Loading...
HomeMy WebLinkAbout2012-06-19-Meeting Agenda Commission Meeting Agenda Commission Chamber 6/19/2012 5:00 PM INVOCATION: Rev. Ronald Wright, Pastor, Ebenezer Seventh Day Adventist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. RECOGNITION(S) ACCG - Georgia Trend 2012 Georgia County Excellence Award A. Augusta-Richmond County Community Planning/Visioning Category "Revitalizing Augusta's Laney-Walker Bethlehem" Attachments Five (5) minute time limit per delegation DELEGATIONS B. Mr. Denice Traina. RE: Augusta Public Transit Attachments CONSENT AGENDA (Items 1-24) PLANNING 1. Z-12-40 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Golmar Inc. requesting a change of zoning from Zone R-1A (One-family Residential) to Zone B-1 (Neighborhood Business) affecting property containing .47 acres and known as 236 Camilla Avenue. (Tax Map 016-0-014-00-0) DISTRICT 7 Attachments 2. Z-12-41 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Southern Partners, on behalf of Attachments Porter Fleming, requesting a change of zoning from Zone R-1A (One- family Residential) to Zone R-1D (One-family Residential) on property containing 1.13 acres and known as 2763 Mayo Road. (Tax Map 006-0-010-00-0) DISTRICT 7 3. ZA-R-214 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition to amend the Comprehensive Zoning Ordinance for Augusta Georgia by amending area allowances in Section 28-B-8-B (Signs) Freestanding Signs in Professional, Commercial and Industrial Zones dealing with bonus percentages. Attachments PUBLIC SERVICES 4. Motion to approve New Ownership Application: A. N. 12 - 18: request by Michael Everhart for a retail package Beer license to be used in connection with J & M Enterprises of Augusta LLC DBA Lucky Spot located at 1237 Gordon Hwy. District 1. Super District 9. (Approved by Public Services Committee June 11, 2012) Attachments 5. Motion to approve New Ownership Application: A. N. 12 - 19: request by Brandon M. Summers for an on premise consumption Liquor, Beer & Wine license to be used in connection with O'Charley's located at 276 Robert C. Daniel Parkway. There will be Sunday Sales. District 3. Super District 10. (Approved by Public Services Committee June 11, 2012) Attachments 6. Motion to approve the lease renewal between Augusta and the Georgia State Properties Commission on behalf of the Department of Human Services for the DFACS Building located at 520 Fenwick Street. (Approved by Public Services Committee June 11, 2012) Attachments 7. Motion to approve the Enterprise Rent-A-Car Lease as approved by the Augusta Aviation Commission at their May 31, 2012 meeting. (Approved by Public Services Committee June 11, 2012) Attachments 8. Motion to approve the Hertz Rent-A-Car Lease Agreement as approved by the Augusta Aviation Commission at their May 31, 2012 meeting. (Approved by Public Services Committee June 11, 2012) Attachments 9. Motion to approve holding the fees for this year and have a public hearing to receive public input on the issue relating to amending Augusta-Richmond County Code Section 6-2, Alcoholic Beverages, so as to increase the retail alcohol license fees. (Effective 12/1/2012) (Approved by Public Services Committee June 11, 2012) Attachments 10. Motion to renew the Sec. 5311 Rural Transit grant application between the Georgia Department of Transportation (GDOT) and Augusta, Georgia from July 1, 2012 to June 30, 2013. (Approved by Public Services Committee June 11, 2012) Attachments PUBLIC SAFETY 11. Motion to approve purchase of ESRI Professional Services for the Information Technology Department. (Approved by Public Safety Committee June 11, 2012) Attachments FINANCE 12. Motion to authorize the Finance and Utilities departments to begin the process for refunding the Water and Sewerage Revenue Bonds Series 2002 in the approximate outstanding principal amount of $98,875,000 and the issuance of up to $40,000,000 of additional bonds for new water and sewer projects, all of such bonds to be issued through a competitive bid process with Murray, Barnes, Finister, LLP and McKenna Long & Aldridge, LLP serving as bond and disclosure counsel. (Approved by Finance Committee June 11, 2012) Attachments 13. Motion to approve a request from New Life Community Fellowship Baptist Church for the refunding of 2011 taxes paid by the church in the amount of $1,613.12. (Approved by Finance Committee June 11, 2012) Attachments 14. Motion to approve a request for refund for Bio-Medical App. of Georgia, Inc., 1109 Medical Center Drive, for tax years 2009 ($241.09) and 2010 (230.33), Aco# 65500 and 65501.(Approved by Finance Committee June 11, 2012) Attachments 15. Motion to approve the replacement of two articulated boom arm mowers for Augusta Engineering Department – Maintenance Division. (Approved by Finance Committee June 11, 2012) Attachments ENGINEERING SERVICES 16. Motion to approve recommendation to award contract for RFP 12-128, Janitorial Services for the Enviromental Services Department, to M&M Management Services, Inc. in the amount of $34,488.92. (Approved by Engineering Services Committee June 11, 2012) Attachments 17. Motion to approve entering into an agreement with The Augusta Beautification Program to provide landscape maintenance along Walton Way (SR 4) between 13th Street and 15th Street as requested by AED/Traffic Engineering. (Approved by Engineering Services Committee June 11, 2012) Attachments 18. Motion to approve the deeds of dedication, maintenance agreements, and road resolution submitted by the Engineering and Augusta Utilities Departments for Exchange Lane, and Water and Sewer Installations for Savannah River Banking Company. (Approved by Engineering Services Committee June 11, 2012) Attachments 19. Motion to authorize the Finance and Utilities departments to begin the process for refunding the Water and Sewerage Revenue Bonds Series 2002 in the approximate outstanding principal amount of $98,875,000 and the issuance of up to $40,000,000 of additional bonds for new water and sewer projects, all of such bonds to be issued through a competitive bid process with Murray, Barnes, Finister, LLP and McKenna Long & Aldridge, LLP serving as bond and disclosure counsel. (Approved by Engineering Services Committee June 11, 2012) Attachments 20. Motion to approve entering into a Mowing and Maintenance Agreement as well as an Indemnity Agreement with the Georgia Department of Transportation along Walton Way (SR 4) between 13th Street and 15th Street in conjunction with median landscaping project as requested by AED/TE. (Approved by Engineering Services Committee June 11, Attachments 2012) 21. Motion to approve a proposal in the amount of $203,716.00 from Westin Engineering to update ERP (Emergency Response Plan), COOP (Continuity of Operations Plan) and VA's (Vulnerability Assessments) for the Utilities Department. (Approved by Engineering Services Committee June 11, 2012) Attachments PETITIONS AND COMMUNICATIONS 22. Motion to approve the minutes of the regular meeting of the Commission held June 5, 2012 and Special Called Meeting held June 11, 2012. Attachments 23. Motion to approve the rescheduling of the July 3 Commission meeting to June 28, 2012. Attachments APPOINTMENT(S) 24. Motion to approve the appointment of Ms. Aimee Murphy to Animal Control Board representing District 3. Attachments ****END CONSENT AGENDA**** AUGUSTA COMMISSION 6/19/2012 AUGUSTA COMMISSION REGULAR AGENDA 6/19/2012 (Items 25-32) PLANNING 25. Request to approve the FY 2013 Metropolitan Transportation Planning Services contract between Augusta, Georgia and the Georgia Department of Transportation. Attachments 26. Z-12-38 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the following conditions 1. public sewerage must be extended to site before any development of subdivision occurs; 2. the existing pond must remain in place; 3. no mitigation of the wetlands shall be applied for and all wetlands shall remain intact except for what is necessary to disturb to provide sewer service; 4. and the pond may not be used for stormwater management purposes; a petition by Bluewater Engineering, on behalf of Brannen and Son Inc., requesting a Special Exception in an R-1C (One-family Residential) Zone to establish attached and detached dwellings developed in accordance with Section 13 of the Comprehensive Zoning Ordinance provided that the density of dwellings shall not exceed seven (7) units per acre per Section 11-2(a) of the Comprehensive Zoning Ordinance for Augusta Georgia affecting property containing 4.87 acres and is known under the present numbering system as 3375 and 3377 Beaver Drive. (Tax Parcel 041-2-202-00-0 and 041-2-203-01-0) DISTRICT 3 Attachments 27. Z-12-39 –A request for concurrence with the Augusta Georgia Planning Commission to deny a petition by American Work Inc., on behalf of Bruce and Catherine Hitt, requesting a Special Exception to establish a Family Personal Care Home, per Section 26-1(h) of the Comprehensive Zoning Ordinance for Augusta Georgia affecting property containing approximately .68 acres and known as 4112 Big Oak Drive. (Tax Map 196-0-092-00-0) DISTRICT 8 Attachments 28. Z-12-42 – A request for concurrence with the Augusta Georgia Planning Commission to deny a petition by James B. Trotter, on behalf of L. P. Mays Family Partnership, requesting a change of zoning from A (Agriculture) and B-1 (Neighborhood Business) with stipulations (Z- 02-14) to Zone R-3B (Multiple-family Residential) affecting property containing 16.87 acres and is known as 1213 Augusta West Parkway. (Tax Map 030-0-056-00-0) DISTRICT 3 Attachments PUBLIC SERVICES 29. Motion to approve Choate Construction Change Order #7 - New Fixed Base Operations (FBO) in the amount of $78,492.62 as approved by the Augusta Aviation Commission at their May 31st, 2012 meeting. (No recommendation by Public Services Committee June 11, 2012) Attachments Upcoming Meetings www.augustaga.gov 30. New Ownership Application: A.N. 12-20: A request by Bryan Connor for an on premise consumption Liquor, Beer & Wine license to be used in connection with Helga's Pub & Grill located at 2015 Central Avenue. District 1. Super District 9. (Requested by Commissioner Joe Jackson) Attachments 31. Discuss alternative approaches for discovery and collection of unknown/under reported license revenue. (No recommendation from Finance Committee May 29, 2012 and deferred from the Augusta Commission meeting June 5, 2012) Attachments LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 32. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Commission Meeting Agenda 6/19/2012 5:00 PM Invocation Department: Caption:Rev. Ronald Wright, Pastor, Ebenezer Seventh Day Adventist Church Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 1 Commission Meeting Agenda 6/19/2012 5:00 PM ACCG - Georgia Trend 2012 Georgia County Excellence Award Department: Caption:Augusta-Richmond County Community Planning/Visioning Category "Revitalizing Augusta's Laney-Walker Bethlehem" Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 2 Commission Meeting Agenda 6/19/2012 5:00 PM Denice Traina Department: Caption:Mr. Denice Traina. RE: Augusta Public Transit Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 3 Attachment number 1 \nPage 1 of 1 Item # 3 Commission Meeting Agenda 6/19/2012 5:00 PM Metropolitan Transportation Planning Services Contract Department:Planning and Development Department Caption:Request to approve the FY 2013 Metropolitan Transportation Planning Services contract between Augusta, Georgia and the Georgia Department of Transportation. Background: The Planning and Development Department provides transportation planning services for the Augusta Regional Transportation Study (ARTS). The scope of these services is outlined in the ARTS Unified Planning Work Program and funding for them is subject to renewal each year through a contract with the Georgia Department of Transportation. The contract period coincides with the state fiscal year (July 1 – June 30). Analysis:Approving the contract will insure continued funding for the Augusta Regional Transportation Study activities included in the ARTS Unified Planning Work Program and provided by staff of the Planning & Development Department. Financial Impact:The contract stipulates that the Georgia Department of Transportation will reimburse the city for eighty percent (80%) of the eligible costs incurred for providing regional transportation planning services. The twenty percent (20%) local match is already included in the budget for the Planning and Development Department. Alternatives:None recommended Recommendation:Approve the FY 2013 Metropolitan Transportation Planning Services contract between Augusta, Georgia and the Georgia Department of Transportation Funds are Available Cover Memo Item # 4 in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 4 Attachment number 1 \nPage 1 of 5 Item # 4 Attachment number 1 \nPage 2 of 5 Item # 4 Attachment number 1 \nPage 3 of 5 Item # 4 Attachment number 1 \nPage 4 of 5 Item # 4 Attachment number 1 \nPage 5 of 5 Item # 4 Commission Meeting Agenda 6/19/2012 5:00 PM Z-12-38 Department:Planning Commission Caption: Z-12-38 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the following conditions 1. public sewerage must be extended to site before any development of subdivision occurs; 2. the existing pond must remain in place; 3. no mitigation of the wetlands shall be applied for and all wetlands shall remain intact except for what is necessary to disturb to provide sewer service; 4. and the pond may not be used for stormwater management purposes; a petition by Bluewater Engineering, on behalf of Brannen and Son Inc., requesting a Special Exception in an R-1C (One-family Residential) Zone to establish attached and detached dwellings developed in accordance with Section 13 of the Comprehensive Zoning Ordinance provided that the density of dwellings shall not exceed seven (7) units per acre per Section 11-2(a) of the Comprehensive Zoning Ordinance for Augusta Georgia affecting property containing 4.87 acres and is known under the present numbering system as 3375 and 3377 Beaver Drive. (Tax Parcel 041-2-202-00-0 and 041-2-203-01-0) DISTRICT 3 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: Cover Memo Item # 5 REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 5 Commission Meeting Agenda 6/19/2012 5:00 PM Z-12-39 Department:Planning Commission Caption: Z-12-39 –A request for concurrence with the Augusta Georgia Planning Commission to deny a petition by American Work Inc., on behalf of Bruce and Catherine Hitt, requesting a Special Exception to establish a Family Personal Care Home, per Section 26-1(h) of the Comprehensive Zoning Ordinance for Augusta Georgia affecting property containing approximately .68 acres and known as 4112 Big Oak Drive. (Tax Map 196-0-092- 00-0) DISTRICT 8 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 6 Commission Meeting Agenda 6/19/2012 5:00 PM Z-12-40 Department:Planning Commission Caption: Z-12-40 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Golmar Inc. requesting a change of zoning from Zone R-1A (One-family Residential) to Zone B-1 (Neighborhood Business) affecting property containing .47 acres and known as 236 Camilla Avenue. (Tax Map 016-0-014-00-0) DISTRICT 7 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 7 Commission Meeting Agenda 6/19/2012 5:00 PM Z-12-41 Department:Planning Commission