HomeMy WebLinkAbout2014-03-18-Meeting Agenda
Commission Meeting Agenda
Commission Chamber
3/18/2014
2:00 PM
INVOCATION:
Rev. C. D. Roberts, Pastor, Elim Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA.
Five (5) minute time limit per delegation
DELEGATIONS
A. Mr. Barry White, Augusta Convention & Visitor Bureau regarding
tourism update.
Attachments
B. Mr. Les Morton regarding Special Purpose Local Option Sales Tax
(SPLOST).
Attachments
CONSENT AGENDA
(Items 1-21)
PLANNING
1. Z-14-12 – A request for concurrence with the Augusta Planning
Commission to approve with the condition that the following uses shall
be prohibited - convenience store, liquor store, tavern and/or a nightclub;
a petition by Dismas Charities Properties, Inc., on behalf of John D.
Moretz, requesting a change of zoning from Zone LI (Light Industry)
to Zone B-2 (General Business) affecting property containing
approximately .62 acres and is known as 602 Taylor Street. Tax Map
047-3-314-00-0 DISTRICT 1
Attachments
2. Z-14-13 - A request for concurrence with the Augusta Planning
Commission to approve a petition by Dismas Charities Properties, Inc.,
on behalf of John D. Moretz requesting a Special Exception to establish
a Bureau of Prisons Residential Re-entry Center per Section 26-1-(p) of
the Comprehensive Zoning Ordinance for Augusta, Georgia affecting
property containing approximately .62 acres and is known as 602 Taylor
Street. Tax Map 047-3-314-00-0 DISTRICT 1
Attachments
3. Z-14-14 – A request for concurrence with the Augusta Planning
Commission to approve a petition by Valerie A. Hobbs, on behalf
Auben Realty, requesting a Special Exception to establish a Family
Personal Care Home per Section 26-1 (H) of the Comprehensive
Zoning Ordinance for Augusta, Georgia affecting property
containing .46 acres and is known under the present numbering system
as 2275 Hampton Court. Tax Map 071-1-138-00-0 DISTRICT 2
Attachments
4. Z-14-15 - A request for concurrence with the Augusta Planning
Commission to approve a petition by Bill Wright, on behalf of
Westminster Day School Inc., requesting a Special Exception to
establish recreation field as an addition to a private school per Section
26-1 (b) of the Comprehensive Zoning Ordinance for Augusta, Georgia
affecting property containing 3.10 acres and is known as 3037 Wheeler
Road. Tax Map 025-3-033-00-0 DISTRICT 7
Attachments
5. Z-14-16 – A request for concurrence with the Augusta Planning
Commission to approve a petition by Gun Club Road LLC requesting a
change of zoning from Zone LI (Light Industry) to Zone HI (Heavy
Industry) affecting property containing 1.75 acres which is being added
to 2901 Gun Club Road. Being added to Tax Map 008-0-002-00-0
DISTRICT 7
Attachments
6. Z-14-17 – A request for concurrence with the Augusta Planning
Commission to approve with the conditions below: a petition by Gun
Club Road LLC requesting a Special Exception to expand an outdoor
shooting range per Section 24-2 (a)( 17) of the Comprehensive Zoning
Ordinance for Augusta, Georgia affecting property containing 1.75 acres
which is being added to 2901 Gun Club Road. Being added to Tax Map
008-0-002-00-0 DISTRICT 7
1. that the shooting range shall be surrounded by a minimum 20 foot
high berm;
Attachments
2. that no 50 caliber or fully automatic weapons be allowed on the
range or any weapons or ammunition that cannot be legally permitted;
3. the applicant will record a plat combining the subject 1.75 acres
into the adjoining 6 acre tract known as 008-0-002-00-0 before a
business license for the outdoor shooting range is issued and;
4. the hours of operation for the range shall be Monday through
Saturday 10 a.m. to 7:00 p.m. or dark (whichever comes first) and
Sunday 1 p.m. to 7:00 p.m. or dark (whichever comes first)
PUBLIC SERVICES
7. Motion to approve New Application: A. N. 14 - 10: request by James E.
Miller for a retail package Beer & Wine license to be used in connection
with Circle K Store #1875 located at 3011 Gordon Hwy. District 3.
Super District 10. (Approved by Public Services Committee March
10, 2014)
Attachments
8. Motion to approve New Ownership Application: A. N. 14 - 11: request
by Ravi S. Rajput for a retail package Beer & Wine license to be used in
connection with National Hills Amoco located at 2701 Washington Rd.
District 7. Super District 10. (Approved by Public Services Committee
March 10, 2014)
Attachments
9. Motion to approve New Application: 14 - 12: request by Edward
Mendoza for an on premise consumption Liquor, Beer & Wine license
to be used in connection with M and W Holding DBA Kitchen 1454
located at 1454 Walton Way. District 1. Super District 9. (Approved by
Public Services Committee March 10, 2014)
Attachments
10. Motion to approve a request by Brett Althoff for a Special Event license
Liquor, Beer & Wine for April 5th thru April 13, 2014 ( Masters
Week) to be used in connection with Hooters Restaurant located at 2834
Washington Rd. There will be a tent in the parking lot. There will be
Sunday Sales. District 7. Super District 10. (Approved by Public
Services Committee March 10, 2014)
Attachments
11. Motion to approve a request by Jan Scholer for a Special Events Beer &
Wine license for April 7th thru April 12, 2014 (Masters Week) to be
used in connection with Wild Wing Cafe located at 3035 Washington
Attachments
Rd. Event will be in the parking lot. District 7. Super District 10.
(Approved by Public Services Committee March 10, 2014)
12. Motion to approve proposed Mothball ordinance amendments so as to
provide regulations to better address the concerns with boarded up
nuisance properties and waive second reading. (Approved by Public
Services Committee March 10, 2014)
Attachments
13. Motion to approve a park caretaker residence agreement to be utilized
by the Department of Recreation, Parks and Facilities.(Approved by
Public Services Committee March 10, 2014)
Attachments
PUBLIC SAFETY
14. Motion to approve an agreement between Effingham County Extended
Care Facility of Springfield, Georgia (“ECECF”) and Augusta, Georgia
(“Augusta”).(Approved by Public Safety Committee March 10, 2014)
Attachments
FINANCE
15. Motion to approve using Motorola to find a buyer for the Motorola Gold
Elite Consoles that have been replaced at the 911 Center. (Approved by
Finance Committee March 10, 2014)
Attachments
16. Motion to approve the hosting and support agreement between the
Richmond County Board of Elections and the SOE Corporation to
provide online poll worker training to supplement existing training.
(Approved by Finance Committee March 10, 2014)
Attachments
17. Motion approve the transfer of $10,000 from the Sheriff's Department
(fund 273) to Accountability Court (Fund 204) for Drug Abuse
Treatment & Education (DATE).(Approved by Finance Committee
March 10, 2014)
Attachments
18. Motion to approve exempting the Sheriff's Department from the
proposed 2.4% budget cut and and task the Finance Director and Interim
Administraor to come back on Tuesday with a recommendation of a
Attachments
funding source.
Approve moving the expense of the purchase of a $15,000 IT program
for the EMA Dept. to the IT Department relative to EMA's 2.4% budget
reduction. (Approved by Finance Committee March 10, 2014)
PETITIONS AND COMMUNICATIONS
19. Motion to approve the minutes of the regular meeting of the
Commission held March 4, 2014 and Special Called Meetings held
March 6 and 10, 2014.
Attachments
APPOINTMENT(S)
20. Motion to approve the appointment of Mr. Garry R. Kerr to the Board of
Zoning Appeals and Jonathan Areves to the Transit Citizens Advisory
Board representing District 1.
Attachments
21. Motion to approve the appointment of Terrence Dicks to the Transit
Citizens Advisory Board representing District 2.
Attachments
****END CONSENT AGENDA****
AUGUSTA COMMISSION
3/18/2014
AUGUSTA COMMISSION
REGULAR AGENDA
3/18/2014
(Items 22-42)
PUBLIC SERVICES
22. Consider changing the ordinance dealing with the compensation for the
Airport Director. (No recommendation from Public Services
Committee March 10, 2014)
Attachments
PUBLIC SAFETY
23. Motion to approve allowing the Public Defender to hire four attorneys
with available state funds and unspent 2013 city funds rolled forward.
(No recommendation from Public Safety Committee March 10,
2014)
Attachments
24. Discuss city's procedures regarding security of electronic and other city
records. (Requested by Commissioner Marion Williams)
Attachments
FINANCE
25. Motion to recommend First Vehicle Services provide fleet maintenance
services for Augusta, Georgia. (No recommendation from Finance
Committee March 10, 2014)
Attachments
26. Motion to approve a request from the Garden City Rescue Mission
regarding a refund of the shelter's annual property taxes. (No
recommendation from Finance Committee March 10, 2014)
Attachments
ENGINEERING SERVICES
27. Authorize continued funding of a U. S. Geological Survey (USGS) Gage
on the Augusta Canal.
Attachments
28. Award the purchase of three bulldozers to Flint Equipment Company, the
lowest compliant bidder, for the Environmental Services Department.
Attachments
29. Presentation from Terri Turner concerning the flood plain in Augusta
Richmond County and the insurance rates in Richmond County.
(Requested by Commissioner Donnie Smith)
Attachments
30. Presentation by Mr. John D. Hatney, Jr. regarding the illegal use by the
City of two parcels of property with an easement for a drainage
ditch located at 1537 Wooten Road.
Attachments
31. Approve award of the Design Consultant Service Agreement Contract to
Civil Services, Inc. (CSI) in the amount of $38,866.00 for Milledgeville
Attachments
Road Bridge at Rocky Creek – Bridge Maintenance, subject to receipt of
signed contracts and bonds if applicable as requested by AED. (RFP 13-
182)
32. Approve award of the Design Consultant Service Agreement Contract to
Civil Services, Inc. (CSI) in the amount of $284,602 for Old
Waynesboro Road Bridge over Spirit Creek – Bridge Replacement,
subject to receipt of signed contracts and bonds if applicable as requested
by AED. (RFP 13-210)
Attachments
33. Motion to determine that any and all roads, or portions of roads within
Cherry Tree Crossing, as shown on the attached plat has ceased to be
used by the public to the extent that no substantial public purpose is
served by it or that its removal from the county road system is otherwise
in the best public interest, pursuant to O.C.G.A. §32-7-2, with the
abandoned property to be quit-claimed to the appropriate party(ies), as
provided by law and an easement to be retained over the entire
abandoned portion for existing or future utilities as directed by Augusta
Engineering Department and Augusta Utilities Department.
Attachments
34. Motion to determine that South Boundary Lane, as shown on the
attached plat/legal description, has ceased to be used by the public to the
extent that no substantial public purpose is served by it or that its
removal from the county road system is otherwise in the best public
interest, pursuant to O.C.G.A. §32-7-2, with the abandoned property to
be quit-claimed to the appropriate party(ies), as provided by law and
restrictions and easement to be retained over the entire abandoned
portion for existing or future utilities as directed by Augusta Engineering
Department and Augusta Utilities Department.
Attachments
35. Authorize to execute Feasibility Cost Share Agreement with US Army
Corps of Engineers and approve Capital Project Budget Change Number
One (CBP 324-041110-209824002) for the Augusta Regional Flood
Control Feasibility Study in the amount of $318,950.00 to complete the
Rocky Creek Flood Risk Management, Section 205 Feasibility Study in
the amount of $318,950.00. Funding is available in the project
contingency account for the AED.
Attachments
36. Approve award of the Design Consultant Service Agreement Contract to Attachments
Upcoming Meetings
www.augustaga.gov
Cranston Engineering in the amount of $100,780.00 for Scotts Way Over
Rae’s Creek – Bridge Replacement, subject to receipt of signed contracts
and bonds if applicable as requested by AED.
37. Discuss/approve debris removal in private and/or gated subdivisions.
Attachments
38. Request authorization to allow temporary employees to operate Utilities’
vehicles on Fort Gordon.
Attachments
39. Approve Renewal of Water Audit Professional Services for 2014.
Attachments
PETITIONS AND COMMUNICATIONS
40. Motion to adopt resolution commending the Association County
Commissioners of Georgia (ACCG) on the occasion of its Centennial .
Attachments
APPOINTMENT(S)
41. Consider the recommendation of Downtown Development Authority
(DDA) to appoint Dennis Welch to the seat held by Steven Kendrick
on DDA.
Attachments
LEGAL MEETING
A. Pending and Potential Litigation.
B. Real Estate.
C. Personnel.
42. Motion to authorize execution by the Mayor of the affidavit of
compliance with Georgia's Open Meeting Act.
Commission Meeting Agenda
3/18/2014 2:00 PM
Invocation
Department:
Caption:Rev. C. D. Roberts, Pastor, Elim Baptist Church
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 1
Commission Meeting Agenda
3/18/2014 2:00 PM
Barry White
Department:
Caption:Mr. Barry White, Augusta Convention & Visitor Bureau regarding
tourism update.
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
3/18/2014 2:00 PM
Les Morton
Department:
Caption:Mr. Les Morton regarding Special Purpose Local Option Sales
Tax (SPLOST).
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 3
Attachment number 1 \nPage 1 of 1
Item # 3
Commission Meeting Agenda
3/18/2014 2:00 PM
Z-14-12
Department:Planning Commission
Caption: Z-14-12 – A request for concurrence with the Augusta Planning
Commission to approve with the condition that the following uses
shall be prohibited - convenience store, liquor store, tavern and/or
a nightclub; a petition by Dismas Charities Properties, Inc., on
behalf of John D. Moretz, requesting a change of zoning from
Zone LI (Light Industry) to Zone B-2 (General Business)
affecting property containing approximately .62 acres and is
known as 602 Taylor Street. Tax Map 047-3-314-00-0
DISTRICT 1
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 4
Commission Meeting Agenda
3/18/2014 2:00 PM
Z-14-13
Department:Planning Commission
Caption: Z-14-13 - A request for concurrence with the Augusta Planning
Commission to approve a petition by Dismas Charities
Properties, Inc., on behalf of John D. Moretz requesting a Special
Exception to establish a Bureau of Prisons Residential Re-entry
Center per Section 26-1-(p) of the Comprehensive Zoning
Ordinance for Augusta, Georgia affecting property containing
approximately .62 acres and is known as 602 Taylor Street. Tax
Map 047-3-314-00-0 DISTRICT 1
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 5
Commission Meeting Agenda
3/18/2014 2:00 PM
Z-14-14
Department:Planning Commission
Caption: Z-14-14 – A request for concurrence with the Augusta Planning
Commission to approve a petition by Valerie A. Hobbs, on behalf
Auben Realty, requesting a Special Exception to establish a
Family Personal Care Home per Section 26-1 (H) of the
Comprehensive Zoning Ordinance for Augusta, Georgia affecting
property containing .46 acres and is known under the present
numbering system as 2275 Hampton Court. Tax Map 071-1-138-
00-0 DISTRICT 2
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 6
Commission Meeting Agenda
3/18/2014 2:00 PM
Z-14-15
Department:Planning Commission
Caption: Z-14-15 - A request for concurrence with the Augusta Planning
Commission to approve a petition by Bill Wright, on behalf of
Westminster Day School Inc., requesting a Special Exception to
establish recreation field as an addition to a private school per
Section 26-1 (b) of the Comprehensive Zoning Ordinance for
Augusta, Georgia affecting property containing 3.10 acres and is
known as 3037 Wheeler Road. Tax Map 025-3-033-00-0
DISTRICT 7
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 7
Commission Meeting Agenda
3/18/2014 2:00 PM
Z-14-16
Department:Planning Commission
Caption: Z-14-16 – A request for concurrence with the Augusta Planning
Commission to approve a petition by Gun Club Road LLC
requesting a change of zoning from Zone LI (Light Industry) to
Zone HI (Heavy Industry) affecting property containing 1.75
acres which is being added to 2901 Gun Club Road. Being added
to Tax Map 008-0-002-00-0 DISTRICT 7
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 8
Commission Meeting Agenda
3/18/2014 2:00 PM
Z-14-17
Department:Planning Commission
Caption: Z-14-17 – A request for concurrence with the Augusta Planning
Commission to approve with the conditions below: a petition by
Gun Club Road LLC requesting a Special Exception to expand an
outdoor shooting range per Section 24-2 (a)( 17) of the
Comprehensive Zoning Ordinance for Augusta, Georgia affecting
property containing 1.75 acres which is being added to 2901 Gun
Club Road. Being added to Tax Map 008-0-002-00-0 DISTRICT
7
1. that the shooting range shall be surrounded by a minimum
20 foot high berm;
2. that no 50 caliber or fully automatic weapons be allowed on
the range or any weapons or ammunition that cannot be legally
permitted;
3. the applicant will record a plat combining the subject 1.75
acres into the adjoining 6 acre tract known as 008-0-002-00-0
before a business license for the outdoor shooting range is issued
and;
4. the hours of operation for the range shall be Monday through
Saturday 10 a.m. to 7:00 p.m. or dark (whichever comes first) and
Sunday 1 p.m. to 7:00 p.m. or dark (whichever comes first)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:Cover Memo
Item # 9
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 9
Commission Meeting Agenda
3/18/2014 2:00 PM
Alcohol Application
Department:Planning & Development
Caption:Motion to approve New Application: A. N. 14 - 10: request by
James E. Miller for a retail package Beer & Wine license to be
used in connection with Circle K Store #1875 located at 3011
Gordon Hwy. District 3. Super District 10. (Approved by Public
Services Committee March 10, 2014)
Background:This is a new application.
Analysis:The applicant meets the requirements of the City of Augusta's
Alcohol Ordinance.
Financial Impact:The applicant will pay a fee of $1,330.00.
Alternatives:
Recommendation:Planning & Development recommends approval. The RCSO
recommends approval.
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 10
Attachment number 1 \nPage 1 of 2
Item # 10
Attachment number 1 \nPage 2 of 2
Item # 10
Commission Meeting Agenda
3/18/2014 2:00 PM
Alcohol Application
Department:Planning & Development
Caption:Motion to approve New Ownership Application: A. N. 14 - 11:
request by Ravi S. Rajput for a retail package Beer & Wine
license to be used in connection with National Hills Amoco
located at 2701 Washington Rd. District 7. Super District 10.
(Approved by Public Services Committee March 10, 2014)
Background:This is a new ownership application. Formerly in the name of
Marty Koger.
Analysis:The applicant meets the requirements of the City of Augusta's
Alcohol Ordinance.
Financial Impact:The applicant will pay a fee of $1,330.00.
Alternatives:
Recommendation:Planning & Development recommends approval. The RCSO
recommends approval.
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 11
Attachment number 1 \nPage 1 of 2
Item # 11
Attachment number 1 \nPage 2 of 2
Item # 11
Commission Meeting Agenda
3/18/2014 2:00 PM
Alcohol Application
Department:Planning & Development
Caption:Motion to approve New Application: 14 - 12: request by Edward
Mendoza for an on premise consumption Liquor, Beer & Wine
license to be used in connection with M and W Holding DBA
Kitchen 1454 located at 1454 Walton Way. District 1. Super
District 9. (Approved by Public Services Committee March 10,
2014)
Background:This is a new application.
Analysis:The applicant meets the requirements of the City of Augusta's
Alcohol Ordinance.
