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HomeMy WebLinkAbout2014-10-07-Meeting Agenda Commission Meeting Agenda Commission Chamber 10/7/2014 2:00 PM INVOCATION: Rev. Dave Vosseller, Senior Pastor, Lakemont Presbyterian Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. Five (5) minute time limit per delegation DELEGATIONS A. Presentation by Mr. Stan Brown regarding unsafe working conditions relative to violence and threats of violence. (Requested by Commissioner Ben Hasan) Attachments B. Ms. Sue Parr, Augusta Metro Chamber of Commerce presentation on energy excise tax. Attachments C. Mr. Clay Jones, GA Association of Manufacturers regarding the excise tax on energy used in manufacturing. Attachments CONSENT AGENDA (Items 1-26) PUBLIC SERVICES 1. Motion to approve New Ownership Application: A.N. 14 - 36: a request by Manishaben Patel for retail package Beer & Wine License to be used in connection with AM-PM Convenience Store located at 2262 Rosier Rd. District 6. Super District 10. (Approved by Public Services Committee September 29, 2014) Attachments 2. Motion to approve New Ownership Application: N. 14-35: request by Balvantrai Mistry for a retail package Beer & Wine License to be used in connnection with Gate Two Mini Mart located at 2985 Gordon Hwy. District 3. Super District 10.(Approved by Public Services Committee September 29, 2014) Attachments 3. Motion to approve extending the lease with the US Navy for the Naval Reserve Center on Central Avenue through June 2015. Lease payments are $1 per year; Augusta has no financial or maintenance obligations under this lease. (Approved by Public Services Committee September 29, 2014) Attachments 4. Motion to approve Bid Item 14-199, New Floating Dock System, to Connect-A-Dock in the amount of $42,552. (Approved by Public Services Committee September 29, 2014) Attachments 5. Motion to approve proceeding with holding three pubic hearings regarding the establishment of the six month Ft. Gordon Route 10 pilot project and bring back to the Commission on October 21st for final approval of the program. (Approved by Public Services Committee September 29, 2014) Attachments 6. Motion to approve an Ordinance amending Augusta, Georgia Code , Title 2, Chapter 2, Article 4, Excise Tax for Hotels/Motels, Sections 2-2- 27 through Section 2-2-35; Article 5, Local Business License Tax on Depository Financial Institutions, Section 2-2-36 through Section 2-2-49; and Article 6, Tax Imposed (Rental Motor Vehicle), Sections 2-2-50 through 2-2-56 as recommended by the Planning and Development Department. (Approved by Commission September 16, 2014 - second reading) Attachments PUBLIC SAFETY 7. Motion to approve Technical Services Audio Visual to perform system upgrades and necessary cabling to improve functionality and reliability of the Audio Visual systems at the Judicial Center Court Rooms. (Approved by Public Safety Committee September 29, 2014) Attachments 8. Motion to approve acceptance of Annual GEMA Grant and authorize Mayor to execute documentation. (Approved by Public Safety Committee September 29, 2014) Attachments 9. Motion to approve the proposed the salary structure for the staff at the Richmond County Correctional Institution to include the Warden and Deputy Warden as presented by Warden Evan Joseph subject to staff bringing back the financial numbers' impact to the full Commission for final approval. (Approved by Public Safety Committee September 29, 2014) Attachments FINANCE 10. Motion to approve the purchase of 1 utility body maintenance trucks for Fleet Management - Broad Street shop to be used on Road Calls for all departments. (Approved by Finance Committee September 29, 2014) Attachments 11. Second Reading - 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. (Approved by Commission September 16, 2014) Attachments 12. Motion to approve consideration of a waiver of penalities and interest when the demolition of the structure has been completed relative to a request from Mr. Jim Wall, Attorney for Mr. Edgar Matthews, on the ad valorem taxes owed by Southern Milling Company, 1015 Twiggs Street. (Approved by Finance Committee September 29, 2014) Attachments ENGINEERING SERVICES 13. 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 227-1-096-00- 0) 4780 Windsor Spring Road. (Approved by Engineering Services Committee September 29, 2014) Attachments 14. Motion to authorize condemnation to acquire title of a portion of property for right of way and permanent construction and maintenance easement (Parcel 193-0-036-00-0) 4636 Windsor Spring Road. (Approved by Engineering Services Committee September 29, 2014) Attachments 15. Motion to authorize condemnation to acquire title of a portion of property for right of way, permanent easement, and one driveway easement (Parcel 209-0-015-01-0) 4752 Windsor Spring Road. (Approved by Engineering Services Committee September 29, 2014) Attachments 16. Motion to authorize condemnation to acquire title of a portion of property for right of way, permanent easement, temporary encroachment easement, and one driveway easement (Parcel 209-0-008-00-0) 4731 Windsor Spring Road. (Approved by Engineering Services Committee September 29, 2014) Attachments 17. Motion to approve an Option for Right of Way between Dennis E. Morris and Dianna L. Albright n/k/a Dianna L. Morris and Augusta, Georgia for an easement consisting of 0.814 acre (35,476.13 sq. ft.) in fee, and 0.074 acre (3,231.40 sq. ft.) of permanent construction and maintenance easement located at 2514 Patterson Bridge Road for a total price of $63,800.00. (Approved by Engineering Services Committee September 29, 2014) Attachments 18. Motion to approve a Construction Change Order in the amount of $43,866.50 for the Marion Homes Water Main Improvements project by Eagle Utility Contracting, Inc. Bid item #14-134. (Approved by Engineering Services Committee September 29, 2014) Attachments 19. Motion to approve the deeds of dedication, maintenance agreements, and road resolution submitted by the Engineering and Augusta Utilities Departments for Haynes Station, Phase 2B. (Approved by Engineering Services Committee September 29, 2014) Attachments 20. Motion to approve and authorize the Engineering Department (AED) to purchase 439 stream mitigation credits at a total cost of $24,803.50 ($56.50 per mitigation credit) from the Bath Branch Augusta, LLC (Bath Attachments Branch Mitigation Bank) to mitigate stream impacts as determined necessary by the US Army Corps of Engineers in regards to the Mark Church Road Improvements Project. Funding is available through Project TIA funds. (Approved by Engineering Services Committee September 29, 2014) 21. Motion to approve the Design Consultant Services Supplemental Agreement Number One for the North Leg Road Improvements Project with Wolverton and Associates in amount of $288,000 for the completion of preliminary plans, right-of-way plan, and final plans as requested by AED. This Project is in Band 1 of the approved Richmond County Project List for the Transportation Investment Act of 2010 (aka, TIA, TSPLOST). (Approved by Engineering Services Committee September 29, 2014) Attachments 22. Motion to approve entering into an agreement with Jefferson Energy Cooperative stating that Augusta, Georgia will be responsible for the cost to relocate their facilities on the project to improve Windsor Spring Road Phase IV, Willis Foreman Road to Tobacco, Road, CPB# 323-04- 299823766. Also, approve for the Augusta, Georgia Legal Counsel, Mayor and other designated representatives of Augusta, Georgia to execute three (3) Utility Relocation Agreements which state that, upon completion of the work, payment will be made as requested by the Augusta Engineering Department. (Approved by Engineering Services Committee September 29, 2014) Attachments 23. Motion approve entering into an agreement with Unite Private Networks LLC stating that Augusta, Georgia will not be responsible for the cost to relocate their facilities on the project to improve Windsor Spring Road Phase IV, Willis Foreman Road to Tobacco Road, CPB# 323-04- 299823766. Also, approve for the Augusta, Georgia Legal Counsel, Mayor and other designated representatives of Augusta, Georgia to execute three (3) Utility Relocation Agreements which state that, upon completion of the work, Augusta, Georgia will not be responsible for any of the cost for relocation of their facilities as requested by AED. (Approved by Engineering Services Committee September 29, 2014) Attachments 24. Motion to approve entering into an agreement with Unite Private Networks LLC stating that Augusta, Georgia will not be responsible for the cost to relocate their facilities on the project to improve Windsor Attachments Spring Road Phase V, State Route 88 in Hephzibah to Willis Foreman Road, CPB# 323-04-299823786. Also, approve for the Augusta, Georgia Legal Counsel, Mayor and other designated representatives of Augusta, Georgia to execute three (3) Utility Relocation Agreements which state that, upon completion of the work, Augusta, Georgia will not be responsible for any of the cost for relocation of their facilities as requested by AED. (Approved by Engineering Services Committee September 29, 2014) PETITIONS AND COMMUNICATIONS 25. Motion to approve the minutes of the regular meeting of the Commission held September 16, 2014 and Special Called Meeting held September 29, 2014. Attachments APPOINTMENT(S) 26. Motion to approve the appointment of Mr. Darren Smith to Coliseum Authority due to the resignation of Mr. Louis Harris representing District 10. Attachments ****END CONSENT AGENDA**** AUGUSTA COMMISSION 10/7/2014 AUGUSTA COMMISSION REGULAR AGENDA 10/7/2014 (Items 27-35) PLANNING 27. 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 Attachments Tax Map 213-0-156-00-0 (DISTRICT 6) (Requested by the Administrator-no action vote by the Commission on September 16, 2014) 28. Z-14-19 – Discuss the approval of a request of 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) (Requested by the Administrator - Approved by the Commission September 16, 2014) Attachments PUBLIC SERVICES 29. Update from the Interim Administrator regarding the timeline for the relocation of the Clerk of Commission Office. (Requested by Commissioner Marion Williams) Attachments ADMINISTRATIVE SERVICES 30. Discuss the update on the Disparity Study. (No recommendation from Administrative Services Committee September 29, 2014) Attachments 31. Motion to approve an Ordinance to Amend the Augusta, GA Code Title One Article Four Section 1-7-51 Relating to the Adoption of Personnel Policies and Procedures of Augusta, Georgia; To approve edits to the FOLLOWING SECTIONS OF Chapter IV of THE Personnel Policies and Procedures Manual: 900.001, 900.006, 900.009, 900.011, 900.012 and 900.202; To Repeal All MANUAL PROVISIONS, Code Sections and Ordinances and Parts of Code Sections and Ordinances in Conflict Herewith; To Provide an Effective Date and For Other Purposes. (Requested by Commissioner Marion Williams) Attachments PUBLIC SAFETY 32. Motion to approve the creation of a new Adoption Coordinator position for Animal Services Department. Attachments Upcoming Meetings www.augustaga.gov 33. Motion to approve extending Animal Services hours of operations. Attachments 34. Motion to approve the attached updated fee collection schedule. Attachments LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 35. Motion to approve execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Commission Meeting Agenda 10/7/2014 2:00 PM Invocation Department: Caption:Rev. Dave Vosseller, Senior Pastor, Lakemont Presbyterian 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 10/7/2014 2:00 PM Stan Brown Department:Clerk of Commission Caption:Presentation by Mr. Stan Brown regarding unsafe working conditions relative to violence and threats of violence. (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 # 2 Attachment number 1 \nPage 1 of 1 Item # 2 Attachment number 2 \nPage 1 of 5 Item # 2 Attachment number 2 \nPage 2 of 5 Item # 2 Attachment number 2 \nPage 3 of 5 Item # 2 Attachment number 2 \nPage 4 of 5 Item # 2 Attachment number 2 \nPage 5 of 5 Item # 2 Commission Meeting Agenda 10/7/2014 2:00 PM Sue Parr Department: Caption:Ms. Sue Parr, Augusta Metro Chamber of Commerce presentation on energy excise tax. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 3 Attachment number 1 \nPage 1 of 1 Item # 3 Commission Meeting Agenda 10/7/2014 2:00 PM Clay Jones Department: Caption:Mr. Clay Jones, GA Association of Manufacturers regarding the excise tax on energy used in manufacturing. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 4 Attachment number 1 \nPage 1 of 1 Item # 4 Commission Meeting Agenda 10/7/2014 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) (Requested by the Administrator-no action vote by the Commission on September 16, 2014) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 5 Attachment number 1 \nPage 1 of 3 Item # 5 Attachment number 1 \nPage 2 of 3 Item # 5 Attachment number 1 \nPage 3 of 3 Item # 5 Commission Meeting Agenda 10/7/2014 2:00 PM Z-14-19 Department:Planning Commission Caption: Z-14-19 – Discuss the approval of a request of 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) (Requested by the Administrator - Approved by the Commission September 16, 2014) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 6 Attachment number 1 \nPage 1 of 3 Item # 6 Attachment number 1 \nPage 2 of 3 Item # 6 Attachment number 1 \nPage 3 of 3 Item # 6 Attachment number 2 \nPage 1 of 1 Item # 6 Commission Meeting Agenda 10/7/2014 2:00 PM Alcohol Application Department:Plannind & Development Caption:Motion to approve New Ownership Application: A.N. 14 - 36: a request by Manishaben Patel for retail package Beer & Wine License to be used in connection with AM-PM Convenience Store located at 2262 Rosier Rd. District 6. Super District 10. (Approved by Public Services Committee September 29, 2014) Background:This is a new ownership application. Formerly in the name of Amarjit Kaur. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance Financial Impact:The applicant will pay a pro-rated fee of $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 # 7 Attachment number 1 \nPage 1 of 2 Item # 7 Attachment number 1 \nPage 2 of 2 Item # 7 Commission Meeting Agenda 10/7/2014 2:00 PM Alcohol Application Department:Planning & Development Caption:Motion to approve New Ownership Application: N. 14-35: request by Balvantrai Mistry for a retail package Beer & Wine License to be used in connnection with Gate Two Mini Mart located at 2985 Gordon Hwy. District 3. Super District 10. (Approved by Public Services Committee September 29, 2014) Background:This is a New Ownership Application. Formerly in the name of Marty Koger. Analysis: 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 # 8 Attachment number 1 \nPage 1 of 2 Item # 8 Attachment number 1 \nPage 2 of 2 Item # 8 Commission Meeting Agenda 10/7/2014 2:00 PM Extend Lease with Navy for Central Avenue Reserve Center Department:Recreation, Parks and Facilities - Facilities Caption:Motion to approve extending the lease with the US Navy for the Naval Reserve Center on Central Avenue through June 2015. Lease payments are $1 per year; Augusta has no financial or maintenance obligations under this lease. (Approved by Public Services Committee September 29, 2014) Background:This lease has been in place since 1946. The Navy is required to request renewal annually. Analysis:This is a continuation of a long standing existing lease. There is no cost to Augusta and we have no current need for the building. Financial Impact:None. Alternatives:1. Approve extending the lease with the US Navy for the Naval Reserve Center on Central Avenue through June 2015. Lease payments are $1 per year, Augusta has no financial or maintenance obligations under this lease. 2. Do not approve Recommendation:Approve extending the lease with the US Navy for the Naval Reserve Center on Central Avenue through June 2015. Lease payments are $1 per year, Augusta has no financial or maintenance obligations under this lease. Funds are Available in the Following Accounts: No funding required REVIEWED AND APPROVED BY: Cover Memo Item # 9 Commission Meeting Agenda 10/7/2014 2:00 PM New Floating Dock System Department:Recreation, Parks and Facilities Caption:Motion to approve Bid Item 14-199, New Floating Dock System, to Connect-A-Dock in the amount of $42,552. (Approved by Public Services Committee September 29, 2014) Background:Funds were appropriated through SPLOST VI for improvements to the Augusta riverfront marina area. Analysis:Working in conjunction with the Augusta Port Authority, the recommended improvement project consisted of the replacement of old wooden docks located near the downstream marina building that have become a liability for the City over the years. The new floating dock system is crucial for future water based events such as the Head of the South Regatta, the US Rowing Masters National Head Race Championship Regatta as well as other future special events on the Savannah River. Financial Impact:A total of $50,000 has been allocated and approved for improvements at the Augusta riverfront marina areas on the Savannah River. Alternatives:1. To Approve Bid Item 14-199, new floating dock system to Connect-A-Dock in the amount of $42,552. 2. Move No Action thus delaying the intended improvements Recommendation:1. To Approve Funds are Available in the Following Accounts: 328061110 - 214066109 REVIEWED AND APPROVED BY: Cover Memo Item # 10 Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 10 Invitation to Bid Sealed bids will be received at this office on Wednesday, September 17, 2014 @ 11:00 a.m. for furnishing: Bid Item 14-199 Floating Dock System for Recreation, Parks & Facilities Department Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 706-821-2422 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 530 Greene Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, September 5, 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 applicable to this project. To be approved as a local bidder and receive bid preference an eligible bidder must submit a completed and signed written application to become a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project. An eligible bidder who fails to submit an application for approval as a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project, and who otherwise meets the requirements for approval as a local bidder, will not be qualified for a bid preference on such eligible local project. No Bid may be withdrawn for a period of 90 days after time has been called on the date of opening. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. GERI A. SAMS, Procurement Director Augusta Chronicle August 14, 21, 28, September 4, 2014 Metro Courier August 20, 2014 Revised: 3/7/2013 Attachment number 1 \nPage 1 of 1 Item # 10 Attachment number 2 \nPage 1 of 3 Item # 10 Attachment number 2 \nPage 2 of 3 Item # 10 Attachment number 2 \nPage 3 of 3 Item # 10 Attachment number 3 \nPage 1 of 1 Item # 10 Vendors Attachment B E-Verify Number Addendum 1 SAVE Form CONNECT A DOCK 1000 SERIES SYSTEM UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE Description: Connector Item: 211001851 Qty: 228 $30.00 $6,840.00 Included Description: Gangway Qty: 1 $5,000.00 $5,000.00 $5,635.00 Description: Bracket Item: 171002958 Qty: 4 $219.00 $876.00 $219.00 $876.00 Description: Fitting Item: 171002957 Qty: 4 $141.00 $564.00 $141.00 $564.00 Description: Float Item: 191001795 Qty: 8 $50.00 $400.00 Included Freight $3,000.00 $2,800.00 Total $42,552.00 $59,375.00 Description: Float Section Item:401004513 Qty: 24 $25,872.00 Yes DOCK HARDWARE & MARINE 2401 NORTH MAIN STREET CONWAY, SC 29526 Yes $1,078.00 $49,500.00 Yes CONNECT-A-DOCK 1501 OWNER AVE ATLANTA IA 50022 Yes 582285 Yes Bid Item #14-199 Floating Dock System for Augusta, GA - Recreation Park & Facilities Department Bid Opening Date: 61394440 Yes Page 1 of 1 At t a c h m e n t n u m b e r 4 \ n P a g e 1 o f 1 It e m # 1 0 Commission Meeting Agenda 10/7/2014 2:00 PM Proposal for Ft. Gordon Transit Route Department:Clerk of Commission Caption:Motion to approve proceeding with holding three pubic hearings regarding the establishment of the six month Ft. Gordon Route 10 pilot project and bring back to the Commission on October 21st for final approval of the program. (Approved by Public Services Committee September 29, 2014) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 11 Attachment number 1 \nPage 1 of 11 Item # 11 Attachment number 1 \nPage 2 of 11 Item # 11 Attachment number 1 \nPage 3 of 11 Item # 11 Attachment number 1 \nPage 4 of 11 Item # 11 Attachment number 1 \nPage 5 of 11 Item # 11 Attachment number 1 \nPage 6 of 11 Item # 11 Attachment number 1 \nPage 7 of 11 Item # 11 Attachment number 1 \nPage 8 of 11 Item # 11 Attachment number 1 \nPage 9 of 11 Item # 11 Attachment number 1 \nPage 10 of 11 Item # 11 Attachment number 1 \nPage 11 of 11 Item # 11 Commission Meeting Agenda 10/7/2014 2:00 PM Proposed Amendments to the Hotel/Motel and Rental Motor Vehicle Excise Tax Codes. Department:Planning & Development Caption:Motion to approve an Ordinance amending Augusta, Georgia Code , Title 2, Chapter 2, Article 4, Excise Tax for Hotels/Motels, Sections 2-2-27 through Section 2-2-35; Article 5, Local Business License Tax on Depository Financial Institutions, Section 2-2-36 through Section 2-2-49; and Article 6, Tax Imposed (Rental Motor Vehicle), Sections 2-2-50 through 2-2-56 as recommended by the Planning and Development Department. (Approved by Commission September 16, 2014 - second reading) 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 # 12 REVIEWED AND APPROVED BY: Cover Memo Item # 12 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 # 12 2 SECTION 5. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this ___ day of ___________, 2014. __________________________ Attest:______________________________ David S. Copenhaver Lena J. Bonner, Clerk of Commission As its Mayor Seal: Attachment number 1 \nPage 2 of 16 Item # 12 3 CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission on ________________, 2014 and that such Ordinance has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordinance which was approved and adopted in the foregoing meeting(s). ______________________________ Lena J. Bonner, Clerk of Commission Published in the Augusta Chronicle. Date: _________________________ Attachment number 1 \nPage 3 of 16 Item # 12 4 “EXHIBIT A” ARTICLE 4 EXCISE TAX FOR HOTELS, MOTELS, ETC. Sec. 2-2-27. Levied; amount. There is hereby levied and imposed an excise tax at the rate of six (6) percent of the charge to the public for and upon the furnishing for value to the public of any room or rooms, lodging or accommodations furnished by any person or legal entity within Augusta-Richmond County operating a hotel, motel, inn, lodge, tourist camp, tourist cabin or other place in which rooms, lodging or accommodations are regularly furnished for value. Such tax shall not include the sale or charges for any rooms, lodgings or accommodations furnished for a period of more than thirty (30) consecutive days, or for the use of meeting rooms. Sec. 2-2-28. Remittance; when due; interest and penalties on delinquent taxes. (a) Dealers shall pay the hotel and motel tax with such remittance form as prescribed by Augusta-Richmond County. Each dealer shall remit the tax to the Augusta-Richmond County Commission, Hotel and Motel Tax, P.O. Box 9270, Augusta, Georgia 30906, with check or money order payable to the Commission. (b) Such excise tax shall be paid monthly within twenty (20) days after the end of each month. (c) Any past due and delinquent taxes owed Augusta-Richmond County under this Article shall bear interest at the rate of one (1) percent per month from the date the tax is due until the date the tax is paid. When any dealer fails to make any return or to pay the full amount of the tax required by this Article, when due, there shall be imposed, in addition to other penalties provided by law, interest as provided herein, and forfeiture of the collection fee as provided in section 2-2-29, a further penalty to be added to the tax in the amount of five (5) percent or five dollars ($5.00), whichever is greater, if the failure is for not more than thirty (30) days and an additional five (5) percent or five dollars ($5.00), whichever is greater, for each additional thirty (30) days during which the failure continues. The penalty for any single violation shall not exceed twenty-five (25) percent or twenty-five dollars ($25.00), whichever is greater. If the failure is due to providential cause, shown to the satisfaction of the Tax Commissioner in affidavit form attached to the return and remittance is made within ten (10) days of the due date, the return may be accepted exclusive of penalties and interest. In the case of a fraud or fraudulent return or of a failure to file a return where willful intent exists to defraud Augusta-Richmond County of any tax due under this Article, a penalty of fifty (50) percent of the tax due shall be assessed. Sec. 2-2-29. Dealer's collection fee. Dealers collecting the hotel and motel tax shall be allowed a percentage of the tax due and accounted for in the amount of three (3) percent in the form of a deduction in submitting, reporting and paying the amount due, if such amount is not delinquent at the time of payment. Upon the failure to make a timely report and remittance by the twentieth day of the month next succeeding the month in which such sales were made, such collection fee shall be forfeited. Dealers shall pay such tax with such remittance form as prescribed by the Augusta-Richmond County Commission. Sec. 2-2-30. Verifications of books and records. Attachment number 1 \nPage 4 of 16 Item # 12 5 All books and records of each dealer shall be subject to inspection and audit by Augusta- Richmond County to verify compliance with this article. Sec. 2-2-31. In addition to other taxes. The excise tax provided for hereinabove shall be in addition to any license fee or occupation tax or charge which may now or in the future be imposed upon dealers within Augusta-Richmond County. Sec. 2-2-32. Distribution of proceeds (as determined by the Augusta Commission). (a) Sixteen and two-thirds (16 2/3) percent of the hotel-motel excise tax imposed by this section is hereby appropriated to the Augusta-Richmond County Coliseum Authority for the construction and expansion of the civic center or coliseum as provided in O.C.G.A. § 48-13- 51(a)(4), and such proceeds from the hotel-motel tax shall be delivered to such Authority each month. (b) An additional twenty-three and one-third (231/3) percent of the hotel-motel excise tax imposed by this section is hereby appropriated to the Augusta-Richmond County Coliseum Authority for the support, construction and expansion of the civic center or coliseum as provided in O.C.G.A. § 48-13-51(a)(4), and such proceeds fromthe hotel-motel tax shall be delivered to such Authority each month. (c) An additional ten (10) percent of the hotel-motel excise tax imposed by this section is hereby appropriated to the Augusta-Richmond County Coliseum Authority for the support of the civic center or coliseum as provided in O.C.G.A. § 48-13-51(a)(4), and such proceeds from the hotel- motel tax shall be delivered to such Authority each month. (d) Thirty-three and one-third (331/3) percent of the hotel-motel excise tax imposed by this section is hereby appropriated to the Augusta Convention and Visitors Bureau, Inc. (e) An additional sixteen and two-thirds (162/3) percent is hereby appropriated as follows: (1) For calendar year 1998, the full amount shall be paid to the Augusta-Richmond County Museum; (2) For calendar year 1999, Three Hundred Thousand Dollars ($300,000.00), to be paid in twelve (12) equal monthly payments, shall be paid to the Augusta-Richmond County Museum and the balance shall be paid to the Augusta Convention and Visitors Bureau, Inc., to be used solely as provided in subparagraph (f) hereof; (3) For calendar year 2002, Three Hundred Thousand Dollars ($300,000.00) shall