HomeMy WebLinkAbout2014-09-16-Meeting Agenda
Commission Meeting Agenda
Commission Chamber
9/16/2014
2:00 PM
INVOCATION:
Rev. K. B. Martin, Pastor, Antioch Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA.
PRESENTATION(S)
A. Major Gene Johnson (RET) and Capt. Chester Huffman (RET)
Richmond County Sheriff's Office.
Attachments
CONSENT AGENDA
(Items 1-17)
PLANNING
1. Z-14-42 – A request for concurrence with the Augusta Georgia Planning
Commission to approve a petition by Hudson Rogers, on behalf of
Frederick L. Young Jr., requesting a change of zoning from Zone A
(Agriculture) and Zone R-MH (Manufactured Home Residential) to
B-2 (General Business) affecting property containing 5.85 acres and is
known as 3764 Peach Orchard Road. Tax Map 168-0-021-00-0
DISTRICT 6
Attachments
PUBLIC SERVICES
2. 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 without fee increases. (Approved by the Commission
September 2, 2014 - second reading)
Attachments
3. 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 with an effective date of January 1, 2015. (Approved by
the Commission September 2, 2014 - second reading)
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ADMINISTRATIVE SERVICES
4. Motion to approve amending Ordinance No. 7434 changing the meeting
time for regular commission meetings for legal matters from 12 Noon to
1:00 p.m. and starting Public Services Committee at 1:00 p.m.
(Approved by the Commission September 2, 2014 - second reading)
Attachments
5. Motion to approve employee retention incentive and vacation buy back
program subject to staff bring back financial information on both items
to the commission for final approval. (Approved by Administrative
Services Committee September 8, 2014)
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ENGINEERING SERVICES
6. Motion to authorize condemnation to acquire title of a portion of
property for right of way and permanent construction and maintenance
easement, and one temporary driveway easement (Parcel 193-0-097-00-
0) 4594 Windsor Spring Road. (Approved by Engineering Services
Committee September 8, 2014)
Attachments
7. Motion to authorize condemnation to acquire title of a portion of
property for right of way, permanent construction and maintenance
easement, and one temporary driveway easement (Parcel 227-0-037-00-
0) 4759 Windsor Spring Road. (Approved by Engineering Services
Committee September 8, 2014)
Attachments
8. Motion to authorize condemnation to acquire title of a portion of
property for right of way, permanent construction and maintenance
easement, and one temporary driveway easement (Parcel 227-0-092-00-
0) 4760 Windsor Spring Road. (Approved by Engineering Services
Committee September 8, 2014)
Attachments
9. Motion to authorize condemnation to acquire title of a portion of
property for right of way, permanent easement, and one driveway
easement (Parcel 209-0-007-00-0) 4727 Windsor Spring Road.
(Approved by Engineering Services Committee September 8, 2014)
Attachments
10. Motion to authorize condemnation to acquire title of a portion of
property for permanent easement and temporary construction easement,
(Parcel 052-0-015-00-0) 3875 Belair Road. (Approved by Engineering
Services Committee September 8, 2014)
Attachments
11. Motion to authorize condemnation to acquire title of a portion of
property for right of way and permanent construction and maintenance
easement, and one temporary driveway easement (Parcel 193-0-027-00-
0) 4614 Windsor Spring Road. (Approved by Engineering Services
Committee September 8, 2014)
Attachments
12. Motion to authorize condemnation to acquire title of a portion of
property for right of way and temporary construction easement, (Parcel
052-0-016-00-0) 3871 Belair Road. (Approved by Engineering
Services Committee September 8, 2014)
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13. Motion to approve purchase order to Duke's Root Control in the amount
of $250,000.00. (Approved by Engineering Services Committee
September 8, 2014)
Attachments
14. Motion approve award of Engineering Services Contract to Cranston
Engineering Group, PC in the amount of $353,726.00 for Task 3 of the
Augusta ADA Self Evaluation & Transition Plan. (Approved by
Engineering Services Committee September 8, 2014)
Attachments
15. Motion to approve the formation of a fiber installation and maintenance
crew in the Utilities Department. (Approved by Engineering Services
Committee September 8, 2014)
Attachments
16. Motion to determine that 0.166 Acre of Right-of-Way at the Northwest
Intersection of Alexander Drive and Old Alexander Drive, as shown on
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the attached plat has ceased to be used by the public to the extent that no
substantial public purpose is served by it or that its removal from the
county road system is otherwise in the best public interest, pursuant to
O.C.G.A. §32-7-2, with the abandoned property to be quit-claimed to the
appropriate party(ies), as provided by law and an easement to be retained
over the entire abandoned portion for existing or future utilities as
directed by Augusta Engineering Department and Augusta Utilities
Department. (Approved by Engineering Services Committee
September 8, 2014)
PETITIONS AND COMMUNICATIONS
17. Motion to approve the minutes of the regular meeting of the
Commission held September 2, 2014 and Special Called Meeting held
August 8, 2014.
Attachments
****END CONSENT AGENDA****
AUGUSTA COMMISSION
9/16/2014
AUGUSTA COMMISSION
REGULAR AGENDA
9/16/2014
(Items 18-48)
PLANNING
18. Z-13-41 – A request for concurrence with the Augusta Georgia Planning
Commission to dismiss a petition by Verizon Wireless, on behalf of the
Trustees of Masonic Hall of Augusta, requesting a Special Exception to
establish a telecommunications tower per Section 28-A of the
Comprehensive Zoning Ordinance for Augusta, Georgia affecting
property containing a .22 acre leased tower compound of a 5.21 acre tract
known as 3201 Wrightsboro Road. (Tax Map 042-1-034-01-0)
DISTRICT 3
Attachments
19. Z-14-19 – A request for concurrence with the Augusta Planning
Commission to deny a petition by Jennifer A. Blackburn, attorney for
Verizon Wireless, on behalf of Mary P. McElmurray, requesting a
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change of zoning from Zone R-1 (One-family Residential) to Zone R-2
(Two-family Residential) affecting property containing .22 acres
located 269 feet, more or less, west of Old Waynesboro Road and also
being 1,439 feet, more or less, south of where the centerline of Rusk
Drive extended intersects. Part of Tax Map 213-0-156-00-0 (DISTRICT
6) (Deferred from the Commission's May 22nd meeting for 90-days)
20. Z-14-20 – A request for concurrence with the Augusta Planning
Commission to deny a petition by Jennifer A. Blackburn, attorney for
Verizon Wireless, on behalf of Mary P. McElmurray, requesting a
Special Exception to establish a telecommunication tower per Section
28-A-5(c) of the Comprehensive Zoning Ordinance for Augusta, Georgia
affecting property containing .22 acres located 269 feet, more or less,
west of Old Waynesboro Road and also being 1,439 feet, more or less,
south of where the centerline of Rusk Drive extended intersects. Part of
Tax Map 213-0-156-00-0 (DISTRICT 6) (Deferred from the
Commission's May 22nd meeting for 90-days)
Attachments
21. Z-14-38 – A request for concurrence with the Augusta Georgia Planning
Commission to approve a petition by Mary Kingcannon, on behalf of
Joseph Kingcannon, requesting a Special Exception to establish a
Family Personal Care Home per Section 26-1(H) of the
Comprehensive Zoning Ordinance for Augusta, Georgia affecting
property containing approximately .37 acres and is known as 3908
Fairington Drive. Tax Map 152-0-132-00-0 DISTRICT 4
Attachments
PUBLIC SERVICES
22. Motion to approve entering into contract with Hall Marketing for
Augusta Regional Airport's Advertising Agency of record as approved
by the Augusta Aviation Commission at their August 28, 2014 Meeting.
Attachments
23. Motion to approve New Application: A.N. 14 - 34: request by Kerry
Kenny for a retail package Beer & Wine License to be used in
connection with 706 Home located at 3644 Walton Way Ext. District 3.
Super District 10.
Attachments
24. Motion to approve the proposal submitted by Modern Business Systems,
Inc. for providing and installing Mobile Filing and Storage Systems for
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the Tax Assessors Office and the Finance Department and two new
Lektrivers for the Finance Department.
25. Motion to approve the selection of and contract with Diio, LLC for
providing Aviation Statistical Data to the Augusta Regional Airport as
approved by the Augusta Aviation Commission at their August 28, 2014
Meeting.
Attachments
26. Motion to award the contract for Bid Item 14-183, Fleming Tennis
Center Improvements to the low, responsive bidder, Larry Pittman &
Associates of Augusta, Georgia. Their lump sum base bid was
$498,752.58 and the recommended add alternate for $61,525.00 for a
total contract price of $560,277.58
Attachments
27. 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.
Attachments
28. Motion to approve the Reeves Construction Change Modification #1 for
the Credit Card Lot Repairs as approved by the Augusta Aviation
Commission at their August 28, 2014 Meeting.
Attachments
ADMINISTRATIVE SERVICES
29. Discuss the appointment of the city administrator. (Requested by
Commissioner Ben Hasan)
Attachments
30. Update from staff regarding James Henry settlement of claims.
(Requested by Commissioner Marion Williams)
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PUBLIC SAFETY
31. Discuss the downtown parking meter proposal. (Requested by Attachments
Commissioner Marion Williams)
32. Motion to approve Patrol Agreement with the Housing Authority.
Attachments
33. Discuss the policing and the detention authorities of Paine College.
(Requested by Commissioner Marion Williams)
Attachments
FINANCE
34. Approve the acquisition of one vehicle for the Coroner’s Office.
Attachments
35. Approve the replacement of 1 older model mechanical rodder truck with
more modern water based jet rodder truck for Augusta Utilities
Department-Construction and Maintenance Division.
Attachments
36. Approve a request from the Augusta Utilities Department-Water
Production Division to purchase a new F-350 Crew Cab maintenance
truck with small crane.
Attachments
37. Motion to approve the acquisition of one new ride-on trencher for the
Utilities Department - Facilities Maintenance Division.
Attachments
38. An Ordinance to amend the Augusta, GA Code to create Title Two
Chapter Two Article Seven Sections 2-2-57 through 2-2-66 relating to
the provision of a local excise tax on energy used in manufacturing; to
repeal all Code Sections and Ordinances and parts of Code Sections and
Ordinances in conflict therewith; to provide an effective date and for
other purposes.
Attachments
39. Motion to approve request to compel the Finance Director to provide the
Governing Body information relative to the disposition of interest
monies earned on SPLOST proceeds. An Augusta Georgia SPLOST
Fund Balances Report as of 12-31-2013 reflects the following: SPLOST
I interest earnings $7,364,408; SPLOST II interest earnings $12,954.082;
SPLOST III interest earnings $20,514,527; SPLOST IV interest earnings
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$18,696,003; SPLOST V interest earnings $11,948,048; SPLOST VI
interest earnings $381,303. In addition, the Finance Director will
provide documentation that will reflect the authorized usage of such
funds. Any other relevant information is solicited. (Requested by
Commissioner Lockett)
40. Motion to approve the intergovernmental agreement (IGA) with the
cities of Blythe and Hephzibah for the allocation and distribution of
proceed from the energy excise tax.
Attachments
41. Consider a request from Keiauntae Weston regarding a refund in
property taxes due to the home being assessed incorrectly from years
2007 through 2011.
Attachments
42. Motion to approve Water and Sewer Revenue Bonds series 2014
supplemental resolution.
Attachments
43. Discuss the following ARC contractual requirement relative to
organizations who receive SPLOST funding "Organization shall
comply with the purchasing policies of Augusta-Richmond County
regarding the advertising for bids, the securing of bids, and
payment, performance bonds and contracting. Payments to any sub-
contractor employed by the Organization shall be made directly by
the Organization, subject to Augusta’s audit and approval. If the
total project costs exceed the amount funded by Augusta and the
Matching Funds, the Organization shall provide proof of other
funding sources. Payments by the Organization to sub-contractors
shall be made only upon presentation of verified
invoices." (Requested by Commissioner Marion Williams)
Attachments
ENGINEERING SERVICES
44. Motion to approve the termination of the contract between Heery
International and Augusta, Georgia. (Requested by Commissioner
Marion Williams)
Attachments
45. Motion to approve reallocation $630,000 from Oates Creek (SPLOST
III – District 2), to Hyde Park/Wilkerson Gardens Drainage
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Upcoming Meetings
www.augustaga.gov
Improvements Project to partially fund land acquisition and resident
relocations as requested by AED. (No recommendation Engineering
Services Committee September 8, 2014)
APPOINTMENT(S)
46. Consider the recommendations of the Richmond County Board of Health
to appoint as follows: Willie Joseph Hillson, M.D. to the unexpired
term of Elijah Lightfoot, Jr., M.D ending December 31, 2016 and Bruce
Riggs, D.M.D. to a four-year term formerly held by Dr. F. Marion Durst,
III.
Attachments
ADMINISTRATOR
47. Update from the Interim Administrator regarding Clerk of Commission's
Office Space.
Attachments
LEGAL MEETING
A. Pending and Potential Litigation.
B. Real Estate.
C. Personnel.
48. Motion to approve execution by the Mayor of the affidavit of
compliance with Georgia's Open Meeting Act.
Commission Meeting Agenda
9/16/2014 2:00 PM
Invocation
Department:
Caption:Rev. K. B. Martin, Pastor, Antioch Baptist Church
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 1
Commission Meeting Agenda
9/16/2014 2:00 PM
Years of Services Gene Johnson Chester Huffman
Department:
Caption:Major Gene Johnson (RET) and Capt. Chester Huffman (RET)
Richmond County Sheriff's Office.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 2
Commission Meeting Agenda
9/16/2014 2:00 PM
Z-14-42
Department:Planning Commission
Caption: Z-14-42 – A request for concurrence with the Augusta Georgia
Planning Commission to approve a petition by Hudson Rogers,
on behalf of Frederick L. Young Jr., requesting a change of zoning
from Zone A (Agriculture) and Zone R-MH (Manufactured
Home Residential) to B-2 (General Business) affecting property
containing 5.85 acres and is known as 3764 Peach Orchard
Road. Tax Map 168-0-021-00-0 DISTRICT 6
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 3
AUGUSTA-RICHMOD COUTY PLAIG COMMISSIO
REZOIG STAFF REPORT
Case umber: Z-14-42
Hearing Date: Wednesday, September 3, 2014
Report Prepared By: Paul DeCamp and Robert W. Austin
____________________________________________________________________________
Applicant: Hudson Rogers
Property Owner: Frederick L. Young Jr.
Address of Property: 3764 Peach Orchard Road
Tax Parcel #: 168-0-021-00-0
Present Zoning: A (Agriculture) & R-MH (Manufactured Home Residential)
Subdivision: /A
Commission District: 6
Zoning Requested: The applicant is requesting a change of zoning from Zone A (Agriculture)
and Zone R-MH (Manufactured Home Residential) to Zone B-2 (General Business).
Request Proposed Use / Activity Applicable Ordinance Section(s)
Rezone from A & R-MH
to B-2
Construction of General
Retail Space
Section 22-1
Background on the Property:
The subject property is an undeveloped 5.85 acre tract located on the southeast side of Peach
Orchard Road across from the Boykin Road intersection. Surrounding land uses include a
recreational vehicle camping park to the north, a gas/food mart and additional undeveloped land.
The Georgia and Florida Railroad track adjoins the rear of this property. The area zoning pattern
Attachment number 1 \nPage 1 of 4
Item # 3
is mixed and includes individual lots, or multiple lots, zoned A (Agricultural), R-MH
(Manufactured Home Residential), B-1 (Neighborhood Business), B-2 (General Business) and L-
I (Light Industry). The adjacent RV Park is zoned B-2 and the gas/food mart located across
Peach Orchard Road is zoned LI (Light Industry).
Project Analysis:
The petitioner wants to rezone the property in order to construct an 8,320 square-foot general
retail store and surface parking. The concept plan submitted with the application indicates the
proposed improvements will be located on approximately 1.40 acres in the northwest corner of
the property. The remaining acreage would be subdivided to create three (3) additional lots.
The concept plan shows that a cul-de-sac would be built to provide vehicle access to the property
from Peach Orchard Road. The cul-de-sac would be located so that it lines up with the Boykin
Road intersection.
· Utilities – According to the Utilities Department, there is a 12-inch water line located on
the northwest side of Peach Orchard Road across from the subject property, and an 8-inch
sanitary sewer line that extends along the south property line adjacent to the railroad
tracks.
· Environmental – The property slopes gradually from north to south. There is no
floodplain or wetlands on this property but an area of 500-year floodplain of Spirit Creek
extends along Peach Orchard Road opposite the site.
· Traffic and Circulation – The subject property fronts Peach Orchard Road, a five-lane
principal arterial highway that is both a state route (SR 121) and federal highway (US
25). Georgia Department of Transportation year 2013 traffic counts for this section of
Peach Orchard Road are 21,980 vehicles per day north of the site (Count Station #
2450192) and 16,080 vehicles per day south of the site (Count Station # 2450189).
Currently there is a flashing yellow warning signal at the intersection of Peach Orchard
Road and Boykin Road. The signal cautions motorists on Peach Orchard Road about
traffic entering from Boykin Road. Motorists on Boykin Road must come to a complete
stop before making a turn onto Peach Orchard Road. The Augusta Traffic Engineering
Department reviewed the concept plan for the proposed cul-de-sac and had the following
comments:
1. The 60 foot right-of-way of the cul-de-sac must be configured to allow for
adequate access onto and off of Peach Orchard Road.
Attachment number 1 \nPage 2 of 4
Item # 3
2. A traffic signal should be installed at the intersection of Boykin and Peach
Orchard Road, or a traffic study indicating it is not needed should be provided by
the petitioner.
3. The site plan should include a deceleration lane on Peach Orchard Road entering
the proposed cul-de-sac.
· Buffer and Landscaping – A site plan will have to conform to the Augusta Tree
Ordinance.
· Comprehensive Plan – The recommended development pattern for the South Augusta
Neighborhood Area includes siting additional commercial and retail development at
major intersections near underserved neighborhoods. A guiding land use policy for the
entire city is to encourage commercial development on principal arterial highways where
commercial and / or industrial development is already established.
Findings:
1. The proposed zoning and use of the property is generally compatible with the
surrounding area.
2. Commercial zoning and land use have increased in this area of Peach Orchard
Road in response to increased demand for goods and services.
3. The Comprehensive Plan includes a policy to encourage commercial development
on highways where such development already exists.
Preliminary Staff Recommendation: The Staff recommends approval of this petition due to
the fact that the proposed zoning and land use are compatible with the surrounding area, and
conform to policies in the Comprehensive Plan.
ote: The information included in this staff report represents the best available information at
the time it is written, which is generally two weeks prior to the Planning Commission hearing at
which the zoning petition is to be heard. It represents an evaluation of the facts presented by the
applicant, research done by the staff, and consideration of the relevant factors in the
Comprehensive Zoning Ordinance of Augusta, Georgia. New facts may emerge after the staff
report is written and staff reserves the right to make an oral recommendation at the hearing based
on all the information available at that time.
RWA & PTD/ls
Attachment number 1 \nPage 3 of 4
Item # 3
Attachment number 1 \nPage 4 of 4
Item # 3
Commission Meeting Agenda
9/16/2014 2:00 PM
Z-13-41
Department:Planning Commission
Caption: Z-13-41 – A request for concurrence with the Augusta Georgia
Planning Commission to dismiss a petition by Verizon Wireless,
on behalf of the Trustees of Masonic Hall of Augusta, requesting a
Special Exception to establish a telecommunications tower per
Section 28-A of the Comprehensive Zoning Ordinance for
Augusta, Georgia affecting property containing a .22 acre leased
tower compound of a 5.21 acre tract known as 3201 Wrightsboro
Road. (Tax Map 042-1-034-01-0) DISTRICT 3
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 4
AUGUSTA-RICHMOD COUTY PLAIG COMMISSIO
REZOIG STAFF REPORT – UPDATED SEPTEMBER 2014
Case umber: Z-13-41
Hearing Date: Monday, May 5, 2014 (Postponed from March 2014)
Report Prepared By: Paul DeCamp and Robert W. Austin
____________________________________________________________________________
Applicant: Verizon Wireless
Property Owner: Trustees of Masonic Hall of Augusta
Address of Property: 3201 Wrightsboro Road
Tax Parcel #: 042-1-034-01-0
Present Zoning: R-3B (Multiple-family Residential)
Subdivision: /A
Commission District: 3
Zoning Requested: The applicant is requesting a Special Exception per Section 28-A-5 (c) for
a 105 foot tall monopole telecommunications tower on the rear of a Masonic Temple located at
3201 Wrightsboro Road.
Request Proposed Use / Activity Applicable Ordinance Section(s)
Special Exception
Establish a 105-foot tall
telecommunication tower
Section 28-A-5 (C)
Background on the Property:
The subject property is a 5.21-acre tract located on the north side of Wrightsboro Road between
Damascus Road and Sibley Rd. / Jackson Road intersections. The property is zoned R-3B
(Multiple-family Residential) and contains a Masonic lodge and surface parking lot. In addition,
the rear half of the lot is wooded and undeveloped.
Attachment number 1 \nPage 1 of 6
Item # 4
The surrounding area is an urbanized part of the city that includes commercial establishments,
apartment complexes and the Georgia Regents University athletic complex. The commercial
establishments front Wrightsboro Road and the apartment complexes are located to the west,
north and south of the subject property. The GRU athletic complex is located immediately east of
the property. The area zoning pattern reflects these land uses and includes B-1 (Neighborhood
Business), B-2 (General Business), R-3A (Multiple-family Residential, R-3B (Multiple-family
Residential, and R-3C (Multiple-family Residential.
The project site is located approximately 3,865 feet from the western end of Daniel Field airport.
Daniel Field, located on a 152-acre site at the intersection of Wrightsboro Road and Highland
Avenue, is a general aviation airport. Major facilities include two runways, two hangars, a ten
bay T-hangar, outdoor tie-down areas, and a control tower. Charter flights, flight training,
airplane storage, fuel and maintenance services are provided by the FBO, Augusta Aviation Inc.
The airport is operated under the direction of the 13-member General Aviation Commission.
Project Analysis:
The applicant, representing Verizon Wireless, is requesting a Special Exception per Section 28-
A-5 (C) of the zoning ordinance to erect a 105-foot tall monopole telecommunications tower on
the rear of the Masonic Hall property. The height includes a 5-foot tall lightening rod. For this
proposed facility, Verizon wireless intends to lease a 100’ x 100’ area in the northwest corner of
the property to locate the tower and related ground equipment. The tower site would be serviced
via a 30-foot wide ingress-egress / utility easement running parallel to the west property line. Per
the zoning ordinance, items to be considered in evaluating requests for a Special Exception
include the following:
· Topography on Site – The property is located at elevations between 370 and 400 feet
above mean sea level (MSL). The lowest elevations are at the Wrightsboro Road
frontage, rising to about 388 feet above MSL at the site of the lodge, and 408 feet above
MSL in the northeast corner of the property.
· Tower Height – The monopole tower would be 100-feet tall with a 5-foot tall lightening
rod. Total height = 105 feet. The base of the tower would be located at an elevation of
402 feet above MSL. The top of the tower’s lightening rod would then be at 507 feet
above MSL (402 ft. + 105 feet).
· Distance to Residences – The proposed tower would be at least 100 feet from any
existing off-site residential structure. It would also be set back a distance of at least 50
feet from any property line which borders a single-family residentially zoned lot.
