HomeMy WebLinkAbout2014-03-04-Meeting Agenda
Commission Meeting Agenda
Commission Chamber
3/4/2014
2:00 PM
INVOCATION:
Rev. Andy Menger, Assistant Rector, Church of the Good Shepherd
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA.
RECOGNITION(S)
Employee of Month
A. Congratulations! Ms. Avis Brown, Code Enforcement Officer,
Environmental Services Department as the March 2014 Employee of the
Month.
Attachments
Five (5) minute time limit per delegation
DELEGATIONS
B. Mr. Jimmy Smith regarding SPLOST. (Requested by Commissioner
Wayne Guilfoyle)
Attachments
C. Ms. Maggie Douglas regarding traffic and safety issues on Highland
Ave. (Requested by Commissioner Mary Davis)
Attachments
CONSENT AGENDA
(Items 1-7)
PUBLIC SERVICES
1. Motion to approve the selection and contract between Avfuel
Corporation and the Augusta Regional Airport as approved by the
Augusta Aviation Commission at their January 30, 2014 meeting.
(Approved by Public Services Committee February 24, 2014)
Attachments
2. Motion to approve the Customer Facility Charge (CFC) Ordinance as
approved by the Augusta Aviation Commission at their December 19,
2013 meeting. (Approved by the Commission February 18, 2014-
second reading)
Attachments
ADMINISTRATIVE SERVICES
3. Motion to approve the Housing and Community Development
Department (on behalf of Augusta, Georgia) to execute Indemnification
Agreement with the Augusta, Georgia Land Bank Authority related to
Retention Pond for the Aubern @ Barton Chapel Rental Housing
Project. (Approved by Administrative Services Committee February
24, 2014)
Attachments
4. Motion to review the past six SPLOSTs and give us an update
concerning the funds that are left open and the availability of the projects
left. (Disapproved by Administrative Services Committee February
24, 2014)
Attachments
FINANCE
5. Motion to approve the replacement of one (1) 1994 forklift for Fleet
Management and Broad Street maintenance shops. (Approved by
Finance Committee February 24, 2014)
Attachments
ENGINEERING SERVICES
6. Motion to approve award of Construction Contract to Beam’s
Contracting, Inc., in the amount of $1,328,099.80 for GDOT LMIG
funded resurfacing projects, subject to receipt of signed contracts and
proper bonds as requested by AED. Bid 13-197 (Approved by
Engineering Services Committee February 24, 2014)
Attachments
PETITIONS AND COMMUNICATIONS
7. Motion to approve the minutes of the regular meeting of the
Commission held February 18, 2014 and Special Called Meeting held
February 24, 2014.
Attachments
****END CONSENT AGENDA****
AUGUSTA COMMISSION
3/4/2014
AUGUSTA COMMISSION
REGULAR AGENDA
3/4/2014
(Items 8-16)
ADMINISTRATIVE SERVICES
8. Approve requesting the Sheriff’s Department to do a preliminary
investigation of the hard drive issue relative to the tampering with a city
computer. (Requested by Commissioner Williams)
Attachments
9. An update from the Interim Administrator regarding identifying a
funding source to fund Disparity Study, related IT programs and
approve same being done. (Requested by Commissioner Marion
Williams)
Attachments
10. Discuss job title for the EEO Director. (Requested by Commissioner
Marion Williams)
Attachments
11. Discuss emergency pay for city employees who were required to work
during the recent ice storm. (Requested by Commissioner Marion
Williams)
Attachments
12. Discuss the appointment process for the Urban Redevlopment Agency
(URA) as approved by the Commission January 21, 2014 and discuss the
residency of URA members. (Requested by Commissioner Marion
Williams)
Attachments
Upcoming Meetings
www.augustaga.gov
PUBLIC SAFETY
13. The Augusta Fire Department is requesting an adjustment of $64,769 for
Bid Item #13-187A, P232653. For informational purposes.
Attachments
FINANCE
14. Approve Tax Anticipation Note terms.
Attachments
ENGINEERING SERVICES
15. An update from Storm Debris Removal Contract regarding cost per cubic
yard and local participation. (Requested by Commissioner Joe
Jackson)
Attachments
LEGAL MEETING
A. Pending and Potential Litigation.
B. Real Estate.
C. Personnel.
16. Motion to authorize execution by the Mayor of the affidavit of
compliance with Georgia's Open Meeting Act.
Commission Meeting Agenda
3/4/2014 2:00 PM
Invocation
Department:
Caption:Rev. Andy Menger, Assistant Rector, Church of the Good
Shepherd
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 1
Commission Meeting Agenda
3/4/2014 2:00 PM
Employee of Month
Department:
Caption:Congratulations! Ms. Avis Brown, Code Enforcement Officer,
Environmental Services Department as the March 2014 Employee
of the Month.
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
3/4/2014 2:00 PM
Jimmy Smith
Department:
Caption:Mr. Jimmy Smith regarding SPLOST. (Requested by
Commissioner Wayne Guilfoyle)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 3
Commission Meeting Agenda
3/4/2014 2:00 PM
Maggie Douglas
Department:
Caption:Ms. Maggie Douglas regarding traffic and safety issues on
Highland Ave. (Requested by Commissioner Mary Davis)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 4
Commission Meeting Agenda
3/4/2014 2:00 PM
AVFUEL CORPORATION FUEL SUPPLIER CONTRACT
Department:Augusta Regional Airport
Caption:Motion to approve the selection and contract between Avfuel
Corporation and the Augusta Regional Airport as approved by the
Augusta Aviation Commission at their January 30, 2014 meeting.
(Approved by Public Services Committee February 24, 2014)
Background:Avfuel Corporation is a global supplier of aviation fuels and
services with over 600 branded FBO’s and 4,000 customers
globally. Avfuel Corporation has provided aviation fuels and
marketing support for this airport for over 13 years. On October
25, 2013 an evaluation committee of personnel from the Augusta
Regional Airport and the Procurement Department concluded the
bid evaluation process for the selection of an Aviation Fuel
Supplier. The committee reviewed proposals from Avfuel
Corporation, Epic Aviation, LLC, Perry Brothers (Phillips 66),
and World Fuel Services. After review of the compliant proposals,
Avfuel Corporation received the most points as providing the
most services for the best cost.
Analysis:Avfuel Corporation provided the airport with a fuel supplier
agreement that both parties mutually agreed on. The terms of the
agreement is for (3) three years with (2) two one year renewable
options.
Financial Impact:From 2013 and thereafter, annual cost for both inventory and
COGS is approximately $4.5M.
Alternatives:Deny request.
Recommendation:Approve the selection and contract between Avfuel Corporation
and the Augusta Regional Airport for fuel supplier.
Funds are Available
in the Following
Accounts:
Account for purchases (inventory): 551081106-1134410 Account
for sale/usage (COGS): 551081106- 5315120 Cover Memo
Item # 5
REVIEWED AND APPROVED BY:
Procurement.
Information Technology.
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 5
Customer Code: TAUGA
AVFUEL CORPORATION
FIXED BASE OPERATOR
AVIATION FUEL SUPPLY AGREEMENT
Reference Date: November 18,2013 Effective Date: January 1,2014
SUMMARY
This Agreement is between Avfuel Corporation and its affiliates and subsidiaries all of which have principal offices at 47 West Ellsworth Road,
Ann Arbor, MI 48108 USA, hereinafter referred to, individually or collectively as "Avfuel", and AUGUSTA GEORGIA, a political
subdivision of the State of Georgia, acting through the AUGUSTA AVIATION COMMISSION having its principal office at (Street
address only) l50l Aviation \ilay, Augusta Regional Airport at Bush Field, Augusta, Georgia 30906-9600, hereinafter called "Customer",
collectively called "the Parties", and is effective on the Effective Date or, if no Effective Date is specified then on the Reference Date noted
above.
THIS IS AN INTEGRATED AGREEMENT CONSISTING OF SEVERAL PARTS, ALL OF \üHICH SHALL BE READ
TOGETHER AND INTERPRETED AS ONE AGREEMENT. The parts shall include this Summary, the Special Terms and Conditions,
and the General Terms and Conditions. In the event of any inconsistencies betwe en the Special Terms and Conditions a¡rd the General Terms
and Conditions, the Special Terms and Conditions shall govem. Avfuel offers other Programs that it believes are of benefit to Customer.
Customer chooses to participate in those Programs that are checked below and agrees that the applicable provisions ofthe Special and General
Terms and Conditions govern those Programs. Additions or deletions to this agreement are governed by the Changes Provision set forth in
Section l8 of the General Terms and Conditions. If customer should avail itself of any of the Programs not checked below then Customer
specifically agrees to be bound by the Special and General Terms and Conditions that govern those Programs.
Applicable Certificates oflnsurance are attached hereto, Insurance Company Name
X Customer Credit Program Addendums
AVTRIP Program
Contract Fuel Dealer Program
Avsurance Primary Commercial Insurance Program
X Brand Program X
X Credit and Charge Cards Acceptance Program
X Equipment Lease Agreement
CUSTOMER FEIN: s8-220427 4 TYPE OF BUSINESS: Government
(i.e. C-corp, S-corp, Partnership, LLC, Sole Prop, or other)
STATE OF INCORPORATION: GA
FOR: AUGUSTA, GEORGIA
STATE ID NUMBER:
FOR: A
BY
rWilliam B. Light (Signature)
Title: VicePresident,Administration
AS ITS: Mayor
ATTEST:
Clerk of Commission
FOR: AUGUSTA AVIATION COMMISSION:
BY:
(Signature)
AS ITS: Chairman
ATTEST:
BY
X
Rev 04126112 Page I of2
Clerk
FBO AFSA
Attachment number 1 \nPage 1 of 12
Item # 5
CUSTOMER NAME:
BILLING ADDRESS:
(if di/ferent than street address)
SAME
DELIVERY ADDRESS:
(ifdfferent than street address)
SAME
AIRPORT ID (IATA CODE): KAGS (AUGUSTA REGIONAL)
PRODUCT(s):
FIXED BASE OPERATOR
AVIATION FUEL SUPPLY AGREEMENT
SPECIAL TERMS AND CONDITIONS
AUGUSTA AVIATION COMMISSION
Jet-A with Anti-ice Avgas/l00LLxJet-A
Lease Rate
$0/month
Other
Replacement*
Cost (Current)
$ I 50,000.00
PAYMENT TERMS: Net due in 30 DAYS
CREDIT LIMIT: $500.000.00 (FIVE HUNDRED THOUSAND DOLLARS)
EQUIPMENT LEASED:
Description** S/l.I or VIN
RF#5070, 2006 Intemational, 5000 gallon, jet refueler VIN: 349743
x
RF #5039, 201 I International, 5000 gallon, jet refueler VIN:385506 $O/month $19s,000.00
RF #703, 1997 Ford, 750 gallon, avgas refueler VIN:421212 $0/month $3s,000.00
*Haza¡d insurance, **Meters, if so equipped, have NOT been Certified or Calibrated, this is the responsibility of Customer
CONTRACT FUEL DEALER:
Flight Operation Type (select one): X Corporate Configured Accepted
! Non Corporate Ops Only
! DC-9 and Larger, Non Corporate Ops Only
Airport Flowage Fee:!YES lNO (i.e. $0.0300)
Storage Fee:IYES lNO (i.e. $0.0300)
Into wing Fee:
Jet Into-Plane Rate Schedule
l-1000 $X.XXXX
Gallons from/to
RATES ON FILE WITH AVFUEL
OTHER SPECIAL TERMS AND CONDITIONS:
/ó7Rev 04126lll FBO AFSA Page 2 of 2
4.."Ì^--- r-i1:-r"
Attachment number 1 \nPage 2 of 12
Item # 5
AVIATION FUEL SUPPLY AGREEMENT
GENERAL TERMS AND CONDITIONS
1. PURCHASE AND SALE: Subject to the terms and conditions contained
herein, throughout the entire term ofthis Agreement, Avfuel agrees to sell and
deliver, and Customer agrees to purchase from Avfuel and pay for, the
Customer's entire requirements for the aviation fuel products identified in the
Special Terms And Conditions (the "Products to be handled, stored, used,
distributed or sold by Customer or its affiliates at each airport (each an "Airport
listed in the Special Terms And Conditions. If, at any time during the term of
this Agreement the Customer, or any entity controlled by or in common control
with Customer, operates any other facility that sells aviation fuels at a listed
Airport (each a "Supplemental FBO'), then Customer shall or shall cause such
other entity to enter into a new AVIATION FUEL SUPPLY AGREEMENT
with Avfuel (on the same terms and for the same duration as this Agreement)
for the supply of 100% of the requirements of the Supplemental FBO for
aviation fuel. Customer represents and warrants that all products and services
purchased hereunder will be for commercial purposes and Avfuel has relied on
this representation in entering into this Agreement.
2. TERM: The initial term of this Agreement is three (3) years, beginning on
the Effective Date specified in the Summary. The Agreement may be renewed
for two (2) additional one (l) year terms.
3. PRICE AND PAYMENT:
3.1. Unless otherwise agreed in writing by the Parties, the price per gallon for
Products delivered to Customer shall be as established by Avfuel from time to
time in its discretion based upon market and other conditions that it deems
pertinent based on the date and time that Avfuel loads the Products into
delivery trucks. Prices shall be F.O.B. the Customer's facilities at the Airports
(each a "Delivery Address") and shall be exclusive ofall taxes, fees, surcharges
and other charges.
3.2. Unless otherwise agreed in writing or otherwise required by the state law
where the Product is delivered, the standa¡d unit ofmeasurement ofquantities
of Products purchased and delivered shall be the Net Gallon. The term "Net
Gallon" shall mean the volumetric measurement, in U S gallons, of a Product
actually loaded and measured at the point ofshipment, adjusted to the number
ofU.S. gallons that would have been loaded at a temperature ofsixty degrees
Fahrenheit (60'F). The conversion ratio shall be from the cunent American
Society for Testing and Materials ("ASTM") IP Petroleum Measurement
Tables.
3.3. Unless otherwise agreed in writing by the Parties, Customer agrees to pay
in advance by bank wire transfer for all Products purchased hereunder. Failure
to pay in advance shall be construed as a credit transaction and shall be subject
to the Terms and Conditions of the Customer Credit Program set forth below.
4. TAXESANDOTHERCHARGES:
4.1. Customer shall pay all taxes, assessments, fees and other charges (the
"Taxes") which are imposed by any federal, state or local govemmental agency
or by any airport authority (collectively, the "Taxing Authorities") based upon
the delivery, sale, importation, inspection, storage or use of the Products
purchased by Customer, excepting Taxes which are imposed upon Avfuel
based upon its net income or revenues.
4.2. fi the Taxing Authorities collect the Taxes directly from Customer, then
Customer shall pay all such Taxes on or before their due dates. Ifthe Taxing
Authorities require that Avfuel collect the Taxes from Customer at the time of
sale, Avfuel will use its best efforts to include all such Taxes in its invoices to
Customer and Customer shall pay all such invoices on or before their due dates.(ln its invoices, Avfuel will identifu those Taxes as separate items.) If
Customer is entitled to an oxemption from any Taxes which the Taxing
Authorities require to be collected by Avfuel, then, in order to permit Avfuel
not to collect those Taxes, Customer shall obtain and provide to Avfuel cunent
and valid exemption certificates relating to those Taxes. If, subsequent to the
issuance of any invoice, the Taxing Authorities or Avfuel advises Customer of
additional Taxes payable with respect to the Products covered by that invoice,
then Customer shall promptly pay such additional Taxes.
FBO Aviation Fuel Supply Agreement
Rev l0/15/13
4.3 CUSTOMER ACKNOWLEDGES THAT IT
REMAINS SOLELY RESPONSTBLE F'OR ALL SUCH
TAXES EVEN IF AVFUEL FAILS FOR ANY REASON
TO INCLUDE ANY SUCH TAXES IN ITS INVOICESTO CUSTOMER. HO\ryEVER, AVFUEL WILL
INDEMNIFY CUSTOMER AGAINST ANY LATE
CHARGES, PENALTIES OR OTHER CHARGES THAT
CUSTOMER INCURS IF AVFUEL'S FAILURE TO
INCLUDE ANY TAXES IN ITS INVOICE IS DUE TO
GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
4.4. Customer's obligation shall extend to any Taxes which are assessable
against Customer as a result of any subsequent change or reinterpretation of
the laws relating to those Taxes or any exemptions from those Taxes and to
any Taxes for which an exemption had been claimed but which are
subsequently assessed by Taxing Authorities based upon its rejection of the
claimed exemption for the Products or Customer.
5. DELWERY:
5.1 Deliveries shall be made to the Delivery Address (es) listed in the Special
Terms And Conditions Avfuel or its authorized shipping agent ("Shipping
Agent") shall be provided access to Customer's storage facilities during
normal business hours, or at such other times as may be approved by
Customer's authorized representative, for the purpose of unloading the
Products. Unless otherwise agreed in writing, the minimum delivery of Jet A
fuel will be a full standard transport tanker load which is equivalent to 7,500
Gross Gallons, and the minimum delivery for Avgas fuel will be a full
standard transport tanker load which is equivalent to 8,500 Gross Gallons.
Avfi.¡el reserves the right to impose a surcharge for deliveries of less than a
full tanker load.
5.2. Delivery shall be into tanks designated by Customer Such designation
shall be construed as a warranty that the designated tanks and containment
areas have been inspected and approved by the appropriate regulatory
agencies. Customer shall be responsible for all unloading operations including
the placement of hoses into tle proper storage tanks. Customer shall
specifically designate and gauge the available capacity ofthe tanks into which
the Product shall be unloaded, and shall bear all responsibility of spillage or
contamination of tlre Product after it leaves the end of any properly operating
hose provided by Avfuel or its Shipping Agent. Access to Customer's tanks
shall be furnished in such a manner that Avfuel or its Shipping Agent can
safely and conveniently reach Customer's storage facility with the hoses
available, and Avfuel or its Shipping Agent may refuse to complete any
delivery which Avfuel or the Shipping Agent determines, in it sole discretion,
cannot be made safely.