Caption: Z-12-41 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Southern Partners, on behalf of Porter Fleming, requesting a change of zoning from Zone R-1A (One-family Residential) to Zone R-1D (One- family Residential) on property containing 1.13 acres and known as 2763 Mayo Road. (Tax Map 006-0-010-00-0) DISTRICT 7 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 8 Commission Meeting Agenda 6/19/2012 5:00 PM Z-12-42 Department:Planning Commission Caption: Z-12-42 – A request for concurrence with the Augusta Georgia Planning Commission to deny a petition by James B. Trotter, on behalf of L. P. Mays Family Partnership, requesting a change of zoning from A (Agriculture) and B-1 (Neighborhood Business) with stipulations (Z-02-14) to Zone R-3B (Multiple-family Residential) affecting property containing 16.87 acres and is known as 1213 Augusta West Parkway. (Tax Map 030-0-056- 00-0) DISTRICT 3 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 9 Attachment number 1 \nPage 1 of 43 Item # 9 Attachment number 1 \nPage 2 of 43 Item # 9 Attachment number 1 \nPage 3 of 43 Item # 9 Attachment number 1 \nPage 4 of 43 Item # 9 Attachment number 1 \nPage 5 of 43 Item # 9 Attachment number 1 \nPage 6 of 43 Item # 9 Attachment number 1 \nPage 7 of 43 Item # 9 Attachment number 1 \nPage 8 of 43 Item # 9 Attachment number 1 \nPage 9 of 43 Item # 9 Attachment number 1 \nPage 10 of 43 Item # 9 Attachment number 1 \nPage 11 of 43 Item # 9 Attachment number 1 \nPage 12 of 43 Item # 9 Attachment number 1 \nPage 13 of 43 Item # 9 Attachment number 1 \nPage 14 of 43 Item # 9 Attachment number 1 \nPage 15 of 43 Item # 9 Attachment number 1 \nPage 16 of 43 Item # 9 Attachment number 1 \nPage 17 of 43 Item # 9 Attachment number 1 \nPage 18 of 43 Item # 9 Attachment number 1 \nPage 19 of 43 Item # 9 Attachment number 1 \nPage 20 of 43 Item # 9 Attachment number 1 \nPage 21 of 43 Item # 9 Attachment number 1 \nPage 22 of 43 Item # 9 Attachment number 1 \nPage 23 of 43 Item # 9 Attachment number 1 \nPage 24 of 43 Item # 9 Attachment number 1 \nPage 25 of 43 Item # 9 Attachment number 1 \nPage 26 of 43 Item # 9 Attachment number 1 \nPage 27 of 43 Item # 9 Attachment number 1 \nPage 28 of 43 Item # 9 Attachment number 1 \nPage 29 of 43 Item # 9 Attachment number 1 \nPage 30 of 43 Item # 9 Attachment number 1 \nPage 31 of 43 Item # 9 Attachment number 1 \nPage 32 of 43 Item # 9 Attachment number 1 \nPage 33 of 43 Item # 9 Attachment number 1 \nPage 34 of 43 Item # 9 Attachment number 1 \nPage 35 of 43 Item # 9 Attachment number 1 \nPage 36 of 43 Item # 9 Attachment number 1 \nPage 37 of 43 Item # 9 Attachment number 1 \nPage 38 of 43 Item # 9 Attachment number 1 \nPage 39 of 43 Item # 9 Attachment number 1 \nPage 40 of 43 Item # 9 Attachment number 1 \nPage 41 of 43 Item # 9 Attachment number 1 \nPage 42 of 43 Item # 9 Attachment number 1 \nPage 43 of 43 Item # 9 Commission Meeting Agenda 6/19/2012 5:00 PM ZA-R-214 Department:Planning Commission Caption: ZA-R-214 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition to amend the Comprehensive Zoning Ordinance for Augusta Georgia by amending area allowances in Section 28-B-8-B (Signs) Freestanding Signs in Professional, Commercial and Industrial Zones dealing with bonus percentages. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 10 ORDINANCE ______ An Ordinance to amend the Comprehensive Zoning Ordinance adopted by the Augusta, Georgia Commission effective September 16, 1997 by amending Section 28-B ( Signs) THE AUGUSTA COMMISSION HEREBY ORDAINS: SECTIO I. That the Comprehensive Zoning Ordinance is amended by amending the following in Section 28-B-8-B - Signs B. Sign Surface Area. The maximum freestanding sign surface area in the P-1 zone is 24 square feet. Signs in the P-1 Zone shall be non-illuminated and shall not be located within 20 feet of a single-family residential zone nor within 25 feet of the intersection of the right-of-way lines of intersecting streets. In B-1 zones, the maximum sign surface area is 100 square feet unless the sign location would be within 100 feet of a single-family residence or single-family residential zone in which case the maximum sign surface area shall be 50 square feet. In the Planned Development Riverfront Zone (PDR) or National Register or locally designated historic districts (Title 7, Chapter 4 of the Augusta, Georgia Code), the maximum sign surface area shall be 35 feet in a B-1 zone. Signs other than billboards that are located in B-2, LI, or HI zones, the maximum sign surface area is 200 square feet. If the sign location would be located within 100 feet of a single-family residence or single-family residential zone, or within the Planned Development Riverfront Zone (PDR), or the sign would be located in a national register or locally designated historic district (Title 7, Chapter 4 of the Augusta, Georgia Code), the sign surface area is limited to a maximum of 50 square feet. Freestanding signs may be either monument (completely enclosed base) or pylon (pole) supported. There shall be no limitation on the size of a simple pole or beam support system. For a monument sign, the supporting structure of the sign shall not be included in calculating the area of the sign permitted by this Ordinance; provided, however, that the supporting structure shall not exceed 50% of the total combined area of the sign and supporting structure. To encourage design excellence and enhance the aesthetic quality of development, the minimum freestanding sign surface area set forth above may be increased in all cases as provided herein. A separate bonus may be granted for each of the criteria, but in no case may the total bonus exceed 70%. Bonus provisions shall not apply to billboards or signs that are located within the Planned Development Riverfront Zone (PDR) or in National Register or locally designated historic districts (Title 7, Chapter 4 of the Augusta, Georgia Code). Attachment number 1 \nPage 1 of 4 Item # 10 1) 10% bonus when the sign is constructed of solid wood and the design is compatible with the style, texture, and color scheme of the structure(s) on the site; 2) 10% bonus when an area around the base of the sign is at least 4 times the area of the sign surface and the area around the base of the sign is covered by a landscaped planter; 3) 10% bonus if the sign is unlighted; 4) 45% bonus where a proposed sign would replace an existing sign that is 100% larger than the current Ordinance would permit, where the proposed sign location would not be within 100 feet of a single family residence or zone, and where the proposed sign would be the only freestanding sign on the property; 5) 45% bonus if the lot qualifies for more than 1 freestanding sign but only 1 sign is erected, if the proposed sign location would not be within 100 feet of a single family residence or zone; 6) 25% bonus if the proposed sign location is more than 100 feet from any existing or proposed public street or highway right-of-way, the proposed sign is the only freestanding sign on the property, and the proposed sign location would not be within 100 feet of a single family residence or zone. SECTIO II. That the Comprehensive Zoning Ordinance is amended by substituting the following in Section 28-B-8-B - Signs B. Sign Surface Area. The maximum freestanding sign surface area in the P-1 zone is 24 square feet. Signs in the P-1 Zone shall be non-illuminated and shall not be located within 20 feet of a single-family residential zone nor within 25 feet of the intersection of the right-of-way lines of intersecting streets. In B-1 zones, the maximum sign surface area is 100 square feet unless the sign location would be within 100 feet of a single-family residence or single-family residential zone in which case the maximum sign surface area shall be 50 square feet. In the Planned Development Riverfront Zone (PDR) or National Register or locally designated historic districts (Title 7, Chapter 4 of the Augusta, Georgia Code), the maximum sign surface area shall be 35 feet in a B-1 zone. Signs other than billboards that are located in B-2, LI, or HI zones, the maximum sign surface area is 200 square feet. If the sign location would be located within 100 feet of a single-family residence or single-family residential zone, or within the Planned Development Riverfront Zone (PDR), or the sign would be located in a national register or locally designated historic district (Title 7, Chapter 4 of the Augusta, Georgia Code), the sign surface area is limited to a maximum of 50 square feet. Freestanding signs may be either monument (completely enclosed base) or pylon (pole) supported. There shall be no limitation on the size of a simple pole or beam support system. For a monument sign, the supporting structure of the sign shall not be included in calculating the area of the sign permitted by this Attachment number 1 \nPage 2 of 4 Item # 10 Ordinance; provided, however, that the supporting structure shall not exceed 50% of the total combined area of the sign and supporting structure. To encourage design excellence and enhance the aesthetic quality of development, the minimum freestanding sign surface area set forth above may be increased in all cases as provided herein. A separate bonus may be granted for each of the criteria, but in no case may the total bonus exceed 45%. Bonus provisions shall not apply to billboards or signs that are located within the Planned Development Riverfront Zone (PDR) or in National Register or locally designated historic districts (Title 7, Chapter 4 of the Augusta, Georgia Code). 1) 10% bonus when the sign is constructed of solid wood and the design is compatible with the style, texture, and color scheme of the structure(s) on the site; 2) 10% bonus when an area around the base of the sign is at least 4 times the area of the sign surface and the area around the base of the sign is covered by a landscaped planter; 3) 10% bonus if the sign is unlighted; 4) 25% bonus where a proposed sign would replace an existing sign that is 100% larger than the current Ordinance would permit, where the proposed sign location would not be within 100 feet of a single family residence or zone, and where the proposed sign would be the only freestanding sign on the property; 5) 25% bonus if the lot qualifies for more than 1 freestanding sign but only 1 sign is erected, if the proposed sign location would not be within 100 feet of a single family residence or zone; 6) 25% bonus if the proposed sign location is more than 100 feet from any existing or proposed public street or highway right-of-way, the proposed sign is the only freestanding sign on the property, and the proposed sign location would not be within 100 feet of a single family residence or zone. SECTIO III . All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. Duly adopted by the Augusta, Georgia Commission this ______ day of __________________, 2012. __________________________________________ MAYOR, AUGUSTA COMMISSION AUGUSTA, GEORGIA ATTEST: ________________________________________ LENA BONNER, CLERK Attachment number 1 \nPage 3 of 4 Item # 10 First Reading: ____________________________ Second Reading: __________________________ Attachment number 1 \nPage 4 of 4 Item # 10 Commission Meeting Agenda 6/19/2012 5:00 PM Alcohol Application Department:Planning & Development Caption:Motion to approve New Ownership Application: A. N. 12 - 18: request by Michael Everhart for a retail package Beer license to be used in connection with J & M Enterprises of Augusta LLC DBA Lucky Spot located at 1237 Gordon Hwy. District 1. Super District 9. (Approved by Public Services Committee June 11, 2012) Background:This is a new ownership application. Formerly in the name of Harshad Parmar. Analysis:The applicant meets the requirements of the City of Augusta Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $665.00. Alternatives: Recommendation:Planning & Development recommends approval. The RCSO recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 11 Attachment number 1 \nPage 1 of 2 Item # 11 Attachment number 1 \nPage 2 of 2 Item # 11 Commission Meeting Agenda 6/19/2012 5:00 PM Alcohol Application Department:Planning & Development Caption:Motion to approve New Ownership Application: A. N. 12 - 19: request by Brandon M. Summers for an on premise consumption Liquor, Beer & Wine license to be used in connection with O'Charley's located at 276 Robert C. Daniel Parkway. There will be Sunday Sales. District 3. Super District 10. (Approved by Public Services Committee June 11, 2012) Background:This is a new ownership application. Formerly in the name of Karen Hickman. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $5,830.00. Alternatives: Recommendation:Planning & Development recommends approval. The RCSO recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 12 Attachment number 1 \nPage 1 of 2 Item # 12 Attachment number 1 \nPage 2 of 2 Item # 12 Commission Meeting Agenda 6/19/2012 5:00 PM Choate Construction Change Order #7 Department:Augusta Regional Airport Caption:Motion to approve Choate Construction Change Order #7 - New Fixed Base Operations (FBO) in the amount of $78,492.62 as approved by the Augusta Aviation Commission at their May 31st, 2012 meeting. (No recommendation by Public Services Committee June 11, 2012) Background:The Augusta Commission through the Augusta Aviation Commission awarded a contract to Choate Construction Company on June 30, 2011 for the construction of the new Fixed Base Operation (FBO) building at the Augusta Regional Airport. The original contract was for $5,045,461.00. Analysis:Contract Modification #7 is a request for Choate to make revisions in the following areas: • Building Interior Finishes $13,152.16 • Building Exterior $12,600.57 • IT Additions $21,959.44 • Parking Lot Area $40,410.44 • Credits & No-Cost Proposals ($9,630.00) TOTAL $78,492.61 Below is a change order log for the Choate FBO contract project that details CM #7. Original Contract $5,045,461.00 Previous Contract Modifications $131,211.56 This Contract Modification $78,492.61 Revised Contract Total $5,255,165.17 Financial Impact:The original project budget included $100,000.00 in owner contingency for a total project budget of $5,145,461.00. Due to the modifications, the project budget is exceeded by $109,704.17 (2.1%). Alternatives:Deny request. Recommendation:Approve Choate Construction Change Order #7 for construction of the new FBO in the amount of $78,492.62. Funds are Available in the Following 551-08-1206/54-13130 Cover Memo Item # 13 Accounts: REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 13 Contract Modification #7 Airport: Augusta Regional Airport Date Initiated: 17 May 12 Owner: City of Augusta Project: New FBO Terminal Contractor: Choate Construction Company Project Number: 0733-17 The contractor is requested to perform the following work described upon receipt of an approved copy of this document or as directed by the engineer. Item # Choate Contract Mod #Description Unit Quantity Line Item Price 1 27 Irrigation Sleeves LS 1 $0.00 2 29 Acoustical Ceiling Change LS 1 $7,321.23 3 32 Exterior Soffit Revisions LS 1 $3,746.82 4 33 Roof Expansion Joint LS 1 $847.18 5 34 Light Fixture Allowance Reconciliation LS 1 $2,626.25 6 35 Light Fixture Revisions LS 1 $1,775.22 7 36 Delete Temp/Permanent Power Budget LS 1 ($9,630.00) 8 37 Additional Concrete Apron LS 1 $5,737.55 9 38 Pole Base Revisions LS 1 $7,079.08 10 39 Floor Leveling at Rooms #119 and #120 LS 1 $0.00 11 42 IT Room HVAC LS 1 $0.00 12 43 Relocate Access Control Panel LS 1 $5,053.58 13 44 IT Room Electrical Addition LS 1 $3,189.21 14 47 Conduit from HH7 to HH-C2 LS 1 $9,823.61 15 50 Gate “N” Revision LS 1 $4,783.84 16 51 Canopy Drop Off Island LS 1 $3,222.73 17 52 IT Room Cabinets and Accessories LS 1 $3,893.04 18 53 Landscaping and Irrigation LS 1 $26,119.00 19 55 Granite at Fireplace Hearth LS 1 $1,429.46 20 57 Yard Drain at SW Corner of Building LS 1 $1,474.81 $78,492.61 Total Contract Amount Original Contract Total $5,045,461.00 Previous Contract Modification Total (CM #1 -6)$131,211.56 This Contract Modification Total (CM #7)$78,492.61 Revised Contract Total $5,255,165.17 Attachment number 1 \nPage 1 of 5 Item # 13 Total Contract Time Original Contract Time 250 calendar days Changes to Contract Time from Previous Contract Modifications 2 calendar days Changes to Contract Time from This Contract Modification 0 calendar days Revised Contract Time Total 252 calendar days This document shall become an amendment to the contract and all provisions of the contract will apply. Justification for Change Brief description of the proposed contract changes and locations: Brief description of the proposed contract changes and locations: 1.Irrigation Sleeves.This COP is to provide sleeves required for irrigation lines to be installed under pavement. The cost to install the sleeves is associated with the irrigation and landscape budget. Therefore, there are no separate costs associated with this item. Refer to Choate Change Order Proposal #27. 