Financial Impact:The applicant will pay a fee of $4,295.00.
Alternatives:
Recommendation:Planning & Development recommends approval. The RCSO
recommends approval.
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 12
Attachment number 1 \nPage 1 of 2
Item # 12
Attachment number 1 \nPage 2 of 2
Item # 12
Commission Meeting Agenda
3/18/2014 2:00 PM
Alcohol Application
Department:Planning & Development
Caption:Motion to approve a request by Brett Althoff for a Special Event
license Liquor, Beer & Wine for April 5th thru April 13, 2014
( Masters Week) to be used in connection with Hooters Restaurant
located at 2834 Washington Rd. There will be a tent in the parking
lot. There will be Sunday Sales. District 7. Super District 10.
(Approved by Public Services Committee March 10, 2014)
Background:This is a yearly event during Masters.
Analysis:The applicant meets the requirements of the City Of Augusta's
Alcohol Ordinance.
Financial Impact:The applicant will pay a fee of $540.00.
Alternatives:
Recommendation:Planning & Development recommends approval. The RCSO
recommends approval.
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 13
Attachment number 1 \nPage 1 of 1
Item # 13
Commission Meeting Agenda
3/18/2014 2:00 PM
Alcohol Application
Department:Planning & Development
Caption:Motion to approve a request by Jan Scholer for a Special Events
Beer & Wine license for April 7th thru April 12, 2014 (Masters
Week) to be used in connection with Wild Wing Cafe located at
3035 Washington Rd. Event will be in the parking lot. District 7.
Super District 10.(Approved by Public Services Committee
March 10, 2014)
Background:This a yearly event during Masters Week.
Analysis:The applicant meets the requirements of the City of Augusta's
Alcohol Ordinance.
Financial Impact:The applicant will pay a fee of $360.00.
Alternatives:
Recommendation:Planning & Development recommends approval. The RCSO
recommends approval.
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 14
Attachment number 1 \nPage 1 of 1
Item # 14
Commission Meeting Agenda
3/18/2014 2:00 PM
Mothball Ordinance Amendments
Department:Planning & Development
Caption:Motion to approve proposed Mothball ordinance amendments so
as to provide regulations to better address the concerns with
boarded up nuisance properties and waive second reading.
(Approved by Public Services Committee March 10, 2014)
Background:The “Mothballing Ordinance” was developed to provide
regulations that would allow a property owner to secure and
preserve the structure while planning the property’s future or
acquiring funds for preservation, rehabilitation or restoration.
Analysis:It was found that most of the structures that have been registered
and permitted for mothballing have not complied with the intent
of the ordinance. The structures have not been repaired or
demolished. These structures, in addition to all the
“nonconforming mothballed structures” that are deteriorating to
the point that demolition is necessary, are a nuisance for the
neighborhoods, an obstacle for neighborhood redevelopment, and
a safety concern…. The neglected boarded up structures continue
to contribute to the blighting problems for many neighborhoods.
The structures are a target for vandalism and a location for other
crimes in the community. They are a blighting condition that
discourages investors from taking an interest in these areas which
impedes growth throughout the communities and other
surrounding areas. The attached proposed ordinance amendments
provide for: •A temporary ‘securing’ process while the owner
determines the future of the structure: rehabilitation or demolition.
•A limited time for a structure to be mothballed / boarded up. •A
shorter time period for complying with the ordinance; •All
existing mothballed and boarded up structures are required to
comply with the amended ordinance. The implementation of the
amendments will begin immediately: *Notices will be sent to
owners of mothballed structures that have exceeded the one-year
term. *Notices will be sent to owners of boarded-up structures to
comply.
Financial Impact:N/A Cover Memo
Item # 15
Alternatives:Approve, Disapprove, or recommend changes
Recommendation:Approve
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 15
ORDIACE O. ___________
A ORDIACE TO AMED THE AUGUSTA, GEORGIA CODE, TI TLE
SEVE, CHAPTER OE, SECTIOS 7-1-19 THROUGH 7-1-19.9, TO
DEFIE MOTHBALLIG; TO SPECIFY TERM OF PERMIT; TO
SPECIFY THE COMPLIACE REQUIREMET FOR EXISTIG
MOTHBALLED AD BOARDED-UP STRUCTURES; TO PROVIDE A D
MATERIAL FOR SECURIG WIDOWS; TO PROVIDE A PERIOD OF
COMPLETIO; TO REPEAL ALL CODE SECTIOS AD ORDIA CES
AD PARTS OF CODE SECTIOS AD ORDIACES I COFLI CT
HEREWITH; TO PROVIDE A EFFECTIVE DATE AD FOR OTHE R
PURPOSES.
WHEREAS, IT IS THE ITET OF THE AUGUSTA, GEORGIA
COMMISSIO TO PROMOTE THE HEALTH, SAFETY, AD GEER AL
WELFARE OF THE PUBLIC; TO PROTECT AD EHACE THE
QUALITY OF ITS EVIROMET; TO PROVIDE FOR SUCCESSF UL
EIGHBORHOOD REDEVELOPMET, AD TO PROTECT THE
PUBLIC FROM HEALTH UISACES, SAFETY HAZARDS.
OW, THEREFORE BE IT ORDAIED BY THE AUGUSTA, GEORG IA
COMMISSIO, AD IT IS HEREBY ORDAIED BY THE AUTHOR ITY
OF THE SAME AS FOLLOWS:
SECTIO 1. Sections 7-1-19 through 7-1-19.9 of AUGUSTA, GA. CODE Title
Seven, Chapter One as set forth in the AUGUSTA, GA. CODE, are hereby amended
by striking these sections in their entirety. New Sections 7-1-19 through 7-1-19.9
are hereby inserted to replace the repealed sections as set forth in “Exhibit A”
hereto.
SECTIO 2 . This ordinance shall become effective upon its adoption in
accordance with applicable laws.
SECTIO 3 . All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
Attachment number 1 \nPage 1 of 10
Item # 15
Adopted this ___ day of ___________, 2014.
___________________________
David S. Copenhaver
As its Mayor
Attest:
______________________________
Lena J. Bonner, Clerk of Commission
Seal:
Attachment number 1 \nPage 2 of 10
Item # 15
CERTIFICATIO
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the
foregoing Ordinance was duly adopted by the Augusta, Georgia Commission
on_________________, 2014 and that such Ordinance have not been modified or
rescinded as of the date hereof and the undersigned further certifies that attached
hereto is a true copy of the Ordinance which was approved and adopted in the
foregoing meeting(s).
______________________________
Lena J. Bonner, Clerk of Commission
Published in the Augusta Chronicle.
Date: ______________________
Second Reading Waived
Attachment number 1 \nPage 3 of 10
Item # 15
EXHIBIT A
Sec. 7-1-19. Mothballing vacant structures.
(a) Mothballing is defined as a method used for a short term to protect a vacant
structure from weather damage and vandals while preserving the structure for
future use. The goal of mothballing is to temporarily protect the property to allow
the owner to plan the property's future, or acquire funds for preservation,
rehabilitation or restoration
(b) Prior to mothballing a structure, the property owners will be required to register
the vacant property with the Planning and Development Department. The Planning
and Development Department will issue a mothballing a permit. Within ten (10)
days of completion of the mothballing, the property owner must contact the
Planning and Development Department to schedule an initial compliance
inspection. The property will be inspected for compliance with the provisions of
this Code Section.
Sec. 7-1-19.2 Registration of vacant and abandoned buildings
(a) Owners of vacant buildings, who elect to temporarily mothball in lieu of
repairing or demolishing the structure, must register their properties at the Planning
and Development department prior to beginning work. This registration shall be
made through a form provided by the department and shall include a list of a
contact person or persons responsible for the maintenance and repair of the
property. This form shall contain the current telephone numbers and addresses of
all contact persons. It is the sole responsibility of the property owner to update this
information at the Planning and Development department.
(b) Mothballing permit. After registration, the owners of vacant buildings must
obtain a mothballing permit from the Planning and Development department. The
cost of the mothballing permit is twenty-five dollars ($25.00) that includes the
compliance inspection. A separate building permit may be required for building
repairs.
(c) Term of permit, six months; option to extend for three months. A mothballing
permit shall be valid for six months following the date of the registration of the
property and may be extended for three months provided the owner is making
substantial progress to comply with the codes to renovate the structure, or demolish
Attachment number 1 \nPage 4 of 10
Item # 15
the structure. The fee for the extended term shall be twenty-five dollars $25.00 and
shall be paid when application is made for extension.
(d) Existing mothballed structures and non-conforming mothballed structures –
requirement to comply. Existing mothballed structures that have been secured for a
period exceeding the initial ‘term of permit one year’, and non-conforming
mothballed structures which are structures with windows and doors secured with
boards, are required to comply with (a), (b), and (c) above.
Sec. 7-1-19.3. Specific mothballing procedures.
The three highest priorities for a mothballed building are:
1) to ensure the public’s health, safety and welfare; 2) to protect the building from
sudden loss; and 3) to weatherize and maintain the property to stop moisture
penetration.
Sec. 7-1-19.4. General mothballing procedures.
(a) A properly mothballed building will have a watertight roof, secured doors and
windows, repaired or stabilized rot problems, painted wood, repaired masonry, and
well maintained grounds. All trash, debris, garbage should be removed from inside,
outside and under the house.
(b) To ensure compliance with this Code section, the property owner, at a
minimum, should take the following actions:
(1) The building's roof should be weather tight. Missing shingles should be
replaced, holes should be repaired. Rolled roofing is acceptable as a
temporary repair material; but if it is used, it must be securely installed.
(2) Windows should be covered on the exterior with high grade plywood cut
to fit within the window opening. Window coverings should be attached
with screws to minimize damage to the window when they are removed.
Window coverings should be painted a flat color - i.e. dark grey or black.
*Alternative materials (i.e: plexiglass) may be approved by the Code
Enforcement Manager.
(3) The water should be turned off and the pipes drained. If the building has
a functional sprinkler system, it should remain operational.
(4) All electrical systems not necessary for security, fire prevention, and/or
ventilation should be disconnected.
(5) Exterior walls surfaces shall be free of breaks, holes, loose or missing
materials to prevent deterioration. All exterior surfaces shall be repaired and
Attachment number 1 \nPage 5 of 10
Item # 15
protected from the elements including but not limited to porches, decks,
balconies and fences. All metal surfaces subject to rust or corrosion shall be
coated to inhibit such rust and corrosion. Gutters should be cleaned and
inspected to verify that they discharge away from the building. Corrective
measures should be taken as necessary.
(6) Potential points for water intrusion, like crawlspace openings and
basement windows, should be blocked and the water diverted away from the
building; however, basement and crawlspace ventilation shall be maintained.
(7) Loose architectural elements like brackets that should be documented,
removed, and stored on site. Securely attached material should not be
removed.
(8) Chimneys should be securely blocked with heavy duty wire mesh to
prevent animal intrusion.
(9) The building should be adequately ventilated. Small openings covered
with heavy duty wire mesh at the top of window coverings may be adequate.
In humid climates, forced air ventilation may be necessary.
(10) Vegetation around the building should be pruned back from the walls a
minimum of twelve (12) inches to allow good airflow. Overhanging dead
tree limbs and branches should be removed. The property grounds shall be
maintained at all times (including bushes, beds, and other vegetation), the
grass shall not exceed six (6) inches in height and the property shall be kept
free of trash and debris at all times.
(11) The owner shall establish a monitoring and maintenance schedule for
the building. The schedule, at a minimum, should require that a drive-by
inspection be done on a monthly basis.
Sec. 7-1-19.5. Mothballing—Boarding specifications.
The property owner must comply with the following minimum requirements
regarding windows, exterior doors and other openings in exterior walls of vacant
structures.
(1) Minimum cleaning and safety requirements:
a. Remove to legal dumpsite all trash debris, garbage from inside, outside
and under house before boarding. (Keep on file copy of all receipts from
landfill or their disposal facility for review.)
Attachment number 1 \nPage 6 of 10
Item # 15
b. Correct health and structural hazards inside, outside and under house
before boarding.
(2) Minimum window board-up requirements
a. Remove windowpanes if broken. If window panes not broken, lower or
raise window sash to permit installation of carriage bolts described below.
b. Neatly cut a single piece of one-half (1/2) inch high grade exterior
plywood that is sized to fit snugly inside the window opening against the
windows stop. Consider installing two (2) inches × four (4) inches blocking
within opening for back of plywood to rest against snugly. *Alternative
materials (i.e: plexiglass) may be approved by the Code Enforcement
Manager.
c. Cut an opening centered and six (6) inches below the top of the plywood
and install a metal soffit vent that covers the opening but allows light to
enter the structure once the plywood has been installed. Use screws to attach
the vent to the plywood.
d. Cut at least two two (2) inches × four (4) inches wood support members
that are sixteen (16) inches wider than the window opening.
e. The support members are to be mounted horizontally and flush against the
interior window casing with eight (8) inches extending left and right of the
window opening. The top support should be located within one-fourth (1/4)
and one-third (1/3) of the window opening height from the top of the
opening. The bottom support should be located within one-half (1/2) to one-
third (1/3) of the window opening height from the bottom of the opening.
f. Drill at least two holes in each of the two (2) inches × four (4) inches
support members then drill holes in the plywood that line up with the holes
drilled in the support members.
g. Insert a washer over the end of a three-eighths (3/8) inch diameter round,
smooth head, carriage bolt.
h. Line up each hole in the two (2) inches × four (4) inches support member
and the plywood.
i. At each hole, insert a three-eighths (3/8) inch diameter carriage bolt from
exterior to interior through the plywood, through the window opening and
through the two (2) inches × four (4) inches and plywood toward each other
until there is no play.
j. Prime the exterior surface of the plywood.
Attachment number 1 \nPage 7 of 10
Item # 15
k. On the exterior, caulk the perimeter edges of the plywood.
l. Paint the exterior surface of the plywood a flat color — i.e. dark grey or
black.
(3) Minimum exterior door board-up requirements.
a. Remove door.
b. Neatly cut a single piece of one-half (1/2) inch high grade exterior
plywood that is sized to fit snugly inside the door opening against the
doorstop. Consider installing two (2) inches × four (4) inches blocking
within opening for back of plywood to rest against snugly.
c. Cut an opening centered and six (6) inches below the top of the plywood
and install a metal soffit vent that covers the opening but allow light to enter
the structure once the plywood has been installed. Use screws to attach the
vent to the plywood.
d. Cut a least two two (2) inches times; four (4) inches wood support
members that are sixteen (16) inches wider than the door opening.
e. The support members are to be mounted horizontally and flush against the
interior door casing with eight (8) inches extending left and right of the door
opening. The top support should be located within one-fourth (1/4) and one-
third (1/3) of the door opening height from the top of the opening. The
bottom support should be located within one-fourth (1/4) to one-third (1/3)
of the door opening height from the bottom of the opening.
f. Drill at least two (2) holes in each of the two (2) inches × four (4) inches
support member and the plywood. At each hole, insert a three-eighths (3/8)
inch diameter carriage bolt from exterior to interior—through the plywood,
through the door opening and through the two (2) inches × four (4) inches.
g. Insert a washer over the end of a three-eighths (3/8) inch diameter round,
smooth head, carriage.
h. Line up each hole in the two (2) inches × four (4) inches support member
and the plywood. At each hole,insert a three-eighths (3/8) inches diameter
carriage bolt—from exterior to interior—through the door opening and
through the two (2) inches × four (4) inches.
i. Slip a three-eighths (3/8) inch diameter nut and washer over the end of the
carriage bolt inside the structure and securely tighten the nut pulling the two
(2) inches × four (4) inches and plywood toward each other until there is no
play.
Attachment number 1 \nPage 8 of 10
Item # 15
j. Prime the exterior surface of the plywood.
k. On the exterior, caulk the perimeter edges of the plywood.
l. Paint the exterior surface of the plywood a flat color—i.e. dark grey or
black.
(4) Crawlspace/basement door, gable vent or other opening.
a. Remove door or vent and install when necessary two (2) inches × four (4)
inches blocking in the opening.
b. Cut a single piece of one-half (1/2) inch high grade exterior plywood that
will fit snugly against the outside edge of the blocking.
c. Screw plywood snugly to blocking using at least one (1) inch screws.
d. Prime the exterior surface of the plywood and caulk the perimeter edges.
e. Paint the exterior surface of the plywood a flat color — i.e. dark grey or
black.
Sec. 7-1-19.6 Completion period
(a) Period of completion. Owners of vacant structures shall have fifteen (15)
calendar days from date of issuance of the mothballing a permit to complete
mothball the building in compliance with these provisions.
(b) Extension. The Director of the Planning and Development Department may
extend the completion period up to fifteen (15) calendar days based on unusual
circumstances and financial hardships.
Sec. 7-1-19.7 Initial compliance inspection.
(a) Initial compliance inspection. The Planning and Development Department will
conduct an initial mothballing compliance inspection of the building, and shall
issue an acceptance certificate if the property owner has substantially complied
with the requirements as set forth in.
(b) on-acceptance . If the owner has not substantially complied with the
requirement of this ordinance, the department shall issue a note of non-acceptance
during the initial compliance inspection, the department shall provide the owner
with a copy of the noted deficit area(s). The building owner will have fifteen (15)
days from the date of inspection within which to take corrective action(s) and
request another compliance inspection. The owner may be subject to other
enforcement proceedings under this Code if the department notes the structure as
non-acceptance during a follow-up compliance inspection.
Attachment number 1 \nPage 9 of 10
Item # 15
Sec. 7-1-19.8 Compliance inspections.
To ensure compliance, the Planning and Development Department will conduct a
six (6) month inspection of all structures registered under this Code section. If an
extension is approved an inspection will be performed at the end of the three (3)
month period.
Sec. 7-1-19.9 Enforcement.
The Planning and Development department will be responsible for enforcing
compliance with the mothballing ordinance.
Secs. 7-1-20—7-1-25. Reserved.
Attachment number 1 \nPage 10 of 10
Item # 15
Commission Meeting Agenda
3/18/2014 2:00 PM
Park Caretaker Residence Agreement
Department:Recreation, Parks and Facilities
Caption:Motion to approve a park caretaker residence agreement to be
utilized by the Department of Recreation, Parks and Facilities.
(Approved by Public Services Committee March 10, 2014)
Background:The Department currently has three (3) park locations that have
caretaker residences and that are occupied by current employees
of the Department.
Analysis:In an effort to provide continuity in caretaker’s rights and
responsibilities and to protect the interest in City managed park
sites, the Department has developed and is proposing
implementing the attached agreement. Mutual benefits are realized
by the Department and the resident caretaker’s currently living on
three properties, Diamond Lakes Regional Park, Pendleton King
Park and Lock and Dam Park. The agreement has been vetted
through the Law Department and the Human Resources
Department.
Financial Impact:N/A
Alternatives:1. To Approve the park caretaker residence agreement to be
utilized at park facilities managed by the Department of
Recreation, Parks and facilities. 2. Move No Action.
Recommendation:1. Move to Approve.
