by the AO for unilateral actions, and specifically referred to as an
amendment to this Agreement.
D. Cooperative Agreement Assurances
The Recipient will execute the Cooperative Agreement Assurances attached as Exhibit A
in conjunction with the execution of this Agreement, or alternatively, if the Grantee
already has executed such Cooperative Agreement Assurances, the Grantee will ensure
that such existing Cooperative Agreement Assurances remain valid and in effect
throughout the term of this Agreement.
Attachment number 5Page 9 of 38
10
E. Agreement Officer's Technical Representative (AOTR)
The AO has designated __________ as Technical Representative to assist in monitoring
the work under this Agreement. The AOTR will oversee the technical administration of
this Agreement and act as technical liaison with the recipient. The AOTR is not
authorized to change the scope of work or specifications as stated in the Agreement, to
make any commitments or otherwise obligate the Government or authorize any changes
which affect the Agreement funding, delivery schedule, period of performance or other
terms or conditions.
The AOis the only individual who can legally commit or obligate the Government for the
expenditure of public funds. The technical administration of this Agreement shall not be
construed to authorize the revision of the terms and conditions of performance. The
AOshall authorize any such revision in writing.
F. Copyrights
The Recipient shall make available to the Government copies of all work developed in
performance of this Cooperative Agreement, including but not limited to software and
data. The Government and others acting on its behalf shall have unlimited rights to
obtain, reproduce, publish, or otherwise use the data developed in the performance of this
Agreement pursuant to 49 C.F.R. Part 18.34.
[THE BELOW CLAUSE IS OPTIONAL PER THE RECIPIENT’S REQUEST]
G. Indirect Costs
Consistent with the terms set forth in the Payment section of this Agreement, Indirect
costs are allowable under this agreement as follows:
Indirect Rate Type Rate (%) Base
(Information to be filled in at award)
In the event the Recipient determines the need to adjust the above listed rates, the
Recipient shall notify the FHWA of the planned adjustment and provide rationale for
such adjustment. In the event such adjustment rates have not been audited by a Federal
agency, the adjustment of rates must be pre-approved in writing by the Agreement
Officer.
Any changes to the rates above are subject to the approval of the AO.
This Indirect Cost provision does not operate to waive the limitations on Federal funding
provided in this Agreement. The Recipient’s audited final indirect costs are allowable
Attachment number 5Page 10 of 38
11
only insofar as they do not cause the Recipient to exceed the total amount of Federal
funds obligated to the Agreement.
H. Payment
Payment of costs under this Agreement will be made pursuant to and in accordance with
49 C.F.R. Parts 18 and 19 (to the extent that a non-governmental Recipient receives grant
funding), and the provisions of such regulations and procedures as the Government may
prescribe. Final determination of the Grant’s expenditures may be based upon a final
review of the total amount of agreed project costs and settlement will be made for
adjustments to the Grant amount in accordance with applicable government-wide cost
principles under 2 C.F.R. 225 (State and Local Governments); 2 C.F.R. 215 (Higher
Education Institutions); and 2 C.F.R. 230 (Non-Profit Organizations). If there are any
differences between the requirements of 49 C.F.R. Parts 18 and 19 and Title 23, United
States Code, for projects subject to Title 23, Title 23 shall prevail.
The Recipient may request reimbursement of costs incurred in the performance hereof as
are allowable under the applicable cost provisions not to exceed the funds currently
available as stated herein. Requests shall be made no more frequently than monthly.
Payments by Reimbursement: When requesting reimbursement of costs incurred and
credit for cost share incurred, the Recipient shall submit supporting cost detail with the
SF 270 to clearly document costs incurred. Cost detail includes a detailed breakout of all
costs incurred including direct labor, indirect costs, other direct costs, travel, etc.
The Recipient will be reimbursed in accordance with the terms of this Agreement
between the Government (Modal Administration) or other specified form or agreement as
determined by the Government that incorporates this Agreement by reference.
The Recipient shall have entered into obligations for services and goods associated with
the Project prior to seeking reimbursement from the Government. Reimbursement will
only be made for expenses incurred after execution of this Agreement.
The Recipient shall ensure that the funds provided by the Government are not
misappropriated or misdirected to any other account, need, project, line-item, or the like.
Any Federal funds not expended in conjunction with the Project will remain the property
of the Government.
Allowable Costs: Determination of allowable costs will be made in accordance with the
applicable Federal cost principles, e.g., OMB Circular A-87 (2 C.F.R. Part 225).
Disallowed costs are those charges determined to not be allowed in accordance with the
applicable Federal cost principles or other conditions contained in this Agreement.
The Recipient shall submit a copy of the SF 270 using one of the methods identified
below:
Requests for reimbursement and required supporting documents, should be sent via e-
Attachment number 5Page 11 of 38
12
mail to the following e-mail address: 9-AMC-AMZ-FHWA-Invoices@faa.gov.
(a) Include the request for reimbursement and supporting documents as an attached PDF
document
(b) Include in the e-mail subject line the following:
(i) “Invoice No. #
(ii) Agreement Number
(iii) Name of your Company/Organization.”
(iv) Attention: [Agreement Specialist Name]
Example: Invoice No. 35 – DTFH61-08-G-00001 – ABC University – Attention: John
Doe
If the request for reimbursement and supporting documents exceed 8 MB, as an e-mail
attachment, the recipient must select one of the other submission options presented
below:
Requests for reimbursement submitted via an overnight service must use the following
physical address:
MMAC
FHWA/AMZ-150
6500 S. MacArthur Blvd
Oklahoma City, OK 73169
Attention: [INSERT APPROPRIATE MODAL CONTACT]
Express Delivery Point of Contact: [INSERT APPROPRIATE MODAL CONTACT]
Requests for reimbursement may be submitted via regular U.S. Postal Service to the
following address:
[INSERT APPROPRIATE MODAL CONTACT INFORMATION]
All requests for requests for reimbursement must identify (Agreement Specialist name) as
the point of contact.
Requests for reimbursement submitted to an address other than those identified above
will be returned to the recipient as non-conforming.
The [INSERT APPROPRIATE MODAL OFFICIAL] reserve the right to withhold
processing requests for reimbursement until sufficient detail is received. In addition,
reimbursement will not be made without AOTR review and approval to ensure that
progress on the Agreement is sufficient to substantiate payment. After AOTR approval,
the Agreement Specialist will certify and forward the advance or request for
Attachment number 5Page 12 of 38
13
reimbursement to the payment office. Note: Standard Forms may be located at
http://www.fhwa.dot.gov/aaa/forms2.htm.
I. Acknowledgement of Support and Disclaimer
An acknowledgment of FHWA support and a disclaimer must appear in any publication
of any material, whether copyrighted or not, based on or developed under the Agreement,
in the following terms:
“This material is based upon work supported by the FHWA under Cooperative
Agreement No. _______________.”
All materials must also contain the following:
“Any opinions, findings, and conclusions or recommendations expressed in this
publication are those of the Author(s) and do not necessarily reflect the view of the
FHWA.”
J. Site Visits
The Federal Government, through its authorized representatives, has the right, at all
reasonable times, to make site visits to review project accomplishments and management
control systems and to provide such technical assistance as may be required. If any site
visit is made by the Federal Government on the premises of the Recipient or a
subrecipient under this Agreement, the Recipient shall provide and shall require their
subrecipients to provide all reasonable facilities and assistance for the safety and
convenience of the Government representative in the performance of their duties. All site
visits and evaluations shall be performed in such a manner as will not unduly delay work.
