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HomeMy WebLinkAbout2018-09-04 Meeting AgendaCommission Meeting Agenda Commission Chamber 9/4/2018 2:00 PM INVOCATION: Reverend Christopher J. Waters, Pastor Historic Thankful Baptist Church. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. Five (5) minute time limit per delegation DELEGATIONS A.Ms. Chauncy L. Rogers regarding Gold Cross cost being passed to the citizens.Attachments CONSENT AGENDA (Items 1-17) PUBLIC SERVICES 1.Motion to approve the Sec. 5307 Augusta Public Transit grant application between the Federal Transit Administration (FTA) and Augusta, Georgia. (Approved by Public Services Committee August 28, 2019) Attachments 2.Motion to approve authorization for Augusta to accept a grant worth $13,750 from the American Association of Retired Persons. (Approved by Public Services Committee August 28, 2019) Attachments 3.Motion to approve New Location Application: A.N. 18-28: A request by Kandis Michelle Bonner for a retail package Beer & Wine License to be used in connection with Rising Sun, LLC dba Sun Food Mart located at Attachments 3995 B Old Waynesboro Rd. District 6. Super District 10. (Approved by Public Services Committee August 28, 2018) 4.Motion to approve New Location Application: A.N. 18-29: request by Nash William Patton for an on premise consumption Beer & Wine License to be used in connection with Augusta Deli dba Groucho's Deli- Augusta located at 758 Broad Street. There will be Sunday Sales. District 1. Super District 9. (Approved by Public Services Committee August 28, 2018) Attachments 5.Motion to approve Contract Term Extension with Bateman (Compass – USA) July 1, 2018 – June 30, 2019.(Approved by Public Services Committee August 28, 2018) Attachments 6.Motion to approve the contract with JBT Aero Tech Corporation (JBT) in the amount of $1,356,469.00 for the purchase of two (2) Passenger Boarding Bridges. (Approved by Public Services Committee August 28, 2018) Attachments 7.Motion to approve Sommers Construction Company Change Order Number 3 in the amount of $7,018.00. (Approved by Public Services Committee August 28, 2018) Attachments ADMINISTRATIVE SERVICES 8.Motion to approve the request from the Richmond County Sheriff’s Office for the purchase of two crime scene vehicles. Bid Item #18-186. (Approved by Administrative Services Committee August 28, 2018) Attachments 9.Motion to approve a requests from Central Services Department-Fleet Management Division to purchase from Bid Item #18-226: one (1) 15- Passenger Cutaway Bus and Bid #18-229 Engineering Department requests the purchase of one (1) F-350 Pickup Truck. (Approved by Administrative Services Committee August 28, 2018) Attachments 10.Motion to approve designating the Lake Olmstead Stadium property as the approved site for a city Amphitheater. (Approved by Administrative Services Committee August 28, 2018) Attachments PUBLIC SAFETY 11.Motion to approve updated resolutions for 911 fee collection and prepaid wireless fees. (Approved by Public Safety Committee August 28, 2018) Attachments ENGINEERING SERVICES 12.Motion to approve the Environmental Services Department - Keep Augusta Beautiful Division to create ordinances to fill Article 7 Secs. 1-4-95 to Secs. 1-4-102 of the Augusta, GA Code and to receive a report at the next committee meeting on how the current deficiencies by the garbage contractors are being addressed to include throwing and leaving the cans open and how to hold the contractors accountable for leaving the streets stained. (Approved by Engineering Services Committee August 28, 2018) Attachments 13.Motion to approve awarding Meter Purchasing for Various Successful Low Bidders from Utilities Department 2018 Meter Bid Item #18-218. (Approved by Engineering Services Committee August 28, 2018) Attachments 14.Motion to approve Confined Space Monitoring Services from Industrial Scientific.(Approved by Engineering Services Committee August 28, 2018) Attachments 15.Motion to approve the adoption of Resolution of Support of a Goal of 100% Clean Energy by 2050.(Approved by Engineering Services Committee August 28, 2018) Attachments 16.Motion to approve the assignment of design firms to specific Augusta Utilities CIP projects.(Approved by Engineering Services Committee August 28, 2018) Attachments PETITIONS AND COMMUNICATIONS 17.Motion to approve the minutes of the regular meeting of the Augusta Commission held August 21, 2018 and Special Called Meetings held August 23 and 28, 2018. Attachments ****END CONSENT AGENDA**** AUGUSTA COMMISSION 9/4/2018 AUGUSTA COMMISSION REGULAR AGENDA 9/4/2018 (Items 18-28) PUBLIC SERVICES 18.Motion to accept and authorize sponsor execution of Federal Airport Improvement Program (AIP) Grant 3-13-0011-042-2018. The Grant Agreement will obligate $13, 873,749.00 in federal grant funds to cover 90% of the costs of the following Augusta Regional Airport (AGS) Projects: 1) Rehabilitate Apron (Terminal and GA Apron Phase II) 2) Relocate Electrical Lighting 3)Vault Security Enhancements Attachments ADMINISTRATIVE SERVICES 19.AN ORDINANCE TO AMEND THE AUGUSTA, GA CODE TITLE ONE, ARTICLE FOUR, SECTION 1-7-51 RELATING TO THE ADOPTION OF PERSONNEL POLICIES AND PROCEDURES OF AUGUSTA, GEORGIA; TO AMEND CHAPTER III, SECTIONS 300.001 THROUGH 300.017 AND ALL ASSOCIATED FORMS OF THE PERSONNEL POLICIES AND PROCEDURES MANUAL REGARDING EMPLOYEE DISCIPLINE APPEALS; TO ADD SECTIONS 300.000, 300.018 and 300.019; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS Attachments AND ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. 20.Motion to consider establishing a Greater Augusta Joint Development Authority between Augusta Richmond County, Burke County, and Columbia County. (No recommendation from Administrative Services Committee August 28, 2018) Attachments PUBLIC SAFETY 21.Discuss the matter of closing fire stations due to a lack of fire personnel available to operate fire equipment and requiring off-duty firemen to work and be paid overtime. (Requested by Commissioner Marion Williams) Attachments ENGINEERING SERVICES 22.Motion to approve an annual streetlight fee of $87.00 for each residential property and $131.00 for each commercial property. All properties that are currently recognized by the city of Augusta as tax exempt will also remain exempt from the streetlight fee. Properties within the legal city limits of Hephzibah and Blythe will also remain exempt. Any exempt properties may voluntarily opt in to pay the fee. (Requested by Commissioner Sammie Sias) Attachments 23.Discuss and adopt funding proposal for comprehensive street light program. (Requested by Commissioner Wayne Guilfoyle)Attachments SUBCOMMITTEE Pension Subcommittee 24.Motion to approve soliciting an RFP for the services of a pension investment advisor for the 1945 and 1949 Pension Plans. The RFP will be submitted through the normal procurement process. (Approved by Pension Committee August 28, 2018) Attachments APPOINTMENT(S) 25.Motion to approve the appointment of two ARC members to the CSRA Unified Development Authority in accordance with the attached Resolution. (Requested by Commissioner Ben Hasan) Attachments OTHER BUSINESS 26.Motion to approve an Augusta Community Center Partnership Memorandum of Understanding between Augusta, Georgia and the Augusta Department of Recreation and Parks and 30901 Community Development Corporation regarding the operations of W.T. Johnson Community Center t 16210 Hunter Street, Augusta, Georgia. Attachments 27. Approve the Supplement Construction Contract with Reeves Construction Co. in the amount of $160,330.00 to cover additional cost of Resurfacing Regency Boulevard (Gordon Hwy to Jennings Rd.) as requested by AED. Bid: 17-243 Attachments LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 28.Motion to approve execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Upcoming Meetings www.augustaga.gov Commission Meeting Agenda 9/4/2018 2:00 PM Invocation Department: Department: Caption:Reverend Christopher J. Waters, Pastor Historic Thankful Baptist Church. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 9/4/2018 2:00 PM Chauncy L. Rogers Department: Department: Caption:Ms. Chauncy L. Rogers regarding Gold Cross cost being passed to the citizens. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo AGENDA ITEM REQUEST FORM commission meetingsr First and third ruesdays of each month - 2:00 p.m.committee meetings: second and rast Tuesdays of each month - l:00 j.m. Qrmmission/committee: (Please check one and insert meeting date) \Commission Public Safety Committee Public Services Committee Date of Meeting Date of Meeting Date of Meeting Date of Meeting Date of Meeting Date of Meeting tlQ,r[ . 16 Administative Services Committee Engineering Services Committee Finance Committee contact Information for Indlviduaupresenter Making the Request: L. Telephone Number: Fax Number: E-Mail Address: Please send this request form to the following address: Ms. Lena J. Bonner Clerk of Commission Suite 220 Municipal Buitding 535 Telfair Street Augusta, GA 30901 Telephone Number: 706{21-1820 Fax Number: 706821-1838 E-Mail Address: nmorawski@augustage.gov t*m*'{, Requests may be faxed, e-mailed or delivered in person and must be received in the Clerk,sOfflce no later than 5:00 p.m. on the Wednesday preceding the Commission meeting and5:00 p.m. on the Tuesday preceding the Committee meeting of the following week. A five-minute time limit will be allowed for presentations. Caption/Topic of Discussion to be ptaced on the Agenda: '%,W,,tfi# AwdA- n, WIL-' OEi o{ *Pu-n o{\ 08lrLt tS ,l Uqu hvUgL Commission Meeting Agenda 9/4/2018 2:00 PM 5307 Grant 2016-2018-1 Department:Augusta Public Transit Department:Augusta Public Transit Caption:Motion to approve the Sec. 5307 Augusta Public Transit grant application between the Federal Transit Administration (FTA) and Augusta, Georgia. (Approved by Public Services Committee August 28, 2019) Background:APT has been awarded a grant for $5,377,135, for Capital purchases to acquire the following items:  Buy Replacement Vans, Lease Associated Capital Maintenance, Surveillance Equipment, Bus Route Signs, Shop Equipment, Miscellaneous Support Equipment, Construction and Maintenance, Miscellaneous Communications, Preventive Maintenance, Education/Training and Enhanced ADA Access. Analysis:The approval of this grant application will allow Augusta Public Transit to continue to provide transportation service to the Citizens of Augusta-Richmond County in a more efficient manner. Financial Impact:The allocated funding breakdown is: Split Federal Local Capital $5,377,135 80/20 $4,301,709 $1,075,426 Alternatives:None. If you do not approve this grant, we will lose the money. This money will be used to help fund Transit’s capital projects. Recommendation:Approve the submission of this grant application. Funds are Available in the Following Accounts: Fund 547 Cover Memo REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo AUGUSTA, GEORGIA New Grant ProposaUApplicetion Before r D€prrtment/rgancy may rpply for the grenUrwffd otr bchrlfofAugurtr Richmond County, th.y mu3t fir3t obtrin rpprovelsignrturc fmm thc Adminblrttor lnd thc Fitrtncc Dircctor. The Administrrtor will obtrin informrtion on thc grrnt pro8rrm rrdrcquirtmcnts from thc fundinS tgcncy end rcvhw th.r€ for fc.liblllty to dctcrmine ifthis grrnUrwrrd witt Ucncnt lugusteRichmord Courty. Thc Flnrncc Dlrcctor will revlev thc frrndirg requir.mena to d.tGrminc ifthc gr!nt will flt vithin our budgctstructurr rnd linrncirl goob, Propocrl Project No. Projcct Title Requesting Crpital granr from rhe Fedcral Transit Administdion for the following: Lease Associated Capital Maintenance; Replacem€nt Vans; Security Equipment Bus Signs; Construction Bus OperationvMaintenance Facility Shop Equipmenti Miscellaneous Equip; Communication F4uipment t Employec Educatiotr/Tnining; Prcvcntive Maificnancc Enhanced ADA Access Cash Match: 20% Cash match funding source is fom General Fund EEO rcquircd (YN): No EEO Depsrtment Notified: No Strrt Drtei 08/0612018 Submit Drtc! 07t30t2018 Totel Budgcted Amount: S,377, 13S.00 Sponsor: Sponsor Typc: Purpose: EDd Drtc: 03130/2023 Dcp.nmcnt: 091 Tot.l Fundirg Agcncy: Fed Transit Adm Federal Public Transit Transit Crsh Mrtch? y 4,301,709.00 Toltl crlh Mrtch: 1,075,426.00 Flow Thru ID: GM000s F 20 TYou I cMIol5 (706)82 r- 16 t 8 Type _!LFA S. DOTTERY Approvals Drle orno-rzo r s Depr. Slgnrturc: Grant Coordioetor ncpon: GMI000_PROPOSAL - CMI000: Grants Management:l curr.rtrim.: 47:24 Contacts AUGUSTA, GEORGIA New Grant ProposaUApplication Bcforc r Depr ment/rgency m.y rpply for the gnnu.wrrd on bchrlf of Augustr Richmond County, they mu3t nrlt oblriB rpprovrl siglrturc from lha .Admitristrrtor rnd the Finuce Dircctor. Tha Administrrtor will obtri[ informrtion on the grrnt progrrm rnd requiremcnts from the funding agcncy snd review thBG for fersibility to detcrmine ifthis g[nt/rward trlll bencllt Augu3tr Richmond County. The Finrnce Dircctor will rrvi.w thc fundinS rcquiremeot to d€t.rmine ifth. gnnl will fit vithin our budget structure rnd linucirl goels. Propossl Projcct No. Project Title l.) I have reviewed the Grant application and cnclosed materisls and: o.y'ind tl,. g.antrarrard to be fssiblc to the ne€ds ofAugusts Richmond County o Deny the request &-/1y Date 2,') I havc rcviewcd the Crant application and enclosed malerials and: lApprove the Depanmenr Agency to move forward wirh thc spplication Finance DirEclor the request form will tlso bc used to provide the cxternrl ruditors with informrtion on ell grents for complionc€ rnd certificliion rcquiremcn8 rr rcquircd by the Stste rnd Federrl Government. u*n SDI1404 - SHARON DOTTERY Prg. Rcpo;r GMl000_PROPOSAL - GMl000: Granis Vanagcment:2 Crlr.nl Dri.: 07/ll20lE Crrr.ot Timc: ll:47 24 dtm n^nCA r t9.-l 0 r ar ny1l Commission Meeting Agenda 9/4/2018 2:00 PM AARP Community Challange Grant Department:Recreation and Parks Department:Recreation and Parks Caption:Motion to approve authorization for Augusta to accept a grant worth $13,750 from the American Association of Retired Persons. (Approved by Public Services Committee August 28, 2019) Background:The American Association of Retired Persons (AARP) is the nation’s largest non-profit organization dedicated to the empowering Americans aged 50 or older. This is the second year AARP has offered this nationally competitive funding opportunity. Analysis:Augusta’s project will focus on site improvements to deter vehicular traffic through the Henry H. Brigham Park, to include bollards, benches, and trees. These improvements are expected to make the park safer and friendlier for people of all ages. Financial Impact:This grant provides an additional $13,750 to Augusta to purchase bollards, trees, and benches for Henry H. Brigham Park. There is no required local match. Alternatives:1. To Approve the Resolution to authorize the Augusta to accept a grant from AARP. 2. Move No Action. Recommendation:1. Move to Approve. Funds are Available in the Following Accounts: N/A Cover Memo REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo AUGUSTA, GEORGIA New Grant Proposal/Application Before a Department/agency may apply for the grant/alvard on behalf of Augusta Richnrond Corrnty, the"v must lirst obtain approval signature tionr the Adrninistrator and the Finance Director. The Administrator will obtain inl'orrnation on the grant prograrn and requirentents from the funding agerlc.v and review these for feasibility to dett'rmine if this grant/arvard rvill benefit Augusta Richmond Corrntv. The Finance Director will review the funding requirement to determine if the grant will tit rvithin our budgef stnrcture and linanrial goals. Proposal Projcct i\rio. Projecf 'l'itle PR000168 RHCREATIO AARP Conrmunity Challenge Gmnt I'his AARP fundcd grant would assisl with thcinstallation of bollards, bcnches and trees to prvent unauthorized vehicular access to the park basketball courts, playgrclunds, picnic shehers, and rvalking track at Henry H. Bricharn Park to include rnorc" inclusive play features. No nratching funds are requircd. EEO Rcquircd: No I]REGENVEU ADMINISTRATOR'S OFFICE }'lAY 2 I 266 AUGUSTA.RICI,IMOND COUNTY StartDate: 06i25i20lll Submit Date: 05116i2018'l'otalBudgetedAmount: 13,753.00 Spousor: (1M0039 Sponsor Type: PV] Purpose: l3 Name f,nd Date: lll05/20ltl Department: 061 Total Funding Agency: Associate State Dir.-Clomrn. Outreach Private Entity Comnrunity Contacts Recreation Cash illafch? N 13,753.00 Total Cash lVlatch: 0.00 FIow Thru ID: PhoneT"vpe lI)P c;utoz+Christa Jordan (706)842-2682 'rypc FA Bv C PARKER Date as,212018 Approvals Dcpf. Signature: Grant Coortli q- -t ).-tY Date ?$(a- L) I have rcvicrved thc Grant application and enclosed rnaterials and: -f{athe grantlarvtrd to be feasible ro the needs of Augr,rsta Richmond County 0 Deny the request Davvn.,3t ,t.eC .',:, Finance f)irector 2.) ],,tlavc l'cvicwcd thc Glant application aud enclosed matcrials and: ,/Orrrurrthc l)cparttneut Agcncy to rnovc fbrrvard with the application form rvill also be rXcd to providc tlre crtc'rnal auditors with infornration on all grants for conrpliancc and certification requirements as required b1,the State and Federal Governnrent, User: Report: CJ I 835 I - Clhrista Jordan page C;N.{l000_PROPOSAI- - Glv{1000: Grants Managerneut: I Current Date: 05r'2li20lll Crrrrr:nt 'l ime: l0: l-1:.1() Deny the reqllest S Lb AARP LTVABLE COM M UN tTtES (/L|VABLE-COMMU NtTt ES/) About Us v fJinxe AARP Community Challenge 2018 Apply today! "Quick-action" grants to make communities livable for people of all ages AARP Livable Communities (/livable-communities/) Grants to make for people of all communities livable ages aa rP .org/ com m u n itycha I Ienge We know it takes time to build great communities. But, we also believe that quick action can spark longer- term progress. The AARP Community Challenge funds projects that build momentum for localchange to improve livability for all residents. ln2017, the AARP Community Challenge awarded 88 grants. 2018 TIMELINE . March 21: Launch of the 2018 AARP Community Challenge. May 16: Applications are due by 5 pm ET . June 25: Winning applicants will be notified by email by this date . November 5: All projects must be completed . December 3: After Action Reports due Grant applications must be submitted online by using the link below. However, we recommend that you f irst watch this short video (httpslyrmeosqnladpnroaOcast/ revie ), read oll of the information noted below and download the following PDF attachments, especially the application questionnaire, which is provided so you can prepare your answers offline and then copy and paste your text into our web-based application. . About the AARP Community-.lehallengg(/content/dam/aar@ 2018/AARP9o20Community:%t2Qeha[cnge/2018-2-aarpls:aboutpdl). . AARP Communitylhallcnge Flycl(/content/dam/aar@ 2O18lAARP%2OCommunity:96,29eha1!enge/2o18-1 -aarpSCdycr,piI) . SamplgABpllSallgn_Questionnaire (/content/dam/aarpllivable-communi 2O18/AARP9o2OCommunity.%2gghauelge/2018-A-aarplqapplicaliglL_questionnaire- rueuteutpdf). Samplc_Appjleaton_Langgggg(/content/dam/aarpllivable-communi 2O18IAARP962OCommunity%t29eha[enge/2018-E-aarpjcjppllgatlg]r:examples.pdl). Sample Sfler.Acllon_BepjrllgrliVlnnug Grantees (/content/dam/aarp_ll!!trllc: communities/documents-2018/AARP9o20Community:%,29Qhallgnge/2018-B-aarpCS:alICI: action -repprtln g.pr!! ). lnspUng ExampleSEAO2AlZ(online article)_(/livable-communities/about/info-2ol7/aarp: community:ghallCnge-2017-f eatured-p-roject-examp_lelhlnnl). When you're ready to complete the online application APPLY HERE (HTTPS://APP.REVIEWR.COM/AARP/SITE/AARP COMMUNITYCHALLENGE) Questions con be emoiled to CommunitvChollenSe@AAB4qlS @siltgognmuortyshslelSe@qtp,gg) Elisibility The program is open to the following types of organizations: . 501(cX3), 501(c)(a) and 501(c)(6) nonprofits . Government entities . Other types of organizations, considered on a case-by-case basis Acceptable Projects For the 2018 AARP Community Challenge, AARP will prioritize projects that aim to achieve the following outcomes: . Deliver a range of transportation and mobility options in the community through permanent or temporary solutions that increase connectivity, walkability, bikeability and/or and access to public and private transit. . Cr".t" vibrant public places in the community through permanent or temporary solutions that improve open spaces, parks and access to other amenities. . Support the availability of a range of housing in the community through permanent or temporary solutions that increase accessible and affordable housing options. . Other community improvements. We want to know the most important needs in your community and the best quick-action ideas you have to address them. Community Challenge grants can be used to support the following types of projects in the community. The proposed project types described below will be prioritized over those that suppon ongoing programming or events: . Permanent physical improvement in the community. Temporary demonstrations that lead to long-term change. New, innovative programming or services The following projects are NOT eligible for funding: . Partisan, political or election-related activities. Planning activities and assessments and surveys of communities. Studies with no follow-up action. Publication of books or reports. Acquisition of land and/or buildings . Sponsorships of other organizations' events or activities. Research and development . Promotion of a for-profit entity and/or its products and services Grant Amounts lf your idea is big, no project is too small! Grants can range from several hundred dollars for small, short- term activities to several thousand for larger projects. A-Z ArchivessEE ALL > (/LtvABLE-coMMUNrnEs/ARcHtvEs/) dge-Friendliness (/livable-communities/archives/info-2014/age-friendly:e en0l0unilGihllE!) 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Follow us on Twitter: @AARPLivable (httpsllwtleleqnlAABPlryable) (httpsltwlller.eqnlAABPlL-va blc) [s '], ?tJ\s- 1 July 10, 2018 MEMORANDUM OF UNDERSTANDING Grant Agreement This MEMORANDUM OF UNDERSTANDING (“Agreement”) serves as an agreement between AARP, a social welfare organization located at 601 E Street, NW, Washington, DC 20049 and Augusta Recreation and Parks Department, another Unit of Government located at 2027 Lumpkin Rd. Augusta, GA 30906 (“Organization”). Whereas, AARP wishes to grant Organization funding for the purposes set forth herein, and Organization wishes to perform the grant activities described herein. Therefore, the parties agree as follows: AARP Grant Terms and Conditions. AARP shall provide Organization with grant funding of $13,750.00 (“Grant Funds”) for the purpose of creating vibrant public places through park enhancements (“Goal”) so that Organization may perform the activities described herein between July 15, 2018 and November 5, 2018 (“Grant Period”). Payment shall be provided according the schedule herein, and subject to the following terms and conditions: a. Grant Fee Schedule. AARP shall disburse Grant Funds to Organization, according to the schedule below. Following the initial disbursement, each disbursement is contingent upon approval by AARP given commensurate with progress towards Organization’s Goal, as demonstrated in any programmatic and financial reports and as determined in AARP’s sole discretion. i. AARP will provide a one-time payment of $13,750.00 b. Scope of Grant and Anticipated Activities to be Funded. Organization shall use the Grant Funds to undertake the following activities and achieve the following deliverables (collectively “Grant Activities”): i. The Organization will purchase and install five (5) benches, five (5) stationary bollards, and five (5) folding bollards at key locations of vehicular access to the outdoor courts, walking tracks and playgrounds at Henry H. Brigham Park to ensure park users are safe from vehicular access. Maintenance crews will have access for mowing, mulching, and other routine maintenance. ii. The Organization will plant eight (8) street trees between the walking track and Golden Camp Road, which is a busy thoroughfare located ten feet from the walking trail; plant twelve (12) shade trees at key locations throughout the park to provide a cooler environment; and better delineate the interior of the park from the surrounding roadways. iii. The Organization will partner with Age-Friendly Augusta to pilot an outdoor Tai Chi program consisting of at least five (5) classes. Participation data will be collected to determine longer-term program continuation, frequency, and possible expansion. Publicity will consisting of flyers, Facebook posts, and announcements at area community meetings. iv. Project(s) will be complete by November 5, 2018. v. All AARP-approved promotional materials (such as newsletters, press releases) will include a statement about funding support from AARP. 2 vi. Event and/or site signage will include AARP-provided branding and language. vii. Organization will send After Action Report with visuals (photos and/or video) to AARP national office by December 3, 2018. Instructions on submitting the report will be sent to grantees in September. c. Reporting Requirements. Grantee shall submit a financial and programmatic report to AARP within thirty (30) days of the expiration of the Grant Period, detailing all progress or achievement of the activities described herein. The report shall include an itemized listing of any and all expenditures and draw-downs of the Grant Funds made during the Grant Period. d. Documentation and Right to Audit. Organization shall retain invoices, receipts, accounting records and other supporting documentation for at least five (5) years following the expiration of the Grant Period. Organization shall maintain books and records consistent with generally accepted accounting principles and good business practices. AARP retains the right to audit Organization’s books and records upon reasonable notice, for the limited purpose of confirming that funds are expended and drawn down solely to conduct Grant Activities and in accordance with the terms of this Agreement. 2. Permissible Use of Funds, Repayments, and Refunds. Organization shall use the Grant Funds exclusively for the performance of Grant Activities. AARP retains the right to receive an immediate refund of all improperly expended or unearned funds, as determined in AARP’s sole reasonable discretion, from Organization upon written demand. If Organization anticipates a change in the scope or direction of Grant Activities, it must procure prior written approval from AARP before expending Grant Funds for any activity not specifically detailed herein. Furthermore, upon the expiration of the Grant Period or if Organization fails to comply with any term of this Agreement, Organization agrees to return any unexpended portion of the Grant Funds in Organization’s possession upon written demand from AARP. 3. Term and Termination. The effective date of this agreement shall be the date of execution, and the Agreement shall automatically terminate on December 31, 2018. The Agreement may be terminated by AARP at any time and for any reason upon written notification to Organization. Upon such termination, Organization shall not be required to return any portion of the paid Grant Funds to AARP, and AARP shall have no further obligation to provide Organization with any unpaid portion of the Grant Funds. 4. No Implied Agency. Nothing in this Agreement shall be deemed to create any partnership, joint venture, joint enterprise, or agency relationship among the parties, and no party shall have the right to enter into contracts on behalf of, to legally bind, to incur debt on behalf of, or to otherwise incur any liability or obligation on behalf of, the other party hereto, in the absence of a separate writing, executed by an authorized representative of the other party. Each party shall be solely responsible for its employees and contractors used to provide the Agreement. 5. No commercial or political activity. Both parties recognize that AARP is a non-profit, non-partisan tax- exempt organization and agree that the Grant Funds will not be used to support or oppose political candidates or initiatives. Notwithstanding any specific deliverable herein, Grant Funds shall not be used to promote any commercial product or for-profit corporation. Indemnification. Each Party (an “Indemnifying Party”) shall indemnify, hold harmless, and defend the other Party, its affiliates, and their respective partners, officers, directors, employees, contractors, agents and representatives (each of whom is an "Indemnified Party") against all liability, costs, actions, suits, judgments, Commented [JS1]: Check to ensure that Finance is okay with this. Commented [JS2]: We cannot indemnify, 3 damages, and expenses (including reasonable attorneys' fees and court costs) arising out of or resulting from (a) the negligent, reckless or willful acts or omissions of Indemnifying Party, its officers, directors, employees, members, independent contractors, or agents, (b) Indemnifying Party’s breach of this MOU, including failure to provide the services and work as set forth in this MOU; and (c) any claim that the services or work product of the Indemnifying Party provided under this MOU infringe or violate the intellectual property or other rights of third parties, except to the extent caused by the Indemnified Party. The Parties acknowledge and agree that the indemnity specified herein will include, without limitation, indemnification for settlements or compromises of matters covered by this indemnity. The Indemnifying Party shall not settle any such suit or claim without the Indemnified Party's prior written consent if such settlement would be adverse to the Indemnified Party’s interest. The Indemnified Party may, at its option, conduct the defense in any third party action arising as described above and the Indemnifying Party agrees fully to cooperate with such defense. The obligations and rights granted in this Section 6 shall survive the expiration and termination of the Agreement. 7.6. Insurance. Both parties agree to carry and maintain comprehensive general liability and professional liability in an amount not less than one million dollars ($1,000,000) and workers’ compensation insurance in an amount as required by applicable law covering all personnel engaged in the furnishing of services under this Agreement for the duration of the Grant Period. 8.7. Acknowledgment and Trademark Licenses. Organization shall acknowledge AARP in any press release, public announcement, or publicly-released documents related to the Grant Activities detailed herein. To that end, AARP grants Organization a royalty-free non-exclusive, revocable license to use its name and corporate logo solely for that purpose upon the advance written approval of AARP in each instance. In addition, Organization grants AARP a non-exclusive, royalty-free, world-wide, license to use Organization’s corporate trademark, including its name and/or logo for the limited purpose of communications regarding the grant between AARP and Organization to AARP members, the 50+ and the general public in promotion of AARP in all media and mediums, including without limitations, broadcast, print, online and AARP membership materials until the expiration or termination of this Agreement. All trademark licenses granted under this section are non- transferrable and shall automatically terminate at the expiration or termination of this Agreement. 9.8. Publicity. Notwithstanding any specific deliverable herein, neither party may issue a press release, hold a press conference, or otherwise refer to the other party in any manner with respect to this Agreement without the prior written consent of such other party. 10.9. Warranties. Each Party hereby represents and warrants that: (a) it has full power and authority to enter into this Agreement and perform its obligations hereunder; (b) it is duly organized, validly existing and in good standing under the laws of the jurisdiction of its origin; (c) it has not entered into, and during the Term will not enter into, any agreement that would prevent it from complying with this Agreement; (d) it will comply with all applicable laws and regulations in its performance of this Agreement; and (e) the content, media and other materials used or provided as part of the Agreement shall comply with all applicable laws and regulations and shall not infringe or otherwise violate the intellectual property rights, rights of publicity or other proprietary rights of any third party. If necessary, Organization shall enter into written agreements and obtain written releases from third parties, in order to ensure that any work product can be used by AARP as contemplated herein. 11.10. Confidentiality and Privacy. Both parties agree to take commercially reasonable measures to protect information obtained from the other, provided information is marked “confidential” or is of such a nature Commented [JS3]: I don’t think that we should agree to this. 4 that the recipient party has reason to believe it is confidential. Organization shall not rent, sell, lease, distribute, or otherwise knowingly make available to any third party any information obtained from AARP about AARP, AARP members, or any AARP activity, unless (i) prior written authorization has been obtained; or (ii) Organization is required to release information by valid subpoena or court order. This section shall survive the expiration or termination of this Agreement. 12.11. Additional Terms. Organization shall not assign or otherwise transfer the Agreement, including by change of control, to any party without the prior written consent of AARP. This Agreement represents the entire agreement between Parties and replaces any prior agreement or proposed variation. Should there be any conflict between any forms or documents exchanged by the Parties, the terms and conditions of this Agreement shall govern. This Agreement shall be amended only by mutual written agreement executed by all Parties or their respective designees. The Parties agree that this Agreement will be governed by the Laws of the District of Columbia without regard to District of Columbia conflict of laws statutes/rules. If any portion of this Agreement shall be declared illegal, void or otherwise unenforceable, the remaining provisions will not be affected, but will remain in full force and effect. 13.12. Notice. For purposes of this Agreement, the following individuals shall serve as points of contact, including delivery of reports, for both AARP and the Organization: AARP Organization Jean Setzfand Glenn Parker SVP, Programs Recreation and Parks Department Director 601 E Street, NW 2027 Lumpkin Road WDC 20049 Augusta, GA 30906 Communitychallenge@aarp.org 706-796-5025 gparker@augustaga.gov ACCEPTED AND AGREED TO BY: AARP By: ___________________________ Printed Name: Jean Setzfand ____ Title: SVP, Programs __________ Augusta Recreation and Parks Department By: ___________________________ Printed Name: __________________ Title: __________________________ 5 Commission Meeting Agenda 9/4/2018 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Location Application: A.N. 18-28: A request by Kandis Michelle Bonner for a retail package Beer & Wine License to be used in connection with Rising Sun, LLC dba Sun Food Mart located at 3995 B Old Waynesboro Rd. District 6. Super District 10. (Approved by Public Services Committee August 28, 2018) Background:This is a New Location Application. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a pro-rated fee of $665.00. Alternatives: Recommendation:Staff reserves its recommendation pending further discussion and/or dissemination of additional information during the Public Services Committee meeting. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY:Cover Memo Law Administrator Clerk of Commission Cover Memo Commission Meeting Agenda 9/4/2018 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Location Application: A.N. 18- 29: request by Nash William Patton for an on premise consumption Beer & Wine License to be used in connection with Augusta Deli dba Groucho's Deli-Augusta located at 758 Broad Street. There will be Sunday Sales. District 1. Super District 9. (Approved by Public Services Committee August 28, 2018) Background:This is a New Location Application. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a pro-rated fee of $1,870.00, Alternatives: Recommendation:Staff reserves its recommendation pending further discussion and/or dissemination of additional information during the Public Services Committee meeting. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Law Administrator Clerk of Commission Cover Memo Commission Meeting Agenda 9/4/2018 2:00 PM Approve Contract Term Extension with Bateman (Compass – USA) Department:Recreation and Parks Department:Recreation and Parks Caption:Motion to approve Contract Term Extension with Bateman (Compass – USA) July 1, 2018 – June 30, 2019.(Approved by Public Services Committee August 28, 2018) Background:The Recreation and Parks Department operates six senior nutrition sites throughout the county through a partnership with the CSRA Regional Commission Area Agency on Aging that provides state and federal funds for meals to senior citizens including home delivery. Analysis:The CSRA Regional Commission selected Bateman (Compass- USA) as the qualified food vendor for FY2016 – 2019 as part of a multi-year agreement. A Resolution to Enter Contract with Bateman (Compass – USA) was approved and effective July 5, 2016. Financial Impact:The requested contract extension reflects no changes to the approved rates of $4.45 per meal and $1.30 per home delivered meal. Alternatives:1. To Approve the Contract Term Extension with Bateman (Compass-USA) July 1, 2018 – June 30, 2019. 2. To Deny would result in forfeiting grant funds for the reimbursement of congregate and homebound meals for senior nutrition program. Recommendation:To Approve the Contract Term Extension with Bateman (Compass-USA) July 1, 2018 – June 30, 2019. Funds are Available in the Following Accounts: 220054322 Cover Memo REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo 101 Pine Park Drive, Lafayette, LA 70508 Phone 337.593.0433 Fax 225.208.1504 April 1, 2018 Augusta/Richmond County (CSRARC) 2027 Lumpkin Rd. Augusta, GA 30906 RE: Contract Term Extension To Whom it May Concern: Bateman Community Living (“Bateman”) provides meals and other related services to Central Savannah River ARC under a 2016 contract between the parties effective July 5, 2016, as amended thereafter (the “Agreement”). The purpose of this letter is to acknowledge that Bateman remains the CSRARC AAA region’s qualified food vendor such that the Agreement will renew for an additional twelve (12) month period from July 1, 2018 through June 30, 2019, as part of the broader multi-year agreement with CSRARC. Per the terms of the Agreement, there is a non-delivery fee of $1.30 per meal for all home-delivered meals. This includes, but is not limited to, any attempted meal delivery where Bateman attempts to deliver a five-pack meal, but no one is home to accept the delivery. In this example, the non-delivery fee assessed would be a total of $6.50 ($1.30 for each of the 5 meals in the pack). The parties agree that, subject to the terms herein, the terms of the Agreement will remain in full force and effect. Please sign where indicated below to acknowledge your consent to the terms and conditions contained in this letter. I am enclosing two copies of this letter for you to sign. Please keep one for your records and return one of the signed copies to our RVP Office. Thank you for allowing us to continue to be of service to Augusta/Richmond County. Please do not hesitate to let me know if you have any questions or concerns. Sincerely, Acknowledged and Agreed to: ____________________________ Magi Brettler Hardie Davis, Mayor Regional Vice President ____________________________ /sk Date Commission Meeting Agenda 9/4/2018 2:00 PM JBT Jet Bridge Contract Department:Augusta Regional Airport Department:Augusta Regional Airport Caption:Motion to approve the contract with JBT Aero Tech Corporation (JBT) in the amount of $1,356,469.00 for the purchase of two (2) Passenger Boarding Bridges. (Approved by Public Services Committee August 28, 2018) Background:The Augusta Regional Airport (AGS) is requesting approval for contract execution with JBT Aero Tech Corporation for the purchase and acquisition of two passenger boarding bridges. The total contract cost, which includes equipment, design, delivery and installation, is $1,356,469.00. The passenger boarding bridges are the tunnel-type devices that facilitate the transition of aircraft passengers from the aircraft to the terminal boarding area and vice versa. AGS currently has one passenger boarding bridge that exclusively services one of our two commercial airline carriers. On November 30, 2017 and January 16, 2018 respectively, the Augusta Aviation Commission and the Augusta Commission approved a sole source process by the Augusta Richmond County Procurement Department for this purchase Analysis:ANALYSIS: The following are some of the benefits AGS will derive from the new PBBs: 1) Safer and more efficient transition of passengers 2) Protection (passengers & employees) from the elements 3) ADA-related accommodations (e.g., wheelchairs, limited mobility, disabled, etc.) 4) Service and perception upgrades (e.g., first class, elimination of ground boarding, etc.) 5) Improved ability to accommodate new entrant airline service, charters, and special events (e.g., The Masters Operation) Financial Impact:On November 30, 2017 and January 16, 2018 respectively, the Augusta Aviation Commission and the Augusta Commission approved a sole source process by the Augusta Richmond County Procurement Department for this purchase Cover Memo Alternatives:deny Recommendation:August Aviation Commission requests approval Funds are Available in the Following Accounts: Fund 551 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 9/4/2018 2:00 PM Sommers Construction Company Change Order 3 Department:Augusta Regional Airport Department:Augusta Regional Airport Caption:Motion to approve Sommers Construction Company Change Order Number 3 in the amount of $7,018.00. (Approved by Public Services Committee August 28, 2018) Background:This is in support of the Airport's Restroom Renovations Project. The purpose of this CO is to install metal stud framing in the ceiling to support the restroom partitions. Analysis: Financial Impact:$7,018.00 Alternatives:Deny Recommendation:Airport Aviation Commission Requests Approval Funds are Available in the Following Accounts: Fund 551 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Cover Memo Commission Meeting Agenda 9/4/2018 2:00 PM Bid #18-186: 2019 - RCSO-=Crime Scene Trucks Department:Central Services - Fleet Management Division Department:Central Services - Fleet Management Division Caption:Motion to approve the request from the Richmond County Sheriff’s Office for the purchase of two crime scene vehicles. Bid Item #18-186. (Approved by Administrative Services Committee August 28, 2018) Background:The Richmond County Sheriff’s Office is requesting the purchase of two 2019 Ford F250s to replace two older model crime scene vehicles. These vehicles will be purchased using the funds from Narcotics property sales (212). Analysis:The Procurement Department published a competitive bid using the Demand Star application for Pickup Trucks 9,800 GVWR with the following results: Bid 18-186 Pickup Trucks 9,800 GVWR: 2019 Ford F250 - Allan Vigil Ford - $35,107.00 Financial Impact:2 – 2019 Ford F250s @ $35,107.00each for the Sheriff's Office using Narcotic’s property sales funds. The total of this purchase is $70,214.00 (ACCT# 212-03-1210/54-22210) Alternatives:(1) Approve the request; (2) Do not approve the request Recommendation:Approve the purchase of 2 - Ford F250s for the Richmond County Sheriff’s Office. Funds are Available in the Following Accounts: 212-03-1210/54-22210 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 Friday, April 20, 2018 @ 11:00 a.m. for furnishing: Bid Item #18-186 Pickup Truck 9800GVWR for Augusta, GA Central Services Department - Fleet Maintenance 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, April 6, 2018 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference an eligible bidder must submit a completed and signed written application to become a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project. An eligible bidder who fails to submit an application for approval as a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project, and who otherwise meets the requirements for approval as a local bidder, will not be qualified for a bid preference on such eligible local project. No 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. 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 March 15, 22, 29, April 5, 2018 Metro Courier March 15, 2018 OFFICIAL VENDORS Allan Vigil 6790 Mount Zion Blvd Morrw, GA 30260 Fairway Ford 4333 Washington Rd Evans, GA 30809 Attachment B Yes Yes E-Verify Number 94460 689847 SAVE Form Yes Yes Year 2019 2019 Make Ford Ford Model F250 F250 Approximate Delivery Schedule 90-120 days 90-120 ARO 5.01 2018/2019 Pickup Truck 9800 (3/4 ton)$21,670.00 $21,985.72 6.01 6.7L V8 Diesel Engine – 99T $8,395.00 $9,120.00 6.02 4X4 Option – F2B $2,600.00 $3,240.00 6.03 Skid Plates (4X4 Only) $95.00 $145.00 6.04 LT245 All Terrain Tires $160.00 $195.00 6.05 Super Cab Long Bed-X20I $2,325.00 $3,100.00 6.06 Super cab short Bed-X20S $2,110.00 $2,930.00 6.07 Crew Cab Long Bed – W20I $3,475.00 $3,480.00 6.08 Crew Cab Short Bed-W20S $3,300.00 $3,260.00 6.09 Roof Clearance Lights $89.00 $126.00 6.10 Cruise Control $225.00 $285.00 6.11 Cab steps $355.00 $355.00 6.12 AM-FM-CD $525.00 $589.00 Pickup Truck 9800GVWR: Total Number Specifications Mailed Out: 18 Total Number Specifications Download (Demandstar): 2 Total Electronic Notifications (Demandstar): 55 Total Number Specifications Mailed to Local Vendors: 2 Mandatory Pre-Bid/Telephone Conference: NA Total packages submitted: 2 Total Non-Compliant: 0 Vehicle/Optionals Required: 6.00 Manufacturer options: Bid Opening Item #18-186 Pickup Truck 9800 GVW for Augusta, Georgia- Central Services Department-Fleet Division Bid Due: Friday, April 20, 2018 @ 11:00 a.m. Page 1 of 4 OFFICIAL VENDORS Allan Vigil 6790 Mount Zion Blvd Morrw, GA 30260 Fairway Ford 4333 Washington Rd Evans, GA 30809 Total Number Specifications Mailed Out: 18 Total Number Specifications Download (Demandstar): 2 Total Electronic Notifications (Demandstar): 55 Total Number Specifications Mailed to Local Vendors: 2 Mandatory Pre-Bid/Telephone Conference: NA Total packages submitted: 2 Total Non-Compliant: 0 Bid Opening Item #18-186 Pickup Truck 9800 GVW for Augusta, Georgia- Central Services Department-Fleet Division Bid Due: Friday, April 20, 2018 @ 11:00 a.m. 6.13 Limited Slip Axle $365.00 $485.00 6.14 Engine Block Heater $85.00 $135.00 6.15 PTO Transmission $270.00 $335.00 6.16 Trailer Brake Controller $255.00 $325.00 6.17 Daytime Running Lights - 942 $42.00 $58.00 6.18 Reverse Aid sensor $235.00 $295.00 6.19 XL Value Package $945.00 $235.00 6.20 Ford SYNC $525.00 $525.00 6.21 Power Windows $1,050.00 $1,340.00 6.22 Aluminum Wheels n/a $1,135.00 6.23 Cloth 40/20/40 Bench Seat $295.00 $415.00 6.24 Dual Alternators (Diesel Only)$331.00 $235.00 6.25 200 Amp HD Alternator $80.00 $128.00 6.26 Upfitter Switches $160.00 $225.00 6.27 Spray-in Bedliner $375.00 $420.00 6.28 Tailgate Step $345.00 $430.00 6.29 Bed & Camera Delete 249. credit 625. credit 6.30 Spring package for bed delete $115.00 $185.00 6.31 Rearview Camera (bed delete)$378.00 $495.00 6.32 CNG/Propnae Prep Package $310.00 $490.00 Page 2 of 4 OFFICIAL VENDORS Allan Vigil 6790 Mount Zion Blvd Morrw, GA 30260 Fairway Ford 4333 Washington Rd Evans, GA 30809 Total Number Specifications Mailed Out: 18 Total Number Specifications Download (Demandstar): 2 Total Electronic Notifications (Demandstar): 55 Total Number Specifications Mailed to Local Vendors: 2 Mandatory Pre-Bid/Telephone Conference: NA Total packages submitted: 2 Total Non-Compliant: 0 Bid Opening Item #18-186 Pickup Truck 9800 GVW for Augusta, Georgia- Central Services Department-Fleet Division Bid Due: Friday, April 20, 2018 @ 11:00 a.m. 6.33 Exterior Color Not in Base Price Color: ___________$650.00 N/C 6.34 Exterior Color not in Base Color: ___________$650.00 N/C 6.35 Exterior Color not in Base Color: ___________$650.00 N/C 6.36 Interior Color not in Base Color: ___________$650.00 N/C 6.37 Interior Color not in Base Color: ___________$650.00 N/C 6.38 Interior Color Not Included in Base Price Color: ___________$650.00 N/C 6.39 Delivery Fee per Vehicle $150.00 N/C 7.01 Fire extinguisher $55.00 N/C 7.02 Outlet receptacle $55.00 N/C 7.03Toolbox $425.00 $395.00 7.04 Trailer hitch $50.00 $395.00 7.05 Trailer wiring Standard $95.00 7.06 Trailer ball $25.00 N/C 7.07 Window tint, regular cab $125.00 $125.00 7.08 Window tint, extended cab $140.00 $145.00 7.09 Window tint, crew cab $155.00 $165.00 7.10 Add on step $200.00 $495.00 7.11 Backup alarm $65.00 $65.00 7.12 Drill Free Light Bar Cab Mount $690.00 $660.00 7.13 LED top mount light $690.00 $670.00 7.00 Outfitter's Specialty Items: Page 3 of 4 OFFICIAL VENDORS Allan Vigil 6790 Mount Zion Blvd Morrw, GA 30260 Fairway Ford 4333 Washington Rd Evans, GA 30809 Total Number Specifications Mailed Out: 18 Total Number Specifications Download (Demandstar): 2 Total Electronic Notifications (Demandstar): 55 Total Number Specifications Mailed to Local Vendors: 2 Mandatory Pre-Bid/Telephone Conference: NA Total packages submitted: 2 Total Non-Compliant: 0 Bid Opening Item #18-186 Pickup Truck 9800 GVW for Augusta, Georgia- Central Services Department-Fleet Division Bid Due: Friday, April 20, 2018 @ 11:00 a.m. 7.14 County Emergency Equipment Package $808.00 $782.00 Page 4 of 4 Commission Meeting Agenda 9/4/2018 2:00 PM Bid #18-226: 2018 - 15 Pass Bus and Bid #18-229 F-350 Department:Central Services Department - Fleet Management Division Department:Central Services Department - Fleet Management Division Caption:Motion to approve a requests from Central Services Department-Fleet Management Division to purchase from Bid Item #18-226: one (1) 15-Passenger Cutaway Bus and Bid #18- 229 Engineering Department requests the purchase of one (1) F-350 Pickup Truck. (Approved by Administrative Services Committee August 28, 2018) Background:The Central Services Department is requesting to purchase one 15 Passenger Cutaway Style Bus to be used in the transport of Augusta-Richmond County personnel to periodic training and required functions. The Engineering Department is requesting one F-350 to transport the pot hole patching crew and their equipment. This truck will replace a 17 year old truck with 198, 925 miles on it. Bid Tab sheets and a vehicle evaluation is attached for your review. Analysis:The Procurement Department published a competitive bids using the Demand Star application for a 15 Passenger-Cutaway Style Bus and Pickup Truck, 10,000 GVWR. Invitations to bid were sent to five vendors: Bid 18-226: 2019 Elkhart Coach EC11– Alliance Bus Group: $49,955.00 (College Park, GA); 2019 Elkhart Coach EC11- Creative Bus Sales : $51,000.00 (Atlanta, GA); 2018 Ford F-350 – TESCO of Ohio: $55,614.00. Bid 18- 229: 2019 Pickup Truck – 10,000GVWR – Allen Vigil Ford: $42,764.00 Financial Impact:1 – 2019 Elkhart Coach EC11 - @ $49,955.00 (272-01- 6440/54.22110) and 1- 2019 Ford F-350 will be purchased with Capital Outlay (272-01-6440/54.22210) Alternatives:(1) Approve the request; (2) Approve the request in part, (3) Do not approve the request. Cover Memo Recommendation:Approve the purchase of 1 - 15 Passenger Cutaway Style Bus for the Central Services Department-Fleet Management Division. Funds are Available in the Following Accounts: Bid #18-226 Passenger Bus - 272-01-6440/52.22110 Bid #18- 229 F-350 Pickup Truck - 272-01-6440/54.22210 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo OFFICIAL Vendors Alliance Bus Group 1926 Hyannis Court College Park, GA 30337 Creative Bus Sales 1525 Willingham Dr Atlanta, GA 30344 Tesco 5464 Navarre Ave Oregon, OH 43616 The Bus Center 6838 Oak Ridge Commerce Way Austell, GA 301686 Attachment B YES YES YES Late - Noncompliant E-Verify Number 742287 NO - Noncompliant 1311864 Addendum 1 YES YES YES SAVE Form YES YES YES Bid Price $49,955.00 $51,000.00 $55,614.00 Year 2019 2019 2018 Make ELKHART COACH ELKHART COACH FORD Model EC11 EC11 E350 Delivery Fee INCLUDED 0 INCLUDED Approximate Delivery Time 120 DAYS 91-150 DAYS 8/24/2018 2018/2019 Bus, 15 PAX (Incl. Driver), Cutaway Style, Transport Total Number Specifications Mailed Out: 7 Total Number Specifications Download (Demandstar): 5 Total Electronic Notifications (Demandstar): 129 Total Number of Specifications Mailed Out to Local Vendors: 1 Total packages submitted: 3 Total Non-Compliant: Bid Opening Item #18-226 15 Passenger Bus – Cutaway Style for Augusta, Georgia – Central Services Department-Fleet Maintenance Division Bid Due: Friday, June 29, 2018 @ 11:00 a.m. Page 1 of 1 OFFICIAL 0 Bid #18-229 10,000 GVW Series for Augusta, Georgia - Central Services Department- Fleet Maintenance Division Bid Opening Date: Friday, June 29, 2018 at 11:00 a.m. Vendors Allan Vigil Ford 6790 Mt. Zion Blvd Morrow, GA 30260 Attachment B Yes E-Verify Number 94460 SAVE Form Yes 5.01 2018/2019 Pickup Truck, Rg Cab 10000 GVW $22,885.00 6.01 6.7L diesel Engine $8,359.00 6.02 4x4 Option $4,175.00 6.03 Skid Plates (4x4 only)$95.00 6.04 LT 245 All Terrian tires $160.00 6.05 Manual Shift and Hubs N/C 6.06 Extended/Super Cabs Long $3,975.00 6.07 Extended/Super Cabs Short $3,790.00 6.08 Crew Cab Long $4,165.00 6.09 Crew Cab Short $4,010.00 6.10 Dual Rear Wheels $2,335.00 6.11 Cruise Control $225.00 6.12 Cab Steps $355.00 6.13 AM/FM/MP3/SYNC $525.00 6.14 Limited Slip Axle $365.00 5.00 10,000 GVW Series Vehicle and Options Required 6.00 Manufacturer Options: Total Number Specifications Mailed Out: 18 Total Number Specifications Download (Demandstar): 73 Total Electronic Notifications (Demandstar): 5 Total Number of Specifications Mailed Out to Local Vendors: 2 Mandatory Pre-Bid/Telephone Conference: Total packages submitted: 1 Total Noncompliant: 0 Page 1 of 4 OFFICIAL 0 Bid #18-229 10,000 GVW Series for Augusta, Georgia - Central Services Department- Fleet Maintenance Division Bid Opening Date: Friday, June 29, 2018 at 11:00 a.m. Vendors Allan Vigil Ford 6790 Mt. Zion Blvd Morrow, GA 30260 Total Number Specifications Mailed Out: 18 Total Number Specifications Download (Demandstar): 73 Total Electronic Notifications (Demandstar): 5 Total Number of Specifications Mailed Out to Local Vendors: 2 Mandatory Pre-Bid/Telephone Conference: Total packages submitted: 1 Total Noncompliant: 0 6.15 Engine Block Heater $85.00 6.16 PTO Transmission $270.00 6.17 Trailer Brake Control $255.00 6.18 Daytime Running Lights $42.00 6.19 Reverse Aid Sensor $235.00 6.20 XL Value Pkg $945.00 6.21 Rear Window Defrost $65.00 6.22 Power Windows $1,050.00 6.23 Cloth 40/20/40 $295.00 6.24 Dual Alternators $331.00 6.25 200Amp HD Alernator $80.00 6.26 Upfitter switches $160.00 6.27 Spray-in Bedliner $375.00 6.28 Spring Package for Bed $115.00 6.29 Bed and Camera -$249.00 6.30 Rear View camera $378.00 Kit Only 6.31 Package for XLT $5,590.00 6.32 Power Driver seat $1,349.00 6.33 CNG $310.00 6.34 Gooseneck Prep and Hitch $885.00 4x4 Only 6.35 Exterior Color not in Base $608.00 Green 6.36 Exterior Color not in Base $608.00 Green Gem 6.37 Exterior Color not in Base $608.00 Orange 6.38 Interior Color not in Base $608.00 Vermillion Red Page 2 of 4 OFFICIAL 0 Bid #18-229 10,000 GVW Series for Augusta, Georgia - Central Services Department- Fleet Maintenance Division Bid Opening Date: Friday, June 29, 2018 at 11:00 a.m. Vendors Allan Vigil Ford 6790 Mt. Zion Blvd Morrow, GA 30260 Total Number Specifications Mailed Out: 18 Total Number Specifications Download (Demandstar): 73 Total Electronic Notifications (Demandstar): 5 Total Number of Specifications Mailed Out to Local Vendors: 2 Mandatory Pre-Bid/Telephone Conference: Total packages submitted: 1 Total Noncompliant: 0 6.39 Interior Color not in Base $608.00 Yellow 6.40 Interior Color not in Base $608.00 School Bus Yellow 6.41 Delivery Fee per Vehicle $150.00 6.42 1 Extra set of Keys $255.00 6.43 Hvy Duty all weather mats $75.00 7.01 Fire Extinguisher $65.00 7.02 Outlet receptacle $70.00 7.03 Toolbox $425.00 7.04 Trailer hitch Hitch is Standard - Bar & Balls $50.00 7.05 Trailer wiring Standard 7.06 Trailer ball $25.00 7.07 Window Tint Reg Cab $125.00 7.08 Window Tint Extended Cab $140.00 7.09 Window Tint Crew Cab $155.00 7.10 Add on step $220.00 7.11 Backup alarm $70.00 7.12 Drill free Light bar $690.00 7.13 Led top mount light $690.00 7.14 County Emergency Equip Pk $1,455.00 Year 2019 Make Ford Model F350 (F3A) 7.00 Alert Warning Systems 2018 10,000 GVW SERIES PICKUP TRUCK: Page 3 of 4 OFFICIAL 0 Bid #18-229 10,000 GVW Series for Augusta, Georgia - Central Services Department- Fleet Maintenance Division Bid Opening Date: Friday, June 29, 2018 at 11:00 a.m. Vendors Allan Vigil Ford 6790 Mt. Zion Blvd Morrow, GA 30260 Total Number Specifications Mailed Out: 18 Total Number Specifications Download (Demandstar): 73 Total Electronic Notifications (Demandstar): 5 Total Number of Specifications Mailed Out to Local Vendors: 2 Mandatory Pre-Bid/Telephone Conference: Total packages submitted: 1 Total Noncompliant: 0 Delivery Date 90-120 days Exceptions 3.01 2019 pricing is good through 11/30/18 only. Page 4 of 4 Invitation to Bid Sealed bids will be received at this office until Friday, June 29, 2018 @ 11:00 a.m. for furnishing: Bid Item #18-225 Full Size Passenger Van – Augusta, GA Central Services Department - Fleet Maintenance Bid Item #18-226 15 Passenger Bus – Cutaway Style – Augusta, GA Central Services Department - Fleet Maintenance Bid Item #18-229 10,000 GVWR Pickup Truck – Augusta, GA Central Services Department - Fleet Maintenance 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, June 15, 2018 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference an eligible bidder must submit a completed and signed written application to become a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project. An eligible bidder who fails to submit an application for approval as a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project, and who otherwise meets the requirements for approval as a local bidder, will not be qualified for a bid preference on such eligible local project. No 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. 