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2014-09-02-Meeting Agenda
Commission Meeting Agenda Commission Chamber 9/2/2014 2:00 PM INVOCATION: PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. RECOGNITION(S) Employee of the Month A. Ms. Barbara Moss, Mail Clerk I, Procurement Department, September 2014 Employee of the Month. Attachments CONSENT AGENDA (Items 1-31) PUBLIC SERVICES 1. Motion to approve an Ordinance amending Augusta, Georgia Code, Title 6, Chapter 2, Article I, Alcoholic Beverages, Sections 6-2-1 through 6-2-145 as recommended by the Planning and Development Department. (Approved by Public Services Committee August 25, 2014) Attachments 2. Motion to approve New Ownership Application: A. N. 14 - 30: request by Ryan J. Matheson for an on premise consumption Liquor, Beer and Wine license to be used in connection with Leiserv, LLC DBA Brunswick National Lanes located at 3067 Washington Rd. There will be Sunday Sales. District 7. Super District 10.(Approved by Public Services Committee August 25, 2014) Attachments 3. Motion to approve New Ownership Application: A. N. 14 - 31: request Attachments by Carl Frazier for an on premise consumption Liquor, Beer and Wine license to be used in connection with Red Lobster Restaurants, LLC DBA Red Lobster #0290 located at 2847 Washington Rd. There will be Sunday Sales. District 7. Super District 10.(Approved by Public Services Committee August 25, 2014) 4. Motion to approve New Ownership Application: A. N. 14 - 32: request by Carl Frazier for an on premise consumption Liquor, Beer and Wine license to be used in connection with Red Lobster Restaurants, LLC DBA Red Lobster #174 located at 440 Walton Way. There will be Sunday Sales. District 1. Super District 9. (Approved by Public Services Committee August 25, 2014) Attachments 5. Motion to approve the selection of ADK Executive Search as the firm to assist the Augusta Aviation Commission in their search for a new Airport Executive Director upon the retirement of Mr. Gary Le Tellier as approved by the Augusta Aviation Commission at their July 31, 2014 meeting. (Approved by Public Services Committee August 25, 2014) Attachments 6. Motion to approve the Federal Aviation Grant (FAA) 3-13-0011-037- 2014 for the Augusta Regional Airport in the amount of $1,256,526. This grant must be fully executed and returned to the FAA before September 15, 2014.(Approved by Public Services Committee August 25, 2014) Attachments 7. Motion to approve the selection of SDI-isys, LLCas the Fiber Optic and Security Camera upgrade Project Contractor as approved by the Augusta Aviation Commission at their July 31, 2014 Meeting.(Approved by Public Services Committee August 25, 2014) Attachments 8. Motion to approve an Ordinance amending Augusta, Georgia Code, Title 2, Chapter 1, Article I, Administrative and Regulatory Fee Structure, Sections 2-1-3(c) so as to establish the Hybrid Restaurant regulatory fee as recommended by the Planning and Development Department. (Approved by Public Services Committee August 25, 2014) Attachments 9. Motion to approve an Ordinance amending Augusta, Georgia Code , Title 2, Chapter 2, Article 4, Excise Tax for Hotels/Motels, Sections 2-2- 27 through Section 2-2-35; Article 5, Local Business License Tax on Depository Financial Institutions, Section 2-2-36 through Section 2-2-49; and Article 6, Tax Imposed (Rental Motor Vehicle), Sections 2-2-50 through 2-2-56 as recommended by the Planning and Development Department. (Approved by Public Services Committee August 25, 2014) Attachments FINANCE 10. Motion to approve the acquisition of one new animal transport truck to upgrade the Animal Services Department’s transport fleet.(Approved by Finance Committee August 25, 2014) Attachments 11. Motion to approve the replacement of one new emergency response vehicle to update the Augusta Fire Department’s emergency response fleet.(Approved by Finance Committee August 25, 2014) Attachments 12. Motion to approve 2 Public Safety Vehicles for the Sheriff’s Office – Civil Transportation Division for the purpose of transporting prisoners to and from prisons within Georgia and other States.(Approved by Finance Committee August 25, 2014) Attachments 13. Motion to approve the replacement of 2 pickup trucks for inspectors of Augusta Utilities Department-Admin/Engineering Division.(Approved by Finance Committee August 25, 2014) Attachments 14. Motion to approve a request from the Accountability Court to move $13,000 from fund 204022320/5111110 (Permanent full-time S&W) to fund 204022320/5116120 (Supplemental Pay).(Approved by Finance Committee August 25, 2014) Attachments 15. Motion to approve Revised 2015 Budget Calendar.(Approved by Finance Committee August 25, 2014) Attachments ENGINEERING SERVICES 16. Motion to approve Supplemental Agreement One to Moreland Altobelli Associates, Inc., in the amount of $55,254.00 for the funding of Design Consultant Services on the 7th Street Bridge over the Augusta Canal – Bridge Replacement as requested by the AED. (Approved by Engineering Services Committee August 25, 2014) Attachments 17. Motion to authorize condemnation to acquire title of a portion of property for right of way, permanent construction and maintenance easement, and two temporary driveway easements (Parcel 227-0-039-00- 0) 4769 Windsor Spring Road. (Approved by Engineering Services Committee August 25, 2014) Attachments 18. Motion to authorize condemnation to acquire title of a portion of property for permanent easement, temporary easement for construction, and temporary easement for driveways (Parcel 041-3-001-00-0) 1414 Marks Church Road. (Approved by Engineering Services Committee August 25, 2014) Attachments 19. Motion to approve Augusta Utilities and Tag Office Peach Orchard Commons Estimated Furniture & Equipment Costs. (Approved by Engineering Services Committee August 25, 2014) Attachments 20. Motion to approve Supplemental Agreement #1 to fund the final design phase in the amount of $138,462.00 to Moreland Altobelli Associates, Inc., for the Broad Street Bridge over the Augusta Canal, and the Broad Street Bridge over Hawks Gully as requested by the AED. (Approved by Engineering Services Committee August 25, 2014) Attachments 21. Motion to approve Change Number One and Change Order One in the amount of $137,300.00 for Transportation Investment Act (TIA) Project, Highland Avenue Resurfacing from Wrightsboro Rd. to Wheeler Rd., with Blair Construction, Inc. for improvement of cross walk additional work. Funding is available in TIA Discretionary account as requested by AED. (Approved by Engineering Services Committee August 25, 2014) Attachments 22. Motion to approve and accept the Resolution and Agreement from GDOT consenting to pay for the relocation of utilities for the Windsor Spring Road Phase IV Improvements Project and authorize Augusta’s Legal Counsels and the Mayor to execute this Resolution and Agreement as requested by AED.(Approved by Engineering Services Committee August 25, 2014) Attachments 23. Motion to approve Supplemental Agreement and approve contractor Larry Pittman & Associates, Inc. for the James Brown Blvd. Streetscape Project, Phase I. It will encompass the area from Jones Street to Telfair Street and from Walton Way to Barnes Street. New concrete sidewalks will be installed with brick accents at the corner aprons and light poles. All improvements will be ADA compliant. New trees, pedestrian crosswalk striping and trash receptacles will be added. Contract amount $652,132.25.(Approved by Engineering Services Committee August 25, 2014) Attachments 24. Motion to approve entering into an agreement with Georgia Power, stating that the City of Augusta will pay for the Transmission Facility Relocation Costs on the Marks Church Road Project in accordance with the estimate, totaling $1,639,687.00. Also, approve the Utility Relocation Agreement be executed by the City of Augusta’s Legal Counsels and the Mayor, and approve payment upon completion of the work as requested by Augusta Engineering Department.(Approved by Engineering Services Committee August 25, 2014) Attachments 25. Motion to approve entering into an agreement with Atlanta Gas Light Company (AGL), stating that the City of Augusta will pay for the AGL Facility Relocation Costs on the Marvin Griffin Road Project in accordance with the estimate totaling $70,000.00. Also, approve the Utility Relocation Agreement to be executed by the City of Augusta Legal Counsel and the Mayor, and approve payment upon completion of the work as requested by Augusta Engineering Department. (Approved by Engineering Services Committee August 25, 2014) Attachments 26. Motion to approve procurement of Replacement Parts for Hypochlorite Generation Equipment. (Approved by Engineering Services Committee August 25, 2014) Attachments 27. Motion to allow Augusta Utilities Department to authorize Systems and Software to proceed with replacement of payment processing vendor and purchase of additional customer service billing software modules. (Approved by Engineering Services Committee August 25, 2014) Attachments 28. Motion to approve awarding of the annual Street Lighting Bid No. 14- 169 to Graybar, the lowest compliant bidder in the amount not to exceed, in aggregate, $100,000. (Approved by Engineering Services Committee August 25, 2014) Attachments 29. Motion to approve entering into an agreement with Bellsouth Telecommunications, LLC d/b/a A T & T Georgia stating that Augusta, Georgia will be responsible for the cost to relocate their facilities on the project to improve Windsor Spring Road Phase IV, Willis Foreman Road to Tobacco, Road, CPB# 323-04-299823766. Also, approve for the Augusta, Georgia Legal Counsel, Mayor and other designated representatives of Augusta, Georgia to execute three (3) Utility Relocation Agreements which state that, upon completion of the work, payment will be made as requested by the Augusta Engineering Department. (Approved by Engineering Services Committee August 25, 2014) Attachments 30. Motion to approve entering into an Agreement with Georgia Transmission Corporation stating that Augusta, Georgia will be responsible for the cost to relocate their transmission facilities reference the project to improve Windsor Spring Road Phase IV, Willis Foreman Road to Tobacco, Road, CPB# 323-04-299823766. Also, approve for the Augusta, Georgia Legal Counsel, Mayor and other designated representatives of Augusta, Georgia to execute three (3) Utility Relocation Agreements which state that, upon completion of the work, payment will be made as requested by the Augusta Engineering Department. (Approved by Engineering Services Committee August 25, 2014) Attachments PETITIONS AND COMMUNICATIONS 31. Motion to approve the minutes of the regular meeting of the Commission held August 19 , 2014 and Special Called Meetings held August 25, 2014. Attachments ****END CONSENT AGENDA**** AUGUSTA COMMISSION 9/2/2014 AUGUSTA COMMISSION REGULAR AGENDA 9/2/2014 (Items 32-41) ADMINISTRATIVE SERVICES 32. Motion to approve amending Ordinance No. 7434 changing the meeting time for regular commission meetings for legal matters. (Requested by Commissioner Marion Williams) Attachments 33. Motion to approve an Ordinance to Amend the Augusta, GA Code Title One Article Four Section 1-7-51 Relating to the Adoption of Personnel Policies and Procedures of Augusta, Georgia; To approve edits to the FOLLOWING SECTIONS OF Chapter IV of THE Personnel Policies and Procedures Manual: 900.001, 900.006, 900.009, 900.011, 900.012 and 900.202; To Repeal All MANUAL PROVISIONS, Code Sections and Ordinances and Parts of Code Sections and Ordinances in Conflict Herewith; To Provide an Effective Date and For Other Purposes. (Approved by the Commission August 5, 2014-second reading; referred from August 19 Commission meeting) Attachments 34. Discuss Augusta Citizen Survey Results. Attachments PUBLIC SAFETY 35. Approve KME as the vendor to refurbish the Fire Department LTI (tiller aerial truck). The Augusta Fire Department has negotiated a final price of $278,105 that includes refurbishment of the LTI and a special option to retrofit the new axle with a new Hendricson air spring suspension at no extra cost. Attachments 36. Motion to approve Resolution Reaffirming 911, Wireless Enhanced 911, and Prepaid Wireless 911 Fees. Attachments Upcoming Meetings www.augustaga.gov FINANCE 37. Motion to approve Water and Sewer Revenue Bonds Series 2014 bond resolution and authorize the Mayor and Clerk to sign all necessary documents. (No recommendation from Finance Committee August 25, 2014) Attachments 38. Motion to approve requesting an opinion from the Georgia Attorney General relative to scope/proper use of funding from SPLOST for non- profit organizations. (Requested by Commissioners Wayne Guilfoyle and Donnie Smith) Attachments ENGINEERING SERVICES 39. Motion to approve the termination of the contract between Heery International and Augusta, Georgia. (Requested by Commissioner Marion Williams) Attachments 40. Update from the Interim Administrator regarding the Municipal Building renovations. Attachments LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 41. Motion to approve execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Commission Meeting Agenda 9/2/2014 2:00 PM Invocation Department: Caption: Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 1 Commission Meeting Agenda 9/2/2014 2:00 PM Employee of the Month Department: Caption:Ms. Barbara Moss, Mail Clerk I, Procurement Department, September 2014 Employee of the Month. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 2 Attachment number 1 \nPage 1 of 1 Item # 2 Commission Meeting Agenda 9/2/2014 2:00 PM 2014 PROPOSED ALCOHOL ORDINANCE AMENDMENTS Department:Planning & Development Caption:Motion to approve an Ordinance amending Augusta, Georgia Code, Title 6, Chapter 2, Article I, Alcoholic Beverages, Sections 6-2-1 through 6-2-145 as recommended by the Planning and Development Department. (Approved by Public Services Committee August 25, 2014) Background:The proposed amendments include additional definitions, days alcohol sales allowed, hours of sale, fees for alcohol licenses, due date for alcohol license renewals, and general text amendments to update the code. Analysis:Staff from the Planning & Development and the Sheriff’s Office have reviewed the current Alcohol ordinance and identified sections that should be amended. The more significant changes are: •Allow bars to sell on Sunday during St. Patrick’s Day holiday period. •Allow for Hybrid Restaurants and regulatory fee. •Allow Liquor stores to sell on Thanksgiving Day. •Require that restaurants - operating with an on premise alcohol license - close at the same time as bars. •Increase the cost of alcohol license by approximately 10%. •Impose a penalty for failure to renew alcohol license by the last business day of the year. •Alcohol licenses that are not renewed by January 31st will be considered abandoned. Financial Impact:Additional revenue: approximately $144,000 based on 10% increase in alcohol license fees. Alternatives:Do not approve recommended amendments. Recommendation:Approve Funds are Available in the Following Accounts: N/A Cover Memo Item # 3 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 3 1 Augusta Alcohol Ordinance Proposed Amendments 20140626 PROPOSED ORDIACE AMEDMETS ARE UDERLIED. ORDINANCE NO. ___________ AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE, TITLE 6, CHAPTER 2, ARTICLE 1, ALCOHOLIC BEVERAGES, SECTIONS 6-2-1 THROUGH SECTION 6-2-145; SO AS TO PROVIDE REGULATIONS FOR THE LICENSING OF ALCOHOL; TO INCLUDE ADDITIONAL DEFINITIONS, DAYS SALES ALLOWED, HOURS OF SALE, FEE FOR ALCOHOL LICENSES, DUE DATE FOR ALCOHOL LICENSE RENEWAL; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. NOW, BE IT ORDAINED BY THE AUGUSTA, GEORGIA COMMISSION AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME THAT ALL ALCOHOL LICENSEES WITHIN THE JURISDICTION SHALL COMPLY WITH THE PROVISIONS OF THE AUGUSTA, GA CODE, AS FOLLOWS: SECTION 1. Sections 6-2-1 through Section 6-2-145 of Augusta, Georgia Code, Title 6, Chapter 2, Article 1 are hereby deleted by striking these sections in its entirety; AND new Sections 6-2-1 through Section 6-2-145 are hereby inserted to replace the repealed sections as set forth in “Exhibit A” hereto. SECTION 2. This ordinance shall become effective December 1, 2014 upon its adoption in accordance with applicable laws. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this ___ day of ___________, 2014. __________________________ Attest:______________________________ David S. Copenhaver Lena J. Bonner, Clerk of Commission As its Mayor Seal: Attachment number 1 \nPage 1 of 49 Item # 3 2 Augusta Alcohol Ordinance Proposed Amendments 20140626 CERTIFICATION 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 has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordinance which was approved and adopted in the foregoing meeting(s). ______________________________ Lena J. Bonner, Clerk of Commission Published in the Augusta Chronicle. Date: _________________________ Attachment number 1 \nPage 2 of 49 Item # 3 3 Augusta Alcohol Ordinance Proposed Amendments 20140626 “EXHIBIT A” Chapter 2 ALCOHOLIC BEVERAGES ARTICLE 1 IN GENERAL Sec. 6-2-1. Purposes. This Chapter has been enacted in accordance with a plan designed for the purposes, among others, of promoting the health and general welfare of the community, to establish reasonable and ascertainable standards for the regulation and control of the licensing and sale of alcoholic beverages and operation of bottle houses, to protect and preserve schools and churches, to give effect to existing land use and to preserve certain residential areas, with reasonable consideration, among others, to the character of the areas and their peculiar suitability for particular uses, the congestion in the roads and streets, and with a general view of promoting desirable living conditions and sustaining stability of neighborhood and property values, and to protect against the evils of concentration of the retail outlets for whiskey in one (1) family or to prevent undesirable persons from engaging in or having any interest in alcoholic beverages. Sec. 6-2-2. Definitions. The following are definitions of terms as used in this Chapter: (a) Alcohol. Ethyl alcohol, hydrated oxide of ethyl or spirits of wine, from whatever source or by whatever process produced. (b) Alcoholic beverage. Alcoholic beverage includes all drinks or beverages containing alcohol, including, but not limited to, distilled spirits, beer, malt beverage, wine or fortified wine. (c) Alcoholic Treatment Center: Any state owned or state operated hospital, community mental health center, or other facility utilized for the diagnosis, care, treatment, or hospitalization of persons who are alcoholics and any other hospital or facility within the State of Georgia approved for such purpose by the department, including the buildings and the surrounding property or campus directly incorporated into such use. (d) Bar/ Pub: An established place of business which is licensed to sell alcoholic beverages for consumption on the premises and may serve meals to be consumed on the premises and which also may provide live entertainment or contests involving strength or skill and may provide electronic games or pool tables. Attachment number 1 \nPage 3 of 49 Item # 3 4 Augusta Alcohol Ordinance Proposed Amendments 20140626 (e) Beer. Any alcoholic beverage obtained by the fermentation of barley, malt, hops, or any other similar product, or any combination of such product in water containing not more than 6% alcohol by volume, and including ale, porter brown style lager beer, small beer, and strong beer. (f) Caterer - Licensed alcoholic beverage caterer. Any retail dealer who has been licensed by Augusta, Georgia pursuant to this chapter and pursuant to Georgia law. (g) Church: A permanent building owned and operated exclusively by a religious organization and publicly designated a church where persons regularly assemble for religious worship. The minimum distance requirements from church buildings shall not apply to space in a shopping center or residences also used for religious purposes. (h) Dinner theater: An established place of business that is defined as a restaurant as in section 6-2-2(u) with the exception that a fee may be collected upon entrance to the business which provides theatrical entertainment during the course of the meal. (i) Director of Planning and Development. The person named as director of the Augusta Planning and Development Department, or any designated representative thereof. (j) Drinking alcohol on city streets prohibited. Except as provided in paragraph (1) below, it shall be unlawful for any licensed establishment to dispense any alcoholic beverage in an open container for removal from the premises, and it shall be unlawful for any person to remove from an alcoholic beverage establishment any open container of alcoholic beverage or to drink or attempt to drink any alcoholic beverage from any open container or to possess in any open container any alcoholic beverage on the streets, sidewalks, rights-of-way, and parking lots, whether public or private, within the limits of Augusta, Georgia. (1) Outside consumption of alcoholic beverage permitted in certain area; Restaurants (eating establishments) as defined in Section 6-2-52 that have complied with Augusta-Richmond County Code Section 3-8-11 (a)(b) Sidewalk Encroachments, may allow customers to consume an alcoholic beverage at the outside table while dining. (k) Entertainment Venue shall mean an establishment which is licensed to sell alcoholic beverages for consumption on the premises and which derives at least 50 percent of its total annual gross entertainment and beverages sales from the sale of entertainment admission tickets, and shall further mean an entertainment venue meeting criteria for license eligibility provided in section 6-2-52. (l) Growler. The term growler shall mean a glass or ceramic bottle or jug not to exceed 64 ounces that is filled by a licensee or employee of a licensee with beer from a keg and securely sealed for off-premises consumption. Growlers may only be filled from kegs procured by the licensee from a duly licensed wholesaler and the filling of growlers by means of a tapped keg shall not constitute the breaking of a package as contemplated by Attachment number 1 \nPage 4 of 49 Item # 3 5 Augusta Alcohol Ordinance Proposed Amendments 20140626 O.C.G.A. § 3-3-26 and they cannot be in the possession or control of retailer selling distilled spirits by the package. (m) Hotel: A building or other structure kept, used, maintained, advertised and held out to the public to be a place where sleeping accommodations are offered for adequate pay to travelers and guests, whether transient, permanent or residential, in which 50 or more rooms are used for the sleeping accommodations of such guests, such sleeping accommodations being conducted in the same building or in separate buildings or structures used in connection therewith that are on the same premises and are a part of the hotel operation. Motels meeting the qualifications set out in this definition for hotels shall be classified in the same category as hotels. (n) Housing Authority Property means any property containing 300 housing units or fewer owned or operated by a housing authority created by Article 1 of Chapter 3 of Title 8, the “Housing Authorities Law”. (n) Liquor. Distilled spirits, which means any alcoholic beverage obtained by distillation or containing more than 21% alcohol by volume, including but not limited to all fortified wines. (p) Lounge means a separate room connected with a part of and, adjacent to a restaurant or located in a hotel. (q) Main entrance door/ front door means the principal entrance by which access may be obtained to the operational area of a structure. (r) ightclub: An established place of business which is licensed to serve alcoholic beverages for consumption on the premises (the sale of alcoholic beverages being the dominant part of its business) and which also may provide live entertainment. (s) Off-premises consumption. The sale of alcoholic beverages in unbroken packages for consumption in a location other than the licensed premises. (t) On-premises consumption. The sale of alcoholic beverages by the drink or in broken packages for consumption on the licensed premises. (u) Premises. One physical identifiable place of business consisting of one room, or two or more contiguous rooms operating under the same trade name where distilled spirits by the drink are sold. On premises outlets which cannot be determine as one identifiable place of business shall require additional licenses regardless of such establishments having the same trade name, ownership, or management; provided nothing herein shall require additional licenses for service bars, or portable bars used exclusively for the purpose of mixing or preparing such drinks when such bars are accessible only to employees of the licensed establishment and from which drinks are prepared to be served in the licensed premises. Premises shall not include common facilities located in a shopping center area. Attachment number 1 \nPage 5 of 49 Item # 3 6 Augusta Alcohol Ordinance Proposed Amendments 20140626 (v) Package. A bottle, can or other original consumer container. (w) Private club means any nonprofit corporation or association organized under the laws of this state which: (1) Has been in existence at least one year prior to filing an application for a license; (2) Has at least 75 regular dues-paying members; and (3) Owns, hires or leases a building or space within a building for the reasonable use of its members, which building or space: a. Has suitable kitchen and dining room space and equipment; b. Is staffed with a sufficient number of employees for cooking, preparing and serving meals for its members and guests; and c. Has no member, officer, agent or employee directly or indirectly receiving, in the form of salary or other compensation, any profits for the sale of alcoholic beverages beyond a "fixed salary," as such term is defined in O.C.G.A. § 3-7-1, as amended from time to time. (x) Restaurant: An established place of business: (1) Which is licensed to sell alcoholic beverages for consumption on the premises but promotes the sale of prepared food as a dominant part of the business; (2) Which has adequate facilities and sufficient employees for cooking or preparing and serving such meals for consumption at tables in dining rooms on the premises and a seating capacity of at least 40 people; (3) Which derives at least 50 percent of its gross food and beverage income from the sale of such meals prepared, served, and consumed on the premises; (4) Which charges no fee for admission or contests nor allows an independent individual to charge fees for admission or contests on the premises; (5) Which serves food during all hours of operation. (6) Not withstanding any other criterion in this section, licensees operating as Hybrid Restaurants may elect to operate as a bar and may charge after 9:00 p.m. cover charges for live entertainment and contests not adult oriented in nature subject to Section 6-2-52, provided that the licensee obtains a certificate from the Fire Marshall which states the maximum occupancy limits during restaurant operations and the maximum occupancy limit once food service stops and the restaurant functions as a bar, and they meet all of the distance criteria in sections 6-2-64 and the 50 percent food sales criterion of subsection (3) of this section and provided further that no persons under the legal drinking age of 21 shall be allowed after the time such licensees begin to charge a cover charge and provided that licensees post a sign which is visible upon entry to the establishment which shall read "This establishment may charge a cover charge after 9:00 p.m. and no persons under the legal drinking age of 21 shall be allowed on the premises after 9:00 p.m. as per Section 6-2-2(w)(7) of the Augusta, Georgia Code." and upon initial application with the Planning and Development Department or upon annual renewal the licensee must indicate the intent to charge a cover charge under this section. Failure to declare the intent to charge a cover Attachment number 1 \nPage 6 of 49 Item # 3 7 Augusta Alcohol Ordinance Proposed Amendments 20140626 charge may result in revocation of the alcoholic beverage license. Restaurants which elect to charge a covercharge are required to pay an annual regulatory fee as required is Section 2-1-3 (c ) of the Augusta-Richmond County Code. (y) Retail sale. The sale of alcoholic beverages either in unbroken packages or for consumption on the premises, only to consumers and not for re-sale. (z) St. Patrick’s Day holiday period means March 16 through March 18 of each year. (aa) Wine. Any alcoholic beverage containing not more than 21% alcohol by volume, made from fruits, berries or grapes, either by natural fermentation or by natural fermentation with brandy added. The term includes but is not limited to, all sparkling wines, champagnes, combinations of such beverages, vermouths, special natural wines, rectified wines, and like products. The term does not include cooking wine mixed with salt or other ingredients so as to render it unfit for human consumption as a beverage. (Fees are subject to change / contact the Planning & Development Department for the current fee schedule.) Sec. 6-2-3. Sale a privilege, not a right. Nothing in this chapter shall be construed as giving a person a right to sell alcoholic beverages, but the manufacture, sale, and distribution of alcoholic beverages is declared to be a privilege in this state and in Augusta-Richmond County. All alcoholic beverage licenses or permits issued hereunder to carry out such business during the term of the license is subject to all terms and conditions imposed by this chapter and related laws and other ordinances of Augusta Georgia relating to such business, as amended from time to time by the Mayor and Commission. Sec. 6-2-4. In general. It shall be unlawful for any person, corporation, partnership, association or any other entity, unless specifically exempt under this Ordinance, to engage in any of the following activities: (a)To drink, serve or offer for drinking or have possession for sale or distribution, any type of alcoholic beverage in any Augusta-Richmond County park, playground or building without a license and business tax certificate. (b) To sell or offer for sale, or serve for remuneration whether the payment is direct or indirect, any alcoholic beverage at retail or wholesale without a license and business tax certificate. (c) To engage in any act involving the sale, service or consumption of alcoholic beverages prohibited by laws of the State of Georgia. (d) To violate any of the provisions of this chapter. Sec. 6-2-5. Consumption at parks, playgrounds, public streets and public areas owned or operated by Augusta. Attachment number 1 \nPage 7 of 49 Item # 3 8 Augusta Alcohol Ordinance Proposed Amendments 20140626 (a) It shall be unlawful for any person to serve, to consume or offer for the purpose of consumption to anyone else or to be in possession of beer, wine, or any type of intoxicating liquor or beverages, in and on any public park, playground, or building thereon, or other public area, owned or operated by Augusta, at any time whatsoever, with the exception of Julian Smith Casino, Julian Smith Park Barbecue Pit, Fleming Park Community Center, Reynolds Park, Jamestown Community Center, Hephzibah Community Center and McBean Community Center, May Park, Brigham Center, Savannah Place, Warren Road Community Center, New Savannah Bluff Lock & Dam Recreation Area, Gracewood Community Center, McDuffie Wood, Diamond Lakes Community Center, Bernie Ward Community Center, Blythe Area Recreation Center, The Boathouse, Old Government House, Minnick Park, Augusta Municipal Golf Course, Eastview Park and Doughty Park, Sandhills Recreation Center, Augusta Common, 8th Street Plaza, Augusta Canal National Heritage Area or any other recreational facility or property owned, controlled, or maintained by Augusta, except in accordance with subsection (b), (c), and (d) below, or otherwise provided by the Augusta-Richmond County Code or Georgia law. (b) Prior written approval must be obtained from the Sheriff of Richmond County, Georgia, and the Director of the Recreation Department, when alcoholic beverages are served or consumed at Julian Smith Casino, Julian Smith Park Barbecue Pit, Fleming Park Community Center, Reynolds Park, Jamestown Community Center, Hephzibah Community Center and McBean Community Center, May Park, Brigham Center, Savannah Place, Warren Road Community Center, New Savannah Bluff Lock & Dam Recreation Area, Gracewood Community Center, McDuffie Wood, Diamond Lakes Community Center, Bernie Ward Community Center, Blythe Area Recreation Center, The Boathouse, Old Government House, Minnick Park, Augusta Municipal Golf Course, Eastview Park and Doughty Park, Sandhills Recreation Center, Augusta Common, 8th Street Plaza, or any other recreational facility or property owned, controlled, or maintained by Augusta. (c) Prior written approval must be obtained from the Sheriff of Richmond County, Georgia and the Director of Riverwalk, when alcoholic beverages are served or consumed at Augusta Common or the 8th Street Plaza. (d) Prior written approval must be obtained from the Sheriff of Richmond County, Georgia and the Augusta Canal Authority when alcoholic beverages are served or consumed at Augusta Canal National Heritage Area. (e) It shall be unlawful for any person to serve, to consume or offer for the purpose of consumption to anyone else or to be in possession of beer, wine, or any type of intoxicating liquor or beverages, in an open container, cup, or glass, on any public street, sidewalk, alley, or other public area, owned or operated by Augusta, at any time whatsoever, except in accordance with subsection (b),(c), and (d) above, or otherwise provided by the Augusta-Richmond County Code or Georgia law. Sec. 6-2-6. Right of Augusta-Richmond County officials to enter premises for enforcement purposes. Agents and inspectors appointed by the Augusta-Richmond County Commission for the enforcement of this Ordinance, including officers of the Richmond County Sheriff's Department, are empowered and authorized to enter upon the premises of any person or entity engaged in the manufacture, sale, distribution, storage, or transportation of alcoholic beverages and liquors at any time for the purpose of inspecting said premises and shall have access during such inspection Attachment number 1 \nPage 8 of 49 Item # 3 9 Augusta Alcohol Ordinance Proposed Amendments 20140626 to all books, records, and supplies relating to the manufacture, sale, distribution, storage, and transportation of alcoholic beverages and liquors. Sec. 6-2-7. otice to Augusta-Richmond County of di sciplinary action against licensee. (a) Disciplinary action as used herein means any action taken by any municipal, county, state, or federal agency against the licensee, his employees, or his place of business, including, but not limited to: (1) Arrest by local, state, or federal authorities of the licensee or of any of his employees. (2) Citations issued by local, state, or federal authorities, to the licensee or any of his employees. (3) Indictments, presentments, or accusations in any local, state, or federal courts against the licensee or any of his employees. (4) Conviction of, or penalties imposed pursuant to a plea of nolo contendere or non-vult against, the licensee or any of his employees in any local, state, or federal court. (5) Penalties imposed by any regulatory agency against the licensee or any of his employees. (6) Any other written charges or reprimands by local, state, or federal authorities. (b) Any licensee who has any disciplinary action taken against him or his employees by any authority, either municipal, county, state or federal, shall notify the Augusta-Richmond County Commission in writing within forty-eight (48) hours of such action, and of the disposition of any charges or the time and place where such charges will be heard. Any licensee who fails to so notify the Commission within the prescribed time may be cited before the Commission to show cause why his license shall not be suspended or revoked. Notice shall be sent to the Commission, c/o Director of Planning and Development, P.O. Box 9270, Augusta, Georgia 30906. Sec. 6-2-8. Days sales allowed. (a) Consumption On-Premise licensees hereunder are allowed to sale on Sundays during the St. Patrick’s Day holiday period (as defined) during the hours specified in 6-2-15; otherwise On-Premise licensees shall not permit the sale of any alcoholic beverage on Sunday (except as provided in sections 6-2-15 and 6-2-16). (b) Off-Premise Consumption licensees hereunder may permit the sale of packaged alcoholic beverages seven-days a week as provided in sections 6-2-14. Furthermore, no liquor store may be open on Thanksgiving Day or Christmas Day. (c) Election days. Pursuant to the delegation of authority granted to Richmond County by Act No. 750 (House Bill No. 247) approved April 10, 1985, amending Official Code of Georgia Annotated section 3-3-20(b)(B), the sale by wholesale and retail of alcoholic beverages, to wit: distilled spirits, wine and malt beverages, shall be lawful during the polling hours of any election; however, nothing herein shall authorize the sale of alcoholic beverages within two hundred fifty (250) feet of a polling place during such time as the polls are opened. (d) Notwithstanding the foregoing, no alcoholic beverages of any kind shall be sold Attachment number 1 \nPage 9 of 49 Item # 3 10 Augusta Alcohol Ordinance Proposed Amendments 20140626 during any day or part of the day when the sale of said alcoholic beverage is prohibited by state law. (e) On all days and times that the sale of alcoholic beverages is prohibited by state law, consumption-on-premises licensees shall not open for any purposes (except as provided in sections 6-2-15 and 6-2-16 except with the prior written permission and consent of the Richmond County Sheriff's Department, for maintenance or similar purposes. Sec. 6-2-9. Reading of regulations required. No person shall be approved for a license hereunder, unless such person shall have read the Augusta-Richmond County wine, beer and whiskey regulations in full text, and shall certify in writing the fact of such reading and the knowledge thereof. Sec. 6-2-10. Copy of regulations to be maintained on premises; employees to be instructed. It shall be the duty of the management of the premises licensed under this Ordinance to maintain a copy of this Ordinance, or the ordinance from which this Ordinance derives, and all amendments thereto, on such premises, and to instruct each and every employee on the terms thereof. Sec. 6-2-11. Adulteration of beverages, refilling bottles, etc. It shall be unlawful for any person to add to the contents of any bottle labeled as containing an alcoholic beverage, or to refill any such empty bottle, or in any manner to misrepresent the quantity, quality or brand name of any alcoholic beverage. Sec. 6-2-12. Illumination of certain premises. All premises for which a Class A (on-premises consumption of beer), C (on-premises consumption of wine) or E (on-premises consumption of liquor) license has been issued under the provisions of this Ordinance shall be adequately illuminated so that all hallways, passage ways and open areas may be clearly seen by customers therein. Sec. 6-2-13. Advertising signs. Signs advertising alcoholic beverages must be turned off when the business is closed or the sale of alcoholic beverages is prohibited. Sec. 6-2-14. Hours of sale. (a) Generally. Any and all holders of licenses under the authority of this Ordinance shall observe the following schedule of hours of operation, which shall be determined by Eastern Standard Time or daylight savings time, whichever is in effect: (1) Holders of Class A, C, and E licenses (on-premises consumption of beer, wine and liquor) shall not open for business earlier than 8:00 a.m. Monday through Friday and may serve any authorized alcoholic beverage until 2:30 a.m. on the Attachment number 1 \nPage 10 of 49 Item # 3 11 Augusta Alcohol Ordinance Proposed Amendments 20140626 next following day; provided, further that said premises shall be vacated of all persons, including employees, by no later than 3:00 a.m. On Saturday, consumption on-premises license holders shall not open for business earlier than 8:00 a.m. and may serve authorized alcoholic beverages until 11:55 p.m. on Saturdays and the two (2) hours immediately following such time; provided, further, that said premises shall be vacated of all persons, including employees, by no later than 2:30 a.m. on Sunday. Where the sale of alcoholic beverages is in conjunction with the sale of food, the aforesaid hours of sale shall be applicable only to the sale of alcoholic beverages and not applicable to the sale of food; provided, however, no alcoholic beverage shall be allowed to remain on any bars, tables, or be in possession of patrons after 3:00 a.m. Tuesday through Saturday and 2:30 a.m. Sunday, and the inventory of alcoholic beverages must be secured as described in section 6-2-17 of this Ordinance. (2) Holders of a Class F license (off-premises consumption of liquor) shall not open for business earlier than 8:00 a.m. Monday through Saturday and may remain open for business until 11:45 p.m. Monday through Saturday. Holders of a Class F license (off-premises consumption of liquor) shall not open for business earlier than 12:30 p.m. on Sunday and may remain open for business until 11:30 p.m. on Sunday. (3) Holders of Class B and D licenses (off-premises consumption of beer and wine) who are not licensed to sell liquor shall be prohibited from selling beer and/or wine only between the hours of 11:45 p.m. Saturday and 12:30 p.m. on Sunday and between 11:30 p.m. on Sunday and 6:00 a.m. on the Monday next following. (4) No licensee, employee of such licensee, or any person acting on behalf of such licensee shall furnish, or give beverage alcohol to any person on any day or at any time when the sale of same is prohibited by law. Sec. 6-2-15. Sunday Sales. (a) The sale of alcoholic beverages is authorized for consumption on-premises in eating establishments, or inns, as defined herein, on Sundays between the hours of 12:30 p.m. and 2:00 a.m. Monday; provided further that said premises shall be vacated of all persons, including employees, by no later than 3:00 a.m. Where the sale of alcoholic beverages is in conjunction with the sale of food, the aforesaid hours of sale shall be applicable only to the sale of alcoholic beverages and not applicable to the sale of food; provided however, no alcoholic beverage shall be allowed to remain on any bars, tables, or be in possession of patrons after 2:30 a.m. Monday, and the inventory of alcoholic beverages must be secured as described in section 6-2-17 of this Ordinance. For the purpose of this subsection, eating establishment shall mean an establishment which is licensed to sell alcoholic beverages for consumption on the premises and which derives at least fifty (50) percent of its total annual gross food and beverages sales from the sale of prepared meals or food, and shall further mean a restaurant meeting criteria for license eligibility provided in section 6-2-52. For the purpose of this subsection, inn means an establishment which is licensed to sell alcoholic beverages and which derives at least fifty (50) percent of its total annual gross income from the rental of rooms for overnight lodging. Attachment number 1 \nPage 11 of 49 Item # 3 12 Augusta Alcohol Ordinance Proposed Amendments 20140626 (b) The Augusta-Richmond County Commission recognizes the value of the Masters Tournament to tourism and recruitment of industry and business to Augusta, Georgia: that entertainment of visitors to Augusta during the Masters Tournament, including the Sunday immediately preceding the Masters Tournament and the Sunday of the Masters Tournament is an important resource to Augusta; and that allowing “eating establishments” and “inns”, that are not otherwise licensed for Sunday sales, to sell alcoholic beverages on the Sunday immediately preceding the Masters Tournament and the Sunday of the Masters Tournament enhance the ability of Augusta to attract tourism, economic development, and industry and businesses. Therefore, “eating establishments” and “inns” as provided in subparagraph (a) hereof, shall be allowed to secure a special license authorizing the sale of alcoholic beverages, for which they are otherwise licensed, on the Sunday immediately preceding the Masters Tournament and the Sunday of the Masters Tournament. The fee for such permit shall be $100.00, and application for same must be made as provided in Augusta-Richmond County Code § 6-2-77 at least thirty (30) days in advance of the such event. The license provided for herein shall be in addition to any other license granted under Augusta-Richmond County Code § 6-2-77 or any other section of this Chapter. (c) Policy Statement. The intent of this Sunday Sales Ordinance is to allow those full service restaurants that serve the public to sell alcoholic beverages with the meals on Sunday. It is not the intent of this Ordinance to encourage neighborhood taverns and bars to serve alcoholic beverages on Sunday via the mechanism of serving incidental meals on Sunday. Sec. 6-2-16. Sunday sales of beer and wine in public stadiums. Authorized holders of a Class A license or a Class C license may serve beer and wine for on-premises consumption in public stadiums owned or controlled by Augusta-Richmond County and having a seating capacity in excess of 2,500 people on Sunday between the hours of 12:30 p.m. and midnight. Sec. 6-2-17. Inventory to be kept under lock and key when sale prohibited. (a) On all days and times that the sale of alcoholic beverages or a particular type of alcoholic beverage is prohibited by state law and where the business is otherwise open and operating for the purpose of the sale of other items, it is required that all coolers designated as alcoholic beverage coolers be kept under lock and key during the period of time that sale of alcoholic beverages is prohibited and also that any inventory of alcoholic beverages must be kept under lock and key during these periods. Sec. 6-2-18. Prices to be indicated. Retailers shall indicate plainly, by tags or labels on the bottles or containers or on the shelf immediately below where the containers are placed, or on an exposed sign prominently placed, the price of all alcoholic beverages exposed or offered for sale. Sec. 6-2-19. Furnishing to minors - Prohibited. (a) Except as otherwise authorized by law: Attachment number 1 \nPage 12 of 49 Item # 3 13 Augusta Alcohol Ordinance Proposed Amendments 20140626 (1) No person knowingly, directly or through another person, shall furnish, cause to be furnished, or permit any person in such person's employ to furnish any alcoholic beverage to any person under twenty-one (21) years of age; (2) No person under twenty-one (21) years of age shall purchase or knowingly possess any alcoholic beverage; (3) No person under twenty-one (21) years of age shall misrepresent such person's age in any manner whatever for the purpose of obtaining illegally ny alcoholic beverage; and (4) No person knowingly or intentionally shall act as an agent to purchase or acquire any alcoholic beverage for, or on behalf of, a person under twenty-one (21) years of age. (b) The prohibitions contained in paragraphs (1), (2) and (4) of subsection (a) of this section shall not apply with respect to the sale, purchase or possession of alcoholic beverages for consumption: (1) For medical purposes pursuant to a prescription of a physician duly authorized to practice medicine in this state; (2) At a religious ceremony; or (3) In the home of the parent or guardian, with the parent or guardian present. (c) The prohibition contained in paragraph (1) of subsection (a) of this section shall not apply with respect to sale of an alcoholic beverage by a person when such person has been furnished with proper identification showing that the person to whom the alcoholic beverage is sold is twenty-one (21) years of age or older. For purposes of this subsection, the term proper identification means any document issued by a governmental agency containing a description of the person, such person's photograph, or both, and giving such person's date of birth and including, without being limited to, a passport, military identification card, driver's license, or an identification card authorized under 0.C.G.A. Sec. 40-5-100 through Sec. 40-5-104. Proper identification shall not include a birth certificate nor a traffic citation. (d) If such conduct is not otherwise prohibited pursuant to section 6-2-26 nothing contained in this section shall be construed to prohibit any person under twenty-one (21) years of age from: (1) Dispensing, serving, selling or handling alcoholic beverages as a part of employment in any licensed establishment; (2) Being employed in any establishment in which alcoholic beverages are distilled or manufactured; (3) Taking orders for and having possession of alcoholic beverages as a part of employment in a licensed establishment. (e) Each retail business establishment in Augusta-Richmond County which is licensed to sell alcoholic beverages of any kind shall post in a conspicuous place or places a notice which shall contain the provisions of the laws of this state which deal with the unlawful sale of such items to underage persons and the penalties for violating such laws. (f) No person who holds a license or is responsible for the day-to-day operation of an establishment holding a license permitting the sale of alcoholic beverages for on-premises consumption shall allow any individual under the age of 21 to be in, frequent or loiter about the licensed premises unless such individual is accompanied by a parent or legal guardian except as provided herein. This prohibition shall apply regardless of whether or not said establishment on said date or time is operating for the purpose of the sale of alcoholic beverages for on-premises Attachment number 1 \nPage 13 of 49 Item # 3 14 Augusta Alcohol Ordinance Proposed Amendments 20140626 consumption, and regardless of what other type of license or business tax certificate said establishment may have. This section shall not prohibit individuals under the age of 21 from being in a qualified eating establishment or entertainment venue as defined in this Ordinance or attending a special event for which a license for a single event is issued pursuant to this Ordinance, and does not apply to such individuals who are employees of the licensee with assigned duties in the licensed premises. Sec. 6-2-20. Same - Penalty for violation. (a) Any licensee hereunder, or any person in the employ of the licensee or any person in the employ of the retail business establishment for which the license was granted, who violates the provisions of section 6-2-19 herein, shall subject the license of the licensee to suspension or revocation, and shall be guilty of an offense and, upon trial and conviction of a misdemeanor, shall be punished by a fine in an amount not to exceed five hundred dollars ($500.00) and/or imprisonment in jail for a period not to exceed sixty (60) days. (b) Whenever an Alcoholic Beverage License(s), under section 6-2-20(a) is suspended, or suspended and made subject to probation by the Augusta-Richmond County Commission for all or a part of said period of suspension, said license shall not be reinstated unless the licensee pays to the County a reinstatement fee of $500.00. Said reinstatement fee shall be due and payable and remitted to Augusta-Richmond County not less than five (5) business days prior to the end of any period of suspension or probated suspension imposed by the Augusta-Richmond County Commission. Only one such fee shall be paid by any one license holder on any one occasion irrespective of the number of licenses to be reinstated. Any fee paid pursuant to this Code section shall be paid into the General Fund. Sec. 6-2-21. Premises to be kept in orderly manner, with outside gatherings of patrons restricted. (a) Owners and/or applicant, managers and employees shall be responsible for keeping an orderly place, and no patron shall cause a disturbance of any kind; nor shall any patron be allowed to stand, sit, mingle or assemble outside the building, in parking lots or autos, and drink alcoholic beverages except as provided in subparagraph (b) hereof. (b) Businesses with on-premises alcoholic beverage consumption licenses may serve alcoholic beverages only within the definite closed locality, whether room, shop or building, where alcoholic beverages are sold by the drink. However, any business with such license, which has an outside patio area that is actually and permanently attached to the main building, may serve alcoholic beverages in the patio area; provided, however, a bar may not be set up in such an outside patio area, nor are portable bars, beer tents or other such facilities for the sale of alcoholic beverages permitted. Sales through doorways or windows to sidewalks, parking lots, or patio areas are also prohibited. (c) The provisions of subsection (b) above shall not apply to the sale of alcoholic beverages in the area designated as Riverwalk. Sales in the Riverwalk area shall be allowed as provided in section 6-2-22 hereof. (d) The alcohol license holder, or manager of an on-premise consumption alcohol licensed business, or any person giving any public amusement show, exhibition or performance, any public ball, any dances either public or private, or any gathering at public facilities when Attachment number 1 \nPage 14 of 49 Item # 3 15 Augusta Alcohol Ordinance Proposed Amendments 20140626 alcohol is being served, or on any occasion where the Chief of the Fire Department and/or Sheriff determine in their sole discretion that due to the nature of the function and/or facility, attendance of sheriff's deputies and/or firefighters is necessary, it is then the responsibility of the alcohol license holder, or other person mentioned, to comply with the chief of the fire department and/or sheriff’s decision. (e) Any manager or other person mentioned in the preceding section shall apply to the sheriff's department and the fire department to learn whether or not the attendance of deputies and/or firefighters is required. Sec. 6-2-22. Sales at Riverwalk. Sales in the Riverwalk area shall be allowed in areas designated for alcohol sales by the Planning and Development Department as permanent locations. Sec. 6-2-23. Sanitation requirements, monitoring occupancy limits. (a) All premises used for the retail sale of alcoholic beverages or for the storage thereof for sale shall be kept in a clean and sanitary condition and shall be in full compliance with the regulations of the department of public health regulating the condition of premises used for the storage or sale of food for human consumption. All premises for which a Class A (on-premises consumption of beer), Class C (on-premise consumption of wine) or Class E (on-premises consumption of liquor) license has been issued shall afford therein adequate sanitary toilet facilities. (b) Monitoring occupancy limit, continuous compliance required. Any establishment licensed by the city to dispense alcoholic beverages for consumption on the premises shall establish a procedure for monitoring the number of people in the establishment and shall be in continuous compliance with the occupancy limit as shown on the certificate of occupancy occupancy load for the premises. (c) Open restrooms required. Any establishment licensed by the city to dispense alcoholic beverages for consumption on the premises shall at all times while open to the public keep restrooms open and operating in sufficient numbers to accommodate the needs of its customers. Such establishment shall be in continuous compliance with city building and plumbing code requirements regarding public restrooms. (d) Cleanliness and code compliance required. All premises including the sidewalks and any adjacent public ways shall be kept clean and free of litter or trash, and such premises shall be and remain in full compliance with all requirements of the city inspections department. Sec. 6-2-24. Games of chance; cause for suspension or revocation of license. Gambling, betting, or the operation of games of chance, punchboards, slot machines, lotteries, or tickets or chances therein, or any other such scheme or device involving the hazarding of money or any other thing of value in any licensed place of business, or in any room adjoining the same owned, leased or controlled by him, shall be cause for suspension or revocation of his license; provided, however, nothing herein shall prohibit the operation of a Attachment number 1 \nPage 15 of 49 Item # 3 16 Augusta Alcohol Ordinance Proposed Amendments 20140626 properly licensed Georgia Lottery outlet, bingo game or any device not otherwise prohibited by law. Sec. 6-2-25. Visual obstructions prohibited. No screen, blind, curtain, partition, article or thing shall be permitted in the window or upon the doors of the licensed premises which shall prevent a clear view into the interior of the premises from the street or road at any time, and no booth, screen, partition or other obstruction shall be permitted within the interior of the licensed premises, and the same shall be so lighted so the interior of the premises is plainly visible from the street or road day and night. Sec. 6-2-26. Employment of persons under eighteen years of age prohibited. (a) No person shall allow or require a person in his employment under eighteen (18) years of age to dispense, serve, sell or take orders for any alcoholic beverages. (b) This section shall not prohibit persons under eighteen (18) years of age who are employed in supermarkets, convenience stores, breweries or drugstores from selling or handling alcoholic beverages which are sold for consumption off the premises. Sec. 6-2-27. Adult entertainment establishments. (a) Findings; public purpose. Pursuant to the Constitutional Amendment, ratified on November 8, 1994, to Article III, Chapter VI of the Constitution of the State of Georgia, which amendment added a new Section VII to said article and delegated the State's power to regulate, restrict, or prohibit activities involving alcoholic beverages to the counties and municipalities of this State; and In recognition and reliance upon those certain studies, by the City of Austin, Texas and the City of Dallas, Texas, of the effects of adult entertainment establishments in which alcohol is consumed on the premises, which studies show that such establishments engender crime and create undesirable community conditions in the area surrounding them and which studies have previously been considered by the Board of Commissioners of Richmond County; It is hereby declared that the purpose of this section is to regulate certain types of businesses including, but not limited to, adult entertainment establishments, to the end that the many types of criminal activities and undesirable community conditions frequently engendered by such businesses will be curtailed. However, it is recognized that such regulation cannot de facto approach prohibition. Otherwise, a protected form of expression would vanish. As to adult dance establishments, this section represents a balancing of competing interests: reduced criminal activity and protection of the neighborhoods through the regulation of adult entertainment establishments and the protected rights of adult entertainment establishments and patrons. (b) Sale or consumption of alcohol prohibited. No holder of a license or business tax certificate for an adult entertainment establishment shall serve, sell, distribute or suffer the consumption or possession of any alcoholic beverage or controlled substance upon the premises of the licensee or business tax certificate holder; provided, however, nothing herein contained shall affect any vested rights. Attachment number 1 \nPage 16 of 49 Item # 3 17 Augusta Alcohol Ordinance Proposed Amendments 20140626 Sec. 6-2-28. Financial transactions. No licensee, or his business associates, shall borrow or accept from or give or lend to vending machine owners, lessors, suppliers or operators, money or other valuable considerations. Vending machines shall mean for payment of money devices dispensing goods, services, or amusements, or any other thing of value. Sec. 6-2-29. Licensee purchases from licensed wholesaler. No retail dealer or retail consumption dealer shall buy or arrange to buy or in any way effect the transfer of any beverage alcohol to him or for his account except from a licensed wholesaler. No arrangement whereby a wholesaler shall handle, clear or in any other way arrange to transfer for any licensed retail dealer or retail consumption dealer shall be permitted; and all sales by wholesalers to licensed retail dealers or retail consumption dealers shall be bona fide sales transactions from the wholesaler to the licensed retail dealer or retail consumption dealer. The making of any forbidden arrangements shall be cause for revocation of the licenses of all licensed wholesalers and retail dealers or retail consumption dealers involved. Sec. 6-2-30. Solicitation of drinks. No person while holding any license shall require, permit, suffer, encourage, or induce any employee or person other than the patron and guests of the patron, to solicit the purchase by the patron of any drink, whether alcoholic or non-alcoholic, or money with which to purchase the same; nor shall any licensee pay a commission or any other compensation to any person frequenting his establishment or to his agent or manager to solicit for herself, himself, or for others, the purchase by the patron of any drink, whether alcoholic or non-alcoholic. Sec. 6-2-31. Consideration of goods bought or sold to be in cash; exceptions. (a) The consideration for all alcoholic beverages sold by any licensee shall be cash only and the delivery and payment therefore shall be a simultaneous transaction within the licensed place of business. There shall be no maneuver, device or shifts, of any kind whereby credit is extended. The use of post-dated checks is prohibited. (b) The use of a credit card for the purchase of alcohol beverages from a licensee shall not be prohibited provided such credit card represents an unqualified obligation to pay without recourse on the part of the person, institution or agency issuing such card. Hotels and motels licensed to sell beverage alcohol shall not be prohibited from billing guests of such hotel or motel for such beverage alcohol provided that payment is tendered at the time such guest leaves or checks out of such hotel or motel. The sale of beverage alcohol by bona fide private clubs and lodges wherein members pay all charges on a monthly basis shall not be prohibited provided the receivables from such transactions are promptly placed for collection consistent with sound business practices. Sec. 6-2-32. Violations; unlawful activities. Attachment number 1 \nPage 17 of 49 Item # 3 18 Augusta Alcohol Ordinance Proposed Amendments 20140626 (a) Any person holding any license issued pursuant to this Ordinance or any employee or agent of such person who violates any provision of this Ordinance, or directs, consents to, permits, or acquiesces in such violation, either directly or indirectly shall, by such conduct, subject the license to suspension or revocation. For purposes of administering and enforcing this Ordinance, any act committed by an employee, agent or representative of a licensee shall be deemed to be an act of such licensee. (b) It shall be a violation of this Ordinance for any licensee to permit any person to engage in any activity on the premises for which the license is issued or within the place of business, which is in violation of the laws or regulations of any federal, state, county or municipal governing authority or regulatory agency. With respect to any such activity, it shall be rebuttably presumed that the same was done with the knowledge or consent of the licensee; provided however, that such presumption may be rebutted only by evidence which precludes every other reasonable hypothesis save that such licensee did not know, assist or aid in such occurrence, or in the exercise of full diligence could not have discovered or prevented such activity. Sec. 6-2-33. Subterfuge. Any act which may be construed as a subterfuge in an effort to circumvent any provision of this Ordinance shall be deemed a violation of the section or subsection attempted to be circumvented. Secs. 6-2-34 – 6-2-50. Reserved ARTICLE 2 LICESIG Sec. 6-2-51. License required. (a) No alcoholic beverage may be sold, possessed for sale, or distributed in Augusta- Richmond County, other than in the City of Hephzibah or the City of Blythe if said municipalities legally authorize same, except under a license granted by the Augusta-Richmond County Commission. (b) Licenses granted hereunder shall fall into one or more of the following classes: (1) Class A: On-premises consumption of beer (2) Class B: Off-premises consumption of beer (3) Class C: On-premises consumption of wine (4) Class D: Off-premises consumption of wine (5) Class E: On-premises consumption of liquor (6) Class F: Off-premises consumption of liquor (7) Class G: Brewer, Manufacturer of Malt Beverages (8) Class H: Brewpub Operator (9) Wholesale Beer (10) Wholesale Wine (11) Wholesale Liquor (12) Sunday Sales Attachment number 1 \nPage 18 of 49 Item # 3 19 Augusta Alcohol Ordinance Proposed Amendments 20140626 Sec. 6-2-52. License for eating establishment, hybrid restaurants, and entertainment venue; authority to sell for consumption on the premises. (a) For an eating establishment to be eligible to sell alcoholic beverages for consumption on the premises, it must be a public place kept, used, maintained, advertised and held out to the public as a place where substantial meals are served and where substantial meals are actually and regularly served, such place being provided with adequate and sanitary kitchen to include an appropriate stove, refrigerator, food preparation area, sink, and other items required by the County Health Department and Planning & Development Department for the preparation of foods, and shall have a printed or posted menu from which selections for prepared food can be made, and dining room equipment, and a seating capacity of at least 40 people, having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable meals for its guests as a bona fide eating establishment operation. The serving of such meals shall be the principal business conducted, with the serving of distilled spirits to be consumed on the premises as only incidental thereto, and to qualify as an eating establishment under this section, such establishment must derive at least 50 percent of its total annual gross food and beverage sales from the sales of prepared meals and foods on-premises. The Planning & Development Department staff, upon receiving an application from an eating establishment to sell alcoholic beverages for consumption on the premises, shall inspect the restaurant to determine if the applicant is in compliance with the above requirements for a restaurant and shall advise the Commission the determination of his/her inspection. (b) The licensee of any eating establishment desiring the privilege to sell or otherwise dispense distilled spirits, malt beverages, or wine in accordance with (a) above shall file an affidavit with the Planning & Development Department, certifying under oath that such establishment, if an existing business, derived at least 50 percent of its total annual gross food and beverage sales income from the sale of prepared meals or food on-premise during the preceding calendar year or, if a new business, fully intends and expects to derive at least 50 percent of its total annual gross food and beverage sales income from the sale of prepared meals or food on-premise during the remainder of the current calendar year. Such an affidavit must be submitted annually with such establishment's alcoholic beverage license renewal application if restaurant classification is to be continued. The hours of sale are set forth in Sections 6-2-14 and 6-2-15. (c) Not withstanding any other criterion in this section, licensees desiring to operate as Hybrid Restaurants may elect to operate as a bar and may charge after 9:00 p.m. cover charges for live entertainment and contests not adult oriented in nature subject to: (1) the licensee obtains a certificate from the Fire Marshall which states the maximum occupancy limits during restaurant operations and the maximum occupancy limit once food service stops and the restaurant functions as a bar; (2) the licensee complies with the distance criteria in sections 6-2-64 and the 50 percent food sales criterion of subsection (a) and (b) of this section; (3) no persons under the legal drinking age of 21 shall be allowed after the time such licensees begin to charge a cover charge; (4) the licensee post a sign provided by Augusta, Georgia Government and which is visible upon entry to the establishment which shall read "This establishment may charge a cover charge after 9:00 p.m. and no persons under the legal drinking age of 21 shall be allowed on the premises after 9:00 p.m. as per Section 6-2-52(c) of the Attachment number 1 \nPage 19 of 49 Item # 3 20 Augusta Alcohol Ordinance Proposed Amendments 20140626 Augusta, Georgia Code"; (5) the initial application with the Planning and Development Department or upon annual renewal the licensee must indicate the intent to charge a cover charge under this section. Failure to declare the intent to charge a cover charge may result in revocation of the alcoholic beverage license; and (6) restaurants which elect to charge a cover charge are required to pay an annual regulatory fee as required is Section 2-1-3 (c ) of the Augusta-Richmond County Code. (d) For an entertainment venue to be eligible to sell alcoholic beverages for consumption on the premises; it must have a minimum seating capacity of 200 fixed seats, affixed to the floor or attached to each other in rows of at least five seats in each row, in a theatre-like design in front of a stage; and it must be a public place kept, used, maintained, advertised and held out to the public as an entertainment venue. Entertainment shall be the principal business conducted, with the serving of alcoholic beverages to be consumed on the premises as only incidental thereto, and to qualify as an entertainment venue under this section, such establishment must derive at least 50 percent of its total annual gross entertainment and beverage sales from the sales of entertainment admission tickets. The Director of Planning and Development, upon receiving an application from an entertainment venue to sell alcoholic beverages for consumption on the premises, shall inspect the location to determine if the applicant is in compliance with the above requirements for an entertainment venue and shall advise the commission the determination of his/her inspection. The sale of alcoholic beverages is authorized for consumption on-premises in entertainment venues as defined herein, on Sundays between the hours of 12:30 p.m. and 11:00 p.m. provided, further that the venue area where alcoholic beverages are being sold and/or served shall be vacated of all persons, including employees, by no later than 12:00 midnight. No alcoholic beverage shall be allowed to remain on any bars, tables, or be in possession of patrons after 12:00 midnight. For the purpose of this subsection, entertainment venue shall mean an establishment which is licensed to sell alcoholic beverages for consumption on the premises and which derives at least 50 percent of its total annual gross entertainment and beverages sales from the sale of entertainment admission tickets, and shall further mean an entertainment venue meeting criteria for license eligibility provided in section 6-2-52. (1) Any business operating as an entertainment venue as defined in this Code shall be required to have a business tax certificate. The requirements for obtaining, renewing and maintaining such certificate shall be governed by the applicable provisions of the Augusta-Richmond County Code, Title 2, Chapter 2. The regulatory fee for a business tax certificate issued to any entertainment venue shall be as set forth in section 2-1- 3(c). (e) Upon renewal of an alcoholic beverage license at a premise where an eating establishment, hybrid restaurant, or entertainment venue is in operation, verified records of sales of food or admission tickets as they relate to the total sales of food and beverages or admissions shall be furnished. Verifications must be submitted by both the license holder and the management of the establishment. The Director of Planning and Development may cause an audit of the books of a qualifying eating establishment, hybrid restaurant, or entertainment venue to be made at any time. Failure of a licensee which is a qualifying eating establishment, hybrid restaurant, or entertainment venue to cooperate in the execution of the audit shall be a violation of this Ordinance. Any untrue or misleading information contained in, or material omission left Attachment number 1 \nPage 20 of 49 Item # 3 21 Augusta Alcohol Ordinance Proposed Amendments 20140626 out of, shall be cause for action to be taken against the alcohol license as provided for in Section 6-2-74. Sec. 6-2-53. Licenses for brewpubs and breweries. (a) Required. No individual shall be permitted to own or operate a brewpub without first obtaining a proper license from the Augusta-Richmond County Commission, and each brewpub license holder shall comply with all other applicable state and local license requirements. (b) Definitions. The following definitions shall apply in the interpretation and enforcement of this Ordinance: (1) Brewpub. Any eating establishment in which beer or malt beverages are manufactured or brewed, subject to the barrel production limitation prescribed in O.C.G.A. § 3-5-36, for retail consumption on the premises and solely in draft form. As used herein, the term eating establishment means an establishment which is licensed to sell distilled spirits, malt beverages, or wines and which derives at least fifty percent (50%) of its total annual gross food and beverages sales from the sale of prepared meals or food on premises. (2) Brewer. A manufacturer of malt beverages. (c) Terms of license. (1) A brewpub license authorizes the holder of such license to: a. Manufacture on the licensed premises not more than 5,000 barrels of beer in a calendar year solely for retail sale on the premises and solely in draft form; and b. Operate an eating establishment that shall be the sole retail outlet for such beer and may offer for sale any other alcoholic beverages produced by other manufacturers which are authorized for retail sale under licenses issued by the Augusta-Richmond County Commission, including wine, distilled spirits, and malt beverages, provided that such alcoholic beverages are purchased from a licensed wholesaler for consumption on the premises only; and, provided, further, that in addition to draft beer manufactured on the premises, each brewpub licensee shall offer for sale commercially available canned or bottled malt beverages from licensed wholesalers. (2) Possession of a brewpub license shall not prevent the holder of such license from obtaining a retail consumption dealer's license or a retailer's license for the same premises. (3) A brewpub license does not authorize the holder of such license to sell alcoholic beverages by the package for consumption off the premises. (4) A brewpub licensee shall not offer or permit any free sampling of beer by its customers on the premises of a brewpub. (5) A brewpub licensee shall: a. Pay all state and local license fees and excise taxes applicable to individuals licensed as manufacturers, retailers, and, where applicable, wholesalers under this title; and b. Measure beer manufactured on the premises and otherwise comply with applicable regulations respecting excise and enforcement tax Attachment number 1 \nPage 21 of 49 Item # 3 22 Augusta Alcohol Ordinance Proposed Amendments 20140626 determination of such beer as required by Georgia law and the Ordinances of Augusta-Richmond County. Sec. 6-2-54. License for off-premises consumption and sale by the drink at same location. A license holder may have his license for off-premises consumption and his license for on-premises consumption at the same location, but they must be separate premises with separate addresses and trade names. Sec. 6-2-55. Holder of license for off-premises consumption of liquor selling by the drink without license for on-premises consumption prohibited. It shall be unlawful for the holders of licenses for off-premises consumption of liquor to offer liquor for sale by the drink on such premises licensed for off-premises consumption. Any premises where alcoholic beverages are sold by the drink at more than one (1) location within the premises shall be required to have a license for each location within the premises. Sec. 6-2-56. Brown-bagging, etc. (a) No individual shall be allowed to consume alcoholic beverages in any restaurant, lounge, or bar with an occupation tax certificate from Augusta-Richmond County that does not have a license for on-premises consumption of alcoholic beverages under this ordinance. The occupation tax licensee for any restaurant, lounge or bar in Augusta-Richmond County shall not allow any individual to consume alcoholic beverages on their premises when such alcoholic beverages were not purchased from the restaurant, lounge or bar. (b) No person shall charge admission to any dance or other event at which alcoholic beverages will be served, provided or otherwise available for consumption, without first obtaining a single event license or an alcoholic beverage license. Sec. 6-2-57. Augusta-Richmond County employees holding licenses prohibited. It shall be unlawful for any elected or full-time employee of Augusta-Richmond County, or his or her spouse or members of the immediate family residing in the same household, to hold any license hereunder if that elected official or full-time employee’s duties include the regulation or policing of alcoholic beverages or licenses or any alcohol tax-collecting activity. Sec. 6-2-58. Applicant for new license to give public notice, furnish proof of advertisement. (a) All persons, firms or corporations desiring to engage in the sale of alcoholic beverages shall give notice of their intention to make application for a license to do so by advertisement in form prescribed by the Augusta-Richmond County license inspector. Advertising, as referred to in this section, means there shall be a sign posted thirty (30) days prior to the hearing of the application in a prominent position on the property (e.g., front window where it can be read from the road); also, all new license applicants shall be required to advertise three (3) times in the legal gazette (Augusta Chronicle) before applications are heard by the Augusta-Richmond County Commission or a committee thereof. Advertising in the legal gazette Attachment number 1 \nPage 22 of 49 Item # 3 23 Augusta Alcohol Ordinance Proposed Amendments 20140626 shall be during the 30-day period prior to the hearing of the application by the Augusta- Richmond County Commission. (b) When an application is submitted for a license for a new location, the property designated for the operation of the business shall be posted for thirty (30) days preceding the date of any hearing to be held on said application with a sign reading as follows: This establishment has applied to the Augusta-Richmond County Commission for an alcoholic beverage license authorizing it to sell Beer, Wine, Liquor (state the appropriate types of beverage) for on/off premises consumption at this location. (State appropriate type). This _______ day of, 20______________. Name of applicant: _______________________ Address of applicant: _____________________ (The size of the sign to be posted on the property shall be no smaller than 15 inches by 27 inches. The sign is to be conspicuously displayed on that portion of the property most visible to the public.) (c) For purposes of this section, any location which has never been licensed for the sale of alcoholic beverages before, or for which a license has been revoked, or where the sale of alcohol has ceased for nine (9) months, shall be considered a new location. (d) Before the application is presented to the Augusta-Richmond County Commission, the applicant shall furnish proof that the advertisement has been completed as required herein above. Sec. 6-2-59. Filing application. (a) Form; information to be provided. (1) A written application to the Augusta-Richmond County Commission for a license under this Ordinance shall be made on forms approved by the Augusta- Richmond County Commission. All questions and information required by the application form should be filled in and subscribed to by all applicants, under oath, and shall disclose among other information whether the applicant has been convicted of any crime, misdemeanor or a violation of any municipal ordinance (except minor traffic violations) in any state, county, municipal or federal court, and the particulars of same; the prior business of applicant for the past ten (10) years; names and addresses of three (3) persons who have known applicant for the past five (5) years; whether applicant has any existing liquor, beer or wine business in Georgia; whether the interest of applicant is total, partial, or exact extent of same, and, if partial, the names and addresses of all others having a partial interest in said business and the extent of such interest; and such other and further information as the Commission shall deem necessary. (2) It is further required that all applicants for licenses allowing the sale of liquor shall submit with their applications personnel statements. These personnel statements shall be furnished to the Augusta-Richmond County license inspector Attachment number 1 \nPage 23 of 49 Item # 3 24 Augusta Alcohol Ordinance Proposed Amendments 20140626 upon request and will be required for original licenses, and renewals of existing licenses upon request. (3) Every license application shall be accompanied by a plat prepared by a registered surveyor, showing the distance of the premises for which the license is being applied from the nearest church, school, library or public recreation area, any housing authority property, or from any alcoholic treatment center owned and operated by a governmental entity, as measured under section 6-2-63 hereof. The license application shall be accompanied by a copy of the lease. If the license applicant leases the property and improvements, a copy of the lease shall be maintained on a current basis in the license file. If the license applicant is the owner of the real estate and improvement where the business will be located, a copy of the deed shall accompany the application and be maintained as a part of the license file. (4) The application shall also include, but shall not be limited to, the name and address of the agent for service of process and the name of the manager. If the manager changes, the applicant must furnish the Augusta-Richmond County license inspector with the name and address of the new manager and other information as requested within ten (10) days of such change. (b) Date due. All applications, including required documentation, shall be filed with the Director of Planning and Development not less than thirty (30) days prior to the date when the application is scheduled to be heard. (c) Fee. Every such application, excluding renewals and transfers, shall be accompanied by a non-refundable application fee in the amount of one hundred twenty-one dollars ($120.00), said fee to be paid by certified check, cashier's