· ature of Surrounding Land Use - The surrounding area is an urbanized part of the city
that includes commercial establishments, apartment complexes and the Georgia Regents
University athletic complex. The commercial establishments front Wrightsboro Road and
Attachment number 1 \nPage 2 of 6
Item # 4
the apartment complexes are located to the west, north and south of the subject property.
The GRU athletic complex is located immediately east of the property.
· Surrounding Topography – the topography in the surrounding area can be characterized
as gently rolling, with elevations ranging between 330 and 410 feet above MSL.
· Surrounding Tree Coverage – The rear of the subject property has a concentration of
trees, some of which will have to be removed to make room for the tower. Trees are
scattered throughout the surrounding area, with concentrations at apartment complexes
and single-family homes.
· Design of the Structure - The tower compound will be located in the midst of a stand of
existing trees. The compound will be enclosed by a six-foot tall metal fence with fabric
cover and barbed wire on top, Landscaping around the entire perimeter of the site will
include Leyland cypress trees planted on 10-foot centers with a three-inch layer of pine
straw between and around the trees.
· Ability to Accommodate Additional Antenna – According to applicant’s structural
analysis, the tower is designed to accommodate up to three (3) carriers in addition to
Verizon Wireless.
· Ingress and Egress - The tower compound would be serviced via a 30-foot wide ingress-
egress / utility easement running parallel to the west property line.
· Availability of Towers / Other Tall Structures Within ½ mile – According to a letter
from Verizon Wireless Design Engineer Ralph Richter, the proposed tower is needed in
order to fill in service gaps and provide adequate capacity in this part of the city. A
thorough search of the area determined there are no suitable towers or structures on
which to collocate.
Officials with Daniel Field airport are opposed to the proposed tower in this location and at this
elevation because they believe it conflicts with a “pivot point” for the approach to Runway 11.
They assert that the proposed tower height will penetrate the horizontal approach zone to the
runway and will interfere with flight approaches and departures on Runway 11.
Findings:
1. The Comprehensive Zoning Ordinance requires that telecommunication towers be set
back a distance equal to the height of the tower to any existing off-site residential
structures and be set back a distance of one-half of the height of the tower from any
property line.
2. The file information indicates that the tower conforms to all setback restrictions.
3. The Federal Aviation Administration has issued a “Determination of No Hazard to Air
Navigation” regarding the proposed tower.
Attachment number 1 \nPage 3 of 6
Item # 4
4. Staff analysis of the Daniel Field airport map indicates that the top of the tower will be
approximately 100 feet or less below the elevation for potential conflicts with aircraft
using Runway 1-1.
5. Officials from Daniel Field Airport and the Daniel Field Aviation Commission dispute
the FAA- Part 77 findings as being insufficient to determine the hazards to the airfield
due to the fact that the majority of flights in and out of Daniel Field are “non-instrument”
flights and that the airport is a teaching airfield and student pilots are given a +/- 100 foot
allowance on landings. In their opinion this proposed tower site poses a serious threat to
the airport and the surrounding area.
6. On the request of the petitioner this petition has been continued since September 2013 for
the following reasons:
· September 4, 2013 – the petitioner requested time to address the concerns raised
by Daniel Field Airport officials – continued to October 2013;
· October 7, 2013 – the Federal Government shut down precluded both the
petitioner and Daniel Field Airport officials from obtaining further information
from the FAA – continued to January 2014;
· December 10, 2013 – Staff received an email from Verizon representatives
requesting to defer the petition to the February Planning Commission meeting in
order to allow Daniel Field Airport to obtain a more comprehensive FAA report;
· January 30, 2014 – Staff received an email from Verizon representatives stating
that Daniel Field Airport officials had not obtained a response to their request for
a comprehensive study by the FAA and that Verizon was agreeable to a continued
deferment;
· February 27, 2014 – A conference call between Staff and Verizon determined that
the petition would return on the May 5, 2014 Planning Commission agenda;
· April 24, 2014 – A conference call was facilitated by Staff with Verizon
representatives and Daniel Field Airport officials to discuss their differences;
· May 5, 2014 – Mr. Charles Lyons, attorney for the trustees of 3 of the local
Masonic Temples stated that they did not believe the trustee that signed the
petition had the authority to authorize this petition and/or any agreements
pertaining to it and he requested 90 days to attempt to reach a consensus between
all parties; Verizon representatives agreed – the Planning Commission deferred
the petition to the August 4, 2014 Planning Commission;
· June 12, 2014 – Staff received information provided by Mr. Will Dozier, trustee
of the Masonic Lodge that he felt proved their right to move forward with this
petition. This information was forwarded to the attorney representing Verizon and
Mr. Lyons.
· June 24, 2014 – Director Wilson contacted the Verizon attorney requesting an
update and expressing the Department’s desire to have the legal issues worked out
before the August 4 meeting. He responded that he would review the information
and work to move forward on the issue.
Attachment number 1 \nPage 4 of 6
Item # 4
· July 10, 2014 – Staff notified the Verizon attorney of the upcoming agenda item
and the need to advertise it according to GA Zoning Law; he indicated that they
were ready to proceed.
· August 4, 2014 – Mr. Lyons informed the Commission that the only contact that
he had with the attorney representing Verizon was on July 21, 2014 and that no
resolution had been reached. A lawsuit has been filed in Superior Court regarding
the authority to authorize this petition and other matters relating to the business of
the local Masonic Temples – With the agreement of the newly appointed attorney
representing Verizon the Planning Commission deferred the petition to the
September 3, 3014 meeting;
· September 3, 2014 – The Planning Commission voted to dismiss the petition due
to the fact that the petitioner could not provide proof that they were the authorized
representative of the owner of the property as set forth in Section 35-3 of the
Comprehensive Zoning Ordinance.
Staff Recommendation: The Staff recommends that this petition be dismissed for the following
reasons:
1. The petitioner has failed to establish that it is the authorized representative of the owner
of the property as required by the Augusta Georgia Comprehensive Zoning Ordinance in
Section 35-3.
ote: The information included in this staff report represents the best available information at
the time it is written, which is generally two weeks prior to the Planning Commission hearing at
which the zoning petition is to be heard. It represents an evaluation of the facts presented by the
applicant, research done by the staff, and consideration of the relevant factors in the
Comprehensive Zoning Ordinance of Augusta, Georgia. New facts may emerge after the staff
report is written and staff reserves the right to make an oral recommendation at the hearing based
on all the information available at that time.
RWA & PTD/ls
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Commission Meeting Agenda
9/16/2014 2:00 PM
Z-14-19
Department:Planning Commission
Caption: Z-14-19 – A request for concurrence with the Augusta Planning
Commission to deny a petition by Jennifer A. Blackburn, attorney
for Verizon Wireless, on behalf of Mary P. McElmurray,
requesting a change of zoning from Zone R-1 (One-family
Residential) to Zone R-2 (Two-family Residential) affecting
property containing .22 acres located 269 feet, more or less, west
of Old Waynesboro Road and also being 1,439 feet, more or less,
south of where the centerline of Rusk Drive extended intersects.
Part of Tax Map 213-0-156-00-0 (DISTRICT 6) (Deferred from
the Commission's May 22nd meeting for 90-days)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 5
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Commission Meeting Agenda
9/16/2014 2:00 PM
Z-14-20
Department:Planning Commission
Caption: Z-14-20 – A request for concurrence with the Augusta Planning
Commission to deny a petition by Jennifer A. Blackburn, attorney
for Verizon Wireless, on behalf of Mary P. McElmurray,
requesting a Special Exception to establish a telecommunication
tower per Section 28-A-5(c) of the Comprehensive Zoning
Ordinance for Augusta, Georgia affecting property containing .22
acres located 269 feet, more or less, west of Old Waynesboro
Road and also being 1,439 feet, more or less, south of where the
centerline of Rusk Drive extended intersects. Part of Tax Map
213-0-156-00-0 (DISTRICT 6) (Deferred from the
Commission's May 22nd meeting for 90-days)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
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Commission Meeting Agenda
9/16/2014 2:00 PM
Z-14-38
Department:Planning Commission
Caption: Z-14-38 – A request for concurrence with the Augusta Georgia
Planning Commission to approve a petition by Mary Kingcannon,
on behalf of Joseph Kingcannon, requesting a Special Exception
to establish a Family Personal Care Home per Section 26-1(H)
of the Comprehensive Zoning Ordinance for Augusta, Georgia
affecting property containing approximately .37 acres and is
known as 3908 Fairington Drive. Tax Map 152-0-132-00-
0 DISTRICT 4
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 7
AUGUSTA-RICHMOD COUTY PLAIG COMMISSIO
REZOIG STAFF REPORT
Case umber: Z-14-38
Hearing Date: Monday, August 4, 2014 (Updated September 3, 2014)
Report Prepared By: Paul DeCamp and Robert W. Austin
____________________________________________________________________________
Applicant: Mary Kingcannon
Property Owner: Joseph Kingcannon (son)
Address of Property: 3908 Fairington Drive
Tax Parcel #: 152-0-132-00-0
Present Zoning: R-1 (One-family Residential)
Subdivision: Fairington
Commission District: 4
Zoning Requested: The applicant is requesting a Special Exception for a Family Personal
Care Home per Section 26-1(h) of the Comprehensive Zoning Ordinance for Augusta, Georgia.
Request Proposed Use / Activity Applicable Ordinance Section(s)
Special Exception
Family Personal Care
Home
Section 26-1 (h)
Background on the Property:
The subject property is located on the northwest side of Fairington Drive in the Fairington
subdivision. The 0.37-acre (16,117 square foot) residential lot contains a one-story 1,474 square
foot ranch house with front and rear yards and a driveway. The surrounding land area is zoned
R-1 (One-family Residential) and contains single family detached residences similar in age, size
Attachment number 1 \nPage 1 of 4
Item # 7
and style to the subject property. The size of the subject lot is comparable to others in the
immediate area.
Project Analysis:
The applicant is requesting a Special Exception in an R-1 (One-family Residential) Zone for a
Family Personal Care Home. The applicant is already housing six (6) people in the house and has
a State of Georgia license, but has not obtained a Special Exception from the city.
The tax records indicate that this home contains 3 bedrooms and 2 bathrooms; although the fact
sheet provided by the applicant, Ms. Kingcannon, stated that there are 4 bedrooms. The personal
care home would be staff-operated on a twenty-four hour basis. The front and rear yards have
adequate space for outdoor activities. The Georgia Department of Community Health does not
regulate parking for personal care homes, but there is adequate space for off-street vehicle
parking and some room for on-street vehicle parking should the need arise.
The zoning ordinance states that Special Exceptions may be permitted in any zone where such
uses are deemed essential or desirable to the public convenience or welfare and are in harmony
with the various elements or objectives of the Master Plan / Planning Document in effect. A
request for a Family Personal Care Home is subject to meeting the following criteria in Section
26-1 (h) of the Comprehensive Zoning Ordinance for Augusta, Georgia.
1. May not be established within 1,200 feet of a lawfully existing family day care home,
adult day care facility, transition housing, or another family personal care home in A, R or P
zones;
2. Shall not be located in areas where the health, safety and welfare of the residents would
be compromised; and
3. The Planning Commission shall determine that the foregoing requirements have been
satisfied and further, that the benefits of the proposed family personal care home are greater
than any possible depreciating effects and damages to neighboring properties.
The applicant has already obtained a permit from the Georgia Department of Community Health
and meets the requirements of Chapter 111-8-62.01 of the O.C.G.A. The applicant must also
obtain a business license from Augusta, Georgia. The fire marshal should also inspect the home
before it is occupied by residents to ensure compliance with applicable codes.
Attachment number 1 \nPage 2 of 4
Item # 7
Findings:
1. According to the Georgia Department of Community Health records, there are twenty-
two (22) personal care homes in the 30815 zip code. The closest one is located at 3834
Fairington Drive, approximately 1,500 feet from the subject property.
2. According to department records, no family personal care homes exist in the immediate
area. There are no lawfully existing family day care homes, adult day care facilities,
transition housing or another family personal care home within 1,200 feet of the subject
property.
3. Crime statistics obtained from the GIS Crime Mapping, based on data supplied by the
Sheriff’s Department, indicate that this general area has limited criminal activity. There
have been seventeen (17) reported crimes in the general vicinity in the last six months.
None of the calls have been near the subject property.
4. The personal care home would be staff-operated on a twenty-four hour basis.
5. The proposed use will not result in any substantial physical changes to the residence. A
wheelchair ramp might need to be added, depending on the mobility level of the
occupants.
6. The rear yard is enclosed with a solid board wood privacy fence and has adequate space
for outdoor activities.
7. There is adequate space for off-street vehicle parking. The existing driveway is
approximately 69 feet in length. There is also some space for on-street parking.
8. The home is currently served by city water and sewer lines.
9. The applicant is apparently licensed with the State of Georgia and meets the state
minimum requirements of Chapter 111.8-62.01 of the O.C.G.A.
10. Inspection by Code Enforcement found the property is occupied and operating as a
PCH. There are six (6) occupants that are unrelated to the owner. The house has four
(4) bedrooms and two (2) full baths. There are 2 persons in 2 of the bedrooms and 1
person each occupying the 3rd and 4th bedrooms. All 6 residents are ambulatory and need
very little assistance. There is a living room, den and kitchen. The home is hard-wired
with smoke detectors to each bedroom and at the kitchen. . Emergency escape routes are
posted as well as information boards. Per operator of the PCH – she has been here for 5
years. There is no noted structural damage to the exterior nor none noted to the
interior. All residents are neat and clean and all were present at the time of initial
inspection.
11. The applicant must obtain a Business License from Augusta, Georgia.
12. Traffic counts are not available for this local street, but the property use should not have a
sizable impact on traffic volumes.
13. This petition was deferred from the August 4, 2014 Planning Commission hearing due
to concerns expressed by the Fairington eighborhoo d Association President. It was
suggested both parties attempt to meet and discuss the petition.
Attachment number 1 \nPage 3 of 4
Item # 7
Preliminary Staff Recommendation: The Staff reserves its recommendation until all
information has been presented at the Planning Commission hearing.
ote: The information included in this staff report represents the best available information at
the time it is written, which is generally two weeks prior to the Planning Commission hearing at
which the zoning petition is to be heard. It represents an evaluation of the facts presented by the
applicant, research done by the staff, and consideration of the relevant factors in the
Comprehensive Zoning Ordinance of Augusta, Georgia. New facts may emerge after the staff
report is written and staff reserves the right to make an oral recommendation at the hearing based
on all the information available at that time.
RWA & PTD/ls
Attachment number 1 \nPage 4 of 4
Item # 7
Commission Meeting Agenda
9/16/2014 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 without fee increases. (Approved by the
Commission September 2, 2014 - second reading)
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
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REVIEWED AND APPROVED BY:
Cover Memo
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Commission Meeting Agenda
9/16/2014 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 with an
effective date of January 1, 2015. (Approved by the Commission
September 2, 2014 - second reading)
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 # 9
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Commission Meeting Agenda
9/16/2014 2:00 PM
Airport Marketing Agency Selection
Department:Augusta R egional Airport
Caption:Motion to approve entering into contract with Hall Marketing for
Augusta Regional Airport's Advertising Agency of record as
approved by the Augusta Aviation Commission at their August
28, 2014 Meeting.
Background:Hall Marketing, Inc. responded to the Augusta Regional Airport
RFP for advertising agency services in 2009. The contract was
awarded to Hall Marketing, Inc. and the contract was executed in
July 2009. The contract has run its full term and was put out for
bid in April 2014. The Airport received three compliant proposals
in response to the bid. The companies responding included Hall
Marketing, Inc., Sixel Consulting Group, Inc., and Patterson-
Brown & Associates.
Analysis:The three proposals were reviewed by the evaluation Committee
on Thursday, June 19, 2014. Upon careful review and discussion,
the Committee unanimously selected Hall Marketing, Inc. as the
best fit to provide marketing services for the Augusta Regional
Airpor t. The evaluation sheet with scores is attached.
Financial Impact:
Alternatives:Deny request.
Recommendation:Recommend the approval of the selection and Contract with Hall
Marketing, Inc. for the Augusta Regional Airport's Advertising
Agency of record.
Funds are Available
in the Following
Accounts:
551 08 1111 5212999
REVIEWED AND APPROVED BY:
Cover Memo
Item # 10
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 10
CONTRACT FOR
AIRPORT ADVERTISING AGENCY
BETWEEN
AUGUSTA, GEORGIA
AND
HALL MARKETING, INC.
FOR THE AUGUSTA REGIONAL AIRPORT
Attachment number 1 \nPage 1 of 31
Item # 10
Contract for Airport Advertising Page 2 of 31
This Contract made and entered into this ___________ day of _________ 2014, by and between
Augusta, Georgia, (hereinafter referred to as the City) a political subdivision of the State of
Georgia, acting through the Augusta Aviation Commission whose address is 1501 Aviation Way,
Augusta, Georgia 30906-9600, and Hall Marketing, Inc., (hereinafter referred to as the
Consultant) a Georgia corporation whose address is 519 Blackburn Drive Martinez, GA, 30907.
WHEREAS, the Augusta Regional Airport Aviation Commission (Aviation
Commission), which operates the Augusta Regional Airport at Bush Field (Airport), desired to
retain the services of a full service advertising agency to provide counsel, perform market
research, to develop a comprehensive integrated marketing strategy and to produce a multi-
faceted advertising campaign to support the mission of the Airport and the Aviation
Commission; and
WHEREAS, the mission of the Airport is to serve as the commercial service airport for
Augusta and the Central Savannah River Area (CSRA) providing a customer friendly
transportation experience; and
WHEREAS, The Airport also facilitates and supports the growth of related industry to
strengthen the economic base located at the Airport; and
WHEREAS, received proposals from several qualified firms in response to its Request
for Proposal (RFP); and
WHEREAS, after reviewing the proposals the Airport determined it would be in its
best interest to enter into a Contract with Consultant to provide these services; and
WHEREAS, the Consultant has represented to the Airport that it has knowledge and
experience in the CSRA travel and tourism market; and
WHEREAS, on _______________, 2014, the Augusta Richmond County Board of
Commissioners approved the solicitation of these services for the Airport.
Attachment number 1 \nPage 2 of 31
Item # 10
Contract for Airport Advertising Page 3 of 31
STATEMENT OF CONSIDERATION
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
contained in this Contract and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, Consultant and the City, intending to be legally bound, do
hereby covenant and agree as follows:
ARTICLE I
SCOPE OF SERVICES TO BE PROVIDED
1.1 Consultant is authorized to purchase advertising space, time, services and materials.
Consultant understands its authorization shall be subject to the budgets, plans, policies and
terms as approved by the Airport.
1.2 Consultant may, after receiving written authorization from Airport, execute standard
contracts and order forms that are used in the advertising industry to purchase advertising.
1.3 Consultant may provide marketing for special events, community outreach projects and
other marketing tasks as assigned by the Airport.
1.4 Consultant may provide the Airport with facilitation and assistance with Strategic Plan
creation and implementation.
1.5 Consultant will provide Integrated Marketing Program development and implementation.
The Program might include, but not be limited to the development of, detailed annual media
plan, public relations campaign, multi-media advertising (design, produce, and buy), website
design and marketing, and direct marketing.
1.6 Consultant shall facilitate the development and implementation of a comprehensive and
cohesive marketing and outreach strategy to help build the brand and identity of the Airport in
order to foster economic development through the marketing of Airport properties to
prospective industries and businesses.
Attachment number 1 \nPage 3 of 31
Item # 10
Contract for Airport Advertising Page 4 of 31
1.7 Consultant shall provide consultation and creative support in order to reinforce the Airport’s
brand positioning, and respond quickly to opportunities that present themselves such as
improvements in fares, services or economic development opportunities.
1.8 Consultant shall research opportunities and outreach strategies to develop strategic alliance
partnerships in order to expand the Airport’s alliance partner base both for air service
development and economic development purposes.
1.9 Consultant warrants it has a strong understanding of design, branding, economic and
commercial development, the Airport and the challenges and opportunities that face the Airport.
1.10 Consultant warrants is has the ability to develop a complete marketing, branding and
communication strategy that draws upon the strengths of the Airport and its available property.
ARTICLE II
GENERAL CONDITIONS
2.1 Contract Term. The initial term of this Contract will commence upon the date of
execution and will continue in effect for a period of three (3) years. This Contract may be
renewed for two (2) additional one (1) year options upon mutual consent of both parties with
all terms and conditions remaining the same.
2.2 Termination. The City may terminate this Contract any time for breach of contractual
obligations by providing written notice of such cancellation. Should the City exercise its
right to cancel the Contract for such reasons, the cancellation shall become effective on the
date as specified in the notice of cancellation. Furthermore, the City may terminate this
Contract at any time upon the giving of written notice as follows:
a) In the event that the Consultant fails to discharge any obligations or remedy
any default or breach under this Contract for a period continuing more than
thirty (30) days after the providing written notice specifying such failure or
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Item # 10
Contract for Airport Advertising Page 5 of 31
default and that such failure or default continues to exist as of the date upon
which such notice so terminating this Contract is given; or
b) In the event that the Consultant makes an assignment for the benefit of
creditors, or commences or has commenced against it any proceeding in
bankruptcy, insolvency, or reorganization pursuant to bankruptcy laws or laws of
debtor's moratorium; or
c) In the event that appropriate and otherwise unobligated funds are no
longer available to satisfy the obligations of Airport.
2.3 Work Authorization. Each assignment performed under Article I will be initiated upon
the specific written or verbal request and authorization of the Airport.
ARTICLE III
AIRPORT RESPONSIBILITIES
3.1 Basic Data Provided By the Airport. The Airport will assist the Consultant in obtaining such
data and information as are needed and available.
3.2. Airport Representative. To expedite the undertaking of services performed under this
Contract and to permit the coordination of materials, commitments, and correspondence, the
Airport will designate a specific staff member as its representative to whom all correspondence,
materials, and requests for conferences and information will be directed. The Airport designates
Diane Johnston, Director of Marketing, (706) 796-4002, as its representative to whom all
correspondence should be directed.
ARTICLE IV
CONSIDERATION/FEES
Airport shall pay to Consultant the fees and expenses as set forth on Exhibit A attached hereto
(the "Rate Schedules"). The rates as set forth in Exhibit A shall be in effect for the duration of
Attachment number 1 \nPage 5 of 31
Item # 10
Contract for Airport Advertising Page 6 of 31
this Contract. The fees to be paid to Consultant for services under this Contract will be
determined either on the actual time and materials expended on the work or on a per project
basis, depending on the nature of the assignment requested and will be subject to the Airport’s
acceptance and approval for each assignment.
ARTICLE V
REPRESENTATIONS AND WARRANTIES OF CONSULTANT
Consultant hereby represents and warrants to the Airport as follows:
5.1 The Consultant warrants that it has knowledge and experience in the CSRA travel and
tourism market; knowledge and experience in marketing airports or other travel/tourism
products; experience in integrated marketing program development and implementation;
working knowledge and success with consumer branding and effective advertising; a proven
record in facilitation and designing strategic plans and comprehensive resources in the area of
experience, expertise, creative talent and manpower, as well as the necessary systems to provide
the required services and programs.
5.2 Due Authorization and Binding Obligation. This Contract has been duly authorized,
executed and delivered by Consultant and constitutes a legal, valid and binding obligation of
Consultant, enforceable against Consultant in accordance with its terms, except to the extent its
enforceability may be limited by (i) applicable bankruptcy, reorganization, moratorium or
similar laws affecting enforcement of creditors' rights or remedies generally, (ii) general
equitable principles concerning remedies, and (iii) limitations on the enforceability of rights to
indemnification by federal or State laws or regulations or public policy.
