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HomeMy WebLinkAbout2017-05-02 Meeting AgendaCommission Meeting Agenda Commission Chamber 5/2/2017 2:00 PM INVOCATION:Reverend Herman “Skip” Mason, Pastor, Trinity CME Church. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. CONSENT AGENDA (Items 1-15) PUBLIC SERVICES 1.Motion to approve Supplemental Agreement No. 1 to Lease No. DACW21-1-09-2013 between Augusta, Georgia and the Secretary of the Army for the New Savannah Bluff Lock and Dam. (Approved by Public Services Committee April 25, 2017) Attachments ADMINISTRATIVE SERVICES 2.Motion to approve a request from the Augusta Regional Airport for the purchase of two new pickup trucks: one to assist in the Maintenance Division activities and the second to assist in the Operations Division. Bid 16-235 (Approved by Administrative Services Committee April 25, 2017) Attachments 3.Motion to approve the replacement of one 1998 aerial bucket truck for the Augusta Engineering Department-Traffic Division. (Approved by Administrative Services Committee April 25, 2017) Attachments 4.Motion to deny the Protest of Peed Bros. Inc. regarding bid # 17-147 Deans Bridge Road MSW Landfill Phase 3, Stage 1, Cell 3 Earthwork Package for Environmental Services Department. (Approved by Attachments Administrative Services Committee April 25, 2017) 5.Motion to approve the recommendation of the Administrator to continue to allow City employees the option of having maintainence drug prescriptions filled either through the mail order program or through (traditional) local pharmacies in association with the Magellan's contract for Pharmacy Benefit Management Services. (Approved by Administrative Services Committee April 25, 2017) Attachments PUBLIC SAFETY 6.Motion to approve Grant-Funded Service Agreement for an Accountability Courts Case Manager. (Approved by Public Safety Committee April 25, 2017) Attachments 7.Motion to approve reimbursement to Richmond County Board of Education and University Medical Center for shelter operations during the evacuations caused by Hurricane Matthew and authorize the Accounting Department to issue reimbursement checks and authorize the Mayor to execute the appropriate documents. (Approved by Public Safety Committee April 25, 2017) Attachments FINANCE 8.Motion to approve the recommendation of the Finance Director to require an audit for non-profit organizations receiving more than $20,000 in funding and an independent review from organizations receiving $20,000 or less. (Approved by Finance Committee April 25, 2017) Attachments ENGINEERING SERVICES 9.Motion to authorize and approve Supplemental Agreement Number Ten (SA10) for the Augusta Levee Certification Project for Cranston Engineering Group, P. C., as requested by AED. SA10 includes: State required Safe Dam Emergency Response Plan & Inspection ($58,600); and USACE Levee noted deficiencies correction action plan including drainage and structural inspections ($177,777). Funds available in Stormwater contractual services budget. (Approved by Engineering Services Committee April 25, 2017) Attachments 10.Motion to approve the contract for the purchase and installation of furniture for 452 Walker Street. (Bid 17-153) (Approved by Engineering Services Committee April 25, 2017) Attachments 11.Motion to approve the deeds of dedication, maintenance agreements, and road resolutions submitted by the Engineering and Augusta Utilities Departments for Manchester Subdivision, Section Seven. (Approved by Engineering Services Committee April 25, 2017) Attachments 12.Motion to approve Mobilitie, LLC’s Formal Registration Application to Access the Public Right of Way within Augusta, Georgia for the Provisions of Telecommunications Services as a State-Certified Utility. (Approved by Engineering Services Committee April 25, 2017) Attachments 13.Motion to approve $2,300,000 to continue the funding for the current On-Call Concrete Repair, Concrete Construction and Emergency Repair Services Contract to Horizon Construction, J&B Construction & Services, Inc., Quality Storm Water Solutions, Winsay, Inc., Blair Construction, Larry McCord, LLC., and Contract Management, Inc. as requested by AED. (Approved by Engineering Services Committee April 25, 2017) Attachments 14.Motion to approve $1,000,000 to continue the funding for the On-Call Pothole Repair, Paving and Emergency Repair Services Contract to Blair Construction, Beam’s Contracting, and Georgia-Carolina Paving as requested by AED. (Approved by Engineering Services Committee April 25, 2017) Attachments PETITIONS AND COMMUNICATIONS 15.Motion to approve the minutes of the regular meeting of the Commission held April 18, 2017 and Legal Meeting held April 25, 2017. Attachments ****END CONSENT AGENDA**** AUGUSTA COMMISSION 5/2/2017 AUGUSTA COMMISSION REGULAR AGENDA 5/2/2017 (Items 16-21) ADMINISTRATIVE SERVICES 16.Presentation by Ms. Angela Lance, Vice President, Peed Bros., Inc. regarding Bid Protest of Peed Bros. Inc. relative to Bid #17-147 Deans Bridge Road MSW Landfill Phase 3, State 1, Cell 3 Earthwork Package for ESD. Attachments 17.Discuss scrapping the PPPM and the proposed policy letters and allow every employee charged with a disciplinary violation the opportunity to have Commissioners friendly to present their case and/or organization present it for adjudication by the commission. This opportunity should not be available just to the politically connected, but all employees. (Requested by Commissioner Sammie Sias) Attachments 18.Report from the Clerk's Office regarding the issue of "Sagging Pants" as addressed by other cities in Georgia. (No recommendation from Administrative Services Committee April 25, 2017) Attachments PUBLIC SAFETY 19.Motion to approve establishing two new Animal Services positions, with the associated costs for the required equipment such as vehicles, uniforms, training, etc. and adjust the pay of the animals officers to a level equivalent to cities of our size utilizing funds from the $380K that was added to the contingent fund in February 2017. (No recommendation from Public Safety Committee April 25, 2017) Attachments 20.Motion to approve a Contract with Pierce Manufacturing, Inc. instead of the proposed contract with Ten-8 in reference to RFP 17-137 Emergency Apparatus/Fire Pumper for six (6) Pierce pumpers and to authorize the Mayor to execute the appropriate documents. (No recommendation Attachments Upcoming Meetings www.augustaga.gov from Public Safety Committee April 25, 2017) LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 21.Motion to approve execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Commission Meeting Agenda 5/2/2017 2:00 PM Invocation Department: Department: Caption:Reverend Herman “Skip” Mason, Pastor, Trinity CME Church. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 5/2/2017 2:00 PM Lock and Dam Supplemental Lease Agreement Department:Recreation and Parks Department:Recreation and Parks Caption:Motion to approve Supplemental Agreement No. 1 to Lease No. DACW21-1-09-2013 between Augusta, Georgia and the Secretary of the Army for the New Savannah Bluff Lock and Dam. (Approved by Public Services Committee April 25, 2017) Background:On July 17, 2009, the Secretary of the Army (Secretary) granted to Augusta, Georgia a lease for approximately 50 acres of land for public park and recreational purposes at New Savannah Bluff Lock and Dam beginning December 8, 2008 and ending December 7, 2018. Analysis:In May of 2014, the Secretary notified Augusta, Georgia of a safety requirement with the deterioration of the riverside lock wall foundation; therefore, barriers, fencing and signage will be installed to halt public access to the area. In addition, the operation and ,maintenance of the public restrictive additions will be the responsibility of Augusta, Georgia. The Supplemental Agreement No. 1 clarifies this issue under No. 35. Special Conditions noted in the Lease. In addition, No. 3 Notices has been replaced with new language as noted in the Supplemental Agreement No. 1. One final item the agreement changes is with the Grantee, from Richmond County, Georgia to Augusta, Georgia throughout the Lease. Financial Impact:N/A Alternatives:1. To Approve Supplemental Agreement No.1 2. Move No Action Recommendation:1. Move to Approve Funds are Available in the Following N/A Cover Memo Accounts: REVIEWED AND APPROVED BY: Cover Memo SUPPLEMENTAL AGREEMENT NO. 1 TO LEASE NO. DACW21-1-09-2013 1 SUPPLEMENTAL AGREEMENT NO. 1 TO LEASE NO. DACW21-1-09-2013 FOR PUBLIC RECREATIONAL AND NAVIGATIONAL PURPOSES NEW SAVANNAH BLUFF LOCK AND DAM RICHMOND COUNTY, GEORGIA THIS SUPPLEMENTAL AGREEMENT NO. 1 is made and entered into by and between the SECRETARY OF THE ARMY, hereinafter referred to as the Secretary, and AUGUSTA, GEORGIA, its successors and assigns, hereinafter referred to as the Lessee. WITNESSETH WHEREAS, on July 17, 2009, the Secretary granted to Richmond County, Georgia a lease for approximately 50 acres of land for public park and recreational purposes at New Savannah Bluff Lock and Dam, beginning December 8, 2008 and ending December 7, 2018. WHEREAS, on May 13, 2014, the Secretary notified Richmond County, Georgia of a safety requirement with the deterioration of the riverside lock wall foundation; therefore, barriers, fencing and signage will be installed to halt public access to the area. The Secretary has a requirement that all operation and maintenance of the public restrictive additions will be the responsibility of Richmond County, Georgia. NOW, THEREFORE, in consideration of the premises and other good and valuable considerations inuring unto each of the parties hereto, Lease No. DACW21-1-09-2013 is hereby amended in the following particulars, but no others, effective upon execution; Grantee name is changed from Richmond County, Georgia to Augusta, Georgia and all references throughout Lease No. DACW21-1-09-2013 are hereto changed. Condition No. 3 is hereby deleted in its entirety and replaced with the following: “3. NOTICES All correspondences and notices to be given pursuant to this lease shall be addressed, if to the Lessee, to Augusta, Georgia, Office of the Mayor, Suite 200, Augusta, Georgia 30901; with a copy to Augusta Department of Recreation and Parks, 2027 Lumpkin Road, P.O. Box 5605, Augusta, Georgia 30916-5605; and if to the United States, to the District Engineer, Attention: Chief, Real Estate Division (DACW21-1-09-2013), 100 West Oglethorpe Ave, Savannah, Georgia 31401-3604, or as may from time to time otherwise be directed by the parties. Notice shall be deemed to have been duly given if and when enclosed in a properly sealed envelope, or wrapper, addressed as aforesaid, and deposited postage prepaid in a post office regularly maintained by the United States Postal Service.” SUPPLEMENTAL AGREEMENT NO. 1 TO LEASE NO. DACW21-1-09-2013 2 Condition No. 35 is hereby amended and the following is added: “35. SPECIAL CONDITIONS – REQUIREMENTS AND LOCK OPERATING PROCEDURES FOR ANADROMOUS FISH PASSAGE c. All operations of the locks, structures associated with the locks, and all access and use of the downstream riverside lock wall open to the public access will be closed. All access shall remain closed until appropriate corrective measures are taken to address the safety of the structure(s). d. Augusta, Georgia must operate and maintain fencing, signs, etc. for the duration of the lease or formal notice from the Chief of Real Estate stating otherwise.” All other terms and conditions of the lease instrument shall remain unchanged and in full force and effect. {SIGNATURE PAGES FOLLOW} SUPPLEMENTAL AGREEMENT NO. 1 TO LEASE NO. DACW21-1-09-2013 3 THIS SUPPLEMENTAL AGREEMENT NO. 1 to Lease No. DACW21-1-09-2013 is not subject to Title 10, United States Code, Section 2662, as amended. IN WITNESS WHEREOF, I have hereunto set my hand by authority of the Secretary of the Army, this _______day of _____________________, _____. _______________________________ Robert M. Jewell Deputy Chief, Real Estate Division Real Estate Contracting Officer _____________________________ Witness (1) _____________________________ Witness (2) STATE OF GEORGIA ) : ss COUNTY OF CHATHAM ) On this _______ day of _________________, ______, before me the undersigned Notary Public, personally appeared Robert M. Jewell, Deputy Chief, Real Estate Division, U.S. Army Engineer District, Savannah, Georgia, known to me to be the person described in the foregoing instrument, who acknowledged that he executed the same in the capacity therein stated and for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. _________________________________ Notary Public My Commission Expires: ____________________ SUPPLEMENTAL AGREEMENT NO. 1 TO LEASE NO. DACW21-1-09-2013 4 THIS SUPPLEMENTAL AGREEMENT NO. 1 also executed by the Grantee this ______ day of ____________________, _____. AUGUSTA, GEORGIA BY: _________________________ NAME: ______________________ TITLE: ______________________ ____________________________ Witness (1) _____________________________ Witness (2) STATE OF GEORGIA ) : ss COUNTY OF RICHMOND ) On this _______ day of _________________, _____, before me the undersigned Notary Public, personally appeared ____________________________, known to me to be the person described in the foregoing instrument, who acknowledged that he executed the same in the capacity therein stated and for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. _____________________________ Notary Public My Commission Expires: ____________________ SUPPLEMENTAL AGREEMENT NO. 1 TO LEASE NO. DACW21-1-09-2013 5 CORPORATE CERTIFICATE I _____________________________________ (name) certify that I am the ______________________ (title) of AUGUSTA, GEORGIA that ________________________ (signator of outgrant) who signed the foregoing instrument on behalf of the corporation was then _________________________ (title of signator of outgrant) of the corporation. I further certify that the said officer was acting within the scope of powers delegated to this officer by the governing body of the corporation in executing said instrument. AUGUSTA, GEORGIA Date: ___________ ____________________________________ Corporate Secretary or Appropriate Officer (AFFIX CORPORATE SEAL) DEPARTMENT OF THE ARMY SAVANNAH DISTRICT, CORPS OF ENGINEERS 100 W. OGLETHORPE AVENUE SAVANNAH, GEORGIA 31401-3604 November 21, 2016 Real Estate Division Augusta, Georgia Office of the Mayor Suite 200 Augusta, Georgia 30901 To Whom It May Concern: Enclosed is proposed Supplemental Agreement No. 1 to Lease No. DACW21-1-09-2013 which modifies the existing lease between the Secretary of the Army and Augusta, Georgia for the use of approximately 50 acres of land for public park and recreational purposes at J. Strom Thurmond Lake. If the proposed Supplemental Agreement is satisfactory, please have the appropriate official of your organization date, sign and notarize all copies and have another official of your organization complete, date and sign all copies of the Corporate Certificate. Please return all completed documents to this office. The signed documents must be returned to this office as soon as possible but no later than December 5, 2016. Please note that any correspondence regarding this outgrant must include the government assigned outgrant number for reference and tracking purposes. Should you have any questions, please do not hesitate to contact me at (912) 652-5216. Sincerely, //original signed// Jaime Patterson Realty Specialist Management & Disposal Branch Enclosure CF: Augusta Department of Recreation and Parks Commission Meeting Agenda 5/2/2017 2:00 PM 2017 - Augusta Regional Airport Requests Trucks Department:Central Services Department - Fleet Management Department:Central Services Department - Fleet Management Caption:Motion to approve a request from the Augusta Regional Airport for the purchase of two new pickup trucks: one to assist in the Maintenance Division activities and the second to assist in the Operations Division. Bid 16-235 (Approved by Administrative Services Committee April 25, 2017) Background:The Augusta Regional Airport Commission has approved both purchases per the attached approval letter. Analysis:The Procurement Department published competitive bids using the Demand Star electronic bid application for the requested pickup trucks with the following results: Bid 16-235 - F150, V8, Ext Cab, 4x4 model: Allan Vigil Ford = $26,141.00; Fairway Ford = $26,432.00; Langsdale Chevrolet = $27,666.00; Master Buick GMC = $33,763.00 Bid 16-188 – F250, Crew Cab, 4x4 model: Allan Vigil Ford = $32,386.00; Fairway Ford = $30,926.00; Gerald Jones Ford = $32,299.00 NOTE: Gerald Jones Ford requested to match the non-local low bidder of $30,926.00 through the Local Vendor Preference Option. Financial Impact:1-F150 V8, Ext Cab 4x4 pickup truck @ $26,141.00 and 1-F250 V8, Crew Cab, 4x4 pickup truck @ $30,926.00 for a total cost of $ 57,067.00. The trucks will be purchased through the Georgia Municipal Association lease-to-own program with three annual payments of $19,022.33 each. (ACT #: 631-10-1110-54-99631) Alternatives:(1) Approve the request; (2) Do not approve the request Recommendation:Approve the purchase of two pickup trucks for the Augusta Regional Airport. Funds are Available Cover Memo in the Following Accounts: Georgia Municipal Lease (to own) program: (ACT #: 631-10- 1110-54-99631) REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Invitation to Bid Sealed bids will be received at this office until Friday, September 23, 2016 @ 11:00 a.m. for furnishing: Bid Item #16-235 6,000 GVW Series Pickup Truck – Augusta Central Services Department – Fleet Management Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 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, 535 Telfair 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 9, 2016 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. No bids may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. 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. 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 placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle August 18, 25, September 1, 8, 2016 Metro Courier August 24, 2016 OFFICIAL Vendors ALLAN VIGIL FORD 6790 MT. ZION BLVD MORROW, GA 30260 FAIRWAY FORD OF AUGUSTA 4333 WASHINGTON RD EVANS, GA 30809 LANGDALE CHEVOLET P. O. BOX 770 SYLVESTER, GA 31791 MASTER BUICK GMC 3710 WASHINGTON RD AUGUSTA, GA 30907 Attachment B Yes YES Yes Yes E-Verify Number 94460 689687 523776 KROS8437/ 665555 SAVE Form Yes YES Yes Yes 5.01 Fullsize Truck, Rg Cab 2 wheel drive $19,566.00 $19,770.00 $19,705.00 $25,100.00 5.02 Fullsize Truck, Rg Cab 4 wheel drive $20,898.00 $22,470.00 $22,626.00 $28,776.00 5.03 Fullsize Truck, Ext Cab 2 wheel drive $20,698.00 $20,839.00 $22,328.00 $27,784.00 5.04 Fullsize Truck, Ext Cab 4 wheel drive $23,584.00 $23,862.00 $25,486.00 $31,466.00 5.05 Fullsize Truck, Ext Cab 2 wheel drive, 8 cyl $21,884.00 $22,070.00 $23,380.00 $28,836.00 5.06 Fullsize Truck, Ext Cab 4 wheels door, 8 cyl $24,891.00 $25,094.00 $26,538.00 $32,518.00 5.07 Fullsize Truck, Crew Cab 2 wheel drive $23,997.00 $25,038.00 CC15743/ No Bid $33,228.00 5.08 Fullsize Truck, Crew Cab 4 wheel drive $27,094.00 $27,335.00 $29,078.00 $36,142.00 5.09 Speed control/tilt steering $215.00 $207.00 Standard n/a 5.10 Skid Plate package (4x4)$150.00 $148.00 $106.00 $295.00 Bid #16-235 6,000 GVW Series Pickup Truck for Augusta, Georgia - Central Services Department- Fleet Management Division Bid Opening Date: Friday, September 23, 2016 @ 11:00 a.m. Total Number Specifications Mailed Out: 20 Total Number Specifications Download (Demandstar): 1 Total Electronic Notifications (Demandstar): 95 Mandatory Pre-Bid/Telephone Conference: NOT APPLICABLE Total packages submitted: 4 Total Noncompliant: 0 5.00 Vehicle and Options Required Page 1 of 3 OFFICIAL Vendors ALLAN VIGIL FORD 6790 MT. ZION BLVD MORROW, GA 30260 FAIRWAY FORD OF AUGUSTA 4333 WASHINGTON RD EVANS, GA 30809 LANGDALE CHEVOLET P. O. BOX 770 SYLVESTER, GA 31791 MASTER BUICK GMC 3710 WASHINGTON RD AUGUSTA, GA 30907 Bid #16-235 6,000 GVW Series Pickup Truck for Augusta, Georgia - Central Services Department- Fleet Management Division Bid Opening Date: Friday, September 23, 2016 @ 11:00 a.m. Total Number Specifications Mailed Out: 20 Total Number Specifications Download (Demandstar): 1 Total Electronic Notifications (Demandstar): 95 Mandatory Pre-Bid/Telephone Conference: NOT APPLICABLE Total packages submitted: 4 Total Noncompliant: 0 5.11 Minimum 8 Foot Bed $300.00/ $950.00 $265.00 $614.00 $300.00 5.12 Black platform Run Bd $235.00 $231.00 $534.00 $780.00 5.13 Elec Windows & Door Locks $1,235.00 $893.00/ $1077.00 $640.00 $700.00 5.14 Trailer Tow package $460.00 $548.00 $380.00 $375.00 5.15 CNG Package $290.00 $1,758.00 n/a n/a 5.16 Heavy duty payload package $1,400.00 $3,304.00 Standard n/a 5.17 XL Chrome appearance package $300.00 $713.00 $220.00 $510.00 5.18 XL power equipment package $1,235.00 $893.00/ $1077.00 n/a n/a 5.19 XL sport appearance package $300.00 n/a n/a n/a 6.01 Fire Extinguisher $65.00 $50.00 $82.00 n/a 6.02 Outlet receptacle $70.00 $60.00 $189.00 n/a 6.03 Bedliner $355.00 $375.00 $453.00/ $529.00 $575.00 6.04 Toolbox $450.00 $259.00 $467.00 $500.00 6.05 Trailer hitch $505.00 $144.00 $405.00 $380.00 6.06 Trailer wiring included included $51.00 $150.00 6.07 Trailer Ball $40.00 $12.00 $30.00 $50.00 6.08 Window tint, reg cab $125.00 $125.00 $158.00 $150.00 6.00 Outfitter's Specialty Items Page 2 of 3 OFFICIAL Vendors ALLAN VIGIL FORD 6790 MT. ZION BLVD MORROW, GA 30260 FAIRWAY FORD OF AUGUSTA 4333 WASHINGTON RD EVANS, GA 30809 LANGDALE CHEVOLET P. O. BOX 770 SYLVESTER, GA 31791 MASTER BUICK GMC 3710 WASHINGTON RD AUGUSTA, GA 30907 Bid #16-235 6,000 GVW Series Pickup Truck for Augusta, Georgia - Central Services Department- Fleet Management Division Bid Opening Date: Friday, September 23, 2016 @ 11:00 a.m. Total Number Specifications Mailed Out: 20 Total Number Specifications Download (Demandstar): 1 Total Electronic Notifications (Demandstar): 95 Mandatory Pre-Bid/Telephone Conference: NOT APPLICABLE Total packages submitted: 4 Total Noncompliant: 0 6.09 Window tint, ext cab $150.00 $150.00 $200.00 $200.00 6.10 Window tint, crew cab $160.00 $175.00 $220.00 $200.00 6.11 Add on step-driver and passenger side drs $250.00 $159.00 $246.00 no bid 7.01 Backup alarm $115.00 $75.00 $71.00 $175.00 7.02 LED topmount light $555.00 $542.00 $504.00 n/a Year 2017 2017 2017 2017 Make Ford Ford Chevrolet GMC Model F150 F150 Silverado Sierra Approximate Delivery Date 10-12 weeks 90-120 days 60-70 days 8-12 weeks The following vendor did not respond: GERALD JONES FORD / 3480 WRIGHTSBORO RD / AUGUSTA, GA 30919 7.00 Alert Warning Systems 2017 6,000 GVW PICKUP TRUCK: Page 3 of 3 / fi/ellffAf Dtlfu T*iyardA.DoroqDfi+utoeA Bps.C.""&BrFl"cgMurgcr Cenual $errric€s DeP a;rtment AWtsF:Gh e0901 Phrac (70Q84L8892 To; *t Ms. Gerri Sm*, frscurenent lHrecto+ Sublectt Date: &omr Son CruvdOui FI*et fvlsurgnr, Ctilrirl Bgviees Dopnrfmqlt T.hrougb:,fr *iv^h A. Dous€, Ilirsctor, Ceirtrrl sewises Doprrlmont Fteet Maryg@eet rrrould like to pquct the bid av*arrd fq thc aftasH cpmp ,ilatisn of bid 16 ial, f;OO0gVW,SeriFsPtoEugTruc4, rrihiahqpeu€at on $eptambot{3t{ at 11ro0P,n .be qsmdedto F*inn1iy Fo-rd of,E'rensoGeorgia fib vendsr $'Ehitrdthclouaw,bid-urhich satisfaprorily Eet all of tt* depaifinartrs rnqrdremrnts. \08 have UEchetl,the rcmtts for'ytur revio-w. Plense letus knowuftrentbe vendorpapei:urctk isoomplaeitou thisa\Yadsothat we ruy &o,ve forward,wjth *re pn&ase procoss. rfyou hrye aoy'quertibus 6t gopq$ns p-loase crlr,Etact mg' EestPenolt$l Rcgards" fr/r-*&t Ron Croruden Flset Maeaser Biil Award n.ques{-Bid 16.135 fohrrary2lr20lZ 2017 6,000 PICKUP TRUCK BtD 16-235 Year Brand Model Delivery Date 5.01 Model -6,000-RC-4x2 l3.7Ll 5.12 Black Platform Run Boards 5.13 Elect Windows & Door Locks 6.OO OUTFITTER'S SPECIALTY ITEMS 6.07 2" Trailer Ball Sheet 7 19, 235.00 231.00 534.00 780.0c r.z3b.uu 893.00 640.00 700.0c 40.0u 12.O0 3U.UU| CU.UL oz r,u/o.uL szu,guu.ut $20,909.UU trz6,r'3U.UL Commission Meeting Agenda 5/2/2017 2:00 PM 2017 - Traffic Engineering Bucket Truck Department:Central Services Department - Fleet Management Division Department:Central Services Department - Fleet Management Division Caption:Motion to approve the replacement of one 1998 aerial bucket truck for the Augusta Engineering Department-Traffic Division. (Approved by Administrative Services Committee April 25, 2017) Background:Fleet Management would like to request the replacement of a 1998 aerial bucket truck, asset number 994118. This vehicle had major engine failure requiring the replacement of the engine, which would exceed the value of the truck. In addition, this truck is outdated and does not incorporate many safety features that are included on the newer trucks, which jeopardizes the safety of the operator. Traffic Engineering has a very limited number of trucks and down time due to this truck’s age creates a hardship for this division. Analysis:The Procurement Department published a competitive bid using the Demand Star national electronic bid application for Police Vehicles with the following results. Bid 16-150 – Altec Corp = $110,082.00 each; Custom Truck & Equipment Company = failed to include requested items in bid; Wade Ford = $119,311.00 each. Please see tabsheet attachment. Financial Impact:The requested truck will be purchased using 2017 General Fund Capital Outlay funds (272-01-6440/5422210). The cost of the new bucket truck is $110,082.00. Alternatives:(1) Approve the request; (2) Do not approve the request Recommendation:Approve the request to replace one aerial bucket truck from Altec Corp, Inc., and declare 994118 surplus and available for auction. Funds are Available Cover Memo in the Following Accounts:Fleet Capital Outlay: (272-01-6440/5422210) REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo AUGUSTA RICHMOND COUNTY Equipment Disposition Form Company ARC Asset #180058 Bumper #RO #180058 Year 1998 Make Model Type Miles/Hours General Description of Repairs Needed Type of Estimate Cost Detail Parts Labor Sublet Total NCC - 4 Accident - Fleet -$ -$ -$ -$ NCC - 5 Operator Abuse -$ -$ -$ -$ NCC - 6 Vandalism -$ -$ -$ -$ NCC - 7 FM Directed -$ -$ -$ -$ NCC - 9 Capital Improve.