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 May 24, 31, June 7, 14, 2018 Metro Courier June 14, 2018 Bid Department Funding Source Account Amount Awarded Vendor 18-226 Central Services-Fleet Management Capital Outlay 272-01-6440/54-22110 49,955.00$ Alliance Bus Group of GA 18-229 Engineering-Maintenance Capital Outlay 272-01-6440/54-22210 42,764.00$ Allan Vigil Ford Commission Meeting Agenda 9/4/2018 2:00 PM Lake Olmstead Stadium property as an Amphitheater Department: Department: Caption: Motion to approve designating the Lake Olmstead Stadium property as the approved site for a city Amphitheater. (Approved by Administrative Services Committee August 28, 2018) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 9/4/2018 2:00 PM 911 Resolution Updates Department:911 Department:911 Caption:Motion to approve updated resolutions for 911 fee collection and prepaid wireless fees. (Approved by Public Safety Committee August 28, 2018) Background:HB 751 was passed during the 2018 legislative session, which created the Georgia Emergency Communications Authority (GECA). This legislation implements a new centralized process by which all 911 fees are to be collected and remitted to local governments by the Department of Revenue (DOR). HB 751 also increases prepaid wireless fees from $.75 to $1.50 per retail transaction occurring within the jurisdiction of the public safety answering point. Analysis:In order for DOR to collect landline and wireless service 911 fees beginning January 1, 2019, all Georgia counties are required to have their commissions adopt new resolutions reflecting these changes. Financial Impact:n/a Alternatives:n/a Recommendation:Approve and request the Mayor to execute resolutions. Funds are Available in the Following Accounts: n/a REVIEWED AND APPROVED BY: Cover Memo Finance. Law. Administrator. Clerk of Commission Cover Memo 1 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF AUGUSTA, GEORGIA UPDATING AND AUTHORIZING 9-1-1 CHARGES ON TELEPHONE SERVICES AND WIRELESS ENHANCED 9-1-1 CHARGES OTHER THAN PREPAID WIRELESS SERVICES; PROVIDING AN EFFECTIVE DATE; REPEALING PRIOR RESOLUTIONS IN CONFLICT; AND FOR OTHER PURPOSES. WHEREAS, the general law regarding 9-1-1 charges has been substantially modernized and revised by Ga. L. 2018, p. 689, HB 751; and WHEREAS, many of these revisions include oversight and administration of 9-1-1 matters by the Georgia Emergency Communications Authority and the Department of Revenue; and WHEREAS, the consolidated government of Augusta, Georgia desires to update its 9-1-1 charges in accordance with revisions to state law. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Augusta, Georgia as follows: Section 1. Definitions Unless specified otherwise in this resolution, all terms shall be defined in the same manner as specified in O.C.G.A. § 46-5-122. Section 2. 9-1-1 Charges on Monthly Services (a) Pursuant to O.C.G.A. § 46-5-133(a), there is imposed a monthly 9-1-1 charge upon each telephone service, subscribed to by a telephone subscriber, whose exchange access lines are in the areas served or which could be served by the 9-1-1 service. Pursuant to O.C.G.A. § 46-5-134(a)(1)(A), the amount of such 9-1-1 charge shall be $1.50 per month per telephone service provided to the telephone subscriber. (b) Pursuant to O.C.G.A. § 46-5-133(a), there is imposed a monthly wireless enhanced 9- 1-1 charge upon each wireless telecommunications connection, other than a connection for prepaid wireless service, subscribed to by a telephone subscriber whose place of primary use is within the geographic area that is served by the consolidated government of August, Georgia, or that would be served by Augusta, Georgia, for the purpose of such an emergency 9-1-1 system. Pursuant to O,C.G.A. 46-5-134(a)(2)(A), the amount of such enhanced wireless 9-1-1 charge shall be $1.50 per month per wireless telecommunications connection provided to the telephone subscriber. 2 (c) The 9-1-1 charges under this section shall commence 120 days following its adoption. Section 3. Collecting and Remitting of 9-1-1 Charges All such 9-1-1 charges collected by service suppliers shall be remitted to the Georgia Department of Revenue, as the contracted collection partner of the Georgia Emergency Communications Authority, at the times and in the manner provided by O.C.G.A. § 38-3- 185, O.C.G.A. § 38-3-186, and any other Georgia Department of Revenue or Georgia Emergency Communications Authority rule or regulation adopted pursuant to Article 12 of Chapter 13 of Title 38 of the O.C.G.A. and Chapter 13 of Title 50 of the O.C.G.A., the “Georgia Administrative Procedures Act”. Section 4. Deposit and Use of Proceeds Pursuant to O.C.G.A. § 46-5-134, all proceeds received by Augusta, Georgia from 9-1-1 charges imposed by this resolution shall be deposited in the Emergency Telephone System Fund maintained by the county; kept separate from general revenue of the county; and used exclusively for the statutorily authorized purposes. Section 5. Resolution Filing Requirements The Clerk of the County shall file with the state revenue commissioner a certified copy of this resolution within ten (10) days of the adoption thereof. Any subsequent amendment to this resolution shall likewise be so filed by the clerk within ten (10) days of the adoption thereof. Section 6. Effective Date and Applicability This resolution shall become effective 120 days following its adoption. Any prior resolution establishing such 9-1-1 charges shall remain in effect until the effective date of this resolution. On such date, such 9-1-1 charges shall be governed by this resolution. Section 7. Repealer All resolutions, or parts of resolutions, in conflict with this resolution are repealed as of the effective date of this resolution. 3 This ____ day of ____________, 2018. Augusta, Georgia By:_____________________ Hardie Davis, Jr. Mayor Attest:___________________ Lena Bonner Clerk of Commission 1 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF AUGUSTA, GEORGIA UPDATING AND AUTHORIZING 9-1-1 CHARGES ON PREPAID WIRELESS SERVICES; PROVIDING AN EFFECTIVE DATE; REPEALING PRIOR RESOLUTIONS IN CONFLICT; AND FOR OTHER PURPOSES. WHEREAS, the general law regarding 9-1-1 charges has been substantially modernized and revised by Ga. L. 2018, p. 689, HB 751; and WHEREAS, many of these revisions include oversight and administration of 9-1-1 matters by the Georgia Emergency Communications Authority and the Department of Revenue; and WHEREAS, the consolidated government of Augusta, Georgia desires to update its 9-1-1 prepaid wireless charges in accordance with revisions to state law. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Augusta, Georgia as follows: Section 1. Definitions Unless specified otherwise in this resolution, all terms shall be defined in the same manner as specified in O.C.G.A. § 46-5-122. Section 2. 9-1-1 Charges on Monthly Services (a) Pursuant to O.C.G.A. § 46-5-134.2(b)(1), there is imposed a prepaid wireless 9-1-1 charge and the amount of such 9-1-1 charge shall be $1.50 per retail transaction occurring within the jurisdiction of public safety answering point. (b) The 9-1-1 charges under this section shall commence January 1, 2019. Section 3. Collecting and Remitting of 9-1-1 Charges All such 9-1-1 charges collected by service suppliers shall be remitted to the Georgia Department of Revenue, as the contracted collection partner of the Georgia Emergency Communications Authority, at the times and in the manner provided by O.C.G.A. § 38-3- 185, O.C.G.A. § 38-3-186, and any other Georgia Department of Revenue or Georgia Emergency Communications Authority rule or regulation adopted pursuant to Article 12 2 of Chapter 13 of Title 38 of the O.C.G.A. and Chapter 13 of Title 50 of the O.C.G.A., the “Georgia Administrative Procedures Act”. Section 4. Deposit and Use of Proceeds Pursuant to O.C.G.A. § 46-5-134, all proceeds received by Augusta, Georgia from 9-1-1 charges imposed by this resolution shall be deposited in the Emergency Telephone System Fund maintained by the county; kept separate from general revenue of the county; and used exclusively for the statutorily authorized purposes. Section 5. Resolution Filing Requirements The Clerk of the County shall file with the state revenue commissioner a certified copy of this resolution within ten (10) days of the adoption thereof. Any subsequent amendment to this resolution shall likewise be so filed by the clerk within ten (10) days of the adoption thereof. Section 6. Effective Date and Applicability This resolution shall become effective on January 1, 2019. Any prior resolution establishing such 9-1-1 charges shall remain in effect until January 1, 2019. On such date, such 9-1-1 charges shall be governed by this resolution. Section 7. Repealer All resolutions, or parts of resolutions, in conflict with this resolution are repealed as of January 1, 2019. This ____ day of _____________, 2018. 3 Augusta, Georgia By:_____________________ Hardie Davis, Jr. Mayor Attest:___________________ Lena Bonner Clerk of Commission Commission Meeting Agenda 9/4/2018 2:00 PM Approve the Environmental Services Department - Keep Augusta Beautiful Division to create ordinances to fill Article 7 Secs. 1-4-95 to Secs. 1-4-102 of the Augusta, GA Code. Department:Environmental Services Department:Environmental Services Caption:Motion to approve the Environmental Services Department - Keep Augusta Beautiful Division to create ordinances to fill Article 7 Secs. 1-4-95 to Secs. 1-4-102 of the Augusta, GA Code and to receive a report at the next committee meeting on how the current deficiencies by the garbage contractors are being addressed to include throwing and leaving the cans open and how to hold the contractors accountable for leaving the streets stained. (Approved by Engineering Services Committee August 28, 2018) Background:Keep Augusta Beautiful was started by the Environmental Services Department, after Commission approval, in efforts to assist with cleaning the city, educating the public on litter prevention and recycling, and creating opportunities for beautification. In that vein, Keep Augusta Beautiful is seeking affiliation with Keep America Beautiful, the national organization on litter prevention, recycling, and beautification. Keep America Beautiful strives to provide metrics to determine the impact of community appearance on quality-of-life. These metrics may be used to establish plans, focus efforts, and quantify the impact of KAB affiliate programs and projects. Keep America Beautiful’s expertise in community improvement includes proven and effective methods to address litter prevention, beautification, and waste reduction and recycling in your community. Creating ordinances is a vital part of the program which involves community representatives from neighborhoods, businesses, and government to achieve partnership solutions and to promote individual responsibility, ownership, and pride in the results. In efforts to meet this portion of the affiliation process, Keep Augusta Beautiful is seeking approval to work on city ordinances that will become the Keep Augusta Beautiful Commission. These ordinances will create the appointment of an Executive Board that will assist in Cover Memo leading the organization as staff creates programs that will provide county-wide assistance to citizens, employees, businesses, and other interested parties. Analysis:The City code currently has a section reserved for the Augusta- Richmond County Beautification-Clean Community Commission. Keep Augusta Beautiful is requesting permission draft such ordinances that would establish the organization. This would allow Augusta the opportunity to have an entity dedicated to educating the public and cleaning up the city through public- private partnership efforts. The ordinances would function as an overview of the bylaws that will be adopted by Keep Augusta Beautiful – and are required to be completed as part of the affiliation process. Financial Impact:There is no financial impact to creating these ordinances Alternatives:1. approve the request to draft the Ordinances and continue the affiliation process. 2. do not approve and allow Keep Augusta Beautiful to function only as a division of ESD without the support of Keep America Beautiful. Recommendation:Allow the ordinances to be drafted. Funds are Available in the Following Accounts: none required. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 9/4/2018 2:00 PM Bid #18-218: Augusta Utilities Meter Bid Department:Utilities Department:Utilities Caption:Motion to approve awarding Meter Purchasing for Various Successful Low Bidders from Utilities Department 2018 Meter Bid Item #18-218.(Approved by Engineering Services Committee August 28, 2018) Background:Utilities is in need of various types of meters and endpoints to meet all the requirements of size and type based on multiple variations of installation needs. AUD advertised and received several responses for all the various types of meters and radio read endpoints that match our current type of technology. Since AUD has several types of meters it may choose to employ in a given situation, the bid was designed to give us both flexibility of choice for the type of meter and the lowest cost based on the type of meter we want to install. This bid included meters with and without endpoints for each type, endpoints only, and a discounted price for parts needed to refurbish larger meters. Analysis:AUD has selected the following successful low bidders for each type of meter, as shown on the attached tally sheet: Badger Meter – all sizes of PD meters with endpoints attached, 5/8” meters without endpoints, all sizes of turbine meters with endpoints attached, 1-1/2 to 4” turbine meters without endpoints, all compound meters, fire hydrant meters and 1-1/2 to 2” ultrasonic meters Avanti – All Magnetic Flow meters except 6” and 8” Itron – All endpoints purchased separately Master Meter – Ultrasonic meters 3” and larger, all Fire Service meters Mueller – PD meters 1” and above without endpoints, 6 to 10” Turbine meters and 6 to 8” Magnetic Flow meters Neptune – 10” Magnetic Flow meters Financial Impact:Based on expected annual purchases, total cost is estimated at $1,299,659.20. Funding is available in 506043210/5315111 and 506043410/5315111 Cover Memo Alternatives:N/A Recommendation:Recommend approval of successful low bidders as noted on the attached schedule Funds are Available in the Following Accounts: 506043210/5315111 and 506043410/5315111 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 Thursday June 14, 2018 @ 11:00 a.m. for furnishing: Bid Item #18-218 Water Meters for Augusta, GA – 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 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. A Pre Qualifications Conference will be held on Tuesday, May 29, 2018 @ 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, May 31, 2018 @ 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. 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 May 3, 10, 17, 24, 2018 Metro Courier May 3, 2018 UTILITIES DEPARTMENT Tom Wiedmeier Director TO: MEMORANDUM FROM: Geri Sams, Director - Procurement Department Phyllis Johnson - Quality Assurance Analyst Nancy Williams - Procurement Bid Management Specialist Tom Wiedmeier, Director -Utilities Department Steve Little, Assistant Director - AUD-Finance Terence Walker - Manager, AUD Warehouse Augusta Utilities Administration 360 Bay Street - Suite 180 - Augusta, GA 30901 (706)312-4154 - Fax (706)312-4123 WWW.AUGUSTAGA.GOV SUBJECT: Water Meter (Bid Item #lg-2lg) BID RECOMMENDATION (2013) DATE:July 23,2018 Attached is the Bid Tabulation Sheet for Bid Item #18-218, Water Meter. It is our recommendation that this bidbe awarded to National Meter Inc, Avanti, Itron, Mueller and Delta Municipal as noted in the tabulation sheet. Thisbid allowed for separate bids at all sizes for each type of meter that the manufacturers offer, and each bidder was {lowed to bid multiple types of meters for each meter size. AUD will choose the lowest bidder when orderingdesired meters based on the decision made for meter type for each installation situation. This decision is strictly upto AUD based on our expertise and desired meter type. For that reason, successful bidders may or may not receiviorders during the term of this bid. We have reviewed the bids submitted by all the compliant vendors. We believe that all successful bids give us thebest choice for each type of meter and all selected meters are deemed as being in compliance with our needs. Thank you for your assistance regarding this matter. Sincerely, ^," 1fzt[tgTomWiedmei".,ffi cc: Tess Thompson, Finance and Adm. Manager Lois Archie, Manager-Metering Division OFFICIAL Badger Meter 7220 S Fraser St Centennial, Co 80112 Avanti Company 22 S Lake Ave. Avon Park, FL 33825 Itron 2111 N Molter Rd Liberty Lake, WA 99019 Consolidated Pipe & Supply 10887 Old Atlanta Hwy Convington, GA 30014 Core & Main 3620 Milledgeville Rd Augusta, GA 30909 Mueller Systems 10210 Statesville Blvd Cleveland, NC 27013 Delta Municipal Supply 408 Jesse Cronic Rd Braselton, GA 30517 Yes Yes Yes Yes Yes Yes Yes 142953 694459 633584 189824 1219073 186154 107726 Yes Yes Yes Yes Yes Yes Yes Line Item Description Estimated Quantity Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price 1A.1 5/8"x3/4" PD Meter with 5' Itron Cable Connector and Itron Riva Endpoint 3000 $155.00 $213.00 No Bid No Bid No Bid $75.00 $159.50 1A.2 1" PD Meter with 5' Itron Cable Connector and Itron Riva Endpoint 20 $200.00 $267.00 No Bid No Bid No Bid $124.96 $311.00 1A.3 1-1/2" PD Meter with 25' Itron Cable Connector, Itron Riva Endpoint & Companion Flanges 300 $360.00 $645.00 No Bid No Bid No Bid $249.92 meter $24.00 flg kit $551.00 1A.4 2" PD Meter with 25' Itron Cable Connector, Itron Riva Endpoint & Companion Flanges 50 $460.00 $740.00 No Bid No Bid No Bid $280.28 meter $29.00 Flg kit $686.00 $600,000.00 $874,840.00 No Bid No Bid No Bid $325,139.20 $684,320.00 Line Item Description Estimated Quantity Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price 1B.1 5/8"x3/4" PD Meter with Absolute Encoder Register and 5’ Itron Cable Connect 20 $68.00 $130.00 No Bid No Bid $120.00 $75.00 $83.00 Bid Opening Bid Item #18-218 Water Meters for Augusta, Georgia - Utilities Department Bid Due: Thursday, June 14, 2018 @ 11:00 a.m. Lot 1A Bid Total SAVE Form Total Number Specifications Mailed Out: 12 Total Number of Specifications Download (Demandstar): 10 Total Electronic Notifications (Demandstar): 90 Pre-Bid Conference: 3 Total packages submitted: 8 Total Noncompliant: 0 VENDORS Attachment B E-Verify Number Page 1 of 10 OFFICIAL Badger Meter 7220 S Fraser St Centennial, Co 80112 Avanti Company 22 S Lake Ave. Avon Park, FL 33825 Itron 2111 N Molter Rd Liberty Lake, WA 99019 Consolidated Pipe & Supply 10887 Old Atlanta Hwy Convington, GA 30014 Core & Main 3620 Milledgeville Rd Augusta, GA 30909 Mueller Systems 10210 Statesville Blvd Cleveland, NC 27013 Delta Municipal Supply 408 Jesse Cronic Rd Braselton, GA 30517 VENDORS 1B.2 1" PD Meter with Absolute Encoder Register and 5’ Itron Cable Connect 20 $125.00 $182.00 No Bid No Bid $190.00 $124.96 $235.00 1B.3 1-1/2" PD Meter with Absolute Encoder Register and 25’ Itron Cable Connect 20 $285.00 $560.00 No Bid No Bid No Bid $249.92 meter $24.00 flg kit $385.00 1B.4 2" PD Meter with Absolute Encoder Register and 25’ Itron Cable Connect 20 $380.00 $654.00 No Bid No Bid No Bid $280.28 meter $29.00 Flg kit $495.00 $17,160.00 $30,520.00 No Bid No Bid $6,200.00 $15,663.20 $23,960.00 Line Item Description Estimated Quantity Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price 2A.1 1-1/2" Turbine, Mag or Ultra- Sonic Meter with 25' Itron Cable Connector, Itron Riva Endpoint, Strainer & Companion Flanges 20 $625.00 / $525.00 / $450.00 $1,840.00 No Bid $1,267.00 No Bid $462.00 meter $24.00 flg kit $1,042.78 / $1,118.78 2A.2 2" Turbine, Mag or Ultra- Sonic Meter with 25' Itron Cable Connector, Itron Riva Endpoint, Strainer & Companion Flanges 20 $710.00 / $590.00 / $550.00 $2,085.00 No Bid $1,267.00 No Bid $572.40 meter $29.00 flg kit $1,167.78 / $1,134.78 2A.3 3" Turbine, Mag or Ultra- Sonic Meter with 25' Itron Cable Connector, Itron Riva Endpoint, Strainer & Companion Flanges 20 $950.00 / $850.00 $2,680.00 No Bid $1,472.00 No Bid $1,050.00 meter $60.00 flg kit $1,838.33 2A.4 4" Turbine, Mag or Ultra- Sonic Meter with 25' Itron Cable Connector, Itron Riva Endpoint Strainer & Companion Flanges 10 $1,050.00 / $975.00 $2,995.00 No Bid $1,950.00 No Bid $1,075.00 meter $90.00 flg kit $2,493.89 2A.5 6" Turbine, Mag or Ultra- Sonic Meter with 25' Itron Cable Connector, Itron Riva Endpoint, Strainer & Companion Flanges 5 $3,250.00 / $3,000.00 $4,690.00 No Bid $3,105.00 No Bid $1,850.00 meter $190. flg kit $4,282.78 Lot 1B Bid Total Page 2 of 10 OFFICIAL Badger Meter 7220 S Fraser St Centennial, Co 80112 Avanti Company 22 S Lake Ave. Avon Park, FL 33825 Itron 2111 N Molter Rd Liberty Lake, WA 99019 Consolidated Pipe & Supply 10887 Old Atlanta Hwy Convington, GA 30014 Core & Main 3620 Milledgeville Rd Augusta, GA 30909 Mueller Systems 10210 Statesville Blvd Cleveland, NC 27013 Delta Municipal Supply 408 Jesse Cronic Rd Braselton, GA 30517 VENDORS 2A.6 8 Turbine, Mag or Ultra-Sonic Meter with 25' Itron Cable Connector, Itron Riva Endpoint, Strainer & Companion Flanges 5 $4,400.00 / $3,400.00 $7,105.00 No Bid $6,479.00 No Bid $2,125.00 eter $150.00 flg kit $6,574.44 2A.7 10" Turbine, Mag or Ultra- Sonic Meter with 25' Itron Cable Connector, Itron Riva Endpoint, Strainer & Companion Flanges 5 $6,900.00 / $4,400.00 $9,885.00 No Bid $6,862.00 No Bid $3.950.00 meter $405.00 flg kit $10,563.61 $128,950.00 $270,450.00 No Bid $181,850.00 No Bid $98,648.00 $213,020.85 / $213,880.85 Line Item Description Estimated Quantity Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price 2B.1 2" Compound Meter with 25' Itron Cable Connector, Itron Riva Endpoint, Strainer & Companion Flanges 20 $1,400.00 / $1,300.00 $2,000.00 No Bid $1,267.00 No Bid $572.40 meter $29.00 flg kit $1167.78 / $1,882.78 2B.2 3" Compound Meter with 25' Itron Cable Connector, Itron Riva Endpoint, Strainer & Companion Flanges 10 $1,600.00 / $1,500.00 $2,595.00 No Bid $1,472.00 No Bid $1,850.00 meter $60.00 flg kit $2,818.33 2B.3 4" Compound Meter with 25' Itron Cable Connector, Itron Riva Endpoint, Strainer & Companion Flanges 10 $2,300.00 / $2,200.00 $2,910.00 No Bid $1,950.00 No Bid $2,125.00 meter $90.00 flg kit $3,913.89 2B.4 6" Compound, Mag or Ultra- Sonic Meter with 25' Itron Cable Connector, Itron Riva Endpoint, Strainer & Companion Flanges 5 $3,700.00 / $3,600.00 $4,605.00 No Bid $3,105.00 No Bid $3,600.00 meter $130.00 fklg kit $6,382.78 2B.5 8" Compound, Mag or Ultra- Sonic Meter with 25' Itron Cable Connector, Itron Riva Endpoint, Strainer & Companion Flanges 5 $6,500.00 / $5,749.50 $7,020.00 No Bid $6,479.00 No Bid $5,225.00 meter $150.00 flg kit $10,924.44 Lot 2A Bid Total Page 3 of 10 OFFICIAL Badger Meter 7220 S Fraser St Centennial, Co 80112 Avanti Company 22 S Lake Ave. Avon Park, FL 33825 Itron 2111 N Molter Rd Liberty Lake, WA 99019 Consolidated Pipe & Supply 10887 Old Atlanta Hwy Convington, GA 30014 Core & Main 3620 Milledgeville Rd Augusta, GA 30909 Mueller Systems 10210 Statesville Blvd Cleveland, NC 27013 Delta Municipal Supply 408 Jesse Cronic Rd Braselton, GA 30517 VENDORS 2B.6 10" Compound, Mag or Ultra- Sonic Meter with 25' Itron Cable Connector, Itron Riva Endpoint, Strainer & Companion Flanges 5 No Bid $9,800.00 No Bid $6,862.00 No Bid $6,425.oo meter $405.00 flg kit $6,432.50 $118,000.00 $202,175.00 No Bid $141,790.00 No Bid $132,953.00 $209,376.40 / $223,676.40 Line Item Description Estimated Quantity Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price 2C.1 6" Fire Service Meter with 25' Itron Cable Connector, Strainer & Companion Flanges 1 $7,500.00 $5,360.00 No Bid $3,105.00 $7,050.00 $4,025.00 meter $130.00 flg kit $7,915.00 2C.2 8" Fire Service Meter with 25' Itron Cable Connector, Strainer & Companion Flanges 1 $9,000.00 $8,640.00 No Bid $6,479.00 $10,650.00 $4,808.00 meter $150.00 flg kit $9,940.00 2C.3 10" Fire Service Meter with 25' Itron Cable Connector, Strainer & Companion Flanges 1 $13,000.00 $10,500.00 No Bid $6,862.00 $15,260.00 $7,525.00 meter $405.00 flg kit $12,032.50 $29,500.00 $24,500.00 No Bid $16,446.00 $32,960.00 $17,043.00 $29,887.50 Line Item Description Estimated Quantity Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price 2D.1 3" Manual Read Fire Hydrant Meter with Aluminum Body, 2" Gate Valve, and Hydrant Connections 5 $995.00 No Bid No Bid No Bid $1,500.00 $1,116.00 $1,050.00 $4,975.00 No Bid No Bid No Bid $7,500.00 $5,580.00 $5,250.00 Line Item Description Estimated Quantity Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price 3.1 Required Quantity of Itron Riva Pit Water Endpoints 2000 $80.00 No Bid $66.20 No Bid No Bid No Bid $76.00 3.2 Required Quantity of Itron 100W Pit Water Endpoints 50 $75.00 No Bid $60.20 No Bid No Bid No Bid $74.00 Lot 2D Bid Total Lot 2B Bid Total Lot 2C Bid Total Page 4 of 10 OFFICIAL Badger Meter 7220 S Fraser St Centennial, Co 80112 Avanti Company 22 S Lake Ave. Avon Park, FL 33825 Itron 2111 N Molter Rd Liberty Lake, WA 99019 Consolidated Pipe & Supply 10887 Old Atlanta Hwy Convington, GA 30014 Core & Main 3620 Milledgeville Rd Augusta, GA 30909 Mueller Systems 10210 Statesville Blvd Cleveland, NC 27013 Delta Municipal Supply 408 Jesse Cronic Rd Braselton, GA 30517 VENDORS 3.3 Required Quantity of Itron 100WP Pit Water Endpoints 300 $75.00 No Bid $60.20 No Bid No Bid No Bid $74.00 $186,250.00 No Bid $153,470.00 No Bid No Bid No Bid $177,900.00 Line Item Description Estimated Quantity Net Discount/Price Net Discount/Price Net Discount/Price Net Discount/Price Net Discount/Price Net Discount/Price Net Discount/Price 4.1 Percentage Discount off of Most Current Published List Prices for Parts n/a 13% 15% No Bid 47% 10% 35% 30% 4.2 Absolute Encoder Register with Itron connector for Retrofit - Positive Displacement Meters n/a $68.00 / $79.00 No Bid No Bid No Bid $70.00 $60.00 35% 4.3 Absolute Encoder Register with Itron connector for Retrofit – Turbine, Mag or Ultrasonic Meters n/a $94.50 No Bid No Bid $226.00 No Bid $144.60 35% 4.4 Absolute Encoder Register with Itron connector for Retrofit - Compound Meters n/a $189.95 No Bid No Bid $226.00 No Bid N/A 35% 4.5 Absolute Encoder Register with Itron connector for Retrofit – Fire Service (FM Approved) Meters n/a $189.95 No Bid No Bid $226.00 $315.00 $144.60 35% $621.40 No Bid No Bid $678.00 N/A $349.20 No Bid Lot 3 Bid Total Lot 4 Bid Total Page 5 of 10 OFFICIAL Kamstrup 245 Hembree Park Dr., Suite 110 Roswell, GA 30076 No Bid Response Unit Price Unit Price Page 6 of 10 OFFICIAL Kamstrup 245 Hembree Park Dr., Suite 110 Roswell, GA 30076 Unit Price Page 7 of 10 OFFICIAL Kamstrup 245 Hembree Park Dr., Suite 110 Roswell, GA 30076 Unit Price Page 8 of 10 OFFICIAL Kamstrup 245 Hembree Park Dr., Suite 110 Roswell, GA 30076 Unit Price Unit Price Unit Price Page 9 of 10 OFFICIAL Kamstrup 245 Hembree Park Dr., Suite 110 Roswell, GA 30076 Net Discount/Price Page 10 of 10 Bid Item #18-218 Water Meter Bid Consolidated Core & Main Delta Muni Low PD Meter w/Riva Badger Avanti Itron (Master)(Sensus)Mueller (Neptune)Qty Amt 1A.1 5/8x3/4 155.00$ Sub No bid No bid No bid No bid 159.50$ 3,000 465,000.00$ 1A.2 1"200.00$ Sub No bid No bid No bid No bid 311.00$ 20 4,000.00$ 1A.3 1-1/2"360.00$ Sub No bid No bid No bid No bid 551.00$ 300 108,000.00$ 1A.4 2"460.00$ Sub No bid No bid No bid No bid 686.00$ 50 23,000.00$ PD Meter, no ERT 1B.1 5/8x3/4 68.00$ Sub No bid No bid 120.00$ 75.00$ 83.00$ 20 1,360.00$ 1B.2 1"125.00$ Sub No bid No bid 190.00$ 124.96$ 235.00$ 20 2,499.20$ 1B.3 1-1/2"285.00$ Sub No bid No bid No bid 273.92$ 385.00$ 20 5,478.40$ 1B.4 2"380.00$ Sub No bid No bid No bid 309.28$ 495.00$ 20 6,185.60$ Turbo, Mag or Ultra w/Riva 2A.1 1-1/2"Turbo 625.00$ No bid No bid No bid No bid 1,118.78$ 20 Mag 1,840.00$ No bid No bid No bid No bid 20 Ultra 450.00$ No bid No bid No bid No bid 1,042.78$ 20 9,000.00$ 2A.2 2"Turbo 710.00$ No bid No bid No bid No bid 1,134.78$ 20 Mag 2,085.00$ No bid No bid No bid No bid 20 Ultra 550.00$ No bid No bid No bid No bid 1,167.78$ 20 11,000.00$ 2A.3 3"Turbo 950.00$ No bid No bid No bid No bid 1,838.33$ 20 19,000.00$ Mag 2,680.00$ No bid No bid No bid No bid 20 Ultra No bid No bid No bid No bid 20 2A.4 4"Turbo 1,050.00$ No bid No bid No bid No bid 2,493.89$ 20 21,000.00$ Mag 2,995.00$ No bid No bid No bid No bid 20 Ultra No bid No bid No bid No bid 20 2A.5 6"Turbo 3,250.00$ No bid No bid No bid No bid 4,282.78$ 5 16,250.00$ Mag 4,690.00$ No bid No bid No bid No bid 5 Ultra No bid No bid No bid No bid 5 2A.6 8"Turbo 4,400.00$ No bid No bid No bid No bid 6,574.44$ 5 22,000.00$ Mag 7,105.00$ No bid No bid No bid No bid 5 Ultra No bid No bid No bid No bid 5 2A.7 10"Turbo 6,900.00$ No bid No bid No bid No bid 10,563.61$ 5 34,500.00$ Mag 9,885.00$ No bid No bid No bid No bid 5 Ultra No bid No bid No bid No bid 5 Turbo, Mag or Ultra, no ERT 2A.1 1-1/2"Turbo 545.00$ No bid No bid Sub 1,042.78$ 20 Mag 1,840.00$ No bid No bid 20 Ultra 370.00$ No bid 1,267.00$ No bid 966.78$ 20 7,400.00$ 2A.2 2"Turbo 630.00$ No bid No bid Sub 1,058.78$ 20 Mag 2,085.00$ No bid No bid 20 Ultra 470.00$ No bid 1,267.00$ No bid 1,091.78$ 20 9,400.00$ 2A.3 3"Turbo 870.00$ No bid No bid 1,110.00$ 1,762.33$ 20 17,400.00$ Mag 2,680.00$ No bid No bid 20 Ultra No bid 1,472.00$ No bid 20 2A.4 4"Turbo 970.00$ No bid No bid 1,165.00$ 2,417.89$ 20 19,400.00$ Mag 2,995.00$ No bid No bid 20 Ultra No bid 1,950.00$ No bid 20 2A.5 6"Turbo 3,170.00$ No bid No bid 2,040.00$ 4,206.78$ 5 10,200.00$ Mag 4,690.00$ No bid No bid 5 Ultra No bid 3,105.00$ No bid 5 2A.6 8"Turbo 4,320.00$ No bid No bid 2,275.00$ 6,498.44$ 5 11,375.00$ Mag 7,105.00$ No bid No bid 5 Ultra No bid 6,479.00$ No bid 5 2A.7 10"Turbo 6,820.00$ No bid No bid 4,355.00$ 10,487.61$ 5 21,775.00$ Mag 9,885.00$ No bid No bid 5 Ultra No bid 6,862.00$ No bid 5 Comp, Mag, Ultra w/ Riva 2B.1 2"Comp 1,400.00$ Sub No bid Sub No bid Sub 1,882.78$ 20 28,000.00$ 2B.2 3"Comp 1,600.00$ Sub No bid Sub No bid Sub 2,818.33$ 10 16,000.00$ 2B.3 4"Comp 2,300.00$ Sub No bid Sub No bid Sub 3,913.89$ 10 23,000.00$ 2B.4 6"Comp 3,700.00$ No bid No bid 6,382.78$ 5 Mag 4,605.00$ No bid No bid 3,730.00$ 5 Ultra No bid 3,105.00$ No bid 5 15,525.00$ 2B.5 8"Comp 6,500.00$ No bid No bid 10,924.44$ 5 Mag 7,020.00$ No bid No bid 5,375.00$ 5 26,875.00$ Ultra No bid 6,479.00$ No bid 5 2B.6 10"Mag No bid 9,800.00$ No bid No bid 6,830.00$ 6,432.50$ 5 32,162.50$ Ultra No bid 6,862.00$ No bid 5 Comp, Mag, Ultra, No ERT 2B.1 2"Comp 1,320.00$ Sub No bid Sub No bid Sub 1,806.78$ 20 26,400.00$ 2B.2 3"Comp 1,520.00$ Sub No bid Sub No bid Sub 2,742.33$ 10 15,200.00$ 2B.3 4"Comp 2,220.00$ Sub No bid Sub No bid Sub 3,837.89$ 10 22,200.00$ 2B.4 6"Comp 3,620.00$ No bid No bid 6,306.78$ 5 Mag 4,605.00$ No bid No bid 3,730.00$ 5 Ultra No bid 3,105.00$ No bid 5 15,525.00$ 2B.5 8"Comp 6,420.00$ No bid No bid 10,848.44$ 5 Mag 7,020.00$ No bid No bid 5,375.00$ 5 26,875.00$ Ultra No bid 6,479.00$ No bid 5 2B.6 10"Mag No bid 9,800.00$ No bid No bid 6,830.00$ 6,356.50$ 5 31,782.50$ Ultra No bid 6,862.00$ No bid 5 Fire Service 2C.1 7,500.00$ 5,360.00$ No bid 3,105.00$ 7,050.00$ 4,155.00$ 1 3,105.00$ 2C.2 9,000.00$ 8,640.00$ No bid 6,479.00$ 10,650.00$ 4,958.00$ 1 6,479.00$ 2C.3 13,000.00$ 10,500.00$ No bid 6,862.00$ 15,260.00$ 7,930.00$ 1 6,862.00$ Fire Hydrant 2D.1 995.00$ No bid No bid No bid 1,500.00$ 1,116.00$ 5 4,975.00$ ERT's 3.1 Riva 80.00$ No bid 66.20$ No bid No bid No bid 76.00$ 2,000 132,400.00$ 3.2 100W 75.00$ No bid 60.20$ No bid No bid No bid 74.00$ 50 3,010.00$ 3.3 100WP 75.00$ No bid 60.20$ No bid No bid No bid 74.00$ 300 18,060.00$ 4.1 % off parts 13%15%No bid 47%10%35% 4.2 AE Register for PD 68.00$ No bid No bid No bid 70.00$ 60.00$ 4.3 AE Reg for T, M or U 94.50$ No bid No bid 226.00$ No bid 144.60$ 4.4 AE Reg for Comp 189.95$ No bid No bid 226.00$ No bid No bid 4.5 AE Reg for FS Meter 189.95$ No bid No bid 226.00$ 315.00$ 315.00$ ERT only 1,299,659.20$ Commission Meeting Agenda 9/4/2018 2:00 PM Confined Space Monitoring Services Department:Utilities Department:Utilities Caption:Motion to approve Confined Space Monitoring Services from Industrial Scientific.(Approved by Engineering Services Committee August 28, 2018) Background:Industrial Scientific has provided confined space monitoring services for Augusta Utilities. These services include providing 12 gas monitors, unlimited test gas for calibration and remote monitoring and diagnostics of the equipment. These services are necessary to protect our staff when entering confined spaces. Analysis:Industrial Scientific has offered a 4 year contract renewal at an annual cost of $12,457.80. Financial Impact:The annual cost is $12,457.80 and is included in our operating budget. Alternatives:No practical alternative Recommendation:We recommend that the Commission approve the 4 year agreement Funds are Available in the Following Accounts: 506-04-3110/52-24214 REVIEWED AND APPROVED BY: Cover Memo Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 9/4/2018 2:00 PM Resolution of Support of a Goal of 100% Clean Energy by 2050 Department: Department: Caption:Motion to approve the adoption of Resolution of Support of a Goal of 100% Clean Energy by 2050.(Approved by Engineering Services Committee August 28, 2018) Background:The Augusta Commission approved in its meeting to allow the Engineering Services Committee to take this under advisement. Analysis:N/A Financial Impact:N/A Alternatives: Recommendation:N/A Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Resolution in Support of a Goal of 100%o Clean Enerev bv 2050. A Resolution by the Augusta, Georgia Commission NOW, TI{EREFORE, BE IT RESOLVED, that the Augusta, Georgia Commission endorses the following goal: that Augusta, Georgia establish a transition from fossil fuel-based economy to a 100% clean renewable energy for all energy sectors, including transportation by December 31, 2050 to avoid climate catastrophe, to promote job creation and economic growth, and to protect the Earth for current and future generations from climate catastrophe. Further, Augusta, Georgia adopts a goal to achieve 80Yo clean renewable energy for all energy sectors by December 2030. Approved this _day of ,2018. Hardie Davis, Jr. As its Mayor Attest: Lena J. Bonner, Clerk of Commission Seal: Apr 02 18, 08:48a bredl utley 7067725558 Zero Waste and Enrrironmental Democracy A Statement by the BIue Ridge Environmental Defense League Concern Citizens of Shell Bluff, Waynesboro, GA Zero llasteforces us to examine our shared responsibililiesfor how we live and to acknowledge the impaet of our actians on those who live around us. The Blue Ridge Environrnental Defense League began twenty-eight years ago with a commitnent to earth stewmdship, environrnental dsmocracy, social justice and communitl empowerment. Since that frst campaign against a high-level nuclear waste dump, we have confronted hazardous waste and rnedical waste incinerators as well as nurnerous regional and rnulti-state solid r,r,aste dumps. BREDL chapters worked in their communities to raise hundreds ofthousands of dollars and wage long public campaigns to rvin victories against very porverful corporations. The principles and commiunent that u,e shared in 1984 are reflected in our goals for Z,ero Waste. Zero Waste advocates face many difficutt choices as they campaign for concepts such as Extended Producer Responsibilit-v- @PR), Clean Production and Cradle-to-Cradle ownership of products and rvaste. The goals of preserving resources and elirninating waste disposal require fundamental shifts in a consume,T economy rooted in exhaction, consumption, wasting and dumping. Corporate interests u,ho profit from the current economic rnodel control the process and have little incentive to adopt new ways of doing business. Changing consumer behavior in a marketplace contaminated with externalized costs presents an even greater challenge. A consumption economy depends on constantly finding new places to dispose of rvaste. Waste companies understand the poiitical process required to identifr those communities r*'here leaders can be convinced to take someone else's garbage. Often the sarne communities that have endured the extraction stage of production are now targeted to get the waste dump. Strip mines in the north and abandoned pine plantations in the south are popular targets. In general, they are rural, poor, minority, or conservative. This leaves them vulnerable to offers of what we have termed "dumping for dollars." Wealthy cities may not notice the extra dollar per ton that is paid to an unknovyrr nrral county where commissioners are anxious about their declining tax base. The megadump is easily sold as economic der.elopment to county oflFrcials with an uneducated, often under-employed, workforce, and a few absentee corporate landowners. Waste companies knou. horv to make this pitch. Every counfy needs a new school. Recycling, waste reduction, resource recovery parks and Extended Producer Responsibility are all essential parts of any campaign for Zero Waste. Out of sight-out of mind landfills are not. Exporting waste to poor communities is not. "Dumping for dollars" is not. We ackno*'ledge the power of grassroots campaigns to create the conditions necessary for change- We support a Zerc Waste rnovement that recognizes both the threats to landfill and incinerator cornmunities and the opportunities to include those communities in the larger efforts essential for success. Our original principles and demands for environmental democracy still apply today. p.3 Apr 02 18, 08:48a bredl utley 7067725558 Blue Ridge Environmental Defense League And the Concern Citizens of Shell Bluff a chapter member, Waynesboro, GA- The Richmond County Neighborhood Association, Augusta, GA Resolution Supporting A GOAL OF 100% CLEAN ENERGY By 2050 AND THE CREATION OF GREEN JOBS. \Mhereas, climate change has increased the global average surface temperature by I.00 degrees Celsius (i.8 degrees Fahrenheit) since 1880;l Vhereas, climate change is expected to increasingly impact temperatures, precipitation and sea level with harmful consequences in corning years; Vhereas, climate change and global average temperature increases are prirnarily due to hu:nan-caused fossil fuels ernissions, including coai, oil and natural gas, according to the United Nations Intergovernmental Panel on Climate Change. National Academy of Science, American Meteorological Society, United States Environmental Protection Agency, United States Department of Defense, and numerous other leading scientific, acadenaic and govemmental authorities bottr in the United States and internationally; Whereas, a final agreement of the United Nations Conference of Parties (COP21), which included the United States and a total of i95 nations, was reached in Paris, France on December 12.2015, that states the aim is to "holding the increase in the global average temperature to well belorv 2 degrees Celsius above preindustrial levels and prusuing effiorts to Iimit the temperature increase to 1.5 degrees Celsius above preindustrial levels" and entered into force on November 4,2016;2) Whereas, scientists have concluded the concentration of carbon dioxide, the leading greenhouse gas, in the Earth's atmosphere is currently and consistently over 400 parts per million Gpm) and will likely stay above this level for the indefinite future for the first time in millions of years; a Whereas, sixteen of the seventeen hottest years on record have occured in the twenty-first cenhrr;z and 20i6 is the hottest year on record; s Whereas, an increase in the global av€rage temperature, if not stopped, will have major adverse impacts on both the natural and human-rnade environments due to longer, more intense heat w'aves, prolonged droughts, rising sea levels, ocean acidification, and rnore intense and frequent extreme rveather events; Whereas, these physical effects are expected to lead to water scarcity, food insecurity', increasing numbers of refugees, increased poverty, and mass extinctions of species; I https://www.nasa.gov/press-release/nasa-noaa-analyses-revea!-record-shattering-global-warm-ternperatures-in- 201S 2http://newsroom-u nfccc-i nt,/u nfccc-newsroom,/fi n ale.cog2U 3 http ://u nfccc.int/paris_agreement,/iterns/9485.php a http://www.nytimes.com/2016/!0104/science/atmospheric-carbon-dioxide-400-ppm.html s http://www.nytimes.com/2076/t1/1S/science/2016*rottest-year-on-record.html?_rcO p,4 Commission Meeting Agenda 9/4/2018 2:00 PM RFQ 18-132: Augusta Utilities Capital Improvements Program Department:Utilities Department:Utilities Caption:Motion to approve the assignment of design firms to specific Augusta Utilities CIP projects.(Approved by Engineering Services Committee August 28, 2018) Background:The Commission approved the Engineering Consultant Services Rosters in response to RFQ 18-132 on June 19, 2018. Included in the rosters were engineering firms selected for AUD Water Distribution System and Wastewater Collection System Analysis and Design, including Pumping Stations. AUD has identified the next phase of Capital Improvement Projects needed and has worked to assign the various water and sewer projects to engineering service providers from the approved rosters. Analysis:Project scope, experience and resources were used to determine the assignment of each project. The consultants on this list all have local offices. Financial Impact:Funding will be from Utilities Renewal and Extension Fund and Fort Gordon Capital Funds. Alternatives:No alternatives are recommended. Recommendation:We recommend that the commission approve the project assignments of the selected engineering firms. Funds are Available in the Following Accounts: Funding accounting will be assigned per negotiated project. Cover Memo REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo  1 of 1  RFQ 18‐132 Engineering Consultant Services Rosters  Category 1 – Water Distribution System and Wastewater Collection System Analysis and  Design, including Pumping Stations:  A & S Engineering, LLC   Constantine Engineering, Inc.   Cranston Engineering Group, P.C.   Goodwyn, Mills and Cawood, Inc.   Infrastructure Systems Management, LLC   Johnson, Laschober & Associates, P.C.   W.K. Dickson & Company, Inc.   W.R. Toole Engineers, Inc.   Zimmerman, Evans & Leopold, Inc.   Category 2 – Water Treatment Plants:  Goodwyn, Mills and Cawood, Inc.   Hazen and Sawyer   Jacobs Engineering Group, Inc.   Category 3 – Wastewater Treatment Plants:  Constantine Engineering, Inc.   Goodwyn, Mills and Cawood, Inc.   Hussey, Gay, Bell & DeYoung, Inc.   Jacobs Engineering Group, Inc.   Category 4 – Wastewater Collection System Modeling:   CDM Smith, Inc.   Constantine Engineering, Inc.   Jacobs Engineering Group, Inc.   Category 5 – Wastewater Collection System Flow Monitoring:   McKim & Creed, Inc.   W.K. Dickson & Company, Inc.   Woolpert, Inc.     Category 6 – Surveying:  Cranston Engineering Group, P.C.   Moreland Altobelli Associates, LLC   Woolpert, Inc.   W.R. Toole Engineers, Inc.     2018 Project Recommendations for Design Professionals Water Design 1. Wooten Road Water Main Upgrade – WK Dickson & Company, Inc. 2. Fleming Acres Water Main Upgrade – Cranston Engineering Group, P.C. 3. Fort Gordon: B Street Water Main – ZEL 4. Fort Gordon: Cyber CoE Campus 8th Avenue Water Main – TBD 5. Miscellaneous Fort Gordon Water and Sewer Projects - Infrastructure Systems Management, LLC 6. Fort Gordon: Backflow Preventer Replacement (50) - TBD Sewer Design 1. Jack Kelly Road Sanitary Sewer Extension– Johnson, Laschober & Associates, P.C. 2. Belair/Barnett Crossing Sewer Masterplan & West Basin Design – W.K. Dickson & Company, Inc. 3. Belair/Barnett Crossing Sewer East Basin Design – Constantine Engineering, Inc. 4. Fort Gordon: 15th Street Collector Sanitary Sewer – W.R. Toole Engineers, Inc. 5. Fort Gordon: Cross-Basin Lift Station and Force Main – Goodwyn, Mills and Cawood, Inc. 6. Fort Gordon: Western Trunk Sanitary Sewer Repair and Replacement – TBD Commission Meeting Agenda 9/4/2018 2:00 PM Minutes Department: Department: Caption:Motion to approve the minutes of the regular meeting of the Augusta Commission held August 21, 2018 and Special Called Meetings held August 23 and 28, 2018. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda Commission Chamber - 8/2112018 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; Jefferson, Sias, Frantom, M. Williams, Davis, Fennoy, D. Williams, Hasan and Smith, members of Augusta Richmond County Commission. Absent: Hon. Guilfoyle, member of Augusta Richmond County Commission. NVOCATION: Fr. Vernon Knight Parochial Vicar, Saint Mary on the Hill Catholic Church. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. RECOGNITION(S) Students2Work Program A. Recognition of the Richmond County Board of Education, Augusta Metro ltem Chamber of Commerce and the City of Augusta Partnership Initiative Action: Students2Work Program. (Requested by Commissioner Dennis Williams) None B ltemApprovalsheet,html Motions Motion;----- Motion Textlype Made Seconded MotionBy By Result Recognition of the Students2Work Program. MACH Academy, Inc B. Congratulations MACH Academy, Inc. winningparticipants! In the 2018 ltem American Tennis Association (ATA) National Championship Tournament, in Action: orlando, Florida. (Requested by Commissioner Bill Fennoy) None lB ItemAoprovalsheet.html Motions Motion Motion Text Made Seconded Motion'r'YPe By By Result Recognition of MACH Academy participants in the National Championship Tournament. Five (5) minute time limit per delesation DELEGATIONS C. Mr. Bill Lockett, regarding Augusta's recognition of National Grandparents ltemDay. Action: None lB ItemAoorovalsheet.html Motions Motion Motion Text Made Seconded Motion'lype By By Result Presentation made regarding Augusta's recognition of National Grandparents Day. D. Mr. Chauncy L. Rogers regarding Gold Cross cost being passed to the citizens. Item Action: None B Chauncv Rosers 8.2t.l8.ndf lB ItemAnorovalsheet.html Motions Motion r,r^a:^_,t,-__L Made Seconded Motion-"""- Motion Textr'ype By By Result Mr. Rogers did not appear before the Commission. E. Mr. Ned Vaughn regarding his support of renaming the John C. Calhoun ItemExpressway. Action: None IB NeO Vaushan 8.21.18.odf B ltemApprovalsheet.html Motions Motion r - Made Seconded MotionType Motion Text By By Resurt Presentation is made by Mr. Vaughn. CONSENT AGENDA (Items l-25) PLANNING 1. ZA-R-252 - A request for concurrence with the Augusta Georgia Planning ltem Commission to approve a petition to amend the Comprehensive Zoning Action: Ordinance for Augusta Georgia by amending definition of mini-warehouses in Approved Section 2 (Definitions), Section 22-l-b (9) (General Business) Permitted Uses and Secti on 22-2 (Special Exceptions). E za-r-252 staff.pdf (B za-r-252 ord.pdf lB ItemApprovalsheet.html Motions Motion tr L, m Motion;----- Motion Text Made By Seconded By i[#;'rype Motion to approve and ^ to waive the second Commisioner CommissionApprove ,luoing. Sean Frantom Mary Duui, "t Passes Motion Passes 9-0. 2. ZA-R-253 - A request for concurrence with the Augusta Georgia Planning Item Commission to approve a petition request to amend the Comprehensive Action: Zoning Ordinance for Augusta Georgia by amending Section 4 (Off-street Approved Parking and Loading) - Nonconforming parking and Loading Spaces. B za-r-25J staff.pdf [B za-r-25J ord.pdf E ItemApprovalsheet.html Motions Motion Text Made By Seconded By Motion MotionType Result Motion to approve and ^ to waive the second Commisioner CommissionApprove lll:" ure secon., :omTrsro:er ::*Tttroner Passesreading. Sean Frantom Mary Davis Motion Passes 9-0. 3. ZA-R-254 - A request for concurrence with the Augusta Georgia Planning ltem Commission to approve a petition request to amend the Comprehensive Action: Zoning Ordinance for Augusta Georgia by amending Section 28-B-7 (Signs) - Approved maximum size signs permiued as address markers in residential zones. B za-r-254 staff.odf {B za-r-254 ord.odf E ltemAoorovalsheet.html Motions Motion rf, -a:-_ ,T,___1 f,r r h ^ Motion-^""'"" Motion Text Made By Seconded By il"rri,"[ype Motion to approve and ^ to waive the second Commisioner Commission,Approve ,.luairrg. Sean Frantom Mary Du,ri, tt Passes Motion Passes 9-0. 4. ZA-R'255 - A request for concurence with the Augusta Georgia Planning Item Commission to approve a petition request to amend the Comprehensive Action: Zoning Ordinance for Augusta Georgia by amending Section 19 - Planned Approved Unit Development (PUD) in its entirety. lEl za-r-255 staff.odf E za-r-255 ord.pdf E ltemAnorovalSheet.html Motions X:-" Motion Text Made By Seconded By MotionrYPe --'- -'t -----'-- -r Result Motion to approve and a.-., to waive the second Commisioner CommissionerA hhr^tr6Approve reading. Sean Frantom Mary Davis Passes Motion Passes 9-0. 5. ZA-R-256 - A request for concuffence with the Augusta Georgia Planning Item Commission to approve a petition request to amend the Comprehensive Action: Zoning Ordinance for Augusta Georgia by amending Section 2 - Definitions, Approved Section 4 - Off-Street Parking and Loading, Section 17 - R-3A (Multiple Family Residential), Section 17 - R-38 (Multiple Family Residential), Section18 (Multiple Family Residential), Section 2l B-1 (Neighborhood Business), Section 22 (General Business) and Section 26-2 Special Exceptions relating to Lodging House and Boarding House. IB za-r-256 staff.odf E za-r-256 ord.pdf B ltemAoorovalsheet.html Motions Motion Motion Text Made By seconded By #.f;ilr,ype Motion to approve and a , to waive the second Commisioner CommissionApprove llll" tlr€ seuolru :omTtsro:er ::-Tttroner Passesreading. Sean Frantom Mary Davis Motion Passes 9-0. PUBLIC SERVICES 6. Motion to approve New Location Application: A. N. 18-27: request by Brad Item Usry for an on premise consumption Beer & Wine License to be used in Action: connection with The Southern Salad located at 1008 Broad Street. District Approved 1. Super District 9. (Approved by Public Services Committee August 140 2018) E l.n. l&2z.odf IH I temAoprovalsheet.html Motions X:jl"' Motion Text Made By seconded By Motion I YPe - ----- -r Result Motion to commisioner commissionerApprove approve. ;^"_'l-^':'"'",""' :.""":ooru,.,r passes Motion passes n-0. Sean Frantom Mary Davis 7. Motion to approve the submission of the 2035 Augusta Comprehensive plan for review by the CSRA Regional Commission and the Georgia Department of Community Affairs. (Approved by Pubtic Services Committee August 14, Item2018) Action: Approved [B Aususta Georsia Resolution for Transmittal of Comorehensive plan.docx E AuqustaJransmittaLletter for_Clomprehenisve Plan.docx B ItemAoorovalsheet.html Motions X:jl" Motion Text Made By seconded By Motion'I'yPe ^'^--- -J Result Motion to commisioner commissionerApprove approve. ;":l:':^.::l:1 :,"_"ll'T"':""' Passes Motion passes 9-0. Stu'Frantom Mary Davis 8. Motion to approve the Blanchard & Calhoun Annual Insurance Policy for the Item Augusta Regional Airport. (Approved by Public Services Committee Action: August 14,2018) Approved lEsisned B C downtown.pdf E ItemAoorovalsheet.html Motions Motion Motion;----- Motion Text Made By Seconded BylYPe '.'