5.3. Any claim by Customer of any discrepancy in the quantity of the
Product delivered shall be effective only if made by written Notice
delivered to Avfuel within twenty-four (24) hours after the Product is
delivered to Customer. GMN THE NATURE OF THE PRODUCTS,
TIME IS OF THE ESSENCE \ryITH RESPECT TO SUCH CLAIMS
AND NO CLAIM SHALL BE PERMITTED OR EFFECTIVE
UNLESS DELIVERED WITHIN THE SPECIFIED PERIOD.
6. FORCE MAJEURE: Except as provided below, neither Party shall be
responsible for any failure to comply with the terms of this Agreement due
to causes beyond its reasonable control for the period the effects ofsuch
causes continue. These causes shall include but shall not be restricted to: fire,
storm, flood, earthquake, explosion, accident, acts ofany local, state or
federal authority or agency or ofa public enemy, war, rebellion, tenorism,
insurrection, sabotage, epidemic, quarantine restrictions, labor disputes,
transportat¡on embargoes or delays, acts ofGod and unavailability ofthe
Product. For purposes ofthis Agreement, the term "unavailable" shall mean
that Avfuel, for any reason whatsoever, including but not limited to
government action, reduced or allocated fuel supplies, lack oftransportation
or the like, is unable to procure and deliver a specific Product on a
commercially reasonable basis within two (2) days of the specific time
requested by Customer In that event, and only to the oxtent of such
unavailability, the Parties hereto shall be relieved oftheir obligations under
the applicable provisions of this Agreement. If and as applicable, Avfuel will
comply with any govemmental statute or regulation mandating the allocation
ofavailable supplies ofProducts. The provisions ofthis Section shall not
apply to the failure of a Party to pay any monetary amounts when due under
this Agreement.
Customer's InitialsPage I of l0
Attachment number 1 \nPage 3 of 12
Item # 5
7. UMITEDWARRANTY:
7.1 Avfuel warrants that all Products delivered pursuant to this Agreement
will, at the time of delivery, conform to the then latest revision of following
specifications: Aviation Gasoline will conform to the ASTM Specification
D9l0; and Jet Fuel will conform to the ASTM Specification DI655. Avfuel
retains the right to revise the applicable specifications upon written Notice to
Customer.
7.2 THE LIMITED WARRANTY STATED ABOVE IS THE ONLY
WARRANTY GIVEN BY AVFUEL REGARDING THE PRODUCTS.
AVFUEL DISCLAIMS ANY OTHER \ryARRANTIES, EXPRESS ORIMPLIED, INCLUDING, }VITHOUT LIMITATION, ANY
\ryARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY
PARTICULAR PURPOSE.
7 3. Customer shall sample and test each shipment of Product prior to delivery
using indusfy standard test procedures. IfCustomer determines or suspects non-
conformity then Avfuel must be immediately notified, while the Shipping Agent
is still present, and the delivery shall not be completed until either Customer
accepts the Product, acknowledging conformity or Avfuel replaces the Product.
Customer will permit Avfuel access to Customer's premises and records during
normal business hours and upon four (4) hours'telephonic or written Notice to
Customer for purposes of investigating any claim of non-conformity. If it is
determined that the Product is non-conforming, Avfuel's sole obligation shall be
either (1) replacement of the non-conforming Product with conforming Product,
or (2) removal ofthe non-conforming Product and ca¡rcellation ofthe invoice for
that Product or refund of the amount paid for that Product, as determined by
Avfuel. Avfuel will be reasonably prompt in its actions hereunder. TIME IS OF
THE ESSENCE AND ANY FAILURE TO FOLLO\ry THE ABOVE
PROCEDURE SHALL VOID THE LIMITf,D \ryARRANTY.
& COMPLIANCTTilTITII-AWS:
8.1. Each Party shall, at all times and in all respects, comply \ùith all federal,
state, county or municipal laws, ordinances, rules and regulations goveming its
actions in tlre purchase, storage, handling and sale of the Products and all
industry standards pertaining thereto, including those that may contain
tetraethyl lead or lead alkyl Further, each of the Pa¡ties agree to use its
reasonable best efforts to assist the other Party in complying with such laws,
ordinances, rules and regulations which the other Party may be required to
observe in the performance of its obligations under this Agreement. Each Party
reserves the right to terminate those portions of this Agreement goveming the
purchase of a Product if the other Party violates the provisions of this
subsection with respect to that Product. In such event, the remaining provisions
of this Agreement shall continue in full force and effect.
8.2. Each Party shall properly instruct its employees, agents and contractors
with regard to compliance with all applicable laws, ordinance, rules,
regulations and standa¡ds goveming the sale and distribution of the Products
that a¡e the subject ofthis Agreement.
9. INDEPENDENT STATUS: Each Party shall at all times function as an
independent contractor and not as a subcontractor, employee or other agent of
the other Party. Neither Party shall have the autlrority to and shall not purport to
make any commitments or representations on behalf of the other Party or
otherwise to take any actions on behalfofthe other Party.
IO. RECIPROCAL INDEMNIFICATION: TO THE
EXTENT PERMITTED BY LAW, EACH PARTY (AS
sucH, THE "INDEMNIFYING PARTY") AGREES TO
INDEMNIFY AND TO HOLD HARMLESS THE OTHER
PARTY AND THE OFFICERS, DIRECTORS,
EMPLOYEES AND AGENTS OF THE OTHER PARTY
(AS SUCH, THE "INDEMNIFIED PARTIES") FROM
AND AGAINST ANY AND ALL CLAIMS, DEMANDS,
LOSSES, LIABILITIES, CAUSES OF ACTTON, COSTS
oR EXPENSES (INCLUDING ATTORNEY'S FEES) OF
WHATSOEVER NATURE WHICH ARE ASSERTED
AGAINST OR INCURRED BY ANY INDEMNIFIED
PARTY AS A RESULT OF THE BREACH BY THE
INDEMNIFYING PARTY OF ITS OBLIGATIONS
UNDER THIS AGREEMENT OR AS
FBO Aviation Fuel Supply Agreement
Rev 10/15/13
RESULT OF ANY NEGLIGENCE OR INTENTIONAL
MISCONDUCT OF THE INDEMNIFYING PARTY OR
oF ANY OFFICERS, DIRECTORS, EMPLOYEES OR
AGENTS OF THE INDEMNIFYING PARTY. ANY
AMOUNT PAYABLE BY THE INDEMNIFYING PARTY
UNDER THIS SECTION IO SHALL BE DUE WITHIN
SIXTY (60) DAYS AFTER WRITTEN DEMAND AND
ANY SUCH AMOUNT \ryHICH IS NOT PAID WHEN
DUE SHALL BEAR INTEREST FROM THE DUE DATE
TO THE DATE OF PÄYMENT AT THE RATE OF I6VO
PER ANNUM (OR,IF LESS, AT THE MAXIMUM RATE
OF INTEREST PERMITTED UNDER THE LÄWS OF
THE STATE IN WHICH THE INDEMNIFYING PARTY
HAS ITS PRINCIPAL PLACE OF BUSINESS).
\ilITHOUT LIMITING THE GENERALITY OF THE
ABOVE PROVISIONS, THE OBLIGATION OF THE
INDEMNIFYING PARTY UNDER THIS SECTION IO
SHALL INCLUDE ANY REASONABLE ATTORNEY'S
FEES OR OTHER COSTS INCURRED BY THE
INDEMNIFIED PARTIES IN ENFORCING THE
OBLIGATION OF INDEMNITY UNDER THIS
SECTION. EACH PARTY'S OBLIGATION TO
INDEMNIFY SHALL SURVIVE THE TERMINATION
OF THIS AGREEMENT AND SHALL REMAIN IN FULL
FORCE AND EFFECT UNTIL THE LAPSE OF ALL
APPLICABLE STATUTES OF LIMITATIONS OR
SIMILAR TIME PERIODS WITHIN WHICH AN
ACTION FOR INDEMNITY OR CONTRIBUTION
MUST BE BROUGHT. THE PARTIES ACKNOWLEDGETHAT GEORGIA LAW PROHIBITS SUCH
TNDEMNIF'ICATION BY THE CUSTOMER.
11. BREACHA¡{DTERMINATION:
ll.l. Failure of a Party to comply with the provisions of this Agreement shall
constitute a breach of the Agreement by the non-complying Party. Except as
otherwise permitted under this Agreement, the non-breaching Party shall
provide Notice of that breach to the other Party in the manner set forth in
Section 14. The Notice shall specifo the alleged breach and the period within
which the breach must be cured which, except as provided in Section 11.2,
shall be at least ten (10) business days. The Party receiving such Notice shall
respond thereto in writing within three (3) business days. Ifthe breach is not
cured or the dispute resolved within the period specified in the Notice, the Party
claiming breach, by further written Notice, at its election, may affirm this
Agreement and initiate appropriate legal actions to require the other Party to
remedy that breach or may immediately terminate this Agreement. In either
instance, the Party claiming the breach may by appropriate legal proceedings
seek and secure recovery ofany damages resulting from that breach.
1 1.2. The provisions ofSection I l.l to the contrary notwithstanding, ifthe
breach is of the Customer's obligation to make a payment to Avfuel when due,
then Avfuel may declare all amounts owed to it under this Agreement
immediately due and payable, and Avfuel, in addition to all other rights
hereunder, may suspend its performance or terminate this Agreement forthwittr
and giving Customer a Ten (10) Day Notice and the opportunity to cure.
Avfuel shall also have the right to offset any amount that Avfuel then or
thereafter owes to Customer, to any guarantor ofthe Customer's obligations
under this Agreement or to any affiliate entity that owns, is owned by or is
under common ownership with the Customer against any amounts owed by
Customer to Avfuel. Exercise of the foregoing remedies shall not constitute a
waiver of any amount due by Customer hereunder or of any damages accruing
by reason ofthe breach ofany ofthe terms or conditions ofthis Agreement.
Fuels on board repos repossessed Equipment will become the property of
Avfuel, and credited against any amount owed Avfuel by Customer at that
day's market price.
11.3. The Party claiming a breach may waive that breach by giving Notice to
the other Party in the manner set forth in Section 14 below. The waiver ofany
breach shall not constitute a waiver ofany subsequent breach ofthe same or
Customer's InitialsPage 2 of l0
Attachment number 1 \nPage 4 of 12
Item # 5
any other term or condition Any failure ofeither Party to enforce rights or seek
remedies arising out of any breach by the other Party shall not prejudice or
affect the rights and remedies of that Party in the event of any subsequent
breach by the other Party.
11.4. Except as set forth in Section 112, any dispute that arises under this
Agreement, pursuant to Section ll.l or otherwise, shall be submitted to a
senior officer or other person having the authority to negotiate the resolution of
such disputes for each Party. Those persons shall attempt, in good faith, to
resolve the dispute, and no action in law or equity shall lie until the process set
forth herein shall have run its course. If the dispute involves the payment of
money, all undisputed amounts shall be paid when due regardless ofwhether
the undisputed amount is only part ofan invoice.
I I 5. The exercise of a Party's right to terminate the Agreement or to
exercise any other remedy shall not be deemed an election of remedies and
shall be without prejudice to the non-breaching Party's rights to exercise any
other remedy afforded to it by this Agreement or by law or equity. In any
action related to the enforcement or breach ofthis Agreement, the prevailing
Party shall have the right to recover its reasonable attorney's fees and costs
actually incurred.
12. INSTJRANCE:
12.1 Customer shall secure and at its cost shall thereafter maintain in effect
during the term of this Agreement the following insurance and fumish Avfuel a
Certificate of Insurance evidencing: (l) aviation general liability insurance,
including products and completed operations liability, with limits not less than
one million dollars ($1,000,000.00) combined single limit for bodily injury and
property damage; and (2) automobile liability insurance with limits not less tha¡l
one million dollars ($1,000,000.00) combined single limit for bodily injury and
property damage; (3) workers compensation covering all employees ofCustomer
and (4) physical damage coverage covering the value ofany leased Equipment.
shall provide for at least thirty (30) days' written Notice to Avfuel prior to
cancellation or modification. Prior to the Effective Date stated in the Summary,
and from time to time thereafter as requested by Avfuel, Customer shall fumish
Avfuel a Certificate of Insurance evidencing compliance with this Section.
12.2. Customer may, if it chooses, apply for this insurance through Avfuel's
subsidiary, Avsurance Corporation.
12.3 Avfuel cunently offers to qualifuing customers that participate in Avfuel's
Brand Program ("Branded Dealers") the opportunity to participate in Avfuel's
Excess Aviation Liability Insurance Program. To qualiS, a Branded Dealer
must maintain as its primary insurance coverage an Airport Liability Policy
with premises, products and completed operations coverage of $1,000,000
(combined single limit) issued by an insurer acceptable to Avfuel. This
Program currently allows quali$ing Branded Dealers, at no charge, to be
designated as additional insured parties under an Excess Aviation Liability
Insurance Policy secured by Avfuel, with excess coverage in the amount of
$50,000,000 against claims for bodily injury or property damage resulting from
defects in any aviation gasoline and jet fuel that is supplied by Avfuel to the
Branded Dealer and resold by the Branded Dealer to end users.
To participate in this Program and secure this excess coverage, the Branded
Dealer must complete and submit to Avfuel the required Application and
provide to Avfuel a Certificate of Insurance confirming its primary insurance
coverage and naming Avfuel as an additional insured. A Branded Dealer
becomes an additional insured under Avfuel's Aviation Products Excess Liability
insurance coverage on the date that Avfuel delivers Notice to the Branded Dealer
that its Application and Certificate oflnsurance have been approved by Avfuel
and the excess coverage will be applicable to occuffences following that date.
Avfuel reserves the right to discontinue this Program or to require the Customer
to pay a charge for participation in this Program. But in that event, Avfuel will
deliver Notice to the Branded Dealer at least thirty (30) days prior to the
effective date ofthat discontinuance or cost change so that the Br¿¡lded Dealer
has the ability if it chooses to make altemative arrangements.
12.4 Avfuel shall provide the following insurance to the Customer:
INSURANCE REQUIREMENTS. Avfuel, shall at its sole cost and expense
and for the full term of the Agreement including any extension thereof, shall
obtain and maintain, at a minimum, all of the insurance requirements outlined
below: .
12.4.1 Avfuel shall provide a Comprehensive Broad Form General Liability to
include Products and Completed Operations Liability coverage program of at
Ieast $50,000,000 per occurrence. Customer shall be added as an additional
FBO Aviation Fuel Supply Agreement
Rev l0l15/13
named insured and be given a thirty (30)-day notice of any cancellation or
policy changes.
12.4.2 Comprehensive General (Public) Liability: Coverage shall have
minimum limits of $3,000,000 per Occunence, Combined Single Limit for
Bodily Injury Liability and Property Damage Liability. This shall include
Premises and Operations; Independent Contractors; Products and Completed
Operations and Contractual Liability (insuring Indemnity provision within this
contract).I2.4.3 Business Auto Liability: Coverage shall have minimum limits
of $5,000,000 per Occunence, Combined Single Limit for Bodily Injury
Liability and Property Damage Liability. This shall include: Owned Vehicles,
Hired, and Non-Owned Vehicles and Employee Non- Ownership
12.4.4 Workers Compensation: Insurance covering all employees meeting
Statutory Limits in compliance with the applicable state and federal laws. The
coverage must include Employers' Liability with a minimum limit of
$500,000 for each accident.
f3, ASSIGNMENT: Neither Avfuel or the Customer shall æsign its rights
or delegate its obligations under this Agreement, in whole or in part, unless
with the prior written consent of Avfuel, which consent will not be
unreasonably withheld
Any transfer of a controlling interest in Customer or Avfuel shall be deemed
an assignment requiring the consent ofthe other.
14. NOTICES: All notices permitted or required under this Agreement
(each a "Notice") shall be in writing. Notices by facsimile or email
transmission shall be deemed "delivered" on the date of confirmed
transmission, without enor, to the fax number or email address designated in
the Summary. Notices by mail shall be deemed delivered three (3) business
days following the date deposited with the United States Postal Service,
certified mail, retum receipt requested, postage prepaid, addressed to the Party
at the address ofthe principal ofïice. Notices sent by ovemight courier shall
be effective on the next business day following deposit with the ovemight
courier for ovemight delivery with the delivery fee prepaid, addressed to the
Party at the address of the principal offrce, and with instructions to obtain the
signature of the addressee.
15. PROGRAMPARTICIPATION:
15.1 The provisions of these General Terms And Conditions will apply to the
CUSTOMER CREDIT PROGRAM,, BRAND PROGRAM, AVTRIP
PROGRAM, CREDIT CARD ACCEPTANCE PROGRAM, AVSURANCE
PRIMARY COMMERCIAL INSURANCE PROGRAM, CONTRACT FUEL
PROGRAM and EQUIPMENT LEASE PROGRAM that are described in the
subparts below (each a "Program") except to the extent these provisions are
inconsistent with the provisions in the subpart describing that Program..
15 2 If the Customer participates in any Program, whether by formally
electing to participate in that Program by selection in the Summary or by
informally electing to participate in that Program by taking part in the
benefits ofthat Program, the Customer will be bound by and subject to the
provisions in the subpart relating to that Program, as supplemented by the
provisions ofthese General Terms And Conditions.
f6. GOVERNING LAW: This Agreement shall be construed as having been
made in the State of Georgia and all rights and obligations under it shall be
governed by the laws ofthe State ofGeorgia without regard to its conflict of
laws provisions. Any lawsuit to interpret or enforce and provision of this
Agreement shall be brought in the State ofGeorgi4 and exclusivejurisdiction
shall lie with the courts located in Augusta Richmond County and each Party
hereby submits to the exclusivejurisdiction ofthose courts.
17. SEVERABILITY: In the event that any court of competent jurisdiction
shall determine that any provision ofthis Agreement shall be unenforceable,
then that provision shall be deemed to be null and void and the remaining
provisions hereof shall remain in full force and effect.
