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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 SOE SOFTWARE CORPORATION Page 2 of 15 2/17/20142/10/20142/7/2014 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 SOE SOFTWARE CORPORATION Page 3 of 15 2/17/20142/10/20142/7/2014 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 SOE SOFTWARE CORPORATION Page 5 of 15 2/17/20142/10/20142/7/2014 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 SOE SOFTWARE CORPORATION Page 6 of 15 2/17/20142/10/20142/7/2014 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 SOE SOFTWARE CORPORATION Page 7 of 15 2/17/20142/10/20142/7/2014 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 SOE SOFTWARE CORPORATION Page 8 of 15 2/17/20142/10/20142/7/2014 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 SOE SOFTWARE CORPORATION Page 9 of 15 2/17/20142/10/20142/7/2014 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 SOE SOFTWARE CORPORATION Page 10 of 15 2/17/20142/10/20142/7/2014 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 SOE SOFTWARE CORPORATION Page 11 of 15 2/17/20142/10/20142/7/2014 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 SOE SOFTWARE CORPORATION Page 12 of 15 2/17/20142/10/20142/7/2014 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 SOE SOFTWARE CORPORATION Page 13 of 15 2/17/20142/10/20142/7/2014 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 SOE SOFTWARE CORPORATION Page 14 of 15 2/17/20142/10/20142/7/2014 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 SOE SOFTWARE CORPORATION Page 15 of 15 2/17/20142/10/20142/7/2014 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 At t a c h m e n t n u m b e r 2 \ n P a g e 1 o f 2 It e m # 2 8 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 Page 2 of 2 At t a c h m e n t n u m b e r 2 \ n P a g e 2 o f 2 It e m # 2 8 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$ 3 of 6 12.12.2013 Attachment number 1 \nPage 3 of 6 Item # 32 4 of 6 12.12.2013 Attachment number 1 \nPage 4 of 6 Item # 32 5 of 6 12.12.2013 Attachment number 1 \nPage 5 of 6 Item # 32 6 of 6 12.12.2013 Attachment number 1 \nPage 6 of 6 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 Attachment number 4 \nPage 1 of 1 Item # 32 Attachment number 5 \nPage 1 of 2 Item # 32 Attachment number 5 \nPage 2 of 2 Item # 32 Attachment number 6 \nPage 1 of 3 Item # 32 Attachment number 6 \nPage 2 of 3 Item # 32 Attachment number 6 \nPage 3 of 3 Item # 32 Attachment number 7 \nPage 1 of 3 Item # 32 Attachment number 7 \nPage 2 of 3 Item # 32 Attachment number 7 \nPage 3 of 3 Item # 32 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 Item # 33 Attachment number 1 \nPage 2 of 3 Item # 33 Attachment number 1 \nPage 3 of 3 Item # 33 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 Item # 34 At t a c h m e n t n u m b e r 2 \ n P a g e 1 o f 2 It e m # 3 4 16OVERVIEW /  STATUS & UPDATES /  WHERE WE’RE HEADED/ WHAT YOU CAN DO / HOME  OWNERSHIP  OPPORTUNITIES / CONTACT At t a c h m e n t n u m b e r 2 \ n P a g e 2 o f 2 It e m # 3 4 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 Attachment number 1 \nPage 1 of 26 Item # 35 Attachment number 1 \nPage 2 of 26 Item # 35 Attachment number 1 \nPage 3 of 26 Item # 35 Attachment number 1 \nPage 4 of 26 Item # 35 Attachment number 1 \nPage 5 of 26 Item # 35 Attachment number 1 \nPage 6 of 26 Item # 35 Attachment number 1 \nPage 7 of 26 Item # 35 Attachment number 1 \nPage 8 of 26 Item # 35 Attachment number 1 \nPage 9 of 26 Item # 35 Attachment number 1 \nPage 10 of 26 Item # 35 Attachment number 1 \nPage 11 of 26 Item # 35 Attachment number 1 \nPage 12 of 26 Item # 35 Attachment number 1 \nPage 13 of 26 Item # 35 Attachment number 1 \nPage 14 of 26 Item # 35 Attachment number 1 \nPage 15 of 26 Item # 35 Attachment number 1 \nPage 16 of 26 Item # 35 Attachment number 1 \nPage 17 of 26 Item # 35 Attachment number 1 \nPage 18 of 26 Item # 35 Attachment number 1 \nPage 19 of 26 Item # 35 Attachment number 1 \nPage 20 of 26 Item # 35 Attachment number 1 \nPage 21 of 26 Item # 35 Attachment number 1 \nPage 22 of 26 Item # 35 Attachment number 1 \nPage 23 of 26 Item # 35 Attachment number 1 \nPage 24 of 26 Item # 35 Attachment number 1 \nPage 25 of 26 Item # 35 Attachment number 1 \nPage 26 of 26 Item # 35 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 Attachment number 4 \nPage 1 of 1 Item # 36 Attachment number 5 \nPage 1 of 2 Item # 36 Attachment number 5 \nPage 2 of 2 Item # 36 Attachment number 6 \nPage 1 of 3 Item # 36 Attachment number 6 \nPage 2 of 3 Item # 36 Attachment number 6 \nPage 3 of 3 Item # 36 Attachment number 7 \nPage 1 of 3 Item # 36 Attachment number 7 \nPage 2 of 3 Item # 36 Attachment number 7 \nPage 3 of 3 Item # 36 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 Attachment number 1 \nPage 1 of 3 Item # 39 Attachment number 1 \nPage 2 of 3 Item # 39 Attachment number 1 \nPage 3 of 3 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 Attachment number 1 \nPage 1 of 2 Item # 41 Attachment number 1 \nPage 2 of 2 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 Attachment number 1 \nPage 1 of 1 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