--- -'1 Result Motion to commisioner commissionerApprove approve. ;"lll^I:_::l- ::""T:"r''vr passes Motion passes 9-0. Stu'Frantom Mary Davis 9. Motion to approve Bid Award 18-179 in the amount of $28,500.00 Chaplin & Item Sons Clearing & Demolition Contract for Window Removal & Asbestos Action: Abatement Hangar One. (Approved by Public Services Committee August Approved t4,20tg) lB Chaolin Sons Deme Airoort.odf E l8-lzg rte - sexr_to p.ApsR.odr E Bid ltem 18-179 Bid Tab Ofiiciat.pdf E Nlail List-and Demandstar Planholders.odf tE l8-tzq nlpn.ndr B l8-179 Recommendation oLAward.pdf lE Georgia Procurement Reqistry Summary.pdf lB ItemApprovalsheet.html Motions X:j1"" Motion Text Made By seconded By MotionrYPe '---- -r Result Motion to Approve approve. Commisioner Commissioner Motion passes 9-0. S.u. Frantom Mary Davis Passes 10. Motion to approve Bid Award 18-173 Hebbard Electrical Inc. in the amount of $66'033.00 - Electrical Equipment Replacement. (Approved by Public Action: Services Committee August l4r20l8) epproved E Hebbard Electric.pdf E l8-lzl lts - srNt to papen.pot E tE-l73 Ollicial Tab Sheet.pdf B m-rzs Ntpe.por E 18-173 Department Recommendation of Award.pdf [E l\Iail List and Demandstar planholders.pdf E ltemApprovalsheet.html Motions X:ji" Motion Text Made By seconded By MotionIYPe - ----- -'1 Result Motion to Approve approve. Commisioner Commissioner Motion passes 9-0. Sru, r.u"to. Mary Davis Passes 11. Motion to approve the award of Bid Item 18-204, LED Digital Display ltem Message Boards to AAA Sign Co. in the amount of $141,435.00. (Approved Action: by Public Services Committee Augustl4,20l}) Approved IB BID 18-204 Parker Recommendation of Award.pdf E AGC Exampte.pdf E \ewman Tennis Example.pdf tE lg-zol Itg - sexr to pepER.par lE 18-201 Officat Tab Sheet.pdf IB Nlail List and Demandstar planholders.pdf IB Georgia Procurement Registry Summary.pdf IE ('ompliance Information.pdf E ltemApprovalsheet.html Motions f#:" Motion rext Made By seconded By fffil Motion to approve. Voting No: Commissioner ^Approve S;#T;ffi Vffi, ;:f;I'#iil" Passes Motion Passes 8-1. 12. Motion to approve a request by Margaret Estelle Morrow for a Massage Item Operator's License to be used in connection with Stella Morrow LMT Action: located at 1833 Central Ave. District 1. Super District 9. (Approved by Approved Public Services Committee August 14, 2018) E N{orrow-lt{assase.pdf lE ItemAoorovalsheet.html Motions X:j*l" Motion Text Made By seconded By Motion'I'YPe - ---- -r Result Motion to commisioner commissionerApprove approve. ;-"-_:^-::^':-'l* ::""::or\'''wt passes Motion passes 9-0. S.u, Frantom Mary Davis 13. Motion to approve the 2nd Amendment to the HVAC Services Contract ltem with Gold Mech Inc. in the amount of $421312.48 for the Augusta Regional Action: Airport. (Approved by Public Services Committee Augustl4,2ll9) Approved lE 2ndamendmentHVAC Airport.pdf E ltemAoorovalsheet.html Motions X:11"' Motion Text Made By Seconded ByIype -'--'- -r Result Approve Motion to Commisioner Commissioner passes approve. Sean Frantom Mary Davis Motion Passes 9-0. 14. Motion to approve Bid Award 18-178 in the amount of $26,500 to Window ltem World of the CSRA - Window Replacement Hangar One. (Approved by Action: Public Services Committee August 14,2018) Approved E \\'indowWorld('SRA-Airoort.odf B r8-lz8_ITB - SENT ToJpApER.pdf E lE-I78 Bid rab ofiiciat.odf E r&tzg Nrps.por lE Recommendation Letter from Department.ndf E I\l ail-List_and-Demandstar Plan holders.pdf E Georsia Procurement Resistrv Summarv.odf B ltemAoorovalsheet.html Motions X:j1"" Motion Text Made By Seconded By Motion'I'YPe - ----- -" Result Motion to^ Commisioner CommissionerApprove approve. cr--_-n_-_,-r_- rr n passes Motion passes 9-0. stu'Frantom Mary Davis ADMINISTRATIVE SERVICES 15. Motion to approve recommendation from the Personnel, Policy and Item Procedures (PPPM) Subcommittee to adopt the revised Employee Appeals Action: and Dispute Resolution 12.0 Policy. (Approved by Administrative Services Approved Committee August 14, 2018) lB 201E-8{ Emolovee Anoeals and Disoute Resolution.odf E ltemAoorovalsheet.html Motions X:j1"' Motion Text Made By seconded By MotionrYPe ---- -J Result Approve Motion to approve with Commissioner Commisioner Passes an amendment that the Sammie Sias Sean Frantom Personnel Board have 60 days to render a decision on employee appeals with an additional five days for publication and if the appeal is not resolved within 60 days that the original decision of termination remain in effect. Motion Passes 9-0. PUBLIC SAFETY 16. Motion to approve grant contract for laboratory technician. (Approved by Item Public Safety Committee Augustl,4rz0l8) ,q.ction: Approved E CIJCC l ggrantcontractlabtechnician.pdf B ltemApprovalsheet.html Motions Motion;----'- Motion Textrype Motion to Approve approve. Motion Passes 9-0. ENGINEERING SERVICES seconded By Motion Result Commisioner Commissioner Sean Frantom Mary Davis rasses Made By 17. Motion to approve the Award of Bid 18-207 in the amount of $6,690,609.41 Itemfor the Deans Bridge Road MSW Landfill Leachate Management and Action: Earthwork to Gearig Brothers Civilworks. (Approved by Engineering Approved Services Committee Augus t 14, 2018) E lg-zoz-rre_- sBNrJo p.ApBR.oar B t8-2oz official.ndf IE Nlandator.v-Pre Bid-Siqn In Sheet.pdf B Nlail List and Demandstar Planholders.odf B Georsia-Procurement Registn'-summarr.odf lB ('omnliance lnformation.odf E Recommendation Letter from_Deoartment.odf lB ItemAoorovalsheet.html Motions Pj1" Motion Text Made By seconded By Motion'f YPe - ---- -'t Result Motion to Approve approve. Commisioner Commissioner Motion passes 9_0. S"u, Frantom Mary Davis Passes 18. Motion to approve Bid Award Bid #18-197 in the amount of $83,731.00 Item for a Vibration Analysis Program - Control Southern. (Approved by Action: Engineering Services Committee August 14,201s) Approved lB l8-l97-Vibration Analysis Program Recommendation of Award.pdf E rg-tgz rrn - soNt to p,{pBR.por lB ll{ail List and Demandstar Planholders.pdf [E ItemApprovalsheet.htmt Motions X:j1" Morion Text Made By seconded By Motion'l'ype - ----- -'t --------- -" Result Motion to commisioner commissionerApprove approve. ;_"_^ll'I:.']-'l:^ :,"'1":"r:T rvr Passes Motion passes 9-0. S"u'Frantom Mary Davis 19. Motion to approve the notification of award of contract to Blair Item Construction, Inc. for services associated with construction of the Fort Action: Gordon New Water and Sewage Connections under the Task Order Program Approved for Infrastructure RFQ #16-178 in the amount of $294,274.20 per Bid Item #18-208. (Approved by Engineering Services Committee August 14, 2018) B Task Order Bid Item t8-208 Director Memo.ndf Er Task Order-Pid ltem_lE-208_TAB.PDF B Invitation to Bid.odf tB tt-zo8 nrpn.oar tE ]\tait Labels.pdf B 18-208 - 2018 Fort-Gordon Nen' Water and Sewer-Connections-Prosram-- Task_Order All.pdf lB ItemApprovalsheet.html Motions Motion Motion Text Made By Seconded By MotionTYPe Result Motion to commisioner commissionerApprove approve. ;:l::^:^"^",^^"^ :,""^":orv,vr passes Motion passes 9-0. Srun Frantom Mary Davis 20. Motion to approve an Encroachment Agreement for Easement, from Item Georgia Power Company, for the Fort Gordon Cyber CoE. (Approved by Action: Engineering Services Committee August 14,201s) Approved lE GPC Encroachment Asreement #126779.ndf Motions []j1"" Motion Text Made By seconded By Motion'I'ype - ----- -'1 --------- -J Result Motion to^ ^ Commisioner CommissionerApprove approve. ;-- _--;,_,--_., .;-:J-^. ^--- Passes Motion passes 9-0. stu'Frantom Mary Davis 21. Motion to approve the notification of award of contract to Blair Item Construction, Inc. for services associated with construction of the SR 10 Action: Water Main Replacement from Fort Gordon New ACP/Gate 6 to SR 223 Approved project under Task Order Program RFQ #16-178 in the amount of $395,739.02 per Bid Item #18-203. (Approved by Engineering Services Committee August 14, 2018) E Task Order Bid Item 18-203 Bid Tab.PDF E Tesk Order Bid ltem lE-203 Director Memo.pdf E Task Order Bid ltem l8-20J Vicinity Nlap.pdf B Invitation to Bid.pdf E t8-zoJ ntps.por B Nlail Labets.pdf E la- 203 SR l0 W4ter-l\Iain \gplqlement From Fort Gordon New ACP Gate 6 to SR 223 - Task Order . Alt-nrtf E ltemApprovalsheet.html Motions Motion Motion Text Made By Type Motion Result Motion to commisioner commissionerApprove approve. Y:l'":"'":o ::-T:troner passes Motion Passes 9-0' Stun Frantom Mary Davis 22. Motion to approve Supplemental Agreement Three for the Phinizy Center Item for Watershed Assessment & Inventory Project in amount of $82,000 for the Action: continued Watershed Geomorphic data collection and Monitoring System Approved maintenance as requested by AED. RFQ 13-149 (Approved by Engineering Services Committee August 14, 2018) B SA 3 Phinizy Ctr 8.J.20t8.docx E Coov of CPB. SAJ Phinizv Ct P242217 8-3^18-rlsr B Phinizv AED Scone of work 8.J.20lE.odf B ltemApprovalsheet.html Motions X:11" Motion Text Made By seconded By Motion'l'ype - ----- -'t --------- -r Result Motion to^ ^ Commisioner CommissionerApprove approve. ;-- ---;:_, ;_,- .-- --:--. --- Passes Motion passes 9-0. Stu'Frantom Mary Davis 23. Motion to approve Supplemental Agreement One for Constantine Item Engineering for Watershed Assessment & Inventory Project in amount of Action: $5121037.50 for the Phase 2 Storm System Inventory, Basin Analysis, and Approved Data Review &. Reconciliation as requested by AED. RFQ 13-149 (Approved by Engineering Services Committee August 14,2013) lB Copv of CPB. SA I Constantine 8.3.2018.x1sx E Phase lB-Stormwater IA Scone Julv 201E Constantine.pdf lB SA I Constantine 8.2.2018.docx E ItemApprovalsheet.html Motions X:j1"' Motion Text Made By Seconded By MotionIYPe - ----- -' Result Motion to Approve appror-^ commisioner commissioner passes rrrotioltpasses 9_0. S.u, Frantom Mary nuuir l 24. Motion to approve Zayo Group, LLC Application and Planters Item Communication, LLC Application to place and use their facilities in Action: Augusta, Georgia Right-of-Way. Also authorize Augusta Engineering Approved Department to process and sign all associated documents with consultation of Augusta Legal Counsel. (Approved by Engineering Services Committee August 14,2018) [B Zavo Aoplication Aususta E.14.lE.pdf IB Planter Auolication Aususta E.14.l8.odf E ItemApnrovalsheet.html Motions Motion Motion Text Made By seconded By Motion Type uvvvusvs uJ Result Motion to^ ' Commisioner CommissionerApprove approve. cr___-rr,-__-r_, rr n passes Motion passes 9-0. Stut Frantom Mary Davis PETITIONS AND COMMUNICATIONS 25. Motion to approve the minutes of the regular meeting of the Augusta Item Commissionheld August 71 2018 and Special Called Meeting held August Action:14,2019. Approved {E Resular Clommission-Nleetins Auqust_7_20l8.odf lE Called Commission l\teetinq Aupust l,l 20lE.odf B ltemAoorovalsheet.html Motions Y:'1"' Motion Text Made By seconded By Motion'f'YPe ' ---- -" Result Motion to Commisioner CommissionerApprove approve. ::j'l'l:::::1 r':_TTT,'r9ner passes Motion passes 9-0. stun Frantom Mary Davis ****END CONSENT AGENDA*,'( ** AUGUSTA COMMISSION 8t2u2018 AUGUSTA COMMISSION REGULARAGENDA 8t2U2018 (Items 26-29) ENGINEERING SERVICES 26. Motion to approve renaming the John C. Calhoun Expressway-Veterans Expressway. (Requested by Commissioner Bill Fennoy) Item Action: Approved Motions Motion Type Approve Motion Text Motion to approve adopting a resolution petitioning the Georgia General Assembly to rename the John C. Calhoun Expressway the Charlie Norwood Veterans Expressway and that a copy of the resolution be presented at the upcoming joint meeting of the Augusta Legislative Delegation and the Augusta Commission. Voting No: Commissioner Mary Davis, Commissioner Sammie Sias, Commissioner Grady Smith. Motion Passes 6-3. Made By Commissioner William Fennoy Seconded By f;TiI Commissioner - Ben Hasan Passes 27. Discuss and adopt funding proposal for comprehensive street light program. Item @equested by Mayor Hardie Davis, Jr.) Action: None E Nlavor_Davis Street_Lishl8.2l. I 8.odf [B ItemAoorovalsheet.html Motions Motion Motion Text Made Seconded MotionrYPe By By Result It was the consensus of the Commission that this item be discussed in a special called meeting to be held on August 23 at 1:00 p.m. APPOINTMENT(S) 28. Motion to approve the appointment oftwo ARC members to the CSRA Item Unified Development Authority in accordance with the attached Resolution. Action: None E 2018 ARDA-LrDA RESOLITTION richmond.pdf lB ItemAporovalsheet.html Motions Motion Made Seconded MotionTYPe By By Result It was the consensus of the Commission that this item be discussed at the special called meeting scheduled for August23 at 1:00 p.m. ADDEI\DUM 29. Presentation by Rev. Charles Goodman, Pastor of Tabernacle Baptist Church, Item regarding the proposed sale of the Wallace Branch Library Property. Action: None Motions Motion Text Motion Made Seconded MotionTYPe By By Result lt was the consensus of the Commission that this item be added to the agenda. Motions Motion \ir^1:^_,.ri-__1 Made Seconded Motion;----- Motion TextrYPe By By Result Discussion of this item is held with comments presented by Rev. Goodman. No formal action is taken. LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 30. Motion to approve execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Item Action: None www.augustaga.gov CALLED MEETING PRESENT: Hons. Hardie Davis, Jr., Mayor; Jefferson, Davis, Fennoy, D. Williams, Hasan and Smith, members Commission. COMMISSION CHAMBER August 23,2018 Sias (participates by telephone), of Augusta Richmond County mernbers of Augusta RichmondABSENT: Hons. Frantom, Guilfoyle and M. Williams, County Commission. Mr. Mayor: All right, we'll call this meeting to order. All right, we're here to talk about two iterns. This is our agenda, special called meeting. The Chair recognizes Madam Clerk. The Clerk: 1. Discuss and adopt funding proposal for comprehensive street light program. (Requested by Mayor Hardie Davis, Jr.) (Deferred from the August2lrzllSmeeting) Mr. Mayor: All right, the Chair recognizes Madam Administrator. Ms. Jackson: Yes, sir, we have a brief presentation that we're about to que up. A very brief presentation that we sent out to you around 12:30 today. We will go over it very quickly and then we'll turn it back over for the (inaudible). Mr. Mayor: Do you have copies of it, by chance? Ms. Jackson: We do. Much of this information is repetitive so I can go through it veryquickly. Our goal is to generate sufficient revenues to operate the current system systemically reducing the current deficit and to provide some funding to enhance or expand the current level of operations. Our goal best case scenario is generate $6.5 million dollars projected to cover $5.8 million dollars in operating cost, a three-year plan of reduction of the deficit, $400,000 per year for three years and $300,000 for maintenance and upgrades of the current system. In the fourth year of that we would have $700,000 of that available for maintenance and upgrades. This chart is the very same chart that we had with you the last time we discussed this in detail. The option that you voted on at that time was to generate the $6.5 million dollar flat rates for all with commercial being 50% higher than the residential rate. That would mean that those without a bill currently they would pay, residential customers would pay $87, commercial customers would pay $131. All other residential customers $87, all other commercial customers $131. We also atihat time, you all did not vote but we discussed at some length in that meeting as well as in subsequent discussions with several of you the last line in pink, the patch option, which would g"rr".ut" $6million dollars by having each customer pay $23 on the residential side, $35 on the iommercial side, which is to say that currently if you have no bill you pay $23. If you have a bill currentlyyou would pay that bill plus $23. I looked at my bill, it's $24. I'd just add $23 for a total of $a7for my particular bill under that scenario and for commercial customers it would be $35 plus whattheir current bill is. Necessary options. Necessary actions are determining a billing rate, amending the ordinance and implementing a new billing structure for inclusion on the 2018 iax bills. As yoi all are aware, I have asked the Tax Commissioner for additional time pending resolution of this issue but this is the last time I can ask for that. He's got to go on and do what he has to do. As analtemative, given the fact that we did not have consensus,I sent out an email to you all earlier today, this describes the patch structure which I've already described. That would give us a fix and let's be clear, that would be in effect for 2018 only. We would still have to discuss a new structure for 2019. If we go that route, I would recommend that we begin discussions about 2019 options as soon as possible. The patch would add $23 to tax bills of all residential properties outside of Hephzibah and Blythe and $35 to commercial properties as we had discussed and it provides revenue for 2018 that when added to the revenue from the existing billing of suburban area and the transfer from tax collections in the urban district, it keeps the deficit from increasing so basically this is what we call the stop the bleed option. Impact. If you all cannot select eithei of the rate structures that we have discussed so far, we as staff are recommending that you approve removing $ 1.8 million dollars from the General Fund reserves in order to take care of the $gOb,OOO which is expected as an operating deficit as well as to replace the million dollars that we budgetedin20l7 for arterial lighting that we did not budget in'18. As you will recall, we did not budget for that in 2018 because you all had committed to fixing the system so the total would be required from fund balance to take care of this in 2018 would be $1.8 million dollars and obviously any time we take money from fund balance that requires a vote of the Commission. So that's it. Timeline is today. Mr. Mayor: Ms. Jackson, a couple of questions. And I'm certainly not going to belabor this. If you go back to your impact slide, bullet point two, one million to cover arterial lighting. What does that mean? About 3600lights that we own in our systern, does that one million cover any of those lights? Ms. Jackson: Can you define arterial, John, for us? Mr. John Ussery: As far as the arterial lights, arterial lights are the lights that are on streets that have two lanes in each direction or three lanes in each direction. Out of the 4,000 or so lights that Augusta does own, there are maybe a few hundred on the arterial streets but the majority of them are in the downtown area and they are not on arterial streets so the million dollars would cover, say like Riverwatch Parkway, Calhoun Expressway, those types of things but the majority of the lights that we own are not on arterial streets. Mr. Mayor: All right, I'm going to stop there. I'll take any other questions if there be any other questions. The chair recognizes the commissioner from the 1't. Mr. Fennoy: I'd like to make a motion that we go with the 87/13r. Mr. D. Williams: Second. Mr. Mayor: We've got a motion and a second. The Clerk: Did you hear that, Commissioner Sias? Mr. Sias: Yes, ma'am, I just want to be clear. I believe that was Commissioner Fennoy that said the 87/131. The Clerk: Yes, sir, and Mr. Dennis Williams seconded that. Mr. Sias: Okay, are we voting yet? Mr. Mayor: We are. The Clerk: I'll ask you once they're finished voting here. Mr. Mayor: All right. Voting. Ms. Davis, Mr. Jefferson and Mr. Hasan vote No. Motion fails 4-3. Mr. Mayor: Okay, Madam Administrator, if you'd approach again. I'm going to go back to the same slide, the impact slide. We talked about effectively $800,000 deficit and today we're talking about a $1.8 million dollar effective transfer from reserves. Okay. One of our challenges is to draw down or pay down the deficit. That probably is priority one. This issue around onemillion to replace the transfer to cover arterial lighting I'm concerned about that from the perspective of when you look at our system again as we learned on Monday to those of us who were at the meeting even if we use a round number of 4,000 lights and their associated annual cost of that and then of course we know how many lights are on Riverwatch Parkway, i.e. the arterial streets, this is a fairly large number, one million. I'm curious to understand how we arrive at that number and maybe this is not the right time to talk about it and if it's not, I'm okay with that. But I think what we're next going to ask this body to support is effectively a $2 million dollar transfer from fund balance. Ms. Jackson: You have that option as well as having the option of the plus 23. Mr. Mayor: All right, the Chair recognizes the commissioner from the I't. Mr. Fennoy: I'd like to make a motion that we adopt the plus 23. Mr. Sias: Ms. Bonner, I'm going to have to take out my appointment. It's missing. The Clerk: Okay. Mr. Sias: Thank you. The Clerk: Yes, sir. Mr. Mayor: Now here is what I would suggest. All right, I can immediately say thatmotion has failed without a proper second, which is the case as it is right now, but to ihut Lnd, Ithink our posture is the following. One, there is a desire to pay down ih" d"fi"it and what is the effect of only paylng down the deficit and not using the one million to replace the transfer to cover arterial lights? Ms. Jackson: The deficit grows. Mr. Mayor: And again the deficit will continue to grow which we already all acknowledge and we've known for a couple of weeks that there was not support for this. I think that's a fair statement but I also would submit that there's probably not support largely for us to take $2 million from the fund balance in order to do this and that's just Hardie Davis talking but I think that that is probably a fair statement and that's not the posture we want to be in. So what is our middle 99und in terms of paying a portion of the deficit from multiple sources? The gentle lady from the 3'd has expressed an interest in taking portions of contingency to use that as a part ofihat and t think that's certainly still on the table as it should be. And again we may not piy it down in full in the year 2018 but what we can do is get to a place of where we have a clear target of what we want to accomplish for 2019. I'm pretty confident we're not going to solve this today. But what we can do is give some sense of assurance that this is where we are as we track towards the budget conversation in Septernber and October and we at least give some sense of direction for that. That's where we are. Ms. Jackson: Our current contingency remaining is approximately $470,000. The most I would recommend that you take from that right now is $200,000. Mr. Mayor: All right. Where can I get another $600,000 from? Ms. Jackson: I wish I could tell you there are some other sources. I guess the biggest issue we have right now, we've had this ongoing discussion about electric franchise fees. They were actually less than, a million dollars less than what we projected for the year so in the absence of that electric franchise fee, we may very well not generate the amount of money that we budgeted for 2018. That's why our fund balance was on the impact sheet unfortunately. Mr. Mayor: Okay. Ms. Jackson: I may also add that under the plus 23 scenario my recommendation would be to also take $200,000 out of contingency and pair that with the plus 23 as a way to use the $200,000 from contingency to pay down some of the existing deficit and the plus i: generates enough revenue to ensure that you cover this $1.8 million dollars that you're taiking about up on the screen right now. Mr. Mayor: Okay. All right. Okay, I'm going to be blunt right now. There are insufficient votes to move anything forward. There are insufficient votes to do it. So what I'm going to suggest is that we table this conversation. There are insufficient votes to do it and let's tat<i ttre gun o-J of our hands so that we don't shoot ourselves and decide what is perhaps the best approachlo at least begin attacking the deficit that we have in light ofknowing thatif we get into the budget discussion,we're going to get to a better place for the year 2019. Because again the math is simple. Thereare insufficient votes to get anything done and there's no reason for us to just keep talking. If we can do that, that would. be most helpful to this body. All right, the Chair recognizes the commissioner from the 5ft. The chair recognizes the Mayor pro Tem. Ms. Davis: Thank you, Mr. Mayor. I guess this goes to the Tax Commissioner. I think he had mentioned something today that he still does need a vote as far as at least moving forward with the last year's fees for street light in order to get on the property tax bills. So I wanted to check on that with Mr. Kendrick and check on that time line as far as if we're not going to do anything different do we need to go ahead and move forward with what was last year's fees. Mr. Kendrick: Well, I just talked to my property tax director who is in charge of the bills and he basically told me that you know it's kind of tough to say it like this but if you guys have an opportunity to fix this, he can extend more time. We are going to submit the digest tomorrow. The digest that we submit has nothing to do with this portion of it. The part that we add to the bill is a line item that is usually a submission from an outside department to our office so we will begin the part of the process to do the bills anyway. There is a deadline to put this line itern on. That deadline is not today so if you guys get to next Tuesday and you can fix it next Tuesday, we can probably still put this on the bill with no problem so a submission is not required today. By next Tuesday we can talk again. I'll tell you where we are and we'll know. But as it stands right now, you have a few more days to get that done in order for me to meet my statutory guidelines we're well within our (inaudible). Mr. Mayor: All right, Commissioner Kendrick, here's a follow-up question. I think it's important for you to share with this body what that means when you say get this on the tax bill. Mr. Kendrick: So when we submit a digest and we go to Atlanta, we are given the permission to bill for ad valorem taxes. The agreement between the City of Augusta and the Tax Commissioner's office to carry both street lights and solid waste is an independent agreement. So that is a line item on a bill that is given to me by submission. So each year the Solid Waste Department sends me a file. That file indicates to me this is what you want on this bill. As of this time the City has not produced any file for me officially that tells me what to put on this bill. Now as I mentioned to some of your earlier, we could take it upon ourselves to put in what happened last year but that would not be with any direction from this body or from a particular department. We would prefer a department much like GIS or Engineering does normally send us something to say here is our official submission. As of right now, we haven't received no official submission. Mr. Mayor: Okay. I would ask, Commissioner Kendrick, for you to qualify that staternent because there is a distinction between last year and what is being considered for this year and if you would again for this body explain what the distinction is particularly with regards to those who do not get a tax bill from you and those who will pursuant to any action that this body will take. Mr. Kendrick: And if we did what we would do normally you will get the exact sameproduction and the people who received a bill last year will get them in the same format as they did last year so those who did not get a bill last year won't get a bill. Those who received the biil with whatever charge there was for street lights will get that same bill. It would replicate the same revenue generation as we've done in past years which would continue the same deficit that you all are working in right now. What's dangerous and really why I need the submission is because if I put nothing on there, nothing will come in so the deficit will be much larger so at least from my office's standpoint, we would like to see something be submitted. Now I have had conversations with the Finance Department. Ms. Williams did send us a file and we were working under the prernise and we were doing some testing under the premise that we thought we could predict what this body would do so we felt like we knew what the number was so we were working on it. Unbeknownst to us that did not happen and so we received some information from the City but that was our department and Finance that tried to do our testing. Right now what we have is a complete file from last year that would go to the exact same parcels as last year. Nothing additional has been added. Mr. Mayor: I appreciate that, Mr. Kendrick, Tax Commissioner. I want to further draw the distinction here and again we want to get to a better place. As I've said, I don't have to do much math, but I know there's insufficient votes to do anything. At the end of the day the difference between the current file and I'm concerned with your analysis that you need something from this body because what I would submit is that we're going to do what we've done last year without any additional actions from this body so the deficit will only grow to the degree that there are new lights added to the system. Otherwise it will remain what the deficit grows by annually anyway. The only thing that will change substantially is that if we adopted any of these proposals is that this body would now be levying a fee against parcels that currently do not have a fee. That's the distinction. So we're growing that list which thereby brings us that additional revenue to close the deficit and I think everyone needs to fully understand that. That's the difference between the current shaped file and the shaped file that will be implemented if we adopt any of these measures. Mr. Kendrick: Mr. Mayor, what we meant by the submission from this body, and I probably misspoke, I really meant from a department, we typically only submit and put things on the bill when we received it from the department that is responsible for making that calculation. If we don't get anything this year and we haven't, then it would be presumptuous for me as Tax Commissioner to put on the bill what happened last year. Each year we receive a file from someone saying here's what we want. Having received nothing this year I told my office that if we don't receive anything, and I put on what was there last year, then I could come under criticism from this body for saying who told you to decide that was the number. So what we decided was that if we don't get a submission, I have no way of knowing what your agenda was, what your thoughts were. All I had was last year's. And I'll just add I'm not sure anywhere within this govemment there exists a document or an MOU that describes the relationship between the Tax Commissioner's office and the billing of those things on what is considered across the state the Tax Commissioner's bill. This gentleman's agreement that has been going on has happened for at least ten years because I've been here. But at the same time without anything that directs me to put that on there, I'm at a loss for how to decide whether to put 2017's numbers there or nothing there and so I just ask for someone, it could be the same department Engineering, they could send me the file from last year again then at least I would have a document of something that says somebody told me this is the number. Mr. Mayor: I understand. Very well. I really appreciate that, sir. Thank you. All right, the Chair recognizes the commissioner from the 5ft. Mr. Jefferson: Thank you, Mr. Mayor. My question was pretty similar to the Mayor Pro Tem but I would also like to ask the Administrator and the Finance Chairman we spoke about the franchise fees from the two power companies and I thought that was a substantial amount ofmoney and you said that's short. Explain to me how much have we collected in franchise fees - Ms. Jackson: It's not the two, it's the one, Georgia Power, where we're seeing a substantial decrease. When we went into the budget process last year at that point Georgia Power was projecting that there would be a decrease in the amount of revenue. We built some decrease into the 2018 budget. When the actual check came in around February/March, it was even less than what they projected it to be. Mr. Jefferson: But we weren't quite sure of the number of lights that we had so how - Ms. Jackson: Separate issues. Yeah, separate issues. The franchise fee is just based upon they pay us - Mr. Jefferson: -- consumer - Ms. Jackson: -- their revenue. Yeah, their total revenue and that is the check that came in later and I was just using that, as the franchise fees as one of our major sources of revenue and that has been down a million dollars from what we expected. Does that clarify your question? Mr. Jefferson: It clarifies but I'm still trying to figure out how you know how was the projection off that much. Ms. Jackson: We have to take the numbers the best guess that they give us. At the time we formulate the budget, we ask thern for an estimate. They gave us an estimate as again saying that it would be less than the previous year. It turned out to be even more, more of a difference than they thought from the previous, more of a decrease from the previous year than they thought. Mr. Jefferson: We don't have a way of tracking it from our end? So it's strictly based on what they give us? Ms. Jackson: What they give us. Mr. Jefferson: Thank you. Mr. Mayor: Again we'll proceed as we indicated a moment ago, Madam Administrator. Item number two, given our current posture, I would ask this body if we would table that until our next meeting and we don't have sufficient enough votes who have expressed an interest in weighing in on submitting names. We've got, I know, two commissioners who have expressed that they have some names and they're not here in Frantom and Williams. And if it pleases the body then let's table that until our next meeting. All right, the Chair recognizes the commissioner from the 6n. Mr. Hasan: For the record as well, Mr. Mayor, I have rurmes to submit as well. Mr. Mayor: Say that again, sir. Mr. Hasan: I have names I,d like to submit as well. Mr. Mayor: Yeah, absolutely. Mr. Hasan: Mr. Mayor, I don,t think you were here as well. Mr. Mayor: Will you speak into the microphone? Mr. Hasan: I'm sorry. Were you here much earlier Ms. Bonner was giving us somehistorical knowledge about what the representation looked like, not that we have to stay with that model, but we was trying to get a feel for that because we - Mr. Mayor: I wasn't. I got in here late. Mr. Hasan: -- and we was tryrng to do that because when they were saying there was a slew of names I was tryrng to make sure did we want to deviate from past history for whatever reason and that's our prerogative to do that but based on she was telling us someof the players that, appointees that had been on the board previously and most of those *ere com-issioners right down to Walter Sprouse from the Executive Director to Commissioner Mason our latest representation but previously Commissioner, I'll let Ms. Bonner. She'll do a much better than myself. The Clerk: I'll just put it on the screen. Common set of facts, sir. Preface that, amemo was sent to the Commission about a week and a half ago, I think all of ya'll may recall getting it. Mr. Mayor: Okay, commissioner from the 6ft continue, sir. Mr. Hasan: So my point was in looking at what we have done historically, number one, Ijust want to make sure that we, if we want to consider, will it be a consideiation to keep a commissioner in play, but at the same time I reached out to the current Economic Development Director yesterday and spoke with him about it and he definitely had an interest in being linauaiUte;be on it as well. So I wanted to use (inaudible). The other day a commissioner was mentioned and so just wanted to make sure when we say we have a slew of candidates I was tryrng to figure out how far we were going to veer off of history. Mr. Mayor: Well, my only comment to that would be I think we'll follow the will of thebody and if we want to follow that similar path, I'm certainly not one to stand in the way of that.I'll advocate for it if that's what ya'll want to do. All right, thl Chair recognizes the commissionerfrom the 1't. Mr. Fennoy: Mr. Mayor, what would be helpful to me if I could get a list of names frommy colleagues that they want to put on this authority so that I would at least be familiar with themso that when it would be familiar it would be easier to narrow down two people as opposed to a bunch of people nominating people at the Tuesday meeting and then try to come up with twonirmes from that list. Mr. Mayor: Yeah, okay. So I think,!*'l certainly appropriate as well. Okay, I,m lookingat it from a historical perspective. Madam Clerk, do youknow what the state of mleting was foithis body? How often they would engage or did thiy upon adopting a slate of membls, theywould activate the board at a time uncertain or when necessaryZ Does that make sense? The Clerk: No, sir. Mr. Mayor: Okay, in other *o{: youlve got a group of people from 13 counties that saywe're going to be a part of this board. When did they meet? The Clerk: Okay, they do have bylaws and the agency that is in association with thern isthe CSRA Regional Development Commission. They are the ones that assist this board with theiradministrative duties and bylaws regarding their meeting times, how often they meet, that sort of thng. Certainly I can request that information from the rour". that submitted this req-uest to us tohave Augusta appoint its t',rro members to the Authority and also, well, go ahead. Mr. Mayor: We're listening. The Clerk: And what I was going to offer is to give you all some insight onto the thought process regarding when the Commission entered into this partnership and t thint I'll send thoseminutes out to you and you can hear the thought process, the reason for thern finally agreeing tobecome apmt of the Authority and why that was all done so I think that might heli you in yiur deliberation process. Mr. Mayor: That would be helpful. I believe that would be helpful. The clerk: And then I'll get the bylaws and I'll get that out to you all. Mr. Mayor: The chair recognizes the commissioner from the 2rd. Mr. D. Williams: My question has something to do with the item that we finished already. Mr. Mayor: All right. you can certainly - Mr. D. Williams: The (inaudible) project (inaudible) lights (inaudible). The Clerk: Can we get you to speak into your mic, sir? Mr. D. Williams: I need some lights in certain parts of my district. And that,s why I'mvoting for the increase, you know. And no matter how much *" .it down here figuring oriho*many light poles we have and curb lights and traffic lights, you're going to need some more thanyou have. Our city is growing, there are a lot rno." u.t"riuf figntr ,""=d"d in my district alone. Need a bunch of street lights. Folks have been on my back since I got here. And we go fuss aboutsome $87 ayear. Mr. Mayor: Well, commissioner, let me say it this way. I understand exactly what you,rewanting. Again, you do not have support for anything today. Mr. D. williams: I understand that. I just wanted to say my piece. Mr. Mayor: Okay. Mr. D. Williams: Because I,m not going to change my vote. Mr. Hasan: We'll talk. Mr. Mayor: I'm trying to make this easy on all of us right now because we can just keeptalking about it and talking about it. we've got to get to a bettei place. 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 copyof the minutes of the Called Meeting of the Augusta fuchmond County Commission held onAugust 23,2018. Clerk of Commission 10 CALLED MEETING COMMISSION CHAMBER August 28,2018 Augusta Richmond County Commission convened at 11:00 a.m., Tuesday, August 28, 2018, the Honorable Hardie Davis, Jr., Mayor, presiding. PRESENT: Hons. Jefferson, Guilfoyle, Sias, Frantom, M. Williams; Davis, Fennoy, D. Williams, Hasan and Smith, members of Augusta Richmond County Commission. Mr. Mayor: Good morning, everybody. I want to call this meeting to order. The Chair recognizes Attomey 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. D. Willixms; So move. Mr. Jefferson: Second. Mr. Mayor: Voting. Mr. Mayor: I do want to take an opportunity before we all walk away and go in closed session to welcome back the commissioner from the 7ft, Commissioner Frantom. Again our prayers continue to be with he and his family as a continuous joumey. Several of us had an opportunity to be a part of the homegoing celebration on yesterday and those of you who have been praying for him and will continue to pray for him I know he appreciates that. The Chair recognizes the commissioner from the 7ft to say a few words. Mr. Frantom: Thank you, Mr. Mayor. Yeah, it's been a difficult week for my family. I just want to saythank you to all the department heads, all the colleagues that reached out, the Clerk for coming by. Ya'll are like family to me and I appreciate it so thank you. Mr. Fennoy and Mr. Smith out. Motion carries 8-0. ILEGAL MEETING] Mr. Mayor: All right, the Chair recognizes Attorney MacKenzie. 2. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Mr. MacKenzie: I would entertain a motion to execute the closed meeting affidavit. Mr. Frantom: So moved. Mr. D. Williams: Second. Mr. Mayor: Voting. Mr. Smith out. Motion carries 9-0. Mr. Mayor: Okay, we've got a couple of things I want to make mention of before and then the Chair is going to entertain a motion to add an item to the special called meeting agenda again. It will require unanimous consent to do so. In fact, let's go ahead and dispose of that right now. We have a request from the commissioner from the 8ft to add an item to the special called meeting agenda. Do we have consent for that? Mr. Sias: No. Mr. Mayor: Okay. Mr. Guilfoyle: Point of privilege, Mr. Mayor. Mr. Mayor: I'm going to come to you. Yes, sir. I am going to come to you. There's objection. All right, the Chair recognizes the commissioner from the 8ft. Mr. Guilfoyle: Mr. Mayor, you know this is our last chance to get this street light issue fixed and for us I wanted to show my colleagues what actually other people actually have to pay and it's done by the linear footage which is not a and I wish my colleague who's against it would actually consider it. I don't care if he supports it when it comes to a vote. If you would just give me the time so I could show you what actual citizens pay for their street lights. Some's up to $423.00 consistently with that so that's all I'm asking for is for my colleague to reconsider. Mr. Mayor: Yeah, all right, the gentleman from the 8ft in his request for adding this item that does not have support to add it to the special called meeting agenda. I think what he does is he further raises the grave concem around a solution to this issue of how we fund our street light program. I think that we've had great discussion in the sub-committee process. We've had great discussion beyond that as well and a series of votes. They further in my mind magnifu the need for greater understanding and more importantly, having a solution for the whole issue around street lights today and for future generations of Augustans so I look forward at the appropriate time to having that broader discussion. All right, so we will not be adding that to the special called meeting agenda. I want to draw everyone's attention to your notebooks in the front leaf there are a number of advisories there. On Friday, I want to remind everyone on the 3lst at 10:00 a.m. there is the interview process for candidates for the position of Director of Transit for Augusta, Georgia and again Augusta Transit Service. That will take place on Friday at l0:00 a.m. I also want to remind everyone that the Augusta Commission's 3PM Study Sub-Committee will have a meeting on Wednesday, August 29 at 10:00 a.m. in Room 291. And the Judicial Circuit Clerk in Columbia and Richmond Counties have a Protocol Committee Annual Report that they have submitted. That's also there. I want to encourage everyone to be mindful of that and on August 22Madart Clerk provided to this body information related to a planning and visioning trip to Columbus, Georgia regarding the conceptual Augusta Whitewater Course. Please pay attention to those things. They are extremely important and let's make sure we are in place to address those things. Yes, ma'am. The Clerk: Let me make a correction on the public notice regarding the Transit Director's interviews. That time change is now l0:30 a.m. Mr. Mayor: 10:30 for that time change. Please make a note of that. Can I come back to you? I want to get a couple of motions. The Chair recognizes the Mayor Pro Tem for a motion. Ms. Davis: Mr. Mayor, I'd like to make a motion to approve the settlement of all claims of Ed Boyles Automotive Group related to property damage in the amount of $351000 and to authorize the Administrator to disburse this amount from the Fire Department funds. Mr. Guilfoyle: Second. Mr. Mayor: I have a motion and a proper second. Commissioner from the 8ft with the second. Voting. Motion carries 10-0. Mr. Mayor: The Chair recognizes the commissioner from the 7e. Mr. Frantom: Mr. Mayor, I'd like to make a motion to increase the salary of Senior Staff Afforney Jenise Smith to $107,541.81 effective the beginning of the next pay period. Mr. Sias: Second. Mr. Mayor: A motion and a second. Voting. Mr. Guilfoyle votes No. Motion carries 9-1. Mr. Mayor: The Chair recognizes the commissioner from the 6ft for a motion. Mr. Hasan: Mr. Mayor, motion to approve expansion of Augusta's current insurance to include security system coverage. Mr. Sias: Second. Mr. Mayor: Voting. Motion carries 10-0. Mr. Mayor: The Chair recognizes the commissioner from the 4ft. State your inquiry. Mr. Sias: Thank you, sir. Reference to my colleague from the 8ft request that I reconsider my objection to the item of the street lights agenda being added. We've been working this street light agenda issue for quite a while. We came up with some very good alternatives and we have to solve a problem that we have with our street light fund. Now we've had numerous votes on this and one of the things that's been paramount to this issue was to leave our tax-exernpt propertiesoff this particular charge. The item request to be added to the agenda changes that so if we're going to do the business of the people of what we need to do, whenwe have these opportunities to get these things resolved without going to patchwork, we shouldn't do that. And weive had more than enough opportunities to do this right. Ifmy colleague is willing to support the 131 commercial and 87 annual for residential, annual for both, then I will have no problem in supporting his request to add this to the special called agenda because it's an urgent itern that *e reed to address, Lut I cannot and will not support half-way doing it. We need to fix it and fix it so it will last for years. Thank you. Mr. Mayor: All right, I appreciate that. All right, I do not believe that there are any other matters. Well, there's one, no, we've already addressed that. If there are no other matters before us, Madam Clerk, Attorney MacKenzie, all right, committees. 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 copyof the minutes of the Called Meeting of the Augusta Richmond County Commission held on August 28,2018. Clerk of Commission Commission Meeting Agenda 9/4/2018 2:00 PM Federal Airport Improvement Program (AIP) Grant 3-13-0011-042-2018 Department: Department: Caption:Motion to accept and authorize sponsor execution of Federal Airport Improvement Program (AIP) Grant 3-13-0011-042- 2018. The Grant Agreement will obligate $13, 873,749.00 in federal grant funds to cover 90% of the costs of the following Augusta Regional Airport (AGS) Projects: 1) Rehabilitate Apron (Terminal and GA Apron Phase II) 2) Relocate Electrical Lighting 3)Vault Security Enhancements Background:These projects are part of the Airport’s approved Capital Improvement Program (CIP). The remaining costs of the abovementioned projects will be funded by the Georgia Department of Transportation (5%) and local Airport Enterprise Funds (5%). This short suspense made it impossible to accomplish consummation within the normal committee/commission meeting cycle. Analysis:The primary conditions of the grant includes financial reporting requirements, construction timelines, and several standard Federal Aviation Administration (FAA) grant assurances. Financial Impact: Alternatives: Recommendation:Approve Funds are Available in the Following Accounts:Cover Memo REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 9/4/2018 2:00 PM EMPLOYEE DISCIPLINE APPEALS Department: Department: Caption:AN ORDINANCE TO AMEND THE AUGUSTA, GA CODE TITLE ONE, ARTICLE FOUR, SECTION 1-7-51 RELATING TO THE ADOPTION OF PERSONNEL POLICIES AND PROCEDURES OF AUGUSTA, GEORGIA; TO AMEND CHAPTER III, SECTIONS 300.001 THROUGH 300.017 AND ALL ASSOCIATED FORMS OF THE PERSONNEL POLICIES AND PROCEDURES MANUAL REGARDING EMPLOYEE DISCIPLINE APPEALS; TO ADD SECTIONS 300.000, 300.018 and 300.019; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. Background:Policy change approved by the PPPM Subcommittee August 8, 2018, Administrative Services Committee on August 14th and the Augusta Commission August 21, 2018. Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts:Cover Memo REVIEWED AND APPROVED BY: Cover Memo Page 1 of 41 EXHIBIT B REPLACE WITH: CHAPTER III. GRIEVANCES, DISCIPLINE, & APPEALS I. POLICY Section 300.000 POLICY SUMMARY This policy provides direction and authority to resolve employment related disputes. Each party shall seek guidance from the Human Resources Department regarding such disputes. Non Substance- Abuse Termination Substance Abuse Termination Suspensions/ Demotions Other Disputes Step 1 Informal within dDepartmental Supervisor/Manager X X X X Step 2 Department chain of command (if a manager who was not involved in the dispute within the Department is available to hear the dispute) X X X X Step 3 Administrator X X X Step 4 Personnel Board X 1.0 POLICY STATEMENT: A. General It is the policy of Augusta, Georgia to facilitate the fair, equitable and timely resolution of disputes arising from employment with Augusta, Georgia. The goal of the dispute resolution process is for the parties to the dispute to exchange and review information in order to determine whether revision or rescission is warranted of an employment action, corrective Page 2 of 41 action, discharge or other end of employment, or other application of policy, (“covered employment dispute”). INTERNAL With all disputes an employee is encouraged initially to attempt to resolve the issue informally with his or her immediate supervisor with advice and counsel from the Human Resources Department, (Step 1), although this is not required and does not extend the deadline for filing a written complaint. Non-Substance Abuse Terminations Department dDirectors have the authority to make termination decisions for employees within their department. (Step 2). A decision rendered by a dDepartment dDirector is final unless the employee timely appeals to the Administrator’s Office. Appeals to Administrator (Step 3) An employee who has been terminated may file an appeal to the Administrator within five (5) days after the date of the termination if he or she disputes the termination. The Administrator should render a decision on the appeal within ten (10) days from the date of the employee’s appeal to the Administrator. The Administrator may, but is not required to, meet with the employee and/or the dDepartment dDirector prior to rendering a decision. If the Administrator upholds the termination decision, such decision is final unless the employee timely appeals to the Personnel Board (“Board”). The Administrator may reverse the termination decision or may reduce the termination to a lessor form of discipline. Appeals to the Board (Step 4) The Personnel Board will be composed of twelve (12) individuals, one appointee for each Commissioner and two (2) legislative delegation appointments. In order to be qualified to serve on the Board, an individual should have (but is not required to have) professional or academic experience in employment relations and cannot be an employee of the Augusta, Georgia government. Page 3 of 41 An employee who is terminated for a non-substance abuse reason may file an appeal to the Board within five (5) days after the date of the decision of the Administrator upholding the termination. Within thirty (30) days from the date of the employee’s appeal to the Board, a hearing shall be scheduled. Once a hearing is scheduled, each party may request a continuance if appropriate, but no party can request more than two (2) continuances during the course of an appeal. The Board shall render a written decision, which sets forth evidentiary reasons for the decision, within five (5) business days of the close of the hearing. The decision of the Board shall be in writing which shall set forth the reasons for its decision regarding the dispute. All appeals to the Board shall be resolved within sixty (60) days from the date of the filing of the appeal. If the appeal is not resolved by the Personnel Board within sixty (60) days from the date of the filing of the appeal, the termination shall be upheld. The Board shall only have the authority to uphold the termination or to reverse it. When appearing before the Board, employees are responsible for any expenses incurred by them. The decision of the Personnel Board is the final step of the dispute process for non-substance abuse terminations. Substance Abuse Terminations If the Department Review does not resolve a substance abuse termination, employees terminated pursuant to the substance abuse policies may appeal to the Administrator's office (Step 3) who will have final internal authority to resolve the dispute. Step 4 does not apply to terminations resulting from violations of the substance abuse policies of Augusta, Georgia. Suspensions/Demotions If the Department Review does not resolve a suspension/demotion dispute it may be appealed to the Administrator's office who will have final internal authority to resolve the dispute (Step 3). Step 4 does not apply to suspension/demotion appeals. Other Disputes Other disputes within the scope of this policy (see Scope below) are to be resolved at the departmental level. If informal discussions cannot resolve a covered employment dispute that does not involve allegations of unlawful discrimination or harassment, it should be submitted to the employee's chain of command, to be addressed, in accordance with department procedure, by a manager(s) who was not involved in the dispute ("Department Review"). Steps 3 and 4 do not apply to disputes that do not involve termination, suspension or demotion. The final step for these disputes is with the dDepartment dDirector. EXTERNAL Disputes that are not resolved through the Equal Employment Opportunity Complaint Resolution Procedures or at the Administrator’s Office or at the Personnel Board may be resolved in a court of law or through alternative dispute resolution. Page 4 of 41 This Policy does not preclude an employee from filing an administrative complaint with a state or federal government agency. B. Retaliation An employee who files a complaint or participates in the complaint process shall not be retaliated against for such conduct. C. Scope 1. Disputes Within the Scope of this Policy A complaint is a written claim by an employee regarding a specific management action(s) that is alleged to have: a. adversely affected that employee’s existing terms and conditions of employment in a material way, and b. violated a provision of the Personnel Policies or Procedures or c. constituted unlawful discrimination or harassment 2. Disputes Outside the Scope of this Policy a. Concerns or inquiries regarding classification standards, benefits, salary rates for job titles, salary ranges for job classifications, or the contents of the personnel policies. These concerns or inquiries may be submitted to Human Resources for consideration. b. With the exception of a corrective salary decrease (which is within the scope of this policy), concerns or inquiries regarding an individual employee’s rate of pay or change in rate of pay, unless the employee’s complaint alleges that the action was taken for unlawful discriminatory or retaliatory reasons in violation of the Equal Employment Opportunity Policy. These concerns or inquiries may be submitted to Human Resources and/or the Office of Compliance for consideration. c. A request for review of a decision on the classification of a position. d. A management action taken pursuant to a policy or procedure, unless the complaint alleges that the action was taken violated the terms of the policy or procedure, or for unlawful discriminatory or retaliatory reasons. 