check or money order made payable to the Augusta-Richmond County Commission, as applicable. (d) Untrue or misleading information; material omissions. Any untrue or misleading information contained in, or material omission left out of, an original, renewal or transfer application for a license hereunder shall be cause for the denial of the license; and, if any license has been granted under such circumstances, the license shall be subject to revocation. Sec. 6-2-60. Inspection of application by license inspector; investigation by Sheriff; provision of information to Planning & Development Department upon request. (a) If so filed as to comply with the requirement of this Ordinance an application under this Ordinance shall be sworn to and directed to the Director of Planning & Development for Augusta-Richmond County, who shall inspect the application and refer same to the Richmond County Sheriff, who shall investigate the character and reputation of the applicant, owners, partners, officers of the corporation, shareholders, managers, employees, and others associated with the application, and the suitability of the location for the sale of alcoholic beverages. (b) All applicants shall furnish all data, information and records requested of them by the License & Inspection Department and/or the Richmond County Sheriff's Department, and failure to furnish such data, information and records within thirty (30) days from the date of the request shall automatically serve to dismiss, with prejudice, the application. Applicants, by filing an application, agree to produce for oral interrogation any person or persons involved in any transaction pertinent to the application or any evidence relevant to the application as may be Attachment number 1 \nPage 24 of 49 Item # 3 25 Augusta Alcohol Ordinance Proposed Amendments 20140626 requested by the Planning & Development Department or the Richmond County Sheriff's Department. Failure to produce such evidence, person or persons within thirty (30) days after being requested to do so shall result in the automatic dismissal of the application. (c) The business owner and/or alcohol license applicant for all On-Premise Consumption license holders shall meet with the Sheriff’s Office representative, Fire Department representative, and Business License Manager to review proposed measures for ensuring the safety of employees and patrons as required in Section 6-2-21. Sec. 6-2-61. Review of application by the Augusta-Richmond County commission. (a) Procedures—Generally. After the requirements of sections 6-2-58 through 6-2-60 have been fulfilled, all applications for original alcoholic beverage licenses of any type shall be submitted to the Public Services Committee of the Augusta-Richmond County Commission, which shall review the applications in such manner as the committee may determine to be necessary, and shall submit a recommendation to the Augusta-Richmond County Commission. After the investigation is complete, the Augusta-Richmond County Commission shall cause to be issued such license as it may determine to be warranted and needed by the applicant. (b) Order of consideration. All applications presented shall be noted as to the date and exact time of filing, and such applications shall be presented, heard and considered by the Commission in the order of their filing. Sec. 6-2-62. Criteria for license approval. Personal qualifications of applicants. (a) Citizenship; residency. A license will be issued only to a person who is a citizen of the United States or an alien lawfully admitted for permanent residence in the United States, and who is a resident of Augusta-Richmond County, Georgia. Where an applicant is other than a natural person, it must be an entity organized and existing under the laws of the United States or one of its states, an agent of the entity must meet the qualifications of the preceding sentence. (1) For a license to be issued to a general partnership, the application must be made jointly by the partnership, any managing partner and all other partners owning at least a twenty (20) percent interest in the assets or revenues of the partnership. If there is no managing partner and there is no partner meeting the ownership requirements, then the application must be made jointly in the name of the partnership and the general partner owning the greatest percentage interest in the assets and revenues of the partnership, as agent. At least one (1) of the applicants shall be a natural person. If none of the applicants required above is a natural person, then the natural person having primary responsibility for the operation of the business for which the license is sought shall join in the application, as agent. (2) Where the applicant for a license is a limited partnership, the application shall be made jointly by the limited partnership, its general partners, and any other partner, limited or general, owning at least a twenty (20) percent interest in the assets or revenues of the limited partnership. At least one (1) of the applicants must be a natural person. If none of the applicants required above is a natural Attachment number 1 \nPage 25 of 49 Item # 3 26 Augusta Alcohol Ordinance Proposed Amendments 20140626 person, then the natural person having primary responsibility for the operation of the business for which the license is sought shall join in the application, as agent. (3) Where the applicant for a license is a corporation, the application shall be made jointly in the name of the corporation and its president or vice president and any stockholder owning at least twenty (20) percent of the total outstanding capital stock of the corporation. (4) Where the applicant for a license is a private club, the application shall be made jointly in the name of the private club and its president or general manager, as agent. (5) Where the applicant for a license is an entity other than a natural person, a partnership, a corporation, or a private club, the application shall be made jointly in the name of the entity, the natural person having chief executive officer authority over the business activities of the entity and any other person having at least a five (5) percent interest in the assets or revenues of the entity, as agents. The application shall further disclose the type of entity making the application and every person having an ownership interest in the assets or revenues of the entity. (6) Licenses issued to corporations, general partnerships, limited partnerships, private clubs or other types of entities must be issued jointly to the entity and all of the other persons required by this section to join in the application, as agents. (b) Moral character; criminal record. No person, firm or corporation shall be granted an alcoholic beverage license unless it shall appear to the satisfaction of the Commission that such persons or partners in the firms or officers and directors of the corporation shall be of good moral character. (c) Age. An applicant must be twenty-one (21) years of age or older. (d) Interest in Business; Involvement in Business. The applicant must own a bona-fide interest in the business for which the license is sought. Further, the applicant must be involved in the day-to-day operation of the business for which the application is made. In the event the applicant is a corporation or partnership, the applicant must designate on the application or renewal application a manager or other supervisory employee (who is also a citizen of the United States and a resident of the State of Georgia and Augusta-Richmond County) as the individual responsible for the day-to-day operation of the business, and must comply with the provisions of section 6-2-70(d) herein. (e) Eligibility. The applicant must not fall into any of the categories of individuals who are ineligible to hold a license under section 6-2-62. Sec. 6-2-63. Individuals not eligible for license. The following individuals are not eligible for an alcoholic beverage license, even if they possess all of the qualifications listed in section 6-2-61. (a) Any person convicted of a felony who served any part of a criminal sentence, including probation within the ten (10) years immediately preceding the date of receipt of submission of the application. (b) Any person who has been convicted of a misdemeanor who served any part of a criminal sentence, including probation within five (5) years immediately preceding the date of receipt of submission of the application. Attachment number 1 \nPage 26 of 49 Item # 3 27 Augusta Alcohol Ordinance Proposed Amendments 20140626 (c) Any person whose license to sell alcoholic beverages has been revoked for cause in any state or territory of the United States within the ten (10) years preceding the filing of the application. (d) Any person who has knowingly falsified information or made any material misrepresentation on the application for a license under this Ordinance or any application under the predecessor Ordinance for Richmond County or the City of Augusta submitted within the ten (10) years preceding the filing of the application. (e) Any person who has been convicted of a violation of any federal, state or local law pertaining to the possession, manufacture or sale of alcoholic beverages who served any part of a criminal sentence, including probation within the ten (10) years preceding the filing of the application. (f) Should any such applicant, partner or officer or director of any applicant entity, after a license has been granted, be convicted or plead guilty or nolo contendere to a crime involving moral turpitude, or to the violation of any laws of the State of Georgia regulating possession or the sale of narcotics, drugs, liquors, wine or beer or the lottery laws of this state, said license shall be subject after hearing to immediate suspension or revocation. Sec. 6-2-64. Same—Location restrictions. (a) Zoning. No license shall be issued for the sale, either at wholesale or retail, of alcoholic beverages unless the licensee's place of business is located in an area within Augusta- Richmond County that is properly zoned for the sale of alcoholic beverages. (b) Proximity to churches, libraries, schools, and public recreation areas. No original license shall be issued hereunder where the place of business of the licensee is located within the following distances of the following establishments: (1) Church or library buildings, or public recreation areas: Whiskey: One hundred (100) yards. Malt beverage: One hundred (100) yards. Wine: One hundred (100) yards. (1.1)Special alcohol license distance requirements for the Downtown Business District. a. The "Downtown Business District" for purposes of this Ordinance is bounded: 1. North by the Savannah River; 2. East by the western right-of-way line of Fifth Street; 3. South by the north right-of-way line of Greene Street; and 4. West by the east right-of-way line of Fifteenth Street. b. Any structure in the "Downtown Business District" as herein above defined and not originally built as a place of worship will not be considered in applying any distance requirement in reference to the issuance of any alcohol license by Augusta, Georgia after the effective date of this Ordinance. c. Exceptions: This Ordinance shall not apply to any structure in said "Downtown Business District" not originally built as a place of worship and in use as a place of worship on the effective date of this Ordinance. d. In the Downtown Business District as herein defined, new applications for Attachment number 1 \nPage 27 of 49 Item # 3 28 Augusta Alcohol Ordinance Proposed Amendments 20140626 alcoholic beverage licenses submitted after the effective date of this Ordinance, shall be subject to distance requirements of 300 feet measured from the main entrance of the applicant's structure to the main entrance of the closest occupied structure originally built as a place of worship or any other structure not originally built as a place of worship and in use as a place of worship on or before the effective date of this Ordinance. (2) School building or school grounds: Whiskey: Two hundred (200) yards. Malt beverage: One hundred (100) yards. Wine: One hundred (100) yards. The schools or colleges referred to herein shall include only such state, county, city, church or other schools as teach the subjects commonly taught in the common schools and colleges in this state and shall not include private schools or colleges within which only specialized subjects such as law, stenography, business, music, art, medicine, dentistry, vocational occupations and other special subjects are taught. (c) No license authorizing the sale of alcoholic beverages shall be issued for a new location unless such proposed location is at a greater distance than 300 feet from any alcohol treatment center owned and operated by a governmental entity. (d) No person knowingly and intentionally may sell any alcoholic beverages for consumption on the premises within 100 yards of any housing authority property. This subsection shall not apply at any location for which a license has been issued prior to July 1, 2000 nor to the renewal of such license. Nor shall this subsection apply at any location for which a new license is applied for if the sale of alcoholic beverages for consumption on the premises was lawful at such location at any time during the 12 months immediately preceding such application. (O.C.G.A. 3-3-21) (e) All measurements, to determine distances for the issuance of alcoholic beverage license shall be measured by the most direct route of travel on the ground and shall be measured in the following manner: (1) From the front door of the structure from which alcoholic beverage is sold or offered for sale; (2) In a straight line to the nearest public sidewalk, walkway, street, road or highway; (3) Along such public sidewalk, walkway, street, road or highway by the nearest route; (4) To the front door of the building, or; (5) To the nearest property line of the real property being used for school, educational purposes, or public recreation areas. (f) No license in effect on the day of the adoption of this Ordinance shall be revoked before its day of expiration by reason of the method of measurement set out in this section if the license was granted in reliance on another method of measurement. (g) Further, the Augusta-Richmond County Commission may, in its discretion, issue or deny any license when there is evidence that the type and number of schools, churches, libraries or public recreation areas in the vicinity of the place of business of the licensee causes minors to frequent the immediate area, even though there is compliance with the minimum distances as provided herein. Attachment number 1 \nPage 28 of 49 Item # 3 29 Augusta Alcohol Ordinance Proposed Amendments 20140626 (h) Nothing contained herein shall prohibit the issuance of any license authorizing the sale or distribution of alcoholic beverages by: (1) Hotels or motels of fifty (50) rooms or more; (2) Bona fide private clubs owning their homes and subject to licensing by the State of Georgia as a private club; (3) Any establishment with a license to sell alcoholic beverages which meets the definition of a qualifying eating establishment as set forth in section 6-2-52 of this Ordinance, but not to include a Hybrid Restaurant; and (4) A location for a single event occasion. (i) No license shall be issued under this Ordinance to any premises which do not meet the requirements of all state, county, and city laws, ordinances and regulations which would apply to said premises, including, but not limited to, building, fire, and sanitation codes. (j) The restrictions on locations as stated herein are in addition to, and not in lieu of, any restrictions imposed by the laws of the State of Georgia. (k) If an application is either withdrawn from consideration or denied, no application may be made by any person for the location for which the withdrawn or denied application was made, for a period of twelve (12) months from the date of withdrawal or denial; provided, however, if the application is withdrawn with the unanimous approval of the members of the Augusta- Richmond County Commission, the one (1) year prohibition shall not apply. (l) If a license is suspended, no application may be made by any person for the location for which the suspended license was held, until such time as the period of suspension for said license expires. (m) If a license is revoked, no application may be made by any person for the location for which the revoked license was held, for a period of twelve (12) months from the date of revocation. Sec. 6-2-65. Same—Additional considerations. (a) In determining whether or not any license applied for hereunder shall be granted, renewed, transferred or issued to a new location, in addition to all the provisions of this Ordinance, the following shall be considered in the public interest and welfare: (1) Reputation, character. The applicant's reputation, character, trade and business associations or past business ventures, mental and physical capacity to conduct this business. (2) Previous violations of liquor laws. If the applicant is a previous holder of a license to sell alcoholic liquors, whether or not he has violated any law, regulation or ordinance relating to such business. (3) Manner of conducting prior liquor business. If the applicant is a previous holder of a license to sell alcoholic liquors, the manner in which he conducted the business thereunder, especially as to the necessity for unusual police observation and inspection in order to prevent the violation of any law, regulation or ordinance relating to such business. (4) Location. The location for which the license is sought, as to traffic congestion, general character of neighborhood, and the effect such an establishment would have on the adjacent and surrounding property values. Attachment number 1 \nPage 29 of 49 Item # 3 30 Augusta Alcohol Ordinance Proposed Amendments 20140626 (5) umber of licenses in trading area. The number of licenses already granted for similar business in the trading area of the place for which the license is sought. (6) Dancing. If dancing is to be permitted upon the premises for which the license is sought and the applicant has previously permitted dancing upon any premises controlled or supervised by him, the manner in which he controlled or supervised such dancing to prevent any violation of any law, regulation or ordinance. (7) Previous revocation of license. If the applicant is a person whose license issued under the police powers of any governing authority has been previously suspended or revoked or who has previously had an alcoholic beverages license suspended or revoked. (8) Payment of taxes. If the applicant and business are not delinquent in the payment of any local taxes. (9) Congregation of minors. Any circumstances which may cause minors to congregate in the vicinity of the proposed location, even if the location meets the distance requirement under section 6-2-64(b) herein. (10) Prior incidents. Evidence that a substantial number of incidents requiring police intervention have occurred within a square city block of the proposed location during the twelve (12) months immediately preceding the date of application. (11) Previous Denial or Revocation. The denial of an application, or the revocation of a license, occurring within the preceding twelve (12) months, which was based on the qualifications of the proposed location. (b) If the application is denied, the Augusta-Richmond County Commission shall cause a written report to be prepared showing the reason or reasons for the denial. The Commission shall return the application showing its denial, together with the written report, to the Director of Planning & Development who shall notify the applicant of the denial within five (5) days of the denial. Notice to the applicant shall be made in writing, showing the reason or reasons for the denial and the day and time of the next scheduled meeting of the Commission. The applicant may appeal the denial of the application by serving notice on the Commission requesting reconsideration of the application. The applicant shall serve said notice, in writing, on the Commission within five (5) days of the receipt of the denial of the application. (c) On reconsideration, the Commission shall hear evidence offered by the applicant and any entity opposing the issuance of the license. The applicant may be represented by counsel, may offer testimony by witnesses or any other evidence and may question any opposing witnesses. At the close of the evidence, the Commission shall either uphold its denial or shall approve the issuance of a license. Sec. 6-2-66. Time limit for acquiring licenses once approved. All licenses must be obtained not later than ninety (90) days from the date of the approval of the application, and, if not so obtained, the license shall be void. Extensions of time under this section shall be granted only by the Augusta-Richmond County Commission. Sec. 6-2-67. License fee. Attachment number 1 \nPage 30 of 49 Item # 3 31 Augusta Alcohol Ordinance Proposed Amendments 20140626 (a) When due and payable. When a license has been approved and granted, the same shall be paid for by certified check, cashier's check or money order for the full amount of the license fee. (b) Amount. Each applicant shall pay a license fee as set out herein: (Fees are subject to change / contact the Planning & Development Department for the current fee schedule.) Retail and Wholesale: (Fee) PROPOSED (1) Class A: Consumption on-premises beer $625.00 - $665.00 $690.00 - $735.00 (2) Class B: Retail beer $665.00 $735.00 (3) Class C: Consumption on-premises wine $625.00 - $665.00 $690.00 - $735.00 (4) Class D: Retail wine $665.00 $735.00 (5) Class E: Consumption on-premises liquor $3,115.00 - $3,330.00 $3,430.00 -$3,665.00 (6) Class F: Retail liquor $3,330.00 $3,665.00 (7) Class G: Brewer, Manufacturer of Malt Beverages $665.00 $690.00 (8) Class H: Brewpub Operator $665.00 $690.00 (9) Wholesale liquor $6,050.00 $6,655.00 (10) Wholesale beer $665.00 $690.00 (11) Wholesale wine $135.00 $150.00 (12) Sunday sales $1,245 - $1,330.00 $1,370.00 - $1,465.00 (13) Alcohol Catering $340.00 - $365.00 $405.00 (14) Second Alcohol License $625.00 - $665.00 $735.00 Restaurants and Bars (On-premise consumption) Occupancy Load 1 – 100 101 – 200 201 – 300 301+ Beer $625 $690 $635 $700 $650 $715 $665 $735 Wine $625 $690 $635 $700 $650 $715 $665 $735 Liquor $3115 $3,430 $3175 $3,495 $3235 $3,560 $3330 $3,665 Sunday Sales $1245 $1,370 $1270 $1,400 $1295 $1,425 $1330 $1,465 Alc. Catering $340 $375 $345 $380 $355 $395 $365 $405 Second Alcohol Lic. $625 $690 $635 $700 $650 $715 $665 $735 (c) Proration. The full license fee must be paid for a license issued prior to July 1 of the license year. One-half (1/2) of the full license fee shall be paid for a license issued after July 1 of the license year. (d) Refund. In case of the revocation or surrender of such license before the expiration of the calendar year, the holder thereof shall not be entitled to receive any refund whatsoever. Sec. 6-2-68. Term of license. All licenses granted hereunder shall be for the calendar year. Sec. 6-2-69. Display of license required. Attachment number 1 \nPage 31 of 49 Item # 3 32 Augusta Alcohol Ordinance Proposed Amendments 20140626 (a) Every license issued under this Ordinance shall be kept prominently displayed by the holder thereof at his licensed place of business, and any alcoholic beverage kept, stored or found at said licensed place of business or at his warehouse shall be presumed to be his property. (b) Nothing shall require additional licenses for service bars, or portable bars used exclusively for the purpose of mixing or preparing Alcoholic Beverage drinks when such bars are accessible only to employees of the licensed establishment and from which Alcoholic Beverage drinks are prepared to be served on the licensed premises. Sec. 6-2-70. Licenses not transferable; exceptions; fee; new ownership. (a) Generally. Licenses hereunder shall not be transferable, except as otherwise provided herein. Nothing in this section, however, shall prohibit one (1) or more partners of a partnership holding a license from withdrawing from the partnership in favor of one (1) or more of the partners who were partners at the time of the issuance of the license. (b) Exceptions. (1) Estate administration, etc. In case of the death of any person holding such a license, or any interest therein, the same may be transferred to the administrator, executor, or the lawful heirs of the deceased person, if otherwise qualified. (2) Change of location. Should a transfer of a location be approved, there shall be no additional license fee, and the new location shall not be considered as a new license hereunder. (3) Addition of partners or stockholders. A licensee may take in partners or additional stockholders where it is determined that the additional capital furnished is to be used exclusively for additional inventory or expending the facilities of the business, or for building a new facility, and, where it appears that the licensee himself receives directly none of the additional capital invested. Under this section an additional partner or new stockholder must be approved by the Planning & Development Department and the Richmond County Sheriff's Department. (4) Procedure for application for exception. Any licensee desiring a transfer of a license pursuant to an exception hereunder shall notify the Director of Planning & Development of the basis of the exception and shall provide the Director of Planning & Development with any information and/or documentation requested in connection with the exception. The Director of Planning & Development shall then either approve or deny the exception. If the exception is approved, the license shall be transferred by the Planning & Development. (c) Fee for transfers. There shall be a fee of one hundred and twenty dollars ($120.00) for transfers pursuant to this section. (Fees are subject to change / contact the Planning & Development Department for the current fee schedule.) (d) New ownership; retail alcoholic beverage licenses. No retail beer, wine or whiskey license shall be transferred, but where a change in ownership is contemplated, the new owner or owners shall file a new application for a license. Changes in license ownership from one (1) party at interest named in the original application to another party at interest as named in the original application, and changes of license from one (1) employer or manager to a successor employer or manager, shall not be deemed a transfer of license within the prohibition against transfer contained in these regulations, so long as there is no change in the ownership or location. Attachment number 1 \nPage 32 of 49 Item # 3 33 Augusta Alcohol Ordinance Proposed Amendments 20140626 In each instance the Augusta-Richmond County Commission shall be advised in writing of such change and a complete disclosure of all facts in connection therewith shall be made at the time such request for change is presented. The Administrator shall have the authority to approve such a change of license. In the event that the Administrator denies such change of license, the applicant shall have the right within ten (10) days of such denial to appeal same to the Augusta- Richmond County Commission. An applicant for a change of license must follow the procedure for applying for an alcoholic beverage license, excluding section 6-2-58 and section 6-2-61. A transfer fee from manager to manager shall be one hundred twenty dollars ($120.00). (Fees are subject to change / contact the Planning & Development Department for the current fee schedule.) Sec. 6-2-71. Renewal of licenses. (a) All licenses granted hereunder shall expire on December 31 of each year. Licensees who desire to renew their licenses shall file an application therefore, together with the requisite fee with the Planning & Development Department for such renewal, upon forms approved by the Director of Planning & Development, on or before December 15th of each year. (b) All licenses to be renewed for the subsequent calendar year shall be submitted by the Planning & Development Department to the Commission for approval no later than November 15th of each year. Any licenses that have been placed on probation, suspension or have been revoked by the Commission during the year shall be submitted on a separate list by the Planning & Development Department for review and consideration for approval. (c) There shall be a penalty fee charged for filing alcoholic beverage renewal application and license fee payment after the last business weekday of the current year. There shall be a penalty of 20% of the annual license fee but not less than $300.00, whichever is greater. If an alcoholic beverage license renewal application and license fee(s) have not been filed with the Planning & Development Department by January 31st of the renewal year, the license shall be declared to be abandoned and any relicensing shall require a new application. Sec. 6-2-72. Denial of application to renew license. (a) The possession of a license under this Ordinance is a privilege granted by Augusta, Georgia. The Augusta-Richmond County Commission is hereby authorized to deny the renewal of a license if it finds to exist any of the grounds constituting due cause to revoke, suspend or place on probation a license, as stated in section 6-2-74 herein. (b) When the Sheriff recommends that an application to renew a license be denied, he shall provide the Director of Planning & Development with a written report describing the reason or reasons for the recommendation. The Director shall notify the Commission and shall serve written notice on the licensee at least five (5) days before the next scheduled meeting of the Commission. The notice shall state the reason(s) given by the Sheriff for his/her recommendation to deny the renewal of the license and the time and place of the next scheduled meeting of Commission. (c) Commission shall receive evidence in the same manner described in section 6-2-74. (d) At the conclusion of the evidence, the Commission shall consider the evidence and shall decide to grant or to deny the renewal of the license. Attachment number 1 \nPage 33 of 49 Item # 3 34 Augusta Alcohol Ordinance Proposed Amendments 20140626 (e) If the application is denied, the Commission shall cause a written report to be prepared showing the reason or reasons for the denial. The Commission shall return the application showing its denial, together with the written report to the Director of Planning & Development who shall notify the applicant of the denial within five (5) days of the denial. Notice to the applicant shall be made in writing, showing the reason or reasons for the denial and the day and time of the next scheduled meeting of the Commission. The applicant may appeal the denial of the application, by serving notice on the Commission requesting reconsideration of the application. The applicant shall serve said notice in writing on the Commission within five (5) days of the receipt of the denial of the application. On reconsideration, the Commission shall hear evidence offered by the applicant and any entity opposing the issuance of the license. The applicant may be represented by counsel, may offer testimony by witnesses or any other evidence and may question opposing witnesses. At the close of the evidence, the Commission shall either uphold its denial or shall approve the issuance of the renewal license. Provided however, that the licensee may waive the five (5) day period if the next regular meeting of the Commission is scheduled within less than five (5) days from the date of the recommendation by the Sheriff. Sec. 6-2-73. Cancellation of licenses. (a) A license issued under this Ordinance expires on December 31 of the year in which issued, unless it expires or is revoked earlier pursuant to this section. (b) A license issued under this Ordinance expires upon the individual licensee ceasing to act as licensee for any reason unless an extension is granted pursuant to subsection (c) herein. (c) Failure to open for business. All applicants for licenses hereunder must, within one hundred eighty (180) days after the approval of said license, open for business the establishment referred to in the application and license and begin the sale of the product or products authorized by the license. Failure to open the establishment and begin the sales as referred to above within the 180 day period shall serve as automatic forfeiture and cancellation of the unused license, and no refund of license fee shall be made to the license holder. Any extension of time under this section shall be granted only by the Augusta-Richmond County Commission. (d) Ceasing of operations. Any holder of a license hereunder who shall begin the operation of the business and sale of the product and products as authorized in the license, but who shall thereafter cease to operate the business and sale of the product or products authorized in the license for a period of at least nine (9) months, shall automatically forfeit his license, which license shall, by virtue of said failure to operate, be cancelled without the necessity of any further action. Any extension of time under this section shall be granted only by the Commission. Sec. 6-2-74. Probation, suspension & revocation. Any license issued under this Ordinance may be put on probation, suspended and/or revoked by the Augusta-Richmond County Commission after a finding of due cause. Due cause for the probation, suspension or revocation of a license shall include but shall not be limited to, the following: Attachment number 1 \nPage 34 of 49 Item # 3 35 Augusta Alcohol Ordinance Proposed Amendments 20140626 (a) A violation of this Ordinance or any State or federal law governing the manufacture, transport, or sale of alcoholic beverages by the licensee or any person in his employ or in the employ of the establishment for which the license was issued. (b) The conviction of the licensee of a crime which would render him or her ineligible to apply for a license. The term conviction as used herein includes a plea of guilty or nolo contendere. (c) Failure by the licensee, or any person in his employ or in the employ of the establishment for which the license was issued, to adequately supervise and monitor the conduct of the employees, patrons and others on the licensed premises, or on any property owned or leased by the licensee, including but not limited to parking lots and parking areas, or on any parking lots or areas which may be lawfully used by patrons of a licensed establishment, in order to protect the safety and well-being of the general public and of those using the premises. (d) The revocation of the license or permit of the business to operate by any State, County, City or other governmental authority due to a violation of any law applicable to the business including, but not limited to, building codes and health codes. (e) Falsifying information or making any material misrepresentation on the application for a license under this Ordinance. Sec. 6-2-75. Procedure for probation, suspension & revocation. (a) Upon cause to believe that due cause exists for the probation, suspension or revocation of a license under this Ordinance, the Director of Planning & Development or head of any department authorized to inspect the licensed premises, shall file a complaint with the Augusta-Richmond County Commission. The Director of Planning & Development shall notify the licensee, in writing, of the time and place of the next meeting when such complaint shall be heard by the Commission or a committee thereof. Such Notice shall be deemed sufficient when mailed to licensee at the address of the location at least five (5) days prior to said hearing. (b) The Commission or committee thereof shall hear the evidence offered by the complaining authority herein and the evidence offered by the licensee. The licensee may be represented by counsel, may offer testimony by witnesses or any other evidence and may question the witnesses of the complaining authority. At the close of the evidence, the Committee shall revoke, suspend or sustain the license, or place the licensee on probation. (c) If the Commission or committee thereof decides to revoke or suspend the license(s), all licenses issued to the location shall be surrendered to the Director of Planning & Development and no alcohol shall be sold, served or consumed on the premises. (d) If the Commission or committee thereof decides to suspend the license(s), it shall state the number of days of the suspension. The licensee shall surrender the license or licenses to the Director of Planning & Development, who shall return the license(s) to the licensee at the end of the suspension period. No alcohol shall be sold, served or consumed at the location during the period of suspension. (e) If the Commission or committee thereof sustains the license, the license shall remain in effect as issued. (f) If the Commission or committee thereof decides to place the licensee on probation, it shall state the number of days of the probation. The licensee shall retain the license or licenses during the period of the probation period. Attachment number 1 \nPage 35 of 49 Item # 3 36 Augusta Alcohol Ordinance Proposed Amendments 20140626 (g) The decision of the Commission or committee thereof may be appealed by either the licensee or the complaining authority by serving notice in writing on the Commission Chief Administrative Officer within five (5) days of the day of the hearing before the Commission or committee thereof. The filing of a notice of appeal shall have no effect on the status of the license as decided by the Commission or committee thereof and if the license was placed on probation, suspended or revoked, it shall remain so until said status is changed by the Commission. (h) If a notice of appeal is filed with the Augusta-Richmond County Chief Administrative Officer, he/she shall notify the appellant of the next scheduled meeting of the Commission, at least five (5) days before the date of the meeting; provided, however, that the five (5) day period may be waived by agreement of both parties. (i) At the appeal hearing, the Commission shall hear the evidence offered by the complaining authority and the evidence offered by the licensee. The licensee may be represented by counsel, may offer testimony by witnesses or any other evidence and may question the witnesses of the complaining authority. At the close of the evidence, the Commission shall affirm or reverse its prior decision. (j) If the Commission decides to affirm its revocation of the license(s), all licenses issued to the location, if not already surrendered, shall be surrendered to the Director of Planning & Development and no alcohol shall be sold, served or consumed on the premises. (k) If the Commission decides to affirm its suspension of the license(s), it shall state the number of days of the suspension. The licensee shall surrender the license or licenses, if not already surrendered, to the Director of Planning & Development who shall return the license(s) to the licensee at the end of the suspension period. No alcohol shall be sold, served or consumed at the location during the period of suspension. (l) If the Commission reverses its prior action with regard to the license and the Director of Planning & Development has possession of the license or licenses, the license(s) shall be promptly returned to the licensee. (m) If the Commission or committee thereof decides to affirm its decision to place the licensee on probation, it shall state the number of days of the probation. The licensee shall retain the license or licenses during the period of the probation period. Sec. 6-2-76. Distance between locations of licensees. (a) No retail dealer license (Class F) for the sale of distilled spirits shall be issued to any applicant whose proposed location is within five hundred (500) yards or less from an existing location or establishment for which Augusta, Georgia has issued a retail dealer license for the sale of distilled spirits. (b) The distances provided for herein shall be measured in the same manner as provided in section 6-2-63(d) of this Ordinance. (c) The distance requirements provided for herein shall not be construed or interpreted as prohibiting an applicant, who is otherwise qualified, from being approved and granted a license which constitutes a transfer in ownership of an existing license for distilled spirits which was previously held by an owner or operator of an existing establishment. Sec. 6-2-77. License for single event; occasional license. Attachment number 1 \nPage 36 of 49 Item # 3 37 Augusta Alcohol Ordinance Proposed Amendments 20140626 (a) Application may be made for an occasional, single event license for on-premises consumption of alcoholic beverages as follows: (1) For-profit applicant. If the applicant is an agent for a for-profit business, the applicant must possess a valid license for the sale of alcoholic beverages for on- premises consumption under this chapter. (2) onprofit applicant. An agent for a non-profit organization may apply for a single event license whether or not he/she possesses a license under this chapter. (3) Advertisement. All persons, firms or corporations desiring to engage in the sale of alcoholic beverages for a single event shall give notice of their intention to make such application by advertisement in form prescribed by Augusta- Richmond County Director of Planning & Development. Advertising, as referred to in this section, means there shall be a sign posted thirty (30) days prior to the hearing of the application in a prominent position on the property (e.g., front window where it can be read from the road); also, all new license applicants shall be required to advertise three (3) times in the legal gazette (Augusta Chronicle) before applications are heard by the Commission. Advertising in the legal gazette shall be during the thirty-day period prior to the hearing of the application by the Commission. Before the application is presented to the Commission, the applicant shall furnish proof that the advertisement has been completed as required hereinabove. The above provisions regarding advertisement shall not apply to an application to sell alcoholic beverages in or on any museum, cultural center or facility, public park, playground, or building owned or operated by Augusta- Richmond County, Georgia Port Authority, or at a location on Riverwalk which has been designated as An Alcohol Beverage Location by Riverwalk Augusta, nor shall the above provisions regarding advertisement apply to events held by non- profit organizations. (4) Form; information to be provided. Application for a single event license must be made in writing as provided in section 6-2-58 hereof; provided, however, that no plat shall be required, but the approximate distance of the premises for which the license is being applied from the nearest church, school, library, public recreation area, housing authority property, or alcohol treatment center shall be stated on the application. (5) Date due; fee. The application for a license hereunder shall be made at least one (1) month prior to the date of the scheduled event and in sufficient time to allow for advertisement, as required herein. A regulatory fee of sixty dollars ($60.00) per day of the event shall be paid by certified check, cashier's check or money order made payable to the Augusta-Richmond County Commission. (Fees are subject to change / contact the Planning & Development Department for the current fee schedule.) (6) Occasional, single event. The event for which the occasional, single event license is sought may not exceed seven (7) calendar days in duration and the licensee shall not be eligible for an occasional event license more frequently than once every three (3) months, except in any area in which no advertisement is necessary pursuant to Section (a)(3) above. (7) Untrue or misleading information; material omissions. Any untrue or misleading information contained in, or material omission left out of, an Attachment number 1 \nPage 37 of 49 Item # 3 38 Augusta Alcohol Ordinance Proposed Amendments 20140626 application for a license hereunder shall be cause for the denial of the license; and, if any license has been granted under such circumstances, the license shall be subject to revocation. (8) Grounds for denial. In addition to the other grounds provided in this Ordinance for the denial of a license, an application for an occasional, single event license may be denied on one or more of the following grounds: a. The location or terrain for the proposed event may be hazardous to a person consuming alcoholic beverages. b. The number of anticipated attendants of the event renders the consumption of alcoholic beverages a danger to the safety of the public. c. The proposed location for the event is in an area in which numerous incidents requiring police intervention occurred. d. The applicant is not eligible for a license under this Ordinance pursuant to sections 6-2-61, 6-2-62 and/or 6-2-63. e. There is evidence from this or other jurisdictions that the activities combined with consumption of alcoholic beverages, may cause a danger to the safety of the attendants or the public. (9) Procedures. a. The Director of Planning & Development shall forward the application to the Recreation Department Director, if applicable, and then forward to the Richmond County Sheriff, who shall indicate his approval or disapproval of the application. The Sheriff may condition the approval of such application on the licensee's providing a sufficient number of security personnel for the protection of the public during the event. If approved, the application shall be forwarded back to the License & Inspection Department for issuance of the Single Event License. b. For such applications from applicants other than nonprofit organizations, the Director of Planning & Development shall thereafter submit the application to the Mayor of Augusta, together with a written report showing why the license should be granted or denied. The Mayor of Augusta shall consider the application and the report of the Sheriff and shall grant or deny the license. If the license is granted, the application shall be returned to the Director of Planning & Development showing that the license was granted. The Director of Planning & Development shall issue the license. The license shall be valid for the location, date(s) and time(s) specified therein only. The Mayor of Augusta may impose such additional restrictions and conditions on the license as deemed necessary for the safety of the attendants or the public. c. If the Sheriff denies the application, he shall return the application to the Director of Planning & Development together with a report in writing showing the reason(s) for the denial. The Director of Planning & Development shall promptly notify the applicant in writing of the reason(s) for the denial. (10) Appeal. An applicant may appeal the denial of a license under this subsection by filing written notice with the Augusta-Richmond County Commission Chief Administrative Officer within five (5) days of receiving notice of the denial. The Attachment number 1 \nPage 38 of 49 Item # 3 39 Augusta Alcohol Ordinance Proposed Amendments 20140626 Commission shall hear the evidence and make its determination at its next regularly scheduled meeting. Notice of the next scheduled meeting of the Commission shall be served on the applicant at least three (3) days prior to the meeting, unless the three-day period is waived by the applicant. The Commission shall receive evidence in the manner provided in section 6-2-74 herein and shall decide to uphold or reverse the decision of the Chairman-Mayor of Augusta- Richmond County. Secs. 6-2-78—6-2-100. Reserved. ARTICLE 3 EXCISE TAX MALT BEVERAGES, WHISKEY, WIE Sec. 6-2-101. Levy; schedule. Each wholesaler who sells to retailers located in Augusta, Georgia shall pay an excise tax in the amount of $0.22 per liter on the sale of liquors and wines, and an excise tax in the amount of $0.05 per 12 ounces on the sale of malt beverages (or proportionately thereof so as to graduate the tax on bottles, cans and containers of various sizes) plus an excise tax on malt beverages of $6.00 for each container of 15 and 1/2 gallons and a like rate for fractional parts thereof. Sec. 6-2-102. In addition to other license fees, etc. The excise tax provided for in this article shall be in addition to any license fee, tax or charge which may now or in the future be imposed upon the business of selling malt beverages, whiskey or wine at retail or wholesale, within Augusta-Richmond County. Sec. 6-2-103. Payment. The excise tax shall be paid as follows: Each wholesale dealer selling malt beverages within Augusta-Richmond County shall file with the Planning & Development Department a report by the tenth day of each month showing, for the preceding calendar month, the exact quantities of beverages by size and type of container, constituting a beginning and ending inventory for the month, sold within Augusta-Richmond County. Each such liquor and wine wholesale dealer shall also remit to the Planning & Development Department, on the twentieth of each month succeeding the calendar month in which such sales were made, the amount of excise tax due by check payable to the Augusta-Richmond County Commission, in accordance with this section, with no discount by state law. All books and records of each such wholesale dealer shall be subject to inspection and audit by the Planning & Development Department to verify compliance with this section. Wholesale dealers of whiskey and wine shall file this report by the twentieth day of each month. Sec. 6-2-104. Collection fee discount; penalties for nonpayment. (a) Each wholesale dealer of whiskey or wine shall be allowed to deduct two and one-half (21/2) percent as a collection fee on the excise tax collected each month. Upon the failure to make a timely report and remittance on the twentieth day of the month next succeeding the calendar month in which such sales were made, the collection fee shall be forfeited. Failure to Attachment number 1 \nPage 39 of 49 Item # 3 40 Augusta Alcohol Ordinance Proposed Amendments 20140626 make a timely report and remittance within thirty (30) days after the twentieth day of the month next succeeding the month in which such sales were made shall render a wholesale dealer liable for a penalty equal to ten (10) percent of the total amount due during the first thirty-day period following the date such report and remittance were due; and a further penalty of five (5) percent of the amount of such remittance for each successive thirty-day period, or any portion thereof, during which such report and remittance are not filed. The filing of a false or fraudulent report shall render the wholesale dealer making such report liable for a penalty equal to fifty (50%) percent of the amount of remittance which would be required under an accurate and truthful report. (b) Each wholesale dealer of malt beverages upon the failure to make a timely report and remittance on the tenth day of the month next succeeding the calendar month in which such sales were made shall render a wholesale dealer liable for a penalty equal to 5% of the amount due or $50, whichever is greater; and a further penalty of five (5) percent of the amount of such remittance for each successive thirty-day period, or any portion thereof, during which such report and remittance are not filed. The filing of a false or fraudulent report shall render the wholesale dealer making such report liable for a penalty equal to fifty (50%) percent of the amount of remittance which would be required under an accurate and truthful report. Sec. 6-2-105. Appropriation of beer excise tax revenue. All proceeds from the beer excise tax imposed by this article are hereby appropriated by the Augusta-Richmond County Commission. Secs. 6-2-106—6-2-115. Reserved. ARTICLE 4 MIXED DRIKS Sec. 6-2-116. Definitions. The following words, terms and phrases shall, for the purpose of this article, be defined as follows: (a) Alcoholic beverage. Any beverage containing alcohol obtained by distillation, including rum, whiskey, gin and other spirituous liquors by whatever name called, but not including malt beverages, fermented wines or fortified wines. (b) Person. An individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, nonprofit corporation or cooperative nonprofit membership, estate, trust, business trust, receiver, trustee, syndicate or any other group or combination acting a unit, the plural as well as the singular number, excepting the United States of America, the State of Georgia, and any political subdivision of either thereof upon which the Augusta-Richmond County Commission is without power to impose the tax herein provided. (c) Purchaser. Any person who orders and gives present or future consideration for any alcoholic beverages by the drink. (d) Licensee. Any person who holds a permit from Richmond County, the City of Augusta, or Augusta-Richmond County to sell alcoholic beverages by the drink. Attachment number 1 \nPage 40 of 49 Item # 3 41 Augusta Alcohol Ordinance Proposed Amendments 20140626 (e) Drink. Any alcoholic beverage served for consumption on the premises, which may or may not be diluted by any other liquid. (f) Purchase price. The consideration received for the sale of alcoholic beverages by the drink valued in money, whether received in cash or otherwise, including all receipts, cash, credits and property or services of any kind or nature and also the amount for which credit is allowed by the licensee to the purchaser, without any deduction therefrom whatsoever. (g) Agent. That person designated by a licensee in his application for a license to sell alcoholic beverages by the drink in Augusta-Richmond County. (h) Tax. The tax imposed by this article. (i) Monthly period. The calendar month of the year. (j) Director of Planning & Development. That person named as director of the Richmond County Planning & Development Department, or any designated representative thereof. Sec. 6-2-117. Imposition and rate of tax. There is hereby imposed and levied upon every sale of an alcoholic beverage purchased by the drink in Augusta-Richmond County a tax in the amount of three (3) percent of the purchase price of said beverage. Sec. 6-2-118. Purchaser's receipt; creditor deferred payment. Every licensee for the sale of alcoholic beverages by the drink operating a place of business in Augusta-Richmond County shall, at the time of collecting for food and drinks served, give to the purchaser a receipt on which the price of alcoholic beverages served shall be itemized separately. Where the charges for food and drink are satisfied by credit card or deferred payment at hotels or motels, the payment of the tax to the licensee may be deferred in a like manner; however, the licensee shall be liable therefor at the time and to the extent that such credits are incurred. Sec. 6-2-119. Persons liable for tax. Every licensee or his agent is hereby authorized and directed to collect the tax herein imposed from purchasers of alcoholic beverages by the drink sold within his licensed premises. Such licensee or his agent shall furnish such information as may be requested by the Director of Planning & Development to facilitate the collection of this tax. Sec. 6-2-120. Determinations, returns and payments. (a) Due date of taxes. All taxes collected by any licensee or agent hereunder shall be due and payable to the Director of Planning & Development of Augusta-Richmond County monthly on or before the twentieth day of every month next succeeding each respective monthly period, as set forth in section 6-2-103 herein. (b) Return; time of filing; persons required to file; execution. On or before the twentieth day of the month following each monthly period, a return for the preceding monthly period shall be filed with the Director of Planning & Development of Attachment number 1 \nPage 41 of 49 Item # 3 42 Augusta Alcohol Ordinance Proposed Amendments 20140626 Augusta-Richmond County in such form as the director may prescribe by every licensee or agent liable for the payment of tax hereunder. (c) Contents of return. All returns shall show the gross receipts from the sale of alcoholic beverages by the drink, amount of tax collected or authorized due for the related period, and such other information as may be required by the Director of Planning & Development. (d) Delivery of return and remittance. The person required to file the return shall deliver the return, together with the remittance of the net amount of tax due to Planning & Development Department, 1815 Marvin Griffin Road, Augusta, Ga. 30906, for Augusta-Richmond County. (e) Collection fee allowed operators. Operators collecting the tax shall be allowed to receive a percentage of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting and paying the amount due, if said amount is not delinquent at the time of payment. The rate of the deduction shall be the same rate authorized for deductions from state tax under the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. Laws, P. 360) as now or hereafter amended. Sec. 6-2-121. Deficiency determinations. (a) Recomputation of tax; authority to make; basis of recomputation. If the Director of Planning & Development is not satisfied with the return or returns of the tax, or the amount of the tax to be paid to the Augusta-Richmond County Commission by any person, he may compute and determine the amount required to be paid upon the basis of any information within his possession or that may come into his possession. One or more than one deficiency determination may be made of the amount due for one or more than one monthly period. (b) Interest on deficiency. The amount of the deficiency determination, exclusive of penalties, shall bear interest at the rate of one (1) percent per month or fraction thereof from the twentieth day after the close of the monthly period in which the amount or any portion thereof should have been returned until the date of payment. (c) Offsetting of overpayment. In making a deficiency determination, the Director of Planning & Development may offset overpayment, for a period or periods, against underpayment, for another period or periods, against penalties, and against the interest on underpayment. The interest on overpayment shall be computed in the manner set forth in subsection (b) above. (d) Penalty; negligence or disregard of rules and regulations. If any part of the deficiency for which a deficiency determination has been made is due to negligence or disregard of rules and regulations, a penalty of twenty-five (25) percent of the amount of such deficiency shall be added thereto. (e) Penalty for fraud or intent to evade. If any part of the deficiency for which a deficiency determination is made is due to fraud or an intent to evade any provisions of this article or other authorized rules and regulations, a penalty of fifty (50) percent of the deficiency shall be added thereto. (f) otice of Director of Planning & Development's dete rmination; service of. The Director of Planning & Development, or his designated representative, shall give to the licensee written notice of his deficiency determination. The notice may be served personally or by mail; if by mail such service shall be pursuant to O.C.G.A. § 9-11-4 and shall be addressed to the licensee at his address as it appears in the records of the Director of Planning & Development. In Attachment number 1 \nPage 42 of 49 Item # 3 43 Augusta Alcohol Ordinance Proposed Amendments 20140626 case of service by mail of any notice required by this article, the service is complete at the time of deposit in the United States Post Office. (g) Time within which notice of deficiency determination to be mailed. Except in the case of fraud, intent to evade this article or authorized rules or regulations, or failure to make a return, every notice of a deficiency determination shall be mailed within three (3) years after the twentieth day of every month following the monthly period for which the amount is proposed to be determined, or within three (3) years after the return is filed, whichever period should last expire. Sec. 6-2-122. Determination if no return made. (a) Estimate of gross receipts. If any licensee fails to make a return, the Director of Planning & Development shall make an estimate of the amount of the gross receipts of the licensee, or as the case may be, of the amount of the total sales in Augusta-Richmond County which are subject to the tax. The estimate shall be made for the period or periods in respect to which the licensee failed to make the return and shall be based upon any information which is in, or may come into, the possession of the Director of Planning & Development. Upon the basis of this estimate, the Director of Planning & Development shall compute and determine the amount required to be paid the Commission, adding to the sum thus determined a penalty equal to fifteen (15) percent thereof. One (1) or more deficiency determinations may be made for one (1) or for more than one (1) period. (b) Manner of computation; offsets; interest. In making a determination under this section, the Director of Planning & Development may offset overpayment for a period or penalties against the interest on the underpayment. The interest on underpayment shall be computed in the manner set forth in section 6-2-121(c). (c) Interest on amount found due. The amount of the determination under this section, exclusive of penalties, shall bear interest at the rate of one (1) percent per month, or fraction thereof, from the twentieth day of the month following the monthly period, for which the amount or any portion thereof should have been returned, until the date of payment. (d) Penalty for fraud or intent to evade. If the failure of any person to file a return is due to fraud or an intent to evade this article or rules and regulations, a penalty of twenty five (25) percent of the amount required to be paid by the person, exclusive of penalties, shall be added thereto in addition to the twenty (20) percent penalty provided in section 6-2-121(d). (e) Giving of notice; manner of service. Promptly after making his determination, the Director of Planning & Development shall give to the person written notice, to be served personally or by mail in the manner prescribed for service of notice of a deficiency determination. Sec. 6-2-123. Penalties and interest for failure to pay tax. Any licensee who fails to pay the tax herein imposed to the Augusta-Richmond County Commission, or fails to pay any amount of such tax required to be collected and paid to the Commission, within the time required, shall pay a penalty of ten (10) percent of the tax, or amount of the tax, in addition to the tax or amount of the tax, plus interest on the unpaid tax or any portion thereof, as set forth in section 6-2-121(b). Attachment number 1 \nPage 43 of 49 Item # 3 44 Augusta Alcohol Ordinance Proposed Amendments 20140626 Sec. 6-2-124. Collection of tax. (a) Security, Director of Planning & Development may exact; amount; sale of; notice of sale, return of surplus. The Director of Planning & Development, whenever he deems it necessary to ensure compliance with this article, may require any person subject hereto to deposit with him such security as the director may determine. The amount of the security shall be fixed by the director but shall not be greater than twice the person's estimated average liability for the period for which he files returns, determined in such a manner as the director deems proper, or ten thousand dollars ($10,000.00), whichever amount is the lesser. The amount of the security may be increased by the Director of Planning & Development subject to the limitations herein provided. The director may sell the security at public auction, with the approval of the Augusta-Richmond County Commission, if it becomes necessary to do so in order to recover any tax or any amount required to be collected, interest or penalty due. Notice of the sale may be served upon the person who deposited the security personally or by mail; if by mail, service shall be made in the manner prescribed for service of a notice of a deficiency determination and shall be addressed to the person at his address as it appears in the records of the Director of Planning & Development. Upon any sale, any surplus above the amounts due shall be returned to the person who deposited the security. (b) otice of delinquency to persons holding, credits o r property of delinquent; time for; duty of persons so notified. If any person is delinquent in the payment of the amount required to be paid by him, or in the event a determination has been made against him which remains unpaid, the Director of Planning & Development may, not later than three (3) years after the payment became delinquent, give notice thereof by registered mail to all persons in Augusta- Richmond County having in their possession or under their control any credits or other personal property belonging to the delinquent, or owing any debts to the delinquent. After receiving the notice, the persons so notified shall neither transfer nor make any other disposition of the credits, other personal property or debts in their possession or under their control at the time they receive the notice until the director consents to a transfer or disposition or until twenty (20) days elapse after the receipt of the notice. All persons so notified shall, within five (5) days after receipt of the notice, advise the director of all these credits, other personal property, or debts in their possession, under their control or owing by them. (c) Action for tax; time for. At any time within three (3) years after any tax or any amount of tax required to be collected becomes due and payable and at any time within three (3) years after the delinquency of any tax or any amount of tax required to be collected, the Director of Planning & Development may bring an action in the courts of this state, or any other state, or of the United States, in the name of the Augusta-Richmond County Commission, to collect the amount delinquent, together with penalties and interest, court fees, filing fees, attorney's fees and other legal fees incident thereto. (d) Duty of successors or assignees of operator to withhold tax from purchase money. If any operator liable for any amount under this article sells out his business or quits the business, his successors or assigns shall withhold sufficient of the purchase price to cover such amount due and owing until the former owner produces a receipt from the Director of Planning & Development showing that he has been paid or a certificate stating that no amount is due. (e) Liability for failure to withhold; certificate of notice of amount due; time to enforce successor's liability. If the purchaser of a business fails to withhold the purchase price as required under subsection (d) above, he becomes personally liable for the payment of the amount Attachment number 1 \nPage 44 of 49 Item # 3 45 Augusta Alcohol Ordinance Proposed Amendments 20140626 required to be withheld by him to the extent of the purchase price valued in money. Within thirty (30) days after receiving a written request from the purchaser for a certificate, the Director of Planning & Development shall either issue the certificate or mail notice to the purchaser at his address as it appears on the records of the Director of Planning & Development of the amount that must be paid as a condition of issuing the certificate. The time within which the obligation of a successor may be enforced shall start to run at the time the operator sells out his business or at the time that the determination against the operator becomes final, whichever event occurs later. (f) Refund of tax, penalty or interest paid more than once or illegally collected. Whenever the amount of any tax, penalty or interest has been paid more than once, or has been erroneously or illegally collected or received by Augusta-Richmond County under this Ordinance, it may be offset as provided in section 6-2-121(c) or it may be refunded, provided a verified claim in writing therefor, stating the specific ground upon which the claim is founded, is filed with the Director of Planning & Development within three (3) years from the date of payment. The claim shall be audited and shall be made on forms provided by the director. If the claim is approved by the director and the Augusta-Richmond County Commission, the excess amount collected or paid may be refunded or may be credited on any amounts then due and payable from the person from whom it was collected or by whom paid; and the balance may be refunded to this person, his administrators or executors. Sec. 6-2-125. Administration of article. (a) Authority of Director of Planning & Development. The Director of Planning & Development shall administer and enforce the provisions of this article for the levy and collection of the tax imposed by this article. (b) Rules and regulation. The Director of Planning & Development shall have the power and authority to make and publish reasonable rules and regulations not inconsistent with this article or other laws of Augusta-Richmond County and the State of Georgia, or the constitution of this state or the United States for the administration and enforcement of the provisions of this article and the collection of the taxes hereunder. (c) Records required for operators, etc.; form. Every licensee for the sale of alcoholic beverages by the drink in this county to a person shall keep such records, receipts, invoices and other pertinent papers in such form as the Director of Planning & Development may require. (d) Examination of records; audits. (1) The Director of Planning & Development, auditor of Augusta-Richmond County, or any person authorized in writing by the director, may examine the books, papers, records, financial reports, equipment and other facilities of any licensee liable for the tax, in order to verify the accuracy of any return made, or if no return is made by the licensee, to ascertain and determine the amount required to be paid. (2) Upon demand by the Director of Planning & Development, auditor, or designated representative, any person holding a license from Augusta-Richmond County, shall open to the Director of Planning & Development, auditor, or designated representative, his place or places of business for the purpose of enabling the director or his representative to ascertain and gain such information as may be necessary for determination of the proper classification of such license holder for license fee purposes and determination of the correct amount of license fee to which such person is subject. Upon demand by the Director of Planning & Attachment number 1 \nPage 45 of 49 Item # 3 46 Augusta Alcohol Ordinance Proposed Amendments 20140626 Development, or his designated representative, any person holding a license from Augusta-Richmond County shall furnish the director or his representative, during normal business hours at such person's place of business, all books of account, invoices, papers, reports and memoranda containing entries showing amount of purchases, sale receipts, inventory and other information, ascertained and from which the correct amount of the fee to which he is subject may be determined, including exhibition of bank deposit books, bank statements, and copies of sales tax reports, employee W-2’s, 1099 Forms, and any other such documents as Augusta-Richmond County may deem necessary. Any person holding a license from Augusta-Richmond County shall secure, preserve, maintain and keep for a period of three years the records and documents enumerated and referred to in this section. (e) Authority to require reports; contents. In administration of the provisions of this article, the Director of Planning & Development may require the filing of reports by any person or class of persons having in such person's or persons’ possession or custody information relating to sales of alcoholic beverages which are subject to the tax. The reports shall be filed with the Director of Planning & Development when required by the director and shall set forth the price charged for each sale, the date or dates of sale and such other information as the Director of Planning & Development may require. (f) Disclosure of business of operators, etc.; limitations on rule. The Director of Planning & Development or any person having an administrative duty under this article shall not make known in any manner the business affairs, operations or information obtained by an audit of books, papers, records, financial reports, equipment and other facilities of any licensee or any other person visited or examined in the discharge of official duty, or the amount of source of income, profits, losses, expenditures or any particular thereof, set forth or disclosed in any return, or to permit any return or copy thereof or any book containing any abstract or particulars thereof to be seen or examined by any person not having such administrative duty under this Ordinance, except in the case of judicial proceedings or other proceedings necessary to collect the tax hereby levied and assessed. Successors, receivers, trustees, executors, administrators, and assignees, if directly interested, may be given information as to the items included in the measure and amount of unpaid tax or amounts of tax required to be collected, interest and penalties. Sec. 6-2-126. Revocation of license. The continuous failure to pay the above prescribed tax shall render the dealer or person liable therefor subject to revocation of their alcoholic beverage license(s) in accordance with the procedures set out in the Code of Augusta-Richmond County. Sec. 6-2-127. Severability. If any section, provision, or clause of any part of this Ordinance shall be declared invalid or unconstitutional, or if the provisions of any part of this Ordinance as applied to any particular situation or set of circumstances shall be declared invalid or unconstitutional, such individuality shall not be construed to affect the portions of this Ordinance not so held to be invalid, or the application of this Ordinance to other circumstances not so held to be invalid. It is hereby Attachment number 1 \nPage 46 of 49 Item # 3 47 Augusta Alcohol Ordinance Proposed Amendments 20140626 declared as the intent that this Ordinance would have been adopted had such invalid portion not been included herein. Secs. 6-2-128—6-2-140. Reserved. ARTICLE 5. SALES OFF PREMISES FOR CATERED FUCTIOS Sec. 6-2-141. Definitions. As used in this chapter, the term: (a) Food caterer. Any person who prepares food for consumption off the premises. (b) Caterer - Licensed alcoholic beverage caterer. Any retail dealer who has been licensed by Augusta, Georgia pursuant to this chapter and pursuant to Georgia law. (c) Person. Any individual, company, corporation, association, partnership, or other legal entity. Sec. 6-2-142. Licensed alcoholic beverage caterers eligible for off-premise licenses; application fee. (a) Any licensed alcoholic beverage caterer who additionally holds a valid license from a county or municipality in the State of Georgia which authorizes the licensee to sell malt beverages or wine by the drink for consumption on the premises may be issued from Augusta an off-premise license which authorizes such licensed alcoholic beverage caterer to sell malt beverages or wine by the drink off premises and in connection with an authorized catered function. (b) Any licensed alcoholic beverage caterer who additionally holds a valid license from a county or municipality in the State of Georgia which authorizes the licensee to sell malt beverages or wine by the package for consumption off the premises may be issued from Augusta an off-premise license which authorizes such licensed alcoholic beverage caterer to sell malt beverages or wine by the drink off premises and in connection with an authorized catered function. (c) Any licensed alcoholic beverage caterer who additionally holds a valid license from a county or municipality in the State of Georgia which authorizes the licensee to sell distilled spirits by the drink for consumption on the premises may be issued from Augusta an off-premise license which authorizes such licensed alcoholic beverage caterer to sell distilled spirits by the drink off premises and in connection with an authorized catered function. (d) Any licensed alcoholic beverage caterer who additionally holds a valid license from a county or municipality in the State of Georgia which authorizes the licensee to sell distilled spirits by the package for consumption off the premises may be issued from Augusta an off- premise license which authorizes such licensed alcoholic beverage caterer to sell distilled spirits by the drink off premises and in connection with an authorized catered function. (e) An alcoholic beverage caterer shall make application for an off-premise license as provided in subsections (a) and (c) or subsections (b) and (d) of this Code section with the Augusta-Richmond County Commission through the Director of Planning & Development, and shall pay to Augusta an annual license fee in the amount of three hundred sixty-five ($365.00) dollars. Attachment number 1 \nPage 47 of 49 Item # 3 48 Augusta Alcohol Ordinance Proposed Amendments 20140626 Sec. 6-2-143. Event permits. In order to distribute or sell distilled spirits, malt beverages, or wine at an authorized catered function in Augusta, a licensed alcoholic beverage caterer shall be required to: (a) Apply to the Augusta-Richmond County Commission through the Director of Planning & Development for an event permit. Augusta shall charge a fee of twenty-five dollars ($25.00) for such event permit except as hereinafter provided for one whose alcoholic beverage caterer's license was issued by a political subdivision other than Augusta. The application shall include the name of the caterer; the date, address, and time of the event; and the licensed alcoholic beverage caterer's license number. When the catered function is domiciled in Augusta and the alcoholic beverage caterer's license was issued by a political subdivision other than Augusta, Augusta shall charge an event permit fee of fifty dollars ($50.00) and levy local excise taxes on the total quantity of alcoholic beverages brought into such political subdivision by the caterer. Applications for event permits should be made to the Director of Planning & Development in accordance with the provisions of this Chapter; and (b) Provide satisfactory reports to Augusta on forms provided by the Department of Planning & Development stating the quantity of any and all alcoholic beverages transported from the licensee's primary premises to the location of the authorized catered function and such other information as required by Augusta; and (c) Maintain original local event permits and documents required by Augusta in the vehicle transporting the alcoholic beverages to the catered function at all times. Sec. 6-2-144. Violations. (a) It shall be unlawful for a food caterer to distribute or sell distilled spirits, malt beverages, or wine off the premises of the food caterer's business without a license issued pursuant to this chapter. This subsection shall not affect any other provisions of this chapter which may require a food caterer who has a license to sell alcoholic beverages on the premises of the food caterer's business. (b) It shall be unlawful for a licensed alcoholic beverage caterer licensed under this chapter to distribute or sell distilled spirits, malt beverages, or wine off premises except in connection with an authorized catered function within the scope of the event permit. (c) It shall be unlawful for a licensed alcoholic beverage caterer to distribute or sell. (1) Distilled spirits in any jurisdiction which does not permit the sale of distilled spirits by the drink for consumption only on the premises. (2) Malt beverages or wine in any jurisdiction which does not permit the sale of malt beverages or wine by the drink for consumption only on the premises. (d) It shall be unlawful for a licensed alcoholic beverage caterer to distribute or sell distilled spirits, malt beverages, or wine during any hours in which the sale of alcoholic beverages by the drink for consumption only on the premises is not permitted by Augusta. (e) Sunday sales. An alcoholic beverage caterer wishing to cater an event or function on Sunday must comply with the requirements of state law with respect to the service of alcoholic beverages on Sunday. (f) It shall be unlawful for a licensed alcoholic beverage caterer to employ any person under twenty-one (21) years of age who, in the course of such employment, would dispense, serve, sell, or handle alcoholic beverages. It is the intent of this subsection to prevent any person Attachment number 1 \nPage 48 of 49 Item # 3 49 Augusta Alcohol Ordinance Proposed Amendments 20140626 employed by such caterer, or any other employee, to knowingly violate any prohibitions contained in this Code relating to furnishing alcoholic beverages to, and purchase and possession of alcoholic beverages by, a person under twenty-one (21) years of age. (g) Nothing in this chapter shall be construed to authorize the sale of alcoholic beverages by a caterer in any jurisdiction where the sale of distilled spirits by the drink for consumption only on the premises has not been legalized. (h) Any licensee hereunder, or any person employed by licensee or business for which the license was granted, who violates the provisions of this Code section shall subject the license of the licensee to suspension or revocation, and the individual shall be subject to trial and conviction of a misdemeanor and shall be punished as provided in section 1-6-1 of this Code. Sec. 6-2-145. Severability. If any section, provision, or clause or any part of this article shall be declared invalid or unconstitutional, or if the provisions of any part of this article as applied to any particular situation or set of circumstances shall be declared invalid or unconstitutional, such invalidity shall not be construed to affect the portions of this article not so held to be invalid, or the application of this article to other circumstances not so held to be invalid. It is hereby declared as the intent that this article would have been adopted had such invalid portion not been included herein. Attachment number 1 \nPage 49 of 49 Item # 3 Commission Meeting Agenda 9/2/2014 2:00 PM Alcohol Application Department:Planning & Development Caption:Motion to approve New Ownership Application: A. N. 14 - 30: request by Ryan J. Matheson for an on premise consumption Liquor, Beer and Wine license to be used in connection with Leiserv, LLC DBA Brunswick National Lanes located at 3067 Washington Rd. There will be Sunday Sales. District 7. Super District 10.(Approved by Public Services Committee August 25, 2014) Background:This is a new ownership application. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a pro - rated fee $3660.00. Alternatives: Recommendation:Planning & Development recommends approval. The RCSO recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 4 Attachment number 1 \nPage 1 of 2 Item # 4 Attachment number 1 \nPage 2 of 2 Item # 4 Attachment number 2 \nPage 1 of 1 Item # 4 Commission Meeting Agenda 9/2/2014 2:00 PM Alcohol Application Department:Planning & Development Caption:Motion to approve New Ownership Application: A. N. 14 - 31: request by Carl Frazier for an on premise consumption Liquor, Beer and Wine license to be used in connection with Red Lobster Restaurants, LLC DBA Red Lobster #0290 located at 2847 Washington Rd. There will be Sunday Sales. District 7. Super District 10.(Approved by Public Services Committee August 25, 2014) Background:This is a new ownership application. Formerly in the name of Gertrude Dyers. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a pro - rated fee of $3492.50. Alternatives: Recommendation:Planning & Development recommends approval. The RCSO recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 5 Attachment number 1 \nPage 1 of 2 Item # 5 Attachment number 1 \nPage 2 of 2 Item # 5 Attachment number 2 \nPage 1 of 2 Item # 5 Attachment number 2 \nPage 2 of 2 Item # 5 Commission Meeting Agenda 9/2/2014 2:00 PM Alcohol Application Department:Planning & Development Caption:Motion to approve New Ownership Application: A. N. 14 - 32: request by Carl Frazier for an on premise consumption Liquor, Beer and Wine license to be used in connection with Red Lobster Restaurants, LLC DBA Red Lobster #174 located at 440 Walton Way. There will be Sunday Sales. District 1. Super District 9. (Approved by Public Services Committee August 25, 2014) Background:This is a new ownership application. Formerly in the name of Gertrude Dyers. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance Financial Impact:The applicant will pay a pro - rated fee of $3492.50. Alternatives: Recommendation:Planning & Development recommends approval. The RCSO recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 6 Attachment number 1 \nPage 1 of 2 Item # 6 Attachment number 1 \nPage 2 of 2 Item # 6 Attachment number 2 \nPage 1 of 2 Item # 6 Attachment number 2 \nPage 2 of 2 Item # 6 Commission Meeting Agenda 9/2/2014 2:00 PM Executive Search Firm Selection Department:Augusta Regional Airport Caption:Motion to approve the selection of ADK Executive Search as the firm to assist the Augusta Aviation Commission in their search for a new Airport Executive Director upon the retirement of Mr. Gary Le Tellier as approved by the Augusta Aviation Commission at their July 31, 2014 meeting. (Approved by Public Services Committee August 25, 2014) Background:The Augusta Aviation Commission’s Executive Director, Mr. Gary Le Tellier, has announced his intention to retire at the end of January 2015. The Commission’s Chairman has asked the Commission’s Human Resources Committee to meet and discuss the development for a search process that will enable the selection of a new Chief Executive for the Commission by the end of January 2015. Analysis:The Human Resources Committee met and decided to solicit proposals from professional search firms similar in nature to the last search for an executive in 2009. A matrix of skills and requirements were developed by the committee and proposals were sought. Attached is a summary of criteria used for evaluation along with the firms evaluated and the minutes of those deliberations. The Augusta Aviation Human Resources Committee recommended the firm of ADK Executive Search and the Augusta Aviation Commission approved the recommendation. Financial Impact:A fee of $26,400.00 plus related expenses. Alternatives:Deny request. Recommendation:Approve the selection of ADK Director Search as the firm to assist the Augusta Aviation Commission in searching for the new Airport Executive Director. Funds are Available Cover Memo Item # 7 in the Following Accounts:511 08 1101 5211110 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 7 AUGUSTA REGIONAL AIRPORT (AGS) DIRECTOR SEARCH FIRM CRITERIA 1. AGS will research each firm’s background to determine qualifications: Number years of experience Number of candidates placed Types of Executive positions advertised and filled Principals and lead executives that will be assigned 2. AGS will research each firm’s search process and what steps are followed. 3. AGS will research each firm’s recruitment advertising and distribution to ascertain adequate circulation and length of search. 4. AGS will review proposed fee. 5. AGS will review and consider all guarantees relative to process and deliverables. Attachment number 1 \nPage 1 of 9 Item # 7 Attachment number 1 \nPage 2 of 9 Item # 7 Attachment number 1 \nPage 3 of 9 Item # 7 Attachment number 1 \nPage 4 of 9 Item # 7 Attachment number 1 \nPage 5 of 9 Item # 7 Attachment number 1 \nPage 6 of 9 Item # 7 Attachment number 1 \nPage 7 of 9 Item # 7 Attachment number 1 \nPage 8 of 9 Item # 7 Attachment number 1 \nPage 9 of 9 Item # 7 Attachment number 2 \nPage 1 of 1 Item # 7 Process Regarding Professional Services 1-10-53. Competitive selection procedures for professional and consultant services. As used in this section professional and consultant services, such as those provided by architects, engineers, investment banking, professional engineering, planning, landscape architects, land surveying, the medical arts, management and analysis, accounting or auditing, psychology or any other similar kind or type of professional practice which are normally obtained on a fee basis. This section shall not be applicable to services provided by attorneys or other professionals retained in connection with legal services. General Counsel shall be responsible for selecting attorneys and litigation related professionals. (a) Conditions for use. The Procurement Director, upon the request or recommendation of the using agency, shall procure professional and consultant services, in accordance with this section. (b) Statement of qualifications. The Procurement Director shall request and maintain statements of interest from persons interested in providing professional and consultant services that shall include a statement of qualifications and performance data for such persons. Each using agency shall encourage professional and consultant firms, which desire to provide services to the agency, to submit statements of qualifications to Procurement Director. Procurement Director may specify a uniform format for statements of qualifications. Persons may amend these statements at any time by filing a new statement. Any person placed on the qualifications list shall be removed if found in violation of any provision of this article or if such person is found in default under any contract with Augusta, Georgia. (c) Public notice. When requested by the using agency, Procurement Director shall issue public notice for requests for proposals from professional and consultant offerors as provided in section 1-10-50(c). (d) Selection. Procurement Director, in consultation and upon the recommendation of the head of the using agency, shall select from among the offerors no less than three (3) offerors (the "short-listed offerors") deemed to be the most responsible and responsive; provided, however, that if three (3) or less offerors respond to the solicitation, this requirement will not apply. The selection of the short-listed offerors shall be made in order of preference. From the date proposals are received by Procurement Director through the date the contract is awarded, no offeror may make substitutions, deletions, additions or other changes in the configuration or structure of the Attachment number 3 \nPage 1 of 2 Item # 7 offeror's teams or members of offeror's teams prior to award. The selection criteria shall include, but not be limited to, those contained in section 1-10- 52(g) and the following: (1) Previous experience demonstrating competence to perform work or services involved in the solicitation; (2) Past performance of previous contracts with respect to time of completion and quality of work; (3) The fee or compensation demanded for the services; (4) The ability to comply with applicable laws; (5) The ability to comply with the schedule of the commencement and completion of the services, as required by Augusta, Georgia; (6) The financial ability to furnish the necessary bonds to the extent necessary; (7) The financial condition of the offeror; and (8) The ability to provide staffing of management personnel, satisfactory to Augusta, Georgia. (e) Negotiations and award. Procurement Director shall negotiate a contract with the most responsible and responsive short-listed offeror at compensation that Procurement Director determines in writing to be fair and reasonable to Augusta, Georgia. In making this decision, Procurement Director shall take into account the estimated value, the scope, the complexity and the professional nature of the services to be rendered. Should Procurement Director be unable to negotiate a satisfactory contract with the offeror considered to be the most responsible and responsive at a price for Procurement Director determines to be fair and reasonable to Augusta, Georgia; negotiations with that offeror shall be terminated. Procurement Director shall then undertake negotiations with the second most responsible and responsive short-listed offeror. If negotiations with the second most responsible and responsive short-listed offeror are unsuccessful, negotiations shall be terminated and Procurement Director shall then undertake negotiations with the third most responsible and responsive short- listed offeror. Should Procurement Director be unable to negotiate a contract with any of the short-listed offerors, Procurement Director and the using agency may select from the additional offerors that were not short-listed in order of their responsibility and responsiveness and Procurement Director may continue negotiations in accordance with this section until an agreement is reached. Attachment number 3 \nPage 2 of 2 Item # 7 Commission Meeting Agenda 9/2/2014 2:00 PM Federal Administration Grant Department:Augusta Regional Airport Caption:Motion to approve the Federal Aviation Grant (FAA) 3-13-0011- 037-2014 for the Augusta Regional Airport in the amount of $1,256,526. This grant must be fully executed and returned to the FAA before September 15, 2014.(Approved by Public Services Committee August 25, 2014) Background:The Augusta Regional Airport applied for a grant from the Federal Aviation Administration to assist with the cost of the projects listed below: Environmental Assessment for Airfield Development East of Runway 17/35Aircraft Rescue Fire Fighting (ARFF) Apron Rehabilitation DesignTaxiway A Extension and Rehabilitation DesignNew Airfield Electrical Vault and Electrical System Audits for Airfield Lighting Circuits Design Airport Security Improvements Construction Analysis:The FAA has agreed to fund part of the above titled projects with a grant. Financial Impact:A grant of $1,256,526. Alternatives:Deny request. Recommendation:Approve request. Funds are Available in the Following Accounts: 551 08 1301-5412110 551 08 1301 5421110 551 08 1302 5421110 REVIEWED AND APPROVED BY: Finance. Law. Cover Memo Item # 8 Administrator. Clerk of Commission Cover Memo Item # 8 Attachment number 1 \nPage 1 of 6 Item # 8 Attachment number 1 \nPage 2 of 6 Item # 8 Attachment number 1 \nPage 3 of 6 Item # 8 Attachment number 1 \nPage 4 of 6 Item # 8 Attachment number 1 \nPage 5 of 6 Item # 8 Attachment number 1 \nPage 6 of 6 Item # 8 Commission Meeting Agenda 9/2/2014 2:00 PM FIBER OPTIC AND SECURITY CAMERA UPGRADE PROJECT Department:Augusta Regional Airport Caption:Motion to approve the selection of SDI-isys, LLCas the Fiber Optic and Security Camera upgrade Project Contractor as approved by the Augusta Aviation Commission at their July 31, 2014 Meeting.(Approved by Public Services Committee August 25, 2014) Background:The combination of advancing technology and higher security threat levels requires that the Augusta Regional Airport (Airport) periodically upgrade the security surveillance system. The existing Airport security surveillance and fire alarm monitoring system was installed during the construction of the terminal over six years ago. There are critical areas on the property that have minimal surveillance. Several building areas and parking lots do not have any surveillance or monitoring. Installation of fiber optic cable will be required for this project. The County Procurement Department issued a Request for Bids (RFB) for a Contractor to perform the tasks required by the design documents. As a result, three (3) bids were received. SDI-isys, LLC - $674.480.00 (Low Bidder) Netplanner - $875,261.33White Electrical Constructing - $1,374,627.47 Analysis:In reviewing the bids, it was determined that SDI-isys, LLC was the lowest, responsible and responsive bidder with a bid of $674,480.00. County Procurement has reviewed the information provided at the bid opening and found the information provided to be complete. A contract is being drafted to include all terms and conditions of the scope of work to be performed by SDI-I-SYS. Financial Impact:the contract is for $674,480.00 Alternatives:Deny request. Recommendation:Recommend the Augusta Commission approve SDI-isys, LLC as the Contractor for the Fiber Optic and Security Camera Upgrade Cover Memo Item # 9 Project at a cost of $674,480.00. Funds are Available in the Following Accounts: 551081301-5421110 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 9 Invitation to Bid Sealed bids will be received at this office on Friday, July 25, 2014 @ 11:00 a.m. for furnishing: Bid Item 14-181 Fiber Optic & Security Camera Upgrade Project for Augusta Regional Airport Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 706-821-2422 Bid documents may be examined at the office of the Augusta, GA Procurement Department, 530 Greene Street – Room 605, Augusta, GA 30901. Plans and specifications for the project shall be obtained by all prime, subcontractors and suppliers exclusively from Augusta Blue Print. The fees for the plans and specifications which are non-refundable is $60.00. It is the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate this policy the Owner is providing the opportunity to view plans online (www.augustablue.com) at no charge through Augusta Blue Print (706 722-6488) beginning Thursday, June 12, 2014. Bidders are cautioned that submitting a package without Procurement of a complete set are likely to overlook issues of construction phasing, delivery of goods or services, or coordination with other work that is material to the successful completion of the project. Bidders are cautioned that acquisition of documents through any other source is not advisable. Acquisition of documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. A Mandatory Pre Bid Conference will be held on Wednesday, July 9, 2014, @ 2:00 p.m. in the Procurement Department, 530 Greene Street, Room 200 West. Mandatory site visit to follow. 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, July 11, 2014 @ 5:00 p.m. No bid will be accepted by fax, all must be received by mail or hand delivered. No Bid may be withdrawn for a period of 60 days after time has been called on the date of opening. A 10% Bid bond is required to be submitted along with the bidders’ qualifications; a 100% performance bond and a 100% payment bond will be required for award. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. 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 June 12, 19, 26, July 3, 2014 Metro Courier June 18, 2014 Revised: 8/15/2011 Attachment number 1 \nPage 1 of 1 Item # 9 UNOFFICIAL VENDORS Attachment B E-Verify # SAVE Form Addendum 1 Bid Bond Bid Amount WHITE ELECTRICAL CONSTRUCTING 2305 LOUISVILLE ROAD SUITE 1 Yes 163494 Yes Yes Yes $1,374,627.47 SDI-I-SYS 2460 REMOUNT ROAD SUITE 106 NORTH CHARLESTON, SC Yes 673785 Yes Yes Yes $674,480.00 NETPLANNER 3100 NORTHWOODS PLACE, SUITE B NORCROSS, GA 30071 Yes 48892 Yes Yes Yes $875,261.33 The following vendors did not respond: GC & E SYSTEMS GROUP / 5835 PEACHTREE CORNERS EAST, SUITE A / NORCROSS, GA 30092 CARTER BROTHERS / 100 HARTSFIELD CENTRE PKWY SUITE 100 / ATLANTA, GA 30354 TYCO - SIMPLEX GRINNELL / 3243 SUNSET BLVD. / WEST COLUMBIA, SC 29169 CONVERGENT TECHNOLOGIES / 1555 OAKBROOK DRIVE, # 165 / NORCROSS, GA 30093 Bid Item #14-181 Fiber Optic & Security Camera Upgrade Project for Augusta, Georgia - Augusta Regional Airport Bid Due: Friday, July 25, 2014 @ 11:00 a.m. Page 1 of 1 Attachment number 2 \nPage 1 of 1 Item # 9 Attachment number 3 \nPage 1 of 3 Item # 9 Attachment number 3 \nPage 2 of 3 Item # 9 Attachment number 3 \nPage 3 of 3 Item # 9 Attachment number 4 \nPage 1 of 1 Item # 9 Attachment number 5 \nPage 1 of 4 Item # 9 Attachment number 5 \nPage 2 of 4 Item # 9 Attachment number 5 \nPage 3 of 4 Item # 9 Attachment number 5 \nPage 4 of 4 Item # 9 Commission Meeting Agenda 9/2/2014 2:00 PM Hybrid Restaurant Regulatory Fee Department:Planning & Development Department Caption:Motion to approve an Ordinance amending Augusta, Georgia Code, Title 2, Chapter 1, Article I, Administrative and Regulatory Fee Structure, Sections 2-1-3(c) so as to establish the Hybrid Restaurant regulatory fee as recommended by the Planning and Development Department. (Approved by Public Services Committee August 25, 2014) Background:The amendment to the Alcohol Ordinance that allows for the Hybrid Restaurant classification includes a regulatory fee that will support the additional services provided by the Planning & Development staff and Sheriff’s Office. Analysis:Staff from the Planning & Development Dept. and the Sheriff’s Office have reviewed the current Alcohol ordinance and identified sections that should be amended. The proposal included the Hybrid Restaurant classification that allows a restaurant to operate as a bar after 9:00 PM, provided the Hybrid Restaurant regulations are complied with. Financial Impact:Additional revenue: the $400 regulatory fee will be collected from all restaurants that choose to operate as a Hybrid Restaurant. Alternatives:Do not approve. Recommendation:Approve Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Cover Memo Item # 10 Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 10 PROPOSED ORDIACE AMEDMETS ARE UDERLIED. ORDINANCE NO. __________ AN ORDINANCE TO AMEND AUGUSTA-RICHMOND COUNTY CODE SECTION 2-1- 3(c) SO AS TO ESTABLISH THE HYBRID RESTAURANT REGULATORY FEE; TO PROVIDE AN EFFECTIVE DATE; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY COMMISSION, AND IT IS HEREBY ORDAINED BY AUTHORITY OF SAME AS FOLLOWS: Section 1. Augusta-Richmond County Code § 2-1-3(c), is hereby amended by deleting said subsection in its entirety, and substituting in lieu thereof the following, to-wit: Sec. 2-1-3 (c). The regulatory fee schedule for persons in occupations and professions shall be as set below, and may be amended from time to time: Adult Entertainment Establishments $3,479.00 per year Adult Entertainment (live) $140. per day Amusement Parks $696.00 per year Arcades $349.00 $350.00 per year Craft Show Promoters $418.00 per year Dance Hall License incidental to Alcohol License $140.00 per year Entertainment Venue: $349.00 per year Flea Markets 1 through 10 rental spaces $418.00 per year 11 or more rental spaces $696.00 per year Fortune Tellers $696.00 per year Going Out of Business Sales $140.00 per 90 days (May be renewed for 60 days) $140.00 Hybrid Restaurant $500.00 per year Second Hand Goods $140.00 per year Street Vendors $50.00 per day Temporary and Transient Vendors $175.00 per day Wreckers $36.00 per year Taxicabs $36.00 per year Limousines $36.00 per year Vending Machines (per machine) $9.00 per year. Salvage Yards $317.00 Section 2. This ordinance shall become effective November 1, 2014. Section 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Attachment number 1 \nPage 1 of 2 Item # 10 Duly adopted by the Augusta-Richmond County Commission this _________ day of ______________, 2014. AUGUSTA-RICHMOND COUNTY COMMISSION ATTEST: By:____________________________________ ________________________ As its Mayor Clerk First Reading: ______________________ Second Reading: ____________________ Attachment number 1 \nPage 2 of 2 Item # 10 Commission Meeting Agenda 9/2/2014 2:00 PM Proposed Amendments to the Hotel/Motel and Rental Motor Vehicle Excise Tax Codes. Department:Planning & Development Caption:Motion to approve an Ordinance amending Augusta, Georgia Code , Title 2, Chapter 2, Article 4, Excise Tax for Hotels/Motels, Sections 2-2-27 through Section 2-2-35; Article 5, Local Business License Tax on Depository Financial Institutions, Section 2-2-36 through Section 2-2-49; and Article 6, Tax Imposed (Rental Motor Vehicle), Sections 2-2-50 through 2-2-56 as recommended by the Planning and Development Department. (Approved by Public Services Committee August 25, 2014) Background:The Hotel / Motel Excise Tax ordinance and the Motor Vehicle Rental Excise Tax ordinance do not include specific and detailed regulations regarding the enforcement of tax collection and record keeping. Regarding Depository Financial Institutions, the code section numbering will change due to the amendments to the Hotel / Motel ordinance. Analysis:The proposed amendments are taken directly from the Alcohol Beverage Excise tax code and Wholesale Excise tax code. The amendments address deficiency determinations; determination if no return made; penalties and interest for failure to pay tax; collection of tax; and administration of the code. The approval of the proposed amendments will make the regulations for tax collection and record keeping uniform. Financial Impact:N/A Alternatives:Do not approve. Recommendation:Approve Funds are Available in the Following Accounts: N/A Cover Memo Item # 11 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 11 1 PROPOSED ORDIACE AMEDMETS ARE UDERLIED. ORDINANCE NO. ___________ AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE, TITLE 2, CHAPTER 2, ARTICLE 4, EXCISE TAX FOR HOTELS, MOTELS, ETC., SECTIONS 2-2-27 THROUGH SECTION 2-2-35; ARTICLE 5, LOCAL BUSINESS LICENSE TAX ON DEPOSITORY FINANCIAL INSTITUTIONS, SECTIONS 2-2-36 THROUGH SECTION 2-2-49; ARTICLE 6, TAX IMPOSED (RENTAL MOTOR VEHICLE), SECTIONS 2-2-50 THROUGH 2-2-56; SO AS TO PROVIDE REGULATIONS FOR THE COLLECTION OF EXCISE TAXES, TO AMEND THE NUMBERING OF THE SECTIONS DUE TO ADDITIONAL REGULATIONS, AND FOR TEXT CORRECTIONS; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS ANDORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. NOW, BE IT ORDAINED BY THE AUGUSTA, GEORGIA COMMISSION AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME THAT ALL BUSINESSES COLLECTING EXCISE TAXES FOR THE SALE OF ROOMS AND ALL BUSINESSES COLLECTING EXCISE TAXES FOR THE RENTAL OF VEHICLES WITHIN THE JURISDICTION SHALL COMPLY WITH THE PROVISIONS OF THE AUGUSTA, GA CODE, AS FOLLOWS: SECTION 1. Sections 2-2-27 through Section 2-2-35 of Augusta, Georgia Code Title 2, Chapter 2, Article 4, are hereby deleted by striking these sections in its entirety; AND new Sections 2-2-27 through Section 2-2-45 are hereby inserted to replace the repealed sections as set forth in “Exhibit A” hereto. SECTION 2. Sections 2-2-36 through Section 2-2-49 of Augusta, Georgia Code Title 2, Chapter 2, Article 5, are hereby deleted by striking these sections in its entirety; AND Sections 2-2-46 through Section 2-2-59 are hereby inserted to replace the repealed sections as set forth in “Exhibit A” hereto. SECTION 3. Sections 2-2-50 through Section 2-2-56 of Augusta, Georgia Code Title 2, Chapter 2, Article 6, are hereby deleted by striking these sections in its entirety; AND Sections 2-2-60 through Section 2-2-74 are hereby inserted to replace the repealed sections as set forth in “Exhibit A” hereto. SECTION 4. This ordinance shall become effective upon its adoption in accordance with applicable laws. Attachment number 1 \nPage 1 of 16 Item # 11 2 SECTION 5. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this ___ day of ___________, 2014. __________________________ Attest:______________________________ David S. Copenhaver Lena J. Bonner, Clerk of Commission As its Mayor Seal: Attachment number 1 \nPage 2 of 16 Item # 11 3 CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission on ________________, 2014 and that such Ordinance has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordinance which was approved and adopted in the foregoing meeting(s). ______________________________ Lena J. Bonner, Clerk of Commission Published in the Augusta Chronicle. Date: _________________________ Attachment number 1 \nPage 3 of 16 Item # 11 4 “EXHIBIT A” ARTICLE 4 EXCISE TAX FOR HOTELS, MOTELS, ETC. Sec. 2-2-27. Levied; amount. There is hereby levied and imposed an excise tax at the rate of six (6) percent of the charge to the public for and upon the furnishing for value to the public of any room or rooms, lodging or accommodations furnished by any person or legal entity within Augusta-Richmond County operating a hotel, motel, inn, lodge, tourist camp, tourist cabin or other place in which rooms, lodging or accommodations are regularly furnished for value. Such tax shall not include the sale or charges for any rooms, lodgings or accommodations furnished for a period of more than thirty (30) consecutive days, or for the use of meeting rooms. Sec. 2-2-28. Remittance; when due; interest and penalties on delinquent taxes. (a) Dealers shall pay the hotel and motel tax with such remittance form as prescribed by Augusta-Richmond County. Each dealer shall remit the tax to the Augusta-Richmond County Commission, Hotel and Motel Tax, P.O. Box 9270, Augusta, Georgia 30906, with check or money order payable to the Commission. (b) Such excise tax shall be paid monthly within twenty (20) days after the end of each month. (c) Any past due and delinquent taxes owed Augusta-Richmond County under this Article shall bear interest at the rate of one (1) percent per month from the date the tax is due until the date the tax is paid. When any dealer fails to make any return or to pay the full amount of the tax required by this Article, when due, there shall be imposed, in addition to other penalties provided by law, interest as provided herein, and forfeiture of the collection fee as provided in section 2-2-29, a further penalty to be added to the tax in the amount of five (5) percent or five dollars ($5.00), whichever is greater, if the failure is for not more than thirty (30) days and an additional five (5) percent or five dollars ($5.00), whichever is greater, for each additional thirty (30) days during which the failure continues. The penalty for any single violation shall not exceed twenty-five (25) percent or twenty-five dollars ($25.00), whichever is greater. If the failure is due to providential cause, shown to the satisfaction of the Tax Commissioner in affidavit form attached to the return and remittance is made within ten (10) days of the due date, the return may be accepted exclusive of penalties and interest. In the case of a fraud or fraudulent return or of a failure to file a return where willful intent exists to defraud Augusta-Richmond County of any tax due under this Article, a penalty of fifty (50) percent of the tax due shall be assessed. Sec. 2-2-29. Dealer's collection fee. Dealers collecting the hotel and motel tax shall be allowed a percentage of the tax due and accounted for in the amount of three (3) percent in the form of a deduction in submitting, reporting and paying the amount due, if such amount is not delinquent at the time of payment. Upon the failure to make a timely report and remittance by the twentieth day of the month next succeeding the month in which such sales were made, such collection fee shall be forfeited. Dealers shall pay such tax with such remittance form as prescribed by the Augusta-Richmond County Commission. Sec. 2-2-30. Verifications of books and records. Attachment number 1 \nPage 4 of 16 Item # 11 5 All books and records of each dealer shall be subject to inspection and audit by Augusta- Richmond County to verify compliance with this article. Sec. 2-2-31. In addition to other taxes. The excise tax provided for hereinabove shall be in addition to any license fee or occupation tax or charge which may now or in the future be imposed upon dealers within Augusta-Richmond County. Sec. 2-2-32. Distribution of proceeds (as determined by the Augusta Commission). (a) Sixteen and two-thirds (16 2/3) percent of the hotel-motel excise tax imposed by this section is hereby appropriated to the Augusta-Richmond County Coliseum Authority for the construction and expansion of the civic center or coliseum as provided in O.C.G.A. § 48-13- 51(a)(4), and such proceeds from the hotel-motel tax shall be delivered to such Authority each month. (b) An additional twenty-three and one-third (231/3) percent of the hotel-motel excise tax imposed by this section is hereby appropriated to the Augusta-Richmond County Coliseum Authority for the support, construction and expansion of the civic center or coliseum as provided in O.C.G.A. § 48-13-51(a)(4), and such proceeds fromthe hotel-motel tax shall be delivered to such Authority each month. (c) An additional ten (10) percent of the hotel-motel excise tax imposed by this section is hereby appropriated to the Augusta-Richmond County Coliseum Authority for the support of the civic center or coliseum as provided in O.C.G.A. § 48-13-51(a)(4), and such proceeds from the hotel- motel tax shall be delivered to such Authority each month. (d) Thirty-three and one-third (331/3) percent of the hotel-motel excise tax imposed by this section is hereby appropriated to the Augusta Convention and Visitors Bureau, Inc. (e) An additional sixteen and two-thirds (162/3) percent is hereby appropriated as follows: (1) For calendar year 1998, the full amount shall be paid to the Augusta-Richmond County Museum; (2) For calendar year 1999, Three Hundred Thousand Dollars ($300,000.00), to be paid in twelve (12) equal monthly payments, shall be paid to the Augusta-Richmond County Museum and the balance shall be paid to the Augusta Convention and Visitors Bureau, Inc., to be used solely as provided in subparagraph (f) hereof; (3) For calendar year 2002, Three Hundred Thousand Dollars ($300,000.00) shall be paid to the Augusta Museum of History and Seventy-five Thousand Dollars ($75,000.00) shall be paid to the Lucy Laney Craft Museum and the balance shall be paid to the Augusta Convention and Visitors Bureau, Inc., to be used solely as provided in subparagraph (f) hereof; (4) For calendar year 2001, One Hundred Thousand Dollars ($100,000.00), to be paid in twelve (12) equal monthly payments, shall be paid to the Augusta-Richmond County Museum and the balance shall be paid to the Augusta Convention and Visitors Bureau, Inc., to be used solely as provided in subparagraph (f) hereof; (5) For calendar year 2002 and each year thereafter, said amount shall be paid to the Augusta Convention and Visitors Bureau, Inc., to be used solely as provided in subparagraph (f) hereof. (f) Amounts paid to the Augusta Convention and Visitors Bureau, Inc. pursuant to subsection (e)(2) through (e)(5) hereof shall be used solely as provided in the contract between the Augusta Convention and Visitors Bureau, Inc. and Augusta, Georgia. Attachment number 1 \nPage 5 of 16 Item # 11 6 Sec. 2-2-33. Determinations, returns and payments. (a) Due date of taxes. All taxes collected by any licensee or agent hereunder shall be due and payable to the Director of Planning & Development of Augusta-Richmond County monthly on or before the twentieth day of every month next succeeding each respective monthly period, as set forth in section 2-2-28 herein. (b) Return; time of filing; persons required to file; execution. On or before the twentieth day of the month following each monthly period, a return for the preceding monthly period shall be filed with the Director of Planning & Development of Augusta-Richmond County in such form as the director may prescribe by every licensee or agent liable for the payment of tax hereunder. (c) Contents of return. All returns shall show the gross receipts from the sale of rooms, as defined in section 2-2-27, amount of tax collected or authorized due for the related period, and such other information as may be required by the Director of Planning & Development. (d) Delivery of return and remittance. The person required to file the return shall deliver the return, together with the remittance of the net amount of tax due to Planning & Development Department, 1815 Marvin Griffin Road, Augusta, Ga. 30906, for Augusta-Richmond County. (e) Collection fee allowed operators. Operators collecting the tax shall be allowed to receive a percentage of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting and paying the amount due, if said amount is not delinquent at the time of payment. The rate of the deduction shall be the same rate authorized for deductions from state tax under the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. Laws, P. 360) as now or hereafter amended. Sec. 2-2-34. Deficiency determinations. (a) Recomputation of tax; authority to make; basis of recomputation. If the Director of Planning & Development is not satisfied with the return or returns of the tax, or the amount of the tax to be paid to the Augusta-Richmond County Commission by any person, he may compute and determine the amount required to be paid upon the basis of any information within his possession or that may come into his possession. One or more than one deficiency determination may be made of the amount due for one or more than one monthly period. (b) Interest on deficiency. The amount of the deficiency determination, exclusive of penalties, shall bear interest at the rate of one (1) percent per month or fraction thereof from the twentieth day after the close of the monthly period in which the amount or any portion thereof should have been returned until the date of payment. (c) Offsetting of overpayment. In making a deficiency determination, the Director of Planning & Development may offset overpayment, for a period or periods, against underpayment, for another period or periods, against penalties, and against the interest on underpayment. The interest on overpayment shall be computed in the manner set forth in subsection (b) above. (d) Penalty; negligence or disregard of rules and regulations. If any part of the deficiency for which a deficiency determination has been made is due to negligence or disregard of rules and regulations, a penalty of twenty (20) percent of the amount of such deficiency shall be added thereto. (e) Penalty for fraud or intent to evade. If any part of the deficiency for which a deficiency determination is made is due to fraud or intent to evade any provisions of this article or other authorized rules and regulations, a penalty of fifty (50) percent of the deficiency shall be added thereto. Attachment number 1 \nPage 6 of 16 Item # 11 7 (f) otice of Director of Planning & Development’s dete rmination; service of. The Director of Planning & Development, or his designated representative, shall give to the licensee written notice of his deficiency determination. The notice may be served personally or by mail; if by mail such service shall be pursuant to O.C.G.A. § 9-11-4 and shall be addressed to the licensee at his address as it appears in the records of the Director of Planning & Development. In case of service by mail of any notice required by this article, the service is complete at the time of deposit in the United States Post Office. (g) Time within which notice of deficiency determination to be mailed. Except in the case of fraud, intent to evade this article or authorized rules or regulations, or failure to make a return, every notice of a deficiency determination shall be mailed within three (3) years after the twentieth day of every month following the monthly period for which the amount is proposed to be determined, or within three (3) years after the return is filed, whichever period should last expire. Sec. 2-2-35. Determination if no return made. (a) Estimate of gross receipts. If any licensee fails to make a return, the Director of Planning & Development shall make an estimate of the amount of the gross receipts of the licensee, or as the case may be, of the amount of the total sales in Augusta-Richmond County which are subject to the tax. The estimate shall be made for the period or periods in respect to which the licensee failed to make the return and shall be based upon any information which is in, or may come into, the possession of the Director of Planning & Development. Upon the basis of this estimate, the Director of Planning & Development shall compute and determine the amount required to be paid the Commission, adding to the sum thus determined a penalty equal to fifteen (15) percent thereof. One (1) or more deficiency determinations may be made for one (1) or for more than one (1) period. (b) Manner of computation; offsets; interest. In making a determination under this section, the Director of Planning & Development may offset overpayment for a period or penalties against the interest on the underpayment. The interest on underpayment shall be computed in the manner set forth in section 2-2-34(c). (c) Interest on amount found due. The amount of the determination under this section, exclusive of penalties, shall bear interest at the rate of one (1) percent per month, or fraction thereof, from the twentieth day of the month following the monthly period, for which the amount or any portion thereof should have been returned, until the date of payment. (d) Giving of notice; manner of service. Promptly after making his determination, the Director of Planning & Development shall give to the person written notice, to be served personally or by mail in the manner prescribed for service of notice of a deficiency determination. Sec. 2-2-36. Penalties and interest for failure to pay tax. Any licensee who fails to pay the tax herein imposed to the Augusta-Richmond County Commission, or fails to pay any amount of such tax required to be collected and paid to the Commission, within the time required, shall pay a penalty of ten (10) percent of the tax, or amount of the tax, in addition to the tax or amount of the tax, plus interest on the unpaid tax or any portion thereof, as set forth in section 2-2-34 (b). Sec. 2-2-37. Collection of tax. Attachment number 1 \nPage 7 of 16 Item # 11 8 (a) Security, Director of Planning & Development may exact; amount; sale of; notice of sale, return of surplus. The Director of Planning & Development, whenever he deems it necessary to ensure compliance with this article, may require any person subject hereto to deposit with him such security as the director may determine. The amount of the security shall be fixed by the director but shall not be greater than twice the person's estimated average liability for the period for which he files returns, or determined in such a manner as the director deems proper. The amount of the security may be increased by the Director of Planning & Development subject to the limitations herein provided. The director may sell the security at public auction, with the approval of the Augusta-Richmond County Commission, if it becomes necessary to do so in order to recover any tax or any amount required to be collected, interest or penalty due. Notice of the sale may be served upon the person who deposited the security personally or by mail; if by mail, service shall be made in the manner prescribed for service of a notice of a deficiency determination and shall be addressed to the person at his address as it appears in the records of the Director of Planning & Development. Upon any sale, any surplus above the amounts due shall be returned to the person who deposited the security. (b) otice of delinquency to persons holding, credits o r property of delinquent; time for; duty of persons so notified. If any person is delinquent in the payment of the amount required to be paid by him, or in the event a determination has been made against him which remains unpaid, the Director of Planning & Development may, not later than three (3) years after the payment became delinquent, give notice thereof by registered mail to all persons in Augusta-Richmond County having in their possession or under their control any credits or other personal property belonging to the delinquent, or owing any debts to the delin- quent. After receiving the notice, the persons so notified shall neither transfer nor make any other disposition of the credits, other personal property or debts in their possession or under their control at the time they receive the notice until the director consents to a transfer or disposition or until twenty (20) days elapse after the receipt of the notice. All persons so notified shall, within five (5) days after receipt of the notice, advise the director of all these credits, other personal property, or debts in their possession, under their control or owing by them. (c) Action for tax; time for. At any time within three (3) years after any tax or any amount of tax required to be collected becomes due and payable and at any time within three (3) years after the delinquency of any tax or any amount of tax required to be collected, the Director of Planning & Development may bring an action in the courts of this state, or any other state, or of the United States, in the name of the Augusta- Richmond County Commission, to collect the amount delinquent, together with penalties and interest, court fees, filing fees, attorney's fees and other legal fees incident thereto. (d) Duty of successors or assignees of operator to withhold tax from purchase money. If any operator liable for any amount under this article sells out his business or quits the business, his successors or assigns shall withhold sufficient of the purchase price to cover such amount due and owing until the former owner produces a receipt from the Director of Planning & Development showing that he has been paid or a certificate stating that no amount is due. (e) Liability for failure to withhold; certificate of notice of amount due; time to enforce successor's liability. If the purchaser of a business fails to withhold the purchase price as required under subsection (d) above, he becomes personally liable for the payment of the amount required to be withheld by him to the extent of the purchase price valued in money. Within thirty (30) days after receiving a written request from the purchaser for a certificate, the Director of Planning & Development shall either issue the certificate or mail notice to the purchaser at his Attachment number 1 \nPage 8 of 16 Item # 11 9 address as it appears on the records of the Director of Planning & Development of the amount that must be paid as a condition of issuing the certificate. The time within which the obligation of a successor may be enforced shall start to run at the time the operator sells out his business or at the time that the determination against the operator becomes final, whichever event occurs later. (f) Refund of tax, penalty or interest paid more than once or illegally collected. Whenever the amount of any tax, penalty or interest has been paid more than once, or has been erroneously or illegally collected or received by Richmond County, the City of Augusta, or Augusta-Richmond County under this Ordinance, it may be offset as provided in section 2-2-34 (c) or it may be refunded, provided a verified claim in writing therefor, stating the specific ground upon which the claim is founded, is filed with the Director of Planning & Development within three (3) years from the date of payment. The claim shall be audited and shall be made on forms provided by the director. If the claim is approved by the director and the Augusta-Richmond County Commission, the excess amount collected or paid may be refunded or may be credited on any amounts then due and payable from the person from whom it was collected or by whom paid; and the balance may be refunded to this person, his administrators or executors. Sec. 2-2-38. Administration of article. (a) Authority of Director of Planning & Development. The Director of Planning & Development shall administer and enforce the provisions of this article for the levy and collection of the tax imposed by this article. (b) Rules and regulation. The Director of Planning & Development shall have the power and authority to make and publish reasonable rules and regulations not inconsistent with this article or other laws of Augusta-Richmond County and the State of Georgia, or the constitution of this state or the United States for the administration and enforcement of the provisions of this article and the collection of the taxes hereunder. (c) Records required for operators, etc.; form. Every licensee for the sale of rooms, as defined in section 2-2-27, in this county shall keep such records, receipts, invoices and other pertinent papers in such form as the Director of Planning & Development may require. (d) Examination of records; audits. The Director of Planning & Development, auditor of Augusta-Richmond County, or any person authorized in writing by the director, may examine the books, papers, records, financial reports, equipment and other facilities of any licensee liable for the tax, in order to verify the accuracy of any return made, or if no return is made by the licensee, to ascertain and determine the amount required to be paid. (e) Authority to require reports; contents. In administration of the provisions of this article, the Director of Planning & Development may require the filing of reports by any person or class of persons having in such person's or persons' possession or custody information relating to sales of rooms which are subject to the tax. The reports shall be filed with the Director of Planning & Development when required by the director and shall set forth the price charged for each sale, the date or dates of sale and such other information as the Director of Planning & Development may require. (f) Disclosure of business of operators, etc.; limitations on rule. The Director of Planning & Development or any person having an administrative duty under this article shall not make known in any manner the business affairs, operations or information obtained by an audit of books, papers, records, financial reports, equipment and other facilities of any licensee or any other person visited or examined in the discharge of official duty, or the amount of source of income, profits, losses, expenditures or any particular thereof, set forth or disclosed in any return, Attachment number 1 \nPage 9 of 16 Item # 11 10 or to permit any return or copy thereof or any book containing any abstract or particulars thereof to be seen or examined by any person not having such administrative duty under this Ordinance, except in the case of judicial proceedings or other proceedings necessary to collect the tax hereby levied and assessed. Successors, receivers, trustees, executors, administrators, and assignees, if directly interested, may be given information as to the items included in the measure and amount of unpaid tax or amounts of tax required to be collected, interest and penalties. Sec. 2-2-39. Revocation of license. The continuous failure to pay the above prescribed tax shall render the dealer or person liable therefor subject to revocation of their Business Occupation Tax Certificate in accordance with the procedures set out in the Code of Augusta-Richmond County. Sec. 2-2-40. Severability. If any section, provision, or clause of any part of this Ordinance shall be declared invalid or unconstitutional, or if the provisions of any part of this Ordinance as applied to any particular situation or set of circumstances shall be declared invalid or unconstitutional, such individuality shall not be construed to affect the portions of this Ordinance not so held to be invalid, or the application of this Ordinance to other circumstances not so held to be invalid. It is hereby declared as the intent that this Ordinance would have been adopted had such invalid portion not been included herein. Secs. 2-2-41—2-2-45. Reserved. ARTICLE 5 LOCAL BUSIESS LICESE TAX O DEPOSITORY FIACIAL ISTITUTIOS Sec. 2-2-36 2-2-46. Tax imposed. In accordance with O.C.G.A. § 48-6-93 et seq., there is hereby imposed on each depository financial institution having an office located within Augusta-Richmond County an annual business license tax at a rate of twenty-five one hundredth (0.25) percent of said financial institution's "Georgia gross receipts," as defined in O.C.G.A. § 48-6- 95. The minimum annual amount of business license tax due from any depository financial institution pursuant to this section shall be one thousand dollars ($1,000.00). Sec. 2-2-37 2-2-47. Return. Pursuant to O.C.G.A. § 48-6-93(c), every depository financial institution subject to the tax levied in section 2-2-36(a), above, shall file a return of its gross receipts with theAugusta-Richmond County Commission by March 1 of each year following the year in which such gross receipts are measured. Said return shall be in the manner and in the form prescribed by the Commissioner of the Department of Revenue based on the allocation method set forth in O.C.G.A. § 48-6-93(d). The Augusta-Richmond County license and inspection department shall assess and collect the tax levied pursuant to this Article based upon the information provided in said return. Sec. 2-2-38 2-2-48. Due date. Taxes levied pursuant to this Article shall be due no later than thirty (30) days after filing of the return prescribed by section 2-2-34, above, unless extended by theAugusta-Richmond County Commission. Attachment number 1 \nPage 10 of 16 Item # 11 11 Secs. 2-2-49 — 2-2-59. Reserved. ARTICLE 6 TAX IMPOSED Sec. 2-2-50 2-2-60. Tax imposed. In accordance with O.C.G.A. § 48-13-90 et seq., there is hereby levied and imposed an excise tax at the rate of three (3) percent upon the rental charge collected by a rental motor vehicle concern when such charge constitutes a taxable event for purpose of sales and use tax under Georgia law. Sec. 2-2-51 2-2-61. Rental charges, rental motor vehicle and rental motor vehicle concern defined. (a) Rental charge. The total value received by a rental motor vehicle concern for the rental or lease for thirty-one (31) or fewer consecutive days of a rental motor vehicle, including the total cash and nonmonetary consideration for the rental or lease including, but not limited to, charges based on time or mileage and charges for insurance coverage or collision damage waiver but excluding all charges for motor fuel taxes or sales taxes. (b) Rental motor vehicle. A motor vehicle designed to carry ten (10) or fewer passengers and used primarily for the transportation of persons that is rented or leased without a driver regardless of whether such vehicle is licensed in this state. (c) Rental motor vehicle concern. A person or legal entity which owns or leases five (5) or more rental motor vehicles and which regularly rents or leases such vehicles to the public for value. Sec. 2-2-52 2-2-62 . Collection fee discount; penal ties for nonpayment. Rental motor vehicle concerns collecting the rental car excise tax shall be allowed a percentage of the tax due and accounted for in the amount of three (3) percent in the form of a deduction in submitting, reporting, and paying the amount due, provided the amount due is not delinquent at the time of payment. Upon the failure to make a timely report and remittance by the 20th day of the month next succeeding the month in which such sales were made, such collection fee shall be forfeited. Rental motor vehicle concerns shall pay such tax with such remittance form as prescribed by the Augusta-Richmond County Commission. Failure to make a timely report and remittance within thirty (30) days after the due date shall render a rental motor vehicle concern liable for a penalty equal to ten (10) percent of the total amount due during the first thirty-day period following the date such report and remittance were due; and a further penalty of five (5) percent of the amount of such remittance for each successive thirty-day period, or any portion thereof, during which such report and remittance are not filed. Sec. 2-2-53 2-2-63. Verification of books and records. All books and records of each rental motor vehicle concern shall be subject to inspection and audit by Augusta-Richmond County to verify compliance with this article. Sec. 2-2-54 2-2-64. Excise tax in addition to other taxes. Attachment number 1 \nPage 11 of 16 Item # 11 12 The excise tax provided for herein above shall be in addition to any license fee or occupational tax or charge which may now or in the future be imposed upon rental motor vehicle concerns within Augusta-Richmond County. Sec. 2-2-55 2-2-65. Proceeds to fund downtown parking facilities. The rental car excise tax provided for herein shall be used for retirement of debt in connection with the construction of the Riverfront Center Parking Deck, the Fort Discovery Parking Garage and the Greene Street Parking Garage and for the maintenance and operation expenses of said parking facilities, as provided in O.C.G.A. § 48-13-93. Sec. 2-2-56 2-2-66. Termination. The tax imposed pursuant to this article shall terminate not later than December 31, 2038, unless earlier terminated by the Augusta-Richmond County Commission. Sec. 2-2-67. Determinations, returns and payments. (a) Due date of taxes. All taxes collected by any licensee or agent hereunder shall be due and payable to the Director of Planning & Development of Augusta-Richmond County monthly on or before the twentieth day of every month next succeeding each respective monthly period, as set forth in section 2-2-52 herein. (b) Return; time of filing; persons required to file; execution. On or before the twentieth day of the month following each monthly period, a return for the preceding monthly period shall be filed with the Director of Planning & Development of Augusta-Richmond County in such form as the director may prescribe by every licensee or agent liable for the payment of tax hereunder. (c) Contents of return. All returns shall show the gross receipts from the rental of motor vehicles, as defined in section 2-2-51, amount of tax collected or authorized due for the related period, and such other information as may be required by the Director of Planning & Development. (d) Delivery of return and remittance. The person required to file the return shall deliver the return, together with the remittance of the net amount of tax due to Planning & Development Department, 1815 Marvin Griffin Road, Augusta, Ga. 30906, for Augusta-Richmond County. (e) Collection fee allowed operators. Operators collecting the tax shall be allowed to receive a percentage of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting and paying the amount due, if said amount is not delinquent at the time of payment. The rate of the deduction shall be the same rate authorized for deductions from state tax under the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. Laws, P. 360) as now or hereafter amended. Sec. 2-2-68. Deficiency determinations. (a) Recomputation of tax; authority to make; basis of recomputation. If the Director of Planning & Development is not satisfied with the return or returns of the tax, or the amount of the tax to be paid to the Augusta-Richmond County Commission by any person, he may compute and determine the amount required to be paid upon the basis of any information within his possession or that may come into his possession. One or more than one deficiency determination may be made of the amount due for one or more than one monthly period. (b) Interest on deficiency. The amount of the deficiency determination, exclusive of penalties, shall bear interest at the rate of one (1) percent per month or fraction thereof from the twentieth day after the close of the monthly period in which the amount or any portion thereof should have been returned until the date of payment. Attachment number 1 \nPage 12 of 16 Item # 11 13 (c) Offsetting of overpayment. In making a deficiency determination, the Director of Planning & Development may offset overpayment, for a period or periods, against underpayment, for another period or periods, against penalties, and against the interest on underpayment. The interest on overpayment shall be computed in the manner set forth in subsection (b) above. (d) Penalty; negligence or disregard of rules and regulations. If any part of the deficiency for which a deficiency determination has been made is due to negligence or disregard of rules and regulations, a penalty of twenty (20) percent of the amount of such deficiency shall be added thereto. (e) Penalty for fraud or intent to evade. If any part of the deficiency for which a deficiency determination is made is due to fraud or intent to evade any provisions of this article or other authorized rules and regulations, a penalty of fifty (50) percent of the deficiency shall be added thereto. (f) otice of Director of Planning & Development’s determination; service of. The Director of Planning & Development, or his designated representative, shall give to the licensee written notice of his deficiency determination. The notice may be served personally or by mail; if by mail such service shall be pursuant to O.C.G.A. § 9-11-4 and shall be addressed to the licensee at his address as it appears in the records of the Director of Planning & Development. In case of service by mail of any notice required by this article, the service is complete at the time of deposit in the United States Post Office. (g) Time within which notice of deficiency determination to be mailed. Except in the case of fraud, intent to evade this article or authorized rules or regulations, or failure to make a return, every notice of a deficiency determination shall be mailed within three (3) years after the twentieth day of every month following the monthly period for which the amount is proposed to be determined, or within three (3) years after the return is filed, whichever period should last expire. Sec. 2-2-69. Determination if no return made. (a) Estimate of gross receipts. If any licensee fails to make a return, the Director of Planning & Development shall make an estimate of the amount of the gross receipts of the licensee, or as the case may be, of the amount of the total sales in Augusta-Richmond County which are subject to the tax. The estimate shall be made for the period or periods in respect to which the licensee failed to make the return and shall be based upon any information which is in, or may come into, the possession of the Director of Planning & Development. Upon the basis of this estimate, the Director of Planning & Development shall compute and determine the amount required to be paid the Commission, adding to the sum thus determined a penalty equal to fifteen (15) percent thereof. One (1) or more deficiency determinations may be made for one (1) or for more than one (1) period. (b) Manner of computation; offsets; interest. In making a determination under this section, the Director of Planning & Development may offset overpayment for a period or penalties against the interest on the underpayment. The interest on underpayment shall be computed in the manner set forth in section 2-2-68 (c). (c) Interest on amount found due. The amount of the determination under this section, exclusive of penalties, shall bear interest at the rate of one (1) percent per month, or fraction thereof, from the twentieth day of the month following the monthly period, for which the amount or any portion thereof should have been returned, until the date of payment. Attachment number 1 \nPage 13 of 16 Item # 11 14 (d) Giving of notice; manner of service. Promptly after making his determination, the Director of Planning & Development shall give to the person written notice, to be served personally or by mail in the manner prescribed for service of notice of a deficiency determination. Sec. 2-2-70. Penalties and interest for failure to pay tax. Any licensee who fails to pay the tax herein imposed to the Augusta-Richmond County Commission, or fails to pay any amount of such tax required to be collected and paid to the Commission, within the time required, shall pay a penalty of ten (10) percent of the tax, or amount of the tax, in addition to the tax or amount of the tax, plus interest on the unpaid tax or any portion thereof, as set forth in section 2-2-68 (b). Sec. 2-2-71. Collection of tax. (a) Security, Director of Planning & Development may exact; amount; sale of; notice of sale, return of surplus. The Director of Planning & Development, whenever he deems it necessary to ensure compliance with this article, may require any person subject hereto to deposit with him such security as the director may determine. The amount of the security shall be fixed by the director but shall not be greater than twice the person's estimated average liability for the period for which he files returns, determined in such a manner as the director deems proper, or ten thousand dollars ($10,000.00), whichever amount is the lesser. The amount of the security may be increased by the Director of Planning & Development subject to the limitations herein provided. The director may sell the security at public auction, with the approval of the Augusta- Richmond County Commission, if it becomes necessary to do so in order to recover any tax or any amount required to be collected, interest or penalty due. Notice of the sale may be served upon the person who deposited the security personally or by mail; if by mail, service shall be made in the manner prescribed for service of a notice of a deficiency determination and shall be addressed to the person at his address as it appears in the records of the Director of Planning & Development. Upon any sale, any surplus above the amounts due shall be returned to the person who deposited the security. (b) otice of delinquency to persons holding, credits o r property of delinquent; time for; duty of persons so notified. If any person is delinquent in the payment of the amount required to be paid by him, or in the event a determination has been made against him which remains unpaid, the Director of Planning & Development may, not later than three (3) years after the payment became delinquent, give notice thereof by registered mail to all persons in Augusta-Richmond County having in their possession or under their control any credits or other personal property belonging to the delinquent, or owing any debts to the delinquent. After receiving the notice, the persons so notified shall neither transfer nor make any other disposition of the credits, other personal property or debts in their possession or under their control at the time they receive the notice until the director consents to a transfer or disposition or until twenty (20) days elapse after the receipt of the notice. All persons so notified shall, within five (5) days after receipt of the notice, advise the director of all these credits, other personal property, or debts in their possession, under their control or owing by them. (c) Action for tax; time for. At any time within three (3) years after any tax or any amount of tax required to be collected becomes due and payable and at any time within three (3) years after the delinquency of any tax or any amount of tax required to be collected, the Director of Planning & Development may bring an action in the courts of this state, or any other state, or of the United States, in the name of the Augusta- Richmond County Commission, to collect the amount Attachment number 1 \nPage 14 of 16 Item # 11 15 delinquent, together with penalties and interest, court fees, filing fees, attorney's fees and other legal fees incident thereto. (d) Duty of successors or assignees of operator to withhold tax from purchase money. If any operator liable for any amount under this article sells out his business or quits the business, his successors or assigns shall withhold sufficient of the purchase price to cover such amount due and owing until the former owner produces a receipt from the Director of Planning & Development showing that he has been paid or a certificate stating that no amount is due. (e) Liability for failure to withhold; certificate of notice of amount due; time to enforce successor's liability. If the purchaser of a business fails to withhold the purchase price as required under subsection (d) above, he becomes personally liable for the payment of the amount required to be withheld by him to the extent of the purchase price valued in money. Within thirty (30) days after receiving a written request from the purchaser for a certificate, the Director of Planning & Development shall either issue the certificate or mail notice to the purchaser at his address as it appears on the records of the Director of Planning & Development of the amount that must be paid as a condition of issuing the certificate. The time within which the obligation of a successor may be enforced shall start to run at the time the operator sells out his business or at the time that the determination against the operator becomes final, whichever event occurs later. (f) Refund of tax, penalty or interest paid more than once or illegally collected. Whenever the amount of any tax, penalty or interest has been paid more than once, or has been erroneously or illegally collected or received by Richmond County, the City of Augusta, or Augusta-Richmond County under this Ordinance, it may be offset as provided in section 2-2-68 (c) or it may be refunded, provided a verified claim in writing therefor, stating the specific ground upon which the claim is founded, is filed with the Director of Planning & Development within three (3) years from the date of payment. The claim shall be audited and shall be made on forms provided by the director. If the claim is approved by the director and the Augusta-Richmond County Commission, the excess amount collected or paid may be refunded or may be credited on any amounts then due and payable from the person from whom it was collected or by whom paid; and the balance may be refunded to this person, his administrators or executors. Sec. 2-2-72 Administration of article. (a) Authority of Director of Planning & Development. The Director of Planning & Development shall administer and enforce the provisions of this article for the levy and collection of the tax imposed by this article. (b) Rules and regulation. The Director of Planning & Development shall have the power and authority to make and publish reasonable rules and regulations not inconsistent with this article or other laws of Augusta-Richmond County and the State of Georgia, or the constitution of this state or the United States for the administration and enforcement of the provisions of this article and the collection of the taxes hereunder. (c) Records required for operators, etc.; form. Every licensee for the sale of rooms, as defined in section 2-2-27, in this county shall keep such records, receipts, invoices and other pertinent papers in such form as the Director of Planning & Development may require. (d) Examination of records; audits. The Director of Planning & Development, auditor of Augusta-Richmond County, or any person authorized in writing by the director, may examine the books, papers, records, financial reports, equipment and other facilities of any licensee liable for the tax, in order to verify the accuracy of any return made, or if no return is made by the licensee, to ascertain and determine the amount required to be paid. Attachment number 1 \nPage 15 of 16 Item # 11 16 (e) Authority to require reports; contents. In administration of the provisions of this article, the Director of Planning & Development may require the filing of reports by any person or class of persons having in such person's or persons' possession or custody information relating to sales of rooms which are subject to the tax. The reports shall be filed with the Director of Planning & Development when required by the director and shall set forth the price charged for each sale, the date or dates of sale and such other information as the Director of Planning & Development may require. (f) Disclosure of business of operators, etc.; limitations on rule. The Director of Planning & Development or any person having an administrative duty under this article shall not make known in any manner the business affairs, operations or information obtained by an audit of books, papers, records, financial reports, equipment and other facilities of any licensee or any other person visited or examined in the discharge of official duty, or the amount of source of income, profits, losses, expenditures or any particular thereof, set forth or disclosed in any return, or to permit any return or copy thereof or any book containing any abstract or particulars thereof to be seen or examined by any person not having such administrative duty under this Ordinance, except in the case of judicial proceedings or other proceedings necessary to collect the tax hereby levied and assessed. Successors, receivers, trustees, executors, administrators, and assignees, if directly interested, may be given information as to the items included in the measure and amount of unpaid tax or amounts of tax required to be collected, interest and penalties. Sec. 2-2-73. Revocation of license. The continuous failure to pay the above prescribed tax shall render the dealer or person liable therefor subject to revocation of their Business Occupation Tax Certificate in accordance with the procedures set out in the Code of Augusta-Richmond County. Sec. 2-2-74. Severability. If any section, provision, or clause of any part of this Ordinance shall be declared invalid or unconstitutional, or if the provisions of any part of this Ordinance as applied to any particular situation or set of circumstances shall be declared invalid or unconstitutional, such individuality shall not be construed to affect the portions of this Ordinance not so held to be invalid, or the application of this Ordinance to other circumstances not so held to be invalid. It is hereby declared as the intent that this Ordinance would have been adopted had such invalid portion not been included herein. Attachment number 1 \nPage 16 of 16 Item # 11 Commission Meeting Agenda 9/2/2014 2:00 PM Amend Ordinance Legal Meeting Department: Caption:Motion to approve amending Ordinance No. 7434 changing the meeting time for regular commission meetings for legal matters. (Requested by Commissioner Marion Williams) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 12 Attachment number 1 \nPage 1 of 3 Item # 12 Attachment number 1 \nPage 2 of 3 Item # 12 Attachment number 1 \nPage 3 of 3 Item # 12 Commission Meeting Agenda 9/2/2014 2:00 PM AN ORDINANCE TO AMEND THE FOLLOWING SECTIONS OF CHAPTER IV OF THE PERSONNEL POLICIES AND PROCEDURES MANUAL: 900.001, 900.006, 900.009, 900.011, 900.012 AND 900.202 WHICH RELATE TO SUBSTANCE ABUSE Department:Human Resources/Risk Management Caption:Motion to approve an Ordinance to Amend the Augusta, GA Code Title One Article Four Section 1-7-51 Relating to the Adoption of Personnel Policies and Procedures of Augusta, Georgia; To approve edits to the FOLLOWING SECTIONS OF Chapter IV of THE Personnel Policies and Procedures Manual: 900.001, 900.006, 900.009, 900.011, 900.012 and 900.202; To Repeal All MANUAL PROVISIONS, Code Sections and Ordinances and Parts of Code Sections and Ordinances in Conflict Herewith; To Provide an Effective Date and For Other Purposes. (Approved by the Commission August 5, 2014-second reading; referred from August 19 Commission meeting) Background:See attached. Analysis:See attached. Financial Impact:N/A. Alternatives:Decline to approve at this time. Recommendation:Approve. Funds are Available in the Following Accounts: N/A. REVIEWED AND APPROVED BY: Cover Memo Item # 13 1 Version 7-28-2014 ORDINANCE NO. ___________ AN ORDINANCE TO AMEND THE AUGUSTA, GA CODE TITLE ONE ARTICLE FOUR SECTION 1-7-51 RELATING TO THE ADOPTION OF PERSONNEL POLICIES AND PROCEDURES OF AUGUSTA, GEORGIA; TO APPROVE EDITS TO THE FOLLOWING SECTIONS OF CHAPTER IV OF THE PERSONNEL POLICIES AND PROCEDURES MANUAL: 900.001, 900.006, 900.009, 900.011, 900.012 AND 900.202; TO REPEAL ALL MANUAL PROVISIONS, CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. WHEREAS, Augusta, Georgia desires to update and amend the Code as related to Chapter IV of the Personnel Policies and Procedures Manual which contains provisions related to substance abuse; THE AUGUSTA, GEORGIA COMMISSION, ordains as follows: SECTION 1. Appendix B to the Augusta, Georgia Code as incorporated in AUGUSTA, GA. CODE Section 1-7-51, also known as the Augusta, Georgia Personnel Policy and Procedures Manual is hereby amended by striking the following sections of the version of the Manual passed on December 6, 2011 (via Ordinance Number 7311): Sections 900.001, 900.006, 900.009, 900.011, 900.012 and 900.202. The sections being stricken are shown on Exhibit A attached hereto. Such sections shall be replaced with identically numbered sections as shown on Exhibit B attached hereto. SECTION 2. This ordinance shall become effective on the first day of the first month following adoption in accordance with AUGUSTA, GA. CODE Section 1-7-51. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this _____ day of , 2014. ___________________________ David S. Copenhaver As its Mayor Attest: ______________________________ Lena J. Bonner, Clerk of Commission Seal: Attachment number 1 \nPage 1 of 13 Item # 13 2 Version 7-28-2014 CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta-Richmond County Commission on_________________, 2014 and that such Ordinance has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordinance which was approved and adopted in the foregoing meeting(s). ______________________________ Lena J. Bonner, Clerk of Commission Published in the Augusta Chronicle. Date: ______________________ First Reading: Second Reading: Attachment number 1 \nPage 2 of 13 Item # 13 3 Version 7-28-2014 Exhibit A STRIKE: Section 900.001 Policy and Purpose A. In recognition of the continued and growing problem of substance abuse, it is the policy of the Augusta, Georgia to take all reasonable measures to assure that drug and/or alcohol use by employees does not jeopardize the safety of its operations or otherwise adversely affect Augusta, Georgia employees, the community, or the public's trust in its ability to carry out its responsibilities. B. Augusta, Georgia cannot and will not tolerate lapses in employee’s ability to operate safely and productively. The policy of Augusta, Georgia is that if an employee required under this Policy to be tested for substance abuse either refuses or fails such test, the employee will be subject to disciplinary measures up to and including termination. Augusta, Georgia has a “Zero Tolerance” policy with respect to illegal substances. Employees found to be in violation of the “Zero Tolerance” policy will be terminated immediately. C. The employees’ cooperation with and adherence to the Augusta, Georgia’s policies and procedures regarding substance abuse are conditions of their continued employment. If an employee violates or is insubordinate by refusing to cooperate with any of these policies and procedures, the employee is subject to disciplinary measures up to and including termination. D. This Chapter contains the Augusta, Georgia Substance Abuse Policy. The use of the term "Augusta", in this document, refers to the Augusta, Georgia government. Augusta, Georgia will make a public announcement of this Policy. Employee training will be undertaken to ensure that each individual employee understands the Policy's requirements and his or her obligation to cooperate fully in the testing program. E. All references within this Policy to regulations, processes and procedures are available to any employee for review in the Risk Management Office located in Room 217, Municipal Building, 530 Greene Street, Augusta, Georgia 30911. F. Augusta, Georgia reserves the right to amend this Policy at any time, in its sole discretion, with 60 days' written notice to employees before implementation of the amendment(s). G. PRESCRIPT NOTE: Federal law requires testing of certain employees within transit systems and holders of Commercial Drivers Licenses (49 CFR Parts 40 & 655). The testing requirements and procedures for these employees may be different than for employees tested under authority of Augusta, Georgia. Where a requirement of this Policy differs as to regular and transit or CDL employees, such difference will be noted. From time to time Federal and State will update/revise their respective regulations. Attachment number 1 \nPage 3 of 13 Item # 13 4 Version 7-28-2014 When such updates/revisions occur they will automatically become a part of this policy when they become Final Rule. _______________________________________________________________________________ Section 900.006 Consequences for Violations A. The following violations will result in an employee being terminated in accordance with Augusta’s “Zero Tolerance” policy: 1. Employees who have drug test results confirmed by the Medical Review Officer a positive for a prohibitive substance, 2. Employees who have a confirmed alcohol content of .04 or above, while on duty, confirmed by an evidentiary breath testing devise or blood alcohol content, 3. Employees who refuse to test under the provisions of this policy, 4. Employees who adulterate or substitute their specimens and reported by GC/MS and confirmed by the MRO. B. CONSEQUENCES FOR OTHER VIOLATIONS : 1. Employees whose blood alcohol content is between .02 to .039 will be removed from duty for a minimum of 8 hours and will receive appropriate disciplinary action appropriate to the “Progressive discipline” policy provisions. 2. Negative Dilute when reported by the MRO will require a second test under direct observation _______________________________________________________________________________ Section 900.009 Actions Required for Positive Tests A. Laboratory. Once a specimen has been tested as positive on an initial screening, a confirmatory test will be conducted prior to the laboratory's reporting the specimen as a positive result. Such test shall be performed by GCMS method. 1. Regular Employees. Once confirmed, the laboratory will report the results with allied documentation to the MRO, through the DER /Risk Management Office. 2. Transit Employees and CDL Holders: All laboratory reports will be sent from the laboratory testing facility directly to the MRO. B. Medical Review Officer. The MRO will verify all positive test results by first reviewing laboratory reports, and confirming that a proper chain of custody (procedures to account for the integrity of each specimen by tracking its handling and storage from point of collection to final disposition) was followed. 1. The MRO will then contact the employee to discuss the positive result. 2. If verification of prescription drug use is required in connection with the MRO's investigation of a positive result, the MRO shall meet personally with the employee. 3. Otherwise, the MRO may contact the employee by telephone. Attachment number 1 \nPage 4 of 13 Item # 13 5 Version 7-28-2014 4. If the MRO finds that a valid medical reason explains the positive result, the MRO will report the test results to Risk Management as negative. 5. If the MRO is unable to find a valid medical reason for a positive result, the positive result will be reported to the Designated Employer Representative as positive. 6. As a qualified medical professional, the MRO's medical judgment cannot be overturned by an arbitrator, employer, or anyone else in the testing program (in accordance with Federal Regulations - 40.149) C. Risk Management. For all employees other than Transit Employees and CDL Holders, Risk Management receives positive reports from the laboratory and forwards those reports to the MRO. (Reports for Transit Employees and CDL Holders are forwarded from the laboratory directly to the MRO, as outlined in the Medical Review Officer section above. 1. Risk Management is informed of a confirmed positive test result, by the MRO; the Risk Manager (DER) will immediately contact the department of such results and have the employee immediately removed from duty. In accordance with Augusta’s “Zero Tolerance” policy, a confirmed positive test result for an illegal substance results in immediate termination from employment for a violation of this policy. D. Department Management. Upon notification by Risk Management that an employee has tested positive for an illegal substance, department management will immediately remove the employee from duty. E. Human Resources Department. Upon notification by Risk Management that an employee has tested positive for an illegal substance, the Human Resources Director will notify the employee that he/she has been terminated in accordance with Augusta’s “Zero Tolerance” policy and will notify the employee of their appeal rights as contained in Section 300.014 and provide employee with a list of substance abuse programs. Positive Alcohol Tests 1. An employee with a confirmed blood-alcohol level of 0.04 or higher is in violation of this Policy. Actions in Department Manager section above will apply. 2. Employees who are found to have an alcohol concentration of 0.02 or greater but less than 0.04 will not be permitted to perform the job duties until: The employee's alcohol concentration measures less than 0.02; or the start of the employee's next regularly scheduled duty period, but not less than eight hours following administration of the test. _______________________________________________________________________________ Section 900.011 Review of Termination An employee terminated pursuant to this chapter may appeal their termination in accordance with Section 300.014. Attachment number 1 \nPage 5 of 13 Item # 13 6 Version 7-28-2014 Section 900.012 Rehiring Terminated Employees A. Non safety-sensitive Employees being terminated for violation of this Policy will not be considered for rehire by Augusta, Georgia for a period of three months from the date the individual successfully completes an approved rehabilitation program (acceptable proof of completion of an approved rehabilitation program will be required before rehiring will be considered). B. Non safety-sensitive Employees who resign after being notified of a positive test result, by the MRO or through the administrative process, will not be considered for rehire by Augusta, Georgia, for a period of three months from the date the individual successfully completes an approved rehabilitation program. Acceptable proof of completion of an approved rehabilitation program will be required before rehiring will be considered. C. Except as provided in sub-section E below, safety-sensitive Employees being terminated for violation of this Policy will not be considered for rehire by Augusta, Georgia for a period of one-year from the date the individual successfully completes an approved rehabilitation program (acceptable proof of completion of an approved rehabilitation program will be required before rehiring will be considered). D. Safety-sensitive Employees who resign after being notified of a positive test result, by the MRO or through the administrative process, will not be considered for rehire in a safety- sensitive position for a period of one year from the date the individual successfully completes an approved rehabilitation program. Acceptable proof of completion of an approved rehabilitation program will be required before rehiring will be considered. E. Safety-sensitive Employees that are terminated (or resign) for a violation of this policy may be considered for rehire into a non-safety-sensitive position three months from the date the individual successfully completes an approved rehabilitation program. Acceptable proof of completion of an approved rehabilitation program will be required before rehiring will be considered. F. Any employee re-hired after being terminated (or resigning) for a violation of this policy is subject to additional random and non-random drug testing for a period of one year following their rehire date as provided in Section 900.202(E)(2). G. Any employee terminated for “test refusal” as defined by Section 900.004(S) shall not be eligible for rehire. _______________________________________________________________________________ Section 900.202 Rehabilitation Policy A. Voluntary Participation. 1. When a regular employee (not probationary, part-time or temporary) comes forward PRIOR to notification of a random or for-cause test or PRIOR to an accident and/or injury, seeking help with a substance abuse problem, that employee will be allowed to enter an approved rehabilitation program, as outlined below. The employee is subject to all of the provisions of the rehabilitation policy. Attachment number 1 \nPage 6 of 13 Item # 13 7 Version 7-28-2014 2. If a regular employee DOES NOT come forward as described above, and tests positive on an illegal substance screening, that employee will be immediately terminated from employment. 