18. ENTIRE AGREEMENT/AMENDMENTS: This Agreement, including
all of its parts, sets forth the entire agreement between Avfuel and Customer
with respect to the subject matter hereof and there are no other terms or
conditions, oral or written, express or implied, relating to or otherwise affecting
such subject matter. No term or condition of tlre Summary or Special Terms
And Conditions shall be changed, supplemented, cancelled or waived unless in
writing and signed by both Avfuel and Customer. Avfilel reserves the right at
any time and from time to time to amend these General Terms And Conditions
and the Programs. The General Terms And Conditions and the Programs, as
amended from time to time, are posted at y Àry¿LfuçIça$/þgallayfugl
Page 3 of l0 Customer's
Attachment number 1 \nPage 5 of 12
Item # 5
branded dealer.asp. If Avfuel and Customer have, prior to the effective date,
been parties to any other agreement relating directly to the sale of Products to
Customer (a "Prior Agreement"), such Prior Agreement, except for
guararitees, shall be superseded as ofthe effective date and all rights and
obligations between Avfuel and Customer with respect to the supply of
Products from and after the effective date shall be govemed by the terms of
this Agreement. The terms and conditions of such Prior Agreement shall,
however, remain in full force and effect with respect to rights and obligations
relating to the supply of Products prior to the effective date and nothing
contained in this Agreement shall be construed as terminating or otherwise
affecting any such rights or obligations.
Employment Eligibility Verification and Systematic Alien Verification for
Entitlements (SAVE):All contractors and subcontractors entering into
contracts with August4 Georgia for the physical performance of services
shall be required to execute an Affidavit veriry¡ng its compliance with
O.C.G.A. S 13-10-91, stating affirmatively that the individual, firm, or
corporation which is contracting with August4 Georgia has registered with
and is participating in a federal work authorization program. All contractors
and subcontractors must provide their E-Veriff number and must be in
compliance with the electronic verification of work authorized programs
operated by the United States Department of Homeland Security or any
equivalent federal work authorization program operated by the United States
Department of Homeland Security to verif, information of newly hired
employees, pursuant to the Immigration Reform and Control Act of 1986
(IRCA), P.L. 99-603, in accordance with the applicability provisions and
deadlines established in O.C.G.A. $ 13-10-91 and shall continue to use the
federal authorization program throughout the contract term. All contractors
shall further agree that, should it employ or contract with any subcontractor(s)
in connection with the physical performance of services pursuant to its
contract with Augusta, Georgia the contractor will secure from such
subcontractor(s) each subcontractor's E-Verif, number as evidence of
verification of compliance with O.C.G.A. $ 13-10-91 on the subcontractor
affidavit provided in Rule 300-10-01-.08 or a substantially similar form. All
contractors shall further agree to maintain records of such compliance and
provide a copy of each such verification to Augusta, Georgia at the time the
subcontractor(s) is retained to perform such physical services.
20. Systematic Alien Verification for Entitlements (SAVE) Program
O.C.G.A. $ 50-36-1, requires Georgia's cities to comply with the federal
Systematic Alien Verification for Entitlements (SAVE) Program. SAVE is a
federal program used to veriff that applicants for certain "public benefits" are
legally present in the United States. Contracts with August4 Georgia are
considered "public benefits." Avfuel's affidavit is attached hereto.
21. Avfuel must be able to provide fuel as requested by FBO to include any
increases generated by special events affecting the sale of aviation fuel at
Airport i.e., Masters@ Golf Toumament or military exercises. As an indicator
of Fuel Farm requirements, the following represents the estimated number of
gallons required:
Type Annually Monthly Avg Monthly Range
JetA 3,000,000 250,000 140,000 - 600,000
r00LL 45,000 3,7s0 3,000 - 5,000
2l.l Fuel Allocation.
In the event of fuel allocation, not mandated by Federal or Georgia
regulations, Avfuel will be required to supply the Farm on a monthly basis
with the same quantity of fuel needed for the same month of the previous
calendar year plus an additional factor often percent (107o).
22. Fuel Specifications
22.1 JET A. Meet the requirements of ASTM (American Society for Testing
and Materials) D-1655 (latest revision). If fuel delivered to the Customer
contains additives, Supplier shall speci$, the additive(s) and associated
cost(s).
22.2 Avgas l00LL. Shall meet the requirements of ASTM D-910 (latest
revision). If fr.¡el delivered to the Farrn contains additives, Supplier shall
specifo the additive(s) and æsociated cost(s).
22.3 Quality Control Tests. Customer may perform any quality control tests
that are generally accepted in the aviation fuel industry and reserves the right
to reject any delivery it deems unsuitable. Farm maintains the right to reject
any operator/truck violating rules of safety. Supplier will perform and
document the following quality control tests before shipments are delivered at
FBO Aviation Fuel Supply Agreement
Rev l0/15/13
the Farm: Visual, Coloç TWSIM (Jet A only), Gaging, Bottom sediment and
water, Temperature, API Gravity, etc.
CUSTOMER CREDIT PROGRAM:
IN THE EVENT THAT AVFUEL CHOOSES TO DELIVER GOODS
OR SERVICES THAT HAVE NOT BEEN PAID FOR IN FULL BY
WIRE TRANSFER PRIOR TO THE TIME OF TIIAT DELIVERY.
AVFUEL SHALL BE CONSTRUED AS HAVING EXTENDED
CREDIT TO CUSTOMER AND THE F'OLLOWING TERMS AND
CONDITIONS SIIALL APPLY.
l. Credit tems may not be used during any period in which the Customer is in
breach of its obligations under this Agreement. In addition to the provisions of
Section ll ofthe General Terms And Conditions, for the specific puçoses of
this
Customer Credit Program, the Customer will be in breach if (a) any amount
charged to the Customer's account is not paid in accordance with the agreed
upon payment terms; (b) ifand for so long as the Customer is in breach ofany
of its obligations under any Agreement with Avfuel or any of its subsidiaries;
or (c) if Avfuel determines that there is any misrepresentation or breach of a
wananty by the Customer under or with respect to any Agreement with
Avfuel. Use of credit is limited to the amount specified in the Special Terms
And Conditions of this Agreement. No purchase may be made which would
cause the total amount owed under this Agreement to exceed that credit limit.
2. Upon termination of this Agreement, Customer shall have no right to credit
terms for new purchases, but all obligations incurred prior to the termination,
as well as all remedies provided for default or breach, shall survive. IfAvfuel,
intentionally or unintentionally, permits any purchases on credit after
termination, then the terms of this Agreement shall pertain to those charges.
3. Subject to tlre approval by Avfuel at its offices in Michigan, all purchæes
by Customer for which Avfuel does not receive payment at or prior to the time
of delivery to Customer shall be charged as principal to Customer's account.
Avfuel may require Customer or Customer's authorized representative, as a
condition ofdelivery or at any time thereafter, to give receipt for all deliveries
in writing and to sign sales slips and other documents in Avfuel's opinion
necessary to record or substantiate any or all transactions resulting in a charge
to Customer's account.
4. Avfuel shall invoice Customer for all Products delivered to Customer or
to Customer's designees. Invoices shall include the selling price of the
Products delivered, taxes, duties, and any other charges as separate line
items. Each invoices will be payable in full on or before that due date
specified in that invoice.
5. Unless otherwise determined by Avfuel in its discretion, all payments
received will be applied by Avfuel (subject to collection of remittance if
other than cash) first to interest, ifany, accrued on Customer's account, then
to the unpaid principal balance owed upon such account in direct calendar
order ofdue date.
6 Customer agrees to pay to Avfuel upon demand a fee of $50.00 for each
check, draft or other form of remittance that is not honored by the drawee
upon due presentment by Avfuel or its agents.
7. From time to time, Avfuel may send Customer a statement of Customer's
account for Customer's information showing in summary, or in such detail as
Avfuel may deem appropriate, cunent transactions Avfuel posted to Customer's
account to date thereof, the amount ofinterest (ifany) which hæ accrued, and the
balance owing thereon; however, the failure of Avfuel to fumish any such
statement shall not relieve Customer of the obligation to make payment against
invoices when due in accordance with the other terms of this Agreement.
Customer agrees to review all statements promptly after receipt, and shall have
tlìirty (30) days íìom dale of receipt to notit¡ Avfuel in writing of any
discrepancies. If no such Notice is given, such stålement shall be conclusively
presumed correct.
8. In the event that any invoice is not paid in full by the due date stated
within thirty (30) days, the unpaid amount of the invoice shall bear interest
until paid at the lower of 18% per annum or the highest rate which may
lawfully be contracted for, charged and received according to applicable law
for business purchases at the time of delivery Notwithstanding anything in
this Agreement to the contrary, Customer shall never be obligated to pay and
Avfuel shall never be entitled to receive any interest upon any indebtedness
incuned by Customer pursuant hereto in excess of the maximum contract rate
Page 4 of 10 Customer's Inifi clc
Attachment number 1 \nPage 6 of 12
Item # 5
9. of interest authorized by applicable law for business purposes, and it is
expressly understood and agreed that ifAvfuel shall render any charge for the
payment of usurious interest, such charge shall be automatically and
unconditionally reduced to the maximum non-usurious amount, and the
excess, if paid, shall be applied as credit to Customer's account. If such
application results in a credit balance in Customer's said account, such
balance shall be refunded to Customer or applied to the next due amount in
such account as Customer shall direct.
10. If, at any time during the term of this Agreement, the financial
responsibility of Customer becomes impaired or unsatisfactory to Avfuel, in
the sole judgment of Avfuel, Avfuel, effective immediately upon delivery of
Notice to Customeq may require the advance cash payment or other security
satisfactory to Avfuel for any shipment of fuel and shipment may be withheld
until such payment or security is received.
11, THIS PARAGRAPH APPLIES ONLY TO THOSE PERSONS
WHO'S SIGNATURES APPEAR AS GUARANTORS ON THE
SIGNATURE PAGE OF THIS AGREEMENT. PERSONS SIGNING AS
GUARANTORS SHALL BE CONSTRUED AS PERSONAL
GUARANTORS REGARDLESS OF ANY OTHER DESIGNATION. In
consideration of the extension of credit by Avfuel to Customer, each of the
parties signing as Gua¡antors on the signature page of this Agreement agrees to
guarantee the prompt payment of all amounts owed to Avfuel by Customer
whether such amounts are existing at the time that this Guarantee is signed or are
incuned at any time during the life of this Gua¡antee. Avfuel may demand
payment from a Guarantor under this Guarantee at any time that it deems itself
insecure with respect to any amount owed by Customer. Each Guarantor hereby
waives notice of acceptance of this Gua¡antee by Avfuel, notice of default by
Customer, and all other notices that the Guarantor may otherwise be entitled to
receive. Failure on the part ofAvfuel to give any such notice shall not discharge
any obligation of any Guarantor under this Guarantee. Each Guarantor also
hereby waives any requirement that Avfuel proceed against Customer before
making a demand for payment hereunder, and agrees to pay all attomey's fees
and court costs incurred by Avfuel in the enforcement of its rights hereunder.
This is a continuing Guarantee and shall not be revoked by the death of any
individual party or by the dissolution of any co¡porate party or any other entity
that is a party hereto, and shall remain in force until Avfi¡el receives written
notice to extend no further credit to Customer on the security ofthis Gua¡antee.
Such notice shall not discharge any obligation ofany Guarantor æ to any then
existing indebtedness or obligation of Customer arising out of a hansaction that
took place prior to the receipt of such notice, regardless of the time for
determination, maturity, or performance thereof. Each Gua¡antor agrees to
provide periodic statements of frnancial condition to Avfuel upon request. This
Guarantee shall survive the termination of this Agreement until all amounts due
Avfuel under this Agreement have been paid in full.
12. Avfuel reserves the unilateral right to amend, suspend, or terminate the
Customer Credit Program at any time effective upon sixty (60) days written
notice to the Customer. Customer may withdraw from this Program upon
sixty (60) days Notice to Avfuel. See Section 14 of the General Terms and
Conditions regarding Notices. Termination of Customer's participation in
this Program shall not be construed as terminating the Agreement or
Customer's participation in another Program.
BRAND PROGRAM:
IF CUSTOMER HAS ELECTED TO PARTICIPATE IN AVFUEL'S
BRAND PROGRAM. THE FOLLO1VING WILL APPLY.
L Customer has been invited and has elected to participate in Avfuel's Brand
Program. Accordingly, Avfuel hereby licenses Customer as a dealer
("Branded Dealer") to use Avfuel's Brand Names and Trademarks subject to
the provisions set forth herein All trade names, trademarks, service marks,
logos and other commercial symbols that Avfuel either owns or has the right
to sub-license (the "Intellectual Property") shall be and remain the property of
Avfuel. Further all signs, decals, graphic materials and other tangible property
supplied by Avfuel wbich bear or are imprinted with any of the Intellectual
Property or are used to imprint or display the same (the "Branded Property")
and all replacements thereof shall be and remain the property of Avfuel. Any
use of the Intellectual Property or the Branded Property by the Customer
otherwise than as expressly authorized by this Agreement is hereby expressly
prohibited. Upon termination of Customer's participation in the Brand
Program Customer shall, at its expense, de-install and retum to Avfuel all
salvageabl€--+ig+aæ and retum or destroy all other items that identifl
Customer as a branded Avfuel dealer.
2. Avfuel agrees to supply to Customer, for Customer's use and possession
during the term ofthis Agreement such signs, decals, credit card imprinters
FBO Aviation Fuel Supply Agreement
Rev l0/15/13
and other graphic materials as Avfuel deems necessary in order to identiff
Customer as an Avfuel Branded Dealer. Unless otherwise agreed in writing,
Avfuel will bear all costs of such materials. Customer agrees to honor all
Avfuel charge cards, subject to the provisions ofthe Credit and Charge Card
Acceptance Program set forth below, during Customer's participation in
Avfuel's Brand Program.
3. Customer shall be responsible for obtaining all necessary permits and for
installation of all Branded Property including (without limitation) all
electrical and other connections, and shall make sure that all installations
shall comply with all brand specifications and with all applicable state and
local codes, ordinances and governmental regulations (if any). Unless
otherwise agreed in writing, the Customer will bear all costs of installation.
No signage shall be installed so as to become a fixture upon real property.
The use ofcolor schemes and Intellectual Property painted on facilities and
equipment owned by Customer or others and used in the conduct of
Customer's business, shall comply with particular and displayed
specifications Customer shall be responsible for maintenance and upkeep of
Branded Property and Paint-ons, and agrees to keep and maintain the same at
all times in a good, clean, safe, operative and first class condition, neatly
painted and displayed. If any of such installation or maintenance is
performed by Avfuel, Customer agrees to remit upon demand all costs
thereof, including (without limitation) all expenditures for labor, materials
and the like. Ifany Branded Property is damaged, lost or destroyed while in
Customer's use, possession or control, or if Customer shall deliver any of
such property to anyone not herein expressly authorized to use or possess it,
Customer agrees to repair, recover or replace such property forthwith, at
Customer's expense
4. Customer shall keep all Branded Property insured at all times against loss,
theft, fire or physical damage, up to the full replacement cost thereof,
designating Avfuel as the loss payee. The Customer shall pay when due all
personal property taxes and assessments assessed against the Branded
Property and shall neither suffer nor permit any lien or encumbrance or any
attachment against any ofsuch Branded Property.
5. Customer agrees that it will not use or display any Branded Property or
Intellectual Property: (a) in a manner which causes or is calculated to cause
confl¡sion among patrons of Customer or the general public as to the type,
characteristics, quality, manufacture or sponsorship ofany fuel or other product
which Customer offers for sale; (b) for the purpose of selling or promoting the
sale of aviation fuel other than fuels supplied by Avfuel; or (c) for the purpose
of selling or offering for sale any product which has been diluted or
adulterated, whether intentionally or not. Customer fufher agrees that it will at
all times maintain its facilities and conduct its operations in compliance with
those standards and procedures established from time to time by Avftel and
applicable to aviation fixed base operators displaying any of the Intellectual
Property. Such standards and procedures may include (without limitation)
image quality standards for the brand displayed, quality control and refueling
procedures for products bearing such brand, and standards for services offered
and facilities utilized by Customer in conjunction with such products. Avfuel
may, but shall be under no obligation to conduct periodic tests and inspections
as it may deem appropriate to evaluate compliance with this Agreement.
Copies of all test and inspection reports shall be given to Customer. It is
expressly understood that the purpose of any such tests or inspections is to
assist Customer in complying with the standards set for a Branded Dealer. By
performing such tests or inspections Avfuel assumes no responsibility for
Customer's failure tO¡onpb¿¡u¡i1h:thç,$htdards or for safety hazards, latent or
patent, created or maintained by Customer. If Avfuel determines, in its sole
discretion, that Customer is or has violated this provision, tlren Avfuel may
suspend or terminate Customer's right to use Avfuel's Brands and or
Trademarks.
6. Avfuel has invited the Customer to participate as a Branded Dealer on the
expectation and condition that (a) the Customer's deliveries of aviation fuel at
the Delivery Addresses will be limited to deliveries to end users pursuant to
direct sales by the Customer to those end users and deliveries to purchasers
listed as Contract Fuel Customers (a "CFC") to facilitate direct sales by Avfuel
to those CFCs pursuant to Avfuel's Contract Fuel Program (the "CFD
Program"), (b) the Customer will make deliveries of aviation fuel at the
Delivery Addresses to purchæers listed as CFCs only pursuarit to the CFD
Program and will not make direct sales to those CFCs and (c) except for sales
pursuant to the CFD Program to purchasers listed as CFCs for brokered resale
by those CFCs to end users, the Customer will not make any deliveries of
aviation fuel at the Delivery Addresses pursuant to brokered sales (i.e. sales to
end users in which a third party receives a brokerage margin or commission or
other fee from the Customer or the end user or sales to third parties who resell
Page 5 of 10 Customer's Initials
Attachment number 1 \nPage 7 of 12
Item # 5
the fuel to end users). The Customer acknowledges that these conditions are
necessâ¡y to preserve Avfuel's continuing investment in developing and
maintaining Avfuel's Brand Program and that Customer's failure to comply
with these conditions will result in Avfuel's exercise of the right pursuant to
Section 7 to discontinue the Customer's participation as a Branded Dealer.
7 Avfuel reserves the unilateral right to amend, suspend, or terminate the
Brand Program at any time effective upon written notice to the Customer.