-$ -$ -$ -$ NCC - D Pursuit Damage -$ -$ -$ -$ NCC - G Emergencies -$ -$ -$ -$ NCC - L Operational Loss 12,273.76$ 1,504.14$ 150.00$ 13,927.90$ NCC - M Accident - Risk -$ -$ -$ -$ Contract Repairs -$ -$ -$ -$ Disposal Recommended -$ -$ -$ -$ Continuation Approval -$ -$ -$ -$ 2nd Continuation Approval -$ -$ -$ -$ 3rd Continuation Approval -$ -$ -$ -$ Total Cost $13,927.90 Unit can CANNOT be driven/operated Unit presently located at Prepared & Submitted by JH/EG FVS Approval MB Date 22-Mar-17 County Fleet Manager Response Returned for Information Date RGC Disposal Approval Date 24-Mar-17 Disapproved Date Contract Repair Approval Date Non-Contract Approval Date Continuation Approval Date 2nd Continuation Approval Date 3rd Continuation Approval Date Authorization #Charge Code Approval Signature Date 24-Mar-17 101041710 Engineering-Traffic Engineers TOBACCO ROAD DISPOSAL DISPOSAL GMC/Altec 3500/AT35G 82,321Bucket Truck Code L: During inspection found coolant leak,front leaf springs warped,bushings dryrotted,sway bar link bushing missing and hydraulic lines leaking. Also recommend engine replacement due to lifter noise. Head gaskets leaking, front cover has coolant leak, heads need to be checked for crackes. 1 2 3 4 RGC FRM-OP-204A.Rev4 Augusta Non-Contract Cover Revised 01/19/2017 REPAIR ESTIMATE FORM WO #180058 Year 1998 Asset #180058 Make GMC/Altec Bumper #0 Model 3500/AT35G Mileage 82,321 Company ARC Dept 101041710 Engineering-Traffic Engineers Type Bucket Truck Unit Total NCC Labor Labor Qty Part Number Part Description Price Price Description of Work CODE Hours Subtotal 1 Engine 9,500.00$ 9,500.00$ R/R Engine/radiator hoses L 40.00 911.60$ 1 Thermostat gasket 50.00$ 50.00$ R/R Leaf spring/bushings L 16.00 364.64$ 1 Lower radiator hose 40.00$ 40.00$ Repair/reweld step L 4.00 91.16$ 1 Upper radiator hose 40.00$ 40.00$ R/R hydraulic lines L 6.00 136.74$ 1 Coolant reservior 110.00$ 110.00$ L - -$ 6 3/4" Heater hose 3.00$ 18.00$ L - -$ 3 Coolant 10.00$ 30.00$ L - -$ 2 Engine mounts -$ -$ L - -$ -$ -$ L - -$ 2 Front leaf springs 489.95$ 979.90$ L - -$ 4 Front leaf springs bushings 50.00$ 200.00$ L - -$ 16 Front stablizer frame bushings 15.00$ 240.00$ L - -$ 2 Sway bar links 158.86$ 317.72$ L - -$ 1 Front panhard bar 390.90$ 390.90$ L - -$ 2 Front shocks 152.12$ 304.24$ L - -$ 1 White spray paint 5.00$ 5.00$ L - -$ 8 Non-conductive hyd oil 6.00$ 48.00$ L - -$ -$ -$ L - -$ -$ -$ L - -$ -$ -$ -$ -$ -$ 0 - -$ -$ -$ 0 - -$ -$ -$ 0 - -$ -$ -$ 0 - -$ -$ -$ 0 - -$ -$ -$ 0 - -$ -$ -$ 0 - -$ -$ -$ 0 - -$ -$ -$ - -$ -$ -$ 0 - -$ -$ -$ 0 - -$ -$ -$ 0 - -$ -$ -$ 0 - -$ -$ -$ 0 - -$ -$ -$ 0 - -$ -$ -$ 0 - -$ Total Materials 12,273.76$ Total Labor Hours 66.00 Labor Rate 22.79$ Total Labor Cost 1,504.14$ CODE Outside Vendor Work Amount L 150.00$ Total Materials Cost 12,273.76$ -$ Total Labor Cost 1,504.14$ -$ Total Outside Vendor Cost 150.00$ 150.00$ Total Amount 13,927.90$ Prepared & Submitted by:JH/EG Date 3/22/2017 Co d e L : D u r i n g i n s p e c t i o n fo u n d c o o l a n t l e a k , f r o n t le a f s p r i n g s He a d g a s k e t s l e a k i n g , fr o n t c o v e r h a s c o o l a n t le a k , h e a d s n e e d t o b e 0 0 Hydraulic hose FRM-OP-204A.Rev4 Augusta Non-Contract Estimate Revised 1/19/17 Invitation To Bid Sealed bids will be received at this office until Thursday, March 24, 2016 at 11:00 a.m. for furnishing: Bid Item 16-150 Aerial Bucket Truck for Fleet Department Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams Procurement Department 535 Telfair 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, 535 Telfair 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, March 11, 2016 @ 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 placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle February 18, 25, March 3, 10, 2016 Metro Courier February 24, 2016 VENDORS Attachment B E-Verify Number SAVE Form Year Make Model Year Make Model BID PRICE 11.01 WINCH 11.02 INVERTER PROPOSED DELIVERY $2,965.00 11.00 OPTIONAL ITEMS: $3,800.00 No Bid Ford 314470 2017 2016 Ford Ford Yes 317256 Yes Yes 206036 F550F550 Total Number Specifications Mailed Out: 13 Total Number Specifications Download (Demandstar): Total Electronic Notifications (Demandstar): Mandatory Pre-Bid/Telephone Conference: NOT APPLICABLE Total packages submitted: 3 Total Noncompliant: 0 Bid Opening Bid Item #16-150 Aerial Bucket Truck for Augusta, Georgia - Fleet Management Department Bid Due: Thursday, March 24, 2016 at 11:00 a.m. WADE FORD 3860 S COBB DRIVE SMYRNA, GA 30080 Yes 2017 AERIAL BUCKET TRUCK/CHASSIS: ALTEC 200 ALTEC DRIVE ELIZABETHTOWN, KY 42701 YesYes UTILITY ONE SOURCE 157 LONESOME DOVE LN RINGGOLD, GA 30736 SST40EIH/ BG6239 SST40EIH/ 6132D54J F550 Aerial Lift / Body ARO 240-270 days 180-210 days ARO 270-300 days $1,375.00 No Bid $1,784.00 $114,136.00 $105,333.00 Versalift/ B & G Body Altec 2016 Versalift/ Knapheide AT40G $119,205.00 2015 2016 Page 1 of 1 Commission Meeting Agenda 5/2/2017 2:00 PM Deny the Protest of Peed Bros, Inc. Department:Procurement Department:Procurement Caption:Motion to deny the Protest of Peed Bros. Inc. regarding bid # 17- 147 Deans Bridge Road MSW Landfill Phase 3, Stage 1, Cell 3 Earthwork Package for Environmental Services Department. (Approved by Administrative Services Committee April 25, 2017) Background:On Tuesday, February 28, 2017 the Procurement Department received 5 bids for Bid item # 17-147. A review of the submittals by the Procurement Department resulted in Peed Bros., Inc. being non-compliant due to the fact that they did not acknowledge Addendum #2. A non-Compliant letter was sent to Peed Bros., Inc. on March 1, 2017. On March 3, 2017 Peed Bros., Inc. submitted a protest letter. On March 14, 2017 Procurement denied the protest due to the following statement. The ITB specifications clearly states that “…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.” On March 30, 20174 Peed Bros. submitted a request to appeal. A copy of the Bid Tab Sheet is attached (Exhibit 1) Non-Compliant Letter to Peed Bros. (Exhibit 2) Peed Bros., Inc. Protest letter (Exhibit 3) Procurement Response to the protest (Exhibit 4) Peed Bros., Inc. Appeal (Exhibit 5) Analysis: Financial Impact:Undetermined at this time. Alternatives:Uphold the Protest Peed Bros., Inc. regarding Bid # 17-147 Deans Bridge MSW Landfill Phase 3, Stage 1, Cell 3 Earthwork Package for Augusta, Georgia - Environmental Services Department. Cover Memo Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo OFFICIAL VENDORS Attachment "B"E-Verify SAVE Form Bid Bond Addendum 1-2 Base Bid Total Atlernate No. 1 Alternate No. 2 Alternate No. 3 PEED BROS. P.O. BOX 398 BUTLER, GA 31006 YES 349653 YES YES No / Non-Compliant $3,864,137.92 $24,324.00 -$32,721.00 $1,369,692.81 STRACK INC. 125 LASER INDUSTRIAL DRIVE FAIRBURN, GA 30213 YES 49792 YES YES YES $5,801,841.80 $59,748.00 -$250,642.86 $739,777.38 COOPER BARNETTE & PAGE 1928 EXECUTIVE PARK DRIVE STRATHAM, GA 30666 YES 153674 YES YES YES $5,203,101.11 $67,776.00 -$301,486.26 $1,698,868.23 GEARIG CIVIL WORKS 322 GRIMAUDE BLVD GROVETOWN, GA 30813 YES 226337 YES YES YES $5,662,383.05 $42,000.00 -$50,340.00 $723,648.75 RICHARDSON CONSTRUCTION CO 6806 MONTICELLO BLVD COLUMBIA, SC 29230 YES 287886 YES YES YES $6,411,215.80 -$30,000.00 -$50,340.00 $1,251,460.00 Total Number Specifications Mailed Out: 13 Total Number Specifications Download (Demandstar): Total Electronic Notifications (Demandstar): Mandatory Pre-Bid Attendees: 11 Total packages submitted: 5 Total Noncompliant: 1 ITB Opening Item #17-147 Deans Bridge Road MSW Landfill Phase 3, Stage 1, Cell 3 Earthwork Package for Augusta, Georgia-Environmental Service Department Bid Due: Tuesday, February 28, 2017 @ 3:00 p.m. Page 1 of 1 10:1OAM N0,5745 P, 1 PEED BRO$., lNC. ,"Since 1948" P.O. Box 398, Butler, GA 31006 478-862-.fi298 Office 478-862.5239 Fax Faxed (706-821-2811) and Matled March 3'2077 Atrgusta Procurement Department ATTN: Gerl A, Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Ref: Bid Item #17.147 Deans Bridge Road MSW Landfill Phase 3, Stage 1, Cell 3 Earthwork Package for Environmental Servlces Departrnent Dear Mrs. Sams: Please accept this letter as Peed Bros. tnc., request to protest the declslon regardlng our submittal being deemed non-compllant, During the bid opening on February 28,20l7, Mr. Darrell Whlte, Blds and Contract Speclallst, announced during the offlclal bld openlng that Peed Bros, Inc, acknowledged Addendums 1 and 2. Furthermore that information was lhput into the computer proBram that was displaying rhe bid information. After reviewing the documentatlon that was provided with your letter dated March l,20L7,Addendum 2 was received by Peed Bro!. Inc. on February 2L,20L7, Peed Bros. accepted and acknoyvledged leceipt ofAddendunr 2 in wrlttng via certified mail, Peed Bros. accepted and acknowledged Addendum 2 in regards to our submittal, The information provlded was used tn preparing our submittal. Peed tsros. Inc, does not contest or contend that any lnforlnatloh was hot pt'ovlded prlor to our subrnlttal. Peed Bros. Inc. further stands by our submittal price, We were the apparent lowbidder and would like to complete this project for the Environmental Services Department We would welcome a meeting or the next step in the pro[est process to resolve this issue. Commission Meeting Agenda 5/2/2017 2:00 PM Magellan Contract Department: Department: Caption:Motion to approve the recommendation of the Administrator to continue to allow City employees the option of having maintainence drug prescriptions filled either through the mail order program or through (traditional) local pharmacies in association with the Magellan's contract for Pharmacy Benefit Management Services. (Approved by Administrative Services Committee April 25, 2017) Background:See attachment for further details. Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 5/2/2017 2:00 PM Motion to Approve Grant-Funded Service Agreement for an Accountability Courts Case Manager Department:Superior Court Department:Superior Court Caption:Motion to approve Grant-Funded Service Agreement for an Accountability Courts Case Manager. (Approved by Public Safety Committee April 25, 2017) Background:Superior Court's Accountability Courts Division is seeking to contract with a case manager to assist with program operations, as outlined in the attached agreement. Analysis: Financial Impact:This contract position is predominately funded by a Criminal Justice Coordinating Council (CJCC) grant. Alternatives: Recommendation:Approve Funds are Available in the Following Accounts: State Adult-Felony Drug Court Grant (Grant # J178004); Org Key 220022631 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo AUGUSTA JUDICIAL CIRCUIT/BURKE COUNTY, COLUMBIA COUNTY, AND RICHMOND COUNTY GEORGIA Augusta Judicial Circuit Accountability Courts James H. Ruffin, Jr. Courthouse 735 James Brown Blvd., Suite 2200 Augusta, GA 30901 James G. Blanchard, Jr. SUPERIOR COURT JUDGE Elaina Ashley, Coordinator (706) 823-4424 AGREEMENT THIS AGREEMENT is effective as of the 1st day of June , 2017, by and between AUGUSTA- RICHMOND COUNTY, a political subdivision of the State of Georgia, acting by and through its governing authority, the Augusta-Richmond County Board of Commissioners (“County”) in conjunction with the Augusta Judicial Circuit Accountability Courts (Adult Felony Drug, Mental Health, and Veterans Treatment Courts) and Everett L. Cooper (herein “Contractor” or “ Case Manager”), collectively referred to as the “Parties.” WHEREAS, the County and the Augusta Judicial Circuit Accountability Courts desire to obtain a Contractor to provide services generally described as case management services (the “Work”); and WHEREAS, the County finds that specialized knowledge, skills, and training are necessary to perform the Work contemplated under this Agreement; and WHEREAS, the Contractor has represented that s/he is qualified by training and experience to perform the Work; and, WHEREAS, the Contractor has agreed to provide such services as outlined in this agreement; and, WHEREAS, the public interest will be served by this Agreement; and, NOW, THEREFORE, the Parties hereby do mutually agree as follows: I.SCOPE OF SERVICES AND TERMINATION DATE A.Project Description The project is described as "case management services." B.The Work The Work to be completed under this Agreement (the “Work”) consists of the following: The Contractor shall perform the following services for those adult offenders referred to the Augusta Judicial Circuit Accountability Courts (referred to herein as “Superior Court” or “Court”). a.Case Management Services. The Contractor shall provide the following services: Monitor participants placed in the Accountability Courts by Superior Court, and advise participants of program requirements/conditions; conduct visual observations for participants, confirm participants' residential addresses, employment or other situations. 1.Case management planning follows individuals from assessment and systematically addresses core risk factors associated with treatment as well as link participants with the appropriate level of treatment deemed necessary. This Agreement constitutes the entire understanding between the Augusta Judicial Circuit Accountability Courts and Everett __________________ L. Cooper for the services of case management and shall not be modified or altered in any way without the express written agreement of all parties. WITNESSETH THAT: 2.Contractor will collect urine/saliva samples for the specific purpose of drug testing, administer such drug tests, and report results to the Accountability Courts Coordinator. 3.Contractor will report violations and cases of compliance/non-compliance to the Court, establish, update, manage (research and update records as needed) case files, and enter case information into computerized case management system. 4.Contractor will attend court sessions and other relevant hearings and testify at such court hearings regarding participant violations, program policies and procedures, and/or other issues, as necessary. 5.Contractor will connect participants to ancillary services and assist with programmatic needs. 6.Contractor will submit summaries regarding participant progress to the Accountability Courts Coordinator by specified deadlines. b.Communication. The Contractor shall utilize the Accountability Courts Coordinator as the centralized clearinghouse of information/communications. a.The Contractor shall deliver weekly, written participant reports to the Coordinator. 1.Participant reports shall consist of general details as to the participants who received case management services for the week, their compliance and/or non-compliance with case management requests, and their program status. A reporting form will be provided by the Superior Court. a.The Contractor shall meet weekly (and/or at such dates/times deemed necessary by the Coordinator and/or Contractor) with the Coordinator so that there may be a "briefing" (or information gathering session) as to the participants who received (and/or are to receive) treatment services for that week. b.In the event that the Contractor determines that a participant needs case management/ancillary services, the Contractor shall provide case management referrals for ancillary services to the participant with notification given to the Coordinator. c.Trainings and Court Sessions. The Contractor will not charge the Court additional fees for his/her personnel to attend any court-sanctioned trainings, conferences, programs, or court sessions. Such attendance is covered by the overall scope of services of treatment. C.Schedule, Completion Date, and Term of Agreement II.WORK CHANGES A.The Circuit reserves the right to order changes in the Work to be performed under exhibit “A” by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Contractor and the Circuit. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. The parties will negotiate to reach an agreement. If an agreement cannot be reached, the original contract scope of work stands. B.Any Work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the County and the Contractor. C.The Superior Court Judge assigned to the Accountability Courts, or his/her designee, has authority to execute without further action of the Augusta Judicial Circuit, any change orders to be agreed Contractor warrants and represents that it will perform its services in a prompt and timely manner, which shall not impose delays on the progress of the Work. This Agreement shall, after signature of both parties, begin on _____________ June 01, 2017 and end on May 31, 2018. This contract may be renewed by the parties for up to four (4) additional one year periods. In the event of termination of this Agreement by Contractor or by the Court, the Contractor shall be entitled to receive payment only for work actually performed prior to termination. upon by the Contractor as stated above so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement, as set forth in Section III below. III.COMPENSATION AND METHOD OF PAYMENT A.Case Management Services The Contractor shall be compensated in the amount of $20.00 per hour, with maximum compensation not to exceed $1,500.00 bi-monthly or $39,000.00 annually. The contractor must meet the educational, certification, and job description requirements listed in this document. Compensation is specifically for case management services provided for the Accountability Courts' programs. Continued funding is dependent on continuation of grant funds. B.Prompt Payment Act The terms of this agreement supersede any and all provisions of the Georgia Prompt Payment Act. IV.COVENANT OF CONTRACTOR A.Expertise of Contractor Contractor accepts the relationship of trust and confidence established between s/he and the Court, recognizing that the Court’s intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and skill and judgment to provide the described services in pursuit of timely and competent completion of the Work undertaken by the Contractor under this Agreement. B.Circuit's Reliance on the Work The Contractor acknowledges and agrees that the Court does not undertake to approve or pass upon matters of expertise of the Contractor and, therefore, the Court bears no responsibility for the Contractor’s services performed under this Agreement. C.Assignment of Agreement The Contractor agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without prior express, written consent of the Circuit. As to any approved subcontractors, the Contractor shall be solely responsible for reimbursing them and the Circuit shall have no obligation to them. D.Responsibility of Contractor and Indemnification of Circuit The Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the Circuit, its officers, boards, commissions, elected officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the Circuit or any of its agents or employees, by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the Circuit, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. F.Independent Contractor Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the services as an independent contractor and not as the agent or employee of the Circuit or the County. The Contractor agrees to be solely responsible for its own matters relating to the time and place the services are performed; the instrumentalities, tools, supplies and/or materials necessary to complete the services; hiring of Contractors, agents or employees to complete the services; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement Any provisions of this Agreement that may appear to give the Circuit the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the Circuit with regard to the results of such services only. G.Records and Reports (1)Records: (a.) Records shall be established and maintained by the Contractor in accordance with requirements prescribed by the Circuit with respect to all matters covered by this Agreement. Except as otherwise authorized, such records shall be maintained for a period of three years from 'the date that final payment is made under this Agreement. Furthermore, records that are the subject of audit findings shall be retained for three years or until such audit findings have been resolved, whichever is later. (b.) All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2)Reports and Information: Upon request, the Contractor shall furnish to the Circuit any and all statements, records, reports, data and information related to matters covered by this Agreement in the form requested by the Circuit. H.Conflicts of Interest Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the Richmond County Code of Ethics. I.Confidentiality Contractor acknowledges that it may receive confidential information of the Circuit and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. The Contractor agrees that confidential information it receives or such reports, information, opinions or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the Circuit. The Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of Circuit information whether specifically deemed confidential or not. (1)The Contractor shall not disclose to anyone or any entity other than the designated Court Staff or other court-approved individuals, any description or information concerning the work produced as a result of this AGREEMENT without written permission of the Superior Court. (2)The Contractor acknowledges that in receiving, storing, processing, sharing, or otherwise using or dealing with any treatment information, the Contractor is bound by all Federal and State laws and regulations that govern and guarantee the treatment rights of individuals receiving substance abuse treatment services. (3)The Contractor shall comply with all confidentiality laws and shall be familiar with the following monograph: Federal Confidentiality Laws and how they affect Mental Health/Drug Court Practitioners, National Mental Health/Drug Court Institute (1999). (4)The Contractor shall comply with all HIPAA and related laws and regulations dealing with releasing and sharing and medical and health care information. The Contactor shall ensure that it and its employees and agents use and disclose "Protected Health Information" of patients (as defined in the Health Insurance Portability and Accountability Act ("HIPAA") privacy roles at 45 C.F.R. § 164.501, et seq.) that The Contractor receives pursuant to this Agreement only to the extent necessary: (i) to perform its specific obligations under this Agreement; and (ii) for its own management and administration and to carry out its legal responsibilities in compliance with 45 C.P.R.