3. Any employee who desires to voluntarily participate in rehabilitation will be allowed to enter an approved detoxification and/or rehabilitation program with no Augusta, Georgia participation in cost other than as provided under the employee's group health insurance program. 4. The employee will be allowed the use of any accrued leave time (sick and/or vacation) during his or her absence from work for this treatment. If there is no leave time available, the employee will be placed on leave without pay. 5. Prior to returning to work, the employee shall submit to the Risk Management Division, in writing, proof of completion of the program and competence to return to work. 6. Employees who have completed a detoxification and/or rehabilitation program will not be afforded any further opportunity by Augusta, Georgia or through Augusta, Georgia's resources to re-enter a detoxification and/or rehabilitation program for a second time. B. Participation in Rehabilitation Directly through EAP. 1. If any employee comes forward voluntarily directly to the Employee Assistance Program (EAP) (without first going through either Human Resources or Risk Management), and the EAP finds that the employee is a risk to the safety of himself/herself and/or others, the EAP will notify Risk Management that the employee is seeking treatment directly through EAP. 2. The employee will not be terminated from employment unless the employee fails to enter and successfully complete the substance abuse program designed for him/her by the EAP; however, such employee shall be placed on leave until such time as he/she is no longer considered a risk to the safety of himself/herself and/or others. 3. The EAP will keep Augusta, Georgia informed of the employee's progress through the rehabilitation program. 4. The employee will be required to sign a statement prior to being admitted to the EAP acknowledging that Augusta, Georgia may be notified of his entry into the program under the above circumstances. C. Failure to Complete Rehabilitation. Employees who do not successfully complete a rehabilitation program will be terminated and may not be considered for re-hiring except as provided in Section 900.012. Acceptable proof of satisfactory completion of a rehabilitation program will be required before re-hiring will be considered. D. Disciplinary Action. Referral to the EAP does not deprive Augusta, Georgia of the option of taking disciplinary action against any employee in accordance with this Policy. E. Post-Rehabilitation 1. Any employee who successfully completes a rehabilitation program and returns to work will be considered a probationary employee for the next three-year period. a. The classification of "probationary" applies to substance abuse testing only, when used in the context of this Policy. The employee shall be responsible for the costs of such tests. b. An employee's refusal or failure of any such test will cause the employee to be immediately terminated. Attachment number 1 \nPage 7 of 13 Item # 13 8 Version 7-28-2014 2. Prior to returning to work, the employee will be tested for illegal substances and will be tested on an unannounced basis thereafter during the period of probation, said testing not to exceed 12 times each year. Attachment number 1 \nPage 8 of 13 Item # 13 9 Version 7-28-2014 Exhibit B REPLACE WITH: Section 900.001 Policy and Purpose A. In recognition of the continued and growing problem of substance abuse, it is the policy of the Augusta, Georgia to take all reasonable measures to assure that drug and/or alcohol use by employees does not jeopardize the safety of its operations or otherwise adversely affect Augusta, Georgia employees, the community, or the public's trust in its ability to carry out its responsibilities. B. Augusta, Georgia cannot and will not tolerate lapses in employee’s ability to operate safely and productively. The policy of Augusta, Georgia is that if an employee required under this Policy to be tested for substance abuse either refuses or fails such test, the employee will be subject to disciplinary measures up to and including termination. Augusta, Georgia has a “Zero Tolerance” policy with respect to illegal substances. Employees found to be in violation of the “Zero Tolerance” policy will be terminated immediately. C. The employees’ cooperation with and adherence to the Augusta, Georgia’s policies and procedures regarding substance abuse are conditions of their continued employment. If an employee violates or is insubordinate by refusing to cooperate with any of these policies and procedures, the employee is subject to disciplinary measures up to and including termination. D. This Chapter contains the Augusta, Georgia Substance Abuse Policy. The use of the term "Augusta", in this document, refers to the Augusta, Georgia government. Augusta, Georgia will make a public announcement of this Policy. Employee training will be undertaken to ensure that each individual employee understands the Policy's requirements and his or her obligation to cooperate fully in the testing program. E. All references within this Policy to regulations, processes and procedures are available to any employee for review in the Risk Management Office located in Room 217, Municipal Building, 530 Greene Street, Augusta, Georgia 30911. F. Augusta, Georgia reserves the right to amend this Policy at any time, in its sole discretion, with 60 days' written notice to employees before implementation of the amendment(s). G. PRESCRIPT NOTE: Federal law requires testing of certain employees within transit systems and holders of Commercial Drivers Licenses (49 CFR Parts 40 & 655). The testing requirements and procedures for these employees may be different than for employees tested under authority of Augusta, Georgia. Where a requirement of this Policy differs as to regular and transit or CDL employees, such difference will be noted. From time to time Federal and State will update/revise their respective regulations. Attachment number 1 \nPage 9 of 13 Item # 13 10 Version 7-28-2014 When such updates/revisions occur they will automatically become a part of this policy when they become Final Rule. _______________________________________________________________________________ Section 900.006 Consequences for Violations A. The following violations will result in an employee being terminated in accordance with Augusta’s “Zero Tolerance” policy: 1. Employees who have drug test results confirmed by the Medical Review Officer a positive for a prohibitive substance, 2. Employees who have a confirmed alcohol content of .04 or above, while on duty, confirmed by an evidentiary breath testing devise or blood alcohol content, 3. Employees who refuse to test under the provisions of this policy, 4. Employees who adulterate or substitute their specimens and reported by GC/MS and confirmed by the MRO. B. CONSEQUENCES FOR OTHER VIOLATIONS : 1. Employees whose blood alcohol content is between .02 to .039 will be removed from duty for a minimum of 8 hours and will receive appropriate disciplinary action appropriate to the “Progressive discipline” policy provisions. 2. Negative Dilute when reported by the MRO will require a second test under direct observation _______________________________________________________________________________ Section 900.009 Actions Required for Positive Tests A. Laboratory. Once a specimen has been tested as positive on an initial screening, a confirmatory test will be conducted prior to the laboratory's reporting the specimen as a positive result. Such test shall be performed by GCMS method. 1. Regular Employees. Once confirmed, the laboratory will report the results with allied documentation to the MRO, through the DER /Risk Management Office. 2. Transit Employees and CDL Holders: All laboratory reports will be sent from the laboratory testing facility directly to the MRO. B. Medical Review Officer. The MRO will verify all positive test results by first reviewing laboratory reports, and confirming that a proper chain of custody (procedures to account for the integrity of each specimen by tracking its handling and storage from point of collection to final disposition) was followed. 1. The MRO will then contact the employee to discuss the positive result. 2. If verification of prescription drug use is required in connection with the MRO's investigation of a positive result, the MRO shall meet personally with the employee. 3. Otherwise, the MRO may contact the employee by telephone. Attachment number 1 \nPage 10 of 13 Item # 13 11 Version 7-28-2014 4. If the MRO finds that a valid medical reason explains the positive result, the MRO will report the test results to Risk Management as negative. 5. If the MRO is unable to find a valid medical reason for a positive result, the positive result will be reported to the Designated Employer Representative as positive. 6. As a qualified medical professional, the MRO's medical judgment cannot be overturned by an arbitrator, employer, or anyone else in the testing program (in accordance with Federal Regulations - 40.149) C. Risk Management. For all employees other than Transit Employees and CDL Holders, Risk Management receives positive reports from the laboratory and forwards those reports to the MRO. (Reports for Transit Employees and CDL Holders are forwarded from the laboratory directly to the MRO, as outlined in the Medical Review Officer section above. 1. Risk Management is informed of a confirmed positive test result, by the MRO; the Risk Manager (DER) will immediately contact the department of such results and have the employee immediately removed from duty. In accordance with Augusta’s “Zero Tolerance” policy, a confirmed positive test result for an illegal substance results in immediate termination from employment for a violation of this policy. D. Department Management. Upon notification by Risk Management that an employee has tested positive for an illegal substance, department management will immediately remove the employee from duty. E. Human Resources Department. Upon notification by Risk Management that an employee has tested positive for an illegal substance, the Human Resources Director will notify the employee that he/she has been terminated in accordance with Augusta’s “Zero Tolerance” policy and will notify the employee of their appeal rights as contained in Section 300.014 and provide employee with a list of substance abuse programs. Positive Alcohol Tests 1. An employee with a confirmed blood-alcohol level of 0.04 or higher is in violation of this Policy. Actions in Department Manager section above will apply. 2. Employees who are found to have an alcohol concentration of 0.02 or greater but less than 0.04 will not be permitted to perform the job duties until: The employee's alcohol concentration measures less than 0.02; or the start of the employee's next regularly scheduled duty period, but not less than eight hours following administration of the test. _______________________________________________________________________________ Section 900.011 Review of Termination An employee terminated pursuant to this chapter may appeal their termination in accordance with Section 300.014. Section 900.012 Rehiring Terminated Employees A. Non safety-sensitive Employees being terminated for violation of this Policy will not be considered for rehire by Augusta, Georgia for a period of three months from the date the individual successfully completes an approved rehabilitation program (acceptable proof Attachment number 1 \nPage 11 of 13 Item # 13 12 Version 7-28-2014 of completion of an approved rehabilitation program will be required before rehiring will be considered). B. Non safety-sensitive Employees who resign after being notified of a positive test result, by the MRO or through the administrative process, will not be considered for rehire by Augusta, Georgia, for a period of three months from the date the individual successfully completes an approved rehabilitation program. Acceptable proof of completion of an approved rehabilitation program will be required before rehiring will be considered. C. Except as provided in sub-section E below, safety-sensitive Employees being terminated for violation of this Policy will not be considered for rehire by Augusta, Georgia for a period of one-year from the date the individual successfully completes an approved rehabilitation program (acceptable proof of completion of an approved rehabilitation program will be required before rehiring will be considered). D. Safety-sensitive Employees who resign after being notified of a positive test result, by the MRO or through the administrative process, will not be considered for rehire in a safety- sensitive position for a period of one year from the date the individual successfully completes an approved rehabilitation program. Acceptable proof of completion of an approved rehabilitation program will be required before rehiring will be considered. E. Safety-sensitive Employees that are terminated (or resign) for a violation of this policy may be considered for rehire into a non-safety-sensitive position three months from the date the individual successfully completes an approved rehabilitation program. Acceptable proof of completion of an approved rehabilitation program will be required before rehiring will be considered. F. Any employee re-hired after being terminated (or resigning) for a violation of this policy is subject to additional random and non-random drug testing for a period of one year following their rehire date as provided in Section 900.202(E)(2). G. Any employee terminated for “test refusal” as defined by Section 900.004(S) shall not be eligible for rehire. _______________________________________________________________________________ Section 900.202 Rehabilitation Policy D. Voluntary Participation. 1. When a regular employee (not probationary, part-time or temporary) comes forward PRIOR to notification of a random or for-cause test or PRIOR to an accident and/or injury, seeking help with a substance abuse problem, that employee will be allowed to enter an approved rehabilitation program, as outlined below. The employee is subject to all of the provisions of the rehabilitation policy. 2. If a regular employee DOES NOT come forward as described above, and tests positive on an illegal substance screening, that employee will be immediately terminated from employment. 3. Any employee who desires to voluntarily participate in rehabilitation will be allowed to enter an approved detoxification and/or rehabilitation program with no Augusta, Georgia participation in cost other than as provided under the employee's group health insurance program. Attachment number 1 \nPage 12 of 13 Item # 13 13 Version 7-28-2014 4. The employee will be allowed the use of any accrued leave time (sick and/or vacation) during his or her absence from work for this treatment. If there is no leave time available, the employee will be placed on leave without pay. 5. Prior to returning to work, the employee shall submit to the Risk Management Division, in writing, proof of completion of the program and competence to return to work. 6. Employees who have completed a detoxification and/or rehabilitation program will not be afforded any further opportunity by Augusta, Georgia or through Augusta, Georgia's resources to re-enter a detoxification and/or rehabilitation program for a second time. E. Participation in Rehabilitation Directly through EAP. 1. If any employee comes forward voluntarily directly to the Employee Assistance Program (EAP) (without first going through either Human Resources or Risk Management), and the EAP finds that the employee is a risk to the safety of himself/herself and/or others, the EAP will notify Risk Management that the employee is seeking treatment directly through EAP. 2. The employee will not be terminated from employment unless the employee fails to enter and successfully complete the substance abuse program designed for him/her by the EAP; however, such employee shall be placed on leave until such time as he/she is no longer considered a risk to the safety of himself/herself and/or others. 3. The EAP will keep Augusta, Georgia informed of the employee's progress through the rehabilitation program. 4. The employee will be required to sign a statement prior to being admitted to the EAP acknowledging that Augusta, Georgia may be notified of his entry into the program under the above circumstances. F. Failure to Complete Rehabilitation. Employees who do not successfully complete a rehabilitation program will be terminated and may not be considered for re-hiring except as provided in Section 900.012. Acceptable proof of satisfactory completion of a rehabilitation program will be required before re-hiring will be considered. D. Disciplinary Action. Referral to the EAP does not deprive Augusta, Georgia of the option of taking disciplinary action against any employee in accordance with this Policy. E. Post-Rehabilitation 1. Any employee who successfully completes a rehabilitation program and returns to work will be considered a probationary employee for the next three-year period. a. The classification of "probationary" applies to substance abuse testing only, when used in the context of this Policy. The employee shall be responsible for the costs of such tests. b. An employee's refusal or failure of any such test will cause the employee to be immediately terminated. 2. Prior to returning to work, the employee will be tested for illegal substances and will be tested on an unannounced basis thereafter during the period of probation, said testing not to exceed 12 times each year. Attachment number 1 \nPage 13 of 13 Item # 13 1 CHAPTER IV. SUBSTANCE ABUSE A. GENERAL Section 900.001 Policy and Purpose A. In recognition of the continued and growing problem of substance abuse, it is the policy of the Augusta, Georgia to take all reasonable measures to assure that drug and/or alcohol use by employees does not jeopardize the safety of its operations or otherwise adversely affect Augusta, Georgia employees, the community, or the public's trust in its ability to carry out its responsibilities. B. Augusta, Georgia cannot and will not tolerate lapses in employee’s ability to operate safely and productively. The policy of Augusta, Georgia is that if an employee required under this Policy to be tested for substance abuse either refuses or fails such test, the employee will be subject to disciplinary measures up to and including termination. Augusta, Georgia has a “Zero Tolerance” policy with respect to illegal substances. Employees found to be in violation of the “Zero Tolerance” policy will be terminated immediately. C. The employees’ cooperation with and adherence to the Augusta, Georgia’s policies and procedures regarding substance abuse are conditions of their continued employment. If an employee violates or is insubordinate by refusing to cooperate with any of these policies and procedures, the employee is subject to disciplinary measures up to and including termination. D. This Chapter contains the Augusta, Georgia Substance Abuse Policy. The use of the term "Augusta", in this document, refers to the Augusta, Georgia government. Augusta, Georgia will make a public announcement of this Policy. Employee training will be undertaken to ensure that each individual employee understands the Policy's requirements and his or her obligation to cooperate fully in the testing program. E. All references within this Policy to regulations, processes and procedures are available to any employee for review in the Risk Management Office located in Room 217, Municipal Building, 530 Greene Street, Augusta, Georgia 30911. F. Augusta, Georgia reserves the right to amend this Policy at any time, in its sole discretion, with 60 days' written notice to employees before implementation of the amendment(s). G. PRESCRIPT NOTE: Federal law requires testing of certain employees within transit systems and holders of Commercial Drivers Licenses (49 CFR Parts 40 & 655). The testing requirements and procedures for these employees may be different than for employees tested under authority of Augusta, Georgia. Where a requirement of this Policy differs as to regular and transit or CDL employees, such difference will be noted. Attachment number 2 \nPage 1 of 6 Item # 13 2 From time to time Federal and State will update/revise their respective regulations. When such updates/revisions occur they will automatically become a part of this policy when they become Final Rule. Section 900.006 Consequences for Violations A. The following violations will result in an employee being placed on three days administrative leave with pay with a recommendation of terminated in accordance with Augusta’s “Zero Tolerance” policy:ion. At such time the recommendation of termination will be forwarded to the Human Resources Director for review. The Human Resources Director will schedule a conference with the Administrator or his or her designee to review the recommended termination. 1. Employees who have drug test results confirmed by the Medical Review Officer a positive for a prohibitive substance, 2. Employees who have a confirmed alcohol content of .04 or above, while on duty, confirmed by an evidentiary breath testing devise or blood alcohol content, 3. Employees who refuse to test under the provisions of this policy, 4. Employees who adulterate or substitute their specimens and reported by GC/MS and confirmed by the MRO. B. CONSEQUENCES FOR OTHER VIOLATIONS : 1. Employees whose blood alcohol content is between .02 to .039 will be removed from duty for a minimum of 8 hours and will receive appropriate disciplinary action appropriate to the “Progressive discipline” policy provisions. 2. Negative Dilute when reported by the MRO will require a second test under direct observation Section 900.009 Actions Required for Positive Tests A. Laboratory. Once a specimen has been tested as positive on an initial screening, a confirmatory test will be conducted prior to the laboratory's reporting the specimen as a positive result. Such test shall be performed by GCMS method. 1. Regular Employees. Once confirmed, the laboratory will report the results with allied documentation to the MRO, through the DER /Risk Management Office. 2. Transit Employees and CDL Holders: All laboratory reports will be sent from the laboratory testing facility directly to the MRO. B. Medical Review Officer. The MRO will verify all positive test results by first reviewing laboratory reports, and confirming that a proper chain of custody (procedures to account for Attachment number 2 \nPage 2 of 6 Item # 13 3 the integrity of each specimen by tracking its handling and storage from point of collection to final disposition) was followed. 1. The MRO will then contact the employee to discuss the positive result. 2. If verification of prescription drug use is required in connection with the MRO's investigation of a positive result, the MRO shall meet personally with the employee. 3. Otherwise, the MRO may contact the employee by telephone. 4. If the MRO finds that a valid medical reason explains the positive result, the MRO will report the test results to Risk Management as negative. 5. If the MRO is unable to find a valid medical reason for a positive result, the positive result will be reported to the Designated Employer Representative as positive. 6. As a qualified medical professional, the MRO's medical judgment cannot be overturned by an arbitrator, employer, or anyone else in the testing program (in accordance with Federal Regulations - 40.149) C. Risk Management. For all employees other than Transit Employees and CDL Holders, Risk Management receives positive reports from the laboratory and forwards those reports to the MRO. (Reports for Transit Employees and CDL Holders are forwarded from the laboratory directly to the MRO, as outlined in the Medical Review Officer section above. Risk Management is informed of a confirmed positive test result, by the MRO; the Risk Manager (DER) will immediately contact the department of such results and have the employee immediately removed from duty. These test results will then be forwarded such results recommend to the Director of Human Resources. with a copy to be sent to the appropriate department director. 1. that In accordance with Augusta’s “Zero Tolerance” policy, a confirmed positive test result for an illegal substance results in immediate termination the employee should be placed on three days administrative leave with pay with a recommendation of termination from employment for a violation of this policy. D. Department Management. Upon notification by Risk Management that an employee has tested positive for an illegal substance or be under the influence of alcohol, department management will immediately remove the employee from duty. refer the and initiate a letter of termination to the employee to Human Resources for a decision regarding their termination, refer the employee to a Substance Abuse Professional and inform the employee of their right to appeal the decision. D.E. Human Resources Department. Upon notification by Risk Management that an employee has tested positive for an illegal substance, the Human Resources Director will notify the employee that he/she has been terminated the employee in accordance with Augusta’s “Zero Tolerance” policy and will notify the employee of their appeal rights as contained in Section 300.014 and provide employee with a list of substance abuse programs. Positive Alcohol Tests 1. An employee with a confirmed blood-alcohol level of 0.04 or higher is in violation of this Policy. Actions in Department Manager section above will apply. 2. Employees who are found to have an alcohol concentration of 0.02 or greater but less than 0.04 will not be permitted to perform the job duties until: The employee's alcohol concentration measures less than 0.02; or the start of the employee's next regularly scheduled duty period, but not less than eight hours following administration of the test. Attachment number 2 \nPage 3 of 6 Item # 13 4 Section 900.011 Review of Termination Recommendation The Human Resources Director or designee will schedule a grievance with the Administrator or designee to review the departmental recommendation of termination. The Administrator or designee will either uphold the recommendation for termination or reject the recommendation.An employee terminated pursuant to this chapter may appeal their termination in accordance with Section 300.014. Section 900.012 Rehiring Terminated Employees A. Non safety-sensitive Employees being terminated for violation of this Policy will not be considered for rehire by Augusta, Georgia for a period of onethree yearmonths from the date the individual successfully completes an approved rehabilitation program (acceptable proof of completion of an approved rehabilitation program will be required before rehiring will be considered). B. Non safety-sensitive Employees who resign after being notified of a positive test result, by the MRO or through the administrative process, will not be considered for rehire by Augusta, Georgia, for a period of three monthsone year from the date the individual successfully completes an approved rehabilitation program. Acceptable proof of completion of an approved rehabilitation program will be required before rehiring will be considered. C. Except as provided in sub-section E below, safety-sensitive Employees being terminated for violation of this Policy will not be considered for rehire by Augusta, Georgia for a period of one-year from the date the individual successfully completes an approved rehabilitation program (acceptable proof of completion of an approved rehabilitation program will be required before rehiring will be considered). D. Safety-sensitive Employees who resign after being notified of a positive test result, by the MRO or through the administrative process, will not be considered for rehire in a safety- sensitive position for a period of one year from the date the individual successfully completes an approved rehabilitation program. Acceptable proof of completion of an approved rehabilitation program will be required before rehiring will be considered. E. Safety-sensitive Employees that are terminated (or resign) for a violation of this policy may be considered for rehire into a non-safety-sensitive position three months from the date the individual successfully completes an approved rehabilitation program. Acceptable proof of completion of an approved rehabilitation program will be required before rehiring will be considered. Attachment number 2 \nPage 4 of 6 Item # 13 5 F. Any employee re-hired after being terminated (or resigning) for a violation of this policy is subject to additional random and non-random drug testing for a period of one year following their rehire date as provided in Section 900.202(E)(2). B.G. Any employee terminated for “test refusal” as defined by Section 900.004(S) shall not be eligible for rehire. Section 900.202 Rehabilitation Policy A. Voluntary Participation. 1. When a regular employee (not probationary, part-time or temporary) comes forward PRIOR to notification of a random or for-cause test or PRIOR to an accident and/or injury, seeking help with a substance abuse problem, that employee will be allowed to enter an approved rehabilitation program, as outlined below. The employee is subject to all of the provisions of the rehabilitation policy. 2. If a regular employee DOES NOT come forward as described above, and tests positive on an illegal substance screening, that employee will be immediately recommended for terminatedion from employment. 3. Any employee who desires to voluntarily participate in rehabilitation will be allowed to enter an approved detoxification and/or rehabilitation program with no Augusta, Georgia participation in cost other than as provided under the employee's group health insurance program. 4. The employee will be allowed the use of any accrued leave time (sick and/or vacation) during his or her absence from work for this treatment. If there is no leave time available, the employee will be placed on leave without pay. 5. Prior to returning to work, the employee shall submit to the Risk Management Division, in writing, proof of completion of the program and competence to return to work. 6. Employees who have completed a detoxification and/or rehabilitation program will not be afforded any further opportunity by Augusta, Georgia or through Augusta, Georgia's resources to re-enter a detoxification and/or rehabilitation program for a second time. B. Participation in Rehabilitation Directly through EAP. 1. If any employee comes forward voluntarily directly to the Employee Assistance Program (EAP) (without first going through either Human Resources or Risk Management), and the EAP finds that the employee is a risk to the safety of himself/herself and/or others, the EAP will notify Risk Management that the employee is seeking treatment directly through EAP. 2. The employee will not be terminated from employment unless the employee fails to enter and successfully complete the substance abuse program designed for him/her by the EAP; however, such employee shall be placed on leave until such time as he/she is no longer considered a risk to the safety of himself/herself and/or others. 3. The EAP will keep Augusta, Georgia informed of the employee's progress through the rehabilitation program. Attachment number 2 \nPage 5 of 6 Item # 13 6 4. The employee will be required to sign a statement prior to being admitted to the EAP acknowledging that Augusta, Georgia may be notified of his entry into the program under the above circumstances. C. Failure to Complete Rehabilitation. Employees who do not successfully complete a rehabilitation program will be terminated and may not be considered for re-hiring for a period of one year from the date an approved rehabilitation program was successfully completed except as provided in Section 900.012. Acceptable proof of satisfactory completion of a rehabilitation program will be required before re-hiring will be considered. D. Disciplinary Action. Referral to the EAP does not deprive Augusta, Georgia of the option of taking disciplinary action against any employee in accordance with this Policy. E. Post-Rehabilitation 1. Any employee who successfully completes a rehabilitation program and returns to work will be considered a probationary employee for the next three-year period. a. The classification of "probationary" applies to substance abuse testing only, when used in the context of this Policy. The employee shall be responsible for the costs of such tests. b. An employee's refusal or failure of any such test will cause the employee to be immediately terminated. 2. Prior to returning to work, the employee will be tested for illegal substances and will be tested on an unannounced basis thereafter during the period of probation, said testing not to exceed 12 times each year. Attachment number 2 \nPage 6 of 6 Item # 13 Commission Meeting Agenda 9/2/2014 2:00 PM Augusta Citizens Survey Department:Administrator's Office Caption:Discuss Augusta Citizen Survey Results. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 14 Commission Meeting Agenda 9/2/2014 2:00 PM Approve KME as Vendor to Refurbish Fire Department Tiller Aerial Truck Department:Fire Caption:Approve KME as the vendor to refurbish the Fire Department LTI (tiller aerial truck). The Augusta Fire Department has negotiated a final price of $278,105 that includes refurbishment of the LTI and a special option to retrofit the new axle with a new Hendricson air spring suspension at no extra cost. Background:The Fire Department has obtained bids through RFP #14-132A to refurbish a tiller aerial truck that cannot be put into service due to safety issues. Analysis:Refurbishing the Aerial Truck and correcting all safety issues will make it possible to place another truck in South Augusta, enhance the efficiency of our response times, and assist in improving our ISO rating. Financial Impact:Final negotiated price $278,105 to include all options. Alternatives:None Recommendation:To approve KME as the vendor to refurbish the Fire Department LTI. Funds are Available in the Following Accounts: Funds are available in account 274034110-54.22310 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Cover Memo Item # 15 Clerk of Commission Cover Memo Item # 15 Attachment number 1 \nPage 1 of 15 Item # 15 Attachment number 1 \nPage 2 of 15 Item # 15 Attachment number 1 \nPage 3 of 15 Item # 15 Attachment number 1 \nPage 4 of 15 Item # 15 Attachment number 1 \nPage 5 of 15 Item # 15 Attachment number 1 \nPage 6 of 15 Item # 15 Attachment number 1 \nPage 7 of 15 Item # 15 Attachment number 1 \nPage 8 of 15 Item # 15 Attachment number 1 \nPage 9 of 15 Item # 15 Attachment number 1 \nPage 10 of 15 Item # 15 Attachment number 1 \nPage 11 of 15 Item # 15 Attachment number 1 \nPage 12 of 15 Item # 15 Attachment number 1 \nPage 13 of 15 Item # 15 Attachment number 1 \nPage 14 of 15 Item # 15 Attachment number 1 \nPage 15 of 15 Item # 15 Attachment number 2 \nPage 1 of 1 Item # 15 Fire Trucks Unlimited Attn: Dave Harris 7451 Eastgate Road Henderson, NV 89011 moved Logan Fire Apparatus Attn: Paul Logan/Kim Browning-Logan 3580 Indian Trail Suffolk, VA 23434 KME-Kovatch Organization Attn: William Gray One Industrial Complex Nesquehoning, PA 18240 NAFECO/KME Attn: Wendell Faulkner/Doris Thrasher 1515 West Moulton Street Decatur, AL 35601 KME-Kovatch Organization Attn: Shannon Carter 1708 Seibel Drive Roanoke, VA 24012 Fire Trucks Unlimited Attn: Dave Harris 1175 Center Point Dr. Henderson, NV 89074 Lea Rigdon Augusta Fire Department Yvonne Gentry Augusta LSBOP Office Chief Chris James Augusta Fire Department RFP Item #14-132A Tiller Aerial Ladder Truck Refurbishment For Augusta Fire Department Mailed Out May 28, 2014 RFP Item #14-132A Tiller Aerial Ladder Truck Refurbishment For Augusta Fire Department RFP Due: June 17, 2014 @ 11:00 A.M. Attachment number 3 \nPage 1 of 1 Item # 15 Attachment number 4 \nPage 1 of 1 Item # 15 Attachment number 5 \nPage 1 of 1 Item # 15 Request for Proposal Request for Proposals will be received at this office until Wednesday, April 16, 2014 @ 11:00 a.m. for furnishing: RFP Item #14-132 Tiller Aerial Ladder Truck Refurbishment for Augusta Fire 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. A Mandatory Pre Proposal Conference will be held on Friday, March 28, 2014 @ 10:00 a.m. in the Procurement Department, 530 Greene Street, Room 605. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Tuesday, April 1, 2014 @ 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 March 6, 13, 20, 27, 2014 Metro Courier March 13, 2014 Revised: 3/5/2013 Attachment number 6 \nPage 1 of 1 Item # 15 UNOFFICIAL VENDORS Attach. B E-Verify # SAVE Form Add. 2 Bid Bond Original 7 Copies Fee Proposal NAFECO/KME 1515 West Moulton St Decatur, AL 35601 YES 249836 YES YES YES YES YES YES Firetruck Unlimited LLC 7451 Eastgate Road Henderson, NV 89011 YES 344165 YES YES YES YES YES YES RFP Opening RFP Item #14-132A Tiller Aerial Ladder Truck Refurbishment for Augusta, Georgia - Augusta Fire Department RFP Due: Tuesday, June 17, 2014 @ 11:00 a.m. Page 1 of 1 Attachment number 7 \nPage 1 of 1 Item # 15 Evaluation Criteria PTS NAFECO/KME 1515 West Moulton St Decatur, AL 35601 Firetruck Unlimited LLC 7451 Eastgate Road Henderson, NV 89011 1. Vendor’s ability to comply with specifications 40 38 27 2. Quality, professionalism and conciseness of proposal and of any required supplemental submission 10 10 6 3. Vendor’s qualifications, experience, references 35 31 22 4. References (include specific individuals with addresses and telephone numbers 10 0 7 5. Proposed Fee (must provide on attached fee proposal form and enclose in separate sealed envelope) • Lowest 5 point • Second 4 points • Third 3 points • Fourth 2 points • Highest 1 points 5 5 4 Total 100 84 66 Cumulative Evaluation Sheet RFP Item #14-132A Tiller Aerial Ladder Truck Refurbishment for Augusta, Georgia - Augusta Fire Department Attachment number 8 \nPage 1 of 1 Item # 15 Attachment number 9 \nPage 1 of 1 Item # 15 Attachment number 10 \nPage 1 of 3 Item # 15 Attachment number 10 \nPage 2 of 3 Item # 15 Attachment number 10 \nPage 3 of 3 Item # 15 Attachment number 11 \nPage 1 of 1 Item # 15 Commission Meeting Agenda 9/2/2014 2:00 PM Motion to Approve Resolution Reaffirming 911, Wireless Enhanced 911, and Prepaid Wireless 911 Fees Department:911 Caption:Motion to approve Resolution Reaffirming 911, Wireless Enhanced 911, and Prepaid Wireless 911 Fees. Background:911 is considering an RFP to have 911 collection fees audited. This resolution simply reaffirms Augusta's desire to collect the fees to the maximum extent allowable by law so that we can ensure the highest amount of money from an audit. Analysis: Financial Impact: Alternatives:Deny Recommendation:Approve Funds are Available in the Following Accounts: None REVIEWED AND APPROVED BY: Administrator Clerk of Commission Cover Memo Item # 16 RESOLUTION A RESOLUTION REAFFIRMING THE NECESSITY OF 911, WIRELESS ENHANCED 911, AND PREPAID WIRELESS 911 CHARGES WHEREAS, the Board of Commissioners of Richmond County, on October 8, 1991, imposed a $1.50 per month "911" charge upon each telephone service subscribed to by telephone subscribers whose exchange to access lines are in areas served by the Augusta (formerly Augusta-Richmond County) 911 service; and WHEREAS, said charge became effective the first day of the first month following passage or 120 days after October 8, 1991; and WHEREAS, “telephone service”, as defined by O.C.G.A. § 46-5-122, has been expanded to include “any technology that delivers or is required by law to deliver a call to a public safety answering point, including, but not limited to, local exchange telephone service or other telephone communication services, computer service, and Voice over Internet Protocol (VoIP) service. WHEREAS, the Commission of Augusta, Georgia, on February 5, 2002, imposed a $1.50 per month wireless enhanced 911 charge on each wireless telecommunications connection subscribed to by subscribers whose billing address is within the jurisdiction of Richmond County; and WHEREAS, said charge became effective 120 days after February 5, 2002; and WHEREAS, the Commission of Augusta, Georgia, on August 2, 2011, imposed a $0.75 prepaid wireless 911 charge on each prepaid wireless retail transaction; and WHEREAS, said charge became effective on January 1, 2012; and WHEREAS, the Commission of Augusta, Georgia desires to reaffirm the necessity of the 911, wireless enhanced 911, and prepaid wireless 911 charges; and WHEREAS, there is currently approved a $1.50 per month 911 charge upon each telephone service subscribed to by telephone subscribers whose exchange to access lines are in areas served by Augusta 911 Center; and WHEREAS, there is currently imposed a $1.50 per month wireless enhanced 911 charge upon each wireless telecommunications connection subscribed to by subscribers whose billing address is within the jurisdiction of Richmond County or whose place of primary use is within the geographic area that is served by the Augusta 911 Center; and Attachment number 1 \nPage 1 of 2 Item # 16 WHEREAS, there is currently approved a $0.75 per prepaid wireless retail transaction charge for any transaction occurring within the geographic area that is served by the Augusta 911 Center. NOW, THEREFORE, THE COMMISSION OF AUGUSTA, GEORGIA HEREBY RESOLVES that the Commission of Augusta, Georgia, as the consolidated governing authority of Richmond County, hereby reaffirms the necessity of the 911 charge per month upon each telephone service (to include computer services and VoIP) subscribed to by telephone subscribers whose exchange to access lines are in areas served by the Augusta 911 Center, the wireless enhanced 911 charge per month upon each wireless telecommunications connection subscribed to by subscribers whose billing address is within the jurisdiction of Richmond County or whose place of primary use is within the geographic area that is served by the Augusta 911 Center, and the prepaid wireless 911 charge; BE IT FURTHER RESOLVED that the Commission of Augusta, Georgia hereby directs service suppliers of telephone services to continue to collect a 911 charge in the amount of $1.50 per month per line. BE IT FURTHER RESOLVED that the providers of wireless communication services to subscribers whose billing address is within the jurisdiction of Richmond County or whose place of primary use is within the geographic area that is served by the Augusta 911 Center are directed to continue to collect an enhanced 911 charge in the amount of $1.50 per month per wireless connection provided to each such telephone subscriber. BE IT FURTHER RESOLVED that the sellers of prepaid wireless services are directed to continue to collect a prepaid wireless 911 charge in the amount of $0.75 per prepaid wireless retail transaction. ADOPTED, this ______ day of ____________, 2014. Augusta, Georgia By: __________________________________ Deke Copenhaver As Its Mayor ATTEST: _____________________________________________ Clerk Seal: Attachment number 1 \nPage 2 of 2 Item # 16 Commission Meeting Agenda 9/2/2014 2:00 PM 2014 - Animal Services Department:Finance Department - Fleet Management Division Caption:Motion to approve the acquisition of one new animal transport truck to upgrade the Animal Services Department’s transport fleet. (Approved by Finance Committee August 25, 2014) Background:The Richmond County Animal Services Department would like to purchase one additional animal transport truck to assist in the tremendous task of transporting stray animals to the service center from all corners of the county. There are currently 5 animal transport trucks assigned. The optimum number of trucks needed is 6. This is based on current utilization, number of employees and current need. The population of stray animals has increased over the last several years but the department has not been able to add an additional vehicle to their fleet due to a shortage of available funds. Analysis:Fleet Management has requested to utilize the Georgia State bid contract in order to purchase the requested truck. The Georgia state bid contract number is SWC99999-SPD-ES40199373-002 and assures the best pricing throughout the state for this particular vehicle. Financial Impact:The animal transport truck will be purchased for $38,621.00. Funding for the purchase of this equipment will be provided by the current SPLOST VI sales tax program. Alternatives:1. Approve the Request 2) Disapprove the request Recommendation:Approve the request for the purchase of one animal transport truck using the current SPLOST VI sales tax program Funds are Available in the Following Accounts: Phase VI of the Sales Tax Referendum - Public Safety 328-03- 1310/54.22210 211-03-6001/5422210 Cover Memo Item # 17 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 17 Attachment number 1 \nPage 1 of 7 Item # 17 Attachment number 1 \nPage 2 of 7 Item # 17 Attachment number 1 \nPage 3 of 7 Item # 17 Attachment number 1 \nPage 4 of 7 Item # 17 Attachment number 1 \nPage 5 of 7 Item # 17 Attachment number 1 \nPage 6 of 7 Item # 17 Attachment number 1 \nPage 7 of 7 Item # 17 Commission Meeting Agenda 9/2/2014 2:00 PM 2014 - Fire Department Department:Finance Department - Fleet Management Caption:Motion to approve the replacement of one new emergency response vehicle to update the Augusta Fire Department’s emergency response fleet.(Approved by Finance Committee August 25, 2014) Background:The Augusta Fire Department would like to replace an older emergency response vehicle used by Battalion Chiefs, asset number 204040, a 2004 model with 127,466 miles with a new, more updated vehicle. An evaluation sheet is attached for review. These units are a crucial part of the Fire Department’s emergency response command group. Analysis:: Fleet Management has requested to utilize the Georgia State bid contract in order to purchase the requested vehicle. The Georgia state bid contract number is SWC99999-SPD-ES40199373-004 and assures the best pricing throughout the state for this particular type of vehicle. Financial Impact:The emergency response vehicle will be purchased for $35,111.71. Funding for the purchase of this vehicle will be provided by the Fire Department’s capital fund outlay. Alternatives:1.Approve the request, 2) disapprove the request Recommendation:Approve the request for the replacement of one emergency response vehicle for the Augusta Fire Department and approve the replaced vehicle as surplus and available for auction. Funds are Available in the Following Accounts: Fire Department Capital Outlay 274034110-5422210 REVIEWED AND APPROVED BY: Cover Memo Item # 18 Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 18 Attachment number 1 \nPage 1 of 1 Item # 18 Attachment number 2 \nPage 1 of 7 Item # 18 Attachment number 2 \nPage 2 of 7 Item # 18 Attachment number 2 \nPage 3 of 7 Item # 18 Attachment number 2 \nPage 4 of 7 Item # 18 Attachment number 2 \nPage 5 of 7 Item # 18 Attachment number 2 \nPage 6 of 7 Item # 18 Attachment number 2 \nPage 7 of 7 Item # 18 Commission Meeting Agenda 9/2/2014 2:00 PM 2014 - Sheriff Transport Tahoes Department:Finance Department - Fleet Management Division Caption:Motion to approve 2 Public Safety Vehicles for the Sheriff’s Office – Civil Transportation Division for the purpose of transporting prisoners to and from prisons within Georgia and other States.(Approved by Finance Committee August 25, 2014) Background:The Sheriff’s Office is requesting to purchase two Tahoes for the purpose of transporting prisoners to other facilities located in Georgia and other state facilities. Currently there are only two vehicles being used for this purpose. These vehicles are not outwardly marked as police vehicles for security reasons. The emergency lights will be mounted inside the vehicle and partisions will be installed. Analysis:Fleet Management has requested use of the Georgia state bid contract for the purchase of these vehicles. The state contract number is 99999-SPD-ES40199409-0002 and assures the best pricing state wide,. The state contract for these type vehicles is currently held by Hardy Chevrolet, Inc. of Dallas, Georgia. Please see attachment for pricing detail. Financial Impact:The price for the vehicles is $32,920.00 each for a total of $65,840.00. The vehicles will be purchased through use of the SPLOST VI sales tax program. Alternatives:1. approve the purchase 2. disapprove the purchase Recommendation:Fleet Management recommends the acquisition of the two tahoes for transportation of prisoners as indicated. Funds are Available in the Following Accounts: Sales Tax Phase VI - Public Safety Vehicles Cover Memo Item # 19 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 19 Attachment number 1 \nPage 1 of 7 Item # 19 Attachment number 1 \nPage 2 of 7 Item # 19 Attachment number 1 \nPage 3 of 7 Item # 19 Attachment number 1 \nPage 4 of 7 Item # 19 Attachment number 1 \nPage 5 of 7 Item # 19 Attachment number 1 \nPage 6 of 7 Item # 19 Attachment number 1 \nPage 7 of 7 Item # 19 Commission Meeting Agenda 9/2/2014 2:00 PM 2014 - Utilities Engineers Truck Department:Finance Department - Fleet Management Division Caption:Motion to approve the replacement of 2 pickup trucks for inspectors of Augusta Utilities Department-Admin/Engineering Division.(Approved by Finance Committee August 25, 2014) Background:Fleet Management would like to request replacement of 2 older pickup trucks used by inspectors. The vehicles designated for replacement are inappropriate for the tasks and environment they have to work in. The replaced trucks are as follows: F00141 is a 2001 model Dodge 1500 pickup truck with 137,026 miles; and F00147, a 2001 Ford Ranger with 128,839 miles. Vehicle evaluations and bid tabsheet results are attached for your review. Analysis:The Procurement Department published a competitive bid using the Demand Star application for the 6,000 GVW pickup trucks: Bid 14-115 results were as follows for this model truck: Allan Vigil-Fayetteville = $25,763.00 each; Allan Vigil-Morrow = $25,111.00 each; Bobby Jones Ford = $24,501.00 each; Fairway Ford = $25,156.00 each; Langsdale Chevrolet = $29,675.00 each; Master Buick-GMC = $35,865.00 each; and Thomson Motor Centre = $24,710.00 each. Financial Impact:Two (2) Ford F150 pickup trucks @ $24,501.00 each for a total cost of $49,002.00. The department will purchase the vehicles through the Georgia Municipal Association Lease Program for 3 annual payments of $16,334.00 each. Alternatives:1. Approve the recommendation, 2) disapprove the recommendation, 3) approve the recommendation in part Recommendation:Approve the purchase of 2 F150 pickup trucks and declare the replaced vehicles as surplus and available for auction Funds are Available in the Following 506-04-3110-6111631 Cover Memo Item # 20 Accounts: REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 20 Attachment number 1 \nPage 1 of 2 Item # 20 Attachment number 1 \nPage 2 of 2 Item # 20 Attachment number 2 \nPage 1 of 1 Item # 20 Invitation to Bid Sealed bids will be received at this office on Wednesday, January 15, 2014 @ 11:00 a.m. for furnishing: Bid Item 14-115 6,000 GVW Series Pickup Truck for Fleet Management Bid Item 14-116 8,500 GVW Series Pickup Truck for Fleet Management Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 706-821-2422 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 530 Greene Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, January 3, 2014 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. No Bid may be withdrawn for a period of 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 December 12, 19, 26, 2013 January 2, 2014 Metro Courier December 18, 2013 Revised: 3/7/2013 Attachment number 3 \nPage 1 of 1 Item # 20 Allan Vigil Ford Lincoln Mercury 6790 Mount Zion Boulevard Morrow, GA 30260 Allan Vigil Ford Fayetteville 275 Glen St North Fayetteville GA 30214 Langdale Chevrolet 1006 W Franklin St Sylvester GA 31791 Fairway Ford 4158 Washington Road Evans, GA 30809 Master Buick GMC 3710 Washington Road Augusta, GA 30907 Bobby Jones Ford 3480 Wrightsboro Road Augusta, GA 30909 Thomson Chrysler Dodge Jeep Ram 2158 Washington Road Thomson GA 30824 YES YES YES YES Yes YES YES 94460 224348 523776 689847 665555 117480 369935 SAVE Form YES YES YES YES Yes YES YES 5.01 Full-Size Truck-Reg Cab2W $16,690.00 $17,074.00 $20,900.00 $17,476.00 $26,053.00 $17,072.00 $20,515.00 5.02 Full-Size Truck-Reg Cab4W $19,663.00 $20,197.00 $23,999.00 $20,336.00 $29,717.00 $19,932.00 $21,623.00 5.03 Full-Size Truck-Ext CabSW $18,800.00 $19,021.00 $23,545.00 $19,370.00 $29,559.00 $21,000.00 $20,578.00 5.04 Full-Size Truck-Ext CabSW $21,088.00 $22,009.00 $26,610.00 $22,411.00 $33,221.00 $22,023.00 $23,433.00 5.05 Full-Size Truck-Ext CabSW $19,586.00 $19,781.00 $24,480.00 $20,183.00 $30,490.00 $19,852.00 $20,026.00 5.06 Full-Size Truck-Ext Cab 4D $22,594.00 $22,769.00 $27,540.00 $23,171.00 $34,152.00 $22,784.00 $22,468.00 5.07 Full-Size Truck-Crew Cab 4 $22,993.00 $23,520.00 $27,099.00 $23,922.00 $34,538.00 $23,288.00 $22,321.00 5.08 Full-Size Truck-Crew Cab 4 $25,866.00 $26,303.00 $29,349.00 $26,705.00 $37,436.00 $26,146.00 $24,465.00 5.09 Speed Control/Tilt Steering $192.00 $225.00 STANDARD $225.00 NA $192.00 STANDARD 5.10 Skid Plate Pack (4X4 only)$137.00 $160.00 $129.00 $160.00 $150.00 $137.00 $150.00 5.11 Minimum 8 Foot Bed $375.00 Reg $278.00 Super $1,206.00 $391.00 $325.00 $375.00 $278.00 $340.00 5.12 Black platform running brds $256.00 $250.00 $601.00 $315.00 $690.00 $256.00 $560.50-$693.50 5.13 Electric windows & do locks $981.00 $950.00 $519.00 $1,150.00 NA $811.00 EXCEPTION 5.14 Trailer Tow Package $320.00 $375.00 $326.00 $350.00 $375.00 $320.00 EXCEPTION 6.01 Fire Extinguisher $85.00 $95.00 $73.00 $48.00 $48.00 $81.12 6.02 Outlet Receptacle $45.00 $225.00 $97.00 $55.00 $55.00 $38.95 6.03 Bedliner $325.00 $450.00 $400.00 $300.00 $475.00 $300.00 $370.00 6.04 Toolbox $300.00 $700.00 $331.00 $240.00 $250.00 $403.00 6.05 Trailer Hitch $365.00 $278.00 $38.00 $220.00 $475.00 $30.00 EXCEPTION 6.06 Trailer Wiring $80.00 INCLUDED INCLUDED $25.00 INCLUDED STANDARD 6.07 Trailer Ball $25.00 $24.00 $37.00 $10.00 $40.00 $10.00 $24.55 6.08 Window Tint, Reg Cab $125.00 $200.00 $144.00 $140.00 $100.00 $90.00 $140.00 Bid Item #14-115 6000 GVW Series Pickup Truck for Augusta, Georgia - Fleet Department Bid Opening Date: Wednesday, November 15, 2014 @ 11:00 a.m. Vendors 5.00 Vehicle/Options Required5.00 Vehicle/Options Required 6.00 Outfitter's Specialty Items E-Verify Number Attachment B E-Verify Number Page 1 of 2 At t a c h m e n t n u m b e r 4 \ n P a g e 1 o f 2 It e m # 2 0 Allan Vigil Ford Lincoln Mercury 6790 Mount Zion Boulevard Morrow, GA 30260 Allan Vigil Ford Fayetteville 275 Glen St North Fayetteville GA 30214 Langdale Chevrolet 1006 W Franklin St Sylvester GA 31791 Fairway Ford 4158 Washington Road Evans, GA 30809 Master Buick GMC 3710 Washington Road Augusta, GA 30907 Bobby Jones Ford 3480 Wrightsboro Road Augusta, GA 30909 Thomson Chrysler Dodge Jeep Ram 2158 Washington Road Thomson GA 30824 Bid Item #14-115 6000 GVW Series Pickup Truck for Augusta, Georgia - Fleet Department Bid Opening Date: Wednesday, November 15, 2014 @ 11:00 a.m. Vendors 6.09 Window Tint, Ext Cab $150.00 $225.00 $181.00 $145.00 $100.00 $105.00 $140.00 6.10 Window Tint, Crew Cab $175.00 $300.00 $206.00 $155.00 $100.00 $130.00 $140.00 6.11 Safety Cone Holder $80.00 $125.00 $94.00 $45.00 $45.00 $75.00 6.12 Safety Cones $80.00 $55.00 $90.00 $120.00 $60.00 $45.00 7.01 Backup Alarm $75.00 $86.00 $63.00 $35.00 $138.00 $65.00 $75.00 7.02 Magnetic LED Light $695.00 $458.00 $462.00 $355.00 $355.00 $645.00 7.03 LED Top Mount Light $680.00 $625.00 $594.00 $462.00 $462.00 $620.00 2014 2014 2014 2014 2014 2014 2014 FORD FORD CHEVROLET FORD GMC FORD RAM F-150 F-150 CC15703 CK15703 CC15753 CK15753 CC15753 CK15753 CC15743 CK15743 F-150 SIERRA F-1C F-1E X1C X1E W1C & W1E 1500 60 TO 90 DAYS 12 TO 14 WEEKS ARO 60 TO 70 DAYS ARO 60 TO 90 DAYS ARO 60 TO 75 DAYS ARO 6 TO 8 WEEKS 7.00 Alert Warning Systems The following vendor submitted a statement of "No Bid": Carl Black Chevrolet, 110 Roberts Blvd., Kennesaw, GA 30144 Appox Delivery Time Year Make Model Page 2 of 2 At t a c h m e n t n u m b e r 4 \ n P a g e 2 o f 2 It e m # 2 0 Attachment number 5 \nPage 1 of 5 Item # 20 Attachment number 5 \nPage 2 of 5 Item # 20 Attachment number 5 \nPage 3 of 5 Item # 20 Attachment number 5 \nPage 4 of 5 Item # 20 Attachment number 5 \nPage 5 of 5 Item # 20 Attachment number 6 \nPage 1 of 2 Item # 20 Attachment number 6 \nPage 2 of 2 Item # 20 Commission Meeting Agenda 9/2/2014 2:00 PM Accountability Court Department:Clerk of Commission Caption:Motion to approve a request from the Accountability Court to move $13,000 from fund 204022320/5111110 (Permanent full- time S&W) to fund 204022320/5116120 (Supplemental Pay). (Approved by Finance Committee August 25, 2014) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 21 Commission Meeting Agenda 9/2/2014 2:00 PM Revised 2015 Budget Calendar Department:Finance Caption:Motion to approve Revised 2015 Budget Calendar.(Approved by Finance Committee August 25, 2014) Background:The Budget Calendar establishes tentative dates for the completion of the various stages of the 2015 budget preparation and adoption process. The calendar is presented for approval consistent with the legal requirements in accordance with OCGA 36-81-5. The budget calendar, as planned, will facilitate developing, reviewing, and deliberations by the legislative body, input from the citizens of Augusta-Richmond County and adoption of FY2015 budget on a timely basis. The budget will also be adopted prior to fiscal year 2015. Analysis:N/A Financial Impact:N/A Alternatives:Revise dates. Recommendation:Approve Revised Budget Calendar for FY2015 as indicated on the attached Budget Calendar. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 22 AUGUSTA, GEORGIA REVISED 2015 BUDGET PLAIG CALEDAR ______________________________________________________________________________ JULY 2014 July 7, 2014 Finance Committee approves FY2015 Budget Calendar. July 15, 2014 Commission approves FY 2015 Budget Calendar. July 17, 2014 Distribution of Budget Calendar and Instructions during department head meeting. July 21, 2014 Departments with IFAS access may start entering in Budget Item Detail. AUGUST 2014 August 4, 2014 Departmental Budgets due to Finance (for departments without access to IFAS system). Budget analysts begin review of proposed budgets for budget hearings. August 11, 2014 Deadline for IFAS users entering budgets into Budget Item Detail module. August 15, 2014 Deadline for ALL submission of budget documents to Finance department. SEPTEMBER 2014 Sept. 3-12, 2014 Budget Hearings with Departments (call if desired). Budget hearings will be led by the Finance Department with a report of new programs and personnel submitted to the Administrator. Administrator will be aware of all budget hearings; however his attendance will not be mandatory. A representative of the administrator’s office will be in all hearings. September 30, 2014 Budget summary presented to Administrator by Finance Department. OCTOBER 2014 October 21, 2014 FY 2015 Proposed Budget presented to Augusta-Richmond County Commission by the Administrator. October 28, 2014 Publish Public Hearing Notice in newspaper. (One week before meeting) OVEMBER 2014 November 4, 2014 PUBLIC TOW MEETIG / COMMISSIO MEETIG Public Hearing of 2015 Budget. November 11, 2014 Publish Notice of Budget Adoption in newspaper. (One week before meeting) November 18, 2014 Adoption of the FY 2015 Budget by the Augusta-Richmond County Commission JAUARY 2015 January 1, 2015 Effective date for the Fiscal year 2015 Budget. Attachment number 1 \nPage 1 of 1 Item # 22 Commission Meeting Agenda 9/2/2014 2:00 PM Approve Water and Sewer Revenue Bonds Series 2014 bond resolution and authorize the Mayor and Clerk to sign all necessary documents Department:Finance / Utilities Caption:Motion to approve Water and Sewer Revenue Bonds Series 2014 bond resolution and authorize the Mayor and Clerk to sign all necessary documents. (No recommendation from Finance Committee August 25, 2014) Background:On June 6, 2014 the Commission approved the refunding of the Water and Sewer Revenue Bonds Series 2004. This is the next step in the process of issuing the 2014 Bond Series. Analysis:This is the next step in the process in issuing the 2014 bond series. Financial Impact:n/a Alternatives:None Recommendation:Approve bond resolution Funds are Available in the Following Accounts: n/a REVIEWED AND APPROVED BY: Cover Memo Item # 23 ATLANTA 5572182.2 ________________________________________________________ SERIES 2014 BOND RESOLUTION _______________________________________________________ ADOPTED AUGUST 5, 2014 BY THE AUGUSTA-RICHMOND COUNTY COMMISSION RELATING TO AUGUSTA, GEORGIA WATER AND SEWERAGE REVENUE REFUNDING AND IMPROVEMENT BONDS (SECOND RESOLUTION) SERIES 2014 Attachment number 1 \nPage 1 of 33 Item # 23 (i) ATLANTA 5572182.2 TABLE OF CONTENTS This Table of Contents is for convenience of reference only and is not part of this Series 2014 Bond Resolution. Page ARTICLE I - DEFINITIONS ...................................................................................................6 Section 1.1. Definitions....................................................................................................6 ARTICLE II - THE SERIES 2014 BONDS..............................................................................9 Section 2.1. Authorization; Designation of Series 2014 Bonds.......................................9 Section 2.2. Parity Certification .......................................................................................9 Section 2.3. Series 2014 Bond Details ...........................................................................10 Section 2.4. Form of Series 2014 Bonds........................................................................11 Section 2.5. Global Form; Securities Depository; Ownership of Series 2014 Bonds .........................................................................................................21 ARTICLE III - REDEMPTION OF SERIES 2014 BONDS ..................................................23 Section 3.1. Optional and Mandatory Redemption of Series 2014 Bonds ....................23 ARTICLE IV - CONSTRUCTION FUND; CUSTODY AND APPLICATION OF PROCEEDS; REFUNDING PROGRAM.....................................................24 Section 4.1. Series 2014 Project Account ......................................................................24 Section 4.2. Application of Proceeds of Series 2014 Bonds ..........................................24 Section 4.3. Redemption of Refunded Bonds ................................................................24 Section 4.4. Direction to Paying Agent for the Refunded Bonds ..................................25 Section 4.5. Creation of 2004 Defeasance Account ......................................................25 Section 4.6. Termination of Rights ................................................................................25 ARTICLE V - GENERAL PROVISIONS .............................................................................26 Section 5.1. Continuing Disclosure for Series 2014 Bonds ...........................................26 ARTICLE VI - MISCELLANEOUS PROVISIONS ..............................................................27 Section 6.1. Continuance and Effect of Bond Resolution .............................................27 Section 6.2. Designation of Bond Registrar and Paying Agent for the Series 2014 Bonds ................................................................................................27 Section 6.3. Validation of Series 2014 Bonds ...............................................................27 Section 6.4. Preliminary Official Statement; Official Statement; and Deemed Final Certificate .........................................................................................27 Attachment number 1 \nPage 2 of 33 Item # 23 (ii) ATLANTA 5572182.2 Section 6.5. Authorization of Series 2014 Registrar and Paying Agent Agreement ......................................................................................28 Section 6.6. Effective Date ............................................................................................28 Section 6.7. Repeal of Conflicting Resolutions .............................................................28 Section 6.8. General Authorization ................................................................................28 Section 6.9. Waiver of Bond Audit ................................................................................29 Section 6.10. Bond Resolution Constitutes a Contract ....................................................29 SIGNATURES AND SEAL ....................................................................................................... 30 EXHIBIT A - NOTICE OF CALL FOR REDEMPTION Attachment number 1 \nPage 3 of 33 Item # 23 -3- ATLANTA 5572182.2 SERIES 2014 BOND RESOLUTION A SERIES 2014 BOND RESOLUTION TO RATIFY, REAFFIRM, SUPPLEMENT, AND AMEND THAT CERTAIN MASTER BOND RESOLUTION ADOPTED ON OCTOBER 16, 2012, AS SUPPLEMENTED AND AMENDED BY THAT CERTAIN PARITY BOND RESOLUTION ADOPTED ON JUNE 18, 2013 AND THAT CERTAIN SUPPLEMENTAL BOND RESOLUTION ADOPTED ON JULY 16, 2013; TO PROVIDE FOR THE ISSUANCE BY AUGUSTA, GEORGIA OF ITS WATER AND SEWERAGE REVENUE REFUNDING AND IMPROVEMENT BONDS (SECOND RESOLUTION), SERIES 2014 FOR THE PURPOSE OF REFUNDING ALL OF ITS OUTSTANDING WATER AND SEWERAGE REVENUE BONDS, SERIES 2004 AND FOR THE PURPOSE OF FINANCING THE COSTS OF MAKING ADDITIONS, EXTENSIONS, AND IMPROVEMENTS TO ITS WATER AND SEWER SYSTEM; TO PROVIDE TERMS, PROVISIONS, AND CONDITIONS FOR THE ISSUANCE OF ITS WATER AND SEWERAGE REVENUE REFUNDING AND IMPROVEMENT BONDS (SECOND RESOLUTION), SERIES 2014; AND FOR OTHER RELATED PURPOSES. WHEREAS, Augusta, Georgia (the “Consolidated Government”), by a Master Bond Resolution duly and validly adopted on October 16, 2012 (the “Master Resolution”), as supplemented and amended by a Parity Bond Resolution duly and validly adopted on June 18, 2013 and a Supplemental Resolution duly and validly adopted on July 16, 2013 (collectively, the “Series 2013 Resolution”), authorized, issued, and delivered (1) $138,830,000 in original aggregate principal amount of its Water and Sewerage Revenue Refunding and Improvement Bonds (Second Resolution), Series 2012 (the “Series 2012 Bonds”), all of which are currently outstanding; and (2) $22,070,000 in original aggregate principal amount of its Water and Sewerage Taxable Revenue Bonds (Second Resolution), Series 2013 (the “Series 2013 Bonds”), all of which are currently outstanding; and WHEREAS, terms used in this Series 2014 Bond Resolution and not otherwise defined herein shall have the meaning assigned to such terms in the Master Resolution; and WHEREAS, under the terms of the Master Resolution, the Series 2012 Bonds and the Series 2013 Bonds (collectively the “Prior Bonds”) are special limited obligations of the Consolidated Government payable solely from and secured by a second priority pledge of and lien on the Pledged Revenues; and WHEREAS, the Prior Bonds were issued, and the Master Resolution, as supplemented and amended by the Series 2013 Resolution (collectively the “Prior Resolution”), authorizing the Attachment number 1 \nPage 4 of 33 Item # 23 -4- ATLANTA 5572182.2 Prior Bonds was adopted, subject to and in conformity with the provisions of the Prior Lien Resolution; and WHEREAS, the Consolidated Government, by the Prior Lien Resolution, authorized, issued, and delivered (1) $160,000,000 in original aggregate principal amount of its Water and Sewerage Revenue Bonds, Series 2004 (the “Series 2004 Bonds”), all of which are currently outstanding; and (2) $177,010,000 in original aggregate principal amount of its Water and Sewerage Revenue Refunding Bonds, Series 2007 (the “Series 2007 Bonds”), which are currently outstanding in the aggregate principal amount of $159,600,000; and WHEREAS, under the terms of the Prior Lien Resolution, the Series 2004 Bonds and the Series 2007 Bonds (collectively the “Prior Lien Bonds”) are special limited obligations of the Consolidated Government payable solely from and secured by a first priority pledge of and lien on the Pledged Revenues; and WHEREAS, pursuant to the Prior Resolution, notwithstanding anything in the Prior Lien Resolution to the contrary, the Consolidated Government has agreed that it will not issue any additional bonds or obligations of any kind payable from a lien on net revenues of the System ranking as to such lien on net revenues of the System created by the Prior Lien Resolution on a parity with the Prior Lien Bonds; and WHEREAS, the Master Resolution provides for the issuance under certain conditions of Additional Bonds payable from and secured by Pledged Revenues and ranking on a parity as to the pledge of and lien on the Pledged Revenues with the Prior Bonds; and WHEREAS, the Consolidated Government has determined that by refunding all of the outstanding Series 2004 Bonds, it can achieve debt service savings; and WHEREAS, the Consolidated Government has determined that there is a need for the improvement, betterment, and extension of the System, all in accordance or substantially in accordance with the “Engineering Report,” dated July 2014, prepared by the Consolidated Government’s consulting engineers, ZEL Engineers, Augusta, Georgia, which has been presented at this meeting at which this Series 2014 Bond Resolution is being adopted and which is on file in the Minute Book of the Commission and which is incorporated herein by reference and in accordance or substantially in accordance with plans and specifications on file from time to time with the Consolidated Government (the “Series 2014 Project”), and the Consolidated Government presently anticipates that the cost of the Series 2014 Project to be financed by the Series 2014 Bonds hereinafter authorized will be approximately $30,000,000; and WHEREAS, the Consolidated Government has determined that it is in the best interests of the citizens of the area served by the System for the Consolidated Government to refund all of the outstanding Series 2004 Bonds, to make the additions, extensions, and improvements to the System described above, and to finance the costs of the foregoing by issuing its Water and Sewerage Revenue Refunding and Improvement Bonds (Second Resolution), Series 2014 (the “Series 2014 Bonds”) in an aggregate principal amount not to exceed $198,000,000; and WHEREAS, the Prior Lien Bonds and the Prior Bonds are the only presently outstanding revenue bonds or obligations of the Consolidated Government secured by a pledge of and lien on Attachment number 1 \nPage 5 of 33 Item # 23 -5- ATLANTA 5572182.2 the Pledged Revenues, and the Consolidated Government is now complying in all respects with the terms, provisions, and covenants of the Prior Lien Resolution and the Prior Resolution and is maintaining the respective special funds therein created in the full amount as required; and WHEREAS, the Series 2014 Bonds to be issued by the Consolidated Government shall be Additional Bonds payable from and secured by Pledged Revenues and shall rank on a parity as to the pledge of and lien on the Pledged Revenues with the Prior Bonds, as permitted under Article VI of the Master Resolution; and WHEREAS, Section 6.6 of the Master Resolution provides that (1) the Consolidated Government will adopt a Series Resolution authorizing the issuance of any additional Bonds and reciting that the requirements of Article VI of the Master Resolution have been satisfied, and will set forth in such proceedings, among other things, the date or dates such additional Bonds will bear and the rate or rates of interest, interest payment date or dates, maturity date or dates, and redemption provisions with respect to such additional Bonds and any other matters applicable to such additional Bonds as the Consolidated Government may deem advisable; and (2) any such Series Resolution will restate and reaffirm, by reference, all of the applicable terms, conditions, and provisions of the Bond Resolution not modified by the Series Resolution; and WHEREAS, the Master Resolution requires a Series Resolution to establish the date or dates of the pertinent series of Bonds, the schedule of maturities of such Bonds, whether any such Bonds will be Compound Interest Bonds, the name of the purchaser(s) of such series of Bonds, the purchase price thereof, the rate or rates of interest to be borne thereby, whether fixed or variable, the interest payment dates for such Bonds, the terms and conditions, if any, under which such Bonds may be made subject to redemption (mandatory or optional) prior to maturity, the form of such Bonds, and such other details as the Consolidated Government may determine; and WHEREAS, so long as the Prior Lien Bonds remain outstanding, the Prior Bonds, the Series 2014 Bonds, and any Additional Bonds will be payable solely from, and secured by, a second priority pledge of and lien on Pledged Revenues; and NOW, THEREFORE, BE IT RESOLVED by the Augusta-Richmond County Commission, as follows: Attachment number 1 \nPage 6 of 33 Item # 23 -6- ATLANTA 5572182.2 ARTICLE I DEFINITIONS Section 1.1. Definitions. (a) The definitions contained in the Master Resolution, particularly Article I thereof, are hereby amended, modified, and supplemented as follows, and the following terms shall have the meanings specified below, unless the context clearly requires otherwise. “Authorized Denominations” means, with respect to the Series 2014 Bonds, $5,000 and any integral multiple thereof. “Bond Registrar” means, with respect to the Series 2014 Bonds, U.S. Bank National Association. “Governing Body” means the Augusta-Richmond County Commission and any predecessor or successor in office to such present body, and any Person to whom or which may hereafter be delegated by law the duties, powers, authority, obligations, or liabilities of the present body, either in whole or in relation to the System. “Interest Payment Date” means, with respect to the Series 2014 Bonds, each April 1 and October 1, commencing April 1, 2015. “Master Resolution” means the Master Bond Resolution duly and validly adopted by the Consolidated Government on October 16, 2012, authorizing the issuance and delivery of the Series 2012 Bonds. “Paying Agent” means, with respect to the Series 2014 Bonds, U.S. Bank National Association. “Prior Bonds” means, collectively, the Series 2012 Bonds and the Series 2013 Bonds. “Prior Resolution” means the Master Resolution, as supplemented and amended by the Series 2013 Resolution. “Record Date” means, with respect to the Series 2014 Bonds, the 15th day (whether or not a business day) of the calendar month next preceding an Interest Payment Date. “Refunded Bonds” means, with respect to this Series 2014 Resolution, the Series 2004 Bonds maturing October 1, 2034 and October 1, 2039. “Series 2004 Bonds” means the Consolidated Government’s Water and Sewerage Revenue Bonds, Series 2004, issued in the original aggregate principal amount of $160,000,000 pursuant to the terms of the Prior Lien Resolution. Attachment number 1 \nPage 7 of 33 Item # 23 -7- ATLANTA 5572182.2 “Series 2013 Bonds” means the Consolidated Government’s Water and Sewerage Taxable Revenue Bonds (Second Resolution), Series 2013, issued in the original aggregate principal amount of $22,070,000 pursuant to the terms of the Prior Resolution. “Series 2013 Resolution” means the Parity Bond Resolution adopted on June 18, 2013, as supplemented and amended by a Supplemental Bond Resolution adopted on July 16, 2013, authorizing the issuance and delivery of the Series 2013 Bonds. “Series 2014 Bonds” means the Consolidated Government’s Water and Sewerage Revenue Refunding and Improvement Bonds (Second Resolution), Series 2014, in the original aggregate principal amount not to exceed $198,000,000, authorized under Section 2.1. “Series 2014 Capital Improvement Account” means the Series 2014 Capital Improvement Account within the Construction Fund established in Article IV. “Series 2014 Disclosure Certificate” means the continuing disclosure certificate executed in connection with the issuance of the Series 2014 Bonds. “Series 2014 Project” means the Project as (1) generally described in the report dated July 2014, as amended, prepared by the Consolidated Government’s consulting engineers, ZEL Engineers, Augusta, Georgia, and (2) particularly described in plans and specifications on file from time to time with the Consolidated Government. “Series 2014 Paying Agent and Bond Registrar Agreement” means the Paying Agent and Bond Registrar Agreement, to be dated the date of its execution and delivery, between the Consolidated Government and U.S. Bank National Association, relating to the Series 2014 Bonds, as amended, modified, or replaced. “Series 2014 Resolution” means this Series 2014 Bond Resolution. “2004 Defeasance Account” means the 2004 Defeasance Account established in Section 4.5. “2004 Paying Agent” means U.S. Bank National Association, as successor paying agent for the Series 2004 Bonds pursuant to the Prior Lien Resolution. (b) The definition of “Pledged Revenues” as set forth in Section 1.1 of the Master Resolution is hereby deleted in its entirety and the following is substituted in lieu thereof: “Pledged Revenues” means Operating Revenues, after provision for payment of all Expenses of Operations and Maintenance, Investment Earnings, and all moneys paid or required to be paid into, and all moneys and securities on deposit from time to time in, the funds and accounts specified in Section 4.2; provided that on and after the date the Prior Lien Bonds are no longer outstanding under the Prior Lien Resolution, Pledged Revenues shall also include Hedge Receipts and exclude any amounts required in the Bond Resolution to be set aside pending, or used for, rebate to the United States government pursuant to Section 148(f) of the Code, including, but not limited to, amounts in the Rebate Fund. Attachment number 1 \nPage 8 of 33 Item # 23 -8- ATLANTA 5572182.2 [End of Article I] Attachment number 1 \nPage 9 of 33 Item # 23 -9- ATLANTA 5572182.2 ARTICLE II THE SERIES 2014 BONDS Section 2.1. Authorization; Designation of Series 2014 Bonds. The Consolidated Government hereby authorizes the execution, issuance, and delivery of a series of Bonds, in the original aggregate principal amount not to exceed $198,000,000, to be designated “Augusta, Georgia Water and Sewerage Revenue Refunding and Improvement Bonds (Second Resolution), Series 2014,” which shall be executed, issued, and delivered under, and secured by, the Prior Resolution, as supplemented and amended by this Series 2014 Resolution. Section 2.2. Parity Certification. The Series 2014 Bonds shall be Additional Bonds payable from and secured by Pledged Revenues and shall rank on a parity as to the pledge of and lien on the Pledged Revenues with the Prior Bonds, pursuant to authorization granted by Article VI of the Master Resolution. The Consolidated Government hereby finds, determines, declares, and certifies that it has fulfilled, or will fulfill, prior to the issuance and delivery of the Series 2014 Bonds, all of the applicable requirements of Article VI of the Master Resolution that are conditions precedent to the issuance of the Series 2014 Bonds as Additional Bonds, namely: (a) There will be procured and filed with the Consolidated Government either: (i) a report by an Independent Certified Public Accountant to the effect that the historical Net Operating Revenues and Investment Earnings (excluding Investment Earnings, if any, on the Construction Fund) for a period of 12 consecutive months of the most recent 24 consecutive months prior to the issuance of the proposed Additional Bonds were equal to at least 125% of the maximum annual Debt Service Requirement on all Prior Lien Bonds and Senior Bonds that will be Outstanding immediately after the issuance of the proposed Additional Bonds, in the then current or any succeeding Fiscal Year, or (ii) (1) a report by an Independent Certified Public Accountant to the effect that the historical Net Operating Revenues and Investment Earnings (excluding Investment Earnings, if any, on the Construction Fund) for a period of 12 consecutive months of the most recent 24 consecutive months prior to the issuance of the proposed Additional Bonds were equal to at least 125% of the historical Debt Service Requirement on all Prior Lien Bonds and Senior Bonds that were Outstanding during such 12 month period, and (2) a report by an Independent Consulting Engineer to the effect that (A) the forecasted Net Operating Revenues and Investment Earnings (excluding Investment Earnings, if any, on the Construction Fund) for the period beginning on the expected date of issuance of the proposed Additional Bonds and ending on the date of commencement of the Forecast Period are expected to equal at least 100% of the Debt Service Requirement during such period on all Prior Lien Bonds and Senior Bonds that will be Outstanding immediately after the issuance of the proposed Additional Bonds, after taking into account amounts deposited into the Capitalized Interest Account, and (B) the forecasted Net Operating Revenues and Investment Earnings (excluding Investment Attachment number 1 \nPage 10 of 33 Item # 23 -10- ATLANTA 5572182.2 Earnings, if any, on the Construction Fund) for each Fiscal Year in the Forecast Period are expected to equal at least 125% of the maximum annual Debt Service Requirement on all Prior Lien Bonds and Senior Bonds that will be Outstanding immediately after the issuance of the proposed Additional Bonds, in the then current or any succeeding Fiscal Year. (b) The Consolidated Government will receive a report from an Independent Certified Public Accountant to the effect that the payments required to be made into each account of the Sinking Fund have been made and the balance in each account of the Sinking Fund is not less than the balance required by the Bond Resolution as of the date of issuance of the Series 2014 Bonds. (c) This Series 2014 Resolution requires the proceeds of the Series 2014 Bonds to be used to make capital improvements to the System, to fund interest on the Series 2014 Bonds, to acquire existing or proposed water or sewer utilities, to refund other obligations issued for such purposes (whether or not such refunding Bonds satisfy the requirements of Section 6.2 of the Master Resolution), to fund debt service reserve funds for Bonds, and to pay expenses incidental thereto and to the issuance of the Series 2014 Bonds. (d) The Administrator of the Consolidated Government and the Director of the Utilities Department of the Consolidated Government will certify, by written certificate dated as of the date of issuance of the Series 2014 Bonds, that the Consolidated Government is in compliance with all requirements of the Bond Resolution. (e) The Consolidated Government will receive an opinion of Bond Counsel, dated as of the date of issuance of the Series 2014 Bonds, to the effect that this Series 2014 Resolution and any related Supplemental Resolution have been duly adopted by the Consolidated Government. The Consolidated Government hereby certifies and recites that the requirements of Article VI of the Master Resolution for the issuance of the Series 2014 Bonds as Additional Bonds have been, or will, prior to the issuance and delivery of the Series 2014 Bonds, be, satisfied, and the Series 2014 Bonds shall be treated as Additional Bonds secured under and pursuant to the Bond Resolution equally and ratably with the Prior Bonds. Section 2.3. Series 2014 Bond Details. The Series 2014 Bonds shall be dated the date of issuance and delivery thereof. The Series 2014 Bonds shall be numbered in a convenient manner, established by the Bond Registrar and shown by the Bond Register. The Series 2014 Bonds shall bear interest at the rates per annum to be specified in a Supplemental Resolution to be adopted by the Governing Body (but which shall not in any event exceed a maximum per annum rate of interest of 6.00%), computed on the basis of a 360-day year consisting of twelve 30-day months, payable on April 1, 2015, and semiannually thereafter on each October 1 and April 1 of each year and shall mature on October 1, in the years (with a final maturity not later than October 1, 2039) and in the principal amounts to be specified in a Supplemental Resolution to be adopted by the Governing Body (provided the principal of and interest on the Series 2014 Bonds payable in any Fiscal Year shall not in any event exceed a maximum amount of $30,000,000), unless earlier called for redemption. Attachment number 1 \nPage 11 of 33 Item # 23 -11- ATLANTA 5572182.2 The Series 2014 Bonds that mature on October 1 of the years to be specified in a Supplemental Resolution to be adopted by the Governing Body may be Term Bonds. Section 2.4. Form of Series 2014 Bonds. The Series 2014 Bonds, the Validation Certificate, and the Bond Registrar’s Certificate of Authentication shall be in substantially the form set out below, with such variations, omissions, substitutions, and insertions as are required or permitted by the Bond Resolution. Attachment number 1 \nPage 12 of 33 Item # 23 -12- ATLANTA 5572182.2 [FORM OF SERIES 2014 BOND] Unless this Bond is presented by an authorized representative of The Depository Trust Company (“DTC”), a New York corporation, to the Consolidated Government or its agent for registration of transfer, exchange, or payment, and any Bond issued is registered in the name of Cede & Co. or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. UNITED STATES OF AMERICA STATE OF GEORGIA AUGUSTA, GEORGIA WATER AND SEWERAGE REVENUE REFUNDING AND IMPROVEMENT BOND (SECOND RESOLUTION), SERIES 2014 Number R- ___ $_______________ Maturity Date Interest Rate Dated CUSIP October 1, 20__ ________, 2014 Registered Owner: Cede & Co. Principal Amount: KNOW ALL MEN BY THESE PRESENTS that AUGUSTA, GEORGIA (the “Consolidated Government”), a political subdivision of the State of Georgia, existing as such under and by virtue of the Constitution, statutes and laws of the State of Georgia, for value received, hereby promises to pay (but only out of the sources provided) to the registered owner identified above, or registered assigns, on the Maturity Date stated above, unless this Bond shall have been called for redemption prior to maturity and payment of the redemption price shall have been duly made or provided for, the principal amount identified above and to pay (but only out of the sources provided) interest on the balance of such principal sum from time to time remaining unpaid from and including the date hereof or from and including the most recent Interest Payment Date (as hereinafter defined) with respect to which interest has been paid or duly provided for, until payment of such principal sum has been made, at the interest rate per annum shown above (computed on the basis of a 360-day year consisting of twelve 30-day months) on April 1 and October 1 of each year (each an “Interest Payment Date”) commencing April 1, 2015, until the payment of the principal amount of this Bond in full, and promises to pay Attachment number 1 \nPage 13 of 33 Item # 23 -13- ATLANTA 5572182.2 interest on overdue principal and, to the extent permitted by law, on overdue premium, if any, and interest, at such rate. Principal of and redemption premium, if any, on this Bond are payable when due in lawful money of the United States of America upon presentation and surrender of this Bond at the designated corporate trust office of U.S. Bank National Association, Atlanta, Georgia, as registrar and paying agent (the “Bond Registrar” or the “Paying Agent”). Payment of interest on this Bond shall be made to the registered owner and shall be paid in lawful money of the United States of America by check or draft mailed on the applicable Interest Payment Date to such registered owner as of the close of business on the 15th day of the calendar month (the “Record Date”) immediately preceding such Interest Payment Date at its address as it appears on the registration books (the “Bond Register”) of the Consolidated Government maintained by the Bond Registrar, or at such other address as is furnished in writing by such registered owner to the Bond Registrar. Notwithstanding the foregoing, however, interest on this Bond shall be payable to any registered owner of more than $1,000,000 in aggregate principal amount of the Bonds of the same series as this Bond (including this Bond) by deposit of immediately available funds to the account of such registered owner maintained with the Paying Agent or transmitted by wire transfer to such registered owner at an account maintained at a commercial bank located within the United States of America, if the Paying Agent receives from such registered owner written deposit or wire transfer instructions prior to the Record Date preceding the Interest Payment Date for which the deposit or wire transfer is requested. This Bond is one of a series of $__________ in original aggregate principal amount of revenue bonds designated “Augusta, Georgia Water and Sewerage Revenue Refunding and Improvement Bonds (Second Resolution), Series 2014” (the “Series 2014 Bonds”), issued by the Consolidated Government pursuant to and in full compliance with the provisions of the Constitution and statutes of the State of Georgia, including specifically, but without limitation, Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, known as the “Revenue Bond Law,” as amended. The Series 2014 Bonds have been authorized by a Series 2014 Bond Resolution duly adopted by the Consolidated Government on August 5, 2014, as supplemented and amended by a Supplemental Series 2014 Bond Resolution duly adopted by the Consolidated Government on __________, 2014 (collectively the “Series 2014 Resolution”), for the purpose of (i) refunding $160,000,000 in aggregate principal amount of the Consolidated Government’s Water and Sewerage Revenue Bonds, Series 2004, maturing on October 1, 2034 and October 1, 2039 (the “Refunded Bonds”), (ii) financing the costs of making additions, extensions, and improvements to the Consolidated Government’s existing water and sewer system (the “System”), (iii) funding a debt service reserve account for the Series 2014 Bonds, and (iv) paying the expenses necessary to accomplishing the foregoing. The Series 2014 Bonds are issued under, and the Series 2014 Resolution was adopted subject to and in conformity with, the provisions of a Master Bond Resolution (the “Master Resolution”) duly adopted by the Consolidated Government on October 16, 2012, as supplemented and amended by a Parity Bond Resolution adopted on June 18, 2013 and a Supplemental Bond Resolution adopted on July 16, 2013 (collectively the “Series 2013 Resolution”), authorizing the issuance of $138,830,000 in original aggregate principal amount of Attachment number 1 \nPage 14 of 33 Item # 23 -14- ATLANTA 5572182.2 the Consolidated Government’s Water and Sewerage Revenue Refunding and Improvement Bonds (Second Resolution), Series 2012 (the “Series 2012 Bonds”), all of which are currently outstanding, and authorizing the issuance of $22,070,000 in original aggregate principal amount of the Consolidated Government’s Water and Sewerage Taxable Revenue Bonds (Second Resolution), Series 2013 (the “Series 2013 Bonds”), all of which are currently outstanding. Under the terms of the Master Resolution, the Series 2012 Bonds and the Series 2013 Bonds (collectively the “Prior Bonds”) are payable solely from and secured by a second priority pledge of and lien on the Pledged Revenues (as hereinafter defined). The Master Resolution provides for the issuance under certain conditions of Additional Bonds (as defined in the Master Resolution) payable from and secured by Pledged Revenues and ranking on a parity as to the pledge of and lien on the Pledged Revenues with the Prior Bonds. The Series 2014 Bonds have been issued under the provisions of the Master Resolution authorizing the issuance of Additional Bonds and, as Additional Bonds, will be payable from and secured by Pledged Revenues and will rank on a parity as to the pledge of and lien on the Pledged Revenues with the Prior Bonds. The Series 2014 Bonds are all issued under and, together with the Prior Bonds, are equally and ratably secured by and entitled to the benefit of the Master Resolution, as supplemented and amended by the Series 2013 Resolution and the Series 2014 Resolution (collectively the “Bond Resolution”). The Series 2014 Bonds are issued, and the Bond Resolution authorizing the issuance of the Series 2014 Bonds and the Prior Bonds was adopted, subject to and in conformity with the provisions of that certain resolution adopted by the Consolidated Government on October 21, 1996, as supplemented and amended (as more specifically defined in the Bond Resolution, the “Prior Lien Resolution”). The Consolidated Government has heretofore issued and delivered pursuant to the Prior Lien Resolution its Water and Sewerage Revenue Bonds, Series 2004 and its Water and Sewerage Revenue Refunding Bonds, Series 2007, now outstanding in the aggregate principal amount of $319,600,000 (hereinafter sometimes referred to collectively as the “Prior Lien Bonds”), and the Prior Lien Bonds are payable solely from, and secured by, a first priority pledge of and lien on Pledged Revenues. Notwithstanding anything in the Prior Lien Resolution to the contrary, the Consolidated Government has agreed that it will not issue any additional bonds or obligations of any kind payable from a lien on net revenues of the System ranking as to such lien on net revenues of the System created by the Prior Lien Resolution on a parity with the Prior Lien Bonds. So long as any Prior Lien Bonds are outstanding pursuant to the Prior Lien Resolution, the pledge of and lien on Pledged Revenues to the payment of principal of, premium, if any, and interest on the Prior Bonds, the Series 2014 Bonds, and such revenue bonds of the Consolidated Government as may in the future be issued on a parity therewith will be subject and subordinate to the pledge of and lien on “Pledged Revenues” (as defined in the Prior Lien Resolution) to the payment of principal of, premium, if any, and interest on the Prior Lien Bonds. The Series 2014 Bonds maturing on or before October 1, 20__, may not be called for optional redemption prior to maturity. The Series 2014 Bonds maturing on or after October 1, 20__, are subject to redemption prior to maturity at the option of the Consolidated Government on or after October 1, 20__, in whole or in part at any time, at the redemption price equal to the principal amount of the Series 20__ Bonds to be redeemed plus accrued interest on such redemption date. Attachment number 1 \nPage 15 of 33 Item # 23 -15- ATLANTA 5572182.2 The Series 2014 Bonds maturing on October 1, 20__, are subject to mandatory sinking fund redemption on October 1, 20__ and on each October 1 thereafter, in accordance with the Bond Resolution, at a redemption price equal to the principal amount of each Series 2014 Bond (or portion thereof) to be redeemed plus accrued interest to the date fixed for redemption, in the following principal amounts and on the dates set forth below (the October 1, 20__ amount to be paid rather than redeemed): October 1 of the Year Principal Amount Notice of redemption, unless waived, is to be given by first class mail at least 30 days and not more than 60 days prior to the date fixed for redemption to the registered owner of each Series 2014 Bond to be redeemed at the address shown on the Bond Register or at such other address as is furnished in writing by such registered owner to the Bond Registrar. All such Series 2014 Bonds called for redemption and for the retirement of which funds are duly provided shall, on the redemption date designated in such notice, become and be due and payable at the redemption price provided for redemption of such Series 2014 Bonds on such date, and interest on the Series 2014 Bonds or portions of Series 2014 Bonds so called for redemption shall cease to accrue, such Series 2014 Bonds or portions of Series 2014 Bonds shall cease to be entitled to any lien, benefit, or security under the Bond Resolution, and the owners of such Series 2014 Bonds or portions of Series 2014 Bonds shall have no rights in respect thereof except to receive payment of the redemption price. Any defect in any notice of redemption shall not affect the validity of proceedings for the redemption of any Series 2014 Bonds. The Consolidated Government has established a book-entry system of registration for the Series 2014 Bonds. Except as specifically provided otherwise in the Bond Resolution, an agent will hold this Bond on behalf of the beneficial owner hereof. By acceptance of a confirmation of purchase, delivery, or transfer, the beneficial owner of this Bond shall be deemed to have agreed to such arrangement. While the Series 2014 Bonds are in the book-entry system of registration, the Bond Resolution provides special provisions relating to the Series 2014 Bonds, which override certain other provisions of the Bond Resolution. This Bond is transferable by the registered owner at the principal corporate trust office of the Bond Registrar but only in the manner, subject to the limitations, and upon payment of the charges provided in the Bond Resolution and upon surrender of this Bond. Upon such transfer, a new registered Bond or Bonds of the same series, maturity, interest rate, aggregate principal amount, and tenor, of any authorized denomination or denominations, and bearing numbers not then outstanding, will be issued to the transferee in exchange for this Bond. The Series 2014 Bonds are issuable as fully registered Bonds in the denomination of $5,000 or any integral multiple thereof. The Bond Registrar is not required to transfer or exchange any Series 2014 Bond after notice calling such Series 2014 Bond for redemption has been given or during the period of 15 days (whether or not a business day for the Bond Registrar, but excluding the redemption date and including such 15th day) immediately preceding the giving of such notice of redemption. Attachment number 1 \nPage 16 of 33 Item # 23 -16- ATLANTA 5572182.2 The Prior Bonds, Series 2014 Bonds, and such revenue bonds of the Consolidated Government as may in the future be issued on a parity therewith, are equally and ratably secured by pledge of the “Pledged Revenues” of the System, which are defined in the Bond Resolution to include gross operating revenues of the System after provision for payment of all reasonable expenses of operation and maintenance, moneys and securities from time to time on deposit in the funds and accounts established in the Bond Resolution, and earnings on investments made with the foregoing moneys and securities; and on and after the date that the Prior Lien Bonds are no longer outstanding under the Prior Lien Resolution, “Pledged Revenues” will include Hedge Receipts (as defined in the Bond Resolution) and exclude any amounts required in the Bond Resolution to be set aside pending, or used for, rebate to the United States government pursuant to Section 148(f) of the Internal Revenue Code of 1986, as amended, including, but not limited to, amounts in the Rebate Fund (as defined in the Bond Resolution). THIS BOND SHALL NEVER CONSTITUTE AN INDEBTEDNESS OR GENERAL OBLIGATION OF THE STATE OF GEORGIA, THE CONSOLIDATED GOVERNMENT, OR ANY OTHER POLITICAL SUBDIVISION OF THE STATE OF GEORGIA, WITHIN THE MEANING OF ANY CONSTITUTIONAL PROVISION OR STATUTORY LIMITATION WHATSOEVER, NOR A PLEDGE OF THE FAITH AND CREDIT OR TAXING POWER OF ANY OF THE FOREGOING, NOR SHALL ANY OF THE FOREGOING BE SUBJECT TO ANY PECUNIARY LIABILITY HEREON. THIS BOND SHALL NOT BE PAYABLE FROM NOR A CHARGE UPON ANY FUNDS OTHER THAN THE REVENUES PLEDGED TO THE PAYMENT HEREOF AND SHALL BE A LIMITED OR SPECIAL OBLIGATION OF THE CONSOLIDATED GOVERNMENT PAYABLE SOLELY FROM THE FUNDS PROVIDED THEREFOR IN THE BOND RESOLUTION. NO OWNER OF THIS BOND SHALL EVER HAVE THE RIGHT TO COMPEL THE EXERCISE OF THE TAXING POWER OF THE STATE OF GEORGIA, THE CONSOLIDATED GOVERNMENT, OR ANY OTHER POLITICAL SUBDIVISION OF THE STATE OF GEORGIA TO PAY THE PRINCIPAL OF THIS BOND OR THE INTEREST OR ANY PREMIUM HEREON, OR TO ENFORCE PAYMENT HEREOF AGAINST ANY PROPERTY OF THE FOREGOING, NOR SHALL THIS BOND CONSTITUTE A CHARGE, LIEN, OR ENCUMBRANCE, LEGAL OR EQUITABLE, UPON ANY PROPERTY OF THE FOREGOING. NEITHER THE MEMBERS OF THE GOVERNING BODY OF THE CONSOLIDATED GOVERNMENT NOR ANY PERSON EXECUTING THIS BOND SHALL BE LIABLE PERSONALLY ON THIS BOND BY REASON OF THE ISSUANCE HEREOF. The Consolidated Government has covenanted and hereby covenants and agrees while any Series 2014 Bonds are outstanding and unpaid to prescribe, fix, maintain, and collect rates, fees, and other charges for the services, facilities, and commodities furnished by the System fully sufficient at all times to: (i) provide for 100% of the expenses of operation and maintenance of the System and for the accumulation in the Revenue Fund (as defined in the Bond Resolution) of a reasonable reserve therefor, and (ii) produce net operating revenues in each Fiscal Year (as defined in the Bond Resolution) that, together with certain investment earnings, will: (a) equal at least 110% of the debt service requirement on all Prior Lien Bonds and Senior Bonds (as defined in the Bond Resolution) then outstanding and 100% of the debt service requirement on all Subordinate Bonds (as defined in the Bond Resolution) then outstanding, (b) enable the Consolidated Government to make all required payments into the debt service reserve account under the Prior Lien Resolution, the Debt Service Reserve Account and the Rebate Fund and to Attachment number 1 \nPage 17 of 33 Item # 23 -17- ATLANTA 5572182.2 any Financial Facility Issuer, any Reserve Account Credit Facility Provider, and any Qualified Hedge Provider (as each is defined in the Bond Resolution), (c) enable the Consolidated Government to accumulate an amount to be held in the Utility General Fund (as defined in the Bond Resolution), which in the judgment of the Consolidated Government is adequate to meet the costs of major renewals, replacements, repairs, additions, betterments, and improvements to the System, necessary to keep the same in good operating condition or as is required by any governmental agency having jurisdiction over the System, and (d) remedy all deficiencies in required payments into any of the funds and accounts mentioned in the Bond Resolution from prior Fiscal Years. The Bond Resolution contains a more particular statement of the covenants and provisions securing the Series 2014 Bonds, the conditions under which the owner of this Bond may enforce covenants (other than the covenant to pay principal of and interest on this Bond when due from the sources provided, the right to enforce which is unconditional), the conditions upon which additional revenue bonds may be issued on a parity or achieve parity status with this Bond under the Bond Resolution, and the conditions upon which the Bond Resolution may be amended with the consent of the owners of a majority in aggregate principal amount of the Bonds (as defined in the Bond Resolution) of each class (senior and subordinate) outstanding or the issuer of any Credit Facility (as defined in the Bond Resolution), if any, of such Bonds. Upon the occurrence of an Event of Default under the Bond Resolution, the owner of this Bond shall be entitled to the remedies provided by the Bond Resolution and the Revenue Bond Law. It is hereby certified, recited, and declared that all acts, conditions, and things required to exist, happen, and be performed precedent to and in the issuance of this Bond do exist, have happened, and have been performed in due time, form, and manner as required by law. This Bond shall not be entitled to any security or benefit under the Bond Resolution or become valid or obligatory for any purpose until the certificate of authentication hereon shall have been duly executed by the Bond Registrar. Attachment number 1 \nPage 18 of 33 Item # 23 -18- ATLANTA 5572182.2 IN WITNESS WHEREOF, the Consolidated Government has caused this Bond to be executed by the manual signature of its Mayor and has caused the official seal of the Consolidated Government to be impressed on this Bond and attested by the manual signature of its Clerk. (SEAL) AUGUSTA, GEORGIA By: Mayor Attest: Clerk Attachment number 1 \nPage 19 of 33 Item # 23 -19- ATLANTA 5572182.2 [FORM OF CERTIFICATE OF AUTHENTICATION] BOND REGISTRAR’S CERTIFICATE OF AUTHENTICATION This Bond is one of the bonds of the series described in the within mentioned Resolution. U.S. BANK NATIONAL ASSOCIATION, as Bond Registrar By: Authorized Signatory Date of Registration and Authentication: _____________________, ______ [FORM OF VALIDATION CERTIFICATE] VALIDATION CERTIFICATE STATE OF GEORGIA ) ) COUNTY OF RICHMOND ) The undersigned Clerk of the Superior Court of Richmond County, State of Georgia, DOES HEREBY CERTIFY that this Bond and the security therefor was validated and confirmed by judgment of the Superior Court of Richmond County, on the ____ day of __________ 2014, that no intervention or objection was filed opposing the validation of this Bond and the security therefor, and that no appeal of such judgment of validation has been taken. IN WITNESS WHEREOF, I have hereunto set my hand and have impressed hereon the official seal of the Superior Court of Richmond County, Georgia. (SEAL) Clerk, Superior Court of Richmond County, Georgia Attachment number 1 \nPage 20 of 33 Item # 23 -20- ATLANTA 5572182.2 The following abbreviations, when used in the inscription on this Bond or in the assignment below, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common and not as community property UNIF TRANS MIN ACT - ______________________ Custodian ______________________ (Custodian) (Minor) under Uniform Transfers to Minors Act _____________________ (State) Additional abbreviations may be used although not in the above list. [FORM OF ASSIGNMENT] ASSIGNMENT AND TRANSFER FOR VALUE RECEIVED, the undersigned sells, assigns, and transfers unto (Name and Address of Assignee) (Insert Social Security or Taxpayer Identification Number of Assignee) the within revenue bond of Augusta, Georgia and does hereby irrevocably constitute and appoint ______________________________ attorney to transfer the Bond on the books kept for registration thereof with full power of substitution in the premises. Dated: (Signature Guaranteed) Notice: Signature(s) must be guaranteed by an eligible guarantor institution (such as banks, stockbrokers, savings and loan associations, and credit unions) with membership in an approved Signature Guarantee Medallion Program pursuant to S.E.C. Rule 17Ad-15. Registered Owner Notice: The signature(s) on this assignment must correspond with the name as it appears on the face of the within bond in every particular without alteration or enlargement or any change whatsoever. [END OF BOND FORM] Attachment number 1 \nPage 21 of 33 Item # 23 -21- ATLANTA 5572182.2 Section 2.5. Global Form; Securities Depository; Ownership of Series 2014 Bonds. (a) Upon the initial issuance, the ownership of each Series 2014 Bond shall be registered in the name of the Securities Depository or the Securities Depository Nominee, and ownership thereof shall be maintained in Book-Entry Form by the Securities Depository for the account of the Participants thereof. Initially, each maturity of the Series 2014 Bonds shall be registered in the name of Cede & Co., as the nominee of DTC. Beneficial Owners will not receive Series 2014 Bonds from the Paying Agent evidencing their ownership interests. Except as provided in subsection (c) of this Section 2.5, the Series 2014 Bonds may be transferred, in whole but not in part, only to the Securities Depository or the Securities Depository Nominee, or to a successor Securities Depository selected or approved by the Consolidated Government or to a nominee of such successor Securities Depository. (b) With respect to Series 2014 Bonds registered in the name of the Securities Depository or the Securities Depository Nominee, the Consolidated Government, the Paying Agent and the Bond Registrar shall have no responsibility or obligation to any Participant or Beneficial Owner. Without limiting the foregoing, the Consolidated Government, the Paying Agent, the Bond Registrar and their respective affiliates shall not have any responsibility or obligation with respect to: (i) the accuracy of the records of the Securities Depository, the Securities Depository Nominee or any Participant with respect to any beneficial ownership interest in the Series 2014 Bonds; (ii) the delivery to any Participant, any Beneficial Owner or any other person, other than the Securities Depository or the Securities Depository Nominee, of any notice with respect to the Series 2014 Bonds; or (iii) the payment to any Participant, any Beneficial Owner or any other person, other than the Securities Depository or the Securities Depository Nominee, of any amount with respect to the principal, premium, if any, or interest on the Series 2014 Bonds. So long as any Series 2014 Bonds are registered in Book-Entry Form, the Consolidated Government and the Paying Agent may treat the Securities Depository as, and deem the Securities Depository to be, the absolute owner of such Series 2014 Bonds for all purposes whatsoever, including without limitation: (i) the payment of principal, premium, if any, and interest on such series of Series 2014 Bonds; (ii) giving notices of redemption and other matters with respect to such Series 2014 Bonds; (iii) registering transfers with respect to such Series 2014 Bonds; (iv) the selection of Series 2014 Bonds for redemption; and Attachment number 1 \nPage 22 of 33 Item # 23 -22- ATLANTA 5572182.2 (v) voting and obtaining consents under the Bond Resolution. So long as any Series 2014 Bonds are registered in Book-Entry Form, the Paying Agent shall pay all principal, premium, if any, and interest on the Series 2014 Bonds only to the Securities Depository or the Securities Depository Nominee as shown in the Bond Register, and all such payments shall be valid and effective to fully discharge the Consolidated Government’s obligations with respect to payment of principal of, premium, if any, and interest on the Series 2014 Bonds to the extent so paid. (c) If at any time (i) the Consolidated Government determines that the Securities Depository is incapable of discharging its responsibilities described herein, (ii) the Securities Depository notifies the Consolidated Government that it is unwilling or unable to continue as Securities Depository with respect to the Series 2014 Bonds, or (iii) the Securities Depository shall no longer be registered or in good standing under the Securities Exchange Act of 1934 or other applicable statute or regulation and a successor Securities Depository is not appointed by the Consolidated Government within 90 days after the Consolidated Government receives notice or becomes aware of such condition, as the case may be, then this Section 2.5 shall no longer be applicable and the Consolidated Government shall execute and the Bond Registrar shall authenticate and deliver bonds representing the Series 2014 Bonds to the owners of the Series 2014 Bonds. Series 2014 Bonds issued pursuant to this paragraph (c) shall be registered in such names and Authorized Denominations as the Securities Depository, pursuant to instructions from the Participant or otherwise, shall instruct the Bond Registrar. Upon exchange, the Bond Registrar shall deliver such certificates representing the Series 2014 Bonds to the persons in whose names such Series 2014 Bonds are so registered on the business day immediately preceding the date of such exchange. [End of Article II] Attachment number 1 \nPage 23 of 33 Item # 23 -23- ATLANTA 5572182.2 ARTICLE III REDEMPTION OF SERIES 2014 BONDS Section 3.1. Optional and Mandatory Redemption of Series 2014 Bonds. The Series 2014 Bonds will be subject to optional and mandatory redemption prior to maturity as specified in a Supplemental Resolution to be adopted by the Governing Body. [End of Article III] Attachment number 1 \nPage 24 of 33 Item # 23 -24- ATLANTA 5572182.2 ARTICLE IV CONSTRUCTION FUND; CUSTODY AND APPLICATION OF PROCEEDS; REFUNDING PROGRAM Section 4.1. Series 2014 Project Account. The Consolidated Government hereby establishes a separate special account for the Construction Fund designated as the “Series 2014 Capital Improvement Account.” Proceeds from the sale of the Series 2014 Bonds shall be deposited in the Series 2014 Capital Improvement Account pursuant to Section 4.2 of this Series 2014 Resolution. The amount deposited in the Series 2014 Capital Improvement Account, together with earnings thereon, shall be held and paid out in accordance with Article IV of the Master Resolution, invested in accordance with the provisions of the Bond Resolution, and applied only to payment of Costs of the Series 2014 Project. Section 4.2. Application of Proceeds of Series 2014 Bonds. Upon the written request of the Consolidated Government, the Bond Registrar shall authenticate and deliver the Series 2014 Bonds to the purchaser or purchasers and shall receive a receipt for the Series 2014 Bonds. The Consolidated Government shall apply the proceeds from the sale of the Series 2014 Bonds as follows: (i) A sufficient sum, together with sinking fund accruals allocable to the Refunded Bonds and other lawfully available funds, such amounts to be specified in a Supplemental Resolution to be adopted by the Governing Body, shall be deposited into the 2004 Defeasance Account, to pay, upon redemption prior to maturity, all outstanding Refunded Bonds as provided in Section 4.5; (ii) An amount to be specified in a Supplemental Resolution to be adopted by the Governing Body needed to fund the Debt Service Reserve Requirement under the Bond Resolution relating to the Series 2014 Bonds shall be deposited in the Debt Service Reserve Account held within the Sinking Fund; and (iii) The balance of the proceeds from the sale of the Series 2014 Bonds shall be deposited into the Series 2014 Capital Improvement Account of the Construction Fund. Notwithstanding the foregoing, if the Mayor shall determine that a different application of funds is required to carry out the intent of this Series 2014 Resolution, the Mayor may provide for such different application of funds in the authentication order to be delivered at the time of issuance of the Series 2014 Bonds. Section 4.3. Redemption of Refunded Bonds. The Refunded Bonds be and the same are hereby called for redemption on October 2, 2014, but only if funds for their redemption are on deposit at the place of redemption on October 2, 2014, at a redemption price of 100.0% of the principal amount outstanding thereof plus accrued interest to the date of redemption. The owners of the Refunded Bonds should present the same for payment on October 2, 2014; provided, however, the Refunded Bonds shall be deemed not to have been called for redemption Attachment number 1 \nPage 25 of 33 Item # 23 -25- ATLANTA 5572182.2 on October 2, 2014 if funds for the redemption of all of the Refunded Bonds called for redemption are not on deposit at the place of payment on October 2, 2014. Section 4.4. Direction to Paying Agent for the Refunded Bonds. The Consolidated Government hereby authorizes and directs the 2004 Paying Agent to mail the notice of redemption of the Refunded Bonds not later than September 1, 2014 to the registered owners of the Refunded Bonds to be redeemed at the addresses that appear on the bond registration book kept by the bond registrar for the Refunded Bonds, which notice shall be in substantially the form attached hereto as Exhibit A. Section 4.5. Creation of 2004 Defeasance Account. Simultaneously with the issuance and delivery of the Series 2014 Bonds herein authorized to be issued, a sufficient sum derived from the sale of the Series 2014 Bonds, together with sinking fund accruals allocable to the Refunded Bonds and other lawfully available funds, shall be deposited in trust with the 2004 Paying Agent in a special segregated account hereby created and designated the “2004 Defeasance Account,” to pay the principal of and interest on the Refunded Bonds on October 2, 2014. The moneys so deposited with the 2004 Paying Agent and all income derived from such moneys shall be subject to a lien and charge in favor of the owners of, and are hereby pledged to the payment of, the Refunded Bonds, shall not be commingled with other moneys on deposit with the 2004 Paying Agent, and shall be held in trust for the security of the owners of the Refunded Bonds until used and applied as hereinafter provided. The moneys to be so deposited in trust in the 2004 Defeasance Account have been calculated as being sufficient and shall be used to redeem all of the Refunded Bonds by making the following payment on October 2, 2014: Date Principal Interest Total 10/2/2014 $160,000,000 $23,333.33 $160,023,333.33 Any moneys remaining in the 2004 Defeasance Account following the redemption of the Refunded Bonds on October 2, 2014, shall be deposited to the Debt Service Account. Section 4.6. Termination of Rights. The Consolidated Government acknowledges and intends that, by virtue of the deposits into the 2004 Defeasance Account, the Refunded Bonds shall be deemed to have been paid and that, consequently, the rights granted to the owners of the Refunded Bonds under the Prior Lien Resolution (except for purposes of payment, registration, exchange, and transfer), shall cease, determine, and become void. [End of Article IV] Attachment number 1 \nPage 26 of 33 Item # 23 -26- ATLANTA 5572182.2 ARTICLE V GENERAL PROVISIONS Section 5.1. Continuing Disclosure for Series 2014 Bonds. The Consolidated Government hereby covenants and agrees that it shall comply with and carry out all of the provisions of the Continuing Disclosure Certificate executed by the Consolidated Government and to be dated as of the date of the issuance and delivery of the Series 2014 Bonds, as originally executed and as it may be amended from time to time in accordance with its terms (the “Series 2014 Disclosure Certificate”). Notwithstanding any other provision of the Bond Resolution, failure of the Consolidated Government to comply with the Series 2014 Disclosure Certificate shall not be considered a default or an Event of Default under the Bond Resolution. It is expressly provided, however, that any beneficial owner of the Series 2014 Bonds may take such action, to the extent and in such manner as may be allowed by applicable law, as may be necessary and appropriate, including seeking mandamus or specific performance by court order, to cause the Consolidated Government to comply with its obligations under this Section 5.1. [End of Article V] Attachment number 1 \nPage 27 of 33 Item # 23 -27- ATLANTA 5572182.2 ARTICLE VI MISCELLANEOUS PROVISIONS Section 6.1. Continuance and Effect of Bond Resolution. The Consolidated Government hereby confirms the existence and applicability of the Bond Resolution and ratifies, restates, and reaffirms its representations, warranties, covenants, and agreements and all of the applicable terms, conditions, and provisions as set forth in the Bond Resolution and as supplemented and amended by this Series 2014 Resolution. Except where otherwise expressly indicated in this Series 2014 Resolution, the provisions of the Bond Resolution are to be read as part of this Series 2014 Resolution as though copied verbatim herein, and provisions of this Series 2014 Resolution shall be read as additions to, and not as substitutes for or modifications of (except as otherwise specifically provided herein), the provisions of the Bond Resolution. Except as expressly amended, modified, or supplemented by this Series 2014 Resolution, all of the terms, conditions, and provisions of the Bond Resolution shall remain in full force and effect. In executing and delivering this Series 2014 Resolution, the Consolidated Government shall be entitled to all powers, privileges, and immunities afforded to the Consolidated Government and shall be subject to all the duties, responsibilities, and obligations of the Consolidated Government under the Bond Resolution. Except as expressly amended, modified, or supplemented by this Series 2014 Resolution, all of the terms, conditions, and provisions of the Bond Resolution are hereby declared applicable to and broadened and extended so as to cover the Series 2014 Bonds and shall for all purposes apply to the Series 2014 Bonds as if the Series 2014 Bonds had been originally issued under the Consolidated Government of the Bond Resolution simultaneously with the Prior Bonds. Section 6.2. Designation of Bond Registrar and Paying Agent for the Series 2014 Bonds. The Consolidated Government hereby designates U.S. Bank National Association, Atlanta, Georgia, as Bond Registrar and Paying Agent for the Series 2014 Bonds. Section 6.3. Validation of Series 2014 Bonds. The Consolidated Government shall deliver a certified copy of this Series 2014 Resolution with an appropriate notice signed by the Attesting Officer to the District Attorney for the Augusta Judicial Circuit accompanied by the request that the District Attorney proceed with the validation of the Series 2014 Bonds. Section 6.4. Preliminary Official Statement; Official Statement; and Deemed Final Certificate. The Series 2014 Bonds are hereby authorized to be sold pursuant to competitive sale and there is hereby authorized a Notice of Sale and a Preliminary Official Statement to be prepared and distributed to all securities dealers deemed to have an interest in purchasing all, but not a part, of the Series 2014 Bonds. Once the bids are received for the sale of the Series 2014 Bonds pursuant to the Notice of Sale, the Mayor is authorized to accept the bid with the lowest total interest cost and the Governing Body will adopt a Supplemental Resolution ratifying the acceptance of the winning bid for the Series 2014 Bonds and setting forth, among other things, the final interest rates on, maturities, redemption provisions, principal amount of the Series 2014 Bonds, which interest rates and principal amounts shall be within the parameters set forth in this Series 2014 Bond Resolution. Attachment number 1 \nPage 28 of 33 Item # 23 -28- ATLANTA 5572182.2 The Consolidated Government hereby authorizes the Mayor or the Mayor Pro Tem to deem the Preliminary Official Statement final, except for “Permitted Omissions,” as of its date for purposes of Rule 15c2-12 promulgated under the Securities Exchange of 1934, as amended (the “Rule”). As used herein, “Permitted Omissions” shall mean the offering price(s), interest rate(s), selling compensation, aggregate principal amount, principal amount per maturity, delivery dates, ratings, the identity of the underwriter or bond insurer and other terms of the Series 2014 Bonds and any underlying obligations depending on such matters, all with respect to the Series 2014 Bonds and any underlying obligations. The execution and delivery of the “deemed final certificate” required by the Rule are hereby authorized and approved. The execution of the “deemed final certificate” by the Mayor or Mayor Pro Tem as hereby authorized shall be conclusive evidence of the approval of any changes to the Preliminary Official Statement. In addition, the Supplemental Resolution will provide for the preparation and distribution of a final Official Statement. Section 6.5. Authorization of Series 2014 Registrar and Paying Agent Agreement. The form, terms, and conditions and the execution, delivery, and performance of the Series 2014 Registrar and Paying Agent Agreement, which has been filed with the Consolidated Government, are hereby approved and authorized. The Series 2014 Registrar and Paying Agent Agreement shall be in substantially the form submitted to the Governing Body with such changes, corrections, deletions, insertions, variations, additions, or omissions as may be approved by the Mayor, whose approval thereof shall be conclusively evidenced by the execution of such contract. The Mayor is hereby authorized and directed to execute on behalf of the Consolidated Government the Series 2014 Registrar and Paying Agent Agreement, and the Clerk of Commission is hereby authorized and directed to affix thereto and attest the seal of the Consolidated Government, upon proper execution and delivery of the other party thereto, provided, that in no event shall any such attestation or affixation of the seal of the Consolidated Government be required as a prerequisite to the effectiveness thereof, and the Mayor and Clerk of Commission are authorized and directed to deliver such contract on behalf of the Consolidated Government. Section 6.6. Effective Date. This Series 2014 Resolution shall take effect immediately upon its adoption. Section 6.7. Repeal of Conflicting Resolutions. Any and all resolutions, or parts of resolutions, if any, in conflict with this Series 2014 Resolution are hereby repealed. Section 6.8. General Authorization. From and after the date of adoption of this Series 2014 Resolution, the officials, employees, and agents of the Consolidated Government are hereby authorized to do all such acts and things and to execute and deliver any and all other documents, agreements, certificates (including, without limitation, the Series 2014 Disclosure Certificate), and instruments as may be necessary or desirable in connection with the execution, delivery, and sale of the Series 2014 Bonds, the investment of the proceeds of the Series 2014 Bonds, and the transactions contemplated on the part of the Consolidated Government by the Series 2014 Resolution. The Mayor and Clerk of Commission are hereby authorized and directed to prepare and furnish to the purchasers of the Series 2014 Bonds, when the Series 2014 Bonds are issued, certified copies of all proceedings and records of the Consolidated Government relating to the Series 2014 Bonds or to this Series 2014 Resolution, and such other Attachment number 1 \nPage 29 of 33 Item # 23 -29- ATLANTA 5572182.2 affidavits and certificates as may be required to show the facts relating to the legality and marketability of the Series 2014 Bonds as such facts appear from the books and records in the officers’ custody and control or as otherwise known to them. All such certified copies, certificates, and affidavits, including any heretofore furnished, shall constitute representations of the Consolidated Government as to the truth of all statements contained therein. Section 6.9. Waiver of Bond Audit. The Consolidated Government hereby approves the publication of the requisite legal notice waiving the performance audit and performance review requirements of Section 36-82-100 of the Official Code of Georgia Annotated. Section 6.10. Bond Resolution Constitutes a Contract. This Series 2014 Resolution supplements and amends a contract with the Bondholders binding the Consolidated Government, and therefore it is proper and appropriate for the Mayor to execute the same on behalf of the Consolidated Government and for the Clerk of Commission to attest the same. [Signatures on following page] Attachment number 1 \nPage 30 of 33 Item # 23 -30- ATLANTA 5572182.2 PASSED, ADOPTED, SIGNED, APPROVED, AND EFFECTIVE this 5th day of October 2014. AUGUSTA, GEORGIA (SEAL) By: Mayor Attest: Clerk of Commission Attachment number 1 \nPage 31 of 33 Item # 23 ATLANTA 5572182.2 EXHIBIT A NOTICE OF CALL FOR REDEMPTION AUGUSTA, GEORGIA WATER AND SEWERAGE REVENUE BONDS, SERIES 2004 NOTICE IS HEREBY GIVEN that, pursuant to the provisions of that certain Supplemental Bond Resolution adopted by the Augusta-Richmond County Commission on November 23, 2004, authorizing the issuance by Augusta, Georgia of $160,000,000 in aggregate principal amount of its revenue bonds known as “Augusta, Georgia Water and Sewerage Revenue Bonds, Series 2004” (the “Bonds”), dated December 9, 2004, bearing interest at the rate per annum set forth below opposite the principal maturity, all interest payable on April 1 and October 1 in each year, and the principal maturing on October 1 in the years and the amounts set forth below: Year Amount Rate CUSIP 2034 $ 40,025,000 5.25% 051249 ER7 2039 119,975,000 5.25 051249 ES5 have been called for redemption on October 2, 2014, but only if funds for their redemption are on deposit at the place of redemption on October 2, 2014, at a redemption price of 100.0% of the principal amount outstanding thereof plus accrued interest to the date of redemption. Funds for the redemption and payment of the Bonds and the interest then due thereon to October 2, 2014 will be available at U.S. Bank National Association, on October 2, 2014, but only if funds for the redemption of all Bonds are on deposit at the place of redemption on October 2, 2014, and all Bonds should be presented to said bank for redemption and payment on said date. All Bonds shall cease to bear interest on and after October 2, 2014, provided funds for the redemption of all Bonds called for redemption are on deposit at the place of payment on October 2, 2014. All Bonds delivered for redemption shall be accompanied by proper instruments in blank. If funds for the redemption of all Bonds called for redemption are not on deposit at the place of payment on October 2, 2014, the Bonds shall be deemed not to have been called for redemption on October 2, 2014 and shall remain outstanding and shall continue to bear interest. U.S. BANK NATIONAL ASSOCIATION, as Paying Agent and Bond Registrar By: Authorized Officer Attachment number 1 \nPage 32 of 33 Item # 23 ATLANTA 5572182.2 STATE OF GEORGIA RICHMOND COUNTY CLERK’S CERTIFICATE I, LENA J. BONNER, Clerk of Commission of Augusta, Georgia, DO HEREBY CERTIFY that the foregoing pages constitute a true and correct copy of the Series 2014 Bond Resolution adopted by the Augusta-Richmond County Commission (the “Commission”) at an open public meeting duly called and lawfully assembled at 2:00 p.m., on the 5th day of August 2014, in connection with the issuance and sale of not to exceed $198,000,000 in original aggregate principal amount of revenue bonds designated “Augusta, Georgia Water and Sewerage Revenue Refunding and Improvement Bonds, Series 2014,” the original of such Series 2014 Bond Resolution being duly recorded in the Minute Book of the Commission, which Minute Book is in my custody and control. I do hereby further certify that the Mayor, Deke S. Copenhaver, and the following members of the Commission were present at such meeting: William Fennoy Corey Johnson Mary Davis Alvin Mason Bill Lockett Joe Jackson Donnie Smith Wayne Guilfoyle Marion Williams Grady Smith and that the following members were absent: and that such resolution was duly adopted by a vote of: Aye ___ Nay ___ WITNESS my hand and the official seal of Augusta, Georgia, this the 5th day of August 2014. (SEAL) Clerk of Commission Attachment number 1 \nPage 33 of 33 Item # 23 R E P O R T Engineer’s Report Water and Sewerage Revenue Refunding and Improvement Bonds Second Resolution, Series 2014 PREPARED FOR Augusta Utilities Department PREPARED BY AUGUST 2014 Attachment number 2 \nPage 1 of 71 Item # 23 ii Contents Acronyms ............................................................................................................................................. v Introduction ......................................................................................................................... 1-1 1.1 Purpose .................................................................................................................... 1-1 1.2 References ................................................................................................................ 1-2 1.3 Assumptions ........................................................................................................... 1-2 System History and Organization, and County Growth ............................................ 2-1 2.1 Organizational Structure ....................................................................................... 2-2 2.1.1 Augusta ....................................................................................................... 2-2 2.1.2 System Management ................................................................................. 2-2 2.2 Augusta Population Trends .................................................................................. 2-5 Water System ....................................................................................................................... 3-1 3.1 Overview of Potable Water System ..................................................................... 3-1 3.2 Water Service Area ................................................................................................. 3-1 3.3 Water Supply .......................................................................................................... 3-2 3.3.1 Raw Water Pumping ................................................................................. 3-4 3.3.2 Raw Water Transmission and Storage ................................................... 3-5 3.4 Water Treatment Facilities .................................................................................... 3-6 3.4.1 Highland Avenue and NM Hicks WTP System Processes .................. 3-6 3.5 Finished Water Storage, Chemical Feed Systems, and High Service Pumping3-7 3.5.1 Finished Water Storage ............................................................................. 3-7 3.5.2 Chemical Feed Systems ............................................................................ 3-8 3.5.3 High Service Pumping .............................................................................. 3-8 3.6 Water Distribution System .................................................................................... 3-9 3.7 Water Quality ........................................................................................................ 3-14 3.8 Projected Water Demand .................................................................................... 3-14 3.9 Regulatory Impacts .............................................................................................. 3-17 3.9.1 Existing Regulations ............................................................................... 3-18 3.9.2 Future Regulations .................................................................................. 3-20 Wastewater System ............................................................................................................ 4-1 4.1 Overview of Wastewater System ......................................................................... 4-1 4.2 Wastewater Collection and Conveyance ............................................................ 4-2 4.3 Wastewater Treatment Facilities .......................................................................... 4-3 4.4 Projected Wastewater Flows ................................................................................. 4-5 4.5 Regulatory Impacts ................................................................................................ 4-7 4.5.1 Watershed Management .......................................................................... 4-7 4.5.2 Total Maximum Daily Load Development ............................................ 4-7 4.5.3 NPDES Permitting and Nutrient Management .................................... 4-8 4.5.4 Onsite Septage Systems ............................................................................ 4-8 4.5.5 Residuals Management and 503 Regulations ........................................ 4-9 4.5.6 Stormwater Pollution Prevention Plan (SWP3) .................................... 4-9 4.5.7 Spill Prevention, Control, and Countermeasures Plan (SPCCP) ........ 4-9 4.5.8 Municipal Storm Water Discharge Permit ........................................... 4-10 Attachment number 2 \nPage 2 of 71 Item # 23 CONTENTS (CONTINUED) iii Proposed System Capital Improvement Plan ............................................................... 5-1 5.1 Planning Criteria and Assumptions .................................................................... 5-1 5.2 Cost Opinions for Recommended Projects ......................................................... 5-3 5.3 Summary of Capital Improvements .................................................................... 5-4 5.3.1 Water Treatment ........................................ Error! Bookmark not defined. 5.3.2 Water Distribution System ....................................................................... 5-4 5.3.3 Wastewater Conveyance .......................... Error! Bookmark not defined. 5.3.4 System-wide Improvements .................... Error! Bookmark not defined. 5.4 Anticipated Future Work ...................................... Error! Bookmark not defined. Financial Performance ........................................................ Error! Bookmark not defined. 6.1 Historical Performance .......................................... Error! Bookmark not defined. 6.2 Water and Sewer Rates .......................................... Error! Bookmark not defined. 6.3 Financial Policies .................................................... Error! Bookmark not defined. 6.4 Projected Operating Results .................................. Error! Bookmark not defined. 6.4.1 Revenues ..................................................... Error! Bookmark not defined. 6.4.2 Expenses ..................................................... Error! Bookmark not defined. 6.4.3 Debt Service ................................................ Error! Bookmark not defined. 6.4.4 Debt Service Coverage .............................. Error! Bookmark not defined. 6.4.5 Operating Fund Balances ......................... Error! Bookmark not defined. 6.5 Capital Financing.................................................... Error! Bookmark not defined. 6.6 Conclusions ............................................................. Error! Bookmark not defined. Tables Table 2-1 Historic Population and Projections Table 3-1 Water Withdrawal Permits Table 3-2 Existing Equipment at the Raw Water Pump Station Table 3-3 Water Treatment Plants and Chlorination System Table 3-4 table 3-5 Pressure Gradient Summary Table 3-6 Surface Water Storage Facilities Table 3-7 Surface Water Pumping Facilities Table 3-8 Groundwater System Storage Facilities Table 3-9 Groundwater System Pumping Facilities Table 3-9 (Continued) Groundwater System Pumping Facilities Table 3-10 Water Demand 2011 Table 3-11 Attachment number 2 \nPage 3 of 71 Item # 23 CONTENTS (CONTINUED) iv The 10 Largest Water Customers (for the 12-month period ending December 31, 2011) Table 3-12 Historic and Projected Water Consumption Table 3-13 Historic and Projected Water Usage by Customer Class Table 3-14 Summary of Stage 1 D/DBP Rule Limits TABLE 4-1 Wastewater Treatment Plants Owned by Augusta Table 4-2 J. B. Messerly WPCP Effluent Limitations Table 4-3 Spirit Creek Effluent Limitations Table 4-4 Wastewater Flows (mgd)1 Table 4-5 10 Largest Wastewater Customers, (for the 12-month period ending December 31, 2011) Table 5-1 2012 Series Bond Projects—Summary of Estimated Costs Table 5-2 2012 Series Bond Projects—Summary of Estimated Water Treatment Costs Table 5-5 2012 Series Bonds Projects—Summary of Estimated Wastewater Conveyance System Costs TABLE 5-5.2 TABLE 5-5.3 2012Series Bonds Projects—Estimated Wastewater Conveyance System Costs: 5.3.4.3 Renewal and Replacement Table 5-6 2012 Series Bonds Projects—Summary of Estimated System-wide Costs Table 6-3 Water and Sewer System Forecast Operating Results Table 6-4 Operating Fund, Forecasted Sources and Uses of Cash Flows Attachment number 2 \nPage 4 of 71 Item # 23 v Acronyms AL Action Limit AMWA Association of Metropolitan Water Agencies ASCE American Society of Civil Engineers AUD Augusta Utilities Department AWWA American Water Works Association BMP Best Management Practice BPS booster pump station CFR Code of Federal Regulations cfs cubic feet per second CGFM Certified Government Financial Manager CIP Capital Improvement Plan CMOM Capacity, Maintenance, Operation, and Management CPA Certified Public Accountant CPE Chartered Pension Executive CT Contact Time CWA Clean Water Act D/DBP Disinfectants/Disinfection Byproducts Rule DI ductile iron DNR Department of Natural Resources DO Dissolved Oxygen EPA United States Environmental Protection Agency EPD State of Georgia, Department of Natural Resources, Environmental Protection Division FAC Federal Advisory Committee FM force main fps feet per second ft2 square feet FTE Full-time Equivalent FY Fiscal Year GEFA Georgia Environmental Finance Authority gpcpd gallons per capita per day gpd gallons per day gpm/ft2 gallons per minute per square foot GWTP groundwater treatment plant HAA Haloacetic Acid HPC Heterophic Plant Count I/I infiltration and inflow Attachment number 2 \nPage 5 of 71 Item # 23 ACRONYMS (CONTINUED) vi IDSE Initial Distribution System Evaluation IESWTR Interim Enhanced Surface Water Treatment Rule IT Information Technology kgal 1,000 gallons LRAA Locational Running Annual Average LT1ESWTR Long-Term 1 Enhanced Surface Water Treatment Rule LT2ESWTR Long-Term 2 Enhanced Surface Water Treatment Rule MCL(G) maximum contaminant level (goal) MG million gallons mg/L Milligrams per Liter mgd million gallons per day MS4 Municipal Separate Storm Sewer System MSA Metropolitan Statistic Area msl mean sea level NPDES National Pollutant Discharge Elimination System NTU Nephelometric Turbidity Unit O&M Operations and Maintenance PAC Powdered Activated Carbon PE Professional Engineer PRV Pressure-Reducing Valves PS pump station PSI pounds per square inch PVC polyvinyl chloride RMP risk management plan SDWA Safe Drinking Water Act SPCCP Spill Prevention, Control, and Countermeasures Plan SWAP Source Water Assessment Plan SWP3 Stormwater Pollution Prevention Plan SWTR Surface Water Treatment Rule TDH Total Dynamic Head TM Technical Memorandum TMDL Total Maximum Daily Load TSS Total Suspended Solids TTHM total trihalomethanes UV Ultraviolet WEF Water Environment Federation WPCP Water Pollution Control Plant WTP water treatment plant WWTP wastewater treatment plant Attachment number 2 \nPage 6 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND SEWERAGE REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 2014 1-1 Introduction 1.1 Purpose ZEL Engineers was retained to prepare this Engineer’s Report (“the Report”) of the feasibility of issuing Augusta, Georgia Water and Sewerage Revenue Refunding and Improvement Bonds, Second Resolution Series 2014 (the “Series 2014 Bonds”). This Report identifies capital improvements to be financed through the Series 2014 Bonds. In addition, proceeds of the Series 2014 Bonds will be used to refund Series 2004 Revenue Bonds, which is estimated to provide Present Value Savings of $____M. The proceeds of the Series 2014 Bonds (other than proceeds applied to the refunding) will be applied in the following approximate amounts: $31,000,000 will finance improvements to the Augusta water and wastewater system; $___________will be used to fund costs of issuance (including underwriter’s discount, legal fees, rating fees, and other miscellaneous costs associated with issuance of the Series 2014 Bonds); The “System” is defined as the water and wastewater facilities that are owned and operated by Augusta, Georgia (Augusta) together with all water and wastewater facilities acquired or used by Augusta in furnishing water and wastewater services. Major components of the System are referred to herein as the “Water System” and the “Wastewater System.” This Report contains the following sections: Section 1 – Introduction – outlines authorization and purpose of the Report, study references, and assumptions. Section 2 – System History and Organization, and County Growth – provides an overview of the System’s history, organization, management, and county population trends. Section 3 – Water System – describes the current Water System service area, facilities, operations, and assets. Section 4 – Wastewater System – describes the current Wastewater System’s service area, facilities, operations, and assets. Section 5 – Proposed System CIP – provides the planning criteria and assumptions used for identifying needed capital improvements and it describes the purpose and function of categories of planned improvements. Section 6 – Financial Performance – describes historical and projected financial performance, Augusta’s financial policies, and a funding analysis for the Series 2012 Bonds. Attachment number 2 \nPage 7 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND SEWERAGE REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 2014 1-2 1.2 References ZEL Engineers reviewed and relied upon information provided by the Augusta Utilities Department (AUD or the Department). As part of previous and current project assignments ZEL Engineers has independently verified a significant portion of this information. Although ZEL Engineers offers no assurances regarding information not independently verified, it has no reason to believe that the information is invalid for the purposes of this Report. Information used to complete this Report included: Interviews with Department staff Preliminary Official Statement, Augusta, Georgia Water and Sewerage Revenue Refunding and Improvement Bonds, Series 2014, dated September 2014 Augusta Utilities Department, 2014 Budget Workbook Augusta-Richmond County, Georgia, Annual Financial Statements, 2009-2014 Augusta-Richmond County Utilities, Financial Statements and Accompanying Information for the year ended 2009-2014 Augusta-Richmond County Utilities, Miscellaneous Statistical Data for the years ended 2007-2011 (prepared by Augusta Utilities Department) Augusta-Richmond County Comprehensive Plan 2004 and 2008, (prepared by Augusta- Richmond County Planning Commission) Technical Memorandum: Population Trends and Water/Wastewater Flow Projections, July 12, 2004 (prepared by Diane Reilly, Consulting Economist) Master Plan 2012 for Water and Wastewater Systems, Augusta Utilities Department, Summary of Recommendations for Expansions and Improvements, August, 2014 (prepared by Constantine Engineering) Master Plan 2000 for Water and Wastewater Systems, Augusta Utilities Department, Technical Memorandum 5.2: Augusta-Richmond County Wastewater Conveyance System Evaluation, April 4, 2002 (prepared by CH2M HILL) 1.3 Assumptions ZEL Engineers also made certain assumptions about future conditions with regard to the System. While these assumptions are reasonable for the purposes of this Report, actual conditions may differ somewhat from those assumed. To the extent that future conditions differ from those assumed, results may vary from those forecast. ZEL Engineers’ principal assumptions regarding future conditions are: The future conditions continue to be as described in the Series 2012, and 2014 Engineering Reports. Attachment number 2 \nPage 8 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND SEWERAGE REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 2014 1-3 Augusta, GA population will increase from the 2000 level of 199,775 to 224,715 by 2025, according to the Augusta-Richmond County Comprehensive Plan 2008. In addition, many areas of Augusta are under development as a result of a shift in growth patterns. This has required that the Department improve water and wastewater infrastructure to serve existing and new customers. Augusta has a policy that mandates conversion to central wastewater collection when service is available. The Augusta Utilities Department has plans to ensure enforcement but conservatively estimates that actual connections will occur over a period of 3 years following completion of new collection lines. System water consumption and wastewater flows will increase in proportion to the forecast increases in the number of water and wastewater accounts and decreased per capita flows. System per capita residential water consumption will decrease by an estimated 1.2 percent over the next 12 years (0.1% per year) due to the implementation of local and statewide water conservation measures and response to improved water use metering and projected rate increases. Availability of water from the Savannah River for hydro-mechanical motive force for pumping and as the raw water source for the Highland Avenue Water Treatment Plant will continue unaffected through the planning period. The Augusta, GA Commission will adopt the rate increases necessary to implement the financial plan outlined in Section 6. Additional assumptions used in preparing the CIP are described in Section 5. Attachment number 2 \nPage 9 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND SEWERAGE REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 2014 2-1 System History and Organization, and County Growth Augusta, Georgia is a political subdivision of the State of Georgia, created on January 1, 1996, pursuant to Acts of the General Assembly of the State of Georgia, which authorized the consolidation of the municipal corporation known as “The City Council of Augusta” and the political subdivision known as “Richmond County, Georgia” (the “Consolidation Charter”). See Figure 2-1 for the County’s location in Georgia. Augusta owns the water supply, treatment, and distribution system, as well as the wastewater collection and treatment system. The Department is responsible for the operation and maintenance of the water treatment and distribution facilities (the “Water System”), as well as the wastewater conveyance and treatment facilities (the “Wastewater System”) that serve Augusta’s service area. In addition, the Department provides customer service functions including meter reading and customer billing, revenue collections, and inspection of new construction. Attachment number 2 \nPage 10 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND SEWERAGE REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 2014 2-2 2.1 Organizational Structure 2.1.1 Augusta 2.1.2 System Management On January 1, 1996, Augusta, GA was created as a consolidated city-county government, whose territorial jurisdiction extends to all of what was formerly Richmond County. Blythe, and Hephzibah, small municipalities with estimated current (2010) populations of 810 and 4,373, respectively, still hold their own municipal charters within the consolidated territory. The relationship between Augusta, GA and Blythe and Hephzibah is similar to that of counties and municipalities within the territorial limits of such counties. As a result of consolidation, Augusta is able to provide public services throughout its territorial limits through a single organization and management structure. Augusta has a municipal form of government. Under the Consolidation Charter, the governing authority of Augusta is a board of commissioners designated as the Augusta, GA Commission (the “Commission”). The Commission consists of a Mayor, who is the chief executive officer of the Commission, and 10 commissioners. The System is managed by Augusta through the Utilities Department. The Administrator of Augusta, who is appointed by the Commission upon recommendation of the Mayor, oversees the management of the operations and capital program of the various Departments. The chief managerial officer of the Utilities Department is the Director, who is appointed by the Commission. Donna Williams, C.G.F.M, has served as the Director of Finance of Augusta since November 2007. She has been employed by Richmond County and Augusta, GA for approximately 30 years and served as the Assistant Director of Finance from 1984 until she assumed the position of Interim Director of Finance on March 1, 2006 and the position of Director of Finance on November 8, 2007. Ms. Williams earned a Certified Governmental Financial Manager certificate in 1997 and received a B.B.A. degree in Accounting from Augusta State University in 1979. Tom Wiedmeier, P. E., has served as the Utilities Department Director since December 2009. He had previously served in various positions with the former City of Augusta and Augusta, GA from 1988 through 2000 including four years as Assistant Director of the Utilities Department. From 2000 until his return to Augusta Utilities as Director, he was employed as Senior Project Manager for Tetra Tech. Mr. Wiedmeier serves on the State Water Planning Council for the Savannah/Upper Ogeechee River basin, and is active in the Georgia Association of Water Professionals. He received a Bachelor of Civil Engineering Degree from the Georgia Institute of Technology in 1984, and is a registered Professional Engineer in the State of Georgia Steven J. Little, C.P.A. has been the Assistant Director of Finance and Administration of the Utilities Department since December of 2001. From 2000 to 2001, he was the Assistant to the Chief Financial Officer at the national headquarters for Electrolux Home Products, makers of Frigidaire appliances, located in Augusta, Georgia. Prior to that, he was the Chief Financial Officer for a start-up medical referral company and its sister corporation in Aiken, South Carolina. His previous experience includes over 10 years of public accounting, with an emphasis in auditing local governments, and internal auditing for a private utility company. Mr. Little is a licensed certified public accountant and currently serves as a Attachment number 2 \nPage 11 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND SEWERAGE REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 2014 2-3 member of the Finance and Administration Subcommittee for the Utility Management Committee of the Water Environment Federation. He received a B.B.A. degree in Accounting from Iowa State University in 1982. D. Allen Saxon, Jr. is the Assistant Director for Facility Operations with responsibility for all wastewater treatment and water production facilities. Previously, he was the Assistant Director of Wastewater for the Utilities Department from March 5, 2001 until March 31, 2012. Mr. Saxon served as the Supervisor of Water Pollution Control for the former City of Augusta for 17 years until September of 1994, when he resigned to further his education. He is an active member of the Georgia Association of Water Professionals, the Water Environment Federation and the American Water Works Association. Mr. Saxon was Georgia’s 1990 recipient of the William D. Hatfield Award from the Water Environment Federation. Mr. Saxon earned a B.B.A. degree in 1983 from Augusta State University and an M.S. degree in 1996 from Georgia State University. Mr. Saxon is certified as a Class I Wastewater Treatment System Operator by the State of Georgia. Horace Luke has been the Assistant Director of Fort Gordon Operations for the Utilities Department since January 2008. Mr. Luke served as the Manager of Fort Gordon’s Water System and Water Pollution System for 28 years. He is an active member of the Georgia Association of Water Professionals, and American Water Works Association. Mr. Luke is certified by the State of Georgia as a Class I Water Treatment System Operator, Wastewater Water Treatment System Operator, Laboratory Analyst and Backflow Technician. Jerry Delaughter, P.E., has been the Assistant Director for the Engineering Division of the Utilities Department since September of 2008. He has been employed by the Augusta, GA in the Utilities Department for 7 years. Prior to his current employment, Mr. Delaughter worked for the Federal Government for 32 years in various engineering capacities. He received a B.S. degree in Civil Engineering in 1971 from Clemson University. In 1976, he obtained his Professional Engineer’s license. Mr. Delaughter is a member of the American Water Works Association, the Georgia Association of Water Professionals, and the American Society of Civil Engineers. The Department. The Department has 300 full-time equivalent (FTE) positions authorized in its fiscal year (FY) 2014. Figure 2-2 illustrates the current organization of the Department. No employees of the System are represented by labor organizations or are subject to provisions of collective bargaining agreements, and the Commission is not aware of any union organizing efforts. The System’s plant operators and maintenance and repair personnel are required to meet the certification levels prescribed by the State of Georgia Board of Certification of Water and Wastewater Operators. Augusta pays for continuing education programs to ensure that System personnel are qualified, and achieve and maintain certification of their qualifica- tions. The System’s operators meet or exceed the minimum credentials required by the State of Georgia. Additionally, all field employees must attend safety meetings and participate in safety training programs; these cover shoring and trenching, confined space entry, lock-out/tag- out, and other safety topics. Attachment number 2 \nPage 12 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND SEWERAGE REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 2014 FIGURE 2-2 UTILITIES DEPARTMENT ORGANIZATIONAL Attachment number 2 \nPage 13 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND SEWERAGE REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 2014 2-5 2.2 Augusta Population Trends After growing by 5.3 percent from 1990 to 2000, the total population of Augusta increased slightly between 2000 and 2010, from 199,775 to 200,549 according to the U.S. Bureau of the Census. Statewide, the population in Georgia, which grew by 26.4 percent during the 1990s, has increased by 18.3 percent from 2000 to 2010. Augusta ranks seventh in the State in terms of population behind five metropolitan Atlanta counties (Fulton, DeKalb, Gwinnett, Cobb, and Clayton) and Savannah’s Chatham County. While the growth rate of Augusta has been relatively modest compared to the accelerated growth experienced elsewhere in the State, Augusta’s previously undeveloped areas have experienced significant population growth. This redistribution of population has hastened some of the requirements for planned capital improvements. The growth by census tracts (Appendix A) from 2000 to 2010 is shown in Figure 2-3 by regions. Note that Regions 1, 2 and 5 represent the older, more developed City of Augusta prior to consolidation. The general population shift within Augusta to more rural areas, which previously had limited services or were not served, has required the Department to expand System capacity in these areas. Economic development is largely affected by factors beyond Augusta’s direct control including growth in adjacent counties and the health of the Augusta Metropolitan Statistical Area’s (MSA) economy. However, economic development and growth manage- ment policies of the local government will significantly impact the pattern of population distribution within the County. The projections used by ZEL Engineers in forecasting water and wastewater flows (see Sections 3.8 and 4.4) used the forecast presented in the Augusta-Richmond County Comprehensive Plan 2008, with adjustments made for the U.S. Army’s Fort Gordon on-Post population at the Fort. Augusta now provides all water and sewer utility services to the Fort’s on-base population. Table 2-1 presents the projected population, including that for Fort Gordon, for Augusta through 2025. Census based projections are not available at this time. As shown in the table, future growth is expected to be about 4% per decade. Ft Gordon population increases are expected to be very modest. TABLE 2-1 Historic Population and Projections Year 2000(H)2005(H)2010(H)2015(P)2020(P)2025(P)2030(P) Richmond Co.199,775 200,075 200,549 205,715 209,521 214,445 219,913 % Change 0.2%0.2%2.6%1.9%2.4%2.5% Augusta 195,182 194,953 195,366 200,449 204,157 208,955 214,283 % Change -0.1%0.2%2.6%1.8%2.4%2.5% Hephzibah 3,880 4,322 4,373 4,443 4,526 4,632 4,750 % Change 11.4%1.2%1.6%1.9%2.3%2.5% Blythe 713 800 810 823 838 858 880 % Change 12.2%1.3%1.6%1.8%2.4%2.6% Ft Gordon1 - - 20,903 21,000 21,100 21,200 21,300 WS Total 195,182 194,953 216,269 221,449 225,257 230,155 235,583 1 Extrapolated estimates from August 2007 Post Population Profile. On Post populations Source: 2005-2030 Projections, Augusta-Richmond County Planning Commission, October 2007 Attachment number 2 \nPage 14 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND SEWERAGE REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 2014 2-6 150,000 170,000 190,000 210,000 230,000 250,000 270,000 290,000 1990 2000 2010 2020 2030 2040 2050 2060 2070 Po p u l a t i o n Year Augusta Population Projections DCA 1.0 multiplier "DCA 1.0 + FG" Figure 2-3a State DCA Population Projections Ft Gordon on Base population is included. These are approximate values Attachment number 2 \nPage 15 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND SEWERAGE REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 2014 3-1 Water System 3.1 Overview of Potable Water System Augusta owns and operates a potable water system serving 63,266 residential and 7,896 commercial and industrial customers as of December 2011. The City draws surface water from the Savannah River and groundwater from the Tuscaloosa Formation Aquifer that lies beneath the City. Currently water is drawn from the Savannah River through the Augusta Canal that was constructed in the 1845 and enlarged in 1875. High quality raw water is pumped from the Augusta Canal to raw water basins located at the Highland Avenue Water Treatment Plant (HAWTP). The water from the Tuscaloosa Formation Aquifer is pumped by wells to groundwater water treatment plants (GWTP) Nos. 1, 2, and 3. Savannah River water is pumped to the N Max Hicks Water Treatment Plant (NMHWTP) to a raw water basin there. The water system consists of a raw surface water supply with a monthly average permitted capacity of 65 million gallons per day (mgd) and ground water supply with a monthly average allotment of 18.4 mgd. The system has raw surface water storage capacity of approximately 167 million gallons (MG), seven raw surface water pump stations with aggregate raw water pumping capacity of 111 mgd, and 21 active wells with aggregate groundwater pumping capacity of 20.3 mgd. The system includes five water treatment plants and a rural chlorination system with an aggregate rated capacity for treatment of raw water of 95 mgd and an aggregate rated treated water pumping capacity of 80.7 mgd. In addition, the system has treated water storage capacity of 50.7 MG and a water distribution network of approximately 1,350 miles of pipelines. Currently Augusta can be supplied with 95 mgd of treated water from five operating water treatment plants: Highland Avenue WTP with 60 mgd production capacity, the N. Max Hicks Tobacco Road WTP (NMHWTP) with a capacity of 15 mgd, GWTP No. 1 with 5 mgd capacity, GWTP No. 2 with 10 mgd capacity, and GWTP No. 3 with 5 mgd capacity. 3.2 Water Service Area The Water System supplies water to residential, commercial, and industrial customers located within the County. The service area encompasses approximately 210 square miles (approximately 88 percent of the land area of the County exclusive of Fort Gordon). The Augusta population plus Fort Gordon On-Post population, containing an estimated population in excess of 222,120. The equivalent population of Fort Gordon is estimated to be 20,903. The water systems of the Cities of Blythe and Hephzibah currently provide water service within their respective jurisdictions in the County. A Technical Proposal was developed by the Water System Utilities Department for the Privatization of Fort Gordon Army Installation. The privatization is implemented. The flows to supply Fort Gordon have been considered when defining future demands to assure availability of system capacity. Figure 3-1 presents the areas currently served by the Water System with overlays of major water distribution lines. Generally, the service area can be characterized as having complete Attachment number 2 \nPage 16 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND WASTEWATER REVENUE BONDS, SERIES 2014 3-2 water service coverage for potential customers who wish to connect to the Water System. Projects defined in Section 5 as part of the CIP will continue to enhance the Water System’s ability to serve this area. 3.3 Water Supply The Water System’s primary source of raw water is the Savannah River. Since 1898, Augusta has used water power to pump its water to the treatment facility 345 ft above the river. The raw water supply is pumped from the Water System’s raw water pump station (RWPS), located between the Augusta Canal and the Savannah River, to the Highland Avenue WTP through a system of parallel raw water lines. There are three raw water transmission lines following two different paths: a 30–inch-diameter cast iron pipe, 36-inch steel pipe, a 60-inch ductile iron pipe. A fourth pipe, 42” PCP, has been decommissioned. The RWPS has six raw water intakes on the canal, four primary and two secondary, plus three additional diesel-engine-driven standby raw water pumps that can pump from either the canal or the river. All this water is pumped to the HAWTP. Two other intakes on the Savannah River provide raw water supply to the Pistol Range Rd. RWPS that pumps raw water to the N Max Hicks WTP in South Augusta through electric pumps and via an 8 mile long 48” ductile iron pipeline. In addition, Augusta is permitted to withdraw supplemental raw water from the Tuscaloosa Formation aquifer through 32 wells: 21 actively producing, 10 deactivated, and 1 inactive. The Water System is currently permitted to withdraw Augusta Service Area includes Ft Gordon, but not Hephzibah or Blythe Attachment number 2 \nPage 17 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND WASTEWATER REVENUE BONDS, SERIES 2014 3-3 groundwater under Georgia Department of Natural Resources Environmental Protection Division (EPD) Permit No. 121-0007 to pump 18.4 mgd maximum month average; and 17.4 mgd maximum annual average. See Figure 3-2 for the location of the wells and WTPs in the service area. The Georgia Water Quality Control Act authorizes the EPD to regulate the withdrawal of water from lakes, streams, and aquifers in Georgia. Augusta holds permits for raw water sources as noted in Table 3-1. TABLE 3-1 Water Withdrawal Permits Permitted Withdrawal (mgd) Raw Water Source Monthly Average 24 hour Max. Day Surface Water: Highland Avenue WTP source: Savannah River/Augusta Canal EPD Permit No. 121-0191-06 45.0 50.0 Hicks WTP source: Savannah River EPD Permit No. 121-0191-09 (modified) 15.0 21.0 Groundwater: Monthly Average Annual Average 21 Active Wells – located at GWTP Nos. 1, 2, and 3 plus two individual sites (Rural Chlorination Sys.) EPD Permit No. 121-0007 18.4 17.4 Note: mgd = million gallons per day Attachment number 2 \nPage 18 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND WASTEWATER REVENUE BONDS, SERIES 2014 3-4 In 1991, Georgia EPD issued to former Richmond County a permit for withdrawal of raw water from the Savannah River of 30 mgd monthly average and 37 mgd maximum daily capacity. The intake would have been located north of Interstate 20 where a new WTP was initially planned (EPD Permit No. 121-0191-09), referred to as the North Location. Richmond County did not construct the plant. After the consolidation of the former City of Augusta and Richmond County, all permits were also consolidated. In June 2000, EPD approved the transfer of 15 mgd monthly average capacity to the current NMH WTP raw water intake location(EPD Permit No. 121-0191-09), increasing the monthly average/24-hour maximum day withdrawal capacity from the Savannah River to 60 mgd. 65 mgd maximum. A request to transfer the remaining 15-mgd capacity from the North Location to the HAWTP RWPS (EPD Permit No. 121-0191-09) is pending. 