be paid to the Augusta Museum of History and Seventy-five Thousand Dollars ($75,000.00) shall be paid to the Lucy Laney Craft Museum and the balance shall be paid to the Augusta Convention and Visitors Bureau, Inc., to be used solely as provided in subparagraph (f) hereof; (4) For calendar year 2001, One Hundred Thousand Dollars ($100,000.00), to be paid in twelve (12) equal monthly payments, shall be paid to the Augusta-Richmond County Museum and the balance shall be paid to the Augusta Convention and Visitors Bureau, Inc., to be used solely as provided in subparagraph (f) hereof; (5) For calendar year 2002 and each year thereafter, said amount shall be paid to the Augusta Convention and Visitors Bureau, Inc., to be used solely as provided in subparagraph (f) hereof. (f) Amounts paid to the Augusta Convention and Visitors Bureau, Inc. pursuant to subsection (e)(2) through (e)(5) hereof shall be used solely as provided in the contract between the Augusta Convention and Visitors Bureau, Inc. and Augusta, Georgia. Attachment number 1 \nPage 5 of 16 Item # 12 6 Sec. 2-2-33. Determinations, returns and payments. (a) Due date of taxes. All taxes collected by any licensee or agent hereunder shall be due and payable to the Director of Planning & Development of Augusta-Richmond County monthly on or before the twentieth day of every month next succeeding each respective monthly period, as set forth in section 2-2-28 herein. (b) Return; time of filing; persons required to file; execution. On or before the twentieth day of the month following each monthly period, a return for the preceding monthly period shall be filed with the Director of Planning & Development of Augusta-Richmond County in such form as the director may prescribe by every licensee or agent liable for the payment of tax hereunder. (c) Contents of return. All returns shall show the gross receipts from the sale of rooms, as defined in section 2-2-27, amount of tax collected or authorized due for the related period, and such other information as may be required by the Director of Planning & Development. (d) Delivery of return and remittance. The person required to file the return shall deliver the return, together with the remittance of the net amount of tax due to Planning & Development Department, 1815 Marvin Griffin Road, Augusta, Ga. 30906, for Augusta-Richmond County. (e) Collection fee allowed operators. Operators collecting the tax shall be allowed to receive a percentage of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting and paying the amount due, if said amount is not delinquent at the time of payment. The rate of the deduction shall be the same rate authorized for deductions from state tax under the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. Laws, P. 360) as now or hereafter amended. Sec. 2-2-34. Deficiency determinations. (a) Recomputation of tax; authority to make; basis of recomputation. If the Director of Planning & Development is not satisfied with the return or returns of the tax, or the amount of the tax to be paid to the Augusta-Richmond County Commission by any person, he may compute and determine the amount required to be paid upon the basis of any information within his possession or that may come into his possession. One or more than one deficiency determination may be made of the amount due for one or more than one monthly period. (b) Interest on deficiency. The amount of the deficiency determination, exclusive of penalties, shall bear interest at the rate of one (1) percent per month or fraction thereof from the twentieth day after the close of the monthly period in which the amount or any portion thereof should have been returned until the date of payment. (c) Offsetting of overpayment. In making a deficiency determination, the Director of Planning & Development may offset overpayment, for a period or periods, against underpayment, for another period or periods, against penalties, and against the interest on underpayment. The interest on overpayment shall be computed in the manner set forth in subsection (b) above. (d) Penalty; negligence or disregard of rules and regulations. If any part of the deficiency for which a deficiency determination has been made is due to negligence or disregard of rules and regulations, a penalty of twenty (20) percent of the amount of such deficiency shall be added thereto. (e) Penalty for fraud or intent to evade. If any part of the deficiency for which a deficiency determination is made is due to fraud or intent to evade any provisions of this article or other authorized rules and regulations, a penalty of fifty (50) percent of the deficiency shall be added thereto. Attachment number 1 \nPage 6 of 16 Item # 12 7 (f) otice of Director of Planning & Development’s dete rmination; service of. The Director of Planning & Development, or his designated representative, shall give to the licensee written notice of his deficiency determination. The notice may be served personally or by mail; if by mail such service shall be pursuant to O.C.G.A. § 9-11-4 and shall be addressed to the licensee at his address as it appears in the records of the Director of Planning & Development. In case of service by mail of any notice required by this article, the service is complete at the time of deposit in the United States Post Office. (g) Time within which notice of deficiency determination to be mailed. Except in the case of fraud, intent to evade this article or authorized rules or regulations, or failure to make a return, every notice of a deficiency determination shall be mailed within three (3) years after the twentieth day of every month following the monthly period for which the amount is proposed to be determined, or within three (3) years after the return is filed, whichever period should last expire. Sec. 2-2-35. Determination if no return made. (a) Estimate of gross receipts. If any licensee fails to make a return, the Director of Planning & Development shall make an estimate of the amount of the gross receipts of the licensee, or as the case may be, of the amount of the total sales in Augusta-Richmond County which are subject to the tax. The estimate shall be made for the period or periods in respect to which the licensee failed to make the return and shall be based upon any information which is in, or may come into, the possession of the Director of Planning & Development. Upon the basis of this estimate, the Director of Planning & Development shall compute and determine the amount required to be paid the Commission, adding to the sum thus determined a penalty equal to fifteen (15) percent thereof. One (1) or more deficiency determinations may be made for one (1) or for more than one (1) period. (b) Manner of computation; offsets; interest. In making a determination under this section, the Director of Planning & Development may offset overpayment for a period or penalties against the interest on the underpayment. The interest on underpayment shall be computed in the manner set forth in section 2-2-34(c). (c) Interest on amount found due. The amount of the determination under this section, exclusive of penalties, shall bear interest at the rate of one (1) percent per month, or fraction thereof, from the twentieth day of the month following the monthly period, for which the amount or any portion thereof should have been returned, until the date of payment. (d) Giving of notice; manner of service. Promptly after making his determination, the Director of Planning & Development shall give to the person written notice, to be served personally or by mail in the manner prescribed for service of notice of a deficiency determination. Sec. 2-2-36. Penalties and interest for failure to pay tax. Any licensee who fails to pay the tax herein imposed to the Augusta-Richmond County Commission, or fails to pay any amount of such tax required to be collected and paid to the Commission, within the time required, shall pay a penalty of ten (10) percent of the tax, or amount of the tax, in addition to the tax or amount of the tax, plus interest on the unpaid tax or any portion thereof, as set forth in section 2-2-34 (b). Sec. 2-2-37. Collection of tax. Attachment number 1 \nPage 7 of 16 Item # 12 8 (a) Security, Director of Planning & Development may exact; amount; sale of; notice of sale, return of surplus. The Director of Planning & Development, whenever he deems it necessary to ensure compliance with this article, may require any person subject hereto to deposit with him such security as the director may determine. The amount of the security shall be fixed by the director but shall not be greater than twice the person's estimated average liability for the period for which he files returns, or determined in such a manner as the director deems proper. The amount of the security may be increased by the Director of Planning & Development subject to the limitations herein provided. The director may sell the security at public auction, with the approval of the Augusta-Richmond County Commission, if it becomes necessary to do so in order to recover any tax or any amount required to be collected, interest or penalty due. Notice of the sale may be served upon the person who deposited the security personally or by mail; if by mail, service shall be made in the manner prescribed for service of a notice of a deficiency determination and shall be addressed to the person at his address as it appears in the records of the Director of Planning & Development. Upon any sale, any surplus above the amounts due shall be returned to the person who deposited the security. (b) otice of delinquency to persons holding, credits o r property of delinquent; time for; duty of persons so notified. If any person is delinquent in the payment of the amount required to be paid by him, or in the event a determination has been made against him which remains unpaid, the Director of Planning & Development may, not later than three (3) years after the payment became delinquent, give notice thereof by registered mail to all persons in Augusta-Richmond County having in their possession or under their control any credits or other personal property belonging to the delinquent, or owing any debts to the delin- quent. After receiving the notice, the persons so notified shall neither transfer nor make any other disposition of the credits, other personal property or debts in their possession or under their control at the time they receive the notice until the director consents to a transfer or disposition or until twenty (20) days elapse after the receipt of the notice. All persons so notified shall, within five (5) days after receipt of the notice, advise the director of all these credits, other personal property, or debts in their possession, under their control or owing by them. (c) Action for tax; time for. At any time within three (3) years after any tax or any amount of tax required to be collected becomes due and payable and at any time within three (3) years after the delinquency of any tax or any amount of tax required to be collected, the Director of Planning & Development may bring an action in the courts of this state, or any other state, or of the United States, in the name of the Augusta- Richmond County Commission, to collect the amount delinquent, together with penalties and interest, court fees, filing fees, attorney's fees and other legal fees incident thereto. (d) Duty of successors or assignees of operator to withhold tax from purchase money. If any operator liable for any amount under this article sells out his business or quits the business, his successors or assigns shall withhold sufficient of the purchase price to cover such amount due and owing until the former owner produces a receipt from the Director of Planning & Development showing that he has been paid or a certificate stating that no amount is due. (e) Liability for failure to withhold; certificate of notice of amount due; time to enforce successor's liability. If the purchaser of a business fails to withhold the purchase price as required under subsection (d) above, he becomes personally liable for the payment of the amount required to be withheld by him to the extent of the purchase price valued in money. Within thirty (30) days after receiving a written request from the purchaser for a certificate, the Director of Planning & Development shall either issue the certificate or mail notice to the purchaser at his Attachment number 1 \nPage 8 of 16 Item # 12 9 address as it appears on the records of the Director of Planning & Development of the amount that must be paid as a condition of issuing the certificate. The time within which the obligation of a successor may be enforced shall start to run at the time the operator sells out his business or at the time that the determination against the operator becomes final, whichever event occurs later. (f) Refund of tax, penalty or interest paid more than once or illegally collected. Whenever the amount of any tax, penalty or interest has been paid more than once, or has been erroneously or illegally collected or received by Richmond County, the City of Augusta, or Augusta-Richmond County under this Ordinance, it may be offset as provided in section 2-2-34 (c) or it may be refunded, provided a verified claim in writing therefor, stating the specific ground upon which the claim is founded, is filed with the Director of Planning & Development within three (3) years from the date of payment. The claim shall be audited and shall be made on forms provided by the director. If the claim is approved by the director and the Augusta-Richmond County Commission, the excess amount collected or paid may be refunded or may be credited on any amounts then due and payable from the person from whom it was collected or by whom paid; and the balance may be refunded to this person, his administrators or executors. Sec. 2-2-38. Administration of article. (a) Authority of Director of Planning & Development. The Director of Planning & Development shall administer and enforce the provisions of this article for the levy and collection of the tax