§ 164.504(e)(2)(i)(A), (e)(4), and all other current or future applicable laws or regulations. Nothing in this Agreement shall be deemed to authorize The Contractor to use or disclose Protected Health Information in violation of any applicable law or regulation, including but n t limited to HIPAA privacy rules at 45 C.F.R § 164.501, et seq. (5)The Contractor shall obtain appropriate releases/waivers before releasing a participant's treatment information. (6)The Contractor shall make every effort to ensure that confidentiality of participant's identity and information is maintained, inclusive of but not limited to ensuring that the treatment location is secure (and not within the hearing range of outsiders), as well as educating participants about the confidentiality of group/individual treatment sessions. (7)The Contractor shall maintain confidentiality of the Accountability Courts participants separate from information on participants in any of its other programs at all times, regardless of relationship or family involvement among these participants. All confidentiality laws related to obtaining appropriate releases/waivers shall be followed by all concerned parties should information need to be disclosed for treatment purposes. V.TERMINATION A.The Circuit shall have the right to terminate this Agreement for any reason whatsoever by providing written notice thereof at least thirty (30) calendar days in advance of the termination date. The Contractor shall have the same right to terminate this Agreement. B.The Circuit shall also have the right to terminate this Agreement or any services noted herein for cause or other performance defect with thirty (30) days written notice to the Contractor. The Circuit shall also have the right to terminate this Agreement or any services noted herein without cause should budgeted and/or grant funds not be available. C.Upon termination, Circuit shall provide for payment to the Contractor for services rendered and expenses incurred prior to the termination date. D.Upon termination, the Contractor shall promptly discontinue all services affected, unless the notice directs otherwise. E.The rights and remedies of the Circuit and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. VI.NO PERSONAL LIABILITY No member, official or employee of the County shall be personally liable to the Contractor or any successor in interest in the event of any default or breach by the County or for any amount which may become due to the Contractor or successor or on any obligation under the terms of this Agreement. Likewise) Contractor's performance of services under this Agreement shall not subject Contractor's individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Contractor or the County, respectively, and not against any employee, officer, director, or elected or appointed official. VII.ENTIRE AGREEMENT This Agreement constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only by a written document signed by representatives of both Parties with appropriate authorization. VIII.WAIVER OF AGREEMENT The County's failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default. IX.SOVEREIGN IMMUNITY Nothing contained in this Agreement shall be construed to be a waiver of the County's sovereign immunity or any individual's qualified good faith or official immunities. [THIS SPACE INTENTIONAL LEFT BLANK] IN WITNESS WHEREOF the County and the Contractor have executed this Agreement effective as of the dare the Chairman executes this Agreement on behalf of the County. CONTRACTOR By: Its: [CORPORATE SEAL] SIGNED, SEALED, AND DELIVERED In the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: RICHMOND COUNTY By: Its: [COUNTY SEAL] SIGNED, SEALED, AND DELIVERED In the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: Commission Meeting Agenda 5/2/2017 2:00 PM Reimbursement Funds Received from Chatham County Department:EMA Department:EMA Caption:Motion to approve reimbursement to Richmond County Board of Education and University Medical Center for shelter operations during the evacuations caused by Hurricane Matthew and authorize the Accounting Department to issue reimbursement checks and authorize the Mayor to execute the appropriate documents. (Approved by Public Safety Committee April 25, 2017) Background:Payment was received from Chatham County, Georgia, by a check in the amount of $464,098.10 made payable to Augusta EMA for the reimbursement to Augusta Medical Center, Richmond County Board of Education, Parks & Recreation, and the Marshal's Department. The check will be submitted to Accounting for processing. Augusta, Georgia Accounting Department needs authorization to issue checks to reimburse University Medical Center in the amount of $16,209.49 and to Richmond County Board of Education in the amount of $411,381.87 as their portion of reimbursement. Augusta, Georgia will keep the remaining funds as reimbursement for their portion of shelter operations during the evacuations caused by Hurricane Matthew. Analysis:University Medical Center is entitled to reimbursement for their portion of shelter operations costs and should be reimbursed in the amount of $16,209.49 and Richmond County Board of Education is entitled to reimbursement for their portion of shelter operations costs and should be reimbursed in the amount of $411,381.87. Accounting cannot issue reimbursement checks to University Medical Center and Richmond County Board of Education without Commission approval. Financial Impact:None to Augusta Georgia as we have received a check from Chatham County to cover reimbursement costs. Cover Memo Alternatives:none Recommendation:To approve the reimbursement to Richmond County Board of Education in the amount of $411,381.87 and University Medical Center in the amount of $ 16,209.49 Funds are Available in the Following Accounts: n/a REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 5/2/2017 2:00 PM Discuss Financial Reporting Requirements to Augusta prior to release of funding to Non-Government Organizations Department:Finance Department:Finance Caption:Motion to approve the recommendation of the Finance Director to require an audit for non-profit organizations receiving more than $20,000 in funding and an independent review from organizations receiving $20,000 or less. (Approved by Finance Committee April 25, 2017) Background:Through its budget process, Augusta allocates funding in varying amounts to provide financial support for specific programs operated by non-profit organizations and agencies outside the control of the Augusta Richmond County Commission. Certain supporting documentation is required from those organizations. One of the items required is the organizations’ latest copy of their audited financial statements. Analysis:Augusta has reviewed its list of required information from these agencies. The size of the appropriations and the total financial resources available to these agencies vary greatly. The Finance Department sent requests to other governments asking for their policies in this area. Seven responses were received. Three have developed or are in the process of developing a competitive scoring process prior to award. All except one required supporting financial statements. An audit by a CPA firm can be cost prohibitive to an agency that would not normally have an audit and could cost more than the amount of Augusta’s appropriation. A review of an organizations’ financial statements is similar to an audit, except that the auditor does not express an opinion. Both an audit and a review require that the CPA be independent and there is some level of assurance that the statements are not materially misstated. This process provides assurance the Augusta's funds are being spent for the intended purpose by the receiving agency. Financial Impact:Cover Memo Alternatives:Leave current requirement in place Recommendation:Continue to require Audited Statements for agencies receiving $20,000 or more, but accept a Review performed by an independent CPA for those agencies appropriated less than $20,000 Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 5/2/2017 2:00 PM Augusta Levee Certification - SA10 Department:Engineering Department:Engineering Caption:Motion to authorize and approve Supplemental Agreement Number Ten (SA10) for the Augusta Levee Certification Project for Cranston Engineering Group, P. C., as requested by AED. SA10 includes: State required Safe Dam Emergency Response Plan & Inspection ($58,600); and USACE Levee noted deficiencies correction action plan including drainage and structural inspections ($177,777). Funds available in Stormwater contractual services budget. (Approved by Engineering Services Committee April 25, 2017) Background:State of Georgia modified its Safe Dam Rule in late 2016 requiring dam inspections and Emergency Action Plans (ERP). State also shifted inspection and ERP responsibility to dam owners. Other associated requirement is that biannual inspections shall be conducted by a professional engineer qualified by state Dam Safety program. Similar emphases is on federally protected levees such as Augusta Levee. The latest Periodic Inspection (PI) report for the Augusta Levee was released in March 2016 by the Corps of Engineers (USACOE) and deficiencies requiring wide range of correction measures to re-establish levee status to “Active”. AED and the COE have been in constant communications developing an acceptable plan of action for bringing the Levee to “Active” status. Noted deficiencies are of two types: Structural Encroachments and Trees. System- Wide Improvement Framework (SWIF) is one of possible option to bringing the levee to “Active Status. Analysis:State is requiring development of ERP plan by July 1, 2017 for Category 1 dams such as Wrightsboro Regional Stormwater Facility Dam and Aumond Lake Dam. Both Dams are at Rae’s Creek. Cranston Engineering Group has state safe dam program qualified engineering on staff, and also the firm has extensive structural and performance familiarity with Augusta’s flood control structures. Supplementing current contract with Cranston Cover Memo Engineering is cost effective approach to satisfy regulatory requirement in time manner and address levee noted vegetative and structural deficiencies. Also, Cranston past and recent involvement in levee compliance efforts and interaction with the USACE levee staff will be helpful in developing acceptable solution to bringing the levee to “Active Status”. Financial Impact:Funds are available in the stormwater program contract services budget. Alternatives:1). Authorize and approve Supplemental Agreement Number Ten (SA10) for the Augusta Levee Certification Project for Cranston Engineering Group, P. C., as requested by AED. SA10 includes: State required Safe Dam Emergency Response Plan & Inspection ($58,600); and USACE Levee noted deficiencies correction action plan including drainage and structural inspections ($177,777). Funds available in Stormwater contractual services budget. 2). Do not approve and find alternative to complete federal & state mandated flood control structures inspection and maintenance required tasks. Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: stormwater Program Contractual Services Funds REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo AUGUSTA-RICHMOND COUNTY ENGINEERING DEPARTMENT SUPPLEMENTAL AGREEMENT WHEREAS, We, Cranston Engineering Group, PC Consultants entered into a contract with Augusta-Richmond County on February 17, 2009, for engineering design services associated with the Augusta Canal FERC Licensing Process Project, Project No. 324-041110-209824001, 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: Corps of Engineers Response and Coordination Port Royal and Waters Edge Structural Encroachment It is agreed that as a result of the above modification the contract amount is increased by $236,377.00 from $1,277,782.00. to a total of $1,514,159.00. This agreement in no way modifies or changes the original contract of which it becomes a part, except as specifically stated herein. NOW, THEREFORE, Cranston Engineering Group, PC 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. RECOMMEND FOR APPROVAL: CITY OF AUGUSTA-RICHMOND COUNTY AUGUSTA, GEORGIA Hardie Davis, Jr., Mayor Approved: Date Approved: Date [ATTACHED CORPORATE SEAL] [ATTACHED CORPORATE SEAL] ATTEST: ATTEST: Title: Title: Augusta Richmond County Project Number(s): 324-041110-209824001 Supplemental Agreement Number: 10 Purchase Order Number: P162085 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 Augusta-Richmond County, Georgia CHANGE NUMBER FOUR BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the following Capital Project Budget is hereby adopted: Section 1: The project change is authorized to CPB# 324-041110-209824001. This project Supplemental Agreement Number Ten includes: State required Safe Dam Emergency Response Plan & Inspection ($58,600); and USACE Levee noted deficiencies correction action plan including drainage and structural inspections ($177,777). Funds available in Stormwater contractual services budget. Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. SPLOST Lake Aumond Dam 340,975$ Special 1% Sales Tax, Phase IV Recapture 283,495$ Special 1% Sales Tax, Phase IV Contingency 19,895$ Re-Appropriation of Funds 3rd Level Improvements Project 100,000$ Phase IV Recapture 69,140$ Stormwater Utility Funds 58,600$ Stormwater Utility Funds 177,777$ 1,049,882$ Section 3: The following amounts are appropriated for the project: By Basin By District Varies $1,049,882 Varies 1,049,882$ Section 4: 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# 324-04-209824001 CAPITAL PROJECT BUDGET AUGUSTA LEVEE Honorable Hardie Davis, Jr., Mayor Please do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission for execution. For information reference this request, contact Engineering at ext 5070. Thas 1 of 3 9.24.2012 Augusta-Richmond County, Georgia CHANGE NUMBER FOUR CPB# 324-04-209824001 CAPITAL PROJECT BUDGET AUGUSTA LEVEE Augusta-Richmond County, Georgia CHANGE NUMBER FOUR CPB# 324-04-209824001 CAPITAL PROJECT BUDGET AUGUSTA LEVEE CPB AMOUNT ADDITION NEW SOURCE OF FUNDS CPB REQUEST CPB SPLOST PHASE IV 324-041110-5414910-203824088 ($330,000)$0 ($330,000) SPLOST PHASE IV 324-041110-6011110-203824088 ($10,975)$0 ($10,975) SPLOST PHASE IV RECAPTURE 324-041110-207824999 ($372,530)$0 ($372,530) Re-Appropriation of Funds 3rd Level 326-041110-288811014 ($100,000)$0 ($100,000) Stormwater Utility Funds 581-044320 ($58,600)($58,600) Stormwater Utility Funds 581-044320 ($177,777)($177,777) TOTAL SOURCES:($813,505)($236,377)($1,049,882) USE OF FUNDS ENGINEERING 324-04-1110-5212115-209824001 $813,505 $813,505 ENGINEERING 581-04-4320-52.11120 $236,377 $236,377 TOTAL USES:$813,505 $236,377 $1,049,882 3 of 3 9.24.2012 Commission Meeting Agenda 5/2/2017 2:00 PM Furniture Package for 452 Walker Street Department:Utilities Department:Utilities Caption:Motion to approve the contract for the purchase and installation of furniture for 452 Walker Street. (Bid 17-153) (Approved by Engineering Services Committee April 25, 2017) Background:The renovation at 452 Walker Street, formally the AT&T building, is for the purposes of the administrative and customer service offices for both the Augusta Utilities Department and the Augusta Engineering Department. Analysis:Modern Business Solutions was the sole bidder for this project. Their bid was $871,896.45. This original bid was within the budget for the project. Through negotiation, the bid price was lowered to $804,978.32. The Augusta Utilities Department has reviewed the negotiated bid schedule submitted by Modern Business Solutions and finds it to be fair and reasonable. Financial Impact:Funding in the amount of $804,978.32 is available from accounts: 514043490-5423110 / 81500130-5423110, Alternatives:No alternatives are recommended. Recommendation:Augusta Utilities Department recommends the Commission approve the award in the amount of $804,978.32. Funds are Available in the Following Accounts: Funding in the amount of $804,978.32 is available from accounts: 514043490-5423110 / 81500130-5423110. REVIEWED AND APPROVED BY:Cover Memo Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Invitation to Bid Sealed bids will be received at this office until Thursday, March 16, 2017 @ 11:00 a.m. for furnishing: Bid Item #17-153 Furniture for 425 Walker Street – Augusta Utilities Department Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be examined at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Plans and specifications for the project shall be obtained by all prime, subcontractors and suppliers exclusively from Augusta Blue Print. The fees for the plans and specifications which are non-refundable is $10.00. It is the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate this policy the Owner is providing the opportunity to view plans online (www.augustablue.com) at no charge through Augusta Blue Print (706 722-6488) beginning Thursday, February 2, 2017. Bidders are cautioned that submitting a package without Procurement of a complete set are likely to overlook issues of construction phasing, delivery of goods or services, or coordination with other work that is material to the successful completion of the project. Bidders are cautioned that acquisition of documents through any other source is not advisable. Acquisition of documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. A Mandatory Pre Bid Conference will be held on Tuesday, February 28, 2017 @ 10:00 a.m. in the Procurement Department, 535 Telfair Street, Room 605. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Thursday, March 2, 2017 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. No bids may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. A 10% Bid Bond is required to be submitted along with the bidders’ qualifications; a 100% performance bond and a 100% payment bond will be required for award. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle February 2, 9, 16, 23 2017 Metro Courier February 8, 2017 Commission Meeting Agenda 5/2/2017 2:00 PM Manchester Subdivision Section 7 Dedication Department:Engineering Department:Engineering Caption:Motion to approve the deeds of dedication, maintenance agreements, and road resolutions submitted by the Engineering and Augusta Utilities Departments for Manchester Subdivision, Section Seven. (Approved by Engineering Services Committee April 25, 2017) Background:The final plat for Manchester Subdivision, Section Seven was approved by the Commission on September 20, 2016. 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 these roads 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 deed and maintenance agreement, 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:1. Approve the deeds of dedication, maintenance agreements, and road resolutions submitted by the Engineering and Augusta Cover Memo Utilities Departments for Manchester Subdivision, Section Seven. 2. Do not approve and risk litigation. Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 5/2/2017 2:00 PM Motion to Approve Mobilitie, LLC’s Formal Registration Application to Access the Public Right of Way within Augusta, Georgia for the Provisions of Telecommunications Services as a State-Certified Utility. Department:Law Department:Law Caption:Motion to approve Mobilitie, LLC’s Formal Registration Application to Access the Public Right of Way within Augusta, Georgia for the Provisions of Telecommunications Services as a State-Certified Utility. (Approved by Engineering Services Committee April 25, 2017) Background:Mobilitie, LLC’s “Registration Information” has been submitted and is attached, along with a letter of its statement of purpose and functions. Analysis:The Official Code of Georgia Annotated, Title 46, Chapter 5, Article 1 regulates the registration information to be furnished to the governing body of the political subdivision of the State of Georgia by providers of telecommunication services as State Certified Utilities in public roads and highways and/or right of ways. Mobilitie, LLC has submitted its initial registration application in accordance with such provisions. In its application, Mobilitie, LLC has provided, among other things, a description of the service area and map, services to be provided, and its affirmative declaration to comply with all applicable laws, ordinances and regulations of Augusta, the State of Georgia and the federal government. Financial Impact:Mobilitie, LLC will pay to Augusta an annual license fee for any new Mobilitie poles or ground mountings and any Communications Facilities initially installed thereon by Mobilitie, $1,350.00 per site, per year, permit, which shall escalate each year by three percent (3%); or for attachments of Communications Facilities to third-party poles, $500.00 per site, per year, per permit. Further, Mobilitie shall pay the City a fee of $500.00 per year for any other carrier that subsequently collocates communications equipment on a new Mobilitie pole or ground mounting beyond the initial installation of Communications Cover Memo Facilities. Said fees are set forth in the attached Master Right of Way License Agreement. Alternatives:Approve or deny request application. Recommendation:Approve Mobilitie, LLC’s application and accept the attached Memorandum of Understanding in accordance with the laws, ordinances and regulations of Augusta, Georgia; State of Georgia; and, the FCC. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo AGENDA ITEM Engineering Services Committee April 25, 2017 Motion to approve Mobilitie, LLC’s Formal Registration Application to access the public right of way within Augusta, Georgia for the provisions of telecommunications services as a State-Certified Utility. Department: Law Caption: Motion to approve Mobilitie, LLC’s Formal Registration Application to access the public right of way within Augusta, Georgia for the provisions of telecommunications services as a State-Certified Utility. Background: Mobilitie, LLC’s “Registration Information” has been submitted and is attached, along with a letter of its statement of purpose and functions. Analysis: The Official Code of Georgia Annotated, Title 46, Chapter 5, Article 1 regulates the registration information to be furnished to the governing body of the political subdivision of the State of Georgia by providers of telecommunication services as State Certified Utilities in public roads and highways and/or right of ways. Mobilitie, LLC has submitted its initial registration application in accordance with such provisions. In its application, Mobilitie, LLC has provided, among other things, a description of the service area and map, services to be provided, and its affirmative declaration to comply with all applicable laws, ordinances and regulations of Augusta, the State of Georgia and the federal government. Financial Impact: Mobilitie, LLC will pay to Augusta an annual license fee for any new Mobilitie poles or ground mountings and any Communications Facilities initially installed thereon by Mobilitie, $1,350.00 per site, per year, permit, which shall escalate each year by three percent (3%); or for attachments of Communications Facilities to third-party poles, $500.00 per site, per year, per permit. Further, Mobilitie shall pay the City a fee of $500.00 per year for any other carrier that subsequently collocates communications equipment on a new Mobilitie pole or ground mounting beyond the initial installation of Communications Facilities. Said fees are set forth in the attached Memorandum of Understanding. Alternatives: Approve or deny request application. Recommendation: Approve Mobilitie, LLC’s application and accept the attached Memorandum of Understanding in accordance with the laws, ordinances and regulations of Augusta, Georgia; State of Georgia; and, the FCC. Funds are Available in Following Accounts: REVIEWED AND APPROVED BY: 1 MASTER RIGHT OF WAY LICENSE AGREEMENT This Master Right of Way Agreement (the “Agreement”) made this 4th of April 2017 (“Effective Date”), between AUGUSTA, GEORGIA, with its principal offices located at 535 Telfair Street, Augusta GA 30901 (hereinafter designated “CITY”) and MOBILITIE, LLC, a Nevada limited liability company with its principal offices located at 2220 University Drive, Newport Beach, CA 92660 (hereinafter designated “MOBILITIE”). CITY and MOBILITIE are at times collectively referred to hereinafter as the “Parties” or individually as a “Party”. WITNESSETH WHEREAS, the CITY desires to promote the health, safety and general welfare of the public by regulating the siting and placement of communications technologies in the public rights of way, including the encouragement of location and collocation of communications technologies on existing structures to the maximum extent possible; and WHEREAS, pursuant to O.C.G.A. 46-5-1 et seq. telephone companies shall comply with all applicable local laws and regulations, including municipal ordinances and regulations, regarding the placement and maintenance of facilities in the public rights of way; and WHEREAS, MOBILITIE desires to install, maintain and operate communications facilities in and/or upon the CITY’s right-of-way (“Right-of-Way”); and WHEREAS, CITY and MOBILITIE desire to enter into this Agreement to define the general terms and conditions which will govern their relationship with respect to particular sites at which CITY may wish to permit MOBILITIE to install, maintain and operate communications facilities as hereinafter set forth; and WHEREAS, CITY and MOBILITIE acknowledge that, subject to CITY’s issuance of Permits (as such term is defined in this Agreement) to MOBILITIE, the Parties will enter into Permit agreements with respect to particular locations or sites which the CITY agrees to license for use. NOW, THEREFORE, in consideration of the mutual covenants contained herein and intending to be legally bound hereby, the Parties hereto agree as follows: 1. PREMISES. Subject to Permit requirements set forth in Paragraph 2 and pursuant to all of the terms and conditions of this Agreement, the CITY agrees to permit MOBILITIE certain space (the “Space”) located on a portion of CITY’s Right-of-Way (the “Property”), for the installation, operation and maintenance of communications facilities. Subject to Permit requirements set forth in Paragraph 2, the CITY shall permit MOBILITIE to place antennas and other associated communications equipment within the CITY’s Right-of-Way, together with such additional space on the Property sufficient for the installation, operation and maintenance of antennas (the “Antenna Space”) and associated communications equipment that are owned by MOBILITIE and/or that are owned by MOBILITIE’S customers and maintained, controlled, and managed by MOBILITIE, whether on existing poles or ground-mounted (collectively, the “Communications Facility(ies)”); together with such additional space on and over the Property 2 for the installation, operation and maintenance of wires, cables, conduits and pipes (the “Cabling Space”) running between and among the Space and Antenna Space and to all necessary electrical and telephone utility sources located on the Property as necessary for the communications equipment; together with the non-exclusive right of ingress and egress from CITY’s Right-of-Way, seven (7) days a week, twenty four (24) hours a day (provided, however, if lane closure is involved, subject to approved Permit or work restrictions due to holidays and storm emergencies), over the Property to and from the Premises (as hereinafter defined) for the purpose of installation, operation and maintenance of the Communications Facility. If no existing location or collocation can accommodate the proposed Communications Facility due to technical or physical circumstances, then, MOBILITIE may request Space for the construction and installation of new poles or ground-mountings. The Space, Antenna Space and Cabling Space are hereinafter collectively referred to as the “Premises” and shall be as described in each Permit to be executed by the Parties. In the event there are not sufficient electric, telephone, cable or fiber utility sources located on the Property, CITY agrees to grant MOBILITIE or the local utility provider the right to install such utilities on, over and/or under the Property necessary for MOBILITIE to operate its Communications Facility, provided that MOBILITIE or such utility provider has applied for and received a Permit in accordance with Paragraph 2 below. The Parties acknowledge that currently-existing policies of CITY, as well as of the Federal Highway Administration, prohibit utility location on fully-controlled-access roads such as the Interstate Highway System. Therefore, this Agreement shall cover only non-controlled-access routes. 