Customer may withdraw from this Program upon sixty (60) days Notice to
Avfuel. See Section 14 of the General Terms and Conditions regarding
Notices. Termination of Customer's participation in this Program shall not be
construed as terminating the Agreement or Customer's participation in another
Program.
AVTRIP PROGRAM:
IF CUSTOMER HAS ELECTED TO PARTTCIPATE IN AVFUEL'S
AVTRIP PROGRAM. THE FOLLOWING WILL APPLY.
I Customer has been invited and has elected to participate in Avfuel's
AVTRIP Program a marketing incentive program intended to reward pilots
who choose to purchase fuel and services from participating Avfuel dealers.
2. C\stunerwill:
2. l. Use its best efforts to enroll pilots in the AVTRIP Program;
2.2. Awud all participating pilots two AVTRIP Points for each U.S. gallon of
fuel purchased from Customer and, at Customer's discretion, a minimum of
one point for each U.S. dollar, or part thereof, spent by a participating pilot for
parts and services at Customer's facilities;
23. Pay to Avfuel, by deduction from amounts due to Customer or in cash if
no amounts are due Customer, $.01 for each AVTRIP point awarded;
2.4. Maintain complete records of all points eamed by participating pilots;
25. Train its personnel in the operation of the AVTRIP Program, and
prominently post written materials relating to AVTRIP in and around its
facilities in order to encourage pilot participation in the program; and
2.6. Promptly send all enrollments to Avfuel so that the enrollee can be added
to the list of AVTRIP participants. Not less frequently than every two weeks,
Customer will send Avfuel copies of all records pertaining to points eamed by
pilots that have not been previously reported via POS transmission, and remit
to Avfuel all sums due hereunder.
3. Avtuel will:
3.1 Act as the administrator of the AVTRIP Program; and
3 2. Include the AVTRIP Program in its local, national and intemational
marketing and advertising efforts as it deems appropriate to encourage pilot
paficipation in the AVTRIP Program.
4. The price charged to any pilot for fuel, pafs or service shall not be
based on whether a pilot participates in the AVTRIP Program.
5. Avfuel reserves the unilateral right to amend, suspend, or terminate the
AVTRIP Program at any time effective upon written notice to the Customer.
Avfuel also reserves the right to terminate any individual's participation at any
time for misuse of the AVTRIP card, violation of the rules of the program, or
inactivity for a period of twelve (12) consecutive months. Customer may
withdraw from this Program upon ninety (90) days Notice to Avfuel. See
Section 14 of the General Terms and Conditions regarding Notices.
Termination of Customer's participation in this Program shall not be
construed as terminating the Agreement or Customer's participation in any
other program.
CREDIT AND CHARGE CARD ACCEPTANCE PROGRAM:
IF CUSTOMER HAS ELECTED TO PARTICIPATE IN AVFUEL'S
CREDIT AND CHARGE CARD ACCEPTANCE PROGRAM. THE
FOLLOTryING WILL APPLY.
l. Customer has been invited a¡rd has elected to participate in Avfuel's Credit
and Charge Card Acceptance Program (the "Charge Card Acceptance
Program") Accordingly, Customer may honor any valid credit or charge card
listed as accepted in the most current Acceptable Card List C'ACL") issued by
FBO Aviation Fuel Supply Agreement
Rev l0/15/13
Avfuel and published in its website at Avfuel.con:! (the "Accepted Cards") for
the purchase by the party to which that card is issued (the "Cardholder") of
products and services if the purchase has been specifically approved by
Avfuel
2. Customer shall prepare a voucher for each transaction (a "Card Transaction")
with an Accepted Card (a "Voucher") and shall promptly submit that Voucher to
Avfuel. The term "Voucher" means an electronically prepared credit card slip or
other written record ofa credit sale in form acceptable to Avfi.lel that has been
frrlly completed by Customer and for which Customer is retaining a copy signed
a person authorized to use that Accepted Card (an "Authorized User"). Each
Voucher must be submitted electronically by means of an approved point of sale
machine or point of sale software system (a "POS Device") in accordance with
the instructions conlai¡Ed-iûlhf.thÊ¡Lcuren edition of Avfuel's Manual that can
be viewed or downloaded at Avfuel's \üebsite at Avfuel.com. In all Ca¡d
Transactions, tlre Customer is responsible for making sure that the card
presented is an Accepted Card and is not expired and that the person signing the
Voucher is an Authorized User. In Card Transactions where the Voucher is first
prepared manually, the Customer is also responsible to make sure that the
Voucher is complete and legible. If imprinted and hand written amounts on a
Voucher do not agree the lesser amount shall be presumed to be correct. The
Customer shall make a manual imprint of all ca¡ds electronically processed but
requiring that the card number be entered manually, in order to prove that the
ca¡d was present at the time of sale. "Promptly" means batches of Vouchers
should be submitted (settled) at least once per day and by ll:00 PM Centd
Time but in no case any less frequently than once every 72 hours. Customer
must keep copies ofsigned Vouchers and summaries for a period ofseven (7)
years and supply Avfuel with duplicates if requested. Manual Ca¡d Tra¡sactions
are for pre-ananged emergency processing only and are not accepted under most
circumstances. Higher discount rates apply for manual Card Transactions and
electronic Ca¡d Tra¡rsactions not settled and received daily by 1 I pm Central
Time.
3. Upon receipt from the Customer of a properly prepared and processed
Vouchers together with any necessary summa¡ies thereof on forms prescribed
by Avfuel at its website at Avfuel.com, Avfuel shall, on its normal schedule,
remit to Customer or, æ Avfuel may elect, credit Customer's fuel purchase
account with Avfuel, in an amount equal to the total face amount of all such
Vouchers less such discounts as applicable according to Avfuel's then current
Accounts Receivable Discounts Schedule ("ARDS) issued to Customer by
Avfuel and subject to adjustments and chargebacks as provided in Section 7
below and less any fees for AVTRIP point awards. In addition to any lien
rights \ilhich Avfuel might otherwise possess as a result of services provided to
the Cardholder, upon Customer's receipt of the payment or credit from Avfuel
for the Vouchers generated from the Customer's sales to that Cardholder, the
Customer automatically and inevocably transfers to Avfuel any lien rights that
Customer has or may have with respect to any property owned by the
Cardholder arising from the Ca¡d Transaction(s) for which those Vouchers
were issued. Avfuel's ARDS is subject to change upon five (5) days prior
written Notice
4. Customer acknowledges merchant processing instructions and rules and
regulations established by the issuers ofthe Accepted Cards (the "lssuers")
in the Issuers' websites that a¡e included in or referenced in Avfuel's website
at Avfuel.com and agrees to abide by these instructions, rules and
regulations, as updated from time to time by the Issuers. Furthermore
Customer agrees to comply with all Data Security Standa¡ds and Data
Security Policies of the Issuers (the "PCI/DSOP Requirements") and certifies
to Avfuel that it is and will continue to be compliant with those PCI/DSOP
Requirements. Customer understands that failure to be fully compliant with
the PCI/DSOP Requirements may result in loss of right to process Card
Transaction under the Charge Card Acceptance Program. Customer
acknowledges that Avfuel has no responsibility or liability if Customer fails
to abide by such instructions, rules and regulations.
5. Customer acknowledges receipt of, and agrees to observe, Avfuel's cunent
instructions for recording and processing Card Transactions that are included
in Avfuel's website at Avfuel.com Avfuel reserves the right to amend any and
all instructions in its website and to add new instructions to its website from
time to time, and Customer aglees to be bound by all such amendments arid
new instructions. Avfuel also reserves the right to issue new or revised forms,
POS Machines, software and imprinters from time to time, and to issue
instructions regarding their use to be effective upon five (5) days prior written
Notice.
Page ó of I0 Customer's
Attachment number 1 \nPage 8 of 12
Item # 5
6. Customer shall be solely liable and responsible for charging and subsequent
remitta¡rce of all taxes to the proper authorities for all Card Transaction
regardless of whether charged to purchaser. Avfuel does not assume any
responsibility for the setup, tax rate, reporting or payment of any tax
applicableto sales or other transactions resulting in credit card accounts
receivable.. CUSTOMER IS SOLELY RESPONSIBLE FOR KNOWING
THE TAXES THAT MUST BE CHARGED FOR EACH CARD
TRANSACTION AND FOR PROPER SETUP FOR TAXES IN ANY
ELECTRONIC SYSTEM AND THE MAINTENANCE OF THAT
ELECTRONIC SYSTEM.
7. Without limiting the generality of other provisions of this Agreement or in
Avfuel's website at Avfuel.com pertaining to charge backs, it is specifically
understood and agreed that Avfuel may decline to accept or, ifaccepted, may
subsequently charge back to Customer any Voucher:
7.1 Where any of the required information is omitted or illegible;
7 .2. Thú. is imprinted or processed with an expired credit card;
7.3. Covering a purchase not authorized by the Cardholder or involving fraud
or any misuse of a credit card by the purchaser with or without Customer's
knowledge;
7.4. Covering a transaction that has not been authorized by Avfuel or does
not carry a valid authorization code;
7.5. Covering a transaction or series ofrelated transactions (constituting in the
reæonable opinion of Avfuel a single sale transaction) the aggregate face
amount of that exceeds any of the single sale limitations to which the parties
hereto may agree;
7 .6. That becomes the subject of a dispute between Customer and Cardholder,
including but not limited to cases where the Customer did not conspicuously
post at its facility and print on a work order signed by the Cardholder the
Customer's return policy for goods and services
7.7. Where the Authorized User has not received a copy of the Voucher;
7.8. For which Customer has received or will receive any payment or
reimbursement from any person other than Avfuel;
7.9. Where Customer has granted any right of ownership or security interest to
any person other than Avfuel unless the invoice is accompanied by a written
waiver of such interest;
7.10. Presented by Customer to Avfuel more than ten (10) days after the
transaction date;
7.11. If the Card Transaction occuned or wæ settled after the date of
expiration or termination of this Agreement;
7.12. Cteated by any person other than Customer, or in any transaction other
than a Card Transaction in which Customer has sold merchandise or services
to a purchaser presenting an Accepted Card for use in payment for that Card
Transaction;
7.13 That are charged back to Avfuel by an Issuer for any
reason at all; or
7.14 That in any other manner does not conform to this Agreement or with
Avfl¡el's or Issuer's instructions for recording and processing Card
Transactions in its website at www.avfuel.com.
8 In the event that a charge back exceeds the credit balance in Customer's
fi.rel purchase account then canied by Avfuel, Customer agrees to pay such
excess within three (3) days after notice that such excess is due. Upon
reimbursement, title to the Voucher(s) that include such excess and the
indebtedness represented thereby (to the extent of such excess) shall pass to
Customer. If any funds come into Avfuel's possession for any voucher that
has previously been charged back to Customer, Avfuel will promptly credit
the full amount thereof to Customer's account. Avfuel's charge back rights and
rights of recourse against Customer shall survive the termination of this
Agreement.
FBO Aviation Fuel Supply Agreement
Rev l0/15/13
9. Cash advances may not be charged on any Accepted Card and charges for
fuel in Vouchers shall only include charges for fuels from stocks delivered by
and purchased from Avfuel.
10. From time to time, Avfuel will send Customer a Credit Ca¡d Remittance
Summary for Customer's information showing in such detail as Avfuel may
deem appropriate the Card Transactions and amounts that have been credited
to Customer's account or paid to Customer during the period since the læt
report. The failure of Avfuel to fumish a Summary shall not relieve Customer
of any obligations under the Charge Card Acceptance Program. Customer
agrees to review all such Summaries promptly after receipt. In any even!
Customer shall be solely responsible for making sure that it has received
proper payment for each Card Transaction submitted. Customer shall have
forty-five (45) days from the date of a Card Transaction to provide Avfuel
Notice that the Card Transaction has not been properly accounted for or that
payment has not been received. If no such Notice is given, such Card
Transaction shall be conclusively presumed to have been settled and closed.
11. Avfuel reserves the unilateral right to amend, suspend, or terminate
Charge Card Acceptance Program at any time effective upon written notice to
the Customer. Customer may withdraw from the Charge Card Acceptance
Program upon 60 days Notice to Avfuel. Termination of Customer's
paficipation in the Charge Card Acceptance Program shall not be construed
as terminating the Agreement or Customer's participation in any other
Program.
12. This Charge Card Acceptance Program is further govemed by the Avfuel
Corporation AFSA General Terms and Conditions, latest edition, as updated
from time to time and published at Avfuel.com. In the case of conflicts, the
terms ofthis Charge Card Acceptance Program shall prevail.
CONTRACT FUEL DEALER PROGRAM:
IF CUSTOMER HAS ELECTED TO PARTICIPATE IN AVFUEL'S
CONTRACT FUEL DEALER PROGRAM. THE FOLLO\ryING \ryILL
APPLY.
L Customer has been invited and has elected to paficipate in Avfuel's
Contract Fuel Dealer Program (the "CFD Program"). Accordingly, Customer
agrees to sell and deliver to clients who participate in Avfuel's Contract Fuel
Program (the "CFCs" or a CFC" as the context may require) aviation fuel
supplied by Avfuel and other products and services supplied by the Customer.A CFC is a person or entity that has executed a Contract Fuel User's
Agreement with Avfuel or that is specifically authorized in witing, in
accordance with authorization procedures established from time to time by
Avfuel, and is included in a listing ofpurchasers eligible to purchase aviation
fuel and other products and services under the CFD Program. The Customer
will secure authorization fiom Avfl¡el before completing a sale to a CFC and
the failure to obtain such authorization may result in Avfuel's dishonor of the
invoice for that sale.
2 Subject to agreement between Customer and Avfuel, Products supplied
hereunder shall be supplied from either Avfuel inventory on site or f¡om
Customer inventory. If, as a convenience to Customer, Avfuel maintains
inventory at Customer's facilþ then Customer agrees to the following: (a) if
Avfuel's inventory is held separately in a segregated storage facility, Customer
will withdraw fuel from that facility only to supply authorized CFCs and (b) if
Avfuel's inventory is comingled with the inventory of the Customer (and, if
applicable, third pafies) in unsegregated facilities, Customer will not use or
permit others to use Avfuel's inventory to supply parties other than authorized
CFCs and to that end Customer shall not at any time make or permit
withdrawals from that facility that would reduce the fuel in such facilities
below the level of Avfuel's inventory (and, if applicable, the inventories of
third parties). Customer shall meæure Avfuel's inventory and reconcile that
inventory on an ongoing bæis. Reconciliation reports, in a form satisfactory to
Avfuel, shall be delivered to Avfuel no later than the 5ù day following the end
of each month. If Avfuel's inventory is commingled in an unsegregated storage
facility, gains and losses shall be allocated proportionally to the parties sharing
the storage facility based on receipts offuel during the month and losses shall
be limited to no more than'A% of total receipts for per annum. Book inventory
shall be adjusted to coincide witlr actual inventory each month. Unless the
Products are contaminated by an act or omission of Dealer, Avfi.¡el will be
liable if the Products do not conform to specifications. If the Products are
supplied from the Customer's inventory, the Customer will be liable if the
Products do not conform to specifications. Customer shall maintain Avfuel's
inventory level in accordance with Avfuel's guidelines and shall speci! when
ordering fuel whether that fuel is for Customer's or Avfuel's inventory (which
is subject to approval by Avfuel).
Page 7 of 10 Customer's Initials
Attachment number 1 \nPage 9 of 12
Item # 5
3. Under the CFD Program, all aviation fuel delivered by the Customer to a CFC
will be deemed sold by Avfuel and will be at the prices and terms independently
established between Avfuel and the CFC If Avfuel maintains an inventory of
aviation fuel at the Customer's facilities, then aviation fuel supplied by the
Customer to CFCs will be drawn fiom Avfuel's inventory. If Avfi.¡el does not
maintain an inventory of aviation fuel at the Customer's facilities, then aviation
fuel supplied to a CFC is drawn from the Customer's inventory and Avfuel will
account for that aviation fuel by issuing a credit to the Customer equal to the
Customer's cost for that aviation fuel, including applicable taxes, based upon
the Customer's cost for the last load of aviation fuel purchased from Avfuel
prior to the date ofsupply to the CFC.
4. The charges for all aviation fuel supplied to the CFC will be payable solely
to Avfuel. Avfuel will be responsible for collecting and remitting any taxes
imposed thereon by any local, state or federal taxing authority. Avfuel will
invoice and collect those charges and taxes from the CFC. Avfuel, as the
seller of all aviation fuel supplied to the CFC, will be the holder of and have
the sole right to exercise all lien rights under applicable law on the aircraft
into which that aviation fuel is supplied. In addition to any lien rights which
Avfuel might possess ¿rs a result of services provided to a CFC, upon
Customer's receipt ofthe credit from Avfuel for the vouchers generated from
the Customer's deliveries of fuel to that CFC, the Customer automatically and
inevocably transfers to Avfuel any lien rights that Customer has or may have
with respect to any equipment or other property owned by the CFC arising
from such deliveries offuel
5 In all sales of aviation fuel drawn from Avfuel's inventory, title to that
aviation fuel will be retained by Avfuel until the point in time that the aviation
fuel enters into the aircraft of the CFC, at which point in time title will pass to
the CFC. In all sales of aviation fuel drawn from Customer's inventory, title to
that aviation fuel will be retained by the Customer until the point in time that
the aviation fuel enters into the aircraft of the CFC, at which point in time title
will pass instantaneously first to Avfuel and then to the CFC. The risk of loss
or contamination of aviation fuel will be bome at each point in time by the
party who or which holds title to that aviation fuel at that point in time. If,
while Avfuel holds title, any aviation fuel is lost or contaminated as a result of
the acts or omissions of the Customer, then the Customer will be liable to
Avfuel for that loss or contamination.
6. The into-wing services provided by the Customer in delivering the aviation
fuel to the CFC and any other services or products other than aviation fuel to
the CFC for which a fee is charged will be deemed sold by the Customer to
the CFC. The Customer's fees for into-wing services will be at a charge equal
to the lowest charge imposed by the Customer to any other purchaser of
aviation fi.rel at the FBO, less the discount that would be applicable to that
charge under Avfuel's Credit and Charge Card Acceptance Program (in that
Avfuel will incur the discount in collecting that charge from the CFC). All
other services and products will be supplied at the Customer's normally
established rates. Such other products may include, \ilithout limitation,
Iubricants, spare parts, food and other amenities. Such other services may
include, without limitation, flowage fees, tie-down services, catering services
and simila¡ services that expedite deliveries and facilitate arrangements for the
CFC. No cash advances will be permitted as "other products or services". The
Customer will supply all such other products or services as an independent
contractor to the CFC and not as an agent or a subcontractor of Avfuel. The
Customer acknowledges that Avfuel has no responsibility or liability with
regard to other products a¡rd services supplied by the Customer to CFCs.