2.0 COMPLIANCE RESPONSIBILITIES Page 5 of 41 Human Resources is responsible for this policy and has the authority to implement the policy. The Human Resources Director may apply appropriate interpretations to administer and clarify the policy provided that the interpretations do not result in substantive changes to the underlying policy. 4.0 PROCEDURES TO IMPLEMENT POLICY Human Resources may develop procedures or other supplementary information to support the implementation of this policy. Such supporting documentation requires the approval of the Administrator. 5.0 APPLICABILITY This Policy is applicable to all regular full-time Augusta, Georgia employees except SES employees. 6.0 DEFINITIONS A. Unlawful discrimination - an employment decision made in whole or in part on a status protected by law or Augusta's Equal Employment Opportunity Policy. B. Unlawful Harassment - Unwelcome conduct involving any status protected by law or Augusta, Georgia's Equal Opportunity Policy which has the effect of unreasonably interfering with the terms and conditions of employment of an Augusta, Georgia employee. C. Termination dispute- A complaint by an employee that his or her employment with Augusta, Georgia was terminated unlawfully or in violation of Augusta, Georgia policy. D. Compliance Office - Monitors all activity to insure that no person will encounter unlawful discrimination and/or harassment in employment. E. Internal resolution – Attempts to resolve the dispute within the authority of Augusta, Georgia. Steps 1 through 4 of the Employee Appeals and Resolution Policy. F. External resolution – Independent agencies outside the jurisdiction of Augusta, Georgia. G. Covered Employment Dispute - Except as set forth in section 2.0, C 2, any employment action taken by Augusta, Georgia, including corrective action, discharge or other end of employment action, or other application of Augusta, Georgia's Personnel Policies and Procedures. H. Personnel Board (“Board”) - The Board will be composed of twelve (12) individuals, one appointee for each Commissioner and two (2) legislative delegation appointments. In order to be qualified to serve on the Board an individual should (but is not required to) have Page 6 of 41 professional or academic experience in employment relations and not be an employee of the Augusta, Georgia government. I. Complaints - A complaint is a written claim by an employee regarding a specific management action (s) that is alleged to have: i. adversely affected that employee’s terms and conditions of employment in a material way, and ii. violated a provision of the Personnel Policies or Procedures or iii. constituted unlawful discrimination or harassment Page 7 of 41 I.II. PROCEDURE Section 300.001 Objective It is the practice of Augusta, Georgia to: 1) Provide fair, equitable, and timely grievance procedures for all regular employees; 2) Facilitate free discussion of employment concerns between employees and supervisors to foster better understanding of administrative policies, procedures, and practices; 3) Promote reaching a fair and equitable decision and doing so in a climate of mutual understanding and objective fact-finding; and to 4) Assure that those who file grievances are not retaliated against. Section 300.002 Grievance Procedureolicy Scope This grievance procedure applies to all regular full-time Augusta, Georgia employees except SES employees. all regular full-time employees, with the exception of Part-time employees, temporary employees, some elected officials, and members of the Senior Executive Service (SES). Additionally, contract employees and persons in Grant Funded positions are not covered. Augusta, Georgia reserves the right to depart from this grievance procedureolicy in its sole discretion. All employees are employed at will, and both they and Augusta, Georgia may terminate the employment relationship at any time, with or without cause, without following any specific procedure. Section 300.003 Grievance PolicyProcedure Undertakings No punitive, discriminatory, adverse, or retaliatory action shall be taken against any employee on account of the filing of a grievance or an appeal unless such grievance or appeal is frivolous. Frivolous is defined as a grievance or appeal that is completely unsubstantiated or falsified. All employees involved in processing a grievance will work diligently to insure that all grievances are handled fairly and expeditiously and that all required deadlines are met. Every effort shall be made to resolve grievances at the lowest possible level in the Augusta, Georgia organization. Grievances shall be resolved by making decisions that are best for the organization and employees. Not every grievance will be resolved to the employee’s satisfaction, but each grievance will be investigated and the employee will receive a response. Department Directors shall be responsible for the administration of this grievance policyprocedure in their respective departments. Page 8 of 41 Section 300.004 Grievance PolicyProcedure Definitions A “grievance” is a disagreement regarding an interpretation and/or application of administrative rule, regulation, policy, plan or procedure which exists under the personnel administration system of Augusta, Georgia which an employee feels is unjust or unfair. A “working day” for this policyprocedure is defined as any day of business between workings hours of 8:00 a.m. and 5:00 p.m. excluding Saturday, Sunday and Augusta, Georgia observed Holidays. Section 300.005 Exclusions Ffrom the Grievance Procedure 1) Formal Disciplinary Actions (i.e. letter of warning, written warnings, PIPs, suspensions without pay, demotions, and terminations) handled through the appeal process defined in the Appeal Section of this policy. 2) Complaints of Sexual Harassment (These allegations should be filed with and will be processed according to the Policies and Procedures established by the Commission for the Augusta, Georgia Equal Employment Office (EEO Office)). 3) Complaints of Discrimination (Allegations regarding discrimination based on race, age, sex, national origin, religion, veteran status and disability should be filed with and will be processed according to the Policies and Procedures established by the EEO Office). 4) Wage/compensation issues pertaining to pay or benefits; validity of established salary ranges of the current Augusta, Georgia pay plan; or salary, title, or duties and grade of a position or job evaluation. 5) Hours of work and work schedules or performance appraisals/ratings/performance standards. 6) Non-selection from a bona-fide referral list of qualified and/or highly qualified candidates provided to the selecting official from HR. Section 300.006 Grievance PolicyProcedure General Provisions Grievances may be initiated only by the employee concerned and may not be pursued without the affected employee’s consent. Repeated filing of grievances concerning the same issue which has been denied will not be considered. The employee filing a grievance may, at any step in the procedure, request the assistance from the Page 9 of 41 HR Department or from an advisor/advocate of his or her choosing. If this advocate is a current employee, the advocate must obtain his or her supervisor’s permission to participate. The advocate can only present or prepare for the panel hearing during the advocate’s off-duty hours. Supervisors or Administrators hearing a grievance are urged to call upon the HR Director for advice of assistance in the appropriate interpretation of Augusta, Georgia rules and procedures. This procedure is normally intended for the use of individual employees. Should a number of employees file separate grievances on the same matter, such grievances may be combined. A final determination on the combined grievance shall be binding on all such similar grievances, and a copy of the final determination shall be provided to all complainants. Any grievance shall be considered resolved at the completion of any step if all parties are satisfied or if neither party appeals the matter to the next step of the procedure with the prescribed period. Section 300.007 Presenting a Grievance Grievances must be presented, in writing, to the appropriate supervisor/manager in the chain-of- command within ten (10) working days from the date of the act or from the date the employee became aware of the occurrence. Grievances submitted after this time are untimely and will not be considered. Grievances must be submitted on the grievance form prescribed by the HR Director for this purpose. If the supervisor does not comply with the time limits within a step of the procedure, the employee filing the grievance may proceed to the next level of review. A supervisor who is not responsive to the time limits set forth in this procedure maybe subject to disciplinary action. Failure of the grievant to comply with established time limits shall constitute abandonment of the grievance and an exhaustion of such employee’s administrative remedies as to the issue grieved. Since it is important that grievances be resolved as rapidly as possible, time limits, as set forth in the previous paragraphs, shall be considered a maximum and efforts shall be made to expedite the process. If either party wishes to extend any time limit at any step a request for extension should be made in writing to the Department Director, indicating justification for the request at least twenty-four (24) hours prior to the deadline established for the various steps. Section 300.008 Grievance Process Step One: Immediate Supervisor Augusta, Georgia’s position is that issues are best resolved when there is open communication between employees and supervisors. It is the responsibility of any employee who believes that he/she has a bona-fide grievance to promptly discuss the issue with his or her immediate supervisor and attempt to resolve the matter at this level. It is recommended that the employee verbally express the suggested solution. The immediate supervisor shall give an oral response to the Page 10 of 41 employee. Every reasonable effort shall be made to resolve the problem at this step. If the employee is not satisfied with a supervisor’s oral response, or chooses to bypass this step, then the employee may proceed to step two. Step Two: Chain of Command The employee shall complete a written Employee Grievance Form and submit it to the immediate supervisor within five (5) working days of the event that gave rise to the grievance or when the employee first became aware of the issue. Upon receipt of a written grievance, the immediate supervisor shall consult with their immediate supervisor (if appropriate) and immediately forward a copy of the grievance to the Department Director. If there are other supervisory levels between the immediate supervisor and the Department Director, (i.e. field supervisor, assistant director, etc.) these levels should participate in resolving the grievance at this Step since the next step is the Department Director. The immediate supervisor and other supervisors in the employee’s chain of command shall enter their joint comments on the Employee Grievance Form and return it to the employee within five (5) working days of receipt of the grievance by the employee’s immediate supervisor. Where a grievance concerns the conduct of the immediate supervisor, the next supervisor in the chain of command may choose to respond at this step. If the written response of the immediate supervisor and/or other supervisors does not satisfy the complainant, the employee may proceed to the next level by presenting the grievance to the Department Director within five (5) working days of receiving the step two response. Step Three: Department Director Upon receipt of a timely submitted step two exhausted grievance, the Department Director will conduct whatever investigation they deem necessary as part of their review of the grievance. Within ten (10) working days of having received the written grievance, the Department Director shall submit a written response to the complainant. A copy of the response shall also be provided to the supervisors in the employee’s chain of command at the Department level and to the HR Director. If the Department Director’s response is not acceptable to the complainant, the complainant may request that the Administrator (or appropriate designee) review the grievance through a request to the HR Director. Such a request must be made on the Employee Grievance Form, within five (5) working days after the employee receives the Department Director’s response. Step Four: Administrative Review Upon receipt of a timely submitted step three exhausted grievance, the HR Director will investigate the grievance and recommend a solution to the Administrator. The HR Director will have ten (10) business to provide a recommendation to the Administrator. The Administrator may accept the HR Director’s recommendations, conduct his or her own investigation, and/or hold an Administrative Review hearing. The Administrator or his or her Page 11 of 41 designee will present a final decision within ten (10) working days of receipt of the grievance from the HR Director. The Administrator’s decision is final. Such final decision shall be sent to the employee via U.S. Certified Mail. Section 300.009 Grievance Witnesses The grievant and the department may call witnesses to testify at a grievance hearing. Falsifying a statement is considered “serious misconduct” and may result in the employee’s suspension or separation from employment. Section 300.010 Grievance Documentation Once a grievance submitted to the Administrator has been resolved, all documentation associated with the grievance will be forwarded to the Human Resources Department. Although grievance documentation is part of the employees’ records, the documentation will be maintained in a file separate from the employee’s official personnel file in the HR Department. Section 300.011 Discipline Framework Purpose: To establish a uniform, fair, and standardized means by which Augusta, Georgia may administer a program of disciplinary procedures and guidelines. GuidelinesDisclaimer: 1.1) Disciplinary action may be taken against an employee when a rule of Augusta, Georgia or the Department is violated, when work performance is not satisfactory, when counter-productive or inappropriate behavior is exhibited, or violation of lawful orders, work rules/standards, organizational Standard Operating Procedures (SOPs), administrative rules, organizational policies and procedures, ordinances, and/or statutes. A discipline program should exhibit promptness, impartiality, consistency, and fairness, where employees know what to expect as the result of certain behaviors on the job (See Recommended Guidelines for Disciplinary Actions- Table I). 2.) Augusta, Georgia generally follows a policy of progressive discipline. The purpose of a progressive disciplinary procedure is to give the employee adequate notice and opportunity to correct any deficiencies, and its focus is on prevention of future violations rather than on punishment. The disciplinary action taken is normally to be the least serious action needed to prevent future instances of inappropriate behavior. If inappropriate behavior continues, the employee can expect further and more serious discipline. This policyprocedure does not restrict the imposition of a suspension, demotion, or termination in matters that are outside the progressive discipline policy. Page 12 of 41 Augusta, Georgia reserves the right to depart from this discipline policyprocedure in its sole discretion. All employees are employed at will, and both they and Augusta, Georgia may terminate the employment relationship at any time, with or without cause, without following any specific procedure. Types of Discipline: The types of disciplinary action, in order of their severity, are: A. Informal Discipline 1) Letter of Warning A Letter of Warning is a type of informal disciplinary action and may be used to admonish an employee for committing a minor violation. It is often used when verbal counseling, admonishments, on the job training, and/or guidance has failed to provide the necessary corrective action. The “Notice of Warning Letter” (See Form HR-ER 1) provides documentation that the counseling occurred, outlining the shortcomings or violations and then offering recommendations for improvement. Informal discipline documentation is maintained at the department level. Informal disciplinary actions are not subject to the grievance or appeals processes. Thus, decisions made by Department Directors with regard to informal disciplinary actions are final with no right of appeal. B. Formal Discipline 1) Written Reprimand A Written Reprimand is an admonishment given to the employee in writing, and is always placed in the official personnel file in Human Resources. This form of discipline is more serious than a Letter of Warning, but less serious than a suspension. A Written Reprimand often serves as the type of discipline given for a repeated offense of minor violations or for the first offense of a moderately serious infraction. The “Notice of Written Reprimand” (See Form HR-ER II) will be completed by the Department Director and forwarded to Human Resources for inclusion in the employee’s official personnel file. If a Letter of Warning or any other relevant disciplinary actions has been issued previously, a copy may be attached as supporting documentation. The letter of Written Reprimand may be used to support further disciplinary actions for a period no longer than three (3) years from the date of receipt. Decisions made by Department Directors with regard to written reprimands are final with no right of appeal. 2) Performance Improvement Plans Page 13 of 41 The Performance Improvement Plan (PIP) is designed to facilitate constructive discussion between a staff member and his or her supervisor and to clarify the work performance to be improved. It is implemented, at the discretion of the supervisor and Department Director, when it becomes necessary to help a staff member improve his or her performance. A PIP will be conducted for period of ninety (90) days and must be approved by the Department Director. If an employee shows improvement but not enough that the employee meets the status of “satisfactory”, the PIP may be extended for a period of ninety (90) days within a one (1) year cycle for a total of no more than two (2) PIP plans. If an employee does not show improvement after the initial PIP or does not meet the status of “satisfactory” after two (2) PIPs, the Department Director canshould recommend the employee for demoteion or terminatterminateion the employee. A PIP may be used in conjunction with any other form of discipline. Decisions made by Department Directors with regard to performance improvement plans are final with no right of appeal. 3) Suspension Without Pay A suspension is the most severe form of discipline, short of demotion or termination, and involves time off without pay. It is used when a written reprimand has not corrected the inappropriate behavior or when an offense is more serious than that warranting a reprimand. A suspension may last from one (1) to thirty (30) days depending on the seriousness of the infraction. Any suspension shall utilize the “Notice of Proposed Disciplinary Action” form (Form HR-ER III) and must be approved by the Department Director, or equivalent, prior to issuance to the employee. A copy will be processed through the HR Director. The decision maker with regard to all suspensions without pay is the Department Director, but such decisions can be appealed to the Administrator. 4) Demotion With Aa Pay Reduction Performance-Based Demotion An involuntary demotion may occur based on poor performance and is appropriate where: a. The employee’s inability to perform current job duties has been demonstrated and documented in the employee’s record through one or more PIPs; b. The employee’s record is otherwise satisfactory and no other active rule violations exist, e.g. attendance, punctuality, etc.; c. The employee is qualified for the lower grade or alternative position; Page 14 of 41 d. The employee has the ability, is qualified, and a vacancy exists, the employee may be demoted to another position which may be in a lower pay grade or transferred to another job within the employee’s functional unit; and a.e. The Department Ddirector of Human Resources has provided final approval for a demotion. If an employee has been promoted or transferred in the last year and the employee is not performing at a level expected in the new job, then the employee may request to return to the previous job or a job similar to the previous job and their salary will return to what it was prior to the promotion or transfer. The availability of such a job may depend upon mitigating circumstances, such as whether the job has already been filled within the same department. Augusta, Georgia will assist the employee in finding a suitable job that corresponds to their experience, skills, and knowledge. Should the job previously held by the employee be filled and no other comparable position exists, the employee will be placed on lay-off status until a comparable position may be found. However, if within six (6) months a comparable position is not found the employee will be placed on permanent lay-off status. Performance-Based Demotions with pay reductions may be considered in cases where moving the person out of their current position is more appropriate than termination. Conduct-Based Demotions An involuntary demotion may also occur based on poor or unacceptable conduct. With this type of demotion, a Performance Improvement plan is not necessary or required. a. Unacceptable personal conduct violations are outlined in the violations and recommended disciplinary actions in Table I. These conduct violations may include but are not limited to: personal conduct that disrupts work or the work environment, jeopardizes the safety of persons or property, or creates other serious disruptions in the workforce. a.b. There are circumstances in which unacceptable or bad conduct could warrant imposing disciplinary action that is more severe than suspension but less severe than termination. An acceptable alternative disciplinary action for this type of conduct can be demotion in lieu of termination. Provided the employee is qualified, a funded vacancy exists, and the Department Director believes that demotion would be a more appropriate disciplinary action than termination; the employee may be involuntarily demoted to another position which may be in a lower pay grade or transferred to another job within the employee’s functional unit. In either case the demotion in pay and/or grade would require a minimum ten percent (10%) reduction in base pay. Prior to demotion, the proposed Page 15 of 41 action must be reviewed and approved by the Director of Human Resources. The decision maker with regard to all demotions is the Department Director, but such decisions can be appealed to the Administrator. 5) Termination Termination from employment is the most severe form of discipline. It is normally used when an employee has violated the substance abuse policy or has been disciplined repeatedly and commits yet another infraction. It may also be used when the employee has committed any infraction that falls outside progressive discipline, regardless of disciplinary history. For every termination the “Notice of Proposed Termination” form should be filled out completely by the Department Director and should be delivered to the HR Director for review and processing.The decision maker with regard to all terminations is the Department Director, but such decisions can be appealed to the Administrator and, for non-substance abuse terminations, there is a second appeal to the Personnel Board. The request for termination will be approved/disapproved by the HR Director who will issue a final “Notice of Decision.” Section 300.012 Discipline Guidelines and Procedure 1) An employee for whom formal disciplinary action (i.e. written reprimand, PIP, suspension, demotion, or termination) is being considered mayshould, when possible, be allowed notice prior to imposition of such action by the use of the “Notice of Proposed Disciplinary Action” form. The employee will have five (5) working days in which to respond in writing or orally to the Department Director explaining why the action should not be taken. Failure to respond within that period will not delay administering of the disciplinary action. 2) Suspensions (for any reason), terminations, and demotions are permanent actions and will be retained in the official personnel file indefinitely. 3) Any disciplinary action recommending a suspension, demotion, or termination must be in writing and must be approved by the HRDepartment Director prior to disciplinary action being imposed. 4) An effective discipline program is characterized by the uniform application of rules and regulations. Generally, like offenses should result in similar disciplinary actions. At the same time, the supervisor administering the discipline may consider additional factors such as years of service and internal consistency. 5) It is recognized that similar offenses may result in different disciplinary actions, depending on work history, circumstances, and the severity of the offense. For example, an employee who is charged with “absence without approved leave” (AWOL) for a two-week absence may be terminated while an employee who is charged with AWOL for a two-hour absence may only receive a one-day suspension. Both employees are charged with the same offense, but receive different disciplinary actions. Page 16 of 41 6) Other factors that may influence the severity of disciplinary action include, but are not limited to, the following: the length of the employee’s service, the quality of the employee’s service, the cost involved, and the cooperation of the employee in the investigation of the specific incident. Ensuring that disciplinary actions are administered in a fair, consistent, and non-discriminatory manner is ultimately the responsibility of the Department Director, the HR Director and the Administrator. 7) An employee may not be punished more than once for the same offense by any other management official of Augusta, Georgia. Previous offenses may, however, be taken into account when considering future discipline. Disciplinary actions by law enforcement or any other outside agency does not prohibit Augusta, Georgia from also taking disciplinary action. For example, if an employee is issued a citation by law enforcement during the investigation of an “at fault” accident, this does not prohibit Augusta, Georgia from imposing disciplinary action as well. 8) In determining the proper level of disciplinary action, which would be suitable to a particular offense, refer to the “Recommended Guidelines for Disciplinary Actions”. This Table of Guidelines (Table I) provides examples of misconduct but may not be all-inclusive. Augusta, Georgia has the right to discipline an employee for offenses not specifically listed. If an act or violation is of a very serious nature, intermediate levels of progressive discipline may be bypassed with more severe penalties imposed. 9) In addition to a thorough narrative with any supporting evidence as necessary, supporting the reason(s) for the charges or offense in question, the Department Director should cite any applicable “Violation Reference” code found on the table of guidelines. (HR-ER Form). More than one reference may be cited in making record of the disciplinary action. The specific action or punishment to be taken is at the discretion of the Department Director; particularly egregious violations may bypass the progressive discipline process. Note: The Personnel Board shall consider only Aappeals of employees as it relates ofto non- substance abuse dismissals or terminations. Decisions of the Personnel Board may be appealed to the Administrator. Section 300.013 Review and Approval Process Formal Discipline Submitter (Step 1) Approver (Step 2) Time to Appeal (Step 3) 1st Appeal (Step 3) Time to Appeal2n d Appeal 2nd Appeal (Step 4) Written Reprimand Supervisor/ Manager Department Director None 5 Days None HR Director None None Page 17 of 41 1) If the actions necessary are not time-sensitive, the When initiating discipline, the Ssupervisor shall notify the employee (Notice of Pending Disciplinary Action” form) that formal disciplinary action, i.e. suspension, demotion, or termination, is being considered. This notification shall provide facts and a description of the alleged infraction(s) and the consequences under consideration. The employee shall be given five (5) working days in which to provide a written response to the Department Director, with a copy to HR, showing cause as to why disciplinary action should not be taken. 2) When a regular employee is charged with misconduct that serves as a basis for termination or demotion, the Department Director may (but is not required to) place the employee on up to three (3) days Administrative Leave with pay. The administrative leave will be unpaid if the employee is otherwise unavailable to perform his or her job duties or if unpaid Administrative Leave is approved by the HR Director. 3) Infractions of a serious nature may require prompt action, not allowing for advance notification. Any written communication from the employee will permanently accompany the relevant disciplinary action. 4) The Department Director must coordinate with the HR Director to assure procedural compliance prior to issuance of any proposed or final decision. Within ten (10) business of receipt of the employee’s written response, the Department Director will PIP Supervisor/ Manager Department Directors None 5 Days None HR Director None None Suspension Supervisor/ Manager Department Director Department Director HR Director 5 days Administrator None None Demotion Supervisor/ Manager Department Director Department Director HR Director 5 days Administrator None None Termination (Non- substance abuse) Supervisor/ Manager Department Director Department Director HR Director 5 days Administrator Personnel Board 5 days Administ rator Personnel Board Termination (Substance Abuse) Supervisor/ Manager Department Director 5 days Administrator None None Page 18 of 41 decide and issue the disposition in the matter using the “Notice of Final Decision Form HR-ER IV.” 5) Upon receipt, the employee should sign and date a “Receipt Acknowledged” of Notice of Final Decision. A copy of all documentation associated with the case will be furnished by the Department Director to the HR Department for filing in the official Personnel File. Section 300.014 Appeal of Approved Discipline 1) In order to remain timely, the request from the employee for an Appeal to the HR Director, Administrator or Personnel Board, must be written, signed and filed in the HR Department within five (5) business days of the employee receiving notice of the Final Decision by the Department Director or appeal decision by the Administrator. or HR Director The effect of an employee’s failure to request an Appeal within this five (5) day period constitutes a waiver of their right to appeal the action or decision and a failure on their part to exhaust their administrative remedies. In such instances, the decision made by the Department Director (or Administrator) (or manager) or the Final Decision made by the HR Directorshall become a Ffinal Decision which is not appealable. 2) If an employee chooses to appeal a Final Decision made by the Department Director to the Administrator, aA written statement by the employee specifically referencing the suspension, demotion, or termination and providing their reasons, to include any relevant documentation, for recommending the disciplinary action be overturned, shall be forwarded to the HR Director. The HR Director will review the documents for timeliness and completeness and, if a timely appeal is made, shall forward a copy of the request to the next appeal level within five (5) business days of receiving the request. 1.For suspensions of four (4) or more days, demotions, and terminations, the HR Director or designee shall hold an administrative review conference at which time the employee shall be authorized to present information that is pertinent to the charges on his or her behalf. (For suspensions of 1 to 3 days, the Department Director or designee shall hold an administrative review conference). If an employee wishes to have an attorney present at this conference, said employee must inform the HR Director of such intentions at least forth-eight (48) hours prior to the conference. The HR Director may seek legal representation from the Law Department in any such conference or Personnel Board Hearing irrespective of whether the employee has requested an attorney or not. 2.The HR Director, or designee (Department Director for suspensions of 1-3 days) shall render a decision on the recommendation based on all of the relevant information. The HR Director’s (or Department Director’s) decision is final, and, the employee shall be notified of this decision in writing. Page 19 of 41 Section 300.015 Appeals to the Administrator 1) The employee shall have five (5) business days from notification of the Final Decision of the Department Director to file a written appeal to the Administrator. The written appeal shall contain a short descriptive statement containing the reasons the appealing party believes the Department Director’s decision should be overruled. 2) Within five (5) business days of filing a timely appeal to the Administrator, the Human Resources Department shall deliver the complete discipline file to the Administrator. 3) The Administrator shall review the discipline file and render a written decision and within ten (10) business days of the delivery of the file. After reviewing the discipline file, the Administrator may, but is not required to, meet with the employee and/or the Department Director prior to rendering a decision on an appeal. The Administrator may uphold, overturn, or modify the decision of the Department Director at his or her discretion. If the Administrator upholds a termination decision, he or she shall provide written statement supporting the decision. Section 300.016 Appeals to the Personnel Board: Non-Substance Abuse Terminations Only Note: Only full-time regular employees may appeal Terminations. SES and Probationary employees may not appeal to the Personnel Board. 1) The employee shall have five (5) business days to appeal the decision of the Administrator to the Personnel Board upon receiving notification of a final decision.from notification by the HR Director to appeal a termination or dismissal (Form HR-ER V) via the HR Department to the Personnel Board. 2) Upon receipt by the HR Director of a timely written request for appeal of termination by the employee, Human Resources will, within ten (10) working days, submit all documentation, including a statement of charges, to the Personnel Board. 3) At its next scheduled meeting, or at a special called meeting, the Personnel Board will hold an open hearing and receive evidence in relation to the Appeal in accordance with the bylaws of the Personnel Board. 4) The employee or agents of the employee may not contact or have discussions with any member of the Personnel Board regarding the Employee’s hearing, the facts surrounding the hearing, or the Employee’s character outside the confines of the hearing while the Employee’s appeal is pending. The employee’s failure to comply with this regulation will result in the Employee’s appeal being denied and the decision of the Department Director being upheld. 5) If an employee wishes to have an attorney present at the Personnel Board hearing, said employee must inform the HR Director of such intention at least forty-eight (48) hours Page 20 of 41 prior to the hearing. The HR Director may seek legal representation from the Law Department in any Personnel Board Hearing irrespective of whether the employee has requested an attorney or not. 6) If an employee desires to request a continuance of a scheduled hearing, the employee must provide at least forty-eight (48) hours’ notice of the need to reschedule. Failure to provide adequate notice will result in the hearing to proceeding as scheduled. Decisions regarding whether to allow for a continuance shall be made by the Chairperson of the Board. If an employee fails to attend the scheduled open hearing, the employee’s appeal will be denied and the decision of the Administrator Human Resources Director will be upheld. 7) Within five ten (510) businessworking days of the hearing, a written decision will be rendered by the Personnel Board. Such decision shall contain a descriptive statement by the Chairman of the Personnel Board describing the reasons the Board rendered its thedecision it made. The HR Department will notify the employee in writing of the decision of the Personnel Board. Section 300.017 Personnel Board By-Laws (A) Purpose. The purpose of these bylaws is to establish uniform procedures for the conduct of hearing and meeting of the Augusta, Georgia Personnel Board (hereinafter “Personnel Board” or “Board”). (B) General Provisions. 1) An employee who is terminated for a non-substance abuse reason may file an appeal to the Board within five (5) days after the date of the decision of the Administrator upholding the termination. Within thirty (30) days from the date of the employee’s appeal to the Board, a hearing shall be scheduled by the Board Chairman.After an appeal of a smissal has been properly filed with the Human Resources Department, the appeal shall be forwarded to the Chairperson of the Personnel Board to be scheduled for a hearing before the Personnel Board. 2) Notice of Hearing. All appeals to the Personnel Board shall be resolved within sixty (60) days from the date of the filing of the appeal. If the appeal is not resolved by the Personnel Board within sixty (60) days from the date of the filing of the appeal, the termination shall be upheld. Within seven (7) days from the filing of an appeal in accordance with the Employee Administrative Policy & Procedures Manual (hereinafter “Employee Manual”), Tthe Chairperson of the Personnel Board shall designate an appropriate time and place to conduct the hearing and shall so notify all parties in writing. Such notification shall ould be mailed or served at least tenfive (105) calendar days in advance of the date set for the hearing. The Personnel Board will conduct an investigation into review the charges based on the and information provided by the Human Resources Department Director and shall consider the written statement Page 21 of 41 provided by the Administrator in upholding the terminationDepartment. At its next scheduled meeting, or at a special called meeting, the Personnel Board will hold an open hearing and receive any additional evidence in relation to the Appeal. The Chairperson of the Personnel Board, or a majority vote of the Board, shall have the authority to postpone or to continue a hearing (either in the Chairperson’s discretion, upon a motion by the Personnel Board or upon the motion of either party, orally or in writing). Once a hearing is scheduled, each party may request a continuance if appropriate, but no party can request more than two (2) continuances during the course of an appeal. 3) Representation. Opportunity shall be afforded both parties to represent themselves or to be represented by an attorney licensed to practice law in the State of Georgia. All arrangements for providing legal counsel shall be the responsibility of the party desiring such representation. An employee intending to have representation shall inform the Director of Human Resources and the Department Director of such intentions at least 48 hours prior to the scheduled date of such hearing. 4) Pre-Hearing Conference. The Chairperson of the Personnel Board may arrange a pre- hearing conference for the purpose of reviewing the matter being appealed and establishing stipulations to expedite the hearing. 5) Witnesses. a. The appellant or the Human Resources Department Director (or his or her designee) may request the attendance of employees or other persons as witnesses when their testimony will aid in establishing the facts in the case. Employees appearing as witnesses shall be released from duty without loss of pay or time and without effect on their service rating. However, the Personnel Board does not have subpoena powers to compel a witness’s attendance. b. No person shall directly or indirectly use, or threaten to use, any official authority or other influence which would tend to discourage any other person from testifying. c. Each party shall provide the opposing party a witness list at least three (3) business days in advance of a scheduled Personnel Board hearing. A party seeking to have a witness testify that is not on their witness list may only do so with the consent of the opposing party. 6) Record of Hearing. A recording shall be made of all hearings; however, such recording will not be transcribed unless the Personnel Board decision is appealed in accordance with the Augusta, Georgia Personnel Policies and Procedures Manual applicable law; or a transcript is requested by the Personnel Board or either party to the hearing the Administrator. If the employee requests a copy of the transcript prior to appealing the Personnel Board’s decision, the employee shall pay the cost of having the recording transcribed. In addition to the recording of the hearing, or a transcription thereof, all documents entered into the record during the hearing shall be made part of the official record of the hearing. It shall be the responsibility of the clerk of the Personnel Board to compile the official record of the hearing and, upon the filing of an appeal of the Personnel Board’s decision, to have such record certified by the Chairperson of the Page 22 of 41 Personnel Board. (C) Hearing Process. 1) Role of the Board. The Personnel Board shall have the authority to do the following in connection with any hearing: a. To administer oaths and affirmations; b. Regulate the course of the hearing; c. Set the time and place for continued hearings and pre-hearing conferences; d. Reprimand or exclude from the hearing any person for any indecorous or improper conduct committed in the presence of the Personnel Board; e. To make informal disposition of any case by stipulation, agreed settlement, consent order or default, unless such disposition is precluded by law; f. To render a decision as to issues properly presented to the Personnel Board; and g. To file Answers to Writs of Certiorari properly filed in the Superior Court of Richmond County. 2) Attendance at the Hearing. Any hearing at which the Personnel Board receives evidence or hears arguments on appeals of disciplinary terminations actions, dismissals, or other purported violations of the rules shall be open to the public in accordance with Georgia Open Meetings Law. Witnesses may, however, be sequestered at the discretion of the Board. 3) Evidence. With respect to all hearings before the Personnel Board: a. Irrelevant, immaterial or unduly repetitious evidence shall be excluded. The rules of evidence as applied to the trial of civil non-jury cases in the Superior Courts of Georgia shall be followed. Evidence not admissible there under may be admitted if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. The Personnel Board shall give effect to the rule of privilege recognized by law; b. Objections to evidentiary offers may be made and shall be noted in the record; c. When a hearing will be expedited and the interest of the parties will not be prejudiced substantially, any part of the evidence may be received in written form; d. Documentary evidence may be received in the form of copies of excerpts if the original is not readily available; and e. The Department Director of Human Resources may proceed with the presentation of evidence first. 4) Conduct of Hearings. In the hearing of an appeal, the proceeding shall be informal but orderly. The following procedure shall prevail: Page 23 of 41 a. The Chairperson of the Personnel Board shall open the hearing by explaining the procedure to be followed in the hearing. b. Witness shall be sworn in and at the discretion of the Chairperson any or all witnesses may be sequestered; b.c. The Chairperson shall read or cause to be read the charges and specifications of the issues to be determined by the Personnel Board; c.d. The facts not in dispute may be stipulated; d.e. Each party shall be given an opportunity to make a brief opening statement identifying the issues and indicating what is to be proven. The DepartmentHuman Resources Director shall present their opening statement first followed by the employee; e.f. The DepartmentHuman Resources Director will begin its presentation of evidence followed by the employee; g. All witnesses shall testify under oath or affirmation. The employee and the Human Resources Department Director may call witnesses to testify at a grievance hearing. Falsifying a statement is considered as “serious misconduct” and may result in the employee’s suspension or separation from employment; h. Each party may conduct such cross examination as shall be required for a full and true disclosure of the facts. In addition, the Personnel Board members may examine the witnesses; i. Before closing the hearing, the Chairperson may allow both parties the opportunity to make brief oral or written closing statements. The employee may present his or her closing statement first; j. At any point during the hearing, of his/her own accord or at the request of either party, the Chairperson may grant a fifteen (15) minute recess to allow the parties engage in confidential settlement negotiations. This initial fifteen (15) minute recess may be extended by the Chairperson if both parties signify that progress is being made in the settlement negotiations. f.k. The Board shall render a written decision, which sets forth evidentiary reasons for the decision, within five (5) business days of the close of the hearing. The decision of the Board shall be in writing which shall set forth the reasons for its decision regarding the dispute. Within ten (10) working days of the hearing, a final decision will be rendered by the Personnel Board. Should the Board fail to overrule the terminationdismissal decision, the terminationdismissal shall stand. If the terminationdismissal decision is reversed by the Personnel Board and the Personnel Board’s decision is upheld in the review and appeal process (or and no timely appeal to Superior Court is filed), the employee shall be “made whole” by being reinstated as an employee and provided back pay. g.l. The Human Resources Director will notify the employee in writing of the final decision of the Personnel Board and will be responsible for implementation of the Page 24 of 41 decision rendered any action ordered by the Board. (5) Time Limitations. In the hearing of an appeal, the parties are subjected to the following time limitations in the presentation of their cases and such time will be monitored by the clerk of the Personnel Board. a. Opening Statements. Each party shall have a maximum of five (5) minutes to make an opening statement. b. Presentation of Evidence. Each party shall have an initial time period of thirty (30) minutes to present evidence in support of their case. A party may be granted one or more extensions of time in fifteen (15) minute increments, upon motion and good cause shown, to complete presentation of evidence in support of their case. c. Closing Statements. Each party shall have a maximum of five (5) minutes to make a closing statement. (D) Review of the Personnel Board’s Decision. A decision of the Personnel Board shall not limit the rights of either party to further review and such decision shall be stayed by the filing of a petition for review. Any party, including the Human Resources Director, who has exhausted all administrative remedies available before the Personnel Board and who is aggrieved by a final ruling or order of the Personnel Board on any hearing may seek further review of the decision or order of the Personnel Board in accordance with the Augusta, Georgia Personnel Policies and Procedures Manual. In the absence of an appropriate action for review of the Personnel Board’s decision, within such time for review, the Personnel Board’s decision shall, without further proceedings or notice, become the final decision of the Personnel Board and any right of additional appeals shall be extinguished. Record for Review of Board’s Decision. Upon receipt by the Chairperson of the Personnel Board of an appropriate action for review of the Personnel Board’s Decision, the Board Clerk and/or Human Resources Department representative shall transmit a certified copy of the entire record to the reviewing body. The Chairperson of the Personnel Board Shall Answer any Writ of Certiorari to the Superior Court of Richmond County. Section 300.01 Appeals from the Personnel Board to the Administrator: Terminations Only 1) Should an employee or the HR Director disagree with the Personnel Board’s decision, either may file an appeal to the Administrator, whose decision shall be the final administrative step in the appeals process. The employee and the HR Director shall have five (5) business days from notification of the decision of the Personnel Board being sent by the HR Department to the employee, to file a written appeal to the Administrator. The written appeal shall contain a short descriptive statement containing the reasons the appealing party believes the Personnel Board’s decision should be overruled. 2) Within ten (10) working days of a timely filed request for appeal to the Administrator, the Human Resources Department shall deliver a complete transcript of the Personnel Board Page 25 of 41 hearing and all documents and items admitted as evidence by the Personnel Board in accordance with the Personnel Board bylaws. 3)1) The Administrator shall review the Personnel Board Record and render a written decision and within ten (10) working days of the delivery of the Personnel Board record. The Administrator may uphold, overturn, or modify the decision of the Personnel Board at his or her discretion. The Administrator’s decision shall contain a descriptive statement describing the reasons the Administrator rendered the decision he or she made. Section 300.018 Appeals from the Administrators Final Decision Personnel Board to Superior Court 1) Should an employee or the Augusta, Georgia Commission disagree with the Administrator Personnel Board’s decision, either may file an appeal to Richmond County Superior Court in accordance with the laws of the State of Georgia. 2) In the event that an appeal to Superior Court is filed, it shall be the responsibility of the HR Director to ensure that a certified copy of the complete record is submitted to Superior Court in accordance with Georgia law and the Personnel Board Bylaws. 