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HomeMy WebLinkAbout2012-12-05-Meeting Agenda Commission Meeting Agenda Commission Chamber 12/5/2012 5:00 PM INVOCATION: Reverend Earl Schafer, Interim Pastor, Advent Lutheran Church. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. Five (5) minute time limit per delegation DELEGATIONS A. MACH Academy, Inc. RE: Consideration for inclusion in the Augusta- Richmond County Athletic budget. Attachments CONSENT AGENDA (Items 1-14) PLANNING 1. Motion to approve an Ordinance to amend, update and make certain corrections to the Augusta, GA Code, Title Eight, Chapter Three Article One Section 8-3-1 relating to the incorporation of the Land Subdivision Regulations Article One through Article Six to repeal all ordinances and parts of ordinances in conflict herewith; to provide an effective date and for the other purposes provided herein. (Approved by the Commission on November 20, 2012 - second reading Attachments PUBLIC SERVICES 2. Motion to approve New Ownership Application: A.N. 12-47: A request by Tonya D. Capers for an on premise consumption Liquor, Beer and Wine license to be used in connection with Rendezvous At Three located at 1524 Gordon Highway. There will be Dance. District 2 Super District 9. (Approved by Public Services Committee November 26, 2012) Attachments 3. Motion to approve New Application: A.N. 12-48: A request by Dewayne Pearson for an on premise consumption Liquor, Beer and Wine License to be used in connection with Tru Ikonz Clubhouse & Sportsbar located at 1204 Ellis Street. There will be Dance. District 1 Super District 9. (Approved by Public Services Committee November 26, 2012) Attachments 4. Motion to approve New Ownership Application: A. N. 12-49: request by Hitoshi Kaneko for an on premise consumption Liquor, Beer & Wine License to be used in connection with Miyabi Kyoto Japanese Steak House located at 1315 Augusta West Parkway. There will be Sunday Sales. District 3. Super District 10. (Approved by Public Services Committee November 26, 2012) Attachments 5. Motion to approve contract for use of a consultant to identify previously undiscovered occupational tax revenue. (Approved by Public Services Committee November 26, 2012) Attachments 6. Motion to approve award of Bid Item 12-181, Butler Creek Park Project, to Beam's Contracting for $649,466.85. (Approved by Public Services Committee November 26, 2012) Attachments 7. Motion to deny amending Augusta-Richmond County Code Section 6-2, Alcoholic Beverages, so as to increase the retail alcohol license fees (off- premises consumption), and waive second reading effective 12/5/2012. (Approved by Public Services Committee November 26, 2012) Attachments ADMINISTRATIVE SERVICES 8. Motion to approve the renewal of existing Master Services Agreement with ADP to provide Health and Welfare services and Time and Labor Management services for Augusta, GA employees.(Approved by Administrative Services Committee November 26, 2012) Attachments PUBLIC SAFETY 9. Motion to approve/accept recommended service provider for RFP 12- 202 for the Augusta Judicial Circuit Drug Court in the amount of $234,000.00. (Approved by Public Safety Committee November 26, 2012) Attachments 10. Motion to approve the purchase of a stationary 2012 Bauer Breathing Air Compressor and Fill Station, model #VTC 18-E3 in the amount of $35,787.00 for the Fire Department. (Approved by Public Safety Committee November 26, 2012) Attachments FINANCE 11. Motion to approve new Certificate of Distribution of Local Option Sales Tax between Augusta, Georgia, Hephzibah, Georgia and Blythe, Georgia. (Approved by Finance Committee November 26, 2012) Attachments ENGINEERING SERVICES 12. Motion to approve an Ordinance to amend, update, and make certain corrections to the Augusta, Georgia Code, Title Seven Chapter Three Article Two Section 7-3-8 through 7-3-10; to repeal all Code sections and ordinances and parts of Code sections and ordinances in conflict herewith; to provide an effective date and for other other purposes provided herein. (Approved by the Augusta Commission November 20, 2012 - second reading) Attachments 13. Motion to approve the initital stages of the implementation of the stormwater fee program. (Approved by Engineering Services Committee November 26, 2012). Attachments PETITIONS AND COMMUNICATIONS 14. Motion to approve the minutes of the regular and legal meetings of the Commission held November 20 and Special Called Meeting held November 26, 2012. Attachments ****END CONSENT AGENDA**** AUGUSTA COMMISSION 12/5/2012 Upcoming Meetings www.augustaga.gov AUGUSTA COMMISSION REGULAR AGENDA 12/5/2012 (Items 15-17) PUBLIC SAFETY 15. Motion to approve the acceptance of the Georgia Emergency Management Agency's FY2008 Homeland Security Grant Program/State Homeland Security Grant Program from the Department of Homeland Security (DHS) in the amount of $40,000.00 Attachments ATTORNEY 16. Motion to authorize condemnation to acquire title of a portion of property for permanent drainage,utility and maintenance easement and temporary construction easement, (Parcel 061-4-003-03-0) 546 Laney- Walker Blvd. Ext. Attachments LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 17. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Commission Meeting Agenda 12/5/2012 5:00 PM Invocation Department: Caption:Reverend Earl Schafer, Interim Pastor, Advent Lutheran 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 12/5/2012 5:00 PM MACH Academy, Inc. Department: Caption:MACH Academy, Inc. RE: Consideration for inclusion in the Augusta-Richmond County Athletic budget. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 2 Attachment number 1 \nPage 1 of 1 Item # 2 Commission Meeting Agenda 12/5/2012 5:00 PM An Ordinance to amend, update, and make certain corrections to the Augusta, GA. Code Section 8-3-1 - Land Subdivision Regulations. Department:Planning & Development Department Caption:Motion to approve an Ordinance to amend, update and make certain corrections to the Augusta, GA Code, Title Eight, Chapter Three Article One Section 8-3-1 relating to the incorporation of the Land Subdivision Regulations Article One through Article Six to repeal all ordinances and parts of ordinances in conflict herewith; to provide an effective date and for the other purposes provided herein. (Approved by the Commission on November 20, 2012 - second reading Background:There is a need to make technical revisions to this Code Section to ensure accuracy and cohesiveness with respect to prior ordinances approved by the Commission. No substantive amendments are proposed by this revision. Analysis:The Home Rule Provision within the State of Georgia Constitution enacted in 1983, grants the governing authority of any county or municipality within the State of Georgia the power to: establish planning commissions; provide for the preparation and amendment of overall plans for the orderly growth and development of the municipalities and counties; provide for the regulation of structures on mapped streets, public building sites, and public open spaces; repeal conflicting laws; and for other purposes; and The Augusta, GA Planning Commission, created and organized under the terms of the aforementioned Home Rule Provision, made a study and analysis of the areas of Augusta, GA and presented an Ordinance regulating the subdivision of land in Augusta, Georgia; requiring and regulating the preparation and presentation of development plans and final plats for such improvements to be made or guaranteed to be made by the subdivider; setting forth the procedure to be followed by the Augusta, GA Planning & Development Department in applying these rules, regulations, and standards; and prescribing penalties for the violation of these rules, regulations, and standards; and The Augusta, GA Commission approved the “Land Subdivision Regulations” Ordinance No. 6175 on July 6, 1999; further amended by Ordinance No. 7288 enacted September 6, 2011; and Cover Memo Item # 3 Since adoption of Ordinance No. 6175 and Ordinance No. 7288, Augusta, GA identified areas of the Augusta, GA. Code Title Eight Article 1 Section 8-3-1 regarding the “Land Subdivision Regulations”; requiring, refinement, clarification and correction; and The refinement, clarification and correction as set forth in this ordinance properly accounts for Augusta, GA. Code Section 8-3-1 Incorporation of the Land Subdivision Regulations Article One through Article Six. Financial Impact:N/A Alternatives:N/A Recommendation:Approve. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Cover Memo Item # 3 ORDINANCE NO. _________________ AN ORDINANCE TO AMEND, UPDATE, AND MAKE CERTAIN CORRECTIONS TO THE AUGUSTA, GA. CODE, TITLE EIGHT, CHAPTER THREE ARTICLE ONE SECTION 8-3-1 RELATING TO THE INCORPORATION OF THE LAND SUBDIVISON REGULATIONS ARTICLE ONE THROUGH ARTICLE SIX TO REPEAL ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR THE OTHER PURPOSES PROVIDED HEREIN. WHEREAS, the Home Rule Provision within the State of Georgia Constitution enacted in 1983, grants the governing authority of any county or municipality within the State of Georgia the power to: establish planning commissions; provide for the preparation and amendment of overall plans for the orderly growth and development of the municipalities and counties; provide for the regulation of structures on mapped streets, public building sites, and public open spaces; repeal conflicting laws; and for other purposes; and WHEREAS, Augusta, GA Planning Commission, created and organized under the terms of the aforementioned Home Rule Provision, made a study and analysis of the areas of Augusta, GA and presented an Ordinance regulating the subdivision of land in Augusta, Georgia; requiring and regulating the preparation and presentation of development plans and final plats for such improvements to be made or guaranteed to be made by the subdivider; setting forth the procedure to be followed by the Augusta, GA Planning & Development Department in applying these rules, regulations, and standards; and prescribing penalties for the violation of these rules, regulations, and standards; and WHEREAS, Augusta, GA Commission approved the “Land Subdivision Regulations” Ordinance No. 6175 on July 6, 1999; further amended by Ordinance No. 7288 enacted September 6, 2011; and WHEREAS, Since adoption of Ordinance No. 6175 and Ordinance No. 7288, Augusta, GA identified areas of the AUGUSTA, GA. CODE Title Eight Article 1 Section 8-3-1 regarding the “Land Subdivision Regulations”; requiring, refinement, clarification and correction; and WHEREAS, the refinement, clarification and correction as set forth in this ordinance properly accounts for AUGUSTA, GA. CODE Section 8-3-1 Incorporation of the Land Subdivision Regulations Article One through Article Six. NOW THEREFORE, THE AUGUSTA, GEORGIA COMMISSION ordains as follows: SECTION 1. AUGUSTA, GA. CODE Title Eight Chapter Three Section 8-3-1 as set forth in the AUGUSTA, GA. CODE, re-adopted July 10, 2007, is hereby further amended by striking said in their entirety as set forth in “Exhibit A” hereto. Attachment number 1 \nPage 1 of 5 Item # 3 SECTION 2. AUGUSTA, GA. CODE Title Eight Chapter Three is hereby amended by inserting in lieu thereof a new Code Section 8-3-1 as set forth in “Exhibit B” hereto. SECTION 3. This ordinance shall become effective upon its adoption in accordance with applicable laws. SECTION 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this _____ day of ______________, 2012. __________________________________________ David S. Copenhaver As its Mayor Attest: ____________________________________ Lena J. Bonner, Clerk of Commission SEAL: Attachment number 1 \nPage 2 of 5 Item # 3 CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission on ____________________, 2012, and that such Ordinance has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordinance which was approved and adopted in the foregoing meeting(s). Lena J. Bonner, Clerk of Commission 1st