5.3 No Conflict. To its knowledge, neither the execution nor delivery of this Contract by
Consultant, nor the performance by Consultant of its obligations hereunder (i) conflicts with,
violates or results in a material breach of any law or governmental regulation applicable to
Attachment number 1 \nPage 6 of 31
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Contract for Airport Advertising Page 7 of 31
Consultant, (ii) conflicts with, violates or results in a material breach of any term or condition of
any order, judgment or decree, or any contract, agreement or instrument, to which Consultant is a
party or by which Consultant or any of its properties or assets are bound, or constitutes a material
default under any of the foregoing, or (iii) constitutes a default under or results in the creation of,
any lien, charge, encumbrance or security interest upon any assets of Consultant under any
agreement or instrument to which Consultant is a party or by which Consultant or its assets may
be bound or affected.
5.4 No Approvals Required. No approval, authorization, order or consent of, or declaration,
registration or filing with, any Governmental Authority is required for the valid execution and
delivery of this Contract by Consultant or the performance of its obligations hereunder,
except such as have been duly obtained or made.
5.5 Financial Condition. There has been no material adverse change in the financial condition
of Consultant that would impair the ability of Consultant to perform its obligations under this
Contract.
5.6 No Collusion. Consultant's Proposal is genuine and not collusive or a sham. Consultant has
not colluded, conspired, connived or agreed, directly or indirectly, with any other person, to put
in a sham proposal, or to refrain from proposing, and has not in any manner, directly or
indirectly, sought, by agreement, collusion, communication or conference with any person, to fix
the prices of Consultant's proposal or the proposals of any other person or to secure any
advantage against any person interested in this Contract.
5.7 Information Supplied By Consultant. The information supplied and representations and
warranties made by Consultant and in all submittals made in response to the RFP, including
Consultant's Proposal, and in all post-proposal submittals with respect to Consultant (and, to
its knowledge, all information supplied in such submittals with respect to any subsidiary or
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subcontractor) are true, correct and complete in all material respects. Consultant's Proposal
does not contain any untrue statement of a material fact or omit to state a material fact
required to be stated therein, or necessary in order to make the statements therein not
misleading.
5.8 Ethics: Gratuities and Kickbacks. Neither Consultant, any subsidiary, or any agent
or other representative of Consultant has given or agreed to give, any employee or former
employee of the Airport or any other person, a gratuity or an offer of employment in
connection with any decision, approval, disapproval, recommendation, preparation or any
part of a procurement requirement or a purchase request, influencing the content of any
specification or procurement standard, rendering of advice, investigation, auditing, or in any
other advisory capacity in any proceeding or application, request for ruling, determination,
claim or controversy, or other particular matter pertaining to any procurement requirement or
a Contract or subcontract, or to any solicitation or proposal for a Contract or subcontract.
Notwithstanding any other provision hereof, for the breach or violation of this representation
and warranty and upon a finding after notice and hearing, the City may terminate this
Contract.
5.9 Contingent Fees. Consultant has not employed or retained any company or person, other
than a bona fide employee working for it to solicit or secure this Contract; and Consultant has
not paid or agreed to pay any company, association, corporation, firm or person, other than a
bona fide employee working for the Consultant, any fee, commission, percentage, gift or any
other consideration contingent upon or resulting from the award or making of this Contract.
For the breach or violation of these representations and warranties and upon a finding after
notice and hearing, the City may terminate this Contract and, at its discretion, may deduct
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from fees or otherwise recover, the full amount of any such fee, commission, percentage, gift
or consideration.
5.10 Existence and Powers. Consultant is a corporation duly organized and validly existing
under the laws of Georgia and is duly qualified to do business in the State of Georgia, with full
power, authority and legal right to enter into and perform its obligations under this Contract.
ARTICLE VI
TERMINATION
6.1 The City may terminate this Contract upon thirty (30) days written notice to the
Consultant for any reason whatsoever at its sole discretion. The Aviation Commission shall
upon invoice, pay for all service rendered to the date of termination as provided for herein.
6.2 The City shall have the right to terminate this Contract for a violation of the terms
hereof, at any time after thirty (30) days notice, other such other time period as set forth in such
notice, has been given to the Consultant and unless corrective action has been taken or
commenced within said thirty (30) day period and thereafter diligently completed.
6.3 The City shall have the right to terminate this Contract immediately upon or after any of
the following:
6.3.1 Assignment for Creditors: The Consultant makes a general assignment for the
benefit of creditors.
6.3.2 Bankruptcy: The Consultant files a petition for relief as a debtor under any Article
or chapter of the Federal Bankruptcy Code, as amended from time to time.
6.3.3 Receivership: A receiver, trustee, or custodian is appointed for all or substantially
all of the assets of the Consultant in any proceeding brought by or against the Consultant,
or the Consultant consents to or acquiesces in such appointment.
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ARTICLE VII
MISCELLANEOUS PROVISIONS
7.1. Consultant will promptly observe and comply with applicable provisions of all
published federal, state, and local laws, rules and regulations which govern or apply to the
services rendered by Consultant herein, or to the wages paid by Consultant to its
employees.
7.2. Consultant will procure and keep in force during the term of this Contract all necessary
licenses, registrations, certificates, permits, and other authorizations as are required herein.
7.3. All reports, documents, data bases, commercials, and other deliverable products produced
by Consultant for sole purposes of the Airport under the terms of this Contract will at all times be
the exclusive property of the Airport.
7.4 Governing Law. This Contract and any questions concerning its validity, construction or
performance shall be governed by the laws of the State of Georgia, irrespective of the place of
execution or the place or places of performance.
7.5 Counterparts. This Contract may be executed in more than one counterpart, each of which
shall be deemed to be an original and all of which taken together shall constitute one and the
same instrument.
7.6 Severability. In the event that any part, provision or term of this Contract shall, for any
reason, be determined to be invalid, illegal, or unenforceable in any respect, the Parties shall
negotiate in good faith and agree to such amendments, modifications, or supplements of or to
this Contract or such other appropriate actions as shall, to the maximum extent practicable in
light of such determination, implement and give effect to the intentions of the Parties as reflected
herein, and the other provisions of this Contract shall, as so amended, modified, supplemented,
or otherwise affected by such action, remain in full force and effect.
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7.7 No Third Party Beneficiary. This Contract is intended to be solely for the benefit of
Consultant and the City and their respective successors and permitted assigns and is not
intended to and shall not confer any rights or benefits on any Person not a signatory hereto.
7.8 Airport Approvals and Consents. When this Contract requires any approval or consent by
the Airport to a Consultant submission, request or report, the approval or consent shall be given
by the Airport’s Authorized Representative in writing and such writing shall be conclusive
evidence of such approval or consent, subject only to compliance by the Airport with the
applicable law that generally governs its affairs. Unless expressly stated otherwise in this
Contract, and except for requests, reports and submittals made by the Consultant that do not,
by their terms or the terms of this Contract, require a response or action, if the Airport does
not find a request, report or submittal acceptable, it shall provide written response to
Consultant describing its objections and the reasons therefore within thirty (30) days of the
Airport’s receipt thereof. If no response is received, the request, report or submittal shall be
deemed rejected.
7.9 Notices and Authorized Representatives. All notices, consents, approvals or
communications required or permitted hereunder shall be and may be relied upon when in
writing and shall be (i) transmitted by registered or certified mail, postage prepaid, return
receipt requested, with notice deemed to be given upon receipt, or (ii) delivered by hand or
nationally recognized courier service, or (iii) sent by facsimile transmission with confirmed
receipt thereof, with a hard copy thereof transmitted pursuant to (i) or (ii) above. All such
notices, consents, approvals or communications shall be addressed as follows:
For Airport/City: Augusta Regional Airport
1501 Aviation Way
Augusta, Georgia 30909
Attn: Diane Johnston, Director of Marketing
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With a Copy to:
General Counsel
501 Greene Street
Augusta, GA 30901
For Consultant:
Hall Marketing, Inc.
519 Blackburn Drive
Martinez, Georgia
30907
Attn:
7.10 Nondiscrimination. During the performance of services under this Contract, Consultant
agrees that it will not discriminate against any employee or applicant for employment because of
race, color, religion, sex, age, or national origin. Consultant will take affirmative action to ensure
that applicants are employed, and employees are treated during employment, without regard to
their race, color, religion, sex, age, or national origin. Such action will include but not be limited
to the following: employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation, and selection for
training, including apprenticeship.
7.11 Indemnification. Consultant hereby agrees to hold harmless, indemnify and defend the
City, the Airport, its members, elected officials, officers and employees, against any claim,
action, loss, damage, injury (whether mental or physical, and including death to persons, or
damage to property), liability, cost and expense of whatsoever kind or nature including, but not
by way of limitation, attorneys' fees and court costs, caused by negligent acts or acts of
commission or omission by Consultant its officers, employees, sub-consultants, or other
representatives.
7.12 Federal Requirements. Funding for this Contract may include federal funds provided
by the U.S. Department of Transportation (DOT) and/or other federal agencies. All DOT
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funded projects are subject to the requirements of 49 CFR Part 26; additionally some
federally funded projects may be subject to 49 CFR Part 23. These requirements are
mandatory and non-negotiable. Augusta enforces Disadvantage Business Enterprise (DBE)
requirements and/or DBE goals set by Federal and/or State Agencies in accordance with
State and Federal laws. Consultant acknowledges that the U.S. District Court for the
Southern District of Georgia has entered an Order enjoining the Race-Based portion of
Augusta, Georgia’s DBE Program. Thus, Augusta, Georgia does not have or operate a DBE,
MBE or WBE Program for projects (or portions of projects) having Augusta, Georgia as the
source of funding.
7.13 Compliance with laws: The Consultant shall obtain and maintain all licenses, permits,
liability insurance, workman's compensation insurance and comply with any and all other
standards or regulations required by federal, state or City statute, ordinances and rules during
the performance of any contract between the Consultant and the City. Consultant shall also
provide, pay for, and maintain with companies, reasonably satisfactory to the City, the types
of insurance as set forth in the Augusta-Richmond County Code, and Georgia law as the
same may be amended from time to time.
7.14 Independent Contractor. The Consultant shall act at all times as an independent
contractor, not as an agent of the City or Airport; and shall retain control over its employees,
agents, servants and subcontractors.
7.15 Assignment and Subcontracting. The Consultant shall not sell, convey, transfer,
mortgage, subcontract, sublease or assign this Contract or any part thereof, or any rights
created thereby, without the prior written consent of the City. Any assignment or transfer of
this Contract or any rights of the Consultant hereunder, without the prior written consent of the
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City shall be invalid, and shall convey to the City the right to terminate this Contract at its sole
discretion.
7.16 Choice of law and venue. This Contract shall be performable and enforceable in the
Superior Court of Richmond County, Georgia, and shall be construed in accordance with the
laws of the State of Georgia. Consultant by execution of this Contract specifically consents to
jurisdiction and venue in the Superior Court of Richmond County and waives any right to
contest same.
7.17 Invalid Provisions: If any covenant, condition or provision contained in this Contract is
held to be invalid by any Court of competent jurisdiction, the invalidity of any such covenant,
condition or provision shall in no way affect any other covenants, conditions or provisions
contained in this Contract; provided, that the validity of such covenant, condition or provision
does not materially prejudice either the Airport or Consultant in its respective rights and
obligations contained in the valid covenants, conditions or provisions of this Contract.
7.18 Waivers. Failure by the City to insist upon the strict performance by the Consultant of
any of the terms herein contained shall not constitute a waiver of the City’s right to thereafter
enforce any such term, but the same shall continue in full force and effect. The exercise of any
right to terminate arising under this Contract shall not operate to deprive the City of any co-
existing right to seek damages or other remedies arising from the default of the Consultant.
7.19 Entire Agreement. This Contract constitutes the entire agreement between the parties and
will supersede and replace all prior agreements or understandings, written or oral, in relation to
the matters set forth herein. Notwithstanding the foregoing, however, Consultant hereby affirms
the completeness and accuracy of all of the information provided by it in its proposal to the City
in pursuit of this Contract.
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EXHIBIT A
COST PROPOSAL
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EXHIBIT B
REQUIRED SUBMITTALS
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EXHIBIT C
STAFFING AND EXPERIENCE
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Request for Proposal
Request for Proposals will be received at this office until Friday, May 30, 2014 @ 11:00 a.m. for furnishing:
RFP Item #14-162 Airport Marketing Agency for Augusta Regional Airport
RFPs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of:
Geri A. Sams, Director
Augusta Procurement Department
530 Greene Street - Room 605
Augusta, Georgia 30901
RFP documents may be viewed on the Augusta Georgia web site under the Procurement Department
ARCbid. RFP documents may be obtained at the office of the Augusta, GA Procurement Department, 530
Greene Street – Room 605, Augusta, GA 30901.
A Mandatory Pre-Proposal Conference will be held on Friday, May 16, 2014 @ 10:00 a.m. in the
Procurement Department, 530 Greene Street, Augusta, GA 30901.
All questions must be submitted in writing by fax to 706 821-2811 or by email to
procbidandcontract@augustaga.gov to the office of the Procurement Department by Tuesday, May 20,
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 April 24, May 1, 8, 15, 2014
Metro Courier April 30, 2014
Revised: 8/15/2011
Attachment number 2 \nPage 1 of 1
Item # 10
NOFFICIAL UNOFFICIAL
VENDORS Attachment
B
Addendums
1-2
E-Verify
#
SAVE
Form Original 7
Copies
ADVERTISING SOLUTIONS
P.O. BOX 204851
MARTINEZ, GA 30917
HALL MARKETING, INC
519 BLACKBURN DR.
MARTINEZ, GA 30907
YES YES 316069 YES YES YES
MASS MEDIA MARKETING
229 FURYS FERRY RD, STE
123
AUGUSTA, GA 30907
YES NON-
COMPLIANT 785162 YES YES YES
PATTERSON BROWN AND
ASSOCIATES
1378 LANEY WALKER BLVD.,
SUITE 104
AUGUSTA, GA 30901
YES YES 715812 YES YES YES
SIXEL CONSULTING GROUP
109 SCHNACKEL DR.
ROCHESTER, NY 14622 YES YES 412961 YES YES YES
BIDDER DID NOT RESPOND
RFP Opening
RFP Item #14-162
Airport Marketing Agency
for Augusta, Georgia - Augusta Regional Airport
RFP Due: Friday, June 6, 2014 @ 11:00 a.m.
Page 1 of 2
Attachment number 3 \nPage 1 of 2
Item # 10
NOFFICIAL UNOFFICIAL
Fee
Proposal
YES
YES
YES
YES
for Augusta, Georgia - Augusta Regional Airport
RFP Due: Friday, June 6, 2014 @ 11:00 a.m.
Page 2 of 2
Attachment number 3 \nPage 2 of 2
Item # 10
HALL MARKETING, INC
519 BLACKBURN DR.
MARTINEZ, GA 30907
PATTERSON BROWN AND
ASSOCIATES
1378 LANEY WALKER BLVD.,
SUITE 104
AUGUSTA, GA 30901
SIXEL CONSULTING GROUP
109 SCHNACKEL DR.
ROCHESTER, NY 14622
Evaluation Criteria Points
1) Minimum of five (5) years of
experience in buying media,
developing strategic advertising
plans, designing creative concepts
and materials to implement those
plans, and producing or
coordinating the production of the
advertising.
20 20.0 7.7 12.3
2) Minimum of five (5) years of
experience in developing and
marketing commercial properties;
experience in the CSRA is
preferred.
20 17.7 7.3 18.7
3) Strong understanding of design,
branding, economic and
commercial development, and the
challenges and opportunities that
face the Augusta Regional Airport.
Ability to develop a complete
marketing, branding and
communication strategy that draws
upon the strengths of the Airport
and its available property
20 18.3 7.3 14.3
4) Minimum of five (5) years of
experience in the marketing of the
travel and tourism industry.
15 15.0 1.7 11.0
5) Proven record in facilitating and
designing strategic plans.15 13.3 5.0 13.3
6) Comprehensive resources in
the areas of experience, expertise,
creative talent and manpower.
10 10.0 5.0 10.0
Total Points 100 94.3 34.0 79.7
Cumulative Evaluation Sheet - RFP Item #14-162
Airport Marketing Agency
For Augusta, Georgia – Augusta Regional Airport
Vendors
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Commission Meeting Agenda
9/16/2014 2:00 PM
Alcohol Application
Department:Planning & Development
Caption:Motion to approve New Application: A.N. 14 - 34: request by
Kerry Kenny for a retail package Beer & Wine License to be used
in connection with 706 Home located at 3644 Walton Way Ext.
District 3. Super District 10.
Background:This is a New Application.
Analysis:The applicant meets all of the requirements of The City of
Augusta Alcohol Ordinance.
Financial Impact:The Applicant will pay a pro-rated fee of $665.00.
Alternatives:
Recommendation:Planning & Development recommends Approval. The R. C. S. O.
recommends Approval.
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 11
Attachment number 1 \nPage 1 of 2
Item # 11
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Item # 11
Commission Meeting Agenda
9/16/2014 2:00 PM
Approve proposal submitted by Modern Business Systems, Inc. for providing and installing Mobile Filing
and Storage Systems for the Tax Assessors Office and the Finance Department and two new Lektrivers
for the Finance Department.
Department:Recreation, Parks and Facilities
Caption:Motion to approve the proposal submitted by Modern Business
Systems, Inc. for providing and installing Mobile Filing and
Storage Systems for the Tax Assessors Office and the Finance
Department and two new Lektrivers for the Finance Department.
Background:We have received request from the Tax Assessors Office for two
Mobile Filing Systems and a request from the Finance Department
for two new Lektrivers and a Mobile Filing System. Modern
Business was selected through the RFP process to provide
furniture for the Municipal Building.
Analysis:The proposal from Modern Business Systems is for three Mobile
Filing and Storage Systems and two Lektrivers. It was originally
planned to relocate the Lektriver that the Finance - Accounting
has to their new location on the 8th floor. However because of the
age, condition and size of the current Lektriver it was determined
that it would be more economical and cost effective to replace the
Lektriver during the renovation process.
Financial Impact:The cost for the Mobile Filing Systems and the Lektrivers is
$80,155.00 (See Attached Proposal from Modern Systems Inc.)
This is within the $32,374,118.00 Total Project Budget.
Alternatives:1) Approve the proposal submitted by Modern Business Systems,
Inc. 2) Reject the proposal submitted by Modern Business
Systems, Inc.
Recommendation:Approve the proposal submitted by Modern Business Systems,
Inc.
Funds are Available
in the Following FUNDS ARE AVAILABLE IN ACCOUNT: GL: 328-05-1120
JL: 212-05-5101 OC: 5421110 Cover Memo
Item # 12
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 12
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Item # 12
Commission Meeting Agenda
9/16/2014 2:00 PM
Aviation Statistical Data Services RPA 14-178
Department:Augusta Regional Airport
Caption:Motion to approve the selection of and contract with Diio, LLC
for providing Aviation Statistical Data to the Augusta Regional
Airport as approved by the Augusta Aviation Commission at their
August 28, 2014 Meeting.
Background:The Airport Marketing Department is responsible for attracting
new air service for the community. Staff needs access to data
which will allow the preparation of statistical reports relative to
activity at the Airport and comparison to peer airports around the
country. This information is used by Airport staff to develop
presentations to air carriers in the pursuit of new air service. The
Airport recently issued an RFP seeking proposals from companies
with web-based data tools that provide access to the statistical data
and information needed. The Airport received three compliant
proposals in response to the RFP. The companies responding
included Diio, LLC, OAG Aviation Worldwide, LLC, and Sixel
Consulting Group, Inc.
Analysis:The three proposals were reviewed by a committee consisting of
Robert Williams, Diane Johnston, Phyllis Mills and Nancy
Williams on Thursday, July 31. Upon careful review and
discussion, the Committee unanimously selected Diio, LLC as the
best fit to provide the aviation statistical data services for the
Airport. The evaluation sheet and scores are attached. A contract
has been reviewed and approved by the Airport’s legal counsel.
The contract term is for one year, with two one year options for
renewal.
Financial Impact:
Alternatives:Deny request.
Recommendation:Approve Diio, LLC as the Augusta Regional Airport's Statistical
Data Provider.Cover Memo
Item # 13
Funds are Available
in the Following
Accounts:
551 08 1111 5212999
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 13
SUBSCRIPTION AGREEMENT
This Subscription Agreement (the “Agreement”) is effective as of the date set forth below (the “Effective Date”) between:
“Diio”: Diio, LLC, a California limited liability company
1775 Wiehle Ave., Suite 330, Reston, Virginia 20190 Phone: (408) 353-0530 E-Mail: legal.notices@diio.net
And
“Customer”: Augusta Aviation Commission, on behalf of the Augusta Regional Airport
1501 Aviation Way, Augusta, Georgia 30906 Phone: (706) 798-3236 E-Mail: djohnston@augustaga.gov
Effective Date: January 1st, 2015
This Agreement consists of the Terms and Conditions set forth below, the attached Exhibits, and the Terms of Service
(defined below). As used throughout this Agreement, Diio, and Customer are sometimes referred to individually as a “party” or collectively as the “parties.”
The parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the Effective
Date.
DIIO, LLC
AUGUSTA AVIATION COMMISSION
Signature
Jordan Kayloe
Signature
Douglas Lively
Name
Senior Vice President
Name
Aviation Commission Chairman
Title Title
TERMS AND CONDITIONS
1. Definitions.
1.1 “Diio Content” means the proprietary information, databases, reports, maps, charts, graphs, tools, software,
documentation, and other materials that are made available to Customer and each Authorized User through the Diio Service.
1.2 “Diio Service” means the Diio proprietary Internet-
based report generating service, and any updates and enhancements thereto, currently referred to as “Diio Mi Express,” that provides standard and customized reports for travel and airline industry data as more specifically described in Exhibit A
and that: (i) contains the Diio Content; and (ii) is hosted and served on the Site.
1.3 “Authorized User” means those uniquely identified
persons who: (i) are employed by Customer; (ii) agree to be bound by the Terms of Service; and (iii) have received a valid
Password from Diio. Diio reserves the right not to approve an Authorized User.
1.4 “Authorized User Fee” means the fee described in Exhibit B that is due from Customer for access to the Diio
Service by the number of Authorized Users specified in Exhibit B.
1.5 “Confidential Information” has the meaning set forth in
Section 9.
1.6 “Initial Term” has the meaning set forth in Section 10.
1
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Item # 13
1.7 “Password” means the unique password assigned to
each Authorized User by Diio that permits access to the Diio Service.
1.8 “Renewal Term” has the meaning set forth in Section
10.
1.9 “Reports” means individual data analysis reports,
including, without limitation, maps, charts, and graphs, generated by the Diio Service pursuant to data parameters requested by an Authorized User.
1.10 “Site” means the Diio Internet websites hosted and maintained by or on behalf of Diio, and any successor sites
thereto, at which Authorized Users may access the Diio Service.
1.11 “Term” has the meaning set forth in Section 10.
1.12 “Terms of Service” means the online terms and
conditions related to the use of the Diio Service that are posted on the Site at the “Terms of Service” page and that a user must accept before accessing the Diio Service.