7.The charges for all other products and services supplied by the Customer to
the CFC will be payable solely to the Customer. The Customer will be
responsible for collecting and remitting any taxes imposed thereon by any
local, state or federal taxing authority. Customer may directly invoice and
collect such charges from the CFC Altematively, at the Customer's option,
Customer may assign to Avfuel for collection the account receivable from the
CFC for other products and services supplied by the Customer (a "CFC
Receivable"). If the Customer assigns a CFC Receivable to Avfuel, then
Avfuel will issue a credit to the Customer's account for the amount of that
CFC Receivable and Avfuel will thereafter invoice, collect and retain those
charges from the CFC.
8. Any fees for any services supplied by the Customer in the delivery of
aviation fuel to a CFC, including, without limitation any flowage fees or
into-wing fees, will be eamed by the Customer only after it has completed
delivery of the entire load of aviation fuel into the aircraft of the CFC and
title to tbat aviation fuel has passed to the CFC. Initial into-wing fees are
FBO Aviation Fuel Supply Agreement
Rev l0/15/13
established in the Special Terms and Conditions and, subject to the "most
favored customer" provision in Paragraph 6, Customer may change those
fees upon seven (7) days written Notice to Avfuel.
9. Customer will generate a written record (a "Ticket") of all aviation fuel
supplied to a CFC at the Customer's facility. Each Ticket will include the
following information: the CFC's name; the authorization number; pilot's
name; aircraft registration number; flight or ID number provided by the CFCif applicable, transaction date(s); and type and quantity of fuel products
provided, as measured in U.S. gallons. In addition, if the Customer assigns to
Avfuel the CFC Receivable for other products and services supplied by the
Customer to the CFC, the Customer will include in the Ticket the type and
quantity of such other products or services and the charges payable by the
CFC for such other products or services. Any charges for such other products
or services must be separately stated and clearly identified as fees charged by
the Customer that are separate from and independent ofthe amounts charged
by Avfuel for aviation fuel The pilot or other responsible representative of
the CFC shall sign and be given a copy ofthe completed Ticket.
10. The Ticket (or all information required to be shown on the Ticket) for
each sale to a CFC shall be delivered to Avfuel by POS Transmission or
facsimile within twenty-four (24) hours following the completion of that sale.
The original Tickets shall be kept on file by Customer for a period offive (5)
years from the invoice date and will be sent to Avfuel upon request. Avfuel
will from time to time provide Customer with instructions for processing
these transactions ard may provide the forms for doing so Avfuel reserves
the right to cha¡ìge these procedures upon thirty (30) days written Notice to
Customer
I 1. The total amount due with respect to each Ticket shall be paid or cred ited
to Customer's by Avfuel within ten (10) days following Avfuel's receipt of the
Ticket.
12. Except as provided herein, all Tickets will be accepted by Avfuel without
recourse. The exceptions are: a) Customer \ùarrants the validity ofall charges,
and any charge that is disputed by the CFC, conectly or incorrectly, on
grounds that the charge is invalid or inaccurate or that the aviation fuel,
products or sewices supplied were unsatisfactory may be charged back to
Customer at Avfuel's option; b) charges not previously authorized by Avfuel
may be charged back to Customer at Avfuel's option; and c) any Ticket that is
incomplete, illegible, or is otherwise not prepared in accordance with Avfuel's
processing instructions may be charged back to Customer at Avfuel's option.
13. Avfuel has invited the Customer to participate as a CFD in the CFD
Program on the expectation and condition that (a) the Customer's deliveries of
aviation fuel at the Delivery Addresses will be limited to deliveries to end users
of that fuel pursuant to direct sales by the Customer to those end users and
deliveries to purchasers listed as CFCs to facilitate direct sales by Avfuel to
those CFCs pursuant to the CFD Program, @) the Customer will make
deliveries of aviation fuel at the Delivery Addresses to purchasers listed as
CFCs only pursuant to the CFD Program and will not make direct sales to
those CFCs and (c) except for sales pursuant to the CFD Program to purchasers
listed as CFCs for brokered resale by those CFCs to end users, the Customer
will not make any deliveries of aviation fuel at the Delivery Addresses pursuant
to brokered sales (i.e. sales to end users ¡n which a third party receives a
brokerage margin or commission or other fee from the Customer or the end
user or sales to third pafies who resell the fuel to end users). The Customer
acknowledges that these conditions are necessary to preserve Avfuel's
continuing investment in developing and maintaining the network of
participating fixed base operators and participating end users for the CFD
Program and that Customer's failure to comply witlr these conditions will result
in Avfuel's exercise of the right pursuant to Section 15 to discontinue the
Customer's participation in the CFD Program.
14. Avfuel reserves the unilateral right to amend, suspend, or terminate the CFD
Program at any time effective upon written notico to the Customer. Customer
may withdraw from the CFD Program at any time upon ó0 days Notice.to
Avfuel. See Section 14 of the General Terms and Conditions regarding Notices.
Termination of Customer's participation in this Program shall not be construed
as terminating the Agreement or Customer's participation in any other Program.
AVSURANCE PRIMARY COMMERCIAL INSURANCE PROGRAM:
IF CUSTOMER HAS ELECTED TO PARTICIPATE IN THE
AVSURANCE PRIMARY COMMERCIAL INSURANCE PROGRAM.
THE FOLLO1VING }VILL APPLY.
l. Customer has been invited to, and has elected to, paficipate in the
Avsurance Primary Commercial Insurance Program.
Customer's InitialsPage 8 of l0
Attachment number 1 \nPage 10 of 12
Item # 5
2. Customer agrees to file an application and request for a quote for all
insurance policies related to its aviation business. All price quotes from
Avsurance contain Avsurance proprietary information, are confidential, and may
not be disclosed to any penon other than employees and agents of Customer with
a bona fide need to have such information and that have signed a non-disclosure
agreement that is satisfactory to Avsurance.
3. Customer may accept or reject any quote for an individual policy, and the
acceptance ofany specific quote shall not be conditioned on the acceptance of
any other quote
4. Upon Customer's acceptarice, Avsurance will bind the coverage and have
the policy issued in due course.
5. Avfi¡el reserves the unilateral right to amend, suspend, or terminate the
Program at any time effective upon written notice to the Customer.
Termination of this Program shall not be construed as terminating the
Agreement or Customer's participation in any other Program
EOUIPMENT LEASE PROGRAM:
IF CUSTOMER HAS ELECTED TO PARTICIPATE IN AVFUf,L'S
EOUIPMENT LEASING PROGRAM. THE FOLLO\ryING }VILL
APPLY.
l. Customer has elected to participate in Avfuel's Equipment Lease
Program. Accordingly, Avfuel, either for its own account or through one of
its subsidia¡ies, agrees to deliver and lease the equipment identified in the
Special Terms and Conditions (the "Equipment") at the lease rates shown in
the Special Terms and Conditions to Customer for its sole use. All additional
equipment or replacement equipment delivered to Customer but not listed in
the Special Terms and Conditions shall also constitute Equipment subject to
the provisions of this section. For example, Customer may lease POS
equipment from Avfuel at the then cunent lease price. Customer hereby
agrees to pay Avfuel in advance the monthly lease payments prorated for any
partial month. Avfuel may increase the rent during the term of the Lease
upon 30 days written Notice. Customer shall be permitted to notifl Avfuel
within the first l5 days of that Notice period of its intention to terminate the
lease effective on the date that the increase goes into effect. If Avfuel
rescinds the rate increase, the lease shall continue in effect at the then current
rates. Ifit does not rescind the increase, the lease shall expire on the date the
increase goes into effect. Unless otherwise agreed, the term of the lease of
each item of Equipment (a "Lease") shall correspond to the term of this
Agreement.
2 Avfuel will advance the costs for the transport of the Equipment from the
Avfuel facility to the Customer's facility
3. Customer shall inspect the Equipment and shall make written notes as to
any defects that are observed. A copy of all such notes shall be faxed or
emailed to Avfuel within seventy-fwo (72) hours after the Equipment is
delivered to the Customer The failure to make and deliver those notes within
that period will constifute the Customer's acknowledgement that there were no
defects in the Equipment at the time delivered to the Customer.
4. Avfuel wanants that it has all necessary rights to lease said Equipment to
Customer. Further, the parties agree that as between themselves, Avfuel has
title to the Equipment and Customer shall keep the Equipment free of liens
and shall not do or permit anything to be done that witl prejudice the title of
Avfuel, or it's rights in the Equipment. Each item of Equipment shall bea¡ a
legend denoting it as the property of Avfuel and Customer shall not remove or
deface that legend under any circumstances. Customer also agrees and
understands that Avfuel may file such evidence of its ownership of the
equipment as may be necessary ¡n the state where the equipment is located.
5. AVF'UEL WARRANTS THAT THE EQUIPMENT THAT
APPEARS IN THE SPECIAL TERMS AND CONDITIONS SHALL ON
THE DATE OF DELIVERY TO THE CUSTOMER BE IN GOOD
OPERATING CONDITION AND BE FIT FOR THE PURPOSf,
PROVIDED. FAILURE OF CUSTOMER TO IDENTIFY DEFECTS IN
THE EQUIPMENT IN THE TIME AND MANNER PROVIDED INSECTION 3 }VILL CONSTITUTf, CUSTOMER'S
ACKNOWLEDGEMf,NT THAT THIS \ryARRANTY HAS Bf,EN MET.
IF THE CUSTOMER IN THAT NOTICE IDENTIFIES DEFECTS TO
TEH EQUIPMENT THAT CONSTITUTE A BREACH OF THIS
\ryARRANTY, AVFUELSHALL PROMPTLY REPAIR OR REPLA.CE
FBO Aviation Fuel Supply Agreement
Rev l0/15/13
COMPONENTS OF THE DELVERED EQUIPMETN IN ORDER TO
ELIMINATE THOSE DEFECTS OR SHALL DELIVER SUBSTITUTE
EQUIPMENT TO THE CUSTOMER THAT CONFORMS TO THIS
}VRAARNTY. THIS COMMITMENT TO REPAIR, REPLACE OR
SUBSTITUTE SHALL BE AVFUEL'S SOLE OBLIGATION IN THE
EVENT THAT EQUIPMENT DELIVERED TO THE CUSTOMER
DOES NOT CONFORM TO THIS IryARRANTY,
6. Any ofthe Equipment that is used to store or transport Products shall be
used solely for storing or transporting Products supplied to Customer under
this Agreement
7. The Equipment shall not be moved f¡om the facility to which it was
delivered nor operated on any public road without the prior written consent of
Avfuel.
8. Customer will comply with all laws, ordinances and regulations applicable
to the possession, operation or use of the Equipment and will demonstrate
compliance upon request.
9, The maintenance obligations with regard to the Equipment are as follows.
9.1. Except as set forth in Section 9.2 below, Customer will maintain the
Equipment in æ good a condition as it was on the day of delivery, normal
wear and tear excepted. Customer shall, at its sole expense, provide all
preventative maintenance (including but not limited to lubrication, oil and
filter changes, etc.), repairs, and replacement parts as are necessary to
preserve the Equipment in good operating condition and in compliance and in
conformity with all laws, rules, regulation, and industry standards which are
applicable to the operation of the Equipment. Customer shall also be
responsible for all meter calibration and certification (meters are not
calibrated or certified when delivered) and all tire maintenance, repair, and
replacement. CHANGING A TIRf, ON A REFUELER TRUCK IS VERY
DANGEROUS AND MUST NOT BE ATTEMPTED BY TJNTRAINEI)
PERSONNEL. CUSTOMER AGREES THAT IT WILL PERMIT
TIRf,S TO BE CHANGED ONLY BY AN OUTSIDE CONTRACTOR
\ryHO IS PROFESSIONALLY TRAINED TO DO SUCH \ryORK
Customer shall keep complete and accurate maintenance records and Avfuel
is entitled to inspect the Equipment and the maintenance records at ¿Jry time
during regular business hours. At Avfuel's option, any item of repair or
maintenance that would be the responsibility of Customer may be performed
by Avfuel and billed back to Customer as additional rent. Customer shall not
make any alterations or modifications to the Equipment of any kind including
but not limited to painting, mounting ofradios or antennas, applying decals or
lettering without the prior express written consent of Avfuel.
9.2 Avfuel shall be responsible for the following refueler truck repairs when,
in its opinion, repair is necessary: overhauls or replacement of the engine,
transmission, differential, or belly valve. Avfuel shall be permitted access to
the Equipment at any reasonable time in order to perform the repairs and
modifications, which a¡e its obligation hereunder. Repairs and maintenance to
be performed by Avfuel shall be completed within a reasonable time after ¡t
leams of the need for such repairs. Avfuel assumes no responsibility for loss
of use or any other items of ancillary damage, which may be caused by, or
result to Customer by reason of the fact that the Equipment becomes
inoperable. If any such repair or maintenance is required as the result of
intentional conduct, negligence, or failure to perform repair or maintenance on
the part of Customer or any of Customer's agents or employees, Customer
shall be liable for all costs associated with performing such repairs and/or
maintenance.
10. Customer shall be responsible for all Federal, State, and local taxes,
fees, etc. that are assessed on the use or value of the Leased Equipment,
including but not limited to, personal property, sales, and use taxes.
ll. Customer shall secure insurance against any damage to or loss ofthe
Equipment with coverage equal to the actual cash value ofthe Equipment and
with the limitation ofthat coverage not less than the amount specified for that
Equipment in the Special Terms and Conditions, Insurance policies shall be
issued by insurance companies acceptable to Avfuel (which acceptance may
not be unreasonably withheld), shall name Avfuel, or its subsidiary as loss
payee, and shall provide for at least thirty (30) days'written Notice to Avfuel
prior to cancellation or modification. Customer shall maintain such policies in
full force and eflect for the equipment for so long as Customer continues to
lease that Equipment
Page 9 of l0 Customer's Initials
Attachment number 1 \nPage 11 of 12
Item # 5
t2. Intentionallydeleted.
13. Upon termination of any Lease, at any time and for any reason,
Customer shall (a) retum the Equipment to Avfuel in æ good condition as
when Customer received it, normd wea¡ and tear excepted, (a) pay for any
necessary repair and replacement ofany damages or missing Equipment and
(c) pay all costs for the transport of the Equipment from the Customer's
facility to Avfuel's facility. If Customer breaches any of these commitments,
Avfuel may advance those costs and invoice the Customer for those costs and
the Custome¡ will pay that invoice within thirty (30) days.
14. Avfuel reserves the unilateral right to amend, suspend, or terminate the
Equipment Lease Program at any time effective upon witten notice to the
Customer. Termination of this Program shall not be construed as terminating
the Agreement or Customer's participation in any other Program.
FBO Aviation Fuel Supply Agreement
Rev 10/15/13
Page l0 of l0
Customer's Initiclc
Attachment number 1 \nPage 12 of 12
Item # 5
Request for Proposal
Request for Proposals will be received at this office until Wednesday, September 25, 2013 @ 3:00 p.m. for
furnishing:
RFP Item #13-192 Aviation Fuel Supplier for Augusta Regional Airport
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.
A Pre Proposal Telephone Conference will be held on Friday, September 6, 2013 @ 10:00 a.m. in the
Procurement Department, 530 Greene Street, Room 605. 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 Tuesday, September 10, 2013 @ 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.
Request for proposals (RFP) and specifications. An RFP 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.
Proponents 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 proponent at the risk of receiving incomplete or inaccurate information upon which to base his
qualifications.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle August 15, 22, 29, September 5, 2013
Metro Courier August 21, 2013
Revised: 3/5/2013
Attachment number 2 \nPage 1 of 1
Item # 5
VENDORS Attachment B E-Verify # SAVE Form Addendums 1-2 Original 7 Copies
World Fuel Services
1 Mill Street
Parish, NY 13131
Yes 712856 Yes Yes Yes Yes
AvFuel Corp
47 West Ellsworth Rd.
Ann Arbor, MI 48108
Yes 417532 Yes Yes Yes Yes
Epic Aviation
3841 Fairview Industrial
Drive, SE
Salem, OR 97302
Yes 182539 Yes Yes Yes Yes
Perry Brothers Aviation
Fuels, LLC
125 US Hwy 280 West
Americus, GA 31719
Yes KLAN5350/
667699 Yes Yes Yes Yes
Eastern Aviation Fuels, Inc.
601 McCarthy Blvd
New Bern, NC 28562
Missing Pgs 1 &
2 Non-Compliant 564596 Yes No Yes Yes
RFP Opening
RFP Item #13-192
Aviation Fuel Supplier
for Augusta, Georgia - Augusta Regional Airport
RFP Due: Wednesday, September 25, 2013 @ 3:00 p.m.
Page 1 of 1
Attachment number 3 \nPage 1 of 1
Item # 5
EVALUATION CRITERIA:
Pts.
World Fuel Services
1 Mill Street
Parish, NY 13131
AvFuel Corp
47 West Ellsworth Rd.
Ann Arbor, MI 48108
Epic Aviation
3841 Fairview Industrial Drive,
SE
Salem, OR 97302
Perry Brothers Aviation
Fuels, LLC
125 US Hwy 280 West
Americus, GA 31719
1) Completeness of the Proposal as requested of the Proponents in
the RFP 15 14.7 13.3 13.0 13.3
2) Proponent’s qualification and experience 15 15.0 15.0 15.0 15.0
3) Financial statements submitted by the Proponent 15 13.3 11.7 11.7 13.3
4) Proponent's reputation, character and references 15 11.7 15.0 13.3 12.3
5) Proponent's Operational Concept 30 21.7 23.3 21.7 21.0
6) Any other factors the Evaluation Committee deems relevant,
including, but not limited to:
a) The ability, capacity, and skill of the proponent to perform the
contract or provide the services required;
b) The capability of the proponent to perform the contract or
provide the service promptly or within the time specified, without
delay or interference;
c) The character, integrity, reputation, judgment, experience,
and efficiency of the proponent;
d) The quality of performance on previous contracts;
e) The previous and existing compliance by the proponent with
laws and ordinances relating to the contract or services;
f) The sufficiency of the financial resources of the proponent
relating to his ability to perform the contract; and
g) The quality, availability, and adaptability of the supplies or
services to the particular use required.