Funds are Available
in the Following
Accounts:
N/A
REVIEWED AND APPROVED BY:
Cover Memo
Item # 16
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 16
___________________ Park Caretaker Agreement RLH 2014
(Date) ____________
Page 1 of 8
STATE OF GEORGIA )
COUTY OF RICHMOD )
PARK CARETAKER RESIDECE
AGREEMET
THIS AGREEMENT, effective this _______ day of _____________, 2014 is
entered into between AUGUST, GEORGIA a political subdivision of the State of Georgia,
hereinafter referred to as Lessor, and ________________________________ whose
address is ______________________________________________, _______________,
Georgia hereinafter referred to as Lessee.
IN CONSIDERATION FOR THE MUTUAL COVENANTS AND CONDITIONS
CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS:
1. LEASE PREMISES:
Augusta does hereby lease and let and allow the Lessee to maintain a:
home; mobile home; other; on certain real estate located in
___________________, Georgia, which is described as the caretaker home
site, ______________________ located at _________________________.
2. TERM:
The term of this lease shall be month to month commencing on the _____
day of __________, 20___, and may be terminated by either party hereto
only by providing the other party with sixty (60) days written notice prior to
the termination of the agreement. Additionally, the term shall terminate
if/when employment ends.
3. OBLIGATIONS OF THE LESSEE:
In addition to the lessee’s normal scheduled work hours and assignment,
and in lieu of the payment of rent for the occupancy of said residence,
LESSEE will perform the following duties:
a. Secure grounds daily by opening and closing gates at____________
________________________________ Park. The designated gates
shall be opened daily, which includes weekends and Augusta
observed holidays, between the established hours of operation. The
gates shall be closed in the evening at dusk, which is within thirty
(30) minutes after sunset. The grounds will be secured by
Attachment number 1 \nPage 1 of 8
Item # 16
___________________ Park Caretaker Agreement RLH 2014
(Date) ____________
Page 2 of 8
conducting an inspection of the Park before closing gates to ensure
that all visitors are off premises and by inspecting the premises
before opening the gates to ascertain if any acts of vandalism have
occurred during the night.
b. Complete a log sheet as directed and submit the same to the
designated staff representative weekly.
c. Have a telephone within the lease premises and be available to
provide the initial after-hours contact by the Police, Fire, and other
emergency services in the event of an emergency.
d. Assist the public needing assistance at the Park, or as assigned,
e. Be responsive to security alarm systems that may be activated on
site.
f. Be available after regular hours for service when requested by the
City staff.
g. Upon discovery, immediately report any acts of vandalism or
potential vandalism to the proper authorities.
h. Maintain the surrounding grounds in a neat and orderly manner and
appearance. Equipment sheds, recreational vehicles, boats, camp
trailers, etc., may not be kept or stored by the Lessee on the
leasehold premises unless Lessee has received written approval from
the Director of Recreation, Parks and Facilities.
i. Contain and control any pets or animals owned by the LESSEE to
the area immediately surrounding the residence occupied by the
Lessee, only if allowed in writing by the Director of Recreation,
Parks and Facilities. Comply with all Augusta ordinances and state
laws regarding animals at all times.
j. Provide for a substitute caretaker, who is pre-approved by the
Director of Recreation, Parks and Facilities, or designee for any time
the LESSEE is away from the site and unable to perform the
obligations listed above.
k. Be responsible for any personal items Lessee brings on the premises
that are not the property of Augusta, Georgia will be the lessee’s
obligation for replacement or repair.
l. All personal vehicles on the premises shall be properly registered
and insured.
m. When the Lessee vacates the premises, the Lessee must:
Attachment number 1 \nPage 2 of 8
Item # 16
___________________ Park Caretaker Agreement RLH 2014
(Date) ____________
Page 3 of 8
(a) leave the premises reasonably clean, and undamaged except
for reasonable wear and tear, and
(b) give the Lessor all the keys or other means of access that
are in the possession or control of the Lessee and that allow
access to and within the residential property.
(c) damages above and beyond normal wear and tear shall be
Lessee’s responsibility for repair.
n. Other: _________________________________________________
______________________________________________________.
4. OBLIGATION OF THE LESSOR:
Lessor will be responsible for the following:
a. Physical residence for no rental fee.
b. Providing for electrical, water and sewer, natural gas and local
phone service. Please note long distance telephone bills as well as
cable/dish satellite and/or internet charges will be the responsibility
of the Lessee.
c. Lessor shall not compensate Lessee for the opening and closing,
inspection, customer service related duties, and other normal
operational duties of said nature, but will be the agreed upon
services required in lieu of having provided rent free living
accommodations that include specified utilities at no cost to the
Lessee.
d. Lessor’s responsibility to the lessee is to provide a safe and
functional living space. Lessor shall keep the structure of the
residence sound, including stairways, floors and roofs; keep
electrical heating and plumbing systems operating safely; supply
hot and cold water in reasonable amounts; and provide for pest
control.
e. Prior to occupancy by a new tenant, the Lessor shall rekey or and/or
replace locks.
5. HOLD HARMLESS AGREEMENT:
For and in consideration of the mutual conditions in this Agreement, the
Lessee agrees to indemnify and hold harmless and defend AUGUSTA,
Attachment number 1 \nPage 3 of 8
Item # 16
___________________ Park Caretaker Agreement RLH 2014
(Date) ____________
Page 4 of 8
GEORGIA, its elected officials, officers, employees, agents, and
representatives from and against any and all losses, damages, costs, charges,
expenses, judgments and liabilities incurred by virtue of the Lessee’s
utilization of the above-described real property pursuant to the terms of this
Agreement.
6. USE OF PREMISES:
It is further covenanted and agreed by and between the parties hereto that
Lessee shall be twenty-one (21) years of age or older and reside on the
premises with no more than one (1) non-family member or no more than
three (3) additional immediate family members. Lessee shall utilize the
leased premises as a residence and for no other purpose whatever.
The Premises shall not be used for any illegal purpose; or in any manner to
create any nuisance or trespass; or in any manner so as to invalidate the
insurance or increase the rate of insurance on the Premises.
7. DESTRUCTION OF OR DAMAGE TO PREMISES:
If the Premises are totally destroyed by storm, fire, flood, lightning,
earthquake or other casualty, this Lease shall terminate as of the date of
such destruction.
8. INSPECTION BY THE AUGUSTA, GA:
The Lessor and Lessee together must inspect the condition of the residence
and surrounding premises on the day the Lessee is entitled to possession of
the residence or on another mutually agreed day.
The Lessor and Lessee together must inspect the condition of the residence
and surrounding premises on or before the day the tenant starts keeping a
pet or on another mutually agreed day, if the Lessor permits the Lessee to
keep a pet on the resident property after the start of a tenancy, and upon the
end of a tenancy.
The Lessor and Lessee must complete a condition inspection report which
both parties will execute and receive copies.
AUGUSTA, GEORGIA or a representative of the AUGUSTA, GEORGIA
may inspect said premises at any reasonable times to ensure if the terms and
conditions of this Agreement are being strictly complied with.
9. EXCULPATION AND INDEMNIFICATION:
The Premises are being leased to Lessee “AS IS”, and Lessee accepts said
Premises in its present condition and acknowledges that is has inspected the
same and found the Premises to be suitable for its intended use. IF any
Attachment number 1 \nPage 4 of 8
Item # 16
___________________ Park Caretaker Agreement RLH 2014
(Date) ____________
Page 5 of 8
repairs to the improvements located on the premises covered by this Lease
are required during the term of this Lease, the cost of same shall be paid by
Lessee. It is an express condition of this Lease Agreement that, except
when caused solely by its negligence, Lessor’s, its officers, agents, and
employees, shall be free from any and all claims, debts, demands, liabilities,
or causes of action of every kind or character, whether in law or in equity,
by reason of any death, injury, or damage to any person or persons or
damage or destruction of property or loss of use thereof, whether it be the
person or property of Lessee, its invitees, licensees, agents, or employees,
or any third persons, from any cause or causes whatsoever arising from any
event or occurrence in or upon the Premises or any part thereof or otherwise
arising from Lessee operations under and indemnify and save harmless the
Lessor, its officers, agents, and employees, against and from any and all
such claims, demands, debts, liabilities, and causes of action (other than
those caused solely by Lessor’s negligence) including reasonable attorney’s
fees and costs to be incurred by Lessor in defending same.
10. INSURANCE:
LESSEE agrees to obtain and maintain, during the tenancy of the lease
described herein, general liability insurance in the minimum amount of
$500,000, which shall include liability coverage for injury to any person or
property arising from LESSEE’S occupancy of the premises. AUGUSTA,
GEORGIA shall be named as additionally insured on this policy. The
Lessee agrees to furnish a Certificate of Insurance to AUGUSTA,
GEORGIA and the AUGUSTA, GEORGIA shall be notified a minimum of
twenty (20) days prior to any cancellation or modification of the policy. In
addition, the Lessee agrees to obtain and maintain renter’s insurance for
their personal possessions and liability.
11. SECURITY/PET DEPOSIT:
AUGUSTA, GEORGIA may require a security deposit of $ ____________
for the caretaker residence located at _____________ Park. In addition, the
Lessor may require the Lessee to pay a pet damage deposit fee the agreed
amount of $ _________, if allowed in writing by the Director of Recreation,
Parks and Facilities.
Upon the completion of an end of tenancy inspection report, the return of
the security and or pet deposit will be made in accordance after fifteen (15)
business days of all the following conditions being met:
a. Lessee leaves the residence and surrounding premises reasonably
clean, and undamaged except for reasonable wear and tear, and
Attachment number 1 \nPage 5 of 8
Item # 16
___________________ Park Caretaker Agreement RLH 2014
(Date) ____________
Page 6 of 8
b. Lessee returns to the Lessor all the keys or other means of access
that are in the possession or control of the tenant and that allow
access to and within the residential property.
c. The date the Lessor receives the Lessee’s forwarding address in
writing.
AUGUSTA, GEORGIA may retain an amount from a security deposit or a
pet damage deposit if at the end of a tenancy, the Lessee agrees in writing
the Lessor may retain the amount to pay a liability or obligation of the
Lessee and the above conditions having not been met.
12. DEFAULT AND RE-ENTRY:
Failure of the Lessee to maintain employment with AUGUSTA,
GEORGIA, fulfill and comply with the terms of this Agreement as herein
specified, or upon the Lessee’s violation of any of the terms and conditions
of the Agreement, shall constitute grounds for termination by AUGUSTA,
GEORGIA upon giving Lessee thirty (30) days written notice. Upon
termination of this Agreement, Lessee shall peacefully remove personal
property and surrender possession of said premises. Lessee agrees to return
the Premises to the Lessor upon the expiration or termination of this rental
agreement in as good condition and repair as when first received; normal
wear and tear expected. In the event AUGUSTA, GEORGIA is required to
undertake any legal action of any type whatsoever to enforce the provisions
of this Agreement, then, in such event, Lessee covenants and agrees to pay
AUGUSTA, GEORGIA for its reasonable attorneys’ fees and costs
sustained therein.
13. ASSIGNMENT OR SUBLEASE:
LESSEE shall not assign, transfer, or encumber this Agreement, and shall
not sublease the premises, or any other part thereof, or allow any other
person to be in possession thereof.
14. NO ESTATE IN LAND:
This contract shall create the relationship of Lessor and Lessee between the
parties hereto and no estate shall pass out of Lessor.
15. HOLDING OVER:
If Lessee remains in possession of Premises after expiration of the term
hereof, with Lessor’s acquiescence and without any express agreement of
parties, Lessee shall be a tenant at will at the rental rate in effect at the end
of this Lease; and there shall be no renewal of this Lease by operation of
law.
Attachment number 1 \nPage 6 of 8
Item # 16
___________________ Park Caretaker Agreement RLH 2014
(Date) ____________
Page 7 of 8
16. WAIVERS OF RIGHTS:
No failure of Lessor to exercise any power given it hereunder or to insist
upon strict compliance by Lessee with any of its obligations hereunder and
no custom or practice of the Lessor at variance with the terms hereof shall
constitute a waiver of Lessor’s right to demand strict compliance with terms
hereof.
17. OPEN RECORDS:
The Lessee acknowledges that all records relating to this Agreement and the
services to be provided under this Agreement may be a public record
subject to Georgia’s Open Records Act. (O.C.G.A. § 50-18-70, et seq.).
Lessee shall cooperate fully in responding to such request and making all
records, not exempt, available for in section and copying as provided by
law. Lessee shall notify Lessor immediately of any request made under the
Open Records Act and shall furnish Lessor with a copy of the request and
the response to such request.
18. GOVERNING LAW:
This Agreement shall be governed and interpreted by the laws of the State
of Georgia.
19. VENUE:
All claims, disputes and other matters in question between the Lessor and
the Lessee arising out of or relating to the Agreement, or the breach thereof,
shall be decided in the Superior Court of Richmond County, Georgia. The
Lessee, by executing this Agreement, specifically consents to venue in
Richmond County and waives any right to contest the venue in the Superior
Court of Richmond County, Georgia.
20. ENTIRE AGREEMENT:
This Agreement contains the entire Agreement between the parties, and no
modification of this Agreement shall be binding upon the parties unless
evidenced by a written agreement executed by AUGUSTA, GEORGIA and
the Lessee.
[SIGATURES O FOLLOWIG PAGE]
Attachment number 1 \nPage 7 of 8
Item # 16
___________________ Park Caretaker Agreement RLH 2014
(Date) ____________
Page 8 of 8
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
_____ day of __________, 20___.
AUGUSTA, GEORGIA
______________________________
MAYOR
______________________________
DIRECTOR,
AUGUSTA, GEORGIA
RECREATION, PARKS AND
FACILITIES DEPARTMENT
ATTEST:
______________________________
APPROVED AS TO FORM:
______________________________
LESSEE
______________________________
______________________________
STATE OF GEORGIA )
COUNTY OF RICHMOND )
On this _____ day of __________, 20___, before me, the undersigned, a Notary Public in and for
the State of Georgia, personally appeared _____________________, to me known to be the individual
described in and who executed the within instrument and acknowledged that he signed the same as his free
and voluntary act and deed for the uses and purposes therein mentioned.
GIVEN UNDER my hand and official seal the date herein above set forth.
[Printed name]
NOTARY PUBLIC in and for the State of
Georgia, residing at
MY COMMISSION expires
Attachment number 1 \nPage 8 of 8
Item # 16
Commission Meeting Agenda
3/18/2014 2:00 PM
Compensation for Airport Director
Department:Clerk of Commission
Caption:Consider changing the ordinance dealing with the compensation
for the Airport Director. (No recommendation from Public
Services Committee March 10, 2014)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 17
Attachment number 1 \nPage 1 of 4
Item # 17
Attachment number 1 \nPage 2 of 4
Item # 17
Attachment number 1 \nPage 3 of 4
Item # 17
Attachment number 1 \nPage 4 of 4
Item # 17
Commission Meeting Agenda
3/18/2014 2:00 PM
Agreement
Department:Law
Caption:Motion to approve an agreement between Effingham County
Extended Care Facility of Springfield, Georgia (“ECECF”) and
Augusta, Georgia (“Augusta”).(Approved by Public Safety
Committee March 10, 2014)
Background:See attached.
Analysis:N/A
Financial Impact:N/A
Alternatives:N/A
Recommendation:N/A
Funds are Available
in the Following
Accounts:
N/A
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 18
March 3, 2014
This agreement is made between Effingham County Extended Care Facility of
Springfield, Georgia (“ECECF”) and Augusta, Georgia (“Augusta”). This agreement will be
valid for a period of three years and, with Commission approval, may be renewed for
three year terms thereafter.
Augusta agrees to provide a shelter for residents from the ECECF facility during a
mandatory evacuation. The Shelter location will be determined by Augusta upon
notification from ECECF of the requirement of a mandatory evacuation. ECECF agrees to
defend, indemnify, and hold harmless Augusta, Georgia for any claims arising out of the
use of the Shelter.
ECECF will provide all materials necessary to operate the Shelter, including but not
limited to:
Transportation to and from the Shelter for all residents;
Professional supportive staff to compensate the number of residents sheltered;
Dietary, Housekeeping, Maintenance and Administration Staff; and
Any needed medical supplies, oxygen, medicine, bandages, etc.
___________________________ ___________________________
Deke Copenhaver Michael W. Murphy, EMHP
Mayor, Augusta, Georgia Environment of Care Manager
Date ______________________ Date _______________________
Attest: _____________________
Clerk of Commission
Attachment number 1 \nPage 1 of 1
Item # 18
Commission Meeting Agenda
3/18/2014 2:00 PM
Approve Public Defender to Hire Four Attorneys with Available State Funds and Unspent 2013 City
Funds Rolled Forward
Department:Public Defender
Caption:Motion to approve allowing the Public Defender to hire four
attorneys with available state funds and unspent 2013 city funds
rolled forward.(No recommendation from Public Safety
Committee March 10, 2014)
Background:Changes to the Juvenile Court System, along with the expansion
of Superior Court to eight criminal courts necessitates the hiring
of two Juvenile Court attorneys and two additional Superior Court
attorneys.
Analysis:Upon review of State and Tri County funding for the Public
Defender's Office, it is determined these four positions can be
achieved by realigning staff positions from the State to the
County. As of January 1, 2014, there is $201,130 available in the
State budget that can be returned to the County and $156,000
unspent in the Public Defender 2013 budget that can be rolled
forward for 2014 appropriations. With these funds, four additional
attorneys could be added immediately.
Financial Impact:With excess funds, paid to the state, returned to the county and
unspent 2013 funds rolled forward, no additional funding will be
required.
Alternatives:Do not approve - resulting in court delays
Recommendation:Approve Public Defender to hire four additional attorneys
Funds are Available
in the Following
Accounts:
N/A for discussion - Finance-dbw
REVIEWED AND APPROVED BY:
Cover Memo
Item # 19
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 19
Commission Meeting Agenda
3/18/2014 2:00 PM
Security Plan for city records
Department:
Caption:Discuss city's procedures regarding security of electronic and
other city records. (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 # 20
Commission Meeting Agenda
3/18/2014 2:00 PM
2014 - Sale of 911 Consoles
Department:Finance Department - Fleet Management
Caption:Motion to approve using Motorola to find a buyer for the
Motorola Gold Elite Consoles that have been replaced at the 911
Center. (Approved by Finance Committee March 10, 2014)
Background: The consoles have been replaced in the 911 Center leaving the
old consoles as excess/surplus. Motorola has indicated that they
would find a buyer for the surplus units for 10% of the sale. These
units are designed for a specific purpose and it is very unlikely
that using GovDeals to sell these items would result in any
reasonable sale value.
Analysis:Using GovDeals would result in paying GovDeals 7.5% of the bid
price with an expectation that the bid price would yield a
minimum price. Motorola would be better suited to obtain a better
sale price than GovDeals and will charge 10% of the sale value.
Financial Impact:All proceeds go into the 911 Fund “Sale of Surplus Property”
account: 216-00-0000/3923110.
Alternatives:(1) approve Motorola finding a buyer and authorize the 10%
sellers fee; (2) sell the items on GovDeals.
Recommendation:Approve Motorola finding a buyer for the Gold Elite Consoles and
authorize the seller's fee.
Funds are Available
in the Following
Accounts:
Not Applicable
REVIEWED AND APPROVED BY:
Finance.