K. Enforcement and Termination
The Government may terminate this Agreement in whole or in part, upon providing
written notification to the Recipient, if the AO determines that a Recipient has failed to
complete the technical or administrative terms and conditions of the award, or has failed
to make sufficient progress on the Project Schedule in Attachment A, or the Government,
in its sole discretion, determines that termination of the Agreement is in the public
interest.
L. Budget Revision/Reallocation of Amounts Under 49 C.F.R. 18.30
The Recipient is required to report deviations from budget and program plans, and
request prior approval for budget and program plan revisions in accordance with 49
C.F.R. Part 18.30.
Note: The Recipient must obtain prior written approval from the AO to transfer amounts
budgeted for direct cost categories when the cumulative value of such transfers will
Attachment number 5Page 13 of 38
14
exceed 10% of the value of Federal share of this Agreement. When requesting such
approval, a letter request suffices.
M. Financial Management System Under 49 C.F.R. Part 18.20 and Title 23
By signing this Agreement, the Recipient verifies that it has, or will implement, a
financial management system adequate for monitoring the accumulation of costs and that
it complies with the financial management system requirements of 49 C.F.R. Part 18 and
Title 23. The Recipient’s failure to comply with these requirements may result in
Agreement termination.
N. Allowability of Costs
Allowability of costs shall be determined in accordance with 49 C.F.R. Part 18.22.
Any non-domestic travel must be approved by the AO prior to incurring costs. Travel
requirements under this Agreement shall be met using the most economical form of
transportation available. If economy class transportation is not available, the request for
payment vouchers must be submitted with justification for use of higher class travel
indicating dates, times, and flight numbers.
O. Central Contractor Registry (CCR)
The Recipient, including any direct recipient acting under a delegation from the
Applicant, must be registered in the CCR in order to receive payments under this
Agreement. Use of the CCR is to provide one location for applicants and Recipients to
change information about their organization and enter information on where government
payments should be made. The registry will enable Recipients to make a change in one
place and one time for all Federal agencies to use. Information for registering in the CCR
and online documents can be found at www.ccr.gov.
[INCLUDE THE BELOW CLAUSE IF ANY INDIVIDUALS (NOT FIRMS OR
OTHER ENTITIES) WERE NAMED AS EXPERTS, ETC. TO DO THE WORK]
P. Key Personnel
The Recipient shall request prior written approval from the AO for any change in key
personnel specified in the award. Key personnel under this Agreement include:
Q. Subawards
Unless described in the application and funded in the approved award, the Recipient shall
obtain prior written approval from the AO for the subawarding of any work under this
award. This provision does not apply to the purchase of supplies, material, equipment, or
general support services.
Attachment number 5Page 14 of 38
15
The following subawards are currently approved under the cooperative agreement award:
[Fill in OR state "No sub-awards are currently approved under this Agreement."]
R. Debarment and Suspension Requirements
The Recipient shall comply with 2 C.F.R. Part 180 entitled, “OMB Guidelines to
Agencies on Government-wide Debarment and Suspension (Nonprocurement).” DOT-
specific guidance can be found at 2 C.F.R. Part 1200 entitled, “Nonprocurement
Suspension and Department.” Further, the Recipient shall flow down this requirement to
applicable subawards by including a similar term or condition in lower-tier covered
transactions.
S. Reporting
1. Addresses for Submittal of Reports and Documents
The Recipient shall submit all required reports and documents, under transmittal letter
referencing the TIGER II grant number, as follows:
Submit one electronic copy to the Agreement Specialist at the following address:
[INSERT APPROPRIATE EMAIL ADDRESS].
Submit one electronic copy to the AOTR at the following email address: [INSERT
APPROPRIATE EMAIL ADDRESS].
Submit one electronic copy to the FHWA TIGER II Planning Grants Point of Contact
(FHWA Planning POC) at the following address: Kenneth.Petty@dot.gov.
2. Quarterly Progress Report
The Recipient shall submit an electronic copy, in PDF format, to the AOTR, the
Agreement Specialist, and FHWA Planning POC on or before the 30th of the month
following the calendar quarter being reported. Reports submitted under this provision
satisfy the NOFA requirement for a midterm and final report.
Calendar Quarters are:
(1) January - March
(2) April – June
(3) July – September
(4) October- December
Each report shall contain concise statements covering the activities relevant to the
project, including:
• a summary of work performed for the current quarter;
Attachment number 5Page 15 of 38
16
• a summary of work planned for the upcoming quarter;
• a description of any problem encountered or anticipated that will affect the
completion of the work within the time and fiscal constraints as set forth in the
Cooperative Agreement, together with recommended solutions to such problems; or, a
statement that no problems were encountered;
• a tabulation of the current and cumulative costs expended for each task, by
quarter, versus budgeted costs; and
• SF425, Financial Status Report.
3. Annual Budget Review and Program Plan
The Recipient shall submit an electronic copy of the Annual Budget Review and Program
Plan to the AOTR, the Agreement Specialist, and FHWA Planning POC 60 days prior to
the end of each Agreement year. The Annual Budget Review and Program Plan shall
provide a detailed schedule of activities, estimate of specific performance objectives,
include forecasted expenditures, and schedule of milestones for the upcoming Agreement
year. The Recipient will meet with FHWA to discuss the Annual Budget Review and
Program Plan. Work proposed under the Annual Budget Review and Program Plan shall
not commence until the Agreement Officer’s written approval is received.
T. Financial Assistance Policy to Ban Text Messaging While Driving
a) Definitions. The following definitions are intended to be consistent with the definitions
in Executive Order 13513, Federal Leadership on Reducing Text Messaging While
Driving, October 1, 2009, and DOT Order 3902.10. For clarification purposes, they may
expand upon the definitions in the E.O.
"Driving"-
(1) Means operating a motor vehicle on a roadway, including while temporarily
stationary because of traffic, a traffic light, stop sign, or otherwise.
(2) It does not include being in your vehicle (with or without the motor running) in a
location off the roadway where it is safe and legal to remain stationary.
"Text Messaging" ---means reading from or entering data into any handheld or other
electronic device, including for the purpose of short message service texting, e-mailing,
instant messaging, obtaining navigational information, or engaging in any other form of
electronic data retrieval or electronic data communication. The term does not include the
use of a cell phone or other electronic device for the limited purpose of entering a
telephone number to make an outgoing call or answer an incoming call, unless the
practice is prohibited by State or local law.
(b) In accordance with Executive Order 13513, Federal Leadership on Reducing Text
Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging
While Driving, December 30, 2009, financial assistance recipients and subrecipients of
grants and cooperative Agreements are encouraged to:
(1) Adopt and enforce workplace safety policies to decrease crashes caused by distracted
Attachment number 5Page 16 of 38
17
drivers including policies to ban text messaging while driving--
(i) Company-owned or -rented vehicles or Government-owned, leased or rented
vehicles; or
(ii) Privately-owned vehicles when on official Government business or when
performing any work for or on behalf of the Government.
(2) Conduct workplace safety initiatives in a manner commensurate with the size of the
business, such as-
(i) Establishment of new rules and programs or re-evaluation of existing programs
to prohibit text messaging while driving; and
(ii) Education, awareness, and other outreach to employees about the safety risks
associated with texting while driving.