10 9.3 11.0 7.7 7.0
TOTAL 100 85.7 89.3 82.3 82.0
Cumulative Evaluaiton Sheet
RFP Item #13-192
Aviation Fuel Supplier
for Augusta, Georgia - Augusta Regional Airport
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Commission Meeting Agenda
3/4/2014 2:00 PM
CUSTOMER FACILITY CHARGE (CFC) AUGUSTA REGIONAL AIRPORT
Department:Augusta Regional Airport
Caption:Motion to approve the Customer Facility Charge (CFC)
Ordinance as approved by the Augusta Aviation Commission at
their December 19, 2013 meeting. (Approved by
the Commission February 18, 2014-second reading)
Background:In January 2007, the Aviation Commission voted to increase the
Rental Car CFCs from one dollar ($1.00) to three dollars and fifty
cents ($3.50) for all on-Airport rental car transactions. This
increased charge took effect on April 1, 2007. In February 2007,
the Executive Director sent correspondence regarding the increase
in cost to all on-site rental car companies. This correspondence
notified all of the rental car companies that this increase was an
amendment to their existing 2006 interim On-Site Rental Car
Concession agreements. The companies were asked to execute and
return the letter acknowledging the increase and the proposed use
of funds by the Airport. This amendment stated that the CFCs
would be used by the Airport as follows: 1. To pay
financial and physical planning and architecture and engineering
design costs associated with the new rental car facilities, as
determined by the Commission. 2. To pay project
management and construction costs associated with the new rental
car facilities, as determined by the Commission. 3. To pay
the operating and maintenance expenses of the Commission that
were allocable to the rental car operating areas. Additionally, in
March 2008, the Aviation Commission adopted an ordinance for
the regulation of off-Airport Rental Car companies. This
ordinance established the requirement of a permit to provide
service to customers at the Airport and the collection of CFCs.
The Commission’s stated purpose for the collection of CFCs was
to cover the capital, financing, maintenance and operations
allocable to the cost of providing infrastructure and facilities to the
rental car industry. In 2012, the Commission entered into new
concession agreements with the on-Airport Rental Car companies.
However, the new concession agreements do not address the
collection of CFCs and the parties agreed to continue the
collection of the CFCs under the same terms and conditions set
forth in the 2006 interim agreements until such time as a new
Cover Memo
Item # 6
agreement was reached. The rental car companies have continued
to adhere to the previous agreement regarding the collection and
remittance of the CFCs. As you may be aware, O.C.G.A. § 36-10-
1 requires that contracts with counties be in writing to be
enforceable. Under Georgia law any contract entered into with
other persons or companies on behalf of a county must be in
writing and spread on the official minutes of the Commission. In
this instance, while the parties entered into valid contracts for the
rental car concessions, the concession agreements do not
specifically address the collection and expenditure of the CFCs.
Additionally, there is no ordinance governing the collection or
expenditure of CFCs for on-Airport Rental Car companies.
Therefore, no enforceable agreement exists between the rental car
companies and the Airport regarding the collection or expenditure
of the CFCs.
Analysis:AGS has been collecting CFC’s through concession agreements
with on-airport rental car agencies and through a local ordinance
for off airport car rental agencies. Airport legal counsel has
advised that the preferred method for establishing a CFC including
fees and charges, as well as, the disposition and accounting of
funds received from the CFC is through a local ordinance as
opposed to being identified within individual concession
agreements or contracts. Staff is recommending that the Augusta
Aviation Commission no longer include CFC language in
concession agreements but instead amend the current off-Airport
Rental Car ordinance to include all airport car rental companies.
The basic language and intent of the expired agreements and the
existing off-Airport Rental Car ordinance will remain the same.
There are some minor changes in the use of funds language to
include marketing and common use transportation equipment and
facilities. Marketing purposes will include items such as signage,
landscaping and promotion of the current airport facility and the
future consolidated rental car facility.
Financial Impact:Three dollars and fifty cents ($3.50) for all on-Airport rental car
transactions
Alternatives:Deny request.
Recommendation:Approve the new Customer Facility Charge (CFC) Ordinance.
Funds are Available
in the Following
Accounts:
Cover Memo
Item # 6
REVIEWED AND APPROVED BY:
Cover Memo
Item # 6
AN ORDINANCE TO AMEND THE AUGUSTA-RICHMOND COUNTY CODE
SECTION § 1-3-8.15-1.3.28 SO AS TO AMEND THE CODE TO PROVIDE FOR A
RENTAL CAR CUSTOMER FACILITY CHARGE FOR ON PREMISES RENTAL CAR
CONCESSIONS AT THE AUGUSTA REGIONAL AIRPORT AT BUSH FIELD; TO
PROVIDE FOR LEVY AND COLLECTION OF SAID FEES; TO PROVIDE PENALTIES
FOR UNTIMELY PAYMENT OF SAID FEES AND OTHER CHARGES; TO PROVIDE
FOR SEVERABILITY; TO REPEAL ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE
AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY COMMISSION AND IT
IS HEREBY ORDAINED BY THE AUTHORITY OF SAME, THAT THE AUGUSTA-
RICHMOND COUNTY CODE BE AMENDED AS FOLLOWS:
SECTION 1. Augusta Richmond County Code Section § 1-3-8.15-1-3-8.28, as set
forth in "Exhibit A" hereto is to be adopted as provided herein.
SECTION 2. The revisions to this Ordinance shall become effective upon its
adoption in accordance with applicable laws.
SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 4. SAVINGS CLAUSE
In the event any phrase, clause, sentence, paragraph, or paragraphs of this
Ordinance is or are declared invalid for any reason, the remainder of this
Ordinance shall not be invalidated, but shall remain in full force and effect, all
parts of this Ordinance being declared separable and independent of all others. In
the event that a judgment is entered, and all appeals exhausted, which judgment
finds, concludes or declares this Ordinance is unconstitutional or is otherwise
invalid, the Customer Facility Charge authorized by this Ordinance shall be
suspended and terminated as of the date such declaration.
Attachment number 1 \nPage 1 of 12
Item # 6
Page 2 of 12
EXHIBIT A
RENTAL CAR BUSINESS ORDINANCE
Table of Contents RENTAL CAR BUSINESS ORDINANCE 3
Section 1-3-8.15 —Policy 3
Section 1-3-8.16 —Definitions 3
Section 1-3-8.17 —Non-Concessionaire Rental Car Business Permit 7
Section 1-3-8.18 —Operational Procedures 7
Section 1-3-8.19 —Percentage Fee 7
Section 1-3-8.20 — Customer Facility Charge 8
Section 1-3-8.21 —Conditions of Permit 10
Section 1-3-8.22 —Suspension of Permit 10
Section 1-3-8.23 —Revocation of Permit 11
Section 1-3-8.24 —Failure to Pay Percentage Fees 11
Section 1-3-8.25 —Records to Be Maintained by Permittee 11
Section 1-3-8.26 —Failure to Submit Statement of Gross Revenue 12
Section 1-3-8.27 —Term of Permit 12
Section 1-3-8.28 —Permit Non-Transferable 12
Attachment number 1 \nPage 2 of 12
Item # 6
Page 3 of 12
RENTAL CAR BUSINESS ORDINANCE
Section 1-3-8.15
(a) The County hereby adopts the following fiscal policy for the establishment of percentage fees
to be paid by all concessionaire and non-concessionaire rental car businesses operating at the
Airport.
(b) The cost of operating, maintaining, and developing the Airport is paid solely through Airport
revenues and such government grants as may be received by the Aviation Commission and
lawfully used for Airport purposes, without the use of ad valorem taxes or other County
revenue or pledges, so as not to place any burden on taxpayers or residents of the County.
(c) The Aviation Commission shall fix, establish, maintain, and collect such rates, fees, rentals,
and other charges for the use of the Airport and its services and shall revise the same from
time to time whenever necessary, so as to always provide net revenues sufficient to pay for
operating, maintaining and developing the Airport.
(d) In furtherance of this policy and in accordance with the authority conferred upon the County by
the laws of the State of Georgia, the County, acting though the Aviation Commission, shall
assess, and periodically adjust as required, a Customer Facility Charge (as hereinafter defined
and a percentage fees on the Gross Revenue for all Rental Car Providers operating at the
Airport.
Section 1-3-8.16—Definitions
The following terms in this section shall have the following meanings in this Ordinance unless
expressly stated otherwise.
(a) "Airport Customer" shall mean anyone who is provided transportation to or from the Airport as part of a
rental car transaction in a rental car courtesy vehicle of a Concessionaire Rental Car Provider and
who either (1) executes an agreement to rent a motor vehicle from a Concessionaire or Non-
Concessionaire Rental Car Provider or had executed an agreement to rent a motor vehicle
and completed the rental transaction with a Non-Concessionaire Rental Car Provider, or (2)
takes delivery of a motor vehicle rented from a Concessionaire or Non-Concessionaire
Rental Car Provider or returned a motor vehicle rented from a Concessionaire or Non-
Concessionaire Rental Car Provider.
(b) "Contract Day" shall mean each twenty-four-hour period, and each fraction thereof, during
which a motor vehicle having been delivered by a Concessionaire or Non-Concessionaire
Rental Car Provider to each customer picked up at the Airport which is rented by such.
Airport customer from a Concessionaire or Non-Concessionaire Rental Car Provider. Each
fractional period less than a twenty-four-hour period shall be deemed a contract day.
Attachment number 1 \nPage 3 of 12
Item # 6
Page 4 of 12
(c) “Concessionaire Rental Car Provider” shall mean all persons, firms, agencies, or companies
providing rental car services from locations based at the Airport that are signatory to a
concession lease with the Aviation Commission providing terminal building counter
locations and rental car ready lot vehicular parking.
(d) "Gross Revenue" of a Concessionaire or Non-Concessionaire Rental Car Provider shall mean:
1. All amounts received by the Concessionaire or Non-Concessionaire Rental Car
Provider, or which the a Concessionaire or Non-Concessionaire Rental Car Provider is
entitled to receive, from (a) any rental of a motor vehicle to any person picked up by the
Concessionaire or Non-Concessionaire Rental Car Provider, or its agent, from any
point on the Airport, including but not limited to (i) the Airport terminal building, (ii)
any premises leased by the Aviation Commission to Concessionaire or a third party
doing business on the Airport, or (iii) any other location within the Airport, or from (b)
any rental of a motor vehicle to any person returned by the Concessionaire or Non-
Concessionaire Rental Car Provider, or its agent, to any point on the Airport, including
but not limited to (i) the Airport terminal building, (ii) any premises leased by the
Aviation Commission to a third party doing business on the Airport, or (iii) any other
location on the Airport or within one (1.0) mile of the Airport.
2. All revenue received by the Concessionaire or Non-Concessionaire Rental Car Provider
from every Airport Customer who, at the business location of the Rental Car Provider,
either (a) executes an agreement for the rental of a motor vehicle from the Rental Car
Provider, or (b) takes delivery of a motor vehicle rented from the Rental Car Provider.
Gross Revenue shall be deemed received at the time that the sales, lease, or service
transaction occurs, giving rise to the Rental Car Provider's right to collect said monies,
regardless of whether the transaction was conducted in person, by telephone, or by mail;
whether the transaction was for cash or credit; and, if for credit, regardless of whether
the Rental Car Provider ultimately collects the monies owed for said transaction from
the Airport Customer.
3. Any Gross Revenue owed the Aviation Commission and determined by the Rental Car
Provider at a later date to be uncollectible shall not offset future percentage fees owed
the Aviation Commission. If the initial rental car agreement entered into between the
Rental Car Provider and the Airport Customer is subsequently amended because the
Airport Customer's actual usage of the rental car vehicle differs from the usage
contemplated in the original agreement, and the charges to be paid by the Airport
Customer to the Rental Car Provider are therefore different from the charges
contemplated in the original agreement, the percentage of Gross Revenue to which the
Aviation Commission is entitled hereunder shall be based upon the Gross Revenue that
the Rental Car Provider is entitled to receive under the rental car agreement with its
Airport Customer, as amended.
4. Gross Revenue shall not include:
a. Federal, State, or municipal sales taxes separately stated and collected from
the Airport Customer.
Attachment number 1 \nPage 4 of 12
Item # 6
Page 5 of 12
b. Amounts that the Rental Car Provider receives, or is entitled to receive, for
the sale, disposition, loss, conversion, or abandonment of Rental Car
Provider's used motor vehicles and other equipment, personal property, and
trade fixtures.
c. Amounts that the Rental Car Provider receives, or is entitled to receive, for
the repair of damages to its motor vehicles.
(e) Gross Revenue shall not be reduced by reason of any commission or similar amount paid by the
Rental Car Provider to travel agents or others.
(f) "Non-Concessionaire Rental Car Provider" or "Operator" or "Permittee" shall mean all
persons, firms, agencies, or companies providing rental car services from locations based
outside of the Airport that are not signatory to a concession lease with the Aviation
Commission providing terminal building counter locations and rental car ready lot vehicular
parking.
(g) "Rental Car Courtesy Vehicle" shall mean a courtesy vehicle of the Non-Concessionaire Rental
Car Provider if it is operated by, or under agreement with, the Non-Concessionaire Rental Car
Provider. A courtesy vehicle shall be deemed operated under agreement with the Non-
Concessionaire Rental Car Provider if the Airport Director finds that such courtesy vehicle is
operated pursuant to any agreement or arrangement between the Operator of such courtesy
vehicle and the Non-Concessionaire Rental Car Provider.
(h) "Rental Car Customer Facility Charge" shall mean a charge imposed on a transactional
basis and shall be a fixed uniform amount applied each day, or fraction thereof, by a Rental Car Provider
from the renter of the vehicle.
Section 1-3-8.17--Non-Concessionaire Rental Car Business Permit
(a) Each Non-Concessionaire Rental Car Provider seeking to operate at the Airport shall execute a
written agreement with the Commission in the form of a Non-Concessionaire Rental Car
Business Permit (Permit) before engaging in any business activities on the Airport. The Permit
must be renewed annually, as described below. Application for such Permit shall be made to the
office of the Airport Director.
(b) The Permit shall be substantially in the form appended to this ordinance adopting this
Ordinance, the terms of which are incorporated in and made a part of this Ordinance by
reference. The Airport Director may modify the form of the Permit in any manner not
inconsistent with the provisions of this section. In the event of conflict between any
provisions of this section and any provision of the Permit, this section shall be controlling.
(c) Operation of any Rental Car Courtesy Vehicle on the Airport shall be allowed only with a color-
coded decal as required by this County Ordinance. Providers of Rental Car Courtesy Vehicles
shall observe all rules and Ordinances of this section in addition to those established by other
provisions of the Administrative Code of the County.
(d) Non-concessionaire Rental Car Courtesy Vehicle decals shall be provided by the Airport Director
initially to the Non-Concessionaire Rental Car Provider upon execution of the Permit and
successful completion of a vehicle safety inspection. Decals shall be issued for each Rental Car
Attachment number 1 \nPage 5 of 12
Item # 6
Page 6 of 12
Courtesy Vehicle operated by the Non-Concessionaire Rental Car Provider. No decals shall be
issued without the Operator having valid courtesy vehicle licenses as may be required by the
Aviation Commission.
(e) Decals shall be permanently affixed to the lower right hand corner of the front windshield of
the Rental Car Courtesy Vehicle and shall be clearly visible at all times. Decals shall expire at
the time of expiration of the Permit. Only those vehicles displaying valid decals will be
authorized to pick up passengers at the Airport.
(f) In the case of loss of a decal or damage beyond recognition, a duplicate decal may be
obtained after payment by the Operator of Twenty Five Dollars ($25.00) and after
submission of a statement setting forth the circumstances of the loss or damage of the decal.
(g) Application forms for annual renewal of Rental Car Courtesy Vehicle Airport Permit decals
must be submitted to the Airport Director at least ten (10) working days prior to the expiration
of the current decal. Renewal applications shall be reviewed and renewal of the decal shall be
contingent upon satisfactory payment of the percentage fees and completion of the annual
Rental Car Courtesy Vehicle inspection.
(h) All Rental Car Courtesy Vehicles are subject to inspection by a representative of the Airport
Director to determine if they are in an adequate state of repair.
(i) The Airport Director or his representative, a police officer, or an Airport safety officer may
inspect a Rental Car Courtesy Vehicle at any time while it is on the Airport. A vehicle found
to be in an inadequate state of repair will be required to immediately leave the Airport and
will not be permitted further access to the Airport until the noted deficiencies are corrected.
(j) The Aviation Commission may suspend and/or revoke any Non-Concessionaire Rental Car
Business Permit, including the non-concessionaire Rental Car Courtesy Vehicle decal. Such
power of suspension and/or revocation may be exercised only upon the failure of the Non-
Concessionaire Rental Car Provider to satisfy the conditions of this section or the Permit or for
noncompliance with the Aviation Commission code regarding the operation of Rental Car
Courtesy Vehicles.
Section 1-3-8.18 - Operational Procedures
All Rental Car Courtesy Vehicles shall operate on the Airport in compliance with the Airport's
operational procedures and all applicable federal, State and local laws.
Section 1-3-8.19 - Percentage Fee
(a) Each Non-Concessionaire Rental Car Provider offering rental car services from locations based
outside the Airport shall pay to the Aviation Commission ten percent (10%) of all Gross Revenue
derived by said Non-Concessionaire Rental Car Provider from the rental of motor vehicles to
Airport Customers picked up by said Non-Concessionaire Rental Car Provider from any point
within the Airport or returned by said Non-Concessionaire Rental Car Provider to any point
within the Airport.