Reading_________________ 2nd Reading_________________ Published in the Augusta Chronicle. Date: Attachment number 1 \nPage 3 of 5 Item # 3 EXHIBIT A Sec. 8-3-1. Incorporation of subdivision regulations. The Land Subdivision regulations for the former City of Augusta and former unincorporated Areas of Richmond County, Georgia, as adopted on November 1, 1971, and subsequently revised, consisting of article 1 through article 2 inclusive (the Subdivisions Regulations), are included as an Appendix to this Code and are hereby incorporated in this section as if set out in full herein. Attachment number 1 \nPage 4 of 5 Item # 3 EXHIBIT B Sec. 8-3-1. Incorporation of subdivision regulations. The Land Subdivision regulations for the former City of Augusta and former unincorporated Areas of Richmond County, Georgia, as adopted on November 1, 1971, and subsequently revised, consisting of all articles inclusive of the Subdivisions Regulations, are included as an Appendix to the AUGUSTA, GA CODE and are hereby incorporated in this section as if set out in full herein. Said Appendix (the Subdivisions Regulations) is maintained by the Planning & Development Department and filed in the Office of the Clerk of Commission. Attachment number 1 \nPage 5 of 5 Item # 3 Version 10-25-2012 REDLINE Sec. 8-3-1. Incorporation of subdivision regulations. The Land Subdivision regulations for the former City of Augusta and former unincorporated Areas of Richmond County, Georgia, as adopted on November 1, 1971, and subsequently revised, consisting of all articles article 1 through article 2 inclusive of (the Subdivisions Regulations), are included as an Appendix to the AUGUSTA, GA CODE this Code and are hereby incorporated in this section as if set out in full herein. Said Appendix (the Subdivisions Regulations) is maintained by the Planning & Development Department and filed in the Office of the Clerk of Commission. Attachment number 2 \nPage 1 of 1 Item # 3 Commission Meeting Agenda 12/5/2012 5:00 PM Alcohol Application Department:Planning & Development Caption:Motion to approve New Ownership Application: A.N. 12-47: A request by Tonya D. Capers for an on premise consumption Liquor, Beer and Wine license to be used in connection with Rendezvous At Three located at 1524 Gordon Highway. There will be Dance. District 2 Super District 9. (Approved by Public Services Committee November 26, 2012) Background:This is a new ownership application. Formerly in the name of Latron Ware. Analysis:The applicant meets the requirements of the City of Augusta Alcohol Ordinance. Financial Impact:The applicant will pay a pro-rated fee of $2,660.00. 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 # 4 Attachment number 1 \nPage 1 of 2 Item # 4 Attachment number 1 \nPage 2 of 2 Item # 4 Commission Meeting Agenda 12/5/2012 5:00 PM Alcohol Application Department:Planning & Development Caption:Motion to approve New Application: A.N. 12-48: A request by Dewayne Pearson for an on premise consumption Liquor, Beer and Wine License to be used in connection with Tru Ikonz Clubhouse & Sportsbar located at 1204 Ellis Street. There will be Dance. District 1 Super District 9. (Approved by Public Services Committee November 26, 2012) Background:This is a new ownership application. Analysis:The applicant meets the requirements of the City of Augusta Alcohol Ordinance. Financial Impact:The applicant will a pro-rated fee of $755.00. 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 # 5 Attachment number 1 \nPage 1 of 2 Item # 5 Attachment number 1 \nPage 2 of 2 Item # 5 Commission Meeting Agenda 12/5/2012 5:00 PM Alcohol Application Department:Planning & Development Caption:Motion to approve New Ownership Application: A. N. 12-49: request by Hitoshi Kaneko for an on premise consumption Liquor, Beer & Wine License to be used in connection with Miyabi Kyoto Japanese Steak House located at 1315 Augusta West Parkway. There will be Sunday Sales. District 3. Super District 10. (Approved by Public Services Committee November 26, 2012) Background:This is new ownership. Formerly in the name of Koichiro Maeda. Analysis:The applicant meets the requirements of the City of Augusta Alcohol Ordinance. Financial Impact:The applicant will pay a pro-rated fee of $3,492.50 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 # 6 Attachment number 1 \nPage 1 of 2 Item # 6 Attachment number 1 \nPage 2 of 2 Item # 6 Commission Meeting Agenda 12/5/2012 5:00 PM Approve a contract for consultant to discover and collect occupational tax revenue Department:Planning and Development Caption:Motion to approve contract for use of a consultant to identify previously undiscovered occupational tax revenue. (Approved by Public Services Committee November 26, 2012) Background:At the July 17, 2012 meeting the commission unanimously approved moving forward with this initiative which began at the July 13, 2011 retreat. At the retreat staff was directed to pursue additional revenue including the hiring of a “headhunter” to identify and collect previously undiscovered business license revenue. Staff proceeded cautiously refining and narrowing down the initiative to the most achievable and likely to succeed portions of the original scope. We now have a contract ready for execution that provides clear responsibilities for the City and for the contractor, and we believe that it is very favorable for the City. It has been approved by Legal, Finance, and IT. Funds were identified to make minor necessary software modifications which have been completed and the only other cost that the City might have to incur would be for use of the consultant’s clerks to input data if we choose to use them instead of our own employees. Analysis:The contract provides an opportunity to collect revenue that is currently due that would otherwise not be discovered and also for the staff to have the benefit of working with the consultants who have a history of success in similar endeavors. Financial Impact: Alternatives:Approve or Deny Recommendation:Approve, allow Staff to make minor editorial revisions to contract. Funds are Available in the Following Accounts: Contract would pay the City 50% of all revenue discovered and collected. Clerical costs are included in the department’s 2013 budget, but they may not be needed and will almost certainly be Cover Memo Item # 7 less than revenue generated. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 7 AGREEMENT WHEREAS, The Augusta Code at 2-1-1, 2-2-20, and 2-2-36 provides for the collecting of an occupational tax for engagement in a business, trade, occupation, or profession in Augusta, Georgia; and WHEREAS, Augusta (hereafter City) wants to assure that all due revenue from occupational taxes have been collected and to that end solicited interest from revenue consultants in entering an agreement to search for and collect previously undiscovered delinquent occupational tax revenue; and WHEREAS, A Private Company (hereafter PReMA Corp.) submitted a proposal which was accepted by the Augusta Commission on July 17, 2012 subject to their subsequent approval of an agreement between both parties and identification of funds to cover associated costs outside the agreement; and OW THEREFORE, in consideration of the covenants and promises contained herein, Augusta and PReMA Corp. mutually agree as follows: A. Project Start Date. PREMA Corp shall begin providing the City with revenue services for the identification of non-compliant businesses in Augusta and the collection of the appropriate license taxes and fees with respect to Occupation Tax; to include non-compliant businesses that do not possess a fully paid 2012 Business Tax Certificate, upon authorization to proceed and execution of this document. Mobilization and start-up activities (e.g. software configuration, activation of databases, preparation of business notifications and forms) will be performed in preparation of field work activities to begin within three to four weeks of mobilization. B. Departmental Cooperation. Both the City and PREMA Corp understand and realize that this is a contingency funded project and that the success of the project is totally dependent on a cooperative and supportive attitude from the Department, its Revenue staff, and its Court of Law, the City hereby agrees that its revenue staff and/or inspectors will not conduct field inspections for purposes of identifying or discovering unlicensed and/or non-compliant businesses that are eligible for discovery and compensation by PReMA for the period commencing on the date of approval of contract documents by the Commission of Augusta, Georgia until 120 days following such approval. This would not prohibit the City from collecting the occupation tax from any business newly established within 30 days prior to the project start date who comes to the office or otherwise contacts the office voluntarily, provided the person, company, or business does not appear on the PReMA Corp Master Inventory List. The City agrees that prior to issuance of a business occupation tax certificate under the circumstances mentioned above, they will check the PReMA Corp Master List and if that person or business name appears on the PReMA Master List, then the business occupation tax application and related documents will be clearly and distinctly marked REP, (Revenue Enhancement Project) and PReMA Corp will be entitled to compensation based on the revenue collected. This provision will serve to avoid confusion on the part of the taxpayers, provide the City and the Consultant with the greatest opportunity to succeed, and avoid financial losses. Attachment number 1 \nPage 1 of 13 Item # 7 2 C. Applicable Taxes. Services provided by PREMA shall be limited to the Business License/Occupation Tax or such other revenues as the City may determine and request PReMA Corp to provide services to identity and collect those additional revenue sources including audits of revenue accounts as authorized by the City D. Eligibility of Business Tax and License Accounts for Discovery and Compensation. The City and PREMA Corp agree that all non-compliant businesses (excluding businesses with a fully paid 2012 Business Tax Certificate)), business activity or transactions discovered by PREMA Corp shall be eligible for inclusion and calculation for compensation unless the business holds a 2012 Business Tax Certificate valid upon authorization to proceed and execution of this document. D.1. All discoveries that do not appear on Augusta’s Business License and Tax database which have not paid the required occupation tax and obtained a 2012 Business Tax Certificate upon authorization to proceed and execution of this document shall be eligible for inclusion in Consultants compensation. The period of eligibility shall include all years consistent with City Ordinances, Codes, Statue of Limitations, Franchise Agreements, and current City practices which includes license years 2009 through 2012. E. Collection of Applicable Taxes and/or Fees. PREMA Corp will begin collecting the applicable taxes, fees, penalties, and interest on the project start date and will continue to collect the applicable taxes and fees until such time as this Agreement expires or is terminated. Disbursements, net of PReMA Corp fees, will be made by either wire transfer or by ACH into City’s designated account on a weekly basis during the filing and payment period for the respective applicable taxes, fees, penalty and interest collected, provided the taxpayer(s) has paid in full for all applicable years and a minimum of $500 is available to disburse. Reports provided as part of the Scheduled Services will be provided to City with Reports of Disbursement. Twenty-four hour access to collection data and taxpayer reporting will be made available to City’s designated staff via internet access. F. Provision of Client Data. The City shall provide PREMA Corp with the most current and active business database including, but not limited to, business name, dba name, physical address, account number, and