2.Acoustical Ceiling Change.As a result to the submittal associated with the acoustical ceiling tile (ACT), it was determined the quantities of the three (3) types of ACT did not match the intent of the ACT layout. The type of the ACT listed in the plans was not correct. This COP ensures the quantity of the ACT iscorrect, and increases the contract amount by $7,321.23.Refer to ChoateChange Order Proposal #29. 3.Exterior Soffit Revisions.As a result to the revised architectural drawings A5.0, A5.1 and A6.6R, additional framing at the soffits of the line room andcupolais required. This COP also accounts for the incorporation of vented soffitmaterials per the architect.This COP is an increase to the contract amount by $3,746.82. Refer to Choate Change Order Proposal # 32. 4.Roof Expansion Joint.This COP is associated with RFI #41 and includes the addition of roof expansion joints.This COP is an increase to the contract amountby $847.18. Refer to Choate Change Order Proposal # 33. 5.Light Fixture Allowance Reconciliation.This COP reconciles the actual costs of the light fixtures against the light fixture allowance. In addition, this COP includes the cost to install four (4) additional Type M fixtures which requiresadditional power circuits. This COP is an increase to the contract amount by $2,626.25. Refer to Choate Change Order Proposal # 34. 6.Light Fixture Revisions.This COP includes additional light fixtures that were not previously included in the office or fireplace additions.This COP is an Attachment number 1 \nPage 2 of 5 Item # 13 increase to the contract amount by $1,775.22. Refer to Choate Change Order Proposal # 35. 7.Delete Temp/Permanent Power Budget.Choate offered to credit the budgetamount associated with the temporary and permanent power associated with the FBO.This COP is a credit to the contract amount by $9,630.00. Refer to Choate Change Order Proposal # 36. 8.Additional Concrete Apron.Originally, the plans called for a landscaped areaon the apron side of the FBO. It was felt the vegetation could have created a FOD issue. Therefore, the landscape area was removed and concrete was placed instead of the vegetation.This COP is an addition to the contract amount by $5,737.55. Refer to Choate Change Order Proposal # 37. 9.Pole Base Revisions.This COP is associated with the base/foundation associated with the 53’ light poles that illuminate the apron area. The architectural plans did not include a pole base/foundation for this specific pole. However, the contractor utilized the pole base/foundation for the parking lot lights, which was determined to be undersized for the 53’ pole. A design wasperformed for the 53’ pole base/foundation, which increased the diameter of the base/foundation. This COP is an addition to the contract amount by $7,079.08. Refer to Choate Change Order Proposal # 38. 10.Floor Leveling at Rooms at Rooms #119 and #120.A COP request to levelthese rooms was made. However, an alternative was determined to accomplishthe concerns at no cost to the client. This COP does not increase the contract amount. Refer to Choate Change Order Proposal # 39. 11.IT Room HVAC.This COP does not increase the contract amount. Refer toChoate Change Order Proposal #42. 12.Relocate Access Control Panel.A revision to the plans was made to relocate the access control panel in the IT Room. However, the panel and wiring was installed as originally shown in the plans. This COP reflects relocating the panel and wiring to the IT Room as requested by IT Department. This COP is anadditionto the contract amount by $5,053.58. Refer to Choate Change Order Proposal #43. 13.IT Room Electrical Addition.This COP is associated with the revisions made to the IT Room. This includes additional power and date circuits as requested byIT Department. This COP is an addition to the contract amount by $3,189.21. Refer to Choate Change Order Proposal #44. 14.Conduit from HH7 to HH-C2.This work is associated with the rerouting of the COMCAST service which feeds the terminal building, new FBI and the buildings Attachment number 1 \nPage 3 of 5 Item # 13 south the new FBO. This COP is an addition to the contract amount by $9,823.61. Refer to Choate Change Order Proposal #47. 15.Gate “N” Revision. The original plans required a chain link gate be used atGate “N”. However, it was noted the gate needed to be similar to the ornamental fence type on the observation brick wall. This COP is an addition to the contract amount by $4,783.84. Refer to Choate Change Order Proposal #50. 16.Canopy Drop Off Island.This COP includes a sidewalk area around thecanopy columns as a precautionary measure to protect the columns from damage from vehicles. This COP is an addition to the contract amount by $3,222.73. Refer to Choate Change Order Proposal #51. 17.IT Room Cabinets and Accessories.This COP is associated with a changerequired by IT Department to meet their requirements for cabinets used in the IT Room. The originally proposed cabinet was not of sufficient dimensions. This COP is an addition to the contract amount by $3,893.04. Refer to Choate Change Order Proposal #52. 18.Landscaping and Irrigation.This COP is associated with the required landscaping in the parking lot, as well as the irrigation required to assure the growth of the vegetation. This COP is an addition to the contract amount by $26,119.00. Refer to Choate Change Order Proposal #53. 19.Granite at Fireplace Hearth.This COP is associated with a change in thematerial of the fireplace hearth. It was highly recommended to use a granite material as opposed to corian due to the heat from the fireplace.This COP is an addition to the contract amount by $1,428.46. Refer to Choate Change Order Proposal #55. 20.Yard Drain at SW Corner of Building.This COP proposes to install a yard drain in area that potential could hold water near the southwest corner of the new FBO building. This COP is an addition to the contract amount by $1,474.81. Refer to Choate Change Order Proposal #57. C&PE Project #: 0733-18 Contract Modification #7 Recommended by:___________________________________Campbell & Paris Engineers May 17,2012Date Accepted by:_______________________________________________ Attachment number 1 \nPage 4 of 5 Item # 13 Choate Construction Company Date Approved by:___________________________________ Augusta Regional Airport ____________ Date Approved by:_____________________________________ City of Augusta _____________ Date Submit 4 original copies to the City of Augusta. Attachment number 1 \nPage 5 of 5 Item # 13 Commission Meeting Agenda 6/19/2012 5:00 PM DFACS Lease Renewal Department:Recreation, Parks and Facilities Caption:Motion to approve the lease renewal between Augusta and the Georgia State Properties Commission on behalf of the Department of Human Services for the DFACS Building located at 520 Fenwick Street. (Approved by Public Services Committee June 11, 2012) Background:In late 2011, the Commission approved a lease agreement between Augusta and the Georgia State Properties Commission, on behalf of the Department of Human Services, to lease Augusta property located at 520 Fenwick Street. This building houses the local offices for the Division of Family and Children’s Services. The State fiscal year runs from July 1 through June 30 and they prefer that their leases run concurrent with their fiscal year. Analysis:This renewal is in accordance with the agreed terms and conditions. Financial Impact:Monthly rental payments to Augusta are $53,333.34 and are reserved to offset the cost of maintaining and operating the facility. Alternatives:1. Receive as information the lease renewal between Augusta and the Georgia State Properties Commission on behalf of the Department of Human Services for the DFACS Building located at 520 Fenwick Street. 2. Do not receive as information. Recommendation:#1. Receive as information the lease renewal between Augusta and the Georgia State Properties Commission on behalf of the Department of Human Services for the DFACS Building located at 520 Fenwick Street. Funds are Available in the Following Accounts: No funding is required. Cover Memo Item # 14 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 14 Attachment number 1 \nPage 1 of 2 Item # 14 Attachment number 1 \nPage 2 of 2 Item # 14 Commission Meeting Agenda 6/19/2012 5:00 PM Enterprise Rent-A-Car Department:Augusta Regional Airport Caption:Motion to approve the Enterprise Rent-A-Car Lease as approved by the Augusta Aviation Commission at their May 31, 2012 meeting. (Approved by Public Services Committee June 11, 2012) Background:Since construction of terminal building the airport has been operating under a temporary agreement with current rental car agencies. Staff has consulted with rental car agency representatives regarding updating of rental agreements and Enterprise Rental Car has returned signed agreement for approval. Analysis:Airport staff has updated the rental car agreements which will allow Enterprise Leasing Company, LLC d/b/a Enterprise Rent-A- Car to operate on site at the airport. Once the three year agreement expires it is the desire of airport staff to competitively bid the counter and office space, and the ready return spaces.Once the three year agreement expires it is the desire of airport staff to competitively bid the counter and office space, and the ready return spaces. Financial Impact:The three year agreement with Enterprise Rental Car will generate the following revenue streams for the airport: 1. Commission on rental car gross revenue–$5,000 or 10% whichever is greater on a monthly basis. 2. Counter Space Terminal Area–$13,300.00/year or $1,108.33/month or $35/sqft on 380 sqft. 3. Ready Return Area – $270/mo for 26 spaces or $15/space and $150 Overflow. 4. Car Wash Facilities - $175 per month. Alternatives:Deny request. Recommendation:Approve the three year Enterprise Rent-A-Car Lease. Funds are Available 551-08-1101/34-92403 (Commission) 551-08-1101/34-92404 Cover Memo Item # 15 in the Following Accounts: (Ready Return Space and Overflow) 551-08-1101/34-92408 (Counter Space Terminal Area) 551-08-1101/34-92405(Service Area Rent) REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 15 At t a c h m e n t n u m b e r 1 \ n P a g e 1 o f 4 5 It e m # 1 5 At t a c h m e n t n u m b e r 1 \ n P a g e 2 o f 4 5 It e m # 1 5 At t a c h m e n t n u m b e r 1 \ n P a g e 3 o f 4 5 It e m # 1 5 At t a c h m e n t n u m b e r 1 \ n P a g e 4 o f 4 5 It e m # 1 5 At t a c h m e n t n u m b e r 1 \ n P a g e 5 o f 4 5 It e m # 1 5 At t a c h m e n t n u m b e r 1 \ n P a g e 6 o f 4 5 It e m # 1 5 At t a c h m e n t n u m b e r 1 \ n P a g e 7 o f 4 5 It e m # 1 5 At t a c h m e n t n u m b e r 1 \ n P a g e 8 o f 4 5 It e m # 1 5 At t a c h m e n t n u m b e r 1 \ n P a g e 9 o f 4 5 It e m # 1 5 At t a c h m e n t n u m b e r 1 \ n P a g e 1 0 o f 4 5 It e m # 1 5 At t a c h m e n t n u m b e r 1 \ n P a g e 1 1 o f 4 5 It e m # 1 5 At t a c h m e n t n u m b e r 1 \ n P a g e 1 2 o f 4 5 It e m # 1 5 At t a c h m e n t n u m b e r 1 \ n P a g e 1 3 o f 4 5 It e m # 1 5 At t a c h m e n t n u m b e r 1 \ n P a g e 1 4 o f 4 5 It e m # 1 5 At t a c h m e n t n u m b e r 1 \ n P a g e 1 5 o f 4 5 It e m # 1 5 At t a c h m e n t n u m b e r 1 \ n P a g e 1 6 o f 4 5 It e m # 1 5 At t a c h m e n t n u m b e r 1 \ n P a g e 1 7 o f 4 5 It e m # 1 5 At t a c h m e n t n u m b e r 1 \ n P a g e 1 8 o f 4 5 It e m # 1 5 At t a c h m e n t n u m b e r 1 \ n P a g e 1 9 o f 4 5 It e m # 1 5 At t a c h m e n t n u m b e r 1 \ n P a g e 2 0 o f 4 5 It e m # 1 5 At t a c h m e n t n u m b e r 1 \ n P a g e 2 1 o f 4 5 It e m # 1 5 At t a c h m e n t n u m b e r 1 \ n P a g e 2 2 o f 4 5 It e m # 1 5 At t a c h m e n t n u m b e r 1 \ n P a g e 2 3 o f 4 5 It e m # 1 5 At t a c h m e n t n u m b e r 1 \ n P a g e 2 4 o f 4 5 It e m # 1 5 At t a c h m e n t n u m b e r 1 \ n P a g e 2 5 o f 4 5 It e m # 1 5 At t a c h m e n t n u m b e r 1 \ n P a g e 2 6 o f 4 5 It e m # 1 5 At t a c h m e n t n u m b e r 1 \ n P a g e 2 7 o f 4 5 It e m # 1 5 At t a c h m e n t n u m b e r 1 \ n P a g e 2 8 o f 4 5 It e m # 1 5 At t a c h m e n t n u m b e r 1 \ n P a g e 2 9 o f 4 5 It e m # 1 5 At t a c h m e n t n u m b e r 1 \ n P a g e 3 0 o f 4 5 It e m # 1 5 At t a c h m e n t n u m b e r 1 \ n P a g e 3 1 o f 4 5 It e m # 1 5 At t a c h m e n t n u m b e r 1 \ n P a g e 3 2 o f 4 5 It e m # 1 5 At t a c h m e n t n u m b e r 1 \ n P a g e 3 3 o f 4 5 It e m # 1 5 At t a c h m e n t n u m b e r 1 \ n P a g e 3 4 o f 4 5 It e m # 1 5 At t a c h m e n t n u m b e r 1 \ n P a g e 3 5 o f 4 5 It e m # 1 5 At t a c h m e n t n u m b e r 1 \ n P a g e 3 6 o f 4 5 It e m # 1 5 At t a c h m e n t n u m b e r 1 \ n P a g e 3 7 o f 4 5 It e m # 1 5 At t a c h m e n t n u m b e r 1 \ n P a g e 3 8 o f 4 5 It e m # 1 5 At t a c h m e n t n u m b e r 1 \ n P a g e 3 9 o f 4 5 It e m # 1 5 At t a c h m e n t n u m b e r 1 \ n P a g e 4 0 o f 4 5 It e m # 1 5 At t a c h m e n t n u m b e r 1 \ n P a g e 4 1 o f 4 5 It e m # 1 5 At t a c h m e n t n u m b e r 1 \ n P a g e 4 2 o f 4 5 It e m # 1 5 At t a c h m e n t n u m b e r 1 \ n P a g e 4 3 o f 4 5 It e m # 1 5 At t a c h m e n t n u m b e r 1 \ n P a g e 4 4 o f 4 5 It e m # 1 5 At t a c h m e n t n u m b e r 1 \ n P a g e 4 5 o f 4 5 It e m # 1 5 Commission Meeting Agenda 6/19/2012 5:00 PM Helga's Pub & Grill Department: Caption:New Ownership Application: A.N. 12-20: A request by Bryan Connor for an on premise consumption Liquor, Beer & Wine license to be used in connection with Helga's Pub & Grill located at 2015 Central Avenue. District 1. Super District 9. (Requested by Commissioner Joe Jackson) Background:This is a new ownership application, formerly in the name of David Greenfield. Analysis:The applicant meets the requirements of the City of Augusta Alcohol Ordinance Financial Impact:$4,365.00 Alternatives:N/A Recommendation:The Planning & Development Department recommends approval. THE RCSO recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 16 Commission Meeting Agenda 6/19/2012 5:00 PM Hertz Rental Car Lease Agreement Department:Augusta Regional Airport Caption:Motion to approve the Hertz Rent-A-Car Lease Agreement as approved by the Augusta Aviation Commission at their May 31, 2012 meeting. (Approved by Public Services Committee June 11, 2012) Background:Since construction of terminal building the airport has been operating under a temporary agreement with current rental car agencies. Staff has consulted with rental car agency representatives regarding updating of rental agreements and Hertz Rental Car has returned signed agreement for approval. Analysis:Airport staff has updated the rental car agreements which will allow Hertz Global Holdings, Inc. d/b/a Hertz Rent-A-Car to operate on site at the airport. Once the three year agreement expires it is the desire of airport staff to competitively bid the counter and office space, and the ready return spaces. Financial Impact:The three year agreement with Hertz Rental Car will generate the following revenue streams for the airport: 1. Commission on rental car gross revenue – $5,000 or 10% whichever is greater on a monthly basis. 