2. PERMITS. Prior to commencing any work on the Property or the Premises, MOBILITIE shall have applied for and obtained an approved permit from the City Engineer within CITY’s Engineering Department (hereinafter a “Permit”). The Permit, if granted, will allow MOBILITIE the right to construct its Communications Facility and maintain a service utility line for a maximum distance of fifty-two feet (52’) within the Right-of-Way. Each Permit shall be in accordance with all applicable provisions of the CITY Code as may be amended from time to time and the Utilities Accommodation Policy and Standards Manual (“UAM”) including all references contained therein to codes, rules, regulations, schedules, forms and appendix items, except Appendix B (Permit Forms and supporting Documents), promulgated by the Georgia Department of Transportation, as may be amended from time to time. MOBILITIE will apply for a Permit for each separate site for which MOBILITIE desires to locate a Communications Facility and abide by the terms of that Permit. MOBILITIE shall use the Premises only in accordance with good engineering practices and in compliance with all applicable Federal Communications Commission (“FCC”), Federal, State, and Local laws, regulations and rules. With each permit application, MOBILITIE shall furnish the CITY with detailed construction plans and drawings for each individual Property and Premises, together with necessary maps, indicating specifically the existing poles to be used, the number and character of the attachments to be placed on such poles, equipment necessary for MOBILITIE’s use, replacements of existing pole(s), any new or additional pole(s) which may be required (with specific dimensions and details), and any new installations for transmission conduit, pull boxes, and appurtenances. 3 MOBILITIE must obtain and submit to the CITY a structural engineering study carried out by a qualified structural engineer, showing that the pole(s) is (are) able to support the proposed facilities. If the study finds that any proposed structure is inadequate to support the proposed antenna loads, CITY may decline to permit installation. If the Permit is for construction and installation of new poles or ground-mountings, MOBILITIE must also submit evidence demonstrating the technical or physical circumstances that prevent the location or collocation of its Communications Facilities on existing Premises. Regarding each individual Permit application, if, in the judgment of the CITY, MOBILITIE’s use under the circumstances is undesirable, the CITY shall have the right to reject the Permit application in its reasonable discretion. In any event, within thirty (30) days after the receipt of such application, the CITY shall notify MOBILITIE in writing whether the application is approved or rejected and, in the case of rejection, the reason(s) why the application was rejected. Where an application is rejected and the reasons for rejection are capable of being cured, the CITY shall, if consistent with the procedures set forth in the CITY Code, provide MOBILITIE with a reasonable opportunity to cure the deficiencies in the application without having to re-submit a new application. Each individual Permit may be approved by the City Engineer or his/her designee. In assessing Permit applications for the construction and installation of new poles or ground- mountings, the CITY will consider siting and location, height, setbacks, aesthetics and visibility, environmental standards, safety standards and other relevant factors related to the CITY’S desire to encourage location and collocation and the orderly development of telecommunications infrastructure. In all instances, location and collocation is preferred, followed by concealed or stealth configurations. New poles and ground-mountings should also be consistent with existing infrastructure in the Right-of-Way to the extent possible and should be designed, constructed, and operated to accommodate collocation of communications equipment, including communications equipment of other operators. 3. CITY OPERATION OF TRAFFIC LIGHT SIGNAL OR STREET LIGHT SYSTEM; EMERGENCIES. MOBILITIE acknowledges that the Property, inclusive of the Premises, may be used to provide traffic control and street lighting for the residents of the CITY. The Parties agree that this Agreement does not in any way limit CITY’s right to operate and maintain traffic lights and street lights in the manner that best enables the functioning thereof and protects public safety. In case of an emergency arising from or related to the Communications Facilities (“emergency” being defined for purposes of this Agreement as an event which the CITY determines as posing an immediate threat of substantial harm or damage to the health, safety and welfare of the public and/or the Property and/or Premises), CITY shall have the right to act as necessary to protect the public health and safety of its citizens, and to protect public and private property. CITY will make every reasonable effort to coordinate its emergency response with MOBILITIE, provided, however, that where CITY requires emergency access to the Property and Premises, CITY shall contact MOBILITIE promptly and in no event later than twenty-four (24) hours after such access. During the course of said emergency, CITY may, in its reasonable discretion, remove the Communications Facilities, provided, however, that such removal, where possible, be performed only by qualified personnel. MOBILITIE shall be responsible for the costs arising out of such 4 removal, unless the emergency that caused the removal was the result of the acts or omissions of the CITY or a third party. CITY shall give MOBILITIE notice of said removal as soon as practicable under the circumstances, and shall work in cooperation with MOBILITIE to restore the removed Communications Facilities expeditiously. 4. TERM; FEES. This Agreement shall be for a term of twenty-five years (the “Term”) commencing upon the execution hereof by both Parties. Either Party may seek renewal of this Agreement by providing written notice to the other Party no less than six (6) months prior to expiration of the Term. Any renewal of this Agreement shall be on such terms as the Parties may mutually agree upon in writing. Each Permit shall have an initial term of five (5) years and said term shall commence upon execution of said Permit by both Parties (the “Commencement Date”). The Annual License Fee (as defined in Paragraph 5 hereunder) for all facilities installed pursuant to said Permit will commence and be due on the first day of the month following installation (the “License Fee Commencement Date”), provided, however, that the initial Annual License Fee payment for each Permit shall be made thirty (30) days after the License Fee Commencement Date. Thereafter, on each annual anniversary of the License Fee Commencement Date, MOBILITIE shall pay the Annual License Fee. The Annual License Fee shall be paid to the CITY in accordance with Paragraphs 5 and 16 below. CITY and MOBILITIE agree that they shall acknowledge, in writing, the License Fee Commencement Date of each Permit. 5. CONSIDERATION. MOBILITIE shall pay to the CITY a license fee (“Annual License Fee”), which under this Agreement shall be as follows: (i) for new MOBILITIE poles or ground mountings and any Communications Facilities initially installed thereon by MOBILITIE, $1,350.00 per site, per year, per Permit, which shall escalate each year by three percent (3%); (ii) for attachments of Communications Facilities to third-party poles, $500.00 per site, per year, per Permit. Further, MOBILITIE shall pay to the CITY a fee of $500.00 per year for any other carrier that subsequently collocates communications equipment on a new MOBILITIE pole or ground mounting beyond the initial installation of Communications Facilities thereon (the “Rental Fee”). Any payment not made within thirty (30) days from the due date shall bear interest at the rate of 1.5% per month until paid, or if 1.5% exceeds the maximum rate allowed by law, then at the maximum rate allowed by law. The Parties agree that they will renegotiate the Annual License Fee and the Rental Fee by the date that is ten (10) years from the date of this Agreement (the “Renegotiation Deadline”), and that should the Parties fail to successfully renegotiate the Annual License Fee or the Rental Fee by the Renegotiation Deadline, either Party may elect to terminate this Agreement upon sixty (60) days’ notice to the other Party. 6. EXTENSIONS. So long as the Term is still in effect, each Permit shall automatically be extended for four (4) additional five (5) year terms unless terminated by MOBILITIE via written notice of the intent to terminate at least thirty (30) days prior to the end of the then-current term. Notwithstanding anything herein, after the expiration of this Agreement, its terms and conditions shall survive and govern with respect to any remaining Permit in effect until the expiration of its then-current term, or until termination. 5 7. USE; GOVERNMENTAL APPROVALS. MOBILITIE shall use the Premises for the purpose of constructing, maintaining, repairing and operating a Communications Facility and uses incidental thereto as set forth in the Permit. MOBILITIE shall have the right to replace, repair, add or otherwise modify the utilities, equipment, antennas and/or conduits or any portion thereof and the frequencies over which the equipment operates, whether the equipment, antennas, conduits or frequencies are specified or not on any exhibit attached to a Permit, during the Term as per the permitting procedures in the UAM, applicable CITY Code, and state and federal law, provided, however, that modifications shall not be subject to additional permitting to the extent that (i) such modification to the attachment involves only substitution of internal components, and does not result in any change to the external appearance, dimensions, or weight of the attachment, as approved by the CITY; or (ii) such modification involves replacement of the attachment with an attachment that is the same, or smaller in weight and dimensions as the approved attachment. It is understood and agreed that MOBILITIE’s ability to use the Premises is contingent upon its obtaining, after the execution date of each Permit, all of the certificates, permits and other approvals (collectively the “Governmental Approvals”) that may be required by any Federal, State or Local authorities as well as, where applicable, a satisfactory building structural analysis which will permit MOBILITIE use of the Premises as set forth above. CITY shall cooperate with MOBILITIE in its effort to obtain such approvals and, except as otherwise provided in Paragraph 2 of this Agreement, shall take no action which would adversely affect the status of the Property or the Premises with respect to the proposed use thereof by MOBILITIE. In the event that (i) any applications for any Governmental Approvals should be finally rejected; (ii) any such Governmental Approval issued to MOBILITIE is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority; and (iii) MOBILITIE determines that such Governmental Approvals may not be obtained in a timely manner, MOBILITIE shall have the right to terminate the applicable Permit. Notice of MOBILITIE’s exercise of its right to terminate shall be given to CITY in accordance with the notice provisions set forth in Paragraph 16 and shall be effective upon the mailing of such notice by MOBILITIE, or upon such later date as designated by MOBILITIE. All fees paid to said termination date shall be retained by CITY. Upon such termination, the applicable Permit shall be of no further force or effect except to the extent of the representations, warranties and indemnities made by each Party to the other thereunder. Otherwise, MOBILITIE shall have no further obligations for the payment of fees to CITY for the terminated Permit. 8. INDEMNIFICATION. MOBILITIE shall indemnify and hold CITY harmless against any claim of liability or loss from personal injury or property damage resulting from or arising out of the negligence or willful misconduct of MOBILITIE, its employees, contractors or agents, except to the extent such claims or damages may be due to or caused by the negligence or willful misconduct of CITY, or its employees, contractors or agents. Notwithstanding any other provision of this Agreement, no Party shall be liable in connection with this Agreement or any Permit for consequential, special, indirect, incidental, or punitive damages (including but not limited to lost revenues, loss of equipment, interruption or loss of service, or loss of data) for any cause of action, whether in contract, tort, or otherwise, even if the Party was or should have been aware of the possibility of these damages, whether under theory of contract, tort (including negligence), strict liability, or otherwise. 6 9. INSURANCE. MOBILITIE will maintain commercial general liability insurance with a combined single limit not less than $2,000,000 for injury to or death of one or more persons and damage or destruction to property in any one occurrence. MOBILITIE will include CITY as an additional insured. 10. INTERFERENCE. MOBILITIE agrees to install equipment of the type and frequency which will not cause harmful interference which is measurable in accordance with then-existing industry standards to any equipment of CITY or other permitted users of the Property which existed on the Property prior to the date this Agreement is executed by the Parties. In the event any after-installed Communications Facility causes such interference, and after CITY has notified MOBILITIE in writing of such interference, MOBILITIE will take all commercially reasonable steps necessary to correct and eliminate the interference, including but not limited to, at MOBILITIE’s option, powering down such equipment and later powering up such equipment for intermittent testing. In no event will CITY be entitled to terminate a Permit or relocate the equipment as long as MOBILITIE is making a good faith effort to remedy the interference issue. CITY shall, with reasonable notice to MOBILITIE, be entitled to power down immediately or cause to be powered down the Communications Facility where the interference is with traffic-control devices. CITY shall provide MOBILITIE no less than thirty (30) days of any planned or routine maintenance of traffic control devices located where MOBILITIE has installed its facilities. CITY agrees that any other permitted users of the Property who currently have or in the future take possession of the Property will be permitted to install only such equipment that is of the type and frequency which will not cause harmful interference which is measurable in accordance with then-existing industry standards to the then-existing equipment of MOBILITIE. The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of this Paragraph and therefore, either Party shall have the right to equitable remedies, such as, without limitation, injunctive relief and specific performance. 11. REMOVAL AT END OF TERM; ABANDONMENT OF RIGHT-OF-WAY; RELOCATION. MOBILITIE shall, upon expiration of the Term, or within ninety (90) days after any earlier termination of a Permit, remove its equipment, conduits, fixtures and all personal property and restore the Premises to its original condition, reasonable wear and tear and casualty damage excepted. CITY agrees and acknowledges that the Communications Facilities, conduits, fixtures and personal property shall remain the personal property of MOBILITIE and MOBILITIE shall have the right to remove the same at any time during the Term, whether or not said items are considered fixtures and attachments to real property under applicable laws. The Parties recognize that CITY may hold an easement interest only in certain of its rights-of-way. Upon abandonment by CITY of a highway or section thereof, MOBILITIE may have no rights against the owner of the underlying fee estate to maintain its facilities. MOBILITIE shall have no right to cause CITY to continue to operate the road. In the event, in its sole discretion, CITY determines it is in the public interest to abandon said Right-of-Way, the applicable Permit shall terminate upon sixty (60) days’ notice to MOBILITIE prior to abandonment (or, in the cases of exigency, such notice as is reasonable under the circumstances) and no further fees will accrue. 7 If at any time during the period of this Agreement, CITY shall lawfully elect to vacate, relocate, abandon, alter, reconstruct or change the grade of any street, sidewalk, alley or other public way including any related drainage and utility areas, MOBILITIE, upon reasonable notice from CITY, shall remove, relay, and relocate its wires, cables, poles and other fixtures and equipment at its own expense and within reasonable time schedules established by CITY. Should MOBILITIE refuse or fail to remove its equipment as provided for herein within 45 days after written notification, CITY shall have the right to do such or cause it to be done and full cost thereof shall be chargeable to MOBILITIE, or in the alternative, to consider such failure by MOBILITIE to remove its equipment as abandonment of all ownership rights in said property. In the event MOBILITIE must remove or relocate its equipment pursuant to the terms of this Section 11, CITY shall cooperate with MOBILITIE in its reasonable efforts to identify an alternative site for MOBILITIE’s use and will make a reasonable attempt to coordinate relocation in order to minimize any service disruption. 12. RIGHTS UPON SALE. Except as provided in Paragraph 11 above regarding abandonment, should CITY, at any time during the Term of any Permit decide (i) to sell or transfer all or any part of the Property to a purchaser other than MOBILITIE , or (ii) to grant to a third party by easement or other legal instrument an interest in and to that portion of the Property occupied by MOBILITIE, or a larger portion thereof, for the purpose of operating and maintaining Communications Facilities or the management thereof, such sale or transfer, or grant of an easement or interest therein shall be under and subject to the Permit and any such purchaser, transferee or grantee shall recognize MOBILITIE’S rights hereunder and under the terms of the Permit. In the event that CITY completes any such sale, transfer, or grant described in this Paragraph without executing an assignment of the Permit whereby the third party agrees in writing to assume all obligations of CITY under the Permit, then CITY shall not be released from its obligations to MOBILITIE under the Permit, and MOBILITIE shall have the right to look to CITY and the third party for the full performance of the Permit. 13. MOBILITIE’S RIGHT OF TERMINATION. Notwithstanding any other provision of this Agreement, MOBILITIE may, in its sole discretion, terminate any Permit on thirty (30) days’ notice to the CITY at any time without any further liability for any Annual License Fees attributable to said Permit, so long as MOBILITIE is not in default with respect to said Permit. 14. GOVERNING LAW AND VENUE. This Agreement is a Georgia agreement made under the laws of the State. It will be enforced according to Georgia law without regard to its conflict of laws rules or any other rules directing referral to foreign law or forums. Each Party hereby agrees to execute an acknowledgment of service of process at the request of the other Party in any litigation related to this Agreement. In the event that a Party does not provide an acknowledgment of service as agreed, each Party consents to service of process at that Party’s address as set forth in Paragraph 16 (Notices). It is further agreed that in the event any court action is brought directly or indirectly by reason of this Agreement, the courts of Augusta- Richmond County shall have jurisdiction over the dispute and venue shall be in such County. 15. ASSIGNMENT. This Agreement, and each Permit under it, may be sold, assigned or transferred by MOBILITIE without any approval or consent of the CITY to any parent, subsidiary, affiliate, or any person, firm or corporation that shall control, be under the control of, or be under 8 common control with MOBILITIE, or to any entity into which MOBILITIE may be merged or consolidated or which purchases substantially all of the assets of MOBILITIE that are subject to this Agreement. As to other parties, this Agreement and each Permit may not be sold, assigned or transferred without the written consent of the CITY, which such consent will not be unreasonably withheld, delayed or conditioned. No change of stock ownership, partnership interest or control of MOBILITIE or transfer upon partnership or corporate dissolution of MOBILITIE shall constitute a sale, assignment, or transfer hereunder. Notwithstanding the foregoing, MOBILITIE may provide capacity across the Communications Facilities to a third party without the consent required under this paragraph, so long as MOBILITIE retains control over and remains solely responsible for such Communications Facilities. The use of the Communications Facilities by third parties (including, but not limited to, leases of dark fiber) that involves no additional attachment is not considered a sublicense to a third party subject to the provisions of this paragraph. MOBILITIE shall provide written notice of all sales, assignments or transfers within 60 days thereof. 16. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier’s regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier’s receipt from the sender, addressed as follows (or any other address that the Party to be notified may have designated to the sender by like notice): CITY Attn: Mayor City of Augusta 535 Telfair Street, 2nd Floor Augusta, GA 30901 With Copy to: Director, Augusta Engineering Department 535 Telfair Street, Building 4000 Augusta, GA 30901 MOBILITIE: Attn: Legal Department MOBILITIE, LLC 2220 University Drive Newport Beach, CA 92660 Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. 17. DEFAULT. In the event there is a breach by a Party with respect to any of the provisions of this Agreement or its obligations hereunder, the non-breaching Party shall give the breaching Party written notice of such breach. After receipt of such written notice, the breaching Party shall have thirty (30) days in which to cure any breach, provided the breaching Party shall have such extended period as may be required beyond the thirty (30) days if the breaching Party commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. The non-breaching Party may not maintain any action or effect 9 any remedies for default against the breaching Party unless and until the breaching Party has failed to cure the breach within the time periods provided in this Paragraph. 