imposed by this article. (b) Rules and regulation. The Director of Planning & Development shall have the power and authority to make and publish reasonable rules and regulations not inconsistent with this article or other laws of Augusta-Richmond County and the State of Georgia, or the constitution of this state or the United States for the administration and enforcement of the provisions of this article and the collection of the taxes hereunder. (c) Records required for operators, etc.; form. Every licensee for the sale of rooms, as defined in section 2-2-27, in this county shall keep such records, receipts, invoices and other pertinent papers in such form as the Director of Planning & Development may require. (d) Examination of records; audits. The Director of Planning & Development, auditor of Augusta-Richmond County, or any person authorized in writing by the director, may examine the books, papers, records, financial reports, equipment and other facilities of any licensee liable for the tax, in order to verify the accuracy of any return made, or if no return is made by the licensee, to ascertain and determine the amount required to be paid. (e) Authority to require reports; contents. In administration of the provisions of this article, the Director of Planning & Development may require the filing of reports by any person or class of persons having in such person's or persons' possession or custody information relating to sales of rooms which are subject to the tax. The reports shall be filed with the Director of Planning & Development when required by the director and shall set forth the price charged for each sale, the date or dates of sale and such other information as the Director of Planning & Development may require. (f) Disclosure of business of operators, etc.; limitations on rule. The Director of Planning & Development or any person having an administrative duty under this article shall not make known in any manner the business affairs, operations or information obtained by an audit of books, papers, records, financial reports, equipment and other facilities of any licensee or any other person visited or examined in the discharge of official duty, or the amount of source of income, profits, losses, expenditures or any particular thereof, set forth or disclosed in any return, Attachment number 1 \nPage 9 of 16 Item # 12 10 or to permit any return or copy thereof or any book containing any abstract or particulars thereof to be seen or examined by any person not having such administrative duty under this Ordinance, except in the case of judicial proceedings or other proceedings necessary to collect the tax hereby levied and assessed. Successors, receivers, trustees, executors, administrators, and assignees, if directly interested, may be given information as to the items included in the measure and amount of unpaid tax or amounts of tax required to be collected, interest and penalties. Sec. 2-2-39. Revocation of license. The continuous failure to pay the above prescribed tax shall render the dealer or person liable therefor subject to revocation of their Business Occupation Tax Certificate in accordance with the procedures set out in the Code of Augusta-Richmond County. Sec. 2-2-40. Severability. If any section, provision, or clause of any part of this Ordinance shall be declared invalid or unconstitutional, or if the provisions of any part of this Ordinance as applied to any particular situation or set of circumstances shall be declared invalid or unconstitutional, such individuality shall not be construed to affect the portions of this Ordinance not so held to be invalid, or the application of this Ordinance to other circumstances not so held to be invalid. It is hereby declared as the intent that this Ordinance would have been adopted had such invalid portion not been included herein. Secs. 2-2-41—2-2-45. Reserved. ARTICLE 5 LOCAL BUSIESS LICESE TAX O DEPOSITORY FIACIAL ISTITUTIOS Sec. 2-2-36 2-2-46. Tax imposed. In accordance with O.C.G.A. § 48-6-93 et seq., there is hereby imposed on each depository financial institution having an office located within Augusta-Richmond County an annual business license tax at a rate of twenty-five one hundredth (0.25) percent of said financial institution's "Georgia gross receipts," as defined in O.C.G.A. § 48-6- 95. The minimum annual amount of business license tax due from any depository financial institution pursuant to this section shall be one thousand dollars ($1,000.00). Sec. 2-2-37 2-2-47. Return. Pursuant to O.C.G.A. § 48-6-93(c), every depository financial institution subject to the tax levied in section 2-2-36(a), above, shall file a return of its gross receipts with theAugusta-Richmond County Commission by March 1 of each year following the year in which such gross receipts are measured. Said return shall be in the manner and in the form prescribed by the Commissioner of the Department of Revenue based on the allocation method set forth in O.C.G.A. § 48-6-93(d). The Augusta-Richmond County license and inspection department shall assess and collect the tax levied pursuant to this Article based upon the information provided in said return. Sec. 2-2-38 2-2-48. Due date. Taxes levied pursuant to this Article shall be due no later than thirty (30) days after filing of the return prescribed by section 2-2-34, above, unless extended by theAugusta-Richmond County Commission. Attachment number 1 \nPage 10 of 16 Item # 12 11 Secs. 2-2-49 — 2-2-59. Reserved. ARTICLE 6 TAX IMPOSED Sec. 2-2-50 2-2-60. Tax imposed. In accordance with O.C.G.A. § 48-13-90 et seq., there is hereby levied and imposed an excise tax at the rate of three (3) percent upon the rental charge collected by a rental motor vehicle concern when such charge constitutes a taxable event for purpose of sales and use tax under Georgia law. Sec. 2-2-51 2-2-61. Rental charges, rental motor vehicle and rental motor vehicle concern defined. (a) Rental charge. The total value received by a rental motor vehicle concern for the rental or lease for thirty-one (31) or fewer consecutive days of a rental motor vehicle, including the total cash and nonmonetary consideration for the rental or lease including, but not limited to, charges based on time or mileage and charges for insurance coverage or collision damage waiver but excluding all charges for motor fuel taxes or sales taxes. (b) Rental motor vehicle. A motor vehicle designed to carry ten (10) or fewer passengers and used primarily for the transportation of persons that is rented or leased without a driver regardless of whether such vehicle is licensed in this state. (c) Rental motor vehicle concern. A person or legal entity which owns or leases five (5) or more rental motor vehicles and which regularly rents or leases such vehicles to the public for value. Sec. 2-2-52 2-2-62 . Collection fee discount; penal ties for nonpayment. Rental motor vehicle concerns collecting the rental car excise tax shall be allowed a percentage of the tax due and accounted for in the amount of three (3) percent in the form of a deduction in submitting, reporting, and paying the amount due, provided the amount due is not delinquent at the time of payment. Upon the failure to make a timely report and remittance by the 20th day of the month next succeeding the month in which such sales were made, such collection fee shall be forfeited. Rental motor vehicle concerns shall pay such tax with such remittance form as prescribed by the Augusta-Richmond County Commission. Failure to make a timely report and remittance within thirty (30) days after the due date shall render a rental motor vehicle concern liable for a penalty equal to ten (10) percent of the total amount due during the first thirty-day period following the date such report and remittance were due; and a further penalty of five (5) percent of the amount of such remittance for each successive thirty-day period, or any portion thereof, during which such report and remittance are not filed. Sec. 2-2-53 2-2-63. Verification of books and records. All books and records of each rental motor vehicle concern shall be subject to inspection and audit by Augusta-Richmond County to verify compliance with this article. Sec. 2-2-54 2-2-64. Excise tax in addition to other taxes. Attachment number 1 \nPage 11 of 16 Item # 12 12 The excise tax provided for herein above shall be in addition to any license fee or occupational tax or charge which may now or in the future be imposed upon rental motor vehicle concerns within Augusta-Richmond County. Sec. 2-2-55 2-2-65. Proceeds to fund downtown parking facilities. The rental car excise tax provided for herein shall be used for retirement of debt in connection with the construction of the Riverfront Center Parking Deck, the Fort Discovery Parking Garage and the Greene Street Parking Garage and for the maintenance and operation expenses of said parking facilities, as provided in O.C.G.A. § 48-13-93. Sec. 2-2-56 2-2-66. Termination. The tax imposed pursuant to this article shall terminate not later than December 31, 2038, unless earlier terminated by the Augusta-Richmond County Commission. Sec. 2-2-67. Determinations, returns and payments. (a) Due date of taxes. All taxes collected by any licensee or agent hereunder shall be due and payable to the Director of Planning & Development of Augusta-Richmond County monthly on or before the twentieth day of every month next succeeding each respective monthly period, as set forth in section 2-2-52 herein. (b) Return; time of filing; persons required to file; execution. On or before the twentieth day of the month following each monthly period, a return for the preceding monthly period shall be filed with the Director of Planning & Development of Augusta-Richmond County in such form as the director may prescribe by every licensee or agent liable for the payment of tax hereunder. (c) Contents of return. All returns shall show the gross receipts from the rental of motor vehicles, as defined in section 2-2-51, amount of tax collected or authorized due for the related period, and such other information as may be required by the Director of Planning & Development. (d) Delivery of return and remittance. The person required to file the return shall deliver the return, together with the remittance of the net amount of tax due to Planning & Development Department, 1815 Marvin Griffin Road, Augusta, Ga. 30906, for Augusta-Richmond County. (e) Collection fee allowed operators. Operators collecting the tax shall be allowed to receive a percentage of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting and paying the amount due, if said amount is not delinquent at the time of payment. The rate of the deduction shall be the same rate authorized for deductions from state tax under the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. Laws, P. 360) as now or hereafter amended. Sec. 2-2-68. Deficiency determinations. (a) Recomputation of tax; authority to make; basis of recomputation. If the Director of Planning & Development is not satisfied with the return or returns of the tax, or the amount of the tax to be paid to the Augusta-Richmond County Commission by any person, he may compute and determine the amount required to be paid upon the basis of any information within his possession or that may come into his possession. One or more than one deficiency determination may be made of the amount due for one or more than one monthly period. (b) Interest on deficiency. The amount of the deficiency determination, exclusive of penalties, shall bear interest at the rate of one (1) percent per month or fraction thereof from the twentieth day after the close of the monthly period in which the amount or any portion thereof should have been returned until the date of payment. Attachment number 1 \nPage 12 of 16 Item # 12 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 # 12 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 # 12 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 # 12 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 # 12 Commission Meeting Agenda 10/7/2014 2:00 PM Update Clerk's Office Office Space Department: Caption:Update from the Interim Administrator regarding the timeline for the relocation of the Clerk of Commission Office. (Requested by Commissioner Marion Williams) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 13 Commission Meeting Agenda 10/7/2014 2:00 PM Disparity Study Department:Administrator's Office Caption:Discuss the update on the Disparity Study. (No recommendation from Administrative Services Committee September 29, 2014) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 14 Commission Meeting Agenda 10/7/2014 2:00 PM Revision PPPM Department: Caption:Motion to approve an Ordinance to Amend the Augusta, GA Code Title One Article Four Section 1-7-51 Relating to the Adoption of Personnel Policies and Procedures of Augusta, Georgia; To approve edits to the FOLLOWING SECTIONS OF Chapter IV of THE Personnel Policies and Procedures Manual: 900.001, 900.006, 900.009, 900.011, 900.012 and 900.202; To Repeal All MANUAL PROVISIONS, Code Sections and Ordinances and Parts of Code Sections and Ordinances in Conflict Herewith; To Provide an Effective Date and For Other Purposes. (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 # 15 Attachment number 1 \nPage 1 of 14 Item # 15 Attachment number 1 \nPage 2 of 14 Item # 15 Attachment number 1 \nPage 3 of 14 Item # 15 Attachment number 1 \nPage 4 of 14 Item # 15 Attachment number 1 \nPage 5 of 14 Item # 15 Attachment number 1 \nPage 6 of 14 Item # 15 Attachment number 1 \nPage 7 of 14 Item # 15 Attachment number 1 \nPage 8 of 14 Item # 15 Attachment number 1 \nPage 9 of 14 Item # 15 Attachment number 1 \nPage 10 of 14 Item # 15 Attachment number 1 \nPage 11 of 14 Item # 15 Attachment number 1 \nPage 12 of 14 Item # 15 Attachment number 1 \nPage 13 of 14 Item # 15 Attachment number 1 \nPage 14 of 14 Item # 15 Attachment number 2 \nPage 1 of 6 Item # 15 Attachment number 2 \nPage 2 of 6 Item # 15 Attachment number 2 \nPage 3 of 6 Item # 15 Attachment number 2 \nPage 4 of 6 