3) The Chairperson of the Personnel Board Shall Answer any Writ of Certiorari to the Superior Court of Richmond County for decisions made by the Personnel Board. Section 300.019 Table I Recommended Guidelines Ffor Disciplinary Actions LEGEND: L = Letter of Warning S = Suspension W = Written Reprimand T = Termination Page 26 of 41 Reference Infraction Category First Offense Second Offense Third Offense Fourth Offense IN-1 Disregard for or willful failure to follow the written instruction or direction of a supervisor or higher authority Insubordination W S/T T IN-2 Abusive verbal conduct directed at a supervisor within the employee’s chain- of-command. Insubordination W/S S/T T IN-3 Failure to work overtime, special hours, or special shifts or be on stand-by, as directed Insubordination W-/S S/T T ND-1 Violation of any Augusta, Georgia, department or division rule or directive Neglect of Duty L/W/S W/S/T S/T T ND-2 Inability to perform up to accepted work standards Neglect of Duty L W S T Page 27 of 41 Reference Infraction Category First Offense Second Offense Third Offense Fourth Offense ND-3 Habitual tardiness, unscheduled absence (six (6) or more in a 180 day period), absenteeism, and/or abuse of leave privileges Neglect of Duty L W S T ND-4 Willful neglect in performance of duties Neglect of Duty W/S S/T T ND-5 Job abandonment for 3 consecutive scheduled workdays, or 2 consecutive 24-hour shifts. Neglect of Duty S/T T ND-6 Leaving the assigned work area during regular working hours without permission or until relieved. Neglect of Duty L W S T ND-7 Absence without approved leave, including failure to call in or report an absence to a supervisor the day the absence begins. Neglect of Duty W S T ND-8 Being identified as “at fault” in an accident or collision by the Safety Review Committee while the operator of Augusta, Georgia vehicle or piece of equipment. Neglect of Duty See SRC Penalty Matrix See SRC Penalty Matrix See SRC Penalty Matrix ND-9 Failure to maintain licenses, certifications and/or other professional credentials required for employment or failure to notify appropriate Augusta, Georgia officials of their loss, suspension, or revocation. Neglect of Duty S/T T ND-10 Suspension or revocation of Driver License or Commercial Driver License (CDL) if it is required for the performance of job duties. Neglect of Duty W/S/T S/T T ND-11 Willful or negligent violation of a safety policy or procedure, which results in property/equipment damage or personal injury. Neglect of Duty W/S/T S/T T ND-12 Violating a safety rule or practice or any conduct which could endanger a co-worker or member of the public. Neglect of Duty W/S/T S/T T ND-13 Operating, or directing the operation, of an Augusta, Georgia vehicle or equipment without proper qualifications or supervision. Neglect of Duty W S T Page 28 of 41 Reference Infraction Category First Offense Second Offense Third Offense Fourth Offense ND-14 Failure to immediately report any on- the-job accident to a supervisor or member of the chain-of-command. Neglect of Duty W S T ND-15 Failure to report to the Department a subpoena or request for information from a law firm that relates to Augusta, Georgia business. Neglect of Duty S/TL WT S T ND-16 Possession or sale of alcohol or illicit drugs on Augusta, Georgia property (including vehicles). Neglect of Duty S/T ND-17 Working under the influence of alcohol or illicit drugs. Neglect of Duty S/T ND-18 Violation of traffic laws while operating Augusta, Georgia vehicle, i.e. speeding, running traffic control device, failure to yield, etc. Neglect of Duty L W S T ND-19 Motor Vehicle Record review with 10 points or more – impact on driving privileges Neglect of Duty T EV-1 Fraud, waste, and/or abuse of Augusta, Georgia property or time. Ethics Violation W/S/T S/T T EV-2 Falsification or misrepresentation of an official document or record. Ethics Violation W/S/T S/T T EV-3 Falsification or misrepresentation of any portion of a job application. Ethics Violation W/S/T S/T T EV-4 Violation of Augusta, Georgia policies relating to impartiality, use of public property, conflict of interest, disclosure or confidentiality. Ethics Violation W S T EV-5 Conviction of a felony, a misdemeanor conviction involving moral turpitude, or any misdemeanor while in the performance of Augusta, Georgia duties. Ethics Violation S/T T Page 29 of 41 Reference Infraction Category First Offense Second Offense Third Offense Fourth Offense EV-6 Unauthorized possession of firearms, explosives, or weapons on Augusta property. Ethics Violation W/S/T S/T T EV-7 Unauthorized vending or solicitation on property or from Augusta, Georgia vehicle. Ethics Violation L W S T EV-8 Attempting to coerce or influence a member of the public, fellow employees, subordinates or supervisor with gifts, services, loans or other consideration OR receipt of a fee, gift, or valuable item when such is given or accepted in the expectation of receiving a favor or preferential treatment. Ethics Violation S T EV-9 Directing or permitting a subordinate to violate any rule, policy, procedure or regulation, whether explicit or condoned through inaction. Ethics Violation W/S S/T T EV-10 Engaging in any employment, activity or enterprise which is illegal, incompatible, or in technical conflict with the employee’s duties and responsibilities as Augusta, Georgia employee. Ethics Violation S/T T EV-11 Engaged in outside employment activity while using sick leave, worker’s compensation leave, or catastrophic leave. Ethics Violation T EV-12 Intentional destruction, theft or unauthorized removal of Augusta, Georgia property or assets for personal use. Ethics Violation W/S/T S/T T EV-13 Intentional destruction, theft (including stealing time) or unauthorized removal, possession or use of Augusta, Georgia property, tools or equipment without consent. Ethics Violation W/S/T S/T T EV-14 Violation of Augusta, Georgia’s discrimination and/or unlawful harassment policies. Ethics Violation W/S/T S/T T Page 30 of 41 Reference Infraction Category First Offense Second Offense Third Offense Fourth Offense EV-15 Gross misconduct to include, but not limited to, physical violence, threats of physical violence or engaging in offensive conduct or language toward the public, supervisory personnel, or fellow employees. Ethics Violation S/T EV-16 Membership in any organization that advocates the overthrow of the Government of the United States by force or violence. Ethics Violation T EV-17 Misconduct which undermines supervisory authority, productivity, or morale. Ethics Violation W S T EV-18 Off duty conduct (e.g. conviction of a felony) which reflects very unfavorably upon the image and ethical standards of Augusta, Georgia as an employer. Ethics Violation W/S/T S/T T WE-1 Violation of Augusta, Georgia Internet Use Policies (e.g. social media, pornographic sites, etc.) Work Ethics Violation W/S/T S/T T WE-2 Violation of Augusta, Georgia Email Policies (e.g. Passing on inappropriate chain emails and non-work related content, etc.) and/or excessive personal email/web time. Work Ethics Violation W/S/T S/T T WE-3 Unauthorized use of Augusta, Georgia vehicles or equipment on or off-duty. Work Ethics Violation W S T Page 31 of 41 Notice of Letter of Warning (Form HR-ER I) Employee________________________ Job Title_______________________________ Date Hire_________________________ Supervisor___________________________ Job Title_______________________________ Department__________________________ Date of Incident______________________ I. Explanation ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ___________________________________ II. The following corrective action is expected of the employee: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ___________________________________ I. Future infraction(s) may result in: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ____________________________ Signatures _____________________________________________ Employee Date I acknowledge receipt of this document. Page 32 of 41 _____________________________________________ Supervisor Date Page 33 of 41 Notice of Disciplinary Action Form (Form HR-ER II) Written Reprimand Employee________________________ Job Title_______________________________ Date Hire_________________________ Supervisor___________________________ Job Title_______________________________ Department__________________________ Date of Incident______________________ I. Disciplinary action is being taken for the following reason(s) (include dates(s) of infraction and violation of stated policy or procedure): ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ____________________________ II. Explanation (include dates and explanation of previous relevant discussions and/or discipline): ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ___________________________________ III. The following corrective action is expected of the employee: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ___________________________________ IV. Future infraction(s) may result in: Page 34 of 41 ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ___________________________________ EMPLOYEE COMMENTS (To be completed by employee.) _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ Signatures _____________________________________________ Employee Date I acknowledge receipt of this document and I understand that a copy of this document will be placed in my official Personnel File in Human Resources. _____________________________________________ Supervisor Date Employee’s signature indicates receipt of form and does not necessarily indicate concurrence.  Employee declined to sign. A copy of this form will be placed in the employee’s official personnel folder Distribution of copies: Original to employee Departmental file Human Resources employee file Page 35 of 41 Notice of Disciplinary Action (Form HR-ER III) (Suspension/Demotion) Current Date: Employees Name: Street Address City, State, Zip Code RE: Notice of Proposed Disciplinary Action – Decision to Suspend Without Pay: Dear Mr./Mrs./Ms: (Employees last Name) This letter is to inform you that effective (date and time) you have been placed on suspension for ( ) days. This is due to your violation of Augusta, Georgia Policies. State violations: Please be advised that in accordance with the Augusta, Georgia Grievance and Appeal Procedures, you have the right to file an appeal to the Administrator. Your request for an appeal must be submitted to the Director of Human Resources in writing within five (5) working days, of receipt of this letter. If you have, any additional, questions or concerns related to this information do not hesitate to contact me or the Director of Human Resources at 706-821-2303. Sincerely, Name_____________________________________________________ Department Director Receipt acknowledgedEmployee: __________________________ Date:__________ I acknowledge receipt of this document and I understand that a copy of this document will be placed in my official Personnel File in Human Resources. Page 36 of 41 Notice of Administrative Review For Proposed Disciplinary Action- (Termination, Demotion, Suspension) (Form HR-ER IV) Current Date: Employees Name: Street Address City, State, Zip Code RE: Notice of Proposed Disciplinary Action – Termination: Dear Mr./Mrs./Ms: (Employees last Name) This letter is to inform you that effective (date and time) you have been recommended for Termination (Demotion, Suspension). This is due to your violation of Augusta, Georgia Policies. State violations: If you disagree with this proposed disciplinary action, you may request that I conduct an administrative review of this request where you will be provided the opportunity to explain why you believe you should not be Terminated (Demoted, Suspended). To request an administrative review of this recommendation, you must submit a written request to me within five (5) days of receipt of this letter. Should you not agree with my decision following the administrative review, you have the right to appeal to the Administrator (and the Personnel Board for non-substance abuse terminations). If you have, any additional, questions or concerns related to this information do not hesitate to contact me or the Director of Human Resources at 706-821-2303. Sincerely, Name: ________________________________________________________ Department Director Employee: __________________________ Date: __________ I acknowledge receipt of this document and I understand that a copy of this document will be placed in my official Personnel File in Human Resources cc: HR Director Page 37 of 41 Notice of Disciplinary Action- Termination (Form HR-ER IV) Recommendation for Termination Current Date: Employees Name: Street Address City, State, Zip Code RE: Notice of Proposed Disciplinary Action – Termination: Dear Mr./Mrs./Ms: (Employees last Name) This letter is to inform you that effective (date and time) you have been recommended for terminatedion from employment. This is due to your violation of Augusta, Georgia Policies. State violations: If you disagree with this decisionrecommendation you may request appeal to the Administratorthat the HR Director conduct an administrative review of this request where you will be provided the opportunity to explain why you believe you should not be terminated. To appeal this decisionrequest an administrative review of this recommendation, you must submit a written request to the HR Director of Human Resources within five (5) days of receipt of this letter. Your request for appeal must be received by the HR Department within five (5) business days of receipt of this letter. Failure to submit an appeal will result in the termination decision being upheld.an administrative review should be forwarded to the attention of the Director of Human Resources, 530 Greene Street, Room 601, Augusta, Georgia 30901. Should you not agree with the Administrator uphold the terminationHR Director’s decision following the administrative review, you have the right to appeal to the Augusta, Georgia Personnel Board Personnel Board (for non-substance abuse terminations). For your appeal to be timely, it must be provided to the HR Director within five (5) days of receipt of the written notification of the HR DirectorAdministrator’s decision. If you have, any additional, questions or concerns related to this information do not hesitate to contact me or the Director of Human Resources at 706-821-2303. Sincerely, Name: ________________________________________________________ Department Director EmployeeReceipt acknowledged: __________________________ Date: __________ Page 38 of 41 I acknowledge receipt of this document and I understand that a copy of this document will be placed in my official Personnel File in Human Resources. cc: [Name], Administrator [Name], General Counsel [HR Director, Title] Page 39 of 41 Request for Admin Review or Appeal (Form HR-ER VI) Any regular employee in the Classified Service recommended for a written reprimand, performance improvement plan, suspensionded without pay, demotedion, or terminatedion has a right to appeal such decision to Administrative Review by the Administrator. ForDirector of Human Resources or the Administrator (non-substance abuse terminations there is also a right to appeal from the Administrator’s decision to the Personnel Boarddepending on the level of discipline). A request to appealThis request a decision must be submitted to the Director of Human Resources in writing within five (5) working days of receiving notice of the recommended action. Employee Name_________________________ Employee ID #________________________ Employee Title______________________ Date of Hire_______________ Department No.__________________ Department Name: ____________________ Department DirectorHead___________________________ Supervisor_______________________ Date of Incident _________ Nature of Incident_________________________________ I am appealing the following disciplinary action (place an “X” in the appropriate box): Suspension without Pay ( ) Demotion ( ) Termination ( ) REASONS FOR APPEALTHE ADMINISTRATIVE REVIEW INSTRUCTIONS: Please state exactly what happened to cause the disciplinary action, when it happened, who was involved and what policy, procedure, law, or contract clause you allegedly violated, and reason(s) you believe that the action taken against you by management was not justified (print or type): Note: You may attach additional documents or continue your written request on additional pages, but you must number and sign/date each additional page. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Page 40 of 41 ______________________________________________________________________________ Employee Signature: _______________________________Date_______________________ Received by (Human Resources Department): ______________________________________________________________________________ Human Resources Signature:______________________________Date_____________________ Was request filed within five (5) business of receipt of the disciplinary decisionaction? Yes_____ No_____ If the employee’s administrative review request was not received by the Human Resources Director within five (5) working days of receipt of the disciplinary decisionaction, it is untimely and will not be processed. In this event, please sign below, copy and return the original of the appeal to the employee: ______________________________________________________________________________ Human Resources Department Date Original to Human Resources employee file Copy to Administrator to employee Copy to Department Director Copy to employee mental file Human Resources employee file Page 41 of 41 (NOTICE OF FINAL DECISIONS) (Form HR-ER VI) VIA CERTIFIED MAIL/RECEIPT REQUESTED Current Date: Employees Name: Street Address City, State, Zip Code RE: Final Decision: Dear Mr./Mrs./Ms: (Employees last Name) An administrative review was conducted on ____(Date)___________for violation of Augusta, Georgia Policies and Procedures: State violations as stated: After considering all of the facts, I am in agreement with the Department Director’s recommendation regarding the (Demotion, suspension, Termination) etc. In accordance with the policies and procedures of Augusta, Georgia this decision may be appealed in accordance with the procedures provided in the Employee Handbook. [Reference the sections in the handbook relevant to the type of decision rendered.] Sincerely, [Name], Human Resources Director cc: [Name], Administrator [Name], General Counsel [Department Director, Title] ORDINANCE NO. ___________ AN ORDINANCE TO AMEND THE AUGUSTA, GA CODE TITLE ONE, ARTICLE FOUR, SECTION 1-7-51 RELATING TO THE ADOPTION OF PERSONNEL POLICIES AND PROCEDURES OF AUGUSTA, GEORGIA; TO AMEND CHAPTER III, SECTIONS 300.001 THROUGH 300.017 AND ALL ASSOCIATED FORMS OF THE PERSONNEL POLICIES AND PROCEDURES MANUAL REGARDING EMPLOYEE DISCIPLINE APPEALS; TO ADD SECTIONS 300.000, 300.018 and 300.019; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. WHEREAS, the Personnel Policies and Procedures Manual currently provides for the Administrator to be the final step in the appeals process for employee terminations; WHEREAS, it is the desire of the Augusta, Georgia Board of Commissioners to have the Personnel Board be the final step in the appeals process for certain terminations; and WHEREAS, Augusta, Georgia desires to update and amend Sections 300.001 through 300.017 of the Personnel Policy and Procedures Manual which is part of AUGUSTA, GA. CODE Section 1-7-51 to change the appeals process and to add Sections 300.000, 300.018 and 300.019. THE AUGUSTA, GEORGIA COMMISSION, ordains as follows: SECTION 1. AUGUSTA, GA. CODE Section 1-7-51 as set forth in the Augusta, Ga. Code, re- adopted March 1, 2011 (Ord. 7323), is hereby amended by striking Sections 300.001 through 300.017 (and associated forms) of the incorporated Personnel Policy and Procedures Manual in its entirety as set forth in “Exhibit A” hereto and inserting in lieu thereof new Sections as set forth in “Exhibit B” hereto and to add Sections 300.000, 300.018 and 300.019. SECTION 2. This ordinance shall become effective upon its adoption in accordance with applicable laws. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this _____ day of , 2018. ___________________________ Hardie Davis, Jr. As its Mayor Attest: ______________________________ Lena J. Bonner, Clerk of Commission Seal: Published in the Augusta Chronicle. Date: ______________________ First Reading:___________________ Second Reading: Waived EXHIBIT A STRIKE: CHAPTER III. GRIEVANCES, DISCIPLINE, & APPEALS Section 300.001 Objective It is the practice of Augusta, Georgia to: 1. Provide fair, equitable, and timely grievance procedures for all regular employees; 2. Facilitate free discussion of employment concerns between employees and supervisors to foster better understanding of administrative policies, procedures, and practices; 3. Promote reaching a fair and equitable decision and doing so in a climate of mutual understanding and objective fact-finding; and to 4. Assure that those who file grievances are not retaliated against. Section 300.002 Grievance Policy Scope This grievance procedure applies to all regular full-time employees, with the exception of temporary employees, some elected officials, and members of the Senior Executive Service (SES). Additionally, contract employees and persons in Grant Funded positions are not covered. Augusta, Georgia reserves the right to depart from this grievance policy in its sole discretion. All employees are employed at will, and both they and Augusta, Georgia may terminate the employment relationship at any time, with or without cause, without following any specific procedure. Section 300.003 Grievance Policy Undertakings No punitive, discriminatory, adverse, or retaliatory action shall be taken against any employee on account of the filing of a grievance or an appeal unless such grievance or appeal is frivolous. Frivolous is defined as a grievance or appeal that is completely unsubstantiated or falsified. All employees involved in processing a grievance will work diligently to insure that all grievances are handled fairly and expeditiously and that all required deadlines are met. Every effort shall be made to resolve grievances at the lowest possible level in the Augusta, Georgia organization. Grievances shall be resolved by making decisions that are best for the organization and employees. Not every grievance will be resolved to the employee’s satisfaction, but each grievance will be investigated and the employee will receive a response. Department Directors shall be responsible for the administration of this grievance policy in their respective departments. Section 300.004 Grievance Policy Definitions A “grievance” is a disagreement regarding an interpretation and/or application of administrative rule, regulation, policy, plan or procedure which exists under the personnel administration system of Augusta, Georgia which an employee feels is unjust or unfair. A “working day” for this policy is defined as any day of business between workings hours of 8:00 a.m. and 5:00 p.m. excluding Saturday, Sunday and Augusta, Georgia observed Holidays. Section 300.005 Exclusions From the Grievance Procedure 1. Formal Disciplinary Actions (i.e. written warnings, PIPs, suspensions without pay, demotions, and terminations) handled through the appeal process defined in the Appeal Section of this policy. 2. Complaints of Sexual Harassment (These allegations should be filed with and will be processed according to the Policies and Procedures established by the Commission for the Augusta, Georgia Equal Employment Office (EEO Office)). 3. Complaints of Discrimination (Allegations regarding discrimination based on race, age, sex, national origin, religion, veteran status and disability should be filed with and will be processed according to the Policies and Procedures established by the EEO Office). 4. Wage/compensation issues pertaining to pay or benefits; validity of established salary ranges of the current Augusta, Georgia pay plan; or salary, title, or duties and grade of a position or job evaluation. 5. Hours of work and work schedules or performance appraisals/ratings/performance standards. 6. Non-selection from a bona-fide referral list of qualified and/or highly qualified candidates provided to the selecting official from HR. Section 300.006 Grievance Policy General Provisions Grievances may be initiated only by the employee concerned and may not be pursued without the affected employee’s consent. Repeated filing of grievances concerning the same issue which has been denied will not be considered. The employee filing a grievance may, at any step in the procedure, request the assistance from the HR Department or from an advisor/advocate of his or her choosing. If this advocate is a current employee, the advocate must obtain his or her supervisor’s permission to participate. The advocate can only present or prepare for the panel hearing during the advocate’s off-duty hours. Supervisors or Administrators hearing a grievance are urged to call upon the HR Director for advice of assistance in the appropriate interpretation of Augusta, Georgia rules and procedures. This procedure is normally intended for the use of individual employees. Should a number of employees file separate grievances on the same matter, such grievances may be combined. A final determination on the combined grievance shall be binding on all such similar grievances, and a copy of the final determination shall be provided to all complainants. Any grievance shall be considered resolved at the completion of any step if all parties are satisfied or if neither party appeals the matter to the next step of the procedure with the prescribed period. Section 300.007 Presenting a Grievance Grievances must be presented, in writing, to the appropriate supervisor/manager in the chain-of- command within ten (10) working days from the date of the act or from the date the employee became aware of the occurrence. Grievances submitted after this time are untimely and will not be considered. Grievances must be submitted on the grievance form prescribed by the HR Director for this purpose. If the supervisor does not comply with the time limits within a step of the procedure, the employee filing the grievance may proceed to the next level of review. A supervisor who is not responsive to the time limits set forth in this procedure maybe subject to disciplinary action. Failure of the grievant to comply with established time limits shall constitute abandonment of the grievance and an exhaustion of such employee’s administrative remedies as to the issue grieved. Since it is important that grievances be resolved as rapidly as possible, time limits, as set forth in the previous paragraphs, shall be considered a maximum and efforts shall be made to expedite the process. If either party wishes to extend any time limit at any step a request for extension should be made in writing to the Department Director, indicating justification for the request at least twenty-four (24) hours prior to the deadline established for the various steps. Section 300.008 Grievance Process Step One: Immediate Supervisor Augusta, Georgia’s position is that issues are best resolved when there is open communication between employees and supervisors. It is the responsibility of any employee who believes that he/she has a bona-fide grievance to promptly discuss the issue with his or her immediate supervisor and attempt to resolve the matter at this level. It is recommended that the employee verbally express the suggested solution. The immediate supervisor shall give an oral response to the employee. Every reasonable effort shall be made to resolve the problem at this step. If the employee is not satisfied with a supervisor’s oral response, or chooses to bypass this step, then the employee may proceed to step two. Step Two: Chain of Command The employee shall complete a written Employee Grievance Form and submit it to the immediate supervisor within five (5) working days of the event that gave rise to the grievance or when the employee first became aware of the issue. Upon receipt of a written grievance, the immediate supervisor shall consult with their immediate supervisor (if appropriate) and immediately forward a copy of the grievance to the Department Director. If there are other supervisory levels between the immediate supervisor and the Department Director, (i.e. field supervisor, assistant director, etc.) these levels should participate in resolving the grievance at this Step since the next step is the Department Director. The immediate supervisor and other supervisors in the employee’s chain of command shall enter their joint comments on the Employee Grievance Form and return it to the employee within five (5) working days of receipt of the grievance by the employee’s immediate supervisor. Where a grievance concerns the conduct of the immediate supervisor, the next supervisor in the chain of command may choose to respond at this step. If the written response of the immediate supervisor and/or other supervisors does not satisfy the complainant, the employee may proceed to the next level by presenting the grievance to the Department Director within five (5) working days of receiving the step two response. Step Three: Department Director Upon receipt of a timely submitted step two exhausted grievance, the Department Director will conduct whatever investigation they deem necessary as part of their review of the grievance. Within ten (10) working days of having received the written grievance, the Department Director shall submit a written response to the complainant. A copy of the response shall also be provided to the supervisors in the employee’s chain of command at the Department level and to the HR Director. If the Department Director’s response is not acceptable to the complainant, the complainant may request that the Administrator (or appropriate designee) review the grievance through a request to the HR Director. Such a request must be made on the Employee Grievance Form, within five (5) working days after the employee receives the Department Director’s response. Step Four: Administrative Review Upon receipt of a timely submitted step three exhausted grievance, the HR Director will investigate the grievance and recommend a solution to the Administrator. The HR Director will have ten (10) workdays to provide a recommendation to the Administrator. The Administrator may accept the HR Director’s recommendations, conduct his or her own investigation, and/or hold an Administrative Review hearing. The Administrator or his or her designee will present a final decision within ten (10) working days of receipt of the grievance from the HR Director. The Administrator’s decision is final. Such final decision shall be sent to the employee via U.S. Certified Mail. Section 300.009 Grievance Witnesses The grievant and the department may call witnesses to testify at a grievance hearing. Falsifying a statement is considered “serious misconduct” and may result in the employee’s suspension or separation from employment. Section 300.010 Grievance Documentation Once a grievance submitted to the Administrator has been resolved, all documentation associated with the grievance will be forwarded to the Human Resources Department. Although grievance documentation is part of the employees’ records, the documentation will be maintained in a file separate from the employee’s official personnel file in the HR Department. Section 300.011 Discipline Purpose: To establish a uniform, fair, and standardized means by which Augusta, Georgia may administer a program of disciplinary procedures and guidelines. Disclaimer: 1. Disciplinary action may be taken against an employee when a rule of Augusta, Georgia or the Department is violated, when work performance is not satisfactory, when counter-productive or inappropriate behavior is exhibited, or violation of lawful orders, work rules/standards, organizational Standard Operating Procedures (SOPs), administrative rules, organizational policies and procedures, ordinances, and/or statutes. A discipline program should exhibit promptness, impartiality, consistency, and fairness, where employees know what to expect as the result of certain behaviors on the job (See Recommended Guidelines for Disciplinary Actions- Table I). 2. Augusta, Georgia generally follows a policy of progressive discipline. The purpose of a progressive disciplinary procedure is to give the employee adequate notice and opportunity to correct any deficiencies, and its focus is on prevention of future violations rather than on punishment. The disciplinary action taken is normally to be the least serious action needed to prevent future instances of inappropriate behavior. If inappropriate behavior continues, the employee can expect further and more serious discipline. This policy does not restrict the imposition of a suspension, demotion, or termination in matters that are outside the progressive discipline policy. Augusta, Georgia reserves the right to depart from this discipline policy in its sole discretion. All employees are employed at will, and both they and Augusta, Georgia may terminate the employment relationship at any time, with or without cause, without following any specific procedure. Types of Discipline: The types of disciplinary action, in order of their severity, are: A. Informal Discipline 1) Letter of Warning A Letter of Warning is a type of informal disciplinary action and may be used to admonish an employee for committing a minor violation. It is often used when verbal counseling, admonishments, on the job training, and/or guidance has failed to provide the necessary corrective action. The “Notice of Warning Letter” (See Form HR-ER 1) provides documentation that the counseling occurred, outlining the shortcomings or violations and then offering recommendations for improvement. Informal discipline documentation is maintained at the department level. Informal disciplinary actions are not subject to the grievance or appeals processes. B. Formal Discipline 1) Written Reprimand A Written Reprimand is an admonishment given to the employee in writing, and is always placed in the official personnel file in Human Resources. This form of discipline is more serious than a Letter of Warning, but less serious than a suspension. A Written Reprimand often serves as the type of discipline given for a repeated offense of minor violations or for the first offense of a moderately serious infraction. The “Notice of Written Reprimand” (See Form HR-ER II) will be completed by the Department Director and forwarded to Human Resources for inclusion in the employee’s official personnel file. If a Letter of Warning or any other relevant disciplinary actions has been issued previously, a copy may be attached as supporting documentation. The letter of Written Reprimand may be used to support further disciplinary actions for a period no longer than three (3) years from the date of receipt. 2) Performance Improvement Plans The Performance Improvement Plan (PIP) is designed to facilitate constructive discussion between a staff member and his or her supervisor and to clarify the work performance to be improved. It is implemented, at the discretion of the supervisor and Department Director, when it becomes necessary to help a staff member improve his or her performance. A PIP will be conducted for period of ninety (90) days and must be approved by the Department Director. If an employee shows improvement but not enough that the employee meets the status of “satisfactory”, the PIP may be extended for a period of ninety (90) days within a one (1) year cycle for a total of no more than two (2) PIP plans. If an employee does not show improvement after the initial PIP or does not meet the status of “satisfactory” after two (2) PIPs, the Department Director can recommend the employee for demotion or termination. 3) Suspension Without Pay A suspension is the most severe form of discipline, short of demotion or termination, and involves time off without pay. It is used when a written reprimand has not corrected the inappropriate behavior or when an offense is more serious than that warranting a reprimand. A suspension may last from one (1) to thirty (30) days depending on the seriousness of the infraction. Any suspension shall utilize the “Notice of Proposed Disciplinary Action” form (Form HR-ER III) and must be approved by the Department Director, or equivalent, prior to issuance to the employee. A copy will be processed through the HR Director. 4) Demotion With A Pay Reduction Performance-Based Demotion An involuntary demotion may occur based on poor performance and is appropriate where: 1. The employee’s inability to perform current job duties has been demonstrated and documented in the employee’s record through one or more PIPs; 2. The employee’s record is otherwise satisfactory and no other active rule violations exist, e.g. attendance, punctuality, etc.; 3. The employee is qualified for the lower grade or alternative position; 4. The employee has the ability, is qualified, and a vacancy exists, the employee may be demoted to another position which may be in a lower pay grade or transferred to another job within the employee’s functional unit; and 5. The Director of Human Resources has provided final approval for a demotion. If an employee has been promoted or transferred in the last year and the employee is not performing at a level expected in the new job, then the employee may request to return to the previous job or a job similar to the previous job and their salary will return to what it was prior to the promotion or transfer. The availability of such a job may depend upon mitigating circumstances, such as whether the job has already been filled within the same department. Augusta, Georgia will assist the employee in finding a suitable job that corresponds to their experience, skills, and knowledge. Should the job previously held by the employee be filled and no other comparable position exists, the employee will be placed on lay-off status until a comparable position may be found. However, if within six (6) months a comparable position is not found the employee will be placed on permanent lay-off status. Performance-Based Demotions with pay reductions may be considered in cases where moving the person out of their current position is more appropriate than termination. Conduct-Based Demotions An involuntary demotion may also occur based on poor or unacceptable conduct. With this type of demotion, a Performance Improvement plan is not necessary or required. 1. Unacceptable personal conduct violations are outlined in the violations and recommended disciplinary actions in Table I. These conduct violations may include but are not limited to: personal conduct that disrupts work or the work environment, jeopardizes the safety of persons or property, or creates other serious disruptions in the workforce. 2. There are circumstances in which unacceptable or bad conduct could warrant imposing disciplinary action that is more severe than suspension but less severe than termination. An acceptable alternative disciplinary action for this type of conduct can be demotion in lieu of termination. Provided the employee is qualified, a funded vacancy exists, and the Department Director believes that demotion would be a more appropriate disciplinary action than termination; the employee may be involuntarily demoted to another position which may be in a lower pay grade or transferred to another job within the employee’s functional unit. In either case the demotion in pay and/or grade would require a minimum ten percent (10%) reduction in base pay. Prior to demotion, the proposed action must be reviewed and approved by the Director of Human Resources. 5) Termination Termination from employment is the most severe form of discipline. It is normally used when an employee has been disciplined repeatedly and commits yet another infraction. It may also be used when the employee has committed any infraction that falls outside progressive discipline, regardless of disciplinary history. For every termination the “Notice of Proposed Termination” form should be filled out completely by the Department Director and should be delivered to the HR Director for review and processing. The request for termination will be approved/disapproved by the HR Director who will issue a final “Notice of Decision.” Section 300.012 Discipline Guidelines and Procedure 1. An employee for whom formal disciplinary action (i.e. written reprimand, PIP, suspension, demotion, or termination) is being considered should, when possible, be allowed notice prior to imposition of such action by the use of the “Notice of Proposed Disciplinary Action” form. The employee will have five (5) working days in which to respond in writing or orally to the Department Director explaining why the action should not be taken. Failure to respond within that period will not delay administering of the disciplinary action. 2. Suspensions (for any reason), terminations, and demotions are permanent actions and will be retained in the official personnel file indefinitely. 3.Any disciplinary action recommending a suspension, demotion, or termination must be in writing and must be approved by the HR Director prior to disciplinary action being imposed. 4.An effective discipline program is characterized by the uniform application of rules and regulations. Generally, like offenses should result in similar disciplinary actions. At the same time, the supervisor administering the discipline may consider additional factors such as years of service and internal consistency. 5. It is recognized that similar offenses may result in different disciplinary actions, depending on work history, circumstances, and the severity of the offense. For example, an employee who is charged with “absence without approved leave” (AWOL) for a two-week absence may be terminated while an employee who is charged with AWOL for a two-hour absence may only receive a one-day suspension. Both employees are charged with the same offense, but receive different disciplinary actions. 6. Other factors that may influence the severity of disciplinary action include, but are not limited to, the following: the length of the employee’s service, the quality of the employee’s service, the cost involved, and the cooperation of the employee in the investigation of the specific incident. Ensuring that disciplinary actions are administered in a fair, consistent, and non-discriminatory manner is ultimately the responsibility of the HR Director. 7. An employee may not be punished more than once for the same offense by any other management official of Augusta, Georgia. Previous offenses may, however, be taken into account when considering future discipline. Disciplinary actions by law enforcement or any other outside agency does not prohibit Augusta, Georgia from also taking disciplinary action. For example, if an employee is issued a citation by law enforcement during the investigation of an “at fault” accident, this does not prohibit Augusta, Georgia from imposing disciplinary action as well. 8. In determining the proper level of disciplinary action, which would be suitable to a particular offense, refer to the “Recommended Guidelines for Disciplinary Actions. This Table of Guidelines (Table I) provides examples of misconduct but may not be all-inclusive. Augusta, Georgia has the right to discipline an employee for offenses not specifically listed. If an act or violation is of a very serious nature, intermediate levels of progressive discipline may be bypassed with more severe penalties imposed. 9. In addition to a thorough narrative with any supporting evidence as necessary, supporting the reason(s) for the charges or offense in question, the Department Director should cite any applicable “Violation Reference” code found on the table of guidelines. (HR-ER Form). More than one reference may be cited in making record of the disciplinary action. The specific action or punishment to be taken is at the discretion of the Department Director; particularly egregious violations may bypass the progressive discipline process. Note: The Personnel Board shall consider only Appeals of employees as it relates of dismissals or terminations. Decisions of the Personnel Board may be appealed to the Administrator. Review and Approval Process Formal Discipline Submitter Approver Time to Appeal 1st Appeal 2nd Appeal Written Reprimand Supervisor/ Manager Department Director 5 Days HR Director None PIP Supervisor/ Manager Department Directors 5 Days HR Director None 1-3 Days Suspension Supervisor/ Manager Department Director 5 Days HR Director None 4 Days or more Suspension Department Director HR Director 5 Days Administrator None 1. If the actions necessary are not time-sensitive, the supervisor shall notify the employee (Notice of Pending Disciplinary Action” form) that formal disciplinary action, i.e. suspension, demotion, or termination, is being considered. This notification shall provide facts and a description of the alleged infraction(s) and the consequences under consideration. The employee shall be given five (5) working days in which to provide a written response to the Department Director, with a copy to HR, showing cause as to why disciplinary action should not be taken. 2. When a regular employee is charged with misconduct that serves as a basis for termination or demotion, the Department Director may (but is not required to) place the employee on up to three (3) days Administrative Leave with pay. The administrative leave will be unpaid if the employee is otherwise unavailable to perform his or her job duties or if unpaid Administrative Leave is approved by the HR Director. 3. Infractions of a serious nature may require prompt action, not allowing for advance notification. Any written communication from the employee will permanently accompany the relevant disciplinary action. 4. The Department Director must coordinate with the HR Director to assure procedural compliance prior to issuance of any proposed or final decision. Within ten (10) workdays of receipt of the employee’s written response, the Department Director or HR Director will decide and issue the disposition in the matter using the “Notice of Final Decision Form HR-ER IV.” 5. Upon receipt, the employee should sign and date a “Receipt Acknowledged” of Notice of Final Decision. A copy of all documentation associated with the case will be furnished by the Department Director to the HR Department for filing in the Official Personnel File. Section 300.013 Appeal of Submitted and Approved Discipline 1. In order to remain timely, the request from the employee for an Appeal to the HR Director, Administrator or Personnel Board, must be written, signed and filed in the HR Department within five (5) business days of the employee receiving notice of the recommended disciplinary action, or Final Decision by the Department Director or HR Director. The effect of an employee’s failure to request an Appeal within this five (5) day period is the waiver of their right to appeal the recommendation, action or decision and a failure on their part to exhaust their administrative remedies. In such instances, the recommendation for discipline made by the Department Director (or manager) or the Final Decision made by the HR Director shall become a Final Decision which is Demotion Department Director HR Director 5 Days Administrator None Termination Department Director HR Director 5 days Personnel Board Administrator not appealable. 2. A written statement by the employee specifically referencing suspension, demotion, or termination and providing their reasons, to include any relevant documentation, for recommending the disciplinary action be overturned, shall be forwarded to the HR Director. The HR Director will review the documents for timeliness and completeness and, if a timely appeal is made, shall forward a copy of the request to the next appeal level within ten (10) working days of receiving the request. 3. For suspensions of four (4) or more days, demotions, and terminations, the HR Director or designee shall hold an administrative review conference at which time the employee shall be authorized to present information that is pertinent to the charges on his or her behalf. (For suspensions of 1 to 3 days, the Department Director or designee shall hold an administrative review conference). If an employee wishes to have an attorney present at this conference, said employee must inform the HR Director of such intentions at least forth-eight (48) hours prior to the conference. The HR Director may seek legal representation from the Law Department in any such conference or Personnel Board Hearing irrespective of whether the employee has requested an attorney or not. 4. The HR Director, or designee (Department Director for suspensions of 1-3 days) shall render a decision on the recommendation based on all of the relevant information. The HR Director’s (or Department Director’s) decision is final, and, the employee shall be notified of this decision in writing. Section 300.014 Appeals to the Personnel Board: Terminations Only Note: Only full-time regular employees may appeal Terminations. SES and Probationary employees may not appeal to the Personnel Board. 1. The employee shall have five (5) business days from notification by the HR Director to appeal a termination or dismissal (Form HR-ER V) via the HR Department to the Personnel Board. 2. Upon receipt by the HR Director of a timely written request for appeal of termination by the employee, Human Resources will, within ten (10) working days, submit all documentation, including a statement of charges, to the Personnel Board. 3. At its next scheduled meeting, the Personnel Board will hold an open hearing and receive evidence in relation to the Appeal in accordance with the bylaws of the Personnel Board. 4. The employee or agents of the employee may not contact or have discussions with any member of the Personnel Board regarding the Employee’s hearing, the facts surrounding the hearing, or the Employee’s character outside the confines of the hearing while the Employee’s appeal is pending. The employee’s failure to comply with this regulation will result in the Employee’s appeal being denied and the decision of the Human Resources Director being upheld. 5. If an employee wishes to have an attorney present at the Personnel Board hearing, said employee must inform the HR Director of such intention at least forty-eight (48) hours prior to the hearing. The HR Director may seek legal representation from the Law Department in any Personnel Board Hearing irrespective of whether the employee has requested an attorney or not. 6. If an employee has a conflict which will not allow the employee to attend the open hearing and needs to reschedule the date of the open hearing concerning their employment to the next regularly scheduled meeting of the Personnel Board, the employee must provide at least forty-eight (48) hours notice of the need to reschedule and must provide written verification of the conflict to the Director of Human Resources at least twenty-four (24) hours before the scheduled open hearing. Failure to provide adequate notice or written verification of a conflict will result in the open hearing to proceed as scheduled. If an employee fails to attend the scheduled open hearing, the employee’s appeal will be denied and the decision of the Human Resources Director will be upheld. 