2. Customer Rights and Obligations.
2.1 License Grant. Subject to the terms of this Agreement, Diio hereby grants Customer a non-exclusive, non-transferable
right and license during the Agreement Term to allow the number of Authorized Users for which Customer has purchased a subscription to access and use the Diio Service to generate
Reports solely for Customer’s internal business purposes. Customer acknowledges that Diio: (i) has complete and sole discretion over the selection and arrangement of Content
available on the Diio Service; (ii) can move or delete Content at any time for any reason; and (iii) has made no effort to verify the accuracy of any Content on the Diio Service. Diio and its
licensors may also make improvements and/or changes to the Diio Service or the Content at any time without notice.
2.2 Reports. In addition to the foregoing, Customer may
reproduce and publish Reports internally and to Customer’s clients, provided Customer includes an attribution statement
acknowledging Diio’s ownership of the Report. This attribution statement shall be in a form and manner prescribed and approved by Diio. If Diio determines, in its sole discretion, that Customer is
distributing or publishing any Reports in a manner detrimental to Diio’s business, Customer shall immediately cease distributing and/or publishing the Reports upon receipt of Diio’s written notice.
2.3 Restrictions. Except as expressly authorized in this Agreement, Customer: (i) will use reasonable efforts to ensure that neither the Diio Service, the Diio Content, nor any Reports
are displayed outside of the Site or distributed in any way to any third party; (ii) shall not rent, lease, distribute, transfer, copy, reproduce, display, modify, or timeshare the Diio Service, the Diio
Content, the Reports, or any portion thereof; (iii) will take all reasonable steps to protect the Diio Service and the Site from unauthorized access or use; (iv) will use best efforts to prevent third parties from obtaining Passwords; and (v) will immediately inform Diio of any actual or potential unauthorized access to a Password or to the Diio Service. Diio reserves all rights not
expressly granted in this Agreement.
2.4 Service Levels. Diio will host and maintain the Diio Service in accordance with the target service levels described in
Exhibit C.
2.5 Support. Diio will provide support for the Diio Service in accordance with the terms of Exhibit C.
2.6 Identification of Customer. Customer agrees that Diio may name Customer as a user of the Diio Service in its marketing materials and on its website without payment of any separate
fees. If Customer has made favorable comments about Diio or the Diio Service, Customer agrees that Diio may reproduce these comments in its marketing materials or on its website. Diio may
also permit its authorized partners to name Customer as a user or reproduce favorable comments in their marketing materials or on their websites. Diio shall receive written consent from Customer prior to such advertisement.
3. Fees and Payment.
3.1 Authorized User Fees. Customer agrees to pay Diio the
applicable Authorized User Fees for services provided during the Initial Term. Authorized User Fees for each Renewal Term shall
be based on Diio’s then-current license fees. At Customer’s request within seventy-five (75) days of the end of the Term, Diio will provide a written schedule of its then-current fees that would
apply to any Renewal Term. This Agreement shall be deemed to obligate the Customer for only for those sums payable during the calendar or fiscal year of execution or, in the event of a renewal
by the Customer, for those sums payable in the individual calendar or fiscal year renewal term.
3.2 Additional Fees. Customer understands that Diio incurs
costs for changing Authorized Users and agrees that Diio may impose a fee at its then-current rates if Customer changes its Authorized Users on average more than once per month. In
addition, fees for additional services such as onsite or remote training, consulting, or enhancement services shall be at Diio’s then-current rates for such services. Additionally, Customer shall reimburse Diio monthly in arrears for Diio’s reasonable travel, telephone, and other out-of-pocket expenses incurred in providing
such services, provided such expenses have been pre-approved by Customer. Diio will provide Customer with adequate documentation for all such expenses.
3.3 Payment/Timing. Payments shall be due in accordance with the terms set forth in Exhibit B. All amounts are due in United States Dollars and are net of any taxes or applicable wire
transfer fees. Customer agrees that it will be responsible for all sales, use, or services taxes of any kind, with the exception of taxes based on Diio’s income.
3.4 Late Payments. If Customer fails to timely pay any amount due within thirty (30) days of the payment due date: (i) Customer shall pay, in addition, interest at the rate of one and
one-half percent (1½%) per month, but not to exceed the maximum allowed by law; and (ii) Diio may, at Diio’s option, suspend Customer’s and its Authorized Users’ access to the Diio
Service and, if the delinquency continues for an additional fifteen (15) days after the initial suspension date, Diio may, at its option, terminate this Agreement. Fees will continue to accrue during any
such suspension.
4. Authorized Users.
4.1 Registration. Upon execution of this Agreement, Diio
will provide Customer with instructions on how Authorized Users shall access the Diio Service. Prior to his or her initial access to the Diio Service, each Authorized User: (i) shall register with Diio as set forth in the registration procedures posted on the Site and (ii) electronically agree to the Terms of Service document on the
Site. All collection and use of Authorized User data submitted during registration shall be in accordance with Diio’s then-current published privacy policy.
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4.2 Customer Obligations. Customer agrees to be responsible for providing accurate and complete information about each Authorized User on registration as reasonably requested by
Diio. Customer agrees to review and update such information at least quarterly for accuracy. Diio may, in its sole discretion, terminate the accounts or access rights of any Authorized Users
for whom inaccurate or incomplete information was provided during registration, for any Authorized User who Diio believes has violated the Terms of Service, and for any Authorized User who does not appear on the then-current list of Authorized Users provided by Customer. Customer is responsible for all activities
that occur under Authorized User passwords. Customer shall notify all of its Authorized Users to keep such passwords confidential. Customer and/or individual Authorized Users must
notify Diio immediately of any unauthorized use of passwords or if they believe that any such password is no longer confidential. Diio reserves the right to require Authorized Users to alter
passwords if Diio believes that such password is no longer secure.
4.3 Remedies. Diio and its licensors reserve the right to
investigate complaints or reported violations of this Agreement or the Terms of Service and/or applicable licenses and copyrights and to take any action they deem appropriate including, without
limitation, reporting and providing information of any suspected unlawful activity to law enforcement officials, regulators, or other third parties, including disclosing any information necessary or
appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses, and traffic information. Diio and its licensors reserve the right to
seek all remedies available at law and in equity for violations of this Agreement or the Terms of Service, including, but not limited
to, the right to block access to the Diio Service from a particular Internet address or username.
5. Proprietary Rights. All right, title, and interest in and to
the Diio Service, the Diio Content, the Reports, the Site, and any related documentation, including any corrections, updates, adaptations, enhancements thereto, or authorized copies thereof,
shall remain exclusively with Diio and its licensors, as applicable. Access to the Diio Service and/or the Site is provided to Authorized Users only to allow Customer to exercise Customer’s
rights under this Agreement. Because the Content incorporates Content from Diio’s licensors, it may contain other proprietary notices, licenses, and terms for use of copyrighted information,
the terms of which must be observed and followed by Customer and all Authorized Users. In the event of any conflict between the license(s) applicable to Content on the Diio Service and the
Terms of Service, the applicable license(s) prevail.
6. Disclaimer. Customer acknowledges and agrees that any collection and compilation of data may result in the likelihood of some human and machine errors, omissions, delays, interruptions, and losses, including inadvertent loss of data or damage to media, which may give rise to loss or damage. Diio
makes no representations or warranties that the Diio Service is free of bugs or other errors, or that it will operate continuously, or
that the Content is complete, accurate, or free of malicious items. Diio assumes no responsibility for any errors or omissions in the Diio Content or any damage caused by use of the Diio Service or
the Diio Content. Customer and its Authorized Users download or use Diio Content obtained from using the Diio Service at their own risk. Customer and its Authorized Users have the sole obligation
to ensure that in using the Diio Service or downloading Diio Content they protect their systems and the systems of any of their
customers or users against viruses, worms, or other items of a destructive nature. Customer further agrees that Diio PROVIDES THE DIIO SERVICE, THE SITE, AND THE DIIO CONTENT ON
AN “AS-IS” AND “WHERE-IS” BASIS. EXCEPT FOR THE TARGET SERVICE LEVELS SET FORTH IN EXHIBIT C, DIIO DOES NOT WARRANT THAT THE DIIO SERVICE, THE SITE,
OR THE DIIO CONTENT (OR ACCESS THERETO) WILL BE ERROR FREE, CURRENT, OR UNINTERRUPTED, OR THAT
ALL ERRORS CAN OR WILL BE CORRECTED. DIIO MAKES NO OTHER WARRANTIES WITH RESPECT TO THE DIIO SERVICE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR
OTHERWISE, AND DIIO EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
7. Limitations of Liability.
7.1 CUSTOMER AGREES THAT IN NO EVENT WILL DIIO OR ITS LICENSORS BE LIABLE TO CUSTOMER OR TO ANY
THIRD PARTY CLAIMING THROUGH CUSTOMER FOR THE RESULTS OF CUSTOMER’S OR ITS AUTHORIZED USERS’ USE OF THE DIIO SERVICE, THE SITE, OR THE DIIO
CONTENT, OR FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES EVEN
IF DIIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.2 THE CUMULATIVE LIABILITY OF DIIO AND ITS
LICENSORS TO CUSTOMER FOR ALL CLAIMS ARISING UNDER THIS AGREEMENT, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING NEGLIGENCE, SHALL NOT
EXCEED THE TOTAL AMOUNT OF ALL FEES PAID TO DIIO HEREUNDER.
8. Indemnification. Diio shall, at its expense, defend,
indemnify, and hold Customer and its Authorized Users harmless from and against any claim, suit, proceeding or loss, damages, or liability of any kind resulting from, arising out of, or related to a
claim that the software used to provide the Diio Service and/or the Diio Content infringes or misappropriates any third party copyright, trade secret, or U.S. patent; provided that Customer
provides Diio with prompt notice of such claims, gives Diio the sole right to control the defense of such claims, and provides Diio
with reasonable assistance with respect to the defense thereof. In the event that the use of the Diio Service is or may be enjoined, Diio will use commercially reasonable efforts to replace the infringing Diio Service with a non-infringing version of the Diio Service of substantially equivalent functionality. CUSTOMER ACKNOWLEDGES THAT THE FOREGOING INDEMNITY AND
LIMITED REMEDY IS CUSTOMER’S SOLE AND EXCLUSIVE REMEDY, AND DIIO’S SOLE AND EXCLUSIVE LIABILITY, WITH RESPECT TO THE INFRINGEMENT BY THE DIIO
SERVICE AND THE DIIO CONTENT OF ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS.
9. Confidential Information. For the purposes of this Agreement, “Confidential Information” means any and all: (i) technical and non-technical information including patent, trade secret, and proprietary information, techniques, sketches,
drawings, models, inventions, know-how, processes, apparatus, equipment, and algorithms related to the Diio Service, the Diio Content, or the Site; (ii) information relating to costs, prices and
names, finances, marketing plans, business opportunities, personnel, research, development, or know-how; and (iii)
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information designated by either party as confidential in writing or, if disclosed orally, reduced to writing within thirty (30) days. Notwithstanding the foregoing, “Confidential Information” shall not
include information that: (1) is or becomes generally known or available by publication, commercial use, or otherwise through no fault of the receiving party; (2) is known and has been reduced to
tangible form by the receiving party at the time of disclosure and is not subject to restriction; (3) is independently developed or learned by either party; or (4) is released for publication in writing. Each party agrees that it will not, and will ensure that its employees, agents, and contractors will not, make use of,
disseminate, or in any way disclose any Confidential Information of the other party to any person, firm, or business, except for any purpose the disclosing party may hereafter authorize in writing.
Each party agrees that it will treat all Confidential Information with the same degree of care as it accords to its own Confidential Information, and each party represents that it exercises
reasonable care to protect its own Confidential Information. The Parties acknowledge that the Customer is subject to the Georgia Open Records Act.
10. Term. The term of this Agreement shall begin on the
Effective Date and shall continue for the period set forth in Exhibit B, unless earlier terminated as set forth below (the “Initial Term”).
Thereafter, Customer will have the option to renew this Agreement for up to two (2) additional one (1) year periods unless another renewal term is set forth in Exhibit B, in which case that
term will apply (each, a “Renewal Term”), unless either party provides the other party with written notice of its intent not to renew at least sixty (60) days prior to the end of the then-current term. The Agreement shall terminate absolutely and without further obligation on the part of the Customer at the close of the
calendar or fiscal year in which it was executed and at the close of each succeeding calendar or fiscal year for which it may be renewed as provided in O.C.G.A. § 36-60-13. Collectively, the
Initial Term and the Renewal Term shall be referred to in this Agreement as the “Term.”
11. Termination. Either party may terminate this Agreement
upon thirty (30) days’ written notice of a material breach of this Agreement by the other party if such breach is not cured within such thirty (30) day period; provided, however, that any willful
unauthorized access, use, copying, disclosure, distribution, or sublicensing of the Diio Service, the Diio Content, Reports, or the Site by Customer or any Authorized User will be deemed a
material breach of this Agreement that cannot be cured. In addition to the foregoing, either party may terminate this Agreement immediately upon the insolvency, filing for bankruptcy (whether voluntary or involuntary), receivership, or general assignment for the benefit of creditors of the other party. Upon the expiration or earlier termination of the Agreement: (i) each party will return to the other party any Confidential Information of the other party; (ii) all fees for services rendered prior to the
effective date of termination shall be immediately due and payable; and (iii) Customer and each Authorized User will no longer be provided access to the Diio Service or the Site.
12. Miscellaneous. This Agreement shall be governed by
the laws of the State of Georgia, without reference to conflict of
laws principles. Customer acknowledges that the Diio Service and the Diio Content may be subject to the export controls laws and regulations of the United States and other jurisdictions.
Customer, for itself and its Authorized Users, agrees, TO THE EXTENT PERMITTED BY LAW, to faithfully comply with all such laws and regulations, and agrees to hold Diio entirely harmless from and against any liability, costs, damages, or expenses of any kind, including without limitation attorneys’ fees, related to
Customer’s breach of such laws and regulations. Except for Diio’s right to seek injunctive relief to protect its proprietary rights hereunder, the parties hereby consent and submit to the exclusive
jurisdiction of the federal and state courts sitting in the State of Georgia for the resolution of any dispute arising out of this Agreement. The English language text of this Agreement shall
prevail over any translation into any other language. Except for the obligation to make payments, non-performance of either party shall be excused to the extent the performance is rendered
impossible by strike, fire, flood, governmental acts or orders or restrictions, failure of suppliers, or any other reason where failure to perform is beyond the reasonable control of and is not caused by the negligence of the non-performing party. Any failure by a party at any time or from time to time to enforce or require strict compliance with any term or condition of this Agreement will not
constitute a waiver of such term or condition. No waiver will be enforceable unless embodied in a writing signed by the party
charged with such waiver. Except as explicitly provided herein, this Agreement may not be modified except by a written instrument signed by both parties. In the event of the invalidity, in
whole or in part, of any term of this Agreement, the parties agree that such invalidity shall not affect the validity of any other term of this Agreement and that such term shall be subject to partial
enforcement to the extent permitted under applicable law. Any notice required or permitted to be sent under this Agreement shall be delivered by hand, by overnight courier, or by registered mail,
return receipt requested, to the address of the parties set forth in this Agreement or to such other address of the parties designated in writing in accordance with this subsection. This Agreement is
not assignable by Customer without the prior written consent of Diio, which consent shall not be unreasonably withheld. Any attempt at assignment by Customer, including by means of
merger, acquisition, operation of law, or otherwise, without such consent shall be null and void and of no force and effect. Subject to the foregoing, this Agreement shall inure to the benefit of and be binding upon the parties, their successors, and assigns. Sections 1, 3 (with respect to any fees generated prior to the
effective date of termination), and 5 through 12 shall survive the expiration of this Agreement. This Agreement, the Terms of Service, and the Exhibits attached hereto set forth the entire
understanding and agreement between Customer and Diio and supersede all prior or contemporaneous proposals or communications, oral or written, between the parties relating to
the subject matter of the Agreement. In the event of any conflict between this Agreement, the Terms of Service, and the Exhibits, this Agreement shall be controlling.
[END OF TERMS AND CONDITIONS]
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EXHIBIT A DESCRIPTION OF DIIO SERVICE
The Diio Service includes the following data, tools and information:
• Worldwide Airline Schedule Data
• U.S. Department of Transportation (“DOT”) Origin and Destination (“O&D”) Data (“DB1B”)
• U.S. DOT Onboard Data (“T-100”)
• Miscellaneous Tools
• Demographics Map tool
• Reference Data
• Airline Codes, Names, and Alliance Members
• Airline Equipment Types and Seat Counts
• Airport Codes, Names, and Locations
• Great Circle Route Distance Calculators
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EXHIBIT B AUTHORIZED USER FEES
Authorized User Fees for Initial Term:
Number of Authorized Users Total Authorized User Fee Quarterly Authorized User Fee
2
$9,900
$2,475
Initial Term: One (1) year
Payment Terms: Diio shall issue invoices for the Authorized User Fees quarterly, in advance. All fees shall be due
within thirty (30) days from the invoice date. Payments made by wire transfer should include the wire transfer fee of the outgoing bank, in addition to the Authorized User Fee.
Invoicing Information: .
Diio Contact Information for Invoicing
Name: Eva Cooper
Address: Diio, LLC P.O. Box 146 Mt. Vernon, VA 22121-0146
Phone: (703) 956-1389 Fax: (703) 595-2040 E-Mail: eva.cooper@diio.net
Customer’s primary contact, Diane Johnston, will also handle invoicing, with the contact info given at the beginning of this Agreement.
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EXHIBIT C SERVICE LEVELS AND SUPPORT
1. Definitions.
1.1 “Force Majeure Event” means (i) compliance with any act, order, demand, or request of any government or governmental authority, agency, or instrumentality; (ii) labor disputes, difficulties, work stoppages, or work
slowdowns of any kind; (iii) hurricane, earthquake, flood, and other natural disasters or fires; (iv) war, rebellion, or civil disorder; or (v) any other cause beyond Diio’s reasonable control.
1.2 “Maintenance Outage” means a planned or unplanned maintenance period, including without limitation any maintenance downtime or maintenance outage, not to exceed an aggregate of fifteen (15) hours in any three (3) calendar month period during the Term and, in any case, no more than seven and one-half (7½) hours per calendar
month. 1.3 “Service Outage” means any time when the Diio Service is inoperable or unavailable due to or caused by reasons within Diio’s control, excluding specifically the following reasons: (i) Customer’s own Internet service provider; (ii) a Force Majeure Event; (iii) any systemic Internet failures; or (iv) any failure in a Customer’s own
hardware, software, or network connection. 1.4 “Unit Hours of Operation” shall be twenty-four (24) hours per day, three-hundred sixty-five (365) days
per year, excluding any Maintenance Outage. 2. Availability of Services. Diio will use commercially reasonable efforts to ensure that the Diio Service will
be available at least ninety-nine percent (99%) of the time measured monthly, using the following formula: Uptime = Unit Hours of Operation minus Service Outages
Unit Hours of Operation 3. Maintenance Outages. Diio will post a notification on the Site for each Maintenance Outage at least forty-
eight (48) hours in advance, whenever practicable of the occurrence of any such outage. Diio will use commercially reasonable efforts to perform scheduled maintenance between 8:00 p.m. Friday and 8:00 a.m. Monday, Pacific Time. 4. Support Services. Diio shall provide telephone and email support to Customer for problems that interrupt or significantly impair the operation of the Diio Service. A designated Diio customer service representative will respond to all emails within two (2) U.S. business days of each Customer query. Diio will provide status updates at regular intervals as appropriate until the issue has been satisfactorily resolved. In addition, Diio will track and correct all reproducible problems related to the functionality of the Diio Service within two (2) U.S. business days of receiving a report thereof.
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AUGUSTA-RICHMOND COUNTY, GEORGIA
_______________________________________
By: Mayor Deke Copenhaver Date
ATTEST:_____________________________
Lena Bonner, Clerk Date
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Request for Proposal
Request for Proposals will be received at this office until Friday, July 11, 2014 @ 11:00 a.m. for furnishing:
RFP Item #14-178 Aviation Statistical Data Services for Augusta Regional Airport
RFPs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of:
Geri A. Sams, Director
Augusta Procurement Department
530 Greene Street - Room 605
Augusta, Georgia 30901
RFP documents may be viewed on the Augusta Georgia web site under the Procurement Department
ARCbid. RFP documents may be obtained at the office of the Augusta, GA Procurement Department, 530
Greene Street – Room 605, Augusta, GA 30901.
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 27,
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 June 5, 12, 19, 26, 2014
Metro Courier June 11, 2014
Revised: 8/15/2011
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Item # 13
UNOFFICIAL
VENDORS Attachment
B
E-Verify
#
SAVE
Form Original 7 Copies Fee
Proposal
OAG Worldwide
3025 Highland Parkway
Suite 200
Downer Grove, IL 60515
Yes 352889 Yes Yes Yes Yes
Diio, LLC
1775 Wiehle Ave Suite 330
Reston, VA 20190
Yes 767104 Yes Yes Yes Yes
Sixel Consulting Group
Headquarters
497 Oakway Road Suite 220
Eugene, Oregon 97401
Yes 412961 Yes Yes Yes Yes
RFP Opening
RFP Item #14-178
Aviation Statistical Data Service
for Augusta, Georgia - Augusta Regional Airport
RFP Due: Friday, July 11, 2014 @ 11:00 a.m.
The following vendors did not respond:
The Boyd Group / 78 Beaver Brook Canyon Rd., / Evergreen, CO 80439
Data Base Product, Inc., / 12770 Coil Road, Suite 1218 / Dallas, Texas 75251
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Item # 13
OAG Worldwide
3025 Highland Parkway
Suite 200
Downer Grove, IL 60515
Diio, LLC
1775 Wiehle Ave Suite 330
Reston, VA 20190
Sixel Consulting Group
Headquarters
497 Oakway Road Suite 220
Eugene, Oregon 97401
Evaluation Criteria Points
1. Schedule information
and DOT data sets 30 25.0 27.7 19.0
2. Mapping tool and
demographic information 20 0.0 19.0 15.3
3. Report capabilities and
customization features 30 26.7 28.0 17.3
4. Product improvements
and product support 20 12.7 19.3 6.0
Total Points 100 64.3 94.0 57.7
Cumulative Evaluation Sheet - RFP Item #14-178
Aviation Statistical Data Service
for Augusta, Georgia - Augusta Regional Airport
Vendors
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Commission Meeting Agenda
9/16/2014 2:00 PM
Fleming Tennis Center Improvement Project
Department:Recreation, Parks and Facilities
Caption:Motion to award the contract for Bid Item 14-183, Fleming
Tennis Center Improvements to the low, responsive bidder, Larry
Pittman & Associates of Augusta, Georgia. Their lump sum base
bid was $498,752.58 and the recommended add alternate for
$61,525.00 for a total contract price of $560,277.58
Background:Funding was made available through SPLOST VI for facility
expansion and improvements to Fleming Tennis Center in the
approved amount of $600,000.
Analysis:Bid Item 14-183 was issued to solicit pricing to provide
improvements to Fleming Tennis Center. A total of four (4) bids
were received with the low bidder declining the bid because of
oversight on electrical requirements. Staff and consultants have
reviewed the next lowest and responsive bidder and verified they
have the entire scope of work covered. The base bid was
$498,752.58 provides for two new lighted hard courts and
associated site work, and the restoration of an existing five (5)
court complex to include new lighting and associated site work.
The recommended add alternate, to add vinyl coated fencing to the
project was $61,525.00 Staff recommends award of the base bid
and Alternate 2 for a contract amount of $560,277.58. This is
within the estimated project budget.