18. REMEDIES. In the event of a default by either Party with respect to a material provision of this Agreement, without limiting the non-defaulting Party in the exercise of any right or remedy which the non-defaulting Party may have by reason of such default, the non-defaulting Party may, after fifteen (15) days written notice and an additional fifteen (15) days to cure such default, terminate the applicable Permit and/or pursue any remedy now or hereafter available to the non-defaulting Party under the laws or judicial decisions of the State of Georgia. Further, upon a default, the non-defaulting Party may at its option (but without obligation to do so), perform the defaulting Party’s duty or obligation on the defaulting Party’s behalf, including but not limited to, obtaining of reasonably required insurance policies. The costs and expenses of any such performance by the non-defaulting Party shall be due and payable by the defaulting Party upon invoice therefor. If MOBILITIE undertakes any such performance on CITY’s behalf and CITY does not pay MOBILITIE the full undisputed amount within thirty (30) days of its receipt of an invoice setting forth the amount due, MOBILITIE may offset the full undisputed amount due against all fees due and owing to CITY under the applicable Permit until the full undisputed amount is fully reimbursed to MOBILITIE. 19. ENVIRONMENTAL. Except as permitted by law, neither Party will allow any hazardous substances, including without limitation, any and all pollutants, wastes, flammables, explosives, radioactive materials, hazardous materials, hazardous wastes, hazardous or toxic substances and all other materials defined by or regulated under any Environmental Law, including those defined by the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (“CERCLA”), 42 U.S.C. § 9604, pollutants or contaminants as defined in CERCLA, 42 U.S.C. § 9604(A)(2), or hazardous waste as defined in the Resources Conservation and Recovery Act (“RCRA”), 42 U.S.C. § 6903, or other similar applicable Federal or State laws or regulations, to be generated, released, stored, or deposited over, beneath, or on the Premises or Property or on any structures located on the Premises from any source whatsoever. 20. CASUALTY. In the event of damage by fire or other casualty to the Premises that cannot reasonably be expected to be repaired within thirty (30) days following same or, if the Property is damaged by fire or other casualty so that such damage may reasonably be expected to disrupt MOBILITIE’s operations at the Premises for more than thirty (30) days, then MOBILITIE may, at any time following such fire or other casualty, provided CITY has not completed the restoration required to permit MOBILITIE to resume its operation at the Premises, may terminate the Permit upon fifteen (15) days prior written notice to CITY. Any such notice of termination shall cause the Permit to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of the Permit and the Parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under the Permit. Notwithstanding the foregoing, the Annual License Fee and the Rental Fee shall abate during the period of repair following such fire or other casualty in proportion to the degree to which MOBILITIE’s use of the Premises is impaired. 21. AUTHORIZED ENTITIES. This Agreement is entered into by the Parties each on its own behalf and for the benefit of: (i) any entity in which the Party directly or indirectly holds an 10 equity or similar interest; (ii) any entity which directly or indirectly holds an equity or similar interest in the Party; or (iii) any entity directly or indirectly under common control with the Party. Each Party and each of the entities described above are referred to herein as an “Authorized Entity”. No obligation is incurred or liability accepted by any Authorized Entity until that Authorized Entity enters into a site specific Permit. Only the Party and the Authorized Entity executing a Permit are responsible for the obligations and liabilities related thereto arising under that Permit and this Agreement. All communications and invoices relating to a Permit must be directed to the Authorized Entity signing the Permit. A default by any Authorized Entity will not constitute or serve as a basis for a default by any other Authorized Entity not a party to the applicable Permit. 22. CHANGE OF LAW. If any Federal, State or Local laws or regulations (including binding non-appealable judicial interpretations thereof) that govern any aspect of the rights or obligations of the Parties under this Agreement shall change after the Effective Date and such change makes such rights or obligations in violation with the then-effective law, then the Parties agree to promptly amend, by mutual agreement, the Agreement as reasonably required to comply with any such legal or regulatory change; provided, however, that where such change of law mandates modification of the consideration to be paid pursuant to Paragraph 5 of this Agreement, said change of law shall apply only to Communications Facilities for which Permits are issued on or after the effective date of said change of law. 23. MISCELLANEOUS. This Agreement and the Permits that may be executed from time to time hereunder contain all agreements, promises and understandings between the CITY and MOBILITIE regarding this transaction, and no oral agreement, promises or understandings shall be binding upon either the CITY or MOBILITIE in any dispute, controversy or proceeding. If any part of any provision of this Agreement shall be held to be invalid or unenforceable under applicable law, said part shall be ineffective to the extent of such invalidity or unenforceability only, without in any way affecting the remaining parts of said provision or the remaining provisions of this Agreement. This Agreement may not be amended or varied except in a writing signed by all Parties. This Agreement shall extend to and bind the, successors and assigns hereto. The failure of either Party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights hereunder shall not waive such rights, and such Party shall have the right to enforce such rights at any time. The performance of this Agreement via each Permit shall be governed interpreted, construed and regulated by the laws of the State of Georgia (now and as it may be amended or interpreted in the future), without reference to its conflicts of law principles. This Agreement is subject to all applicable Federal, State and Local laws, and regulations, rulings and orders of governmental agencies. IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective seals the day and year first above written and have caused this Agreement to be executed in separate counterparts, each to be considered an original by their authorized representative. [Remainder of page intentionally left blank; signature page to follow.] 11 WITNESS CITY: AUGUSTA, GEORGIA By: ______ Name: __________________________ Title: __________________________ Date: WITNESS MOBILITIE, LLC By: ______ Name: __________________________ Title: __________________________ Date: Commission Meeting Agenda 5/2/2017 2:00 PM On-Call Concrete Repair, Concrete Construction and Emergency Repair Services, BID ITEM #16-155 Department:Engineering Department:Engineering Caption:Motion to approve $2,300,000 to continue the funding for the current On-Call Concrete Repair, Concrete Construction and Emergency Repair Services Contract to Horizon Construction, J&B Construction & Services, Inc., Quality Storm Water Solutions, Winsay, Inc., Blair Construction, Larry McCord, LLC., and Contract Management, Inc. as requested by AED. (Approved by Engineering Services Committee April 25, 2017) Background:Augusta Commission established Stormwater Utility (SWU) Program effective January 1, 2016. One of the key elements of SWU is establishing proactive infrastructure maintenance program that includes Maintenance of storm conveyance system, restoration of drainage impacted areas and improving local watersheds. On-call services are integral part of SWU Program delivery as determined by AED that supplementing engineering maintenance resources with an on-call services such as Concrete Repair, Concrete Construction and Emergency Repair Services is a practical approach to complete and sustain much needed maintenance services in a timely manner on watershed level. Such services are essential to minimizing public safety risks, damages to public property and associated potential hazard liabilities. Analysis:On August 16, 2016, the Augusta Commission approved the On- Call Concrete Repair, Concrete Construction and Emergency Repair Services Contract to Horizon Construction, J&B Construction & Services, Inc., Quality Storm Water Solutions, Winsay, Inc., Blair Construction, Larry McCord, LLC., and Contract Management, Inc. Additional funds allocation to this contract is needed to help maintain current level of services. Financial Impact:Funds are available in the amount of $2,300,000 in SPLOST VII- Grading & Drainage (Stormwater). Cover Memo Alternatives:1). Approve $2,300,000 to continue the funding for the current On-Call Concrete Repair, Concrete Construction and Emergency Repair Services Contract to Horizon Construction, J&B Construction & Services, Inc., Quality Storm Water Solutions, Winsay, Inc., Blair Construction, Larry McCord, LLC., and Contract Management, Inc. as requested by AED. 2). Do not approve and identify alternate way to provide needed maintenance services. Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: SPLOST VII –Grading & Drainage (Stormwater). REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 5/2/2017 2:00 PM On-Call Pothole Repair, Paving and Emergency Repair Services #16-161 Department:Engineering Department:Engineering Caption:Motion to approve $1,000,000 to continue the funding for the On- Call Pothole Repair, Paving and Emergency Repair Services Contract to Blair Construction, Beam’s Contracting, and Georgia- Carolina Paving as requested by AED. (Approved by Engineering Services Committee April 25, 2017) Background:Effective January 1, 2016, the Augusta Commission authorized a Stormwater Utility (SWU) Program be implemented. One of the key elements of the SWU Program is establishing a proactive Infrastructure Program, that would include repair of roadway storm conveyance systems and restoration of drainage impacted roadways. It was determined by AED to supplement AED’s present infrastructure resources with on-call services such as pothole repairs, paving, and emergency repairs. This additional resource would afford AED a practical approach to completing and sustaining much needed infrastructure services in a timely and efficient manner. Such services are essential to minimizing public safety risks, damages to public property and associated potential hazard liabilities. Analysis:On August 16, 2016, the Augusta Commission approved awarding the On-Call Pothole Repair, Paving and Emergency Repair Services Contract to Blair Construction, Beam’s Contracting, and Georgia-Carolina Paving. Additional funds allocation to this contract is needed to help maintain current level of services. Financial Impact:Funds are available in the amount of $1,000,000 in SPLOST VII- Drainage & Grading (Stormwater). Alternatives:1). Approve $1,000,000 to continue the funding for the On-Call Pothole Repair, Paving and Emergency Repair Services Contract to Blair Construction, Beam’s Contracting, and Georgia-Carolina Paving as requested by AED. 2). Do not approve and identify Cover Memo alternate way to provide needed maintenance services. Recommendation:Approve Alternative Number One Funds are Available in the Following Accounts: SPLOST VII-Drainage & Grading (Stormwater) REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 5/2/2017 2:00 PM Minutes Department: Department: Caption:Motion to approve the minutes of the regular meeting of the Commission held April 18, 2017 and Legal Meeting held April 25, 2017. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Ifi::,r I '^ Commission Meeting Agenda Commission Chamber - 4ll8l20l7 ATTENDANCE: Present: Hons. Davis, Mayor Pro Tem; Sias, Frantom, M. Williams, Fennoy, D. Williams, Hasan and Smith, members of Augusta Richmond County Commission. Absent: Hons. Hardie Davis, Jr., Mayor; Jefferson and Guilfoyle, members of Augusta Richmond County Commission. INVOCATION: Reverend Doctor Gaye Williams Ortiz, Minister, Unitarian Universalist Church of Augusta PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. RECOGNITION(S) American Heart Association. A. Congratulations! Team One Augusta on exceeding its $20,000.00 goal and Item raising over $23,000.00 for the American Heart Association. @equested by the Action:Administrator) None lB ItemAnnrovalsheet.html Motions Y:11"" Motion Textr ype Made By Seconded By Motion Result Recognition of Team One Augusta. Employee of the Month B. Congratulations! Mr. Robert Guy, Maintenance Division, Augusta Parks and Item Recreation April 2017 Employee of the Month. Action: None IB ItemApprovalsheet.html Motions Motion Motion Text Made Seconded Motion Type By By Result Presentation is made to Mr. Robert Guy as the April 2017 Employee of the Month. Richmond County Sheriff s Department C. Congratulations! Sheriff Richard Roundtree & the Richmond County Sheriffs Item Department on achieving "Triple Crown Status" with the National Sheriffs Action: Association. (Requested by commissioner Ben Hasan) None lB ItemApprovalsheet,html Motions Motion;-'--- Motion Textrype Recognition of the Sheriffs Office on achieving "Triple Crown Status" with the National Sheriff s Association. Five ($ minute time limit per deleeation DELEGATIONS D. Dr. Maffhew Hutcherson regarding "Men's Saggy Clothing" lB Dr. l\tatthew Hutcherson.pdf lB ltemAoorovalsheet.html Motions Y:li" Motion rextr ype Made Seconded MotionBy By Result Made Seconded MotionBy By Result Item Action: None Presentation is made by Dr. Hutcherson. CONSENT AGENDA (Items l-41) PLANNING l. Z-17'06 - A request for concurrence with the Augusta Georgia Planning Item Commission to approve a petition by Beacon Blue LLC, on behalf of WR Action:Investors, LLC, requesting a Special Exception to allow Village Green Approved Development per Section l3-15 of the Comprehensive Zoning Ordinance for Augusta, Georgia affecting property containing 2.26 acres and known as 2349 Williams Street. Tax Map 034-4-025-00-0 . DISTRICT 1 B z-t7-06.pdf lB ltemAnnrovalsheet.html Motions [,ol:"Il Motion Text Made Byr ype Motion to ^ aDDrove.APProve vtotion passes 8- 0. Commisioner Sean CommissionerFrantom Sammie sias Passes Seconded By Motion Result Motion Result Passes 2. Z-17-15 - A request for concurrence with the Augusta Georgia Planning Item Commission to approve with the conditions below a petition by Gordon Group Action: Development LLC requesting a change of zoning from Zone R-lD (One-family Approved Residential) to Zone R-3C (Multiple-family Residential affecting property containing approximately 8.11 acres and known as part of 1495 Goshen Road. part of Tax Map 199-0-088-00-0 DISTRICT 8 The private roadway will comply with the specified requirements of Augusta's Street and Road Technical Manual; If a 60' right-of-way is utilized, a minimum 20 foot front setback may be required; The lot configuration must be consistent with the concept plan submitted; Proposed building elevations and materials must be approved by the Planning and Development Department Director or designee. B z-17-l5.odf lB ltemAnnrovrlsheet.html Motions [,oll"Il Motion Text Made By Seconded ByI ype Motion to Aoorove fpprove. Commisioner Sean Commissioner- -rr- - ' - Motion Passes 8- Frantom Sammie Sias 0. PUBLIC SERVICES 3. Motion to approve the National Recreation and Parks Association's (NRPA) Itemgrant for a Nature Discovery Program (Wildlife Explorers) in the amount oi Action: $2,690.75. (Approved by Public Services Committee April ll,20l7) Approved B NRPA GRANT.pdf lB New srant nroposrl and award letter.odf lE ItemAoprovalsheet.html Motions Motion Motion iil Motion Text Made By seconded By Result Motion to a ,.,. approve. Commisioner Sean CommissionerApprove ilotion passes g- Frantom Sammie Sias Passes 0. 4. Motion to approve the Sec. 5307 Augusta Public Transit grant application Item between the Federal Transit Administration (FTA) and Augusta, Georgia. Action: (Approved by Public Services Committee April 11, 2017) Approved B 5307-GR{NT APPLICATIoN 2016-2017-l 3-21-l7.pdf B New Grant Pronosal .odf B ItemApprovelsheet html Motions X:11" Motion Text Made By seconded By Motion t YPe r - -------- -" Result Motion to Approve il|#;"sses 8- Fr"#-*t"ner Sean !"T##'Ji*" passes 0. 5. Motion to approve New Application: A. N. 17-14: request by James R. Key Item for a retail package Beer & Wine License to be used in connection with Fast Action: Gas 2 located at 1342 Gordon Highway. District l. Super District 9. Approved (Approved by Public Services Committee April 11, 2017) lB Fast Gas.odf E ltemApprovalsheet html Motions X:11'" Motion Text Made By Seconded By Motion I YPe -- -- - - r ---"-''-- -r Result Motion to approve. Approve Motion Passes 8- 0. Commisioner Sean CommissionerFrantom Sammie Sias Passes Motion Result Passes Motion Result Passes 6. Motion to approve New Ownership Application: A. N. 17-15: request by Hye Item Ja Lee for a retail package Beer & Wine License to be used in connection with Action: PK Pantry located 2502 Lumpkin Rd. District 6. Super District 10. (Approved Approved by Public Services Committee April ll,2017) IB PK Pantrr'.pdf Motions Motion Motion TextI ype Motion to ^ aDDrove.APProve vtotion Passes 8- 0. Made By Seconded By Commisioner Sean CommissionerFrantom Sammie Sias Commisioner Sean CommissionerFrantom Sammie Sias 7. Motion to approve a request by Melissa Reyes for an Alcohol Special Event Item License for Mi Rancho 2, lnc located at 3064 Washington Road on May 5, Action: 2017. (Parking Lot for Cinco de Mayo). (Approved by Public Services Approved Committee April ll, 2017) E Mi Rancho 2.pdf lB ItemAnorovalsheet.html Motions Motion;::.,".. Motion Text Made By Seconded ByI ype Motion to ^ aDDrove.APProve uotion passes 8- 0. 8. Motion to approve contract amendment between the GDOT and Augusta, GA Item regarding FTA Funding for FY 2017 in the amount of $286,655.40. (Approved Action: by Public Services Committee April ll,20l7\ Approved E Contract Amendment FY 20l7.odf lE ItemAporovalsheet.html Motions Motion; ---- Motion Text Made Bylype Motion to ^ aDDrove.Approve vtotion Passes g- 0. Commissioner PassesJammle Jtas Commisioner Sean Frantom Seconded By Seconded By Motion Result Motion Result 9. Motion to approve the selection of Blanchard and Calhoun Insurance Agency, Item Inc. for the Augusta Regional Airport Insurance Brokerage Services as approved Action: by the Augusta Aviation Commission March 30, 2017. (RFP l7-l4l) Approved (Approved by Public Services Committee Aprilll,2017) E Asenda ltem Backup for lnsurance RFP 03.30.17.odf lB l7-141_Reouest for Prooosal sent to newsnaoer.odf E I7-I4I TAB OFFICIAL.Ddf lB l7 l4l Cumulative Evaluation.pdf lE l7-l4l Deprrtment Recommendation of Awerd.pdf E Process Reearding RFPs.odf lE Mail-List-a nd-Dema ndsta r Plan holders.odf lE ltenAoorovalsheet.html Motions Motion;:"- ".. Motion Text Made Byr ype Motion to ^ aDDrove.APProve vtotion passes 8- 0. Commisioner Sean CommissionerFrantom sammie Sias Passes 10. Motion to approve six-month probation of the Alcohol License, Dance Item License and Business License for Keion S. Taylor, dlblal Last Call Upscale Action: Restaurant & Lounge, l72l Gordon Highway for failure to comply with the Approved Augusta-Richmond County Alcohol Ordinance and Occupation Tax Ordinance and the hiring of two additional officers. (Approved by Public Services Committee April ll, 2017) [B Last Call Revocation Sheriff s Office 20170329.docx E ItemAonrovalsheet.html Motions X:il"Il Motion Text Made By seconded By f.".lillype Motion to, approve. Commisioner CommissionerApprove ilotion passes 8- Sean Frantom Sammie sias Passes 0. 11. Motion to approve an award of bid with Innovative Fitness Solutions for Bid Item Item 17-149, weight room/exercise room fitness equipment. (Approved by Action: Public Services Committee April ll,20l7) Approved E 17 149 Bid Tab Sheet.pdf lB Memo Geri Sams Fitness Eouinment Recommendation 3-21-l7.odf lB ItemAonrovalsheet.html Motions f#:"' Morion Text Made By seconded By f.'rt.lil Motion to Approve ffi5iil,';,,sses 8_ s;#T[f,:r ff#,##'Jl*" passes 0. ADMINISTRATIVE SERVICES 12. Motion to approve subject to holding a 30-day public comment period after Item which the item will be presented to the May l6th Commission meeting for final Action: approval regarding the return of Housing Opportunities for Persons with Aids Approved (HOPWA) funding ($765,176.32) from HopeHealth, Inc. (Approved by Administrative Services Committee April ll, 2017) E HCD-REPTIRPOSE OF-HOPWA FTINDS HODEHCAIIh2.Ddf IE ItemApprovalsheet.html Motions |'#:"' Motion Text Made By seconded By f;Xii . Motion to Commisioner Comm.issioner passesApprove approve. Sean Frantom Sammie Sias t Motion Passes 8- 0. PUBLIC SAFETY 13. Motion to approve the usage of fund balance in fund 212 (State Drug Fund) to Item increase expense # 21203131015311110 in the Nchmond County Sheriffs Action: Office. (Approved by Public Safety Committee April ll,20l7) Approved lB ItemApprovalSheet.html Motions Motion f,, ,. m Motion-^"""" Motion Text Made By Seconded By'I'ype "--- -r Result Motion to a _--^__^ approve. Commisioner CommissionerApprove ilotion passes g- Sean Frantom Sammie Sias Passes 0. 14. Motion to approve a request by the Richmond County Sheriffs Office to Item purchase a Milo Range Theater 180, 3-Screen Immersive Firearms and Force Action: Options Simulator for training use at a cost of $109,880.00. (Approved by Approved Public Safety Committee April ll,2017) lE MILO Ranqe Theater 180 Pronosal Richmond Countv Sheriff s Office 032817.ndf lB NIILO Ranqe Thealer 180 Specs-Richmond Countl Sheriff s Offire.pdf B Sole Source Form.odf E ltemAporovalsheet.html Motions X:t]" Motion Text Made By seconded By Motion I YPe '''--- -r Result Motion to a , approve. Commisioner CommissionerApprove .;I;,-^_---___ - ;-------'-."-^ :"^',.':'";:---- PassesMotion Passes 8- Sean Frantom Sammie Sias 0. FINANCE 15. Motion to approve renewal of annual POL/EPL policy with J. Smith Lanier Item Insurance with annual quote. (Approved by Finance Committee April 11, Action:2017) Approved lEl ItemAnnrovalshcet.html Motions X:jt1'" Motion Text Made By Seconded By MotionType ''---- -'r --------- -J Result Motion to A -^--^--^ approve. Commisioner CommissionerApprove Motion Passes 8- Sean Frantom Sammie Sias Passes 0. 16. Motion to approve a request from the Development Authority of Richmond Item County under TEFRA for approval of AU Medical Center 2017 Series Bonds Action: in a sum not to exceed $75,000,000. (Approved by Finance Committee April Approved llr2017') E Attrchments - AU Medical Center 2017 Series Bonds,odf lB Development Authori8 of Richmond Counh' 4-ll.pdf E ltemApprovalsheet.html Motions f#:'" Motion rext Made By seconded By fffi,' Motion to A _-..^--^ approve. Commisioner CommissionerApprove Motion passes g- Sean Frantom Sammie Sias Passes 0. 17. Motion to approve a request from Huntsman Pigments and Additives for an ltem abatement/refund of interest and penalties on Bill No. 2016304332. (Approved Action: by Finance Committee Aprilll,z0l7) Approved E ItemAnnrovalsheet.html Motions Motion r- ,. _,T!-_-a rr^r_ n_- - Motionifi" Motion Text Made By Seconded By Resutt Motion to Commisioner CommissionerApprove approve. Sean Frantom sj;i;"dil, ' Passes Motion Passes 8- 0. 18. Motion to approve the adjustment of the 2016 Probation Office budget to Item reflect revenue collected and additional expenses incurred and charge to 2016 Action: General Fund Contingency.(Approved by Finance Committee April 11, Approved 2017) B ltemApprovalsheet.html Motions *11"" Morion Text Made Byr ype Motion to ^ aDDrove.APProve vtotion passes 8- 0. Commisioner Commissioner Sean Frantom sammie Sias Passes Seconded By Seconded By Motion Result Motion Result 19. Motion to approve engagement of MAXIMUS to perform indirect cost Item allocation study. (RFP 17-143) (Approved by Finance Committee April 11, Action:2017) Approved B l7-l4J Reauest for Proposal sent to newspaper.ndf B I7-I43TAB.oFFICIAL.Ddf lB 17-143 Cumutetive.pdf B Recommendrtion_Letter from Deoartment.odf E Process Reqarding RFPs.pdf B Pre Proposal Tekphone Conference Sign ln Sheet,pdf lE lllail List and Demandstar Planholders.pdf lE ItemAonrovalsheet.html Motions []j1" Motion Text Made ByI ype Motion to ^ ?DDrOVe.APProve uotion passes 8- 0. Commissioner Commisioner Sammie Sias Sean Frantom Passes 20. Motion to approve a request from the Richmond County Sheriffs Office to Item carry over funds ($35,196.25) obtained from a 2016 sale of a surplus boat to Action: 2017. The agency intends to use this funding to purchase a boat for the agency. Approved (Approved by Finance Committee April 11, 2017) E ltemAonrovalsheet.html Motions X*:'" Motion Text Made By seconded By Motionlype - ---- -J Result Motion to Approve ffi3,"""h"sses 8- f,:TH'i)?'tL, S;#TI'"":,:H passes 0. 