2. Counter Space Terminal Area – $14,070.00/year or $1,172.50/month or $35/sqft on 402 sqft. 3. Ready Return Area – $390/mo for 26 spaces or $15/space. Alternatives:Deny request. Recommendation:Approve the three contract with Hertz-Rent-A Car Agency. Funds are Available in the Following Accounts: 551-08-1101/34-92403 (Commission) 551-08-1101/34-92404 (Ready Return Space) 551-08-1101/34-92408 (Counter Space Terminal Area) REVIEWED AND APPROVED BY: Cover Memo Item # 17 Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 17 At t a c h m e n t n u m b e r 1 \ n P a g e 1 o f 4 4 It e m # 1 7 At t a c h m e n t n u m b e r 1 \ n P a g e 2 o f 4 4 It e m # 1 7 At t a c h m e n t n u m b e r 1 \ n P a g e 3 o f 4 4 It e m # 1 7 At t a c h m e n t n u m b e r 1 \ n P a g e 4 o f 4 4 It e m # 1 7 At t a c h m e n t n u m b e r 1 \ n P a g e 5 o f 4 4 It e m # 1 7 At t a c h m e n t n u m b e r 1 \ n P a g e 6 o f 4 4 It e m # 1 7 At t a c h m e n t n u m b e r 1 \ n P a g e 7 o f 4 4 It e m # 1 7 At t a c h m e n t n u m b e r 1 \ n P a g e 8 o f 4 4 It e m # 1 7 At t a c h m e n t n u m b e r 1 \ n P a g e 9 o f 4 4 It e m # 1 7 At t a c h m e n t n u m b e r 1 \ n P a g e 1 0 o f 4 4 It e m # 1 7 At t a c h m e n t n u m b e r 1 \ n P a g e 1 1 o f 4 4 It e m # 1 7 At t a c h m e n t n u m b e r 1 \ n P a g e 1 2 o f 4 4 It e m # 1 7 At t a c h m e n t n u m b e r 1 \ n P a g e 1 3 o f 4 4 It e m # 1 7 At t a c h m e n t n u m b e r 1 \ n P a g e 1 4 o f 4 4 It e m # 1 7 At t a c h m e n t n u m b e r 1 \ n P a g e 1 5 o f 4 4 It e m # 1 7 At t a c h m e n t n u m b e r 1 \ n P a g e 1 6 o f 4 4 It e m # 1 7 At t a c h m e n t n u m b e r 1 \ n P a g e 1 7 o f 4 4 It e m # 1 7 At t a c h m e n t n u m b e r 1 \ n P a g e 1 8 o f 4 4 It e m # 1 7 At t a c h m e n t n u m b e r 1 \ n P a g e 1 9 o f 4 4 It e m # 1 7 At t a c h m e n t n u m b e r 1 \ n P a g e 2 0 o f 4 4 It e m # 1 7 At t a c h m e n t n u m b e r 1 \ n P a g e 2 1 o f 4 4 It e m # 1 7 At t a c h m e n t n u m b e r 1 \ n P a g e 2 2 o f 4 4 It e m # 1 7 At t a c h m e n t n u m b e r 1 \ n P a g e 2 3 o f 4 4 It e m # 1 7 At t a c h m e n t n u m b e r 1 \ n P a g e 2 4 o f 4 4 It e m # 1 7 At t a c h m e n t n u m b e r 1 \ n P a g e 2 5 o f 4 4 It e m # 1 7 At t a c h m e n t n u m b e r 1 \ n P a g e 2 6 o f 4 4 It e m # 1 7 At t a c h m e n t n u m b e r 1 \ n P a g e 2 7 o f 4 4 It e m # 1 7 At t a c h m e n t n u m b e r 1 \ n P a g e 2 8 o f 4 4 It e m # 1 7 At t a c h m e n t n u m b e r 1 \ n P a g e 2 9 o f 4 4 It e m # 1 7 At t a c h m e n t n u m b e r 1 \ n P a g e 3 0 o f 4 4 It e m # 1 7 At t a c h m e n t n u m b e r 1 \ n P a g e 3 1 o f 4 4 It e m # 1 7 At t a c h m e n t n u m b e r 1 \ n P a g e 3 2 o f 4 4 It e m # 1 7 At t a c h m e n t n u m b e r 1 \ n P a g e 3 3 o f 4 4 It e m # 1 7 At t a c h m e n t n u m b e r 1 \ n P a g e 3 4 o f 4 4 It e m # 1 7 At t a c h m e n t n u m b e r 1 \ n P a g e 3 5 o f 4 4 It e m # 1 7 At t a c h m e n t n u m b e r 1 \ n P a g e 3 6 o f 4 4 It e m # 1 7 At t a c h m e n t n u m b e r 1 \ n P a g e 3 7 o f 4 4 It e m # 1 7 At t a c h m e n t n u m b e r 1 \ n P a g e 3 8 o f 4 4 It e m # 1 7 At t a c h m e n t n u m b e r 1 \ n P a g e 3 9 o f 4 4 It e m # 1 7 At t a c h m e n t n u m b e r 1 \ n P a g e 4 0 o f 4 4 It e m # 1 7 At t a c h m e n t n u m b e r 1 \ n P a g e 4 1 o f 4 4 It e m # 1 7 At t a c h m e n t n u m b e r 1 \ n P a g e 4 2 o f 4 4 It e m # 1 7 At t a c h m e n t n u m b e r 1 \ n P a g e 4 3 o f 4 4 It e m # 1 7 At t a c h m e n t n u m b e r 1 \ n P a g e 4 4 o f 4 4 It e m # 1 7 Commission Meeting Agenda 6/19/2012 5:00 PM Project to identify and collect undiscovered revnue Department:Planning and Development Caption:Discuss alternative approaches for discovery and collection of unknown/under reported license revenue. (No recommendation from Finance Committee May 29, 2012 and deferred from the Augusta Commission meeting June 5, 2012) Background:See Attachment Analysis:See Attachment Financial Impact:See Attachment Alternatives:See Attachment Recommendation:For discussion Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 18 EVALUATION OF A PROPOSAL TO IDENTIFY AND COLLECT UNDISCOVERED LICENSE AND OTHER REVENUE MAY 15, 2012 Staff has been pursuing the hiring of a “headhunter” to identify and collect undiscovered revenue in all of the various categories which are the responsibility of the Planning and Development Department except those related to permitting and construction since the Commission retreat on July 13, 2011. In doing so we solicited for consultants through Procurement in a way that encouraged prospects to suggest methodologies that had been successful in other areas, with the restriction that all fees would have to be paid from newly discovered and collected revenue per the action of the Commission on October 18, 2011. Prior to and during the solicitation process we received numerous inquiries but only one prospective consultant submitted a proposal. Their concept for the project was very detailed and they had a number of examples of where they had successfully performed the service that we have requested. As we did due diligence on a suggested contract with them we identified numerous issues and potential problems, most of which we have been able to work through. In some cases after careful examination and collaboration with our Legal and Finance Departments, we informed the prospective consultant that certain provisions were not feasible. In some cases we were able to make accommodations or adjustments. Attachment A is a chronology of this initiative to date. The process of working through issues and potential problems with the proposed contract has been ongoing since our first meeting with the consultant on February 17, 2012. On May 4 staff discussed the remaining issues with the Administrator, Assistant Administrator, Legal, and Finance. It was the decision of the group that the salient information should be presented to the Commission so that a policy decision could be made as to how to go forward with the contract given the uncertainty and potential for unintended consequences that remain. It is our belief that the prospective consultant has suggested a reasonable approach that could yield significant undiscovered revenue. They have indicated that they would have to collect at least $300,000 to make the venture profitable for them. They have explained how and where some of this new revenue would be found and that has caused some concern. Our conversations with the consultant and some things that have happened independently have also caused staff to believe that we could make a successful effort to enhance revenue without their services. The first major area of concern is that the consultant revealed that colleges, hospitals, government institutions, and industries typically have numerous individuals, LLC’s, and other entities which technically should have individual business licenses but are not detected by local governments. Examples would be government employees who do independent research, 1099 support services located within the exempt or parent entities, contractors and subcontractors, and independent professionals such as doctors and teachers who operate within the institutions. We do not currently make an effort to seek out this potential revenue and calls to Athens and Macon indicate that they also do not pursue them. The concern here is for the impact upon our relationship with such entities with the consultants going into them, knocking on doors, and Attachment number 1 \nPage 1 of 5 Item # 18 making three increasingly aggressive contacts seeking revenue – something we would not be able to control once they are under contract. The second major area of concern has to do with the collection of various fees and excise taxes which are revenues collected by the License Division. One staff member is assigned to auditing these revenue sources in addition to his other duties. Selectively auditing more of these sources would undoubtedly discover some additional revenue. The revenue from some of these fees and taxes is directed to outside entities by the Augusta Code, such as the excise tax for hotels and motels which is dedicated by the code to the Coliseum Authority, Convention and Visitors Bureau, Augusta Museum, and the Lucy Craft Laney Museum. Newly discovered and collected revenue in this category would not enhance the general fund. In addition we do not believe that the 40% fee for additional revenue collected by the consultant could be taken directly from the proceeds of the discovery due to the code provisions. There are several possible solutions to this problem, but it is also possible that the fees (which could be substantial) would have to come from the general fund, which would violate the stipulation of the Commission’s October 18 approval that all fees would have to be taken from newly discovered and collected revenue. It is also of concern that the details of the excise tax such as calculations, processing, due dates, etc. are all very complicated and could easily lead to disagreement and contract disputes between the city and the consultant. The third area of concern relates to costs that the city would have to incur outside the contract to support the consultant. In addition to being committed to working with the consultant to set up their software application to match our billing and collecting business rules, which will take hundreds, if not thousands, of man hours, the main costs that we have identified relate to extracting our license data in a form that it can be used by the consultant and importing their data in a form that can be used by our software application. If these IT expenditures are made, there would likely also have to be many hours spent by IT and Planning staff auditing and correcting data after it has been imported. There would be three types of fees to be paid to M S Govern, our software provider, according to IT: · Extracting data from our system – probably thousands of dollars · Conversion programs to input the consultant’s data into our system – probably tens of thousands of dollars; and · Configuration assistance, also probably tens of thousands of dollars In addition to the concerns related to unintended consequences and additional costs, our researching of the options, development of the RFQ, and conversations with the prospective consultant have revealed a number of opportunities for staff to enhance revenue without the assistance of a consultant. Here are five of these opportunities: · Increase gross revenue brackets. The occupational tax a business pays is based upon their gross revenue and the “profitability index” of the type of business. Because the gross revenue is lumped into only a few brackets, a large increase in revenue may mean very little difference in the amount of this occupational tax. Increasing the number of brackets would definitely capture additional revenue. Attachment number 1 \nPage 2 of 5 Item # 18 · Compare data bases. The occupational tax data base could be compared to other data bases to identify businesses that are not paying the tax. Such other data bases are Augusta Utilities, Augusta Environmental Services, Georgia Power, and Georgia Department of Revenue. In the past we have been unable to utilize the Georgia Power data base, but that has recently been resolved. We are currently arguing with the GDOR about gaining access to their list of businesses collecting sales tax in Augusta. · Search for noncompliant businesses which operate under the umbrella of a college, hospital, government institution or industry. As stated previously, there are probably many doctors, teachers, researchers and subcontractors who are not technically employees of an umbrella entity which is itself exempt from the occupational tax. There are several noninvasive ways that we could attempt to identify them to recover this revenue. · An iphone/ipad application could be written by IT that would allow an inspector to stand in any location and view on a map every business license record within any distance selected. If businesses are present that are not shown on the map, then they may not have a license. · Local audit firms could be employed to perform additional audits under the supervision of the Department’s auditor. We have negotiated the unacceptable provisions out of the draft contract with the prospective consultant and we could have a contract on the next committee agenda for the services that we initially solicited. That contract would undoubtedly result in the discovery/recovery of some unknown amount of revenue. We would pay the consultant 35–40% during the contract period and we would receive 100% of the increased occupational taxes and fees thereafter. We believe that there would be unintended consequences as cited previously of an unknown magnitude. A second option would be to enter a contract with the consultant that is limited to the occupational tax and alcohol licensing. This would eliminate their involvement in collecting the other fees and excise taxes where we see difficulties expressed previously and where much of the discovered revenue would not affect the general fund. A third option would be to negotiate a contract with the consultant to serve in an advisory capacity on the basis of an hourly rate. This has not been considered in detail but we believe that this option would recover more revenue than the cost of the services and introduce new methods to the staff. The fourth option would be to not contract with the consultant, but to pursue enhanced revenue on the basis of knowledge gained during the past nine months. The new organizational structure has a Deputy Director of Licensing and Code Enforcement as well as a License Manager focused on revenue collections and enforcement. They could provide a detailed proposal at the next committee meetings. Attachment number 1 \nPage 3 of 5 Item # 18 In conclusion, Staff will work diligently to make any of the above options a success. We want the Administrator and the