Cover Memo
Item # 21
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 21
Commission Meeting Agenda
3/18/2014 2:00 PM
Approve the Hosting and Support Agreement between the Richmond County Board of Elections and
SOE Corporatoin
Department:Board of Elections
Caption:Motion to approve the hosting and support agreement between
the Richmond County Board of Elections and the SOE
Corporation to provide online poll worker training to supplement
existing training.(Approved by Finance Committee March 10,
2014)
Background:The software suite provides poll worker training that will
supplement existing training provided for by the Richmond
County Board of Elections. All poll workers are required to come
to in person training prior to each election. The software suite
contains in depth sensitivity and accessiblity training and is
therefore eligible for partial funding from the Georgia Secreatary
of State's Office through a federal grant program.
Analysis:Access to this type application by poll workers would give them
the added benefit of being able to review training at their leisure.
The application also includes assesment modules and management
tools that will assist the Board of Elections Office in ensuring that
our workers are adequately trained and have an understanding of
the various laws pertaining to voting, elections, and disability
access.
Financial Impact:The Board of Elections Office has applied for and has been
awarded a grant in the amount of $12,000 to be applied toward the
purchase of the software. The purchase requires matching funds in
the amount of $26,000 from the City of Augusta. In addition, an
annual assurity Plan of $5,700 will be required beginning one year
from the date of purchase.
Alternatives:Do no purchase the software to enhance poll worker training.
Recommendation:Approve the contract and purchase the software.
Cover Memo
Item # 22
Funds are Available
in the Following
Accounts:
272-01-4111-54.24910
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 22
SOE SOFTWARE CORPORATION Page 1 of 15 2/17/20142/10/20142/7/2014
CLARITY ELECTION SUITE HOSTING AND SUPPORT AGREEMENT
This Clarity Election Suite Hosting Agreement (“Agreement”) is made and entered by and between the
Richmond County Georgia Board of Elections with offices located at 530 Greene St. Suite 500A Augusta,
GA 30901 (hereinafter “Customer”) and SOE Corporation, a Florida corporation, having its principal place of
business located at 5426 Bay Center Drive, Ste. 525, Tampa, Florida, 33609 (hereinafter "Licensor ").
WHEREAS, Licensor grants Customer a nonexclusive license to use of the Online Training Program known as
Clarity Online Training Program (OTP) (hereinafter the “Software”) and the associated documentation.
WHEREAS, Customer’s use of the Software will be restricted to our hosted computer environment.
WHEREAS, Licensor will provide and maintain the hosted computer environment for Customer’s use of the
Software (the “Service”).
WHEREAS, in addition to the maintenance and support services that are included in certain fees paid by
Customer to Licensor, Customer may opt to acquire additional maintenance services for the Software and
documentation in accordance with the terms and on the conditions set forth in this Agreement.
WHEREAS, Customer desires to receive a license for the Software and engage Licensor to provide the Service.
NOW, THEREFORE, in consideration of the covenants, representations and warranties set forth herein and other
good and valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge, the parties,
by their authorized signatures below, hereby agree as follows:
1. Definitions
1.1. The term “Agreement” shall mean this Agreement and all Exhibits, Schedules and Attachments
attached hereto now or in the future.
1.2. The term “Customer Data” shall mean the content and characteristics within the service that are
modified through the use of the Service features by the authorized Account users of the Service.
1.3. The term “Documentation” shall mean all documentation and/or other materials (including manuals,
instructions, training materials, specifications, flow charts, logic diagrams, and other support
materials) relating to the use, operation and functionality of the Service.
1.4. The term “Effective Date” shall be shown at the end of this Agreement and is the date when the
parties intend the Service to commence.
1.5. The term “Service” shall have the meaning set forth in the Recitals above, and further described in
Section 2. When the term “Service” is used alone herein, it shall also be deemed to include the term
“Hosting Services” as that term is further described in Section 2.
1.6. The term “Service Level Agreement” shall mean Exhibit D, which sets forth the service levels at which
identified portions of the Service are to be provided by Licensor and sets forth certain remedies for
Customer in the event that Licensor does not attain such service levels.
1.7. The term “Term” shall mean the period of time this Agreement is in effect (absent any earlier
termination as provided herein) and is a period of (3) years commencing on the Effective Date,
subject to extension as provided herein.
Attachment number 1 \nPage 1 of 15
Item # 22
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2. Services
2.1. Services Scope - Licensor agrees to provide to Customer services for hosting the Software and for
hosting other software required for the operation of the Software (the “Clarity Election Suite
software,”). Licensor will permit Customer to, on a 24 x 7 basis, remotely access and use the
Software referred to as the “Hosting Services”. Licensor’s performance of the Service shall be
pursuant to the terms and conditions set forth herein and also must conform to Customer’s standard
technical support requirements set forth in Sec. 2.2 hereto. Customer will be given an account
allowing it to access the Licensor site. Licensor shall serve as the single point of contact for all
Service and Hosting Services issues and shall be solely responsible for coordinating and ensuring the
resolution of any problems involving the Service and Hosting Services in a prompt and timely fashion.
2.2. Technical Support - As part of the Hosting Services, Licensor will provide the support set forth in
Exhibit B, the Hosting Environment Agreement, attached to and incorporated in this Agreement by
reference, and understands and agrees that Customer will be entitled to the remedies stated therein.
3. Grant of License
3.1 Licensor grants Customer and its operating divisions a non-exclusive, perpetual license to use the
Hosted Software in machine readable form as long as Customer maintains its status in good standing
as a Customer of Licensor’s Annual Software Assurance and Support Agreement and has purchased
all requisite licensing fees. Licensor also grants Customer a non-exclusive perpetual license to use
the Documentation.
3.2 Software upgrades are full version releases (e.g. version 4.x to version 5.0) and are included as part
of the Annual Software Assurance and Support Agreement provided by Licensor to Customer.
3.3 Software updates (e.g. version 4.1 to version 4.2), including bug fix builds, are included as part of the
Service provided by Licensor to Customer provided that Customer is current on all monies due to
Licensor.
4. Obligations
4.1. Implementation - As a condition to Licensor’s obligation to provide the Hosting Services, both parties
shall be responsible for fulfillment of all of their obligations under the Agreement and completion of the
project implementation plan. The project implementation plan will be jointly developed by Licensor
and Customer subsequent to execution of this Agreement by both parties and payment of fee(s) as
outlined in Exhibit A.
4.2. Technical Environment - Licensor will provide the services and other products, as set forth on
Exhibit B, (or similar services and products that provide a similar level of service), and will also
provide any and all equipment, to provide the Hosting Services (the “Hosting Environment”) pursuant
to Exhibit B. Licensor shall be responsible for the costs associated with obtaining and maintaining the
Hosting Environment, unless otherwise indicated on Exhibit A. Licensor also shall pay the costs of the
services or other products necessary to permit Customer to transmit data to and receive data from the
Hosting Environment; however Customer is responsible for the costs of its own communication lines.
Licensor shall maintain and insure the server and shall indemnify Customer for any damage, loss or
injury to the equipment (other than normal wear and tear).
4.3. Data Transmission - Should Customer require a special data transmission format to the Software,
such as SSL, the format and any additional costs and implementation timeline effects will be agreed
upon, in writing, between Licensor and Customer.
4.4. Coordination - Each party shall designate a contact to coordinate day-to-day communication with the
other party.
Attachment number 1 \nPage 2 of 15
Item # 22
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5. Term, Termination, and Transition Assistance
5.1. The initial term of this Agreement will be for (3) years on the Effective Date (the “Initial Term”).
5.2. Renewal Term - Customer may exercise its option to renew this Agreement, for an additional twelve
(12) month term beyond the Initial Term (the “Renewal Term”), at any time prior to the end of the Initial
Term by giving notice thereof in writing to the Licensor. In the absence of notification, the Customer
will be deemed not to have agreed to the renewal of this Agreement.
5.3. Termination for Material Breach - A party may terminate this Agreement if the other party commits a
material breach or default (including nonpayment of fees) and fails to remedy such breach or default
within thirty (30) days after receiving written notice of the same from the other party. In the event of
termination due to a breach or default by Customer, no refunds or credits will be due to Customer. In
the event of termination due to a breach or default by Licensor, Customer will receive a refund of the
fees for the remaining Annual Assurance Plan Payment.
5.4. Effect of Termination or Expiration - Upon the termination or expiration of this Agreement, all payment
obligations of one party to the other under this Agreement incurred through the date of termination or
expiration will immediately become due. Upon notification by Customer, and at Customer’s sole
discretion, Licensor shall either return all Customer’s Data within thirty (30) days of the date of
termination or expiration, or shall commence implementation of the Transition Plan.
5.5. Termination of Agreement Upon Bankruptcy - Either party may terminate this Agreement upon written
notice to the other party if the other party becomes insolvent, makes a general assignment for the
benefit of creditors, files a voluntary petition of bankruptcy, suffers or permits the appointment of a
receiver for its business or assets, or becomes subject to any proceeding under any bankruptcy or
insolvency law, whether domestic or foreign, or has wound up or liquidated, voluntarily or otherwise.
5.6. Termination of Agreement Upon Service Level Failures - Customer may terminate this Agreement
upon thirty (30) days’ written notice to Licensor upon the failure of Licensor to provide technical and
customer support constituting a material breach of this Agreement in accordance with the service
levels outlined in the Service Level Agreement (Exhibit “D”). In the event of termination of this
Agreement due to a material breach of this Agreement pursuant to this Section 5.3, Customer will
receive a refund of the fees for the remaining Annual Assurance Plan Payment.
5.7. Termination for Convenience – Customer may terminate the ongoing annual assurance payment for
convenience upon thirty (30) days written notice of the renewal date. If the customer decides to
terminate for convenience they must submit a written notice (30) days prior to the next annual renewal
payment date which is determined by the execution date of this agreement. If customer terminates
within the time frame of this clause all services will be discontinued and no further payments will be
issued.
5.8. Transition Services - The parties acknowledge that, prior to the termination or expiration of this
Agreement, Customer may engage a successor vendor to perform such services or bring such
services in-house. From the time that Customer notifies Licensor to whom Customer plans to migrate
the services, Licensor agrees to cooperate with Customer (and, if applicable, the successor vendor) to
effect an orderly and efficient transition. Within sixty (60) calendar days after termination or expiration
of this Agreement by either party, Customer shall pay Licensor all undisputed amounts due and owing
as of the termination of the Agreement, and, except to the extent reasonably necessary for the
transition services described in this Section 5.7, shall immediately cease any and all use of the Service
and materials or services provided by Licensor pursuant to this Agreement. At such time as Customer
reasonably determines necessary to effect the transition, Licensor shall provide in electronic format a
copy of all Customer, data without limitation, residing on Licensor's systems that is necessary for an
effective transition. Cooperation by Licensor may include, without limitation, continuing to host
Customer images, making qualified service personnel available for questions and consultations,
transferring contact numbers or URL addresses, and providing any required technical assistance and
cooperation to Customer as Customer may from time to time reasonably request. Such transition
period will not extend past six (6) months from the termination or expiration of this Agreement, unless
otherwise negotiated. Customer and Licensor agree to act in good faith in complying with these
Attachment number 1 \nPage 3 of 15
Item # 22
SOE SOFTWARE CORPORATION Page 4 of 15
2/17/20142/10/20142/7/2014
obligations. Customer will pay the reasonable expenses of Licensor in providing services during the
transition period. Licensor shall bill Customer for transition expenses on a monthly basis, and shall
submit complete, fully documented and accurate itemized monthly invoices, which shall include dates
of service, a brief description of the services provided, and respective time (in hours) charged per date
for services. Within thirty (30) days after the transition period ends, upon written request, each party
shall deliver to the other party all copies of the Confidential Information of the other party in every form
that such party continues to hold. Upon a party’s written request, the other party shall certify, in writing,
to the requesting party that the other party has performed the foregoing delivery or destruction.
6. Fees Price - Payment
6.1. Fees - Customer shall pay the fees as set forth in Exhibit A within thirty (30) days of the execution of
this agreement.
6.2. Service Fees - Customer shall pay to Licensor the fees set forth in Exhibit A, to the extent applicable.
All fees shall remain the same during the original Term and the initial 12-month extension, if Customer
opts for such extension. If Customer and Licensor agree in writing to further extend the Term, such
writing shall set forth the fees that shall be applicable during the extension of the Term.
6.3. Payment Terms - Licensor shall submit invoices to Customer on an annual basis. Payment on
undisputed amounts shall be due within thirty (30) days after Customer’s receipt of Licensor's invoice.
Customer shall pay interest at a rate of 1.5% per month on any overdue invoices. Customer shall
have no obligation to pay amounts not invoiced within ninety (90) days of the final date the services
being invoiced were delivered, unless the vendor had notified customer in writing within such ninety
(90) day period, that the invoices will be delayed and has indicated in writing when the invoice will be
delivered to customer.
6.4. Taxes - Customer shall pay or reimburse Licensor for sales and use taxes if applicable and any other
governmental charges levied, imposed or assessed on the Services, excluding, however, ordinary
personal property taxes assessed against or payable by Licensor, taxes based upon Licensor's net
income.
6.5. Funding - The parties expressly agree that this Contract shall have the opportunity to terminate if for
any reason the County, State and/or Federal ability to satisfy the funding of this Contract is withdrawn,
limited, or impaired. This Contract may also be renegotiated in the event of a reduction in the
anticipated County, State, or Federal funding revenue required to satisfy this Contract. If funding is
not available once implementation has commenced the hourly and implementation cost will be due
within 30 days of termination of the Contract.
7. Licensor Representations and Warranties.
In addition to the representations and warranties in the Agreement:
7.1. General Licensor Warranties - Licensor warrants that (a) the Service provided hereunder and the
underlying technology used by Licensor in performing the Service is owned free and clear of any
encumbrances or is in the public domain; (b) Licensor has full power and authority to enter into this
Agreement and to carry out its obligations under this Agreement; (c) there are no outstanding
assignments, grants, licenses, encumbrances, obligations or agreements (whether written, oral or
implied) that are inconsistent with this Agreement; (d) Licensor’s compliance with the terms and
conditions of this Agreement shall not violate any federal, state or local laws, regulations or
ordinances nor shall it violate any third party agreements; (e) there is no claim, litigation or proceeding
pending or threatened against Licensor with respect to the Service or its underlying technology or any
component thereof alleging infringement or misappropriation of any patent, trademark, copyright or
any trade secret or other proprietary right of any person; and (f) the Service does not infringe or
misappropriate in any respect upon any patent, trademark, copyright or any trade secret or other
proprietary right of any person or entity.
Attachment number 1 \nPage 4 of 15
Item # 22
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7.2. Authority and Performance - Licensor represents and warrants that it has the legal right and authority
to enter into this Agreement and perform its obligations hereunder, and the performance of its
obligations hereunder will not cause a breach of any agreements between Licensor and any third
parties, including all vendors critical to its performance obligations hereunder.
7.3. Service Level Commitment - Licensor warrants that it will perform its services in accordance with
Licensor’s service level commitment as set forth in Exhibit D. Customer’s sole and exclusive remedy
for Licensor’s failure to meet the service level commitment is the remedy set forth in Exhibit D.
7.4. NO OTHER WARRANTY - EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT THE
HOSTING SERVICES ARE PROVIDED AS IS AND LICENSOR DISCLAIMS ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES
OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY
THAT THE HOSTING SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
7.5. LICENSOR AND ITS THIRD PARTY VENDORS SHALL NOT BE RESPONSIBLE FOR SPECIAL,
INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES (INCLUDING
WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE DAMAGES)
WHICH CUSTOMER MAY INCUR OR EXPERIENCE ARISING FROM THE SOFTWARE OR ON
ACCOUNT OF ENTERING INTO OR RELYING ON THIS AGREEMENT, EVEN IF LICENSOR HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Customer Representations and Warranties.
In addition to the representations and warranties in the Agreement:
8.1. Authority and Performance. Customer represents and warrants that it has the legal right and authority
to enter into this Agreement and perform its obligations hereunder, and the performance of its
obligations hereunder will not cause a breach of any agreements between Customer and any third
parties.
9. Intellectual Property
9.1. Customer Data - Customer will own all Customer Data. Licensor will not sell, license or in any way
distribute the Customer Data to any person or entity, and shall not permit the Customer Data to be
used in any way (including any aggregation or summarized results of Customer Data) by any person
or entity other than Customer without Customer’s express written permission.
9.2. Aggregated Data - Notwithstanding the preceding section 9.1, Licensor may include in its
benchmark/comparison studies performance data about the Services provided hereunder such as
total number of users, overall customer count, average amount of disk usage, etc., so long as such
performance data is aggregated with the performance data of Licensor’s other customers so that
Customer’s information cannot be separately identified.
9.3. Licensor Technology - The Service and any technology, computer programs or computer codes
developed, created or produced by or on behalf of Licensor existing as of the Effective Date of this
Agreement, and any Licensor documentation relating thereto, are, as between Licensor and
Customer, the sole property of Licensor. To the extent that, during the term of this Agreement,
Customer pays in whole or in part for, or provides development personnel to work on, technical or
functional developments related to the Service, Licensor agrees to incorporate such developments
into the Service provided for Customer. Licensor shall have full right, title and interest in the
developments and may incorporate the developments into the services made available to Licensor’s
other customers.
9.4. No Rights in Other Party’s Intellectual Property - Neither party will have any rights in or with respect
to the other party’s property described in the preceding Section 9.1 and 9.2, except as expressly set
forth in this Agreement and the exhibits hereto.
Attachment number 1 \nPage 5 of 15
Item # 22
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10. Indemnification
10.1. Licensor shall indemnify, defend, and hold harmless Customer, its respective employees, directors,
shareholders and agents, from and against any expense, cost, damage, loss, fine, penalty, liability or
judgment (including attorneys’ fees and costs) suffered or incurred by Customer as a result of a third
party claim, demand, action, arbitration, suit or similar proceeding (hereafter “Claim”) related to
Licensor’s actual or alleged infringement of a patent, copyright, trade secret or other proprietary right
of any such third party. Licensor’s indemnification obligation is subject to: (i) Customer providing
Licensor with prompt written notice of any Claim, (ii) Licensor having sole control of the defense and
all negotiations for settlement or compromise thereof (provided, however, that any settlement or
compromise that imposes any current or future obligation on Customer or directly or indirectly,
explicitly or implicitly, acknowledges guilt or responsibility of Customer shall require the advance
review and approval of Customer, which approval may be withheld in Customer’s sole discretion) and
(iii) Customer reasonably cooperating, at Licensor’s expense, in the defense of such Claim. Failure to
provide prompt written notice shall not abrogate or diminish Licensor's obligations under this Section if
Licensor has or receives knowledge of the existence of such Claim by any other means or if such
failure does not materially prejudice Licensor's ability to defend the same. Licensor agrees to pay all
settlements entered into by Licensor, judgments finally awarded against Customer, and all attorneys’
fees and expenses for counsel hired by Licensor. Customer may elect to participate in any such
action with counsel of its own choice and at its own expense. In the event Customer is precluded by a
court of competent jurisdiction from using the Service as a result of Licensor’s infringement of any
such patent, copyright, trade secret or other proprietary right of such third party, Licensor shall do one
of the following (the election of which option to pursue being in Licensor’s reasonable discretion):
a. obtain the right for Customer to use the Service; or
b. replace or modify the Service so that it no longer infringes but maintains substantially the same
functionality and performance; or
c. if neither of the foregoing is, in Licensor’s reasonable opinion, commercially reasonable:
terminate this Agreement with respect to the Service and promptly reimburse to Customer all
amounts of unused prepaid fees paid by Customer and provide to Customer transition services
as described in Section 5.8.