Item # 15 Attachment number 2 \nPage 5 of 6 Item # 15 Attachment number 2 \nPage 6 of 6 Item # 15 Commission Meeting Agenda 10/7/2014 2:00 PM Judicial Center Court Room Audio Visual Upgrades Department:Information Technology Caption:Motion to approve Technical Services Audio Visual to perform system upgrades and necessary cabling to improve functionality and reliability of the Audio Visual systems at the Judicial Center Court Rooms. (Approved by Public Safety Committee September 29, 2014) Background:The Audio Visual systems currently in use in the Judicial Center Court Rooms 2A–2H and 3A-3H are four (4) years old. System enhancements are necessary to: · Improve clarity of recorded events · Improve audio quality in the Court Room · Improve reliability of end user peripherals and systems · Provide a system that is easier to use and modify · Minimize and consolidate necessary cabling where cable paths are constricted · Provide a cabling solution that will be resilient and future reoccurrence of moisture in conduits · Meet new industry standards · Provide additional storage for retention of audio files Information Technology set forth these requirements in RFP #14-161. Technical Services Audio Visual was the lowest bidder which was qualified to perform the requested system enhancements, cable path assessment and necessary remediation. Analysis:Technical Services Audio Visual has met Augusta’s expectation in the past regarding large system installations and on-going maintenance. Technical Services Audio Visual met all of the requirements identified in RFP 14-161 and has met all Procurement requirements. As selection Committee comprised of representatives of the Judicial Center, Procurement and Information Technology evaluated the provided proposal and collectively request the Technical Services Audio Visual be awarded this bid. Financial Impact:The total cost for upgrades and remediation is $374,025.60. Funds in the amount of $397,430 are available in 272-021110-5413120. Alternatives:Continue using Audio Visual system that is currently in place.Cover Memo Item # 16 Recommendation:Approve Technical Services Audio Visual to perform system upgrades and necessary cabling to improve functionality and reliability of the Audio Visual systems at the Judicial Center Court Rooms. Funds are Available in the Following Accounts: Funds in the amount of $ 397,430 are available in 272-021110- 5413120. REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 16 1 775 Barber Street 2147 Ingleside Avenue Athens, Georgia 30601 USA Macon, Georgia 31204 USA Phone 1.706.613.8759 Phone 1.478.254.4111 Fax 1.706.243.4940 Fax 1.866.422.1191 www.tsav.com August 25, 2014 Mr. Gary Hewett Deputy Director Augusta Information Technology 530 Greene St. Annex 101 Augusta, Georgia 30911 Peter Dugas CTS, CTS-D Principal RE: AV Cabling Solution for Augusta Judicial Complex- Negotiated Reduction Mr. Hewett, This document is a result of your request to revise pricing for the project in order to realize some cost savings and in order to price equipment related to the upgrade to appropriately reflect equipment costs. After an exhaustive analysis of options related to addressing the opportunity to improve performance of the systems, we’ve developed an approach that addresses the current problems while concurrently upgrading the systems to comply with new standards and reducing costs significantly. The upgrade provides greater stability to the overall system and allow for use of Aquaseal audio cable for greater protection against audio issues. In short, we believe that this solution is the best long term investment that the facility can make in addressing the systems performance. The following scope related points apply:  Existing Cabling inside the conduit will be disconnected and removed.  Existing floorbox plates will then be reconditioned by other trades.  Existing cabling in the AV closets will be disconnected from racks and removed.  In the large courtrooms new DigitalMedia 8G input cards, output cards, and digital signal transmitter/receiver pairs will be installed.  Cable will be re-pulled using the reconditioned conduit to the existing wall box and floor box locations, and Aquaseal cable will be used where conduit fill ratios allow.  Equipment racks will be rewired with connections to new cabling  Each system will be reprogrammed to account for the upgrade to 8G.  Each system will be re-commissioned and fully tested.  New cabling system will be under warranty for one year.  The newly functional AV systems will be under warranty via a 5 year service and support agreement according to the terms provided in previous documents Attachment number 1 \nPage 1 of 6 Item # 16 2 Work that is to be provided by Augusta outside of this scope includes the following:  Existing floorbox plates will reconditioned by other trades  Power circuits and connections in new floorboxes.  Removal of existing power outlets in existing floorboxes.  Data connections (if required) in new floorboxes and wall boxes  Coordination for access in areas where staff will be affected by this work. We do anticipate that there will be some down time for each courtroom as it is not possible to install the new systems over a weekend or overnight. We also anticipate that some of the office spaces will be affected by this work and this may result in some of the spaces being unusable by staff for periods of a few days. Coordination problems resulting in lost time or increased costs may result in additional charges to cover these costs. We realize that the systems are in use most of every day and realize that extensive coordination will be required in order to perform this work. We’ll need full access to spaces for some short periods of days and will coordinate this operable down time with the facility staff very closely. We also realize that since the systems in the facility have been under stress due to site conditions, we will need to clean and recondition as we go. Within reason we’ve accounted for these requirements but it is possible that unforeseeable circumstances may arise and will need to discuss obstacles and related remedies if a given situation is cause for concern. Breakdown of project costs follows. Note labor rates are set according to cost structure of original install. Resultant labor rates are set at 66% of standards. Function Resource Man-Day Requirement Unit Price ( labor @ 66% of standard rates) QTY Extended Cost Demolition per Courtroom 2 man team per 3 per cr 528.00 48 25344.00 Demolition Materials Job Materials na 1640.00 1 1640.00 Digital Media 8g+ Systems Components DigitalMedia 8G+™ Input Cards na 1215.00 36 43740.00 Digital Media 8g+ Systems Components 4DM 8G+ Outputs, 2 HDMI Outputs na 1990.00 5 9950.00 Digital Media 8g+ Systems Components 2DM 8G+ Outputs, 6 HDMI Outputs na 3122.00 5 15610.00 Digital Media 8g+ Systems Components DigitalMedia 8G+™ Transmitter na 1020.00 9 9180.00 Digital Media 8g+ Systems Components DigitalMedia 8G+™ Receiver & Rm Controller na 821.00 13 10673.00 Digital Media 8g+ Systems Components DigitalMedia 8G+™ Receiver w/Scaler na 143.00 5 715.00 Courtroom Wiring 4 man team per 3 per 528.00 76 40128.00 Courtroom Terminations 4man team per 3 per 528.00 72 38016.00 rack demo & rewiring 2 man team per 3 per 528.00 48 25344.00 Attachment number 1 \nPage 2 of 6 Item # 16 3 DM System Programming 2 man team per 3 per 792.00 48 38016.00 System testing per cr 2 man team per 2 per 792.00 48 38016.00 System Documentation 1 Engineering 5 total 792.00 10 7920.00 Plenum Wiring Materials West Penn Wire, AMX, et al na 22310.00 1 22310.00 Connectors & rack integration materials TSAV na 2120.00 1 2120.00 Overtime (after hours) wage factor TSAV na 0.15 214424 32163.60 Per Diems TSAV NA 45.00 292 13140.00 0.00 0.00 Lot All Job Mats 374025.60 Bonding 0.00 Grand Total 374025.60 General AV-Related Considerations__________________ Work by Others As indicated above, this proposal does not address any line voltage power requirements, conduit, pullstrings, cable raceways, data systems, blocking, and other Division 16 provided infrastructure related to the installation of audio visual systems. Additional costs will be incurred in the case these items are to be provided by TSAV. Warranty: TSAV's systems are provided with a one-year warranty against defects in workmanship or the products provided. Systems neglect, abuse, or avoidable user error are not covered under this warranty. Integration Schedule: Integration of the systems will require approximately 30 days for mobilization. Duration of installation is dependent on accessibility. We assume that we will be able to work in continuous blocks of time in each courtroom/av rack room combination. Training: It is our policy that every TSAV system includes the training necessary to ensure that our customers get the most out of their new equipment. Included with this TSAV system is 4 hours of on-site training/orientation with regard to this new infrastructure. No operational training is provided for herein. Auxiliary Services: Reasonable overages will not be billed. However, should additional time be required to complete the job due to unforeseen circumstances, change orders, or modifications to the proposed bid, the following rates may apply. Engineering: $120/hr Technicians: $100/hr Attachment number 1 \nPage 3 of 6 Item # 16 4 Project Manager: $120/hr Programming: $150/hr Runners: $45/hr Secretarial: $60/hr Accounting: $90/hr Collection fees are billed at “Engineering” and “Accounting” rates. Holiday time and overtime billed as a result of change orders, modifications, or altered deadlines are billed at 150% of normal fees. Job Quality: TSAV only involves itself in the sale, installation, and servicing of the finest quality components available. All equipment is installed in a neat and orderly fashion by competent workmen according to the manufacturer’s instructions and at the locations specified within the bid. All supports and fastenings exceed adequate safety factors, and are made of galvanized, painted steel channel and threaded rod. Component steel cable is used for hanging of components. Precautions are taken for unexpected strain and weathering of all electrical and mechanical connections. Wiring and Connections: All wiring connections are made with mechanical connectors or rosin core solder. All Mic, line, video, rgbs, coaxial, and speaker level lines are free of splices and meet all area code requirements. All terminal block connections are made with quality crimp connectors. Grounding, Shields, Etc. Proper grounding techniques are always employed. Shields are always grounded through chassis ground connections at the input of the equipment to which it is connected. Cables are grounded at both ends and are insulated at their connection points. Shields are isolated with shrink tubing, and continuity of shields is always preserved. Equipment chassis are grounded throughout the electrical power safety ground. Professional Services: TSAV employs a variety of professional craftsmen including carpenters, painters, cabinet-makers, electricians, sound technicians, video technicians, acoustical engineers, and other consultants. Costs involved in professional consulting and subcontracting are included in each bid. Cost Increases: TSAV makes every effort to provide our customers with the best service at competitive prices. From time to time, due to the increased cost of steel, copper, gasoline, and other commodities necessary to perform our services, TSAV will have to pass these increased costs onto our customers. TSAV reserves the right to invoice our customers for these increases in cost when necessary. Conditions: Contractor will require full functionality of affected areas during installation. It is expected that reasonable work environment standards will be maintained including the use of the facility’s restrooms, heating and air-conditioning wherever possible, etc. Availability of Information: It is expected that site technical information be made readily available to the contractor including but not limited to project scheduling, mechanical clearances, carpet and paint colors, union contacts, etc. Site Access: Contractor will require access to the site during working hours. Access through all doors to the facility and any affected rooms or hallways is required. We will also require one reserved parking place as close Attachment number 1 \nPage 4 of 6 Item # 16 5 as possible to the main entrance to the facility. Where access is limited, arrangements must be made for alternate scheduling. Coordination with other trades: Client assumes responsibility for some logistics involved in contractor scheduling. Delays due to problems involving other trades may result in billing of additional labor hours. Unforeseen Hazards: Hazards involving faulty wiring, dangerous structures, or hazardous materials will affect contractor scheduling. Client assumes responsibility for notifying the contractor in cases where potential hazards may exist. Client also understands delays involved in the discovery of potentially hazardous situations. Non Solicitation: During the period of performance of this Agreement, and for one (1) year after completion of this agreement, neither Contractor nor customer shall, without the prior written consent of the other party, solicit for hire, or knowingly allow its employees to solicit for hire any of those employees of the other party or its affiliates who are associated with the performance of this Agreement. Payment Schedule: 1/3 due upon mobilization, progress billings as required, final payment due within 30 days of completion. Use of this document: This document and the recommendations herein constitute a professional design document. TSAV engineers spend a considerable amount of time compiling recommendations and creating a customized set of recommendations for you, our client. This document is available for use in soliciting competitive bids, in which case the value of this document shall be 10% of the proposed bid or $1000, whichever amount is greater. Resolution of dispute: If a dispute arises