7. Within ten (10) working days of the hearing, a written decision will be rendered by the Personnel Board. Such decision shall contain a descriptive statement by the Chairman of the Personnel Board describing the reasons the Board rendered the decision it made. 8. The HR Department will notify the employee in writing of the decision of the Personnel Board. Section 300.015 Personnel Board By-Laws (A) Purpose. The purpose of these bylaws is to establish uniform procedures for the conduct of hearing and meeting of the Augusta, Georgia Personnel Board (hereinafter “Personnel Board” or “Board”). (B) General Provisions. (1) After an appeal of a dismissal has been properly filed with the Human Resources Department, the appeal shall be forwarded to the Chairperson of the Personnel Board to be scheduled for a hearing before the Personnel Board. (2) Notice of Hearing. Within seven (7) days from the filing of an appeal in accordance with the Employee Administrative Policy & Procedures Manual (hereinafter “Employee Manual”), the Chairperson of the Personnel Board shall designate an appropriate time and place to conduct the hearing and shall so notify all parties in writing. Such notification shall be mailed or served at least ten (10) calendar days in advance of the date set for the hearing. The Personnel Board will conduct an investigation into the charges based on the information provided by the Human Resources Department. At its next scheduled meeting, the Personnel Board will hold an open hearing and receive any additional evidence in relation to the Appeal. The Chairperson of the Personnel Board, or a majority vote of the Board, shall have the authority to postpone or to continue a hearing (either in the Chairperson’s discretion, upon a motion by the Personnel Board or upon the motion of either party, orally or in writing). (3) Representation. Opportunity shall be afforded both parties to represent themselves or to be represented by an attorney licensed to practice law in the State of Georgia. All arrangements for providing legal counsel shall be the responsibility of the party desiring such representation. An employee intending to have representation shall inform the Director of Human Resources of such intentions at least 48 hours prior to the scheduled date of such hearing. (4) Pre-Hearing Conference. The Chairperson of the Personnel Board may arrange a pre- hearing conference for the purpose of reviewing the matter being appealed and establishing stipulations to expedite the hearing. (5) Witnesses. (a) The appellant or the Human Resources Director (or his or her designee) may request the attendance of employees or other persons as witnesses when their testimony will aid in establishing the facts in the case. Employees appearing as witnesses shall be released from duty without loss of pay or time and without effect on their service rating. However, the Personnel Board does not have subpoena powers to compel a witness’s attendance. (b) No person shall directly or indirectly use, or threaten to use, any official authority or other influence which would tend to discourage any other person from testifying. (c) Each party shall provide the opposing party a witness list at least three (3) business days in advance of a scheduled Personnel Board hearing. A party seeking to have a witness testify that is not on their witness list may only do so with the consent of the opposing party. (6) Record of Hearing. A recording shall be made of all hearings; however, such recording will not be transcribed unless the Personnel Board decision is appealed in accordance with the Augusta, Georgia Personnel Policies and Procedures Manual; or a transcript is requested by the Personnel Board or either party to the hearing. If the employee requests a copy of the transcript prior to appealing the Personnel Board’s decision, the employee shall pay the cost of having the recording transcribed. In addition to the recording of the hearing, or a transcription thereof, all documents entered into the record during the hearing shall be made part of the official record of the hearing. It shall be the responsibility of the clerk of the Personnel Board to compile the official record of the hearing and, upon the filing of an appeal of the Personnel Board’s decision, to have such record certified by the Chairperson of the Personnel Board. (C) Hearing Process. (1) Role of the Board. The Personnel Board shall have the authority to do the following in connection with any hearing: (a) To administer oaths and affirmations; (b) Regulate the course of the hearing; (c) Set the time and place for continued hearings and pre-hearing conferences; (d) Reprimand or exclude from the hearing any person for any indecorous or improper conduct committed in the presence of the Personnel Board; (e) To make informal disposition of any case by stipulation, agreed settlement, consent order or default, unless such disposition is precluded by law; (f) To render a decision as to issues properly presented to the Personnel Board; and (g) To file Answers to Writs of Certiorari properly filed in the Superior Court of Richmond County. (2) Attendance at the Hearing. Any hearing at which the Personnel Board receives evidence or hears arguments on appeals of disciplinary actions, dismissals, or other purported violations of the rules shall be open to the public in accordance with Georgia Open Meetings Law. Witnesses may, however, be sequestered at the discretion of the Board. (3) Evidence. With respect to all hearings before the Personnel Board: (a) Irrelevant, immaterial or unduly repetitious evidence shall be excluded. The rules of evidence as applied to the trial of civil non-jury cases in the Superior Courts of Georgia shall be followed. Evidence not admissible there under may be admitted if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. The Personnel Board shall give effect to the rule of privilege recognized by law; (b) Objections to evidentiary offers may be made and shall be noted in the record; (c) When a hearing will be expedited and the interest of the parties will not be prejudiced substantially, any part of the evidence may be received in written form; (d) Documentary evidence may be received in the form of copies of excerpts if the original is not readily available; and (e) The Director of Human Resources may proceed with the presentation of evidence first. (4) Conduct of Hearings. In the hearing of an appeal, the proceeding shall be informal but orderly. The following procedure shall prevail: (a) The Chairperson of the Personnel Board shall open the hearing by explaining the procedure to be followed in the hearing. (b) Witness shall be sworn in and at the discretion of the Chairperson any or all witnesses may be sequestered; (c) The Chairperson shall read or cause to be read the charges and specifications of the issues to be determined by the Personnel Board; (d) The facts not in dispute may be stipulated; (e) Each party shall be given an opportunity to make a brief opening statement identifying the issues and indicating what is to be proven. The Human Resources Director shall present their opening statement first followed by the employee; (f) The Human Resources Director will begin its presentation of evidence followed by the employee; (g) All witnesses shall testify under oath or affirmation. The employee and the Human Resources Director may call witnesses to testify at a grievance hearing. Falsifying a statement is considered as “serious misconduct” and may result in the employee’s suspension or separation from employment; (h) Each party may conduct such cross examination as shall be required for a full and true disclosure of the facts. In addition, the Personnel Board members may examine the witnesses; (i) Before closing the hearing, the Chairperson may allow both parties the opportunity to make brief oral or written closing statements. The employee may present his or her closing statement first; (j) At any point during the hearing, of his/her own accord or at the request of either party, the Chairperson may grant a fifteen (15) minute recess to allow the parties engage in confidential settlement negotiations. This initial fifteen (15) minute recess may be extended by the Chairperson if both parties signify that progress is being made in the settlement negotiations. (k) Within ten (10) working days of the hearing, a final decision will be rendered by the Personnel Board. Should the Board fail to overrule the dismissal decision, the dismissal shall stand. If the dismissal decision is reversed by the Personnel Board and the Personnel Board’s decision is upheld in the review and appeal process (or no timely appeal is filed), the employee shall be “made whole” by being reinstated as an employee and provided back pay. (l) The Human Resources Director will notify the employee in writing of the final decision of the Personnel Board and will be responsible for implementation of any action ordered by the Board. (5) Time Limitations. In the hearing of an appeal, the parties are subjected to the following time limitations in the presentation of their cases and such time will be monitored by the clerk of the Personnel Board. (a) Opening Statements. Each party shall have a maximum of five (5) minutes to make an opening statement. (b) Presentation of Evidence. Each party shall have an initial time period of thirty (30) minutes to present evidence in support of their case. A party may be granted one or more extensions of time in fifteen (15) minute increments, upon motion and good cause shown, to complete presentation of evidence in support of their case. (c) Closing Statements. Each party shall have a maximum of five (5) minutes to make a closing statement. (D) Review of the Personnel Board’s Decision. A decision of the Personnel Board shall not limit the rights of either party to further review and such decision shall be stayed by the filing of a petition for review. Any party, including the Human Resources Director, who has exhausted all administrative remedies available before the Personnel Board and who is aggrieved by a final ruling or order of the Personnel Board on any hearing may seek further review of the decision or order of the Personnel Board in accordance with the Augusta, Georgia Personnel Policies and Procedures Manual. (1) In the absence of an appropriate action for review of the Personnel Board’s decision, within such time for review, the Personnel Board’s decision shall, without further proceedings or notice, become the final decision of the Personnel Board and any right of additional appeals shall be extinguished. (2) Record for Review of Board’s Decision. Upon receipt by the Chairperson of the Personnel Board of an appropriate action for review of the Personnel Board’s Decision, the Board Clerk and/or Human Resources Department representative shall transmit a certified copy of the entire record to the reviewing body. (3) The Chairperson of the Personnel Board Shall Answer any Writ of Certiorari to the Superior Court of Richmond County. Section 300.016 Appeals from the Personnel Board to the Administrator: Terminations Only 1. Should an employee or the HR Director disagree with the Personnel Board’s decision, either may file an appeal to the Administrator, whose decision shall be the final administrative step in the appeals process. The employee and the HR Director shall have five (5) business days from notification of the decision of the Personnel Board being sent by the HR Department to the employee, to file a written appeal to the Administrator. The written appeal shall contain a short descriptive statement containing the reasons the appealing party believes the Personnel Board’s decision should be overruled. 2. Within ten (10) working days of a timely filed request for appeal to the Administrator, the Human Resources Department shall deliver a complete transcript of the Personnel Board hearing and all documents and items admitted as evidence by the Personnel Board in accordance with the Personnel Board bylaws. 3. The Administrator shall review the Personnel Board Record and render a written decision and within ten (10) working days of the delivery of the Personnel Board record. The Administrator may uphold, overturn, or modify the decision of the Personnel Board at his or her discretion. The Administrator’s decision shall contain a descriptive statement describing the reasons the Administrator rendered the decision he or she made. Section 300.017 Appeals from the Administrators Final Decision to Superior Court 1. Should an employee or the Augusta, Georgia Commission disagree with the Administrator’s decision, either may file an appeal to Richmond County Superior Court in accordance with the laws of the State of Georgia. 2. In the event that an appeal to Superior Court is filed, it shall be the responsibility of the HR Director to ensure that a certified copy of the complete record is submitted to Superior Court in accordance with Georgia law and the Personnel Board Bylaws. Notice of Letter of Warning (Form HR-ER I) Employee________________________ Job Title_______________________________ Date Hire_________________________ Supervisor___________________________ Job Title_______________________________ Department__________________________ Date of Incident______________________ I. Explanation ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ___________________________________ II. The following corrective action is expected of the employee: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ___________________________________ I. Future infraction(s) may result in: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ____________________________ Signatures _____________________________________________ Employee Date _____________________________________________ Supervisor Date Notice of Disciplinary Action Form (Form HR-ER II) Written Reprimand Employee________________________ Job Title_______________________________ Date Hire_________________________ Supervisor___________________________ Job Title_______________________________ Department__________________________ Date of Incident______________________ II. Disciplinary action is being taken for the following reason(s) (include dates(s) of infraction and violation of stated policy): ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ____________________________ III. Explanation (include dates and explanation of previous relevant discussions and/or discipline): ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ___________________________________ IV. The following corrective action is expected of the employee: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ___________________________________ V. Future infraction(s) may result in: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ___________________________________ EMPLOYEE COMMENTS (To be completed by employee.) _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ Signatures _____________________________________________ Employee Date _____________________________________________ Supervisor Date Employee’s signature indicates receipt of form and does not necessarily indicate concurrence.  Employee declined to sign. A copy of this form will be placed in the employee’s official personnel folder Distribution of copies: Original to employee Departmental file Human Resources employee file Notice of Disciplinary Action (Form HR-ER III) (Suspension/Demotion) Current Date: Employees Name: Street Address City, State, Zip Code RE: Notice of Proposed Disciplinary Action – Decision to Suspend Without Pay: Dear Mr./Mrs./Ms: (Employees last Name) This letter is to inform you that effective (date and time) you have been placed on suspension for ( ) days. This is due to your violation of Augusta, Georgia Policies. State violations: Please be advised that in accordance with the Augusta, Georgia Grievance and Appeal Procedures, you have the right to file an appeal. Your request for an appeal must be submitted to the Director of Human Resources in writing within five (5) working days, of receipt of this letter. If you have, any additional, questions or concerns related to this information do not hesitate to contact me or the Director of Human Resources at 706-821-2303. Sincerely, Name_____________________________________________________ Receipt acknowledged: __________________________ Date:__________ Notice of Disciplinary Action (Form HR-ER IV) Recommendation for Termination Current Date: Employees Name: Street Address City, State, Zip Code RE: Notice of Proposed Disciplinary Action – Termination: Dear Mr./Mrs./Ms: (Employees last Name) This letter is to inform you that effective (date and time) you have been recommended for termination. This is due to your violation of Augusta, Georgia Policies. State violations: If you disagree with this recommendation you may request that the HR Director conduct an administrative review of this request where you will be provided the opportunity to explain why you believe you should not be terminated. To request an administrative review of this recommendation, you must submit a written request to the Director of Human Resources within five (5) days of receipt of this letter. Your request for an administrative review should be forwarded to the attention of the Director of Human Resources, 530 Greene Street, Room 601, Augusta, Georgia 30901. Should you not agree with the HR Director’s decision following the administrative review, you have the right to appeal to the Augusta, Georgia Personnel Board within five (5) days of receipt of the written notification of the HR Director’s decision. If you have, any additional, questions or concerns related to this information do not hesitate to contact me or the Director of Human Resources at 706-821-2303. Sincerely, Name: ________________________________________________________ Receipt acknowledged: __________________________ Date: __________ Request for Admin Review or Appeal (Form HR-ER V) Any regular employee in the Classified Service recommended for a written reprimand, performance improvement plan, suspension without pay, demotion, or termination has a right to Administrative Review by the Director of Human Resources or the Administrator (depending on the level of discipline). This request must be submitted to the Director of Human Resources in writing within five (5) working days of receiving notice of the recommended action. Employee Name_________________________ Employee ID #________________________ Employee Title______________________ Date of Hire_______________ Department No.__________________ Department Name: ____________________ Department Head___________________________ Supervisor_______________________ Date of Incident _________ Nature of Incident_________________________________ I am appealing the following disciplinary action (place an “X” in the appropriate box): Suspension without Pay ( ) Demotion ( ) Termination ( ) REASONS FOR THE ADMINISTRATIVE REVIEW INSTRUCTIONS: Please state exactly what happened to cause the disciplinary action, when it happened, who was involved and what policy, law, or contract clause you allegedly violated, and reason(s) you believe that the action taken against you by management was not justified (print or type): Note: You may attach additional documents or continue your written request on additional pages, but you must number and sign/date each additional page. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ____________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________ Employee Signature: _______________________________Date_______________________ Received by (Human Resources Department): ______________________________________________________________________________ Human Resources Signature:______________________________Date_____________________ Was request filed within five (5) workdays of receipt of the disciplinary action? Yes_____ No_____ If the employee’s administrative review request was not received by the Human Resources Director within five (5) working days of receipt of the disciplinary action, it is untimely and will not be processed. In this event, please sign below, copy and return the original of the appeal to the employee: ______________________________________________________________________________ Human Resources Department Date Original to employee Departmental file Human Resources employee file (NOTICE OF FINAL DECISIONS) (Form HR-ER VI) VIA CERTIFIED MAIL/RECEIPT REQUESTED Current Date: Employees Name: Street Address City, State, Zip Code RE: Final Decision: Dear Mr./Mrs./Ms: (Employees last Name) An administrative review was conducted on ____(Date)___________for violation of Augusta, Georgia Policies and Procedures: State violations as stated: After considering all of the facts, I am in agreement with the Department Director’s recommendation regarding the (Demotion, suspension, Termination) etc. In accordance with the policies and procedures of Augusta, Georgia this decision may be appealed in accordance with the procedures provided in the Employee Handbook. [Reference the sections in the handbook relevant to the type of decision rendered.] Sincerely, [Name], Human Resources Director cc: [Name], Administrator [Name], General Counsel [Department Director, Title] Table I Recommended Guidelines For Disciplinary Actions LEGEND: L = Letter of Warning S = Suspension W = Written Reprimand T = Termination Referenc e Infraction Category First Offens e Second Offens e Third Offens e Fourth Offens e IN-1 Disregard for or willful failure to follow the written instruction or direction of a supervisor or higher authority Insubordinatio n W S/T T IN-2 Abusive verbal conduct directed at a supervisor within the employee’s chain-of-command. Insubordinatio n W/S S/T T IN-3 Failure to work overtime, special hours, or special shifts or be on stand-by, as directed Insubordinatio n W-S S/T T ND-1 Violation of any Augusta, Georgia, department or division rule or directive Neglect of Duty L W S T ND-2 Inability to perform up to accepted work standards Neglect of Duty L W S T ND-3 Habitual tardiness, unscheduled absence (six (6) or more in a 180 day period), absenteeism, and/or abuse of leave privileges Neglect of Duty L W S T ND-4 Willful neglect in performance of duties Neglect of Duty W/S S/T T ND-5 Job abandonment for 3 consecutive scheduled workdays, or 2 consecutive 24-hour shifts. Neglect of Duty S/T T ND-6 Leaving the assigned work area during regular working hours without permission or until relieved. Neglect of Duty L W S T ND-7 Absence without approved leave, including failure to call in or report an absence to a supervisor the day the absence begins. Neglect of Duty W S T Referenc e Infraction Category First Offens e Second Offens e Third Offens e Fourth Offens e ND-8 Being identified as “at fault” in an accident or collision by the Safety Review Committee while the operator of Augusta, Georgia vehicle or piece of equipment. Neglect of Duty See SRC Penalty Matrix See SRC Penalty Matrix See SRC Penalty Matrix ND-9 Failure to maintain licenses, certifications and/or other professional credentials required for employment or failure to notify appropriate Augusta, Georgia officials of their loss, suspension, or revocation. Neglect of Duty S/T T ND-10 Suspension or revocation of Driver License or Commercial Driver License (CDL) if it is required for the performance of job duties. Neglect of Duty W/S/T S/T T ND-11 Willful or negligent violation of a safety policy, which results in property/equipment damage or personal injury. Neglect of Duty W/S/T S/T T ND-12 Violating a safety rule or practice or any conduct which could endanger a co-worker or member of the public. Neglect of Duty W/S/T S/T T ND-13 Operating, or directing the operation, of an Augusta, Georgia vehicle or equipment without proper qualifications or supervision. Neglect of Duty W S T ND-14 Failure to immediately report any on-the-job accident to a supervisor or member of the chain-of- command. Neglect of Duty W S T ND-15 Failure to report to the Department a subpoena or request for information from a law firm that relates to Augusta, Georgia business. Neglect of Duty L W S T ND-16 Possession or sale of alcohol or illicit drugs on Augusta, Georgia property (including vehicles). Neglect of Duty T Referenc e Infraction Category First Offens e Second Offens e Third Offens e Fourth Offens e ND-17 Working under the influence of alcohol or illicit drugs. Neglect of Duty T ND-18 Violation of traffic laws while operating Augusta, Georgia vehicle, i.e. speeding, running traffic control device, failure to yield, etc. Neglect of Duty L W S T ND-19 Motor Vehicle Record review with 10 points or more – impact on driving privileges Neglect of Duty T EV-1 Fraud, waste, and/or abuse of Augusta, Georgia property or time. Ethics Violation W/S/T S/T T EV-2 Falsification or misrepresentation of an official document or record. Ethics Violation W/S/T S/T T EV-3 Falsification or misrepresentation of any portion of a job application. Ethics Violation W/S/T S/T T EV-4 Violation of Augusta, Georgia policies relating to impartiality, use of public property, conflict of interest, disclosure or confidentiality. Ethics Violation W S T EV-5 Conviction of a felony, a misdemeanor conviction involving moral turpitude, or any misdemeanor while in the performance of Augusta, Georgia duties. Ethics Violation S/T T EV-6 Unauthorized possession of firearms, explosives, or weapons on Augusta property. Ethics Violation W/S/T S/T T EV-7 Unauthorized vending or solicitation on property or from Augusta, Georgia vehicle. Ethics Violation L W S T Referenc e Infraction Category First Offens e Second Offens e Third Offens e Fourth Offens e EV-8 Attempting to coerce or influence a member of the public, fellow employees, subordinates or supervisor with gifts, services, loans or other consideration OR receipt of a fee, gift, or valuable item when such is given or accepted in the expectation of receiving a favor or preferential treatment. Ethics Violation S T EV-9 Directing or permitting a subordinate to violate any rule, policy or regulation, whether explicit or condoned through inaction. Ethics Violation W/S S/T T EV-10 Engaging in any employment, activity or enterprise which is illegal, incompatible, or in technical conflict with the employee’s duties and responsibilities as Augusta, Georgia employee. Ethics Violation S/T T EV-11 Engaged in outside employment activity while using sick leave, worker’s compensation leave, or catastrophic leave. Ethics Violation T EV-12 Intentional destruction, theft or unauthorized removal of Augusta, Georgia property or assets for personal use. Ethics Violation W/S/T S/T T EV-13 Intentional destruction, theft (including stealing time) or unauthorized removal, possession or use of Augusta, Georgia property, tools or equipment without consent. Ethics Violation W/S/T S/T T EV-14 Violation of Augusta, Georgia’s discrimination and/or unlawful harassment policies. Ethics Violation W/S/T S/T T Referenc e Infraction Category First Offens e Second Offens e Third Offens e Fourth Offens e EV-15 Gross misconduct to include, but not limited to, physical violence, threats of physical violence or engaging in offensive conduct or language toward the public, supervisory personnel, or fellow employees. Ethics Violation S/T EV-16 Membership in any organization that advocates the overthrow of the Government of the United States by force or violence. Ethics Violation T EV-17 Misconduct which undermines supervisory authority, productivity, or morale. Ethics Violation W S T EV-18 Off duty conduct (e.g. conviction of a felony) which reflects very unfavorably upon the image and ethical standards of Augusta, Georgia as an employer. Ethics Violation W/S/T S/T T WE-1 Violation of Augusta, Georgia Internet Use Policies (e.g. social media, pornographic sites, etc.) Work Ethics Violation W/S/T S/T T WE-2 Violation of Augusta, Georgia Email Policies (e.g. Passing on inappropriate chain emails and non- work related content, etc.) and/or excessive personal email/web time. Work Ethics Violation W/S/T S/T T WE-3 Unauthorized use of Augusta, Georgia vehicles or equipment on or off-duty. Work Ethics Violation W S T EXHIBIT B REPLACE WITH: CHAPTER III. GRIEVANCES, DISCIPLINE, & APPEALS I. POLICY Section 300.000 POLICY SUMMARY This policy provides direction and authority to resolve employment related disputes. Each party shall seek guidance from the Human Resources Department regarding such disputes. Non Substance- Abuse Termination Substance Abuse Termination Suspensions/ Demotions Other Disputes Step 1 Departmental Supervisor/Manager X X X X Step 2 Department chain of command (if a manager who was not involved in the dispute within the Department is available to hear the dispute) X X X X Step 3 Administrator X X X Step 4 Personnel Board X 1.0 POLICY STATEMENT: A. General It is the policy of Augusta, Georgia to facilitate the fair, equitable and timely resolution of disputes arising from employment with Augusta, Georgia. The goal of the dispute resolution process is for the parties to the dispute to exchange and review information in order to determine whether revision or rescission is warranted of an employment action, corrective action, discharge or other end of employment, or other application of policy, (“covered employment dispute”). INTERNAL With all disputes an employee is encouraged initially to attempt to resolve the issue with his or her immediate supervisor with advice and counsel from the Human Resources Department, (Step 1), although this is not required and does not extend the deadline for filing a written complaint. Non-Substance Abuse Terminations Department Directors have the authority to make termination decisions for employees within their department. (Step 2). A decision rendered by a Department Director is final unless the employee timely appeals to the Administrator’s Office. Appeals to Administrator (Step 3) An employee who has been terminated may file an appeal to the Administrator within five (5) days after the date of the termination if he or she disputes the termination. The Administrator should render a decision on the appeal within ten (10) days from the date of the employee’s appeal to the Administrator. The Administrator may, but is not required to, meet with the employee and/or the Department Director prior to rendering a decision. If the Administrator upholds the termination decision, such decision is final unless the employee timely appeals to the Personnel Board (“Board”). The Administrator may reverse the termination decision or may reduce the termination to a lessor form of discipline. Appeals to the Board (Step 4) The Personnel Board will be composed of twelve (12) individuals, one appointee for each Commissioner and two (2) legislative delegation appointments. In order to be qualified to serve on the Board, an individual should have (but is not required to have) professional or academic experience in employment relations and cannot be an employee of the Augusta, Georgia government. An employee who is terminated for a non-substance abuse reason may file an appeal to the Board within five (5) days after the date of the decision of the Administrator upholding the termination. Within thirty (30) days from the date of the employee’s appeal to the Board, a hearing shall be scheduled. Once a hearing is scheduled, each party may request a continuance if appropriate, but no party can request more than two (2) continuances during the course of an appeal. The Board shall render a written decision, which sets forth evidentiary reasons for the decision, within five (5) business days of the close of the hearing. The decision of the Board shall be in writing which shall set forth the reasons for its decision regarding the dispute. All appeals to the Board shall be resolved within sixty (60) days from the date of the filing of the appeal. If the appeal is not resolved by the Personnel Board within sixty (60) days from the date of the filing of the appeal, the termination shall be upheld. The Board shall only have the authority to uphold the termination or to reverse it. When appearing before the Board, employees are responsible for any expenses incurred by them. The decision of the Personnel Board is the final step of the dispute process for non-substance abuse terminations. Substance Abuse Terminations If the Department Review does not resolve a substance abuse termination, employees terminated pursuant to the substance abuse policies may appeal to the Administrator's office (Step 3) who will have final internal authority to resolve the dispute. Step 4 does not apply to terminations resulting from violations of the substance abuse policies of Augusta, Georgia. Suspensions/Demotions If the Department Review does not resolve a suspension/demotion dispute it may be appealed to the Administrator's office who will have final internal authority to resolve the dispute (Step 3). Step 4 does not apply to suspension/demotion appeals. Other Disputes Other disputes within the scope of this policy (see Scope below) are to be resolved at the departmental level. If informal discussions cannot resolve a covered employment dispute that does not involve allegations of unlawful discrimination or harassment, it should be submitted to the employee's chain of command, to be addressed, in accordance with department procedure, by a manager(s) who was not involved in the dispute ("Department Review"). Steps 3 and 4 do not apply to disputes that do not involve termination, suspension or demotion. The final step for these disputes is with the Department Director. EXTERNAL Disputes that are not resolved through the Equal Employment Opportunity Complaint Resolution Procedures or at the Administrator’s Office or at the Personnel Board may be resolved in a court of law or through alternative dispute resolution. This Policy does not preclude an employee from filing an administrative complaint with a state or federal government agency. B. Retaliation An employee who files a complaint or participates in the complaint process shall not be retaliated against for such conduct. C. Scope 1. Disputes Within the Scope of this Policy A complaint is a written claim by an employee regarding a specific management action(s) that is alleged to have: a. adversely affected that employee’s existing terms and conditions of employment in a material way, and b. violated a provision of the Personnel Policies or Procedures or c. constituted unlawful discrimination or harassment 2. Disputes Outside the Scope of this Policy a. Concerns or inquiries regarding classification standards, benefits, salary rates for job titles, salary ranges for job classifications, or the contents of the personnel policies. These concerns or inquiries may be submitted to Human Resources for consideration. b. With the exception of a corrective salary decrease (which is within the scope of this policy), concerns or inquiries regarding an individual employee’s rate of pay or change in rate of pay, unless the employee’s complaint alleges that the action was taken for unlawful discriminatory or retaliatory reasons in violation of the Equal Employment Opportunity Policy. These concerns or inquiries may be submitted to Human Resources and/or the Office of Compliance for consideration. c. A request for review of a decision on the classification of a position. d. A management action taken pursuant to a policy or procedure, unless the complaint alleges that the action was taken violated the terms of the policy or procedure, or for unlawful discriminatory or retaliatory reasons. 2.0 COMPLIANCE RESPONSIBILITIES Human Resources is responsible for this policy and has the authority to implement the policy. The Human Resources Director may apply appropriate interpretations to administer and clarify the policy provided that the interpretations do not result in substantive changes to the underlying policy. 4.0 PROCEDURES TO IMPLEMENT POLICY Human Resources may develop procedures or other supplementary information to support the implementation of this policy. Such supporting documentation requires the approval of the Administrator. 5.0 APPLICABILITY This Policy is applicable to all regular full-time Augusta, Georgia employees except SES employees. 6.0 DEFINITIONS A. Unlawful discrimination - an employment decision made in whole or in part on a status protected by law or Augusta's Equal Employment Opportunity Policy. B. Unlawful Harassment - Unwelcome conduct involving any status protected by law or Augusta, Georgia's Equal Opportunity Policy which has the effect of unreasonably interfering with the terms and conditions of employment of an Augusta, Georgia employee. C. Termination dispute- A complaint by an employee that his or her employment with Augusta, Georgia was terminated unlawfully or in violation of Augusta, Georgia policy. D. Compliance Office - Monitors all activity to insure that no person will encounter unlawful discrimination and/or harassment in employment. E. Internal resolution – Attempts to resolve the dispute within the authority of Augusta, Georgia. Steps 1 through 4 of the Employee Appeals and Resolution Policy. F. External resolution – Independent agencies outside the jurisdiction of Augusta, Georgia. G. Covered Employment Dispute - Except as set forth in section 2.0, C 2, any employment action taken by Augusta, Georgia, including corrective action, discharge or other end of employment action, or other application of Augusta, Georgia's Personnel Policies and Procedures. H. Personnel Board (“Board”) - The Board will be composed of twelve (12) individuals, one appointee for each Commissioner and two (2) legislative delegation appointments. In order to be qualified to serve on the Board an individual should (but is not required to) have professional or academic experience in employment relations and not be an employee of the Augusta, Georgia government. I. Complaints - A complaint is a written claim by an employee regarding a specific management action (s) that is alleged to have: i. adversely affected that employee’s terms and conditions of employment in a material way, and ii. violated a provision of the Personnel Policies or Procedures or iii. constituted unlawful discrimination or harassment II. PROCEDURE Section 300.001 Objective It is the practice of Augusta, Georgia to: 1) Provide fair, equitable, and timely grievance procedures for all regular employees; 2) Facilitate free discussion of employment concerns between employees and supervisors to foster better understanding of administrative policies, procedures, and practices; 3) Promote reaching a fair and equitable decision and doing so in a climate of mutual understanding and objective fact-finding; and to 4) Assure that those who file grievances are not retaliated against. Section 300.002 Grievance Procedure Scope This grievance procedure applies to all regular full-time Augusta, Georgia employees except SES employees. Part-time employees, temporary employees, elected officials, contract employees and persons in Grant Funded positions are not covered. Augusta, Georgia reserves the right to depart from this grievance procedure in its sole discretion. All employees are employed at will, and both they and Augusta, Georgia may terminate the employment relationship at any time, with or without cause, without following any specific procedure. Section 300.003 Grievance Procedure Undertakings No punitive, discriminatory, adverse, or retaliatory action shall be taken against any employee on account of the filing of a grievance or an appeal unless such grievance or appeal is frivolous. Frivolous is defined as a grievance or appeal that is completely unsubstantiated or falsified. All employees involved in processing a grievance will work diligently to insure that all grievances are handled fairly and expeditiously and that all required deadlines are met. Every effort shall be made to resolve grievances at the lowest possible level in the Augusta, Georgia organization. Grievances shall be resolved by making decisions that are best for the organization and employees. Not every grievance will be resolved to the employee’s satisfaction, but each grievance will be investigated and the employee will receive a response. Department Directors shall be responsible for the administration of this grievance procedure in their respective departments. Section 300.004 Grievance Procedure Definitions A “grievance” is a disagreement regarding an interpretation and/or application of administrative rule, regulation, policy, plan or procedure which exists under the personnel administration system of Augusta, Georgia which an employee feels is unjust or unfair. A “working day” for this procedure is defined as any day of business between workings hours of 8:00 a.m. and 5:00 p.m. excluding Saturday, Sunday and Augusta, Georgia observed Holidays. Section 300.005 Exclusions from the Grievance Procedure 1) Disciplinary Actions (i.e. letter of warning, written warnings, PIPs, suspensions without pay, demotions, and terminations). 2) Complaints of Sexual Harassment (These allegations should be filed with and will be processed according to the Policies and Procedures established by the Commission for the Augusta, Georgia Equal Employment Office (EEO Office)). 3) Complaints of Discrimination (Allegations regarding discrimination based on race, age, sex, national origin, religion, veteran status and disability should be filed with and will be processed according to the Policies and Procedures established by the EEO Office). 4) Wage/compensation issues pertaining to pay or benefits; validity of established salary ranges of the current Augusta, Georgia pay plan; or salary, title, or duties and grade of a position or job evaluation. 5) Hours of work and work schedules or performance appraisals/ratings/performance standards. 6) Non-selection from a bona-fide referral list of qualified and/or highly qualified candidates provided to the selecting official from HR. Section 300.006 Grievance Procedure General Provisions Grievances may be initiated only by the employee concerned and may not be pursued without the affected employee’s consent. Repeated filing of grievances concerning the same issue which has been denied will not be considered. The employee filing a grievance may, at any step in the procedure, request the assistance from the HR Department or from an advisor/advocate of his or her choosing. If this advocate is a current employee, the advocate must obtain his or her supervisor’s permission to participate. The advocate can only present or prepare for the panel hearing during the advocate’s off-duty hours. Supervisors or Administrators hearing a grievance are urged to call upon the HR Director for advice of assistance in the appropriate interpretation of Augusta, Georgia rules and procedures. This procedure is normally intended for the use of individual employees. Should a number of employees file separate grievances on the same matter, such grievances may be combined. A final determination on the combined grievance shall be binding on all such similar grievances, and a copy of the final determination shall be provided to all complainants. Any grievance shall be considered resolved at the completion of any step if all parties are satisfied or if neither party appeals the matter to the next step of the procedure with the prescribed period. Section 300.007 Presenting a Grievance Grievances must be presented, in writing, to the appropriate supervisor/manager in the chain-of- command within ten (10) working days from the date of the act or from the date the employee became aware of the occurrence. Grievances submitted after this time are untimely and will not be considered. Grievances must be submitted on the grievance form prescribed by the HR Director for this purpose. If the supervisor does not comply with the time limits within a step of the procedure, the employee filing the grievance may proceed to the next level of review. A supervisor who is not responsive to the time limits set forth in this procedure maybe subject to disciplinary action. Failure of the grievant to comply with established time limits shall constitute abandonment of the grievance and an exhaustion of such employee’s administrative remedies as to the issue grieved. Since it is important that grievances be resolved as rapidly as possible, time limits, as set forth in the previous paragraphs, shall be considered a maximum and efforts shall be made to expedite the process. If either party wishes to extend any time limit at any step a request for extension should be made in writing to the Department Director, indicating justification for the request at least twenty-four (24) hours prior to the deadline established for the various steps. Section 300.008 Grievance Process Step One: Immediate Supervisor Augusta, Georgia’s position is that issues are best resolved when there is open communication between employees and supervisors. It is the responsibility of any employee who believes that he/she has a bona-fide grievance to promptly discuss the issue with his or her immediate supervisor and attempt to resolve the matter at this level. It is recommended that the employee verbally express the suggested solution. The immediate supervisor shall give an oral response to the employee. Every reasonable effort shall be made to resolve the problem at this step. If the employee is not satisfied with a supervisor’s oral response, or chooses to bypass this step, then the employee may proceed to step two. Step Two: Chain of Command The employee shall complete a written Employee Grievance Form and submit it to the immediate supervisor within five (5) working days of the event that gave rise to the grievance or when the employee first became aware of the issue. Upon receipt of a written grievance, the immediate supervisor shall consult with their immediate supervisor (if appropriate) and immediately forward a copy of the grievance to the Department Director. If there are other supervisory levels between the immediate supervisor and the Department Director, (i.e. field supervisor, assistant director, etc.) these levels should participate in resolving the grievance at this Step since the next step is the Department Director. The immediate supervisor and other supervisors in the employee’s chain of command shall enter their joint comments on the Employee Grievance Form and return it to the employee within five (5) working days of receipt of the grievance by the employee’s immediate supervisor. Where a grievance concerns the conduct of the immediate supervisor, the next supervisor in the chain of command may choose to respond at this step. If the written response of the immediate supervisor and/or other supervisors does not satisfy the complainant, the employee may proceed to the next level by presenting the grievance to the Department Director within five (5) working days of receiving the step two response. Step Three: Department Director Upon receipt of a timely submitted step two exhausted grievance, the Department Director will conduct whatever investigation they deem necessary as part of their review of the grievance. Within ten (10) working days of having received the written grievance, the Department Director shall submit a written response to the complainant. A copy of the response shall also be provided to the supervisors in the employee’s chain of command at the Department level and to the HR Director. If the Department Director’s response is not acceptable to the complainant, the complainant may request that the Administrator (or appropriate designee) review the grievance through a request to the HR Director. Such a request must be made on the Employee Grievance Form, within five (5) working days after the employee receives the Department Director’s response. Step Four: Administrative Review Upon receipt of a timely submitted step three exhausted grievance, the HR Director will investigate the grievance and recommend a solution to the Administrator. The HR Director will have ten (10) business to provide a recommendation to the Administrator. The Administrator may accept the HR Director’s recommendations, conduct his or her own investigation, and/or hold an Administrative Review hearing. The Administrator or his or her designee will present a final decision within ten (10) working days of receipt of the grievance from the HR Director. The Administrator’s decision is final. Section 300.009 Grievance Witnesses The grievant and the department may call witnesses to testify at a grievance hearing. Falsifying a statement is considered “serious misconduct” and may result in the employee’s suspension or separation from employment. Section 300.010 Grievance Documentation Once a grievance submitted to the Administrator has been resolved, all documentation associated with the grievance will be forwarded to the Human Resources Department. Although grievance documentation is part of the employees’ records, the documentation will be maintained in a file separate from the employee’s official personnel file in the HR Department. Section 300.011 Discipline Framework Purpose: To establish a uniform, fair, and standardized means by which Augusta, Georgia may administer a program of disciplinary procedures and guidelines. Guidelines: 1) Disciplinary action may be taken against an employee when a rule of Augusta, Georgia or the Department is violated, when work performance is not satisfactory, when counter-productive or inappropriate behavior is exhibited, or violation of lawful orders, work rules/standards, organizational Standard Operating Procedures (SOPs), administrative rules, organizational policies and procedures, ordinances, and/or statutes. A discipline program should exhibit promptness, impartiality, consistency, and fairness, where employees know what to expect as the result of certain behaviors on the job (See Guidelines for Disciplinary Actions- Table I). 2) Augusta, Georgia generally follows a policy of progressive discipline. The purpose of a progressive disciplinary procedure is to give the employee adequate notice and opportunity to correct any deficiencies, and its focus is on prevention of future violations rather than on punishment. The disciplinary action taken is normally to be the least serious action needed to prevent future instances of inappropriate behavior. If inappropriate behavior continues, the employee can expect further and more serious discipline. This procedure does not restrict the imposition of a suspension, demotion, or termination in matters that are outside the progressive discipline policy. Augusta, Georgia reserves the right to depart from this discipline procedure in its sole discretion. All employees are employed at will, and both they and Augusta, Georgia may terminate the employment relationship at any time, with or without cause, without following any specific procedure. Types of Discipline: The types of disciplinary action, in order of their severity, are: B. Informal Discipline 1) Letter of Warning A Letter of Warning is a type of informal disciplinary action and may be used to admonish an employee for committing a minor violation. It is often used when verbal counseling, admonishments, on the job training, and/or guidance has failed to provide the necessary corrective action. The “Notice of Warning Letter” (See Form HR-ER 1) provides documentation that the counseling occurred, outlining the shortcomings or violations and then offering recommendations for improvement. Informal discipline documentation is maintained at the department level. Informal disciplinary actions are not subject to the grievance or appeals processes. Thus, decisions made by Department Directors with regard to informal disciplinary actions are final with no right of appeal. C. Formal Discipline 1) Written Reprimand A Written Reprimand is an admonishment given to the employee in writing, and is always placed in the official personnel file in Human Resources. This form of discipline is more serious than a Letter of Warning, but less serious than a suspension. A Written Reprimand often serves as the type of discipline given for a repeated offense of minor violations or for the first offense of a moderately serious infraction. The “Notice of Written Reprimand” (See Form HR-ER II) will be completed by the Department Director and forwarded to Human Resources for inclusion in the employee’s official personnel file. If a Letter of Warning or any other relevant disciplinary actions has been issued previously, a copy may be attached as supporting documentation. The letter of Written Reprimand may be used to support further disciplinary actions for a period no longer than three (3) years from the date of receipt. Decisions made by Department Directors with regard to written reprimands are final with no right of appeal. 2) Performance Improvement Plans The Performance Improvement Plan (PIP) is designed to facilitate constructive discussion between a staff member and his or her supervisor and to clarify the work performance to be improved. It is implemented, at the discretion of the supervisor and Department Director, when it becomes necessary to help a staff member improve his or her performance. A PIP will be conducted for period of ninety (90) days and must be approved by the Department Director. If an employee shows improvement but not enough that the employee meets the status of “satisfactory”, the PIP may be extended for a period of ninety (90) days within a one (1) year cycle for a total of no more than two (2) PIP plans. If an employee does not show improvement after the initial PIP or does not meet the status of “satisfactory” after two (2) PIPs, the Department Director should demote or terminate the employee. A PIP may be used in conjunction with any other form of discipline. Decisions made by Department Directors with regard to performance improvement plans are final with no right of appeal. 3) Suspension Without Pay A suspension is the most severe form of discipline, short of demotion or termination, and involves time off without pay. It is used when a written reprimand has not corrected the inappropriate behavior or when an offense is more serious than that warranting a reprimand. A suspension may last from one (1) to thirty (30) days depending on the seriousness of the infraction. Any suspension shall utilize the “Notice of Disciplinary Action” form (Form HR-ER III) and must be approved by the Department Director, or equivalent, prior to issuance to the employee. A copy will be processed through the HR Director. The decision maker with regard to all suspensions without pay is the Department Director, but such decisions can be appealed to the Administrator. 4) Demotion With a Pay Reduction Performance-Based Demotion An involuntary demotion may occur based on poor performance and is appropriate where: a. The employee’s inability to perform current job duties has been demonstrated and documented in the employee’s record through one or more PIPs; b. The employee’s record is otherwise satisfactory and no other active rule violations exist, e.g. attendance, punctuality, etc.; c. The employee is qualified for the lower grade or alternative position; d. The employee has the ability, is qualified, and a vacancy exists, the employee may be demoted to another position which may be in a lower pay grade or transferred to another job within the employee’s functional unit; and e. The Department director has provided final approval for a demotion. If an employee has been promoted or transferred in the last year and the employee is not performing at a level expected in the new job, then the employee may request to return to the previous job or a job similar to the previous job and their salary will return to what it was prior to the promotion or transfer. The availability of such a job may depend upon mitigating circumstances, such as whether the job has already been filled within the same department. Augusta, Georgia will assist the employee in finding a suitable job that corresponds to their experience, skills, and knowledge. Should the job previously held by the employee be filled and no other comparable position exists, the employee will be placed on lay-off status until a comparable position may be found. However, if within six (6) months a comparable position is not found the employee will be placed on permanent lay-off status. Performance-Based Demotions with pay reductions may be considered in cases where moving the person out of their current position is more appropriate than termination. Conduct-Based Demotions An involuntary demotion may also occur based on poor or unacceptable conduct. With this type of demotion, a Performance Improvement plan is not necessary or required. a. Unacceptable personal conduct violations are outlined in the violations and recommended disciplinary actions in Table I. These conduct violations may include but are not limited to: personal conduct that disrupts work or the work environment, jeopardizes the safety of persons or property, or creates other serious disruptions in the workforce. b. There are circumstances in which unacceptable or bad conduct could warrant imposing disciplinary action that is more severe than suspension but less severe than termination. An acceptable alternative disciplinary action for this type of conduct can be demotion in lieu of termination. Provided the employee is qualified, a funded vacancy exists, and the Department Director believes that demotion would be a more appropriate disciplinary action than termination; the employee may be involuntarily demoted to another position which may be in a lower pay grade or transferred to another job within the employee’s functional unit. In either case the demotion in pay and/or grade would require a minimum ten percent (10%) reduction in base pay. The decision maker with regard to all demotions is the Department Director, but such decisions can be appealed to the Administrator. 5) Termination Termination from employment is the most severe form of discipline. It is normally used when an employee has violated the substance abuse policy or has been disciplined repeatedly and commits yet another infraction. It may also be used when the employee has committed any infraction that falls outside progressive discipline, regardless of disciplinary history. The decision maker with regard to all terminations is the Department Director, but such decisions can be appealed to the Administrator and, for non-substance abuse terminations, there is a second appeal to the Personnel Board. Section 300.012 Discipline Guidelines and Procedure 1) An employee for whom formal disciplinary action (i.e. written reprimand, PIP, suspension, demotion, or termination) is being considered may, when possible, be allowed notice prior to imposition of such action by the use of the “Notice of Disciplinary Action” form. The employee will have five (5) working days in which to respond in writing or orally to the Department Director explaining why the action should not be taken. Failure to respond within that period will not delay administering of the disciplinary action. 