21. Motion to approve agreement with Augusta Canal Authority for funding as Item authorized in SPLOST phase 7. (Approved by f inance Committee April 11, Action:2ol7\ Approved [E SPLOST VII Asreement sisned bv DLS.pdf B ItemApprovalsheet.html Motions X:jt1" Motion Text Made By seconded By Motionlype - ------ -r --------- -" Result Motion to approve. Voting No: Approve commissioner commissioner commisioner Ben Hasan. Sammie Sias Sean Frantom Passes Motion Passes 7-1. 22. Motion to approve agreement with Boys and Girls Club of the CSRA, Inc. for Item funding as authorized in SPLOST phase VI. (Approved by Finance Action: Committee April fl,20fi) Approved E Bovs and Girls_Club SPlOST_Vl_asreement.odf lE ItemApprovalsheet.html Motions Hjt1" Motion Text Made By seconded By MotionrYPe ----- -'1 Result Motion to Commisioner Comm.issioner passesApprove approve. Sean Frantom Sammie Sias r Motion Passes 8- 0. ENGINEERING SERVICES 23. Motion to delete the award of the preliminary engineering concept phase of the Item Design Consultant Services Agreement to Wolverton & Associates, Inc., in the Action: amount of $491,688.00 for the 15th Street Pedestrian Improvement Project as Approved requested by the AED. RFQ 16-246 approved March 2gth Commission meeting. (Approved by Engineering Services Committee Apritll,2017) lB lsth Street Pedestrien Improvements Scope of Sen'ices 0J03l7.pdf E cpr J.z.zotz.nor E RFO sent to newsnaper Revised.ndf E t6-240_r,18 oFFICIaL.oar lB 16-246 Cumulative.pdf lB l6-246 Department Recommendation of Award,pdf lE Process Resardins RFOs.odf B Mail List and Demandstar Planholders.ndf lB ItemAoorovalsheet.html Motions Motion Motion TextI ype Motion to ^ dDDrove.APProve vtotion passes 8- 0. Made By Seconded By Motion Result Commisioner Commissioner Sean Frantom Sammie Sias Passes 24. Motion to determine that the alley between Hogan Street and Adrian Street, as Item shown on the affached plat has ceased to be used by the public to the extent that Action: no substantial public purpose is served by it or that its removal from the counfy Approved road system is otherwise in the best public interest, and to receive as information the results of the public hearing held regarding the issue of abandonment pursuant to O.C.G. A. 532-7-2, with the abandoned property to be quit-claimed to the appropriate party(ies), as provided by law and an easement to be retained over the entire abandoned portion for existing or future utilities -as directed by Augusta Engineering Department and Augusta Utilities Department and adopt the attached Resolution. (Approved by Engineering Services Committee April ll,2017) E Abandonment - Allel Hoqan Adrian - 2nd Readinq.docx IB plet - Allev betwee[ Hogan Adrian.pdJ IB Resolution - Allev Between Hosan Adrian.docx E ItemAoorovalsheet.html Motions []ji"tl Motion Text Made By seconded By MotionType Result Motion to a _^_^_-^__^ approve. Commisioner CommissionerApprove vtotion Passes 8- Sean Frantom Sammie Sias rasses 0. 25. Motion to determine that the 0.06 acres adjacent to 1507 Saint Luke Street, as ltem shown on the attached plat has ceased to be used by the public to the extent that Action: no substantial public purpose is served by it or that its removal from the county Approved road system is otherwise in the best public interest, and to receive as information the results of the public hearing held regarding the issue of abandonment pursuant to O.C.G. A. 532-7-2,with the abandoned property to be quit-claimed to the appropriate party(ies), as provided by law and an easement to be retained over the entire abandoned portion for existing or future utilities' as directed by Augusta Engineering Department and Augusta Utilities Department and adopt the attached Resolution. (Approved by Engineering Services Committee April ll,2017) E Abandonment - Arer Adiacent to St Luke Street_-_2nd Readins.docx IB Plat - Area Adiacent to 150? St Luke Street.odf IE Resolution - Area Adiacent to St Luke Street.docx B ItemAonrovalsheet.html Motions []j*1" Motion Text Made By seconded By Motion'l'ype - ----- -'t --------- -J Result Motion to a .^.^--^_-^ approve. Commisioner CommissionerApprove Motion passes g- Sean Frantom sammie Sias Passes 0. 26. Motion to determine that a portion of Heath Street, East of Berckmans Road as Item shown on the attached plat has ceased to be used by the public to the extent that Action: no substantial public purpose is served by it or that its removal from the county Approved road system is otherwise in the best public interest, pursuant to O.C.G.A. $32-7'2, with the abandoned property to be quit-claimed to the appropriate party (ies), as provided by law and an easement to be retained over the entire abandoned portion for existing or future utilities as directed by Augusta Engineering Department and Augusta Utilities Department. (Approved by Engineering Services Committee April ll, 2017) lEt Abandonment - Portion of Heath Street - 2nd Readinp.docx E Plat_-_Portion of Heath Street.pdf lB Resolution - Portion of Heath Street.docx B ItemAoprovalsheet.html Motions [|ii"' Motion Texr Made By Seconded By Htjft'rype Motion to a _^^-^__^ approve. Commisioner CommissionerApprove Motion passes 8- sean Frantom Sammie Sias Passes 0. 27. Motion to determine that Richmond Lane, as shown on the attached plat has Item ceased to be used by the public to the extent that no substantial public purpose Action: is served by it or that its removal from the county road system is otherwise in Approved the best public interest, pursuant to O.C.G.A. 532-7-2, with the abandoned property to be quit-claimed to the appropriate party(ies), as provided by law and an easement to be retained over the entire abandoned portion for existing or future utilities as directed by Augusta Engineering Department and Augusta Utilities Department. (Approved by Engineering Services Committee April tl,20t7) IB Abandonment Richmond Lane - lst Readins.docx B Mrp - Richmond Lane.ndf IE ItemApprovalsheet.html Motions X:^'1"" Motion Text Made By seconded By Motion t YPe '.---- -r Result Motion to Approve illi,l],'r"sses 8- S:#Tl.}f,tH ff,T#,'j'Jl*" passes 0. 28. Motion to approve and authorize implementation of Augusta Engineering Item Department (AED) Reorganization as requested by AED. Funding is available Action: in Engineering SPLOST Admin Funds and Stormwater Utility Services Funds, Approved and no net increase in AED authorized FYlT General Fund budget. (Approved by Engineering Services Committee April 1,1r2017) IE AEDFYIT Reors Fundins 032917.pdf lB AED Reors-Flowchart-o329l7.pdf E ltemAoprovalsheet.html Motions Y::*1'" Motion Text Made By Seconded By Hfflr ype Motion to ^ approve. Commisioner CommissionerApprove ilotion passes 8- Sean Frantom Sammie Sias Passes 0. 29. Motion to approve award ofBid Item 17-148 Deans Bridge Road MSW Item Landfill Phase III-2016 Gas Collection and Control System (GCCS) Expansion Action: to SCS Field Services, the lowest responsive bidder. (Approved by Approved Engineering Services Committee April 11, 2017) E l7-148 tTB to Paper.pdf E I 7-l 48-TAB-offi cirl.odf IB l7-148-Mandrton' Pre-Bid Attendees.pdf E I7-I48 DEPARTMENT-RECoMMENDATION oF AwARD.Ddf IB Ntait Lrbets.pdf B Deans Bridse Rd MS\l' Landfill Phase lll 2016-GCCS Exoansion-SCS-Field-Senices.odf B ltemAoorovalsheet.html Motions Motion Motion- -----.. Motion Text Made By Seconded By Resultr ype Motion to a __..^_-^ approve. Commisioner CommissionerApprove Motion passes 8- sean Frantom Sammie Sias Passes 0. 30. Motion to authorize condemnation to acquire properfy in fee simple interests Item (Parcel 059-2-767-00-0) - 1437 Twiggs Street. (Approved by Engineering Action: Services Committee April ll,20l7) Approved lB Corrdemnation - 1437 Twigss Street.odf B ItemAoorovalSheet.html Motions H3j*1"Il Motion Text Made By seconded By HtJiiI ype Motion to ^ approve. Commisioner CommissionerApprove ilotion passes 8- Sean Frantom Sammie Sias Passes 0. 31. Motion to authorwe condemnation to acquire property in fee simple interests ltem (Parcel 088-l-033-00-0) - 155 Aragon Drive. (Approved by Engineering Action: Services Committee April 1lr2017)Approved IB Condemnetion - I55 Araqon-Drive.odf E IsqpprsyalsIes!@! Motions Y:j*1" Motion Text Made By Seconded By MotionType ''^--- -J Result Motion to a _--..^_-^ approve. Commisioner CommissionerApprove ilotion passes 8- Sean Frantom Sammie Sias Passes 0. 32. Motion to authorize condemnation to acquire property in fee simple interests Item (Parcel 088-3-009-00-0) - 2006 Florida Road. (Approved by Engineering Action: Services Committee April ll,20l7) Approved E Condemnation - 2006 Florida Road.pdf E ltemAoorovalsheet.html Motions X:j1"' Motion Text Made By seconded By Motion'l'YPe ^'---- -J Result Motion to a ___^--^ approve. Commisioner CommissionerApprove Motion passes g- Sean Frantom Sammie Sias Passes 0. 33. Motion to authorue condemnation to acquire property in fee simple interests Item (Parcel 087-4-129-00-0) - 2086 Leona Street. (Approved by Engineering Action: Services Committee April llr20l7) Approved lB Condemnation - 2086 Leona Street.pdf lB ItemAoorovalSheet.html Motions Motion Motion;----- Motion Text Made By Seconded By Resultlype Motion to ^ approve. Commisioner CommissionerApprove ilotion passes 8- Sean Frantom Sammie Sias Passes 0. 34. Motion to authortze condemnation to acquire property in fee simple interests Item (Parcel 033-2-114-00-0) - 2642 Wheeler Road. (Approved by Engineering Action: Services Committee April l1r20l7) Approved lB Condemnation - 2642 Wheeler Road.odf E ltemAnorovalsheet.html Motions X:il'" Motion Text Made By seconded By HJ|Ilype Motion to Approve il3,#;,,sses 8- S;#T[f,:il ff#'#,'j'Jl*" passes 0. 35. Motion to approve change order to American Hydro Corporation (formerly Item WEIR American Hydro) (RFQ Item #13-193) for the Goodrich Street RWPS Action: Improvements CIP Project. (Approved by Engineering Services Committee Approved April ll,2017) B AHC Chanqe Order reouest letter-03092017.pdf @ ItemAonrovalsheet.html Motions Motion rr ,. _- m_ a rr r h ^ Motionirn;- Motion Text Made By Seconded By Result 36. Motion to approve and authorize a contract with Cranston Engineering, the ltem City and the DDA in the amount of $125,680.00 for the design services for Action: Phase II James Brown Streetscape Project. (Approved by Engineering Approved Services Committee April llr2017) Motion to ^ aDDrove.APProve uotion Passes g- 0. Motion to. aDDrove.Approve vtotion Passes g- 0. Commisioner Commissioner Sean Frantom Sammie Sias Passes E 3 l4RFe r7.pdf lE ItemAonrovalsheet.html Motions Motion; - -- Motion Text Made Byrype Seconded By Commissioner Commisioner Marion Williams Sean Frantom Commisioner Commissioner Sean Frantom Sammie Sias Passes Motion Result Motion Result Passes 37. Motion to approve the installation of six Streetlights on Tripps Court at a cost Item of $134.36 per month. This is also to approve a new lighting tax district for the Action: 13 lots associated with the above road. Funding is available in the Street Approved Lighting budget account #2760416105312310. (Approved by Engineering Services Committee April ll,2017) lB ItemAoorovalsheet.html Motions X*i"Il Motion Text Made By Seconded ByI ype Motion to ^ aDDrove.APProve Motion passes 8- 0. PETITIONS AND COMMUNICATIONS 38. Motion to approve the minutes of the regular meeting of the Commission Item held March29,2017 and Legal Meeting held AprillL,2017. Action: Approved lB Resular Commission Meetins l\larch 29 20l7.ndf E Called Commission Meeting Aoril ll 20l7.ndf E ltemAoorovalsheet.html Motions X:il'" Motion Text Made By Seconded By #rtjilI ype , Motion to a _-_---^__^ approve. Commisioner CommissionerApprove ihotion passes 8- Sean Frantom Sammie Sias Passes 0. SUBCOMMITTEE 2017 Internal Audit Schedule 39. Motion to approve proposed 2017 schedule of internal audit tasks to include Item Probation Services and timeline. (Approved by Pension & Audit Committee Action: April 11,2017) Approved IB Coov of 2017 Prooosed Internal Audit Schedule,odf E ItemAoorovalsheet.html Motions f#:"' Motion rext Made By seconded By ffiiil Motion to ^ approve. Commisioner CommissionerApprove Motion passes 8- Sean Frantom Sammie Sias Passes 0. External Auditor 40. Motion to approve the recommendation of the selection committee to award Item the contract to engage firm of Mauldin Jenkins, Certified Public Accountants Action: as external auditors. (Approved by the Pension & Audit Committee April Approved ll,2017) lE l7-157 RFP Information External Auditins.pdf IB RFP l7-157 Recommendetion Ltr. Professional Auditinq Services External Auditirg.pdf B ltemAonrovalsheet,html Motions Motion Motion; "-'"" Motion Text Made By Seconded By ResultI ype Motion to A _-^--^_-^ approve. Commisioner CommissionerApprove vtotion Passes 8- sean Frantom Sammie Sias rasses 0. Internal Auditor 41. Motion to approve the recommendation of the selection committee to award Item the contract to engage firm of Serotta Maddocks Evans, Certified Public Action: Accountants as internal auditors. (Approved by Pension & Audit Committee Approved April Ll,2017\ lB RFP l7-142 Information Internal Auditinq Services.pdf B RFP l7-142 lnternal Auditins Services.pdf lB ItemAonrovalsheet.html Motions l'#:" Motion Text Made By Seconded By [::lil Motion to ^ approve. Commisioner CommissionerApprove ilotion passes 8- sean Frantom sammie Sias Passes 0. ****END CONSENT AGENDA,b*** AUGUSTA COMMISSION 4n8t2017 AUGUSTA COMMISSION REGULAR AGENDA 4n8t2017 (Items 42-48) ADMINISTRATIVE SERVICES 42. Discuss Animal Services Department. (Requested by Commissioner Marion ItemWilliams) Action: Approved IB ItemAoorovalsheet.html Motions Motion Motion-^""'"" Motion Text Made By Seconded By il.;ialype Motion to approve Approve iltr#lf;Jlis item as $",ffi;:ffi:, S:#?l'"T,ffi passes Motion Passes 8-0. 43. Motion to approve request for New Position in the Coroner's Office.(No Item recommendation from Administrative Services by Public Services Action: Committee April Ll,20l7) Approved IB New Position Packet OIfice Of The Coroner.odf IB ZOtz Coroner budget revised .pdf E ItemAoorovalsheet.html Motions Motion Motion:""'".- Motion Text Made By Seconded ByType '.'--- -r Result Motion to a _ _ _- __- approve. Commisioner CommissionerApprove iiotion passes 8- Sean Frantom Sammie Sias Passes 0. 44. Discuss Augusta Law Department. (Requested by Commissioner Marion Item Williams)Action: Approved E ItemAoorovalsheet.html Motions Motion Motion;:_---- Motion Text Made By Seconded By iil;i;I ype Motion to approve Approve receiving this item as Commissioner Commisioner passesinformation. William Fennoy Sean Frantom Motion Passes 8-0. 45. Discuss Central Service (Fleet) Department. (Requested by Commissioner Item Marion Williams) Action: Approved El ItemApprovalsheet.html Motions Motion:"""" Motion Text'l'vne MotionSeconded BY Resutt Motion to approve Approve ffi#lf;Jlisitemas fi:,il,Tffiffi; ff#Tilf,:[ passes Motion Passes 8-0. 46. Motion to approve the request for space from the Secretary of State, Brian Item Kemp, to establish a local regional office within the Municipal Building on the Action: second floor near the Mayor's suite. (No recommendation from Approved Administrative Services Committee April ll, 2017) Made By Made By B SOS Proposal.pdf IB ItemAoorovalsheet.html Defer Motions Motion Type Deny No action Motions Motion Type Seconded Motion By Result Dies for lack of Second Motions f#:"" Motion rext Motion to refer this item back to the committee for Commisioner further discussion and Sean Frantom additional information. Motion Text Made By Motion Text Made By Substitute motion to refer this item to a future committee meeting and to invite Mr. Andrew Turnage from the Seconded By HXil Seconded By Motion Result Motion to deny Commissioner Commissioner the request. William Fennoy Ben Hasan is taken on this motion due to the passage of the substitute motion. Secretary of State's Office to attend and clariff their purposes for the ^ establishment of the office CommissionerL'CICT here. Grady Smith Voting No: Commissioner William Fennoy. Motion Passes 7-1. CommissionerMarion Passes Williams APPOINTMENT(S) 47. Motion to appoint Daniel R. Dunlap, 911 Director, to fill the remainder of the Item unexpired term of Dominick Nutter on the Region VI EMS Council. Action: (ApprovedbyAdministrativeServicesCommitteeAprillL,20lT) Approved E Dunlan-Resume.pdf E ltemAnnrovalShret.html Motions Motion Type Approve Made By Commisioner Sean Frantom Seconded By Commissioner Sammie Sias Motion Result Passes Motion Text Motion to approve. Motion Passes 8- 0. ADDENDUM 48. Recognition of City employees'contributions to the United Way.Item Action: Approved Motions MotionTYPe Motion Text Recognition by the United way. LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. Made By Seconded MotionBy Result C. Personnel. 49. Motion to approve execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Upgorytlng Meelings Item Action: None www.augustaga.qov CALLED MEETING COMMISSION CHAMBER Apil25,20L7 Augusta Richmond County Commission convened at l1:00 a.m., Tuesday, April 25,2077, the Honorable Hardie Davis, Jr., Mayor, presiding. PRESENT: Hons. Jefferson, Guilfoyle, Frantom, M. Williams, Fennoy, D. Williams, Hasan and Smith, members of Augusta Richmond County Commission. ABSENT: Hons. Davis and Sias, members of Augusta Richmond County Commission. Mr. Mayor: The Chair recognizes Attorney MacKenzie. 1. LEGAL MEETING A. Pending and potential litigation B. Real estate C. Personnel Mr. MacKenzie: I would entertain a motion to go into an executive session to discuss pending and potential litigation, real estate and personnel. Mr. Fennoy: So move. Mr. Frantom: Second. Mr. Mayor: Voting. The Clerk: I'm going to need a roll call here. Ms. Davis is absent today. Mr. Fennoy. Mr. Fennoy: Yes. The Clerk: Mr. Frantom. Mr. Frantom: Yes. The Clerk: Mr. Guilfoyle. Mr. Guilfoyle: Yes. The Clerk: Mr. Hasan. Mr. Hasan: Yes. The Clerk: Mr. Jefferson. Mr. Jefferson: Yes. The Clerk: Mr. Sias is absent today. Mr. Smith is absent. Mr. Dennis Williams. Mr. D. Williams: Yes, ma'am. The Clerk: Mr. Marion Williams. Mr. M. Williams: Yes. Mr. Smith out. Motion carries 7-0. Mr. Mayor: Ms. Bonner, we having technical difficulties? The Clerk: No, we're multitasking today. Mr. Mayor: I understand. [LEGAL MEETING] Mr. Mayor: All right, we'll call this meeting back to order. The Chair recognizes Attomey MacKenzie. 2. Motion to approve execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Mr. MacKenzie: Sure. I'll just note there was no discussion relating to real estate. I would entertain a motion to execute the closed meeting affidavit. Mr. M. Williams: So move. Mr. Frantom: Second. Mr. Mayor: Voting. Motion carries 8-0. Mr. Mayor: All right, I don't think there's any other business, Attorney MacKenzie. All right, committee meetings. IMEETING ADJOURNED] Lena J. Bonner Clerk of Commission CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certifu that the above is a true and correct copy of the minutes of the Called Meeting of the Augusta Richmond County Commission held on April 25,2017. Clerk of Commission Commission Meeting Agenda 5/2/2017 2:00 PM Protest Peed Bros. Inc. Department: Department: Caption:Presentation by Ms. Angela Lance, Vice President, Peed Bros., Inc. regarding Bid Protest of Peed Bros. Inc. relative to Bid #17- 147 Deans Bridge Road MSW Landfill Phase 3, State 1, Cell 3 Earthwork Package for ESD. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Ap r, 26, PEED BROS., lNC. "Since 1948" P.O. Box 398, Butler, GA 31006 478-862-5238Office 428-862-5239Fax SHEET April 26,2A17 TO: Ms. Lena Bonner Clerk of Commission City of Augusta, GA FROM: Angela Lance, Vp Peed Bros., lnc. 3 pages including cover sheet Please accept this fax as our official request to appear before the City of Augusta Commission on May Z, ZOL7 , The original letter is being mailed via certified Mail today, No,5892 P. 1 FAX COVER 4 :25P[/t PEED BROS., lNC. "Siruce I94B' P.O. Box 398, Butler, GA 31006 478-862-52s8 offic€ 478-862-5239 Fax , Aprtl26,20l7 Ms. Lena Bonner Clerk of Commission City of Augusta, Georgia 535 Telfair St., Ste. 220 Augusta, GA 30901 Re: Bid #17-147,Deans Bridge Road MSW Landfill phase 3, stage l, cell 3 Earthwo'k Package for Environmental Services Department Dear Ms. Bonner: On Tuesday, April 25,20L7, Teresa Peed, Vice President of Peed Bros., Inc. and myself, appealed beforp the Administrative Services Committee to present our position and request thatthe Motion to deny the Protest of Peed Bros,, Inc. regardinj uia il7-147 Deans Bridge RoadMSW Landfill Phase 3, Stage l, Cell 3 Earthwork Package for Envjronmental ServicesDepartment be voted down so that Peed Bros., Inc. could be awarded the contr.act for this project. Peed Bros., Inc. failed to acknowledge Addendum 2 in the actual bid package. However,as addressed to the committee, this was a clerical error that did not affect our bid amount. Ms' Sams stated that it was apparent that since our price was considerably lowei., we didnot rcceive Addendum 2 atdthetefore did not include the changes in our biA. firis is ce'tainlynot the case' The Addendum was sent Certified Mail and with Return Receipt which means thatthe Procuttment Department has proof that they received eviderrce that the i.ddendum wasreceived by Peed Bros., Inc. Ms. Sams also stated that it was her belief that we could not do the project withoutrcquesting change otders' Orrce the contract is signed we would be under contr.act to cornpletethe job unless the scope of w_ork changes, If that happeus, a change or-der would be needed, Yii would be the case with whoever was awalded the contract aud holds rro bearing on thislssue. No.5992 P, 2 Apr,26. 2011 4:25Pttt Vice President d Bros., Inc. Ms. Geri A. Sarns, ProcurenrentDireotor Ms. Janice Allen Jackson, Administrator IvIr', Louis C. Brazzell, Deputy Administr.ator. Mr. Mark Johnson, Director, Environmontal Servicds Mr. Andrew Mackenzie, General Counsel Mr, Kenneth Bray, City Attorney No,5892 P, 3 We understand that the Procurement Depafiment is following theil procedure in thismatter' However, we believe flrat the full Corumission for the City Jf Augusta, should take alook at the financial impact on rejecting our bid and awarding it to the neit bidder. The ciry ofAugusta would spend an additional $1.3 million if this project is awarded to the next bidder. Section 00100-5, I '08 item A stiates, "The owner may consider a minor irregularity anyBid not prepared and submitted in accordance with the provisions hereof and may waive anyminor iuegulattties or reject any and all Bids.', . As we explained to Ms. Sams after the committee meeting yesterday, we have reviewedour prtoing and stand by our numbers. We are familiar with the otlrr. "o*panies, .On anotherday, the table might have been tui:ned with one of them being extremely low andwJ;fi;;"beenhigh' We see this quite often. Severul factors make up pricing a project. As we explained ' to Ms' Sams, we bid to get this project, because it was .o*ing at a good timc for us. Anotherfactor is that we received a quote fi'om a local business whiclr-was Jonsiderably higher than wecould get oul usual subcontractor to do the wolk. If the other contractors usedthis"pric;i* il",to meet the local business percentage; it could be one of the factors why they were considerablyhigher. As outlirred in Section 1-10-88, Administrativo Services Committee heuingproiedures andeffect of failure to appear at hearing, section (C), Peed Bros., Inc. request thalt we be allowed toaPpeu before thE entire City of Augusta Conrmission to explain our'reqrert to be awarded thiscontract. otherv'/ise prohibited frorn disclosure or required to be vrithheld by law or regulation. Persons who wish to keep such information submitted by them confidential should sorequest by specifically identifying such information within documents submitted, andindicating on the front page of each documenl lhat it contains such information. Sec. 1-10-83. Decision by the procurement Director Time for Decisions. A written decision on a protest shall be made by the procuremenl Directorwithin ten {1-0) business days after receiving all relevant, requested information. lf a prolest issustained, the Procurement Director may determine that the solicitation or award violates thelaw; or may make a determination that the solicitation should be cancelled in order lo comply vrith the applicable law. Sec. 1-10-84. Appeals. Appeal of a decision of the Procurement Director may be requested by the protestor or any department involved in the protest. The appeal shall contain a detailed statement of the factual and legal grounds upon which reversal or modification is deemed warranted. Sec. 1-10-85. Time for filing appeat. Appeals of a decision of the Procurement Director shall be filed in the Procurement Departrnent not later than five {5) business days after receipt of such decision. Sec. 1-10-86. Request for hearing and effect of untimely appeal. A contractor or prospective contractor that has been notified of a denial of its protest action rnay request in writing an appeal to the Augusta, Georgia Commission. All appeals must be received by the Procurement Department within five (5) business days. Appeals filed after the five (5| day period shall not be considered and are deemed a faiture on the part of the protestor to exhaust administrative remedies. Where no appeal (or an untimely appeal) is filed, the Procurement Director's decision is considered final and the anrard shall proceed. Sec. 1-10-87. Notice ol hearing. lf a tirnely appeal is filed by the protestor, the Procurement Director shall place the protest on the agenda of the Administrative Services Committee. The Clerk of Commission's Office shall provide public notice of the Administrative Services Committee agenda as required by law. ln addition, the protestor shall be sent written notice of rhe time and place of the hearing. Copies of such notice shail be sent to the Augusta, Georgia General Counsel and the Department Director of the appropriate user department. Sec. 1-10-88. Administrative Services Committee hearing procedures and effect ol failure to appear at hearing. Page 56 of96 Protests appearing on the Administrative Services Committee shall be treated as anyother Committee agenda item, except that the protestor, or his or her representative, shall have the right to address the Committee and to present evidence in support of theprotest for a maximum of ten (10) minutes. The Procurement Director and userdepartment, or their representative, shall also have the opportunity to present evidencerelating to the protest for a maximum of ten (10) minutes. The Chairman of theAdministrative Services Committee may grant additional time equally to each party athis or her discretion. After considering the evidence presented, the Administrative Services Committee shall make a recommendation to grant or deny the protest, or to send the item to the full Augusta, Georgia Commission without recommendation. Regardless of the action takenby the Committee, the protest shall be forwarded to the full Commission agenda for afinal decision. The Clerk of Comrnission shall make an audio recording of ih. prot.rt hearing and shall make such recording available to Commissioners within two (2) business days following the hearing. ,Ptoscadrtr,e. to Speaft to fufl Cfi]mission Regardinc,,protesL A.,fr,stestor seeking to gpaa*,to the fult Commlsskin ragardftigtis or.hi#protesfmust sub,mitr:t,.reguest:inwritin*:hcliding,his/fier addressand the name of the procunemcnt lrotested,rto':f e.trf$5ff ,m; on.the,Wtdn€rilay:prcccdlngthernelrtrguhrly Shedul$..Commb&iii,rndltlng:that,follow$,dre.