most recent Business Tax Certificate effective data no later than thirty (30) days prior to the project start date. As of the Project Start Date, ALL eligible businesses, as defined in Section D of this Agreement , will be subject to the terms of this schedule. F.1. Due to the complexity of the data scheme, the presence of many related tables used in the fee generation process, and the interaction required by the tables with software code to make tax calculations, the database information provided to PREMA Corp shall not include tax fee tables or other related parent/child tables. City is likewise not obligated to provide PREMA Corp with proprietary software code, programs,data inquire language, or excerpts, printouts, or exports thereof. G. Scope of Services. PReMA Corp will provide the following services relative to discovery of non-compliant businesses in Augusta, Georgia for all years applicable: Attachment number 1 \nPage 2 of 13 Item # 7 3 G.1. Inventory. The initial process will include, but not be limited to: G.1(a) Physical identification and personal contact with the business as necessary. Both parties recognize that there may be entities such as institutions and industries that are either exempt under federal, state, or local laws, or are properly licensed but may have under their “umbrella” individuals who are independent contractors or who conduct independent activities at a single location in the City that may require a business license. It is agreed that, PREMA Corp will contact management of such entities to seek management's cooperation before contacting individuals or individual independent contractors. Should PReMA be unable to secure cooperation of Management and a list of independent contractors for which the aforesaid entities conduct business with and are under their “umbrella,” then PReMA will notify the City informing them of the lack of cooperation or refusal of the entity to provide a list of such independent contractors or individuals. G.1(b) Identification of specific location where business clusters may be located. This information can be utilized by the City to assign GEO code designations to the Client’s map. GEO code designations will assist the City in economic development trends, financial trends and analyses, etc. G.1(c) Identify and confirm businesses that have business presence (nexus) in Augusta, Georgia but are located outside of Augusta. The City understands that not all businesses providing services and products in Augusta but who do not have a physical address in Augusta, can be identified during the term of the field inventory process. G.1(d) Telephone and Internet investigations G.1(e) Comparison of all available data to listing of businesses currently licensed (e.g. Georgia Secretary of State, Augusta Chamber of Commerce etc.) G.1(f) Send written notices of the requirement for license: G.1(f)(1) Deliver and/or mail a First Notice G.1(f)(2) Follow up with mailing a Second and Third/Final Notice of Tax and License requirement G.1(f)(3) PReMA Corp will advise designated City staff of license/tax status if no response to Third and Final Notice and City staff and/or City Attorney with documentation required for further enforcement to be done at the discretion of the City. G.2. Internet Access. The City will be provided with secure internet access to view and download real-time data from PREMA Corp’s licensing records twenty-four hours a day, seven days a week. Attachment number 1 \nPage 3 of 13 Item # 7 4 G.3. Cross Reference. PREMA Corp will coordinate with the City’s Auditors to cross reference businesses and vendors to maximize compliance G.4. Collections Services. PREMA Corp will collect the appropriate taxes, fees, penalty, and interest on behalf of the City. G.4(a) Receive license applications G.4(b) Follow up with occupation tax, fee, penalty, and interest calculations and invoicing G.4(c) Receive all occupation tax payments via PReMA Corp fbo Augusta bank lock box G.4(d) Provide the City with taxpayer information, payment information, and other documentation provided to PReMA Corp by taxpayer on paid-in-full taxpayer accounts for the City’s final review and City’s issuance of applicable year’s business tax certificates. G.4(e) Deposit, via either ACH or wire transfer, occupation taxes, fees, penalty and interest amounts received on behalf of the City directly into the City’s designated bank account during the collection phase of the Project, after deduction of PREMA Corp’s contingency fee. G.4(f) Provide the City with report of taxpayer activity along with deposit. G.4(g) Data Entry/License Clerk. PReMA Corp will provide one full time employee (FTE) on-site in the City's License Department. This full time employee shall be an employee of PReMA and not the City for any purpose. PReMA employee will provide, on behalf of the City, data entry and account maintenance for all newly discovered taxpayer accounts as a result of the Revenue Enhancement Project in accordance with Section J.4. Employee may also serve as the point of contact for taxpayers seeking assistance with payment of Occupation Tax invoices as a result of the Revenue Enhancement project. The initial term of this provision shall be for a twelve month period beginning with the first deposit date of revenue, however it is understood and agreed that the services will be provided on a month to month basis until such time as the progress of the project is suitable for transition of responsibilities to a City employee as determined by the City. PReMA will use it’s best efforts to facilitate an orderly and timely transfer of the services to the City. G.5. Delinquencies. PReMA Corp will provide taxpayer delinquency notification (up to three notices and/or invoices, including final notice/invoice) before turning over to the City for further enforcement/collection. G.6. Delinquent Closeout. The City shall be advised by PReMA Corp of any amounts outstanding or of non-responsive taxpayers after the 3rd and Final Invoice Attachment number 1 \nPage 4 of 13 Item # 7 5 and/or third and final notice, respectively, has been provided to taxpayer. Two categories of taxpayers will be identified: (1) Taxpayers who have been invoiced, but have not paid in full; and (2) Taxpayers who have not responded to Notice(s) of Non-Compliance. The City shall take whatever action is necessary and appropriate in the determination of the City to collect said amount. . G.7. Call Center. PReMA Corp will provide the City and taxpayer with a call center for customer service during the PReMA’s normal business hours via a toll-free number. G.8. Documentation. PREMA Corp will provide the City with the following documentation: G.8(a) Schedule of current month Occupation Tax and Fee remittances by taxpayer and indicating period covered by remittance; G.8(b) Summary indicating gross collections, fee for services, and net collections for the period, including the total amount deposited in the City’s account on each deposit date. G.9. Deposit of Funds. PREMA Corp will ensure that tax amounts received on behalf of the City will be deposited directly into the City’s designated bank account no less than once per week during the Revenue Services project, provided the taxpayer account has been paid in full for all years applicable and funds available to deposit are at least $500. H. City Assistance. City shall assist PREMA Corp as follows: H.1. Interpretation of Applicable Ordinances and Codes. City staff will provide assistance related to interpretation of City ordinances and codes as well as interpretation of the structure of the data provided to PReMA. H.1(a) PReMA Software Configuration. City staff will provide information required for PReMA's software configuration via a question and answer format and/or data configuration template. PReMA Corp may ask questions throughout the configuration process for accurate and concise information. H.2. Maps and Boundaries. Provide City boundary address information and maps for Augusta-Richmond County. Maps should provide boundary information for the City of Hephzibah and the town of Blythe. H.3. Provide license application form. H.3(a) The City will allow temporary modification of business license application form to include all applicable and required information from business, including other data as may be required to adequately process application for immediate calculation for invoice. Attachment number 1 \nPage 5 of 13 Item # 7 6 H.4. Provide other forms as may be required to administer collection of required taxes, fees, penalty, and interest. H.5. Provide applicable Codes and other documents relating to the City’s Occupation Tax requirements, and approved letters and forms for use in notification of the City’s licensing requirements. H.6. Approve identification badges, business cards, and other identifier determined to be necessary for field operations. H.7. Security for field personnel as agreed upon on a case by case basis by both parties. I. Obligation of City. I.1. City furnished data. In addition to any obligations of City set forth elsewhere in this Agreement, City will promptly provide to PReMA Corp all data in City’s possession relating to or which may be necessary for PREMA Corp’s performance of the Services, with limitations as identified in Section F.1 of this Agreement. PReMA Corp shall be permitted to rely on the accuracy, timeliness, and completeness of the information provided by the City, and in no event shall PReMA Corp be liable to the City as a result of such reliance. I.2. Calculation Tests. City will furnish to PReMA Corp a maximum of forty (40) testing scenarios to ensure that the calculation of tax fees is done in accordance with City's Business Occupation Tax Ordinance relative to each year's rate schedule(s), fees, penalties, and interest. Prior to the Start of the project, PReMA Corp and the City will mutually agree that the tax calculation methods employed by PReMA Corp, and used upon Augusta business data, is acceptable. City will provide test results and confirmation of approval to PReMA Corp to move forward within five days of submission of calculation scenarios to City. I.3. Access to facilities and property. City will make its facilities accessible to PReMA Corp during the City’s regular office hours as required for PReMA Corp to perform the services, including an office for up to four field staff and access to the City's internet service. Access to City computer equipment, system software, and network will be limited to a computer(s) at the Planning and Development Office with credentials equivalent to those of a business license clerk, with the exception of the cashiering module (which is not required for this process). City staff will be available during the City’s regular office hours to assist PReMA Corp or temporary employees with questions related to City records, processes, and data. I.4. Timely Review. City will promptly examine PReMA Corp’s reports, specifications, notices, proposals, and other documents. In the event that a decision is Attachment number 1 \nPage 6 of 13 Item # 7 7 required of City in order for PReMA Corp to perform the Services, City shall render such decision in writing in a timely manner. I.5. Litigation Assistance. The Services do not include services that PReMA Corp may be required or requested to provide to bring or to defend in litigation undertaken or defended by City (“Litigation Services”). Costs and expenses related to such litigation services required or requested by PReMA Corp by City will be reimbursed by City at PReMA Corp’s actual cost. J. Fees. City shall pay PREMA Corp the following fees in connection with the performance of the Scheduled Services: J.1. A fee of 50% of collected Occupation Taxes and related fees, penalties and interest and remitted to the City during the term of this Agreement and as provided in Section G.4 above. J.2. A fee of 50% of total tax, fees, penalties, and interest due and payable and collected by the City as provided in Section G.6 