Financial Impact:The cost of the contract $530,277.58 is to be funded from
SPLOST VI and $30,000 is to be funded through a United States
Tennis Association (USTA) Grant.
Alternatives:1. Award the contract for the Bid Item 14-183, Fleming Tennis
Center Improvements, to Larry Pittman & Associates in the
amount of $560,277.58 2. Do not approve the award thus delaying
improvements to this tennis complex.
Recommendation:1. Approve the award of Bid Item 14-183.Cover Memo
Item # 14
Funds are Available
in the Following
Accounts:
SPLOST VI – 328061110 - 213066204 USTA Grant Fund
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
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Commission Meeting Agenda
9/16/2014 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.
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 # 15
REVIEWED AND APPROVED BY:
Cover Memo
Item # 15
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 # 15
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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 # 15
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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 # 15
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“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 # 15
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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 # 15
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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 # 15
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(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 # 15
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(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 # 15
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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 # 15
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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 # 15
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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 # 15
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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 # 15
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 # 15
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 # 15
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 # 15
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 # 15
Commission Meeting Agenda
9/16/2014 2:00 PM
Reeves Construction Change Modification #1 - Credit Card Lot Repairs
Department:Augusta Regional Airport
Caption:Motion to approve the Reeves Construction Change Modification
#1 for the Credit Card Lot Repairs as approved by the Augusta
Aviation Commission at their August 28, 2014 Meeting.
Background:The original scope of work provides for the repair of the Credit
Card Parking Lot at the Augusta Regional Airport, and shall be
performed by Reeves Construction for a contract amount of
$336,100.50. This change order modifies the original construction
costs due to the Airport providing the gate equipment for the lots
and additional asphalt at the entrance to the lot
Analysis:As a result of this Change Order, a credit in the amount of
$26,882.00 will be made the original contract costs. Therefore, the
new Contract Amount will be $309,218.50. The contract time will
remain the same.
Financial Impact:A credit to the original contract of $26,882.00.
Alternatives:Deny request.
Recommendation:Approve the Credit Change Modification to Reeves Construction
in the amount of $26,882.00.
Funds are Available
in the Following
Accounts:
551 08 1201 5421110
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Cover Memo
Item # 16
Administrator.
Clerk of Commission
Cover Memo
Item # 16
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Commission Meeting Agenda
9/16/2014 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
from 12 Noon to 1:00 p.m. and starting Public Services
Committee at 1:00 p.m. (Approved by the Commission
September 2, 2014 - second reading)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 17
Attachment number 1 \nPage 1 of 3
Item # 17
Attachment number 1 \nPage 2 of 3
Item # 17
Attachment number 1 \nPage 3 of 3
Item # 17
Commission Meeting Agenda
9/16/2014 2:00 PM
Employee Retention Incentive and Vacation Buy Back Program
Department:Clerk of Commission
Caption:Motion to approve employee retention incentive and vacation buy
back program subject to staff bring back financial information on
both items to the commission for final approval. (Approved by
Administrative Services Committee September 8, 2014)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 18
Commission Meeting Agenda
9/16/2014 2:00 PM
Administrator Position
Department:
Caption:Discuss the appointment of the city administrator. (Requested by
Commissioner Ben Hasan)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 19
Commission Meeting Agenda
9/16/2014 2:00 PM
James Henry
Department:
Caption:Update from staff regarding James Henry settlement of claims.
(Requested by Commissioner Marion Williams)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 20
Commission Meeting Agenda
9/16/2014 2:00 PM
Downtown Parking Meter Proposal
Department:
Caption:Discuss the downtown parking meter proposal. (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 # 21
Commission Meeting Agenda
9/16/2014 2:00 PM
Motion to Approve Patrol Agreement with the Housing Authority
Department:Sheriff
Caption:Motion to approve Patrol Agreement with the Housing Authority.
Background:This is an annual contract that is in substantially the same form as
it has been in previous years. It is for the reimbursement of
officers employed specifically for the purpose of patrolling
projects owned by the Housing Authority. This agreement would
go into effect 1/1/2015 and renew annually unless 90 day notice to
terminate is given.
Analysis:
Financial Impact:All expenses associated with employing these 8 officers are
reimbursed by the Housing Authority
Alternatives:Deny
Recommendation:Approve
Funds are Available
in the Following
Accounts:
None
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 22
Attachment number 1 \nPage 1 of 9
Item # 22
Attachment number 1 \nPage 2 of 9
Item # 22
Attachment number 1 \nPage 3 of 9
Item # 22
Attachment number 1 \nPage 4 of 9
Item # 22
Attachment number 1 \nPage 5 of 9
Item # 22
Attachment number 1 \nPage 6 of 9
Item # 22
Attachment number 1 \nPage 7 of 9
Item # 22
Attachment number 1 \nPage 8 of 9
Item # 22
Attachment number 1 \nPage 9 of 9
Item # 22
Commission Meeting Agenda
9/16/2014 2:00 PM
Paine College
Department:
Caption:Discuss the policing and the detention authorities of Paine
College. (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 # 23
Commission Meeting Agenda
9/16/2014 2:00 PM
2014 - Coroner's Truck
Department:Finance Department - Fleet Management
Caption:Approve the acquisition of one vehicle for the Coroner’s Office.
Background:The Coroner’s Office employees, including the Coroner, respond
to calls within the Augusta area and can be called out 24/7-365
days a year. Through a federal grant, the Coroner’s Office has
recently purchased a disaster response mobile morgue trailer but
currently has no vehicle capable of towing it to a potential
emergency site. Fleet Management is recommending the
acquisition of one Ford F250 pickup truck to satisfy this
requirement. This vehicle can also be used by the staff for many of
the Coroner’s regular daily duties as well. The vehicle tabsheet
has been attached for your review
Analysis:Fleet Management submitted a request for bids through the
Procurement Department utilizing the Demand Star electronic bid
system which offers nationwide bid coverage. The Procurement
Department received quotes back from 4 vendors, the results are
as follows: Bid 14-116 Allen Vigil Ford (Fayetteville) =
$28,900.00 each; Allen Vigil Ford (Morrow) = $25,953.00 each;
Bobby Jones Ford = $26,698.00; Thomson Motor Centre =
$26,396.00 each. NOTE: Bobby Jones Ford will be offered the
opportunity to match the lowest non-local bid price of $25,953.00
through Augusta’s Local Vendor Preference program.
Financial Impact:The cost of the vehicle is $25,953.00. Funding for the
procurement of this equipment will be through the current
SPLOST VI sales tax (fourth year).
Alternatives:1) approve the recommendation, 2) disapprove the
recommendation.
Recommendation:Approve the acquisition of the vehicle for the Coroner’s Office for
$25,953.00.
Cover Memo
Item # 24
Funds are Available
in the Following
Accounts:
Phase VI of Sales Tax Referendum - Public Safety Vehicles.
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 24
Attachment number 1 \nPage 1 of 1
Item # 24
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 2 \nPage 1 of 1
Item # 24
Bobby Jones Ford
3480 Wrightsboro
Road
Augusta, GA 30909
Allan Vigil Ford
Lincoln Mercury
6790 Mount Zion
Boulevard
Morrow, GA 30260
Allan Vigil Ford
Fayetteville
275 Glen Street N
Fayetteville GA
30214
Thomson Chrysler
Dodge Ram
2158 Washington Rd.
NE
Thomson, GA 30824
YES YES YES YES
117480 94460 224348 369935
YES YES YES YES
5.01 Full-Size Truck-Reg Cab $21,255.00 $19,999.00 $22,220.00 $21,947.00
5.02 Full-Size Truck-Reg Cab $23,586.00 $22,580.00 $24,715.00 $23,513.00
5.03 Full-Size Truck-Ext Cab $23,337.00 $22,092.00 $24,565.00 N/A
5.04 Full-Size Truck-Ext Cab $24,978.00 $24,592.00 $27,078.00 N/A
5.05 Full-Size Truck-Crew Cab4 $24,556.00 $23,295.00 $25,619.00 $24,278.00
5.06 Full-Size Truck-Crew Cab4 $27,096.00 $25,875.00 $28,132.00 $24,943.00
5.07 Diesel Engine, min 6.0 lite $7,088.00 $7,088.00 $8,315.00 SEE EXCEPTIONS
5.08 Heavy Duty tow package STANDARD N/A STANDARD STANDARD
5.09 Rear Seat (Extended Cab)N/A N/A N/A N/A
5.10 Pickup Box Deleted -$281.00 -$250.00 -$533.00 -$127.00
5.11 Trailer Tow Mirrors STANDARD STANDARD STANDARD SEE EXCEPTIONS
5.12 Black platform running brds $273.00 $316.00 $370.00 $560.50-693.00
5.13 Electric windows and do loc $763.00 $942.00 $1,105.00 SEE EXCEPTIONS
5.14 Roof Clearance Lights $48.00 $48.00 $55.00 $68.00
5.15 Speed Control/Tilt Steering $200.00 $200.00 $235.00 STANDARD
5.16 Skid Plate Pack (4X4 only)$85.00 $85.00 $100.00 $43.00
6.01 Fire Extinguisher $48.00 $85.00 $82.00 $81.12
6.02 Outlet Receptacle $55.00 $45.00 $39.00 $38.95
6.03 Bedliner $300.00 $325.00 $370.00 $370.00
6.04 Electric Brake Controller $196.00 $196.00 $160.00 $196.00
6.05 Service Body $4,549.00 $4,200.00 $4,100.00 $4,100.00
6.06 Service Body Bumper BH $346.00 $395.00 $395.00 $395.00
6.07 Service Body Bumper PH $280.00 $435.00 $432.00 $432.00
6.08 Spotlight $295.00 $415.00 $402.00 $402.00
6.09 Spotlights $590.00 $830.00 $804.00 $804.00
6.10 Toolbox $240.00 $300.00 $403.00 $403.00
6.11 Trailer Hitch STANDARD $45.00 $355.00 SEE EXCEPTIONS
6.12 Trailer Wiring STANDARD NO CHARGE $75.00 STANDARD
6.13 Trailer Ball $10.00 $25.00 $90.00 $24.55
Bid Item #14-116
8500 GVW Series Pickup Truck
for Augusta, Georgia - Fleet Department
Bid Opening Date: Wednesday, January 15, 2014 @ 11:00 a.m.
Vendors
5.00 Vehicle/Options Required
6.00 Outfitter's Specialty Items
Attachment B
E-Verify Number
SAVE Form
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Attachment number 3 \nPage 1 of 2
Item # 24
Bobby Jones Ford
3480 Wrightsboro
Road
Augusta, GA 30909
Allan Vigil Ford
Lincoln Mercury
6790 Mount Zion
Boulevard
Morrow, GA 30260
Allan Vigil Ford
Fayetteville
275 Glen Street N
Fayetteville GA
30214
Thomson Chrysler
Dodge Ram
2158 Washington Rd.
NE
Thomson, GA 30824
Bid Item #14-116
8500 GVW Series Pickup Truck
for Augusta, Georgia - Fleet Department
Bid Opening Date: Wednesday, January 15, 2014 @ 11:00 a.m.
Vendors
6.14 Pintle Hook $125.00 $155.00 $183.00 $183.00
6.15 Pipe Vise $258.00 $300.00 $294.00 $294.00
6.16 Tommy Gate Lift $2,275.00 $2,200.00 $2,076.00 $2,076.00
6.17 Window Tint, Reg Cab $90.00 $125.00 $150.00 $150.00
6.18 Window Tint, Ext Cab $105.00 $150.00 $175.00 $175.00
6.19 Window Tint, Crew Cab $125.00 $175.00 $200.00 $200.00
7.01 Backup Alarm $35.00 $75.00 $75.00 $75.00
7.02 Magnetic LED Light $355.00 $695.00 $645.00 $645.00
7.03 LED Top Mount Light $462.00 $680.00 $620.00 $620.00
2015 2015 2015 2014
FORD FORD FORD RAM
F2B
X2A
X2B
W2A
W2B F-250 F-250 $2,500.00
90 DAYS 60 TO 90 DAYS ARO 14 TO 16 WEEKS ARO 6 TO 10 WEEKSApp Delivery Time
The following venodrs submitted a statement of "No Bid":
Carl Black Chevrolet / 110 Roberts Blvd. / Kennesaw, GA 30144
7.00 Alert Warning Systems
Year
Make
Model
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Commission Meeting Agenda
9/16/2014 2:00 PM
2014 - Utilities Replacement of Rodder Truck
Department:Finance Department - Fleet Management Division
Caption:Approve the replacement of 1 older model mechanical rodder
truck with more modern water based jet rodder truck for Augusta
Utilities Department-Construction and Maintenance Division.
Background:Augusta Utilities Department-Construction and Maintenance
Divisiont would like to request replacement of 1 older mechanical
rodder truck, asset number F00114, a 2001 model with 140,428
miles but also substantial wear and tear due to the nature of these
type rodder systems. The replacement vehicle will incorporate a
more modern water jet system with no mechanical parts to wear
out like the older units and also a much more efficient cleaning
system. Vehicle evaluation and bid tabsheet results are attached
for your review.
Analysis:The Procurement Department published a competitive bid using
the Demand Star application for the jet rodder trucks: Bid 14-171
results were as follows: (1) P & H Supply Company =
$113,647.00; (2) Bobby Jones Ford = $114,626.00; (3)
Environmental Products of Georgia = $122,228.00.
Financial Impact:The proposed jet rodder truck will be purchased for $113,647.00.
The department will purchase the vehicles through the Georgia
Municipal Association Lease Program for 3 annual payments of
$37,882.33 each
Alternatives:(1) Approve the request; (2) Do not approve the request
Recommendation:Approve the purchase of 1 jet rodder truck.
Funds are Available
in the Following
Accounts:
GMA Lease Program-631-00-0000/11-19114
Cover Memo
Item # 25
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 25
Attachment number 1 \nPage 1 of 2
Item # 25
Attachment number 1 \nPage 2 of 2
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Attachment number 2 \nPage 1 of 1
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Invitation to Bid
Sealed bids will be received at this office on Friday, June 6, 2014 @ 11:00 a.m. for furnishing:
Bid Item 14-171 Sewer Jet Rodder 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, May 23,
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 1, 8, 15, 22, 2014
Metro Courier May 7, 2014
Revised: 3/7/2013
Attachment number 3 \nPage 1 of 1
Item # 25
UNOFFICIAL
Vendors
ENVIRONMENTAL PRODUCTS
OF GEORGIA
4815 MENDEL COURT SW
ATLANTA, GA 30336
BOBBY JONES FORD
P.O. BOX 15398
AUGUSTA, GA 30919
P & H Supply Co.
101 Lennox Ave
Warrenton, GA 30828
Attachment B YES
YES
YES
E-Verify Number 312637 117480 217394
SAVE Form YES YES YES
Year 2015 2015 $2,015.00
Make FORD FORD FORD
Model F550 XL F-550 F-550 4X4
Year 2014 2014 2014
Make PIPEHUNTER SEWER EQUIPMENT
OF AMERICA
SEWER
EQUIPMENT
OF AMERICA
Model 7834TM 747FR2000eco 747 TRUCK ECO
Bid Price $122,228.00 $114,626.00 $113,647.61
Sewer Jet Rodder Truck:
Body:
Bid Item #14-171
Sewer Jet Rodder Truck
for Augusta, GA - Fleet Management Department
Bid Opening Date: Friday, June 6, 2014 @ 11:00 a.m.
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Attachment number 4 \nPage 1 of 2
Item # 25
UNOFFICIAL
Proposed Delivery
Schedule 120-150 DAYS 12 WEEKS 120-180 DAYS
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Commission Meeting Agenda
9/16/2014 2:00 PM
2014 - Utilities RWPS Crane Truck
Department:Finance Department - Fleet Management Division
Caption:Approve a request from the Augusta Utilities Department-Water
Production Division to purchase a new F-350 Crew Cab
maintenance truck with small crane.
Background:The Water Production Division requests the acquisition of one
multi-purpose maintenance/crane truck to handle the maintenance
required for the operation of the department’s water production
systems at the canal and other locations. The maintenance duties
will include upkeep of water production equipment, buildings, and
various other duties primarily along the canal area. The new
maintenance truck with a small sized crane application is
necessary to accomplish this requirement.
Analysis:Fleet Management submitted a request for bids through the
Procurement Department utilizing the Demand Star electronic bid
system which offers nationwide bid coverage. The Procurement
Department received quotes back from five vendors. The results
of the bid submittals are as follows: Allan Vigil Ford-Fayetteville
= $74,177.00 each; Allan Vigil Ford of Morrow, Ga. = $72,207.00
each; Bobby Jones Ford = $69,582.00 each; Fairway Ford =
$73,025.00 each; Thomson Motor Centre = $74,866.00
Financial Impact:The maintenance truck will be purchased for $69,582.00 using the
GMA Lease Program with 3 annual payments of $23,194.00 each.
Alternatives:1. Approve the request,(2) Do not approve the request.
Recommendation:Approve request to purchase a maintenance truck for the Augusta
Utilities Department-Water Production Division.
Funds are Available
in the Following
Accounts:
GMA Lease Program:631-00-0000-11-19114
Cover Memo
Item # 26
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 26
Attachment number 1 \nPage 1 of 1
Item # 26
Commission Meeting Agenda
9/16/2014 2:00 PM
2014 - Utilities Trencher
Department:Finance Department - Fleet Management Department
Caption:Motion to approve the acquisition of one new ride-on trencher for
the Utilities Department - Facilities Maintenance Division.
Background:The Augusta Utilities Department-Facilities Maintenance
Division, requests the purchase of one ride-on type trencher to
assist in the ongoing larger ditching projects located throughout
Augusta. It will increase the efficiency of running water lines
and/or sewer Lines. The new trencher will help tremendously in
their daily tasks of inground installations.
Analysis:The Procurement Department published a competitive bid using
the Demand Star electronic bid system with the following results:
Bid 14-188; Vermeer South East Sales & Service, Inc. =
$51,980.00; Ditch Witch of Georgia = Non-Compliant bid. The
bid results are attached for review.
Financial Impact:The proposed ride-on trencher will be purchased for a price of
$51,980.00 through the use of the Georgia Municipal Association
lease program with three annual payments of $17,326.67.
Alternatives:1. approve the request, 2. disapprove the request.
Recommendation:Approve the purchase of the ride-on trencher
Funds are Available
in the Following
Accounts:
GMA Lease Program: 631-00-0000/11-19114
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Cover Memo
Item # 27
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 27
Attachment number 1 \nPage 1 of 1
Item # 27
Invitation to Bid
Sealed bids will be received at this office on Wednesday, July 30, 2014 @ 11:00 a.m. for furnishing:
Bid Item 14-188 Ride-On Trencher 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, July 18,
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 June 26, July 3, 10, 17, 2014
Metro Courier July 2, 2014
Revised: 3/7/2013
Attachment number 2 \nPage 1 of 1
Item # 27
UNOFFICIAL
Vendors
DITCH WITCH
1633 DEAN FOREST
ROAD,
SAVANNAH, GA 31408
VERMEER SE SALE &
SERVICE
1320 GRESHAM ROAD
MARIETTA, GA 30062
Attachment B YES
E-Verify Number 111350
SAVE Form YES
Make VERMEER
Model RTX450
Bid Price $51,980.00
Make VEMEER
Model SO455
Bid Price INCLUDED
Proposed Delivery
Date 1 WEEK
The following vendors did not respond:
NEFF EQUIPMENT CO / 2325 TUBMAN HOME RD / AUGUSTA, GA 30906
HERTZ EQUIPMENT CO / 2017 RAWLEY RD / AUGUSTA, GA 30906
SUNBELT EQUIPMENT CO / 2530 PEACH ORCHARD RD. / AUGUSTA, GA 30906
SOUTHEASTERN EQUIP CO / 5115 BRISCOL INDUSTRIAL WAY / BUFORD, GA 30518
Bid Item #14-188
Ride-On Trencher
for the Augusta, GA -
Fleet Management Department
Bid Opening Date: Wednesday,
July 30, 2014 @ 11:00 a.m.
NON
COMPLIANT
Tractor
.
2014 Trencher
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Attachment number 3 \nPage 1 of 1
Item # 27
Attachment number 4 \nPage 1 of 1
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Commission Meeting Agenda
9/16/2014 2:00 PM
AN ORDINANCE TO AMEND THE AUGUSTA, GA CODE TO CREATE TITLE TWO CHAPTER
TWO ARTICLE SEVEN SECTIONS 2-2-57 THROUGH 2-2-66 RELATING TO THE PROVISION OF
A LOCAL EXCISE TAX ON ENERGY USED IN MANUFACTURING
Department:Finance / Administrator
Caption:An Ordinance to amend the Augusta, GA Code to create Title
Two Chapter Two Article Seven Sections 2-2-57 through 2-2-66
relating to the provision of a local excise tax on energy used in
manufacturing; to repeal all Code Sections and Ordinances and
parts of Code Sections and Ordinances in conflict therewith; to
provide an effective date and for other purposes.
Background:Beginning January 1, 2013 HB 386 eliminated sales tax being
charged on energy used in manufacturing. The elimination is
being phased in over a four year period starting in 2013. HB 386
also allows a county by ordinance to phase in a 2% excise tax to
replace the sales tax on energy used in manufacuring over the
same 4 year periond. The rate of phase-in would mirror the
schedule of the phase-out of the sales tax (25% per year).
Analysis:Once fully phased-in in 2016 the loss of revenue from the
elimination of sales tax on energy used in manufacturing will be
an estimated $3,5000,000 to $4,000,000. The excise tax on energy
used in manufacturing is not a new tax, it is a replacement of a
sales tax that was eliminated by the Georgia Legislature. If the
excise tax is approved manufactors will still enjoy a 4% reduction
in the sales tax paid on energy used in manufacturing.
Financial Impact:estimated revenue generated 2015 - $2,500,000 - $3,000,000 2016
and thereafter - $3,500,000 - $4,000,000
Alternatives:Do not implement excise tax
Recommendation:Approve ordinance
Cover Memo
Item # 28
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 28
ORDINANCE NO. ___________
AN ORDINANCE TO AMEND THE AUGUSTA, GA CODE TO CREATE
TITLE TWO CHAPTER TWO ARTICLE SEVEN SECTIONS 2-2-57
THROUGH 2-2-66 RELATING TO THE PROVISION OF A LOCAL
EXCISE TAX ON ENERGY USED IN MANUFACTURING; TO REPEAL
ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE
SECTIONS AND ORDINANCES IN CONFLICT THEREWITH; TO
PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES.
WHEREAS, O.C.G.A. §48-13-110, et seq., authorizes counties and municipalities
to impose an excise tax on the sale, use, storage, or consumption of energy; and
WHEREAS, the consolidated government of Augusta, Georgia desires to impose
such excise tax and pursuant to O.C.G.A. §43-13-113 has met and conferred with
each municipality in the county and has executed an intergovernmental agreement
with the following jurisdictions: the City of Blythe and the City of Hephzibah.
THE AUGUSTA GEORGIA COMMISSION, ordains as follows:
SECTION 1. AUGUSTA, GA. CODE Sections 2-2-57 through 2-2-66 are hereby
created, as set forth in “Exhibit A” hereto.
SECTION 2. This ordinance shall become effective upon its adoption in
accordance with applicable laws, except that the imposition of the excise tax shall
become effective as governed by Sec. 2-2-64, Commencement of Collections and
by the Official Code of Georgia Annotated, Section 48-13-116.