Commission to have the facts presented herein and propose whatever level of input is desired in the making of a decision on how to proceed. Attachment number 1 \nPage 4 of 5 Item # 18 ATTACHMENT A REVENUE DISCOVERY/RECOVERY TIMELINE July 13, 2011 Commission retreat, budget proposals made including hiring a “headhunter” to identify and collect license revenue July 14-August 31 I discussed the concept with GMA, ACCG, and three consultants who contacted me. One of them was highly recommended by a local source, and I asked that person to submit a draft scope of services. In the end I wrote a scope from ideas from each potential consultant. August 31 Sent a request to various departments asking for input. Talked to procurement and was asked to have the concept approved by committee. September 7 Sent the draft scope to various departments asking them to review it – no response September 16 Sent agenda item to Clerk of Administrative Services to approve the concept as directed by procurement. September 26 Item was deferred to next meeting by Administrative Services Committee. October 10 Approved by the Administrative Services Committee October 18 Approved by the Augusta Commission October 21 Submitted the scope of service to Procurement, asked for a quick turnaround. January 13, 2012 Invitation for bids issued February 10, 2012 Bids opened, only 1 received February 17, 2012 First meeting with lone bidder in Augusta Feb. 18-May 4, 2012 Due diligence regarding the proposal by the lone bidder. Numerous potential problems were identified and investigated May 4, 2012 Presentation to Fred, Tameka, Finance, and Legal. Decision to present facts to the Commission ASAP May 29, 2012 Presentation to Committee Attachment number 1 \nPage 5 of 5 Item # 18 Commission Meeting Agenda 6/19/2012 5:00 PM Retail Alcohol License Fees Department:Planning and Development Caption:Motion to approve holding the fees for this year and have a public hearing to receive public input on the issue relating to amending Augusta-Richmond County Code Section 6-2, Alcoholic Beverages, so as to increase the retail alcohol license fees. (Effective 12/1/2012) (Approved by Public Services Committee June 11, 2012) Background:It is proposed for discussion that there be an increase in the retail alcohol license fees due to the additional day of sales. The proposed license fees for consideration are: Retail Beer, Retail Wine and Retail Liquor. The fees were last increased in December 2011. Analysis:At the March 28, 2012 meeting the Commission approved an amendment to the Alcohol Ordinance that would allow retail alcohol sales on Sunday. The fees were not increased. There has been a request to bring back to the Commissioners a proposal to increase the retail alcohol licenses. The proposed fee amounts are based on the cost of on-premise consumption Beer, Wine and Liquor alcohol license fees with Sunday sales for an establishment in the highest occupancy category. The existing and proposed seven-day retail Beer, Wine and Liquor fees and the existing on- premise Beer, Wine and Liquor fees are as follows: (Restaurant) Retail Retail On Premise - Large Existing Proposed Existing Beer $665 $855 $665 Wine $665 $855 $665 Liquor $3,330 $4,280 $3330 Sunday n/a n/a $1330 Sales Financial Impact:The proposed Ordinance amendment will provide for an estimated $104,120 in additional revenue. Alternatives:Do not increase the retail alcohol license fees. Recommendation:Hold a public hearing to receive comments from the retailers. Cover Memo Item # 19 Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 19 Commission Meeting Agenda 6/19/2012 5:00 PM Rural Transit Grant Application Department:Augusta Public Transit Caption:Motion to renew the Sec. 5311 Rural Transit grant application between the Georgia Department of Transportation (GDOT) and Augusta, Georgia from July 1, 2012 to June 30, 2013. (Approved by Public Services Committee June 11, 2012) Background:The Augusta-Richmond County Commission annually approves Augusta Public Transit’s Sec. 5311 Rural Transit grant application to providing rural transportation service to the citizens of Augusta- Richmond County. Analysis:The renewal of this contract will allow Augusta Public Transit to continue providing rural transportation service to the citizens of rural Augusta-Richmond County. Financial Impact:The Augusta-Richmond County share of the budget for 2012 and ½ 2013 should be approximately $186,741. Alternatives:None. By not approving this application, citizens of rural Augusta-Richmond County will lose the only public transportation available to them. Recommendation:Approve the submission of the grant. Funds are Available in the Following Accounts: Rural Transit Budget for 2012 and ½ of 2013. 546-09-1120 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Cover Memo Item # 20 Clerk of Commission Cover Memo Item # 20 EXHIBIT 6 Georgia Intergovernmental Consultation Process Intergovernmental Coordination Form Applicant: Augusta-Richmond County Project Name: Richmond County Transit Applicant’s Address: 1535 Fenwick Street Name and Title of Contact Person: Sharon Dottery Telephone: 706-821-1818 Impacted City/Cities: Impacted County/Counties: Richmond County Project Description (Nature, Purpose, Location): The Section 5311 Program funds will be used to provide Rural Public Transit statewide. This application will provide funding for capital and/or operating expenses. It will, as well, provide funding for the Intercity Bus Program, RTAP and State Administration of the 5311 program. (If necessary, continue description on a supplemental remarks page.) FUDIG Source $ Amount Basic Federal Grant $ 186,741 State Matching Grant $ 9,160 Local Matching Grant $ 122,621 Other Matching Grant $ Total Cost $ 318,522 Federal Catalog No. 20,509 Federal Program Name: Section 5311 Federal Agency Name: Federal Transit Administration Federal Contact Name: Robert Buckley Telephone: 404-865-8518 Federal Agency Address: 230 Peachtree Street, NW, Suite 800, Atlanta, GA 30303-1512 Impacted Regional Commission: ______________________________________ Type/Print Name of Authorizing Official: Deke Copenhaver Title: Commission Chairman/Mayor Date: __________________ ___________________________________________ Signature of Authorizing Official SUBMIT TO: Barbara Jackson, Georgia State Clearinghouse 270 Washington Street, SW, 8th Floor Atlanta, GA 30334 Ofc. 404-656-3855 Fax 770-344-3568 Rev. 10/11 Attachment number 1 \nPage 1 of 3 Item # 20 EXHIBIT 7 (Page 1 of 2) AUTHORIZIG RESOLUTIO RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE GEORGIA DEPARTMENT OF TRANSPORTATION AND THE UNITED STATES DEPARTMENT OF TRANSPORTATION, FOR A GRANT FOR PUBLIC TRANSPORTATION ASSISTANCE UNDER SECTION 5311 OF THE FEDERAL TRANSIT LAWS UNDER CHAPTER 53 OF TITLE 49 OF THE UNITED STATES CODE. WHEREAS, the Federal Transit Administration and the Georgia Department of Transportation are authorized to make grant to non-urbanized areas for mass transportation projects; and WHEREAS, the contract for financial assistance will impose certain obligations upon applicant, including the provision by it of the local share of project costs; and WHEREAS, it is required by the United States Department of Transportation and the Georgia Department of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance under the Federal Transit Act, the applicant gives an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and under the United States Department of Transportation requirements thereunder; and NOW THEREFORE, BE IT RESOLVED BY Augusta, Georgia, a political Subdivision of the State of Georgia (also known as “Richmond County’) hereinafter referred to as the “APPLICANT”, 1. That the Mayor hereinafter referred to as the “Official is authorized to execute and file an application on the behalf of the Applicant, a City/County government, with the Georgia Department of Transportation to aid in the financing of public transportation assistance pursuant to Section 5311 of the Federal Transit Act.” 2. That the Official is authorized to execute and file such application and assurances or any other document required by the U.S. Department of Transportation and the Georgia Department of Transportation effectuating the purpose of Title VI of the Civil Rights Act of 1964. 3. That the Official is authorized to execute and file all other standard assurances or any other document required by the Georgia Department of Transportation or the U.S. Department of Transportation in connection with the application for public transportation assistance. 4. That the Official is authorized to furnish such additional information as the U.S. Department of Transportation or the Georgia Department of Transportation may require in connection with the application of the project. 5. That the Official is authorized to execute grant contract agreements on behalf of the Applicant with the Georgia Department of Transportation in connection with the application for public transportation assistance. 6. That the applicant while making application to or receiving grants from the Federal Transit Administration will comply with FTA Circular 9040.1F, FTA Certifications and Assurances for Federal Assistance 2012 as listed in Federal Register, Appendix A. 7. That the Applicant has or will have available in the General Fund the required non-federal funds to meet local share requirements. Attachment number 1 \nPage 2 of 3 Item # 20 EXHIBIT 7 (Page 2 of 2) APPROVED AND ADOPTED this_____day of ___________, 20_____. _______________________________________ Mayor Signature Deke Copenhaver, Mayor Type Name and Title Signed, sealed and delivered this_____day of _______________, 20___ in the presence of _______________________ Witness ______________________ Notary Public/Notary Seal CERTIFICATE The undersigned duly qualified and acting Clerk of Commission of Augusta, Georgia (Title of Certifying/Attesting Official)(Applicant’s Legal Name) certifies that the foregoing is a true and correct copy of a resolution adopted at a legally convened meeting held on ____________________________, 20__________. ________________________________ Name of Certifying/Attesting Officer County Seal ________________________________ Title of Certifying/Attesting Officer Attachment number 1 \nPage 3 of 3 Item # 20 Commission Meeting Agenda 6/19/2012 5:00 PM GIS Server Jumpstart Services Department:Information Technology Caption:Motion to approve purchase of ESRI Professional Services for the Information Technology Department. (Approved by Public Safety Committee June 11, 2012) Background:Since 1997, Augusta has acquired a vast amount of data related to Geographic Information Systems (GIS), including digital orthophotography (computerized aerial maps) for several years. Likewise, the breadth and depth of data that is captured by the IT GIS Group and our customer departments has increased. Augusta IT is currently implementing a new server, database, and storage solution for our GIS data mentioned above. ESRI is the company that manufactures our GIS software, and they have professional services that are available to assist customers with configuration of all hardware, software, and database platforms so that GIS maintains optimum availability. Analysis:The ArcGIS Server Jumpstart Service provides up to 3 days of on- site installation and configuration support for ArcGIS Server software on our servers. If installation and configuration are completed prior to the completion of the 3 day engagement, any additional remaining on-site time can focus on standard ArcGIS Server technology topics such as: Setup and Configuration, Services, Administration and Diagnostics, Data Sources, Caching, Performance and Scalability Considerations, and Enterprise GIS Resource Overview. The popularity of our online maps and the trend toward geographically-based data query (through many of our business systems) means that our servers should be operating efficiently to handle the increased workload. The impending release of mobile apps that use GIS data, as well as our other web browser-based applications, will increase employee and public use of our GIS data solutions into the future. This agreement with ESRI required the incorporation of language related to revised Procurement regulations. The original agreement was approved by Commission, thus it is being submitted through the Commission for approval. Cover Memo Item # 21 Financial Impact:$8,000 funded through SPLOST funds set aside for digital orthophotography, since the services deal with the platform on which the data will reside and be made available to the public. Alternatives:N/A Recommendation:Approve Purchase of ESRI Professional Services Funds are Available in the Following Accounts: GL 328012110.5424910 JL 211925101.5424910 REVIEWED AND APPROVED BY: Procurement. Information Technology. Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 21 Esri, 380 New York St., Redlands, CA 92373-8100 USA • TEL 909-793-2853 • FAX 909-793-3034 G363DM 2012C2818 Page 1 of 7 11/01/2010 May 22, 2012 IMPLEMETATIO SERVICES ADDEDUM FOR SERVICES PACKAGES 1. DEFIITIOS "Commercial off the Shelf Software" or "COTS Software" means all or any portion of Esri's proprietary software technology accessed or downloaded from an authorized Esri Web site or delivered on any media in any format, including backups, updates, service packs, patches, hot fixes, or permitted merged copies, available under license to the general public. "Services Output" means any output produced as a result of the Services provided by Esri under this Agreement. Services Output can include, but is not limited to, reports, training materials, and custom software code. "Map Data" means any digital dataset(s) including geographic, vector data, coordinates, raster, or associated tabular attributes supplied by either party for use in the performance of this Agreement. "Services" means consulting support being performed by Esri in exchange for compensation from the Licensee. "Services Package" means a predefined unit of Services provided at a firm fixed price as described in Exhibit A to Implementation Services Addendum for Services Packages, ArcGIS Server Jumpstart. 2. RESERVATIO OF OWERSHIP AD GRAT OF LICESE Except as specifically granted in this Agreement, Esri or its licensors own and retain all right, title, and interest in Services Output. Subject to the terms and conditions set forth in this Agreement, Esri hereby grants to Licensee a nonexclusive, royalty-free, worldwide license to use, modify, and/or reproduce the Services Output in connection with Licensee's authorized use of the Esri COTS Software. 