for those taxpayers who have not paid in full. J.3. J.4. A total fee of $62,400 per year, (invoiced at $5,200 per month) for services of full time data entry/license clerk on a month to month basis to be located in the City's License Department as provided in Section G.4(g). J.5. In the event that the Fees consist of an hourly component, the City acknowledges and agrees that PReMA Corp may perform the Services using labor from PReMA Corp's affiliated companies, and such labor shall be billed to Client under the same billing terms applicable to PReMA Corp's employees. K. Expenses. No expenses incurred by PReMA Corp in the course of performing the Services shall be invoiced to the City unless approved in advance by the City. L. Invoices and Terms of Payment. L.1. Submission of Invoices. City acknowledges and agrees that the fees earned in the collection of Business Occupation Taxes (e.g. business license fees) by PReMA Corp pursuant to this Agreement will be withheld by PREMA Corp from the remittances paid to the City in connection with its performance of the Services; provided however, that with respect to such fees and reimbursable expenses PReMA Corp shall issue to the City a monthly statement setting forth the manner in which such fees and Attachment number 1 \nPage 7 of 13 Item # 7 8 reimbursable expenses were determined and the amount withheld with respect to the payment of such fees and reimbursable expenses. L.2. Payment of Invoices; Accrual of Interest on Unpaid Balances. Invoices, if applicable, are due and payable on receipt. Interest shall accrue on all unpaid balances at a rate of one and one-half percent (1½%) per month or the maximum rate permitted by law, whichever is less. Said interest will begin to accrue on the thirtieth (30th) day following the date the invoice is received. Payments will first be credited to interest then to principal. In the event that the City disputes or contests an invoice, only that portion so disputed or contested in good faith shall be withheld from payment and the undisputed portion shall be paid. Interest shall accrue on any contested portion of the invoice and shall be payable immediately if the contested invoice is resolved in favor of the PREMA Corp. L.3. Failure to Timely Pay Invoices; Suspension of Services. If the City fails to fully pay an invoice within 30 days of the date due of the payment of said invoice, PReMA Corp may, after giving thirty (30) days written notice to the City, suspend the rending of Services under the Agreement until said invoice is paid in full, together with all interest that has accrued thereon. In the event of suspension of services under this Section L.3, PReMA Corp will have no liability to the City for delays or damages caused by the City because of such suspension of services. M. Standard of Care; Insurance M.1. Standard of Care. The standard of care applicable to PReMA Corp’s provision of the services will be the degree of skill and diligence normally employed by professionals performing the same or similar services within the State at the time PReMA Corp's services are performed. M.2. Insurance. Throughout the term of the Agreement PREMA Corp shall maintain the following insurance: M.2(a) Worker’s Compensation Insurance. Workers compensation and employers liability insurance as required by the State. M.2(b) Automobile and vehicle liability insurance. Comprehensive automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damage to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, non-owned, or hired vehicles, with $1 million combined single limits. Attachment number 1 \nPage 8 of 13 Item # 7 9 M.2(c) Professional liability insurance. Professional liability insurance covering claims for any error or omission, with $1,000,000 limit of liability. N. General Legal Provisions. N.1. Authorization to Proceed. City authorizes PReMA Corp to proceed with providing the Services and hereby designates PReMA Corp as an Agent acting for and on behalf of Augusta, Georgia unless otherwise provided for in this Agreement. N.2. Force Majeure. PReMA Corp is not responsible for damages or delay in performance caused by acts of God, strikes, lockout, accidents, or other events beyond the control of PReMA Corp. N.3. Limitation of Liability. PReMA Corp’s liability for City damages, in the aggregate, shall not exceed the total fees received by PReMA Corp under this Agreement. PReMA Corp shall not be liable for fines or civil penalties, which may be imposed by a regulatory agency, which are occasioned by the provision of the Services. The limitations of liability contained in this section shall apply whether PReMA Corp’s liability arises under breach of contract or warranty; tort, including negligence; strict liability; statuary liability; or any other cause, except for willful misconduct or gross negligence. Said limitations shall apply to PReMA Corp’s officers, directors, affiliated corporations, employees, and subcontractors. N.4. Indemnification. PReMA Corp shall indemnify and hold City harmless from any and all claims, damages, losses, and expenses, including litigation costs and attorney’s fees, to the extent that such are due to the gross negligence or willful misconduct of PReMA Corp directly related to performance of the Services. Similarly, the City shall indemnify and hold PReMA Corp harmless from any and all claims, damages, losses, and expenses, including litigation costs and attorney’s fees, to the extent that such are due to gross negligence or willful misconduct of the City directly related to PReMA Corp’s performance of the Services. N.5. Consequential Damages. To the maximum extent permitted by law PReMA Corp and PReMA Corp’s affiliated corporations, directors, officers, employees, and subcontractors shall not be liable to the City for special, indirect or consequential damages, whether such damages arise out of breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action. In order to protect PReMA Corp against indirect liability or third-party proceedings the City will indemnify PReMA Corp for any such damages. N.6. Amendment. No amendment/termination of any provision of this Agreement of the Appendices shall be valid unless the same shall be in writing and Attachment number 1 \nPage 9 of 13 Item # 7 10 signed by all of the parties. No waiver by any party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights by virtue of any prior or subsequent such occurrence. N.7. Termination. This Agreement shall become effective on the Agreement date and shall continue to be in force for one year after which time for 60 days thereafter PReMA Corp may continue to collect revenue from collection efforts initiated within the initial one year period. The Agreement may be terminated by either party for cause upon ninety (90) days written notice to the other party, if either party fails to substantially perform through no fault of the other and does not commence correction of such nonperformance within thirty (30) days of written notice and diligently complete the correction thereafter. On termination, PReMA Corp shall be paid all Fees earned and Reimbursable Expenses incurred though the termination date. This Agreement may be terminated at any time upon agreement by both parties and it can be extended or amended at any time by agreement of both parties. N.8. Severability and Survival. If any of the provisions in this Agreement are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions shall not be impaired thereby. Notwithstanding any other provision of this Agreement (including, without limitation. (THIS SECTION WILL HAVE TO BE REVISED) N.9. No Conflict of Interest. This Agreement shall not preclude PReMA Corp from making proposals on or providing similar services to the City in the future. Without limiting the forgoing, information and knowledge gained by PReMA Corp in providing the Services shall not create or constitute a conflict of interest in making proposals on or providing additional services to the City. N.10. Non-Exclusive Provider to City. The Agreement shall not limit the right of PReMA Corp to contract with other persons or entities to provide merchandise or services of kind whatsoever, but not limited to services similar to the Services, nor shall this Agreement prohibit or limit PReMA Corp in any way from providing such services. N.11. Jurisdiction. The laws of the State of Georgia shall govern the validity of this Agreement, its interpretation and performance, and any other claims related to it. N.12. Cost and Expenses of Legal Action. If either party is required to bring legal action to enforce their rights under this Agreement or as the result of a breach of this Agreement, the costs and expenses of the prevailing party, including reasonable attorneys’ fees, shall be paid by the non-prevailing party. Attachment number 1 \nPage 10 of 13 Item # 7 11 N.13. No Third Party Beneficiaries, Services Limited to Agreement. This Agreement gives no rights or benefits to anyone other than the City and PReMA Corp and has no third party beneficiaries. The Services to be performed for the City by PReMA Corp are defined solely by this Agreement and the Appendices, and not by any other contract or agreement that may be associated with the performance of Services. N.14. Assignments. This is a bilateral personal services Agreement. Neither party shall have the power to or will assign any of the duties or rights or any claim arising out of or related to this Agreement, whether arising in tort, contract or otherwise, without the written consent of the other party. Any unauthorized assignment is void and unenforceable. The Agreement is binding on the successors and assigns of the parties hereto. N.15. Confidentiality and Nondisclosure. The City and PReMA Corp shall hold in the strictest of confidence any confidential information obtained during the term of this Agreement, which shall include any material, data, or information disclosed by either party to the other and not previously known by or disclosed to the public or to third persons, and shall include, without limitations, trade secrets, confidential reports, financial and operational information, customer, subscriber and contact lists, and other matters relating to the operation of the businesses the City and PReMA Corp (“Confidential Information”). Such Confidential Information will be kept strictly confidential by the Client and PReMA Corp, its elected officials, employees, advisors or agents (“Representatives), and except for disclosures made to Representatives who need to know in order to carry out this Agreement and/or persons, firms or corporations specifically designated by PReMA Corp, the City and PReMA Corp shall not communicate or disclose any Confidential Information to any person, firm or corporation or use any such Confidential Information for its own account. Confidential Information shall not include: (a) any information that was part of the public domain when received or becomes a part of the public domain through no action or lack of action by the Client, (b) prior to disclosure, was already in possession and not subject to any obligation or (c) subsequent to disclosure, is obtained from a third party who is lawfully in possession of the information and not subject to a contractual relationship the parties with respect to the information. N.16. Ownership of Work Products and Intellectual Property. All of the work product of PReMA Corp in performing the Services (including all the rights related to such work products) shall be the sole property of PReMA Corp, subject to the rights of the City, as the case may be. All reports, data, information, documents, specifications, flowcharts, discoveries, know-how, inventions, processes, firmware, computer software, source and object code, and software documentation as well as any resulting intellectual property, including by limited to, invention disclosures, provisional patent applications, Attachment number 1 \nPage 11 of 13 Item # 7 12 regular patent applications, patents, trade secrets, proprietary information, copyrights, trademarks, service marks, domain names, trade dress, and moral rights developed during the course of, or as a result of, providing the Services shall be the sole property of PReMA Corp, subject to the rights of the City, as the case may be. N.17. Notices. All notices under the Agreement will be in writing and will be deemed to have been given when such notice is (i) when delivered by the United States Postal Service First-Class Certified Mail, Return Receipt Requested, (ii) when delivered by express courier service, or (iii) when telecopied. Notices will, unless another address is specified in writing, be sent to the address indicated below: Notices to PREMA Corp: PREMA Corp Attention: Don Howell 149 Pine Shadows Dr Eclectic, AL 36024 E-Mail: premacorp@msn.com With a copy (which shall not constitute notice) to: Cabaniss, Johnston, Gardner, Dumas & O’Neal LLC Attention: Anna F. Buckner Esq. 2001 Park Place N Suite 700 Birmingham AL 35203 Facsimile No. - 205-716-5389 Notices to City: City of Augusta, Georgia Attention: Mayor 530 Greene Street Augusta GA 30901 Facsimile No. – 706-821-1835 With a copy (which shall not constitute notice) to: Planning & Development Dept. George A. Patty 525 Telfair Street Augusta, GA 30901 Attachment number 1 \nPage 12 of 13 Item # 7 13 1.1. Entire Agreement. This Agreement, together with any Appendices now or hereinafter attached hereto, constitutes the entire agreement between the parties and supersedes any prior understandings, agreements, or representations by or between the parties, written or oral, to the extent they have related in any way to the subject matter hereof. 