3.3.1 Raw Water Pumping Withdrawal of raw water for Augusta’s primary raw water supply is accomplished via a raw water pump station (RWPS) that has an aggregate pump capacity in excess of 111 mgd and is located at the Water System’s water intake on the Augusta Canal. Raw water pumping is accomplished primarily using two pumps, Units 1 and 4, with rated capacities of 20 mgd and 30 mgd, respectively. Units 1 and 4 are powered by water-driven double- opposed Francis ® turbines, originally constructed in 1952 and 1975, respectively, and Attachment number 2 \nPage 19 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND WASTEWATER REVENUE BONDS, SERIES 2014 3-5 improved in 1993 and 1999. Unit 1 drives a two-stage centrifugal pump and is presently undergoing complete restoration to like new condition Unit 4 drives a single-stage centrifugal pump. Units 2 and 3 are much older Francis ® turbines and centrifugal pumps (c. 1939), These pumps were originally constructed in 1898 and replaced in 1939. Units 2 and 3 have been relegated to historical and educational use. Two diesel-engine driven raw water pumps were completed in 2008. Each pumps 22 mgd from the River, 24 mgd from the canal. An additional bay can accommodate another pump driven either by a diesel engine or by an electric motor. A fifth unit, Unit 5, is a standby diesel-engine-driven raw water pump, with a water intake which can also be used from the Augusta Canal or the Savannah River, and a pumping capacity of 20/17 mgd. This standby auxiliary pump was originally constructed in 1975 and is housed in the same building as Unit 4, which received major upgrading in 1999. See Table 3-2 for detailed information on the raw water pumps. Table 3-2 outlines information on the raw water pump station equipment as well as their general condition. The Department maintenance staff has rated the pumps based upon equipment age, performance, and reliability. Those rated “good” are considered reliable for continuous use with little maintenance, while those rated “fair” are older and considered reliable only for occasional use. For pumps rated “fair”, maintenance is more difficult due to age of equipment and wear. Upgrading of the pump station is part of the planned capital improvements described in Section 5. TABLE 3-2 Existing Equipment at the Raw Water Pump Station Pump No. Flow Capacity (mgd) Turbine Flow (cfs) Installed Capacity Comments No. 1 20 550 1,650 hp Good condition No. 2 9 (retired) 250 750 hp Fair condition No. 3 9 (retired) 250 750 hp Fair condition No. 4 30 814 2,500 hp Good condition No. 5 20/17* 0 (Diesel-driven) 2,000 hp Good condition No. 6 24/22** 0 (Diesel-driven) 2,000 hp New condition No. 7 24/22** 0 (Diesel-driven) 2,000 hp New condition *17(**22) if withdrawing water directly from the river Source: Augusta Utilities Department, Water Treatment Division Note: cfs = cubic feet per second 3.3.2 Raw Water Transmission and Storage Raw water is currently transmitted from the RWPS to raw water holding basins at the Highland Avenue WTP via three pipelines: a 30-inch cast iron pipe (c 1898), a 36-inch steel pipe (c 1952), and a 60-inch ductile iron (DI) pipe (c 2005). (A 42-inch pre-stressed concrete cylinder pipe (c 1974) has been taken out of service to be evaluated for possible use as a backup supply line.) The pipelines have a total capacity range of 102.15 to 163.40 mgd or a Attachment number 2 \nPage 20 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND WASTEWATER REVENUE BONDS, SERIES 2014 3-6 firm carrying capacity with the 60-inch line out of service of 38.7 to 61.88 mgd, at typical velocity ranges of 5 to 8 feet per second (fps) for pumped flow. The Highland Avenue WTP has raw water storage capacity of approximately 379 acre-feet or 124 MG at two raw water basins that serve the Water System. They provide pre-settling of suspended matter in the raw water as well as storage during times of low river or canal flows. Water flows by gravity from these holding basins to the WTP. The NMHWTP likewise has one basin of 45 MG that also provides water to the plant by gravity. Both plants are capable of by-passing the basins. 3.4 Water Treatment Facilities Augusta owns two Surface WTPs and three GWTPs, as summarized in Table 3-3. TABLE 3-3 Water Treatment Plants and Chlorination System Plants EPD Operating Permit No. CS2450000 Rated Capacity for Treatment of Raw Water <2012 Production of Treated Water (maximum day) Date of Original Construction Dates of Improvements Highland Avenue WTP Permitted to 60 mgd 60.0 mgd _48 mgd 1932 1949, 1954, 1987, 1994, 2000, 2002,2008 N. Max Hicks WTP 15.0 mgd _9_ mgd 2005 New Peach Orchard Road(GWTP No. 1) Original capacity of 10 mgd reduced to 5 mgd in 2001; the new GWTP No. 3 replaced lost capacity placed on reserve. 5.0 mgd 1.00 mgd 1966 1969, 1996 Highway 56 Loop (GWTP No. 2) 10.0 mgd 7.92 mgd 1979 1985, 1992, 1996 Little Spirit Creek (GWTP No. 3) 5.0 mgd 4.98 mgd 2001 Rural Chlorination System 2.7 mgd Operational Reserve only 1972 Each year since 1981 Totals 97.7 mgd 70.90 mgd The rural chlorination system is served by three wells identified as Brown Road, Plantation Road, and Kimberly-Clarke Wells; at each well there is a chlorine solution feed system for disinfection, a caustic soda solution feed system for pH adjustment, and fluoridation via addition of hydrofluosilicic acid. The Kimberly-Clarke well has been taken out of service and the other two wells placed on reserve and will be used only to meet critical demands. 3.4.1 Highland Avenue and NM Hicks WTP System Processes The following processes used by the Department are standard for similar water treatment systems and comply fully with regulatory requirements. Using this treatment technology results in treated water that complies with permit criteria and satisfies user demands for a high quality, reliable water supply. Attachment number 2 \nPage 21 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND WASTEWATER REVENUE BONDS, SERIES 2014 3-7 Pre-Flash Mixing and Flow Splitting: Pre-treatment chemicals are added just downstream of the raw water venturi meter and control valve. These chemicals include chlorine, lime, and alum. Flocculation: Each sedimentation basins has dedicated flocculation basins. Sedimentation Basins: Flow into all sedimentation basins is not dedicated to specific filters. Settled water from all basins enters settled water flumes, all interconnected; sedimentation is independent of filtration. Filtration: dual-media filters of various sizes provide filtration. At the current rated capacity the filtration rate is < 4.0 gallons per minute (gpm)/ft2 with all filters in service. Each filter includes Leopold © under drains and cleaning systems. Post Flash Mixing: Post flash mixing occurs in a two-compartment basin, with each compartment having a pitched blade turbine mixer or static mixer. Post-treatment chemicals (fluoride, lime, phosphate, and chlorine solution) are added as the filtered water enters the mixer 3.5 Finished Water Storage, Chemical Feed Systems, and High Service Pumping Once the water is treated, distribution throughout the system requires high service pumping and storage in order to maintain a reliable, continuous supply for residential, commercial, and industrial customer uses. The systems described below are maintained at a level to provide operating pressures throughout the system that exceed EPD requirements of 35 pounds per square inch (psi) minimum line pressure. The Department generally maintains line pressures of 60 psi to 120 psi measured at remote fire hydrants located in residential areas. This pressure level is within AWWA guidelines, promotes high levels of customer satisfaction, and provides adequate pressures to support fire protection. 3.5.1 Finished Water Storage The Highland Avenue WTP finished water storage tanks (clearwells) supply the lower pressure zones directly by gravity while the remaining capacity is pumped to the Water System’s storage facilities located in various pressure zones. The treated water is then fed by gravity or pumped throughout the water distribution network. There are four clearwells at the Highland Avenue WTP, with a total storage capacity of 14.2 MG: Clearwell No. 2 – 3.0 MG Clearwell No. 3 – 5.0 MG Clearwell No. 4 – 1.6 MG Clearwell No. 5 – 4.6 MG Clearwell No. 2 was modified in 2000 to provide baffling for disinfection concentration and increased contact time (CT). This facilitates continued compliance with Safe Drinking Water Act (SDWA) regulations. The current configuration directs all treated water through Clearwell No. 2. Two 30-inch influent pipes were added in the 2000 WTP upgrade between the post flash mix basin and Clearwell No. 2. Several large diameter pipes connect Clearwell No. 2 with the three other finished water clearwells. Attachment number 2 \nPage 22 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND WASTEWATER REVENUE BONDS, SERIES 2014 3-8 The NM Hicks Plant storage clearwells are two of 2.5M each gallons. All potable water is pumped out of the clearwells to the System. 3.5.2 Chemical Feed Systems The chemical feed system at the Highland Avenue WTP and NMHWTP have eight components including: liquid lime system; chlorination system with hypochlorite generation and bulk backup; polymer feed system; powdered activated carbon (PAC) system for taste and odor control; phosphate feed system for corrosion control in the Water System; liquid alum system; liquid fluoride system; and potassium permanganate slurry system for oxidation of iron and manganese. 3.5.3 High Service Pumping There are three sets of high service pumps at the Highland Avenue WTP: the Main high service pump station, the filter gallery pumps, and the auxiliary pumps plus the Stovall Booster Pump Station (BPS). An additional set of inline booster pumps is located at the Wrightsboro Road BPS. Table 3-4 lists each system’s pumping capacities in gpm, elevation of the pressure zone served (nominal mean sea level [msl], feet) and the difference in elevation the pumps must pump against (head, feet). The pressure zone is designated in elevation (ft msl) of the water surface in storage tanks serving the area when the water is at the full tank level. Reworking of the high service pumps is included as part of the Highland Avenue WTP improvements listed in Section 5. TABLE 3-4 Summary of High Service Pumping From To Head (ft) Location Elevation (msl) Elevation (msl) Total Dynamic Head (TDH) Flow (mgd) Stovall BPS 433 420 66 4.3 Aux. High Service Pump 433 564 173 11.7 Aux. High Service Pump 433 564 173 5.8 Aux. High Service Pump – Diesel 433 564 173 11.7 High Service Pump – Diesel 433 564 160 2.9 High Service Pump 433 564 160 8.1 High Service Pump – Backup 433 564 160 2.9 High Service Pump 433 564 160 5.0 Attachment number 2 \nPage 23 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND WASTEWATER REVENUE BONDS, SERIES 2014 3-9 TABLE 3-4 Summary of High Service Pumping From To Head (ft) Location Elevation (msl) Elevation (msl) Total Dynamic Head (TDH) Flow (mgd) Main Pump 433 630 or 597* 310 1.8 Main Pump 433 630 or 597* 300 3.6 Main Pump 433 630 or 597* 300 3.6 Main Pump 433 630 or 597* 300 1.8 Wrightsboro Road Pump 564 630 100 1 Wrightsboro Road Pump 564 630 100 1.3 Wrightsboro Road Pump 564 630 100 1.3 *This station can pump to either pressure zone. 3.6 Water Distribution System The water distribution system includes approximately 1,350 miles of pipelines ranging in size from 6 inches to 36 inches in diameter. Most of the pipelines are made of cast iron or ductile iron (DI). Approximately 20 percent of these pipelines have been in service for 50 years or more. Augusta became a member of the Hundred Year Club of the Cast Iron Institute in 1956. Finished water is distributed from the Highland Avenue WTP by gravity and by pumping. Finished water is pumped using the Main Pump Station (MPS) Filter Gallery PS (FGPS), the Auxiliary High Service (AxHSPS) , and the Fort Gordon (FGPS). Gravity flow is used to supply the 417-ft msl gradient (Intermediate-North) and the 310-ft msl gradient (Low). The FGPS and the AuHSPS are used to supply the northern part of the system, which has pressure zone elevations of 564-ft msl and 500-ft msl. The FGPS is used to supply the western part of the Water System and can supply either the 597-ft msl system or the 630-ft msl system. The Wrightsboro Road PS was refurbished in 2000 to supply the 630-ft msl pressure zone from the 564-ft msl pressure zone. The new MPS supplies water to the western part of Augusta in the High (564’), Super High (620’) and the Adjusted High (500’) systems. The new NMHWTP supplies water to the southern portion of the distribution system that is historically known as the ground water distribution system, GWDS. The new plant is designed to supplement the supply of water to the same areas that were previously supplied by GWTP 1, 2 and 3, hence allow for the reduction of reliance on ground water. Finished water is pumped from GWTP No. 1 into the Intermediate-South pressure gradient (417 ft msl) and from GWTP No. 2 into the Pine Hill pressure gradient (457-ft msl). GWTP No. 3 pumps finished water into the Pine Hill high-pressure gradient (521-ft msl). Distribution system pump stations situated at various locations are used to feed isolated higher pressure zones. See Figure 3-3 for the locations of the distribution system pumping stations and associated pressure zones. Attachment number 2 \nPage 24 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND WASTEWATER REVENUE BONDS, SERIES 2014 3-10 Water levels in the finished water clearwells at the Highland Avenue WTP and the system pressure requirement at the 417-ft msl gradient limits gravity flow from the clearwells into the 417-ft msl (Intermediate-North) pressure zone. Areas in the 417-ft msl (Intermediate- South) pressure zone not served from the Highland Avenue WTP are supplied from the NMHWTP. In addition to the pressure zones listed above, the distribution system contains several smaller pressure zones created by the significant variations in elevation throughout Augusta. These isolated pressure zones are fed using individual wells, BPSs, or pressure- reducing valves (PRVs) to meet the Department’s operating pressure requirements. A summary of pressure zones is presented in Table 3-5. Attachment number 2 \nPage 25 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND WASTEWATER REVENUE BONDS, SERIES 2014 3-11 TABLE 3-5 Pressure Gradient Summary System Overflow Elevation (ft) Water Source Surface Water Distribution System Pressure Zones Super High 630 Fort Gordon PS or BPS from the 564 pressure zone High 564 High Service and Auxiliary High Service PS Adjusted High 500 PRV from the564 pressure zone Intermediate-North 417 Gravity or BPS from the 433 pressure zone Low 310 PRVs from the 433 pressure zone Groundwater Distribution System Pressure Zones High 597 BPS from the 417 pressure zone or the Fort Gordon PS Pine Hill High 521 GWTP No 3 Pine Hill 457 GWTP No 2 and Pine Hill Wells 1 and 2 Intermediate-South 417 NMHWTP and GWTP No. 1 or BPS from the 433 pressure zone In addition, the distribution system is equipped with several storage tanks and BPSs. A summary of the distribution system storage facilities for the surface water plants is presented in Table 3-6. A summary of the surface water system pumping facilities is presented in Table 3-7. TABLE 3-6 Surface Water Storage Facilities Location Location Elevation Pressure Systems Served Gallons Capacity Highland Ave WTP Clearwell 2 433 3,000,000 Highland Ave WTP Clearwell 3 433 5,000,000 Highland Ave WTP Clearwell 4 433 1,600,000 Highland Ave WTP Clearwell 5 433 4,600,000 Total Clearwells 433 All 14,200,000 Berckmans Road 417 417 500,000 Highland Ave Tank 564 564 500,000 Highpointe Tank 564 564 1,000,000 Walton Way Extension 500 500 750,000 Belair Road 630 630 1,000,000 Total Elevated Storage 3,750,000 Attachment number 2 \nPage 26 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND WASTEWATER REVENUE BONDS, SERIES 2014 3-12 TABLE 3-7 Surface Water Pumping Facilities Location From To Head (ft) Rate (gpm) Summary of Surface Water System Pumping Stovall BPS 433 417 98 1,500 Aux. High Service Pump 433 564 168 8,000 Aux. High Service Pump – Future 433 564 0 Aux. High Service Pump – Future 433 564 0 Aux. High Service Pump -- Diesel 433 564 168 8,000 High Service Pump – Diesel 433 564 160 2,000 High Service Pump 433 564 160 5,600 High Service Pump – Backup 433 564 160 2,000 High Service Pump 433 564 160 3,500 Fort Gordon Pump 433 630 or 597 310 1,250 Fort Gordon Pump 433 630 or 597 300 2,500 Fort Gordon Pump 433 630 or 597 300 2,500 Fort Gordon Pump 433 630 or 597 310 1,250 Wrightsboro Road BPS 564 630 85 1,100 Wrightsboro Road BPS 564 630 85 1,100 Wrightsboro Road BPS 564 630 145 500 Total Surface Water Pumping 40,800 Table 3-8 presents a summary of the groundwater distribution system storage facilities. TABLE 3-8 Groundwater System Storage Facilities Location Elevation System Gallons Groundwater System Ground Storage GWTP No. 1 Clearwell 162 417 500,000 GWTP No. 2 Clearwell 128 457 1,000,000 GWTP No. 3 Clearwell 240 521 2,000,000 NMHWTP Clearwells Faircrest Avenue 220 436 417 597 5,000,000 5,000,000 Faircrest Avenue 417 597 500,000 Windsor Spring Road 417 417 500,000 Richmond Hill Road 417 597 500,000 Golden Camp Road 417 597 250,000 Algernon 417 417 2,000,000 Morgan Road 470 597 5,000,000 Cedar Ridge 417 521 1,000,000 Rose Hill 412 457 2,000,000 Wallie Drive 457 457 300,000 Total Ground 25,550,000 Groundwater System Elevated Storage Brown Road 521 521 3,000,000 Attachment number 2 \nPage 27 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND WASTEWATER REVENUE BONDS, SERIES 2014 3-13 TABLE 3-8 Groundwater System Storage Facilities Location Elevation System Gallons Highway 56 457 457 500,000 Tobacco Road 597 597 500,000 Fairington Drive 597 597 250,000 Georgetown 597 597 500,000 Lumpkin Road 597 597 250,000 Old Waynesboro Road 521 521 500,000 Greenland Road 597 597 500,000 Total Elevated 6,000,000 Table 3-9 presents a summary of groundwater system pumping facilities. TABLE 3-9 Groundwater System Pumping Facilities Location From To Head (ft) gpm Summary of Groundwater System Pumping GWTP No. 1 – Pump 1 162 417 270 1,800 GWTP No. 1 – Pump 2 162 417 270 1,800 GWTP No. 1 – Pump 3 162 417 270 1,800 GWTP No. 1 – Pump 4 162 417 270 1,800 GWTP No. 1 – Pump 5 162 417 270 1,800 GWTP No. 2 – Pump 1 128 457 332 1,900 GWTP No. 2 – Pump 2 128 457 332 1,900 GWTP No. 2 – Pump 3 128 457 332 1,900 GWTP No. 2 – Pump 4 128 457 332 1,900 GWTP No. 2 – Pump 5 128 457 332 1,900 GWTP No. 3 – Pump 1 240 521 337 1,850 GWTP No. 3 – Pump 2 240 521 337 1,850 GWTP No. 3 – Pump 3 240 521 337 1,850 GWTP No. 3 – Pump 4 240 521 337 1,850 NMHWTP Pump 1 220 417 197 2,000 NMHWTP Pump 2 220 417 197 2,000 NMHWTP Pump 3 220 417 197 2,000 Morgan Road BPS 417 597 174 2,317 Morgan Road BPS 417 597 174 2,317 Cedar Ridge 417 521 100 1,000 Cedar Ridge 417 521 100 1,000 Brown’s Road BPS 417 521 130 1,400 Brown’s Road BPS 417 521 130 1,400 Brown’s Road BPS 417 521 130 1,400 Faircrest BPS 417 597 266 1,050 Faircrest BPS 417 597 266 1,050 Faircrest BPS 417 597 266 1,050 Faircrest BPS 417 597 266 1,050 Attachment number 2 \nPage 28 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND WASTEWATER REVENUE BONDS, SERIES 2014 3-14 Rose Hill BPS 521 457 183 400 Rose Hill BPS 521 457 183 400 Rose Hill BPS 521 457 183 400 TABLE 3-9 (CONTINUED) Groundwater System Pumping Facilities Location From To Head (ft) gpm Richmond Hill BPS 417 597 260 1,050 Richmond Hill BPS 417 597 260 1,050 Norton Road BPS 433 417 59 1,375 Norton Road BPS 433 417 59 1,375 Norton Road BPS 433 417 65 1,800 Golden Camp BPS – Vertical 417 597 265 1,050 Golden Camp BPS 417 597 265 1,050 Golden Camp BPS 417 597 265 1,050 Golden Camp BPS 417 597 265 900 Total Groundwater Pumping 53,284 The distribution system delivers water to customers through meters at each point of service connection, which are read once per month for billing purposes. The 2011 ratio of non-billed water to purchased water or unaccounted for water (representing water that was lost because of unmetered usage or leaks), was approximately 12 percent (monthly average). This lost and unaccounted for water rate is not unusual for water systems of Augusta’s vintage. The significant number of older, large meters contributes significantly to this amount of unaccounted for water. The Department continues the process of replacing all older meters, including the smaller residential units. 3.7 Water Quality As a retail water system, Augusta is required to conduct appropriate testing of distribution system water quality. The results of this testing indicate that the Water System is in compliance with regulatory criteria. The system’s raw water supply has been of such high quality that it is considered ideal for the surface water treatment processes used by Augusta. See Section 3.9 on regulatory impacts for further discussion of water quality requirements. 3.8 Projected Water Demand During 2011, Augusta billed customers for approximately 14,421 million gallons of water. Table 3-10 presents the average daily water consumption, including unaccounted for water, and the number of customers by class. The Water System’s 10 largest customers are presented in Table 3-11; these customers represented 15.53 percent of 2011 sales.1 Total water sales for year ending December 31, 2011 were $37.443M. 1 No independent investigation has been made of the stability or financial condition of any of the customers listed in Table 3-11. Consequently, no definitive representation can be made as to whether such customers will remain major customers of the Water System. Attachment number 2 \nPage 29 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND WASTEWATER REVENUE BONDS, SERIES 2014 3-15 TABLE 3-10 Water Demand 2011 Actual 2011 water consumption (million gallons)1 __________ Water Demand Average Daily (mgd) 39.5 Maximum Daily (mgd) 57.8 Number of Water Connections (December 31) Residential 63.266 Commercial and Industrial 7,896 Total 71,162 1Includes unaccounted-for water. TABLE 3-11 The 10 Largest Water Customers (for the 12-month period ending December 31, 2011) Ten Largest Water Customers Gallons Total Percentage of Customer Metered1 Billing Total Water Revenues Fort Gordon Muni Services 486,398 $1,301,965 3.48% Nutra Sweet 671,043 1,107,221 2.96 Augusta Select Tissue 221,095 591,471 1.58 Huron Tech 190,068 565,416 1.51 Medical College of Georgia 186,073 517,686 1.38 Amoco (Solvay) 190,672 510,307 1.36 Kendall 130,958 350,889 0.94 FPL Food, LLC 112,722 322,812 0.86 Veterans Administration Hospital 104,212 278,582 0.74 EKA Nobel 127,342 268,533 0.72 Total 2,420,583 $5,814,882 15.53% 1In thousands. Source: Augusta Utilities Department. Augusta’s projection of future water production needs is based on the County’s anticipated total population, including Fort Gordon’s on-base population.2 These future demands for Fort Gordon are included with the industrial customers in the 2010 through 2025 projections. EPD released its Water Conservation Plan Guidelines on May 24, 2004. The plan establishes benchmarks for water use efficiency statewide and voluntary and mandatory educational, regulatory, and financial conservation incentives were set forth. The utility’s compliance with the plan has resulted in a decline in per capita use from 154.0 to 152.3 gpcpd in 2011. It 2 The geographical distribution of population is not a factor in plant-level planning, but is important for planning water transmission. Attachment number 2 \nPage 30 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND WASTEWATER REVENUE BONDS, SERIES 2014 3-16 is projected that per capita residential and commercial demands will fall an additional by 1.3 percent by the year 2025, from 154 gallons per capita per day (gpcpd) to 151 gpcpd. Table 3-12 presents Augusta’s 2003 and projected per capita, commercial and residential water usage in gallons per day (gpd). This usage rate is determined by dividing the estimated total water produced in 2003 to meet residential and commercial demand by the total population. This rate then includes both customer-billed usage and unaccounted for water. Industrial needs are presented separately because they are not directly linked to population growth. The projected annual average production in mgd and maximum day production are planning-level estimates (e.g. +/- 10 percent) of the future needs of the Department’s service area. TABLE 3-12 Historic and Projected Water Consumption 2003 to 2025 2003(H) 2010(H) 2020(P) 2025(P) Total Population 190,3951 200,5492 212,0052 216,9612 Per capita Water Usage, gpd (commercial and residential) 154 153 152 151 Industrial Usage, mgd (beyond 2003 includes 5 mgd allowance for Fort Gordon) 10.1 16.4 16.8 17.0 Annual Avg. Water Usage, mgd 37.6 47.1 49.0 49.7 Max. Day Water Usage, mgd3 52.7 67.8 70.7 71.9 1Source: U.S. Bureau of the Census, after adjusting for the on-base population of 7,752 at Fort Gordon, as estimated by the U.S. Bureau of the Census, 2000 Census. 2Population projections are from the Augusta-Richmond County Comprehensive Plan 2008, but exclude the estimated on-base population at Fort Gordon. 3Maximum day projections are based on a residential peaking factor of 2.04, a commercial peaking factor of 1.2, and an industrial peaking factor of 1.0. These factors assume a current long-term average peaking factor of 1.5 system-wide. The system-wide peaking factor will fluctuate over time as industrial and non- industrial sectors grow at different rates. While the Department is taking actions to encourage conservation, it should be noted that the development pattern and population distribution will also affect per capita water consumption. For example, more dense development generally results in lower per capita demands, as outdoor watering is limited due to smaller lot sizes. Conversely, low-density development, including estate-sized lots, tends to result in more outdoor watering and consequently higher per capita demands. Projected residential and commercial water use is directly related to population growth. Industrial needs, however, generally are independent of population growth. It is assumed that current industrial water use, exclusive of conservation, will increase by 5 percent over the planning period (2003 through 2025). In addition to the current industrial demands, Fort Gordon is purchasing all its water from the utility. These future Fort Gordon demands are projected to be 5.0 mgd. Table 3-13 summarizes projected water usage by customer class. The peaking factor for industrial usage is assumed to be 1.0; in other words, maximum day and average annual needs are assumed to be, for analytical purposes, equal. Commercial consumption is expected to have a maximum day peaking factor of 1.2 times average day Attachment number 2 \nPage 31 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND WASTEWATER REVENUE BONDS, SERIES 2014 3-17 demand. Based on long-term trends, the system-wide peaking factor is assumed to be 1.5. All additional peak day needs are assumed to be associated with residential consumption. The peak demands associated with residential consumption were calculated to be 2.04 times average daily demands. These peaking factors are employed to determine the peak day requirements for capacity sizing in the Department’s facilities. System-wide, the peaking factor will change over time as the industrial demands grow at a different rate than non- industrial demands. The projected population and proportion of water accounts connected to the water system were considered to estimate future water needs. 2010 Census projections are within 1% of the projections used in the previous Capital Improvement Plan. Consequently, we used the previous information with the knowledge that the limited number of projects covered by this Plan that were previously planned for in the 2002 Master Plan 2010-2015 CIP needs list are still valid. The population of Richmond County is expected to increase from 198,149 persons in 2003 to 230,155 persons by 2025. This growth, combined with additional demands of 5.0 mgd from Fort Gordon, means average annual water demands are expected to increase from 39.5 mgd to 49.8 mgd (74.7 mgd, maximum month). The current withdrawal permits for raw water from the Savannah River will be sufficient to meet surface water supply needs for both facilities, as discussed in Section 5. TABLE 3-13 Historic and Projected Water Usage by Customer Class 2003 to 2025 Class 2003(H) 2010(H) 2020(P) 2025(P) Residential Avg. Annual Water Usage 16.6 17.3 18.2 18.5 Max. Day Water Usage (Peaking factor: 2.04) 1 33.7 35.3 37.1 37.7 Commercial Avg. Annual Water Usage 12.8 13.4 14.1 14.3 Max. Day Water Usage (Peaking factor: 1.2) 1 15.3 16.1 16.9 17.2 Industrial Avg. Annual Water Usage 8.2 16.42 16.82 17.02 Max. Day Water Usage (Peaking factor: 1.0) 1 8.2 16.42 16.82 17.02 System-wide Avg. Annual Water Usage 37.6 47.1 49.0 49.8 Max. Day Water Usage 1 52.7 70.7 73.4 74.7 1Peaking factors assume a current long-term average peaking factor of 1.5 system-wide. The system-wide peaking factor will fluctuate over time as industrial and non-industrial sectors grow at different rates. 2Includes Fort Gordon demands of 5.0 mgd. 3.9 Regulatory Impacts The Department has responded to the challenges of the 1996 Amendments to the SDWA and is in compliance with all applicable rules. However, drinking water regulations have recently been changed, imposing still more stringent regulations, with additional regulations planned for the near future. These recently promulgated and planned SDWA Attachment number 2 \nPage 32 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND WASTEWATER REVENUE BONDS, SERIES 2014 3-18 regulations will have an impact on Augusta’s drinking water treatment plants and distribution system. The Department has taken a proactive approach for compliance with existing and proposed regulations by developing water quality goals that are more stringent than current regulations. These water quality goals have positioned the Department to meet future regulations. Drinking water regulations that impact the Department can be divided into two categories: Existing regulations Future regulations The following is a brief discussion of each category and the impact on the Department drinking water system. 3.9.1 Existing Regulations EPD has issued rules (Rules and Regulations of the Department of Natural Resources [DNR], Chapter 391-3-5- Safe Drinking Water) to establish policies, procedures, requirements, and standards for implementing drinking water regulations. 3.9.1.1 Surface Water Treatment Rule The Surface Water Treatment Rule (SWTR), promulgated in 1992, establishes treatment techniques instead of maximum contaminant levels (MCLs) for the control of Giardia, viruses, heterotrophic plate count (HPC) bacteria, and Legionella. The SWTR required all water systems to maintain a filtered water turbidity of 0.5 Nephelometric Turbidity Unit (NTU) and to provide a minimum level of inactivation of Giardia and viruses by maintaining adequate contact time with the primary disinfectant. In addition, the SWTR required all water systems to maintain a detectable chlorine residual in the distribution system. The Department is currently in compliance with all of the SWTR requirements. 3.9.1.2 Total Coliform Rule The Total Coliform Rule was promulgated on June 29, 1989. Total coliforms include both fecal coliforms and E. coli. Compliance with the Coliform Rule is based on the results of sampling in the distribution system. The frequency and number of collected samples are a function of the system size (number of people served). The Department has maintained compliance with the Total Coliform Rule by (1) maintaining adequate distribution system disinfectant residual and (2) frequently flushing low flow areas. 3.9.1.3 Primary Contaminants EPD currently regulates a list of 83 contaminants that includes inorganic and organic compounds. These contaminants do not occur at concentrations of concern in most surface waters that are not subject to contamination. Surface waters used by the Department, from the Savannah River, have concentrations of regulated contaminants well below Environmental Protection Agency (EPA) prescribed limits. 3.9.1.4 Lead and Copper Rule On June 7, 1991, the EPA published Action Limits (ALs) and national primary drinking water regulations for lead and copper. Under this regulation, lead and copper levels must not exceed ALs of 0.015 mg/L and 1.3 mg/L, respectively, in 90 percent of the samples Attachment number 2 \nPage 33 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND WASTEWATER REVENUE BONDS, SERIES 2014 3-19 collected. Actions required for AL exceedances include collecting source water samples, conducting public education, conducting a corrosion control study, and establishing a corrosion control program. This rule also requires that lead and copper be monitored at consumers’ taps every 6 months. Samples at consumers’ taps must be taken at high-risk locations, which include homes with lead solder installed after 1982, lead service lines, and lead interior piping. Revisions to the Lead and Copper Rule were promulgated in April 2000. The revisions reduced the frequency of monitoring required for low lead and copper tap levels and updated the analytical methods used for analyzing lead and copper levels. The Department currently controls the corrosivity of its finished water by adding a phosphate-based corrosion inhibitor. The Water System has continuously been in compli- ance with the lead and copper ALs. 3.9.1.5 Risk Management Plans (RMPs) The EPA set a deadline of June 21, 1999, for all utilities that store hazardous chemicals (including chlorine gas) above a specified threshold limit, to prepare a risk management plan (RMP). The regulation outlines requirements for preventing or minimizing the conse- quences of catastrophic releases of toxic, reactive, flammable, or explosive chemicals. The threshold level for chlorine is 2,500 pounds. The RMP must include evaluations of buildings and equipment to protect the safety of workers around chlorine facilities and to develop an emergency response plan if a leak occurs. Key information developed must be submitted to EPA and posted on the Internet for public access. The Department has prepared an RMP for the Highland Avenue WTP. In addition, the Department is improving the existing safety program that provides guidance to operators on correct chlorine operations and maintenance procedures and the emergency response plan to be used if there is a leak. The Department has installed on-site chlorine generation at the Highland Avenue WTP and the new Hicks WTP to eliminate safety and security concerns associated with chlorine gas. 3.9.1.6 Residuals Management The State of Georgia currently prohibits the direct discharge of water treatment residuals to a receiving stream. A National Pollutant Discharge Elimination System (NPDES) permit is required which specifies an acceptable pH and total suspended solids (TSS) concentration for the discharge of any waste or decant stream from WTPs. The Highland Avenue WTP is currently discharging all of the waste streams to Turknett Pond. An NPDES permit was obtained by the Department to allow discharge of decant from the Turknett Pond. Settled sludge in the pond is dredged when needed by the Department. The NMHWTP discharges its waste stream to the J B Messely WPCP 3.9.1.7 Interim Enhanced Surface Water Treatment Rule (IESWTR) The IESWTR was promulgated in December 1998 and established a 2-log Cryptosporidium removal requirement for filtered systems. Under this rule, conventional treatment is assumed to meet the Cryptosporidium removal requirement by maintaining 95 percent of the time a filtered turbidity of 0.3 NTU, and at no time exceeding 1.0 NTU. The IESWTR also requires individual filter monitoring and additional requirements related to distribution system tank covers. Attachment number 2 \nPage 34 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND WASTEWATER REVENUE BONDS, SERIES 2014 3-20 The Highland Avenue WTP and NMHWTP are in compliance with the IESWTR requirements. 3.9.1.8 Disinfectants and Disinfection Byproducts (D/DBP) Rule – Stage 1 Stage 1 D/DBP Rule limits resulted in maximum contaminant level (MCL) requirements shown in Table 3-14. The Department took these requirements into consideration for both its upgrade of the Highland WTP and for the N. Max Hicks WTP. 3.9.1.9 Filter Backwash Rule The Filter Backwash Rule applies to all systems that use conventional or direct filtration and that recycle spent filter backwash water. The NMHWTP does not practice recycling. The NMH WTP discharges all produced waste streams, including backwash, to the James B. Messerly Water Pollution Control Plant (WPCP). Therefore, the Filter Backwash Rule is not expected to have any impact on the existing water plants. 3.9.1.10 Arsenic Rule The Arsenic Rule was promulgated on January 22, 2001. This rule established an MCL of 0.01 mg/L. The Arsenic Rule applies to both Community and Non-Transient, Non- Community Water Systems. Systems were required to meet this requirement by January 2006. Despite the new lower limit, it is not anticipated that the arsenic regulations will have an impact on AUD. Arsenic is not expected to occur at concentrations of concern in the surface water supply. 3.9.2 Future Regulations The EPA is currently in the process of developing additional regulations related to microbial and disinfection byproducts. The planned regulations are being developed as a follow up to the IESWTR and Stage DBPs. TABLE 3-14 Summary of Stage 1 D/DBP Rule Limits Final Stage 1 MCLs Final Stage 1 Maximum Residual Disinfectant Levels Total Trihalomethanes (TTHMs): 80 micrograms per liter (g/L) Free Chlorine: 4.0 mg/L as Cl2 Haloacetic Acids (HAA5): 60 g/L Chloramine: 4.0 mg/L as Cl2 Bromate: 10 g/L Chlorine Dioxide: 0.8 mg/L as ClO2 Chlorite: 1.0 mg/L Attachment number 2 \nPage 35 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND SEWERAGE REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 2014 4-1 Wastewater System 4.1 Overview of Wastewater System The Wastewater System customer population, as of Dec 31, 2011, was comprised of 51,528 residential and 6,130 commercial and industrial customers. The Wastewater System consists of two WPCPs with an aggregate permitted treatment capacity of 48.34 mgd and a collection system comprised of 29 pumping stations and approximately 700 miles of collection sewers. The Wastewater System provides sewer services to an area of approximately 106 square miles with an estimated population in excess of 150,000. Figure 4-1 shows the areas currently served by the Wastewater System with overlays of wastewater collection lines and the location of the WPCPs. Augusta has the non-exclusive right to provide water and wastewater service within the County including Ft Gordon. The wastewater systems of the Cities of Blythe and Hephzibah provide wastewater service within those jurisdictions in the County. The Department’s service area includes all or parts of eight drainage basins shown in Figure 4-2. Ft Gordon is connected to the Spirit Ck Sewer Attachment number 2 \nPage 36 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND WASTEWATER REVENUE BONDS, SERIES 2014 4-2 4.2 Wastewater Collection and Conveyance Augusta’s wastewater collection system dates from storm water drains constructed in downtown Augusta prior to 1900. Over time, wastewater was diverted into the storm water drains, and Augusta’s downtown storm water drains evolved into a combined storm water and wastewater collection system. Until 1968, this system emptied into the Phinizy Ditch/ Swamp without treatment. In the 1970s to late 1990s, Augusta eliminated all known combined sewers by constructing trunk wastewater mains to keep wastewater separate from storm water.3 Augusta’s wastewater collection and conveyance system consists of 8 drainage basins, 29 wastewater pumping stations, and approximately 700 miles of collection pipes which transport sanitary sewage. Approximately 80 percent of the wastewater collection system is drained by gravity; the remainder requires pumping at least once. The wastewater collection system includes pipes ranging in size from 8-inch to 84-inch diameter. Approximately 20 percent of the wastewater collection system has been in service for 50 years or more. The wastewater collection system includes standby pumps and a standby power system. 3 It is possible that undocumented interconnections of the two systems were not eliminated and remain. As a result, the Department has an ongoing program to verify complete separation of the storm water drain and wastewater collection systems. Attachment number 2 \nPage 37 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND WASTEWATER REVENUE BONDS, SERIES 2014 4-3 The piping in the wastewater collection system was constructed using a wide variety of materials, including clay, brick, concrete, iron, and polyvinyl chloride (PVC), that create significant problems for maintenance of the system. The ongoing system evaluations of the Spirit, Butler, and Rocky Creek basins have identified significant infiltration and inflow (I/I) rates. An estimated 10 percent of current wastewater flows are contributed by I/I. Rehabilitation is underway for portions of these basins and further CIP projects identified in Section 5 but significant reduction of I/I will be addressed mainly by the Department’s ongoing I/I operation and maintenance program. 4.3 Wastewater Treatment Facilities Augusta owns two WPCPs as summarized in Table 4-1. TABLE 4-1 Wastewater Treatment Plants Owned by Augusta 2011 Treated Wastewater WPCP Permitted Treatment Capacity (Monthly Avg, mgd) Date of Original Construction Average Day (mgd) Maximum 7-Day (mgd) Dates of Improvements Receiving Stream James B. Messerly WPCP 46.1 1968 28.34 48.70 * 1976, 1984, 1995, 1997, 2001, 2010 Butler Creek Spirit Creek WPCP 2.24 1988 1.45 3.52 * 1995 Spirit Creek Totals 48.34 29.79 55.20 *Excessive flows resulted from major I/I into collection systems following significant rainfall. The J. B. Messerly WPCP constructed in 1968, was originally designed to provide only pri- mary treatment. Later, in 1975, a brush aerator fitted oxidation ditch was constructed to provide secondary treatment capacity of approximately 23 mgd. In 1984, the North Plant was constructed with a design capacity of 28.4 mgd. Flow equalization basins were added in 1995. In 1997, due to more stringent nitrogen removal limits, the facility had to use its future BOD aeration capacity to biologically remove the nitrogen and the first stage of a wetlands system was constructed to assist with the ammonia-nitrogen removal goal. In 1998 to 2001, the second stage of the wetlands system was completed along with the first phase of various retrofit projects to significantly improve plant performance. These retrofits included improvements to secondary clarifiers, primary clarifiers, sludge pumps, and various mech- anical and electrical systems throughout the plant. In 2002, the third stage of the wetlands system was completed and the second phase of retrofit projects initiated. These retrofit projects were successfully completed. In 2004, the final retrofit projects were completed. The success of the entire retrofit program that was started in 2001 is evidenced by the WPCP’s performance that, for the last twelve years, has maintained compliance with its operation permit. The J. B. Messerly WPCP receives domestic wastewater from the surrounding community as well as significant flows (1,602 million gallons in 2011) from 10 major industrial contribu- Attachment number 2 \nPage 38 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND WASTEWATER REVENUE BONDS, SERIES 2014 4-4 tors. The J. B. Messerly WPCP was originally rated, based on “normal strength” wastewater, to have a treatment capacity of 46 mgd, and is currently permitted for a capacity of 46.1 mgd (monthly average). The influent strength of the wastewater has increased over the years as a result of additional industrial waste and reduction in collection system I/I. This increased organic loading, as well as the lower limits on ammonia nitrogen discharges, and expected phosphorus limitations, has shifted the usage of aeration capacity to nutrient removal and had reduced the Plant’s effective capacity. Recently completed upgrades to the treatment process and plant hydraulics have restored the full capacity of the J.B. Messerly WPCP and also addresses future permit compliance. The Department’s improvements to the wastewater treatment system maximized use of existing plant components and increased the level of reliability in meeting stringent effluent limits. The J. B. Messerly WPCP discharges under NPDES Permit GA0037621, which was issued in 1996, was modified in January 2002,. This permit expired in June of 2006 but has been administratively continued by the Georgia EPD pending resolution of issues regarding low dissolved oxygen levels in the Savannah Harbor. EPD has made the decision to not re- issue any permits in the Savannah River basin until these issues are resolved Table 4-2 presents the plant’s permit information. TABLE 4-2 J. B. Messerly WPCP Effluent Limitations Parameter Discharge Limitations Monthly Average Weekly Average Flow – m3/day (mgd) 174488 (46.1) 218016 (57.6) BOD 5-day – mg/l (kg/day) 10 (1,747) 15 (2,184) TSS – mg/l (kg/day) 30 (5243) 45 (6551) Ammonia as N – mg/l (kg/day) 1.5 (262) 2.25 (328) Fecal Coliform Bacteria 200/100 ml 400/100 ml Total Residual Chlorine – mg/l 0.013 0.013* * Daily maximum limitations m3/d cubic meters per day ml milliliters mg/l milligrams per liter kg/day kilograms per day mgd million gallons per day The Spirit Creek WPCP treatment process consists of preliminary treatment shredding and screening, secondary treatment in aerated lagoons, disinfection, and polishing lagoons. The Spirit Creek WPCP discharges under NPDES Permit GA0047147, issued in 1999, which expired in October 2004 and has been administratively continued by Georgia EPD pending resolution of issues regarding low dissolved oxygen levels in the Savannah Harbor. EPD has made the decision to not re-issue any permits in the Savannah River basin until these issues are resolved. The “James B. Messerly Wastewater Treatment Master Plan” completed in 2003, also delineates needs of the Spirit Creek WPCP. Table 4-3 presents the plant’s permit information. Attachment number 2 \nPage 39 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND WASTEWATER REVENUE BONDS, SERIES 2014 4-5 TABLE 4-3 Spirit Creek Effluent Limitations Parameter Discharge Limitations Monthly Average Weekly Average Flow – m3/day (mgd) 8,478 (2.24) 10,598 (2.80) BOD 5-day mg/l (kg/day) 30 (255) 45 (318) TSS mg/L (kg/day) 30 (255) 45 (318) Ammonia as N mg/l (kg/day) 17.4 (148) 26.1 (185) Fecal Coliform Bacteria 200/100 ml 400/100 ml Total Residual Chlorine mg/l 0.24 0.24* * Daily maximum limitations m3/d cubic meters per day ml milliliters mg/l milligrams per liter kg/day kilograms per day 4.4 Projected Wastewater Flows The projected population and proportion of water accounts connected to the wastewater system were considered to estimate future wastewater flows. 2010 Census based projections are not yet available. However, Census results for 2010 were within less than 1% of the projections used in the previous Capital Improvement Plan for 2010. Consequently, we used the previous projections with the knowledge that the limited number of projects covered by this Plan were planned for in the 2002 Master Plan 2010-2015 CIP needs list are still valid due to the small deviation from actual to projected values. WPCP service area population projections were constructed by allocating population by tract estimated in the 2000 Census to WPCP service area. Population projections for the service areas were then developed by assuming that those Census tracts that have experi- enced population growth will continue to do so, and will represent the same share of the total population increase projected for growing tracts. This population increase will come from either population growth or from population shifts within the County. For tracts with declining population, the rate of decline is projected to remain stable through the planning period. The estimated proportion of households connected to the Wastewater System was estimated using the proportion data available from the 1990 Census4, with adjustments made to reflect growth in the systems since 1990. This proportion is expected to continue to change over time as new residences and businesses, as well as some portion of the residences not served currently, connect to the Wastewater System. Using an assumption that per capita and per employee wastewater flows will remain constant over the forecast period, residential and commercial wastewater flows are assumed to grow in proportion to the growth in the population connected to the Wastewater System. 4 The 2000 Census did not collect information on the source of wastewater disposal. The 2010 Census has not reported this information. Attachment number 2 \nPage 40 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND WASTEWATER REVENUE BONDS, SERIES 2014 4-6 Table 4-4 presents the population and percentage change in population receiving sewer service, as well as projected annual average flows and maximum month flows. The maxi- mum month flows are based on the historical relationship between annual average flows and maximum month flow at the J.B. Messerly WPCP, as well as the expected relationship at Spirit Creek after the completion of the major I/I improvements in its collection system. The Spirit Creek WPCP has treated a maximum of 2.2 mgd after 2005 since the Spirit Creek Pump Station project was completed with the remainder of flows in this collection system going to the JBM WPCP. Section 5 further describes the project. TABLE 4-4 Wastewater Flows (mgd)1 2003 to 2025 H=Historic, P= Projection 2003(H) 2010(H) 2020(P) 2025(P) Total WPCP Flows Sewered Population 149,683 168,908 182,576 191,008 Percent Change 11.28% 8.1% 4.62% Average Annual Flow (mgd) 38.00 32.86 42.89 44.62 Max. Month Flow 2(mgd) 59.00 64.60 52.33 54.44 1 The figures presented in this table will be impacted by changes to the overall level of I/I in the WPCP service areas. 2 The maximum month flows are 122 percent of the annual average flows based on historical relationships. The combined volume of the 10 largest customers represented 19.14 percent of 2011 sales. The 10 largest wastewater customers of the Wastewater System are presented in Table 4-5. No independent investigation has been made of the stability or financial condition of any of the customers listed in Table 4-5. Consequently no representation can be made as to whether such customers will continue as major customers. TABLE 4-5 10 Largest Wastewater Customers, (for the 12-month period ending December 31, 2011) Customer kgal Metered Annual Billing (based upon water consumption plus additional sewer surcharges) % of Total Sewer Revenues NUTRA SWEET 378,405 $2,375,350 6.34% Augusta Select Tissue 195,952 715,169 2.47 Amoco (Solvay) 116,619 686,632 2.06 FPL Food, LLC 127,342 545,027 1.90 EKA Nobel 211,413 527,781 1.34 Kendall 130,958 413,845 1.31 Medical College of Georgia 190,068 393,478 1.28 Veterans Administration Hospital 100,424 346,274 0.94 ELANCO AUG TECHNOLOGY 71,009 275,556 0.83 Proctor and Gamble 80,284 245,049 0.67 Total 1,602,474 $6,524,161 19.14% Attachment number 2 \nPage 41 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND WASTEWATER REVENUE BONDS, SERIES 2014 4-7 4.5 Regulatory Impacts The Augusta Utility Department (AUD) Wastewater System is subject to a broad array or regulatory requirements. The following regulatory issues affecting the Wastewater System are discussed below: Watershed Management Total Maximum Daily Load (TMDL) Development NPDES Permitting and Nutrient Management Onsite Septage Systems Residuals Management and 503 Regulations General Permit for Stormwater Discharge Associated with Industrial Activity Stormwater Pollution Prevention Plans (SWP3s) Spill Prevention, Control, and Countermeasures Plan Municipal Stormwater Discharge Permit Security and Vulnerability 4.5.1 Watershed Management The EPD has formulated a policy to require municipalities to conduct watershed assessments and develop watershed management programs to address non-point pollution sources. These studies are required to acquire or renew NPDES discharge permits and/or to modify or renew surface water withdrawal permits. In addition, EPD requires Source Water Assessment Plans (SWAP) for water supply watersheds to assess the potential for water supply contamination. The Department has acted proactively and completed a watershed assessment for the County area that drains into the Savannah River. Simultaneously, AUD completed a SWAP for the Savannah River watershed upstream of the current water intake. Recommendations for source water protection will be developed in the next phase of study, as required by the SDWA. Addressing these issues early better positions AUD to address watershed protection and maintain a “partnership” position with the Georgia EPD. 4.5.2 Total Maximum Daily Load Development The Clean Water Act (CWA) provides a trigger mechanism for requiring development of total maximum daily loads (TMDLs) when a water body does not meet water quality standards. When setting a TMDL, the regulatory agency must consider the designated uses of the water body, water quality standards, various pollutant sources, and the ability of the water body to assimilate pollutants. The State of Georgia has a court-mandated schedule for development of TMDLs that is the most aggressive in the country. The proposed TMDLs for the Savannah River basin have been difficult to develop. The TMDLs for the Savannah River impact two competing States taking longer to implement the requirement. The current 303d list of impaired water bodies lists fecal coliform, dissolved oxygen (DO), and metals as the water quality parameters not meeting standards in portions of the Savannah River basin. Augusta, and other parties that discharge to the Savannah River, and EPD are in discussions with EPA on a final TMDL and wasteload allocations that will allow the dischargers to meet the TMDL. Attachment number 2 \nPage 42 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND WASTEWATER REVENUE BONDS, SERIES 2014 4-8 4.5.3 NPDES Permitting and Nutrient Management The NPDES is a federal program for regulating the discharge of pollutants to the waters of the United States. In Georgia, the EPD has been delegated the authority to administer the program. EPD has adopted a “zero tolerance” policy for permit violations and is imposing penalties or issuing Consent Orders specifying actions that the permittee must take when violations occur. Augusta facilities were not designed with a “zero tolerance” perspective, and therefore do not have the level of redundancy that would be included in a facility designed today. Although operational excursions and facility bypasses are expected to be infrequent, Augusta’s infrastructure is being continuously upgraded with projects to prevent overflows and bypasses, retain pollutants, and upgrade treatment capabilities to enhance the ability to achieve 100 percent compliance with permit conditions. Many of the CIP projects are defined in Section 5. As a result of interstate discussions on water resources, EPD decided to mandate maximum retention of a community’s water consumption to minimize the amount of water lost. This will require AUD to continue efforts to rehabilitate system facilities, including replacement of some major lines. EPD is working on the implementation strategy and policy now. Permit conditions may change to restrict the consumptive retention of water, which may in turn necessitate the elimination of onsite septage systems where feasible and a revision to the water pricing structure. EPA’s Capacity, Maintenance, Operation, and Management, also referred to as CMOM, program will require increased accountability for operation and maintenance of wastewater collection systems. This proposed program has been in development for several years, and has been undergoing federal administrative review since January 2000. It is anticipated that when the CMOM program is implemented, it will use NPDES permits as the enforcement vehicle. AUD has begun implementation of elements of the CMOM requirements. Currently, the State of Georgia requires nutrient removal generally in basins where water quality in lakes downstream of a discharge are found to be adversely impacted by the discharge. EPD has a schedule for development and implementation of nutrient water quality criteria for rivers and streams and for estuaries and coastal waters, and these criteria could impact discharges from Augusta’s system. 4.5.4 Onsite Septage Systems The design of septage systems is regulated by the Georgia Department of Health (Georgia Code Chapter 290-5-26). Local jurisdictions establish minimum lot requirements for septage systems and requirements for connection to a central wastewater collection system. With the increasing emphasis on minimizing water consumption and water quality issues in watershed management, it will be necessary to evaluate policies related to septage systems and prepare for an expanded role for central wastewater collection systems in the future. Augusta has adopted a policy to mandate conversion to central wastewater collection when service is available and has implemented a program to extend service to new customers who recently were availed of sewer service infrastructure. This policy and program will limit the potential impacts of pending regulations related to onsite septage systems. Attachment number 2 \nPage 43 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND WASTEWATER REVENUE BONDS, SERIES 2014 4-9 4.5.5 Residuals Management and 503 Regulations The EPA mandates that wastewater residuals be managed in compliance with its 503 regulations. Since 1993, these regulations have required that utilities obtain 503 permits and provide annual documentation of compliance with regulatory requirements. The 503 regu- lations identify different classes of sludge and mandate minimum practices for treatment, handling, and disposal of each class of sludge. General Permit for Stormwater Discharge Associated with Industrial Activity. In 1993, EPD issued NPDES Permit 000000 – Authorization to Discharge Under the National Discharge Elimination System Stormwater Discharges Associated with Industrial Activity. This permit requires properties with certain activities – those included in a specific list of SIC Codes—to file a Notice of Intent for coverage under the permit and to prepare and maintain an SWP3 and a Spill Prevention, Control, and Countermeasures Plan (SPCCP). In 1998, EPD issued a new general permit, GAR000000, and mandated that any entity with the intent to use that general permit would have to update its plans and conform to the new requirements of the permit. The Department has updated and modified all SWP3s to conform to the additional conditions in the 1998 storm water permit, and identify new locations which might be subject to an SWP3. EPD issued a new General Permit for Industrial Activity on April 16, 2012. 4.5.6 Stormwater Pollution Prevention Plan (SWP3) As part of the compliance requirements for the General Permit for Industrial Activity, EPD requires that covered properties prepare a SWP3. This plan describes the stormwater discharge points, the potential pollution sources on the site and the material handling and housekeeping practices used to prevent contamination of stormwater runoff. EPD has issued a general stormwater permit that can be used by any location wishing to conform to the permit conditions, as opposed to applying for a site-specific permit. During the original round of storm water permit issuance, AUD has complied with the general conditions for its storm water permitting. 4.5.7 Spill Prevention, Control, and Countermeasures Plan (SPCCP) The EPA, through 40 Code of Federal Regulations (CFR) Part 112, mandates that an SPCCP be prepared for any facility or location where one of several oil-based material storage thresholds are exceeded: any tank of 660-gallon capacity or greater; 1,320 gallons of total onsite storage; or a 20,000-gallon underground tank of petroleum-based product. This requirement is administered by EPD through the General Permit for Stormwater Discharges Associated with Industrial Activity. In addition to the SWP3, any facility meeting the material storage triggers listed above must prepare an SPCCP. An SPCCP provides documentation on oil-based products and specifies reporting and documentation requirements for best management practices (BMPs). AUD has implemented a formal inspection of all system facilities and documented the tanks and quantities of oil-based products stored onsite. This review either (1) identified those Attachment number 2 \nPage 44 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND WASTEWATER REVENUE BONDS, SERIES 2014 4-10 locations that need an SPCCP or, (2) if no SPCCP was required, satisfy the regulatory requirements. The Department also prepared a statement for each facility as to whether that facility needs an SPCCP and what basis was used to determine the applicability of the SPCCP requirement for each facility. 4.5.8 Municipal Storm Water Discharge Permit EPD currently requires municipalities with populations over 100,000 (Phase 1 communities) to obtain an NPDES permit to operate a Municipal Separate Storm Sewer System (MS4). In 2003, a general permit was prepared (Phase 2 Regulations), which covers communities in other “urbanized areas.” Each Phase 2 community, including Augusta-Richmond County, is required to submit a Notice of Intent to be covered by the general permit, and must implement a stormwater management program that addresses the six “minimum control measures” of the MS4 program: Public education and outreach Public participation/involvement Illicit discharge detection and elimination Construction site runoff Post-construction runoff control Pollution prevention/good housekeeping The stormwater management program was phased in over the initial 5-year permit period. AUD has complied at its facilities, but it is not the Augusta city department tasked with developing and enforcing the plan to comply with stormwater discharge permit regulations. Attachment number 2 \nPage 45 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND SEWERAGE REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 2014 5-1 Proposed System Capital Improvement Plan The Water and Sewerage Revenue Bonds, Series 2004, 2007 and 2012, were used to fund subsequent phases of the Department’s 10-year CIP initiated in 2000. Proceeds assisted in eliminating System deficiencies, meeting then current and future regulatory requirements, and accommodating future demands related to system growth. Construction associated with the 2004 Program was completed in 2010. The 2014 Bonds will be issued to qualify for the 3-year spending period provided for in the Treasury Regulations. The strategy for meeting 2025 water needs defined in Table 3-12 requires surface water as the primary water source. This required expansion and modification of the Highland Avenue WTP to assure sustained operational capacity of 60-mgd in addition to the new Hicks WTP 15-mgd first phase to ultimately replace GWPT1 and reduce the amount of ground water used. Upon completion of the Hicks facility, the usage of some wells serving GWTP No. 1 was reduced. The system then had a total production capability of 75 mgd from surface water supply and a reserve capacity of 10 mgd available from GWTPs. This will meet additional demand while minimizing reliance upon groundwater supply. Future expansions of the Hicks WTP will reduce groundwater reliance further even as demand growth continues. 5.1 Planning Criteria and Assumptions AUD’s Master CIP planned for needs through 2025. It uses a number of planning criteria for identifying the facilities necessary for the System. Recommendations of the Master Plan 2000, dated February 2000, were updated in the Water & Sewerage Revenue Bonds, 2002, 2004 2007 and 2012 Engineering Reports. The Technical Memoranda (TMs) included in the Master Plan 2000 document a baseline approach to evaluating the System facilities with respect to water demands, wastewater conveyance needs, and treatment requirements. Because some of the projects addressed by this CIP were part of previous planning documents, we have not re-addressed the criteria. However, some projects address requirements of Consent Agreements with the Ga. EPD and others address improvements to better distribute potable water and improve water quality. We know that the: Population in Augusta is shifting from developed areas to undeveloped areas where water and sewer services were previously unavailable. Water and wastewater system demand will increase as the population grows in Augusta. Projected water demands for the design year of 2025 are for average day demand of 49.8 mgd and maximum day demand of 74.7 mgd. Wastewater flow projections are for an average daily flow of 44.62 mgd and a maximum month flow of 54.44 mgd. Water and wastewater treatment improvements and expansions must be planned for compliance with all current regulatory requirements, as well as changes to these requirements that are anticipated in the next 5 years. Attachment number 2 \nPage 46 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND SEWERAGE REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 2014 5-2 A significant number of the CIP projects defined in the Water and Sewerage Revenue Bonds, Series 2002, Series 2004, Series 2007 and Series 2012 Engineer’s Report have been completed. Others require additional funding from the Series 2014 Bond Issue. Figures 5-1 and 5-2 indicate the projects totally or partially funded under previous bond programs. The CIP projects planned for the 2014 Bond Issue Capital Program are discussed in the following paragraphs. Figure 5-1 Attachment number 2 \nPage 47 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND SEWERAGE REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 2014 5-3 Figure 5-2 5.2 Cost Opinions for Recommended Projects A cost opinion was prepared for each of the recommended projects to establish initial construction budgets for projects to be funded by the Series 2014 Bonds. The cost opinions also include, as indirect costs, engineering and other technical services. Other designated projects may include only construction costs. The cost opinions were prepared using recent construction costs from similar projects in the Augusta area and the State of Georgia. The cost opinions were based on recent design engineering estimates or inspection of facilities, projections of equipment and facility needs, experience with similar projects, and manufacturer prices for recommended equipment. By necessity, some project cost opinions were developed in advance of detailed engineering work including preparation of specifications and detailed design drawings. For these projects, all of the required information concerning the nature and full scope of the project has not yet been obtained so cost opinions are based upon similar facilities recently constructed in this area. Rehabilitation of an existing facility may encounter a variety of unforeseen factors that can affect project costs and schedules. Examples of these factors include: contaminated soils, inaccurate piping and duct bank location drawings, concealed conditions in existing construction, and incomplete demolition of former structures (or abandoned in place rather than removed as shown on the record drawings). For this reason, contingencies were included to cover unforeseen costs. Cost opinions also include cost values for construction allowances. These are unknown scope activities that cannot be quantified at this stage of Attachment number 2 \nPage 48 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND SEWERAGE REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 2014 5-4 cost estimation and as such, are defined through the use of allowances from 10 to 15 percent. These allowances are included in the costs shown below. 5.3 Summary of Capital Improvements The CIP is summarized in Table 5-1 and 5-2. The projects are further described in the following sections. It will provide for upgrades and development of the water distribution system and the wastewater conveyance facilities. For the Water System, the CIP provides for construction of significant improvements to the water distribution system. For the Wastewater System, the CIP provides for design and construction of significant improvements to the wastewater conveyance system. WATER DISTRIBUTION SYSTEM. Table 5-1 Project Description TOTAL 1 Gordon Hwy Olive Rd to D Barnard 863,000$ 2 Plant-Maryland-Walden-White to 20" Olive Rd.2,285,000$ 3 Summerville Loop 794,000$ 4 Powell Rd Extension 600,000$ 5 Dennis RdTank, Pump & Pipe 4,124,000$ 6 Water Line Renewal/Replacement 1,500,000$ 7 Extension of Service 1,500,000$ TOTAL WATER PROJECTS $11,666,000 Table 5.1 is a summary of water distribution system improvements to be funded by the 2014 Series Bonds. The location of these construction projects are highlighted on Figure 5-1. Table 5-2 Project Description TOTAL 1 Spirit Ck HDPE LPS 12,000,000$ 2 Camp Hancock Sewer Rehab 4,000,000$ 3 Camille to Glass Factory LPS 1,500,000$ 4 15th St - Wrightsboro Rd Sewer Improvements 1,000,000$ TOTAL WASTEWATER PROJECTS 18,500,000$ Table 5.2 is a summary of wastewater conveyance system improvements to be funded by the 2014 Series Bonds. The location of these construction projects are highlighted on Figure 5-2. Attachment number 2 \nPage 49 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND SEWERAGE REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 2014 5-5 Figure 5-3 Figure 5-4 Attachment number 2 \nPage 50 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND SEWERAGE REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 2014 5-6 5.3.1.1 Renewal and Replacement Renewal and Replacement is a commitment of upgrades to the infrastructure of Ft Gordon under its contract with Augusta Utilities. It is a continuing program reimbursed by the Government on a monthly basis for the life of the Contract. The initial Bond funding will be used to begin the renewal of these old facilities and continue for the life of the contract. Reimbursements by the Government is included in the Ft Gordon O&M revenue in Table 6- 3. WATER DISTRIBUTION PROJECTS W1 Gordon Hwy, Olive Rd to D Barnard: This project connects a 16” pipeline in Olive Rd to the 24” pipeline flowing through the Merry Brick Property which serves the east Augusta industrial area. This 24” pipeline is supplied by the 12” pipeline in Molly Pond Rd and the 12” pipeline in New Savannah Rd, both of which are connected to the 20” pipeline in Steiner Ave. This connection closes a loop and provides redundancy to the feed to the Merry Brick Property 24” pipeline serving East Augusta. 6,300 lf $ 863,000 W 1 Attachment number 2 \nPage 51 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND SEWERAGE REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 2014 5-7 W2 Water Plant to Maryland thru the VA Hospital down Kimberly Dr and thru Pendleton King Park to the 20" Olive Rd. pipeline: This project provides redundancy to the main route of water to downtown Augusta. The 24” pipeline in Wrightsboro Rd, constructed in 1898 at the same time as the original Water Plant, also feeds the 20” pipeline (which becomes 16” at the intersection with Milledgeville Rd.) in Olive Rd then follows Steiner Ave and 7th St. Downtown. The old 24” cast iron pipeline has been in service for 116 years and should have a redundant pipeline for backup. 12,600 lf $2,285,000. W 2 W3 Summerville Loop: The Summerville water system was absorbed by the Augusta water system in the 1900’s. The village had water mains of cast iron served by wells and a standpipe (removed in 1974 off Monte Sano Ave.) Many of those mains remain in service and have suffered from tuberculation to some extent. Because of their small sizes, pressure problems have existed throughout Summerville’s “High Service” system (now served by the Attachment number 2 \nPage 52 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND SEWERAGE REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 2014 5-8 Highland Ave elevated tank. The loss of head due to reduced diameter is at fault. In 2005, Augusta began adding a supply loop around Summerville to eliminate the excessive head losses by laying a 16” pipeline from the Highland Avenue Plant along McDowell Street and North on Monte Sano Ave to Oakland St. This pipeline and the newly (2001) converted 18” ex-raw water, now potable, pipeline in Peachtree St have been cross connected to all of the intersecting pipelines. This project completes the loop devised to correct the low head conditions by completing the loop along Oakland, Katherine and Mc Dowell Streets with a 12” pipeline and interconnecting all intersecting pipelines with them. 10,700 lf $794,000. W 3 Attachment number 2 \nPage 53 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND SEWERAGE REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 2014 5-9 W4 Powell Rd Extension: This is the last section of 12” water main needed to assert that the west Augusta areas west of the 620 ft pipeline loop in Bel Air Rd and Wrightsboro Rd are fully served. The development potential of these areas was envisioned as part of the future for the construction of the new 36” water main from Highland Avenue Plant to Ft Gordon. 9,800 lf $733,000. W 4 Attachment number 2 \nPage 54 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND SEWERAGE REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 2014 5-10 W5 Dennis Rd Water Storage and Pump System: This project provides much needed storage volume to one of the prime areas of commerce for Augusta, the I-20- Washington Rd. corridor. The storage tank of 3.9 MG and pumping station are to be located at the far reaches of the 564’ System and are to operate based on system pressure in the west Augusta areas that it serves. The project is considered more beneficial than an elevated tank due to the much larger volume available with a ground storage tank and the lower capital costs. Augusta owns the real estate required for the project and the work has been designed. Minimal updating will be required of the existing design, thus the project can proceed at a faster pace than a totally new project. The site includes 2.4 Acres and 6,200 feet of 16’ pipeline and control scheme. 6,200 lf $ 912,000 3.0 MG $ 3,212,000 W 5 Attachment number 2 \nPage 55 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND SEWERAGE REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 2014 5-11 WATERWATER CONVEYANCE PROJECTS: S1 Spirit Ck HDPE LPS. The Spirit Ck Sanitary Sewer was built in 1980’s. The soils supporting the pipe are generally sugar sand. These soils allowed for movement of the tongue and groove joints of the pipeline, which over time have become separated allowing large amounts of groundwater to enter the pipeline. The pipeline is of 36”, 30” and 24” diameter. The water entering the pipe far exceeds the capacity of the Spirit Creek Wastewater Treatment Plant (2 MGD). In the last 10 years, Augusta constructed a pumping station that allows it to send the excess flow to the James B. Messerly Plant for treatment. This is of some consequence because the level of treatment that must be met by the Messerly Facility is much more stringent than at Spirit Creek. As long as Messerly has sufficient surplus capacity to handle the load, Augusta has time to correct the situation of excessive flow at the Spirit Creek facility and the corresponding diluted influent to the treatment plants. This project will construct a new pipeline with plastic welded joints to prevent any groundwater from entering the pipeline. All flow from contributing lateral sewers will be connected to the replacement sewer pipeline. Access ports will be provided at proper intervals. The pipeline will be equipped with pig launch facilities (for pipeline cleaning) for each pipeline size. The alternate of installing liners in the existing pipeline costs the same in materials, but the installation costs are much higher for liner installation because of the soil conditions where the existing pipelines were laid AND because the existing transport must be maintained during the construction of the project. The Installation of a parallel pipeline does not require any costs to maintain the transport. 42,900 lf $12,000,000 S 1 Attachment number 2 \nPage 56 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND SEWERAGE REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 2014 5-12 Attachment number 2 \nPage 57 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND SEWERAGE REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 2014 5-13 S2 Camp Hancock Sewer Rehab. The Camp Hancock Sewer was installed by the U. S. Government to serve Camp Hancock Army Camp west of Augusta in the late 1910’s. The design delivered the flow from all the Army facilities to the Combined Sewer system that existed in Augusta at that time. The pipeline route follows a descending grade around the west Augusta sand hill from North Leg and Wrightsboro Rd. to town. This effluent was discharge through the Glass Factory Combined Sewer Structure until the 1960’s when it was diverted to the Main Sewer Interceptor in New Savannah Rd. The Main Interceptor was constructed as part of the Sewer Improvement Plan of 1952 (by Patchen and Zimmerman). The Camp Hancock sewer is constructed of clay pipe, tongue and groove joints. When Camp Hancock was dismantled and the buildings were all taken down, it is very likely that the sewer service connections were not plugged, but simply buried. Camp Hancock was built on a sand hill, consequently water can enter the former sewer service lines as rainwater flows through the sand layers, which in itself limited the amount of rain water that enters the sewer in that manner. The joints of the main pipe were made with a ropelike material dipped in an asphaltic amalgam. After one hundred years, most of this material has decayed to the point where water can enter the pipeline. Consequently, the pipeline, while pervious, is acceptable in structural condition. Rehabilitation of the pipeline is possible for this sewer. The Camp Hancock sewer traverses three natural drainage basins: The Rocky Creek Basin, The Oates Creek Basin, and the Glass Factory Basin. Interception and connection of the areas in each basin to their proper sanitary sewer collection basin collection sewers would delay the introduction of these flows into the Main Interceptor Conveyance and reduce the flow that is handled by the remaining section in the Glass Factory Basin. Thereby reducing any associated Infiltration/Inflow (I/I) being transferred across basins. 28,100 lf $4,000,000 S 2 Attachment number 2 \nPage 58 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND SEWERAGE REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 2014 5-14 S3 Glass Factory relief LPS, Camille to Main Interceptor: This is a project needed to address the excessive I/I delivered by the Camp Hancock sewer to the Glass Factory Ave, 24” gravity delivery sewer. The connection of a 72” brick sewer that has been dedicated to sanitary use delivers the influent from Camp Hancock to a new 24” gravity pipeline that connects to the Main Interceptor. The capacity of the 24” gravity pipeline is insufficient to move all of the flow. Consequently, the 72” Brick Sewer backs up to nearly full, which in turn affects the hydraulic grade of the Camp Hancock sewer impacting it back for at least to where the invert of the Camp Hancock sewer is 6 feet higher. To insure there are no discharges from the system, we recommend providing the transportation means to prevent the 72” pipe from reaching full condition. This can be done by a 20” diameter Low Pressure System (LPS) to transport the water using atmospheric pressure to assist with the movement of the water. The 1000 lf of 72” brick pipeline still in use can function as the suction well for the system and one moving part, controlled by water level in the 72” brick sewer will control the release and prevent the LPS from losing its prime. This is similar to a number of system Augusta has installed around the collection system to handle the wastewater and minimize the energy consumption. There are as much as 17 ft of drop available to provide the head required to transport the water. The existing 24” gravity sewer will retain its use as an overflow relief sewer. 4,400 lf 1,500,000 S 3 Attachment number 2 \nPage 59 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND SEWERAGE REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 2014 5-15 S4 15th Street – Wrightsboro Rd. Improvements This project will improve the sanitary sewer system within in the project area. The hydraulic conditions will be improved by implementing one of the three alternatives shown below. Each alternative provides a separate sanitary sewer to convey wastewater originating north of Wrightsboro Road through the basin to the sanitary sewer basin outfall just east of 15th Street and Wrightsboro Road. Each alternative proposes installing gravity sewer with the length differing according to each route. 1,600 ft $1,500,000 S 4 TOTAL WASTEWATER PROJECTS $18,500,000 TOTAL ALL PROJECTS $31,166,000 Attachment number 2 \nPage 60 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND SEWERAGE REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 2014 1. 6-1 Financial Performance This section presents an overview and evaluation of the historical performance of the System for a period of 2009 through 2013 and projected financial performance of the System for the study period 2014 through 2023. 6.1 Historical Performance Table 6-1 presents the financial performance of the Department for the past 5 years, 2009- 2013. System revenues increased from $75.7 to $87.6 million during this period, an increase of 15.7 percent. However, there were significant fluctuations from 2009 to 2013 due to Fort Gordon revenue fluctuations. As part of the agreement with Fort Gordon, certain construction projects were requested that AUD would administer and initially fund, referred to as Initial Capital Upgrades (ICU’s), and other fees that are to be reimbursed by Fort Gordon. These reimbursements are reflected as income by AUD, and as such the fluctuations in these reimbursements each year affect Operating Revenue. Ft. Gordon Revenue totaled $7.9 million, $10.3 million, $12.3 million, $17.7 million and $3.9 million in 2009, 2010 and 2011, 2012 and 2013 respectively. Operating expenses for the five year period increased 23.6 percent, from $55.4 million to $68.5 million. This increase is primarily attributable to increased depreciation from capital projects and increased personnel costs as the utility attempts to separate Water and Sewer maintenance activities and moves towards preventative maintenance operation. The Department’s minimum debt service coverage requirement for the issuance of additional debt is 1.25 times annual debt service for the forecast period. The Department has an annual rate covenant of 1.10 times debt service payments. Between 2009 and 2013, debt service coverage ranged from 1.49 to 1.73. Attachment number 2 \nPage 61 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND SEWERAGE REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 2014 1. 