(b) Each Non-Concessionaire Rental Car Provider shall submit to the office of the Airport
Director, on or before the twentieth (20th) day of each month, a statement that sets forth:
Attachment number 1 \nPage 6 of 12
Item # 6
Page 7 of 12
1. The total gross revenue earned during the prior month; and
2. Information demonstrating to the satisfaction of the Airport Director which of the
Non-Concessionaire Rental Car Provider's gross revenue during the prior month
originated from Airport Customers and which gross revenue originated from non-
Airport Customers.
(c) It shall be presumed that ninety-five percent (95%) of all gross revenue earned by the Non-
Concessionaire Rental Car Provider during the month for which the statement is submitted
constituted Airport Customer-generated Gross Revenue, unless, and to the extent that, the Non-
Concessionaire Rental Car Provider is able to demonstrate otherwise in its statement to the
satisfaction of the Airport Director.
(d) The statement of gross revenue shall be submitted together with the Non-Concessionaire
Rental Car Provider's remittance in payment of the non-concessionaire rental car percentage fee
incurred during the prior month. Each Non-Concessionaire Rental Car Provider shall submit a
timely statement of gross revenue each month even if such Non-Concessionaire Rental Car
Provider earned no Airport-generated Gross Revenue during the prior month (and therefore
incurred no non-concessionaire rental car percentage fee during such prior month). In such case,
the statement of gross revenue shall state the Non-Concessionaire Rental Car Provider's total
gross revenue during the prior month and shall demonstrate to the satisfaction of the Airport
Director that none of such revenue constituted Airport generated Gross Revenue.
Section 1-3-8.20 - Customer Facility Charge
(a) The Aviation Commission will determine the amount adequate to cover the capital, financing,
maintenance, marketing and operations allocable to the cost of providing infrastructure and
facilities to the rental car industry and common use transportation equipment and facilities. In
addition, the cost of collection, processing, enforcement of payment of the Customer Facility
Charge, administration of the Customer Facility Charge and audits of all Concessionaire Rental
Car Providers and Non-Concessionaire Rental Car Providers compliance with this Ordinance
will be included in Customer Facility Charge. These amount shall be the basis for calculating
the Rental Car Customer Facility Charge.
(b) The Customer Facility Charge shall be collected by Concessionaire Rental Car Provider and
Non-Concessionaire Rental Car Provider, as agent for the Aviation Commission, from
customers and remitted to the Aviation Commission, as provided for below.
(c) The Rental Car Customer Facility Charge shall be imposed on a transactional basis and shall
be a fixed uniform amount applied each day, or fraction thereof, to each subject contract and
shall be added to the amounts collected by Concessionaire Rental Car Providers and Non-
Concessionaire Rental Car Provider from the renter of the vehicle. The Rental Car Customer
Facility Charge collected by Concessionaire Rental Car Providers and Non-Concessionaire
Rental Car Provider shall be the amount established by the Aviation Commission for all on-
airport rental car operators at the Airport. It shall be collected from all customers of
Concessionaire Rental Car Provider and Non-Concessionaire Rental Car Provider, including
customers receiving complimentary or discounted car rental under Concessionaire Rental Car
Provider and Non-Concessionaire Rental Car Provider's bona fide marketing plans.
Attachment number 1 \nPage 7 of 12
Item # 6
Page 8 of 12
(d) An amount exactly equivalent to the Rental Car Customer Facility Charge collected or should
have been collected by the Concessionaire Rental Car Provider and Non-Concessionaire Rental
Car Provider from customers shall be payable to the Aviation Commission. Such amount shall be
immediately due to the Aviation Commission on collection by the Concessionaire Rental Car
Provider and Non-Concessionaire Rental Car Provider who shall be required to hold such
amount in trust for the Aviation Commission's benefit. From the moment of collection, Customer
Facility Charge proceeds shall be the Aviation Commission's property and Concessionaire Rental
Car Provider and Non-Concessionaire Rental Car Provider shall hold only a possessory interest,
not an equitable interest, in these funds held in trust. The amount equivalent to that collected or
which should have been collected shall be remitted by Concessionaire Rental Car Providers and
Non-Concessionaire Rental Car Provider to Aviation Commission no later than the last day of
each month.
(e) Concessionaire Rental Car Providers and Non-Concessionaire Rental Car Providers shall
maintain records and controls which are sufficient to demonstrate the correctness of the
Rental Car Customer Facility Charge revenue collected by Non-Concessionaire Rental Car
Provider and the amount of Rental Car Customer Facility Charge paid to the Aviation
Commission. The records shall be subject to the same audit and review requirements as all
other remittances as outlined in Section 11 of this Ordinance.
(f) The current Rental Car Customer Facility Charge is $3.50 per Contract Day. As used in this
Ordinance, "Contract Day" means each twenty-four (24) hour period, and each fraction thereof,
during which a motor vehicle having been delivered by Non-Concessionaire Rental Car
Provider to each customer at the Airport is rented by such customer from the Concessionaire
Rental Car Providers and Non-Concessionaire Rental Car Provider. Each fractional period less
than a twenty-four (24) hour period shall be deemed a Contract Day. The Aviation Commission
may adjust the Rental Car Customer Facility Charge annually, based on estimates of Contract
Days for the upcoming year. Approximately 60 days prior to the end of the Aviation
Commission's fiscal year (December 31, annually), the Aviation Commission shall calculate the
revised Rental Car Customer Facility Charge and notify each Concessionaire Rental Car
Providers and Non-Concessionaire Rental Car Provider of the new Rental Car Customer
Facility Charge. Any credits or shortfalls from the prior fiscal year, as determined by the
Aviation Commission, shall carry forward to the next fiscal year. Concessionaire Rental Car
Providers and Non-Concessionaire Rental Car Provider shall provide its estimate of rental days
for the upcoming fiscal year no later than October 1, annually.
After receiving the estimate for the adjusted Rental Car Customer Facility Charge,
Concessionaire Rental Car Providers and Non-Concessionaire Rental Car Providers may
request a meeting to discuss the estimated Rental Car Customer Facility Charge. The request
for such a meeting shall be made within twenty (20) days after the forwarding of the
estimated rate for the upcoming fiscal year.
The adjusted Rental Car Customer Facility Charge shall become effective on January 1 of
each year.
(g) The number of transactions completed by Concessionaire Rental Car Providers and Non-
Concessionaire Rental Car Provider shall be reported to the Aviation Commission each month.
The report, signed by an authorized agent of the Concessionaire Rental Car Providers and Non-
Concessionaire Rental Car Provider, is to be received no later than the last day of the month
Attachment number 1 \nPage 8 of 12
Item # 6
Page 9 of 12
following such transactions and shall be remitted with the payment of the Rental Car Customer
Facility Charge.
(h) The Aviation Commission and Non-Concessionaire Rental Car Provider acknowledge that it is
anticipated that the individual members of the traveling public renting Non-Concessionaire
Rental Car Provider's cars and directly benefiting from Airport infrastructure and facilities are to
pay the Rental Car Customer Facility Charge on each transaction and that such renters are also
subject to any sales tax imposed by the State for the lease or license of real property arising from
the use of the facility. It shall be the responsibility of the Non-Concessionaire Rental Car
Provider to separately state any such tax liability on its rental contracts, to collect such tax and to
remit it to the State.
Section 1-3-8.21 - Conditions of Permit
The Aviation Commission shall not issue a Non-Concessionaire Rental Car Business Permit, and if
the Aviation Commission has issued such a Permit, may suspend and/or revoke that Permit, unless
the subject Non-Concessionaire Rental Car Provider continuously complies with the provisions of
this Ordinance and the Permit.
Section 1-3-822 - Suspension of Permit
(a) The Airport Director may suspend any Non-Concessionaire Rental Car Business Permit upon
the failure of the permitted Non-Concessionaire Rental Car Provider to continuously comply
with any provision of this section or of the Permit, provided, however, that such suspension
is to be imposed only following fourteen (14) days advance written notice to the Non-
Concessionaire Rental Car Provider whose Permit is to be suspended.
(b) A Non-Concessionaire Rental Car Provider whose Permit is suspended or subject to
suspension may demonstrate to the Airport Director, at any time before or after such
suspension has been imposed, that such Permittee is in compliance or has remedied its
noncompliance or that it is making a good faith effort to do so.
(c) If the Non-Concessionaire Rental Car Provider whose Permit is subject to suspension
demonstrates that it has remedied its failure to satisfy the conditions of this section or the Permit,
the Airport Director will remove the suspension of such Non-Concessionaire Rental Car
Provider's Permit, if such suspension has been imposed, or shall abandon proceedings to suspend
the Permit if such suspension has not yet been imposed.
(d) If the Non-Concessionaire Rental Car Provider whose Permit is subject to suspension
demonstrates that it is making a good faith effort to remedy its failure to comply with this
section and/or the Permit (though it has not yet remedied such failure), the Airport Director
may, at his discretion, remove the suspension of such Permittee's Non-Concessionaire Rental
Car Business Permit, if such suspension has been imposed, or abandon proceedings to
suspend the Permit if such suspension has not yet been imposed.
(e) Once a Non-Concessionaire Rental Car Business Permit has been properly suspended, it shall
remain suspended unless and until Permittee's noncompliance is remedied to the satisfaction of
the Airport Director and its suspension is removed, or until the Permit is revoked.
Attachment number 1 \nPage 9 of 12
Item # 6
Page 10 of 12
(f) A Non-Concessionaire Rental Car Provider whose Permit has been properly suspended by the
Airport Director may appeal the decision to the Aviation Commission.
Section 1-3-8.23 - Revocation of Permit
(a) The Airport Director may revoke any Non-Concessionaire Rental Car Business Permit upon
the failure of the Permittee to continuously comply with all provisions of this section and its
Permit, provided, however, that:
1. Such Permit has been properly suspended for at least thirty (30) days, and
2. Permittee has been given thirty (30) days' advance written notice, which notice may
be issued to the Non-Concessionaire Rental Car Provider holding such Permit only
after the Permit has been suspended.
(b) Upon revocation of its Non-Concessionaire Rental Car Business Permit, the Non-
Concessionaire Rental Car Provider must immediately remove any rental car decals issued in
connection with the revoked Permit from its Rental Car Courtesy Vehicles.
(c) A Non-Concessionaire Rental Car Business Permit that has been revoked may not be
reinstated. However, a Non-Concessionaire Rental Car Provider whose Permit has been
revoked may apply for a new Permit after curing all causes of revocation.
(d) The Airport Director may revoke, without notice, the Permit of any Non-Concessionaire Rental
Car Provider if, at any time while such Permit is suspended, any of such Non-Concessionaire
Rental Car Provider's vehicles seek to enter the Airport under the authority of the suspended
Permit for the purpose of loading passengers for transport to or unloading passengers after
transport from any facility of such Non-Concessionaire Rental Car Provider.
Section 1-3-8.24 - Failure to Pay Percentage Fees and Customer Facility Charge Proceeds
(a) If any Non-Concessionaire Rental Car Provider fails to submit any percentage fees and/or
Customer Facility Charge Proceeds as required by this Ordinance by the end of the tenth (10th)
day following the final day on which such remittance should have been submitted, the Non-
Concessionaire Rental Car Provider shall pay interest to the County at the rate of eighteen
percent (18%) per year (one-and-one-half percent [1.5%] per month) (or, if less, the maximum
rate of interest allowed by law) on such overdue amounts calculated from the date on which
such amounts should have been paid.
(b) If any Concessionaire Rental Car Provider fails to submit any Customer Facility Charge
Proceeds as required by this Ordinance by the end of the tenth (10th) day following the final day
on which such remittance should have been submitted, the Concessionaire Rental Car Provider
shall pay interest to the County at the rate of eighteen percent (18%) per year (one-and-one-half
percent [1.5%] per month) (or, if less, the maximum rate of interest allowed by law) on such
overdue amounts calculated from the date on which such amounts should have been paid.
Section 1-3-8.25 - Records to Be Maintained by Permittee
(a) During and with respect to the term of any Non-Concessionaire Rental Car Business Permit
issued to it, each Non-Concessionaire Rental Car Provider shall maintain such books and
Attachment number 1 \nPage 10 of 12
Item # 6
Page 11 of 12
records as would normally be examined by an independent certified public accountant in
accordance with generally accepted auditing standards in performing an audit or examination of
Permittee's revenues and gross revenue in accordance with generally accepted accounting
principles and this section.
(b) Each Non-Concessionaire Rental Car Provider to whom a Non-Concessionaire Rental Car
Business Permit is issued shall make all records available for inspection by the Airport
Director and/or his duly authorized representative(s), during reasonable business hours, for a
period of not less than three (3) years following the end of the term of the Permit to which
such records relate; provided, however, that no such inspection will be conducted at a time or
in a manner that causes undue interference with the business of the Non-Concessionaire
Rental Car Provider.
(c) The Non-Concessionaire Rental Car Provider may make such records available for inspection at
a specified place in Augusta, Georgia, or at its corporate headquarters. In the event that the
inspection of such records is made at the Non-Concessionaire Rental Car Provider's corporate
headquarters, and said corporate headquarters are located outside the limits of the County, then
the Non-Concessionaire Rental Car Provider shall reimburse the County for all reasonable travel
expenses associated with travel by the Airport Director and/or his duly authorized
representative(s) to the Non-Concessionaire Rental Car Provider's corporate headquarters for the
inspection of such records.
Section 1-3-8.26 - Failure to Submit Statement of Gross Revenue and Customer Facility
Charge Report
(a) If, in any month, any Concessionaire Rental Car Provider or Non-Concessionaire Rental Car
Provider fails to submit a timely statement of gross revenue and Customer Facility Charge
Report, as required by Section 5 of this Ordinance, at the end of the thirtieth (30th) day
following the final day on which such timely statement should have been submitted, the
Aviation Commission may, at its discretion, perform, or hire an agent to perform, an audit of
Concessionaire Rental Car Provider or Non-Concessionaire Rental Car Provider 's various
books and records (including, but not limited to, the records that such Concessionaire Rental
Car Provider or Non-Concessionaire Rental Car Provider is required to maintain under the
provisions of this Ordinance) to determine Concessionaire Rental Car Provider or Non-
Concessionaire Rental Car Provider’s gross revenue and Customer Facility Charge
requirement during the month that would have been the subject of such timely statement of
gross revenue and Customer Facility Charge report. The Concessionaire Rental Car Provider or
Non-Concessionaire Rental Car Provider shall, within thirty (30) days of receipt of an invoice
from the Aviation Commission therefor, reimburse the Aviation Commission for its reasonable
cost of performing or of hiring an agent to perform, such audit.
Section 1-3-8.27 -Term of Permit
(a) The term of such Non-Concessionaire Rental Car Business Permit shall extend from the date
it is issued until either midnight on the 31st day of December next following the date it was
issued or the date on which such Permit is revoked, whichever is earlier. The Rental Car
Courtesy Vehicle decals issued in connection with a Permit shall expire at the end of the term
of such Permit.
Attachment number 1 \nPage 11 of 12
Item # 6
Page 12 of 12
(b) On the first day of January of each succeeding year, the term of the Non-Concessionaire Rental
Car Business Permit shall be extended automatically for successive one (1) year periods, unless
said Permit is earlier suspended or revoked. If a suspension is in effect on January 1, the Non-
Concessionaire Rental Car Provider shall remedy all failures to comply with the provisions of
this Ordinance and shall apply for a new Non-Concessionaire Rental Car Business Permit
before any such Permit may be issued.
Section 1-3-8.28 - Permit Non-Transferable
(a) No Non-Concessionaire Rental Car Business Permit, and no rental car decal issued in
connection with such Permit, may be transferred, assigned, loaned, or used in any way by
any person or entity other than the Non-Concessionaire Rental Car Provider to whom such
Permit was issued or the Operator of a Rental Car Courtesy Vehicle operated under
agreement with such Non-Concessionaire Rental Car Provider.
Attachment number 1 \nPage 12 of 12
Item # 6
Commission Meeting Agenda
3/4/2014 2:00 PM
The Aubern at Barton Chapel – Water Quality Maintenance Agreement Approval
Department:Housing and Community Development Department (AHCDD)
Caption:Motion to approve the Housing and Community Development
Department (on behalf of Augusta, Georgia) to execute
Indemnification Agreement with the Augusta, Georgia Land Bank
Authority related to Retention Pond for the Aubern @ Barton
Chapel Rental Housing Project. (Approved by Administrative
Services Committee February 24, 2014)
Background:On September 4, 2012, the Augusta, Georgia Commission granted
the Augusta Housing and Community Development Department,
AHCDD, approval to precede with the Aubern @ Barton Chapel
Rental Housing Project. This rental housing project, located at
Ollie Road, off Barton Chapel Road, consists of building twenty-
three (23) attached 2BR, 3BR and 4BR single family
rental housing units for households considered low to moderate
income via the HOME Investment Partnership Program (HOME)
and Neighborhood Stabilization Program 3 (NSP3) program
guideline standards. To date, AHCDD has successfully
procured, via the Procurement Department, an Architectural and
Engineering Firm (Johnson, Laschober and Associates, P.C.),
whom has completed the construction drawings necessary to bid
for a General Contractor to begin Phase 1 (eight (8) attached
single-family rental units) of this project. Additionally, AHCDD
has also procured, via the Procurement Department, a certified
Property Management Firm (Good Sense Realty) whom acts on
Augusta’s behalf to preserve the value of the property while
generating rental income. However, before moving any further
with this project, AHCDD with the assistance of legal counsel felt
it best to request approval to execute an indemnification
agreement with the Augusta, Georgia Land Bank related to a
retention pond located in the Aubern @ Barton Chapel Rental
Housing Project area. There are presently no situations or
incidences related to this retention pond, as AHCDD is simply
requesting approval as a legal formality.
Analysis:All Pre Development work (Architectural & Engineering) has
been completed as AHCDD is ready to move towards the
Construction Phase. A situation such as this is a normal
Cover Memo
Item # 7
developmental activity associated with doing rental projects. The
Law Department has advised that AHCDD does not have the legal
authority to agree to indemnify or bind Augusta, Georgia to pay
for any costs occurred, as it relates to issues related to the
retention pond located in the Aubern @ Barton Chapel Rental
Housing Project area. While the Commission previously provided
general authority to move forward with this project, AHCDD is
not a separate legal entity and only the Commission can agree to
be legally liable for indemnification payment, of which there is
none at this time. AHCDD wants to be transparent in its efforts to
deliver a successful rental project, and thought it best to present
this to the Commission initially as opposed to waiting until there
was a potential situation, thus the reason for this submission.