1.2. Headings. The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement. I WITESS WHEREOF , the parties hereto have executed, sealed, and delivered this Agreement through their duly authorized representatives, as of the day and year first written above. PReMA CORP: CLIET: PUBLIC RESOURCE MAAGEMET ALLIACE CORPORATIO AUGUSTA, GEORGIA By: Its President By: Its Mayor ATTESTED TO: ________________________________ Clerk of Commission Attachment number 1 \nPage 13 of 13 Item # 7 Commission Meeting Agenda 12/5/2012 5:00 PM Butler Creek Park Project Department:Recreation, Parks and Facilities Caption:Motion to approve award of Bid Item 12-181, Butler Creek Park Project, to Beam's Contracting for $649,466.85. (Approved by Public Services Committee November 26, 2012) Background:The Recreation, Parks and Facilities Department, the residents of the Northview Neighborhood and our consultants, W. K. Dickson have been working in partnership to provide a community park that reflects the best development our citizens can be proud to enjoy. Analysis:Twelve (12) firms participated in a mandatory pre-bid conference for this project. Four (4) compliant bids were received. Beam's Contracting was the low responsive bidder meeting all specifications in base bid and with the recommended acceptance of three (3) add alternates. Financial Impact:Funding for this project would be available from SPLOST VI approved funds within the Department's SPLOST VI allocations and from reprogrammed funds from a SPLOST V Goshen area project that never transpired. Alternatives:1. To Approve the award of Bid Item 12-181 to Beam's Contracting for $649,466.85. 2. Move No Action thus delaying the development of this important park project. Recommendation:1. To Approve Funds are Available in the Following Accounts: Recreation Splost Phase V and VI 325061110 - 206065011 328061110 - 211066901 328061110 - 210066601 REVIEWED AND APPROVED BY:Cover Memo Item # 8 Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 8 Invitation To Bid Sealed bids will be received at this office until Wednesday, August 29, 2012 @ 3:00 p.m. for furnishing: Bid Item #12-181 Butler Creek Trailhead Park for Recreation, Parks and Facilities Department BID’s will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 706-821-2422 BID documents may be examined at the office of the Augusta, GA Procurement Department, 530 Greene Street – Room 605, Augusta, GA 30901. Plans and specifications for the project shall be obtained by all prime, subcontractors and suppliers exclusively from ARC. The fees for the plans and specifications which are non-refundable are $100.00. It is the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate this policy the Owner is providing the opportunity to view plans online (www.e-arc.com) at no charge through ARC (706) 821-0405 beginning Thursday, July 19, 2012. Bidders are cautioned that submitting a package without Procurement of a complete set are likely to overlook issues of construction phasing, delivery of goods or services, or coordination with other work that is material to the successful completion of the project. Bidders are cautioned that acquisition of documents through any other source is not advisable. Acquisition of documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. A Mandatory Pre-Bid Conference will be conducted at the Procurement Department, 530 Greene Street, Room 605 on Wednesday, August 15, 2012 @ 10:00 a.m. in the conference room. 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 Friday, August 17, 2012 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. No BID may be withdrawn for a period of 60 days after time has been called on the date of opening. A 10% Bid Bond is required to be submitted in a separate envelope so marked along with the bidder’s qualifications’ a 100% performance bond and a 100% payment bond will be required for award. 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 BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle July 19, 26, 2012 and August 2, 9, 2012 Metro Courier July 25, 2012 cc: Tameka Allen Deputy Administrator Bill Shanahan Interim Direction, Recreation, Parks & Facilities Ron Houck Recreation, Parks & Facilities Department Revised: 8/15/2011 Attachment number 1 \nPage 1 of 1 Item # 8 VENDORS Attachment B E-Verify #Addendums 1 Bid Bond Base Bid Altenate Add/ Deduct #1 Altenate Add/ Deduct #2 Altenate Add/ Deduct #3 Beam's Contracting 15030 Atomic Road Beech Island, SC 29842 YES 167300 YES YES $547,357.85 $89,360.00 $7,108.00 $5,641.00 J & B Construction 3550 Gordon Hwy Grovetown, GA 30813 YES 229939 YES YES $582,900.00 $106,887.63 $48,000.00 $40,000.00 S D Clifton Construction 4324 Wheeler Rd Martinez, GA 30907 YES 212153 YES YES $722,950.00 $89,785.00 $17,893.00 $15,783.00 Mabus Construction 920 Molly Pond Road Augusta, GA 30901 YES 91818 YES YES $1,069,509.12 $87,638.10 $5,352.00 $4,462.23 Blair Construction P. O. Box 770 Evans, GA 30809 L-J Construction 220 Stoneridge Dr Columbia, SC 29210 Turner Mechanical 12384 Atomic Road Beech Island, SC 29842 Ammar Construction 4211 Smithfield Creek Evans, GA 30809 R D Brown 410 Carolina Springs N Augusta, SC 29841 Sitec 217 Fairfields St NE Aiken, SC 29801 Pinnacle International 2245 Towne Lake Pk Woodstock, GA 30189 Saido 500 Norwich #25 Augusta, GA 30909 Bid Item #12-181 Butler Creek Trailhead Park for Augusta, Georgia - Recreation, Parks & Facilities Department Bid Due: Tuesday, September 4, 2012 @ 3:00 p.m. Page 1 of 1 Attachment number 2 \nPage 1 of 1 Item # 8 Attachment number 3 \nPage 1 of 2 Item # 8 Attachment number 3 \nPage 2 of 2 Item # 8 Attachment number 4 \nPage 1 of 4 Item # 8 Attachment number 4 \nPage 2 of 4 Item # 8 Attachment number 4 \nPage 3 of 4 Item # 8 Attachment number 4 \nPage 4 of 4 Item # 8 Attachment number 5 \nPage 1 of 2 Item # 8 Attachment number 5 \nPage 2 of 2 Item # 8 Attachment number 6 \nPage 1 of 1 Item # 8 Commission Meeting Agenda 12/5/2012 5:00 PM Retail Alcohol License Fees Department:Planning & Development Caption:Motion to deny amending Augusta-Richmond County Code Section 6-2, Alcoholic Beverages, so as to increase the retail alcohol license fees (off-premises consumption), and waive second reading effective 12/5/2012. (Approved by Public Services Committee November 26, 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. At the June 11, 2012, Public Services meeting, the Committee considered increasing the retail alcohol licenses, and voted to hold the fees as they are for 2012, hold a public hearing for input, and discuss increasing the fees in late 2012…. The proposed fee amounts are based on the cost of on-premise consumption beer, wine and liquor 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 for a large restaurant are as follows: (Restaurant) Option 1 Retail Retail * On Premise - Large Existing Fees Proposed Fees Existing Fees Beer $665 $855 $665 Wine $665 $855 $665 Liquor $3,330 $4,280 $3330 Sunday Sales n/a n/a $1330 (* Includes Liquor Stores) Option 2: Liquor Stores can opt out of opening on Sunday (Restaurant) Retail Liquor Stores** Retail On Premise - Large Existing Fees Proposed Fees Proposed Fees Existing Fees Beer $665 $665 or $855 $855 $665 Wine $665 $665 or $855 $855 $665 Liquor $3,330 $3,330 or $4,280 n/a $3330 Sunday Sales n/a n/a $1330 (** Option: Open or Close on Sunday) Financial Impact:The proposed Ordinance amendment will provide additional Cover Memo Item # 9 revenue in the estimated amounts of: Option 1: $104,120 Option 2: $ 92,150 (35 liquor stores / 9 liquor stores may opt out.) Alternatives:Do not increase the retail alcohol license fees. Recommendation:N/A Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 9 ORDINANCE NO. ___________ OPTIO 1 AN ORDINANCE TO AMEND AUGUSTA-RICHMOND COUNTY CODE SECTION 6-2-67 (a) SO AS TO INCREASE AND ESTABLISH ALCOHOL LICENSE FEES; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY COMMISSIONERS AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME AS FOLLOWS: SECTIO 1 . Augusta-Richmond County Code Section 6-2-67 (a) is hereby amended to increase and establish alcohol license fees by deleting in its entirety, and substituting in lieu thereof the following, to wit: (a) When due and payable. When a license has been approved and granted, the same shall be paid for by certified check, cashier's check or money order for the full amount of the license fee. Amount. Each applicant shall pay a license fee as set out herein: Retail and Wholesale: (1) Class A: Consumption on premises beer $610.00 - $665.00 (2) Class B: Retail beer $855.00 (current fee $665.00) (3) Class C: Consumption on premises wine $610.00 - $665.00 (4) Class D: Retail wine $855.00 (current fee $665.00) (5) Class E: Consumption on premises liquor $3,055.00 - $3,330.00 (6) Class F: Retail liquor $4,280.00 (current fee $3,330.00) (7) Class G: Brewer, Manufacturer of Malt Beverages $665.00 (8) Class H: Brewpub Operator $665.00 (9) Wholesale liquor $6,050.00 (10) Wholesale beer $665.00 (11) Wholesale wine $135.00 Restaurants and Bars (On-premise consumption) Number of Seats: 1 – 50 51 – 70 71 – 90 91 – 100 101 plus Beer $610 $625 $635 $650 $665 Wine $610 $625 $635 $650 $665 Liquor $3055 $3115 $3175 $3235 $3330 Sunday Sales $1220 $1245 $1270 $1295 $1330 Alcohol Catering $365 $375 $380 $390 $400 Section 6. This ordinance shall become effective upon adoption. Section 7. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Duly adopted by the Augusta-Richmond County Commission this _________ day of ______________, 2012. AUGUSTA-RICHMOND COUNTY COMMISSION Attachment number 1 \nPage 1 of 2 Item # 9 By:________________________________________ As its Mayor ATTEST: ____________________________ Clerk First Reading: __________________ Attachment number 1 \nPage 2 of 2 Item # 9 ORDINANCE NO. ___________ OPTIO 2 AN ORDINANCE TO AMEND AUGUSTA-RICHMOND COUNTY CODE SECTION 6-2-14 (2) SO AS TO DEFINE OPERATING HOURS; SECTION 6-2-67 (a) SO AS TO INCREASE AND ESTABLISH ALCOHOL LICENSE FEES; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY COMMISSIONERS AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME AS FOLLOWS: SECTIO 1 . Augusta-Richmond County Code Section 6-2-14 (2) is hereby amended by deleting in its entirety, and substituting in lieu thereof the following, to wit: (2) Holders of a Class F license (off-premises consumption of liquor) shall not open for business earlier than 8:00 a.m. Monday through Saturday and may remain open for business until 11:45 p.m. Monday through Saturday. Holders of a Class F license (off-premises consumption of liquor) shall not open for business earlier than 12:30 p.m. on Sunday and may remain open for business until 11:30 p.m. on Sunday. Holders of a Class F.1 license (off-premises consumption of liquor) shall not open for business on Sunday. Holders of Class B.1 and D.1 licenses (off- premises consumption of beer and wine) who are licensed to sell liquor shall not open on Sunday. SECTIO 2 . Augusta-Richmond County Code Section 6-2-67 (a) is hereby amended to increase and establish alcohol license fees by deleting in its entirety, and substituting in lieu thereof the following, to wit: (a) When due and payable. When a license has been approved and granted, the same shall be paid for by certified check, cashier's check or money order for the full amount of the license fee. Amount. Each applicant shall pay a license fee as set out herein: Retail and Wholesale: (1) Class A: Consumption on premises beer $665.00 (2) Class B: Retail beer $855.00 (current fee $665.00) (2.A) Class B.1: Retail beer (Liquor Store – 6 day) $665.00 (current fee $665.00) (3) Class C: Consumption on premises wine $665.00 (4) Class D: Retail wine $855.00 (current fee $665.00) (4.A) Class D.1: Retail wine (Liquor Store – 6 day) $665.00 (current fee $665.00) (5) Class E: Consumption on premises liquor $3,330.00 (6) Class F: Retail liquor $4,280.00 (current fee $3,330.00) (6.A) Class F.1: Retail liquor (Liquor Store – 6 day) $3,330.00 (current fee $3,330.00) (7) Class G: Brewer, Manufacturer of Malt Beverages $665.00 (8) Class H: Brewpub Operator $665.00 (9) Wholesale liquor $6,050.00 (10) Wholesale beer $665.00 (11) Wholesale wine $135.00 Attachment number 2 \nPage 1 of 2 Item # 9 Restaurants and Bars (On-premise consumption) Number of Seats: 1 – 50 51 – 70 71 – 90 91 – 100 101 plus Beer $610 $625 $635 $650 $665 Wine $610 $625 $635 $650 $665 Liquor $3055 $3115 $3175 $3235 $3330 Sunday Sales $1220 $1245 $1270 $1295 $1330 Alcohol Catering $365 $375 $380 $390 $400 Section 6. This ordinance shall become effective upon adoption. Section 7. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Duly adopted by the Augusta-Richmond County Commission this _________ day of ______________, 2012. AUGUSTA-RICHMOND COUNTY COMMISSION By:________________________________________ As its Mayor ATTEST: ____________________________ Clerk First Reading: __________________ Second Reading: ________________ Attachment number 2 \nPage 2 of 2 Item # 9 Commission Meeting Agenda 12/5/2012 5:00 PM ADP Renewal of Master Services Agreement Department:Human Resources Caption:Motion to approve the renewal of existing Master Services Agreement with ADP to provide Health and Welfare services and Time and Labor Management services for Augusta, GA employees. (Approved by Administrative Services Committee November 26, 2012) Background:ADP currently provides Health and Welfare services (automated benefits services) and Time and Labor Management services (automated time tracking) for Augusta, GA employees. On October 2, 2012 Augusta received notice of renewal of the contract to provide these services. Analysis:There are no new services associated with this renewal - this is simply a continuation of the existing services that are provided by ADP. There is a 2.3% increase added to Health and Welfare services for 2013. There is no increase for Time and Labor Management services planned at this time. The total projected cost for 2013 will be $519,300. Financial Impact: Alternatives:Do Not Approve ADP Renewal of Master Services Agreement Recommendation:Approve ADP Renewal of Master Services Agreement Funds are Available in the Following Accounts: This will be funded from 101015510 and 616015221 for 2013. REVIEWED AND APPROVED BY: Cover Memo Item # 10 Attachment number 1 \nPage 1 of 2 Item # 10 Attachment number 1 \nPage 2 of 2 Item # 10 Commission Meeting Agenda 12/5/2012 5:00 PM Augusta Judicial Circuit Drug Court Department:Superior Court Caption:Motion to approve/accept recommended service provider for RFP 12-202 for the Augusta Judicial Circuit Drug Court in the amount of $234,000.00. (Approved by Public Safety Committee November 26, 2012) Background:RFP 12-202 seeks a qualified treatment service provider for counseling and case management of felony Drug Court participants. The evaluation committee recommends Steppingstones To Recovery LLC as the service provider beginning January 1, 2013 Analysis: Financial Impact: Alternatives: Recommendation:Approve Steppingstones To Recovery LLC as the service provider. Funds are Available in the Following Accounts: 220021111 $60,863 101021112/5212117 $38,137 205021111/5212117 $135,000 REVIEWED AND APPROVED BY: Cover Memo Item # 11 Attachment number 1 \nPage 1 of 10 Item # 11 Attachment number 1 \nPage 2 of 10 Item # 11 Attachment number 1 \nPage 3 of 10 Item # 11 Attachment number 1 \nPage 4 of 10 Item # 11 Attachment number 1 \nPage 5 of 10 Item # 11 Attachment number 1 \nPage 6 of 10 Item # 11 Attachment number 1 \nPage 7 of 10 Item # 11 Attachment number 1 \nPage 8 of 10 Item # 11 Attachment number 1 \nPage 9 of 10 Item # 11 Attachment number 1 \nPage 10 of 10 Item # 11 Request for Proposal Request for Proposals will be received at this office until Wednesday, October 17, 2012 @ 3:00 p.m. for furnishing: RFP Item #12-202 Drug Court Treatment Services for Augusta Judicial Circuit 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, October 1, 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 September 6, 13, 20, 27, 2012 Metro Courier September 12, 2012 cc: Tameka Allen Deputy Administrator Tom Gunnels Revised: 8/15/2011 Attachment number 2 \nPage 1 of 1 Item # 11 Evaluation Criteria PTS Anka Behaviorial Health 1850 Gateway Blvd., Suite 900 Concord, CA 94520 Steppingstones to Recovery 2610 Commons Blvd Augusta, GA 30909 1. Company Background 15 9.25 12.75 2. Financials 5 3.75 4.25 3. Litigation 5 3.75 4 4. Personnel Qualifications 25 14.75 21.25 5. Relevant Work 20 12.5 18.5 6. Project Approach / Understanding 30 21.25 26.25 Total 100 65.25 87 Cumulative Evaluation Sheet - RFP Item #12-202 Drug Court Treatment Services for Augusta, Georgia - Augusta Judicial Circuit Attachment number 3 \nPage 1 of 1 Item # 11 Attachment number 4 \nPage 1 of 1 Item # 11 Attachment number 5 \nPage 1 of 2 Item # 11 Attachment number 5 \nPage 2 of 2 Item # 11 Attachment number 6 \nPage 1 of 3 Item # 11 Attachment number 6 \nPage 2 of 3 Item # 11 Attachment number 6 \nPage 3 of 3 Item # 11 RFP Item #12-202 Drug Court Treatment Services - Appeal Process Proposal packages were received on Wednesday, October 17, 2012. Four (4) vendors responded. Two (2) were deemed as non-compliant as follows: Jones Behavioral Health - Failure to acknowledge Addendum 1 Hope House, Inc. – Failure to acknowledge Addendum 1 On October 19, 2012, Hope House submitted a request to the Procurement Department to reconsider the decision to deem their company as non-compliant. A response from the Procurement Department declining their request was sent to the Hope House on October 31, 2012. The response included the appeal process as listed in the Augusta Procurement Code section 1-10-85 – 87. This process allowed them the opportunity to request an appeal to the Commission within 5 days of the receipt of the response. The Law Department was contacted on November 13th and we were advised to move forward with the approval process due to the fact that a response to the denial letter was not received from Hope House. Sec. 1-10-86. Request for hearing and effect of untimely appeal. …A contractor or prospective contractor that has been notified of a denial of its protest action may request in writing an appeal to the Augusta, Georgia Commission. All appeals must be received by the Procurement Department within five (5) business days. Appeals filed after the five (5) day period shall not be considered and are deemed a failure on the part of the protestor to exhaust administrative remedies. Where no appeal (or an untimely appeal) is filed, the Procurement Director’s decision is considered final and the award shall proceed. No other requests were received by the two firms that were deemed non-compliant by the Procurement Department. The Augusta Procurement Code allows companies five (5) days to protest. Sec. 1-10-85. Time for filing appeal. …Appeals of a decision of the Procurement Director shall be filed in the Procurement Department not later than five (5) business days after receipt of such decision. Attachment number 7 \nPage 1 of 1 Item # 11 VENDORS Attach. B E-Verify # Original 7 Copies Addendum 1 Fee Proposal Anka Behaviorial Health 1850 Gateway Blvd., Suite 900 Concord, CA 94520 Yes 406112 Yes Yes Yes Yes Jones Behaviorial Health 114 Pleasant Home Road Augusta, GA 30907 Yes 492052 Yes Yes Non- Compliant Yes Hope House, Inc. 2205 Highland Ave. Augusta, GA 30904 Yes 397050 Yes Yes Non- Compliant Yes Steppingstones to Recovery 2610 Commons Blvd Augusta, GA 30909 Yes 601596 Yes Yes Yes Yes RFP Item #12-202 Drug Court Treatment Services for Augusta, Georgia - Augusta Judicial Circuit RFP Due: Wednesday, October 17, 2012 @ 3:00 p.m. Page 1 of 1 Attachment number 8 \nPage 1 of 1 Item # 11 Commission Meeting Agenda 12/5/2012 5:00 PM Breathing Air Compressor and Fill Station Department:Fire Department Caption:Motion to approve the purchase of a stationary 2012 Bauer Breathing Air Compressor and Fill Station, model #VTC 18-E3 in the amount of $35,787.00 for the Fire Department. (Approved by Public Safety Committee November 26, 2012) Background:The purpose of a breathing compressor and fill station is to refill SCBA bottles. This model will produce the highest quality breathing air and will fill at least two bottles at a time. Stationary fill stations are safer and more economical to use. Analysis:The Fire Department has a great need to refill SCBA bottles. Accomplishing this task inhouse saves money and time. This machine will replace the existing inoperable fill station currently in place at the fire department. Financial Impact:Funds were approved for this item in the 2012 budget. Alternatives:Bauer was the lowest bid recieved. Recommendation:Approve the purchase of the stationary 2012 Bauer Breathing Air Compressor and Fill Station, model #VTC 18-E3 in the amount of $35,787.00. Funds are Available in the Following Accounts: Funds are available in account #274034110-54.26120 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Cover Memo Item # 12 Administrator. Clerk of Commission Cover Memo Item # 12 VERTECON www.bauercomp.com 3, 4 and 5-Stage High Pressure Breathing Air Compressors Introducing the VERTECON series of high pressure breath- ing air compressors from the world leader in safe, high pres- sure breathing air systems. Why buy dressed up old compressor and cabinetry technology? Buy BAUER and get the latest technolog- ical advancements. The VERTECON design is economical, space saving, and allows easy access for routine maintenance. Pressure up to 6000 psig up to 414 bar Charging Rate 5 to 26.4 scfm 142 to 748 l/min Power 5 to 20 hp 3.7 to 15 kW Attachment number 1 \nPage 1 of 2 Item # 12 BAUER COMPRESSORS INC. 1328 Azalea Garden Rd. | Norfolk, VA 23502 TEL. +1 (757) 855-6006 FAX +1 (757) 857-1041 sls@bauercomp.com www.bauercomp.com BAUER MIAMI 10052 N.W. 53rd St. | Sunrise, FL 33351 TEL. +1 (954) 746-2504 FAX +1 (954) 746-2510 bflsales@bauercomp.com BAUER SAN FRANCISCO 267 East Airway Blvd. | Livermore, CA 94551 TEL. +1 (925) 449-7210 FAX +1 (925) 449-7201 bauersf@bauercomp.com VTC 232.10.08.3SP subject to alteration without notice or obligation BAUER COMPRESSORS INC.VERTECON Vertecon BAUER breathing air purification system Open vertical cabinet made of formed sheet and plate goods provides a firm foundation for all pressure bearing components Modern cabinet design with unsurpassed maintenance accessibility. No hand