6-2 TABLE 6-1 Historical Water and Sewer System Operating Results 2009 2010 2011 2012 2013 OPERATING REVENUES Charges and Fees 75,675,852$ 84,460,784$ 87,607,757$ 102,495,912$ 87,640,826$ OPERATING EXPENSES Personnel Services 13,733,178 13,180,215 13,116,761 13,458,826 14,405,875 Other Operating Expenses 20,745,424 19,304,668 20,398,421 21,318,112 22,412,283 Payment in Lieu of Taxes 881,550 977,880 1,027,380 1,103,800 1,079,010 Payment in Lieu of Franchise Fees 2,434,530 2,611,820 2,430,980 2,659,010 2,656,320 Depreciation 17,644,049 22,791,229 26,152,763 27,091,020 27,950,200 Total 55,438,731 58,865,812 63,126,305 65,630,768 68,503,688 Operating Income (Loss)20,237,121 25,594,972 24,481,452 36,865,144 19,137,138 Non-Operating Revenues (Expenses) Interest Income 374,523 165,056 189,675 216,669 134,153 Bond Interest & Fiscal Charges (17,488,962) (21,844,322) (23,681,773) (23,727,104) (22,945,071) Amortization of Bond Issuance Costs (653,123) (653,123) (945,732) (1,267,330) (1,178,002) Intergovernmental Revenue - - 50,000 - - Other Revenues (Expenses)114,370 32,104 76,508 50,853 39,511 Total (17,653,192) (22,300,285) (24,311,322) (24,726,912) (23,949,409) Transfers Out to Other Funds - - - (40,620) - Change in Net Position 2,583,929 3,294,687 170,130 12,097,612 (4,812,271) Plus:Bond Interest & Fiscal Charges 17,488,962 21,844,322 23,681,773 23,727,104 22,945,071 Depreciation & Amortization 18,297,172 23,444,352 27,098,495 28,358,350 29,128,202 Payment in Lieu of Taxes 881,550 977,880 1,027,380 1,103,800 1,079,010 Pmt in Lieu of Franchise Fees 2,434,530 2,611,820 2,430,980 2,659,010 2,656,320 Less:Construction Fund Int Inc (188,775) (1,084) (2,389) (30,803) (23,496) Net Revenues Available for DS 41,497,368$ 52,171,977$ 54,406,369$ 67,915,073$ 50,972,836$ Debt Service on Revenue Bonds 27,877,516$ 28,896,706$ 29,459,698$ 29,458,066$ 29,536,716$ Debt Service Coverage Ratio 1.49 1.81 1.85 2.31 1.73 6.2 Water and Sewer Rates The Department’s water rate structure consists of a monthly customer charge and a two- tiered volumetric rate. For residential customers with metered consumption exceeding 3,000 gallons per month, the monthly customer charge is $15.10. The volumetric rate is $2.08 per kgal for the first 3,000 gallons and $2.33 for each additional kgal. For customers using less than 3,000 gallons per month, a $21.77 customer charge applies with no volumetric charges. For non-residential customers, the monthly customer charge is $16.38 for 5/8-inch & ¾-inch meters. For meters larger than ¾”the monthly customer charge increases in relation to the equivalent meter ratio. The volumetric rate for non-residential customers is $2.65 per kgal for the first 3,000 gallons and $2.94 for each additional kgal. The Department’s sewer rate structure is based on monthly water consumption and consists of a monthly customer charge and a uniform volumetric rate. For residential customers with Attachment number 2 \nPage 62 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND SEWERAGE REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 2014 1. 6-3 a winter average metered water consumption exceeding 3,000 gallons per month during the previous December, January and February the monthly customer charge is $27.45. The volumetric rate is $2.53 per kgal. For customers using less than 3,000 gallons of water per month, a $19.58 customer charge is applied with no volumetric charge. For non-residential customers, the monthly customer charge is $28.91 for customers with either 5/8-inch or ¾-inch water meters. For non-residential customers with water meters larger than ¾ inch, the monthly customer charge increases in relation to the equivalent meter ratio. The volumetric rate for these non-residential customers is $3.20 per kgal. Water and sewer service customer charges by meter size and volumetric rates for both residential and non-residential customers are shown in Table 6-2. TABLE 6-2 Water and Sewer Rates (Effective 4/1/2012) Residential Rate Structure Meter Size Water Base Charge Rate per 1,000 gallons (kgal) Sewer Base Charge Rate per 1,000 gallons (kgal) All meters less than 3 kgal $21.77 N/A $19.58 N/A All meters greater than 3 kgal $15.10 $2.08 for the first 3kgals $2.33 for over 3kgals $27.45 $2.53 Commercial (Non-Residential) Rate Structure Meter Size Water Base Charge Rate per 1,000 Gallons (kgal) Sewer Base Charge Rate per 1,000 gallons (kgal) 5/8" & 3/4" $16.38 $2.65 for the first 3kgals 2.94 for over 3kgals $28.91 $3.20 1" $23.21 Same $41.31 Same 1-1/4" & 1-1/2" $38.44 Same $69.02 Same 2" $55.23 Same $99.73 Same 3" $92.38 Same $167.88 Same 4" $133.81 Same $243.19 Same 6" $225.68 Same $411.06 Same 8" $327.33 Same $596.75 Same 10" $437.19 Same $797.69 Same 12" $567.33 Same $1,010.23 Same Annual rate increases of 3 percent per annum were implemented in 2009 through 2013. Water and sewer rate increases were applied uniformly across utilities and customer classes. That is, rate increases were applied to all water and sewer customer charges, volumetric rates, and industrial surcharge rates for both the water and wastewater systems. A rate increase of 3% per year is forecasted to be required to maintain the financial condition after the significant investment Augusta has made in its water and sewer systems in the last ten years. Water and sewer tap fees are $350 per service for residential connections5. The water and sewer tap fees assessed to new customers connecting to the system are conservatively assumed to remain constant throughout the forecast period. 5 Tap fees vary depending on water meter and tap sizes. Cost does not include additional fees assessed for road crossing or sidewalk replacement. Attachment number 2 \nPage 63 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND SEWERAGE REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 2014 1. 6-4 6.3 Financial Policies The Department uses a system of fund accounting to track water and sewer system revenues and expenditures. Funds include the Revenue Fund, the Utility General Fund, Sinking Fund, and the Construction Funds associated with specific bond series. All revenues are deposited into the Revenue Fund. Revenue Fund expenditures include all O&M expenses, operating capital expenditures, transfers to the Utility General Fund for capital projects, debt service, and other deposits to the Sinking Funds, all in accordance with the Bond Resolution. Construction Funds are restricted funds separate from the Revenue Fund. Bond proceeds are deposited into the Capitalized Interest and Construction Fund. In accordance with the Bond Resolution, until the 2004 and the 2012 Bonds are paid, the Department is required to maintain a minimum balance in the Utility General Fund of the lower of $2,500,000 or 5 percent of the Operating Revenues of the System for the preceding fiscal year. Thereafter, this minimum balance is required to be maintained in the Revenue Fund. Prior to 2000, the Department made transfers from the Operating Fund to Augusta’s General Fund. To ensure financial integrity and self-sufficiency, the Bond Resolution provides that the Department no longer makes transfers to Augusta’s General Fund other than payments in lieu of taxes and franchise fees. 6.4 Projected Operating Results Table 6-3 presents projected operating results for the System, including projected revenues, expenses, debt service, and debt service coverage through 2023. 6.4.1 Revenues As of December 31, 2013, the System provided service to 70,330 water accounts and 57,095 active sewer accounts. Annual growth of residential water customer accounts is expected to be 0.5%, in line with historical trends. New sewer accounts are projected to increase by 1% per year, also based on historical trends. Attachment number 2 \nPage 64 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND SEWERAGE REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 2014 6-5 TABLE 6-3 Water and Sewer System Forecast Operating Results 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 Scheduled Rate Increase 3.0%3.0%3.0%3.0%3.0%3.0%3.0%3.0%3.0%2.0% Water Sales Revenue 37,572,647$ 38,887,689$ 40,248,758$ 41,657,465$ 43,115,476$ 44,624,518$ 46,186,376$ 47,802,899$ 49,476,001$ 50,712,901$ Sewer Sales & Industrial Surcharge Revenue 36,782,215 38,253,503 39,783,643 41,374,989 43,029,989 44,751,188 46,541,236 48,402,885 50,339,000 51,849,170 Ft Gordon O & M Revenue 8,011,873 8,178,550 8,350,227 8,527,055 6,253,207 6,440,803 6,634,027 6,833,048 7,038,039 7,249,180 Tap Fee Revenue 1,105,533 1,116,588 1,127,754 1,139,032 1,150,422 1,161,926 1,173,545 1,185,281 1,197,134 1,209,105 Other Revenue 3,040,528 3,070,934 3,101,643 3,132,659 3,163,986 3,195,626 3,227,582 3,259,858 3,292,456 3,325,381 GROSS REVENUE 86,512,795 89,507,264 92,612,026 95,831,199 96,713,079 100,174,061 103,762,766 107,483,971 111,342,630 114,345,737 Operations & Maintenance Expense 70,637,914 73,311,053 75,883,528 78,192,906 80,164,518 81,999,840 83,875,249 85,791,649 87,749,961 89,751,134 OPERATING INCOME 15,874,882 16,196,211 16,728,498 17,638,294 16,548,562 18,174,221 19,887,517 21,692,322 23,592,669 24,594,604 Non-Operating Revenues (Expenses)(24,874,535) (24,375,075) (23,636,752) (23,011,984) (22,319,962) (21,727,708) (21,131,710) (20,514,481) (19,862,940) (19,177,831) CHANGE IN NET POSITION (8,999,653) (8,178,863) (6,908,254) (5,373,690) (5,771,401) (3,553,487) (1,244,194) 1,177,841 3,729,730 5,416,773 Plus: Depreciation 29,273,356 31,119,204 32,847,842 34,296,506 35,390,190 36,330,026 37,292,039 38,276,774 39,284,789 40,316,658 Interest & Fiscal Charges 23,783,861 23,385,492 22,597,169 21,922,401 21,231,847 20,641,104 20,046,663 19,431,037 18,781,147 18,097,172 PILOT 1,100,590 1,122,602 1,145,054 1,167,955 1,191,314 1,215,141 1,239,443 1,264,232 1,289,517 1,315,307 PILOFF 2,736,010 2,818,090 2,902,633 2,989,712 3,079,403 3,171,785 3,266,939 3,364,947 3,465,895 3,535,213 NET REVENUE AVAILABLE FOR DEBT SERVICE 47,894,164$ 50,266,525$ 52,584,444$ 55,002,884$ 55,121,354$ 57,804,568$ 60,600,890$ 63,514,831$ 66,551,078$ 68,681,123$ Previous Scheduled Bond Debt Service 31,789,513$ 31,792,673$ 31,792,173$ 31,790,973$ 31,791,623$ 31,794,123$ 31,790,273$ 31,789,173$ 31,791,860$ 31,791,585$ Series 2014 Debt Service Increase (Decrease)258,260 254,050 252,650 253,650 254,500 252,000 253,300 258,287 256,125 251,370 TOTAL DEBT SERVICE 32,047,773$ 32,046,723$ 32,044,823$ 32,044,623$ 32,046,123$ 32,046,123$ 32,043,573$ 32,047,460$ 32,047,985$ 32,042,955$ Debt Service Coverage Ratio 1.49 1.57 1.64 1.72 1.72 1.80 1.89 1.98 2.08 2.14 MAX Annual Debt Service (MADS) Maximum Debt Service Occurring in 2031 32,068,175$ 32,068,175$ 32,068,175$ 32,068,175$ 32,068,175$ 32,068,175$ 32,068,175$ 32,068,175$ 32,068,175$ 32,068,175$ MADS Coverage Ratio 1.49 1.57 1.64 1.72 1.72 1.80 1.89 1.98 2.08 2.14 Attachment number 2 \nPage 65 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND SEWERAGE REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 2014 6-6 Annual water sales revenues are forecast to increase from $37.6 million to $50.7 million and sewer sales and industrial surcharge revenues from $36.8 million to $ 51.8 million. Water and sewer tap fees, and other miscellaneous revenues are assumed to increase by 1% per year to match the level of projected sewer customer percentage increase. These fees and revenue items are expected to increase from $4.1 million in 2014 to $4.5 million in 2023. Fort Gordon contracted annual system maintenance revenue of $5,050,812 is projected to increase by 10% in 2014 due to the addition of New Inventory and 3% every year thereafter. Ft. Gordon revenue of $2.5 million per year from allocation of the initial system purchase ends in 2018-2019 when the final annual payment for the purchase of the original inventory of assets occurs. In 2023, total revenues of $114.3 million are projected, and are to be comprised of water sales (44.4 percent), sewer sales (45.3 percent), Ft. Gordon revenue (6.3 percent) other revenues (2.9 percent), and water and sewer tap fees (1.1 percent). Total annual revenues are expected to grow 32.1 percent from $ 86.5 million in 2014 to $114.3 million in 2023, primarily as a consequence of projected rate increases. 6.4.2 Expenses Total system O&M expenses for 2013 were $68.5 million and are projected to be $70.6 million in 2014. System operating expenses include incremental costs related to the installation of new capital facilities. Expenses are stated in 10 categories: Administration (includes payments to the General Fund in lieu of Franchise Fees and Taxes), Customer Service, Construction and Maintenance, Raw Water, Surface Water Treatment, Groundwater, Messerly Pollution Control Plant, New Programs and Positions, New WTP, and Depreciation. O & M expenses in 2014 are based on budget-to-actual amounts, with an escalation rate for these categories computed at an annual rate of inflation (2 percent) after 2014. Additional O&M expenses attributed to the capital improvement program are included in the fiscal year 2014 budget for each category and included staffing expenses and recurring costs related to process changes, system expansions, system administrative reorganization, Fort Gordon ICU’s and Renewal & Replacement and other aspects of the Utilities Department’s business plan. Operational costs caused by new facilities will be leveled out by 2015. Following 2015, the O&M expenses are projected to continue increasing at long- term escalation rates. 6.4.3 Debt Service Projected debt service includes debt service for both existing and proposed revenue bond issues. Currently, the Department is repaying four revenue bond issues: Series 2004 Bonds, Series 2007 Bonds, Series 2012 Bonds and Series 2013 Bonds. The combined annual principal and interest payment for these revenue bonds is $31.8 million over the forecast period. The 2004 Bonds will be fully retired in 2039, the 2007 Bonds in 2030, the 2012 Bonds in 2042 and the 2013 Bonds in 2033. The Department also pays principal and interest on four loans issued by the Georgia Environmental Finance Authority (GEFA) in 1997, 1999, 2011, and 2012. The GEFA 1997 loan will be fully retired in 2016, the 1999 loan in 2019, the 2011 and Attachment number 2 \nPage 66 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND SEWERAGE REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 2014 6-7 the 2012 loans in 2031. These GEFA loans are not included in the parity coverage requirements according to the Bond Resolution and are therefore not included in debt service coverage calculations. The proposed Series 2014 bond amount will fund the capital program described in Section 5 and refund the Series 2004 Revenue Bonds, including the required debt service reserve and issuance costs. 6.4.4 Debt Service Coverage Debt service coverage is evaluated in terms of the System as a whole (combined water and sewer). The debt service coverage ratio is calculated as the net revenues available for debt service divided by total annual debt service. Net revenues available for debt service are the sum of net income adding back bond interest expense and fiscal charges, depreciation (a non-cash expense) and amortization, PILOT and PILOFF. Although PILOT and PILOFF costs are payable from system revenues as operating expenses, the Bond Resolution provides that such PILOT and PILOFF costs are payable only from the revenues of the System remaining after the payment of other operating expenses and after the payment of debt service on the bonds, subordinate debt service and hedge payments. Accordingly, under the Bond Resolution, PILOT and PILOFF costs are added back to net income for the purposes of determining net income available for debt service. The system has an annual rate covenant of 1.10 times debt service payments. Total system debt service coverage is estimated to be 1.49 in 2014 and projected to range from 1.57 to 2.14 over the study period as shown in Table 6-3. As indicated in Table 6-3, during the period from 2019 through 2023 which follows the construction period, the System will generate net revenues available for debt service that will be in excess of the 1.25 times maximum annual debt service requirement found within Bond Resolution requirements necessary for future borrowing. System debt service coverage ratios for this period based upon the maximum annual debt service of $32.1 million occurring in 2031 are projected to range from 1.49 to 2.14. 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 Fiscal Charges 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 Previous Bonds 22,604,513 13,782,673 13,337,173 12,860,973 12,361,623 11,829,123 11,270,273 10,684,173 10,066,860 9,416,585 2014 Refunding Bonds - 8,470,100 8,464,550 8,458,850 8,453,000 8,447,000 8,440,850 8,434,400 8,425,600 8,416,400 GEFA 573,015 523,949 474,036 433,809 395,074 354,981 325,540 302,464 278,687 254,187 Capital Leases 164,637 273,015 97,139 61,817 3,505 - - - - - FG Purchase 431,696 325,755 214,271 96,952 8,645 - - - - - Total 23,783,861 23,385,492 22,597,169 21,922,401 21,231,847 20,641,104 20,046,663 19,431,037 18,781,147 18,097,172 6.4.5 Operating Fund Balances Operating Fund cash flows are presented in Table 6-4. In addition to operating expenses and debt service payments, uses of cash include current revenue financing of planned capital improvements, GEFA loan payments, Renewal and Extension project funding, funding of contractually required Renewal & Replacment projects at Fort Gordon, and the Attachment number 2 \nPage 67 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND SEWERAGE REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 2014 6-8 Department’s budgeted requirements for non-project related operating capital. Operating capital expenditures, excluded from the debt service coverage calculation, are expected to total $6.1 million in 2014 and escalate to $9.2 million in 2015 then normalize to $6.7 million in 2016 and increasing by 3% each year thereafter. Capital lease payments of $1.1 million in 2014 will vary slightly through 2017, ending with $.35 million in 2018. Expenditures for Renewal and Extension projects are anticipated to be $2.0 million in 2015, $4 million in 2016, then starting to ramp up by an additional $1 million per year in 2017 then leveling off at $7 million in 2019. Subsequent years are anticipated to increase by 3% per year. These Renewal and Extension funds are used for minor or miscellaneous capital improvements and emergency projects. Scheduled rate increases provide for compliance with the Bond Resolution requirement to maintain Utility General Fund balances equal to the lesser of $2.5 million or 5 percent of the preceding fiscal year’s operating revenues. Utility General Fund balances range from $4.1 million to $28.4 million over the forecast period. Attachment number 2 \nPage 68 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND SEWERAGE REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 2014 6-9 TABLE 6-4 Operating Fund, Forecasted Sources and Uses of Cash Flows 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 Beginning Balance 31,234,939$ 16,017,258$ 8,174,146$ 6,214,889$ 5,435,919$ 4,036,953$ 4,350,837$ 7,156,729$ 12,189,375$ 19,555,666$ Water Sales Revenue 37,572,647 38,887,689 40,248,758 41,657,465 43,115,476 44,624,518 46,186,376 47,802,899 49,476,001 50,712,901 Sewer Sales & Industrial Surcharges 36,782,215 38,253,503 39,783,643 41,374,989 43,029,989 44,751,188 46,541,236 48,402,885 50,339,000 51,849,170 Ft Gordon O & M Revenue 8,011,873 8,178,550 8,350,227 8,527,055 6,253,207 6,440,803 6,634,027 6,833,048 7,038,039 7,249,180 Tap Fees 1,105,533 1,116,588 1,127,754 1,139,032 1,150,422 1,161,926 1,173,545 1,185,281 1,197,134 1,209,105 Other Revenue 2,992,711 2,922,025 3,002,734 3,083,751 3,113,610 3,143,739 3,174,138 3,204,811 3,235,758 3,267,549 Interest Revenue 47,817 148,909 98,909 48,909 50,376 51,887 53,444 55,047 56,698 57,832 TOTAL 86,512,795 89,507,264 92,612,026 95,831,199 96,713,079 100,174,061 103,762,766 107,483,971 111,342,630 114,345,737 Operations & Maintenance Expense 41,364,558 42,191,849 43,035,686 43,896,400 44,774,328 45,669,814 46,583,210 47,514,875 48,465,172 49,434,476 PILOT and PILOFF 3,836,600 3,940,692 4,047,687 4,157,667 4,270,717 4,386,926 4,506,382 4,629,179 4,755,412 4,850,520 Current Revenue Financing 13,928,000 3,133,587 - - - - - - - - GEFA Payments 1,940,444 2,096,940 1,907,604 1,718,268 1,718,268 1,598,876 1,240,700 1,240,700 1,240,700 1,240,700 Existing Debt Service 31,789,513 31,792,673 31,792,173 31,790,973 31,791,623 31,794,123 31,790,273 31,789,173 31,791,860 31,791,585 Proposed Debt Service Increase (Decrease)258,260 254,050 252,650 253,650 254,500 252,000 253,300 258,287 256,125 251,370 Renewal & Extension Projects - 2,000,000 4,000,000 5,000,000 6,000,000 7,000,000 7,210,000 7,426,300 7,649,089 7,878,562 Fort Gordon Renewal & Replacement 2,536,320 2,789,952 2,873,651 2,959,860 3,048,656 3,140,116 3,234,319 3,331,349 3,431,289 3,534,228 Operating Capital Expenditures & Leases 6,076,782 9,150,633 6,661,833 6,833,352 6,253,953 6,018,323 6,138,689 6,261,463 6,386,692 6,514,426 TOTAL 101,730,477 97,350,375 94,571,283 96,610,169 98,112,045 99,860,177 100,956,873 102,451,325 103,976,339 105,495,866 ENDING BALANCE 16,017,258$ 8,174,146$ 6,214,889$ 5,435,919$ 4,036,953$ 4,350,837$ 7,156,729$ 12,189,375$ 19,555,666$ 28,405,537$ Net Increase (Decrease)(15,217,681)$ (7,843,111)$ (1,959,257)$ (778,970)$ (1,398,966)$ 313,884$ 2,805,893$ 5,032,646$ 7,366,291$ 8,849,871$ Table 6-5 Interest & Fiscal Charges 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 Fiscal Charges 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 Previous Bonds 22,604,513 13,782,673 13,337,173 12,860,973 12,361,623 11,829,123 11,270,273 10,684,173 10,066,860 9,416,585 2014 Refunding Bonds - 8,470,100 8,464,550 8,458,850 8,453,000 8,447,000 8,440,850 8,434,400 8,425,600 8,416,400 GEFA 573,015 523,949 474,036 433,809 395,074 354,981 325,540 302,464 278,687 254,187 Capital Leases 164,637 273,015 97,139 61,817 3,505 - - - - - FG Purchase 431,696 325,755 214,271 96,952 8,645 - - - - - Total 23,783,861 23,385,492 22,597,169 21,922,401 21,231,847 20,641,104 20,046,663 19,431,037 18,781,147 18,097,172 Attachment number 2 \nPage 69 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND SEWERAGE REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 2014 6-10 6.5 Capital Financing The capital improvement program will require approximately $30 million in total funding over the 5-year period, as discussed in Section 5 and shown in Table 6-5. TABLE 6-6 Funding Decisions 2014 2015 2016 2017 2018 2019 Beginning Balance, Construction Fund 30,000,000$ 30,026,250$ 26,078,796$ 16,124,434$ 6,152,652$ 1,463,419$ Year Capital Expenditures -$ 4,000,000$ 10,000,000$ 10,000,000$ 4,700,000$ 1,465,980$ Bond Proceeds Available 30,000,000$ 30,026,250$ 26,078,796$ 16,124,434$ 6,152,652$ 1,463,419$ Interest Earned in Construction Funds*26,250$ 52,546$ 45,638$ 28,218$ 10,767$ 2,561$ Total Funds 30,026,250$ 30,078,796$ 26,124,434$ 16,152,652$ 6,163,419$ 1,465,980$ Ending Balance, Construction Fund 30,026,250$ 26,078,796$ 16,124,434$ 6,152,652$ 1,463,419$ (0)$ * Interest income through the 2nd half of each Fiscal Year Two sources of funds will be used to fund the capital program: bond proceeds (99.61 percent), and interest in the Construction Fund (0.39 percent). Approximately $30 million in bond proceeds will be placed into the 2014 Project Fund. Interest in the Construction Fund is projected to total $165,980 over the 5-year period. Planned water and sewer rate increases are projected to generate nearly $28.2 million in additional revenues over the forecast period. Use of these funds provides an appropriate matching of revenues to capital expenses (including debt service payments) to accommodate system growth, effect major system improvements, and extend sewer service to unsewered areas. In the event that actual growth in the Department’s water and sewer systems revenue is less than projected, project deferrals may be employed without degradation of services to ensure adequate matching of system revenues and projected capital expenditures. 6.6 Conclusions ZEL Engineer’s projection of the financial performance of the System for the 10-year period 2014 through 2023 is summarized as follows: Total revenues are projected to increase 26.8 percent over the 10-year period. Total Uses of Funds, including incremental operating expenditures attributed to planned capital expenditures and associated debt service, are projected to increase by 16.7 percent over the forecast period. Projects identified in the Department’s 5-year CIP reflect priority needs of the system and, after adjusting for inflation, are expected to total $40.156 million. These expenditures will be funded through the debt issue in 2014 ($31 million in project funds), and interest on the Construction Fund ($153,499). Financing of the planned 5-year capital program will be enabled by planned system- wide water and sewer rate increases of 3 percent per annum from 2015 through 2023. The typical residential bill for both water and sewer service is projected to increase 30.5 percent over the forecast period as a result of these rate increases. Attachment number 2 \nPage 70 of 71 Item # 23 ENGINEER’S REPORT AUGUSTA UTILITIES DEPARTMENT WATER AND SEWERAGE REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 2014 6-6-11 Given scheduled water and sewer rate increases throughout the forecast period, net revenues of the System will be sufficient to meet projected debt service obligations on existing debt and the Series 2014 Bond. Attachment number 2 \nPage 71 of 71 Item # 23 Commission Meeting Agenda 9/2/2014 2:00 PM Opinion Attorney General Department: Caption:Motion to approve requesting an opinion from the Georgia Attorney General relative to scope/proper use of funding from SPLOST for non-profit organizations. (Requested by Commissioners Wayne Guilfoyle and Donnie Smith) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 24 Commission Meeting Agenda 9/2/2014 2:00 PM 7th Street Bridge over Augusta Canal- Bridge Replacement- SA#1 Department:Abie L. Ladson, Director AED Caption:Motion to approve Supplemental Agreement One to Moreland Altobelli Associates, Inc., in the amount of $55,254.00 for the funding of Design Consultant Services on the 7th Street Bridge over the Augusta Canal – Bridge Replacement as requested by the AED. (Approved by Engineering Services Committee August 25, 2014) Background:The 7th Street Bridge over Augusta Canal – 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. In December 2013, commission approved award of the initial design phases of the project that included concept development, survey, and development of design criteria. Analysis:Initial site assessment and field investigation indicated that environmental permitting and utility coordination will be required to reconstruct the bridge. This Supplemental Agreement covers the needed additional professional services. Financial Impact:Funds are available in the amount of $55,254.00 in the Project TIA funds. Alternatives:1). Approve funding for Design Consultant Services Supplemental Agreement One to Moreland Altobelli Associates, Inc., in the amount of $55,254.00 for the 7th Street Bridge over the Augusta Canal – Bridge Replacement as requested by the AED 2). Do not approve and find alternative to complete the project and meet TIA project completion schedule. Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: 371-041110-5212115/T13041222-5212115 Cover Memo Item # 25 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 25 (SA02 – For changes greater than $20,000) April 2010 AUGUSTA-RICHMOND COUNTY AUGUSTA, GA ENGINEERING DEPARTMENT SUPPLEMENTAL AGREEMENT Augusta Richmond County Project Number(s): 371-041110-T13041108 & T13041111 Supplemental Agreement Number: 1 Purchase Order Number: P210089 WHEREAS, We, Moreland Altobelli Associates, Consultant, entered into a contract with Augusta- Richmond County on 6/15/2012, for engineering design services associated with the Broad St. Bridge over the Augusta Canal & Broad St. Bridge over Hawks Gully, Bid #11-134, File Reference No.12-014 (A), and WHEREAS, certain revisions to the design requested by Augusta-Richmond County are not covered by the scope of the original contract, we desire to submit the following Supplemental Agreement to-wit: Broad St over Augusta Canal , environmental permitting Broad St over Hawks Gully, Roadway, hydraulic, structural & environmental services It is agreed that as a result of the above described modification the contract amount is increased by $138,462.00 from $159,910.00 to a new total of $298,372.00. Any modifications to submittal dates shall be as identified in the attached proposal. This agreement in no way modifies or changes the original contract of which it becomes a part, except as specifically stated herein. NOW, THEREFORE, We, Moreland Altobelli Associates, Consultant, hereby agree to said Supplemental Agreement consisting of the above mentioned items and prices, and agree that this Supplemental Agreement is hereby made a part of the original contract to be performed under the specifications thereof, and that the original contract is in full force and effect, except insofar as it might be modified by this Supplemental Agreement. This day of , 2014 RECOMMEND FOR APPROVAL: CITY OF AUGUSTA-RICHMOND COUNTY AUGUSTA, GEORGIA Deke Copenhaver, Mayor Approved: Date Approved: Date [ATTACHED CORPORATE SEAL] ATTEST: ATTEST: Title: Title: 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 Attachment number 1 \nPage 1 of 1 Item # 25 Augusta-Richmond County, Georgia Bridge Repair and Restoration BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the following Capital Project Budget is hereby adopted: Section 1: This project is authorized to CPB#371-041110-T13041222. This project consists of design services for the 7th Street Bridge over the Augusta Canal Bridge Repair Supplemental Agreement One to Moreland Altobelli Associates, Inc in the amount of $55,254. Funding is available in the TIA project budget account. Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. 150,000$ 150,000$ 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-T13041222 CAPITAL PROJECT BUDGET 7th Street Bridge over the Augusta Canal TIA Funds 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 8.11.2014 Attachment number 2 \nPage 1 of 2 Item # 25 Augusta-Richmond County, Georgia CPB#371-041110-T13041222 CAPITAL PROJECT BUDGET 7th Street Bridge over the Augusta Canal CPB AMOUNT NEW SOURCE OF FUNDS CPB CPB TIA Funds (150,000)$ (150,000)$ 371-041110-T13041222 TOTAL SOURCES: (150,000)$ (150,000)$ USE OF FUNDS ENGINEERING 371-041110-5212115-T13041222 150,000$ 150,000$ TOTAL USES:150,000$ 150,000$ Attachment number 2 \nPage 2 of 2 Item # 25 Attachment number 3 \nPage 1 of 2 Item # 25 Attachment number 3 \nPage 2 of 2 Item # 25 Commission Meeting Agenda 9/2/2014 2:00 PM Acquisition of a portion of the property for right of way and permanent construction & maintenance easement- Marshall Department:Law Caption:Motion to authorize condemnation to acquire title of a portion of property for right of way, permanent construction and maintenance easement, and two temporary driveway easements (Parcel 227-0-039-00-0) 4769 Windsor Spring Road. (Approved by Engineering Services Committee August 25, 2014) Background:Due to unclear title, the City seeks to acquire title through condemnation. In order to proceed and avoid further project delays, it is necessary to condemn a portion of subject property. The required property consists of 7,927.99 square feet of right of way, 1,522.58 square feet of permanent easement, and two temporary driveway easements. The appraised value is $18,500.00. Analysis:Condemnation is necessary in order to acquire the required property. Financial Impact:The necessary costs will be covered under the project budget. Alternatives:Deny condemnation. Recommendation:Approve condemnation. Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: G/L 323041110-52.12122 J/L 299823786-52.12122 REVIEWED AND APPROVED BY: Finance. Law. Cover Memo Item # 26 Administrator. Clerk of Commission Cover Memo Item # 26 Attachment number 1 \nPage 1 of 1 Item # 26 Commission Meeting Agenda 9/2/2014 2:00 PM Acquisition of Permanent Contruction & Maintenance Easement fior Driveways -Zohra Department:Law Caption:Motion to authorize condemnation to acquire title of a portion of property for permanent easement, temporary easement for construction, and temporary easement for driveways (Parcel 041- 3-001-00-0) 1414 Marks Church Road. (Approved by Engineering Services Committee August 25, 2014) Background:Despite repeated efforts, the City has been unable to reach an agreement with the property owner and therefore seeks to acquire title through condemnation. In order to proceed and avoid further project delays, it is necessary to condemn a portion of subject property. The required property consists of 321.97 square feet of permanent easement, 443.36 square feet of temporary easement for construction, and 1,000.06 square feet of temporary easement for driveways. The appraised value is $1,300.00. Analysis:Condemnation is necessary in order to acquire the required property. Financial Impact:The necessary costs will be covered under the project budget. Alternatives:Deny condemnation. Recommendation:Approve condemnation. Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: G/L 325041120-52.12122 J/L 209825201-52.12122 REVIEWED AND APPROVED BY: Finance. Law. Cover Memo Item # 27 Administrator. Clerk of Commission Cover Memo Item # 27 Attachment number 1 \nPage 1 of 1 Item # 27 Commission Meeting Agenda 9/2/2014 2:00 PM Augusta Utilities and Tag Office Peach Orchard Commons Estimated Furniture & Equipment Costs Department:Utilities, Tom Wiedmeier, Director and Tag Office, Steven Kendrick, Director Caption:Motion to approve Augusta Utilities and Tag Office Peach Orchard Commons Estimated Furniture & Equipment Costs. (Approved by Engineering Services Committee August 25, 2014) Background:The Commission approved the intent to lease Peach Orchard Commons in the December 10, 2012 meeting and the estimated costs for furniture and equipment need to be approved. Analysis:As part of the Peach Orchard Road Commons project, we would like to provide our customers with a good system to organize their visit to our location and to provide management reporting to track customer service efficiency and trends. We are recommending purchasing these items through federal contract. QMatic Company is under federal contract and has a system that utilizes customer kiosks, software, wall mounted monitors and customer announcements to process customers in an orderly, timely manner and also tracks details of each customer visit and each customer service employee. This information will be invaluable in making decisions to make the customer experience the best it can be at the new Peach Orchard Road location for both departments. Both departments will also need furniture and fixtures that will be purchased under state contract, currently anticipated to be from Modern Business Systems under Georgia State Contract No. SWC060748. The estimate for furniture is $130,000 for Utilities and $75,000 for the Tag Office. Financial Impact:The cost of the QMatic proposal is $45,908.80 for Utilities and $97,623.15 for the three Tag Offices. The federal contract documents are attached to this agenda item. The funds for these purchases have been budgeted and are available in Utilities fund 506-04-3210-5424510 and the Tag Office portion will be paid by Fund 272 Capital Outlay. Alternatives:None Cover Memo Item # 28 Recommendation:Approve Augusta Utilities and Tag Office Peach Orchard Commons Estimated Furniture & Equipment Costs Funds are Available in the Following Accounts: Utilities fund 506-04-3210-5424510 and the Tag Office portion will be paid by Fund 272 Capital Outlay. REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 28 INFORMATION FOR ORDERING ACTIVITIES 1a. Special Item Numbers (SINs): See specific schedules for details 1b. Lowest Priced Model: SIN specific, see current catalog for details 1c. Hourly Rates: N/A 2. Maximum Order: SIN specific, request from contractor 3. Minimum Order: $100.00 4. Geographic Coverage: 50 states, District of Columbia and Puerto Rico 5. Points of Production: Item specific 6. Discount from List Price: Prices shown are net (discount deducted). 7. Quantity Discounts: None 8. Prompt Payment Terms: Net 30 Days 9a. Government Purchase Cards: Acceptable 9b. Discount for Payment by Government Commercial Credit Card: None 10. Foreign Items: Item specific 11a. Time of Delivery: 1 to 150 days after receipt of order 11b. Expedited Delivery: Available for additional charge, item specific 11c. Overnight & 2 Day Delivery: Available for additional charge, item specific 11d. Urgent Requirements: Availability of accelerated delivery determined by factory. 12. FOB Points: FSG 66 and 70 items will be delivered FOB Destination anywhere in the 50 states, District of Columbia and Puerto Rico, excluding exceptions. Prices for delivery to other overseas destinations are FOB port of embarkation. FSG 62 and 84 items will be delivered FOB Origin. 13a. Ordering Address: Technical Communities, Inc., 1111 Bayhill Drive, Suite 400, San Bruno, CA 94066, (650) 624-0525 Main, (650) 624-0535 Fax 13b. Ordering Procedures: For supplies and services, the ordering procedures, information on Blanket Purchase Agreements (BPA’s) can be found at the GSA/FSS Schedule homepage (fss.gsa.gov/schedules). 14. Payment Address: Same as ordering address (13b) 15. Warranty Provisions: Standard Commercial Warranty 16. Export Packing Charges: Contact contractor for availability and cost 17. Purchase Card Acceptance: No restrictions 18. Through 24: N/A 25. DUNS Number: 08-643-8152 26. CCR Registration: 1RPN6 (CAGE CODE) Attachment number 1 \nPage 1 of 1 Item # 28 Export Controlled Items marked "Export Controlled" are subject to export controls by the U.S. Department of State {USML CAT XI (a)(4)}" Small business credit Technical Communities, Inc., operator of TestMart, is classified as a "Small Business" under most NAICS. Please check www.sam.gov for current information. Federal contract information Technical Communities, Inc. d.b.a. TestMart 1111 Bayhill Ave Ste 400 San Bruno, CA 94066 DUNS: 08-643-8152 Tax ID: 94-3310442 CAGE code: 1RPN6 DODAAC: Q90079 GS24F0066M (Expiration date: 2018-MAR-10) GS35F0311R (Expiration date: 2015-FEB-02) V797P4410B (Expiration date: 2016-MAR-31) Terms and Conditions The terms and conditions of orders placed under Federal Supply Schedule (FSS) are determined by the governing FSS contract. In the event of any inconsistency between the terms and conditions stated in this document and those of the governing FSS, the latter will govern. FSS contract terms are accessible from www.gsaelibrary.gsa.gov. All prices are in US dollars. Acceptable payment methods are commercial credit card (VISA, MasterCard only), or Government Purchase Card (IMPAC), or Net 30 days upon approved credit. Hardcopy purchase/project orders are required before an order can be processed. All products ship in commercial packaging unless otherwise noted and will be suitably packaged for airfreight shipment. Item lead time is indicated with each item and is confirmed at time of order. All products are shipped via ground unless otherwise specified by customer at time of order. Technical Communities, Inc. does not offer a right-of-return. New Product Warranty Returns: Please contact the manufacturer's Customer Service organization for warranty claims, service requests or Return Material Authorizations (RMA). FOR RETURNS OR SERVICE FOR REFURBISHED, RECONDITIONED OR REMANUFACTURED PRODUCTS, please contact our Customer Service Organization for warranty claims, service requests or Return Material Authorizations (RMA). Previously owned and refurbished equipment is sold with a 6 month warranty and a 5 day right of return except where otherwise stated. Federal Prime Contractor requirement To be eligible for FSS pricing prime contractors to the U.S. federal government must provide proof of authorization to use Government supply sources as per FAR 51.1 and include the following statement on any resulting order: “This order is placed under the written authorization from the (enter Government organization/contract number here), dated (enter date). In the event of any inconsistency between the terms and conditions of the order and those of Technical Communities, Inc. Federal Supply Schedule, the latter will govern.” Sales tax Technical Communities, Inc. must be provided re-seller or tax-exempt documentation during time of purchase period otherwise governing sales tax will be charged. Privacy note Technical Communities, Inc. has a firm commitment to your privacy. Technical Communities, Inc. does not share information about individual users with any unrelated third parties and makes every reasonable effort to protect your data. In some cases, in order to complete a transaction with a third-party supplier, Technical Communities, Inc. may need to provide information to the vendor necessary to complete the transaction. In addition, by requesting a quote from Technical Communities, Inc. you may receive periodic communications about this quote or other relevant topics. Our full privacy policy is available at http://www.testmart.com/about/privacytmp.cfm or by contacting us directly at 888-665-2765. Attachment number 2 \nPage 1 of 1 Item # 28 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 1.0 Qmatic 10115001 8 weeks NEW GS-35F-0311R 132-33 US 0 None $4,800.00 $3,888.00 1 $0.00 $3,888.00 Orchestra Capacity License Subtotal $3,888.00 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 2.0 Qmatic 10115010 8 weeks NEW GS-35F-0311R 132-8 US 0 None $1,200.00 $972.00 1 $0.00 $972.00 Orchestra Dashboard Function Subtotal $972.00 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 3.0 Qmatic 10115011 8 weeks NEW GS-35F-0311R 132-8 US 0 None $1,600.00 $1,296.00 1 $0.00 $1,296.00 Orchestra Matchmaker Function Subtotal $1,296.00 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 4.0 Qmatic 10115012 8 weeks NEW GS-35F-0311R 132-8 US 0 None $1,067.00 $864.27 1 $0.00 $864.27 Orchestra Calendar Function Subtotal $864.27 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 5.0 Qmatic 10115014 8 weeks NEW GS-35F-0311R 132-8 US 0 None $1,200.00 $960.00 1 $0.00 $960.00 Orchestra Analysis Function Subtotal $960.00 1 of 7 Quotation No. 297619-0 Quotation No. 297619-0 Augusta Utilities Department Joan West jwest@augustaga.gov Ref# RGH-GH-82-02242012 Tel: 706-821-1851 Augusta, GA 30906 US Date: 02/25/2014 Expires: 05/26/2014 Contract number(s): ·GS35F0311R exp 02/02/2015 Company information: Technical Communities, Inc. 1111 Bayhill Drive Ste 400 San Bruno, CA 94066 ·Tax Id: 94-3310442 ·D&B: 086438152 ·Cage: 1RPN6 Questions? Ricky Prasad - Technical Communities rprasad@technicalcommunities.com Phone: 650-794-3719 Fax: (650) 624-0535 Attachment number 3 \nPage 1 of 7 Item # 28 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 6.0 Qmatic 10115015 8 weeks NEW GS-35F-0311R 132-8 US 0 None $1,600.00 $1,296.00 1 $0.00 $1,296.00 Orchestra Digital Media Function Subtotal $1,296.00 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 7.0 Qmatic 10115020 8 weeks NEW GS-35F-0311R 132-8 US 0 None $402.00 $325.62 1 $0.00 $325.62 Orchestra SMS Subtotal $325.62 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 8.0 Qmatic 10115000 8 weeks NEW GS-35F-0311R 132-33 US 0 None $460.00 $372.60 12 $0.00 $4,471.20 Orchestra User License Subtotal $4,471.20 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 9.0 Qmatic 99900524 8 weeks NEW GS-35F-0311R 132-8 US 6 Months $2,520.00 $1,512.00 1 $0.00 $1,512.00 Orchestra Branch Hub with 1745 Interface Subtotal $1,512.00 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 10.0 Qmatic 10214120 8 weeks NEW GS-35F-0311R 132-51 US 6 Months $8,325.00 $4,995.00 1 $0.00 $4,995.00 Intro 17 Subtotal $4,995.00 2 of 7 Quotation No. 297619-0 Quotation No. 297619-0 Augusta Utilities Department Joan West jwest@augustaga.gov Ref# RGH-GH-82-02242012 Tel: 706-821-1851 Augusta, GA 30906 US Date: 02/25/2014 Expires: 05/26/2014 Contract number(s): ·GS35F0311R exp 02/02/2015 Company information: Technical Communities, Inc. 1111 Bayhill Drive Ste 400 San Bruno, CA 94066 ·Tax Id: 94-3310442 ·D&B: 086438152 ·Cage: 1RPN6 Questions? Ricky Prasad - Technical Communities rprasad@technicalcommunities.com Phone: 650-794-3719 Fax: (650) 624-0535 Attachment number 3 \nPage 2 of 7 Item # 28 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 11.0 Qmatic 214201 8 weeks NEW GS-35F-0311R 132-8 US 6 Months $810.00 $486.00 1 $0.00 $486.00 Q-MATIC Vision Touch Screen Table/Wall Stand Subtotal $486.00 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 12.0 Qmatic 99900557 8 weeks NEW OPEN MARKET $0.00 $70.00 1 $0.00 $70.00 99900557 Open Market Item, Non GSA - NCR Case of 2x980 thermal Ticket Rolls Subtotal $70.00 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 13.0 Qmatic 340401 8 weeks NEW GS-35F-0311R 132-8 US 6 Months $975.00 $585.00 5 $0.00 $2,925.00 D948R Matrix Display (Red) Subtotal $2,925.00 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 14.0 Qmatic 340301 8 weeks NEW GS-35F-0311R 132-8 US 6 Months $555.00 $333.00 9 $0.00 $2,997.00 D924R Matrix Display (Red) Subtotal $2,997.00 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 15.0 Qmatic 112014 8 weeks NEW GS-35F-0311R 132-8 US 6 Months $180.00 $108.00 1 $0.00 $108.00 CP2014 Main Connection Box Subtotal $108.00 3 of 7 Quotation No. 297619-0 Quotation No. 297619-0 Augusta Utilities Department Joan West jwest@augustaga.gov Ref# RGH-GH-82-02242012 Tel: 706-821-1851 Augusta, GA 30906 US Date: 02/25/2014 Expires: 05/26/2014 Contract number(s): ·GS35F0311R exp 02/02/2015 Company information: Technical Communities, Inc. 1111 Bayhill Drive Ste 400 San Bruno, CA 94066 ·Tax Id: 94-3310442 ·D&B: 086438152 ·Cage: 1RPN6 Questions? Ricky Prasad - Technical Communities rprasad@technicalcommunities.com Phone: 650-794-3719 Fax: (650) 624-0535 Attachment number 3 \nPage 3 of 7 Item # 28 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 16.0 Qmatic 112018 8 weeks NEW GS-35F-0311R 132-8 US 6 Months $150.00 $90.00 2 $0.00 $180.00 CP2018 Power Connection Box Subtotal $180.00 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 17.0 Qmatic 117030 8 weeks NEW GS-35F-0311R 132-8 US 6 Months $1,580.00 $950.00 1 $0.00 $950.00 CHORAL Subtotal $950.00 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 18.0 Qmatic 99900565 8 weeks NEW OPEN MARKET $0.00 $68.10 3 $0.00 $204.30 99900565 Open Market Item, Non GSA - Control 12C/T Compact Ceiling Speaker Subtotal $204.30 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 19.0 Qmatic 99900564 8 weeks NEW OPEN MARKET $0.00 $360.00 1 $0.00 $360.00 99900564 Open Market Item, Non GSA - Bogen 35 Watt Mixer Amplifier - Classic Series UL/CSA Subtotal $360.00 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 20.0 Qmatic HW9024 8 weeks NEW OPEN MARKET US 0 Stnd $600.00 $600.00 1 $0.00 $600.00 Hardware, Signage and Cabling Subtotal $600.00 4 of 7 Quotation No. 297619-0 Quotation No. 297619-0 Augusta Utilities Department Joan West jwest@augustaga.gov Ref# RGH-GH-82-02242012 Tel: 706-821-1851 Augusta, GA 30906 US Date: 02/25/2014 Expires: 05/26/2014 Contract number(s): ·GS35F0311R exp 02/02/2015 Company information: Technical Communities, Inc. 1111 Bayhill Drive Ste 400 San Bruno, CA 94066 ·Tax Id: 94-3310442 ·D&B: 086438152 ·Cage: 1RPN6 Questions? Ricky Prasad - Technical Communities rprasad@technicalcommunities.com Phone: 650-794-3719 Fax: (650) 624-0535 Attachment number 3 \nPage 4 of 7 Item # 28 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 21.0 Qmatic 100932 8 weeks NEW OPEN MARKET US 0 Stnd $210.00 $178.50 3 $0.00 $535.50 Qmatic Power Supply PS5A Subtotal $535.50 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 22.0 Qmatic 99900394 8 weeks NEW OPEN MARKET US 0 Stnd $110.00 $106.70 1 $0.00 $106.70 UPS Battery Backup Subtotal $106.70 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 23.0 Qmatic 99900546 8 weeks NEW OPEN MARKET $0.00 $165.00 2 $0.00 $330.00 99900546 Open Market Item, Non GSA - Cat5e Cable - 300' Box Subtotal $330.00 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 24.0 Qmatic 99900013 8 weeks NEW OPEN MARKET US 0 Stnd $80.00 $77.60 1 $0.00 $77.60 4-Port Ethernet Switch Subtotal $77.60 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 25.0 Qmatic PM-hr 8 weeks NEW GS-35F-0311R 132-51 US 0 None $150.00 $135.00 6 $0.00 $810.00 Project Manager (Service is offered with an experience level of 5 years and as an hourly rate for any additional hours required after the minimum) Subtotal $810.00 5 of 7 Quotation No. 297619-0 Quotation No. 297619-0 Augusta Utilities Department Joan West jwest@augustaga.gov Ref# RGH-GH-82-02242012 Tel: 706-821-1851 Augusta, GA 30906 US Date: 02/25/2014 Expires: 05/26/2014 Contract number(s): ·GS35F0311R exp 02/02/2015 Company information: Technical Communities, Inc. 1111 Bayhill Drive Ste 400 San Bruno, CA 94066 ·Tax Id: 94-3310442 ·D&B: 086438152 ·Cage: 1RPN6 Questions? Ricky Prasad - Technical Communities rprasad@technicalcommunities.com Phone: 650-794-3719 Fax: (650) 624-0535 Attachment number 3 \nPage 5 of 7 Item # 28 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 26.0 Qmatic SA-hr 8 weeks NEW GS-35F-0311R 132-51 US 0 None $150.00 $135.00 12 $0.00 $1,620.00 Systems Analyst (Service is offered with an experience level of 3 years and as an hourly rate for any additional hours required after the minimum) Subtotal $1,620.00 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 27.0 Qmatic SCV001 8 weeks NEW OPEN MARKET US 0 Stnd $1,999.00 $1,799.00 1 $0.00 $1,799.00 System Configuration Visit Subtotal $1,799.00 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 28.0 Qmatic TR2-hr 8 weeks NEW GS-35F-0311R 132-51 US 0 None $150.00 $135.00 8 $0.00 $1,080.00 Trainer - Level II (Service is offered with an experience level of 5 years and as an hourly rate for any additional hours required after the minimum) Subtotal $1,080.00 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 29.0 Qmatic IT-hr 8 weeks NEW GS-35F-0311R 132-51 US 0 None $125.00 $112.50 29 $0.00 $3,262.50 Installation Technician (Service is offered with an experience level of 2 years and as an hourly rate for any additional hours required after the minimum) Subtotal $3,262.50 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 30.0 Qmatic TR9090 8 Weeks NEW OPEN MARKET $0.00 $1,100.00 1 $0.00 $1,100.00 TR9090 Open Market Item, Non GSA - Travel and Expenses Subtotal $1,100.00 6 of 7 Quotation No. 297619-0 Quotation No. 297619-0 Augusta Utilities Department Joan West jwest@augustaga.gov Ref# RGH-GH-82-02242012 Tel: 706-821-1851 Augusta, GA 30906 US Date: 02/25/2014 Expires: 05/26/2014 Contract number(s): ·GS35F0311R exp 02/02/2015 Company information: Technical Communities, Inc. 1111 Bayhill Drive Ste 400 San Bruno, CA 94066 ·Tax Id: 94-3310442 ·D&B: 086438152 ·Cage: 1RPN6 Questions? Ricky Prasad - Technical Communities rprasad@technicalcommunities.com Phone: 650-794-3719 Fax: (650) 624-0535 Attachment number 3 \nPage 6 of 7 Item # 28 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 31.0 Qmatic LG0001 8 weeks NEW OPEN MARKET $0.00 $0.00 1 $0.00 $0.00 LG0001 Open Market Item, Non GSA - English (included with voice unit at no charge) Subtotal $0.00 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 32.0 Qmatic HW-MAINT 8 weeks NEW GS-35F-0311R 132-12 US 0 Stnd $500,000.00 $1,421.84 1 $0.00 $1,421.84 Qmatic Hardware Maintenance is calculated at 12% off the Hardware list price. The GSA price will then be calculated at a 5% discount - (HW list price / .88 = HW-MAINT list price / .95 = HW-MAINT GSA Price) Subtotal $1,421.84 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 33.0 Qmatic SW-MAINT 8 weeks NEW GS-35F-0311R 132-34 US 0 Stnd $500,000.00 $4,305.27 1 $0.00 $4,305.27 Qmatic Software Maintenance is calculated at 12% off the Software list price. The GSA price will then be calculated at a 5% discount - (HW list price / .88 = SW-MAINT list price / .95 = SW-MAINT GSA Price) ===== RE: Updated quote. Orchestra enterprise connected to the enterprise server. Shared capacity licensee from the Tax office. Self check-in with kiosk that can also be greeter managed. Nine possible service points with 924 displays. Additional 948 displays to direct customer to the correct service point.(Directional displays in hallways.) Three stack 948 main display in lobby. Automated voice announcements. Complete installation, training and management reports are included. A project manager site visit is also included at the same time as the TAX office visit to finalize desired configuration. 12 cc licensees including users, managers and greeter. Categories and matter codes TBD during PM site visit. This system will connect to the County SQL DB and server. THIS QUOTE IS ONLY VALID IF ORDERED AT THE SAME TIME AS THE TAX OFFICE QUOTE Subtotal $4,305.27 Shipping:$0.00 Tax:$0.00 Total:$45,908.80 Thank You for choosing Technical Communities. To place your credit card order call (650) 794-3717 7 of 7 Quotation No. 297619-0 Quotation No. 297619-0 Augusta Utilities Department Joan West jwest@augustaga.gov Ref# RGH-GH-82-02242012 Tel: 706-821-1851 Augusta, GA 30906 US Date: 02/25/2014 Expires: 05/26/2014 Contract number(s): ·GS35F0311R exp 02/02/2015 Company information: Technical Communities, Inc. 1111 Bayhill Drive Ste 400 San Bruno, CA 94066 ·Tax Id: 94-3310442 ·D&B: 086438152 ·Cage: 1RPN6 Questions? Ricky Prasad - Technical Communities rprasad@technicalcommunities.com Phone: 650-794-3719 Fax: (650) 624-0535 Attachment number 3 \nPage 7 of 7 Item # 28 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 1.0 Qmatic 10115001 8 weeks NEW GS-35F-0311R 132-33 US 0 None $4,800.00 $3,888.00 1 $0.00 $3,888.00 Orchestra Capacity License Subtotal $3,888.00 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 2.0 Qmatic 10115010 8 weeks NEW GS-35F-0311R 132-8 US 0 None $1,200.00 $972.00 1 $0.00 $972.00 Orchestra Dashboard Function Subtotal $972.00 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 3.0 Qmatic 10115011 8 weeks NEW GS-35F-0311R 132-8 US 0 None $1,600.00 $1,296.00 1 $0.00 $1,296.00 Orchestra Matchmaker Function Subtotal $1,296.00 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 4.0 Qmatic 10115012 8 weeks NEW GS-35F-0311R 132-8 US 0 None $1,067.00 $864.27 1 $0.00 $864.27 Orchestra Calendar Function Subtotal $864.27 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 5.0 Qmatic 10115014 8 weeks NEW GS-35F-0311R 132-8 US 0 None $1,200.00 $960.00 1 $0.00 $960.00 Orchestra Analysis Function Subtotal $960.00 1 of 8 Quotation No. 297632-0 Quotation No. 297632-0 Richmond County Tax Steven Kendrick steven.kendrick@augustaga.gov Ref# RGH-GP-83-02242012 Tel: 706-821-2417 Augusta, GA 30901 US Date: 02/25/2014 Expires: 05/26/2014 Contract number(s): ·GS35F0311R exp 02/02/2015 Company information: Technical Communities, Inc. 1111 Bayhill Drive Ste 400 San Bruno, CA 94066 ·Tax Id: 94-3310442 ·D&B: 086438152 ·Cage: 1RPN6 Questions? Ricky Prasad - Technical Communities rprasad@technicalcommunities.com Phone: 650-794-3719 Fax: (650) 624-0535 Attachment number 4 \nPage 1 of 8 Item # 28 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 6.0 Qmatic 10115015 8 weeks NEW GS-35F-0311R 132-8 US 0 None $1,600.00 $1,296.00 1 $0.00 $1,296.00 Orchestra Digital Media Function Subtotal $1,296.00 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 7.0 Qmatic 10115020 8 weeks NEW GS-35F-0311R 132-8 US 0 None $402.00 $325.62 1 $0.00 $325.62 Orchestra SMS Subtotal $325.62 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 8.0 Qmatic 10115000 8 weeks NEW GS-35F-0311R 132-33 US 0 None $460.00 $372.60 28 $0.00 $10,432.80 Orchestra User License Subtotal $10,432.80 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 9.0 Qmatic 99900524 8 weeks NEW GS-35F-0311R 132-8 US 6 Months $2,520.00 $1,512.00 3 $0.00 $4,536.00 Orchestra Branch Hub with 1745 Interface Subtotal $4,536.00 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 10.0 Qmatic 10214120 8 weeks NEW GS-35F-0311R 132-51 US 6 Months $8,325.00 $4,995.00 3 $0.00 $14,985.00 Intro 17 Subtotal $14,985.00 2 of 8 Quotation No. 297632-0 Quotation No. 297632-0 Richmond County Tax Steven Kendrick steven.kendrick@augustaga.gov Ref# RGH-GP-83-02242012 Tel: 706-821-2417 Augusta, GA 30901 US Date: 02/25/2014 Expires: 05/26/2014 Contract number(s): ·GS35F0311R exp 02/02/2015 Company information: Technical Communities, Inc. 1111 Bayhill Drive Ste 400 San Bruno, CA 94066 ·Tax Id: 94-3310442 ·D&B: 086438152 ·Cage: 1RPN6 Questions? Ricky Prasad - Technical Communities rprasad@technicalcommunities.com Phone: 650-794-3719 Fax: (650) 624-0535 Attachment number 4 \nPage 2 of 8 Item # 28 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 11.0 Qmatic 214201 8 weeks NEW GS-35F-0311R 132-8 US 6 Months $810.00 $486.00 3 $0.00 $1,458.00 Q-MATIC Vision Touch Screen Table/Wall Stand Subtotal $1,458.00 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 12.0 Qmatic 99900557 8 weeks NEW OPEN MARKET $0.00 $70.00 3 $0.00 $210.00 99900557 Open Market Item, Non GSA - NCR Case of 2x980 thermal Ticket Rolls Subtotal $210.00 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 13.0 Qmatic 340301 8 weeks NEW GS-35F-0311R 132-8 US 6 Months $555.00 $333.00 18 $0.00 $5,994.00 D924R Matrix Display (Red) Subtotal $5,994.00 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 14.0 Qmatic 112014 8 weeks NEW GS-35F-0311R 132-8 US 6 Months $180.00 $108.00 9 $0.00 $972.00 CP2014 Main Connection Box Subtotal $972.00 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 15.0 Qmatic 112018 8 weeks NEW GS-35F-0311R 132-8 US 6 Months $150.00 $90.00 4 $0.00 $360.00 CP2018 Power Connection Box Subtotal $360.00 3 of 8 Quotation No. 297632-0 Quotation No. 297632-0 Richmond County Tax Steven Kendrick steven.kendrick@augustaga.gov Ref# RGH-GP-83-02242012 Tel: 706-821-2417 Augusta, GA 30901 US Date: 02/25/2014 Expires: 05/26/2014 Contract number(s): ·GS35F0311R exp 02/02/2015 Company information: Technical Communities, Inc. 1111 Bayhill Drive Ste 400 San Bruno, CA 94066 ·Tax Id: 94-3310442 ·D&B: 086438152 ·Cage: 1RPN6 Questions? Ricky Prasad - Technical Communities rprasad@technicalcommunities.com Phone: 650-794-3719 Fax: (650) 624-0535 Attachment number 4 \nPage 3 of 8 Item # 28 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 16.0 Qmatic 117030 8 weeks NEW GS-35F-0311R 132-8 US 6 Months $1,580.00 $950.00 3 $0.00 $2,850.00 CHORAL Subtotal $2,850.00 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 17.0 Qmatic 99900565 8 weeks NEW OPEN MARKET $0.00 $68.10 9 $0.00 $612.90 99900565 Open Market Item, Non GSA - Control 12C/T Compact Ceiling Speaker Subtotal $612.90 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 18.0 Qmatic 99900564 8 weeks NEW OPEN MARKET $0.00 $360.00 3 $0.00 $1,080.00 99900564 Open Market Item, Non GSA - Bogen 35 Watt Mixer Amplifier - Classic Series UL/CSA Subtotal $1,080.00 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 19.0 Qmatic HW9024 8 weeks NEW OPEN MARKET US 0 Stnd $600.00 $600.00 3 $0.00 $1,800.00 Hardware, Signage and Cabling Subtotal $1,800.00 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 20.0 Qmatic 100932 8 weeks NEW OPEN MARKET US 0 Stnd $210.00 $178.50 4 $0.00 $714.00 Qmatic Power Supply PS5A Subtotal $714.00 4 of 8 Quotation No. 297632-0 Quotation No. 297632-0 Richmond County Tax Steven Kendrick steven.kendrick@augustaga.gov Ref# RGH-GP-83-02242012 Tel: 706-821-2417 Augusta, GA 30901 US Date: 02/25/2014 Expires: 05/26/2014 Contract number(s): ·GS35F0311R exp 02/02/2015 Company information: Technical Communities, Inc. 1111 Bayhill Drive Ste 400 San Bruno, CA 94066 ·Tax Id: 94-3310442 ·D&B: 086438152 ·Cage: 1RPN6 Questions? Ricky Prasad - Technical Communities rprasad@technicalcommunities.com Phone: 650-794-3719 Fax: (650) 624-0535 Attachment number 4 \nPage 4 of 8 Item # 28 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 21.0 Qmatic 99900394 8 weeks NEW OPEN MARKET US 0 Stnd $110.00 $106.70 3 $0.00 $320.10 UPS Battery Backup Subtotal $320.10 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 22.0 Qmatic 99900546 8 weeks NEW OPEN MARKET $0.00 $165.00 3 $0.00 $495.00 99900546 Open Market Item, Non GSA - Cat5e Cable - 300' Box Subtotal $495.00 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 23.0 Qmatic 99900013 8 weeks NEW OPEN MARKET US 0 Stnd $80.00 $77.60 3 $0.00 $232.80 4-Port Ethernet Switch Subtotal $232.80 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 24.0 Qmatic PM-hr 8 weeks NEW GS-35F-0311R 132-51 US 0 None $150.00 $135.00 15 $0.00 $2,025.00 Project Manager (Service is offered with an experience level of 5 years and as an hourly rate for any additional hours required after the minimum) Subtotal $2,025.00 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 25.0 Qmatic SA-hr 8 weeks NEW GS-35F-0311R 132-51 US 0 None $150.00 $135.00 20 $0.00 $2,700.00 Systems Analyst (Service is offered with an experience level of 3 years and as an hourly rate for any additional hours required after the minimum) Subtotal $2,700.00 5 of 8 Quotation No. 297632-0 Quotation No. 297632-0 Richmond County Tax Steven Kendrick steven.kendrick@augustaga.gov Ref# RGH-GP-83-02242012 Tel: 706-821-2417 Augusta, GA 30901 US Date: 02/25/2014 Expires: 05/26/2014 Contract number(s): ·GS35F0311R exp 02/02/2015 Company information: Technical Communities, Inc. 1111 Bayhill Drive Ste 400 San Bruno, CA 94066 ·Tax Id: 94-3310442 ·D&B: 086438152 ·Cage: 1RPN6 Questions? Ricky Prasad - Technical Communities rprasad@technicalcommunities.com Phone: 650-794-3719 Fax: (650) 624-0535 Attachment number 4 \nPage 5 of 8 Item # 28 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 26.0 Qmatic SCV001 8 weeks NEW OPEN MARKET US 0 Stnd $1,999.00 $1,799.00 1 $0.00 $1,799.00 System Configuration Visit Subtotal $1,799.00 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 27.0 Qmatic TR2-hr 8 weeks NEW GS-35F-0311R 132-51 US 0 None $150.00 $135.00 30 $0.00 $4,050.00 Trainer - Level II (Service is offered with an experience level of 5 years and as an hourly rate for any additional hours required after the minimum) Subtotal $4,050.00 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 28.0 Qmatic IT-hr 8 weeks NEW GS-35F-0311R 132-51 US 0 None $125.00 $112.50 88 $0.00 $9,900.00 Installation Technician (Service is offered with an experience level of 2 years and as an hourly rate for any additional hours required after the minimum) Subtotal $9,900.00 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 29.0 Qmatic TR9090 8 Weeks NEW OPEN MARKET $0.00 $1,100.00 3 $0.00 $3,300.00 TR9090 Open Market Item, Non GSA - Travel and Expenses Subtotal $3,300.00 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 30.0 Qmatic LG0001 8 weeks NEW OPEN MARKET $0.00 $0.00 1 $0.00 $0.00 LG0001 Open Market Item, Non GSA - English (included with voice unit at no charge) Subtotal $0.00 6 of 8 Quotation No. 297632-0 Quotation No. 297632-0 Richmond County Tax Steven Kendrick steven.kendrick@augustaga.gov Ref# RGH-GP-83-02242012 Tel: 706-821-2417 Augusta, GA 30901 US Date: 02/25/2014 Expires: 05/26/2014 Contract number(s): ·GS35F0311R exp 02/02/2015 Company information: Technical Communities, Inc. 1111 Bayhill Drive Ste 400 San Bruno, CA 94066 ·Tax Id: 94-3310442 ·D&B: 086438152 ·Cage: 1RPN6 Questions? Ricky Prasad - Technical Communities rprasad@technicalcommunities.com Phone: 650-794-3719 Fax: (650) 624-0535 Attachment number 4 \nPage 6 of 8 Item # 28 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 31.0 Qmatic HW-MAINT 8 weeks NEW GS-35F-0311R 132-12 US 0 Stnd $500,000.00 $3,626.46 1 $0.00 $3,626.46 Qmatic Hardware Maintenance is calculated at 12% off the Hardware list price. The GSA price will then be calculated at a 5% discount - (HW list price / .88 = HW-MAINT list price / .95 = HW-MAINT GSA Price) Subtotal $3,626.46 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 32.0 Qmatic SW-MAINT 8 weeks NEW GS-35F-0311R 132-34 US 0 Stnd $500,000.00 $6,268.20 1 $0.00 $6,268.20 Qmatic Software Maintenance is calculated at 12% off the Software list price. The GSA price will then be calculated at a 5% discount - (HW list price / .88 = SW-MAINT list price / .95 = SW-MAINT GSA Price) Subtotal $6,268.20 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 33.0 Qmatic QMC1013 8 weeks NEW GS-35F-0311R 132-8 US 6 Months $1,500.00 $1,200.00 1 $0.00 $1,200.00 Orchestra Web Connector Subtotal $1,200.00 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 34.0 Qmatic 99900538 8 weeks NEW OPEN MARKET US 0 Stnd $330.00 $330.00 3 $0.00 $990.00 HDMI over Cat5 ¿ 4-Port Transmitter Subtotal $990.00 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 35.0 Qmatic 99900539 8 weeks NEW OPEN MARKET US 0 Stnd $260.00 $260.00 5 $0.00 $1,300.00 HDMI over Cat5 Receiver/Extender Subtotal $1,300.00 7 of 8 Quotation No. 297632-0 Quotation No. 297632-0 Richmond County Tax Steven Kendrick steven.kendrick@augustaga.gov Ref# RGH-GP-83-02242012 Tel: 706-821-2417 Augusta, GA 30901 US Date: 02/25/2014 Expires: 05/26/2014 Contract number(s): ·GS35F0311R exp 02/02/2015 Company information: Technical Communities, Inc. 1111 Bayhill Drive Ste 400 San Bruno, CA 94066 ·Tax Id: 94-3310442 ·D&B: 086438152 ·Cage: 1RPN6 Questions? Ricky Prasad - Technical Communities rprasad@technicalcommunities.com Phone: 650-794-3719 Fax: (650) 624-0535 Attachment number 4 \nPage 7 of 8 Item # 28 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 36.0 Qmatic 213066 8 weeks NEW GS-35F-0311R 132-8 SE 6 Months $1,950.00 $1,170.00 3 $0.00 $3,510.00 Cinematic 1 Media Player Subtotal $3,510.00 Line Description Lead Time Type Contract SIN COO Warranty List price Your price Qty FOB Shipping Subtotal 37.0 Qmatic 99900549 8 weeks NEW OPEN MARKET $0.00 $100.00 3 $0.00 $300.00 99900549 Open Market Item, Non GSA - Audio/Video Connection Hardware for Cinematic TV Option ======= ======== Updated Qmatic Orchestra enterprise system. Infrastructure shared with Utilities Dept and MUST BE PURCHASE AT THE SAME TIME FOR QUOTES TO BE VALID. All sites installed at the same site. Main office plus two new branches TAX OFFICE ONLY. Customer lobby management system for three tax offices plus allowing connection to Utilities dept branch office. (Utilities quoted separately) ALL FOUR SITES TO BE INSTALLED AT THE SAME TIME. GROUP TRAINING. Self check-in desktop kiosk that can also print greeter managed tickets. THE COUNTY WILL PROVIDE THE SQL DB,SERVER AND TV"S. Walk direct option. 924 displays at all service points to direct customers to service counter. TV integration for all Tax office sites. TV's to be supplied by Richmond county Automated voice announcements. Complete installation, training and management reports are included. A project manager site visit is also included to finalize desired configuration. 28 users among 3 Tax sites including managers, and greeter. Categories and matter codes TBD. This QMATIC Orchestra enterprise solution can accommodate other branches and departments that wish to join in. This revision Includes SMS, Web Connector and Calendar modules to allow customized look and development by Richmond County IT staff. Subtotal $300.00 Shipping:$0.00 Tax:$0.00 Total:$97,623.15 Thank You for choosing Technical Communities. To place your credit card order call (650) 794-3717 8 of 8 Quotation No. 297632-0 Quotation No. 297632-0 Richmond County Tax Steven Kendrick steven.kendrick@augustaga.gov Ref# RGH-GP-83-02242012 Tel: 706-821-2417 Augusta, GA 30901 US Date: 02/25/2014 Expires: 05/26/2014 Contract number(s): ·GS35F0311R exp 02/02/2015 Company information: Technical Communities, Inc. 1111 Bayhill Drive Ste 400 San Bruno, CA 94066 ·Tax Id: 94-3310442 ·D&B: 086438152 ·Cage: 1RPN6 Questions? Ricky Prasad - Technical Communities rprasad@technicalcommunities.com Phone: 650-794-3719 Fax: (650) 624-0535 Attachment number 4 \nPage 8 of 8 Item # 28 Commission Meeting Agenda 9/2/2014 2:00 PM Broad Street Bridge over the Augusta Canal, and Broad Street Bridge over Hawks Gully – SA1 Department:Abie L. Ladson, Director Caption:Motion to approve Supplemental Agreement #1 to fund the final design phase in the amount of $138,462.00 to Moreland Altobelli Associates, Inc., for the Broad Street Bridge over the Augusta Canal, and the Broad Street Bridge over Hawks Gully as requested by the AED. (Approved by Engineering Services Committee August 25, 2014) Background:The Broad Street Bridge structures over the Augusta Canal and over Hawks Gully are in need of major repairs and maintenance. They require painting, sidewalk repairs, expansion joint repair, lighting repair, sub-structure and super-structure repair, barrier repair, and restoring the historical significance and aesthetics. In June 2012, Commission approved award of the initial design phases that included concept development, survey, and existing conditions assessment to Moreland Altobelli Associates, Inc. The findings and recommendations of this initial phase warrant additional structural, hydraulic & hydrology, and environmental assessment and development of bridge replacement plans for Hawks Gully Bridge. Analysis:In June 2012, Commission approved the initial design phases of the project that included concept development, survey, environmental documentation and public involvement. The purpose of this item is to move the project from concept to final design and construction. Financial Impact:Funds are available in amount of $122,966.00 in Project TIA funds and 15,496.00 in TIA Discretionary funds. Alternatives:1). Approve Supplemental Agreement #1 to fund the final design phase in the amount of $138,462.00 to Moreland Altobelli Associates, Inc., for the Broad Street Bridge over the Augusta Canal, and the Broad Street Bridge over Hawks Gully as requested by the AED. 2). Do not approve and find alternative to complete the project and meet TIA project completion schedule.Cover Memo Item # 29 Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: Broad St over Augusta Canal ($23,966), Broad St over Hawks Gully ($99,000 +$15,496 TIA Discretionary Funds) REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 29 Attachment number 1 \nPage 1 of 2 Item # 29 Attachment number 1 \nPage 2 of 2 Item # 29 Augusta-Richmond County, Georgia 371-041110-T13041111 BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the following Capital Project Budget is hereby amended: Section 1: The project change is authorized to Broad Street Bridge over the Augusta Canal ($23,966) CPB#371-041110-T13041108 & the Broad Street Bridge over Hawks Gully ($99,000) +($15,496) CPB#371-041110-T13041111 to Moreland Atobelli Associates in the total amount of $138,462.00 to be funded from TIA Project and Discretionary accounts. Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. Special 1% Sales Tax, Phase VI 160,000$ TIA Funds 122,966$ TIA Discretionary 15,496$ 298,462$ 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 Deke Copenhaver, Mayor CAPITAL PROJECT BUDGET BRIDGE REHABILATION & REPAIRS Bid Item 11-134 CPB#371-041110-T13041108 ( Broad Street over the Augusta Canal & Broad Street over Hawks Gully ) 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 5.15.2012 Attachment number 2 \nPage 1 of 2 Item # 29 Augusta-Richmond County, Georgia 371-041110-T13041111 CAPITAL PROJECT BUDGET BRIDGE REHABILATION & REPAIRS Bid Item 11-134 CPB#371-041110-T13041108 CPB AMOUNT CPB NEW SOURCE OF FUNDS CPB ADDITION CPB SPECIAL 1% SALES TAX, PHASE VI 328-041110-6011110-211828012 ($160,000)($160,000) TIA Funds ($122,966) ($122,966) 371-041110-T13041108 & T13041111 TIA Discretionary Funds ($15,496) ($15,496) TOTAL SOURCES: ($160,000) ($138,462) ($298,462) USE OF FUNDS ENGINEERING 328-041110-5212115-211828012 $160,000 $160,000 371-041110-5212115-T13041108/T13041111 $138,462 $138,462 TOTAL USES: $160,000 $138,462 $298,462 5.15.2012 Attachment number 2 \nPage 2 of 2 Item # 29 (SA02 – For changes greater than $20,000) April 2010 AUGUSTA-RICHMOND COUNTY AUGUSTA, GA ENGINEERING DEPARTMENT SUPPLEMENTAL AGREEMENT Augusta Richmond County Project Number(s): 371-041110-T13041108, 371-041110-T13041111 Supplemental Agreement Number: 1 Purchase Order Number: P210089 WHEREAS, We, Moreland Altobelli Associates, Consultant, entered into a contract with Augusta- Richmond County on 6/15/2012, for engineering design services associated with the Broad St. Bridge over the Augusta Canal & Broad St. Bridge over Hawks Gully, Bid #11-134, File Reference No.12-014 (A), and WHEREAS, certain revisions to the design requested by Augusta-Richmond County are not covered by the scope of the original contract, we desire to submit the following Supplemental Agreement to-wit: Broad St. over Augusta Canal, environmental permitting Broad St over hawks Gully, roadway, hydraulic, structural & environmental services It is agreed that as a result of the above described modification the contract amount is increased by $138,462.00 from $159,910.00 to a new total of $298,372.00. Any modifications to submittal dates shall be as identified in the attached proposal. This agreement in no way modifies or changes the original contract of which it becomes a part, except as specifically stated herein. NOW, THEREFORE, We, Moreland Altobelli Associates, Consultant, hereby agree to said Supplemental Agreement consisting of the above mentioned items and prices, and agree that this Supplemental Agreement is hereby made a part of the original contract to be performed under the specifications thereof, and that the original contract is in full force and effect, except insofar as it might be modified by this Supplemental Agreement. This day of , 2014 RECOMMEND FOR APPROVAL: CITY OF AUGUSTA-RICHMOND COUNTY AUGUSTA, GEORGIA Deke Copenhaver, Mayor Approved: Date Approved: Date [ATTACHED CORPORATE SEAL] ATTEST: ATTEST: Title: Title: 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 Attachment number 3 \nPage 1 of 1 Item # 29 Commission Meeting Agenda 9/2/2014 2:00 PM Highland Avenue Resurfacing from Wrightsboro Rd. to Wheeler Rd. 13-200 Change #1 & Change Order 1 Department:Abie L. Ladson, PE., CPESC, Director Caption:Motion to approve Change Number One and Change Order One in the amount of $137,300.00 for Transportation Investment Act (TIA) Project, Highland Avenue Resurfacing from Wrightsboro Rd. to Wheeler Rd., with Blair Construction, Inc. for improvement of cross walk additional work. Funding is available in TIA Discretionary account as requested by AED. (Approved by Engineering Services Committee August 25, 2014) Background:Highland Avenue Resurfacing project (from Wrightsboro Rd to Wheeler Rd) is one of fifty City of Augusta TIA (aka TSPLOST) projects. This is the second project that has been let for construction in Band 1 for the City. There is an existing cross walk within project limits that is in need of improvement. AED determined that it will be cost effective improving this cross walk in combination with road resurfacing work. Analysis:Project is currently under construction. Additional work consists of selected length of sidewalk replacement, curb cut for wheelchair ramp and installation of double sided cross walk push button rapid flasher. Supplemental work is to enhance safety of pedestrian using existing cross walk. Supplementing the additional work with the original contract with Blair Construction, Inc., will allow AED to enhance safety of pedestrian using the in question cross walk. Financial Impact:Funding is in amount of $137,300.00 is available in TIA Discretionary funds Alternatives:1)Approve Change Number One and Change Order One in the amount of $137,300.00 for Transportation Investment Act (TIA) Project, Highland Avenue Resurfacing from Wrightsboro Rd. to Wheeler Rd., with Blair Construction, Inc. , for Improvement of cross walk additional work. Funding is available in TIA Discretionary account as requested by AED. 2)Do not approve, and identify alternate way to complete needed additional work. Cover Memo Item # 30 Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: TIA DISCRETIONARY FUNDS REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 30 Change Order Number: One Date: 07/10/2014 Project Title Highland Avenue Resurfacing from Wrightsboro Road to Wheeler Road Original Contract Date: 12/17/2013 Project Number: 371-041110-T13041119 Owner: Augusta-Richmond County P.O. Number: P242177 Contractor: Blair Construction, Inc. The following change order is hereby made to the proposal for the above project: See Attached TOTAL AMOUNT OF THIS CHANGE ORDER $137,300.00 The Contract time will be Increased /Decreased by 0 calendar days as a result of this change. Original Contract Amount $517,079.90 Previous Change Order (Increased / Decreased) $ 0.00 This Change Order (Increased / Decreased) $ 137,300.00 TOTAL CONTRACT WITH CHANGE ORDER(S) $654,379.90 * * * * * * * * * * * * * Funding Source/Account Number: 371-041110-54.14110/T13041119 Requested By: Date: Contractor Submitted By: Date: Engineering Construction Manager Accepted By: Date: Engineering Department Head Approved By: Date: Mayor 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 Attachment number 1 \nPage 1 of 1 Item # 30 To:Augusta Engineering Department Date: July 10, 2014 Attn: Anthony Taylor 522 Greene Street Augusta, Georgia 30901 Re:Extra Work Requested for: Highland Avenue Resurfacing Project No.Description Unit Price AMOUNT 1 Concrete Sidewalk, 4" Thick (Already In Place)1500 SY $ 56.00 $ 84,000.00 2 Additional 4" Thick Concrete Sidewalk (To be installed at various locations)200 SY $ 80.00 $ 16,000.00 3 Reconstruct Driveway Aprons at 816 Highland Ave.2 EA $ 1,600.00 $ 3,200.00 4 Furnish & Install set of Eltec Pedestrian Solor Powered Cross Walk Flashing Beacon 2 EA $ 17,050.00 $ 34,100.00 TOTAL 137,300.00$ PROPOSAL "Thank You For This Opportunity" Quantity Blair Construction, Inc. Asphalt Paving & Underground Utilities 4308 Evans-to-Locks Rd P.O. Box 770, Evans, Georgia 30809 Phone 706.868.1950 Fax 706.868.1855 Attachment number 2 \nPage 1 of 1 Item # 30 Augusta-Richmond County, Georgia CAPITAL PROJECT BUDGET Highland Avenue Resurfacing from Wrightsboro Rd. to Wheeler Rd. Change Number One Capital Project Budget is hereby authorized: Section 1: This project is authorized to CPB# 371-04110/T13041119. This Change Number One is for Blair Construction, Inc. additoonal funds in the amount of $137,300 to be used Funds are available in the construction budget account numbers: TIA Budgeted account Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. TIA Budgeted $268,841 TIA Discretionary $248,238 TIA Discretionary $137,300 $654,379 Section3: 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 CPB# 371-041110-T1304119 BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the following Honorable Deke Copenhaver, Mayor 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 for the improvement of the Cross Walk additional work. TIA Discretionary account in the amount of $137,300. 1 of 2 11.16.2010 Attachment number 3 \nPage 1 of 2 Item # 30 Augusta-Richmond County, Georgia CAPITAL PROJECT BUDGET Highland Avenue Resurfacing from Wrightsboro Rd. to Wheeler Rd. Change Number One CPB# 371-041110-T1304119 CPB AMOUNT SOURCE OF FUNDS CPB TIA Funds XXXXXXX ($268,841)($268,841) Discretionary Funds XXXXX ($248,238) ($137,300) ($385,538) TOTAL SOURCES:($517,079)($654,379) USE OF FUNDS ROADS xxxxxx $517,079 $137,300 $654,379 TOTAL USES:$517,079 $137,300 $654,379 2 of 2 11.16.2010 Attachment number 3 \nPage 2 of 2 Item # 30 Commission Meeting Agenda 9/2/2014 2:00 PM Improvements to Windsor Spring Road Section IV - Utilities Relocation Cost Reimbursement Agreement w/GDOT Department:Abie L. Ladson, Director Caption:Motion to approve and accept the Resolution and Agreement from GDOT consenting to pay for the relocation of utilities for the Windsor Spring Road Phase IV Improvements Project and authorize Augusta’s Legal Counsels and the Mayor to execute this Resolution and Agreement as requested by AED.(Approved by Engineering Services Committee August 25, 2014) Background:On April 6, 1999 Augusta, Georgia entered into an agreement with GDOT to accept responsibility for the project’s preliminary engineering and relocation of public owned utilities. The project improvements include road widening and construction to 4 lanes with a 19’ wide raised median beginning at Willis Foreman Road to Tobacco Road and reconstruction of the bridge over Spirit Creek. Road ROW Acquisition and Construction are funded by GDOT. Analysis:There are nine (9) utility companies that have facilities within the limits of this project. Six (6) of the companies will relocate their facilities at their own expense in accordance with the Franchise Agreements. Three (3) companies, Georgia Transmission Corporation, Jefferson Energy Cooperative and A T & T Distribution are seeking reimbursement and have provided the proof to support their requests. These costs are the responsibility of Augusta. Georgia. The Engineering Department, GDOT and the Augusta MPO have agreed to a plan that will enable Augusta, Georgia to receive funding from GDOT to pay the cost to relocate these facilities. GDOT has identified $2,272,138 in funds that shall be available to Augusta, Georgia to pay for the relocation of these facilities and the Utility Agreement specifies how the funds will be distributed to Augusta. The current estimated cost to relocate these facilities is $2,102,789.33. Financial Impact:Augusta will receive reimbursement up to $2,272,138.00 for covering cost of Utilities Relocation Cover Memo Item # 31 Alternatives:1) Approve and accept the Resolution and Agreement from GDOT consenting to pay for the relocation of utilities for the Windsor Spring Road Phase IV Improvements Project and authorize Augusta’s Legal Councils and the Mayor to execute this Resolution and Agreement as requested by AED. 2) Do not approve and identify an alternate funding mechanism to pay for relocating these utilities. Recommendation:Approve alternative #1. Funds are Available in the Following Accounts: Funds will supplement SPLOST project 323-04-1110/299823766 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 31 Attachment number 1 \nPage 1 of 6 Item # 31 Account No. - Class: 733005 - 309 Department ID: 4848010000 Program No.: 4181401 STANDARD UTILITY AGREEMENT GDOT Contract ID No.: CSOOUUTL ACTUAL COST UTILITY AGREEMENT – M230 FUNDS REIMBURSEMENT PROJECT No.: STP00-7007-00 (006), Richmond County P.I. No.: 250610- THIS AGREEMENT, made this _____________________________________, by and between the Department of Transportation, an agency of the State of Georgia, hereinafter called the DEPARTMENT, first party, and Augusta-Richmond County, hereinafter called the LOCAL AGENCY, second party; and WITNESS that: WHEREAS, the DEPARTMENT proposes under the above numbered project to widen and reconstruct County Road 65/Windsor Spring Road from Willis Forman Road to Tobacco Road in Richmond County, Georgia with its funds or with funds apportioned to the State by the Federal Highway Administration under Title 23, Highways, of the Code of Federal Regulations (CFR); and WHEREAS, due to the construction of this project, it will become necessary to make certain adjustments to utilize M230 funding for utility reimbursement instead of the LOCAL AGENCY reimbursing the utility owners in accordance with the detailed cost estimate of $ 2,272,138.00 supplied by the utility owners to the LOCAL AGENCY, attached hereto and made a part of this Agreement. The DEPARTMENT shall bear 100.00% or $2,272,138.00, the maximum amount of the M230 Funds, and the LOCAL AGENCY shall bear 00.00% or $0.00; and WHEREAS, said construction being the location and improvement of said road and the utility owners having its facilities presently located upon an easement with rights to install, operate and maintain such facilities on the rights-of-way thereof which were acquired prior to the acquisition of such rights-of-way by the DEPARTMENT; and WHEREAS, the location of said presently existing utility owners facilities and the proposed new location of such facilities are shown on the highway construction plans for this project, a copy of said plans in pertinent part being attached hereto, it is desired that the utility owners will adjust its facilities within the existing easement or move to the new location as shown on said plans and relinquish such existing easement rights as it may have on the present location and accept in lieu thereof the easement rights hereinafter stated in the plans. NOW THEREFORE, in consideration of the premises and the mutual covenants of the parties hereinafter set forth, it is agreed: Attachment number 1 \nPage 2 of 6 Item # 31 ACTUAL COST UTILITY AGREEMENT – M230 FUNDS REIMBURSEMENT 2 1. It is specifically understood that the project number shown above is for the DEPARTMENT'S identification purposes only and may be subject to change by the DEPARTMENT. In the event it becomes necessary for the DEPARTMENT to assign a different project number, the DEPARTMENT shall notify the LOCAL AGENCY of the new project designation. Such change in project designation shall have no effect whatsoever on any of the other terms of this Agreement. 