11. Limitation of Liability
11.1. LICENSOR’S AND ITS THIRD PARTY VENDORS' AGGREGATE LIABILITY FOR ANY LOSS OR
DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR
RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE LICENSE FEE PAID BY
CUSTOMER TO LICENSOR FOR USE OF THE SERVICE.
12. Insurance
12.1. Throughout the entire Term of this agreement, Licensor shall keep in full force and effect, policies of
insurance meeting or exceeding the following specifications:
a) Commercial General Liability insurance, with coverage including premises/operations,
contractual (including without limitation coverage for all indemnities herein), personal and
advertising injury, and products/completed operations, with aggregate coverage limits of not
less than one million dollars ($1,000,000).
b) Workers’ Compensation insurance, as required by law, and Employer’s Liability insurance with
limits of liability of not less than one hundred thousand dollars ($100,000) per accident or
disease and five hundred thousand dollars ($500,000) aggregate by disease.
Such insurance shall be purchased from companies having a rating of A-VII or better in the current
Best’s Insurance Reports published by A. M. Best Company. Policies of insurance shall provide that
they will not be canceled or materially changed without at least thirty (30) days’ prior written notice to
Customer. Licensor shall, at Customer’s request, provide a Certificate of Insurance.
Attachment number 1 \nPage 6 of 15
Item # 22
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13 Dispute Resolution
13.1 Procedures - For any dispute arising under the Agreement that is not resolved informally, either party
may give to the other party notice of the dispute, including reasonable detail concerning the alleged
deficiency in performance of the other party. The parties shall then meet by mutually acceptable
means and attempt in good faith to reach an agreement resolving the dispute. If they do not reach
such an agreement within seven (7) days after such notice is given, then each of them shall produce
a detailed report about the dispute for his or her appropriate management level (Second Level in the
chart below), who shall meet by mutually acceptable means and attempt in good faith to reach an
agreement. If they do not reach such an agreement within the period specified below, then each party
shall refer the dispute to higher levels of management as shown below. In each case, the parties’
specified representatives shall meet by mutually acceptable means, shall attempt in good faith to
reach an agreement and, if they do not do so within the period specified, shall refer the dispute to the
next level at the end of such period.
Management
Level
Customer
Management Level
Licensor Management
Level
Period of
Resolution
Efforts
First Level Project Mgr. or
equivalent Vice President, Sales 7 days
Second Level Group Manager or
equivalent Vice President, COO 7 days
Third Level Senior Level or
equivalent Chief Executive Officer 7 days
13.2. Mediation - If a dispute between the parties arising out of or relating to the Agreement remains
unresolved after the procedures in Section 13.1 have been completed or waived by both parties, then
the parties agree to try in good faith to settle the dispute by mediation administered by the American
Arbitration Association under the Commercial Mediation Rules, as modified by this Section 13.2. The
mediation shall take place in Richmond County, Georgia. If the two parties cannot otherwise agree
on the mediator, the mediator shall be selected according to the following process: (i) the parties shall
request the American Arbitration Association to provide to both parties, within 15 days of receipt of the
notice of mediation, a list of mediators that comply with the requirements set forth in this Section 13.2;
(ii) within 5 days of receipt of the list of mediators from the American Arbitration Association, each
party shall notify the other party of its selection of one person from the list; (iii) immediately following
the parties’ selection of the two persons, the parties shall send a notice to the two persons informing
them that they have been selected, that their role will be to select another person from the list who will
serve as the mediator of the dispute, and that they must inform both parties of their selection within 7
days; and (iv) if the two persons so selected fail to select an mediator within the stated 7-day period,
the parties shall provide notice to the American Arbitration Association and direct the American
Arbitration Association to select a mediator from the list within 7 days. Subject to the rules of the
American Arbitration Association, the parties shall request that the mediation occur within a period of
20 days after the mediator is selected, and each party shall act in good faith to facilitate completion of
the mediation within such period. The parties agree that a potential mediator’s experience in the
information-technology industry and experience in arbitrating disputes between service/equipment
Licensors and purchasers of services and equipment shall be relevant factors in selecting the
mediator.
13.3. No Effect on Injunctive Relief - A party must follow and participate in the processes outlined in Section
13.1 and 13.2 above before pursuing litigation or any other remedy.
Attachment number 1 \nPage 7 of 15
Item # 22
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13.4. Performance Pending Outcome of Disputes - In the event of a dispute between the parties pursuant
to which Customer in good faith believes it is entitled to withhold payment, Customer shall be entitled
to withhold payment of the disputed amount during the pendency of the dispute-resolution process
described in this Section 13 and any subsequent litigation or other proceeding and Licensor shall
continue to provide the Service at the same level and quality required by this Agreement, so long as
Customer continues to pay undisputed amounts to Licensor.
14. Other Provisions
14.1 Notice - All notices, consents and other communications under or regarding this Agreement shall be
in writing and shall be deemed to have been received on the earlier of the date of actual receipt, the
third business day after being mailed by first class, certified mail return receipt requested, or the first
business day after being sent by a reputable overnight delivery service. Customer’s address for
notices is Richmond County Board of Elections located at 530 Greene St. Suite 500A Augusta,
GA 30901. Licensor’s address for notices is the address shown at the beginning of this Agreement.
Either party may change its address for notices by giving written notice of the new address to the
other party in accordance with this Section 14.1.
14.2 Benefit of Successors and Assignees - This Agreement and all of the terms and conditions hereof
shall be binding upon and inure to the benefit of Licensor and Customer and their respective
successors, transferees, or assignees. Any terms of this Agreement containing a reference to
Customer, Licensor, or a party hereto shall apply with equal effect to any such successor, assignee,
or transferee of the party in question.
14.3 Assignment - Customer may not assign this Agreement or convey any rights or obligations under this
Agreement to a third party. Licensor may not assign this Agreement or convey any rights or
obligations under this Agreement to a third party; provided however, Licensor may assign this
Agreement to a purchaser of all or substantially all of its assets, a subsidiary or business unit, or a
successor by merger or operation of law so long as such purchaser, subsidiary, business unit or
successor agrees to be bound by the terms of this Agreement.
14.4 Relationship - The relationship between the parties created by this Agreement is that of independent
contractors and not partners, joint ventures or agents. Nothing in this Agreement makes Licensor a
sole supplier to Customer, grants any exclusive rights to Licensor, or prohibits Customer from
obtaining similar or related services from other parties.
14.5 Severability - A determination that any provision of this Agreement is invalid or unenforceable shall
not affect the other provisions of this Agreement.
14.6 Headings Gender, Number and Language of Inclusion - Section headings are for convenience of
reference only and shall not affect the interpretation of this Agreement. Unless the context clearly
requires otherwise, the singular includes the plural and vice versa, and the masculine, feminine and
neuter adjectives include one another. As used in this Agreement, the word “including” shall mean
“including, but not limited to”.
14.7 Governing Law & Venue - This Agreement shall be governed by and construed under the laws of the
State of Georgia without regard to the conflicts of law provisions thereof. Venue is specifically set by
agreement of the parties in Richmond County, Georgia.
14.8 Publicity - Licensor may not use Customer’s trade names, trademarks, logos, service marks, or other
proprietary marks in any manner, including but not limited to advertising, publicity, user lists, or guest
lists or websites, unless Licensor has received prior consent from an authorized representative of
Customer to do so, which consent may not be unreasonably withheld by Customer.
14.9 Data Privacy - Licensor may use Customer’s contact information, including names, phone numbers,
and e-mail addresses only in connection with the performance of its obligations hereunder.
Attachment number 1 \nPage 8 of 15
Item # 22
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14.10 Remedies - The rights and remedies of Customer set forth in this Agreement are not exclusive and
are in addition to any other rights and remedies available to it in law or equity. Notwithstanding
anything to the contrary in this Agreement, in the event of an alleged breach of this Agreement by
Customer, Licensor shall not use any type of electronic means to prevent or interfere with Customer’s
use of the Software without first obtaining a valid court order authorizing the use of such electronic
means.
14.11 Entire Understanding - This Agreement and its Schedules and amendments constitute the entire
agreement between the parties for the Software licensed hereunder, and will become binding when
signed by both parties. There are no understandings, agreements or representations not specified
herein with respect to Software licensed hereunder. This Agreement may not be modified, except by
a written amendment signed by duly authorized representatives of both parties.
14.12 Force Majeure - Any delay or failure of performance of either party to this Agreement shall not constitute
a breach of the Agreement or give rise to any claims for damages, if and to the extent that such delay or
failure is caused by an occurrence beyond the reasonable control of the party affected, including acts of
governmental authorities, acts of God, material shortages, wars, riots, rebellions, sabotage, fire,
explosions, accidents, floods, or strikes or lockouts of third parties. In the event one of the parties intends
to invoke this provision, that party shall (i) promptly notify the other party of the cause beyond its
reasonable control, the expected duration thereof, and the anticipated effect of such cause on its ability to
perform its obligations under this Agreement, and (ii) shall make reasonable efforts to mitigate any such
effects.
14.13 Costs of Litigation - If a dispute should arise relating to the rights and obligations of the parties under this
Agreement, and should that dispute result in litigation, the prevailing party shall be entitled to recover all
reasonable costs incurred in the defense or prosecution of the claim, including, without limitation, court
costs and reasonable attorneys’ fees.
14.14 No Waiver - Except as expressly set forth in this Agreement, the failure of either party at any time to
require performance of any provision of this Agreement or to exercise any right provided for herein shall
not be deemed a waiver of such provision or right unless made in writing and executed by the party
waiving such performance or right. No waiver by either party of any breach of any provision of this
Agreement or of any right provided for herein shall be construed as a waiver of any continuing or
succeeding breach of such provision or right or a waiver of the provision or right itself.
14.15 Survival - All representations, warranties, indemnities and obligations of confidentiality expressly set forth
herein shall survive the termination of this Agreement.
14.16 Confidentiality - SOE shall not disclose privileged or confidential communications or information
acquired in the course of the performance of services under this Agreement, unless authorized in
writing by Customer or as may be required by law. This provision does not apply to information that
1) has otherwise become publicly available (including, without limitation, any information filed with any
governmental agency and available to the public) other than as a result of disclosure in breach
hereof, 2) becomes available to the receiving party on a non-confidential basis from a source other
than the disclosing party that the receiving party believes is not prohibited from disclosing such
information to the receiving party by obligation to the disclosing party, 3) is known by the receiving
party prior to its receipt from the disclosing party without any obligation of confidentiality with respect
hereto, or 4) is developed by the receiving party independently of any disclosures made by the
disclosing party to the receiving party of such information.
Attachment number 1 \nPage 9 of 15
Item # 22
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15. Effective Date
The Effective Date, when the parties intend for the Service to commence, is the date signed by
Customer below.
16. Schedules
The following Exhibits are attached hereto and deemed part of this Agreement:
Exhibit A Fees
Exhibit B Hosted Environment – Annual Software Assurance and Support
Exhibit C Technical Support Attachment
Exhibit D Service Level Agreement
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in duplicate originals by
authorized personnel who, on the date of such signing, have the necessary and appropriate corporate authority to
bind his or her respective organization hereunder.
Licensor: Customer:
By: By:
Name: Branden Elwell Name:
Title: GM North America Title:
Date: Date:
Attachment number 1 \nPage 10 of 15
Item # 22
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EXHIBIT A
FEES
PRICING OVERVIEW
The following outlines our pricing model for SOE Software’s Online Training Program (Clarity OTP) suite.
Assurance Plan – This plan is included in the pricing listed below. The assurance plan provides Richmond
County with application hosting, customer support, maintenance, upgrades and the evolution of the products at no
additional charge. The SOE team completes all of the upgrades for you eliminating an Information Technology
burden on the county. Richmond County is entitled to up to 20 hours per year of new content production at
no additional charge based upon changing needs or requirements of CUSTOMER. Any content in excess
of 20 hours will be charged at the then current hourly rate LICENSOR is charging its other CUSTOMERS.
PRICING FOR RICHMOND COUNTY
The scenario below requires an implementation & license cost based on the selected products. These fees
include the comprehensive project management process of implementation, installation, licensing and training.
Payment Terms
**Total Upfront Cost is due within thirty (30) days of the execution of this agreement
Extra Hardware
Richmond County will need no additional hardware or server space as the Clarity Solutions are delivered as a
hosted and robust tool set. Services will be maintained, implemented and hosted by SOE Software.
CLARITY ONLINE TRAINING PROGRAM
Clarity OTP License Fee
Clarity OTP Implementation Fee
Total Upfront Cost**
$ 22,730.40
$ 15,153.60
$ 37,884
Ongoing Assurance Plan (Per Year) - $5,700
*Annual Assurance Due One Year from the execution of this agreement
Attachment number 1 \nPage 11 of 15
Item # 22
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EXHIBIT B
HOSTED ENVIRONMENT
ANNUAL SOFTWARE ASSURANCE AND SUPPORT
1. Software Assurance Services - Operations
The software assurance services (the "Assurance") provided by Licensor to the Customer hereunder are in
consideration of the annual charge described in Exhibit A, unless otherwise specified herein. The Assurance
shall consist of:
1.1 All day to day operations of hosted products will be managed by Licensor staff or its agents, including
required operating system and system utility administrative tasks and system backup and recovery.
This includes management of system logs, coordination and installation of operating system patches
and upgrades and system tuning.
1.2 Licensor will act as the database administrator for the application. Licensor will perform data back-up
and recovery activities, manage and control database access, monitor and tune database
performance and implement any required database patches and/or upgrades. Daily incremental
backups will be performed Monday through Friday, after standard business hours. Full database
back-ups will be performed weekly, after standard business hours. Database patches and/or
upgrades are implemented as required, after standard business hours.
1.3 All maintenance will be performed done by Licensor staff or their agents.
1.4 Use of Licensor’s reasonable commercial efforts to correct errors in the licensed Software. Errors are
defined as the failure of the Software to operate in substantial conformity to the applicable
documentation provided by Licensor to Customer for such Software.
1.5 Licensor will manage and maintain other items necessary to Hosting Services, including Software,
internal network, firewall, routers, servers and data transmission equipment (including Licensors
virtual private network (VPN)).
2. Support
2.1 Operations and Technical Support will be available Monday – Friday, 8:30 AM – 8 PM, Eastern Time
(“Business Hours”).
2.2 Access to after-hour support (8:00 PM to 8:30 AM PT Monday – Friday, plus Saturday – Sunday), will
be available through our after-hours support team.
2.3 Response by Operations / Technical Support personnel will be within 4 hours, during Business
Hours.
2.4 Operation / Technical Support will cover data transfer and database / application availability issues.
2.5 Operation and Technical Support will not cover end-use or analytical issues or questions.
3. Bandwidth
3.1 Licensor will provide equipment and related software to send and receive data at approximately a
100 Mbps (Megabits) per second rate. However, Licensor cannot guarantee Internet latency and
over-all Internet performance.
Attachment number 1 \nPage 12 of 15
Item # 22
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4. Redundancy
4.1 Primary Production Facility – Licensor will provide and maintain a fault-tolerant state-of-the-art
hosting facility, including redundant power and communications.
4.2 Licensor will also provide an out-of-state failover hosting facility, in case of massive failure of all
redundant systems, with similar capabilities as the main data center.
5. Security
5.1 Licensor will perform user ID and password management and dissemination. Access to Hosting
Systems, Software and Ancillary Software will be coordinated with the Customer.
5.2 Licensor and Customer may agree to set-up and use a mutually agreed upon data encryption
mechanism to transfer data between the Licensor’s and Customer’s sites within thirty (30) days from
the execution of this Schedule.
6. Additional Services
Customer may request Licensor to perform services of a different nature than, or beyond the scope of, those
described above, and Licensor may provide such services ("Additional Services") upon the execution of a
written amendment to the Agreement, and shall be compensated therefor by Customer at rates for such
services as are customarily charged by Licensor. Examples of such Additional Services are:
6.1 Retrieval of data lost by hardware malfunction or operator error.
6.2 Operational support beyond the allocated four hours per incident.
6.3 Designing, programming, or testing of “customer specific” customization or requested enhancements.
6.4 Changes required to Customer’s unique modifications to interface with updates to the standard
version of the Software.
6.5 Additional training and instruction (other than what is provided with normal implementation).
Attachment number 1 \nPage 13 of 15
Item # 22
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EXHIBIT C
TECHNICAL SUPPORT ATTACHMENT
TECHNICAL SUPPORT RESPONSE AND RESOLUTION LEVELS SHALL BE AS FOLLOWS:
Severity
Classification Description Response Time* Resolution Time
Standard**
1 - Critical Business critical function is down
Major impact to Customer’s business
No workarounds exist
As soon as possible,
using reasonable
commercial efforts,
but no more than 20
minutes.
24 hours^
2 - Major Business critical function is impaired or
degraded
There are time-sensitive issues that impact
ongoing production
Workaround exists, but it is only temporary
4 hours 2 days^
3 - Minor Non-critical function down or impaired
Does not have significant current
production impact
Performance is degraded
1 business day 4 weeks^
4 - Low Non-critical, function down or impaired
No business impact
Generic Service Enhancements
1 business day Mutually agreed
timeframe based
on prioritization.
* Response Time is the elapsed time between Customer’s first report of a problem and when the Vendor assigns a ticket number for the
problem.
** Resolution Time is the elapsed time between Customer’s first report of the problem and the problem in the Software has been resolved.
^ Level 1 – 3 issues may require resolution times that exceed these Response Time Standards. If fixes to level 1 – 3 issues are not
resolvable within the timeframes listed above, Licensor will immediately notify Customer of the anticipated time to resolve the issue.
In the event that the issue is classified as a level 1 or level 2, Licensor will immediately assign a senior Product Developer to work exclusively on the issue. Additionally, the COO will be notified and the issue resolution will be given top priority. If the fix will require more
than one business week to implement, Licensor and Customer will mutually agree on a resolution timetable and Licensor will provide
updates at agreed upon intervals via email and/or telephone calls. Interim workarounds, if any, will also be communicated during the
initial meeting and any subsequent communications should a workaround become available after the initial meeting.
Failure to meet the mutually agreed upon maintenance response timetable in the preceding paragraphs using reasonable commercial
efforts will result, at the Customer’s option, in triggering the Dispute Resolution provisions outlined in section 13.
Attachment number 1 \nPage 14 of 15
Item # 22
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EXHIBIT D
SERVICE LEVEL AGREEMENT
1. Licensor may schedule no more than 5 hours per week for routine maintenance, back-ups and data loads.
Licensor may or may not choose to use this time for maintenance, back-ups and data loads, but downtime in
this period will not count against Licensor’s service availability commitment. For major new releases Licensor
may from time to time require longer planned maintenance window. In the case of longer planned
maintenance due to major releases, Customer shall be notified twenty-four (24) hours in advance of any
scheduled down-time. Release builds and routine maintenance will typically be performed on weekends
between 7:00 a.m. Eastern Time Saturday morning and Sunday 12:00 p.m. Eastern Time. Occasionally, bug
fix builds will need to be performed during the business week. If a bug fix build is required to be performed
during the business week, it will take place after 9:00 p.m. Eastern Time.