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:
Attachment number 1 \nPage 1 of 8
Item # 28
______________________________
Lena J. Bonner, Clerk of Commission
Seal:
Attachment number 1 \nPage 2 of 8
Item # 28
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: ______________________
First Reading ______________________
Second Reading ______________________
Attachment number 1 \nPage 3 of 8
Item # 28
EXHIBIT A
ARTICLE 7 ENERGY EXCISE TAX
Sec. 2-2-57. Short Title.
This Article shall be known as the “Augusta, Georgia Energy Excise Tax
Ordinance.”
Sec. 2-2-58. Findings and Intent.
This ordinance is adopted to address the interest of public finance. Georgia law
authorizes counties and municipalities to impose an excise tax on the sale or use of
energy but the imposition of the excise tax on the sale or use of energy in the law is
contingent upon the enactment of an ordinance of the county or municipality in
question. In order for the county or municipality to properly impose such excise
tax the county or municipality must follow all of the provisions of Article 6 of
Chapter 13 of Title 48 of the Official Code of Georgia Annotated, one provision of
which is the enactment of this Article.
Sec. 2-2-59. Definitions.
(a) ‘Dealer’ shall have the same meaning as provided for in the Official Code of
Georgia Annotated, Section 48-13-110.
(b) ‘Energy’ shall have the same meaning as provided for in the Official Code
of Georgia Annotated, Section 48-13-110.
(c) ‘Local Sales and Use Tax’ shall have the same meaning as provided for in
the Official Code of Georgia Annotated, Section 48-13-110.
(d) ‘Purchaser’ shall have the same meaning as provided for in the Official
Code of Georgia Annotated, Section 48-13-110.
Sec. 2-2-60. Energy Excise Tax imposed.
In accordance with the provisions of O.C.G.A. § 48-13-110 et seq., there is
imposed within the territorial limits of the special district created pursuant to
O.C.G.A. § 48-13-111, an excise tax on the sale, use, storage, or consumption of
energy when such sale, use, storage, or consumption would have constituted a
Attachment number 1 \nPage 4 of 8
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taxable event for purposes of sales and use tax under O.C.G.A. § 48-8-1 et seq. but
for the exemption in O.C.G.A. § 48-8-3.2.
Sec. 2-2-61. Energy Excise Tax Rate; Phase-in.
(a) Such excise tax shall be levied and collected by the governing authority of
Augusta, Georgia pursuant to O.C.G.A. §§ 48-13-112 and 48-13-114 and as
provided in this section.
(b) Except as otherwise provided in this section, the rate of such excise tax shall
be phased in as follows:
(1) For the period commencing January 1, 2015, and concluding at the
last moment of December 31, 2015, such excise tax shall be at a rate
equivalent to 75 percent of the total amount of local sales and use tax
in effect in such special district that would be collected on the sale,
use, storage, or consumption of energy but for the exemption in
O.C.G.A. § 48-8-3.2; and
(2) On or after January 1, 2016, such excise tax shall be at a rate
equivalent to 100 percent of the total amount of local sales and use tax
in effect in such special district that would be collected on the sale,
use, storage, or consumption of energy but for the exemption in
O.C.G.A. § 48-8-3.2.
(c) In accordance with O.C.G.A. § 48-8-3.2 (c)(4), if a project of regional
significance under O.C.G.A. § 48-8-3(92) is started in the special district, it
shall not be subject to the phase-in period contained in paragraphs (1), (2),
and (3) of subsection (b) of this section, and the sale, use, storage, or
consumption of energy in connection therewith shall be subject to the rate
specified in paragraph (4) of subsection (b) of this section notwithstanding
the January 1, 2016 limitation in that paragraph (4).
(d) (1) Following such initial imposition during the phase-in time period, on
or after January 1, 2016, the rate of the excise tax levied and collected
by the governing authority of Augusta, Georgia shall be directed by
O.C.G.A. § 48-13-112(d). Such rate shall be controlled by the
maximum amount of local sales and use tax in effect in the special
district, but in no event more than 2 percent.
(2) In the event the total rate of local sales and use taxes in effect in the
special district decreases from 2 percent to 1 percent, the rate of the
Attachment number 1 \nPage 5 of 8
Item # 28
excise tax under this ordinance shall likewise be reduced at the same
time such local sales and use tax rate reduction becomes effective.
(3) In the event the total rate of local sales and use taxes in effect in the
special district increases from 1 percent to 2 percent, the rate of the
excise tax under this ordinance shall likewise be increased at the same
time such local sales and use tax rate increase becomes effective.
Sec. 2-2-62. Imposition; Remittance; Recovery.
In accordance with O.C.G.A. §48-13-112(c), such excise tax shall be:
(a) Imposed only at the time sales and use tax on the sale or use of such energy
would have been due and payable under O.C.G.A. § 48-8-30 but for the
exemption under O.C.G.A. § 48-8-3.2;
(b) Due and payable in the same manner as would be required under O.C.G.A.
§ 48-8-1 et seq., except as other provided in O.C.G.A. § 48-8-110 et seq.;
(c) A debt of the purchaser of energy until it is paid and shall be recoverable at
law in the same manner as authorized for the recovery of other debts;
(d) Remitted to the governing authority of Augusta, Georgia by the dealer
collecting such excise tax; and
(e) A liability of the dealer at the applicable rate on the charges actually
collected or the amount of excise taxes collected from purchasers,
whichever is greater.
Sec. 2-2-63. Exemption certificates.
(a) The governing authority of Augusta, Georgia, or the collecting officer
appointed under AUGUSTA, GA CODE §2-2-66, shall make diligent efforts to
identify all energy providers and purchasers in the special district and to
ascertain whether such a purchaser has completed a uniform exemption
certificate provided from the website of the Georgia Department of Revenue
seeking to qualify such purchaser for the exemption under O.C.G.A. § 48-8-
3.2. Such certificate shall be utilized by such governing authority or
Attachment number 1 \nPage 6 of 8
Item # 28
collecting officer for the purpose of determining the applicability of the
excise tax under this ordinance.
(b) An energy provider shall be authorized to rely upon such uniform exemption
certificates. An energy provider shall not be liable for failing to collect and
remit the excise tax imposed pursuant to this ordinance if the purchaser has
failed to submit such uniform exemption certificate to the energy provider.
Sec. 2-2-64. Commencement of collections.
The excise tax imposed pursuant to this ordinance shall become effective on
January 1, 2015, and shall be due and payable to the governing authority of
Augusta, Georgia monthly on or before the twentieth day of every month and each
respective month in which such taxes are collected, and payment shall be
accompanied by a return for the preceding monthly period showing the gross sales
and purchases arising from all sales and purchases taxable under this ordinance
during the preceding calendar month.
Sec. 2-2-65. Allocation, distribution, and expenditure of proceeds.
(a) Pursuant to O.C.G.A. § 48-13-114 (b), the excise tax proceeds shall be
allocated and distributed by the governing authority of Augusta, Georgia at
the end of each calendar month. An amount equal to 1 percent of such
proceeds collected by Augusta, Georgia shall be paid into the general fund
of Augusta, Georgia to defray the costs of collection and administration.
(b) The remainder shall be distributed in accordance with the intergovernmental
agreement as required under O.C.G.A. § 48-13-114 (b) and (c). Within 30
days following the end of each calendar month, the remainder shall be
distributed to the general fund of Augusta, Georgia and the general fund of
each participating municipality in accordance with the applicable provisions
of O.C.G.A. § 48-13-114 (c)(1) or (2) as follows:
(1) If two local sales and use taxes are in effect in the special district, an
amount equal to one-half of the proceeds shall be distributed to the
general fund of Augusta, Georgia and the general fund of each
participating municipality located in the county according to the same
proportionate share as specified under the distribution provisions of
the first local sales and use tax and an amount equal to one-half of the
proceeds of the excise tax shall be distributed to the general fund of
Attachment number 1 \nPage 7 of 8
Item # 28
Augusta, Georgia and the general fund of each participating
municipality located in such county according to the same
proportionate share as specified under the distribution provisions of
the second local sales and use tax; or
(2) If only one such local sales and use tax is in effect in the special
district, then the proceeds of the excise tax shall be distributed to the
general fund of Augusta, Georgia and the general fund of each
participating municipality located in the county according to the same
proportionate share as specified under the distribution provisions of
the local sales and use tax.
(c) Except as provided in subsection (a) of this section, proceeds of the excise
tax deposited in the general fund of Augusta, Georgia may be expended for
any lawful purpose as determined by the governing authority of Augusta,
Georgia.
Sec. 2-2-66. Administrative provisions; Audits; Examinations; Collecting
officer.
(a) The governing authority of Augusta, Georgia shall be authorized to
designate a collecting officer for collection and administration of the excise
tax under this ordinance.
(b) The collecting officer shall be authorized to provide for procedures
necessary to the proper implementation of this ordinance, including, but not
limited to, periodic auditing of dealers collecting and remitting the excise
tax. The collecting officer, or the designee of the collecting officer, is
specifically authorized to examine the books , papers, records, financial
reports, equipment, , or other facilities of any purchaser which is required to
remit the excise tax under this ordinance.
(c) In accordance with O.C.G.A. § 48-13-118, as part of the audit report
required under O.C.G.A. § 36-81-7, the auditor shall include, in a separate
schedule, a report of the revenues pertaining to the excise tax under this
ordinance.
Attachment number 1 \nPage 8 of 8
Item # 28
Commission Meeting Agenda
9/16/2014 2:00 PM
Disposition of Interest Monies Earned on SPLOST Proceeds
Department:Clerk of Commission
Caption:Motion to approve request to compel the Finance Director to
provide the Governing Body information relative to the
disposition of interest monies earned on SPLOST proceeds. An
Augusta Georgia SPLOST Fund Balances Report as of 12-31-
2013 reflects the following: SPLOST I interest earnings
$7,364,408; SPLOST II interest earnings $12,954.082; SPLOST
III interest earnings $20,514,527; SPLOST IV interest earnings
$18,696,003; SPLOST V interest earnings $11,948,048; SPLOST
VI interest earnings $381,303. In addition, the Finance Director
will provide documentation that will reflect the authorized usage
of such funds. Any other relevant information is solicited.
(Requested by Commissioner Lockett)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 29
Commission Meeting Agenda
9/16/2014 2:00 PM
Intergovernmental agreement for the allocatoin and distribution of proceed from the energy excise tax
Department:Finance / Administrator
Caption:Motion to approve the intergovernmental agreement (IGA) with
the cities of Blythe and Hephzibah for the allocation and
distribution of proceed from the energy excise tax.
Background:On September 5, 2014 there was a meeting of the mayors of
Augusta, Blythe and Hephzibah to discuss the implementation of a
2% excise tax on energy used in the manufacturing process. The
governing bodies of Blythe and Hephzibah will inform Augusta
by October 6, 2014 if they wish to participate. The allocation
distribution is the same distribution rate of the Local Option Sales
Tax (LOST)
Analysis:Approval of the IGA is the next step in the implementation
process of the excise tax
Financial Impact:The allocation rate: Augusta - 97.58% Blythe - .37% Hephzibah -
2.05%
Alternatives:n/a
Recommendation:appove Intergovernmental agreement with the cities of Blythe and
Hephzibah
Funds are Available
in the Following
Accounts:
n/a
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Cover Memo
Item # 30
Clerk of Commission
Cover Memo
Item # 30
1
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF AUGUSTA, GEORGIA
APPROVING AND AUTHORIZING EXECUTION, BY THE MAYOR OF AUGUSTA,
GEORGIA, OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN AUGUSTA,
GEORGIA AND THE CITY OF BLYTHE AND THE CITY OF HEPHZIBAH
CONCERNING AN ENERGY EXCISE TAX ENACTED PURSUANT TO O.C.G.A. § 48-
13-110 ET SEQ.; REPEALING PRIOR RESOLUTIONS IN CONFLICT; AND FOR
OTHER PURPOSES.
WHEREAS, Augusta, Georgia is authorized pursuant to O.C.G.A. § 48-13-110 et seq.,
(the “Energy Excise Tax Act”) to levy and collect an excise tax on the sale, use, storage, or
consumption of energy (“Energy Excise Tax”) when such sale, use, storage, or consumption
would have constituted a taxable event for purposes of the sales and use tax under O.C.G.A. §
48-8-1 et seq., but for the exemption in O.C.G.A. § 48-8-3.2;
WHEREAS, pursuant to O.C.G.A. § 48-13-113, Augusta, Georgia and the municipalities
of Richmond County have met together and conferred to discuss whether or not the Energy
Excise Tax should be levied within the special district within Richmond County;
WHEREAS, pursuant to O.C.G.A. § 48-13-114, Augusta, Georgia and the Participating
Municipalities have determined that an Energy Excise Tax should be levied; and
WHEREAS, O.C.G.A. § 48-13-114(a)(1) requires Augusta, Georgia and the
Participating Municipalities within Richmond County to execute an intergovernmental
agreement which provides for the distribution of proceeds in accordance with O.C.G.A. § 48-13-
114(c) prior to the adoption of an ordinance by Augusta, Georgia levying and imposing the
Energy Excise Tax.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COMMISSIONERS OF AUGUSTA, GEORGIA as follows:
SECTION 1. The attached intergovernmental agreement addressing the imposition, levy,
collection, administration, allocation, and distribution of proceeds of the Energy Excise Tax
between Augusta, Georgia and the City of Blythe and the City of Hephzibah is hereby approved.
SECTION 2. The Mayor is authorized to execute such intergovernmental agreement on behalf
of such Board of Commissioners and affix the seal of Augusta, Georgia thereto.
SECTION 3. All resolutions or parts of resolutions in conflict herewith are repealed.
This _____ day of __________________________, 2014.
Augusta, Georgia
BY: ________________________________
Deke Copenhaver
Mayor
Attachment number 1 \nPage 1 of 8
Item # 30
2
ATTEST: ________________________________
Clerk
SEAL:
Attachment number 1 \nPage 2 of 8
Item # 30
3
ENERGY EXCISE TAX
INTERGOVERNMENTAL AGREEMENT
STATE OF GEORGIA
RICHMOND COUNTY
INTERGOVERNMENTAL AGREEMENT FOR THE ALLOCATION AND DISTRIBUTION
OF PROCEEDS FROM THE ENERGY EXCISE TAX
THIS INTERGOVERNMENTAL AGREEMENT, made and entered into as of the ____
day of _______________________, 2014, by and between AUGUSTA, GEORGIA (F/K/A
AUGUSTA-RICHMOND COUNTY, GEORGIA), a political subdivision of the State of
Georgia, (the “County”), and the CITY OF BLYTHE, and the CITY OF HEPHZIBAH,
municipal corporations of the State of Georgia, (the “Participating Municipalities”, individually
and collectively).
W I T N E S S E T H:
WHEREAS, Article IX, Section III, Paragraph I(a) of the Constitution of Georgia (the
“Intergovernmental Contracts Clause”) authorizes the County and the Participating
Municipalities to contract for joint services, for the provision of services, or for the provision or
separate use of facilities or equipment, provided that such contract deals with activities, services,
or facilities which the contracting parties are authorized by law to undertake or to provide and
are for a period not exceeding 50 years; and
WHEREAS, the County and the Participating Municipalities are authorized pursuant to
Article 6 of Chapter 13 of Title 48 of O.C.G.A. (the “Energy Excise Tax Act”) to levy and
collect an excise tax on the sale or use of energy (“Energy Excise Tax”) when such sale or use
would have constituted a taxable event for purposes of the sales and use tax under Article 1 of
Chapter 8 of Title 48 of the O.C.G.A., but for the exemption in O.C.G.A. Section 48-8-3.2; and
WHEREAS, pursuant to O.C.G.A. Section 48-13-113, the County and the Participating
Municipalities of the County have met together and conferred to discuss whether or not the
Energy Excise Tax should be levied within the special district within Richmond County; and
WHEREAS, pursuant to O.C.G.A. Section 48-13-114, the County and the Participating
Municipalities have determined that an Energy Excise Tax should be levied; and
WHEREAS, O.C.G.A. Section 48-13-114(a)(1) requires the County and the
Participating Municipalities within the County to execute an intergovernmental agreement which
provides for the distribution of proceeds in accordance with O.C.G.A. Section 48-13-114(c) prior
to the adoption of an ordinance by the County levying and imposing the Energy Excise Tax.
NOW, THEREFORE, in consideration of the mutual promises and undertakings made
in this Agreement, the benefits flowing to the parties hereto and to the citizens of each under this
Attachment number 1 \nPage 3 of 8
Item # 30
4
Agreement, and for good and valuable consideration the County and the Participating
Municipalities consent and agree as follows:
SECTION 1
REPRESENTATIONS & MUTUAL COVENANTS
(A) The County makes the following representations and warranties which may be
specifically relied upon by all parties as a basis for entering this Agreement:
(1) The County is a political subdivision duly created and organized under the
Constitution of Georgia;
(2) The governing authority of the County is duly authorized to execute, deliver, and
perform this Agreement; and
(3) This Agreement is a valid, binding, and enforceable obligation of the County.
(B) Each Participating Municipality makes the following representations and warranties
which may be specifically relied upon by all parties as a basis for entering this
Agreement:
(1) Each Participating Municipality is a municipal corporation duly created and
organized under the Laws of the State of Georgia;
(2) The governing authority of each Participating Municipality is duly authorized to
execute, deliver, and perform this Agreement;
(3) This Agreement is a valid, binding, and enforceable obligation of each
Participating Municipality; and
(4) Each Participating Municipality is located wholly or partially within the
geographic boundaries of the special district created in the County.
(C) It is the intention of the County and each Participating Municipality to comply in all
respects the provisions of the Energy Excise Tax Act and all provisions of this
Agreement shall be construed in light of the provisions of the Energy Excise Tax Act.
(D) The County and each Participating Municipality agree to maintain thorough and accurate
records concerning the receipt of proceeds under this Agreement.
SECTION 2
CONDITIONS PRECEDENT
(A) The obligations of the County and each Participating Municipality pursuant to this
Agreement are conditioned upon the adoption of an ordinance by the County and each
Attachment number 1 \nPage 4 of 8
Item # 30
5
Participating Municipality levying and imposing the Energy Excise Tax in accordance
with the provisions of the Energy Excise Tax Act.
(B) This Agreement is further conditioned upon the collecting of Energy Excise Tax revenues
by the County and the transferring of those revenues to the general fund of the County
and the general fund of each Participating Municipality.
SECTION 3
ADMINISTRATION AND COLLECTION COSTS
In accordance with O.C.G.A. Section 48-13-114(b), the proceeds of the Energy Excise Tax shall
be allocated and distributed by the governing authority of the County at the end of each calendar
month, and, of such proceeds, an amount equal to 1 percent of such proceeds collected by the
county shall be paid into the general fund of the county to defray the costs of collection and
administration.
SECTION 4
ALLOCATION & DISTRIBUTION OF REMAINDER PROCEEDS
(A) In accordance with O.C.G.A. Section 48-13-114 (b) and (c), the remainder of the
proceeds following the subtraction of costs of collection and administration under Section
3 of this Agreement shall be allocated and distributed by the governing authority of the
County pursuant to this Agreement as provided in this Section.
(B) Such remaining proceeds shall be allocated and distributed by the governing authority of
the County within 30 days following the end of each calendar month to the general fund
of the county and to the general fund of each participating municipality in accordance
with the applicable provisions of O.C.G.A. Section 48-13-114 (c)(1) or (2) as follows:
(1) If two local sales and use taxes are in effect in the special district, an amount
equal to one-half of the proceeds shall be distributed to the county general fund
and the general fund of each participating municipality located in the county
according to the same proportionate share as specified under the distribution
provisions of the first local sales and use tax and an amount equal to one-half of
the proceeds of the excise tax shall be distributed to the county general fund and
the general fund of each participating municipality located in such county
according to the same proportionate share as specified under the distribution
provisions of the second local sales and use tax; or
(2) If only one such local sales and use tax is in effect in the special district, then the
proceeds of the excise tax shall be distributed to the county general fund and the
general fund of each participating municipality located in the county according to
the same proportionate share as specified under the distribution provisions of the
local sales and use tax.
Attachment number 1 \nPage 5 of 8
Item # 30
6
(C) Such remaining proceeds shall not be subject to any use or expenditure requirements
provided for under the provisions of law of the local sales and use taxes which are now
subject to exemption under O.C.G.A. Section 48-8-3.2 and are authorized to be expended
in the same manner as would have otherwise required under such local sales and use tax
provisions of law or to be expended for any lawful purpose.
SECTION 5
COUNTY ORDINANCE ADOPTION
In accordance with O.C.G.A. Section 48-13-114 (a)(1), following the execution of this
Agreement by the County and each Participating Municipality, the County agrees to adopt timely
an ordinance levying the Energy Excise Tax pursuant to Article 6 of Chapter 13 of Title 48 of the
Official Code of Georgia Annotated.
SECTION 6
ENTIRE AGREEMENT
This Agreement, including any attachments or exhibits, constitutes all of the understandings and
agreements between the County and the Participating Municipalities with respect to all matters
relating to the imposition, levy, collection, administration, allocation, and distribution of
proceeds of the Energy Excise Tax. Furthermore, this Agreement supersedes all prior
agreements, negotiations, and communications of whatever type, whether written or oral,
between the parties hereto with respect to such matters.
SECTION 7
AMENDMENT OR MODIFICATION OF AGREEMENT
This Agreement shall not be amended or modified except by agreement in writing executed by
the governing authorities of the County and the Participating Municipalities.
SECTION 8
GOVERNING LAW
This Agreement shall be deemed to have been made and shall be construed and enforced in
accordance with the Constitution and laws of the State of Georgia.
Attachment number 1 \nPage 6 of 8
Item # 30
7
SECTION 9
SEVERABILITY
Should any phrase, clause, sentence, or paragraph of this Agreement be held invalid or
unconstitutional, the remainder of the Agreement shall remain in full force and effect as if such
invalid or unconstitutional provision were not contained in the Agreement unless the elimination
of such provision detrimentally reduces the consideration that any party is to receive under this
Agreement or materially affects the operation of this Agreement.
SECTION 10
COMPLIANCE WITH LAW
The County and each Participating Municipality shall comply with all applicable local, state, and
federal statutes, ordinances, rule, and regulations.
SECTION 11
NO CONSENT TO BREACH
No consent or waiver, express or implied, by any party to this Agreement, to any breach of any
covenant, condition, or duty of another party shall be construed as a consent to or waiver of any
future breach of the same.
SECTION 12
COUNTERPARTS
This Agreement may be executed in several counterparts, each of which shall be an original and
all of which shall constitute but one and the same instrument.
[THIS SPACE LEFT INTENTIONALLY BLANK]
[SIGNATURE LINES ON NEXT PAGE]
Attachment number 1 \nPage 7 of 8
Item # 30
8
IN WITNESS WHEREOF, the County and the Participating Municipalities, acting by
and through their duly authorized agents, have caused this Agreement to be executed in multiple
counterparts under seals on the date indicated herein.