3. PATETS AD IVETIOS Each party shall retain title to any inventions, innovations, and improvements ("Inventions") made or conceived solely by its principals, employees, consultants, or independent contractors (hereinafter called "Inventors") during the term of this Agreement. The parties shall jointly own any Inventions made or conceived jointly by Inventors from both parties. Except as provided in the next paragraph, where Inventions are jointly owned, each party shall share equally the costs of acquiring protection for the Inventions and furnish the other joint owner with assistance reasonably required for acquiring protection. A joint owner ("Assigning Owner") electing not to acquire or maintain protection of any Inventions in any country or countries shall assign its rights in such Inventions to the other joint owner ("Beneficial Owner") as is necessary to enable the Beneficial Owner to protect such Inventions in such country or countries at its expense and for its exclusive benefit. In such event, the Assigning Owner shall make available to the Beneficial Owner the name(s) of Assigning Owner's Inventors and shall otherwise cooperate with the Beneficial Owner in order to assist the Beneficial Owner in protecting such Inventions. The Beneficial Owner shall reimburse the Assigning Owner for all reasonable out-of-pocket expenses incurred in rendering such assistance. If any such Inventions are so protected by the Beneficial Owner, then the Assigning Owner shall have a license with respect to the subject matter of such protected Inventions in such country or countries. Neither party may license, transfer, sell, or otherwise alienate or encumber its interest in jointly owned Inventions without the written consent of the other party, which shall not be unreasonably withheld by either party. Attachment number 1 \nPage 1 of 7 Item # 21 G363DM 2012C2818 Page 2 of 7 11/01/2010 May 22, 2012 4. COMPESATIO The total firm fixed price for the Services Package is $8,000.00. Services are provided and invoiced on a firm fixed price basis and the only deliverable is consulting time. Esri will invoice Licensee for all Services Packages ordered upon the issuance of a valid Purchase Order. The Purchase Order shall confirm the quantity and firm fixed price of the Services Packages ordered, as described in the Esri proposal or quotation, and reference these terms and conditions. Esri standard payment terms are Net-30 days from receipt of an Esri invoice. Payment shall be made to the Esri address identified on original Esri invoices. For Services provided beyond the date the quote is effective or delivered in a new calendar year, Esri reserves the right to increase the Services Package price in accordance with Esri's most current price schedule. Esri's obligation for completion of the Services is limited to the hours outlined in the Services Package descriptions within Esri's statement of work. If additional time is required to complete Licensee's goals or activities set forth in the applicable statement of work, Esri and Licensee will amend the Purchase Order, as mutually agreed, by increasing the quantity of Service Packages ordered and issuing a new, or amended, Purchase Order. Esri may, at its sole discretion, stop work in order to avoid exceeding the total hours allotted in the applicable Services Package. Any unused hours or travel expenses remaining after the performance of a Services Package will expire and will not be available for performance at a later date. If funded Services Packages have not been performed within twelve (12) months of the Esri invoice date, the Services Package will expire and no refund will be provided. Any election to amend and add Services Packages shall not affect the rights or obligations of the parties under this Agreement. 5. LIMITED WARRATY AD DISCLAIMER OF WARRATIES Esri warrants for a period of thirty (30) days from the date of performance that the Services will conform to the professional and technical standards in the software industry. During the limited warranty period, Licensee may require Esri to re-perform the Services, at no additional cost to the Licensee, if the Services do not substantially conform to the professional and technical standards of the software industry. Services Output is provided "AS IS" without warranty of any kind. Disclaimer of Warranties A. WITH THE EXCEPTION OF THE LIMITED WARRANTY SET FORTH IN THIS ARTICLE, ESRI DISCLAIMS AND THIS AGREEMENT EXPRESSLY EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. B. IN ADDITION TO AND WITHOUT LIMITING THE PRECEDING PARAGRAPH, ESRI DOES NOT WARRANT IN ANY WAY MAP DATA. MAP DATA MAY NOT BE FREE OF NONCONFORMITIES, DEFECTS, ERRORS, OR OMISSIONS; BE AVAILABLE WITHOUT INTERRUPTION; BE CORRECTED IF ERRORS ARE DISCOVERED; OR MEET LICENSEE'S NEEDS OR EXPECTATIONS. LICENSEE SHOULD NOT RELY ON ANY MAP DATA UNLESS LICENSEE HAS VERIFIED THE MAP DATA AGAINST ACTUAL DATA FROM DOCUMENTS OF RECORD, FIELD MEASUREMENT, OR OBSERVATION. 6. LIMITATIO OF LIABILITY AD EXCLUSIVE REMEDY IN NO EVENT SHALL ESRI BE LIABLE TO LICENSEE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOST PROFITS; LOST SALES; OR BUSINESS EXPENDITURES; INVESTMENTS; BUSINESS COMMITMENTS; LOSS OF ANY GOODWILL; OR FOR ANY INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF, OR RELATED TO, THIS AGREEMENT, HOWEVER CAUSED OR UNDER ANY THEORY OF LIABILITY, EVEN IF ESRI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ESRI'S TOTAL CUMULATIVE LIABILITY HEREUNDER, FROM ALL CAUSES OF ACTION OF ANY KIND SHALL IN NO EVENT EXCEED THE AMOUNT ACTUALLY PAID BY THE LICENSEE FOR THE PORTION OF THE SERVICES UNDER THIS AGREEMENT. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 7. COFIDETIALITY The Services Output is Esri confidential information and Licensee shall preserve and protect the confidentiality of said Services Output. Insofar as its rights may be legally restricted, Licensee agrees not to reverse engineer or decompile custom software delivered only in object code, executable code, or similar formats (collectively, "Secure Formats"). For custom Attachment number 1 \nPage 2 of 7 Item # 21 G363DM 2012C2818 Page 3 of 7 11/01/2010 May 22, 2012 software delivered in source code or other human-readable formats, Licensee shall have met its obligations under this Agreement if its disclosure of custom software is limited to custom software in Secure Formats, provided that the means for reverse engineering, decompiling, or disassembling such custom software is withheld from such disclosure, and the person or entity in receipt of such custom software similarly agrees not to perform such acts or allow others to do so. Except as provided in the preceding paragraph, Licensee shall not disclose the Services Output to employees or third parties without the advanced written consent of Esri. However, Licensee may, without such consent, make such disclosures to employees to the extent reasonably required to allow Licensee to use the Services Output in a manner authorized under applicable licenses. Before disclosing all or any portion of the Services Output to employees or third parties as permitted in the preceding sentence, Licensee shall inform such employees or third parties of the obligations in this Agreement and obtain their agreement to be bound by them. 8. EXPORT COTROLS The disclosures permitted under Article 7, Confidentiality, shall not relieve Licensee of its obligation to maintain the Services Output in confidence and comply with all applicable laws and regulations of the United States including, without limitation, its export control laws. Licensee expressly acknowledges and agrees that Licensee shall not export, reexport, transfer, or release Services Output in whole or in part, to (i) any U.S. embargoed country (or to a national or resident of any U.S. embargoed country); (ii) any person on the U.S. Treasury Department's list of Specially Designated Nationals; (iii) any person or entity on the U.S. Commerce Department's Denied Persons List, Entity List, or Unverified List; or (iv) any person or entity where such export or reexport violates any U.S. export control laws or regulations including, but not limited to, the terms of any export license or license exception and any amendments and supplemental additions to U.S. export laws as they occur. 9. GEERAL PROVISIOS 9.1 onhire of Esri Personnel. Licensee will not directly solicit for hire any employee(s) of Esri's technical staff, who is (are) associated with Services called for under this project, and for a period of one (1) year after completion of the project. In the event the foregoing provision is breached, liquidated damages equal to twelve (12) months of the Esri employee's compensation plus any legal expenses associated with the enforcement of this provision shall be paid by the Licensee to Esri. The foregoing shall in no way restrict Licensee from publicly advertising positions for hire in newspapers, professional magazines, or Internet postings. 9.2 Taxes. Services provided are quoted exclusive of all state; local; value-added or other taxes, customs, or duties; or other charges (other than income taxes payable by Esri). In the event such taxes and/or charges become applicable to Esri's Services or Services Output, Licensee shall pay any such applicable tax upon receipt of written notice that such tax(es) is/are due. 9.3 UCC Inapplicability. Services provided under this Agreement will not be governed by the Uniform Commercial Code (UCC) and will not be deemed "goods" within the definition of the UCC. 9.4 Order of Precedence. These terms and conditions supersede those outlined in any Licensee ordering or authorizing documents such as purchase orders. Any additional terms or conditions in Licensee ordering or authorizing documents are void and may be incorporated into this Agreement only via written amendment signed by both parties to be binding. 9.5 Assignment and Delegation. Esri may, in whole or in part, assign any of its rights or delegate any performance under this Agreement, provided that Esri shall remain responsible for the performance it delegates. This Agreement binds and benefits successors or assigns permitted under this Article. 9.6 Equitable Relief. Licensee agrees that any breach of this Agreement by Licensee may cause Esri irreparable damage and that, in the event of such breach, in addition to any and all remedies at law, Esri shall have the right to seek an injunction, specific performance, or other equitable relief in any court of competent jurisdiction to prevent violation of these terms and without the requirement of posting a bond or undertaking or proving injury as a condition of relief. Attachment number 1 \nPage 3 of 7 Item # 21 G363DM 2012C2818 Page 4 of 7 11/01/2010 May 22, 2012 9.7 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without reference to its conflict of laws principles, and Esri agrees that any disputes arising out of this Agreement shall be decided by the Superior Court of Richmond County, Georgia. 9.8 Temporary Suspension or Delay of Performance of Contract. To the extent that it does not alter the scope of this agreement, Augusta, GA may unilaterally order a temporary stopping of the work, or delaying of the work to be performed by Esri under this agreement. 9.9 A. Termination for Convenience by Licensee. Licensee may terminate this Agreement at any time on thirty (30) days' written notice to Esri and upon payment to Esri of all amounts due to date pursuant to this Agreement, including reasonable termination expenses and the pro rata contract price for the Services affected. B. Termination for Cause by Licensee. Licensee shall have the right, in addition and without prejudice to any other rights or remedies, to terminate this Agreement for any material breach of this Agreement by Esri that is not cured within fifteen (15) days of receipt by Esri of a notice specifying the breach and requiring its cure. C. Termination for Cause by Esri. Esri may terminate this Agreement immediately upon written notice to Licensee in the event that one or more of the following occur: i. Licensee defaults under this Agreement three (3) or more times within any six (6)-month period, regardless of whether such defaults are cured; ii. Licensee engages in the unauthorized use of the COTS Software; iii. Licensee engages in the unauthorized use, reproduction, or disclosure of Services Output; iv. Licensee breaches any provision of this Agreement and there is no possibility of cure; v. Licensee fails to pay after ten (10) days' written notice the amounts due to Esri pursuant to the “Compensation” Article 4 of this Agreement. 9.10 Defective Pricing. To the extent that the pricing provided by Esri is erroneous and defective, the parties may, by agreement, correct pricing errors to reflect the intent of the parties. 9.11 Specified Excuses for Delay or on-Performance . Esri is not responsible for delay in performance caused by acts of nature, strikes, lockouts, accidents, or other events beyond the control of Esri. In any such event, the contract price and schedule shall be equitably adjusted. 9.12 Hold Harmless. Notwithstanding any other provisions of this agreement, Esri shall indemnify and hold harmless Augusta, GA, and its employees and agents (collectively the “Indemnified Parties”) from and against any and all liabilities, claims, judgments, damages, and settlements, including all reasonable costs, expenses, and attorneys’ fees, arising out of any action or claim for bodily injury, death or property damage (except for databases not subject to a reasonable backup program) brought against any of the Indemnified Parties to the extent arising from any negligent act or omission or willful misconduct by Esri, its subcontractors or their directors, officers, employees or agents. 9.13 Prohibition against Contingent Fees. Esri is prohibited from directly or indirectly advocating in exchange for compensation that is contingent in any way upon the approval of this contract or the passage, modification, or defeat of any legislative action on the part of the Augusta, Georgia Commission. Esri shall not hire anyone to actively advocate in exchange for compensation that is contingent in any way upon the passage, modification, or defeat of any contract or any legislation that is to go before the Augusta, Georgia Commission. 9.14 Georgia Prompt Pay Act ot Applicable. The terms of this agreement supersede any and all provisions of the Georgia Prompt Pay Act. 9.15 Acknowledgement Regarding Contractual Obligations of Augusta, Georgia. Esri acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law, Esri is deemed to possess knowledge concerning Augusta, Georgia's ability to assume contractual obligations and the consequences of Esri’s provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that Esri may be precluded from recovering payment for such Attachment number 1 \nPage 4 of 7 Item # 21 G363DM 2012C2818 Page 5 of 7 11/01/2010 May 22, 2012 unauthorized goods or services. Accordingly, Esri agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if Esri provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services, as required by Augusta, Georgia's Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by Esri. Esri assumes all risk of non- payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized, including, without limitation, all remedies at law or equity." This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue producing contracts. 9.16 Georgia E-Verify Requirements. All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical performance of services shall be required to execute an Affidavit verifying its compliance with O.C.G.A. § 13- 10-91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta, Georgia has registered with and is participating in a federal work authorization program. Esri agrees to provide their E-Verify number and to be in compliance with the electronic verification of work authorized programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91 and shall continue to use the federal authorization program throughout the contract term. Additionally, Esri agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to its contract with Augusta, Georgia Esri will secure from such subcontractor(s) each subcontractor’s E-Verify number as evidence of verification of compliance with O.C.G.A. § 13-10-91 on the subcontractor affidavit provided in Rule 300-10-01- .08 or a substantially similar form. Esri agrees to maintain records of such compliance and provide a copy of each such verification to Augusta, Georgia at the time the subcontractor(s) is retained to perform such physical services. 