-e{rninistrrttr6' Sarvkg,eomitUee rrgtfst.hearin&rtruch reqqs$dt.te provldedto the Clcrk of Commission with a copy:ts:.b€',gfavided to:ttd,'--pad(i(iia6eht"Dlresior; trllficn theprotrst ts,hcard uv ttre Comqrission, the protestor ald the Procurement Director shatl each narrc Rvl (sl ff6#ftlffi*i,fu , summarl ' ttiBrittiitftGnts:.eitd i,'Grrrdrnee. presemad, to-, tha : tivetb' mmitlegi,' 166' Mll"nod holdi nety frearlng and rglf not assepth'eiiaj ce. ,tffie.,ftotcst0f:liati'not mlde.,*.Urn€ly,requa$ to .ddrcti the full,,Sthinisgbn, the:GemnilrilC.rllnrU,.'ar.its dbq:tlon, dlsporeaf,the=agerda tq1l via the Comant.Agenda. Effea of Failure to Appear at Hearing. Failure on the part of the protestor to appear before either the Administrative Services Committee or the full Augusta, Georgia Commission is considered an abandonment of their right to appeatand a failure on thepart of the protestor to exhaust adminlstrative remedtes. The Procurement Director,s decision is considered final and the award shall proceed accordingly. However, the Chairman of the Administrative Services Committee or the Mayor may, at his or her discretion, Srant the Protestor one continuance to the next regularly scheduled Committee or Commission Meeting. Such continuance may onty be granted during theCommittee or Commission meeting and shatl be recorded on the minutes of such meeting. Sec. 1-10-89. Authority of Administrator to participate in procurement matters. (a) (b) /, (d) Page 57 of96 Commission Meeting Agenda 5/2/2017 2:00 PM Discard PPPM Department: Department: Caption:Discuss scrapping the PPPM and the proposed policy letters and allow every employee charged with a disciplinary violation the opportunity to have Commissioners friendly to present their case and/or organization present it for adjudication by the commission. This opportunity should not be available just to the politically connected, but all employees. (Requested by Commissioner Sammie Sias) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Lena Bonner From: Sent: To: Cc: Subject: Ms Bonner Commissioner Sammie Sias Thursday, April27,20l-7 8:52 AM Lena Bonner Nancy Morawski PPPM/Policy Letters Please place this item on the Commission agenda for 2 May 2OL7 Discuss scraping the PPPM and the proposed policy letters and allow every employee charged with with a disciplinary violation the opportunity have Commissioners friendly to their case or organization present it for adjudication by the commission. This opportunity should not be available just to the politically connected, but all employees. Thank You. Sammie L. Sias Commissioner, Augusta Richmond County "Foilure is not on Option" Please consider the environment before printing this email. The City of Augusta accepts no liallility for the content of lhis e-mail or for the consequences of any actions talien on ihe basis of lhe infi:r'mation provided, unless arrive late or incomplete, or contain viruses. The sender therefore does not accepl liability for any errors or omissions in tlre conterit of this message which arise asaresultofthee-tt'lail transrnission lfverificationisreqLtired,pleaserequestahardcopyversion.- AED:104 1 Commission Meeting Agenda 5/2/2017 2:00 PM Sagging Pants Department: Department: Caption:Report from the Clerk's Office regarding the issue of "Sagging Pants" as addressed by other cities in Georgia. (No recommendation from Administrative Services Committee April 25, 2017) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo CITY OF ALBANY, GA Ordinance Public lndecency Prohibited AN ORDINANCtr'ENrrrLE; l0- tEro AN ORDINANCE AMENDING ARTICLE IV CHARTER 38 OF THE CITY CODE BY REPEALING THE PRESENT SECTION 38-147; CREATING A NEW SECTION 38-147 (PUBLIC INDECENCY PROHIBITED"; REPEALING PRIOR ORDINANCES IN CONFLICT AND FOR OTHER PURPOSES. WHERDAS, the laws of the State of Georgia prohibit public indecency and authorize municipalities to enact similar legislation, all so as to protect and preserve the health, safety, and welfare of the citizens of the City; and WHEREAS, the City of Albany finds exposure of an individual's buttocks, genital area or undergarments is lewd and indecent; and WHEREAS, the City of Albany desires to respond to the adverse effects of such lewdness so as to protect the health, safety, and welfare of the citizenry; and WHEREAS, the City of Albany recognizes that wearing saggy pants is injurious to public health, safety and welfare; and WHEREAS, with the passage of any ordinance, the City of Albany accepts as binding the applicability of general principles of criminal and civil law and procedure and the rights and obligations under the United States and Georgia Constitutions, Georgia Code, and the Georgia Rules of Civil and Criminal Procedure; and WHEREAS, it is not the intent of this ordinance to suppress any speech activities protected by the U.S. Constitution or the Georgia Constitution, but to enact this legislation to combat the effects of indecency/lewdness. Purpose. It is the purpose of this ordinance to respond to certain acts of lewdness and indecency in order to promote the health, safety, morals, and general welfare of the citizens of the City of Albany. The provisions of this Ordinance have neither the purpose nor effect of -I imposing a limitation or restriction on any rights protected by the United States Constitution or the Constitution of the State of Georgia. Findinss and Rationale. Based on evidence ofthe adverse effects of public indecency and lewdness, including the wearing ofsaggy pants as defined in Section 2 (7) below, and public indecency being a rational basis upon which to enact the instant ordinance, see e.g. the plurality opinion in Bames v. Glen Theatre, Inc. 501 U.S. 560, 567-'1.2 (1991). NOW THEREFORE, BE IT ORDAINED by the Board of Commissioners of the City of Albany, Georgia and it is hereby ordained by authority of same: SECTION l. Section 38-147 of the City Code entitled "Defecation in public" is repealed. SECTION 2. Hereafter, Section 38-147 of the City Code shall read "Public Indecency Prohibited" (a) A person commits the offense of public indecency when he or she performs any of the following acts in a place where a person should reasonably expect to be in view of the public: (l) An actual or simulated act ofsexual intercourse or masturbation; (2) Exposure ofthe genitals; (3) A lewd appearance in a state of padial or complete nudity; (4) A lewd caress or indecent fondling ofthe body ofanother person; (5) A lewd caress or indecent fondling ofthe sexual organs ofany person, including oneself; (6) Urination or defecation; or (7) Appears wearing pants or skirts more than three inches below the top ofthe hips (crest ofthe ilium) exposing the skin or undergarments. (b) Fines and penalties - A citation shall be issued to the offender and the person shall be subject to a penalty ofnot less than twenty five dollars on the first offense and not more than two hundred dollars for each subsequent offense. In addition to or in lieu ofa fine, the court may order such person to participate in up to forty hours of court approved community service activities. Violators shall not be subject to arrest or imprisonment for violation of the section, however, the municipal court shall have the same authority as the superior court to enforce obedience to its orders, judgments and sentences. (c) Defenses- It is a defense under the subchapter if it is determined, after a hearing or trial, that the person was exercising rights protected by the Federal or State a Constitution. Any defense under this subsection must be asserted prior to any hearing or trial in the matter. SECTION 3. Ifany provision or item ofthis ordinance or the application thereofis held invalid, such invalidity shall not affect other provisions, items, or applications of this ordinance which can be given effect without the invalid provisions, items or applications, and to this end the provisions ofthis ordinance are hereby declared severable. SECTION 4. All ordinances and parts of ordinances in conflict herewith are expressly repealed. Adopted: ll au-*lu/ 33, Jo I o Introduced By Commission "r, ML,(, Date(s) read: -W &3.eoto -3- Albany, GA Code of Ordinances Page I of2 Sec. 38-147. - Public indecency prohibited. (a) A person commits the offense of public indecency when he or she performs any of the following acts in a place where a person should reasonably expect to be in view of the public: (1) An actual or simulated act of sexual intercourse or masturbation; (2) Exposure of the genitals; (3) A lewd appearance in a state of partial or complete nudity; (4) A lewd caress or indecent fondling of the body of another person; (s) A lewd caress or indecent fondling of the sexual organs of any person, including oneself; (6) Urination or defecation; or (7) Appears wearing pants or skirts more than three inches below the top of the hips (crest of the ilium) exposing the skin or undergarments. (b) Fines and penalties. A citation shall be issued to the offender and the person shall be subject to a penalty of not less than $25.00 on the first offense and not more than $200.00 for each subsequent offense. In addition to or in lieu of a fine, the court may order such person to participate in upto 40 hours of court approved community service activities. Violators shall not be subject to arresf or imprisonment for violation of the section, however, the municipal court shall have the same authority as the superior court to enforce obedience to its orders, judgments and sentences. (c) Defenses. It is a defense under the subchapter if it is determined, after a hearing or trial, that the person was exercising rights protected by the federal or state constitution. Any defense under this subsection must be asserted prior to any hearing or trial in the matter. about:blank 4/17/2017 Albany, GA Code of Ordinances Page2 of2 (Ord. No. 10-136, $$ 1,2, ll-23-2010) Editor's note Ord. No. 10-136, $$ 1, 2, adopted Nov. 23, 2010, repealed the formel$_18-!{2, and enacted a new;fl8-!!Z set out herein. The formel$_18-![Z pertained to defecation in public and derived from Code 1975, $ 13-8; Code 1985, $ 17-75. about:blank 4/17t20t7 CITY OF ATLANTA, GA No official action taken by the City Council of Atlanta regarding the proposed Ordinance. AN ORDINAI\CE 07-0-1800 BY COI.JNCILMEMBERS C. T. MARTIN, CEASAR C. MITCIIELL, H. LAMAR WILLIS, MRy L. YOIJNG JR. AI\D JOYCE M. SIIEPERI) AS ST]BSTITUTED BY PTJBLIC SATETY AND LEGAL ADMIMSTRATION COMMITTEE TO CREATE SECTION 106-13 OF TIIB CODE OF ORDINANCES OF TIIE CITY OF ATLANTA, GEORGIA TO BE ENTITLED..WEARING OF PANTS BELOW TIIE WAIST IN PI.JBLIC, UIYLAWH.TL"; TO WAM CONILICTING ORDINANCES; AND FOR OTIIER PTJRPOSES. Whereas, the City has the responsibility to regulate and prohibit any act, practice, or conduct which is detrimental or likely to be detrimental, to the health, sanitation, cleanliness, welfare and safety of the inhabitants of the City and to provide for the enforcement of such standards; and Whereas, the City has the power to make, ordain, and establish such ordinances, rules and regulations as shall appear necessary for the security, welfare, convenience and interest of the City and its inhabitants and for preserving the health, peace, order and good govemment of the City; and Whereas, pursuant to its police powers, the City is authorized to enact legislation to regulate certain conduct which could affect the public health, safety and welfare; and Whereas, the dress fad of wearing low hanging/saggy pants which exposes one's underwear is becoming a major concern for communities, cities and states around the country; and Whereas, some jurisdictions are taking action to limit the exposure of one's underwear in a public setting by enacting legislation which impose sanctions for the violation thereof; and Whereas, this issue is being debated in other parts of the country, in school districts and among elected officials who are seeking remedies and solutions to curtail this practice which has become an epidemic among our youth; and Whereas, the debate in the City of Atlanta centers around the compatibility of such style of dress with standards acceptable to that of the general community as a whole. tae NOW, TIIEREFORE, TIIE COTJNCIL OF TIIE CITY OF ATLANTA, GEORGIA IIEREBY ORDNNS as follows: Section 1: Section 106-13 of the Code of Ordinances is hereby created which shall provide as follows: Section 106-13. Wearing of pants below the waist in publig unlawful (a) It shall be unlawful for any person to appear in public wearing pants below the waist which expose the skin or undergarments. (b) Any person convicted of violating the provisions of this section shatl be punished by a fine not to exceed $100.00 plus up to eight hours of work on the public streets of the city. (c) Any violation of subsection (a) hereof shall be cited by the law enforcement officer by the issuance of a citation and summons to appear before a court of proper jurisdiction, and shall not, in and of itself, be grounds for an arrest or for a search of the person cited. Section 2: All ordinances or parts of ordinances in conflict herewith are hereby waived to the extent of any such conflict. RCS# 2691 t/22/092:22 PM 07-O-1800 TO Archibong Fauver Shook Mul1er Atlanta City CounciL SPECIAL SESSION CREATE SEC.106_13 OF CODE OE CITY CODE OE ORDINANCES FILE YEAS: NAYS: ABSTENTIONS: NOT VOTING: EXCUSED: ABSENT Y Y Y Y Y Y Y Y Smith Hall Young Winslow Y Moore Y Martin Y Maddox Y Sheperd Mi t.che I1 Norwood Wi 11i s Borders 14 0 0 2 0 0 Y NV Y NV 07-o-1800 I r..\ Po al E&?.o a8 E2@rafr 2+-?o ? a==z>C-i.-m-{ nEcE=srao#R. tamFF.-mxD= EfiE; 6o a =oFi6v,Jr*rcCDet tL !D D oa il' gq, oaoo aCL Io o oCL "l oq, oIoo oEL aoo =oCL d ltcvg 0 V',\ H-J Iq, o f,oo a CL 5 t\,bd-{ \o s tr o !:'>IOm9ltr,mo EHfiPfr7\ei =rmm:olBae.sg tE$i-$H +'nm:0 .zo 'Tlono{-mv r:=L' Ei Fn-t ( L r =6ns-{Hir# !ff9! :Doo d =o3cfo at fitf-1t*t7A fdHlB ILd )re'I o-lo lolstoldlo o=g. wr 1.,lol3l3 I(Do d r q I io =o3cro aD l"$l l*F*j rEtW Nt'\ oo3I@o C/ !0(2 4 :Doo d =o3ct(D at, 'no, CL -.-ro > eaq-o- o ds 34,.o.o o =g. on,o oo33 o(D ,ll I t,Ffl ffi,Io-lo f *o4U' C){oz omI{3mo c- z. r$c=C)(9 \trooN A 'o'j 3P "rlE=Bs>S59oO6e HIo -g :DO 3E=ocL CITY OF CAIRO, GA Ordinance Adopted 20L2 ORDINANCE NO. AN ORDINAI\CE TO AMEND CHAPTER 15 OF'THE CODB OF ORDINAI\CES OF THE CITY OF CAIRO, GEORGIA WIIICH PROVIDES FOR OFFENSES AI\D MISCELLANEOUS PROVISIONS; TO AMEI\D ARTICLE ENTITLED *DISORDERLY CONDUCT, OF sECTION 15- 3' TO PROVIDE FOR CODIFICATION; TO PROVIDE FOR SEVERABILITY; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE AI\ EFFECTIVE DATE, AI\D FOR OTHER PURPOSES, 'Whereas, the City has the responsibility to regulate and prohibit any act, practice, or conduct which is detrimental or likely to be detrimental, to the health, sanitation, cleanliness, welfare and safety of the inhabitants of the city and to provide for enforcement of such standards; and Whereas, the City has the power to make, ordain, and establish such ordinances, rules, and regulations as shall appear necessary for the security, welfare, convenience and interest of the City and its inhabitants and for preserving the health, peace, order and good government of the City; and \ilhereas, the laws of the State of Georgia prohibit public indecency and allow local laws in addition thereto; and Whereas, the dress fad of wearing low hanging/saggy pants which exposes one's underwear has become an epidemic among our youth and has become a major concern for local citizens in our community as well as other communities, cities, and states around the country; and Whereas, elected officials in some jurisdictions are seeking remedies and solutions to curtail this practice and to limit the exposure of one's underwear in a public setting by enacting legislation which imposes sanctions for the violation thereof; and Whereas, by expressed concern of local citizens, the wearing of pants or skirts below the waist which expose skin or undergarments is considered indecent, offensive and reflects poorly on the younger generation; and. Whereas, the amendments contained herein will benefit the health, safety and welfare of the citizens of the City of Cairo; Now Therefore, It Is Ordained by the Mayor and Council of the City of Cairo that Chapter 15 "Offenses and Miscellaneous Provisions" is hereby amended by designating the current offenses under Sec. 15-3 as Subsection "(a)" and adding new Subsections 15-3 (b) and (c) to read as follows: Sec. 15-3. Disorderly Conduct. (a).... (b) A person commits the offense of public indecency when he or she performs any of thefollowing acts in a place where a person should reasonably expect to be in view of the public: 1. An actual or simulated act of sexual intercourse or masturbation; 2. A lewd exposure ofthe sexual organs; 3. A lewd appearance in a state of partial or complete nudity; 4. A lewd caress or indecent fondling of the body of another person; or 5. Urination or defecation. (c) It shall be unlawful for any person to appear in public wearing pants, shorts, or skirts more than three inches below the top of the hips (crest of the ilium) exposing the skin or undergarments. For the pulpose of this subsection, the term "undergarments" shall include any article of clothing worn under the outer garments and next to the skin. Any person(s) violating this subsection may be warned by the law enforcement officer to pull up their pants, shorts, or skirts, andif they comply, said waming shall be the penalty for violation of this subsection. Failure by said person(s) to comply with said warning shall result in a charge of "Disorderly Conduct;" and a citation shall be issued to the offender, and the person shall be subject to a penalty ofnot less thantwenty-five ($25.00) dollars on the first offense and not more than two hundred ($200.00) dollars for each subsequent offense. Any violation for this offense shall not, in and of itself, be grounds for an arrest or for search ofthe person cited. Be It Further Ordained that all ordinances and parts of ordinances in conflict with the same are hereby repealed. Be It Further Ordained that this ordinance amending the existing Chapter 15 entitled '.Offenses and Miscellaneous Provisions" shall become effective ten (10) days after its adoption by the Mayor and Council of the City of Cairo. Adopted this dayof_,2012. Richard Vanlandingham, Mayor Carolyn B. Lee, City Clerk lntroduced:,2012. ,2012.Adopted: CITY OF DUBLIN, GA Ordinance Adopted 20L0 ORDINAIICE TNDECENT EXPOSURE #10 - t4 AN ORDINANCE TO AMENDING THE CODE OF ORDINANCES OF THE CITYOF DUBLINTO OI TI-AW PUBLIC INDECENCY WHEREAS, the laws of the state of Georgia prohibit public indecency and allow local laws in addition thereto; and WHEREAS, though there is a state law prohibiting public indecency, that law allows for some behavior that is considered indecent; and WHEREAS, the City of Dublin finds that the exposure of a person,s, buttocks, genital area or undergarments is offensive and indecent; and WHEREAS, the City has received reports of sagging bagry pants being used to facilitate theft crimes; and WHEREAS, there is evidence that indicates that wearing sagging pants is injurious to the health of the wearer as it causes an improper gait; NOW THEREFORE, BE IT ORDAINED by the City of Dublin, l,aurens County, Georgia, that Article I of Chapter 14 "Offenses," is hereby amended by adding thereto a new section titled "Publie Indecency Prohibited'to read as follows: Sec.r4-9 Publiclndecencyprohibited. (a) A person commits the offense of public indecency when he or she performs any ofthe following acts in a place where a person should reasonably "*p""t to be inview of the public: (r) An actual or simulated act of sexual intercourse or masturbation;(z) Exposure ofthe genitals; $) A lewd appearance in a state of partial or complete nudity; (4) A lewd caress or indecent fondling ofthe body ofanothei person; (S) A lewd caress-or indecent fondling ofthe sexual organs ofiny person,including oneself; (6) Urination or defecation; or (7) Arnears wearing pants or skirts more than three inches below the top ofthe hips (crest of the ilium) exposing the skin or undergarments. [b) -- - Fine-sand penalties - A citation shall be issued to the offender and the personshall be subject to a penalty of not less than twenty five dollars on the first offenseand not more than two hundred dollars for each subsequent offense. In addition tothe fine, the court may order such person to participate i, up to forty hours ofcourtapproved community-service activities. Violators ihall not^be subject to arrest orimprisonment for violation of this section, however, the municipal court shall havethe same authority as the superior court to enforce obedience to'its orders,judgments and sentences. (c) Defenses - It is a defense under this subchapter if it is determined, after ahearing or trial, that the person was exercising righis protected by the Federal orState Constitution. Any defense under this sutseition must be aiserted prior to anyhearing or trial in the matter. BE IT FURTHER ORDAINED that if any provision or item of this ordinance or the application thereof is held invalid, such invalidity shall not affect other provisions, items or applications of this ordinance which can be given effect without the invalid provisions, items or applications, and to this end the provisions of this ordinance are hereby declared severable. BE IT FURTHER ORDAINED that all ordinances or parts of ordinances in conflict herewith are hereby repealed. SO ORDAINED this 2nd day of September 2010 by a vote of ( 6 ) FOR and ( 0 )AGAINST. PHIL BEST, SR., MAYOR ATTEST: JOE M. KINARD, III, CITY CLERK ORDINANCE #10 - t4 Lena Bonner From: Sent: To: Subject: Attachments: Lance Jones City of Dublin P.O. Box 69o Dublin, Ga. 3ro4o City Manager Phone: (478)277-5oor Fax: (qZB)272-1741 Email: jonesl@dlcga.com Lance Jones <jonesl@dlcga.com > Monday, April L7, 2017 5:L8 PM Lena Bonner Saggy Baggy pants baggy pants ord codified.docx; Ordinance L0 L4 Indecent Exposure 20L0.doc -HoP9 this_helps. I highlighted the sections that were specificallywritten to address the problems Ihad found with other baggy-pants ordinances. Our ordinarrce ii about 7 years old, so I im sure theremay be some changes.in lhe Iaw you_may need to consult your attorney'atout. If your cityattorney participates in the Municode attorney list-serve I think there are some discussions of the issue that you could find in their archives. Call me if you I can do anything else. Sec. r4-9. - Public indecency prohibited.