relating to this agreement, or breach thereof, and if said dispute cannot be settled by negotiation, the parties agree first to try in good faith to settle the dispute by mediation under the Commercial Mediation Rules of the American Arbitration Association before resorting to arbitration, litigation or some other dispute resolution procedure. (A Guide To Arbitration, American Arbitration Association, New York 212.484.4000) Again, I greatly appreciate the opportunity to provide you with this report. If you should have any questions, please do not hesitate to contact me at any time. Sincerely, Peter Dugas CTS, CTS-D, AIA Affil. Attachment number 1 \nPage 5 of 6 Item # 16 6 775 Barber St. Athens, GA 30601 office.706|613|8759 x8222 direct.706|534|7322 cell.706|714|6956 By signing this proposal you agree to the terms stated above. This serves as a notice to proceed for this project. X Signed by Gary Hewett on behalf of the City of Augusta Date Attachment number 1 \nPage 6 of 6 Item # 16 Attachment number 2 \nPage 1 of 1 Item # 16 Request for Proposal Request for Proposals will be received at this office until Tuesday, May 27, 2014 @ 11:00 a.m. for furnishing: RFP Item #14-161 Courtrooms Systems Rewiring & Upgrades for Information Technology 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, May 16, 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 120 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 3 \nPage 1 of 1 Item # 16 VENDORS Attachment B E-Verify # SAVE Form Original 7 Copies Fee Proposal TSAV 775 Barber Street Athens, GA 30601 YES 223214 YES YES YES YES RFP Opening RFP Item #14-161 Courtrooms Systems Rewiring & Upgrades for Augusta, Georgia - Information Technology Department RFP Due: Tuesday, May 27, 2014 @ 11:00 a.m. Page 1 of 1 Attachment number 4 \nPage 1 of 1 Item # 16 Evaluation Criteria PTS TSAV 775 Barber Street Athens, GA 30601 1. Vendor’s experience installing systems similar to the size and complexity identified in this RFP 20 15 2, Overall quality of the proposal including responsiveness and conformance to RFP requirements for content and format 20 16 3. Vendor’s ability to troubleshoot and repair systems similar to the size and complexity identified in this RFP.15 12 4. References (include specific individuals with addresses and telephone numbers 5 4 5. Completeness of proposal 10 9 6. Quality of materials used in the installation 10 8 7. Vendor’s special qualifications and certifications 10 8 8. Proposed Fee (must provide and enclose in a separate sealed envelope) • Lowest 10 points • Second 8 points • Third 6 points • Fourth 4 points • Highest 2 points 10 10 TOTAL 100 84 Cumulative Evaluation Sheet RFP 14-161 Courtrooms Systems Rewiring & Upgrades for Augusta, Georgia – Information Technology Department Attachment number 5 \nPage 1 of 1 Item # 16 Attachment number 6 \nPage 1 of 3 Item # 16 Attachment number 6 \nPage 2 of 3 Item # 16 Attachment number 6 \nPage 3 of 3 Item # 16 Attachment number 7 \nPage 1 of 3 Item # 16 Attachment number 7 \nPage 2 of 3 Item # 16 Attachment number 7 \nPage 3 of 3 Item # 16 Attachment number 8 \nPage 1 of 1 Item # 16 Commission Meeting Agenda 10/7/2014 2:00 PM Motion to Approve Acceptance of GEMA Grant & Authorize Execution Department:Fire Caption:Motion to approve acceptance of Annual GEMA Grant and authorize Mayor to execute documentation. (Approved by Public Safety Committee September 29, 2014) Background:This is a grant received from GEMA on an annual basis and simply needs renewal approval. Analysis: Financial Impact: Alternatives: Recommendation:Approve Funds are Available in the Following Accounts: matching Funds are in Kind Contributions REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 17 Attachment number 1 \nPage 1 of 9 Item # 17 Attachment number 1 \nPage 2 of 9 Item # 17 Attachment number 1 \nPage 3 of 9 Item # 17 Attachment number 1 \nPage 4 of 9 Item # 17 Attachment number 1 \nPage 5 of 9 Item # 17 Attachment number 1 \nPage 6 of 9 Item # 17 Attachment number 1 \nPage 7 of 9 Item # 17 Attachment number 1 \nPage 8 of 9 Item # 17 Attachment number 1 \nPage 9 of 9 Item # 17 Commission Meeting Agenda 10/7/2014 2:00 PM Salary Structure for RCCI Department:RCCI Caption:Motion to approve the proposed the salary structure for the staff at the Richmond County Correctional Institution to include the Warden and Deputy Warden as presented by Warden Evan Joseph subject to staff bringing back the financial numbers' impact to the full Commission for final approval. (Approved by Public Safety Committee September 29, 2014) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 18 Commission Meeting Agenda 10/7/2014 2:00 PM Adoption Coordinator Position Department: Caption:Motion to approve the creation of a new Adoption Coordinator position for Animal Services Department. Background:See atttached Analysis:Changes are necessary to improve overall operations of Animal Services. Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 19 Attachment number 1 \nPage 1 of 3 Item # 19 Attachment number 1 \nPage 2 of 3 Item # 19 Attachment number 1 \nPage 3 of 3 Item # 19 Commission Meeting Agenda 10/7/2014 2:00 PM Animal Services hours of operations Department: Caption:Motion to approve extending Animal Services hours of operations. Background:See attached. Analysis:Changes are necessary to improve overall operations of Animal Services. Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 20 Attachment number 1 \nPage 1 of 3 Item # 20 Attachment number 1 \nPage 2 of 3 Item # 20 Attachment number 1 \nPage 3 of 3 Item # 20 Commission Meeting Agenda 10/7/2014 2:00 PM Update Fee schedule Department: Caption:Motion to approve the attached updated fee collection schedule. Background:See attached. Analysis:Changes are necessary to improve overall operations of Animal Services. Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 21 Attachment number 1 \nPage 1 of 2 Item # 21 Attachment number 1 \nPage 2 of 2 Item # 21 Commission Meeting Agenda 10/7/2014 2:00 PM 2014 - Fleet Management Service Truck Department:Finance Department - Fleet Management Division Caption:Motion to approve the purchase of 1 utility body maintenance trucks for Fleet Management - Broad Street shop to be used on Road Calls for all departments. (Approved by Finance Committee September 29, 2014) Background:Fleet Management would like to request the purchase of 1 utility body F-250 maintenance truck to be used as a shop emergency road service truck with the primary emphasis toward Fire Department calls. Vehicle bid tabsheet results are attached for your review. Analysis:The Procurement Department published a competitive bid using the Demand Star application for the 8,500 GVW pickup trucks: Bid 14-116 results were as follows for this model truck: Allan Vigil-Fayetteville = $34,343.00 each; Allan Vigil-Morrow = $32,088.00 each; Bobby Jones Ford = $32,534.00 each; and Thomson Motor Centre = This Model Not Available. NOTE: Bobby Jones Ford will meet the non-local vendor's price, $32,088, through the local vendor's preference program. Financial Impact:One (1) Ford F250 utility body maintenance truck @ $32,088.00 to be purchased utilizing 2014 Capital Outlay funds. Alternatives:(1) Approve the request; (2) Do not approve the request. Recommendation:Approve the purchase of 1 F250 utility body maintenance truck Funds are Available in the Following Accounts: 2014 Capital Outlay REVIEWED AND APPROVED BY:Cover Memo Item # 22 Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 22 Attachment number 1 \nPage 1 of 1 Item # 22 Attachment number 2 \nPage 1 of 2 Item # 22 Attachment number 2 \nPage 2 of 2 Item # 22 Invitation to Bid Sealed bids will be received at this office on Wednesday, January 15, 2014 @ 11:00 a.m. for furnishing: Bid Item 14-115 6,000 GVW Series Pickup Truck for Fleet Management Bid Item 14-116 8,500 GVW Series Pickup Truck for Fleet Management Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 706-821-2422 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 530 Greene Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, January 3, 2014 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. No Bid may be withdrawn for a period of 90 days after time has been called on the date of opening. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. GERI A. SAMS, Procurement Director Augusta Chronicle December 12, 19, 26, 2013 January 2, 2014 Metro Courier December 18, 2013 Revised: 3/7/2013 Attachment number 3 \nPage 1 of 1 Item # 22 Attachment number 4 \nPage 1 of 1 Item # 22 Attachment number 5 \nPage 1 of 2 Item # 22 Attachment number 5 \nPage 2 of 2 Item # 22 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 5.00 Vehicle/Options Required 6.00 Outfitter's Specialty Items Attachment B E-Verify Number SAVE Form 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 Page 1 of 2 Attachment number 6 \nPage 1 of 2 Item # 22 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 WEEKS 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 App Delivery Time Page 2 of 2 Attachment number 6 \nPage 2 of 2 Item # 22 Commission Meeting Agenda 10/7/2014 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 Caption: Second Reading - 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. (Approved by Commission September 16, 2014) 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). This first reading of this ordinace was approved on September 16, 2014. 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 Not implementing the excise tax on energy will result in a decrease in funding that Augusta is currently receiving as sales tax.Cover Memo Item # 23 Alternatives:Do not implement excise tax. Recommendation:Approve ordinance Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 23 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 # 23 ______________________________ Lena J. Bonner, Clerk of Commission Seal: Attachment number 1 \nPage 2 of 8 Item # 23 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 # 23 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 Item # 23 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 # 23 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 # 23 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 # 23 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 # 23 Commission Meeting Agenda 10/7/2014 2:00 PM Southern Milling Company Department:Clerk of Commission Caption:Motion to approve consideration of a waiver of penalities and interest when the demolition of the structure has been completed relative to a request from Mr. Jim Wall, Attorney for Mr. Edgar Matthews, on the ad valorem taxes owed by Southern Milling Company, 1015 Twiggs Street. (Approved by Finance Committee September 29, 2014) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 24 Attachment number 1 \nPage 1 of 1 Item # 24 Commission Meeting Agenda 10/7/2014 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 Annie Lou Rhyans, deceased- 4780 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 227-1-096-00-0) 4780 Windsor Spring Road. (Approved by Engineering Services Committee September 29, 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 8,665.01 square feet of right of way, 1,357.45 square feet of permanent construction and maintenance easement, and one temporary driveway easement. The appraised value is $17,200.00. 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 # 25 Law. Administrator. Clerk of Commission Cover Memo Item # 25 Attachment number 1 \nPage 1 of 1 Item # 25 Commission Meeting Agenda 10/7/2014 2:00 PM Acquisition of a portion of the property for permanent construction easement and maintenance easement to Richmond County, Georgia from Jason B. Coggins-85 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 (Parcel 193-0-036-00-0) 4636 Windsor Spring Road. (Approved by Engineering Services Committee September 29, 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 790.34 square feet of right of way and 762.95 square feet of permanent construction and maintenance easement. The appraised value is $500.00. Analysis:Condemnation is necessary in order to acquire the required property. Financial Impact:The necessary costs will be covered under the project budget. Alternatives:Deny condemnation. Recommendation:Approve condemnation. Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: G/L 323041110-52.12122 J/L 299823786-52.12122 REVIEWED AND APPROVED BY: Finance. Law. Cover Memo Item # 26 Administrator. Clerk of Commission Cover Memo Item # 26 Attachment number 1 \nPage 1 of 1 Item # 26 Commission Meeting Agenda 10/7/2014 2:00 PM Acquisition of a portion of the property for permanent easement and one driveway easement to Richmond County, Georgia from 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 209-0-015-01-0) 4752 Windsor Spring Road. (Approved by Engineering Services Committee September 29, 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 1,183.89 square feet of right of way, 3,465.09 square feet of permanent easement, and one driveway easement. The appraised value is $2,150.00. 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 # 27 Administrator. Clerk of Commission Cover Memo Item # 27 Attachment number 1 \nPage 1 of 1 Item # 27 Commission Meeting Agenda 10/7/2014 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 Ronald W. Drayton -4731 Windsor Spring Rd Department:Law Caption:Motion to authorize condemnation to acquire title of a portion of property for right of way, permanent easement, temporary encroachment easement, and one driveway easement (Parcel 209- 0-008-00-0) 4731 Windsor Spring Road. (Approved by Engineering Services Committee September 29, 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 6,525.87 square feet of right of way, 4,130.27 square feet of permanent easement, 2,531.66 square feet of temporary encroachment easement, and one driveway easement. The appraised value is $7,750.00. 