2. The LOCAL AGENCY may submit to the DEPARTMENT monthly bills for the eligible cost of the utility owners relocation work as done by the utility owners during the current month and will submit one final and complete billing of all eligible costs when the relocation work has been completed by the utility owners. If the total amount billed under this Agreement exceeds eighty (80) percent of the amount of the Agreement or $40,000.00, the progress bill must include an itemized statement of charges. 3. The DEPARTMENT shall pay monthly bills promptly upon receipt and verification thereof by the DEPARTMENT. Upon completion of the utility owners relocation work the LOCAL AGENCY shall submit one final bill to the DEPARTMENT and the DEPARTMENT shall make a conditional final payment promptly upon verification of the final bill by the DEPARTMENT. The total liability of the DEPARTMENT shall not exceed the reimbursable cost of the work as ascertained by the M230 Funding. At any time within three (3) years after the date of the conditional final payment the DEPARTMENT may audit the cost records and accounts of the LOCAL AGENCY pertaining to this project and will bill the LOCAL AGENCY any amount of any unallowable expenditure made in the conditional final payment of this Agreement or, if no unallowable expenditure is found, notify the LOCAL AGENCY of that fact in writing. If the LOCAL AGENCY does not pay any such bill within thirty (30) days of receipt of the bill from the DEPARTMENT, the DEPARTMENT may set-off the amount of such bill against the amounts owed the LOCAL AGENCY on any then-current agreement between the LOCAL AGENCY and the DEPARTMENT. For audit purposes, the cost records and accounts of the LOCAL AGENCY pertaining to this project shall be made available to the representatives of the DEPARTMENT or the Federal Highway Administration at the General Office of the LOCAL AGENCY during the progress of the work and for a period of not less than three (3) years from the date conditional final payment has been received by the LOCAL AGENCY. 4. The LOCAL AGENCY expressly agrees that the DEPARTMENT may set-off against the net payments provided for herein an amount equal to that amount which has been identified by either a State or Federal audit as unallowable expenditure in any agreement between the LOCAL AGENCY and the DEPARTMENT on which a conditional final payment has been made. 5. The DEPARTMENT shall not be bound to pay any amount in excess of the M230 funded reimbursable portion of the detailed cost estimate for the utility owners relocation cost attached hereto, nor for any items of work not provided for in the detailed cost estimate. Attachment number 1 \nPage 3 of 6 Item # 31 ACTUAL COST UTILITY AGREEMENT – M230 FUNDS REIMBURSEMENT 3 6. The DEPARTMENT shall not be liable for payment of any bill received more than twelve (12) months after all work under this Agreement is completed unless the LOCAL AGENCY and DEPARTMENT have agreed in advance to an extension of the billing period in writing. Unless an extension of the billing period has been agreed, the DEPARTMENT may consider payment made up to one year following completion of the work to be final. 7. It is mutually agreed that the final cost of any changes orders in the utility owners’ relocation of their facilities not covered by the detailed cost estimate shall be borne by the LOCAL AGENCY. 8. The DEPARTMENT agrees to notify the LOCAL AGENCY when the highway construction contract is awarded and furnish the name of the contractor who will perform the highway work. Further, the reimbursement covered under this Agreement shall be completed no later than the overall completion date as indicated in the construction agreement entered into between the DEPARTMENT and the lowest responsive bidder. The DEPARTMENT will notify the LOCAL AGENCY in writing of this final completion date. 12. It is mutually agreed between the parties hereto that this document shall be deemed to have been executed in the Fulton County, Georgia and that all questions of interpretation and construction shall be governed by the laws of the State of Georgia. 13. The covenants herein contained shall, except as otherwise provided, accrue to the benefit of and be binding upon the successors and assigns of the parties hereto. Attachment number 1 \nPage 4 of 6 Item # 31 ACTUAL COST UTILITY AGREEMENT- M230 FUNDS REIMBURSEMENT 4 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in three counterparts, each to be considered as an original by their authorized representative the day and date hereinabove written. WITNESS AS TO SECOND PARTY: AUGUSTA-RICHMOND COUNTY BY:_____________________________ WITNESS BY:_____________________________ BY:______________________________ NOTARY PUBLIC (SEAL) MAYOR SWORN TO AND SUBSCRIBED BEFORE ME THIS _______ DAY OF _____________, 20_______, My commission expires: Signed on behalf of Augusta- Richmond County pursuant to resolution ATTEST: ************************************ FEIN______________________ BY: ______________________________ ************************************ LENA BONNER, CLERK OF COMMISSION (OFFICIAL LOCAL AGENCY SEAL) __________________________________________________________________________________ RECOMMENDED: ACCEPTED: DEPARTMENT OF TRANSPORTATION BY:_____________________________ STATE UTILITIES ENGINEER BY:______________________________ COMMISSIONER PROJECT No.: STP00-7007-00 (006) Signed, sealed and delivered this ________ COUNTY Richmond day of ____________________, 20______, P.I. No.: 250610- DATE: July 30, 2014 (OFFICIAL SEAL OF THE DEPARTMENT) I attest that the seal imprinted herein is the Official Seal of the DEPARTMENT. BY:______________________________ TREASURER (OFFICIAL CUSTODIAN OF THE SEAL) Attachment number 1 \nPage 5 of 6 Item # 31 ACTUAL COST UTILITY AGREEMENT- M230 FUNDS REIMBURSEMENT 5 RESOLUTION STATE OF GEORGIA RICHMOND COUNTY BE IT RESOLVED by the Mayor and the County Commission, and it is hereby resolved, that the foregoing attached Agreement, relative to project STP00-7007-00 (006), P.I. No. 250610-, Widening and construction of CR 65/Windsor Springs Rd. from Willis Forman Road to Tobacco Road in Richmond County, Georgia and that Deke Copenhaver as Mayor and Lena Bonner, as Clerk of Commission, be and they are, thereby authorized and directed to execute the same for and in behalf of said Mayor and County Commission Of Augusta- Richmond County. Passed and adopted this the _____________ day of __________________, 20___. ATTEST: ___________________________ BY: ______________________________ LENA BONNER, CLERK OF COMMISSION MAYOR STATE OF GEORGIA, AUGUSTA-RICHMOND COUNTY I, Lena Bonner, as Clerk of Commission, do hereby certify that I am custodian of the books and records of the same, and that the above and foregoing copy of the original is now on file in my office, and was passed by the Mayor and County Commission of Augusta-Richmond County. WITNESS my hand and official signature, this the ________ day of _______________, 20_________. BY: __________________________________ CLERK OF COMMISSION Attachment number 1 \nPage 6 of 6 Item # 31 Revised 12/01/2011 GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT AFFIDAVIT Contracting Entity: M230 FUND REIMBURSEMENT Address: STP00-7007-00 (006), PI # 250610- RICHMOND COUNTY Contract No. and Name: AUGUSTA–RICHMOUND COUNTY By executing this affidavit, the undersigned person or entity verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or entity which is contracting with the Georgia Department of Transportation has registered with, is authorized to participate in, and is participating in the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. The undersigned person or entity further agrees that it will continue to use the federal work authorization program throughout the contract period, and it will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the undersigned with the information required by O.C.GA. § 13-10-91(b). The undersigned person or entity further agrees to maintain records of such compliance and provide a copy of each such verification to the Georgia Department of Transportation within five (5) business days after any subcontractor is retained to perform such service. _______________________________________ E-Verify / Company Identification Number _______________________________________ Signature of Authorized Officer or Agent _______________________________________ Date of Authorization _______________________________________ Printed Name of Authorized Officer or Agent _______________________________________ Title of Authorized Officer or Agent _______________________________________ Date SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ DAY OF ______________________, 201_ ________________________________________ [NOTARY SEAL] Notary Public My Commission Expires: ___________________ Attachment number 2 \nPage 1 of 1 Item # 31 Commission Meeting Agenda 9/2/2014 2:00 PM James Brown Blvd. Streetscape Project Phase I Department:Clerk of Commission Caption:Motion to approve Supplemental Agreement and approve contractor Larry Pittman & Associates, Inc. for the James Brown Blvd. Streetscape Project, Phase I. It will encompass the area from Jones Street to Telfair Street and from Walton Way to Barnes Street. New concrete sidewalks will be installed with brick accents at the corner aprons and light poles. All improvements will be ADA compliant. New trees, pedestrian crosswalk striping and trash receptacles will be added. Contract amount $652,132.25.(Approved by Engineering Services Committee August 25, 2014) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 32 Commission Meeting Agenda 9/2/2014 2:00 PM Marks Church Road Improvements Project (Georgia Power Transmission Facility Relocation Agreement Department:Abie L. Ladson, Director Caption:Motion to approve entering into an agreement with Georgia Power, stating that the City of Augusta will pay for the Transmission Facility Relocation Costs on the Marks Church Road Project in accordance with the estimate, totaling $1,639,687.00. Also, approve the Utility Relocation Agreement be executed by the City of Augusta’s Legal Counsels and the Mayor, and approve payment upon completion of the work as requested by Augusta Engineering Department.(Approved by Engineering Services Committee August 25, 2014) Background:The Marks Church Road Reconstruction Project was commission approved and funded in SPLOST V. Marks Church Road is currently a two-lane roadway with road side ditches. The county is proposing to upgrade the existing roadway by constructing three lanes, curb and gutter, an enclosed storm drainage system, sidewalks, to include the Marks Church Road Bridge. Road construction is funded by TIA. Analysis:The Mark Church Road Improvements Project will require that Georgia Power Company relocate some transmission facilities . Augusta will agree to pay the estimated amount of $1,639,687.00. This cost is required to be paid by the City in order to complete needed improvements. Financial Impact:Funds are available in SPLOST Phase V construction account to be transferred to the project utility account 325-041120- 5414510/209825201-5414510 upon Commission approval. Addtional funds in the amount of $195,975 will be allocated from TIA discretionary funds Alternatives:1) Approve entering into an agreement with Georgia Power, stating that the City of Augusta will pay for the Transmission Facility Relocation Costs on the Mark Church Road Project in accordance with the estimate totaling $1,639,687.00. Also, approve the Utility Relocation Agreement to be executed by the City of Augusta Legal Counsel and the Mayor, and approve Cover Memo Item # 33 payment upon completion of the work as requested by Augusta Engineering Department. 2) Do not approve and eliminate the necessity of moving transmission lines and stall or eliminate the project. Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: 325-041120-5414510/209825201-5414510 - 1,443,712 TIA discrestionary funds - $195,975 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 33 Attachment number 1 \nPage 1 of 8 Item # 33 Attachment number 1 \nPage 2 of 8 Item # 33 Attachment number 1 \nPage 3 of 8 Item # 33 Attachment number 1 \nPage 4 of 8 Item # 33 Attachment number 1 \nPage 5 of 8 Item # 33 Attachment number 1 \nPage 6 of 8 Item # 33 Attachment number 1 \nPage 7 of 8 Item # 33 Attachment number 1 \nPage 8 of 8 Item # 33 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 authorized to CPB#325-041120-209825201 for an agreement with Georgia Power for Augusta to pay for the Transmission Facility Relocation Costs in the amount of $1,639,687.00. Also approve the Utility Relocation Agreement to be executed by the City and approve payment upon completion of the work. Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. Special 1% Sales Tax, Phase V 2,500,000$ 2,500,000$ 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 _________________________________________________ Original-Commission Council Office Copy-Engineering Department Copy-Finance Department Copy-Procurement Department CPB#325-041120-209825201 Honorable Deke Copenhaver, Mayor CAPITAL PROJECT BUDGET MARKS CHURCH ROAD RECONSTRUCTION PROJECT CHANGE NUMBER THREE 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 10.24.2011 Attachment number 2 \nPage 1 of 2 Item # 33 Augusta-Richmond County, Georgia CPB#325-041120-209825201 CAPITAL PROJECT BUDGET MARKS CHURCH ROAD RECONSTRUCTION PROJECT CHANGE NUMBER THREE CPB AMOUNT CPB NEW SOURCE OF FUNDS CPB CHANGE CPB SPLOST, PHASE V 325-04-1120-6011110 ($2,500,000)($2,500,000) TOTAL SOURCES: ($2,500,000) ($2,500,000) USE OF FUNDS ENGINEERING 325-04-1120-5212115-209825201 $660,278 $660,278 CONSTRUCTION 325-04-1120-5414110-209825201 $1,839,722 $1,839,722 TOTAL USES:$2,500,000 $0 $2,500,000 2 of 2 10.24.2011 Attachment number 2 \nPage 2 of 2 Item # 33 Commission Meeting Agenda 9/2/2014 2:00 PM Marvin Griffin Road Improvement Project - Atlanta Gas Light Facility Relocation Agreement Department:Abie L. Ladson, Director Caption:Motion to approve entering into an agreement with Atlanta Gas Light Company (AGL), stating that the City of Augusta will pay for the AGL Facility Relocation Costs on the Marvin Griffin Road Project in accordance with the estimate totaling $70,000.00. Also, approve the Utility Relocation Agreement to be executed by the City of Augusta Legal Counsel and the Mayor, and approve payment upon completion of the work as requested by Augusta Engineering Department. (Approved by Engineering Services Committee August 25, 2014) Background:On October 16, 2001, the Augusta Commission approved for this project to be funded from Sales Tax Program. The project will widen the road to four lanes including turn lanes where needed. Analysis:The Marvin Griffin Road Project will require that AGL relocate its Natural Gas Regulation Station along with associated pipelines located in easement owned by the AGL. It requires Augusta, Georgia (City) entering into an agreement with AGL that the City will pay the estimated amount of $70,000.00. This is a cost that is required to be paid by the City to complete needed improvements. Financial Impact:AGL has advised the cost is $70,000.00. Funding is available in the project construction account to be transferred to the project utility account 323-041110-54.14510/296823603-54.14510 Alternatives:1) Approve entering into an agreement with Atlanta Gas Light Company (AGL), stating that the City of Augusta will pay for the AGL Facility Relocation Costs on the Marvin Griffin Road Project in accordance with the estimate totaling $70,000.00. Also, approve the Utility Relocation Agreement to be executed by the City of Augusta Legal Counsel and the Mayor, and approve payment upon completion of the work as requested by Augusta Engineering Department. 2) Do not approve and eliminate the necessity of moving transmission lines and stall or eliminate the project.Cover Memo Item # 34 Recommendation:Approve alternative # 1 Funds are Available in the Following Accounts: 323-041110-5414510/296823603-5414510 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 34 Attachment number 1 \nPage 1 of 6 Item # 34 GAS FACILITY RELOCATION AGREEMENT This Agreement, entered into this __ day of June, 2014, by and between Augusta, Georgia (AKA Augusta-Richmond County), hereinafter referred to as “Owner”, and Atlanta Gas Light Company, hereinafter referred to as “Company”, WITNESSETH: WHEREAS, the Company owns natural gas facilities located in road Right-of-Way (“ROW”) in Richmond County, Georgia and; WHEREAS, OWNER desires to contract with the Company for the relocation of the Company’s natural gas facilities; NOW THEREFORE, in consideration of the mutual benefits to be derived therefrom, it is mutually covenanted and agreed that the Company will relocate its natural gas facilities in accordance with the terms and conditions of this Agreement. 1. The Company agrees to relocate, at Owner’s sole cost and expense, approximately 100 feet of its 4-inch and 100 feet of 6-inch high pressure steel natural gas pipeline and Natural Gas Regulator Station located in an easement owned by Atlanta Gas Light along Marvin Griffin Road in Richmond County, Georgia, as shown as the existing gas facilities (“Existing Gas Facilities”) on the drawing labeled Exhibit “A”, which is attached hereto and incorporated herein (the “Work”). The Company will install its new gas facilities within its newly acquired easements outside the Marvin Griffin Road ROW and within the Marvin Griffin Road ROW shown as the new gas facilities (“Proposed Gas Facilities”) on said plat. 2. After the completion of the Proposed Gas Facilities, the Existing Gas Facilities will be abandoned in place with any above ground facilities removed by the Company. The Proposed Gas Facilities shall be the exclusive property of the Company. 3. The total cost of the Work is estimated to be $70,000, a copy of which estimate is attached hereto, and incorporated into this agreement as Exhibit “B”. 4. Policy prevents the “Owner” from entering into an open ended agreement in which the maximum amount to be paid is unknown. If the actual total cost of the work is more than the estimated cost, the “Company” may submit a request to the “Owner” for the difference between the estimate and the actual total cost or some portion thereof. This request for payment should describe and itemize the cost overrun. Should payment be approved for the cost overrun, it will be paid in a timely manner. Attachment number 1 \nPage 2 of 6 Item # 34 2 5. The Company will order materials and commence the Work upon the receipt of this executed agreement. The Company will proceed with the Work on a schedule determined by the Company, in its sole discretion. 6. Owner will be liable only for personal injury or property damage caused by acts or omissions of its employees in the performance of this Agreement to the extent provided by the Georgia Tort Claim Act (O.C.G.A. 50-21-20 et. seq. Provided, however, that Owner shall not be responsible to defend, indemnify or hold harmless the Company for losses or damages caused by or resulting from the negligence of the Company, its agents or employees. 7. It is understood and agreed by the parties hereto that if any part, term or provision of this Agreement is by the courts held to be illegal, unenforceable, or in conflict with any law of the State where made, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision held to be invalid. 8. This Agreement shall be interpreted, construed and governed by and in accordance with the laws of the State of Georgia. 9. This Agreement shall not be assigned, in whole or in part, without the prior written consent of the Company. The duties, obligations, rights and remedies under this Agreement are in addition to and not in limitation of those otherwise imposed or available by law. 10. The parties hereto agree that the obligations, warranties and representations pursuant to paragraphs 4 and 6 shall survive the termination of this Agreement for any reason. 11. This Agreement constitutes the entire understanding and agreement between the parties and no variations or substitutions shall be made except in writing by the parties or their duly authorized representatives. Attachment number 1 \nPage 3 of 6 Item # 34 3 IN WITNESS WHEREOF, the parties have hereunto executed this Agreement, by having the same signed by their duly authorized representatives, the day and year first above written. ATLANTA GAS LIGHT COMPANY _______________________________ BY: VP of Operations, AGLC WITNESS ____________________________ OWNER BY:_______________________________ NAME:____________________________ TITLE:____________________________ [Corporate Seal] WITNESS ____________________________ Attachment number 1 \nPage 4 of 6 Item # 34 4 Exhibit “A” Attachment number 1 \nPage 5 of 6 Item # 34 5 Exhibit “B” Attachment number 1 \nPage 6 of 6 Item # 34 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 to CPB#323-041110-296823603. This project is for entering into an agreement with Atlanta Gas Light stating that the City of Augusta to pay for the Facility Relocation Costs with an estimate of $70,000. and approve payment upon completion of the work. Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. Special 1% Sales Tax, Phase II 2,091,400$ Special 1% Sales Tax, Phase III 1,375,600$ Augusta Utilities 36,230$ Augusta Utilities 41,000$ 3,544,230$ 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 (S.R. 56 to S.R. 56 Spur) Also approve the Utility Relocation Agreement to be executed by the City CPB#323-041110-296823603 CAPITAL PROJECT BUDGET MARVIN GRIFFIN ROAD CHANGE NUMBER SEVEN 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 Attachment number 2 \nPage 1 of 2 Item # 34 Augusta-Richmond County, Georgia (S.R. 56 to S.R. 56 Spur) CPB#323-041110-296823603 CAPITAL PROJECT BUDGET MARVIN GRIFFIN ROAD CHANGE NUMBER SEVEN CPB AMOUNT CPB NEW SOURCE OF FUNDS CPB ADDITION CPB SPECIAL 1% SALES TAX, PHASE III 323-041110-0000000-000000000 ($1,375,600) ($1,375,600) 322-041110-0000000-000000000 ($2,091,400) ($2,091,400) 507043410-5212115-80900030 ($77,230) ($77,230) TOTAL SOURCES: ($3,544,230) ($3,544,230) USE OF FUNDS ADVERTISING 323-041110-5233119-296823603 $2,000 $2,000 ENGINEERING 323-041110-5212115-296823603 $237,280 $237,280 RIGHT OF WAY 323-041110-5411120-296823603 $150,000 $150,000 RAILROAD PERMIT 323-041110-5414610-296823603 $30,000 $30,000 CONSTRUCTION 323-041110-5414110-296823603 $2,568,464 $2,568,464 AUGUSTA UTILITIES $41,000 $41,000 507043410-5212115-80900030 OTHER FUNDING $36,230 UTILITY RELOCATION 323-041110-5414510-296823603 $515,486 $515,486 TOTAL USES: $3,544,230 $0 $3,544,230 2 of 2 Attachment number 2 \nPage 2 of 2 Item # 34 Commission Meeting Agenda 9/2/2014 2:00 PM Procurement of Replacement Parts for Hypochlorite Generation Equipment Department:Utilities Caption:Motion to approve procurement of Replacement Parts for Hypochlorite Generation Equipment. (Approved by Engineering Services Committee August 25, 2014) Background:Augusta's new and upgraded surface water treatment plants utilize a technology which allows onsite generation of sodium hypochlorite which is used as a replacement for chlorine gas as a disinfectant in drinking water. The system used at our facilities is manufactured by Severn Trent Services. These units require periodic replacement of generation cells due to normal deterioration of the electrodes. The purpose of this procurement is to purchase a replacement cell for one of the units at the Highland Avenue Water Treatment Plant. Analysis:This is a replacement part for an existing piece of equipment which is proprietary in its design and construction. The only source for this procurement is the equipment manufacturer. Financial Impact:$58,405.00 from budgeted funds. Alternatives:No feasible alternatives are available. Recommendation:Approve the sole source procurement of a replacement cell assembly from Severn Trent Services at a cost of $58,405.00. Funds are Available in the Following Accounts: 506043520-5425110 REVIEWED AND APPROVED BY: Finance. Cover Memo Item # 35 Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 35 Attachment number 1 \nPage 1 of 9 Item # 35 Attachment number 1 \nPage 2 of 9 Item # 35 Attachment number 1 \nPage 3 of 9 Item # 35 Attachment number 1 \nPage 4 of 9 Item # 35 Attachment number 1 \nPage 5 of 9 Item # 35 Attachment number 1 \nPage 6 of 9 Item # 35 Attachment number 1 \nPage 7 of 9 Item # 35 Attachment number 1 \nPage 8 of 9 Item # 35 Attachment number 1 \nPage 9 of 9 Item # 35 Commission Meeting Agenda 9/2/2014 2:00 PM Replacement of Payment Processing Vendor and Purchase of Additional Customer Service Billing Software Modules for Utilities Department:Utilities, Tom Wiedmeier Director Caption:Motion to allow Augusta Utilities Department to authorize Systems and Software to proceed with replacement of payment processing vendor and purchase of additional customer service billing software modules.(Approved by Engineering Services Committee August 25, 2014) Background:The Augusta Utilities Department is in the process of an upgrade to its enQuesta Customer Information System (CIS) software with our vendor, Systems & Software. As part of the process of system evaluation for this project, all aspects of the billing software system were extensively reviewed based on the new features and additional options that were available. As a result, AUD is recommending an improvement of conveniences offered to our customers, including a lower convenience fee for paying water bills online. These items we believe are not only going to make our employee’s job easier, but will make the customer experience better, cheaper and much more beneficial. There are three enhancements/additions that we propose: Invoice Cloud – Provider of e-billing and online customer portal and payment processing. Vendor is a partner with Systems & Software and is the sole payment integrator for the enQuesta Go mobile app noted below. We currently offer online customer portals and online payment processing, but with fewer customer advantages and at a higher price. Some of the improvements include: · Lower cost per transaction (see attached analysis) · 24 months of billing and payment history · Payment reminder emails · Bank Check consolidation system · Paperless billing online sign-up · Kiosk and point-of-sale (POS) credit card equipment INovah Cashiering Module – Provides additional features for cashiering including: · All payment transactions in a single database · Experienced interface with Invoice Cloud and enQuesta · POS credit card payments · Multi-payment transactions and automatic check endorsement · Anytime duplicate receipt printing · Completely autonomous payment functionality. When CIS software goes down, we can still record payments that will save and Cover Memo Item # 36 automatically be recorded when CIS comes back up. enQuesta Mobile Go App – Payments processed by Invoice Cloud and providing much of the same functionality as the online customer portal on your smart phone or tablet. Customer will be able to get “push” notifications when bill is available, past due or scheduled for shut-off and can make payment through the app. Also provides AUD with global messaging to mobile app users. Analysis:Invoice Cloud – No initial or annual maintenance cost with estimated annual savings expected of $10,564, as well as a 30% reduction of flow-through transaction fees to customers. We have also been experiencing customer service issues with the current provider. We have testimonials from current enQuesta users that have successfully implemented Invoice Cloud with enQuesta. Based on cost savings for both AUD and our customers, as well as significant improvements in customer service benefits, we feel this change has no downside. INovah Cashiering Module – Estimated initial cost of $137,210, annual maintenance fees of $22,385. This module is from a partner of Systems & Software so standardization is a key factor. We also have testimonials from current enQuesta users that have successfully, seamlessly integrated INovah with enQuesta as well as with Invoice Cloud. We recently lost our CIS software for several hours and our cashiers were forced to take hundreds of payments and issue receipts manually which made the customer experience very difficult and caused considerable extra effort on our part. This module would negate this problem. This option also includes extra customer benefits such as credit card payments at the cashier window and quick processing. Financial Impact:The total cost of this functionality of $157,210 is available in 506043210/5424320 for initial installations and annual maintenance of $33,785 will be budgeted in 506043110/5223110. Alternatives:None that will provide the desired customer service benefit. Recommendation:Allow AUD to authorize Systems and Software, Invoice Cloud and INovah to proceed with replacement of payment processing vendor and purchase of additional CIS Software Modules for Utilities. Funds are Available in the Following Accounts: $157,210 in 506043210/5424320 for initial installations. Annual maintenance of $33,785 in 506043110/5223110. REVIEWED AND APPROVED BY:Cover Memo Item # 36 Finance. Procurement. Utilities Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 36 Invoice Cloud vs Kubra (current vendor) Inv Cloud KUBRA Monthly access fee -$ -$ Transaction fee -$ 0.35$ ACH fee per IVR transaction 0.50$ -$ ACH fee per online transaction 2.95$ 4.25$ CC fee per transaction 2.95$ 4.25$ 2014 Avg Monthly Transactions Trans IVR 2,769 Web ACH 1,530 CC 2,172 Comparison of 2014 fees Jan -May Monthly access fee -$ -$ Transaction fee - 2,264.85 ACH fee per IVR transaction 1,384.50$ -$ ACH fee per online transaction 4,514.68$ 6,504.20$ CC fee per transaction 6,406.22$ 9,229.30$ Avg Cost per Month 12,305.40$ 17,998.35$ Annualized 147,664.80$ 215,980.20$ Pass thru under current procedures (131,050.80)$ (188,802.00)$ Net Annual Cost 16,614.00$ 27,178.20$ Annual Savings 10,564.20$ Attachment number 1 \nPage 1 of 1 Item # 36 June 30, 2014 QUOTATION #56090 Steve Little Augusta Utilities 360Bay St., Ste. 180 Augusta, GA 30901 Dear Steve, This quotation is for the implementation of iNovah2 Enterprise Payments Solution. Systems & Software (S&S) is pleased to present this quotation to Augusta Utilities (Augusta), as requested: Description Investment Schedule and Pricing System Innovators’ iNovah license is based on the Annual Receipt Volume processed by iNovah. The license is an Enterprise License (City Wide) allowing the City to deploy its use throughout all agencies with unlimited concurrent users. This proposal includes all of the services to install and implement iNovah at a single office. As the City deploys additional offices it may elect to do so with its own personnel, or utilize the services of System Innovators’ staff. The services to install and train additional staff beyond the original project scope would be done through additional services and require an additional investment. The following investment schedule was used to derive the investment amount for the citywide cashiering software system. The system is priced as an all-inclusive citywide application with and Annual Receipt Volume of 300,000 receipts; one (1) real-time interface to enQuesta and one (1) export via a flat file batch process for the G/L system. NOTES: This quote does not include personal computers used for the cashiering workstations or the server(s) used for the application. System Innovators defers those purchases to the City of Augusta as the City can use as leverage its buying volume and government status to acquire this hardware at a lower investment. The hardware price does include all new POS hardware for the cashiering workstations. The annual software maintenance entitles the City of Augusta to all new modules, features, and versions of iNovah as they are developed and available for general release. System Innovators assumes the cost of maintaining and converting existing iNovah custom code and configuration data, covered under the software maintenance agreement, for each new release and update. Attachment number 2 \nPage 1 of 6 Item # 36 - 2 - Description Investment Schedule Application Software and Professional Services Application Software & Services Qty Component Description Investment Total iNovah™ APPLICATION SOFTWARE & SERVICES 1 iNovah V2.x Enterprise License (up to 300,000 receipts annually)(1)(2) Real-time Interfaces (inquiry, lookup and update)(6) 1 S&S – enQuesta 1 Partner Discount – S&S (50%) Batch Interface (custom import & exports, FTP updates, etc.)(7) 1 G/L summary update SOFTWARE SUBTOTAL (iNovah and Interface Modules) $55,650 Installation and Training Package (3)(4) 12 0 Project Management 16 Install, Setup and Configure Database 40 Business Process Gap Analysis, Requirements Assessment and Documentation 40 Business Rule Configuration (payments, G/L, tenders, forms, receipts, security) 32 Customizations and Modifications of Reports and Queries 16 Unit and System Testing 16 System Training 16 End-User Training 24 Production Turnover & Post-implementation Support IMPLEMENTATION SUBTOTAL $43,560 5 Travel & Accommodations (estimate) * to be billed as incurred $6,000 Systems and Software enQuesta Integration Services - Cash API configuration, Project Management, Configuration, Testing, Go-live Support $5,000 $104,210 Attachment number 2 \nPage 2 of 6 Item # 36 - 3 - Description Application Support & Maintenance Qty Component Description Investment Total iNovah™ Annual SUPPORT & MAINTENANCE (8) 1 Base iNovah Product and Updates $12,320 1 Real-time interface – enQuesta $1,650 1 Batch interfaces – G/L Summary Update $1,155 1 S&S New Maintenance $15,125 Peripheral Hardware Qty Component Description Component Investment Investment Total iNovah PERIPHERAL HARDWARE 0 TPG A776 Receipt Printer – USB(1) 510 $0 0 Canon CR-50 Check Imager/Scanner with OCR(2) 577 $0 0 ID TECH Triple Track Mag Stripe Reader - USB 55 $0 0 Honeywell 1300G Linear Barcode Reader 187 $0 0 APG Cash Drawer (18 x 16) with locking till (3) 250 $0 Freight F.O.B. Destination - - iNovah Peripheral Hardware Total: $0 Optional Application Software & Services Qty Component Description Component Investment Investment Total iNovah™ APPLICATION SOFTWARE & SERVICES 1 Check21 (Image Cash Letter) Module – Bank TBD $16,500 $16,500 1 PA-DSS Integrated Credit Card Processing Module – Processer TBD $16,500 $16,500 Optional iNovah Application Software & Maintenance Investment: $33,000 Optional Application Support & Maintenance Qty Component Description Component Investment Investment Total Attachment number 2 \nPage 3 of 6 Item # 36 - 4 - Description iNovah™ Annual SUPPORT & MAINTENANCE (8) 1 CC Processor – TBD 3,630 $3,630 1 Check 21 Image Cash Letter – Bank TBD 3,630 $3,630 Optional iNovah Application Software & Maintenance Investment: $7,260 Footnotes – Software & Services (1) iNovah™ is licensed based on the Annual Receipt Volume (the number of receipts processed through the iNovah Payment Portal). This license includes unlimited seats of all modules. All payments (receipts) processed through iNovah are counted regardless of their source or ultimate disposition. Annual receipt volume – 300,000 (2) Organizations may share their iNovah license with multiple departments and other organizations, provided that they share one installation (common consolidated payment database). Departments within one organization may share a single contract with separately priced installations. (3) The Installation & Training investment includes the following services. • Project Management • On-Site Assessment Trip • Requirements Documentation (Deliverable) • On-Site System Overview (1 day) • On-Site System Training (2 days) • On-Site End-User Training (1 day, ½ day per class) • On-Site Go-Live Support (2 days of on-site assistance) (4) Professional services associated with software customization requirements not previously defined are not included. (5) This fee includes travel & accommodation expenses incurred by System Innovators personnel as part of the implementation. Actual Travel & Accommodation expenses will be billed monthly as they are incurred. (6) This fee includes professional services to document, customize and test the first interactive interface (inquiry, lookup and update). All interfaces to iNovah are written using an open XML architecture. (7) This fee includes professional services to document, customize and test user defined import and export files. Data may be exported via custom formats or using the standard export features of iNovah at no additional cost. Attachment number 2 \nPage 4 of 6 Item # 36 - 5 - Description (8) The support and maintenance investment for application interfaces applies only to those interfaces written and maintained by System Innovators. Support fees for interfaces include modifying interfaces to comply with changes forced by legislation or system upgrade. Footnotes - Hardware (1) The TPG A776 includes 1 ribbon, 1 roll of paper, power supply and a USB interface cable. This printer uses thermal technology to print receipts. The printer uses impact (dot matrix) technology for slip and validation printing. When used with at the counter in conjunction with an imaging device, the client has the option of including images of bill stubs, coupons, checks, money orders, etc on the customer’s receipt. (2) The Canon CR-50 includes a power supply, USB interface cable and supporting software drivers. This device is capable of capturing images of the front and back of bill stubs and checks accepted at the counter. Those images may be reviewed on the server within the iNovah application. (3) The APG Cash Drawer includes removable locking cash till and associated cable to connect to the receipt printer for automatic opening. QUOTATION #56090 Acceptance may be indicated by signing as shown below: Accepted by: Date: • Services will be scheduled once signed documents are received by S&S. • Payment Terms are as outlined below and do not include optional Application Support & Maintenance: o Signing - $35,000 o Deployment to train – $34,605 o Go-Live - $34,605 • SI Travel will be billed as incurred • No S&S Travel, all services will be completed from the Williston, VT location. • New Maintenance will be billed a prorated amount at go-live. • This Proposal is valid for 30 days. Systems & Software appreciates the opportunity to be of continued service. Attachment number 2 \nPage 5 of 6 Item # 36 - 6 - Please sign, date, and return an original, electronic or faxed copy of this document, to Systems & Software, fax 802-865-1171 Attention: Shannon Litchfield. Thank you. Sincerely, Shannon Litchfield Account Manager Attachment number 2 \nPage 6 of 6 Item # 36 April 23, 2014 Quote # 57233 Steve Little Augusta Utilities 360Bay St., Ste. 180 Augusta, GA 30901 Dear Steve, This quote is for services required enQuesta GO for Augusta as requested, and tracked in TTP 57233. Systems & Software (S&S) is pleased to present this proposal to Augusta Utilities: Line Item Augusta would like to offer their WebConnect end users the additional convenience of a downloadable application (APP) for smart phones and tablets. Scope: S&S will provide a mobile application (iPhone, iPad and Android) for use by Augusta’s customer base as an extension of a subset of WebConnect functionality. Augusta will receive the latest v1.1 release with the following features included. iOS app will target iOS 6.1 or above • Android will target Android 3.2.2 or above • Apps will be branded with Augusta ’s Look/Feel (S&S will build UI with Augusta ’s direction) • The app can leverage pre-registered WebConnect user credentials • Customers have an option to register for an account from the app. • The app will present multiple enQuesta accounts tied to WebConnect accounts (as in desktop version) • Apple/Droid “marketplace/stores” will present N. Harris Computer Corporation as the developer of the mobile app o Augusta will review marketing verbiage for app descriptions to be displayed in each of the respective stores (Google Play Market Place, iOS App Store). o Augusta will provide test accounts both test and production environments for screenshots required by the download stores • “Make Payment” buttons – each enQuesta account tied to a WebConnect account will have a “Make Payment” button o Make Payment will launch the mobile version Invoice Clouds make payment screens. • Social Media: the app will support following Augusta ’s Twitter feed and Facebook page (if applicable) Attachment number 3 \nPage 1 of 4 Item # 36 • Augusta will provide S&S RD access to WebConnect server to install ESB for required ports for communication between WebConnect/enQuesta/and Go • The following WebConnect functionality is supported: o View Summary: Service Address and Web Connect email Amount Billed Amount Pending Amount Due o Rate Description o Reading / Usage Chart Meter # Current Reading Previous Reading Consumption Reading Date Previous Date Consumption Graph o Payment History o Update Mailing Address o Billing History with Past Bill Viewing o Ebilling Enrollment/Update o Custom Links 3 for the login page • Push Notifications – S&S will work with Augusta to create push notifications for the following scenarios based on the enQuesta setup: o “Bill is Ready” o “Account Is Past Due” (Notices) o “Imminent Shut off” (Notices or work order) o “Global Message” to all mobile users Push Notifications are ‘fire/forget’: this version does not support enQuesta acknowledgment of opened / delivered notifications If the user’s device is set to accept notifications, AUGUSTA alerts will be delivered to signed-in accounts: this version does not support subscribe/unsubscribe profile updates Augusta is required to test and sign-off for Push notification criteria prior to live. • A new merchant’s agreement for Mobile App payment processing Mobile payments will be complete with Invoice Cloud and Augusta. Invoice Cloud pricing will be applicable. All work to be performed remotely from S&S offices in Williston, VT. Attachment number 3 \nPage 2 of 4 Item # 36 Quote #57233 Acceptance may be indicated by signing as shown below: Accepted by: Date: Pricing Detail One Time Fees Price Maintenance WebConnect Mobile $15,000 NA Services $5,000 Total One Time Fees $20,000 Monthly Fees Monthly Unlimited Messaging fees (Push Notifications) $500 Monthly Hosting Fees $450 Annual Fees $11,400 Terms & Conditions: 1. Services will be scheduled once signed quote is received by S&S. 2. This Quotation is valid for 30 days. 3. This Quotation is written under the guidelines set out in Attachment A to the Systems & Software Annual Support and Maintenance Contract. 4. Payment Terms are: Description Amount Due Contract Signing $10,000 Contract Signing Deployment to Train $10,000 Test App Download Delivered Annual Fees $11,400 *Go-Live: pro-rated *The go-live event is when the SmartApp is available in both the Apple App store and Android Play. Attachment number 3 \nPage 3 of 4 Item # 36 Systems & Software appreciates the opportunity to be of continued service. Please sign, date, and return an original or faxed copy of this document, to Systems & Software, fax 802-865-1171, Attention: Shannon Litchfield. Thank you. Sincerely, Shannon Litchfield Account Manager Attachment number 3 \nPage 4 of 4 Item # 36 1 Invoice Cloud Confidential B b The Next Generation of Online Experience 08/08/14 - Revised Augusta Utilities Attachment number 4 \nPage 1 of 34 Item # 36 2 The Invoice Cloud Platform Invoice Cloud has extensive experience integrating with the S&S enQuesta platform. This is a critical component of providing an effective and easy to use e-billing and online payment service. Augusta Utilities and its customers would receive the following benefits from implementing Invoice Cloud: ONE Point Access - Extensive customer portal to view and/or pay bills: View 24 months of billing and payment history Store bank account and/or credit card information on the Invoice Cloud secure site Sign up for auto-pay, schedule a single payment, or create their own ‘budget’ payment schedule Payers can view payment history online, even if their payments were made in cash at the window because we synchronize with the billing software. Improves their ability to provide services 24/7 Improve communications with payers by offering a comprehensive e-payment platform through our 22 e-mail templates: Invoice Cloud provides 22 e-mail templates branded as the biller, each sent to their payers based on certain events. Here are a few examples: o 3 e-mail reminders per bill (crucial for driving e-adoption—online payments and paperless) o Payment confirmation receipt o Auto-Pay/Scheduled payment reminder o Credit Card expiration notification (if the credit card on file is expiring) Accept payments in any manner--online, over the counter, mobile, IVR, check consolidators-- through a single provider Single source for real time credit card processing through every channel Check consolidation system automatically matches to open invoices Using Invoice Cloud will give you a single source of reconciliation on the back end for all invoice and payment types Significantly improve e-adoption rates to decrease administrative burden= cost savings We strive for 30% + adoption rates with our monthly billers Offer a comprehensive, self-service paperless program 20% +customers on paperless will save you significant money Harris GO MOBILE App Invoice Cloud is tightly integrated with the Harris GO MOBILE APP and was selected to be the sole payment integrator for this Integrated KIOSK – We offer an integrated KIOSK solution for automated payments in your office or at remote locations. Access to extensive administrative features: Extensive reconciliation reporting E-mail and an exact copy of the bill anytime See e-mail history for all payers Attachment number 4 \nPage 2 of 34 Item # 36 3 Significantly improve e-adoption adoption rates to decrease administrative burden = cost savings As an example, in their first year on Invoice Cloud, SEMCO Energy increased online payments by 14% year over year, coming off the Kubra platform Offer a comprehensive, self-service paperless program In six (6) months on Invoice Cloud platform, SEMCO Energy increased paperless enrollment by 26% (5,000 new paperless customers in 6 months, previously had 17,000 total after many years using KUBRA) Access to extensive administrative features: CSR can log-in as the customer to help them make a payment over the phone E-mail and an exact copy of the bill anytime See e-mail history for all payers (sent, received, read) Block online payments from specific users Extensive reconciliation reporting Attachment number 4 \nPage 3 of 34 Item # 36 4 Case Study: SEMCO Energy Gas Company moved onto the Invoice Cloud EBPP platform in February 2013. Prior to switching, SEMCO had utilized a different EBPP provider for 5 years. Below outlines the goals of the switch and the results SEMCO has enjoyed Objectives of switching to the Invoice Cloud: Unification of the customer experience for online bill presentment, payment, paperless enrollment Onetime Payments without need for registration A no cost upgrade to an existing EBPP solution that will drive higher adoption Access to improved reconciliation and reporting tools Partner with a company known for its exceptional customer service Decrease costs Implement a state-of-the-art solution with a real-time integration to their billing platform, providing enhanced functionality to payers and staff Results: Addition of onetime pay option has helped drive adoption up over 15% Invoice Cloud’s real-time data pump updates billing software in real time Increased online payment volume=decreased work for staff Significantly increased paperless billing enrollment=cost savings The user friendly biller portal has saved the SEMCO staff significant time and money, while allowing the CSR team to provide improved support Invoice Cloud’s reconciliation, reporting, and data mining tools have proved to be more comprehensive and easier to use Customer Service has greatly improved: E-Mail Message to Bob Bennett (Invoice Cloud CEO): “I just wanted to let you know what a great team you have working for you. Especially Kelton, he Attachment number 4 \nPage 4 of 34 Item # 36 5 has worked hard on getting all of our issues/enhancements done for us. I appreciate all his hard work! ” -Liana Murawksi, Customer Service Manager, SEMCO Energy, MI In just 12 months on the Invoice Cloud platform, Invoice Cloud’s service has increased online payments by >14% In the first 6 months on Invoice Cloud, SEMCO increased their paperless customers by over 4,500 customers (26% increase) o Monthly savings of over $3,500.00 in print and mail costs alone o The comprehensive e-mail reminder system, multiple payment options, and easy to use interface are the primary reasons for the improvement SEMCO Online Payments—1st Year on Invoice Cloud EBPP Platform 15% Increase Attachment number 4 \nPage 5 of 34 Item # 36 6 The following pages are a walkthrough of the Invoice Cloud service using screenshots from SEMCO Energy, as well as other Invoice Cloud utility customers Attachment number 4 \nPage 6 of 34 Item # 36 7 For the payer, the process starts by accessing Invoice Cloud through an e-mail reminder, or logging onto the biller’s website and navigating to the online payments page: Sample Email Notification • Automated email notification: When a new invoice is uploaded to Invoice Cloud and the payer has an email address on file, a ‘1st reminder’ email will be sent to the payer. The payer can access the invoice or make a payment directly from the email by clicking on the ‘View Invoice or Pay Now’ button o Message simple to customize and can be changed by the biller any time through e-mail editor tool • The Biller’s website: Payer can also navigate to the Invoice Cloud and look-up a bill based on account #, last name (criteria for locating a bill is determined by the biller) Attachment number 4 \nPage 7 of 34 Item # 36 8 Landing Page from E-Mail By clicking the ‘View Invoice or Pay Now’ button from the e-mail branded as Augusta (upper right hand corner, previous screen shot), the payer is directed to the secure Invoice Cloud landing page that gives them the option to Register/Sign-In or just do a ‘One Time Payment,’ no registration required Once a payer makes a payment through Invoice Cloud, we capture their e-mail address. This allows for us to communicate with them on your behalf: o Send a confirmation receipt o Send e-mail reminders next time a bill goes out; sending 2nd and 3rd e-mail reminders to those who have not yet paid, and only to those who have not yet paid. This is part of what allows Invoice Cloud to achieve industry high numbers for online payment adoption and ‘paperless’ billing adoption Attachment number 4 \nPage 8 of 34 Item # 36 9 Example Biller Web Site (SEMCO Energy Gas Company) If a payer chooses to find the invoice through the biller’s website, the payer will enter the Invoice Cloud Virtual Page by clicking the ‘Make a Payment’ button. Attachment number 4 \nPage 9 of 34 Item # 36 10 Invoice Cloud Access through S&S enQuesta Web Connect Access to Invoice Cloud through S&S Web Connect When Invoice Cloud integrates with S&S, the payer will have a 3rd option for accessing the Invoice Cloud customer portal: 1) Through the Augusta Website 2) Link from an e-mail notification 3) Through the S&S Enquesta Web Portal: Invoice Cloud’s deep integration with Systems & Software allows for single sign on access to Invoice Cloud through the EnQuesta Web portal. Clicking ‘make a payment’ will bring the payer to the Invoice Cloud website Attachment number 4 \nPage 10 of 34 Item # 36 11 One Time Pay After selecting ‘one-time pay’, the payer will be asked to search for their bill based on their account information. The biller can choose the fields required to locate a bill SEMCO Energy chose account # and billing street name as the required fields Attachment number 4 \nPage 11 of 34 Item # 36 12 Web Based Search Page – Example of Search Results The search results will display 24 months of history: The example above shows a ‘View/Pay’ button for the outstanding invoices and a ‘View Only’ button for paid invoices Note: there are 2 columns with a dollar amount: o Bill Total: this is the original amount of the bill o Balance Due: Reflects interest/penalties if the payment is late (accumulated daily) or a partial payment. This is the current outstanding balance Attachment number 4 \nPage 12 of 34 Item # 36 13 Viewing of Payment Screen Once the invoice is selected, the payer has the option to: • View or print invoice (broken out by line-item if applicable) • Pay Now – Payer has the option to make a one-time payment. Payment information such as EFT banking information (account number and routing number) and credit card information (account number) is not saved for future use. • Register to Pay Online – Payer will get access to the customer portal for online payment, invoice and payment history, scheduled payments, and auto-payment. Payer can store payment information for future use as well as take advantage of many other features. Attachment number 4 \nPage 13 of 34 Item # 36 14 One Time Pay Option – NO Registration The payer will then be asked to select a payment method. The payer can pay with credit card or e-check (electronic check). A confirmation receipt will be sent after the transaction has been completed Note: the ‘Cardholder Name’ and address fields are pre-populated for the payer already. This is another example of why Invoice Cloud achieves industry high e-adoption rates. Making the payment experience as simple as possible for the payer by limiting key-strokes increases use of the service Attachment number 4 \nPage 14 of 34 Item # 36 15 Payment Confirmation and Paperless Enrollment The final step asks the payer to verify their payment information and prompts for ‘paperless’ sign up. Prompting the payer to sign up for ‘paperless’ each time a payment is made works to increase participation, and ultimately save our billers money. Paperless enrollment is described below, the process is 100% self service between Invoice Cloud and the payer. Attachment number 4 \nPage 15 of 34 Item # 36 16 The Paperless Enrollment Process: A payer may elect to go paperless in lieu of a paper bill. This round trip process starts with the payer electing to go paperless through the registration process or in the profile at any point, followed by an email to the payer requiring the payer to read the paperless terms and conditions and verify by clicking the ‘Complete Registration’ button (see below). The confirmation is then sent to the Invoice Cloud platform to complete the registration. The payer will be enrolled in the paperless process for the next bill run and has the option to re-enroll to receive paper bills at any time by changing his/her profile. Invoice Cloud has developed an automated process to remove the paperless payers from the printing list, so that only the people that have not elected to go paperless will receive paper bills. Attachment number 4 \nPage 16 of 34 Item # 36 Invoice Cloud Confidential 17 Registered User Customer Portal – View or Pay Open Invoices The following screenshots review the experience of an Invoice Cloud payer who has registered to take advantage of additional features The example on this page shows open invoices. The payer can view all open invoices and select to pay together or individually. o Because Invoice Cloud has a tight integration to the billing software, all off-line history is also kept and available for the payer Attachment number 4 \nPage 17 of 34 Item # 36 Invoice Cloud Confidential 18 Customer Portal - Scheduled Payment Screens The example above is of scheduling a single payment. The payer selects a payment date and can either select saved payment data, or add a new bank account or credit card account for payment. The payer may store multiple bank accounts or credit cards and split a payment amongst them if they choose. Attachment number 4 \nPage 18 of 34 Item # 36 Invoice Cloud Confidential 19 Scheduled Payment/Auto-Pay Reminders Payers feel much more comfortable scheduling payments and signing up for ‘auto-pay’ when they know they will receive an e-mail reminder a few days before their account is drafted. This ensures the payer isn’t worried about over-drafting . This cuts down on ACH rejects and significantly increases use of the system. Attachment number 4 \nPage 19 of 34 Item # 36 Invoice Cloud Confidential 20 Email Payment Notification-Example- A payment receipt is sent immediately to a payer’s email address after a payment is made. The biller can insert marketing messages or a web link to communicate a message to the payer. Attachment number 4 \nPage 20 of 34 Item # 36 21 IC Confidential Auto-Pay When payer opts in for auto-pay, an email is sent notifying the payer of the successful enrollment. The e-mail reminder provides all of the terms and conditions. Attachment number 4 \nPage 21 of 34 Item # 36 22 IC Confidential Harris GO App Harris GO Application Invoice Cloud is the exclusive provider for the Harris GO App and has completed its integration, making it available today! Attachment number 4 \nPage 22 of 34 Item # 36 23 IC Confidential Attachment number 4 \nPage 23 of 34 Item # 36 24 IC Confidential Online Bank Direct IC Online Bank Direct™ IC Online Bank Direct eliminates paper checks issued by online banking sites. The biller will be able to register through Invoice Cloud with online banking networks to electronically deposit citizen payments. Electronically depositing these payments will save biller staff time and effort. They will no longer need to manually compare citizen names and amounts to the bank issued checks and then enter them into the appropriate citizen file. They will also not need to send them to the bank for processing and deposit. The IC Bank Direct electronic payments (like lock box files) are matched (when possible) to the payer’s account, processed and uploaded into the biller’s customer information management system. Attachment number 4 \nPage 24 of 34 Item # 36 25 IC Confidential QR Code Integration Printed QR Codes With the Invoice Cloud QR Code integration, when a QR code printed on the customer’s bill is scanned with a smart phone, the customer is taken directly to the Invoice Cloud landing page where they can login, view their bill or make a onetime payment with their data pre-populated. Attachment number 4 \nPage 25 of 34 Item # 36 Invoice Cloud Confidential 26 IC Confidential Biller Portal: Invoice Cloud’s Biller Portal offers extensive reporting tools for reconciliation and data mining, making life easier for our billers Biller Portal-- Data Management: In the Data Management area the biller can search by invoice (all or outstanding only) or customer. In addition, reports can be generated for any data required including auto-pay registrations, paperless, EFT/ACH rejects, payment history and view scheduled payments, just to name a few. Below is an example of a paperless report. Reports are date and invoice type driven. Reports can be exported to Excel if desired. Attachment number 4 \nPage 26 of 34 Item # 36 Invoice Cloud Confidential 27 IC Confidential Biller Portal-- Data Pump: 24 Invoice Cloud’s real-time integration with S&S confirms with the EnQuesta back end that every payment has been received so there are no missed transactions or duplicate transactions Attachment number 4 \nPage 27 of 34 Item # 36 28 Invoice Cloud Confidential IC Confidential The screen shot above is an example of the search invoice option. The invoice amount, amount due and email status (messages included in the box) are shown above. By clicking the envelope on the far right an electronic invoice will be sent to the payer. The biller can view the actual invoice by clicking the magnifying glass or PDF. Below are the categories that can be viewed and modified by clicking on the customer update icon. Attachment number 4 \nPage 28 of 34 Item # 36 Invoice Cloud Confidential 29 The picture above shows some of the options available to the biller within the customer profile. The screen below displays the conveyance feature when a piece of property changes hands. Attachment number 4 \nPage 29 of 34 Item # 36 Invoice Cloud Confidential 30 Biller Portal - Search Invoices The biller can search for invoices by customer, invoice, account number, date range Attachment number 4 \nPage 30 of 34 Item # 36 Invoice Cloud Confidential 31 Biller Portal – Deposit Reconciliation Invoice Cloud provides in-depth reconciliation reporting that matches the bank statement to the penny. Drilling into a specific day will provide line item detail. Attachment number 4 \nPage 31 of 34 Item # 36 Invoice Cloud Confidential 32 Biller Portal – Portal Customization In the Portal Customization area, the biller uses a word processor type editor to easily and rapidly modify email notification templates. The customer portal and email images can be modified by the biller at any time Attachment number 4 \nPage 32 of 34 Item # 36 33 Biller Portal – Utilities (Permissions Management) In the Utilities section, the biller can manage the permissions of other users under the biller account (ex. Front Desk, Customer Service, IT) as shown above. The screen below displays the email recipient management. Attachment number 4 \nPage 33 of 34 Item # 36 34 Financial Summary Augusta Utilities - Service Fee Model Account Access Fee Monthly Access Fee for Branded Customer and Biller Portal -- includes UNLIMITED administrative users: The monthly access fee covers maintenance, support, and full access to the Invoice Cloud service for Augusta and it’s customers $0.00 Waived e-Billing – Electronic Notification and Presentment Unlimited email notification, including First, Second and Third notifications and presentment of 24 Months of online bills $0.00 Paperless - Existing Program Paperless e-Billing Fees – fee per paperless bill, per bill cycle - ONLY WHEN CUSTOMER ELECTS TO GO PAPERLESS, THE PAPER INVOICE IS SUPPRESSED AND NOT MAILED. Just like today, charge is to Augusta per suppressed bill. $.25 Integration, Initial Deployment, and Training Integration, deployment, and training Note, includes integration with the S&S WebConnect and enQuesta and billing platform. $0.00 Online Bank Direct – Online Bank Payment Consolidation Per Transaction Fee $.25 Electronic Payment Fees—Includes Phone, Web , and GO App E-Check/ACH - Phone/Web/Harris GO App $2.95 per transaction Paid by Payer E-Check/ACH - IVR $.50 Paid by Augusta Utilities Credit/Debit Cards: Phone/Web/Harris GO App Visa, MasterCard and Discover and AMEX* *$500.00 maximum payment cap $2.95 per transaction Paid by Payer Customer Service/ Support Included in Monthly Access Fee $0 Other Merchant Services Fees ACH Reject Fee $15.00 per reject Attachment number 4 \nPage 34 of 34 Item # 36 Page | 1 The complete Biller Order Form includes the Biller Agreement Terms and Conditions Version 7 Biller Order Form Sales Information Services Products Biller Information Software Partner: Systems and Software Invoice Presentment IVR Fed Tax ID: 58-2204274 Invoice Cloud Sales Partner: ACH (EFT) Processing Check21 Organization Start Date: 1735 Invoice Cloud Sales Contact: Sam Evrard Credit/Debit Card Processing Online Bank Direct Web Site URL: http://www.augustaga.gov/699/Utilities GENERAL INFORMATION Ownership Type: Government CUSTOMER SERVICE / TRAINING CONTACT TECHNICAL SUPPORT MARKETING CONTACT Legal Name: City of Augusta Note: This name will have to match on ALL documents Contact: Steven Little Contact: Melissa Roberts Contact: Steven Little Address 1: 530 Green Street Phone: 706-312-4124 Phone: (706) 821-1745 Phone: 706-312-4124 Address 2: Email: slittle@augustaga.gov Email: Roberts@augustaga.gov Email: slittle@augustaga.gov City: Augusta State: GA Zip: 30901 Name of Paperwork Signer: Deke S. Copenhaver Signer Title: Mayor Notes: ACH and Credit Card service fee for online payments. ACH only for IVR, absorbed by Augusta. Signer Phone: 706-312-4124 Signer Email: slittle@augustaga.gov Note: Signer must sign ALL documents PRICING Biller Portal Access Fee $ 00.00 Monthly (waived) IC Payment Transaction Fee – EFT (biller not payer pays the transaction fee) $0.00 Per Transaction Additional Biller Portal Access Fee $0.00 Monthly Quantity IC Payment Transaction Fee - Check 21 $ Per Transaction Paperless Presentment (Includes 3 emails) $ 0.25 Per paperless invoice (NOT for e-bills, only when paper is suppressed) Check Reader Quantity (Optional) $50.00 Monthly $0.25 Per Transaction Additional Email Presentment $ Per Presentment Online Bank Direct Access Fee (Optional) $50.00 per month Monthly Presentment Fee $ Monthly Online Bank Direct Transaction Fee (Optional) $0.25 per transaction ACH Reject Fee $15.00 Per Transaction Implementation Fees $0.00 BILLER BANK (MUST INCLUDE VOIDED BUSINESS CHECK OR BANK LETTER FOR EACH ACCOUNT) Name of Checking Account (As it appears on check or Bank Letter): Augusta (Rich Cty) Consolidated Gov Bank Name: GA BANK & TRUST CO OF AUGUSTA Physical Address: 3530 Wheeler Road, Augusta, GA 30909 Phone: 706-738-6990 Depository Your Invoice payment collections will be electronically deposited into this account. Routing # 061104314 Account # 201002868 Fees Your Invoice and payment processing fees will be electronically deducted from this account. Routing # 061104314 Account # 201002868 Attachment number 5 \nPage 1 of 3 Item # 36 Page | 2 The complete Biller Order Form includes the Biller Agreement Terms and Conditions Version 7 CERTIFICATION AND AGREEMENT A. By signing below, the Biller hereby authorizes Invoice Cloud, Inc. (“Invoice Cloud”) to initiate and execute debit/credit entries to its checking/deposit account(s) indicated above at the depository financial institution(s) named above and to debit/credit the same such account(s). The Biller acknowledges that the origination of ACH transactions to its account(s) must comply with the provisions of U.S. law. This authority is to remain in full force and effect until (i) Invoice Cloud has received written notification (by electronic or U.S. mail) from the Biller of its revocation in such time and manner as to allow Invoice Cloud a reasonable opportunity to act on it, but not less than 10 business days notice; and (ii) all obligations of the Biller to Invoice Cloud that have arisen under this Agreement and all other agreements have been paid in full. The Biller must also notify Invoice Cloud, in writing, (by electronic or U.S. mail) when a change in account number(s) or bank has occurred at which time this authorization shall apply to such new/changed account. This notification must be received within 10 business days of change. A fee will be charged for any returned ACH debits. B. By signing below, the Biller named: (1) has read, agreed to, and acknowledges receipt of the terms and conditions of the Biller Agreement, attached hereto, as well as the terms and conditions at www.invoicecloud.com/termsandconditions, all of which is incorporated herein by reference (2) certifies to Invoice Cloud that he/she is authorized to sign this Biller Order Form; (3) certifies that all information and documents submitted in connection with this Order Form are true and complete; (4) authorizes Invoice Cloud or its agent to verify any of the information given, including credit references, and to obtain credit; (5) agrees to pay the Monthly Access Fee through the last day of the month following the effective date of termination as provided in the Billing Agreement; (6) agrees that Biller and each transaction submitted will be bound by the Biller Order Form and the Biller Agreement in its entirety; (7) agrees that Biller will submit transactions only in accordance with the information in this Biller Order Form and Biller Agreement and will immediately inform Invoice Cloud, by email (contracts@invoicecloud.com) if any information in this Biller Order Form changes. The terms and conditions and this Biller Order Form, the Biller Agreement and the terms and conditions at www.invoicecloud.com/termsandconditions constitute the entire integrated Biller Agreement by and between Biller and Invoice Cloud. If any provision of this agreement hereunder is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. and (8) the Biller agrees and understands that outstanding sums due and owing to Invoice Cloud., will be charged daily or monthly and debited from its current depository account. Non-sufficient funds for these debits are grounds for a change in fees or termination of this Agreement. In the event of non-payment of any sums due, Invoice Cloud reserves the right to withdraw such sums from the current depository account at any time to ensure payment of the same. C. By signing below, the Biller hereby gives permission to Invoice Cloud to access his / her credit history via Trans Union, Equifax, or other credit-reporting agency D. The Biller Order Form and the Biller Agreement will become effective only when counter-signed by Invoice Cloud and upon execution by the Biller of such third party agreement required by Invoice Cloud to permit use of the payment function of the Service. In WITNESS WHEREOF, the parties hereto have executed this Agreement as of this day Biller Signature X Accepted by Invoice Cloud: Corporate Officer X _______________________________ Print Name Title Attachment number 5 \nPage 2 of 3 Item # 36 Page | 3 The complete Biller Order Form includes the Biller Agreement Terms and Conditions Version 7 SERVICE FEE PRICING (Please check if service fee will be charged to the payer or the fees are paid by the Biller) Credit Card (non-utility) Service Fee paid by payer 2.95% Paid by the Biller Interchange, fees, dues, assessments + auth + plus 75 BPS --- ------------------------------------------------------------------------With a $1.95 Minimum Credit Card (utility) (no Visa) Service Fee paid by payer 2.95% Paid by the Biller Interchange, fees, dues, assessments +auth + plus 75 BPS --- -------------------------------------------------------------------- ----With a $1.95 Minimum ACH (Electronic Check) WEB Service Fee paid by payer $2.95 ACH (Electronic Check) IVR Service Fee paid by payer $2.95 Paid by the Biller $0.50 Flex Pay ACH Service Fee paid by payer $0. 95 Paid by the Biller $0.85 Flat Rate Credit Card Utility Service Fee (utilities taking VISA, charging convenience fee to payer): $ 2.95 Max Cap for Credit Cards : $500.00 IVR Transaction Fees Service Fee paid by payer Service Fee + $1.95 Paid by the Biller $1.95 plus fees above INVOICING PARAMETERS ( An Invoicing Parameter Sheet needs to be completed for every invoice type) Today’s Date: 08/13/2014 Submitter Non-Submitter Information provided by: Sam Evrard Invoice Type: Water Type of IC Service: EBPP Cloud Store Cloud Pay Credit Card Payment Methods: Visa MC Discover Amex Billing Software: enQuesta Software Version: Printer: In-house Billing Frequency (How often bills are mailed) Monthly Number of Installments: 1 Months Billed: Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec All Bill Mail Date: 1st - 10th 11th-20th 21st-31st Invoices per Cycle: 70,000 Highest Invoice Amount: $35,000.00 Average Invoice Amount $ 65.00 Attachment number 5 \nPage 3 of 3 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 Commission Meeting Agenda 9/2/2014 2:00 PM Street Light Bid No. 14-169 Department:Engineering/Traffic Caption:Motion to approve awarding of the annual Street Lighting Bid No. 14-169 to Graybar, the lowest compliant bidder in the amount not to exceed, in aggregate, $100,000. (Approved by Engineering Services Committee August 25, 2014) Background:The Traffic Division of the Engineering Department is responsible for maintenance of over 6,000 streetlights in Augusta which are essential to the safety of not only the motoring public but pedestrians as well. In the course of their function, streetlights receive a significant amount of wear and tear and require periodic replacement due to factors such as exposure to the elements, traffic accidents, vandalism, etc. To that end, the traffic engineering streetlight division budgets $100,000 for replacement poles and equipment that it purchases through an annual bid.The annual bid for street lighting was advertised on May 29, 2014 with bids being received on July 8, 2014. Analysis:Bids were received on July 8, 2014 with four company’s submitting. These bids are summarized below:. TS-3 Sternberg Pole TS-4 Fixture Graybar $714.95 $621.88 Hagemeyer $725.25 $625.25 Regional Lighting $1,087.00 $1,050.00 Based on the bids received, Graybar was the lowest compliant bidder and is, therefore, recommended for award. Financial Impact:Funds are available in Street lighting Account Number 276041610/5311640 Alternatives:1) Approve the awarding of Bid Item #14-169 to Graybar to not exceed, in aggregate, the budgeted amount of $100,000 for street light poles and fixtures as requested by AED 2) Do not approve Recommendation:Approve Alternative Number One. Funds are Available Cover Memo Item # 37 in the Following Accounts:276041610/5311640 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 37 Invitation to Bid Sealed bids will be received at this office on Tuesday, July 8, 2014 @ 11:00 a.m. for furnishing: Bid Item 14-169 Street Lighting for Traffic Division - Engineering Department Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 706-821-2422 Bid documents may be 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, June 20, 2014 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. No Bid may be withdrawn for a period of 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 May 29, June 5, 12, 19, 2014 Metro Courier June 4, 2014 Revised: 3/7/2013 Attachment number 1 \nPage 1 of 1 Item # 37 UNOFFICIAL Vendors GRAYBAR 3222 MIKE PADGETT HIGHWAY AUGUSTA, GA 30906 HAGEMEYER 1730 BARTON CHAPEL RD AUGUSTA, GA 30909 REGIONAL LIGHTING LLC 1202 DOVER PLACE, SE CONVERS, GA 30013 Attachment B YES YES YES E-Verify Number 140845 130794380 106386 457512 SAVE Form YES YES YES Model STERNBERG STERNBERG SPRING CITY Delivery 8-10 WEEKS 8-10 WEEKS 30-60 DYAS Bid Price $714.95 $725.50 $1,087.00 Model STERNBERG STERNBERG SPRING CITY Delivery 8-10 WEEKS 8-10 WEEKS 30-60 DYAS Bid Price $621.88 $625.25 $1,050.00 TOTAL BID $73,990.00 $74,792.50 $117,720.00 2 (TS-4) Sternberg Fixtures #6130-C 50 each 1 (TS-3) Sternberg pole #4212 FP 4 60 each Bid Item #14-169 Street Lighting for Traffic Division for the Augusta, GA - Engineering Department Bid Opening Date: Tuesday, July 8, 2014 @ 11:00 a.m. Page 1 of 1 Attachment number 2 \nPage 1 of 1 Item # 37 Attachment number 3 \nPage 1 of 1 Item # 37 Attachment number 4 \nPage 1 of 4 Item # 37 Attachment number 4 \nPage 2 of 4 Item # 37 Attachment number 4 \nPage 3 of 4 Item # 37 Attachment number 4 \nPage 4 of 4 Item # 37 Commission Meeting Agenda 9/2/2014 2:00 PM Windsor Spring Road Phase IV – Relocation Agreement Cost Department:Abie L. Ladson, Director Caption:Motion to approve entering into an agreement with Bellsouth Telecommunications, LLC d/b/a A T & T Georgia stating that Augusta, Georgia will be responsible for the cost to relocate their facilities on the project to improve Windsor Spring Road Phase IV, Willis Foreman Road to Tobacco, Road, CPB# 323-04- 299823766. Also, approve for the Augusta, Georgia Legal Counsel, Mayor and other designated representatives of Augusta, Georgia to execute three (3) Utility Relocation Agreements which state that, upon completion of the work, payment will be made as requested by the Augusta Engineering Department. (Approved by Engineering Services Committee August 25, 2014) Background:On August 5, 1997 the Augusta, Georgia Commission approved for this Project to be funded from the Sales Tax Program. On April 6, 1999 Augusta, Georgia and the Georgia Department of Transportation (GDOT) entered into an agreement for Augusta, Georgia to be responsible for the preliminary engineering activities and relocation of public owned utilities. GDOT funded and acquired the right of way for this project at a cost of $9,970,630. The construction funds are provided by GDOT and on July 16, 2014 the project was awarded to E R Snell Contractor, Inc. at the low bid of $27,765,202.50. The project will widen and reconstruct Windsor Spring Road to 4 lanes with a median and provide an urban drainage system, multi-use trails, street lighting and replace the bridge over Spirit Creek. Analysis:The project will require relocation of facilities that belong to A T & T Distribution and an estimate was received from them April 1, 2014 which stated that the cost is $112,692.38.The Engineering Department, the Augusta Metropolitan Planning Organization (MPO) and GDOT have agreed upon a plan that has appropriated $1,975,000 to be used to assist with the cost to relocate public owned utilities on this project. The plan was approved by the Augusta Regional Transportation Study (ARTS) Citizens Advisory Committee and Technical Coordinating Committee February 18, 2014, the ARTS Policy Committee March 6, 2014 and the MPO approved the administrative modification Cover Memo Item # 38 establishing the funds for this purpose March 11, 2014. Financial Impact:Not Applicable; funding will come from the Augusta MPO Alternatives:1. Approve entering into an agreement with Bellsouth Telecommunications, LLC d/b/a A T & T Georgia stating that Augusta, Georgia will be responsible for the cost to relocate their facilities on the project to improve Windsor Spring Road Phase IV, Willis Foreman Road to Tobacco, Road, CPB# 323-04- 299823766. Also, approve for the Augusta, Georgia Legal Counsel, Mayor and other designated representatives of Augusta, Georgia to execute three (3) Utility Relocation Agreements which state that, upon completion of the work, payment will be made as requested by the Augusta Engineering Department. 2. N/a Recommendation:Approve alternative 1 Funds are Available in the Following Accounts: MPO funds will supplement project funds 323-04- 1110/299823766 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 38 Attachment number 1 \nPage 1 of 9 Item # 38 Attachment number 1 \nPage 2 of 9 Item # 38 Attachment number 1 \nPage 3 of 9 Item # 38 Attachment number 1 \nPage 4 of 9 Item # 38 Attachment number 1 \nPage 5 of 9 Item # 38 Attachment number 1 \nPage 6 of 9 Item # 38 Attachment number 1 \nPage 7 of 9 Item # 38 Attachment number 1 \nPage 8 of 9 Item # 38 Attachment number 1 \nPage 9 of 9 Item # 38 Attachment number 2 \nPage 1 of 9 Item # 38 Attachment number 2 \nPage 2 of 9 Item # 38 Attachment number 2 \nPage 3 of 9 Item # 38 Attachment number 2 \nPage 4 of 9 Item # 38 Attachment number 2 \nPage 5 of 9 Item # 38 Attachment number 2 \nPage 6 of 9 Item # 38 Attachment number 2 \nPage 7 of 9 Item # 38 Attachment number 2 \nPage 8 of 9 Item # 38 Attachment number 2 \nPage 9 of 9 Item # 38 Commission Meeting Agenda 9/2/2014 2:00 PM Windsor Spring Road Phase IV (Agreement Reimburse GA Transmission Corp) Department:Abie L. Ladson, Engineering Director Caption:Motion to approve entering into an Agreement with Georgia Transmission Corporation stating that Augusta, Georgia will be responsible for the cost to relocate their transmission facilities reference the project to improve Windsor Spring Road Phase IV, Willis Foreman Road to Tobacco, Road, CPB# 323-04- 299823766. Also, approve for the Augusta, Georgia Legal Counsel, Mayor and other designated representatives of Augusta, Georgia to execute three (3) Utility Relocation Agreements which state that, upon completion of the work, payment will be made as requested by the Augusta Engineering Department. (Approved by Engineering Services Committee August 25, 2014) Background:On August 5, 1997 the Augusta, Georgia Commission approved for this project to be funded from the Sales Tax Program. On April 6, 1999 Augusta, Georgia and the Georgia Department of Transportation (GDOT) entered into an agreement for Augusta, Georgia to be responsible for the preliminary engineering activities and relocation of public owned utilities. GDOT funded and acquired the right of way for this project at a cost of $9,970,630. The construction funds are provided by GDOT and the project received bids May 16, 2014. The estimated construction cost is $22,633,558. The project will widen and reconstruct Windsor Spring Road to 4 lanes with a median and provide an urban drainage system, multi-use trails, street lighting and replace the bridge over Spirit Creek. Analysis: The project will require relocation of facilities that belong to Georgia Transmission Corporation and an estimate was received from them February 19, 2014 which stated that the cost is $950,035.57. The Engineering Department, the Augusta Metropolitan Planning Organization (MPO) and GDOT have agreed upon a plan that has appropriated $1,975,000 to be used to assist with the cost to relocate public owned utilities on this project. The plan was approved by the Augusta Regional Transportation Study (ARTS) Citizens Advisory Committee and Cover Memo Item # 39 Technical Coordinating Committee February 18, 2014, the ARTS Policy Committee March 6, 2014 and the MPO approved the administrative modification establishing the funds for this purpose March 11, 2014. Financial Impact:Not Applicable; funding will come from the Augusta MPO Alternatives:1)Approve entering into an agreement with Georgia Transmission Corporation stating that Augusta, Georgia will be responsible for the cost to relocate their transmission facilities on the project to improve Windsor Spring Road Phase IV, Willis Foreman Road to Tobacco, Road, CPB# 323-04-299823766. Also, approve for the Augusta, Georgia Legal Counsel, Mayor and other designated representatives of Augusta, Georgia to execute three (3) Utility Relocation Agreements which state that, upon completion of the work, payment will be made as requested by the Augusta Engineering Department. ALTERNATIVE 2: Do Not Approve Recommendation:Approve Alternative 1. Funds are Available in the Following Accounts: Funding supplements SPLOST project funds 323-04- 1110/299823766 Funds will be reimbursed to Augusta per attached agreeement with GDOT REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 39 PLEASE DO NOT PROCESS THIS DOCUMENT ONCE APPROVED BY COMMISSION, AED WILL FORWARD THE ORIGINAL AGREEMENT IN TRIPLICATE FOR EXECUTION. QUESTION PLEASE CALL EXT 5070 – ENG ADMIN THANKS SO MUCH! 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 Attachment number 2 \nPage 1 of 3 Item # 39 Attachment number 2 \nPage 2 of 3 Item # 39 Attachment number 2 \nPage 3 of 3 Item # 39 Attachment number 3 \nPage 1 of 3 Item # 39 Attachment number 3 \nPage 2 of 3 Item # 39 Attachment number 3 \nPage 3 of 3 Item # 39 Attachment number 4 \nPage 1 of 3 Item # 39 Attachment number 4 \nPage 2 of 3 Item # 39 Attachment number 4 \nPage 3 of 3 Item # 39 Attachment number 5 \nPage 1 of 3 Item # 39 Attachment number 5 \nPage 2 of 3 Item # 39 Attachment number 5 \nPage 3 of 3 Item # 39 Attachment number 6 \nPage 1 of 3 Item # 39 Attachment number 6 \nPage 2 of 3 Item # 39 Attachment number 6 \nPage 3 of 3 Item # 39 Attachment number 7 \nPage 1 of 3 Item # 39 Attachment number 7 \nPage 2 of 3 Item # 39 Attachment number 7 \nPage 3 of 3 Item # 39 Attachment number 8 \nPage 1 of 3 Item # 39 Attachment number 8 \nPage 2 of 3 Item # 39 Attachment number 8 \nPage 3 of 3 Item # 39 Attachment number 9 \nPage 1 of 3 Item # 39 Attachment number 9 \nPage 2 of 3 Item # 39 Attachment number 9 \nPage 3 of 3 Item # 39 Attachment number 10 \nPage 1 of 3 Item # 39 Attachment number 10 \nPage 2 of 3 Item # 39 Attachment number 10 \nPage 3 of 3 Item # 39 Commission Meeting Agenda 9/2/2014 2:00 PM Contract with Heery International Department:Clerk of Commission Caption:Motion to approve the termination of the contract between Heery International and Augusta, Georgia. (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 # 40 Commission Meeting Agenda 9/2/2014 2:00 PM Municipal Building Renovations Update Department:Administrator's Office Caption:Update from the Interim Administrator regarding the Municipal Building renovations. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 41 Commission Meeting Agenda 9/2/2014 2:00 PM Minutes Department:Clerk of Commission Caption:Motion to approve the minutes of the regular meeting of the Commission held August 19 , 2014 and Special Called Meetings held August 25, 2014. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 42 Commission Meeting Agenda 9/2/2014 2:00 PM Affidavit Department: Caption:Motion to approve 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 # 43