2) Suspensions (for any reason), terminations, and demotions are permanent actions and will be retained in the official personnel file indefinitely. 3) Any disciplinary action recommending a suspension, demotion, or termination must be in writing and must be approved by the Department Director prior to disciplinary action being imposed. 4) An effective discipline program is characterized by the uniform application of rules and regulations. Generally, like offenses should result in similar disciplinary actions. At the same time, the supervisor administering the discipline may consider additional factors such as years of service and internal consistency. 5) It is recognized that similar offenses may result in different disciplinary actions, depending on work history, circumstances, and the severity of the offense. For example, an employee who is charged with “absence without approved leave” (AWOL) for a two-week absence may be terminated while an employee who is charged with AWOL for a two-hour absence may only receive a one-day suspension. Both employees are charged with the same offense, but receive different disciplinary actions. 6) Other factors that may influence the severity of disciplinary action include, but are not limited to, the following: the length of the employee’s service, the quality of the employee’s service, the cost involved, and the cooperation of the employee in the investigation of the specific incident. Ensuring that disciplinary actions are administered in a fair, consistent, and non-discriminatory manner is the responsibility of the Department Director, the HR Director and the Administrator. 7) An employee may not be punished more than once for the same offense by any other management official of Augusta, Georgia. Previous offenses may, however, be taken into account when considering future discipline. Disciplinary actions by law enforcement or any other outside agency does not prohibit Augusta, Georgia from also taking disciplinary action. For example, if an employee is issued a citation by law enforcement during the investigation of an “at fault” accident, this does not prohibit Augusta, Georgia from imposing disciplinary action as well. 8) In determining the proper level of disciplinary action, which would be suitable to a particular offense, refer to the “Guidelines for Disciplinary Actions”. This Table of Guidelines (Table I) provides examples of misconduct but may not be all-inclusive. Augusta, Georgia has the right to discipline an employee for offenses not specifically listed. If an act or violation is of a very serious nature, intermediate levels of progressive discipline may be bypassed with more severe penalties imposed. 9) In addition to a thorough narrative with any supporting evidence as necessary, supporting the reason(s) for the charges or offense in question, the Department Director should cite any applicable “Violation Reference” code found on the table of guidelines. (HR-ER Form). More than one reference may be cited in making record of the disciplinary action. The specific action or punishment to be taken is at the discretion of the Department Director; particularly egregious violations may bypass the progressive discipline process. Note: The Personnel Board shall consider only appeals of employees as it relates to non- substance abuse terminations. Section 300.013 Review and Approval Process 1) When initiating discipline, the Supervisor shall notify the employee (Notice of Pending Disciplinary Action” form) that formal disciplinary action, i.e. suspension, demotion, or termination, is being considered. This notification shall provide facts and a description of the alleged infraction(s) and the consequences under consideration. The Formal Discipline Submitter (Step 1) Approver (Step 2) Time to Appeal (Step 3) 1st Appeal (Step 3) Time to Appeal 2nd Appeal (Step 4) Written Reprimand Supervisor/ Manager Department Director None None None None PIP Supervisor/ Manager Department Directors None None None None Suspension Supervisor/ Manager Department Director 5 days Administrator None None Demotion Supervisor/ Manager Department Director 5 days Administrator None None Termination (Non- substance abuse) Supervisor/ Manager Department Director 5 days Administrator 5 days Personnel Board Termination (Substance Abuse) Supervisor/ Manager Department Director 5 days Administrator None None employee shall be given five (5) working days in which to provide a written response to the Department Director, with a copy to HR, showing cause as to why disciplinary action should not be taken. 2) When a regular employee is charged with misconduct that serves as a basis for termination or demotion, the Department Director may (but is not required to) place the employee on up to three (3) days Administrative Leave with pay. The administrative leave will be unpaid if the employee is otherwise unavailable to perform his or her job duties or if unpaid Administrative Leave is approved by the HR Director. 3) Infractions of a serious nature may require prompt action, not allowing for advance notification. Any written communication from the employee will permanently accompany the relevant disciplinary action. 4) The Department Director must coordinate with the HR Director to assure procedural compliance prior to issuance of any proposed or final decision. Within ten (10) business of receipt of the employee’s written response, the Department Director will decide and issue the disposition in the matter using the “Notice of Decision Form HR- ER IV.” 5) Upon receipt, the employee should sign and date a “Receipt Acknowledged” of Notice of Decision. A copy of all documentation associated with the case will be furnished by the Department Director to the HR Department for filing in the official Personnel File. Section 300.014 Appeal of Approved Discipline 1) In order to remain timely, the request from the employee for an Appeal to the Administrator or Personnel Board, must be written, signed and filed in the HR Department within five (5) business days of the employee receiving notice of the Decision by the Department Director or appeal decision by the Administrator. The effect of an employee’s failure to request an Appeal within this five (5) day period constitutes a waiver of their right to appeal the action or decision and a failure on their part to exhaust their administrative remedies. In such instances, the decision made by the Department Director (or Administrator) shall become a final Decision which is not appealable. 2) If an employee chooses to appeal a Decision made by the Department Director to the Administrator, a written statement by the employee specifically referencing the suspension, demotion, or termination and providing their reasons, to include any relevant documentation, for recommending the disciplinary action be overturned, shall be forwarded to the HR Director. The HR Director will review the documents for timeliness and completeness and, if a timely appeal is made, shall forward a copy of the request to the next appeal level within five (5) business days of receiving the request. Section 300.015 Appeals to the Administrator 1) The employee shall have five (5) business days from notification of the Decision of the Department Director to file a written appeal to the Administrator. The written appeal shall contain a short descriptive statement containing the reasons the appealing party believes the Department Director’s decision should be overruled. 2) Within five (5) business days of filing a timely appeal to the Administrator, the Human Resources Department shall deliver the complete discipline file to the Administrator. 3) The Administrator shall review the discipline file and render a written decision and within ten (10) business days of the delivery of the file. After reviewing the discipline file, the Administrator may, but is not required to, meet with the employee and/or the Department Director prior to rendering a decision on an appeal. The Administrator may uphold, overturn, or modify the decision of the Department Director at his or her discretion. If the Administrator upholds a termination decision, he or she shall provide written statement supporting the decision. Section 300.016 Appeals to the Personnel Board: Non-Substance Abuse Terminations Only Note: Only full-time regular employees may appeal Terminations. SES and Probationary employees may not appeal to the Personnel Board. 1) The employee shall have five (5) business days to appeal the decision of the Administrator to the Personnel Board upon receiving notification of a final decision. 2) Upon receipt by the HR Director of a timely written request for appeal of termination by the employee, Human Resources will, within ten (10) working days, submit all documentation, including a statement of charges, to the Personnel Board. 3) At its next scheduled meeting, or at a special called meeting, the Personnel Board will hold an open hearing and receive evidence in relation to the Appeal in accordance with the bylaws of the Personnel Board. 4) The employee or agents of the employee may not contact or have discussions with any member of the Personnel Board regarding the Employee’s hearing, the facts surrounding the hearing, or the Employee’s character outside the confines of the hearing while the Employee’s appeal is pending. The employee’s failure to comply with this regulation will result in the Employee’s appeal being denied and the decision of the Department Director being upheld. 5) If an employee wishes to have an attorney present at the Personnel Board hearing, said employee must inform the HR Director of such intention at least forty-eight (48) hours prior to the hearing. The HR Director may seek legal representation from the Law Department in any Personnel Board Hearing irrespective of whether the employee has requested an attorney or not. 6) If an employee desires to request a continuance of a scheduled hearing, the employee must provide at least forty-eight (48) hours’ notice of the need to reschedule. Failure to provide adequate notice will result in the hearing to proceeding as scheduled. Decisions regarding whether to allow for a continuance shall be made by the Chairperson of the Board. If an employee fails to attend the scheduled open hearing, the employee’s appeal will be denied and the decision of the Administrator will be upheld. 7) Within five (5) business days of the hearing, a written decision will be rendered by the Personnel Board. Such decision shall contain a descriptive statement by the Chairman of the Personnel Board describing the reasons the Board rendered its decision. The HR Department will notify the employee in writing of the decision of the Personnel Board. Section 300.017 Personnel Board By-Laws (A) Purpose. The purpose of these bylaws is to establish uniform procedures for the conduct of hearing and meeting of the Augusta, Georgia Personnel Board (hereinafter “Personnel Board” or “Board”). (B) General Provisions. 1) An employee who is terminated for a non-substance abuse reason may file an appeal to the Board within five (5) days after the date of the decision of the Administrator upholding the termination. Within thirty (30) days from the date of the employee’s appeal to the Board, a hearing shall be scheduled by the Board Chairman. 2) Notice of Hearing. All appeals to the Personnel Board shall be resolved within sixty (60) days from the date of the filing of the appeal. If the appeal is not resolved by the Personnel Board within sixty (60) days from the date of the filing of the appeal, the termination shall be upheld. The Chairperson of the Board shall designate an appropriate time and place to conduct the hearing and shall so notify all parties in writing. Such notification should be mailed or served at least five (5) calendar days in advance of the date set for the hearing. The Personnel Board will review the charges and information provided by the Department Director and shall consider the written statement provided by the Administrator in upholding the termination. At its next scheduled meeting, or at a special called meeting, the Board will hold an open hearing and receive any additional evidence in relation to the Appeal. The Chairperson of the Board, or a majority vote of the Board, shall have the authority to postpone or to continue a hearing (either in the Chairperson’s discretion, upon a motion by the Personnel Board or upon the motion of either party, orally or in writing). Once a hearing is scheduled, each party may request a continuance if appropriate, but no party can request more than two (2) continuances during the course of an appeal. 3) Representation. Opportunity shall be afforded both parties to represent themselves or to be represented by an attorney licensed to practice law in the State of Georgia. All arrangements for providing legal counsel shall be the responsibility of the party desiring such representation. An employee intending to have representation shall inform the Director of Human Resources and the Department Director of such intentions at least 48 hours prior to the scheduled date of such hearing. 4) Pre-Hearing Conference. The Chairperson of the Personnel Board may arrange a pre- hearing conference for the purpose of reviewing the matter being appealed and establishing stipulations to expedite the hearing. 5) Witnesses. a. The appellant or the Department Director (or his or her designee) may request the attendance of employees or other persons as witnesses when their testimony will aid in establishing the facts in the case. Employees appearing as witnesses shall be released from duty without loss of pay or time and without effect on their service rating. However, the Personnel Board does not have subpoena powers to compel a witness’s attendance. b. No person shall directly or indirectly use, or threaten to use, any official authority or other influence which would tend to discourage any other person from testifying. c. Each party shall provide the opposing party a witness list at least three (3) business days in advance of a scheduled Personnel Board hearing. A party seeking to have a witness testify that is not on their witness list may only do so with the consent of the opposing party. 6) Record of Hearing. A recording shall be made of all hearings; however, such recording will not be transcribed unless the Personnel Board decision is appealed in accordance with applicable law; or a transcript is requested by the Personnel Board or the Administrator. In addition to the recording of the hearing, or a transcription thereof, all documents entered into the record during the hearing shall be made part of the official record of the hearing. It shall be the responsibility of the clerk of the Personnel Board to compile the official record of the hearing and, upon the filing of an appeal of the Personnel Board’s decision, to have such record certified by the Chairperson of the Personnel Board. (C) Hearing Process. 1) Role of the Board. The Personnel Board shall have the authority to do the following in connection with any hearing: a. To administer oaths and affirmations; b. Regulate the course of the hearing; c. Set the time and place for continued hearings and pre-hearing conferences; d. Reprimand or exclude from the hearing any person for any indecorous or improper conduct committed in the presence of the Personnel Board; e. To make informal disposition of any case by stipulation, agreed settlement, consent order or default, unless such disposition is precluded by law; f. To render a decision as to issues properly presented to the Personnel Board; and g. To file Answers to Writs of Certiorari properly filed in the Superior Court of Richmond County. 2) Attendance at the Hearing. Any hearing at which the Personnel Board receives evidence or hears arguments on appeals of terminations shall be open to the public in accordance with Georgia Open Meetings Law. Witnesses may, however, be sequestered at the discretion of the Board. 3) Evidence. With respect to all hearings before the Personnel Board: a. Irrelevant, immaterial or unduly repetitious evidence shall be excluded. The rules of evidence as applied to the trial of civil non-jury cases in the Superior Courts of Georgia shall be followed. Evidence not admissible there under may be admitted if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. The Personnel Board shall give effect to the rule of privilege recognized by law; b. Objections to evidentiary offers may be made and shall be noted in the record; c. When a hearing will be expedited and the interest of the parties will not be prejudiced substantially, any part of the evidence may be received in written form; d. Documentary evidence may be received in the form of copies of excerpts if the original is not readily available; and e. The Department Director may proceed with the presentation of evidence first. 4) Conduct of Hearings. In the hearing of an appeal, the proceeding shall be informal but orderly. The following procedure shall prevail: a. The Chairperson of the Board shall open the hearing by explaining the procedure to be followed in the hearing. b. Witness shall be sworn in and at the discretion of the Chairperson any or all witnesses may be sequestered; c. The Chairperson shall read or cause to be read the charges and specifications of the issues to be determined by the Personnel Board; d. The facts not in dispute may be stipulated; e. Each party shall be given an opportunity to make a brief opening statement identifying the issues and indicating what is to be proven. The Department Director shall present their opening statement first followed by the employee; f. The Department Director will begin its presentation of evidence followed by the employee; g. All witnesses shall testify under oath or affirmation. The employee and the Department Director may call witnesses to testify at a grievance hearing. Falsifying a statement is considered as “serious misconduct” and may result in the employee’s suspension or separation from employment; h. Each party may conduct such cross examination as shall be required for a full and true disclosure of the facts. In addition, the Personnel Board members may examine the witnesses; i. Before closing the hearing, the Chairperson may allow both parties the opportunity to make brief oral or written closing statements. The employee may present his or her closing statement first; j. At any point during the hearing, of his/her own accord or at the request of either party, the Chairperson may grant a fifteen (15) minute recess to allow the parties engage in confidential settlement negotiations. This initial fifteen (15) minute recess may be extended by the Chairperson if both parties signify that progress is being made in the settlement negotiations. k. The Board shall render a written decision, which sets forth evidentiary reasons for the decision, within five (5) business days of the close of the hearing. The decision of the Board shall be in writing which shall set forth the reasons for its decision regarding the dispute. Should the Board fail to overrule the termination decision, the termination shall stand. If the termination decision is reversed by the Personnel Board and no timely appeal to Superior Court is filed, the employee shall be “made whole” by being reinstated as an employee and provided back pay. l. The Human Resources Director will notify the employee in writing of the final decision of the Personnel Board and will be responsible for implementation of the decision rendered by the Board. (5) Time Limitations. In the hearing of an appeal, the parties are subjected to the following time limitations in the presentation of their cases and such time will be monitored by the clerk of the Personnel Board. a. Opening Statements. Each party shall have a maximum of five (5) minutes to make an opening statement. b. Presentation of Evidence. Each party shall have an initial time period of thirty (30) minutes to present evidence in support of their case. A party may be granted one or more extensions of time in fifteen (15) minute increments, upon motion and good cause shown, to complete presentation of evidence in support of their case. c. Closing Statements. Each party shall have a maximum of five (5) minutes to make a closing statement. 1) Section 300.018 Appeals from the Personnel Board to Superior Court 1) Should an employee or the Augusta, Georgia Commission disagree with the Personnel Board’s decision, either may file an appeal to Richmond County Superior Court in accordance with the laws of the State of Georgia. 2) In the event that an appeal to Superior Court is filed, it shall be the responsibility of the HR Director to ensure that a certified copy of the complete record is submitted to Superior Court in accordance with Georgia law and the Personnel Board Bylaws. 3) The Chairperson of the Personnel Board Shall Answer any Writ of Certiorari to the Superior Court of Richmond County for decisions made by the Personnel Board. Section 300.019 Guidelines for Disciplinary Actions LEGEND: L = Letter of Warning S = Suspension W = Written Reprimand T = Termination Reference Infraction Category First Offense Second Offense Third Offense Fourth Offense IN-1 Disregard for or willful failure to follow the written instruction or direction of a supervisor or higher authority Insubordination W S/T T IN-2 Abusive verbal conduct directed at a supervisor within the employee’s chain- of-command. Insubordination W/S S/T T IN-3 Failure to work overtime, special hours, or special shifts or be on stand-by, as directed Insubordination W/S S/T T ND-1 Violation of any Augusta, Georgia, department or division rule or directive Neglect of Duty L/W/S W/S/T S/T T ND-2 Inability to perform up to accepted work standards Neglect of Duty L W S T ND-3 Habitual tardiness, unscheduled absence (six (6) or more in a 180 day period), absenteeism, and/or abuse of leave privileges Neglect of Duty L W S T ND-4 Willful neglect in performance of duties Neglect of Duty W/S S/T T ND-5 Job abandonment for 3 consecutive scheduled workdays, or 2 consecutive 24-hour shifts. Neglect of Duty S/T T ND-6 Leaving the assigned work area during regular working hours without permission or until relieved. Neglect of Duty L W S T Reference Infraction Category First Offense Second Offense Third Offense Fourth Offense ND-7 Absence without approved leave, including failure to call in or report an absence to a supervisor the day the absence begins. Neglect of Duty W S T ND-8 Being identified as “at fault” in an accident or collision by the Safety Review Committee while the operator of Augusta, Georgia vehicle or piece of equipment. Neglect of Duty See SRC Penalty Matrix See SRC Penalty Matrix See SRC Penalty Matrix ND-9 Failure to maintain licenses, certifications and/or other professional credentials required for employment or failure to notify appropriate Augusta, Georgia officials of their loss, suspension, or revocation. Neglect of Duty S/T T ND-10 Suspension or revocation of Driver License or Commercial Driver License (CDL) if it is required for the performance of job duties. Neglect of Duty W/S/T S/T T ND-11 Willful or negligent violation of a safety policy or procedure, which results in property/equipment damage or personal injury. Neglect of Duty W/S/T S/T T ND-12 Violating a safety rule or practice or any conduct which could endanger a co-worker or member of the public. Neglect of Duty W/S/T S/T T ND-13 Operating, or directing the operation, of an Augusta, Georgia vehicle or equipment without proper qualifications or supervision. Neglect of Duty W S T ND-14 Failure to immediately report any on- the-job accident to a supervisor or member of the chain-of-command. Neglect of Duty W S T ND-15 Failure to report to the Department a subpoena or request for information from a law firm that relates to Augusta, Georgia business. Neglect of Duty S/T T ND-16 Possession or sale of alcohol or illicit drugs on Augusta, Georgia property (including vehicles). Neglect of Duty S/T Reference Infraction Category First Offense Second Offense Third Offense Fourth Offense ND-17 Working under the influence of alcohol or illicit drugs. Neglect of Duty S/T ND-18 Violation of traffic laws while operating Augusta, Georgia vehicle, i.e. speeding, running traffic control device, failure to yield, etc. Neglect of Duty L W S T ND-19 Motor Vehicle Record review with 10 points or more – impact on driving privileges Neglect of Duty T EV-1 Fraud, waste, and/or abuse of Augusta, Georgia property or time. Ethics Violation W/S/T S/T T EV-2 Falsification or misrepresentation of an official document or record. Ethics Violation W/S/T S/T T EV-3 Falsification or misrepresentation of any portion of a job application. Ethics Violation W/S/T S/T T EV-4 Violation of Augusta, Georgia policies relating to impartiality, use of public property, conflict of interest, disclosure or confidentiality. Ethics Violation W S T EV-5 Conviction of a felony, a misdemeanor conviction involving moral turpitude, or any misdemeanor while in the performance of Augusta, Georgia duties. Ethics Violation S/T T EV-6 Unauthorized possession of firearms, explosives, or weapons on Augusta property. Ethics Violation W/S/T S/T T EV-7 Unauthorized vending or solicitation on property or from Augusta, Georgia vehicle. Ethics Violation L W S T Reference Infraction Category First Offense Second Offense Third Offense Fourth Offense EV-8 Attempting to coerce or influence a member of the public, fellow employees, subordinates or supervisor with gifts, services, loans or other consideration OR receipt of a fee, gift, or valuable item when such is given or accepted in the expectation of receiving a favor or preferential treatment. Ethics Violation S T EV-9 Directing or permitting a subordinate to violate any rule, policy, procedure or regulation, whether explicit or condoned through inaction. Ethics Violation W/S S/T T EV-10 Engaging in any employment, activity or enterprise which is illegal, incompatible, or in technical conflict with the employee’s duties and responsibilities as Augusta, Georgia employee. Ethics Violation S/T T EV-11 Engaged in outside employment activity while using sick leave, worker’s compensation leave, or catastrophic leave. Ethics Violation T EV-12 Intentional destruction, theft or unauthorized removal of Augusta, Georgia property or assets for personal use. Ethics Violation W/S/T S/T T EV-13 Intentional destruction, theft (including stealing time) or unauthorized removal, possession or use of Augusta, Georgia property, tools or equipment without consent. Ethics Violation W/S/T S/T T EV-14 Violation of Augusta, Georgia’s discrimination and/or unlawful harassment policies. Ethics Violation W/S/T S/T T EV-15 Gross misconduct to include, but not limited to, physical violence, threats of physical violence or engaging in offensive conduct or language toward the public, supervisory personnel, or fellow employees. Ethics Violation S/T EV-16 Membership in any organization that advocates the overthrow of the Government of the United States by force or violence. Ethics Violation T Reference Infraction Category First Offense Second Offense Third Offense Fourth Offense EV-17 Misconduct which undermines supervisory authority, productivity, or morale. Ethics Violation W S T EV-18 Off duty conduct (e.g. conviction of a felony) which reflects very unfavorably upon the image and ethical standards of Augusta, Georgia as an employer. Ethics Violation W/S/T S/T T WE-1 Violation of Augusta, Georgia Internet Use Policies (e.g. social media, pornographic sites, etc.) Work Ethics Violation W/S/T S/T T WE-2 Violation of Augusta, Georgia Email Policies (e.g. Passing on inappropriate chain emails and non-work related content, etc.) and/or excessive personal email/web time. Work Ethics Violation W/S/T S/T T WE-3 Unauthorized use of Augusta, Georgia vehicles or equipment on or off-duty. Work Ethics Violation W S T Notice of Letter of Warning (Form HR-ER I) Employee________________________ Job Title_______________________________ Date Hire_________________________ Supervisor___________________________ Job Title_______________________________ Department__________________________ Date of Incident______________________ I. Explanation ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ II. The following corrective action is expected of the employee: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ VI. Future infraction(s) may result in: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Signatures _____________________________________________ Employee Date I acknowledge receipt of this document. _____________________________________________ Supervisor Date Notice of Disciplinary Action Form (Form HR-ER II) Written Reprimand Employee________________________ Job Title_______________________________ Date Hire_________________________ Supervisor___________________________ Job Title_______________________________ Department__________________________ Date of Incident______________________ I. Disciplinary action is being taken for the following reason(s) (include dates(s) of infraction and violation of stated policy or procedure): ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ____________________________ II. Explanation (include dates and explanation of previous relevant discussions and/or discipline): ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ___________________________________ III. The following corrective action is expected of the employee: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ___________________________________ IV. Future infraction(s) may result in: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ___________________________________ EMPLOYEE COMMENTS (To be completed by employee.) _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ Signatures _____________________________________________ Employee Date I acknowledge receipt of this document and I understand that a copy of this document will be placed in my official Personnel File in Human Resources. _____________________________________________ Supervisor Date Distribution of copies: Original to employee Departmental file Human Resources employee file Notice of Disciplinary Action (Form HR-ER III) (Suspension/Demotion) Current Date: Employees Name: Street Address City, State, Zip Code RE: Notice of Disciplinary Action – Decision to Suspend Without Pay: Dear Mr./Mrs./Ms: (Employees last Name) This letter is to inform you that effective (date and time) you have been placed on suspension for ( ) days. This is due to your violation of Augusta, Georgia Policies. State violations: Please be advised that in accordance with the Augusta, Georgia Appeal Procedures, you have the right to file an appeal to the Administrator. Your request for an appeal must be submitted to the Director of Human Resources in writing within five (5) working days, of receipt of this letter. If you have, any additional, questions or concerns related to this information do not hesitate to contact me or the Director of Human Resources at 706-821-2303. Sincerely, Name_____________________________________________________ Department Director Employee: __________________________ Date:__________ I acknowledge receipt of this document and I understand that a copy of this document will be placed in my official Personnel File in Human Resources. Notice of Administrative Review For Proposed Disciplinary Action- (Termination, Demotion, Suspension) (Form HR-ER IV) Current Date: Employees Name: Street Address City, State, Zip Code RE: Notice of Proposed Disciplinary Action – Termination: Dear Mr./Mrs./Ms: (Employees last Name) This letter is to inform you that effective (date and time) you have been recommended for Termination (Demotion, Suspension). This is due to your violation of Augusta, Georgia Policies. State violations: If you disagree with this proposed disciplinary action, you may request that I conduct an administrative review of this request where you will be provided the opportunity to explain why you believe you should not be Terminated (Demoted, Suspended). To request an administrative review of this recommendation, you must submit a written request to me within five (5) days of receipt of this letter. Should you not agree with my decision following the administrative review, you have the right to appeal to the Administrator (and the Personnel Board for non-substance abuse terminations). If you have, any additional, questions or concerns related to this information do not hesitate to contact me or the Director of Human Resources at 706-821-2303. Sincerely, Name: ________________________________________________________ Department Director Employee: __________________________ Date: __________ I acknowledge receipt of this document and I understand that a copy of this document will be placed in my official Personnel File in Human Resources cc: HR Director Notice of Disciplinary Action- Termination (Form HR-ER V) Current Date: Employees Name: Street Address City, State, Zip Code RE: Termination: Dear Mr./Mrs./Ms: (Employees last Name) This letter is to inform you that effective (date and time) you have been terminated from employment. This is due to your violation of Augusta, Georgia Policies. State violations: If you disagree with this decision you may appeal to the Administrator. To appeal this decision, you must submit a written request to the HR Director. Your request for appeal must be received by the HR Department within five (5) business days of receipt of this letter. Failure to submit an appeal will result in the termination decision being upheld. Should the Administrator uphold the termination, you have the right to appeal to the Personnel Board (for non-substance abuse terminations). For your appeal to be timely, it must be provided to the HR Director within five (5) days of receipt of the written notification of the Administrator’s decision. If you have, any additional, questions or concerns related to this information do not hesitate to contact me or the Director of Human Resources at 706-821-2303. Sincerely, Name: ________________________________________________________ Department Director Employee: __________________________ Date: __________ I acknowledge receipt of this document and I understand that a copy of this document will be placed in my official Personnel File in Human Resources. cc: [Name], Administrator [Name], General Counsel [HR Director, Title] Request for Appeal (Form HR-ER VI) Any regular employee in the Classified Service suspended without pay, demoted, or terminated has a right to appeal such decision to the Administrator. For non-substance abuse terminations there is also a right to appeal from the Administrator’s decision to the Personnel Board. A request to appeal a decision must be submitted to the Director of Human Resources in writing within five (5) working days of receiving notice of the action. Employee Name_________________________ Employee ID #________________________ Employee Title______________________ Date of Hire_______________ Department No.__________________ Department Name: ____________________ Department Director___________________________ Supervisor_______________________ Date of Incident _________ Nature of Incident_________________________________ I am appealing the following disciplinary action (place an “X” in the appropriate box): Suspension without Pay ( ) Demotion ( ) Termination ( ) REASONS FOR APPEAL INSTRUCTIONS: Please state exactly what happened to cause the disciplinary action, when it happened, who was involved and what policy, procedure, law, or contract clause you allegedly violated, and reason(s) you believe that the action taken against you by management was not justified (print or type): Note: You may attach additional documents or continue your written request on additional pages, but you must number and sign/date each additional page. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Employee Signature: _______________________________Date_______________________ Received by (Human Resources Department): ______________________________________________________________________________ Human Resources Signature:______________________________Date_____________________ Was request filed within five (5) business of receipt of the disciplinary decision? Yes_____ No_____ If the employee’s administrative review request was not received by the Human Resources Director within five (5) working days of receipt of the disciplinary decision, it is untimely and will not be processed. In this event, please sign below, copy and return the original of the appeal to the employee: ______________________________________________________________________________ Human Resources Department Date Original to Human Resources employee file Copy to Administrator Copy to Department Director Copy to employee Commission Meeting Agenda 9/4/2018 2:00 PM Greater Augusta Joint Development Authority Department: Department: Caption:Motion to consider establishing a Greater Augusta Joint Development Authority between Augusta Richmond County, Burke County, and Columbia County. (No recommendation from Administrative Services Committee August 28, 2018) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo BYLAWS OF THE GREATER AUGUSTA JOINT DEVELOPMENT AUTHORITY ARTICLE I ORGANIZATION OF THE JOINT DEVELOPMENT AUTHORITY 1.1 Status. The Greater Augusta Joint Development Authority (the "Authority") is a public body corporate and politic, created in and for Burke County, Columbia County and Augusta, Georgia (the "Participating Jurisdictions"). The Authority is authorized under O.C.G.A. Section 36-62-1, et seq. (the "Development Authorities Law"), particularly O.C.G.A. Section 36-62-5.1, and has been created and activated as a joint development authority thereunder by concurrent resolutions of the goveming bodies of Burke County, Columbia County and Augusta, Georgia. 1.2 Name. The Authority is named the "Greater Augusta Joint Development Authority." 1.3 Activatine Resolution. The concurrent resolutions of the Participating Jurisdictions referred to above, together with all subsequent amendments thereof ur" sometimes referred to collectively in these bylaws as the "Activating Resolution." It shall be the duty of the Secretary of the Authority to place a copy of the Activating Resolution in the Authority's minute book, and these bylaws shall be subject to the ActivatingResolution. ARTICLE II PURPOSES AND POWERS 2.1 General Pumoses. The general purposes and powers of the Authority have been determined by the General Assembly of Georgia and are set forth in the Development Authorities Law. 2.2 Restriction on Operation. Pursuant to Section 4 of the Activating Resolution, acopy of which is attached as Schedule 2.2. hereto and incorporated herein by reference, theAuthority shall refrain from issuing any revenue bonds or promissory notes. Without limitation, by their resolution adopting these bylaws, the members of the Authority on its behalf expressly join in and agree to be bound by the intergovemmental agreement contained in said Section 4 as provided in Section 5 of the Activating Resolution 2.3 Particular Purposes. Without limitation of Section 2.1, above. but subject to Section 2.2, above, the Authority shall have the following particular purposes: (a) to develop and promote for the public good and general welfare trade,corlmerce, industry and employment opportunities of the Participating Jurisdictions in accordance with the Development Authorities Law; (b) to encourage cooperation among economic development organizations with the Participating Jurisdictions; and 47716034v.3 (c) to exercise all of the powers granted to a joint development authority pursuant to the provisions of the Development Authorities Law. 2.4 Requirements Apolicable to Joint County Development Authorities. The Authority shall comply with the provisions of O.C.G.A. Section 36-62-5.|(eXl), part of the Development Authorities Law, which specifies that a joint authority created by two or more contiguous counties, (a) must be an active bona fide joint authority; O) must have a board of directors; (c) must meet at least quarterlyi and (d) must develop an operational business plan ARTICLE III OFFICES AND PLACES OF MEETINGS 3.1 Principal Office. The Authority shall have a principal office located at Georgia . The designation by the Authority of a principal office is intended, among other things, to identiff the location of the Authority for purposes of o.c.G.A. section 36-82-7s,part of the Revenue Bond Law. 3.2 Additional Offices. The Authority may have such other offices at such additional locations within its area of operations as the Authority may deem appropriate. 3.3 Regular Meeting Place. The principal office shall be considered a regular meeting place of the Authority. ARTICLE IV DIRECTORS 4.1 General. The Authority shall have a Board of Directors which shall consist of members qualified and appointed, and serving such terms, as provided in the Activating Resolution. 4.2 Ouarterly and Special Meetings. Regular quarterly meetings of the members oftheboardofdirectors(eacha..Director,')shallbeheld,Bto regular meeting place of the Authority. One such quarterly meeting, so designated each year by the Authority, shall be considered its annual meeting. At said annual meeting, the Directors shall adopt an annual budget for the Authority's fiscal year and shall elect officers and shall consider such other matters as shall be brought properly before them. Special meetings of theDirectors shall be held when called by the Chairman of the Authority, the Vice-Chairman of the Authority acting in place of the Chairman, or a majority of the Directors at such dates and times as he, she or they reasonably shall fix, at a regular meeting place of the Authority determined by him, her or them. 4.3 Notice. Notice of each meeting shall be gtven to each Director of the Authoritypersonally, in writing, by mail, facsimile or email, or by telephone by whomever shall call themeeting or by the Secretary of the Authority at the direction of whomever shall call themeeting. Notice shall set forth the date, time and place of the meeting and, if for a specialmeeting, also shall set forth the purpose or business to be transacted at the meeting. Noticeshall be given as much in advance of the meeting as shall be reasonable under the circumstances and as shall be required by law. 47716034v.3 4.4 Waiver of Notice. Attendance of a Director at a meeting of the Directors shall constitute a waiver of notice of such meeting and a waiver of any and all objections to the date, time and place of the meeting or the manner in which it has been called or convened, except when a Director shall attend the meeting solely for the purpose of stating, at the beginning of the meeting, any such objection to the transaction of business. 4.5 Open and Public Meetines. All meetings of the Authority shall be conducted as required by Georgia's "Open Meetings" law, codified as O.C.G.A. Section 50-14-1 et seq. (the "Open Meetings Law"), and all provisions of these bylaws shall be subject thereto. The designation by the Authority of a scheduled regular meeting place pursuant to Section 3.3, above, is intended to facilitate satisfaction of the requirernents of the Open Meetings Law pertaining to a regular place of meetings. 4.6 Attendance: Ouorum: Vote Reouired for Action. At all meetings of the Directors, the presence of a majority of the Directors eligible to vote shall be necessary and sufficient to constifute a quorum for the transaction of business. However, no action may be taken by the Directors without the affirmative vote of a majority of the full mernbership of the Directors. Provided, however at least one Director from each Participating Jurisdiction shall be present and participating in the meeting at the time of vote. 4.7 Presiding Officer. The Chairman of the Authority, or in his or her absence, the Vice-Chairman of the Authority, shall preside at all meetings of the Directors and may appoint such assistants as he or she shall deem appropriate. 4.8 Minutes. At each meeting of the Directors, the Secretary (or, if there is no Secretary, such person as the Chairman may appoint) shall take attendance, count and retain ballots, if any, cast by the Directors, and record the acts and proceedings in written minutes. A copy of the minutes shall be glven to each Director as soon as possible after the meeting and in any case, not less than five (5) days prior to the next meeting of the Directors. The minutes shall be read at the next meeting of the Directors and upon approval by the Authority, shall become the official minutes of the Authority. The Directors shall have the right to waive the reading of the minutes. The Authority shall also comply with any additional requirements of the Open Meetings Law pertaining to its minutes. 4.9 Postponement: Adjoumment. If a quorum does not exist, a majority of the Directors present may postpone any meeting to another date, time or place, subject to all requirements of these bylaws and of the Open Meetings Law. ARTICLE V OFFICERS 5.1 Procedure. (a) The Authority shall have a Chairman, a Vice-Chairman, a Secretary and a Treasurer or a Secretary-Treasurer. The officers shall be elected by the Authority at its annual meeting. The Chairman and the Vice-Chairman shall be members of theAuthority; the Secretary and the Treasurer (or the Secretary-Treasurer, as applicable) or 47716034v.3 an Assistant Secretary may, but need not, be a member of the Authority. If the Authority has a Secretary-Treasurer, references in these bylaws to the Secretary or Treasurer shall be deerned references to the Secretary-Treasurer. (b) All officers who are members of the Authority shall serve for a term of one (l) year and until their successors are elected and have been qualified; all officers who are not members of the Authority shall serve for such term as may be determined by the Authority and until their successors are elected and have qualified. Other than serving as Secretary-Treasurer, members of the Authority shall not hold more than one office. (c) Each Director shall have one vote. Any Director may abstain from voting as to any particular matter. Any officer who is not a Director shall have no voting rights. (d) A vacancy in the oflice of Chairman, Vice-Chairman, Secretary or Treasurer (or Secretary-Treasurer, as applicable) shall be filled for the unexpired portion of the term by the Authority. 5.2 Standard of Conduct. The provisions of O.C.G.A. Section 45-10-3 shall apply toall Directors of the Authority, and a Director of the Authority shall not engage h ;y transaction with the Authority. The provisions of paragraph (9) of O.C.G.A. Section 45-10-3 and the preceding sentence shall be deemed to have been complied with and the Authority may purchase from, sell to, borrow from, loan to, contract with, or otherwise deal with any Diiector or member or any organization or person with which any Director or member of the Authority is in any way interested or involved, provided (1) that any interest or involvernent by sucirDirector or mernber is disclosed in advance to the Directors or members of the Authorityand is recorded in the minutes of the Authority, (2) that any interest or involvement by such Director with a value in excess of $200.00 per calendar quarter is published by the Authority one timein the legal organ in which notices of sheriffs' sales are published in each county affected by such interest, at least 30 days in advance of consummating such transaction, (:) tt ut "oDirector having a substantial interest or involvement may be present at that portion of anAuthority meeting during which discussion of any matter is conducted involving any such organization or person, and (4) that no Director having a substantial interest or involvement may participate in any decision of the Authority relating to any matter involving such organization or person. As used in this Section, a "substantial interest or involvement" means any interest or involvernent which reasonably may be expected to result in a direct financial benefit to such Director or member as determined by the Authority, which determination shall be final and not subject to review. Nothing contained in this Section or in O.C.G.A. Section 45-10-3 shall be deemed to prohibit any Director who is present at any meeting or who participates in any decision of the Authority from providing legal services in connection with any of the undertakings of the Authority or from being paid for such services. 5.3 Rernoval. Any officer may be removed from office by vote of the Directors in accordance with Section 4.6, above, at a meeting with respect to which notice of such purpose has been glven, for failure to adhere to the foregoing standard of conduct, or for conviction ofany felony or misdemeanor which involves an act of dishonesty or moral turpitude, including, but not limited to, the following: taking of a false oath, making a false report, bribery, p"rj"ry, burglary, larceny, theft, robbery, extortion, forgery, counterieiting, fraudulent conceal;e;, 47716034v-3 ernbezzletrent, fraudulent conversion, or misappropriation of funds. Removal of an officerfrom such position shall not affect his status as a Director, if he is a Director. 5.4 Chairman. The Chairman of the Authority shall be the chief executive officer of the Authority and shall have general and active management responsibility for the business and affairs of the Authority and in that capacity shall have the followlng po*"i. and duties: (a) to preside when present at all meetings of the Directors of the Authority; O) to see that all orders, resolutions and other actions of the Authority are carried into effect; (c) to execute in the name of the Authority all written instruments of every kind and character which the Authority or the law has authorized him to execute; (d) to appoint the mernbership and the chair of each committee of the Directors of the Authority; (e) Authority; to be ex officio a mernber of each committee of the Directors of the (0 to report to the Authority from time to time all matters within its knowledge that should be brought to its attention in its best interests; and (g) to have such other powers and to perform such other duties as are incident to the office of Chairman and as may be prescribed by these bylaws, the Authority or the law. 5.5 Vice-Chairman. The Vice-Chairman of the Authority shall have the powers and shall perform the duties of the Chairman, whenever the Chairman, by reason of absence or disability, is unable to act and whenever the Chairman or the Authority so directs that he or she do so. He or she shall also have such powers and shall also perform such duties as may be prescribed by these bylaws, the Authority or the Development Authorities Law. 5.6 Secretar-v. The Secretary of the Authority shall have the following powers and duties: (a) to be the custodian of the books, records and seal of the Authority; O) to maintain a current list of the names, addresses and telephone numbers of the Directors, the officers, the Executive Director and legal counsel; (c) to affix and attest the seal of the Authority to such documents as theAuthority may direct or that the law may require; (d) to give such notice of meetings of the Directors as shall be directed by whomever is calling the meetings; and 47'716034v.3 (e) to have such other powers and to perform such other duties as are incident to the office of Secretary and as may be prescribed by these bylaws, the Authority or the law. 5.7 Treasurer. The Treasurer of the Authority shall be the chief financial officer of the Authority and in that capacity shall have the following powers and duties: (a) to deposit or cause to be deposited in the name of the Authority, all monies, securities and other valuable effects, in such banks, trust companies or other depositories as shall, from time to time, be designated by the Authority; (b) to keep accurate lists and descriptions of all accounts, properties and business transactions of the Authority; (c) to receive and give receipts for monies due and payable to the Authority from any source whatever; (d) to make or cause to be made such disbursements as the Authority may direct and to see to the proper drafting of all checks, drafts, notes and orders for the payment of money as required in the business of the Authority and as the Authority may direct; (e) to render to the Chairman and to the Directors, whenever they reasonably may request it, an account of all business transacted by him on behalf of the Authority and a financial statement in form reasonably satisfactory to them, showing the financial condition of the Authority as of whatever date they reasonably may request; and (D to have such other powers and to perform such other duties as are incident to the office of Treasurer and as may be prescribed by these bylaws, the Authority or the law. 5.8 Executive Director. The Authority may hire or appoint an Executive Director who shall be an agent and employee of the Authority with duties and responsibilities similar to those of a corporate chief operating officer. Any such Executive Director shall have general and active management responsibility for the day-to-day business and aflairs of the eutnority and in that capacity, subject to the direction, supervision and control of the Authority and in accordance with policies, schedules, forms and other guidelines formulated, approved and adopted by the Authority, shall have the following powers and duties: (a) to plan and supervise the promotion, operation and maintenance of day-to- day business and affairs of the Authority and its land, facilities, equipment and servicls; (b) employees; to hire, pay, promote, train, direct, supervise, control and discharge (c) to participate in the negotiation, preparation of and execution of contractsfor (i) the hiring of employees, (ii) the purchase of supplies and materials necessary forthe promotion, operation and maintenance of the Authority and its land, facilities, 47716034v.3 equipment and services, and (iii) the use of the land facilities, equipment and services of the Authority; (d) to approve and to forward to the Treasurer for payment all bills for supplies and materials necessary for the promotion, operation and maintenance of the Authority and its land, facilities, equipment and services; (e) to direct the disbursement of salaries to all employees under his direction, supervision and control; (0 to coordinate promotion, operation and maintenance activities with the persons responsible for the promotion, operation and maintenance of Authority property; (g) to communicate with and to coordinate activities with all the tenants and other users of the land, facilities, equipment and services of the Authority; (h) to plan and administer the budget for the Authority; (i) to review requests for the use of the Authority and its land, facilities, equipment and services and to make recommendations to the Authority in connection therewith; CI) To conduct himself at all times in his capacity as Executive Director in such a way as to effectuate the purposes of the Authority and in such a way as to be in the best interests of the Authority; (k) to conduct the general correspondence of the Authority; and (l) to have such other powers and to perform such other duties as may be prescribed by the Authority. 