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: Finance. Cover Memo Item # 28 Law. Administrator. Clerk of Commission Cover Memo Item # 28 Attachment number 1 \nPage 1 of 1 Item # 28 Commission Meeting Agenda 10/7/2014 2:00 PM Acquisition of Right-of-Way for Easement-Windsor Spring Road Project Parcel 100 Department:Law Caption:Motion to approve an Option for Right of Way between Dennis E. Morris and Dianna L. Albright n/k/a Dianna L. Morris and Augusta, Georgia for an easement consisting of 0.814 acre (35,476.13 sq. ft.) in fee, and 0.074 acre (3,231.40 sq. ft.) of permanent construction and maintenance easement located at 2514 Patterson Bridge Road for a total price of $63,800.00. (Approved by Engineering Services Committee September 29, 2014) Background:The property owner has agreed to convey a certain right-of-way and easement to Augusta, Georgia, for the Windsor Spring Road Project. Analysis:The purchase of the referenced property is necessary for the project. Financial Impact:The costs necessary for this purchase will be covered under the project budget. Alternatives:Deny the motion to approve the purchase of the referenced property. Recommendation:Approve the motion to purchase the referenced property. Funds are Available in the Following Accounts: FUNDS AVAILABLE IN THE FOLLOWING ACCOUNT(S): G/L 323041110-54.11120 J/L 299823786-54.11120 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Cover Memo Item # 29 Clerk of Commission Cover Memo Item # 29 Attachment number 1 \nPage 1 of 2 Item # 29 Attachment number 1 \nPage 2 of 2 Item # 29 Commission Meeting Agenda 10/7/2014 2:00 PM Approval of a Construction Change Order in the Amount of $43,866.50 for the Marion Homes Water Main Improvements project by Eagle Utility Contracting, Inc. Bid item #14-134. Department:Augusta Utilities Department Caption:Motion to approve a Construction Change Order in the amount of $43,866.50 for the Marion Homes Water Main Improvements project by Eagle Utility Contracting, Inc. Bid item #14-134. (Approved by Engineering Services Committee September 29, 2014) Background:Due to maintenance issues we will be replacing approximately 7,700 LF of water line as well as new fire hydrants within the Marion Homes subdivision. Additional funds are being requested in the sum of $43,866.50 for Eagle Utility Contracting, Inc. to remove a number of trees throughout the project and for the materials associated with the installation of an additional 840 LF of water main. Analysis:Augusta Utilities Department has found the proposal to be fair and reasonable and is requesting approval of the additional funds at a cost of $43,866.50 for Eagle Utility Contracting, Inc. Financial Impact:$43,866.50, under account number 512043410-5425110 / 80413011-5425110 Alternatives:No alternatives are recommended. Recommendation:It is recommended to award the additional funds for the construction of Bid 14-134, Marion Homes Water Main Installation Project to Eagle Contracting, Inc. in the amount of $43,866.50. Funds are Available in the Following Accounts: 512043410-5425110 / 80413011-5425110 Cover Memo Item # 30 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 30 EAGLE UTILITY CONTRACTING,INC 1350 Branch Road Bishop,Ga.30621 (706)769-6015 phone (706)769-1638 fax eagleutility@bellsouth.net Ms.Tevia Davis Augusta Utilities Department 360 Bay Street,Suite 180 Augusta,Ga.30901 ADDITIONAL PRICING/EXTRA ITEMS:Marion Homes Water Main Improvements August 8,2014----------------------,---------,-------1 Description $18.25 LF Unit Price Total $12,775.00 Quantity 700 LF Item W-IB 8"Standard Joint PVC 140 LF Item W-1K 8"Restrained Joint PVC $25.50 LF $3,570.00 658 LBS Item W-6 Misc.Fittings $3.25 LB $2,138.50 1 EA Item 10-B 8"Gate Valve $1,110.00 EA $1,110.00 1EA Item W-18 TIe to Existing $4,550.00 EA $4,550.00 lLS lLS Item LS-l Additional Trees to be Removed $10,925.00 LS $10,925.00 Item LS-l Addition to Lump Sum Construction for Grassing,Silt Fence,Testing &Chlorinization,and Remove and Reset Fences $8,798.00 LS $8,798.00 Total $43,866.50 Attachment number 1 \nPage 1 of 1 Item # 30 Attachment number 2 \nPage 1 of 1 Item # 30 Commission Meeting Agenda 10/7/2014 2:00 PM Haynes Station Ph 2B Department: Caption:Motion to approve the deeds of dedication, maintenance agreements, and road resolution submitted by the Engineering and Augusta Utilities Departments for Haynes Station, Phase 2B. (Approved by Engineering Services Committee September 29, 2014) Background:The final plat for Haynes Station, Phase 2B, was approved by the Commission on June 17, 2014. The subdivision design and plat for this section, including the storm drain system, have been reviewed and accepted by our engineering staff and the construction has been reviewed by our inspectors. The Utilities Department has inspected and reviewed the water and sanitary sewer installations, and hereby requests acceptance of the utility deed. Analysis:This section meets all codes, ordinances and standards. There are no wetlands or 100-year flood plain boundaries involved in this section. Acceptance of said utility deed shall dedicate, as required, the water and sanitary sewer mains along with the applicable easements to Augusta, Georgia for operation and maintenance. Financial Impact:By accepting this road and storm drainage installations into the County system and after the 18-month maintenance warranty by the developer/contractor for the road and storm drainage has expired, all future maintenance and associated costs will be borne by Augusta, Georgia. By acceptance of the utility deeds and maintenance agreements, all future maintenance and associated costs for water and sanitary sewer installations will be borne by Augusta, Georgia, and positive revenue will be generated from the sale of water and sanitary sewer taps and monthly billing of same. Alternatives:Approve Alternative Number One. Recommendation:Approve Alternative Number One.Cover Memo Item # 31 Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 31 Attachment number 1 \nPage 1 of 1 Item # 31 Attachment number 2 \nPage 1 of 1 Item # 31 Attachment number 3 \nPage 1 of 2 Item # 31 Attachment number 3 \nPage 2 of 2 Item # 31 Attachment number 4 \nPage 1 of 2 Item # 31 Attachment number 4 \nPage 2 of 2 Item # 31 Attachment number 5 \nPage 1 of 1 Item # 31 Attachment number 6 \nPage 1 of 3 Item # 31 Attachment number 6 \nPage 2 of 3 Item # 31 Attachment number 6 \nPage 3 of 3 Item # 31 Attachment number 7 \nPage 1 of 3 Item # 31 Attachment number 7 \nPage 2 of 3 Item # 31 Attachment number 7 \nPage 3 of 3 Item # 31 Commission Meeting Agenda 10/7/2014 2:00 PM Mark Church Road Improvements Project - Stream Mitigation Credits Department:Abie L. Ladson, Director Caption:Motion to approve and authorize the Engineering Department (AED) to purchase 439 stream mitigation credits at a total cost of $24,803.50 ($56.50 per mitigation credit) from the Bath Branch Augusta, LLC (Bath Branch Mitigation Bank) to mitigate stream impacts as determined necessary by the US Army Corps of Engineers in regards to the Mark Church Road Improvements Project. Funding is available through Project TIA funds. (Approved by Engineering Services Committee September 29, 2014) Background:This is a Augusta Engineering Department (AED) managed TIA Band 1 project that will widen & reconstruct Mark Church Road. These improvements include an upgrade to the existing roadway by constructing three lanes, curb and gutter, an enclosed storm drainage system, and the Marks Church Road Bridge. A ED is responsible for engineering activities, road design, right-of-way plans, construction plans, environmental permitting, and the construction. The Project construction tentative let date is in October 2014. It has been determined by the US Corps of Engineers (USACE) that 439 stream mitigation credits will have to be purchased to mitigate the impacts to Rae’s Creek as result of roadway bridge widening. The stream mitigation credits will be purchased from Bath Branch Augusta LLC (a local credit bank) at a cost of $56.50 per stream credit. Analysis:The Purchase of Mitigation Credit is a pre-requisite of Environmental Permits and notice to commence construction activities at this project. A timely purchase of required credits is critical to maintain project letting schedules and project construction funds as allocated. Financial Impact:It is a TIA project and Funds are available in the project TIA budget. Alternatives:1.Approve and authorize the Engineering Department (AED) to purchase 439 stream mitigation credits at a total cost of Cover Memo Item # 32 $24,803.50 ($56.50 per mitigation credit) from the Bath Branch Augusta, LLC (Bath Branch Mitigation Bank) to mitigate stream impacts as determined necessary by the US Army Corps of Engineers in regards to the Mark Church Road Improvements Project. Funding is available through Project TIA funds. 2. Do not approve purchase of mitigation credit as requested and lose designated State & Federal funding, and identify alternate ways to complete the project Recommendation:Approve alterntive 1 Funds are Available in the Following Accounts: 371-041110-5212115/T13049126-5212115 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 32 Attachment number 1 \nPage 1 of 1 Item # 32 Augusta-Richmond County, Georgia BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the following Capital Project Budget is hereby adopted: Section 1: This project is authorized to CPB#325-041120-209825201 for the Engineering Department to purchase 439 stream credits at a total cost of $24,803.50 ($56.50 per mitigation credit) from the Bath Branch Augusta, LLC to mitigate stream impacts as determined by the US Army Corps of Engineers. Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. Special 1% Sales Tax, Phase V 2,500,000$ TIA Discretionary 195,975$ TIA Project Funds 24,850 2,720,825$ Section 3: Copies of this Capital Project Budget shall be made available to the Comptroller for direction in carrying out this project. Adopted this ____________________ day of ______________________. Approved _________________________________________________ Original-Commission Council Office Copy-Engineering Department Copy-Finance Department Copy-Procurement Department CPB#325-041120-209825201 Honorable Deke Copenhaver, Mayor CAPITAL PROJECT BUDGET MARKS CHURCH ROAD RECONSTRUCTION PROJECT CHANGE NUMBER FOUR Please do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission for execution. For information reference this request, contact Engineering at ext 5070. Thanks 1 of 2 9.18.2014 Attachment number 2 \nPage 1 of 2 Item # 32 Augusta-Richmond County, Georgia CPB#325-041120-209825201 CAPITAL PROJECT BUDGET MARKS CHURCH ROAD RECONSTRUCTION PROJECT CHANGE NUMBER FOUR CPB AMOUNT CPB NEW SOURCE OF FUNDS CPB CHANGE CPB SPLOST, PHASE V 325-04-1120-6011110 ($2,500,000)($2,500,000) TIA Discretionary ($195,975)($195,975) TIA Project Funds ($24,850) 371-041110-5212115/T13049126-5212115 TOTAL SOURCES: ($2,695,975) ($24,850) ($2,720,825) USE OF FUNDS ENGINEERING 325-04-1120-5212115-209825201 $660,278 $24,850 $685,128 CONSTRUCTION 325-04-1120-5414110-209825201 $396,010 $396,010 UTILITY 325-041120-5414510-209825201 $1,639,687 $1,639,687 TOTAL USES:$2,695,975 $24,850 $2,720,825 2 of 2 9.18.2014 Attachment number 2 \nPage 2 of 2 Item # 32 Commission Meeting Agenda 10/7/2014 2:00 PM North Leg Road Improvements Project – SA1 Department:Abie L. Ladson, Director Caption:Motion to approve the Design Consultant Services Supplemental Agreement Number One for the North Leg Road Improvements Project with Wolverton and Associates in amount of $288,000 for the completion of preliminary plans, right-of-way plan, and final plans as requested by AED. This Project is in Band 1 of the approved Richmond County Project List for the Transportation Investment Act of 2010 (aka, TIA, TSPLOST). (Approved by Engineering Services Committee September 29, 2014) Background:The purpose of the North Leg Road Improvements Project is to improve traffic operations and safety along North Leg Road between Sibley Road and Wrightsboro Road. This project, which is in Band 1 of the approved Richmond County TIA list, will realign the Sibley Road intersection to correct this skew as well as improve the skew of North Leg/Jackson Roads at its intersection with Wrightsboro Road and provide an improved lane drop that will be more in-line with driver’s expectations and improve the traffic flow and safety of the corridor. Moreover, this project will include improved pedestrian facilities along the corridor. Analysis:Augusta Commission on February 18, 2014 approved funding for the initial three phases of the project for concept development and database preparation. These tasks are complete and the project is ready for design, right-of-way and construction plans development. It is a requirement of the TIA program that Brand 1 projects shall be ready for bidding in 2015. Financial Impact:Funds are available in the TIA budget account numbers: North Leg Road Improvements Project 371-041110- 5212115/T13045129-5212115 ($288,000.00). Alternatives:1) Approve the Design Consultant Services Supplemental Agreement Number One for the North Leg Road Improvements Project with Wolverton and Associates in amount of $288,000 for the completion of preliminary plans, right-of-way plan, and final plans as requested by AED. This Project is in Band 1 of the Cover Memo Item # 33 approved Richmond County Project List for the Transportation Investment Act of 2010 (aka, TIA, TSPLOST). 2) Do not approve and identify alternative way to complete the project Recommendation:Approve alterntive #1 Funds are Available in the Following Accounts: TIA Project Funds 371-041110-5212115/T13045129-5212115 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 33 Augusta-Richmond County, Georgia BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the following Capital Project Budget is hereby adopted: Section 1: This project is set up and authorized to CPB# 371-041110-T13045129 Supplemental Agreement Number One. This addition consists of design, R/W and construction plans development in the amount of $288,000. Funding is available in the TIA project budget account for design. Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. 