(c) Assistance Awards. All recipients and subrecipients of financial assistance to include:
grants, cooperative Agreements, loans and other types of assistance, shall insert the
substance of this clause, including this paragraph (c), in all assistance awards.
U. Order of Precedence
The scope of work, schedule, and the budget are accepted, approved, and incorporated
herein as Attachments A and B. The recipient’s original application is incorporated into
this Agreement by reference. In the event of any conflict between Attachments A and B
and the application, Attachments A and B shall prevail over the application.
Attachment number 5Page 17 of 38
18
ATTACHMENT A - PROJECT SCOPE OF WORK AND
SCHEDULE
[Insert scope of work and schedule]
Attachment number 5Page 18 of 38
19
ATTACHMENT B - APPROVED PROJECT BUDGET (SF-
424 AND SF-424A OR SF-424CBW, AND SUPPORTING
BUDGET INFORMATION)1
[Insert SF 424 and SF 424 A OR SF-424cBW]
1 For projects that are being jointly administered with the Department of Housing and Urban Development,
FHWA will use for SF-424CBW in lieu of forms SF-424 and SF 424A in order to reduce the paperwork
burden on the recipient(s).
Attachment number 5Page 19 of 38
20
EXHIBIT A
COOPERATIVE AGREEMENT ASSURANCES
Attachment number 5Page 20 of 38
21
EXHIBIT A 1
TITLE VI ASSURANCE
(Implementing Title VI of the Civil Rights Act of 1964, as amended)
ASSURANCE CONCERNING NONDISCRIMINATION IN
FEDERALLY-ASSISTED PROGRAMS AND ACTIVITIES
RECEIVING OR BENEFITING FROM FEDERAL FINANCIAL
ASSISTANCE
(Implementing the Rehabilitation Act of 1973, as amended, and the Americans With
Disabilities Act, as amended)
49 C.F.R. Parts 21, 25, 27, 37 and 38
By signing and submitting the Technical Application and by entering into the Agreement
under the TIGER II Discretionary Grant program, the Recipient hereby agrees that:
1. As a condition to receiving any Federal financial assistance from the U.S. Department
of Transportation, Recipient will comply with: Title VI of the Civil Rights Act of 1964,
as amended, 42 U.S.C. 2000d--42 U.S.C. 2000d-4; all requirements imposed by or
pursuant to: Title 49, Code of Federal Regulations, Part 21, Nondiscrimination in
Federally-Assisted Programs of the Department of Transportation--Effectuation of Title
VI of the Civil Rights Act of 1964; and other pertinent directives so that no person in the
United States shall, on the grounds of race, color, national origin, be excluded from
participation in, be denied the benefits of, or be otherwise subjected to discrimination
under any program or activity for which the Recipient receives Federal financial
assistance from the Department of Transportation. This assurance is required by Title 49,
Code of Federal Regulations, Section 21.7(a).
2. As a condition to receiving any Federal financial assistance from the U.S. Department of
Transportation, Recipient will comply with: Title IX of the Education Amendments of 1972,
as amended, 20 U.S.C. 1681 through 1683, and 1685 through 1687, and U.S. DOT
regulations, “Nondiscrimination on the Basis of Sex in Education Programs or Activities
Receiving Federal Financial Assistance,” 49 C.F.R. part 25, which prohibit discrimination on
the basis of sex. As a condition to receiving any Federal financial assistance from the U.S.
Department of Transportation, it will comply with: the Age Discrimination Act of 1975,
as amended (42 U.S.C. 6101 et seq.), the Drug Abuse Office and Treatment Act of 1972,
as amended (21 U.S.C. 1101 et seq.), the Comprehensive Alcohol Abuse and Alcoholism
Prevention, Treatment and Rehabilitation Act of 1970, as amended (42 U.S.C. 4541 et
seq.); and any other nondiscrimination provisions in the specific statute(s) under which
application for Federal assistance was made; and the requirements of any other
nondiscrimination statute(s) which may apply to the Recipient.
Attachment number 5Page 21 of 38
22
3. As a condition to receiving any Federal financial assistance from the Department of
Transportation, it will comply with: section 504 of the Rehabilitation Act of 1973, as
amended, (29 U.S.C. 794); and all requirements imposed by or pursuant to Title 49, Code
of Federal Regulations, Part 27, Nondiscrimination on the Basis of Handicap in Programs
and Activities Receiving or Benefiting from Federal Financial Assistance; and Part 37,
Transportation Services for Individuals With Disabilities; and Part 38, Americans With
Disabilities Act – Accessibility Specifications for Transportation Vehicles; and other
pertinent directives so that no otherwise qualified person with a disability, be excluded
from participation in, be denied the benefits of, be discriminated against by reason of
such handicap, or otherwise be subjected to discrimination under any program for which
the Recipient receives Federal financial assistance from the Department of
Transportation. This assurance is required by Title 49, Code of Federal Regulations,
Section 27.9.
4. The Recipient will promptly take any measures necessary to effectuate this
Agreement. The Recipient further agrees that it shall take reasonable actions to guarantee
that it, its contractors and subcontractors subject to the Department of Transportation
regulations cited above, transferees, and successors in interest will comply with all
requirements imposed or pursuant to the statutes and Department of Transportation
regulations cited above, other pertinent directives, and the above assurances.
5. These assurances obligate the Recipient for the period during which Federal financial
assistance is extended. The Recipient agrees that the United States has a right to seek
judicial enforcement with regard to any matter arising under the statutes and Department
of Transportation regulations cited above, other pertinent directives, and the above
assurances.
6. These assurances are given for the purpose of obtaining Federal grant assistance under
the TIGER II Discretionary Grant Program and are binding on the Recipient, contractors,
subcontractors, transferees, successors in interest, and all other participants receiving
Federal grant assistance in the TIGER II Discretionary Grant Program. The person or
persons whose signatures appear below are authorized to sign this Agreement on behalf
of the Recipient.
7. In addition to these assurances, the Recipient agrees to file: a summary of all
complaints filed against it within the past year that allege violation(s) by the Recipient of
Title VI of the Civil Rights Act of 1964, as amended, section 504 of the Rehabilitation
Act of 1973, as amended; or a statement that there have been no complaints filed against
it. The summary should include the date the complaint was filed, the nature of the
complaint, the status or outcome of the complaint (i.e., whether it is still pending or how
it was resolved).
Attachment number 5Page 22 of 38
23
EXHIBIT A 2
DISCLOSURE OF LOBBYING ACTIVITIES
Certification for Contracts, Grants, Loans,
and Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement or grant
agreement, and the extension, continuation, renewal, amendment, or modification
of any Federal contract, grant, loan, cooperative agreement, or grant agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract,
grant, loan, cooperative agreement, or grant agreement, the undersigned shall
complete and submit Standard Form-LLL (Rev. 7-97), "Disclosure of Lobbying
Activities," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, cooperative agreements and grant
agreements) and that all subRecipients shall certify and disclose accordingly.
4. This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction imposed
by section 1352, title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
Attachment number 5Page 23 of 38
24
EXHIBIT A 3
CERTIFICATION REGARDING DRUG-FREE WORKPLACE
REQUIREMENTS IN THE PERFORMANCE OF THE TIGER II
DISCRETIONARY GRANT PROGRAM
The Recipient certifies that it will, or will continue, to provide a drug-free workplace by:
1. Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession or use of a controlled substance is prohibited in
the Recipient’s workplace, and specifying the actions that will be taken against
employees for violation of such prohibition.