Financial Impact:AHCDD anticipates receiving Twenty-five thousand, nine
hundred and thirty-six dollars ($25,936.00) in annual rental
income from Phase 1, which consists of eight (8) units, and
reserves, thus a residual source of funding exists for maintenance
and upkeep of the aforementioned retention pond.
Alternatives:Not Any Recommended
Recommendation:Approve the Housing and Community Development Department
(on behalf of Augusta, Georgia) to execute Indemnification
Agreement with the Augusta, Georgia Lank Bank Authority
related to Retention Pond for the Aubern @ Barton Chapel Rental
Housing Project, and to accept responsibility for the annual
upkeep and maintenance associated with the retention pond.
Funds are Available
in the Following
Accounts:
100% of the funding has been secured by AHCDD via its federal
programs (HOME & NSP3) to develop Phase 1 of this rental
project. No additional funding is needed at this time.
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 7
Attachment number 1 \nPage 1 of 1
Item # 7
Attachment number 2 \nPage 1 of 1
Item # 7
Commission Meeting Agenda
3/4/2014 2:00 PM
Work Session to Review SPLOST Monies
Department:Clerk of Commission
Caption:Motion to review the past six SPLOSTs and give us an update
concerning the funds that are left open and the availability of the
projects left. (Disapproved by Administrative Services
Committee February 24, 2014)
Background:The February 24th Administrative Services committee considered
a motion to approve tasking the Chair of the Finance Committee
with scheduling a work session for an extensive review of ALL
SPLOST Monies collected, invested, and expended since the
inception of the SPLOST Program in ARC. Direct each recipient
of SPLOST funds to provide documentation that will reflect the
status and disposition of all funds. Task the Finance Director with
providing ALL financial documentation associated with the
SPLOST Program. This documentation must reflect interest
earned and disposition of these earnings. Any SPLOST Monies
utilized to retire General Obligation Bonds must be reflected, to
include authorization for these actions. Any relevant
documentation not specifically requested will be provided. ALL
recipients of SPLOST Funds must be available to answer any
questions posed by the governing body. Work session should be
conducted prior to the February 24 Finance Committee Meeting.
(No recommendation Administrative Services Committee
February 10, 2014)
Analysis:
Financial Impact:
Alternatives:
Recommendation:Cover Memo
Item # 8
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 8
Commission Meeting Agenda
3/4/2014 2:00 PM
Computer Hard Drive
Department:
Caption:Approve requesting the Sheriff’s Department to do a preliminary
investigation of the hard drive issue relative to the tampering with
a city computer. (Requested by Commissioner Williams)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 9
Commission Meeting Agenda
3/4/2014 2:00 PM
Disparity Study
Department:
Caption:An update from the Interim Administrator regarding identifying a
funding source to fund Disparity Study, related IT programs and
approve same being done. (Requested by Commissioner Marion
Williams)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 10
Attachment number 1 \nPage 1 of 3
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Item # 10
Commission Meeting Agenda
3/4/2014 2:00 PM
EEO Job Title
Department:
Caption:Discuss job title for the EEO Director. (Requested by
Commissioner Marion Williams)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 11
Commission Meeting Agenda
3/4/2014 2:00 PM
Emergency Pay
Department:
Caption:Discuss emergency pay for city employees who were required to
work during the recent ice storm. (Requested by Commissioner
Marion Williams)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 12
Commission Meeting Agenda
3/4/2014 2:00 PM
URA Members
Department:
Caption:Discuss the appointment process for the Urban Redevlopment
Agency (URA) as approved by the Commission January 21, 2014
and discuss the residency of URA members. (Requested by
Commissioner Marion Williams)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 13
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Item # 13
Commission Meeting Agenda
3/4/2014 2:00 PM
P232653 Emergency Response Vehicles Change Order
Department:Fire
Caption:The Augusta Fire Department is requesting an adjustment of
$64,769 for Bid Item #13-187A, P232653. For informational
purposes.
Background:On December 3, 2013 the Augusta Commission awarded Bid #13-
187A Emergency Response Vehicles to KME. The total budget
for this bid was 3.1 million dollars. KME's initial bid was
$3,082,602. After preconstruction negotiations with KME at their
factory, the Fire Department is requesting an adjustment to
$3,147,371 for additional equipment options.
Analysis:These additions will increase the effiency with which the
firefighters deliver emergency services to the community.
Financial Impact:This is an increase of $64,769. The new adjusted price will still be
$348,496 lower than the next lowest bid, Ten-8, which was
$3,495,867.
Alternatives:None known
Recommendation:To increase P232653 to $3,147,371 to include additional
equpiment options on the emergency response vehicles being
purchsed from KME.
Funds are Available
in the Following
Accounts:
SPLOST funds are available for this adjustment in account #328-
03-4510/54-22310.
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Cover Memo
Item # 14
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 14
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Item # 14
Commission Meeting Agenda
3/4/2014 2:00 PM
2014 - Fleet Forklift
Department:Finance Department-Fleet Management
Caption:Motion to approve the replacement of one (1) 1994 forklift for
Fleet Management and Broad Street maintenance shops.
(Approved by Finance Committee February 24, 2014)
Background:The Fleet Management Division is requesting the replacement of
an older model forklift to assist in the many duties that encompass
the shop areas. The current forklift, asset number 034056 is a 1994
model. Repairs to the existing forklift are becoming more
frequent and it is becoming more difficult to obtain parts and
eventually the unit will no longer be usable. It has a 6,000 pound
lift capability which is limiting in supporting the shop
maintenance operations. The new forklift would be a tremendous
asset for the many duty requirements by the maintenance shops
with a lift capacity at 9,000 pounds. The forklift is used by Fleet
Management, the light vehicle shop and the fire shop, all at Broad
Street.
Analysis:The Procurement Department published a competitive bid using
the Demand Star electronic bid system with the following results:
Bid 12-233; Neff Rental, Inc = $42,645.00; Lift Atlanta =
$40,923.00 and Dougherty Equipment Co, Inc = $38,189.00. The
bid results are attached for review.
Financial Impact:The proposed forklift will be purchased through the use of the
remaining 2013 Capital funds account. The cost of the new forklift
will be $38,189.00.
Alternatives:1. Approve the request, 2. disapprove the request.
Recommendation:Approve the purchase of 1 forklift and declare the replaced unit as
surplus and available for auction.
Funds are Available
in the Following 272-01-6440/54-22210, remainder from 2013 capital outlay for
Fleet replacements.Cover Memo
Item # 15
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 15
Attachment number 1 \nPage 1 of 1
Item # 15
Attachment number 2 \nPage 1 of 1
Item # 15
Invitation to Bid
Sealed bids will be received at this office on Friday, December 13, 2013 @ 11:00 a.m. for furnishing:
Bid Item 13-233 Forklift for Fleet Management
Bid Item 13-235 Aerial Bucket Truck for Fleet Management
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,
December 6, 2013 @ 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 places
the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications.
GERI A. SAMS, Procurement Director
Augusta Chronicle November 14, 21, 28, December 5, 2013
Metro Courier November 20, 2013
Revised: 3/7/2013
Attachment number 3 \nPage 1 of 1
Item # 15
VENDORS
UNITED RENTALS
2425 MIKE PADGETT
HIGHWAY
AUGUSTA, GA 30906
LIFT ATLANTA INC
1639 MARVIN GRIFFIN
ROAD
AUGUSTA, GA 30906
DOUGHERTY
EQUIPMENT CO
P. O. BOX 16145
GREENSBORO, NC
27416
NEFF RENTAL
2325 TUBMAN HOME
ROAD
AUGUSTA, GA 30906
Attachment B No Bid
Response Yes Yes Yes
E-Verify Number 362984 346498 425224
SAVE Form Yes Yes Yes
Year 2014 2014 2013/2014
Make Hyundai Yale Heli
Model 40DS-7E GLP090VX CPQYD45-TY5
Bid Price $40,923.00 $38,189.00 $42,645.00
Delivery Schedule 3/27/2014 17 weeks ARO 90-120 days ARO
Bid Opening
Bid Item #13-233
Forklift
for Augusta, Georgia - Fleet Management Department
Bid Due: Friday, December 13, 2013 @ 11:00 a.m.
FORKLIFT:
Page 1 of 1
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FIACE DEPARTMET
Donna B. Williams, CGFM Ron Crowden
Director Fleet Manager
MEMORADUM
TO: MS. GERI SAMS
FROM: RO CROWDE
SUBJECT: BID AWARD REQUEST-BID 13-233
DATE: DECEMBER 20, 2013
Fleet Management would like to request the bid award for bid 13-233, which
opened on December 13th at 11:00 AM, to be awarded to Dougherty Equipment
Company, Inc, of Augusta, Georgia. The vendor was the lowest bidder which met
the required bid specifications.
Please let us know when the vendor paperwork is completed on this award so that
we may move forward with the purchase process.
If you have any questions or concerns, please contact me.
Best Personal Regards,
Ron Crowden
Fleet Manager
Attachment number 5 \nPage 1 of 1
Item # 15
Attachment number 6 \nPage 1 of 2
Item # 15
Attachment number 6 \nPage 2 of 2
Item # 15
Commission Meeting Agenda
3/4/2014 2:00 PM
Appprove terms for Tax Anticipation Note
Department:Finance / Administrator/Mayor
Caption:Approve Tax Anticipation Note terms.
Background:On February 18, 2014 the commission authorized the issuance of
a Tax Anticipation Note (TAN) as a mechanism to fund the GRU
Cancer Center request.
Analysis:The TAN is being issued using a comptetitive bid process that is
coordinated by our financial adviser, Dianne McNabb. The funds
will be disbursed upon passage of the SPLOST VII resolution and
the execution of an intergovernmental agreement (IGA) between
Augusta and GRU.
Financial Impact:The TAN will be repaid using proceeds from SPLOST VII bonds
that will be issued in 2014. This is contingent upon the SPLOST
resolution being approved in the May 20th election. If the
SPLOST referendum is not approved, the proceeds of the TAN
would be used to repay the outstanding debt. There would be an
interest charge to the general fund if that occurs.
Alternatives:n/a
Recommendation:apporve terms of TAN
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Cover Memo
Item # 16
Clerk of Commission
Cover Memo
Item # 16
Commission Meeting Agenda
3/4/2014 2:00 PM
GDOT Local Maintenance & Improvement Grant Street/Road Resurfacing Contract Award 13-197
Department:Abie Ladson, Director
Caption:Motion to approve award of Construction Contract to Beam’s
Contracting, Inc., in the amount of $1,328,099.80 for GDOT
LMIG funded resurfacing projects, subject to receipt of signed
contracts and proper bonds as requested by AED. Bid 13-197
(Approved by Engineering Services Committee February 24,
2014)
Background:The Local Maintenance and Improvement Grant is an annual
formula-based grant from GDOT that is funded through the motor
fuel tax. Grant funds are typically used to supplement local
resurfacing efforts based on priority. Each year Augusta receives
approximately $1.5 million through this grant, and Augusta
provides a ten percent match. The funds have been granted
through GDOT fiscal year 2013, and will provide resurfacing for
twelve (12) roads within the county.
Analysis:Bids were received on October 3, 2013 with Reeves Construction
Company being the low bidder. The bid results are as follow:
CONTRACTORS BID 1. Reeves Construction Company
$963,548.82 2. Beam’s Contracting $1,328,099.80 After
evaluations of the bids, Reeves Construction determined that they
could not complete the project for $963,548.82. Beam’s
Contracting was the next low bidder, and their bid is within the
budgeted amount of $1,727,922.04. It is the recommendation of
the Engineering Department to award this project to Beam’s
Contracting.
Financial Impact:Funds of $1,570,838.22 are available through GDOT Local
Maintenance & Improvement Grant, and $157,083.82 through the
Transportation Investment Act (TIA) for the City of Augusta, GA
matching funds.
Alternatives:1) Approve award of Construction Contract to Beam’s
Contracting, Inc., in the amount of $1,328,099.80 for GDOT
LMIG funded resurfacing projects, subject to receipt of signed
contracts and proper bonds as requested by AED. 2) Do not
Cover Memo
Item # 17
approve, and re-bid.
Recommendation:Approve Alternative Number One.
Funds are Available
in the Following
Accounts:
GDOT LMIG & TIA funds
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
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Item # 17
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Augusta-Richmond County, Georgia
Section 2: The following revenues are anticipated to be available to the Consolidated
Government to complete the project.
GDOT LMIG 1,570,838$
157,084$
1,727,922$
Section 3: Copies of this Capital Project Budget shall be made available to the
Comptroller for direction in carrying out this project.
Adopted this ____________________ day of ______________________.
Approved
_________________________________________________
Please do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission for execution.
For information reference this request, contact Engineering at ext 5070. Thanks
CPB#N/A
Honorable Deke Copenhaver, Mayor
CAPITAL PROJECT BUDGET
LOCAL MAINTENANCE & IMPROVEMENT
BID #13-197
GRANT STREET/ROAD RESURFACING (LMIG)
TIA Discretionary Funds
BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia
that the following Capital Project Budget is hereby adopted:
Section 1: This project is authorized to CPB#N/A to award the Construction Contract to Beam's Contracting, Inc
in the amount of $1,328,099.80 for GDOT LMIG funded resurfacing projects.
Funding is available through GDOT LMIG in the amount of $1,570,838.22 and TIA Investment Act in the
amount of $157,083.82 for the City of Augusta, GA matching funds.
1 of 2 10.24.2011
Attachment number 2 \nPage 1 of 2
Item # 17
Augusta-Richmond County, Georgia CPB#N/A
CAPITAL PROJECT BUDGET
LOCAL MAINTENANCE & IMPROVEMENT
GRANT STREET/ROAD RESURFACING (LMIG)
CPB AMOUNT NEW
SOURCE OF FUNDS CPB CPB
GDOT LMIG ($1,570,838)($1,570,838)
TIA Discretionary Funds ($157,084)($157,084)
TOTAL SOURCES: ($1,727,922) $0 ($1,727,922)
USE OF FUNDS
ROADS
XXX-041110-5414110-$1,727,922 $1,727,922
TOTAL USES:$1,727,922 $1,727,922
2 of 2 10.24.2011
Attachment number 2 \nPage 2 of 2
Item # 17
Invitation to Bid
Sealed bids will be received at this office on Thursday, October 3, 2013 @ 3:00 p.m. for furnishing:
Bid Item 13-197 Local Maintenance & Improvement Street/Road Resurfacing for Engineering
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 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 Augusta Blue Print. The fees for the plans
and specifications which are non-refundable is $50.00.
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.augustablue.com) at no charge
through Augusta Blue Print (706 722-6488) beginning Thursday, August 22, 2013. 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 held on Tuesday, September 17, 2013 @ 10:00 a.m. in the
Procurement Department, 530 Greene Street, Room 605. 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 Thursday, September 19, 2013 @ 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 along with the bidders’ 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.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle August 22, 29, September 5, 12, 2013
Metro Courier August 28, 2013
Revised: 3/7/2013
Attachment number 3 \nPage 1 of 1
Item # 17
Vendors
CONTRACT MANAGEMENT
INC
1827 KILLINGSWORTH
AUGUSTA GA 30904
BLAIR CONSTRUCTION
PO BOX 770
EVANS, GA 30809
REEVES CONSTRUCTION
P. O. BOX 1129
AUGUSTA, GA 30903
BEAM’S CONTRACTING
15030 ATOMIC ROAD
BEECH ISLAND, SC 29842
AUGUSTA LAWN & TURF
3618 PHILLIPS DRIVE
AUGUSTA, GA 30907
Attachment B Yes Yes
E-Verify Number 48048 167300
SAVE Form Yes Yes
Bid Bond Yes Yes
Bid Price $963,548.82 $1,328,099.80
Yes
Bid Item #13-197
Local Maintenance & Improvement Street/Road Resurfacing
for the City of Augusta - Engineering Department
Addendum 1 Yes
Bid Opening Date: Thursday, October 3, 2013 @ 3:00 p.m.
Page 1 of 1
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Attachment number 5 \nPage 1 of 1
Item # 17
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
ENGINEERING DEPARTMENT
Abie L. Ladson, PE, CPESC, Director
Abie L. Ladson, PE, CPESC, Director - Engineering Department
Monday, February 03, 2074
13-1.97 Georgia Department of Transportation (GDOT)
Local Maintenance & lmprovement Grant Street/Road Resurfacing (LMIG)
Project Number: N/A
File Reference: 013-014(a)
Dear Ms. Sams:
It is the recommendation of AED to award the Construction
amount of S1,328,099.80 for the subject project. Subject
bonds.
Contract to Beam's Contracting, lnc., in the
to receipt of signed contracts and proper
lf you have any questions, or concerns please e-mail me or give me a call.
Tha nks
ALL
/:scm
cc: Phyllis Johnson, Quality Assurance Analyst,
Hameed Malik, Ph.D., PE, Assistant Director, AED
Valerie Jenkins, AED Accountant
File
Engineering Department
505 Telfair Street Augusta, GA 30901
(706) 796-5040 - Fax (706) 796-5045
www.augustaga.gov
Attachment number 6 \nPage 1 of 1
Item # 17
Attachment number 7 \nPage 1 of 2
Item # 17
Attachment number 7 \nPage 2 of 2
Item # 17
Commission Meeting Agenda
3/4/2014 2:00 PM
Storm Debris Removal Contract
Department:
Caption:An update from Storm Debris Removal Contract regarding cost
per cubic yard and local participation. (Requested by
Commissioner Joe Jackson)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 18
Commission Meeting Agenda
3/4/2014 2:00 PM
Minutes
Department:Clerk of Commission
Caption:Motion to approve the minutes of the regular meeting of the
Commission held February 18, 2014 and Special Called Meeting
held February 24, 2014.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
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Item # 19
Commission Meeting Agenda
3/4/2014 2:00 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 # 20