2. The Hosting Services shall be deemed “unavailable” if Customer is unable for all practical business purposes
to transmit data to or receive data from the Hosting Environment, provided that the inability to transmit and
receive data is not due to problems with non-Hosting Environment equipment, services, communication lines,
or other products.
3. Failure to meet Availability service levels will result in penalties and will not be considered a breach of this
Agreement. Penalties will be calculated according to the following matrix if Licensor falls below minimum
service levels detailed below. All percentages exclude planned maintenance.
Availability
Guaranteed System Availability
Percentage
97% of Total Hours Per Month (excluding planned
maintenance referenced in 1.1 above)
Credit to Customer’s Account 3% of monthly fee for each 1% of the time period that the
Services are down beyond committed levels
Penalty Cap Maximum = Monthly fee
Attachment number 1 \nPage 15 of 15
Item # 22
Commission Meeting Agenda
3/18/2014 2:00 PM
Approve Transfer of DATE (Drug Abuse Treatment & Education) Funds to Accountability Court
Department:Accountability Court
Caption:Motion approve the transfer of $10,000 from the Sheriff's
Department (fund 273) to Accountability Court (Fund 204) for
Drug Abuse Treatment & Education (DATE).(Approved by
Finance Committee March 10, 2014)
Background:Georgia Code allows for "moneys collected pursuant to this article
(O.C.G.A. 15-21-101) and placed in the 'County Drug Abuse and
Education Fund' shall be expended by the governing authority of
the county for which the fund is established solely and exclusively
for drug abuse tratment and education programs relating to
controlled substances and marijuana."
Analysis:Per a discussion between the Richmond County Sheriff, Richard
Roundtree and Accountability Court Judge David Watkins, the
Sheriff desires to transfer the sum of $10,000 to assist the
Accountability Court in their endeavor to help those in need of
assistance that go through the Accountability Court program.
Financial Impact:$10,000 from 273031221/5311110 CHAMPS
Program/Community Services
Alternatives:Do not approve.
Recommendation:Approve the transfer of $10,000 from the Sheriff's Department to
fund expenditures in the Accountability Court.
Funds are Available
in the Following
Accounts:
$10,000 from 273031221-5311110 to 204022320-5212999
REVIEWED AND APPROVED BY:
Cover Memo
Item # 23
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 23
Attachment number 1 \nPage 1 of 4
Item # 23
Attachment number 1 \nPage 2 of 4
Item # 23
Attachment number 1 \nPage 3 of 4
Item # 23
Attachment number 1 \nPage 4 of 4
Item # 23
Commission Meeting Agenda
3/18/2014 2:00 PM
Exemptions from Budget Cuts
Department:Clerk of Commission
Caption:Motion to approve exempting the Sheriff's Department from the
proposed 2.4% budget cut and and task the Finance Director and
Interim Administraor to come back on Tuesday with a
recommendation of a funding source.
Approve moving the expense of the purchase of a $15,000 IT
program for the EMA Dept. to the IT Department relative
to EMA's 2.4% budget reduction. (Approved by Finance
Committee March 10, 2014)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 24
Commission Meeting Agenda
3/18/2014 2:00 PM
2014 Fleet Maintenance Proposal
Department:Finance Department - Fleet Management Division
Caption:Motion to recommend First Vehicle Services provide fleet
maintenance services for Augusta, Georgia. (No
recommendation from Finance Committee March 10, 2014)
Background:In September 2013 the Augusta Commission did not approve the
extension of the existing contract. At that time First Vehicle
Services proposed an extension cost of $3,659,793.02 for
2014. The Augusta Commission expressed a desire to see if other
contractors might submit better bids. The Augusta Request For
Proposal emphasizes the need for experience and performance.
Analysis:Two venders provided proposals to the RFP; First Vehicle
Services the incumbent and Vector Fleet Management. The
evaluation committee evaluated both proposals (see attached
evaluation averages). First Vehicle Services’ proposal was
measurably better than Vector Fleet Management. First Vehicle
Services responded to all requirements of the RFP. Vector Fleet
Management provided only 6 government references of 10
required by the RFP. First Vehicle Services provided 68. Vector
Fleet Management failed to provide a response to section 8 of the
RFP which address’ parts support to the Solid Waste Department.
The RFP requires the successful bidder to use the CCG-FASTER
software for fleet maintenance and parts management. This
software has been used since 2000 and Augusta has maintenance
records on vehicles since its implementation. Vector Fleet
Management indicated they were going to use FMIS (Fleet
Maintenance Management System) for maintenance and parts
management, contrary to the RFP requirements. In reviewing their
cost proposal Vector Fleet Management’s proposal figures parallel
to those of 2005. Cost proposals of both venders are attached as
the second attachment.
Financial Impact:See attachment “Cost Proposals”. The vehicle maintenance cost is
included in the 2014 budget.
Alternatives:(1) Approve the request, (2) Disapprove the request
Cover Memo
Item # 25
Recommendation:Approve the Recommendation of the Evaluation Committee and
accept the proposal of First Vehicle Services.
Funds are Available
in the Following
Accounts:
2014 Budget.
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 25
Request for Proposal
Request for Proposals will be received at this office until Wednesday, December 11, 2013 @ 11:00 a.m. for
furnishing:
RFP Item #13-225 Fleet Maintenance Service for Fleet Management
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 Mandatory Pre Proposal Conference will be held on Friday, November 22, 2013 @ 11:00 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, November 26, 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. . A 10%
Bid bond is required to be submitted; a 100% performance bond and a 100% payment bond will be
required for award.
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 request for
proposal 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 October 31, November 7, 14, 21, 2013
Metro Courier November 6, 2013
Revised: 3/5/2013
Attachment number 1 \nPage 1 of 1
Item # 25
Evaluation Criteria PTS
FIRST VEHICLE
SERVICES
3009 PAMOLICO
HIGHWAY
FLORENCE, SC
29505
VECTOR FLEET
9300 HARRIS
CORNERS PKWY,
SUITE 170
CHARLOTTE, NC
28269
RESPONDENTS EXPERIENCE:
Measured in terms of Respondent’s current and past experience in providing
directly related services of equal magnitude and complexity. Respondent must
possess a minimum of 5 years’ experience in providing above average performance
of government fleet maintenance with fleets with a minimum of 1000
vehicles/equipment.
25 23 16.8
RESONSIVENESS TO RFP REQUIREMENTS:
Measured in terms of the effectiveness of the Respondent’s proposed technical
plan in implementing the maintenance and repair program, Respondent’s
understanding of the scope of work including the feasibility of the proposed
approach in meeting the requirements of the STATEMENT OF WORK and satisfying
the Augusta-Richmond Government goals as outlined in the INTENT section
40 35.2 31
QUALIFICATION OF KEY PERSONNEL
Measured in terms of relevant experience of key personnel and their ability to
execute the project. Number of full time staff assigned to this project, their
credentials and demonstrated knowledge of the disciplines required providing the
services .
15 14.4 11.4
Subtotal 80 72.6 59.2
FINANCIAL CAPABILITY:
Will be rated Satisfactory or Unsatisfactory. This factor will be analyzed on the
basis of the Proposer’s documentation of its financial capacity to undertake the
project. Proposer must submit audited financial statements for the prior three (3)
years of operation. This Government, at its discretion will judge the viability of
statements. Unsatisfactory rating will be cause for rejection of Proposal. Rating of
Satisfactory / Non-Satisfactory
S/NS S S
COST:
Measured as the yearly target budget and the proposed maintenance performance
standards incentives.
20 18 20
Total 100 90.6 79.2
Cumulative Evaluation Sheet
RFP Item #13-225
Fleet Maintenance Service
for Augusta, Georgia - Fleet Management Department
Attachment number 2 \nPage 1 of 1
Item # 25
Attachment number 3 \nPage 1 of 2
Item # 25
Attachment number 3 \nPage 2 of 2
Item # 25
Attachment number 4 \nPage 1 of 3
Item # 25
Attachment number 4 \nPage 2 of 3
Item # 25
Attachment number 4 \nPage 3 of 3
Item # 25
Attachment number 5 \nPage 1 of 1
Item # 25
Attachment number 6 \nPage 1 of 3
Item # 25
Attachment number 6 \nPage 2 of 3
Item # 25
Attachment number 6 \nPage 3 of 3
Item # 25
Attachment number 7 \nPage 1 of 1
Item # 25
Attachment number 8 \nPage 1 of 1
Item # 25
Attachment number 9 \nPage 1 of 1
Item # 25
Commission Meeting Agenda
3/18/2014 2:00 PM
Garden City Rescue Mission
Department:Clerk of Commission
Caption:Motion to approve a request from the Garden City Rescue
Mission regarding a refund of the shelter's annual property taxes.
(No recommendation from Finance Committee March 10,
2014)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 26
Attachment number 1 \nPage 1 of 1
Item # 26
Commission Meeting Agenda
3/18/2014 2:00 PM
Authorize continued funding of a U. S. Geological Survey (USGS) Gage on the Augusta Canal.
Department:Utilities
Caption:Authorize continued funding of a U. S. Geological Survey
(USGS) Gage on the Augusta Canal.
Background:In January 2005 Augusta entered into an agreement with the U. S.
Geological Survey (USGS) to operate and maintain a gaging
station on the Augusta Canal. This gage is used to measure and
record the flows in the canal. The gage has been in service since
the early 1900's and had previously been operated by the U. S.
Corps of Engineers for many years but the Corps decided to no
longer operate the gage and transferred their operating
responsibilities to the USGS in 2005. The agreement with the
USGS included a provision for Augusta to pay a portion of the
cost of the gage operation. For the current year the cost to
Augusta is $16,250.00.
Analysis:The continued operation of the Augusta Canal Gaging Station is
of mutual benefit to Augusta and the USGS. The shared costs
have been reasonable and we would like to continue to fund this
work at an annual cost not to exceed $20,000. This upper limit
will allow for potential costs increases.
Financial Impact:Annual cost not to exceed $20,000.
Alternatives:Discontinue participation in the cost of maintaining the gage
thereby causing the gage to be removed from service (not
recommended).
Recommendation:We recommend that the Commission approve the expenditure of
up to $20,000 annually to support the continued operation of the
Augusta Canal Gage by the USGS.
Funds are Available
in the Following
Accounts:
506043510-5213115
Cover Memo
Item # 27
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 27
Commission Meeting Agenda
3/18/2014 2:00 PM
Award the purchase of three bulldozers to Flint Equipment Company, the lowest, compliant bidder.
Department:Environmental Services
Caption:Award the purchase of three bulldozers to Flint Equipment
Company, the lowest compliant bidder, for the Environmental
Services Department.
Background:Over the years, the Environmental Services Department (ESD) has
operated a variety of sizes and types of dozers designed for the
waste industry. Currently, the ESD operates with three dozers, one
large and two midsized dozers, of which two are designed as a
waste-handling dozer and the other is limited to dirt work. This
configuration has allowed us to work efficiently. The large dozer
is required for high volume operations, and the midsized dozers
are needed for daily cover, building slopes, landfill maintenance,
as well as borrow pit projects. Looking at the last year of
operations, we continuously need an additional mid-sized
dozer. This need arises from aging equipment, and that the size
and scope of landfill operations has increased over the years. To
meet the demands, we have historically borrowed a dozer from
public works (if available) or rented a dozer when the need arose.
However, the one constant has been the need for an additional
dozer. The ESD in conjunction with the Procurement Department
released bid 13-201 in an effort to procure waste handling
dozers. There were four responsive bidders to the solicitation. The
initial low bidder was Border Equipment. They indicated that the
Case product line had a machine which met specifications. Upon a
detailed review of the dozer, and an on-site demonstration, it
became clear that both Case and Border Equipment were eager
and willing to produce a waste handler dozer, however, the
product requested had never been built by the equipment
manufacturer. Therefore, it was determined that the bid was not
compliant with the requested specifications. The ESD
recommended that we move to the second lowest bidder, as their
product did meet the specifications in the bid.
Analysis:To meet the needs of ESD daily landfill operations, three mid-size
dozers with waste-handling packages are necessary, in addition to
our large dozer. We are proposing the purchase of two-six way
blade machines with small trash racks, as well as one straight-
Cover Memo
Item # 28
blade with a full trash rack. By having this number and
configuration, it will allow the department much more flexibility
in its daily operations. First, by having a second straight blade
dozer, which allows the department to have a spare available when
the large dozer requires service; and secondly, it further allows us
to operate a mid-sized machine during non-peak hours of
operation, reducing our operational costs. Additionally, by
purchasing the two six way blade dozers with specifications
designed for landfill use, allows the ESD additional flexibility in
our operations. Currently we are limited, as only one of our
existing dozers was designed for waste operations and the other
was designed for dirt work. Placing a dozer that is not guarded for
waste handling in the trash is detrimental to the useful life of the
machine and increases the overall operational cost. One of the
greatest benefits to the purchase of three dozers is a standardized
fleet of mid-sized dozers. This reduces the amount of parts
required to have on hand for repairs. A further cost saving benefit
will be the inclusion of a GPS system included on each dozer.
This will allow us to operate much more cost effectively. This cost
savings is done by completing the project right the first time. In
addition, the straight blade dozer will communicate with the
compactor to show proper waste placement and areas which need
compaction. By ensuring proper compaction, the need to construct
additional airspace or landfill cells is reduced, which increases the
time we operate and amount of trash that can be placed in any one
cell. Simply put, we get more revenue produced per cubic yard of
airspace consumed.
Financial Impact:The purchase price of the three dozers is $1,492,755. In addition
to a purchase price, we asked the vendor for a 5 year lease to own
price. The combined monthly cost for the 5 year lease to own is
$26,313 per month, or $315,756 per year. Augusta has an
additional financing method which is financing the purchase
through the Georgia Municipal Association, better known as
GMA. With information provided by Fleet Management, it
appears that the utilization of GMA is a more cost effective tool
when financing this equipment. The estimated combined monthly
cost for the same 5 year term would be $24,879.25 per month, or
$282,951 per year. By utilizing the GMA program the ESD will
save $17,208 per year. Additionally, GMA will extend our term
longer than 5 years if requested, improving cash flow resulting
from such a large purchase. Therefore the ESD is recommending
utilizing the GMA financing versus what the dealer has offered.
Alternatives:1. Approve the purchase of three bulldozers from Flint Equipment
Company, the lowest, compliant bidder. 2. Do not approve
purchase
Recommendation:Approve the purchase of three bulldozers from Flint Equipment
Cover Memo
Item # 28
Company, the lowest, compliant bidder.
Funds are Available
in the Following
Accounts:
Move the estimated GMA cost of $282,951 from 541-04-
4210/5224219 to 541-04-4210/6111631.
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 28
Invitation to Bid
Sealed bids will be received at this office on Thursday, October 3, 2013 @ 11:00 a.m. for furnishing:
Bid Item 13-201 Waste Handler for Environmental Services Department
Bid Item 13-202 CNG Honda Civic for Environmental Services Department
Bid Item 13-203 Enviro Cover Deployer for Environmental Services Department
Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of:
Geri A. Sams
Procurement Department
530 Greene Street - Room 605
Augusta, Georgia 30901
706-821-2422
Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department
ARCbid. Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 530
Greene Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business
hours at the offices of Augusta, GA Procurement Department.
All questions must be submitted in writing by fax to 706 821-2811 or by email to
procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday,
September 20, 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 August 29, September 5, 12, 19, 2013
Metro Courier September 4, 2013
Revised: 3/7/2013
Attachment number 1 \nPage 1 of 1
Item # 28
VENDORS
Yancy Brothers/Caterpillar
4165 Mike Padgett Hwy
Augusta, GA 30906
Flint Equipment
1900 William Few Pkwy
Grovetown, GA 30813
Tractor & Equipment
3809 Mike Padgett Hwy
Augusta, GA 30906
Border Equipment
2804 Wylds Road
Augusta GA 30909
ASC Construction
2303 Edmund Hwy
Cayce, SC 28269
Waste Management
1571 Burks Drive
Lake City, GA 30260
Attachment B YES YES YES YES
E-Verify Number 686717 339942 49526 705362
SAVE Form YES YES YES YES
Waste Handler
Year 2013 2014 2013 2013
Brand CATERPILLAR JOHN DEERE KOMATSU CASE
Model D6TXWWHA 850K D65PX-17 2050M
Bid Price 416,404.00$ 399,777.00$ 421,767.00$ 375,196.00$
Lease Price
5-yr Lease/per month 4,093.00$ 7,047.00$ 7,438.00$ 6,615.81$
Optional Equipment
Purchase Price Incr
Semi-U Blade (5,500.00)$ $0.00 (33,501.00)$ 21,000.00$
Air Conditioner unit 2,356.00$ 9,950.00$ $0.00 $0.00
Carlson GPS System 90,200.00$ $ 95,033.00 89,952.00$ 88,000.00$
Zonar System 1,188.00$ $ 2,775.00 1,075.00$ 1,674.00$
Bid Opening
Bid Item #13-201
Waste Handler
for Augusta, Georgia - Environmental Services Department
Bid Due: Thursday, October 3, 2013 @ 11:00 a.m.
NO BID
RESPONSE
NO BID
RESPONSE
Page 1 of 2
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VENDORS
Yancy Brothers/Caterpillar
4165 Mike Padgett Hwy
Augusta, GA 30906
Flint Equipment
1900 William Few Pkwy
Grovetown, GA 30813
Tractor & Equipment
3809 Mike Padgett Hwy
Augusta, GA 30906
Border Equipment
2804 Wylds Road
Augusta GA 30909
ASC Construction
2303 Edmund Hwy
Cayce, SC 28269
Waste Management
1571 Burks Drive
Lake City, GA 30260
Bid Opening
Bid Item #13-201
Waste Handler
for Augusta, Georgia - Environmental Services Department
Bid Due: Thursday, October 3, 2013 @ 11:00 a.m.
Monthly Lse Price In
Semi-U Blade (99.00)$ $0.00 (591.00)$ 370.30$
Air Conditioner unit 43.00$ $ 176.00 $0.00 $0.00
Carlson GPS System 1,629.00$ 1,675.00$ 1,587.00$ 1,551.70$
Zonar System 22.00$ $ 49.00 19.00$ 29.52$
Trade-In Value
2007 Cat D6K Dozer
Current Hrs-6794 35,000.00$ $ 51,000.00 52,000.00$ 35,000.00$
2007 Cat D6N Waste
Current Hrs-7988 48,000.00$ $ 73,000.00 60,000.00$ 35,000.00$
Delivery Date 90 DAYS ARO 12/31/2013 70 DAYS ARO 120 - 150 DAYS
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Attachment number 3 \nPage 1 of 3
Item # 28
Attachment number 3 \nPage 2 of 3
Item # 28
Attachment number 3 \nPage 3 of 3
Item # 28
Attachment number 4 \nPage 1 of 2
Item # 28
Attachment number 4 \nPage 2 of 2
Item # 28
Commission Meeting Agenda
3/18/2014 2:00 PM
Flood Plain Presentation
Department:Clerk of Commission
Caption:Presentation from Terri Turner concerning the flood plain in
Augusta Richmond County and the insurance rates in Richmond
County. (Requested by Commissioner Donnie Smith)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 29
Commission Meeting Agenda
3/18/2014 2:00 PM
John D. Hatney, Jr.