2. Establishing an ongoing drug-free awareness program to inform employees about:
(a) The dangers of drug abuse in the workplace;
(b) The Recipient's policy of maintaining a drug-free workplace;
(c) Any available drug counseling, rehabilitation, and employee assistance
programs; and,
(d) The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
3. Making it a requirement that each employee to be engaged in the performance of
work supported by the grant award be given a copy of the statement required by
paragraph 1.
4. Notifying the employee in the statement required by paragraph 1 that, as a condition
of employment supported by the grant award, the employee will:
(a) Abide by the terms of the statement; and
(b) Notify the employer in writing of his or her conviction for a violation of a
criminal drug statute occurring in the workplace no later than five calendar days
after such conviction.
5. Notifying the agency in writing, within ten calendar days after receiving notice under
paragraph (d)(2) from an employee or otherwise receiving actual notice of conviction.
Employers of convicted employees must provide notice, including position title, to
the Department. Notice shall include the order number of the grant award.
6. Taking one of the following actions, within 30 days of receiving notice under
paragraph 4(b), with respect to any employee who is so convicted:
(a) Taking appropriate personnel action against such an employee, up to and
including termination, consistent with the requirements of the Rehabilitation Act
of 1973, as amended, or
Attachment number 5Page 24 of 38
25
(b) Requiring such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a Federal,
State or local health, law enforcement, or other appropriate agency.
7. Making a good faith effort to continue to maintain a drug-free workplace through
implementation of paragraphs (a), (b), (c), (d), (e) and (f).
8. The Recipient may, but is not required to, provide the site for the performance of
work done in connection with the specific grant. For the provision of services
pursuant to the Agreement, workplaces include outstations, maintenance sites,
headquarters office locations, training sites and any other worksites where work is
performed that is supported by the grant award. If the Recipient does so, please insert
in Section 4 of the Agreement the following information from subsection (a) below:
(a) Identify the Places of Performance by listing the street address, city, county,
state, zip code. Also identify if there are workplaces on file that are not identified
in this section of the Agreement.
Attachment number 5Page 25 of 38
26
EXHIBIT A 4
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND
OTHER RESPONSIBILITY MATTERS -- PRIMARY COVERED
TRANSACTIONS
2 C.F.R. Part 1200, 49 C.F.R. Part 32
By signing and submitting the Technical Application and by entering into the Agreement
under the TIGER II Discretionary Grant program, the Recipient is providing the
assurance and certification set out below.
1. The inability of a person to provide the certification required below will not
necessarily result in denial of participation in this covered transaction. The prospective
participant shall submit an explanation of why it cannot provide the certification set out
below. The certification or explanation will be considered in connection with the
department or agency's determination whether to enter into this transaction. However,
failure of the prospective primary participant to furnish a certification or an explanation
shall disqualify such person from participation in this transaction.
2. The certification in this clause is a material representation of fact upon which reliance
was placed when the department or agency determined to enter into this transaction. If it
is later determined that the prospective primary participant knowingly rendered an
erroneous certification, in addition to other remedies available to the Federal
Government, the department or agency may terminate this transaction for cause or
default.
3. The prospective primary participant shall provide immediate written notice to the
department or agency to which this proposal is submitted if at any time the prospective
primary participant learns that its certification was erroneous when submitted or has
become erroneous by reason of changed circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered
transaction, participant, person, primary covered transaction, principal, proposal, and
voluntarily excluded, as used in this clause, have the meanings set out in the Definitions
and Coverage sections of the rules implementing Executive Order 12549. See
Nonprocurement Suspension and Debarment (2 C.F.R. Part 1200) and Government wide
Requirements for Drug-Free Workplace Grants (49 C.F.R. Part 32). The prospective
primary participant agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered
transaction with a person who is proposed for debarment under 48 C.F.R. part 9, subpart
9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation
in this covered transaction, unless authorized by the department or agency entering into
this transaction.
5. The prospective primary participant further agrees by submitting this proposal that it
will include the clause titled "Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transaction," provided by
the department or agency entering into this covered transaction, without modification, in
Attachment number 5Page 26 of 38
27
all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
6. A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that it is not proposed for debarment under
48 C.F.R. part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded
from the covered transaction, unless it knows that the certification is erroneous. A
participant may decide the method and frequency by which it determines the eligibility of
its principals. Each participant may, but is not required to, check the List of Parties
Excluded from Federal Procurement and Non-procurement Programs.
7. Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render in good faith the certification required by this clause.
The knowledge and information of a participant is not required to exceed that which is
normally possessed by a prudent person in the ordinary course of business dealings.
8. Except for transactions authorized under paragraph 6 of these instructions, if a
participant in a covered transaction knowingly enters into a lower tier covered transaction
with a person who is proposed for debarment under 48 C.F.R. part 9, subpart 9.4,
suspended, debarred, ineligible, or voluntarily excluded from participation in this
transaction, in addition to other remedies available to the Federal Government, the
department or agency may terminate this transaction for cause or default.
Certification Regarding Debarment, Suspension, and Other Responsibility Matters -
- Primary Covered Transactions
1. The prospective primary participant certifies to the best of its knowledge and belief,
that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of
or had a civil judgment rendered against them for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a public
(Federal, State or local) transaction or contract under a public transaction; violation of
Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving stolen
property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State or local) with commission of any of the offenses
enumerated in paragraph (1)(b) of this certification; and
(d) Have not within a three-year period preceding this application/proposal had
one or more public transactions (Federal, State or local) terminated for cause or default.
2. Where the prospective primary participant is unable to certify to any of the statements
in this certification, such prospective participant shall attach an explanation to this
proposal.
Attachment number 5Page 27 of 38
28
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion -- Lower Tier Covered Transactions
By signing and submitting the Technical Application and by entering into the Agreement
under the TIGER II Discretionary Grant program, the Recipient is providing the
assurance and certification set out below.
1. The certification in this clause is a material representation of fact upon which reliance
was placed when this transaction was entered into. If it is later determined that the
prospective lower tier participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government the department or agency
with which this transaction originated may pursue available remedies, including
suspension and/or debarment.
2. The prospective lower tier participant shall provide immediate written notice to the
person to whom this proposal is submitted if at any time the prospective lower tier
participant learns that its certification was erroneous when submitted or had become
erroneous by reason of changed circumstances.
3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered
transaction, participant, person, primary covered transaction, principal, proposal, and
voluntarily excluded, as used in this clause, have the meaning set out in the Definitions
and Coverage sections of rules implementing Executive Order 12549. You may contact
the person to which this proposal is submitted for assistance in obtaining a copy of those
regulations.
4. The prospective lower tier participant agrees by submitting this proposal that, should
the proposed covered transaction be entered into, it shall not knowingly enter into any
lower tier covered transaction with a person who is proposed for debarment under 48
C.F.R. part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized by the
department or agency with which this transaction originated.
5. The prospective lower tier participant further agrees by submitting this proposal that it
will include this clause titled "Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transaction," without
modification, in all lower tier covered transactions and in all solicitations for lower tier
covered transactions.