(") A person commits the offense of public indecency when he or she performs any of thefollowing acts in a place w_here_ a person should r.urorubly expect to be iniew of the iublic:(t) An actual or simulated act of sexual intercourse oi masturbation;(z) Exposure of the genitals; (Sl Afew{ appearance in a state of partial or complete nudity;(+) Alewd caress or indecent fondling of the body of anothei person;(s) A lewd caress or indecent fondling of the sexual organs of iny person, including oneself;(6) Urination or defecation; or ID - Appea-rs we_aring pants or skirts more than three (g) inches belowthe top of thehips (crest of the ilium) exposing the skin or und.erga"-e-rrt". (b) Fines and penalties. A citation shall be issued to the offender and the person shall be subjectto a penalty of not less than twenty-five dollars ($zS.oo) on the first offen." and not more than twohundred dollars ($zoo.oo) for each subsequent offense. In addition to the fine, the court may order ggch person to p_articipate in_gP to forty (+o) hours of court-approved community service activities.Violators shall not-le subject to ar_rest or impri"or*Lrrt for violation of this section,however, the municiPal court shatl have the-same authority as the superiorcourt toenforce obedience to its orders, judgments and sentences. (c) Defenses. It is a defense under this section if it is determined, after a hearing orqitl, that^the person was exercising rights protected by the federal or stateConstitution. Any defense under this sectioh must be asserted prior to any hearing ortrial in the matter. (Ord. No. ro-r4, g-z-zoro) {trF. IIG\ OBDINAI$CE NO. 867 AIV OBDINAIYCE TO AIVIEND CHAPTER 54 OF CODE OF ORDINANCES OF TTIE CITY OF IIAMPTON, GEORGIA, VYEICH PBOVIDES FOR OFr.ENSES At{D MISCELLANEOUS PBOVISIONS; TO AI}IEND ARTICLE I ENIITLED nIN GENERAL; TO AMEND SECTION 54-.8 EIVUTLED "DISORDERLY CONDUCT; TO PROVTDE FOR CODIFICATION; TO PROVIDE FOR SE\IERABILITY; TO BEPEAL CONtr'LICTING ORDINAI,ICES; TO PBOVIDE AMFFECTITE DATE; AND FOR OTHEB PUBPOSES WIIEBEASI, the duly elected governing body of the City of Hampton, Georgia is the Mayor and Council thereof; and WIIEREA,S, the governing authority frnds that it needs a revised defrnition of those actions which constitute the offense disorderly conduct within the City Limits of Hampton; and WHEREAS, the amendments contained herein will benefit the health, safety and welfare of the citizens of the City of Hampton. Now, THE COUNCIL OF THE CITY OF HAMPTON HEBEBY ORDAINS: SECTION f . Article I of Chapter 54, Section 54-B of the Code of Ordinances of the City of Hampton, Georgia, entitled 'Disorderly Conduct'' is amended to add a new subsection (a)(26) thereunder which shall read as follows: Sec. 64-8. Disorderly conduct (a) A person commits the offense of disorderly conduct when such person, within the corporate limits of the City, commits any of the following: (26) Appears in a public place or in view of the public wearing pants, shorts, or a skirt more than three (3) inches below the hips (crest if the ilium) exposing the skin, undergarments, or underryear. For the purpose of this subsection, the term "underqrear" shall include any article of clothing worn under the outer garments and next to the skin. At the discretion of the officer, any person violating this subsection may be warned to pull up their pants, and if they comply, said warning shall be the only penalty for violation of this subsection./t1F\ {Cliarr 000013d Mancr (807 Doc 007,14092.DOC} s\ SECTION 3. This Ordinance shall be codified in a manner consisteut with the laws of the State of Georgia. SECTION 4. A) It is hereby declared to be the intention of the Council that all sections, paragraphs, sentences, clauses and phrases of this Ordinance are and were, upon their enactment, believed by the Council to be fully valid, enforceable and constitutional. B) It is hereby declared to be the intention of the Council that, to the greatest extent allowed by law, each and every section, paragraph, sentence, clause or phrase of this Ordinance is severable from every other section, paragxaph, sentence, clause or phrase of this Ordi"ance. It is hereby further declared to be the intention of the Council that, to the greatest extent allowed by law, no sectiou, paragraph, sentence, clause or phrase of this Ordinance is mutually dependent upon any other section, paragraph, sentence, clause or phrase of this Ordinance. C) In the event that any phrase, clause, sentence, paragraph or sectiou of this Ordinance shall, for any reason whatsoever, be declared invalid, unconstitutional or othemise unenforceable by the valid judgment or decree of any court of competent jurisdiction, it is the ercpress intent of the Council that such invalidity, unconstitutionality or unenforceability shall, to the greatest extent allowed by law, not render invalid, unconstitutional or othemise unenforceable any of the remaining phrases, clauses, sentences, paragraphs or sections of the Ordi.aage and that, to the greatest extent allowed by law, all remaining phrases, clauses, sentences, paragraphs and sections of the Ordinance shall remain valid, constitutional, enforceable, and of full force and effect. SECTION 5. Repeal of Conflicting Provisions. Except as othervise provided herein, all ordinances or parts of ordinauces in conflict with this ordinance are hereby repealed. ;lF.tr\ (Climtfi\00134 Matter 000? Doc: 00?4{092.DOC} So ORDAINED this t,? ary or S\r\LJ , 2011. t ATTEST: SECTION 6. Effective Date. This ordinance shall become effective ten (10) days after its adoption by the Mayor and City Council of thc City of Hampton. First Reading: Second Reading/ Adoption: ll ljh'Zolt W . COLEY, Mayor 6::' {Ctii:nt:0f}00134 Maucr:000? Dx: 00?{'|092.DOC} CITY OF MOULTRIE, GA Public lndecency City of Moultrie, GA Sec. 74-23. - Public indecency. (a) Definitions. Theterm indecency asusedinthissectionshall meananydisplayof anyportionof thebody which is normally covered by undergarments or clothing designed and intended to be worn as undergarments which convey an image that is lewd, indecent or sexually titillating to a person of ordinary and reasonable sensibilities or is intended to convey membership in identifiable gangs which have been previously associated with unlawful acts. The term hrps as used in this section shall be defined as the crest of the ilium of the wearer. The term ffi as used in this section shall mean a usually loose-fitting outer garment for the lower part of the body that reaches typically to the ankle but sometimes to any of various other points from the upper leg down and includes shorts and skirts. The term public place as used in this section shall mean any street, alley, park, public building, any place of business or assembly open to or frequented by the public, and any other place which is open to the public view, or to which the public has access. The term undergarmenf as used in this section shall mean any article of clothing worn under outer garments and next to the skin, including clothing worn at or below the waist, that are designed, intended or worn under the clothes to cover a person's intimate parts or which resembles clothing worn under outer garments even if attached by any means to ffi.(b) It shall be unlawful for any person or persons to perform any of the following acts in a place where a person is in public: (1) An actual or simulated act of sexual intercourse or masturbation; (2) A lewd exposure of the sexual organs; (3) A lewd appearance in a state of partial or complete nudity; (4) A lewd caress or indecent fondling of the body of another person; (5) Urination or defecation; (6) The wearing of ffi more than three inches below the top of the hips (crest of the ilium) exposingthe skin or undergarments; or (7) Exposure of undergarments by the lifting, lowering, or removing of outer garments. (c) Penalties. (1) A citation shall be issued to the offender and the person shall be subject to a penalty of not lessthan $25.00 on the first offense and not more than $2OO.O0 for each subsequent offense. lnaddition to or in lieu of a fine, the court may order such person to participate in up to 40 hours ofcourt approved community service activities. (2) Any violation of this section shall be cited by the law enforcement officer by issuance of a citation and summons to appear before the municipal court of the city, or in the case of a juvenile, thejuvenile court of the county. (3) This section shall not, in and of itself, be grounds for an arrest or for search of the person cited.However, the municipal court or juvenile court shall have the same authority as the superior court to enforce obedience to its orders, judgments and sentences. (Code 1967, S 18-23; Ord. No. 2013-130, S 1 , 6-'tB-2013) CITY OF PLAINS, GA Ordinance Adopted 2009 GeTpwooo npprR & RAMBo, P.C. ATTORMYSATLAW ,iTO WEST IAMAR SIREET i l1CrBOX488 rMLRrLuS, GEORGIA 3t?09 Ielephoacr O29\ 924.9316 Feqlqllcr <2291 924-6248 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF PLATNS TO ESTABLISH AN INDECENT EXPOSURE ORDINANGE; TO PROVIDE FOR THE REPEAL OF CONFLICTING ORDINANCES, TO PROVIDE FOR AN EFFECTIVE DATE, AND FOR OTHER PURPOSES BE lT ORDAINED by the Mayor and City Council members of the City of plains, and it is hereby ordained by authority of the same, that Chapler 12 of the Code of Ordinances of the City of Plains is hereby amended by adding thereto a new subsection, to be known as Section 12-2A, related to "indecent exposure," and said new subsection shall provide as follows: Sec. 12.20. lndecent exposure (a) lt shall be unlavyfulfor any person to appear in a public place, on the sidewalks, pubtic parking lots, streets, or alleys of the City wearing pants or shorts below the waist which , expose the skin or undergarments. (b) Upon conviction of a violation of this ordinance, the offender shall be punished in accord with the provisions of Section 1-8 of the City Code. BE IT FURTHER ORDAINED that all Ordinances or parts of Ordinances in conflict herewith are hereby repealed. BE lT FURTHER ORDAINED thatthis Ordinance shall become effective upon the 1't day of February, 2009. G,,rfeWOOp XIPPER &RAMBO, P.C. ATTORNETS AT LAW {1O IT'FST IAMA* STREET :, TlcEBoxtS8 lMERrurJS, GEORGIA I 1709 Telcphonc .2291 974 -93 I 6 F*sinllc 029) 924{248 SO ORDAINED, tnis /54 day of January, 2009. City of Plains lQq(tw,/, -City Clerk ACTION TAKEN FIRST READING APPROVAL: 4SECOND READING APPROVAL: UNANIMOUS CONSENT FOR WAIVER oF SEcoND READTNG AppRoVED: ///ilO? By: TERREBONNE PARISH COUNCIL, LA Ordinance Adopted 20L3 OFFERED BY: Mr. J. Nary. SECONDED BY: Mr. D. Guidry. ORDINANCE NO. 828I AN ORDINANCE TO ESTABLISH SECTION 19-17 OF CHAPTER 19, OFFENSES,MISCELLANEOUS LAW ENFORCEMENT PROVISIONS, ARTICLE I, IN GENERAL, OFTHE TERREBONNE PARISH CODE TO PROVIDE FOR THE REGULATION OF BELOWTHE WAIST SKIN/TINDERGARMENT EXPOSURE IN PUBLIC PLACES WHEREAS, Sec. 1-06 of the Home Rule Charter for the Parish of Terrebonne provides that parish govemment shall have the right, power and authority to pass all ordinances requisiteor necessary to promote, protect and preserve the general welfare, safety, health, peace and good order of the parish, including, but not by way of limitation, the right, power and authority to passordinances on all subject matter necessary, requisite or proper for the management of parishaffairs, and all other subject matter without exception, subject only to the limitation that the sameshall not be inconsistent with the constitution or expressly denied by general law applicable to the parish; and WHEREAS, the Terrebonne Parish Council finds that appearing in public view while exposing one's skin or undergarments below the waist is contrary to safety, health, peace, and good order ofthe parish, and the general welfare; and NOW, THEREFORE BE IT ORDAINED by the Terrebonne Parish Council, on behalf of the Terrebonne Parish consolidated Government, that the following be enacted: SECTION I Chapter I 9, Article I, Section 1 9- I 7 of the Terrebonne Parish Code be enacted to read: sec. 19-17. - wearing of pants, skirts and other clothing below the waist in public. (a) It shall be unlawful for any person to appear in public view or in a public place wearing pants, skirts or other clothing below the waist which expose the skin or undergarments. O) AnV violation of subsection (a) shall be cited by a law enforcement ofEcer by the issuance of a citation and summons to appear before a court of proper jurisdiction, and shall by itselfnot be grounds for an arrest or for a full search ofthe person cited.(c) Any and all person or percons found in violation of any provision of this section shall, upon conviction thereof, be fined not more than Fifty ($50.00) Dollars for the First offense, One Hundred ($100.00) Dollars for the Second offense, and One Hundred ($100.00) Dollars and Sixteen (16) Hours of Community Service for the Third and Subsequort Offenses. SECTION II If any word, clause, phrase, section or other portion of this ordinance shall be declarednull, void, invalid, illegal or unconstitutional, the remaining words, clauses, phrases, sections andother portions of this ordinance shall remain in full force and effect, the provisions of this ordinance hereby being declared to be severable. SECTION III This ordinance shall become eflective upon approval by the parish president. This ordinance, having been introduced and laid on the table for at least two weeks, was votedupon as follows: THERE WAS RECORDED: YEAS: c. Duplantis, R. Homsby, D. Babin, D. Guidry, p. Lambert, J. Navy, A. williams and G.Hood, Sr. NAYS: B. Amed6e. ABSTAINING: None. NOT VOTING: None. ABSENT: None. The Chairwoman declared the ordinance adopted on this, the 1Ofr day of April, 2013. BERYL AMEDEE, CHAIRWOMAN TERREBONNE PARISH COUNCIL CHARLETTE D. POCHE, COUNCIL CLERK TERREBONNE PARISH COLINCIL Approved ********* Date and Time Delivered to Parish President: Michel H. Claudet, Parish President Terrebonne Parish Consolidated Govemment Date and Time Retumed to Council Clerk: *:t******* Vetoed I, CHARLETTE D. POCHE, Council Clerk for the Terrebonne Parish Council, do hereby certifu that the foregoing is a true and correct copy of an Ordinance adopted by the Assembled council in Regular Session on April 10, 2013, at which meeting a quonrm was present. GTVEN UNDER MY OFFICIAL SIGNATURE AND SEAL OF OFFICE THIS DAY OF ,20t3. CHARLETTE D. POCHE, COI-INCIL CLERK TERREBONNE PARISH COUNCIL CITY OF WAYNESBORO, GA Ordinance Not Passed City of Waynesboro Sagging Pants Ordinance Ordinance Number AN ORDINANCE TO AMEND CHAPTER 70 OF THE CODE OF ORDINANCES OFTHE CITY OF WAYNESBORO, GEORGIA ADDING THERETO A NEW SECTION NUMBERED 70-16 ENTITLED "WEARING OF PANTS BELOW THE WAIST IN PUBLIC''; TO PROVIDE FOR CODIFICATION; TO PROVIDE FOR SEVERABILITY; TO PROVIDiFOR PENALTIES; TO REPEAL CONFLICTING ORDINANCES; To PROVIDE AN ADOPTION DATE; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES ALLOWED BY LAW. WHEREAS, the duly elected governing authority of the City of Waynesboro, Georgia is authorized under futicle 9, section 2, Paragraph 3 of the constitut State of Georgia to adopt reasonable ordinances to protect and impr.ove the public safety and general the Mayor and City Council t WH huthority desires to adopt regulations under their police and other powers to regu\the wearing of sagging pants in the city limits and to prevent the indecent and unsightly condition which is the resurt of this activity; WHEREAS, this Ordinance is adopted not for the purpose of interfering with an individual's fi'eedom of expression but for the pulpose of maintaining the history, tradition, identity and quality of life in the City; City of Waynesboro Sagging Pants Ordinance I of4 welfare of the citizens of the Cify of Waynesboro, C"or8iffi WHEREAS, Official Code of Georsia AnnotffifO.M.WHEREAS, Official Code of Georgia AnnorqffiMA.) Section 36-35-3 provides te power to adopt clearly reasonable ordi rssi-utions or resulations relatins to thr BE IT ORDAINED BY THE MAYOR AND COT]NCIL OF THE CITY OF WAYNESBORO, Section 1. GEORGIA: Amendment of City Code; Section 70-16, The Code of Ordinances of the City of Waynesboro, Georgia is hereby amended by adding the following Section 7A46 to Chapter 70: "Sec. 70-16. Wearing of pants below the waist in public. (a) lt shall be unlawful for any person, regardless of age, to appear in any public (crest of the ilium) causing exposure of the person,s skin or the arments. (b) Any violation of subsection (a) hereof shall be officer by the issuance of a citation and summons to appear (c) Any person convicted of violating the by a fine not to exceed $50.00 and up to one four-hr enforcement of proper jurisdiction, and shall not, in and of itself, be grounds for an arrest or for the person cited. section shall be punished up trash or refuse, orperforming other court approved community (d) Any person convicted of section shall be punished by a fine nog of violating the provisions of this up trash or refuse, or performing other .00 and up to one eight-hour day picking community service activities. (e) Any person of a thirff offense of violating the provisions of this sectionshall be punished by a fine not $250.00 and up to two eight-hour days picking uptrash or refuse, or (0 An: community service activities. age of seventeen (17) who violates the provisions of thisOrdinance shall be s jurisdiction of the Juvenile Court of Burke County.,, Section 2. The preamble and rrecitals to this Ordinance are hereby incorporatecl into this Ordinance as if set out fully herein. Section 3. Codification. This Ordinance shall be codified in a manner consistent with the laws of the State of Georgia and the City of Waynesboro. City of Waynesboro Sagging Pants Ordinance 2of4 remaining phrases, clauses, sentences, paragraphs, or secti Section 4. Repealer. All City Code provisions, ordinances, parts of orclinances, or resolutions in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Severability. In the event that any phrase, clause, sentence, paragraph, or section ofthis Ordinance shall, for any reason whatsoever, be declared invalid, unconstitutional or otherwise unenforceable by any court of competent jurisdiction, it is the express intent of the Mayor and council that such invalidity, unconstitntionally, or unenfor.ceability the greatest extent allowed by law, not render invalid, unconstitutional, or otherwise e any of the and that, to the grcatest extent allowed by law, all remaining phrases,paragraphs, and forceable, and of ftlll force and day of 2008. 2008. (Si gna tw. e s o n fol I ow ing pa ge) City of Waynesboro Sagging Pants Ordinance 3 of4 George L. Deloach, Mayor City of Waynesboro Attested by: Jeny L. Coalson City Manager First Reading: Second Reading: City of Waynesboro Sagging Pants Ordinance 4of4 Augusta General Counsel's Recommended Legislation "sagging Pants" Exhibit A Section 3-7-29 I+ shall be unlawfol for any persen within Ar*gnsta Riehrnond eewrty; en any street or publie ptaee, ineheing he immerat aet er behavi@ Section 3-7-29 a) tt stratt Ue untawtrt fo inOecent exposure l wtren ne or sne oerforms Olax-aqt of sexual interc (Zt exoosure of tne (lt en aooearance l t+t e tewa caress or l U) e nerson atso comml resuttine from weari c) tt snan Ue unUwru for ouUtic otace. incl vulsar or nrofane lansuase. d) For the oumoses of t and correctional ins e) Anv viotation of suU omcer Uv tne issuanc iunsaiction, anA sn p€rsoE-eircd 0 everv person convic tess frfw notUrs (S viotation ana mav Ue Communitv Service for each violation. s) Everv Derson convicted of havins violated sub-section {b) or (c) of this Section- exceDt as orovided in sub-section (h). shall be fined not less Twentv-Five Dollars (S25.00) and not more tnan One ftundrea fit uo to eisht (8) hours of court aooroved Communitv Service for each violation. h)Anv person. uoon the navrng a nne as nrov Communitv Service. ,tnv oerson. uoon fia (:t or more tlmes. s atso Ue reouirea to eaeh-vrolatron- env oerson. upon navl tnree (:) or more time ana snaU atso Ue re oaeh-niolation Bacn instance of navin nunishable offense. Anv minor unAer age s s*iect to tne iurisOl i) k) l) Commission Meeting Agenda 5/2/2017 2:00 PM Animal Services Positions Department: Department: Caption:Motion to approve establishing two new Animal Services positions, with the associated costs for the required equipment such as vehicles, uniforms, training, etc. and adjust the pay of the animals officers to a level equivalent to cities of our size utilizing funds from the $380K that was added to the contingent fund in February 2017. (No recommendation from Public Safety Committee April 25, 2017) Background:The new animal service ordinance, while being great for our city and the animals herein, it has strained our Animal Services Department to the breaking point. We must provide some relief and provide it now. Our animals services officer are grossly underpaid and greatly overworked in a very stressful environment. Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Date: April 21, 2017 To: The Honorable Hardie Davis, Jr., Mayor Members of the Augusta, Georgia Commission From: Janice Allen Jackson, Administrator Caption: Reallocate $380,000 from Contingency to various departments and the General Fund Contingency as described herein. Background: As you are aware, the Commission transferred $380,000 into our 2017 Budget Contingency as of February 24. Therefore, these funds are available for reallocation. The recommended mid-year adjustments to the respective departments and the Marshal’s Office will place us in a better position to address the following goals of the Commission: 1. Better implementation of the new animal ordinance 2. Stricter code enforcement, and therefore a cleaner community 3. Improvements to employee compensation Analysis: The action items resulting from the recommendation are described below: 1. Fund and authorize creation of two (2) additional Animal Control Officers 2. Fund and authorize the purchase of one (1) vehicle for Animal Control 3. Appropriate funds for related incidental expenses associated with the creation of the new position in Animal Control for the remainder of 2017 4. Fund and authorize creation of one (1) Code Enforcement Assistant position in Planning and Development 5. Appropriate funds for related incidental expenses associated with creation of the new Code Enforcement position in Planning and Development for the remainder of 2017 6. Fund and authorize creation of one (1) additional Deputy in the Marshal’s Office 7. Fund and authorize the purchase of one (1) additional vehicle for the Marshal’s Office 8. Appropriate funds for related incidental expenses associated with creation of the new position in the Marshal’s Office for the remainder of 2017 9. Appropriate funds to begin implementation of compensation study 10. Keep remaining funds to General Fund Contingency Financial Impact: The recommendation will be accomplished by reallocating an existing 2017 appropriation. Alternatives: 1. Accept the recommendation as presented 2. Leave all funds in General Fund Contingency 3. Any other options as determined by the Commission Recommendation: Accept the recommendation as presented by Staff. Reallocate funds Department Appropriation As follows: Animal Control $ 76,200.00 Planning & Development/Code Enforcement $ 25,800.00 Marshal’s Office $ 64,400.00 Compensation Study Implementation $113,600.00 General Fund Contingency $100,000.00 Commission Meeting Agenda 5/2/2017 2:00 PM Modify Contract with Ten-8 Department:Fire Department Department:Fire Department Caption:Motion to approve a Contract with Pierce Manufacturing, Inc. instead of the proposed contract with Ten-8 in reference to RFP 17-137 Emergency Apparatus/Fire Pumper for six (6) Pierce pumpers and to authorize the Mayor to execute the appropriate documents. (No recommendation from Public Safety Committee April 25, 2017) Background:Commission approved the original Contract with Ten-8 on February 21, 2017, to provide the Augusta Fire Department with six (6) custom designed emergency apparatus/fire pumpers. Thereafter, a Contract was sent to Ten-8 for execution. Ten-8 and Pierce Manufacturing, Inc. are requesting the contracting parties be with Pierce Manufacturing, Inc. as Vendor, instead of Ten-8. Ten -8 is a dealer for Pierce Manufacturing, Inc. The proposed original Contract with Ten-8 was modified by Peirce Manufacturing, Inc. The sections modified by Pierce Manufacturing , Inc. is outlined in the attached Exhibit "1". Analysis:Augusta Fire Department received the revisions and have no objections to the requested changes. The revised Contract was sent to legal for review and state changes proposed by Pierce are acceptable. In order to move forward with the purchase of six (6) pumpers from Pierce Manufacturing, Inc. it will be necessary to approve the changes to the Contract. Financial Impact:None as the original Contract was approved by Commission on February 21, 2017 and the modifications to the contact will have no financial impact on Augusta. Alternatives:none Recommendation: Approve changes to the original proposed Contract and authorize Cover Memo the Mayor to execute all necessary documents. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 5/2/2017 2:00 PM Affidavit Department: 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