tools are required for normal maintenance checks and fluid level confirmation. BAUER PLC based controller with four line text display Self adjusting drive belt tensioner NEMA 4 rated electrical enclosure with UL®listed control panel All wiring harnesses incorporated within a corrugated loom with number coding for easy system diagnosis Emergency stop push button .049 wall thickness stainless steel tubing throughout, no cheap plastic tubing Rugged powder coat finish Automatic condensate drain system (VTC05, VTC25 and VTC26 models) Compressor on / off, final pressure, oil pressure, high temperature shutdown Supports automatic condensate drain system (ask for details) Motor overload indication Final separator counter with shutdown and operator indication PLC controller DIMENSIONS L x W x H inches (mm) STANDARD SCOPE OF SUPPLY AVAILABLE ACCESSORIES (factory installed) Purification upgrade CO monitor SECURUS Interstage pressure gauges (locally mounted) Other accessories available on request 44 x 33 x 54 (1118 x 838 x 1372) WEIGHT pounds (kg) 630 - 1075 (286 - 488) Technical Data 1) Based on recharging an 80 cubic foot tank from 500 to 3000 psig. 2) Compressor capacity referenced to standard inlet conditions. E1 = Single Phase Electric, 230 VAC/60 Hz. E3 = Three Phase Electric, 230/460 VAC/60 Hz. Other voltages available on request. Dimensions and weight are approximate and are subject to change. Model Charging rate 1)Number Motor FAD 2)RPM Purification of stages system scfm l/min hp kW 5000 psig (345 bar) VTC06-E1/E3 6 170 3 5 3.7 5 1050 P0 VTC08-E1/E3 8.4 238 3 7.5 5.6 7 1250 P31 VTC20-E3 21 595 4 15 11 17.5 1300 P5 VTC26-E3 26.4 748 4 20 15 22 1350 P5 6000 psig (414 bar) VTC05-E1/E3 5 142 3 5 3.7 4 1050 P2 SECURUS VTC10-E1/E3 9.7 275 4 7.5 5.6 8.1 1180 P2 VTC13-E1/E3 13 368 4 10 7.5 10.8 1420 P2 VTC18-E3 18 510 4 15 11 15 1325 P5 VTC25-E3 25.2 714 5 20 15 21 1300 P5 Attachment number 1 \nPage 2 of 2 Item # 12 Invitation to Bid Sealed bids will be received at this office until Friday, October 12, 2012 @ 11:00 a.m. for furnishing: Bid Item 12-203 Breathing Air Compressor and Fill Station for Fire Department Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 706-821-2422 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 530 Greene Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, September 28, 2012 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference an eligible bidder must submit a completed and signed written application to become a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project. An eligible bidder who fails to submit an application for approval as a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project, and who otherwise meets the requirements for approval as a local bidder, will not be qualified for a bid preference on such eligible local project. No Bid 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 BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle September 6, 13, 20, 27 2012 Metro Courier September 12, 2012 cc: Tameka Allen Deputy Administrator Chris James Fire Department Lea Rigdon Fire Department Revised: 8/15/2011 Attachment number 2 \nPage 1 of 1 Item # 12 VENDORS B & T Enterprises 23 Brave Crossing Court Sharpburg, GA 30277 NAFECO 1515 W Moulton St Decatur, AL 35601 Bauer Compressor 1328 Azalea Garden Norfolk, VA 23502 Breathing Air Systems 306 Ziegler St., Ste B Chattanooga, TN 37405 Attachment B Yes Yes Yes Yes E-Verify # Invalid E-Verify Number 163356 No E-Verify Number 348255 Year 2012 2012 Brand Eagle Air Bauer Model Talon T215G -SSX3 UTC18-E3 -CFST1x4x6 Bid Price Each Non-Compliant $37,547.00 Non-Compliant $35,787.00 Delivery Date 6 Weeks ARO 12/17/2012 Bid Opening Bid Item #12-203 Breathing Air Compressor & Fill Station for Augusta, Georgia - Fire Department Bid Due: Friday, October 12, 2012 @ 11:00 a.m. Page 1 of 1 At t a c h m e n t n u m b e r 3 \ n P a g e 1 o f 1 It e m # 1 2 Attachment number 4 \nPage 1 of 1 Item # 12 Attachment number 5 \nPage 1 of 2 Item # 12 Attachment number 5 \nPage 2 of 2 Item # 12 Commission Meeting Agenda 12/5/2012 5:00 PM FY2008 Homeland Security Grant Program Department: Caption:Motion to approve the acceptance of the Georgia Emergency Management Agency's FY2008 Homeland Security Grant Program/State Homeland Security Grant Program from the Department of Homeland Security (DHS) in the amount of $40,000.00 Background:The Mayor's Office received the grant award letter on November 27, 2012 on behalf of the Augusta Fire Department with instructions to have the executed document returned within 14 days of receipt of the letter. Analysis: Financial Impact: Alternatives: Recommendation:Accept. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 13 Attachment number 1 \nPage 1 of 1 Item # 13 Attachment number 2 \nPage 1 of 27 Item # 13 Attachment number 2 \nPage 2 of 27 Item # 13 Attachment number 2 \nPage 3 of 27 Item # 13 Attachment number 2 \nPage 4 of 27 Item # 13 Attachment number 2 \nPage 5 of 27 Item # 13 Attachment number 2 \nPage 6 of 27 Item # 13 Attachment number 2 \nPage 7 of 27 Item # 13 Attachment number 2 \nPage 8 of 27 Item # 13 Attachment number 2 \nPage 9 of 27 Item # 13 Attachment number 2 \nPage 10 of 27 Item # 13 Attachment number 2 \nPage 11 of 27 Item # 13 Attachment number 2 \nPage 12 of 27 Item # 13 Attachment number 2 \nPage 13 of 27 Item # 13 Attachment number 2 \nPage 14 of 27 Item # 13 Attachment number 2 \nPage 15 of 27 Item # 13 Attachment number 2 \nPage 16 of 27 Item # 13 Attachment number 2 \nPage 17 of 27 Item # 13 Attachment number 2 \nPage 18 of 27 Item # 13 Attachment number 2 \nPage 19 of 27 Item # 13 Attachment number 2 \nPage 20 of 27 Item # 13 Attachment number 2 \nPage 21 of 27 Item # 13 Attachment number 2 \nPage 22 of 27 Item # 13 Attachment number 2 \nPage 23 of 27 Item # 13 Attachment number 2 \nPage 24 of 27 Item # 13 Attachment number 2 \nPage 25 of 27 Item # 13 Attachment number 2 \nPage 26 of 27 Item # 13 Attachment number 2 \nPage 27 of 27 Item # 13 Commission Meeting Agenda 12/5/2012 5:00 PM Approve Certificate of Distribution for Local Option Sales Tax Department:Legal/Finance Caption:Motion to approve new Certificate of Distribution of Local Option Sales Tax between Augusta, Georgia, Hephzibah, Georgia and Blythe, Georgia. (Approved by Finance Committee November 26, 2012) Background:Amendments passed in 1994 to the 1979 State Statute enacting Local Option Sales Tax (LOST) require periodic renegotiation of the distribution rates. State Statute requires that every 10 years the County initiate the renegotiation process on behalf of all eligible parties. Analysis:The Mayors of Augusta, Blythe and Hephzibah entered into negotiations earlier this summer and have reached consensus regarding the distribution of Local Option Sales Tax (LOST). Financial Impact:There is a slight change is the distribution percentage which should have minimal impact. Alternatives:Do not approve negotiated Certificate of Distribution and continue under current distribution rates. Recommendation:Approve new Certificate of Distribution Funds are Available in the Following Accounts: This agenda items affects only revenue. REVIEWED AND APPROVED BY: Finance Administrator Clerk of Commission Cover Memo Item # 14 CERTIFICATE OF DISTRIBUTION TO: State Revenue Commissioner Pursuant to an Act of the Georgia General Assembly, effective January 1, 1980, relating to Local Sales&Use Taxes, the governing authorities for the qualifying municipalities and the county located within the special district coterminous with the boundaries of RICHMOND County hereby certify that the proceeds of the combination city/county local sales and use tax generated in such district shall be distributed by the State Revenue Commissioner as follows: City of AUGUSTA – RICHMOND COUNTY (URBAN SERVICE DISTRICT) shall receive 14.12% City of BLYTHE shall receive 0.37% City of HEPHZIBAH shall receive 2.05% County of AUGUSTA – RICHMOND COUNTY (SUBURBAN SERVICE DISTRICT) shall receive 83.46% This certificate shall continue in effect until such time as a new certificate shall be executed as provided in said Act. By executing this schedule the county and cities, acting through their respective officers, represent that all municipalities lying wholly or partly in the tax jurisdiction have been given an opportunity to show that they are ‘qualified municipalities,’ as that term is used in the Act, and that all municipalities listed herein as recipients are ‘qualified’ and so may receive distribution from the proceeds of the tax. Executed on behalf of the governing authorities of the qualifying municipalities representing not less than a majority of the aggregate population of all qualifying municipalities located within the special district and the governing authority of the county, this ___________________ day of ___________________ 20 ___. MAYOR OF THE CITY OF BLYTHE MAYOR OF THE CITY OF HEPHZIBAH MAYOR OF AUGUSTA RICHMOND COUNTY Attachment number 1 \nPage 1 of 1 Item # 14 Commission Meeting Agenda 12/5/2012 5:00 PM Ordinance to amend, update, and make certain corrections to Code Sections 7-3-8 through 7-3-10 Department:Engineering Caption:Motion to approve an Ordinance to amend, update, and make certain corrections to the Augusta, Georgia Code, Title Seven Chapter Three Article Two Section 7-3-8 through 7-3-10; to repeal all Code sections and ordinances and parts of Code sections and ordinances in conflict herewith; to provide an effective date and for other other purposes provided herein. (Approved by the Augusta Commission November 20, 2012 - second reading) Background:Several of the conditions relating to the construction and maintenance of streets, sidewalks, curbs, speed humps, storm water systems and sewer systems were inadvertently left out of subsequent amendments to these sections of the Code. 1997 Ga. Laws p. 4024 designates the name of the consolidated governments as “Augusta, Georgia”. Analysis:The Engineering Department strives to ensure accuracy in the Code and continues to promote safe driving habits to protect the public health, safety, and welfare of Augusta, Georgia citizens. In addition, there is a need to update the Code to reflect the name of the consolidated government. No substantive changes are being proposed by this amendment as shown on the attached redline draft. Financial Impact:N/A. Alternatives:N/A. Recommendation:Approve. Funds are Available in the Following Accounts: N/A. Cover Memo Item # 15 REVIEWED AND APPROVED BY: Cover Memo Item # 15 ORDINANCE NO. ___________ AN ORDINANCE TO AMEND, UPDATE, AND MAKE CERTAIN CORRECTIONS TO THE AUGUSTA, GEORGIA CODE, TITLE SEVEN CHAPTER THREE ARTICLE TWO SECTION 7-3-8 THROUGH 7-3-10; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR THE OTHER PURPOSES PROVIDED HEREIN. WHEREAS, Several of the conditions relating to the construction and maintenance of streets, sidewalks, curbs, speed humps, storm water systems and sewer systems were inadvertently left out of subsequent amendments to these sections of the Code; and WHEREAS, the Augusta, Georgia Commission strives to ensure accuracy in the Code and continues to promote safe driving habits to protect the public health, safety, and welfare of Augusta, Georgia citizens; and WHEREAS, 1997 Ga. Laws p. 4024 designates the name of the consolidated governments as “Augusta, Georgia”; and WHEREAS, Augusta, Georgia seeks to update the Code to reflect the name of the consolidated government. THE AUGUSTA, GEORGIA COMMISSION, ordains as follows: SECTION 1. AUGUSTA, GA. CODE Sections 7-3-8 through 7-3-10 as set forth in the AUGUSTA, GA. CODE, re-adopted July 10, 2007, is hereby amended by striking said sections in their entirety as set forth in “Exhibit A” hereto, SECTION 2. Amendments to AUGUSTA, GA. CODE Section 7-3-8 as set forth in Ordinance No. 7056, enacted June 17, 2008, are hereby deleted in their entirety, as set forth in “Exhibit B” hereto, SECTION 3. Amendments to AUGUSTA, GA. CODE Section 7-3-8 through 7-3-10 as set forth in Ordinance No. 7097 enacted November 18, 2008, are hereby deleted in their entirety, as set forth in “Exhibit C” hereto, SECTION 4. In lieu of the above stricken AUGUSTA, GA. CODE Sections 7-3-8 through 7-3-10, the Code is hereby amended by inserting new Code Sections 7-3-8 through 7-3-10, as set forth in “Exhibit D” hereto. SECTION 5. This ordinance shall become effective upon its adoption in accordance with applicable laws. SECTION 6. All ordinances or parts of ordinances and Department of Engineering Policies and Procedures in conflict herewith are hereby repealed. Attachment number 1 \nPage 1 of 7 Item # 15 Adopted this _____ day of , 2012. 