Department:Clerk of Commission
Caption:Presentation by Mr. John D. Hatney, Jr. regarding the illegal use
by the City of two parcels of property with an easement for a
drainage ditch located at 1537 Wooten Road.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 30
Item # 30
Item # 30
Item # 30
Item # 30
Item # 30
Commission Meeting Agenda
3/18/2014 2:00 PM
Milledgeville Road Bridge at Rocky Creek- Bridge Maintenance Contract Award (13-182)
Department:Abie Ladson, Director
Caption:Approve award of the Design Consultant Service Agreement
Contract to Civil Services, Inc. (CSI) in the amount of $38,866.00
for Milledgeville Road Bridge at Rocky Creek – Bridge
Maintenance, subject to receipt of signed contracts and bonds if
applicable as requested by AED. (RFP 13-182)
Background:The Milledgeville Road Bridge at Rocky Creek – Bridge
Maintenance is a project from the “Approved Investment List” of
TIA that was approved by voters of the CSRA in July 31, 2012
referendum. The Milledgeville Road Bridge is a Band 1 project
that will begin the design process once approved by the Augusta,
Georgia Commission.
Analysis:Request for Proposals (RFP) were evaluated on November 11,
2013 with Civil Services, Inc being the selected consultant. The
following firms submitted RFPs and were evaluated based on the
evaluation procedures used for this project. 1. Civil Services, Inc.
2. Heath & Lineback 3. KSGW 4. Moreland Altobelli and
Associates
Financial Impact:Funds are available in the TIA project budget account numbers:
The Milledgeville Road Bridge at Rocky Creek - Bridge
maintenance in the amount of $38,866.00. Account #: 371-
041110/T13049127 and TIA Discretionary Funds Account.
Alternatives:1) Approve award of Design Consultant to Civil Services, Inc. in
the amount of $$38,866.00 for Milledgeville Road Bridge at
Rocky Creek (Bridge maintenance), subject to receipt of signed
contracts and proper Insurance Documents as requested by AED.
2) Do not approved, and abandon project.
Recommendation:Approve Alternative Number One.
Funds are Available
TIA Design Funds – Acct #: 371-041110-5212115/T13049127-
Cover Memo
Item # 31
in the Following
Accounts:
5212115 in the amount of $30,000.00 and TIA Discretionary
Funds in the amount of $8,866.00.
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 31
Augusta-Richmond County, Georgia
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 set up and authorized to CPB#371-041110/T13049127. This
project consists of design services for the Milledgeville Road Bridge at Rocky Creek -
Bridge Maintenance. Also award the Design Consultant Contract to
Civil Service, Inc. (CSI) in the amount of $38,866.
Funding is available in TIA project budget account numbers:
$30,000 in Design and $8,866 in Discretioanry Funds.
Section 2: The following revenues are anticipated to be available to the Consolidated
Government to complete the project.
30,000$
8,866$
38,866$
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
_________________________________________________
Honorable Deke Copenhaver, Mayor
Original-Commission Council Office
Copy-Engineering Department
Copy-Finance Department
Copy-Procurement Department
CPB#371-041110/T13049127
CAPITAL PROJECT BUDGET
Milledgeville Road Bridge @ Rocky Creek - Bridge Maintenance
TIA Design
TIA Discretionary
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
1 of 4 12.12.2013
Attachment number 1 \nPage 1 of 4
Item # 31
Augusta-Richmond County, Georgia CPB#371-041110/T13049127
CAPITAL PROJECT BUDGET
Milledgeville Road Bridge @ Rocky Creek - Bridge Maintenance
CPB AMOUNT NEW
SOURCE OF FUNDS CPB CPB
TIA Discretionary Funds Design (30,000)$ (30,000)$
371-04-1110-5212115/T13049127
TIA Discretionary Funds (8,866)$ (8,866)$
TOTAL SOURCES:(38,866)$ (38,866)$
USE OF FUNDS
ENGINEERING
371-04-1110-5212115/T13049127 30,000$ 30,000$
TIA Discretionary
XXXXX 8,866$ 8,866$
TOTAL USES:38,866$ 38,866$
2 of 4 12.12.2013
Attachment number 1 \nPage 2 of 4
Item # 31
project consists of design services for the Milledgeville Road Bridge at Rocky Creek -
3 of 4 12.12.2013
Attachment number 1 \nPage 3 of 4
Item # 31
4 of 4 12.12.2013
Attachment number 1 \nPage 4 of 4
Item # 31
Request for Proposal
Request for Proposals will be received at this office until Tuesday, September 17, 2013 @ 11:00 a.m. for
furnishing:
RFP Item #13-182 Milledgeville Road Bridge Maintenance at Rocky Creek for Engineering
Department
RFPs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of:
Geri A. Sams, Director
Augusta Procurement Department
530 Greene Street - Room 605
Augusta, Georgia 30901
RFP documents may be viewed on the Augusta Georgia web site under the Procurement Department
ARCbid. RFP documents may be obtained at the office of the Augusta, GA Procurement Department, 530
Greene Street – Room 605, Augusta, GA 30901.
All questions must be submitted in writing by fax to 706 821-2811 or by email to
procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, August
30, 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 8, 15, 22, 29, 2013
Metro Courier August 14, 2013
Revised: 3/5/2013
Attachment number 2 \nPage 1 of 1
Item # 31
VENDORS Attachment B E-Verify #SAVE Form Original 7 Copies Addendum 1 Fee
Proposal
Moreland Altobelli Asso
2211 Beaver Ruin Road
Norcross, GA 30071
Yes 53328 Yes Yes Yes Yes Yes
Cranston Engineering
452 Ellis Street
Augusta, GA 30901
ZEL Engineers
435 Telfair Street
Augusta, GA 30901
No Bid
Response
Heath & Lineback
Engineers
2390 Canton Rd.,
Building 200
Marietta, GA 30066
Yes 64937 Yes Yes Yes Yes Yes
KSGW
2500 Norhtwinds Pkwy
Suite 250
Alpharetta, GA 30009
Yes 177771 Yes Yes Yes Yes Yes
Civil Services Inc
620 Peachtree St.,
Suite 300-R
Atlanta, GA 30308
Yes 387871 Yes Yes Yes Yes Yes
RFP Opening
RFP Item #13-182
Milledgeville Road Bridge Maintenance at Rocky Creek
for Augusta, Georgia - Engineering Department
RFP Due: Tuesday, September 17, 2013 @ 11:00 a.m.
Page 1 of 1
Attachment number 3 \nPage 1 of 1
Item # 31
Evaluation Criteria PTS
Civil Services Inc
620 Peachtree St.,
Suite 300-R
Atlanta, GA 30308
Heath & Lineback
Engineers
2390 Canton Rd.,
Building 200
Marietta, GA 30066
KSGW
2500 Norhtwinds Pkwy
Suite 250
Alpharetta, GA 30009
Moreland Altobelli &
Assoc
2211 Beaver Ruin, Ste 190
Norcross, GA 30071
1) Qualifications of Company (company profile).25 24.7 24.0 20.3 23.0
2) Qualifications and experience of key professionals that will be
assigned to the projects.30 28.3 27.3 22.7 26.7
3) Specific relevant experience of your company.10 9.3 9.0 5.7 8.3
4) A detailed description of the proposed technical approach to be
taken for the performance of the required services for each
culvert/bridge.
15 13.7 13.0 9.7 14.0
5) Submit a conceptual project schedule for each bridge (NOTE:
The critical path method (CPM) should be used including
milestones, tasks and sub-tasks).
5 4.7 4.7 0.0 5.0
6) References (include specific individuals with addresses and
telephone numbers)5 5.0 5.0 5.0 5.0
7) Proximity to Area
• Within Richmond County - 5 pts
• Within CSRA - 4 pts
• Within Georgia - 3 pts
• Within SE United States (includes AL, TN, NC, SC, FL) 2 pts
• All Others - 1 pt
5 3.0 3.0 3.0 3.0
8) Proposed Fee (include hourly cost per individual to be included
in the proposal)
• Lowest 5 points
• Second 4 points
• Third 3 points
• Fourth 2 points
• Highest 1 point
5 4.0 3.0 2.0 5.0
Total 100 92.7 89.0 68.3 90.0
Cumulative Evaluation Sheet
RFQ Item #13-182 Milledgeville Road Bridge Maintenance at Rocky Creek
for Augusta, Georgia - Engineering Department
Attachment number 4 \nPage 1 of 1
Item # 31
Attachment number 5 \nPage 1 of 2
Item # 31
Attachment number 5 \nPage 2 of 2
Item # 31
Attachment number 6 \nPage 1 of 3
Item # 31
Attachment number 6 \nPage 2 of 3
Item # 31
Attachment number 6 \nPage 3 of 3
Item # 31
Attachment number 7 \nPage 1 of 5
Item # 31
Attachment number 7 \nPage 2 of 5
Item # 31
Attachment number 7 \nPage 3 of 5
Item # 31
Attachment number 7 \nPage 4 of 5
Item # 31
Attachment number 7 \nPage 5 of 5
Item # 31
Commission Meeting Agenda
3/18/2014 2:00 PM
Old Waynesboro Road Over Spirit Creek- Bridge Replacement Contract Award (13-210)
Department:Abie Ladson, Director
Caption:Approve award of the Design Consultant Service Agreement
Contract to Civil Services, Inc. (CSI) in the amount of $284,602
for Old Waynesboro Road Bridge over Spirit Creek – Bridge
Replacement, subject to receipt of signed contracts and bonds if
applicable as requested by AED. (RFP 13-210)
Background:The Old Waynesboro Road Bridge over Spirit Creek – Bridge
Replacement is a project from the “Approved Investment List” of
TIA that was approved by voters of the CSRA in July 31, 2012
referendum. The Old Waynesboro Road Bridge is a Band 1
project that will begin the design process once approved by the
Augusta, Georgia Commission.
Analysis:Request for Proposals (RFP) were evaluated on December 6, 2013
with Civil Services, Inc being the selected consultant. The
following firms submitted RFPs and were evaluated based on the
evaluation procedures used for this project. 1. Moreland Altobelli
and Associates 2. Cranston Engineering 3. Heath & Lineback 4.
Civil Services, Inc 5. Gresham, Smith & Part
Financial Impact:Bids came in over S119,602.00 above the TIA budgeted amount.
Proposed project funds are presented below: 1.TIA Budgeted
Amount: $165,000.00 2.TIA Discretionary Funds: $119,602.00
TOTAL: $284,602.00
Alternatives:1) Approve award of Design Consultant to Civil Services, Inc. in
the amount of $284,602.00 for Old Waynesboro Road Bridge over
Spirit Creek (Bridge Replacement), subject to receipt of signed
contracts and proper Insurance Documents as requested by AED.
2) Do not approved, and abandon project.
Recommendation:Approve Alternative Number One.
Funds are Available
371-041110-5212115/T13048130-5212115 in the amount of
Cover Memo
Item # 32
in the Following
Accounts:
$165,000.00 and TIA Discretionary Funds in the amount of
$119,602.00.
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 32
Augusta-Richmond County, Georgia
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 set up and authorized to CPB#371-041110/T13048130. This
project consists of design services for the Old Waynesboro Road over Spirit
Creek (Bridge Replacement). Also award the Design Consultant Contract to
Civil Service, Inc. (CSI) in the amount of $284,602.
Funding is available in TIA project budget account numbers:
$165,000 in Design and $120,000 in Discretioanry Funds.
Section 2: The following revenues are anticipated to be available to the Consolidated
Government to complete the project.
165,000$
120,000$
285,000$
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
_________________________________________________
Honorable Deke Copenhaver, Mayor
Original-Commission Council Office
Copy-Engineering Department
Copy-Finance Department
Copy-Procurement Department
CPB#371-041110/T13048130
CAPITAL PROJECT BUDGET
Old Waynesboro Road Over Spirit Creek - Bridge Replacement
TIA Design
TIA Discretionary
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
1 of 6 12.12.2013
Attachment number 1 \nPage 1 of 6
Item # 32
Augusta-Richmond County, Georgia CPB#371-041110/T13048130
CAPITAL PROJECT BUDGET
Old Waynesboro Road Over Spirit Creek - Bridge Replacement
2 of 6 12.12.2013
Attachment number 1 \nPage 2 of 6
Item # 32
Augusta-Richmond County, Georgia CPB#371-041110/T13048130
CAPITAL PROJECT BUDGET
Old Waynesboro Road Over Spirit Creek - Bridge Replacement
CPB AMOUNT NEW
SOURCE OF FUNDS CPB CPB
TIA Discretionary Funds Design (165,000)$ (165,000)$
371-04-1110-5212115/T13048130
TIA Discretionary Funds (120,000)$ (120,000)$
xxxx
TOTAL SOURCES:(285,000)$ (285,000)$
USE OF FUNDS
ENGINEERING
371-04-1110-5212115/T13048130 165,000$ 165,000$
TIA Discretionary Funds
XXXXX 120,000$ 120,000$
TOTAL USES:285,000$ 285,000$
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Item # 32
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Item # 32
Request for Proposal
Request for Proposals will be received at this office until Tuesday, November 5, 2013 @ 11:00 a.m. for
furnishing:
RFP Item #13-210 Replacement of Old Waynesboro Road Over Spirit Creek for Engineering
Department
RFPs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of:
Geri A. Sams, Director
Augusta Procurement Department
530 Greene Street - Room 605
Augusta, Georgia 30901
RFP documents may be viewed on the Augusta Georgia web site under the Procurement Department
ARCbid. RFP documents may be obtained at the office of the Augusta, GA Procurement Department, 530
Greene Street – Room 605, Augusta, GA 30901.
All questions must be submitted in writing by fax to 706 821-2811 or by email to
procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, October
18, 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 request
for proposal 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 September 26, October 3, 10, 17, 2013
Metro Courier October 2, 2013
Revised: 3/5/2013
Attachment number 2 \nPage 1 of 1
Item # 32
VENDORS Attachment B E-Verify #SAVE Form Original 7 Copies Fee Proposal
Moreland Altobelli Asso
2211 Beaver Ruin Road
Norcross, GA 30071
Yes 53328 Yes Yes Yes Yes
Cranston Engineering
452 Ellis Street
Augusta, GA 30901
Yes 64684 Yes Yes Yes Yes
ZEL Engineers
435 Telfair Street
Augusta, GA 30901
Heath & Lineback
Engineers
2390 Canton Rd.,
Building 200
Marietta, GA 30066
Yes 64937 Yes Yes Yes Yes
Hatch Mott MacDonald
2550 Hertage Ct., SE
Suite 250
Atlanta, GA 30339
Civil Services, Inc
851 Laney Walker Blvd.,
Suite A
Augusta, GA 30901
Yes 387871 Yes Yes Yes Yes
Gresham, Smith & Part
511 Union St., Suite 1400
Nashville, TN 37219
Yes 52704 Yes Yes Yes Yes
KSGW
2500 Northwinds
Parkway
Suite 250
Alpharetta, GA 30006
Yes 177771 Yes Yes
No
Non-
Compliant
Yes
RFP Opening
RFP Item #13-210
Replacement of Old Waynesboro Road Over Spirit Creek
for Augusta, Georgia - Engineering Department
RFP Due: Tuesday, November 5, 2013 @ 11:00 a.m.
No Bid Response
Page 1 of 1
Attachment number 3 \nPage 1 of 1
Item # 32
Evaluation Criteria PTS
Moreland Altobelli Asso
2211 Beaver Ruin Road
Norcross, GA 30071
Cranston Engineering
452 Ellis Street
Augusta, GA 30901
Heath & Lineback
Engineers
2390 Canton Rd.,
Building 200
Marietta, GA 30066
Civil Services, Inc
851 Laney Walker Blvd.,
Suite A
Augusta, GA 30901
Gresham, Smith & Part
511 Union St., Suite 1400
Nashville, TN 37219
1) Qualifications of Company 20 16.7 16.0 17.3 17.3 16.7
2) Qualifications and experience of key
professionals that will be assigned to the
project
30 25.0 23.7 26.7 27.3 24.0
3) Specific relevant experience of your
company 15 11.7 11.3 14.0 14.7 11.3
4) A detailed description of the
proposed technical approach to be taken
for the performance of the required
services for each culvert/bridge.
15 11.3 11.7 13.7 15.0 10.0
5) Submit a conceptual project schedule
for each bridge (Note: The critical path
method (CPM) should be used including
milestones, tasks and sub-tasks.
5 4.7 4.7 4.7 5.0 3.3
6) References (include specific
individuals with addresses and telephone
numbers
5 5.0 4.7 4.7 5.0 4.7
7) Proximity to Area
• Within Richmond County 5 pts
• Within CSRA 4 pts
• Within Georgia 3 pts
• Within SE United States (includes AL,
TN, NC, SC, FL) 2 pts
• All Others 1 pt.
5 3.0 5.0 3.0 5.0 2.0
8) Proposed Fee (include hourly cost per
individual to be included in the proposal)
• Lowest 5 points
• Second 4 points
• Third 3 points
• Fourth 2 points
• Highest 1 point
5 4.0 5.0 3.0 2.0 1.0
Total 100 81.3 82.0 87.0 91.3 73.0
Cumulative Evaluation Sheet
RFP Item #13-210
Replacement of Old Waynesboro Road Over Spirit Creek
for Augusta, Georgia - Engineering Departmen
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Commission Meeting Agenda
3/18/2014 2:00 PM
Road Abandonment - Cherry Tree Crossing
Department:Law
Caption:Motion to determine that any and all roads, or portions of roads
within Cherry Tree Crossing, as shown on the attached plat has
ceased to be used by the public to the extent that no substantial
public purpose is served by it or that its removal from the county
road system is otherwise in the best public interest, pursuant to
O.C.G.A. §32-7-2, with the abandoned property to be quit-
claimed to the appropriate party(ies), as provided by law and an
easement to be retained over the entire abandoned portion for
existing or future utilities as directed by Augusta Engineering
Department and Augusta Utilities Department.
Background:The Augusta Housing Authority has requested that any and all
roads, or portions of roads within Cherry Tree Crossing, as shown
on the attached plat be abandoned. The Housing Authority plans
to redevelop Cherry Tree/Sunset Homes. The abandonment
request has been reviewed by all essential county departments and
administrators and approvals were received to this abandonment
request. The legal description and plat of said portion of any and
all roads, or portions of roads within Cherry Tree Crossing are
attached
Analysis:In addition to the information provided in the above Background
section, publication notices will be made for a public hearing to be
held, with results to be presented to the Commission. Notice to the
property owners located thereon will be made, pursuant to
O.C.G.A. §32-7-2(b) (1).
Financial Impact:Cost of publication and advertisement of public hearing.
Alternatives:Approve or deny request to determine that any and all roads, or
portions of roads within Cherry Tree Crossing be abandoned.
Recommendation:Approve determination and request for abandonment of any and
all roads, or portions of roads within Cherry Tree Crossing , with
public hearing to be held regarding the issue of abandonment
Cover Memo
Item # 33
pursuant to O.C.G.A. §32-7-2, with the abandoned property to be
quit-claimed to the appropriate party(ies) as allowed by law, and
an easement(s) as directed by the Augusta Engineering
Department and the Augusta Utilities Department to be retained
over the entire abandoned portion for existing or future utilities
and drainage.