6. A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that it is not proposed for debarment under
48 C.F.R. part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded
from covered transactions, unless it knows that the certification is erroneous. A
participant may decide the method and frequency by which it determines the eligibility of
its principals. Each participant may, but is not required to, check the List of Parties
Excluded from Federal Procurement and Non-procurement Programs.
7. Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render in good faith the certification required by this clause.
Attachment number 5Page 28 of 38
29
The knowledge and information of a participant is not required to exceed that which is
normally possessed by a prudent person in the ordinary course of business dealings.
8. Except for transactions authorized under paragraph 5 of these instructions, if a
participant in a covered transaction knowingly enters into a lower tier covered transaction
with a person who is proposed for debarment under 48 C.F.R. part 9, subpart 9.4,
suspended, debarred, ineligible, or voluntarily excluded from participation in this
transaction, in addition to other remedies available to the Federal Government, the
department or agency with which this transaction originated may pursue available
remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility an Voluntary
Exclusion -- Lower Tier Covered Transactions
By signing and submitting the Technical Application and by entering into the Agreement
under the TIGER II Discretionary Grant program, the Recipient is providing the
assurance and certification set out below.
1. The prospective lower tier participant certifies, by submission of this proposal, that
neither it nor its principals is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by any
Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the
statements in this certification, such prospective participant shall attach an explanation to
this proposal.
Attachment number 5Page 29 of 38
30
EXHIBIT B
RESPONSIBILITY AND AUTHORITY OF THE RECIPIENT
1. Legal Authority.
The Recipient affirms that it has the legal authority to apply for the grant, and to finance
and carry out the proposed project identified in its Technical Application; that a
resolution, motion or similar action has been duly adopted or passed as an official act of
the Recipient’s governing body authorizing the filing of the application, including all
understandings and assurances contained therein, and directing and authorizing the
person identified as the official representative of the Recipient to act in connection with
the application and to provide such additional information as may be required.
2. Funds Availability.
Recipient affirms that it has sufficient funds available for that portion of the project costs
that are not to be paid by the Government.
3. Preserving Rights and Powers.
Recipient will not take or permit any action that would operate to deprive it of any of the
rights and powers necessary to perform any or all of the terms, conditions, and assurances
in the Agreement without the written approval of the Government, and will act promptly
to acquire, extinguish, or modify any outstanding rights or claims of right of others that
would interfere with such performance by the Recipient. The Recipient agrees that this
will be done in a manner acceptable to the Government.
4. Accounting System, Audit, and Record Keeping Requirements.
(a) The Recipient agrees to keep all project accounts and records that fully
disclose the amount and disposition by the Recipient of the proceeds of the grant, the
total cost of the project in connection with which the grant is given or used, and the
amount or nature of that portion of the cost of the project supplied by other sources, and
such other financial records pertinent to the project. The accounts and records shall be
kept in accordance with an accounting system that will facilitate an effective audit in
accordance with the Single Audit Act of 1984, as amended (31 U.S.C. 7501-7507).
(b) The Recipient agrees to make available to the DOT and the Comptroller
General of the United States, or any of their duly authorized representatives, for the
purpose of audit and examination, any books, documents, papers, and records of the
Recipient that are pertinent to the grant. The Government may require that a Recipient
conduct an appropriate audit. In any case in which an independent audit is made of the
accounts of a Recipient relating to the disposition of the proceeds of a grant or relating to
the project in connection with which the grant was given or used, it shall file a certified
copy of such audit with the Comptroller General of the United States not later than six (6)
months following the close of the fiscal year for which the audit was made.
Attachment number 5Page 30 of 38
31
TRANSPARENCY ACT REQUIREMENTS
[THIS SECTION MAY BE UPDATED BASED ON
FURTHER OMB GUIDANCE OR REGULATION]
Pursuant to the Federal Funding Transparency and Accountability Act of 2006, as
amended (Pub. L. 109–282, as amended by section 6202 of Public Law 110–252,
hereafter referred to as ‘‘the Transparency Act’’ or ‘‘the Act’’) and the OMB Interim
Final Rule (75 FR 55663 (September 14, 2010) (available at
http://www.gpo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22705.pdf) (codified at 2 C.F.R.
Part 170), the Recipient is required to report as required under the Act, in addition to
including the following clause in all first-tier Subawards:
I. Reporting Subawards and Executive Compensation.
a. Reporting of First-Tier Subawards.
1) Applicability. Unless the Recipient (hereinafter in this section referred to as “you”) are
exempt as provided in paragraph d. of this section, you must report each action that
obligates $25,000 or more in Federal funds that does not include Recovery funds (as
defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009,
Pub. L. 111-5) for a subaward to an entity (see definitions in subsection e. of this
section).
2) Where and when to report.
a. You must report each obligating action described in subsection a.1. of this section to
http://www.fsrs.gov.
b. For subaward information, report no later than the end of the month following the
month in which the obligation was made. (For example, if the obligation was made on
November 7, 2010, the obligation must be reported by no later than December 31, 2010.)
3) What to report. You must report the information about each obligating action that the
submission instructions posted at http://www.fsrs.gov specify.
b. Reporting Total Compensation of Recipient Executives.
1) Applicability and what to report. You must report total compensation for each of your
five most highly compensated executives for the preceding completed fiscal year, if—
a. the total Federal funding authorized to date under this award is $25,000 or more;
b. in the preceding fiscal year, you received—
(1) 80 percent or more of your annual gross revenues from Federal procurement contracts
(and subcontracts) and Federal financial assistance subject to the Transparency Act, as
defined at 2 C.F.R. 170.320 (and subawards); and
Attachment number 5Page 31 of 38
32
(2) $25,000,000 or more in annual gross revenues from Federal procurement contracts
(and subcontracts) and Federal financial assistance subject to the Transparency Act, as
defined at 2 C.F.R. 170.320 (and subawards); and
c. The public does not have access to information about the compensation of the
executives through periodic reports filed under section 13(a) or 15(d) of the Securities
Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal
Revenue Code of 1986. (To determine if the public has access to the compensation
information, see the U.S. Security and Exchange Commission total compensation filings
at http://www.sec.gov/answers/execomp.htm.)
2) Where and when to report. You must report executive total compensation described in
subsection b.1. of this section:
a. As part of your registration profile at http://www.ccr.gov.
b. By the end of the month following the month in which this award is made, and
annually thereafter.
c. Reporting of Total Compensation of Subrecipient Executives.
1) Applicability and what to report. Unless you are exempt as provided in subsection d.
of this section, for each first-tier subrecipient under this award, you shall report the names
and total compensation of each of the subrecipient's five most highly compensated
executives for the subrecipient's preceding completed fiscal year, if—
a. in the subrecipient's preceding fiscal year, the subrecipient received—
(1) 80 percent or more of its annual gross revenues from Federal procurement contracts
(and subcontracts) and Federal financial assistance subject to the Transparency Act, as
defined at 2 C.F.R. 170.320 (and subawards); and
(2) $25,000,000 or more in annual gross revenues from Federal procurement contracts
(and subcontracts), and Federal financial assistance subject to the Transparency Act (and
subawards); and
b. The public does not have access to information about the compensation of the
executives through periodic reports filed under section 13(a) or 15(d) of the Securities
Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal
Revenue Code of 1986. (To determine if the public has access to the compensation
information, see the U.S. Security and Exchange Commission total compensation filings
at http://www.sec.gov/answers/execomp.htm.)
