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
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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
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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
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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
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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
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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
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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