AUGUSTA, GEORGIA
BY: ________________________________
Mayor
(SEAL)
ATTEST: ________________________________
Clerk
CITY OF BLYTHE, GEORGIA
BY: ________________________________
Mayor
(SEAL)
ATTEST: ________________________________
Clerk
CITY OF HEPHZIBAH, GEORGIA
BY: ________________________________
Mayor
(SEAL)
ATTEST: ________________________________
Clerk
Attachment number 1 \nPage 8 of 8
Item # 30
Commission Meeting Agenda
9/16/2014 2:00 PM
Keiauntae Weston
Department:Clerk of Commission
Caption:Consider a request from Keiauntae Weston regarding a refund in
property taxes due to the home being assessed incorrectly from
years 2007 through 2011.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 31
Attachment number 1 \nPage 1 of 1
Item # 31
Commission Meeting Agenda
9/16/2014 2:00 PM
Motion to approve Water and Sewer Revenue Bonds Series 2014 supplemental resolution
Department:Utilites and Finance
Caption:Motion to approve Water and Sewer Revenue Bonds series 2014
supplemental resolution.
Background:At the June 6, 2014 Commission meeting the Commission
approve the process to issue Water and Sewer Revenue Bonds,
Series 2014. At the August 25, 2014 meeting the Commission
approve the revenue bond resolution, the next step in the process.
Approval of the supplemental (pricing) resolution is the last step
in the process of issuing the bonds.
Analysis:This is the final step in the process of issuing the Water and Sewer
Revenue Bonds, Series 2014
Financial Impact:n/a
Alternatives:none
Recommendation:approve bond resolution
Funds are Available
in the Following
Accounts:
n/a
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 32
-1-
ATLANTA 5572182.3
SUPPLEMENTAL SERIES 2014 BOND RESOLUTION
WHEREAS, Augusta, Georgia (the “Consolidated Government”) adopted its Series
2014 Bond Resolution (the “Original Resolution”) on August 25, 2014, authorizing the issuance
and sale of its Water and Sewerage Revenue Refunding and Improvement Bonds (Second
Resolution), Series 2014 (the “Series 2014 Bonds”), 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, (iii) funding a debt service
reserve account for the Series 2014 Bonds, and (iv) paying the expenses necessary to
accomplishing the foregoing; and
WHEREAS, certain capitalized terms used in this Supplemental Series 2014 Bond
Resolution (this “Supplemental Resolution”) shall have the meaning given to them in the
Original Resolution; and
WHEREAS, the Original Resolution provides that the Series 2014 Bonds (1) shall be
issued in an original aggregate principal amount to be specified in a Supplemental Resolution to
be adopted by the Governing Body, but which shall not in any event exceed a maximum
aggregate principal amount of $198,000,000, (2) 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, (3) that mature on October 1 of the years to be specified in a Supplemental
Resolution to be adopted by the Governing Body will be Term Bonds, and (4) will be subject to
optional and mandatory redemption prior to maturity as specified in a Supplemental Resolution
to be adopted by the Governing Body; and
WHEREAS, the Original Resolution provides that (1) the Series 2014 Bonds are
authorized to be sold pursuant to competitive sale, (2) a Notice of Sale and a Preliminary Official
Statement 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, and (3) 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 ratify the acceptance of
the winning bid for the Series 2014 Bonds pursuant to a Supplemental Resolution 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 the Original Resolution; and
WHEREAS, pursuant to an Official Notice of Sale with respect to the Series 2014 Bonds
circulated by the Consolidated Government (the “Notice of Sale”), providing for the receipt by
Attachment number 1 \nPage 1 of 7
Item # 32
-2-
ATLANTA 5572182.3
the Consolidated Government of electronic bids submitted via PARITY for the purchase of the
Series 2014 Bonds on September 16, 2014, the Consolidated Government has received electronic
bids submitted via PARITY for the purchase of the Series 2014 Bonds; and
WHEREAS, the Notice of Sale provided that the Series 2014 Bonds would be sold to the
responsible bidder specifying interest rates and prices that would result in the lowest true interest
cost to the Consolidated Government for the Series 2014 Bonds, and the bids were as follows:
BIDDER TRUE INTEREST COST BID
WHEREAS, the bid of a responsible bidder resulting in the lowest true interest cost to
the Consolidated Government and within the parameters set forth in the Original Resolution was
submitted by ________________ (the “Purchaser”), and a copy of such bid is attached to this
Supplemental Resolution as Exhibit A and incorporated herein by reference; and
WHEREAS, after due consideration it is deemed advisable and in the best interest of the
Consolidated Government that the Series 2014 Bonds be sold to the Purchaser, the Purchaser
having in all respects complied with the terms of the Notice of Sale; and
NOW, THEREFORE, BE IT RESOLVED by the Augusta-Richmond County
Commission, as follows:
1. All actions heretofore taken by the Governing Body and the officers and agents of
the Consolidated Government directed toward the issuance and sale of the Series 2014 Bonds be
and the same are hereby ratified, approved, and confirmed.
2. The Series 2014 Bonds shall be issued in the original aggregate principal amount of
$___________. The Series 2014 Bonds shall bear interest at the rates per annum set forth below,
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 and in the principal amounts as follows, unless earlier called for
redemption:
Attachment number 1 \nPage 2 of 7
Item # 32
-3-
ATLANTA 5572182.3
Year
of Maturity
Principal
Amount
Interest
Rate
The Series 2014 Bonds that mature on October 1, ____ and ____ are Term Bonds.
3. (a) The Series 2014 Bonds maturing on or after October 1, 2025, may be redeemed
prior to their respective maturities at the option of the Consolidated Government on or after
October 1, 2024, in whole or in part at any time, in the order of maturities selected by the
Consolidated Government (less than all of such Series 2014 Bonds of a single maturity to be
selected by lot in a manner as the Consolidated Government may determine) from any moneys
available therefor at the redemption price equal to the principal amount of the Series 2014 Bonds
to be redeemed plus accrued interest to the redemption date.
(b) In addition, the Series 2014 Bonds that are Term Bonds are subject to mandatory
redemption prior to maturity on October 1 of the years, in the amounts, and at the prices
provided below.
The Series 2014 Bonds maturing October 1, ___ shall be subject to mandatory sinking
fund redemption prior to maturity on October 1, 20__ and on each succeeding October 1 to and
including October 1, 20__ (the last maturity to be paid rather than redeemed), in part, by lot in
such manner as may be designated by the Bond Registrar, at par plus accrued interest to the
redemption date, in the following years and principal amounts:
October 1
of the Year Principal Amount
+ Final Maturity
The Series 2014 Bonds maturing October 1, ___ shall be subject to mandatory sinking
fund redemption prior to maturity on October 1, 20__ and on each succeeding October 1 to and
including October 1, 20__ (the last maturity to be paid rather than redeemed), in part, by lot in
such manner as may be designated by the Bond Registrar, at par plus accrued interest to the
redemption date, in the following years and principal amounts:
Attachment number 1 \nPage 3 of 7
Item # 32
-4-
ATLANTA 5572182.3
October 1
of the Year Principal Amount
+ Final Maturity
The Consolidated Government shall be entitled to receive a credit in respect of its
mandatory sinking fund redemption obligation for Series 2014 Bonds delivered, purchased, or
redeemed, as hereinafter described, if the Consolidated Government at its option purchases in the
open market and delivers to the Paying Agent for cancellation Series 2014 Bonds or redeems
Series 2014 Bonds (other than through mandatory sinking fund redemption) and such Series
2014 Bonds have not theretofore been applied as a credit against any mandatory redemption
obligation. Each such Series 2014 Bond so purchased or redeemed shall be credited by the
Paying Agent at 100% of the principal amount thereof on the obligation of the Consolidated
Government on such mandatory redemption payment date, and any excess shall be credited on
future mandatory sinking fund redemption obligations in chronological order, and the principal
amount of such Series 2014 Bonds to be redeemed by operation of mandatory redemption shall
be accordingly reduced.
4. From the proceeds derived from the sale of the Series 2014 Bonds, the following
payments shall be made, simultaneously with the issuance and delivery of the Series 2014
Bonds, to the extent and in the manner set forth herein and in the Original Resolution:
(a) The sum of $_________, together with $__________ released from the funds
and accounts held under the Prior Lien Resolution upon redemption in full of the
Refunded Bonds, or such other amount as shall be necessary, shall be deposited into the
2004 Defeasance Account and applied to pay the principal of and interest on the
Refunded Bonds on October 2, 2014;
(b) The sum of $__________, or such other amount as shall be necessary, shall
be deposited into the Debt Service Reserve Account; and
(c) The balance of the proceeds ($__________) from the sale of the Series 2014
Bonds shall be deposited into the Series 2014 Capital Improvement Account to pay Costs
of the Series 2014 Project, including costs of issuing the Series 2014 Bonds.
5. The bid submitted by the Purchaser to purchase the Series 2014 Bonds for the price
of $__________, attached hereto as Exhibit A, is hereby accepted, and all other bids so received
are hereby rejected, and the actions of the Mayor, for and on behalf of the Consolidated
Government, are hereby ratified and approved relating to his earlier notification to all bidders of
the acceptance and rejection of such bids by the Consolidated Government. The Bonds shall, in
due course, be delivered to the Purchaser against payment for the Series 2014 Bonds in
accordance with the Notice of Sale and the Purchaser’s bid accepted by the Consolidated
Government.
Attachment number 1 \nPage 4 of 7
Item # 32
-5-
ATLANTA 5572182.3
6. The use and distribution of the Preliminary Official Statement and the Official
Statement with respect to the Series 2014 Bonds shall be and is hereby authorized, ratified,
confirmed, and approved, and the execution and delivery of the Official Statement in final form
shall be and is hereby authorized, ratified, confirmed, and approved. The Mayor or the Mayor
Pro Tem is hereby authorized and directed to ratify, confirm, approve, execute, and deliver the
Official Statement on behalf of the Consolidated Government, and the execution of an Official
Statement by the Mayor or the Mayor Pro Tem shall constitute conclusive evidence of the
Mayor’s or the Mayor Pro Tem’s ratification, confirmation, approval, and delivery thereof on
behalf of the Consolidated Government.
7. The definitions of “Construction Fund Depository” and “Depository” as set forth in
Section 1.1 of the Master Resolution are hereby deleted in their entirety and the following are
substituted in lieu thereof:
“Construction Fund Depository” means any commercial bank or banks
designated by the Consolidated Government to serve as depository with respect to the
Construction Fund or any account established therein, and any successor depository of
such fund or account hereafter designated by the Consolidated Government in a
Supplemental Resolution. Notwithstanding anything to the contrary in the Master
Resolution, Bank of America, N.A., Augusta, Georgia, is hereby designated and shall
continue as Construction Fund Depository for the Series 2012 Capital Improvement
Account of the Construction Fund, and U.S. Bank National Association, Atlanta,
Georgia, is hereby designated as Construction Fund Depository for the Series 2014
Capital Improvement Account of the Construction Fund.
“Depository” means, with respect to the Construction Fund or any account
established therein, the Construction Fund Depository, and, with respect to each other
fund established under the Bond Resolution, the depository of such fund, and any
successor depository of such fund hereafter designated by the Consolidated Government
in a Supplemental Resolution.
8. The Consolidated Government hereby confirms the existence and applicability of
the Original 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 Original Resolution and as supplemented and amended by this Supplemental Resolution.
Except where otherwise expressly indicated in this Supplemental Resolution, the provisions of
the Original Resolution are to be read as part of this Supplemental Resolution as though copied
verbatim herein, and provisions of this Supplemental 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 Original Resolution. Except as expressly amended, modified, or
supplemented by this Supplemental Resolution, all of the terms, conditions, and provisions of the
Original Resolution shall remain in full force and effect. In executing and delivering this
Supplemental 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 Original
Resolution.
Attachment number 1 \nPage 5 of 7
Item # 32
-6-
ATLANTA 5572182.3
9. This Supplemental Resolution shall take effect immediately upon its adoption.
10. Any and all Resolutions or resolutions, or parts of Resolutions or resolutions, if any,
in conflict with this Supplemental Resolution are hereby repealed.
11. This Supplemental 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.
PASSED, ADOPTED, SIGNED, APPROVED, AND EFFECTIVE this 16th day of
September 2014.
AUGUSTA, GEORGIA
(SEAL) By:
Mayor
Attest:
Clerk of Commission
Attachment number 1 \nPage 6 of 7
Item # 32
ATLANTA 5588386.1
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 Supplemental 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 16th day of September 2014, in connection with the issuance and sale 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
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
Ben Hasan
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 25th day of
August 2014.
(SEAL) Clerk of Commission
Attachment number 1 \nPage 7 of 7
Item # 32
Commission Meeting Agenda
9/16/2014 2:00 PM
SPLOST Project Private Organizations Procurement Requirements
Department:
Caption:Discuss the following ARC contractual requirement relative to
organizations who receive SPLOST funding "Organization shall
comply with the purchasing policies of Augusta-Richmond
County regarding the advertising for bids, the securing of
bids, and payment, performance bonds and contracting.
Payments to any sub-contractor employed by the
Organization shall be made directly by the Organization,
subject to Augusta’s audit and approval. If the total project
costs exceed the amount funded by Augusta and the Matching
Funds, the Organization shall provide proof of other funding
sources. Payments by the Organization to sub-contractors
shall be made only upon presentation of verified
invoices." (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 # 33
Attachment number 1 \nPage 1 of 1
Item # 33
Commission Meeting Agenda
9/16/2014 2:00 PM
Acquisition of a portion of the property for permanent construction easement and maintenance easement
and one temporary driveway easement to Richmond County, Georgia from Sharlene K. Roberts 4594
Department:Law
Caption:Motion to authorize condemnation to acquire title of a portion of
property for right of way and permanent construction and
maintenance easement, and one temporary driveway easement
(Parcel 193-0-097-00-0) 4594 Windsor Spring Road. (Approved
by Engineering Services Committee September 8, 2014)
Background:The City seeks to acquire title through condemnation due to the
reluctance of Bank of America to release its security interest in the
subject property. In order to proceed and avoid further project
delays, it is necessary to condemn a portion of subject property.
The required property consists of 10,306.69 square feet of right of
way, 5,767.05 square feet of permanent construction and
maintenance easement and one temporary driveway easement.
The appraised value is $15,900.00
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.
Cover Memo
Item # 34
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 34
Attachment number 1 \nPage 1 of 1
Item # 34
Commission Meeting Agenda
9/16/2014 2:00 PM
Acquisition of a portion of the property for permanent construction easement and maintenance easement
and one temporary driveway easement to Richmond County, Georgia from Donald R. & Vivian R.
Graham -34
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 one temporary driveway easement
(Parcel 227-0-037-00-0) 4759 Windsor Spring Road. (Approved
by Engineering Services Committee September 8, 2014)
Background:The City seeks to acquire title through condemnation due to the
reluctance of Wachovia to release its security interest in the
subject property. In order to proceed and avoid further project
delays, it is necessary to condemn a portion of subject property.
The required property consists of 2,575.22 square feet of right of
way, 636.21 square feet of permanent construction and
maintenance easement, and one temporary driveway easement.
The appraised value is $41,750.00.
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:
Cover Memo
Item # 35
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 35
Attachment number 1 \nPage 1 of 1
Item # 35
Commission Meeting Agenda
9/16/2014 2:00 PM
Acquisition of a portion of the property for permanent construction easement and maintenance easement
and one temporary driveway easement to Richmond County, Georgia from George Thomas & Michael
Thomas -4760
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 one temporary driveway easement
(Parcel 227-0-092-00-0) 4760 Windsor Spring Road. (Approved
by Engineering Services Committee September 8, 2014)
Background:The City seeks to acquire title through condemnation due to the
reluctance of Bank of America to release its security interest in the
subject property. In order to proceed and avoid further project
delays, it is necessary to condemn a portion of subject
property. The required property consists of 5,882.07 square feet of
right of way, 1,772.13 square feet of permanent construction and
maintenance easement, and one temporary driveway
easement. The appraised value is $24,500.00.
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:
Cover Memo
Item # 36
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 36
Attachment number 1 \nPage 1 of 1
Item # 36
Commission Meeting Agenda
9/16/2014 2:00 PM
Acquisition of a portion of the property for permanent easement and one driveway easement to
Richmond County, Georgia from Virginia W. & Ronald W. Drayton
Department:Law
Caption:Motion to authorize condemnation to acquire title of a portion of
property for right of way, permanent easement, and one driveway
easement (Parcel 209-0-007-00-0) 4727 Windsor Spring Road.
(Approved by Engineering Services Committee September 8,
2014)
Background: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 4,462.01 square feet of right of way, 2,421.55 square
feet of permanent easement, 2,531.66 square feet of temporary
encroachment easement, and one driveway easement. The
appraised value is $9,050.00.
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.
Cover Memo
Item # 37
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 37
Commission Meeting Agenda
9/16/2014 2:00 PM
Acquisition of a portion of the property for permanent easement and temporary construction easement to
Richmond County, Georgia from Bonnie Cliett Lowe & Sandra Faye Salyers fka Sandra Faye Cliett
Department:Law
Caption:Motion to authorize condemnation to acquire title of a portion of
property for permanent easement and temporary construction
easement, (Parcel 052-0-015-00-0) 3875 Belair Road. (Approved
by Engineering Services Committee September 8, 2014)
Background:The City has been unable to reach an agreement with the property
owners 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 335 square feet permanent
easement and 674 square feet of temporary construction
easement. The appraised value is $352.00
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 323-041110-52.12122 J/L 201823332-
5212122
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Cover Memo
Item # 38
Clerk of Commission
Cover Memo
Item # 38
Attachment number 1 \nPage 1 of 1
Item # 38
Commission Meeting Agenda
9/16/2014 2:00 PM
Acquisition of a portion of the property for right of way and permanent construction & maintenance
easement and one temporary driveway easement from Samuel C. Prince, Jr. & Robert Dowe Brittingham
Department:Law
Caption:Motion to authorize condemnation to acquire title of a portion of
property for right of way and permanent construction and
maintenance easement, and one temporary driveway easement
(Parcel 193-0-027-00-0) 4614 Windsor Spring Road. (Approved
by Engineering Services Committee September 8, 2014)
Background:Due to title issues, 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 5,545.65 square feet of right of
way, 6,033.52 square feet of permanent construction and
maintenance easement and one temporary driveway easement.
The appraised value is $22,600.00.
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 # 39
Administrator.
Clerk of Commission
Cover Memo
Item # 39
Attachment number 1 \nPage 1 of 1
Item # 39
Commission Meeting Agenda
9/16/2014 2:00 PM
Acquisition of a portion of the property for right of way and temporary construction easement- Bonnie
Cliett Lowe & Sandra Faye Salyers aka Sandra Faye Cliett
Department:Law
Caption:Motion to authorize condemnation to acquire title of a portion of
property for right of way and temporary construction easement,
(Parcel 052-0-016-00-0) 3871 Belair Road. (Approved by
Engineering Services Committee September 8, 2014)
Background:The City has been unable to reach an agreement with the property
owners 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 941 square feet right of
way and 441 square feet of temporary construction easement. The
appraised value is $1,478.00.
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 323-041110-52.12122 J/L 201823332-
5212122
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Cover Memo
Item # 40
Clerk of Commission
Cover Memo
Item # 40
Attachment number 1 \nPage 1 of 1
Item # 40
Commission Meeting Agenda
9/16/2014 2:00 PM
Approve purchase order for sanitary sewer root control
Department:Utilities
Caption:Motion to approve purchase order to Duke's Root Control in the
amount of $250,000.00. (Approved by Engineering Services
Committee September 8, 2014)
Background:Most sanitary sewer lines operate by gravity flow. Sometimes,
those lines become occluded by root infiltration. This eventually
prevents normal operation of the sewer and can cause backups.
Backups are inconvenient for our customers and can sometimes
lead to adverse effects on the environment in the event of
overflows. Duke's Root Control uses a process in which they
inject herbicidal foam into the line. This foam stops root growth
which would block the lines if untreated. Duke's provides a three
year warranty for this service against root regrowth.
Analysis:Duke's Root Control is the only responsive bidder to meet the
specifications. Treating these lines will inhibit root growth in
treated lines. This should serve to prevent root related backups in
those lines. For this cost, we should be able to treat around
175,000 feet of 8-12" sewer lines.
Financial Impact:Funds are available in account 506043410-5223222
Alternatives:Do not award PO.
Recommendation:Award the PO in the amount of $250,000.00 to Dukes Root
Control.
Funds are Available
in the Following
Accounts:
Funds are available in account 506043410-5223222
REVIEWED AND APPROVED BY:Cover Memo
Item # 41
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 41
Invitation to Bid
Sealed bids will be received at this office on Tuesday, May 13, 2014 @ 11:00 a.m. for furnishing:
Bid Item 14-153 Sewer Line Chemical Root Control Services for Utilities 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, April 25,
2014 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered.
The local bidder preference program is not applicable to this project. To be approved as a local
bidder and receive bid preference an eligible bidder must submit a completed and signed written
application to become a local bidder at least thirty (30) days prior to the date bids are received on an
eligible local project. An eligible bidder who fails to submit an application for approval as a local
bidder at least thirty (30) days prior to the date bids are received on an eligible local project, and who
otherwise meets the requirements for approval as a local bidder, will not be qualified for a bid
preference on such eligible local project.
No Bid may be withdrawn for a period of 90 days after time has been called on the date of opening.
Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and
shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual
terms and conditions, applicable to the procurement. All specific requirements contained in the
invitation to bid including, but not limited to, the number of copies needed, the timing of the
submission, the required financial data, and any other requirements designated by the Procurement
Department are considered material conditions of the bid which are not waiveable or modifiable by
the Procurement Director. All requests to waive or modify any such material condition shall be submitted
through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for
approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope.
Bidders are cautioned that acquisition of BID documents through any source other than the office of the
Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources places
the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications.
GERI A. SAMS, Procurement Director
Augusta Chronicle April 3, 10, 17, 24, 2014
Metro Courier April 9, 2014
Revised: 3/7/2013
Attachment number 1 \nPage 1 of 1
Item # 41
UNOFFICIAL
VENDORS
Dukes Root Controls
1020 Hiawatha Blvd
Syracuse, NY 13204
Municipal Sales
68 Parks Rd
Queensbury, NY
12804
Attachment B Yes Yes
E-Verify Number 192689 205001
SAVE Form Yes Yes
Pricing Unit Price Per LF Unit Price Per LF
6 inch $1.37 $0.965
8 inch $1.37 $0.965
10 inch $1.37 $0.965
12 inch $1.82 $0.965
Total Price $207,750.00 $144,750.00
Bid Item #14-153
Sewer Line Chemical Root Control Services
for the Augusta, GA - Utilities Department
Bid Due: Tuesday, May 13, 2014 @ 11:00 a.m.
The following vendors did not respond:
Kamo / 1326 Reynolds Street / Augusta, GA 30901
Augusta Industrial Services, Inc / 15 Lover’s Lane / Augusta, GA 30901
United Sewer Services, Inc / P. O. Box 538 / Patterson, GA 31557
Page 1 of 1
Attachment number 2 \nPage 1 of 1
Item # 41
Attachment number 3 \nPage 1 of 1
Item # 41
Attachment number 4 \nPage 1 of 2
Item # 41
Attachment number 4 \nPage 2 of 2
Item # 41
Commission Meeting Agenda
9/16/2014 2:00 PM
Augusta ADA Self Evaluation & Transition Plan
Department:Engineering
Caption:Motion approve award of Engineering Services Contract to
Cranston Engineering Group, PC in the amount of $353,726.00
for Task 3 of the Augusta ADA Self Evaluation & Transition
Plan. (Approved by Engineering Services Committee
September 8, 2014)
Background:Title II of the Americans with Disabilities Act (ADA) requires
that municipalities have an ADA Self Evaluation & Transition
Plan for evaluating and implementing ADA upgrades in non-
compliant areas. The City of Augusta currently does not have a
plan in place and submitted a Request of Qualifications (RFQ
Item #13-180). The Cranston Engineering Group team responded
to the City’s RFQ, presented an interview, and was selected to
provide the city with a proposal for these services. Cranston
submitted a proposal for the Augusta ADA Self Evaluation &
Transition Plan on April 21, 2014
Analysis:Request for Proposals (RFQ) were reviewed on the following
firms: 1. Moreland Altobelli Associates 2. Cranston Engineering
Group, PC Cranston Engineering was the successful consultant.