2) Where and when to report. You must report subrecipient executive total compensation
described in subsection c.1. of this section:
Attachment number 5Page 32 of 38
33
a. To the recipient.
b. By the end of the month following the month during which you make the subaward.
For example, if a subaward is obligated on any date during the month of October of a
given year (i.e., between October 1 and 31), you must report any required compensation
information of the subrecipient by November 30 of that year.
d. Exemptions.
If, in the previous tax year, you had gross income, from all sources, under $300,000, you
are exempt from the requirements to report:
a. Subawards,
and
b. The total compensation of the five most highly compensated executives of any
subrecipient.
e. Definitions. For purposes of this section:
1) Entity means all of the following, as defined in 2 C.F.R. part 25:
a. A Governmental organization, which is a State, local government, or Indian tribe;
b. A foreign public entity;
c. A domestic or foreign nonprofit organization;
d. A domestic or foreign for-profit organization;
e. A Federal agency, but only as a subrecipient under an award or subaward to a non-
Federal entity.
2) Executive means officers, managing partners, or any other employees in management
positions.
3) Subaward:
a. This term means a legal instrument to provide support for the performance of any
portion of the substantive project or program for which you received this award and that
you as the recipient award to an eligible subrecipient.
b. The term does not include your procurement of property and services needed to carry
out the project or program (for further explanation, see Sec. —— .210 of the attachment
Attachment number 5Page 33 of 38
34
to OMB Circular A-133, “Audits of States, Local Governments, and Non-Profit
Organizations”).
c. A subaward may be provided through any legal agreement, including an agreement
that you or a subrecipient considers a contract.
4) Subrecipient means an entity that:
a. Receives a subaward from you (the recipient) under this award; and
b. Is accountable to you for the use of the Federal funds provided by the subaward.
5) Total compensation means the cash and noncash dollar value earned by the executive
during the recipient's or subrecipient's preceding fiscal year and includes the following
(for more information see 17 C.F.R. 229.402(c)(2)):
a. Salary and bonus.
b. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount
recognized for financial statement reporting purposes with respect to the fiscal year in
accordance with the Statement of Financial Accounting Standards No. 123 (Revised
2004) (FAS 123R), Shared Based Payments.
c. Earnings for services under non-equity incentive plans. This does not include group
life, health, hospitalization or medical reimbursement plans that do not discriminate in
favor of executives, and are available generally to all salaried employees.
d. Change in pension value. This is the change in present value of defined benefit and
actuarial pension plans.
e. Above-market earnings on deferred compensation which is not tax-qualified.
f. Other compensation, if the aggregate value of all such other compensation (e.g.
severance, termination payments, value of life insurance paid on behalf of the employee,
perquisites or property) for the executive exceeds $10,000.
SINGLE AUDIT INFORMATION FOR RECIPIENTS OF TIGER II GRANT
FUNDS
1. To maximize the transparency and accountability of funds authorized under the
Act as required by Congress and in accordance with 2 C.F.R. 215 “Uniform
Administrative Requirements for Grants and Agreements with Institutions of Higher
Education, Hospitals, and other Non-Profit Organizations” and OMB Circular A–102
“Grants and Cooperative Agreements with State and Local Governments.” Common
Rules provisions, recipients agree to maintain records that identify adequately the source
and application of TIGER II Discretionary Grant funds. OMB Circular A–102 is
Attachment number 5Page 34 of 38
35
available at http://www.whitehouse.gov/omb/circulars/a102/a102.html.
2. For recipients covered by the Single Audit Act Amendments of 1996 and OMB
Circular A–133, “Audits of States, Local Governments, and Non-Profit Organizations,”
recipients agree to separately identify the expenditures for Federal awards under the Act
on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection
Form (SF–SAC) required by OMB Circular A–133. OMB Circular A–133 is available at
http://www.whitehouse.gov/omb/circulars/a133/a133.html. This shall be accomplished
by identifying expenditures for Federal awards made under the Act separately on the
SEFA, and as separate rows under Item 9 of Part III on the SF–SAC by CFDA number,
and inclusion of the prefix “TIGER II -” in identifying the name of the Federal program
on the SEFA and as the first characters in Item 9d of Part III on the SF–SAC.
Attachment number 5Page 35 of 38
36
EXHIBIT C
GOVERNING AND RELATED LAWS AND REGULATIONS
Performance under this Agreement shall be governed by and in compliance with all
applicable Federal regulations and statutes, including the following requirements, as
applicable to the type of organization of the Recipient and any applicable subrecipients:
a. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq.
b. Section 404 of the Clean Water Act, as amended 33 U.S.C. 1251, et seq.
c. Section 7 of the Endangered Species Act, P.L. 93-205, as amended.
d. Drug Abuse Office and Treatment Act of 1972, as amended, 21 U.S.C. 1101, et
seq.
e. Architectural Barriers Act of 1968 - 42 U.S.C. 4151, et seq.
f. Federal Water Pollution Control Act, as amended - 33 U.S.C. 1251-1376
g. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq.
h. Americans with Disabilities Act of 1990 - 42 U.S.C. 12101, et seq.
i. Title IX of the Education Amendments of 1972, as amended - 20 U.S.C. 1681
through 1683, and 1685 through 1687
j. Section 504 of the Rehabilitation Act of 1973, as amended - 29 U.S.C. 794
k. Title VI of the Civil Rights Act of 1964 - 42 U.S.C. 2000d et seq.
l. Limitation on Use of Appropriated Funds to Influence Certain Federal
Contracting and Financial Transactions – 31 U.S.C. 1352
m. Freedom of Information Act - 5 U.S.C. 552, as amended
n. The Federal Funding Transparency and Accountability Act of 2006, as amended
(Pub. L. 109–282, as amended by section 6202 of Public Law 110–252) (See
Exhibit B for required clause).
Executive Orders
a. Executive Order 11246 - Equal Employment Opportunity
b. Executive Order 12372 - Intergovernmental Review of Federal Programs
c. Executive Order 12549 – Debarment and Suspension
d. Executive Order 12898 – Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations
e. Executive Order 13166 – Improving Access to Services for Persons With Limited
English Proficiency
General Federal Regulations
a. 49 C.F.R. 18, Uniform Administrative Requirements for Grants and Agreements
to State and Local Governments¨ [located at:
http://www.dot.gov/ost/m60/grant/49cfr18.htm];
b. Cost Principles for State and Local Governments – 2 C.F.R. Part 225
c. Non-procurement Suspension and Debarment – 2 C.F.R. Part 1200
d. Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor (Federal and federally assisted contracting
Attachment number 5Page 36 of 38
37
requirements) - 41 C.F.R. Parts 60, et seq.
e. New Restrictions on Lobbying – 49 C.F.R. Part 20 [located at
http://www.dot.gov.ost/m60/grant/49cfr20.htm];
f. Nondiscrimination in Federally Assisted Programs of the Department of
Transportation –Effectuation of Title VI of the Civil Rights Act of 1964 – 49
C.F.R. Part 21
g. Nondiscrimination on the Basis of Sex in Education Programs or Activities
Receiving Federal Financial Assistance - 49 C.F.R. Part 25
h. Nondiscrimination on the Basis of Handicap in Programs and Activities
Receiving or Benefiting from Federal Financial Assistance - 49 C.F.R. Part 27
i. Enforcement of Nondiscrimination on the Basis of Handicap in Programs or
Activities Conducted by the Department of Transportation – 49 C.F.R. Part 28
j. Governmentwide Requirements for Drug-Free Workplace (Financial Assistance)
– 49 C.F.R. Part 32
k. DOT's implementing ADA regulations, including the ADA Accessibility
Guidelines in Part 37, Appendix A - 49 C.F.R. Parts 37 and 38
l. Procedures for Transportation Workplace Drug and Alcohol Testing Programs –
49 C.F.R. Part 40
m. Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs – 49 C.F.R. Part 26
[For a project being directly administered by a local public agency, the following
two paragraphs apply instead of 49 C.F.R. Part 26.]