9.17 Right to Inspect Premises. Augusta, Georgia may, at reasonable times, inspect the part of the plant, place of business, or work site of Esri or any subcontractor of Esri or subunit thereof which is pertinent to the performance of any contract awarded or to be awarded by Augusta, Georgia. 9.18 Local Small Business Language. In accordance with Chapter 10B of the AUGUSTA, GA. CODE, Esri agrees to collect and maintain all records necessary to for Augusta, Georgia to evaluate the effectiveness of its Local Small Business Opportunity Program and to make such records available to Augusta, Georgia. The requirements of the Local Small Business Opportunity Program can be found at www.augustaga.gov. In accordance with AUGUSTA, GA. CODE § 1-10-129(d)(7), the contractor is required to provide local small business utilization reports. Esri shall report to Augusta, Georgia the total dollars paid to each local small business on each contract, and shall provide such payment affidavits, regarding payment to subcontractors as may be requested by Augusta, Georgia. Such documents shall be in the format specified by the Director of minority and small business opportunities, and shall be submitted at such times as required by Augusta, Georgia. Failure to provide such reports within the time period specified by Augusta, Georgia shall entitle Augusta, Georgia to exercise any of the remedies set forth, including but not limited to, withholding payment. Esri will not be utilizing any local small business pursuant to this Agreement. Therefore, all requirements and reporting set forth in this Article are not applicable. 9.19 Entire Agreement. This Agreement constitutes the sole and entire agreement of the parties as to the subject matter set forth herein and supersedes any previous agreements, understandings, and arrangements (including any attached purchase order terms and conditions) between the parties relating to such subject matter. The undersigned hereby acknowledges and represents that he/she has read and understands this Agreement and has the authority to bind his/her organization to these terms and conditions. An executed Agreement shall constitute a duplicate if it is transmitted through electronic means, such as fax or e-mail, and reflects the signing of the document by Licensee. Duplicates are valid and binding even if an original paper document bearing Licensee's original signature is not delivered. Attachment number 1 \nPage 5 of 7 Item # 21 G363DM 2012C2818 Page 6 of 7 11/01/2010 May 22, 2012 AUGUSTA, GEORGIA (“Licensee”) By: Date: Print Name: David S. Copenhaver, Mayor Phone: ( ) Attest: Lena J. Bonner, Clerk of Commission Municipal Building 530 Greene Street, 8th Floor Augusta, Georgia 30901 Attachment number 1 \nPage 6 of 7 Item # 21 G363DM 2012C2818 Page 7 of 7 11/01/2010 May 22, 2012 EXHIBIT A TO IMPLEMETATIO SERVICES ADDEDUM FOR SERVICES PACKAGES ArcGIS Server Jumpstart ARCGIS SERVER JUMPSTART – UP TO 2 SERVERS. The ArcGIS Server Jumpstart Service provides up to 3 days of on- site installation and configuration support for ArcGIS Server software on up to 2 Licensee provided physical or virtual servers by 1 Esri Consultant. If installation and configuration are completed prior to the completion of the 3 day engagement, any additional remaining on-site time can focus on standard ArcGIS Server technology topics such as: Setup and Configuration, Services, Administration and Diagnostics, Data Sources, Caching, Performance and Scalability Considerations, and Enterprise GIS Resource Overview. Licensee will be provided a jumpstart prerequisite and checklist document prior to the on-site visit. The price includes airfare, hotel, car rental, per diem, and other direct costs. On-site support will be provided at a mutually agreed upon customer location during one trip within the United States on consecutive business days during a single work week. This Services Package requires Licensee to prepare for Esri’s visit. The preparation requirements are outlined at http://www.Esri.com/legal/serviceagreements. html and all Services will be provided in accordance with the requirements and assumptions provided therein. Scheduling will be based on resource availability. Topics outside the scope of the ArcGIS Server Jumpstart include but are not limited to: Migration of Databases and Applications, Advanced Security, High Availability and Failover, Production Level Replication, and Application Development. Attachment number 1 \nPage 7 of 7 Item # 21 Attachment number 2 \nPage 1 of 26 Item # 21 Attachment number 2 \nPage 2 of 26 Item # 21 Attachment number 2 \nPage 3 of 26 Item # 21 Attachment number 2 \nPage 4 of 26 Item # 21 Attachment number 2 \nPage 5 of 26 Item # 21 Attachment number 2 \nPage 6 of 26 Item # 21 Attachment number 2 \nPage 7 of 26 Item # 21 Attachment number 2 \nPage 8 of 26 Item # 21 Attachment number 2 \nPage 9 of 26 Item # 21 Attachment number 2 \nPage 10 of 26 Item # 21 Attachment number 2 \nPage 11 of 26 Item # 21 Attachment number 2 \nPage 12 of 26 Item # 21 Attachment number 2 \nPage 13 of 26 Item # 21 Attachment number 2 \nPage 14 of 26 Item # 21 Attachment number 2 \nPage 15 of 26 Item # 21 Attachment number 2 \nPage 16 of 26 Item # 21 Attachment number 2 \nPage 17 of 26 Item # 21 Attachment number 2 \nPage 18 of 26 Item # 21 Attachment number 2 \nPage 19 of 26 Item # 21 Attachment number 2 \nPage 20 of 26 Item # 21 Attachment number 2 \nPage 21 of 26 Item # 21 Attachment number 2 \nPage 22 of 26 Item # 21 Attachment number 2 \nPage 23 of 26 Item # 21 Attachment number 2 \nPage 24 of 26 Item # 21 Attachment number 2 \nPage 25 of 26 Item # 21 Attachment number 2 \nPage 26 of 26 Item # 21 Commission Meeting Agenda 6/19/2012 5:00 PM Motion to authorize refunding Water and Sewerage Revenue Bonds, Series 2002 Department:Finance Caption:Motion to authorize the Finance and Utilities departments to begin the process for refunding the Water and Sewerage Revenue Bonds Series 2002 in the approximate outstanding principal amount of $98,875,000 and the issuance of up to $40,000,000 of additional bonds for new water and sewer projects, all of such bonds to be issued through a competitive bid process with Murray, Barnes, Finister, LLP and McKenna Long & Aldridge, LLP serving as bond and disclosure counsel. (Approved by Finance Committee June 11, 2012) Background:Augusta issued $149,400,000 in bonds in 2002 to finance various water and sewer improvements. The bond documents provided that the bonds could be called after ten years. Current interest rates on tax exempt municipal bonds are lower than the rates on the existing bonds which makes refunding these bonds a prudent financial decision. In addition, the Utilities Department has needed projects that cannot be timely funded through cash flow. These projects are estimated to total between $35 million and $40 million. Analysis: Financial Impact: Alternatives:a) Refund the existing bonds and issue addtional bonds for needed projects. b) Not refund the existing bonds and forego the interest savings and delay the construction of new projects. Recommendation:Refund the existing bonds and issue the additional bonds for needed projects. Funds are Available in the Following Accounts: This is an enterprise fund. Receipts from operations will pay debt service.Cover Memo Item # 22 REVIEWED AND APPROVED BY: Cover Memo Item # 22 Commission Meeting Agenda 6/19/2012 5:00 PM New Life Community Fellowship Baptist Church Department:Clerk of Commission Caption:Motion to approve a request from New Life Community Fellowship Baptist Church for the refunding of 2011 taxes paid by the church in the amount of $1,613.12. (Approved by Finance Committee June 11, 2012) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 23 Attachment number 1 \nPage 1 of 1 Item # 23 Commission Meeting Agenda 6/19/2012 5:00 PM Request for refund Bio-Medical App of GA Inc. Department:Board of Assessors Caption:Motion to approve a request for refund for Bio-Medical App. of Georgia, Inc., 1109 Medical Center Drive, for tax years 2009 ($241.09) and 2010 (230.33), Aco# 65500 and 65501. (Approved by Finance Committee June 11, 2012) Background:Request for refund based on personal property audit for Bio- Medical App. of Georgia, Inc., 1109 Medical Center Drive, for tax years 2009 and 2010, Act# 65500 and 65501. Refund amount requested for 2009=$241.09, paid by Bio-Medical App. of Georgia; amount requested for 2010=$230.33, paid by Fresenius Management Service. Analysis: Financial Impact: Alternatives: Recommendation:Refund 2009 and 2010 taxes for Bio-Medical App. of Georgia Inc. in the amounts of $241.09 and $230.33, respectively. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 24 Attachment number 1 \nPage 1 of 6 Item # 24 Attachment number 1 \nPage 2 of 6 Item # 24 Attachment number 1 \nPage 3 of 6 Item # 24 Attachment number 1 \nPage 4 of 6 Item # 24 Attachment number 1 \nPage 5 of 6 Item # 24 Attachment number 1 \nPage 6 of 6 Item # 24 Commission Meeting Agenda 6/19/2012 5:00 PM Request the purchase of two Articulated Boom Arm Mowers for Augusta Engineering Department- Maintenance Division Department:Fleet Management Caption:Motion to approve the replacement of two articulated boom arm mowers for Augusta Engineering Department – Maintenance Division. (Approved by Finance Committee June 11, 2012) Background:The Augusta Engineering Department-Maintenance Division is responsible for the grass maintenance in the city and surrounding areas of Augusta. A significant amount of their grass maintenance tasks include working along the highways and roadways which requires the use of a tractor mounted articulated boom arm mower. Due to the lack of funding over the last few years, the department’s boom arm mower fleet is deteriorating rapidly. They have quite a few mowers that are over 10 years old which in itself creates a very hazardous working environment for the operators and also the extremely high maintenance costs to keep running. Two of these older mowers, asset number 940414, a 1994 model, and 950259, a 1995 model, exceeds the replacement criteria approved by the Commission in 2004. The assessment has been attached for review. Analysis:Fleet Management would like to utilize the Georgia State Contract bid program to purchase the units. The Georgia State Contract low bid for this unit was awarded to Alamo, Inc., of Seguin, Texas, but administered and distributed by Reynolds-Warren Equipment Company of Lake City, Georgia. The state bid award number is SWC-99999-SPD-0000043-0004. We have attached the appropriate paperwork for your review. Financial Impact:One of these units will be purchased through the use of 2004 Phase IV sales tax funds and the other through the use of 2012 General Capital Outlay funds. The cost of these new articulated boom arm mowers is $90,944.09 each for a total of $181,888.18. Alternatives:(1) Approve the request; (2) Do not approve the request Cover Memo Item # 25 Recommendation:Approve the request to purchase two articulated boom arm mowers from Alamo Industrial, Inc. through Reynolds-Warren Equipment Company, Inc. Funds are Available in the Following Accounts: 324-04-1110/54.21120/201-82-4010/54.21120 & 272-01- 6440/54.12120 & 272-01-6440/54.21120 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 25 Attachment number 1 \nPage 1 of 7 Item # 25 Attachment number 1 \nPage 2 of 7 Item # 25 Attachment number 1 \nPage 3 of 7 Item # 25 Attachment number 1 \nPage 4 of 7 Item # 25 Attachment number 1 \nPage 5 of 7 Item # 25 Attachment number 1 \nPage 6 of 7 Item # 25 Attachment number 1 \nPage 7 of 7 Item # 25 Commission Meeting Agenda 6/19/2012 5:00 PM Approve recommendation to award contract for RFP 12-128, Janitorial Services for the Environmental Services Department to M&M Management Services, Inc. Department:Environmental Services Caption:Motion to approve recommendation to award contract for RFP 12-128, Janitorial Services for the Enviromental Services Department, to M&M Management Services, Inc. in the amount of $34,488.92. (Approved by Engineering Services Committee June 11, 2012) Background:In 2010 The Environmental Services Department moved all office and maintenance staff into the maintenance building. This entailed an increase in office space from approximately 2,500 sq./ft. to over 7,500 sq./ft. plus an additional 10,000 sq./ft. of shop space which we were not equipped to sufficiently maintain. The department realized the need for, went through the RFP process with Procurement, and outsourced janitorial services for the maintenance building and the scale house in August of 2010. Additional services were required over the life of the contract and are included in the current RFP. The services are still required to properly maintain these two buildings at our facility. Analysis:The Environmental Services Department and the Procurement Department have concluded the RFP process for RFP Item 12- 128, Janitorial Services. After the evaluation process of the five compliant vendors, M&M Management Services, Inc. scored higher than the other four vendors. They have also met all specified requirements of the RFP documents without taking any exceptions and within an acceptable budget amount. Therefore, it is the recommendation of the Augusta Environmental Services Department that M&M Management Services, Inc. should be awarded the contract for Janitorial Services pending successful contract execution. Financial Impact:Adequate funds are available. The department recommends transferring funds from 542-04-4110/52.39110 to 542-04-4110 / 52.22310. The cost of the services will be $34,488.92 annually, which is a 10% increase over the previous contract.Cover Memo Item # 26 Alternatives:1. Approve award recommendation of RFP 12-128, Janitorial Services for the Environmental Services Department to M&M Management Services, Inc. 2. Do not approve the award. Recommendation:Approve award recommendation of RFP 12-128, Janitorial Services for the Environmental Services Department to M&M Management Services, Inc. pending successful contract execution. Funds are Available in the Following Accounts: The department recommends transferring funds from 542-04- 4110/52.39110 to 542-04-4110 / 52.22310. REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 26 Request for Proposal Request for Proposals will be received at this office until Wednesday, March 21, 2012 @ 3:00 p.m. for furnishing: RFP Item #12-128 Janitorial Services for Environmental Services RFPs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 RFP documents may be viewed on the Augusta Georgia web site under the Procurement Department ARCbid. RFP documents may be obtained at the office of the Augusta, GA Procurement Department, 530 Greene Street – Room 605, Augusta, GA 30901. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Monday, March 5, 2012 @ 5:00 P.M. No RFP will be accepted by fax, all must be received by mail or hand delivered. No RFP may be withdrawn for a period of 90 days after time has been called on the date of opening. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark RFP number on the outside of the envelope. Bidders are cautioned that acquisition of RFP documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFP documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle February 9, 16, 23, March 1, 2012 Metro Courier February 15, 2012 cc: Tameka Allen Deputy Administrator Mark Johnson Environmental Services Lori Videtto Environmental Services Revised: 8/15/2011 Attachment number 1 \nPage 1 of 1 Item # 26 VENDORS Attachment B E-Verify # Original 6 Copies Fee Proposal M &M MANAGEMENT INC. 3114 AUGUSTA TECH DR., STE 403 AUGUSTA GA 30906 YES 357593 YES YES YES JANI-KING OF AUGUSTA 3665 WHEELER ROAD, SUITE 1A AUGUSTA, GA 30909 YES 332901 YES YES YES KSL PROFESSIONAL JANITORIAL CLEAN P. O. BOX 957922 DULUTH, GA 30095 YES 495714 YES YES YES EXECUTIVE JANITORIAL SERVICES P. O. Box 204922 AUGUSTA, GA 30917-4922 YES 240034 YES YES YES AMERICAN FACILITY SERVICES 1325 UNION HILL INDUSTRIAL CT. SUITE A ALPHARETTA, GA 30004 YES 114358 YES YES YES EXECUTIVE CLEANING P. O. Box 1375 MILLEDGEVILLE, GA 31059-1375 YES 001191 YES YES NO FEE PROPOSAL/ NON- COMPLIANT RFP Item #12-128 Janitorial Services for Augusta, Georgia - Environmental Services Department RFP Due: Wednesday, March 21, 2012 @ 3:00 p.m. The following vendor did not respond: CSRA CUSTODIAL SERVICES / 2709 OAKLAND AVENUE / AUGUSTA, GA 30909 Page 1 of 1 Attachment number 2 \nPage 1 of 1 Item # 26 Evaluation Criteria PTS AMERICAN FACILITY SERVICES 1325 UNION HILL INDUSTRIAL CT. SUITE A ALPHARETTA, GA 30004 EXECUTIVE JANITORIAL SERVICES P. O. Box 204922 AUGUSTA, GA 30917- 4922 JANI-KING OF AUGUSTA 3665 WHEELER ROAD, SUITE 1A AUGUSTA, GA 30909 KSL PROFESSIONAL JANITORIAL CLEAN P. O. BOX 957922 DULUTH, GA 30095 M &M MANAGEMENT INC. 3114 AUGUSTA TECH DR., STE 403 AUGUSTA GA 30906 1. Company Experience - This section should clearly indicate the capability of the team to perform the work. Provide a company overview that describes the experience of the company and key individuals who will be involved in this effort. Provide no more than a one –page description of your company including the name of the company, date the company was established, number of employees. 40 32 20 23 22 33 2. Revelant Projects - Provide two project sheets that highlight similar experience that your project team members have been involved in. Projects should be janitorial/cleaning service in which the company has been involved. For any development identified, provide, at a minimum, the following information: • Name, location, year service provided • Role of your company in the service • Description of service, by type, size, relevant physical attributes similar to target project. 30 24 10 12 15 23 3. Personnel - Provide a schedule of the personnel you will commit to be assigned and directly involved and responsible throughout the duration of the Project. Provide a one page resume highlighting relevant experience to this project for all assigned Project personnel. 25 17 8 10 12 18 4. Proximity to Area Within Augusta Richmond County 5 pts Within the CSRA 4 pts Within Georgia 3 pts Within SE United States 2 pts All Others 1 pt 5 3 4 4 3 5 TOTAL 100 76 42 49 51 80 Cumulative Evaluation Sheet - RFP Item #12-128 Janitorial Services for Augusta Environmental Services for Augusta, Georgia - Environmental Services Department Attachment number 3 \nPage 1 of 1 Item # 26 Attachment number 4 \nPage 1 of 1 Item # 26 Attachment number 5 \nPage 1 of 5 Item # 26 Attachment number 5 \nPage 2 of 5 Item # 26 Attachment number 5 \nPage 3 of 5 Item # 26 Attachment number 5 \nPage 4 of 5 Item # 26 Attachment number 5 \nPage 5 of 5 Item # 26 Attachment number 6 \nPage 1 of 3 Item # 26 Attachment number 6 \nPage 2 of 3 Item # 26 Attachment number 6 \nPage 3 of 3 Item # 26 Commission Meeting Agenda 6/19/2012 5:00 PM Augusta Beautification Program Agreement (Walton Way SR4) Department:Abie L. Ladson, PE, CPESC, Director Caption:Motion to approve entering into an agreement with The Augusta Beautification Program to provide landscape maintenance along Walton Way (SR 4) between 13th Street and 15th Street as requested by AED/Traffic Engineering. (Approved by Engineering Services Committee June 11, 2012) Background:The Augusta Beautification Program is a privately-funded group that has installed and maintained landscaped medians throughout the county. Projects completed by this organization include: Wheeler Road and St. Sebastian Way. Currently, Augusta Beautification Program is proposing to landscape and maintain the median along Walton Way between 13th Street and 15th Street. Because this section of Walton Way is a state route, Georgia DOT requires the city to entering into a mowing and maintenance agreement, irrespective of funding source. This proposed agreement will allow The Augusta Beautification Program to provide this maintenance on behalf of the city. Analysis:Agreement would allow the beautification project to move forward. Financial Impact:None anticipated Alternatives:1) Approve entering into an agreement with The Augusta Beautification Program to provide landscape maintenance along Walton Way (SR 4) between 13th Street and 15th Street as requested by AED/Traffic Engineering. 2) Do not approve and beautification project cannot proceed. Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: N/A Cover Memo Item # 27 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 27 Attachment number 1 \nPage 1 of 3 Item # 27 Attachment number 1 \nPage 2 of 3 Item # 27 Attachment number 1 \nPage 3 of 3 Item # 27 Commission Meeting Agenda 6/19/2012 5:00 PM Exchange Lane and Savannah River Banking Co. Department:Engineering Department-Abie L. Ladson, P.E., CPESC, Director Caption:Motion to approve the deeds of dedication, maintenance agreements, and road resolution submitted by the Engineering and Augusta Utilities Departments for Exchange Lane, and Water and Sewer Installations for Savannah River Banking Company. (Approved by Engineering Services Committee June 11, 2012) Background:The final plat for Exchange Lane was approved by the Commission on May 15, 2012. The subdivision design and plat for this section, including the storm drain system within the road, have been reviewed and accepted by our engineering staff and the construction has been reviewed by our inspectors. The Utilities Department has inspected and reviewed the water and sanitary sewer installations, and hereby requests acceptance of the utility deed. Analysis:This section meets all codes, ordinances and standards. There are no wetlands or 100-year flood plain boundaries involved in this section. Acceptance of said utility deed shall dedicate, as required, the water and sanitary sewer mains along with the applicable easements to Augusta, Georgia for operation and maintenance. Financial Impact:By accepting this road and storm drainage installations into the County system and after the 18-month maintenance warranty by the developer/contractor for the roads and storm drainage has expired, all future maintenance and associated costs will be borne by Augusta, Georgia. By acceptance of the utility deeds and maintenance agreements, all future maintenance and associated costs for water and sanitary sewer installations will be borne by Augusta, Georgia, and positive revenue will be generated from the sale of water and sanitary sewer taps and monthly billing of same. Alternatives:1. Approve the deeds of dedication, maintenance agreements, and road resolution submitted by the Engineering and Augusta Utilities Departments for Exchange Lane, and Water and Sewer Installations for Savannah River Banking Company. 2. Do not approve and risk litigation. Cover Memo Item # 28 Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 28 Attachment number 1 \nPage 1 of 1 Item # 28 Attachment number 2 \nPage 1 of 2 Item # 28 Attachment number 2 \nPage 2 of 2 Item # 28 Attachment number 3 \nPage 1 of 2 Item # 28 Attachment number 3 \nPage 2 of 2 Item # 28 Attachment number 4 \nPage 1 of 3 Item # 28 Attachment number 4 \nPage 2 of 3 Item # 28 Attachment number 4 \nPage 3 of 3 Item # 28 Attachment number 5 \nPage 1 of 3 Item # 28 Attachment number 5 \nPage 2 of 3 Item # 28 Attachment number 5 \nPage 3 of 3 Item # 28 Attachment number 6 \nPage 1 of 8 Item # 28 Attachment number 6 \nPage 2 of 8 Item # 28 Attachment number 6 \nPage 3 of 8 Item # 28 Attachment number 6 \nPage 4 of 8 Item # 28 Attachment number 6 \nPage 5 of 8 Item # 28 Attachment number 6 \nPage 6 of 8 Item # 28 Attachment number 6 \nPage 7 of 8 Item # 28 Attachment number 6 \nPage 8 of 8 Item # 28 Attachment number 7 \nPage 1 of 6 Item # 28 Attachment number 7 \nPage 2 of 6 Item # 28 Attachment number 7 \nPage 3 of 6 Item # 28 Attachment number 7 \nPage 4 of 6 Item # 28 Attachment number 7 \nPage 5 of 6 Item # 28 Attachment number 7 \nPage 6 of 6 Item # 28 Commission Meeting Agenda 6/19/2012 5:00 PM Motion to authorize refunding Water and Sewerage Revenue Bonds, Series 2002 Department:Finance Caption:Motion to authorize the Finance and Utilities departments to begin the process for refunding the Water and Sewerage Revenue Bonds Series 2002 in the approximate outstanding principal amount of $98,875,000 and the issuance of up to $40,000,000 of additional bonds for new water and sewer projects, all of such bonds to be issued through a competitive bid process with Murray, Barnes, Finister, LLP and McKenna Long & Aldridge, LLP serving as bond and disclosure counsel. (Approved by Engineering Services Committee June 11, 2012) Background:Augusta issued $149,400,000 in bonds in 2002 to finance various water and sewer improvements. The bond documents provided that the bonds could be called after ten years. Current interest rates on tax exempt municipal bonds are lower than the rates on the existing bonds which makes refunding these bonds a prudent financial decision. In addition, the Utilities Department has needed projects that cannot be timely funded through cash flow. These projects are estimated to total between $35 million and $40 million. Analysis: Financial Impact: Alternatives:a) Refund the existing bonds and issue addtional bonds for needed projects. b) Not refund the existing bonds and forego the interest savings and delay the construction of new projects. Recommendation:Refund the existing bonds and issue the additional bonds for needed projects. Funds are Available in the Following Accounts: This is an enterprise fund. Receipts from operations will pay debt service.Cover Memo Item # 29 REVIEWED AND APPROVED BY: Cover Memo Item # 29 Commission Meeting Agenda 6/19/2012 5:00 PM Mowing and Maintenance Agreement and Indemnity Agreement (Walton Way (SR 4) Department:Abie L. Ladson, PE, CPESC, Director Caption:Motion to approve entering into a Mowing and Maintenance Agreement as well as an Indemnity Agreement with the Georgia Department of Transportation along Walton Way (SR 4) between 13th Street and 15th Street in conjunction with median landscaping project as requested by AED/TE. (Approved by Engineering Services Committee June 11, 2012) Background:Currently, there is a proposed project by the Augusta Beautification Program to landscape and maintain the median along Walton Way between 13th Street and 15th Street. Although in a companion agenda item, the Augusta Beautification Program will be providing the maintenance of the median, for landscaping projects along State Routes, Georgia DOT requires that the local government enter into a mowing and maintenance agreement, irrespective of funding source. Moreover, since the proposed project will include a sprinkler system, Georgia DOT requires an indemnity agreement to be executed as well. Analysis:Agreement would allow the beautification project to move forward Financial Impact:None anticipated. Alternatives:1.Approve entering into a Mowing and Maintenance Agreement as well as an Indemnity Agreement with the Georgia Department of Transportation along Walton Way (SR 4) between 13th Street and 15th Street in conjunction with median landscaping project as requested by AED/TE. 2.Do not approve and beautification project cannot proceed. Recommendation:Approve Alternative Number One. Funds are Available in the Following N/A Cover Memo Item # 30 Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 30 Attachment number 1 \nPage 1 of 11 Item # 30 Attachment number 1 \nPage 2 of 11 Item # 30 Attachment number 1 \nPage 3 of 11 Item # 30 Attachment number 1 \nPage 4 of 11 Item # 30 Attachment number 1 \nPage 5 of 11 Item # 30 Attachment number 1 \nPage 6 of 11 Item # 30 Attachment number 1 \nPage 7 of 11 Item # 30 Attachment number 1 \nPage 8 of 11 Item # 30 Attachment number 1 \nPage 9 of 11 Item # 30 Attachment number 1 \nPage 10 of 11 Item # 30 Attachment number 1 \nPage 11 of 11 Item # 30 Attachment number 2 \nPage 1 of 1 Item # 30 Attachment number 3 \nPage 1 of 1 Item # 30 Commission Meeting Agenda 6/19/2012 5:00 PM Utilities Emergency Response Planning Department:Utilities Caption:Motion to approve a proposal in the amount of $203,716.00 from Westin Engineering to update ERP (Emergency Response Plan), COOP (Continuity of Operations Plan) and VA's (Vulnerability Assessments) for the Utilities Department. (Approved by Engineering Services Committee June 11, 2012) Background:Utilities had previously solicited qualifications from firms to update our Emergency Response Plan (ERP), Continuity of Operations Plan (COOP) and Vulnerability Assessments (VA). Westin Engineering was selected as the highest rated firm. Analysis:The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 required that public water systems prepare Emergency Response Plans. Also during that time, the Utilities had prepared a Continuity of Operations Plan and Vulnerability Assessments. These plans need to be updated to reflect our new facilities and organization. The final scope and fee has been significantly reduced during the negotiation process. Our intent is to keep these plans updated internally in the future. Financial Impact:Westin has proposed to update these plans for a fee of $203,716. Funds are available in account 507043490–5212999/81100010- 5212999. Alternatives:The Commission could elect not to update these plans. Recommendation:We recommend that the Commission approve the proposal from Westin Engineering in the amount of $203,716. Funds are Available in the Following Accounts: 507043490–5212999/81100010-5212999 Cover Memo Item # 31 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 31 Commission Meeting Agenda 6/19/2012 5:00 PM Minutes Department:Clerk of Commission Caption:Motion to approve the minutes of the regular meeting of the Commission held June 5, 2012 and Special Called Meeting held June 11, 2012. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 32 Commission Meeting Agenda 6/19/2012 5:00 PM Rescheduling Commission Meeting Department:Clerk of Commission Caption:Motion to approve the rescheduling of the July 3 Commission meeting to June 28, 2012. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 33 Commission Meeting Agenda 6/19/2012 5:00 PM Appointment District 3 Department: Caption:Motion to approve the appointment of Ms. Aimee Murphy to Animal Control Board representing District 3. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 34 Commission Meeting Agenda 6/19/2012 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: Cover Memo Item # 35