AED requested that Cranston Engineering developed a five task
proposal for completing the City’s ADA Self Evaluation &
Transition Plan. The total fee to accomplish these tasks is
$589,522.00. As current funding is limited, it was determined that
phasing the tasks will be a means to get the project underway
while spreading the funding between 2014 and 2015. Phase one
will include Task 3 (Evaluation of Facilities) and is recommended
for approval to begin immediately. The fee for Task 3 is
$353,726.00. The remaining four tasks, phase two, will be
recommended for approval to start at the beginning of 2015. Task
3 involves the field evaluation and inventory collection of the
City’s ADA facilities within the public rights of way as discussed
in Cranston’s proposal. Beginning this task now will allow for the
field work to be substantially completed by the end of 2014, and
set up the remaining four tasks to run consecutively. It is the
recommendation of the Engineering Department to award phase
one of this project to Cranston Engineering Group and begin Task
Cover Memo
Item # 42
3 immediately
Financial Impact:Funds are available in SPLOST PHASE VI Curb Cuts and
Sidewalks account number 328-041110-5212115/211828010-
5212115 ($300,000) & TIA Discretionary account ($53,726).
Alternatives:1) APPROVE AWARD OF ENGINEERING SERVICES
CONTRACT TO CRANSTON ENGINEERING GROUP, PC IN
THE AMOUNT OF $353,726.00 FOR TASK 3 OF THE
AUGUSTA ADA SELF EVALUATION & TRANSITION
PLAN. 2) Do not approve, and adjust scope
Recommendation:Approve Alternative Number One.
Funds are Available
in the Following
Accounts:
328-041110-5212115/211828010-5212115 & TIA Discretionary
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 42
Augusta-Richmond County, Georgia
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 CPB#328-041110-211828010. This project proposes to establish
an ADA Self Evaluation & Transition Plan for evaluating and implementing ADA ugrades in
non-compliant areas as required for municipalities in the Title II of the Americans with
Disabilities Act (ADA). Funding is available in SPLOST VI Curbs and Sidewalks account
in the amount of $353,726.00.
Section 2: The following revenues are anticipated to be available to the Consolidated
Government to complete the project.
Curb and Sidewalks 300,000$
TIA Discretionary 53,726$
353,726$
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
CAPITAL PROJECT BUDGET
CPB#328-041110-211828010
Augusta ADA Self Evaluation & Transition Plan
(Bid 13-180)
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
1.13.2012
Attachment number 1 \nPage 1 of 2
Item # 42
Augusta-Richmond County, Georgia
CAPITAL PROJECT BUDGET
CPB#328-041110-211828010
Augusta ADA Self Evaluation & Transition Plan
Please do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission for execution. For information
reference this request, contact Engineering at ext 5070. Thanks
CPB AMOUNT CPB NEW
SOURCE OF FUNDS CPB ADDITION CPB
CURB & SIDEWALKS
328-041110-211828010 ($300,000)($300,000)
TIA Discretionary Funds ($53,726) ($53,726)
TOTAL SOURCES: ($300,000) ($53,726) ($353,726)
USE OF FUNDS
ENGINEERING
328-041110-5212115-211828010 $353,726 $353,726
TOTAL USES: $353,726 $353,726
1.13.2012
Attachment number 1 \nPage 2 of 2
Item # 42
REQUEST FOR QUALIFICATION
Request for Qualifications will be received at this office until Thursday, September 12, 2013 @ 3:00 p.m. for
furnishing:
RFQ Item #13-180 ADA Self Evaluation & Transition Plan Development for Engineering Department
Qualifications 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
Request for Qualification (RFQ) documents may be viewed on the Augusta Georgia web site under the
Procurement Department ARCbid. RFQ documents may be obtained at the office of the Augusta, GA
Procurement Department, 530 Greene Street – Room 605, Augusta, GA 30901.
All questions must be submitted in writing by fax to 706 821-2811 or by email to
procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, August 23,
2013 @ 5:00 P.M. No Proposal will be accepted by fax, all must be received by mail or hand delivered.
No qualifications may be withdrawn for a period of 90 days after time has been called on the date of opening.
Request for qualifications (RFQ) and specifications. An RFQ 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 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 RFQ 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 RFQ number on the outside of the envelope.
Proponents are cautioned that acquisition of RFQ documents through any source other than the office of the
Procurement Department is not advisable. Acquisition of RFQ documents from unauthorized sources places
the Proponent at the risk of receiving incomplete or inaccurate information upon which to base its qualifications.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle August 1, 8, 15, 22, 2013
Metro Courier August 7, 2013
Revised: 6/27/2013
Attachment number 2 \nPage 1 of 1
Item # 42
UNOFFICIAL
VENDORS Attachment B E-Verify #SAVE Form Original 7 Copies
Moreland Altobelli Asso
2211 Beaver Ruin Road
Norcross, GA 30071
Yes 53328 Yes Yes 6 copies
Cranston Engineering
452 Ellis Street
Augusta, GA 30901
Yes 64684 Yes Yes Yes
RFQ Opening
RFQ Item #13-180
ADA Self Evaluation & Transition Plan Development
for Augusta, Georgia - Engineering Department
RFQ Due: Thursday, September 12, 2013 @ 3:00 p.m.
Due to a error in the RFQ specifications 1-original and 7-copies or 1-original and 6-copies
was acceptable for submission
Page 1 of 1
Attachment number 3 \nPage 1 of 1
Item # 42
Evaluation Criteria PTS
Moreland Altobelli
Associates
2211 Beaver Ruin Road
Norcross, GA 30071
Cranston Engineering
452 Ellis Street
Augusta, GA 30901
1) Qualifications of Company 15 13.5 13.2
2) Qualifications of Key Personnel that
will actually perform the design services 25 20.7 19.7
3) Experience on similar projects 50 44.7 42.5
4) References including specific
individuals, address, phone number, and e-
mail address
10 9.5 8.7
Total 100 88.3 84.0
2 1
Phase II - Presentations
(Ranking in order of preference - 1 being the number one choice
Presentations
Cumulative Phase I - Evaluation Sheet
RFQ Item #13-180
ADA Self Evaluation & Transition Plan Development
for Augusta, Georgia - Engineering Department
Attachment number 4 \nPage 1 of 1
Item # 42
Attachment number 5 \nPage 1 of 1
Item # 42
Attachment number 6 \nPage 1 of 4
Item # 42
Attachment number 6 \nPage 2 of 4
Item # 42
Attachment number 6 \nPage 3 of 4
Item # 42
Attachment number 6 \nPage 4 of 4
Item # 42
Cranston Engineering Group
452 Ellis Street
Augusta, GA 30903-2546
Johnson Laschober & Associates
1296 Broad Street
Augusta, GA 30901
Moreland Altobelli Associates
2211 Beaver Ruin Road, Suite 190
Norcross, GA 30071
Precision Planning Inc
Attn: Mr. Arthur George
400 Pike Boulevard
Lawrenceville GA 30046
W R Toole Engineers Inc
1005 Broad Street, Suite 200
Augusta, GA 30901
WK Dickson & Co
1450 Greene Street
Augusta, GA 30901
The Jaeger Company
119 Washington Street NE
Gainesville, GA 30501
Attn: Robert Titus
EMC Engineering Services Inc
4106 Colbin Blvd Suite 105
Evans, GA 30809
Street Smarts
3160 Main Street Suite 100
Duluth GA 30096
Thomas & Hutton
50 Park of Commerce
Savannah, GA 31405
Hameed Malik
Engineering Admin
Yvonne Gentry
LSB Office
Abie Ladson
Engineering Admin
RFQ 13-180 ADA Self Evaluation &
Transition Plan Development
mailed Thurs, August 1, 2013
RFQ 13-180 ADA Self Evaluation &
Transition Plan Development
For Engineering Department
RFQ Due: Thurs, 9/12/13 @ 3:00 p.m.
Attachment number 7 \nPage 1 of 1
Item # 42
Commission Meeting Agenda
9/16/2014 2:00 PM
Formation of a fiber installation and maintenance crew in the Utilities Department
Department:Utilities
Caption:Motion to approve the formation of a fiber installation and
maintenance crew in the Utilities Department. (Approved by
Engineering Services Committee September 8, 2014)
Background:The Augusta Utilities Department provides drinking water and
wastewater service to an area of approximately 280 square miles.
As a result we own and operate various facilities and devices such
as treatment plants, raw water pumping stations, wells, pumping
stations, storage tanks, remote valves and system security systems.
These facilities and devices are necessarily spread over our entire
service area. Over time we have developed communication
systems that allow us to monitor and control various portions of
our system. These systems were developed using existing
technology and methods that were available to us at the time and
location needed. This approach has resulted in a system that
allows us to monitor much of our system but lacks the level of
reliability, speed and interconnectedness that would allow for a
fully integrated monitoring and control system. We currently
have six separate systems and not all of them can be accessed
from any particular location. In our efforts to unify our systems
we became aware that while we can bring them all onto the same
software platform, our communication technology limits our
ability to truly integrate the systems. Our staff began to look for
secure solutions to this problem and determined that the best
approach would be to develop our own fiber network. A fiber
network would allow complete interconnection of our various
sites and devices while allowing us to control outside access to the
system. We found the cost of having fiber installed is around $20
-$25/ft. It seemed, based on the cost of the materials involved and
our direct labor cost, that we could install the fiber ourselves at a
considerable cost savings. We chose to do a pilot project to
validate our estimates. A summary of the results of this pilot
project is attached for your reference. This successful pilot
demonstrated that we can indeed install the fiber ourselves at a
considerable cost savings compared to contracted installation.
Our next step is to create a crew dedicated to perform this work
on an ongoing basis. We believe a crew of seven would be able to
Cover Memo
Item # 43
accomplish this work effectively. A description of this proposed
crew is also attached for your reference.
Analysis:Security and reliability of our system monitoring and control
network is critical to our continued ability to provide safe and
reliable services to our customers. We believe that developing a
fully-connected fiber network is our best method to accomplish
this goal. We also believe that the best approach to installing and
maintaining such a network is to perforn the work with our own
forces. Our pilot project has demonstrated that the cost savings are
significant and that that the approach is reasonable for our
purposes. In addition, we have demonstrated that by performing
the same work for other departments with reimbursement at our
cost or simply allowing them to utilize a portion of the fiber that
we are installing at no cost, those same benefits could be extended
to them by lowering the cost of fiber installation.
Financial Impact:$280,801.87 annual salary
Alternatives:Establish a fiber network using contracted services. (Not
Recommended)
Recommendation:Authorize the creation of a fiber installation and maintenance crew
and the added positions as indicated in the attached
documentation.
Funds are Available
in the Following
Accounts:
506043580-5111110
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 43
Fiber Installation Pilot Project:
Highland Avenue WTP to Goodrich Street RWPS
This project consisted of running fiber from the Highland Avenue Water Treatment Plant to the
Goodrich Street Raw Water Pumping Station and then along the canal to the headgate structure.
This consisted of running approximately 15,524 feet of fiber. We used leased equipment and the
fiber was spliced by our staff members who have been certified to perform this work. This
project was completed earlier this year at a final cost of $2.11/ft. A good deal of this project
used an abandoned water line as a conduit.
During the planning for this project we worked closely with the Augusta Information
Technology and Traffic Engineering Departments. During this process we were asked if we
could get fiber from our planned route to the new location of the Tax Commissioners Office on
Washington Road. We determined an appropriate route to access the property and installed
approximately 6,230 feet of fiber to meet this need. This installation involved a more traditional
approach to installing the fiber including trenching. The cost of making this connection was
$1.82/ft.
Conclusion
The expected cost to install fiber by a contractor is $20.00 - $25.00 per foot. The results of this
project indicate that the cost of installing fiber with our own forces would be a significant
savings as compared to an expected cost to use contracted installers. There is the possibility that
this project did not encounter some of the more adverse conditions which may be present in this
type of work. We believe, however, that even under more difficult conditions our costs would
not escalate to a point that would negate any savings. We believe that a reasonable expectation
would be that our cost for most projects would be in the $2.00 to $5.00 per foot range.
Attachment number 1 \nPage 1 of 1
Item # 43
Proposed Fiber Installation and Maintenance Crew
Having demonstrated the efficacy of installing fiber with our own forces, we propose to
establish a crew dedicated to this work. The crew would be responsible for installing and
maintaining our fiber network. In addition this crew would assist other departments that have
fiber needs such as the Information Technology Department and the Traffic Engineering
Department. We would anticipate being reimbursed for work for other departments based on
our actual costs to perform the work. The proposed makeup of this crew is described below.
Fiber Crew Positions & Responsibilities
Assistant Facility Manager (1 Position): This position would be responsible for the planning and
execution of the work. This would include the following activities:
Planning and coordination with other parties involved or impacted by the project.
Assigning daily work activities to crew members.
Identifying and ordering materials needed for projects.
Managing the staff assigned to the projects.
Oversee and test work to insure work quality is maintained.
Plant Mechanic (5 Positions): These positions would perform the work related to completing
projects successfully. This would include the following activities:
Operate specialty equipment for installing fiber optic cable.
Install various types of fiber optic cable using best practices.
Locating and confirming the location of other buried utilities to insure a safe project
with minimal disruptions.
Using hand tools as needed for project completion.
Perform preventive maintenance on equipment as needed.
Installing and validating fiber splices and connections.
Maintaining appropriate traffic control measures when working in or near roadways.
SCADA Operator/Data Manager (1 Position): This position will maintain the SCADA interface
system, data related to fiber locations, records of work activities performed, and materials
inventory. This would include the following activities:
Update and maintain SCADA standard operating procedures.
Training new and existing staff in the use of the SCADA system.
Assist with the layout and design of graphics and alarms.
Updates SCADA software as needed.
Utilizes work order system to track work activities.
Monitor warehouse inventory and reorder parts and materials as needed.
Attachment number 2 \nPage 1 of 1
Item # 43
Commission Meeting Agenda
9/16/2014 2:00 PM
Motion to Abandon portions of Alexander Drive
Department:law
Caption:Motion to determine that 0.166 Acre of Right-of-Way at the
Northwest Intersection of Alexander Drive and Old Alexander
Drive, as shown on the attached plat has ceased to be used by the
public to the extent that no substantial public purpose is served by
it or that its removal from the county road system is otherwise in
the best public interest, pursuant to O.C.G.A. §32-7-2, with the
abandoned property to be quit-claimed to the appropriate party
(ies), as provided by law and an easement to be retained over the
entire abandoned portion for existing or future utilities as directed
by Augusta Engineering Department and Augusta Utilities
Department. (Approved by Engineering Services Committee
September 8, 2014)
Background:The property lies between and is landlocked by 999 Alexander
Drive and the Right-of-Way/Drainage easement limits. The
property at 999 Alexander Drive is owned by Sana Ullah. Ms.
Ullah has requested that the right-of-way be abandoned and
quitclaimed to her. The legal description and plat of 0.166 Acre of
Right-of-Way at the Northwest Intersection of Alexander Drive
and Old Alexander Drive are attached.
Analysis:In addition to the information provided in the above Background
section, publication notices will be made for a public hearing to be
held, with results to be presented to the Commission. Notice to the
property owners located thereon will be made, pursuant to
O.C.G.A. §32-7-2(b) (1).
Financial Impact:Cost of publication and advertisement of public hearing.
Alternatives:Approve or deny request to determine that 0.166 Acre of Right-of-
Way at the Northwest Intersection of Alexander Drive and Old
Alexander Drive be abandoned.
Recommendation:Approve determination and request for abandonment of 0.166
Acre of Right-of-Way at the Northwest Intersection of Alexander
Cover Memo
Item # 44
Drive and Old Alexander Drive, with public hearing to be held
regarding the issue of abandonment pursuant to O.C.G.A. §32-7-
2, with the abandoned property to be quit-claimed to the
appropriate party(ies) as allowed by law, and an easement(s) as
directed by the Augusta Engineering Department and the Augusta
Utilities Department to be retained over the entire abandoned
portion for existing or future utilities and drainage.
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 44
Attachment number 1 \nPage 1 of 2
Item # 44
Attachment number 1 \nPage 2 of 2
Item # 44
Commission Meeting Agenda
9/16/2014 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 # 45
Commission Meeting Agenda
9/16/2014 2:00 PM
Hyde Park/Wilkerson Gardens Drainage Improvements- Funds Relocation
Department:Abie L. Ladson, Director
Caption:Motion to approve reallocation $630,000 from Oates Creek
(SPLOST III – District 2), to Hyde Park/Wilkerson Gardens
Drainage Improvements Project to partially fund land acquisition
and resident relocations as requested by AED. (No
recommendation Engineering Services Committee September
8, 2014)
Background:In March of 2009, the Augusta-Richmond County approved WK
Dickson to complete designs for the Wilkerson Gardens Drainage
Improvements project. In the hydraulic and hydrology study, it
was revealed that drainage improvements in Wilkerson Gardens
will increase the flow rate of storm water downstream to The
Hyde Park Subdivision. The increase flow rate will cause the
already flooding Hyde Park to flood more severely and
frequently. After having several meetings and discussions with the
District Two Commissioner, Administrator, Hyde Park residents,
design consultants, and other City Departments, it was proposed
to bring before the Engineering Committee and the full
Commission the option to construct a regional stormwater
detention pond within Hyde Park. The plan required the relocation
of Hyde Park residents to other dwellings. The plan also addresses
both the Wilkerson Gardens and Hyde Park drainage issues. To
proceed, the plan required an estimated $200,000 for designing the
detention pond, $8,000,000 to acquire Hyde Park properties
owners, and $10,000,000 to construct the Hyde Park Regional
Detention Pond and reconstruct the drainage system in Wilkerson
Gardens. With only partial funding, The Engineering Department
recommended applying for a $10,000,000 low interest loan
through the Georgia Environmental Facilities Authority (GEFA)
and obtaining funds through the Georgia Emergency Management
Agency (GEMA). The request to apply for the $10,000,000 low
interest loan was disapproved by the Augusta-Richmond County
Commission in June 2010.
Analysis:AED is recommending reallocating funds of $630,000 from
SPLOST III (Oates Creek). Additional funds are needed to
continue the relocation process. A total of $3,824,483.62 has been
Cover Memo
Item # 46
incurred for design, land acquisition, and resident relocations. The
current balance is $410,616.38 and the additional funds would
give a balance of $1,040,616.38. Current funds have fully funded
design and approximately 40% of land acquisition and resident
relocations. The Oates Creek project is a discontinued project and
a total of $630,000 remains in the account. See progress chart
below: 1) Supplement WK Dickson contract for the design of the
regional detention pond: 100% Complete - Proposed time is 2
months @ estimated cost of $0.00. 2) Design detention pond and
storm sewer system (Including permitting process): 85%
Complete - Proposed time is 14 months @ estimated cost of
$200,000.00 3) Land acquisition and Resident Relocations
(PARTIALLY FUNDED): 40% Complete - Proposed time is 48
months @ estimated cost of $8,000,000.00 4) Construction (Hyde
Park and Wilkerson Gardens) (NOT FUNDED): 0% Complete -
Proposed Time is: TETBD @ estimated cost of: $10,000,000.00
Total Estimated Cost: $18,200,000.00 NOTE: (TETBD) To Early
To Be Determined Plans to fund the remaining land acquisition
and resident relocations, and construction will be proposed
through SPLOST Recapture, future SPLOST, an a possible
stormwater utility program.
Financial Impact:Funds are available in the Oates Creek project
Alternatives:1) Approve reallocation $630,000 from Oates Creek (SPLOST III
– District 2), to Hyde Park/Wilkerson Gardens Drainage
Improvements Project to partially fund land acquisition and
resident relocations as requested by AED. 2) Do not approve and
continue placing the project on hold.
Recommendation:Approve alternative one.
Funds are Available
in the Following
Accounts:
323-04-1110-6011110/ 203823451
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 46
Augusta-Richmond County, Georgia
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 CPB#328-041110-212828202. This reques is to approve
reallocated funds of $630,000 from Oates Creek (SPLOST III-District 2) to Hyde Park/Wilkerson
Gardens Drainage Improvements project to partially fund land acquisition and resident
relocations.
Section 2: The following revenues are anticipated to be available to the Consolidated
Government to complete the project.
MLK Drive, SPLOST VI 1,250,000$
Old Savannah Rd, SPLOST III 1,075,100$
Hyde Park, SPLOST VI 2,000,000$
Oates Creek 630,000$
4,955,100$
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
CAPITAL PROJECT BUDGET
CPB#328-041110-212828202
HYDE PARK/WILKERSON GARDENS DRAINAGE IMPROVEMENTS
REALLOCATION CHANGE NUMBER ONE
Please do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission for execution. For information reference this request, contact Engineering at ext 5070. Thanks
1.13.2012
Attachment number 1 \nPage 1 of 2
Item # 46
Augusta-Richmond County, Georgia
CAPITAL PROJECT BUDGET
CPB#328-041110-212828202
HYDE PARK/WILKERSON GARDENS DRAINAGE IMPROVEMENTS
REALLOCATION CHANGE NUMBER ONE
Please do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission for execution. For information reference this request, contact Engineering at ext 5070. Thanks
CPB AMOUNT CPB NEW
SOURCE OF FUNDS CPB ADDITION CPB
MLK Drive, SPLOST VI ($1,250,000) ($1,250,000)
Old Savannah Rd, SPLOST III ($1,075,100) ($1,075,100)
Hyde Park, SPLOST VI ($2,000,000) ($2,000,000)
Oates Creek, SPLOST III ($630,000) ($630,000)
TOTAL SOURCES:($4,325,100) ($4,955,100)
USE OF FUNDS
CONTINGENCY
PHASE VI $4,325,100 $630,000 $4,955,100
TOTAL USES:$4,325,100 $630,000 $4,955,100
1.13.2012
Attachment number 1 \nPage 2 of 2
Item # 46
Commission Meeting Agenda
9/16/2014 2:00 PM
Minutes
Department:Clerk of Commission
Caption:Motion to approve the minutes of the regular meeting of the
Commission held September 2, 2014 and Special Called Meeting
held August 8, 2014.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 47
Commission Meeting Agenda
9/16/2014 2:00 PM
Board of Health Appointments
Department:
Caption:Consider the recommendations of the Richmond County Board of
Health to appoint as follows: Willie Joseph Hillson, M.D. to the
unexpired term of Elijah Lightfoot, Jr., M.D ending December 31,
2016 and Bruce Riggs, D.M.D. to a four-year term formerly held
by Dr. F. Marion Durst, III.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 48
Attachment number 1 \nPage 1 of 3
Item # 48
Attachment number 1 \nPage 2 of 3
Item # 48
Attachment number 1 \nPage 3 of 3
Item # 48
Commission Meeting Agenda
9/16/2014 2:00 PM
Update Clerk's Office Office Space
Department:
Caption:Update from the Interim Administrator regarding Clerk of
Commission's Office Space.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 49
Commission Meeting Agenda
9/16/2014 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 # 50