The Recipient agrees to: 1) promote the creation of job opportunities for low-income
workers through the use of best practice hiring programs and utilization of apprenticeship
(including pre-apprenticeship) programs; (2) provide maximum practicable opportunities
for small businesses, including veteran-owned small businesses and service disabled
veteran-owned small businesses; (3) make effective use of community-based
organizations in connecting low income or unemployed workers with economic
opportunities; (4) give priority consideration to doing business under the grant with firms
that have a sound track record on labor practices and compliance with Federal laws
ensuring that American workers are safe and treated fairly; and (5) implement best
practices, consistent with our nation’s civil rights and equal opportunity laws, for
ensuring that all individuals – regardless of race gender, age, disability, and national
origin – benefit from the Recovery Act.
An example of a best practice under (5) would be to incorporate key elements of the
Department’s disadvantaged business enterprise (DBE) program (see 49 C.F.R. Part 26)
in contracts under this grant. This practice would involve setting a DBE contract goal on
contracts under this grant that have subcontracting possibilities. The goal would be to
reflect the amount of DBE participation on the contract that the recipient would expect to
obtain absent the effects of discrimination and consistent with the availability of certified
DBE firms to perform work under the contract. When a DBE contract goal has been
established by a recipient, the contract would be awarded only to a bidder/ offeror who
has met or made documented, good faith efforts to reach the goal. Good faith efforts are
defined as “efforts to achieve a DBE goal or other requirement of this part which, by their
Attachment number 5Page 37 of 38
38
scope, intensity, and appropriateness to the objective, can reasonably be expected to
fulfill the program requirement.” Recipients must provide the Department a plan for
incorporating the above best practice into its implementation of the grant within 30 days
following execution of this cooperative agreement. If the recipient is not able to
substantially incorporate Part 26 elements in accordance with the above-described best
practice, the recipient agrees to provide the Department with a written explanation and an
alternative program for ensuring the nondiscriminatory use of contractors owned and
controlled by socially and economically disadvantaged individuals.
The Recipient also agrees that it will comply with the requirements of Title 23, United
States Code, as determined to be applicable.
Office of Management and Budget Circulars
a. A-87 – Cost Principles Applicable to Grants and Contracts with State and Local
Governments [located at:
http://www.whitehouse.gov/OMB/circulars/a087/a087.html];
b. A-102 – Grants and Agreements with State and Local Governments [located at:
http://www.whitehouse.gov/omb/circulars/a102/a102.html];
c. A-133 - Audits of States, Local Governments, and Non-Profit Organizations
[located at http://www.whitehouse.gov/omb/circulars/a133/a133.html];
d. Any other applicable OMB Circular based upon the specific TIGER II Grant
Recipient
Specific assurances required to be included in cooperative agreements and grant
agreements by any of the above laws, regulations, or circulars and are not included in the
attached Exhibit A, are hereby incorporated by reference into the Agreement.
Attachment number 5Page 38 of 38
Attachment number 6Page 1 of 1
Commission Meeting Agenda
3/1/2011 5:00 PM
Public Official Liablity Insurance
Department:Finance/Risk Management Division
Caption:Motion to approve coverage on Public Official Liability Insurance with
Landmark American Insurance Company for $64,948 for April 19, 2011 to
April 19, 2012. (Approved by Finance Committee February 21, 2011)
Background:Current coverage has a $2,000,000 liability limit with an SIR (self insured
retention) of $250,000 for each claim Public Officials and $250,000 each
claim Employment Practices Liability. Public Official Liability provides
coverage for "wrongful acts" of the public entity and wrongful acts of
individuals who act on behalf of the entity. A wrongful act means any actual
or alleged breach of duty, neglect, errors, misstatements, misleading
statements, omissions or employment practices violation by an insured
solely in the performance of duties for the public entity. Augusta-Richmond
County has maintained continuous coverage since 1997. Acceptance of
coverage gives additional protection to the assets of public officials. Public
Official Liability (POL) coverage is claims made coverage which means any
claim which may be covered would need to be filed during the policy
period.
Analysis:
Financial Impact:J. Smith Lanier & Company secured 4 quotes for this coverage. These
quotes provide $2,000,000 in coverage with a $250,000 SIR (self insured
retention). Quotes were received from: Landmark American Insurance an A
XII rated carrier (current carrier and none committed) for a premium of
$64,948; Darwin Insurance Co. an A XV rated carrier for a premium quote
of $67,382; Westchester Insurance Co. an A+ XI carrier with a premium
quote of $83,817; Allied World Assurance an A XV carrier with a premium
quote of $ 100,000.
Alternatives:Rely totally on available funds for the payment of any judgments which may
be rendered directly against entity's public officials.
Recommendation:Approve coverage quoted by Landmark American Insurance Company for a
one year period for a premium of $ 64,948 for $2,000,000 in coverage and
$250,000 SIR. Coverage includes Augusta Commission, Augusta Regional
Airport Authority and Solid Waste Management Authority.
Funds are Available in
the Following
Accounts:
611015212
Cover Memo
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Commission Meeting Agenda
3/1/2011 5:00 PM
Tomberlin
Department:Clerk of Commission
Caption:Consider a request from Tomberlin regarding an abatement of penalties
regarding the taxes owed for Asian Ventures, Inc., Tomberlin Automotive
Group, Inc., PowerGroup International, LLC, and Polaris America of
Augusta, Inc. (No recommendation from Finance Committee February
21, 2011)
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
Attachment number 2Page 1 of 1
Commission Meeting Agenda
3/1/2011 5:00 PM
Workers' Compensation Excess Insurance
Department:Finance/Risk Management Division
Caption:Motion to approve the continue purchase of Workers' Compensation Excess
Insurance. (Approved by Finance Committee February 21, 2011)
Background:Excess Workers Compensation coverage (a per occurrence policy) has been
purchased in the past as a measure to cap any potential catastrophic loss
against Augusta-RichmondCounty. Knowing that this area of the industry is
still quite volatile and premiums continue to rise, Georgia Administrative
Services (G.A.S.) our W.C. Third Party Administrator, was asked to obtain
quotes from at least 3 insurance companies. G.A.S. has received the
responses from A or A+ companies. Current coverage is for Statuatory
limits with a $600,000 SIR (self insured retention) which has been the
elected coverage since 2007.
Analysis:
Financial Impact:See attachment
Alternatives:Drop coverage accepting full exposure/cost of any catastrophic injury.
Recommendation:Continue purchase of Workers' Compensation Excess Coverage with low
bidder.