500,000$ 500,000$ Section 3: Copies of this Capital Project Budget shall be made available to the Comptroller for direction in carrying out this project. Adopted this ____________________ day of ______________________. Approved _________________________________________________ Original-Commission Council Office Copy-Engineering Department Copy-Finance Department Copy-Procurement Department Honorable Deke Copenhaver, Mayor CPB#371-041110-T13045129 CAPITAL PROJECT BUDGET North Leg Road Corridor Improvements TIA Project Budget (Wrightsboro Road to Sibley Road) Please do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission for execution. For information reference this request, contact Engineering at ext 5070. Thanks 1 of 2 9.18.2014 Attachment number 1 \nPage 1 of 2 Item # 33 Augusta-Richmond County, Georgia CPB#371-041110-T13045129 CAPITAL PROJECT BUDGET North Leg Road Corridor Improvements SOURCE OF FUNDS CPB CPB TIA Project Funds (500,000)$ (500,000)$ 371-04-1110-5212115/T13045129-5212115 - TOTAL SOURCES:(500,000)$ (500,000)$ USE OF FUNDS ENGINEERING 371-04-1110-5212115/T13045129-5212115 500,000$ 500,000$ TOTAL USES:500,000$ 500,000$ 2 of 2 9.18.2014 Attachment number 1 \nPage 2 of 2 Item # 33 (SA02 – For changes more than $20,000) AUGUSTA-RICHMOND COUNTY AUGUSTA, GA ENGINEERING DEPARTMENT SUPPLEMENTAL AGREEMENT WHEREAS, We, “Wolverton & Associates, Inc.” Consultant, entered into a contract with Augusta- Richmond County on “February 18, 2014”, for the “North Leg Road Improvements ”, Project No. 371-041110-T13045129, File Reference No. 14-014 (A), and WHEREAS, certain revisions to the design requested by Augusta-Richmond County are not covered by the scope of the original contract, we desire to submit the following Supplemental Agreement to-wit: Additional Engineering Services for Design, Right-of-Way And Construction Plans Development It is agreed that as a result of the above described modification the contract amount is increased by $288,000.00 from $193,000.00 to a new total of $481,000.00. Any modifications to submittal dates shall be as identified in the attached proposal. This agreement in no way modifies or changes the original contract of which it becomes a part, except as specifically stated herein. NOW, THEREFORE, We, “Wolverton & Associates, Inc.”, Consultant, hereby agree to said Supplemental Agreement consisting of the above mentioned items and prices, and agree that this Supplemental Agreement is hereby made a part of the original contract to be performed under the specifications thereof, and that the original contract is in full force and effect, except insofar as it might be modified by this Supplemental Agreement. This day of , 2014. RECOMMEND FOR APPROVAL: CITY OF AUGUSTA-RICHMOND COUNTY AUGUSTA, GEORGIA Honorable Mayor, Deke Copenhaver Approved: Date Approved: Date [ATTACHED CORPORATE SEAL] ATTEST: __________________________ Title: ___________________________ Augusta Richmond County Project Number(s): 371-041110-T13045129 Supplemental Agreement Number: 1 Purchase Order Number: P242183 Please do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission for execution. For information reference this request, contact Engineering at ext 5070. Thanks Attachment number 2 \nPage 1 of 1 Item # 33 Attachment number 3 \nPage 1 of 5 Item # 33 Attachment number 3 \nPage 2 of 5 Item # 33 Attachment number 3 \nPage 3 of 5 Item # 33 Attachment number 3 \nPage 4 of 5 Item # 33 Attachment number 3 \nPage 5 of 5 Item # 33 Commission Meeting Agenda 10/7/2014 2:00 PM Windsor Spring Rd Phase IV – Reimburse Agreement Jefferson Energy Corp Department:Abie L. Ladson, Director Caption:Motion to approve entering into an agreement with Jefferson Energy Cooperative stating that Augusta, Georgia will be responsible for the cost to relocate their facilities on the project to improve Windsor Spring Road Phase IV, Willis Foreman Road to Tobacco, Road, CPB# 323-04-299823766. Also, approve for the Augusta, Georgia Legal Counsel, Mayor and other designated representatives of Augusta, Georgia to execute three (3) Utility Relocation Agreements which state that, upon completion of the work, payment will be made as requested by the Augusta Engineering Department. (Approved by Engineering Services Committee September 29, 2014) Background:On August 5, 1997 the Augusta, Georgia Commission approved this project to be funded from the Sales Tax Program. On April 6, 1999 Augusta, Georgia and the Georgia Department of Transportation (GDOT) entered into an agreement for Augusta, Georgia to be responsible for the preliminary engineering activities and relocation of public owned utilities. The project will widen and reconstruct Windsor Spring Road to 4 lanes with a median and provide an urban drainage system, multi-use trails, street lighting, and replace the bridge over Spirit Creek. GDOT funded and acquired the right of way for this project at a cost of $9,970,630. The construction funds are provided by GDOT and the project was awarded to E R Snell Contractor, Inc. on July 16, 2014 at the low bid of $27,765,202.50 with a completion date of April 30, 2017. Analysis:The project will require relocation of facilities that belong to Jefferson Energy Cooperative and an estimate was received from them April 1, 2014 which stated that the cost is $1,040,061.38. The Engineering Department, the Augusta Metropolitan Planning Organization (MPO) and GDOT have agreed upon a plan that has appropriated $2,272,138 to fund the cost to relocate public owned utilities on this project. On July 29, 2014 GDOT submitted a Utility Agreement to Augusta, Georgia for execution specifying how the funds will be dispersed to Augusta.Cover Memo Item # 34 Financial Impact:Augusta will receive funding from GDOT up to $2,272,138 to pay for relocation of utilities on this project Alternatives:ALTERNATIVE 1: Approve entering into an agreement with Jefferson Energy Cooperative stating that Augusta, Georgia will be responsible for the cost to relocate their facilities on the project to improve Windsor Spring Road Phase IV, Willis Foreman Road to Tobacco, Road, CPB# 323-04-299823766. Also, approve for the Augusta, Georgia Legal Counsel, Mayor and other designated representatives of Augusta, Georgia to execute three (3) Utility Relocation Agreements which state that, upon completion of the work, payment will be made as requested by the Augusta Engineering Department.ALTERNATIVE 2: N/A Recommendation:Approve alternative one Funds are Available in the Following Accounts: 323-04-1110/299823766 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 34 Attachment number 1 \nPage 1 of 16 Item # 34 Attachment number 1 \nPage 2 of 16 Item # 34 Attachment number 1 \nPage 3 of 16 Item # 34 Attachment number 1 \nPage 4 of 16 Item # 34 Attachment number 1 \nPage 5 of 16 Item # 34 Attachment number 1 \nPage 6 of 16 Item # 34 Attachment number 1 \nPage 7 of 16 Item # 34 Attachment number 1 \nPage 8 of 16 Item # 34 Attachment number 1 \nPage 9 of 16 Item # 34 Attachment number 1 \nPage 10 of 16 Item # 34 Attachment number 1 \nPage 11 of 16 Item # 34 Attachment number 1 \nPage 12 of 16 Item # 34 Attachment number 1 \nPage 13 of 16 Item # 34 Attachment number 1 \nPage 14 of 16 Item # 34 Attachment number 1 \nPage 15 of 16 Item # 34 Attachment number 1 \nPage 16 of 16 Item # 34 Commission Meeting Agenda 10/7/2014 2:00 PM Windsor Spring Road Phase IV – Agreement Unite Private Networks LLC Department:Abie L. Ladson, Director Caption:Motion approve entering into an agreement with Unite Private Networks LLC stating that Augusta, Georgia will not be responsible for the cost to relocate their facilities on the project to improve Windsor Spring Road Phase IV, Willis Foreman Road to Tobacco Road, CPB# 323-04-299823766. Also, approve for the Augusta, Georgia Legal Counsel, Mayor and other designated representatives of Augusta, Georgia to execute three (3) Utility Relocation Agreements which state that, upon completion of the work, Augusta, Georgia will not be responsible for any of the cost for relocation of their facilities as requested by AED. (Approved by Engineering Services Committee September 29, 2014) Background:On August 5, 1997 the Augusta, Georgia Commission approved for this project to be funded from the Sales Tax Program. On April 6, 1999 Augusta, Georgia and the Georgia Department of Transportation (GDOT) entered into an agreement for Augusta, Georgia to be responsible for the preliminary engineering activities and relocation of public owned utilities. The project will widen and reconstruct Windsor Spring Road to 4 lanes with a median and provide an urban drainage system, multi-use trails, street lighting and replace the bridge over Spirit Creek. GDOT funded and acquired the right of way for this project at a cost of $9,970,630. The construction funds are provided by GDOT and the project was awarded to E R Snell Contractor, Inc. on July 16, 2014 at the low bid of $27,765,202.50 with a completion date of April 30, 2017. Analysis:The project will require relocation of facilities that belong to Unite Private Networks LLC. Their facilities are located on existing poles which are within the existing right of way and, therefore, are not eligible for reimbursement. Financial Impact:N/A Alternatives:1. Approve entering into an agreement with Unite Private Networks LLC stating that Augusta, Georgia will not be Cover Memo Item # 35 responsible for the cost to relocate their facilities on the project to improve Windsor Spring Road Phase IV, Willis Foreman Road to Tobacco Road, CPB# 323-04-299823766. Also, approve for the Augusta, Georgia Legal Counsel, Mayor and other designated representatives of Augusta, Georgia to execute three (3) Utility Relocation Agreements which state that, upon completion of the work, Augusta, Georgia will not be responsible for any of the cost for relocation of their facilities as requested by AED. 2. N/A Recommendation:Approve alternative #1 Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 35 Attachment number 1 \nPage 1 of 9 Item # 35 Attachment number 1 \nPage 2 of 9 Item # 35 Attachment number 1 \nPage 3 of 9 Item # 35 Attachment number 1 \nPage 4 of 9 Item # 35 Attachment number 1 \nPage 5 of 9 Item # 35 Attachment number 1 \nPage 6 of 9 Item # 35 Attachment number 1 \nPage 7 of 9 Item # 35 Attachment number 1 \nPage 8 of 9 Item # 35 Attachment number 1 \nPage 9 of 9 Item # 35 Commission Meeting Agenda 10/7/2014 2:00 PM Windsor Spring Road Phase V – Agreement Unite Private Networks LLC Department:Abie L. Ladson, Director Caption:Motion to approve entering into an agreement with Unite Private Networks LLC stating that Augusta, Georgia will not be responsible for the cost to relocate their facilities on the project to improve Windsor Spring Road Phase V, State Route 88 in Hephzibah to Willis Foreman Road, CPB# 323-04- 299823786. Also, approve for the Augusta, Georgia Legal Counsel, Mayor and other designated representatives of Augusta, Georgia to execute three (3) Utility Relocation Agreements which state that, upon completion of the work, Augusta, Georgia will not be responsible for any of the cost for relocation of their facilities as requested by AED. (Approved by Engineering Services Committee September 29, 2014) Background:On August 5, 1997 the Augusta, Georgia Commission approved for this project to be funded from the Sales Tax Program. On April 6, 1999 Augusta, Georgia and the Georgia Department of Transportation (GDOT) entered into an agreement for Augusta, Georgia to be responsible for the preliminary engineering activities and relocation of public owned utilities. The project will widen and reconstruct Windsor Spring Road to 4 lanes with a median and provide an urban drainage system, multi-use trails, street lighting and replace the bridge over Norfolk Southern Railroad. GDOT is funding up to $4,236,500 to acquire the right of way and the Land Acquisition Department is acquiring the right of way. The construction funds will be provided by GDOT and the current estimate is $13,025,783. Construction funds are approved for GDOT fiscal year 2015. (7/1/14–6/30/15) Analysis:The project will require relocation of facilities that belong to Unite Private Networks LLC. Their facilities are located on existing poles which are within the existing right of way and, therefore, are not eligible for reimbursement. Financial Impact:None Alternatives:1. Approve entering into an agreement with Unite Private Cover Memo Item # 36 Networks LLC stating that Augusta, Georgia will not be responsible for the cost to relocate their facilities on the project to improve Windsor Spring Road Phase V, State Route 88 in Hephzibah to Willis Foreman Road, CPB# 323-04-299823786. Also, approve for the Augusta, Georgia Legal Counsel, Mayor and other designated representatives of Augusta, Georgia to execute three (3) Utility Relocation Agreements which state that, upon completion of the work, Augusta, Georgia will not be responsible for any of the cost for relocation of their facilities as requested by AED. 2. N/A Recommendation:Approve alternative one Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 36 Attachment number 1 \nPage 1 of 9 Item # 36 Attachment number 1 \nPage 2 of 9 Item # 36 Attachment number 1 \nPage 3 of 9 Item # 36 Attachment number 1 \nPage 4 of 9 Item # 36 Attachment number 1 \nPage 5 of 9 Item # 36 Attachment number 1 \nPage 6 of 9 Item # 36 Attachment number 1 \nPage 7 of 9 Item # 36 Attachment number 1 \nPage 8 of 9 Item # 36 Attachment number 1 \nPage 9 of 9 Item # 36 Commission Meeting Agenda 10/7/2014 2:00 PM Minutes Department:Clerk of Commission Caption:Motion to approve the minutes of the regular meeting of the Commission held September 16, 2014 and Special Called Meeting held September 29, 2014. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 37 Commission Meeting Agenda 10/7/2014 2:00 PM Darren Smith Department: Caption:Motion to approve the appointment of Mr. Darren Smith to Coliseum Authority due to the resignation of Mr. Louis Harris representing District 10. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 38 Attachment number 1 \nPage 1 of 1 Item # 38 Commission Meeting Agenda 10/7/2014 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 # 39