1st reading_________________ 2nd reading________________ ___________________________ David S. Copenhaver As its Mayor Attest: ______________________________ Lena J. Bonner, Clerk of Commission Seal: Attachment number 1 \nPage 2 of 7 Item # 15 CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta-Richmond County Commission on_________________, 2012 and that such Ordinance has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordinance which was approved and adopted in the foregoing meeting(s). ______________________________ Lena J. Bonner, Clerk of Commission Published in the Augusta Chronicle. Date: ______________________ Attachment number 1 \nPage 3 of 7 Item # 15 Exhibit A Striking: Sec. 7-3-8. Conditions. The construction or maintenance of any streets, roads, sidewalks, curbs, speed humps, storm water systems and sewer systems in Augusta-Richmond County may be done by Augusta- Richmond County upon approval of the Augusta-Richmond County Commission when seventy- five (75) percent of the owners of the property abutting such improvements shall consent thereto and agree to be assessed for the cost thereof on a pro rata basis as provided for herein. (a) The Traffic Engineering Division will process the speed hump policy, and will conduct the necessary studies to determine whether a street is eligible for street humps. Sec. 7-3-9. Required development. No construction or improvement of any streets, roads, sidewalks, speed humps or curbs in Augusta- Richmond County may be done by Augusta-Richmond County unless the property adjacent to the street, road, sidewalk or curb is eighty (80) percent developed. The required development herein shall be determined by the following formula: The front footage of all lots or parcels adjacent to the street, road, curb or sidewalk being installed or improved shall be totaled and the total front footage of all lots or parcels shall be divided into the total front footage of all lots or parcels with improvements thereon to arrive at the percentage of development. Sec. 7-3-10. Assessment of cost. The Augusta-Richmond County Commission assess the entire cost of such improvements, or any portion thereof, as determined by the Commission, against such abutting property owners; however, no assessment shall be made against the abutting property owners unless the same is consented to in writing by the owners of seventy-five (75) percent of the property abutting such improvements. Attachment number 1 \nPage 4 of 7 Item # 15 Exhibit B Striking: Section 7-3-8. Conditions (a) The Augusta-Richmond County Commission desires to protect the health, safety and welfare of its citizens by ensuring the emergency vehicles have access to private roads and streets in the safest possible manner, and that, the County be reimbursed for costs of such maintenance services, and provide other assurances: (b) The provisions of this article shall apply to incorporated areas within Augusta-Richmond County under the jurisdiction of the Board of Commissioners. (c) The Public Services Department Engineering Maintenance is responsible for the administration of the program and will enter into a release with the owner(s) of the property regarding ingress and egress to the property and the costs and/or expenses associated with making the improvements. Attachment number 1 \nPage 5 of 7 Item # 15 Exhibit C Striking: Section 7-3-8. Conditions The construction or maintenance of any streets, roads, sidewalks, curbs, speed humps, storm water systems and sewer systems in Augusta-Richmond County may be done by Augusta- Richmond County upon approval of the Augusta-Richmond County Commission when seventy- five (75) percent of the owners of the property abutting such improvements shall consent thereto and agree to be assessed for the cost thereof on a pro rata basis as provided for herein. (a) The Traffic Engineering Division will process the speed hump policy. and will conduct the necessary studies to determine whether a street is eligible for street humps Section 7-3-9. Required development. No construction or improvement of any streets, roads, sidewalks, speed humps or curbs in Augusta-Richmond County may be done by Augusta-Richmond County unless the property adjacent to the street, road, sidewalk or curb is eighty(80) percent developed. The required development herein shall be determined by the following formula: The front footage of all lots or parcels adjacent to the street, curb or sidewalk being installed or improved shall be totaled, and the total front footage of all lots or parcels shall be divided into the total front footage of all lots or parcels with improvements thereon to arrive at the percentage of development. Section 7-3-10. Assessment of cost. The Augusta-Richmond County Commission assess the entire cost of such improvements, or any portion thereof, as determined by the Commission, against such abutting property owners; however, no assessment shall be made against the abutting property owners unless the same is consented to in writing by the owners of seventy-five (75) percent of the property abutting such improvements. Attachment number 1 \nPage 6 of 7 Item # 15 Exhibit D Replace With: Section 7-3-8. Conditions (a) The Augusta, Georgia Commission desires to protect the health, safety and welfare of its citizens by ensuring the emergency vehicles have access to private roads and streets in the safest possible manner, and that, the County be reimbursed for costs of such maintenance services, and provide other assurances: (b) The provisions of the article shall apply to incorporated areas within Augusta, Georgia under the jurisdiction of the Board of Commissioners. (c) The Augusta Engineering Department is responsible for the administration of the program and will enter into a release with the owner(s) of the property regarding ingress and egress to the property and the costs and/or expenses associated with making the improvements. Section 7-3-9. Required development. (a) No construction or improvement of any streets, roads, sidewalks, speed humps or curbs in Augusta, Georgia may be done by Augusta, Georgia unless the property adjacent to the street, road, sidewalk or curb is eighty(80) percent developed. The required development herein shall be determined by the following formula: The front footage of all lots or parcels adjacent to the street, curb or sidewalk being installed or improved shall be totaled, and the total front footage of all lots or parcels shall be divided into the total front footage of all lots or parcels with improvements thereon to arrive at the percentage of development. (b) The Traffic Engineering Division will process the speed hump policy and will conduct the necessary studies to determine whether a street is eligible for street humps. Section 7-3-10. Assessment of cost. The Augusta, Georgia Commission assess the entire cost of such improvements, or any portion thereof, as determined by the Commission, against such abutting property owners; however, no assessment shall be made against the abutting property owners unless the same is consented to in writing by the owners of seventy-five (75) percent of the property abutting such improvements. Attachment number 1 \nPage 7 of 7 Item # 15 Redline Section 7-3-8. Conditions (a) The Augusta, Georgia Commission desires to protect the health, safety and welfare of its citizens by ensuring the emergency vehicles have access to private roads and streets in the safest possible manner, and that, the County be reimbursed for costs of such maintenance services, and provide other assurances: (b) The provisions of the article shall apply to incorporated areas within Augusta, Georgia under the jurisdiction of the Board of Commissioners. (c) The Augusta Engineering Department is responsible for the administration of the program and will enter into a release with the owner(s) of the property regarding ingress and egress to the property and the costs and/or expenses associated with making the improvements. Section 7-3-9. Required development. (a) No construction or improvement of any streets, roads, sidewalks, speed humps or curbs in Augusta-Richmond County Augusta, Georgia may be done by Augusta-Richmond County Augusta, Georgia unless the property adjacent to the street, road, sidewalk or curb is eighty(80) percent developed. The required development herein shall be determined by the following formula: The front footage of all lots or parcels adjacent to the street, curb or sidewalk being installed or improved shall be totaled, and the total front footage of all lots or parcels shall be divided into the total front footage of all lots or parcels with improvements thereon to arrive at the percentage of development. (b) The Traffic Engineering Division will process the speed hump policy and will conduct the necessary studies to determine whether a street is eligible for street humps. Section 7-3-10. Assessment of cost. The Augusta-Richmond County Augusta, Georgia Commission assess the entire cost of such improvements, or any portion thereof, as determined by the Commission, against such abutting property owners; however, no assessment shall be made against the abutting property owners unless the same is consented to in writing by the owners of seventy-five (75) percent of the property abutting such improvements. Version 11-5-2012 Attachment number 2 \nPage 1 of 1 Item # 15 Commission Meeting Agenda 12/5/2012 5:00 PM Stormwater Fee Department:Clerk of Commission Caption:Motion to approve the initital stages of the implementation of the stormwater fee program. (Approved by Engineering Services Committee November 26, 2012). Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 16 Attachment number 1 \nPage 1 of 1 Item # 16 Attachment number 2 \nPage 1 of 4 Item # 16 Attachment number 2 \nPage 2 of 4 Item # 16 Attachment number 2 \nPage 3 of 4 Item # 16 Attachment number 2 \nPage 4 of 4 Item # 16 Commission Meeting Agenda 12/5/2012 5:00 PM Minutes Department:Clerk of Commission Caption:Motion to approve the minutes of the regular and legal meetings of the Commission held November 20 and Special Called Meeting held November 26, 2012. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 17 Commission Meeting Agenda 12/5/2012 5:00 PM Condemnation Parcel 061-4-003-03-0) 546 Laney-Walker Blvd. Ext. Department: Caption:Motion to authorize condemnation to acquire title of a portion of property for permanent drainage,utility and maintenance easement and temporary construction easement, (Parcel 061-4-003-03-0) 546 Laney-Walker Blvd. Ext. Background:Despite repeated efforts, the City has been unable to reach an agreement with the property owner and therefore seeks to acquire title through condemnation. In order to proceed and avoid further project, it is necessary to condemn a portion of subject property. The required property consists of 3,253.11 square feet of permanent drainage, utility and maintenance easement. The appraised value is $814.00 Analysis:Condemnation is necessary in order to acquire the required property. Financial Impact:The necessary costs will be covered under the project budget. Alternatives:Deny condemnation. Recommendation:Approve condemnation Funds are Available in the Following Accounts: G/L 327-041110-52.12122;J/L 209812101-52.12122 REVIEWED AND APPROVED BY: Cover Memo Item # 18 Commission Meeting Agenda 12/5/2012 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 # 19