Funds are Available in
the Following
Accounts:
621015233
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
3/1/2011 5:00 PM
Change Order: 4115 Burning Tree Lane
Department:Public Services - Maintenance Division
Caption:Motion to approve the 4115 Burning Tree Lane change order to Jeffery
Harris Trucking Inc. in the amout of $24,500 for the removal of 220 LF x
36" of failed CMP and installation of 220 x 36" LF of HDPE. (Approved by
Engineering Services Committee February 21, 2011)
Background:The additional 220 LF is extremely needed but was unable to be detected
until the original pipe was exposed. It is imperative that the additional work
be performed to prevent future damage to private property.
Analysis:The added pipe was not apart of the original scope of work as there were no
visible signs of deteroriate until the original pipe was exposed.
Financial Impact:Funds are available in SPLOST IV, Grading and Drainage. Account #
324041110/201824021
Alternatives:1. Approve the change order to Jeffery Harris Trucking, Inc,. in the amount
of $24,500 for the installation of 220 x 36" of HDPE. 2. None
Recommendation:Approve the change order
Funds are Available in
the Following
Accounts:
324041110/201824021
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Commission Meeting Agenda
3/1/2011 5:00 PM
Gordon Highway Adaptive Signal Project - SA1
Department:Abie L. Ladson, PE, CPESC, Director of Engineering
Caption:Motion to approve supplemental agreement with B&E Electrical in the
amount of $258,212.30 for the Gordon Highway Adaptive Signal Project to
install a traffic signal at the intersection of Jimmie Dyess Parkway and
Harper Franklin Avenue as well as provide signal connectivity with Gate 1,
install pedestrian facilities and intersection modifications as requested by
AED. (Approved by Engineering Services Committee February 21,
2011)
Background:The citizens of Breckenridge and Elderberry subdivisions requested that the
intersection of Jimmie Dyess Parkway (SR 383) and Harper-Franklin
Avenue be investigated to determine if signalization, safety, or other
operational improvements are warranted. In October 2010, a signal
warrant and operational study was performed in accordance with the
methodology presented in Manual on Uniform Traffic Control Devices. This
study concluded that based on traffic volumes and accident history a signal
was warranted at the intersection. Signal plans were submitted to Georgia
DOT in November 2010 and signal permit was issued in February 2011.
Analysis:Based on existing traffic volumes, the intersection Jimmie Dyess Parkway
(SR 383) and Harper Franklin Avenue meets the criteria established by the
MUTCD at the 100% volume requirements for four of the nine signal
warrants: Warrant 1 – Eight Hour Vehicular Volume; Warrant 2 – Four
Hour Vehicular Volume; Warrant 3 – Peak Hour; and Warrant 7 – Crash
Experience.
Financial Impact:Funds are available in SPLOST Phase IV Fund balance and the original
developer has agreed to fund $100,000 of the installation costs to be
reimbursed to the county as property parcels are sold
Alternatives:1) Approve supplemental agreement of B&E Electrical to install a traffic
signal at the intersection of Jimmie Dyess Parkway and Harper Franklin
Avenue. 2) Do not approve and upgrade signal at a later date that may result
in increased costs due to sidewalk, landscaping, and street lighting
replacement.
Recommendation:Approve Alternative Number One.
Funds are Available in
the Following
Accounts:
SPLOST Phase IV Fund balance
Cover Memo
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
(SA02 – For changes greater than $20,000) January 2011
AUGUSTA-RICHMOND COUNTY
ENGINEERING DEPARTMENT
SUPPLEMENTAL AGREEMENT
WHEREAS, We, “B/E Electrical Contractor.”, entered into a contract with Augusta-Richmond
County on “September 21, 2010”, for “Gordon Highway Adaptive Traffic Control System”,
Project No. N/A, File Reference No. 10-014 (A), and
WHEREAS, certain revisions to the design requested by Augusta-Richmond County are not
covered by the scope of the original contract, we desire to submit the following Supplemental
Agreement to-wit:
.
It is agreed that as a result of the above described modification the contract amount is increased
by $258,212.30.00 from $104,660.00 to a new total of $362,872.30.
Any modifications to submittal dates shall be as identified in the attached proposal. This
agreement in no way modifies or changes the original contract of which it becomes a part, except
as specifically stated herein.
NOW, THEREFORE, We, “B/E Electrical Contractor.”, hereby agree to said Supplemental
Agreement consisting of the above mentioned items and prices, and agree that this Supplemental
Agreement is hereby made a part of the original contract to be performed under the
specifications thereof, and that the original contract is in full force and effect, except insofar as it
might be modified by this Supplemental Agreement.
This day of , 2011.
RECOMMEND FOR APPROVAL:
CITY OF AUGUSTA-RICHMOND COUNTY
AUGUSTA, GEORGIA
Honorable Mayor, Deke Copenhaver
Approved: Date Approved: Date
[ATTACHED CORPORATE SEAL]
ATTEST:
Title:
Augusta Richmond County Project Number(s): N/A
Supplemental Agreement Number: 1
Purchase Order Number: P185907
Additional services to install a traffic signal at the intersection of
Jimmie Dyess Parkway and Harper Franklin Avenue
Please do not process this document. Once approved by the Commission the original will be sent to the Clerk of
Commission for execution. For information reference this request, contact Engineering at ext 5070. Thanks
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
3/1/2011 5:00 PM
Option for Right of Way
Department:Law
Caption:Motion to approve an Option for the purposes of acquiring a Right-of-Way
between William C. Howard, as owner, and Augusta, Georgia, as optionee,
in connection with the Traffic Safety Improvements Project, in fee simple,
consisting of (200 sq. ft.) more or less; and (N/A sq. ft.) of permanent
easement, more or less; and (N/A sq. ft.) of temporary
construction easement, private, at the purchase price of $1,000.00.
(Approved by Engineering Services Committee February 21, 2011)
Background:The property owner has agreed to convey a certain right-of-way and
easement to Augusta, Georgia, for the Traffic Safety Improvements Project.
Analysis:The purchase of the referenced property is necessary for the project.
Financial Impact:The costs necessary for this purchase will be covered under the project
budget.
Alternatives:Deny the Motion
Recommendation:Approve the motion
Funds are Available in
the Following
Accounts:
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
3/1/2011 5:00 PM
Minutes
Department:Clerk of Commission
Caption:Motion to approve the minutes of the regular meeting of the Commission
held February 15, 2011 and Special Called Legal Meeting held February 21,
2011.
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
3/1/2011 5:00 PM
2011 Ex-Officio appointments
Department:
Caption:Motion to approve the following Ex-Officio Commission appointments to
various Augusta-Richmond County Boards, Commissions and Authorities:
Commissioners Jerry Brigham, Board of Health, Joe Jackson, Augusta
Aviation, Wayne Guilfoyle, Greater Augusta Arts Council, Matt Aitken,
Planning Commission, Alvin Mason, Library Board, Grady Smith, General
Aviation, Corey Johnson, Board of Education, J.R. Hatney, Family
Connection, Joe Bowles, Richmond County Hospital Authority, Joe
Jackson 9-1-1 Emergency Board, Bill Lockett, Tax Assessors Board, and
Joe Bowles, CSRA Regional Development Authority. (Requested by
Mayor Pro Tem 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 1
Commission Meeting Agenda
3/1/2011 5:00 PM
District 3 Appointment
Department:
Caption:Motion to approve the appointment of James Germany to the Aviation
Authority representing District 3.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Attachment number 1Page 1 of 1
Attachment number 2Page 1 of 1
Commission Meeting Agenda
3/1/2011 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