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 33
Attachment number 1 \nPage 1 of 3
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Attachment number 1 \nPage 2 of 3
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Attachment number 1 \nPage 3 of 3
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Attachment number 2 \nPage 1 of 1
Item # 33
Commission Meeting Agenda
3/18/2014 2:00 PM
Road Abandonment- South Boundary Lane
Department:Law
Caption:Motion to determine that South Boundary Lane, as shown on the
attached plat/legal description, has ceased to be used by the public
to the extent that no substantial public purpose is served by it or
that its removal from the county road system is otherwise in the
best public interest, pursuant to O.C.G.A. §32-7-2, with the
abandoned property to be quit-claimed to the appropriate party
(ies), as provided by law and restrictions and easement to be
retained over the entire abandoned portion for existing or future
utilities as directed by Augusta Engineering Department and
Augusta Utilities Department.
Background:The Augusta Housing Authority has requested that South
Boundary Lane, as shown on the attached plat/legal description,
be abandoned in connection with the Laney-Walker
redevelopment project. The Housing Authorityplans to convert
portions of the road to a parking area and park. The abandonment
request has been reviewed by all essential county departments and
administrators and approvals were received to this abandonment
request. The legal description and plat of said portion of South
Boundary Lane are attached.
Analysis:In addition to the information provided in the above Background
section, publication notices will be made for a public hearing to be
held, with results to be presented to the Commission. Notice to the
property owners located thereon will be made, pursuant to
O.C.G.A. §32-7-2(b) (1).
Financial Impact:Cost of publication and advertisement of public hearing
Alternatives:Approve or deny request to determine that South Boundary Lane
be abandoned.
Recommendation:Approve determination and request for abandonment of South
Boundary Lane, with public hearing to be held regarding the issue
of abandonment pursuant to O.C.G.A. §32-7-2, with the
Cover Memo
Item # 34
abandoned property to be quit-claimed to the appropriate party
(ies) as allowed by law, and restrictions and easement(s) as
directed by the Augusta Engineering Department and the Augusta
Utilities Department to be retained over the entire abandoned
portion for existing or future utilities and drainage.
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 34
Attachment number 1 \nPage 1 of 1
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16OVERVIEW / STATUS & UPDATES / WHERE WE’RE HEADED/ WHAT YOU CAN DO / HOME OWNERSHIP OPPORTUNITIES / CONTACT
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Commission Meeting Agenda
3/18/2014 2:00 PM
Rocky Creek Flood Hazard Mitigation, Bid#10-199
Department:Abie Ladson, Director
Caption:Authorize to execute Feasibility Cost Share Agreement with US
Army Corps of Engineers and approve Capital Project Budget
Change Number One (CBP 324-041110-209824002) for the
Augusta Regional Flood Control Feasibility Study in the amount
of $318,950.00 to complete the Rocky Creek Flood Risk
Management, Section 205 Feasibility Study in the amount of
$318,950.00. Funding is available in the project contingency
account for the AED.
Background:On November 3. 1999 the Augusta Commission authorized
execution of an agreement with the US Army Corps of Engineers
(USACE) to perform a Flood Control Feasibility Study for Rocky
Creek, Augusta Canal, Phinizy Swamp and Rae’s Creek Drainage
Basins; i t is a 50/50 cost sharing project. On August 12, 2013,
members of USACE Planning and Project Management staff met
with ARC Administrator and members of the city’s management
team to discern the city’s continuing interest in maintaining the
congressionally authorized Augusta Flood Risk Management
Study in the Investigation program. In addition, the concept of
converting the Rocky Creek portion of the Augusta Flood Control
study to a Continuing Authorities Program (CAP) study was also
discussed. The CAP will allow the Rocky Creek feature to be
addressed expeditiously and yield needed improvements while
also maintaining the flexibility to address other requirements that
may arise in the near term.
Analysis:The CAP will allow the Rocky Creek flood control features to be
addressed expeditiously and yield needed improvements while
also maintaining the flexibility to address other requirements that
may arise in the near term.
Financial Impact:Funds in the amount of 318,950 are available in the project
Contingency account to be transferred to the Engineering account
324-041110-5212115/209824002-5212115 upon Commission
approval. Cover Memo
Item # 35
Alternatives:1) Approve caption. 2) Do not approve and identify alternate
funding to complete ongoing Flood Control Feasibility Study for
Rocky Creek.
Recommendation:Approve alternative #1.
Funds are Available
in the Following
Accounts:
324-041110-5212115/209824002-5212115
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 35
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Augusta-Richmond County, Georgia
BE IT ORDAINED by the Commission-Council of Augusta-Richmond County,
Georgia that the following Capital Project Budget is hereby authorized:
Section 1: The project is authorized for Capital Project Budget for the Rocky Creek Drainage Basin &
Flood Hazard Mitigation in the amount of $318,950 for the Augusta Regional Flood Control
Feasibility Study to complete the Rocky Creek Flood Risk Mgmt, Section 205 study.
Funding is available in the project contingency account to be transferred to the project
engineering account.
Section 2: The following revenues are anticipated to be available to the Consolidated
Government to complete the project.
Special 1% Sales Tax, Phase IV 3,621,900$
Special 1% Sales Tax, Phase VI 3,500,000$
7,121,900$
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
_________________________________________________
Original-Commission Council Office
Copy-Engineering Department
Copy-Finance Department
Copy-Procurement Department
Honorable Deke Copenhaver, Mayor
324-041110-209824002
CAPITAL PROJECT BUDGET
ROCKY CREEK FLOOD HAZARD MITIGATION
CHANGE NUMBER ONE
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
1 of 2 6.22.2011
Attachment number 2 \nPage 1 of 2
Item # 35
Augusta-Richmond County, Georgia 324-041110-209824002
CAPITAL PROJECT BUDGET
ROCKY CREEK FLOOD HAZARD MITIGATION
CHANGE NUMBER ONE
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 AMOUNT CPB NEW
SOURCE OF FUNDS CPB CHANGE CPB
SPECIAL 1% SALES TAX, PHASE IV
FUND BALANCE $3,621,900 $0 $3,621,900
SPECIAL 1% SALES TAX, PHASE VI
000-0000-0000000 $3,500,000 $3,500,000
TOTAL SOURCES: $7,121,900 $0 $7,121,900
USE OF FUNDS
ENGINEERING
324-04-1110-5212115-$500,000 $319,000 $819,000
CONTINGENCY
324-04-1110-6011110-$6,621,900 ($319,000)$6,302,900
TOTAL USES: $7,121,900 $0 $7,121,900
2 of 2 6.22.2011
Attachment number 2 \nPage 2 of 2
Item # 35
Commission Meeting Agenda
3/18/2014 2:00 PM
Scotts Way Over Rae’s Creek- Bridge Replacement Contract Award(13-214)
Department:Abie Ladson, Director
Caption:Approve award of the Design Consultant Service Agreement
Contract to Cranston Engineering in the amount of $100,780.00
for Scotts Way Over Rae’s Creek – Bridge Replacement, subject
to receipt of signed contracts and bonds if applicable as requested
by AED.
Background:The Scotts Way Over Rae’s Creek – Bridge Replacement is a
project from the “Approved Investment List” of TIA that was
approved by voters of the CSRA in July 31, 2012 referendum. The
Scotts Way Bridge is a Band 1 project that will begin the design
process once approved by the Augusta, Georgia Commission.
Analysis:Request for Proposals (RFP) were evaluated on December 6, 2013
with Cranston Engineering being the selected consultant. The
following firms submitted RFPs and were evaluated based on the
evaluation procedures used for this project. 1. Moreland Altobelli
and Associates 2. Cranston Engineering 3. Heath & Lineback 4.
Civil Services, Inc. 5. KSGW 6. Gresham, Smith & Part
Financial Impact:Funds are available in the TIA project budget account numbers:
371-04-1110-T13047216 - The Scotts Way Bridge over Rae’s
Creek - Bridge replacement in the amount of $100,780.00
Alternatives:1) Approve award of Design Consultant to Contract to Cranston
Engineering in the amount of $100,780.00 for Scotts Way Over
Rae’s Creek – Bridge Replacement, subject to receipt of signed
contracts and proper Insurance Documents as requested by AED.
2) Do not approved, and abandon project.
Recommendation:Approve alternative number one.
Funds are Available
in the Following
Accounts:
371-041110-T13047216
Cover Memo
Item # 36
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 36
Augusta-Richmond County, Georgia
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 set up and authorized to CPB#371041110-T13047216. This
project consists of design services for the Scotts Way Over Rae's Creek -
Bridge Replacement. Also award the Design Consultant Contract
to Cranston Engineering in the amount of $100,780.00
Funding is available in TIA project budget account numbers:
$100,780.00 in Design.
Section 2: The following revenues are anticipated to be available to the Consolidated
Government to complete the project.
100,780$
100,780$
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
_________________________________________________
Honorable Deke Copenhaver, Mayor
Original-Commission Council Office
Copy-Engineering Department
Copy-Finance Department
Copy-Procurement Department
CPB#371-04-1110/T13047216
CAPITAL PROJECT BUDGET
Scotts Way Over Rae's Creek _ Bridge Replacement
TIA Design
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
1 of 3 12.12.2013
Attachment number 1 \nPage 1 of 3
Item # 36
Augusta-Richmond County, Georgia CPB#371-04-1110/T13047216
CAPITAL PROJECT BUDGET
Scotts Way Over Rae's Creek _ Bridge Replacement
2 of 3 12.12.2013
Attachment number 1 \nPage 2 of 3
Item # 36
Augusta-Richmond County, Georgia CPB#371-04-1110/T13047216
CAPITAL PROJECT BUDGET
Scotts Way Over Rae's Creek _ Bridge Replacement
CPB AMOUNT NEW
SOURCE OF FUNDS CPB CPB
TIA Discretionary Funds Design (100,780)$ (100,780)$
371-04-1110-5212115/T13047216
-
TOTAL SOURCES:(100,780)$ (100,780)$
USE OF FUNDS
ENGINEERING
371-04-1110-5212115/T13047216 108,780$ 108,780$
- -
TOTAL USES:108,780$ 108,780$
3 of 3 12.12.2013
Attachment number 1 \nPage 3 of 3
Item # 36
Request for Proposal
Request for Proposals will be received at this office until Wednesday, November 6, 2013 @ 11:00 a.m. for
furnishing:
RFP Item #13-214 Scotts Way Over Rae’s Creek for Engineering Department
RFPs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of:
Geri A. Sams, Director
Augusta Procurement Department
530 Greene Street - Room 605
Augusta, Georgia 30901
RFP documents may be viewed on the Augusta Georgia web site under the Procurement Department
ARCbid. RFP documents may be obtained at the office of the Augusta, GA Procurement Department, 530
Greene Street – Room 605, Augusta, GA 30901.
All questions must be submitted in writing by fax to 706 821-2811 or by email to
procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, October
25, 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 request
for proposal 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 October 3, 10, 17, 24, 2013
Metro Courier October 9, 2013
Revised: 3/5/2013
Attachment number 2 \nPage 1 of 1
Item # 36
VENDORS Attachment B E-Verify #SAVE Form Original 7 Copies Fee Proposal
Moreland Altobelli Asso
2211 Beaver Ruin Road
Norcross, GA 30071
yes 53328 yes yes yes yes
Cranston Engineering
452 Ellis Street
Augusta, GA 30901
yes 64684 yes yes yes yes
ZEL Engineers
435 Telfair Street
Augusta, GA 30901
Heath & Lineback
Engineers
2390 Canton Rd.,
Building 200
Marietta, GA 30066
yes 64937 yes yes yes yes
Gresham Smith and
Partners
511 Union Street
Suite 1400
Nashville, TN 37219
yes 52704 yes yes yes yes
Civil Services
851 Laney Walker Blvd
Suite A
Augusta, Georgia 30901
yes 387871 yes yes yes yes
KSGW
2500 Northwinds
Parkway
Suite 250
Alpharetta, GA 30006
yes 177771 yes yes yes yes
RFP Opening
RFP Item #13-214
Scotts Way Over Rae’s Creek
for Augusta, Georgia - Engineering Department
RFP Due: Wednesday, November 6, 2013 @ 11:00 a.m.
Page 1 of 1
Attachment number 3 \nPage 1 of 1
Item # 36
Evaluation Criteria PTS
Moreland Altobelli Asso
2211 Beaver Ruin Road
Norcross, GA 30071
Cranston Engineering
452 Ellis Street
Augusta, GA 30901
Heath & Lineback
Engineers
2390 Canton Rd.,
Building 200
Marietta, GA 30066
Civil Services, Inc
851 Laney Walker Blvd.,
Suite A
Augusta, GA 30901
KSGW
2500 Northwinds Parkway
Suite 250
Alpharetta, GA 30006
Gresham, Smith & Part
511 Union St., Suite 1400
Nashville, TN 37219
1) Qualifications of Company (company
profile)20 16.7 16.7 17.3 17.3 14.3 16.7
2) Qualifications and experience of key
professionals that will be assigned to the
project
30 26.7 27.3 26.7 23.0 22.7 25.7
3) Specific relevant experience of your
company 15 11.7 14.7 14.0 14.0 11.7 11.3
4) A detailed description of the
proposed technical approach to be taken
for the performance of the required
services for each bridge.
15 11.3 14.0 13.3 14.0 10.7 10.7
5) Submit a conceptual project schedule
for each bridge (Note: The critical path
method (CPM) should be used including
milestones, tasks and sub-tasks.
5 4.7 4.7 4.7 4.0 3.3 4.0
6) References (include specific
individuals with addresses and telephone
numbers
5 4.7 5.0 4.7 4.7 4.3 4.7
7) Proximity to Area
• Within Richmond County 5 pts
• Within CSRA 4 pts
• Within Georgia 3 pts
• Within SE United States (includes AL,
TN, NC, SC, FL) 2 pts
• All Others 1 pt.
5 3.0 5.0 3.0 5.0 3.0 2.0
8) Proposed Fee (include hourly cost per
individual to be included in the proposal)
• Lowest 5 points
• Second 4 points
• Third 3 points
• Fourth 2 points
• Highest 1 point
5 5.0 3.0 2.0 1.0 4.0 0.0
Total 100 83.7 90.3 85.7 83.0 74.0 75.0
Cumulative Evaluation Sheet
RFP Item #13-214
Scotts Way Over Rae's Creek
for Augusta, Georgia - Engineering Department
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Commission Meeting Agenda
3/18/2014 2:00 PM
Storm Debris Removal
Department:
Caption:Discuss/approve debris removal in private and/or gated
subdivisions.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 37
Commission Meeting Agenda
3/18/2014 2:00 PM
Utilities Fort Gordon Division
Department:Utilities
Caption:Request authorization to allow temporary employees to operate
Utilities’ vehicles on Fort Gordon.
Background:Augusta Utilities operates the water and sewer facilities on Fort
Gordon. Recent capital improvements on the Fort included the
conversion of the old water treatment plant to an irrigation plant.
We operate this new facility with the help of two temporary
staff.We will soon undertake a reevaluation of the resources and
costs required to operate the facilities on Fort Gordon, especially
related to the new facilities that have come online. We fully
expect that this reevaluation will result in the authorization of
additional staff through our contract with the Army. At that time,
we will request that these temporary positions become permanent.
Analysis:The irrigation system extends throughout the developed areas of
the Fort, and requires regular maintenance. Currently the
temporary employees are not allowed to operate Augusta vehicles
because of current policy. We would be able to operate much
more efficiently if these employees could operate vehicles on the
Fort. If approved, temporary employees would be required to
submit to a Motor Vehicle Records Review by Augusta Risk
Management prior to hiring and annually thereafter. They will
also be required to attend Augusta’s Driver Education Program
and their driving will be restricted to Fort Gordon.
Financial Impact:This action would allow us to operate more efficiently and
therefore at less cost.
Alternatives:This request could be rejected.
Recommendation:We recommend that these employees be authorized to operate
Augusta vehicles on Fort Gordon. We also request that this
authorization be granted for any future temporary employees we
may need at Fort Gordon.Cover Memo
Item # 38
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 38
Commission Meeting Agenda
3/18/2014 2:00 PM
Utilities Water Audit and Efficiency Program
Department:Utilities
Caption:Approve Renewal of Water Audit Professional Services for 2014.
Background:The Georgia Water Stewardship Act of 2010 requires that water
systems prepare and submit annual water audits in accordance
with American Water Works Association standards. In
conjunction with our water audit activities, Augusta Utilities is
undertaking a comprehensive water loss control program.
Cavanaugh and Associates has been providing professional
services related to these activities for the past two years.
Analysis:Cavanaugh and Associates has contracted with the Georgia
Environmental Protection Division to develop water audit
guidance and conduct training statewide. The ongoing Water
Efficiency Program they are assisting us with has greatly
improved Utilities’ efficiency and accountability, and helped us
reduce our non-revenue water.
Financial Impact:The cost for professional services for 2014 is $150,000.
Alternatives:The Commission could elect not to approve the renewal.
Recommendation:We recommend that the renewal of professional services of
Cavanaugh and Associates be approved.
Funds are Available
in the Following
Accounts:
Funding is available in Account #506043110-5212999
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Cover Memo
Item # 39
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 39
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Item # 39
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Item # 39
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Item # 39
Commission Meeting Agenda
3/18/2014 2:00 PM
Minutes
Department:Clerk of Commission
Caption:Motion to approve the minutes of the regular meeting of the
Commission held March 4, 2014 and Special Called Meetings
held March 6 and 10, 2014.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 40
Commission Meeting Agenda
3/18/2014 2:00 PM
Resolution ACCG 100th Anniversary
Department:
Caption:Motion to adopt resolution commending the Association County
Commissioners of Georgia (ACCG) on the occasion of its
Centennial .
Background:ACCG has planned a year-long celebration to honor its milestone-
100th anniversary and would like the support of member counties
by adopting a resolution recognizing ACCG’s centennial
anniversary for inclusion in their archives.
Analysis:N/A
Financial Impact:N/A
Alternatives:N/A
Recommendation:Approve
Funds are Available
in the Following
Accounts:
N/A
REVIEWED AND APPROVED BY:
Cover Memo
Item # 41
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Item # 41
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Item # 41
Commission Meeting Agenda
3/18/2014 2:00 PM
District 1 appointments
Department:
Caption:Motion to approve the appointment of Mr. Garry R. Kerr to the
Board of Zoning Appeals and Jonathan Areves to the Transit
Citizens Advisory Board representing District 1.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 42
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Item # 42
Attachment number 2 \nPage 1 of 1
Item # 42
Commission Meeting Agenda
3/18/2014 2:00 PM
District 2 appointment
Department:
Caption:Motion to approve the appointment of Terrence Dicks to the
Transit Citizens Advisory Board representing District 2.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 43
Attachment number 1 \nPage 1 of 1
Item # 43
Commission Meeting Agenda
3/18/2014 2:00 PM
Dennis Welch DDA Appt.
Department:
Caption:Consider the recommendation of Downtown Development
Authority (DDA) to appoint Dennis Welch to the seat held by
Steven Kendrick on DDA.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 44
Attachment number 1 \nPage 1 of 1
Item # 44
Commission Meeting Agenda
3/18/2014 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 # 45