5.9 Delesation of Duties. The Authority may delegate the duties of one officer to another officer for any reason that the Authority may deem appropriate. ARTICLE VI NON-MEMBER OFFICERS, AGENTS AND EMPLOYEES 6.1 General. All non-member officers, agents and employees of the Authority shall serve at the pleasure of the Authority and shall receive such compensation and adhere to such conditions of employment as the Authority shall fix or as shall be fixed in any employment agreement entered into by and between the relevant person and the Authority. ARTICLE VII FISCAL YEAR 7.1 General. The fiscal year of the Authority shall be same as the fiscal year for 47716034v.3 ARTICLE VIII SEAL 8.1 General. The seal of the Authority shall be in such form as the Authority mayfrom time to time deem appropriate. The seal shall be affixed manually or by lithograph oiother means of imprinting by the Secretary of the Authority or by such other officer as shall be authorized by the Authority and shall be attested by the Secretary of the Authority. "fiH',Sil"ffi,9.1 General. The Authority shall have the power to amend, alter or repeal these bylaws or adopt new bylaws. 47716034v.3 SCHEDULE 2.2 ACTIVATING RESOLUTION 9 47716034v.3 RESOLUTION OF THE BOARD OF COMMISSIONERS OF BURI(E COUNTY, GEORGIA, TIrE BOARD OF COMMISSIONERS OF COLUMBIA COUNTY, GEORGIA AND THE AUGUSTA-RICHMOND COUNTY COMMISSION CREATING AND ACTIVATING THE "GREATER AUGUSTA JOINT DEVELOPMENT AUTHORITY,,; PROYIDING FOR THE MEMBERSHIP OF THE AUTHORITY; APPOINTING INITIAL MEMBERS OF TIIE AUTHORITY; PROVIDING FOR THE MEMBERS, TERMS OF OFFICE; PROVIDING A RESTRICTION ON THE OPERATION OF THE AUTHORITY AI\D RELATEI) MATTERS WHEREAS, O.C.G.A. Section 36-62-5.1 authorizes one or more counties and one or more municipalities, by concurrent resolutions of their respective local governing bodies, to create and activate a joint development authority; and WHEREAS, this Resolution is being presented for adoption by the Board of Commissioners of Burke County, Georgia, the Board of Commissioners of Columbia County, Georgia and the Augusta-Richmond County Commission, and shall become ef[ective when adopted by each ofsuch governing bodies. NOW, THEREFORE, BE IT RESOLVED, that: Section 1. CREATION OF JOINT AUTHORITY. It is hereby declared that there is a need for a joint development authority to function in the unincorporated and incorporated areasof Burke County, Columbia County and Augusta, Georgia, which are herein called "Participating Jurisdictions." Pursuant to the provisions of O.C.G.A. Section 36-62-5.1, such joint development authority is hereby created and activated. Such joint development authority shall be known as the "Greater Augusta Joint Development Authority " (the "Authority"). The Authority shall, on and subject to the terms and conditions of this Resolution, transact business pursuant to, and exercise the powers provided by, the provisions of, the Development Authorities Law, codified in the Official Code of Georgia Annotated Title 36, Chapter 62, as the same now exists and as it may be hereafter amended. Section 2. MEMBERS. (a) The number of members of the Authority shall be six (6). (b) The number of members to be appointed by each Participating Jurisdiction is two (2). (c) The following persons have been, and are hereby, appointed by the respective Participating Jurisdictions as shown beside their names below, as the initial members of the Authority, to serve for terms beginning with the creation of the Authority and continuing for a term expiring on the specified expiration date: 4'7715759v.4 NAME EXPIRATIONDATE APPOINTING PARTICIPATING JIruSDICTION .-,20- .-,20- ._,20- ._,20- .-,20- .-,20- Burke County Burke County Columbia County Columbia County Augusta, Georgia Augusta, Georgia (d) After expiration of the terms of the initial members of the Authority, the terms of office of the members of the Authority shall be terms of four (4) calendar years. Subsequent appointments to fill the position represented by each initial mernber shall be made by the Participating Jurisdiction that appointed such initial mernber. (e) The Participating Jurisdictions hereby agree among themselves regarding the appointment of the initial and subsequent mernbers of the Authority that each Participating Jurisdiction, shall appoint (and has appointed, as to the initial members), (l) as one of its two appointees, that person who at the time of the appointment is the Chairman of the Participating Jurisdiction's lead countywide development authority (or another member of such development authority designated by such Chairman), and (2) as its other appointee, that person who at the time of the appointment is the Executive Director or President of such countywide development authority. (0 If, at the end of the term of any member of the Authority, a successor to such member has not been appointed, the member whose term of office has expired shall continue to hold office until his or her successor is appointed, which appointment shall be for the balance of the term being filled. If a vacancy occurs in the case of any member, the Participating Jurisdiction that appointed such member shall appoint a successor to serve for the balance of the term being filled, in accordance with subsection (e), above. (g) The residency requirements for the members of the Authority are that each must be a taxpayer residing in one of the Participating Jurisdictions and, in the case of a member who was appointed under clause (1) of subsection (e), above, such Participating Jurisdiction must be the appointing Participating Jurisdiction. (h) The mernbers of the Authority shall constitute its board of directors. Section 3. OFFICERS. The directors shall elect officers in accordance with the Development Authorities Law. Section 4. RESTRICTION ON OPERATION. The Participating Jurisdictions agree that the Authority shall refrain from issuing any revenue bonds or promissory notes, and the 47715759v.4 Authority shall so refrain. The foregoing shall constitute an intergovernmental agreernent as provided in Section 5, below. Section 5. INTERGOVERNMENTAL AGREEMENT. The agreements of the Participating Jurisdictions contained in Section 2(e) and Section 4 of this Resolution are intended to be an intergovemmental agreement between the Participating Jurisdictions, and among thon and the Authority upon its creation, pursuant to Article IX, Section III, Paragraph I(a) of the Georgia Constitution, and upon its creation the members of the Authority shall by resolution expressly join in and be bound by such agreement. The term of such intergovernmental agreement shall expire fifty (50) years from the effective date of this Resolution, or upon the dissolution of this Authority, whichever first occurs. Section 6. FILING WITH SECRETARY OF STATE. A copy of this Resolution shall be filed with the Secretary of State of Georgia. Section 7. COUNTERPARTS. This Resolution may be executed by the Participating Jurisdictions in multiple counterparts, but the same shall be considered one document. Section 8. EFFECTM DATE. This Resolution shall become effective on the date of its adoption by the last of the goveming bodies of the Participating Jurisdictions to adopt the sflme. lthe remainder of this page left intentionally blank - signatures begin on next pageJ 47715'759v.4 Passed and Adopted by the Board of Commissioners of Burke County, this _ day of 2018. Chairman Board of Commissioners Burke County, Georgia ATTEST: Clerk, Board of Commissioners, Burke County, Georgia APPROVED AS TO FORM: County Attomey Burke County, Georgia [signatures continued on nert pageJ 47715759v.4 Passed and Adopted by the Board of Commissioners of Columbia County, this _ day of 2018. Chairman Board of Commissioners Columbia County, Georgia ATTEST: Clerk, Board of Commissioners, Columbia County, Georgia APPROVED AS TO FORM: County Attomey Columbia County, Georgia [signatures continued on nert pageJ Passed and Adopted by the Augusta-Richmond County Commission, this _ day of 201 8. Mayor Augusta, Georgia ATTEST: Clerk, Augusta-Richmond County Commission APPROVED AS TO FORM: Augusta, Georgia Attomey 47715'759v.4 CLERK'S CERTIFICATE I, the undersigned Clerk of the Board of Commissioners of Burke County, keeper of the records and seal thereof, hereby certify that the foregoing is a true and correct copy of a resolution adopted by the Board of Commissioners of Burke County creating and activating the "Greater Augusta Joint Development Authority ," and containing provisions relating to the members and directors of the Authority, in a public meeting assembled on 2018, an original of which resolution has been entered in the official records of said County under my supervision and is in my official possession, custody and control. Clerk of Board of Commissioners of Burke County lsEALI 47715759v.4 CLERI('S CERTIFICATE I, the undersigned Clerk of the Board of Commissioners of Columbia County, keeper of the records and seal thereof, hereby certify that the foregoing is a true and correct copy of a resolution adopted by the Board of Commissioners of Columbia County creating and activating the "Greater Augusta Joint Development Authority," and containing provisions relating to the members and directors of the Authority, in a public meeting assembled on 2018, an original of which resolution has been entered in the official records of said County under my supervision and is in my official possession, custody and control. Clerk of Board of Commissioners of Columbia County lsEAL] 477157 59v.4 CLERI('S CERTIFICATE I, the undersigned Clerk of the Augusta-Richmond County Commission, keeper of the records and seal thereof, hereby certify that the foregoing is a true and correct copy of a resolution adopted by the Augusta-Richmond County Commission creating and activating the "Greater Augusta Joint Development Authority" and containing provisions relating to the members and directors of the Authority, in a public meeting assernbled on 2018, an original of which resolution has been entered in the official records of said County Commission under my supervision and is in my official possession, custody and control. Clerk of the of Augusta-Richmond County Commission lsEALI 47715759v.4 From: Sent: To: Cc: Subject: Attachments: Commissioner Sammie Sias Thursday, August 23,2OLg 8:24 AM Lena Bonner Nancy Morawski; Natasha L. McFarley; Cal Wray; Henry Ingram Economic Development Authority Resolution bylaws jda v3 final.docx; Activating Resolution JDA v4 final.docx Ms Bonner, Please add this item to the Administrative Services Agenda for ZSAugusta 2018 "Motion to consider establishing a Greater Augusta Joint Development Authority" between Augusta Richmond County, Burke County, and Columbia County" Sammie L. Sias Commissioner, Augusta Richmond County "Foilure is not on Option" From: Commissioner Sammie Sias Sent: Wednesday, August 22,2OL8 7:30 AM To: Andrew G. Mackenzie Cc: Janice Allen Jackson; Mayor Hardie Davis, Jr. Subject: Fwd: [EXTERNAL] Fwd: Bylaws and Resolution Mr Mackenzie, Please review this proposal from the development authority for future three county joint ventures. proposal intends to address projects near or that cross county lines. Thank you. Commissioner Sias "Failure is not an Option" Sent from my iPhone Begin forwarded message: From: Cal Wray <cwrav@augustaeda.org> Date: August 2l,2OLB at7:37:28 pM EDT To: "SSias@augustaga.gov" <SSias@a ugustaga.gov> Subject: [EXTERNAL] Fwd: Bylaws and Resolution This Commissioner Sias, Here are the bylaws and enabling documents. Please let me know if you have any questions. Thank you for working with me on this. Cal Sent from my iPhone Begin forwarded message: From: <RHagler@fu lcherlaw.com> Date: August 3, 2018 at 1:47:00 PM EDT To: <cwray@augustaeda.org> Subject: RE: Bylaws and Resolution See attached Robert C. Hagler, Attorney Fulchcr Haglcr Ll.P Exchangelli'lenrier Message Security: Check Authenticity ExchangeDefender Message Security: Check Authenticitv [NOTICE: This message originated outside of the City of Augusta's mail system -- DO NOT CLICK on links, open attachments or respond to requests for information unless you are sure the content is safe.] Please consider the environment before printing this email. This e-mail contains confidential information and is intended only for the individual named. lf you are not lhe named addressee, you should not disseminate,distribute or copy this e-mail Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.The City of Augusta accepts no liability for the content of this e-mail or for the consequences of any actions talien on the basis of the information provided, unlessthat information is subsequently confirmed in writing. Any views or opinions presented in this e-mail are solely those of the author and do not necessarily representthose of the City of Augusta E-mail transmissions cannol be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost, desiroyed,arrive late or incomplete, or contain viruses. The sender therefore does not accept liability for any errors or omissions in the content of this message which arise asa resull of the e-mail transmission. lf verification is required, please request a hard copy version.AED:104 1 INTEROFFICE MEMORANDUM TO: ADMINISTRATIVE SERVICES COMMITTEE FROM: CAL WRAY, PRESIDENT, DEVELOPMENT AUTHORITY OF AUGUSTA, GEORGIA SUBJECT: GREATER AUGUSTA JOINT DEVELOPMENT AUTHORITY DATE: AUGUST 24, 2018 The Development Authority of Augusta, Georgia is asking you to review and recommend passage by the Full Commission of the creation of the Greater Augusta Joint Development Authority (“JDA”). This would be a partnership of the Development Authorities and County Commissions of Augusta, Burke, and Columbia. The intent is to establish a greater working partnership as we look at potential joint projects that can improve all three counties and the region. This joint development authority DOES NOT remove or lessen any current powers of the three local development authorities. The JDA also has no bonding authority which currently resides and will continue to reside at the sole discretion of the local development authorities. This JDA will be made up of a six-member board consisting of the Chairmen of the Development Authorities of Augusta, Burke, and Columbia (3) and the three Executive Directors (or Presidents) of the same authorities (3). Votes taken by the Authority will be binding by a majority vote of the whole membership; however, no action may be taken unless least one member from each participating jurisdiction is present and participating in the meeting. Meetings will take place quarterly unless more frequent meetings are necessary. This JDA is intended to create closer ties between the three counties and to explore potential joint projects that could improve all three communities. This could include Joint Industrial/Business Parks (Stanton Springs near Covington, Georgia is a good example), large projects in one county that are assisted by the other one/two based on sizeable job creation, etc. Further, any sizeable projects would need to be brought back before the three governing commissions if funding is needed and an intergovernmental agreement between two or even three counties for a project would be created specifically for a project. We understand, incidentally, that there may be legislative initiatives in the 2019 Session of the General Assembly that would provide new assistance and/or incentives for projects carried out by a joint development authority. Currently we are asking for no funding for this JDA as it will be covered by the existing budgets of the three local development authorities. I feel this regional approach will benefit all three counties and the region as we look to further the job growth, community growth, and our overall regional partnerships. Thank you for your consideration of the Development Authority of Augusta, Georgia’s request. 1 Excerpt – Administrative Services Committee – August 28, 2018 5. Consider establishing a Greater Augusta Joint Development Authority between Augusta Richmond County, Burke County and Columbia County. Mr. Sias: I put this on the agenda and this is in support of a concept of our Economic Development Authority in working with our neighboring partners or as we say contiguous counties that when they require or need to develop a property that benefits somebody who wants to come to this area, it may need to be a joint effort between these three counties or even somebody else in the future. So this is not something that is a jam thing or something that we need to spend a ton of money on but it’s an idea and opportunity to have a concept where we can work together. One thing I want to add to this is if we decide we want to move forward with this, I would like also to see us put a three-year sunset rule on it and that would also be that it could be extended within six months prior to ending so along with this motion I would like to add that to it as well and hear from Mr. Wray about the benefits that they can do this if that’s okay with you, Mr. Chair. Mr. M. Williams: I’ve got no problem with that. I’ve got a couple of questions and I did speak with him on the phone but we’ll go ahead and let Mr. Wray give us his analogy of what he wants us to understand. Mr. Wray: Two things I want to start with though is one is Chairman Henry Ingram was not able to be here today. He had a personal emergency with his mom. Two I want to say sorry to Commissioner Sias for his treatment in the media on Sunday. And I also want to assure the commissioners that during my work with Commissioner Sias on this retail project I asked him to have this added to the Commission agenda for committee and that is why it went to, straight to committee without it going to all the other commissioners. It was not his creation of bylaws or documents for no one else to see. He put it on the agenda for me at my request and I want everybody to be clear about that after what was written in the paper on Sunday. Now further than that let’s talk about this. So what we’re proposing is a joint development authority by Georgia statute between Columbia, Burke and Richmond counties. So they are our largest two partners with connecting county lines and if you also look at traffic patterns, the flow of our citizens between the three counties, those are the greatest flow. If you look at our industrial park of roughly 1800 acres in south Augusta, it’s near the Burke County line. They have an industrial park in northern Burke County that’s fairly close and if you look at the creation of Gate 6 at Fort Gordon, we’re right on the Columbia County line. So you see there are a lot of synergies there, there’s potential for shared utilities, even potentially shared industrial parks in the future. What I would like to see created is a greater working between the executive directors of the three individual authorities but also the chairmen of those authorities to see if we can help one another because any time any of the three counties locate projects of job creators, we’re improving all three counties. So how do we work together to support one another for greater job creation and greater growth in the region? A few things. There is no requested budget for this. We will handle it out of the three budgets of the three authorities so there is no fiscal note with this. It’s currently written in there a 50-year sunset so a three-year sunset I have no problem with so you guys can see value with it. But the main concept here is working closer together because of the growth of the region, but also the three economic developers in the region or really the five 2 economic developers in the region all know each other and work well together. So let’s pursue how we can work well together. And if there are any projects, they have to come back in front of those three commissions for any approval of intergovernmental agreements. So we’re not taking any authority away from the commission and we’re also not taking any authority away from the individual three county development authorities. Further than that we’re even limiting this joint development authority so it cannot issue bonds. So no bonding authority of this new authority and it does not take away any authorities of the individual development authorities. That’s kind of high level overview but I’m glad to answer any questions. Mr. M. Williams: Well, let me start off. You and I talked and I said I’ve got a problem with these authorities when you create an authority if you’re not careful then it’s out of the commission’s hands. With that said I’m looking at Columbia and Burke County along with Richmond County. And I’m trying to think of what other entity or whatever unit that Augusta and Richmond County, Columbia County and Burke County enter into prior to this one. Is there any other similar type? Mr. Wray: There is a Unified Development Authority which this body appoints two people to. That’s a 12 county joint authority but it’s more really for public information of a sharing what’s happens in those 12 authorities and they do two marketing events a year. It’s two and a half hours from tip to tip of that authority, really not the vehicle to help each other as you try to locate real job creation projects. Mr. M. Williams: And most people overlook this I guess is a good word but I thought about all the industry and cyber stuff that comes in. Even when people transition into Augusta with a job in Augusta, they have been ushered into Columbia County. I had it on this agenda, Donna, if you’re still here, I had it on the agenda to discuss how many salaries or how many department heads that lives outside of this county so I don’t see the partnership with the adjacent counties to help Augusta like Augusta’s been helping other counties. I’m not against this idea now but I’m just trying to figure out how would this work for Augusta more so than for the other neighboring counties. Now we’re all friends, I mean we understand Augusta is an old city, we’ve got an inner city and Columbia County don’t have that and they don’t understand how we’ve been struggling all these years with what we have because they ain’t got no projects, they ain’t got no back alleys, I mean they don’t have the stuff that Augusta’s been familiar with for 2,000 years. So I’m just trying to figure out how this is going to work and being the larger county, we’re going to have the same number of people and input that the smaller county got. We ain’t got no advantage. This ain’t no knock on nobody now. I’m just saying that being the larger county we’ve got no advantage. We won’t be able to say yea or nay or whatever because the group is going to be equal. Mr. Wray: We’re creating a partnership. That’s the way it should be so we can work together to have mutual trust to try to benefit all three. Mr. M. Williams: I understand. But being the larger county I think we ought to have more members on the board than the smaller county has. I mean that’s like going into business and you’ve got $100,000 and I ain’t got but $100. I mean you ain’t going to let me go in there 3 and have the same authority as you’ve got because you’ve got $100,000 and I ain’t got but $100. That’s the same principle here. There’s Richmond County, Burke County and Columbia County. Mr. Wray: It would actually be a six-member board, three directors and three chairmen or their designee. Mr. M. Williams: Mr. Hasan has a question. I’m going to come back but I’m going to let him have it. Mr. Hasan: Thank you, Mr. Chairman. Mr. Wray, as you was elaborating how we got here that is once again what presents a problem for me. Now this is not directed at you because you’re just getting here but for us to get this far down the road and see this on the agenda, one of the main things in being ever since 2015, well 2014 (inaudible) to keep it simple is that the relationship with the Economic Development Authority in keeping us informed about where they’re headed and things of that nature such as we know with the Depot down there we had to do it at the last minute and twist arms to get that done. We was about to be sued, we was about to be reported to the Governor because the executive director board, the Economic Development board would not have done what, did not do what it previously was responsible for doing so we had to twist arms and for us to get this where we got it and not have a conversation to know that this was coming, it presents another challenge to see that there is no, still no communication going on in respect for the commission as a whole. That’s not directed at you because you didn’t know that those conversations had been lacking but once again, if that was not brought to your attention, that still says to me there’s disregard for the Commission and they just want us to give our signature to things to move forward. Mr. Wray: So Chairman Henry Ingram and I have talked so going forward any time we ask for something to be put on a committee, we will send it to all ten commissioners, the Administrator, and the Mayor in advance. That will be a new directive in our office to make sure that you have that information. Mr. M. Williams: No, sir. You send it to our Clerk. You shouldn’t send it to all ten commissioners and the Mayor. You should send it to the Clerk and she’ll distribute that to – Mr. Wray: So let me rephrase. So you get the information we’ll find the right avenue but the goal is to get it to all twelve of you. Mr. Hasan: Yeah, but still I think for me that’s almost like what happened here in a way. That still is a conversation before it even gets to this point to see where we sign off on it. That’s what I’m saying to talk it through before we get to this point. Also when we’re talking about the Unified Development Authority we was just in the midst of doing that. Now you just defined as your understanding of what that looks like in terms of informational session, two, couple of times a year and everything, those things can possibly be modified I believe. I don’t know. Mr. Wray: It’s set up by the same statute, sir. 4 Mr. Hasan: Okay, so it can be modified? Same statute. So you have the same authorities – Mr. Wray: Not necessarily the same authorities because it’s all about how the bylaws are written. So we limited this authority by the bylaws and the creation documents. Mr. Hasan: So the bylaws can be modified? Mr. Wray: Correct. Mr. Hasan: Okay, good, good. Also that means that the state statutes that what you had mentioned that’s probably going to be coming down in ’19 would the Unified Development Authority also have the luxury of taking advantage of whatever those benefits are? Mr. Wray: Potentially, yes. Mr. Hasan: Okay, good, so we’re back in a good place. Also on the Unified Development Authority we have where we potentially, if we kept the same model as a governing body, we would have where we would have a commission and we would have yourself you know because we spoke last week about would you like to be a member of the Unified Development Authority and you said absolutely. Mr. Wray: Correct. Mr. Hasan: So what you’re asking us now also I see is to put ourselves in a position, now you’re not saying give up the Unified Development Authority but this is my take, we don’t need to do both of them. That’s Ben Hasan talking. Mr. Wray: And I would disagree with that. Mr. Hasan: Okay, but that’s fine. But what you’re asking here on this one that’s put before us, is to put the Chairman and the Executive Director – Mr. Wray: Correct and that can, so that is not spelled out in the bylaws so that can be changed in the future. The point here is hopefully to create a working relationship between the actual three development authorities to look at joint projects which would then still have to be brought to the county commissions in all three counties. Mr. Hasan: Yeah, but I still think that can be done with the Unified Development Authority. It’s a broad – Mr. Wray: It’s also 12 counties though. So I’ve been here eight months and in eight months there has yet to be a quorum at the Unified Development Authority meeting. So they can’t even conduct business in eight months that I’ve been here. 5 Mr. Hasan: Well, I’ll go back to what my colleague just said. We’ve got Mr. Wray now so we can get that done now. You remember saying that? Okay, so we can get the Unified Development Authority up and running now. But here’s another concern. You made mention on your letter that you sent out you said currently we’re asking for no funding. Mr. Wray: That’s correct. Mr. Hasan: Currently but you’re saying not there’s an absolute about that, that you’ll need no additional funding to do this no time in the near future or anything? Mr. Wray: I have no plans, so these bylaws were developed by the three executive directors, the boards of the three development authorities together. At this point there is no vision for additional staff, there is no vision for a budget request and if there are joint projects that the counties would like to take up together, we would have to come back to the county commissions for any funding approval. So at this point in the administrative day-to-day activities of this joint development authority, absolutely I am requesting no funding and in the near-term future see no request for any funding. Mr. Hasan: Well, let me ask you this. 5.8 here where it says executive director. It says the executive director may hire or appoint an executive director who shall be an agent or employee of the authority with duties and responsibilities similar to those of a corporate chief operating officer. I’m going to skip the rest of that and then it says A. To plan and supervise the promotion or orientation and maintenance of day-to-day business and affairs of authority and its land, facilities, equipment and services. B. To hire, pay, promote, train, direct, supervise, control and discharge employees. C. To participate in the negotiation, preparation of and execution of contracts for (i) hiring of employees once again. So you’re going to do that out of monies in hand? Mr. Wray: There is no plan to hire any employees whatsoever. Mr. Hasan: So do we need this in this or do we need to take this portion out? Mr. Wray: I would say, yes, we need to maintain it if in the future there is a need for that. If you eliminate it now, I’m not sure it can be added back. That is standard language but right now there is no plans to hire any staff and it would take a vote really of all three, it would take a vote of all three commissions to fund anything like that. Mr. M. Williams: The Mayor Pro Tem’s got a question. Mr. Hasan: I will respect to the Chairman and come back. I’ll come back. Ms. Davis: Thank you, Mr. Chairman. I wasn’t saying to steal your thunder. When you go back to the appointees again so the three executive directors and then three appointees. Mr. Wray: The ask here is in the memo. The Chairs of the three authorities or their designee. So really what you have is the paid top professional of each organization and a 6 member of the individual county development authority to help start and create those relationships, to look at joint projects if they’re out there and then it would come back to the county commissions. Ms. Davis: Okay. Did you say these have been brought to the other commissions of the other counties? Mr. Wray: Burke County approved this last week and this is on the committee agenda for Columbia County Sept. 11 and the Commission meeting for Sept. 18th if it passes committee. Ms. Davis: Okay. Mr. Wray: It was supposed to be parallel the 4th and the 11th but there was an emergency with one of the personnel there so they pushed it to the next committee cycle. Ms. Davis: And if those commissions or this commission suggests any changes, will ya’ll then reconvene and talk through those changes? Mr. Wray: I believe the way it was said was it would have to go back through in this case Burke County to be revoted on. I believe that’s the case. Don’t hold me to that, I’m not an attorney. Ms. Davis: Could you bring that information on Tuesday for the Commission meeting? Mr. Wray: Yes, ma’am. Ms. Davis: Correction, Mr. Chair. If he could even send that to Ms. Bonner just so we know the process. Mr. Wray: I can do that. Mr. M. Williams: Commissioner Fennoy then Mr. Hasan again. Mr. Fennoy: Is there any reason why Aiken, South Carolina, the state line prevents – Mr. Wray: It’s an interesting question. If I knew it was possible, I would propose Aiken as part of this too. But I was also looking at baby steps to see how it works. There is a provision in Georgia law that if South Carolina has a joint development authority statute it could be reciprocal which would allow Aiken, now the Aiken economic development partnership is made up of four counties, so that’s a little different dynamic because it’s Aiken County, Edgefield County, McCormick and Saluda. But Will Williams who is the economic development over there, Chief Executive over their economic development partnership is already part of the executive directors working together. But crossing the state line with the way joint development authority’s laws may be a little more challenging but not impossible. A north Georgia county and North Carolina have done that in the past having joint authorities across state lines. So there is precedent for that, yes, sir. 7 Mr. Fennoy: You know I’ve sort of got mixed feelings about something like this. On major projects that’s thinking about locating in this area, I could see all of the counties including Aiken attempting to get that project but what I would, and I don’t know if this is a part of your plan, but what I would like to see is once a project or once a company decides well, I’m going to Burke County, I’m going to Columbia County, I’m going to Richmond County or even Aiken that the people from all of the counties get together. I mean I know that you’re going to Aiken but how can Augusta benefit? Oh, I know you’re going to Columbia County but how can the region benefit from, because I believe that whatever happens regardless of what county it is in, the region is going to be the beneficiary. So that’s what – Mr. Wray: I would agree. Any time a large project were to locate, even small projects in some cases locate in any of the five counties of this general area whether it’s Aiken, Waynesboro, whether it’s Evans or Augusta, we all benefit. And yes, I absolutely understand the perception is more people have moved to Columbia County so Augusta is not getting as much benefit, but if you really look at the commute sheds and the labor patterns, the primary addresses are still within Richmond County where the employees are coming from. Now that’s going to vary by any individual project absolutely and I can’t drill down all the way to the company level. I don’t have access to that but if you look at the manufacturing base here, the primary zip codes where employees are living or commuting to are still coming from Augusta. Mr. Fennoy: I can look at Riverwatch Parkway early in the morning and late in the afternoon and I can look at Gordon Highway early in the morning and Washington Road early in the morning and late afternoon and I see a steady influx of people coming into Augusta in the morning and a steady influx of people going out in the afternoon. If something like this is able to happen I would certainly like to see Aiken or North Augusta be included. Mr. M. Williams: We went to Atlanta years ago, Mr. Mayor, that’s that institutional knowledge you’re talking about, Mr. Mayor. We went to Atlanta and met with the Commissioner of Trade and they told us that Burke County was beating our socks off with industry in Burke County. Burke County is one of the largest counties in Georgia. As far as industrywise Burke County was beating Augusta. I’m thinking if they’re doing so good in industry, why do we need to tie in with them for us to help them beat our socks off some more? Mr. Wray: Let me just address it real quick. If a company or job creator is looking at Burke County and Richmond County at the same time, there is not really a lot of discussion back and forth to help one another. But if one of those two communities is eliminated in consideration for a location, why would we not help them instead of the project going to North Carolina, Tennessee or Louisiana so we at least get the ancillary benefits or they get the benefits of it locating in the region? That’s really the concept here is we’re not going to give them any advantages to win projects over us and they’re not going to give us any advantages but if we get it down to one site or one building or one possibility in the region, we should help each other to keep those jobs and that benefit in the region versus losing it to another state. Mr. M. Williams: We’ve been told through ACCG and GMA when industry looks at a location, they look at the quality of life or things that their employers can do in that city. When they move from California to Augusta or to Waynesboro they look at the quality of life that their 8 company is going to be able to take there. And when you’re not open for new businesses or when you’ve just got the same mindset whether it be a consolidated effort or not, they’re not coming here. Not necessarily here but they’re not going to that location because they look for those things that their employees can participate in. You’ve got an unhappy employee from California he or she will say I’m going back. My point is they’ll go back and find them a job where they originated from in order to continue their lifestyle and be able to do the things they’re doing. I think this whole body is in harmony with what you’re thinking. I just think the way it’s been brought to us and the way it’s been presented. Mr. Hasan: Mr. Wray mentioned that he’s not sure that this could be removed. I’d like to ask our attorney based on this document 5.8 talking about the executive director and the hiring employees and stuff and I see it two places. That’s what concerns me. I see it in the document, the memorandum that Mr. Wray sent out it says currently and that concerns me and then when you look at the document and it extensively talks about hiring and paying employees. He did admit he’s not an attorney on the side so can this be removed from this document if he chooses to do that? Mr. Wray: Let me clarify. I didn’t say it couldn’t be removed, I suggested it shouldn’t be removed. Mr. Hasan: Why not? Mr. Wray: To allow the ability for in the future if the commissions want to look at changing it. Mr. Hasan: We couldn’t add it back in if it came to that? Mr. Wray: That’s what I said I didn’t know the answer to. Mr. Hasan: I hadn’t asked you that one. Mr. MacKenzie: You could make proposed amendments but they would need to be approved by all of the parties that would be executing the --- Mr. Hasan: But we could make them and send them to them though, right? Mr. MacKenzie: You can certainly do that. Mr. Hasan: As of late some of our sister cities and this is no begrudging of them because I think it is within their right to protect what they believe is in their best interest. Our library, we had a regional library system. Columbia County pulled out from us, our regional library system. They established their own Chamber of Commerce independent of us. I think it also includes a Convention & Visitors Bureau pulled out or it may be a part of the Chamber, I’m not sure about that. Also I’m hearing that Columbia County, the TIA that they planned to do their TIA separate from us. TIA only exists in this region now because of Augusta Richmond County. Everybody has benefited from it. Columbia County failed it and might have got in excess of $200 million 9 dollars for what we passed in Richmond County. This time there’s a conversation, I can’t say it’s an absolute, to do this independent of us this time so every time I look they’re trying to get away from us. They’re not trying to do business with us. So with that being said, I’ll say this and then I’ll close, Mr. Chairman. I want to be selfish right now, Mr. Wray. You just got here. You come highly recommended and I’m not prepared to share you. That’s my position. Thank you. Mr. Sias: I just want to say this. One of the things I said long long time ago at one of those good old breakfast meetings I’m not going to begrudge any other entity from moving forward and making progress and I hope Richmond County continues to do so. But I would ask Mr. Wray a couple of questions. You’re familiar with Huntsman. They might have been bought out by somebody else. You’re also familiar with Starbucks. Mr. Wray: Yes, sir. Mr. Sias: You’re also familiar with Eden Creek. Mr. Wray: Yes. Mr. Sias: Okay. So if Eden Creek said we need 55 or 7500 acres or say, 200 acres, and we had 120 on one side and Burke County or Columbia County had the remainder on their side and they were sitting side by side with an imaginary line in between them, would we be so selfish as to say no, you can go on somewhere else because we won’t work together to share that benefit? I would just be concerned with that. Secondly, I keep reminding folks Columbia County in comparison to Augusta is a baby. We’re so old that we had our own money during the Confederate War. So Augusta is old. We’ve got powder factories where they made ammunition. Richmond County is an old county. If we weren’t halfway healthy, we wouldn’t even be on a walker. We’d be in a wheelchair that’s made out of a bed. So I think we need to continue to look forward and embrace some new ideas and Mr. Wray, as my colleague said, you come highly qualified. Highly recommended. And I appreciate you trying to breathe some new life into this old body because we might need a little oxygen. And if you’ve got the tank and you’re bringing it, I’m going to support what you’re talking about. You said we really didn’t need additional funding for this. You said ya’ll are going to do your own thing on the money side and I don’t expect you to have 55 projects. I don’t even know if you’ll find a project to do together in the next three years. But it would be nice to have that opportunity if it arises because there is plenty of land in Burke County and if we can get a share of that, my colleague said they’re beating our pants off then maybe we can get a belt loop with them. So I appreciate your idea and you bringing this and secondly, this is the committee process where you discuss things so if everybody is upset because we didn’t go out and get everybody’s definite, I talk about a lot of things that I hear when I know about when I read the agenda. I don’t get a prenotice on this business. Some things I might be lucky enough to. But I ain’t mad about it so Mr. Chair thank you for the opportunity and Mr. Wray, keep up doing the good work. Mr. Mayor: Thank you, I appreciate it. I’ve got a series of questions some of which have been asked and I’ll just go through the list. The first question is what county do you reside in? 10 Mr. Wray: I reside in Richmond County. Mr. Mayor: What is available job tax credit per employee that is available if the JDA is created? Mr. Wray: It provides a $500 tax credit. Currently we’re a Tier 2 community as Richmond. It’s a $3,000 tax credit but a majority of our counties are a less developed census track which gives us a $3,500 per job tax credit and then we have the $500 joint authority credit. Mr. Mayor: One Georgia, the One Georgia Authority and we have been a recipient of some One Georgia money. That authority looks, has a scoring matrix and that is looked at differently. If you were looking and/or applying as AEDA, I guess that’s the name, they would score you one way. But if they were scoring a joint development authority, they would score it differently, is that not true? Mr. Wray: Correct and I’ll take it one step further. Currently we are only conditionally eligible as Richmond County for One Georgia funds. Without three rural counties writing a letter of recommendation of support for a project, we cannot receive funding. The ADA was just awarded $500,000 for rail design in the corporate park that we’ve had some conversations, you’ve read about it being discussed at our board meetings. Burke County, Columbia County and Jefferson County wrote us letters of support to allow that funding to take place. Mr. Mayor: And they wrote that on the basis of being a part of the Unified Development Authority, is that also not true? Mr. Wray: Correct but they also wrote it because any jobs created in Richmond County will also help them. Mr. Mayor: My next question is what regional projects have been landed in the past five years in the state of Georgia that you’re aware of? Mr. Wray: Through regional authorities? Stanton Springs is the most readily available, the most recent Facebook. Created almost a billion dollar investment in a four-county joint authority and actually a four-county joint owned park. Mr. Mayor: For the record Stanton Springs is what? Mr. Wray: Covington, Georgia. Mr. Mayor: Pursuant to the current state statute creating the idea around joint development authorities, it calls for in fact one of the requirements is a business plan and what you’ve provided to us is a resolution and bylaws but not the business plan or proposed business plan. Mr. Wray: That’s correct. 11 Mr. Mayor: And pursuant to state statute at what point will you have a business plan prepared and ready for us? Mr. Wray: It would have to be prepared in the next few months. We have not prepared that because if none of the three county commissions wanted to be a part of it, why would we waste resources in writing it? Because we also want input from the county commissions themselves. Mr. Mayor: Also pursuant to state statute, the Georgia constitution has an amendment in there with regards to when we adopt these types of entities. There is also the question around ad valorem taxes which statute suggests that you have deliberate conversations and we’re certainly very early in the discussion and I do want to highlight that for this body and certainly for our local government that this is one of the most germane issues when you have regional facilities, the issue of how you’re handling ad valorem taxes and what that looks like in terms of the disbursement of those. That’s where your intergovernmental contracts are extremely important in terms of addressing this issue. The only thing that I would offer to the degree that this has been brought forth timing was impeccable. We’re having a conversation about the UDA and that moving forward my next question to you is do you believe that it’s important for us to continue the 13-county UDA relationship that we have? Mr. Wray: I absolutely do. Because of that large region of the state being able not only for us to bring together more than one community to get in front of site selectors and decision makers, bringing 13 counties to let them hear what we have to offer versus bringing one, even though in Richmond County we dedicate a lot of attention especially because of the relationships we have and we’ve created. Any time you can bring 13 ideas or 13 counties in a region together, that carries some credence so I would want to see you continue that. But we also have to get a quorum there so they can conduct business. After eight months right now they’ve yet to have a quorum at any meeting. Mr. Mayor: Based on your interactions with the folks at Columbia County and this is to the Chairman of the Administrative Services Committee point and with regards to, I don’t know about the old money before Confederacy and all that, but I do know that Augusta is leading the region. We’re leading the region in terms of job growth and creation, we’re leading the region and I believe we are the fastest growing economy outside of Atlanta. All of these things, whether it’s the Department of Labor indicating them or other economic indicators, I think it’s important for us to get a real sense for what the posture is in Columbia County. I haven’t had a chance to talk to Chairman Cross or his folks but I do hope that they are looking at this as closely as we are and I’d like to at least get a sense of what that temperature is about their support of this. Mr. Wray: The development authority passed it and it was put it on committee and will hopefully get passed there and go on the Commission. 12 Lena Bonner From: Sent: To: Cc: Subject: Importance: Cal Wray < cwray@augustaeda.org > Friday, August 31, 2018 9:35 AM Lena Bonner Mayor Hardie Davis, Jr.; hingramLS@yahoo.com;Janice Allen Jackson IEXTERNALI Greater Augusta Joint Development Authority High Ms. Bonner, Administrator Jackson, and Mayor Davis, At the August 28th Administrative Services Committee meeting, I was asked to address several questions by the Commission. 1. What is the process if any changes are made to the proposed documents? a. If any changes are made to the activating resolution, the approved modified documents by Richmond County would be sent to Burke and Columbia Counties for approval. b. The board of the JDA would adopt and amend the bylaws at its first meeting. c. Burke County would need to reconsider the modified documents and vote for acceptance or make any changes themselves. If approved as submitted then process is complete. If changes are made the modified document would be sent back to Richmond County for approval. This same process would apply in Columbia County. d. Basically, the three commissions would continue this process until all approved the IDENTICAL document. 2. When will Columbia County address this issue? a. Currently, they have planned for committee on September 1lth and Commission on September 18th. b. At this point, I am not awrre of any issues they have with the current document and they will be considering the same document in front of the Commissioners in Richmond County. 3. The Burke County Commission approved the same document proposed to our Commission at its last meeting. Thank you for your excellent questions at Tuesday's meeting and I look forward to addressing any additional questions during the next few days or at Commission on September 4th. I very much appreciate the engagement and support as you consider our proposal. I may be reached by email at cwralu@ausustaeda.org or by cell 706-284-5610 if you or the Commissioners have any questions. I will be present on Tuesday to address any items as well. Thank you and have a great holiday weekend, Cal CalWray, EDFP President Development Authority of Augusta, Georgia 1450 Greene Street Commission Meeting Agenda 9/4/2018 2:00 PM Closing of Fire Stations Department: Department: Caption:Discuss the matter of closing fire stations due to a lack of fire personnel available to operate fire equipment and requiring off- duty firemen to work and be paid overtime. (Requested by Commissioner Marion Williams) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 9/4/2018 2:00 PM Sias Street Light Program Proposal Department: Department: Caption:Motion to approve an annual streetlight fee of $87.00 for each residential property and $131.00 for each commercial property. All properties that are currently recognized by the city of Augusta as tax exempt will also remain exempt from the streetlight fee. Properties within the legal city limits of Hephzibah and Blythe will also remain exempt. Any exempt properties may voluntarily opt in to pay the fee. (Requested by Commissioner Sammie Sias) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Total Urban Suburban paying fee no fee Residential 70625 13438 57187 40216 16971 Commercial 7347 2182 5165 812 4353 Exempt 2982 1280 1702 397 1305 Total 80954 16900 64054 41425 22629 less:Blythe -426 -426 -426 Hephzibah -1941 -1941 -1941 Net of other incorportated areas 78587 16900 61687 41425 20262 Total parcels 80,954 Residential 68,258 * Less Heph and Blythe (2,367) Commercial 7,347 Total parcels for calculations 78,587 Exempt 2,982 Total 78,587 Rate Total Comm 50% Parcels*> Residential Revenue Residential 68,258 87$ 5,938,446$ Commercial 7,347 131$ 958,784$ Exempt 2,982 0 -$ Total 78,587 6,897,230$ less bad debt 5%(344,861)$ net revenue 6,552,368$ * Hephzibah and Blythe parcels excluded - all counted as residential Revenue Collections at Various Billing Rates Flat Rates to Generate $6.5 Million Revenue (Hephzibah and Blythe excluded, exempt not billed) in Suburban district lena Bonner From: Sent: To: Cc: Subject: Ms Bonner, Commissioner Sammie Sias Wednesday, August 29,20L8 5:48 PM Lena Bonner Nancy Morawski; Janice Allen Jackson; Mayor Hardie Davis, Jr.; Andrew G. Mackenzie; Donna Williams; Steven Kendrick; Alveno Ross; Alveno Ross Street Light Fee Please add the following item to the Commission agenda for Sept 4,aOLB or any adjusted date for the first Commission meeting in September 2018 "Move to approve an annual streetlight fee of SAZ.OO for each residential property and S131.00 for each commercial property. All properties that are currently recognized by the city of Augusta as tax exempt will also remain exempt from the streetlight fee. Properties within the legal city limits of Hephzibah and Blyth will also remain exempt. Any exempt properties may voluntarily opt in to pay the fee." Please provide the 87/L3t pay structure chart developed by finance. Ms Bonner, ptease forward this email to all commissioners. Thanking everyone in advance. Sammie L. Sias Commissioner, Augusta Richmond County "Foilure is not on Option" Please consider the environment before printing this email. This e+nail contains confidential information and is intended only for the individual named. lf yoir are not the named addressee, you should not disseminate,distrihttte or copy this e-mail Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.The Cl,ty of Augusta accepts no liability for the content of this e-rniii or for the clnsequences of any actions ta[en on the basis of the infomation provided, unlessthat infomation is subsequentiy confirmed in wiiting. Any views or opinions presented in this e-rnail are solely those of the author and do not necessarily representthose 'rf the city of Augr:sta. E-mail transmissions Cannot be guaranieed lo be secure or error-free as informition could be intercepted, corrupted, lost, destroyed,arrive late or incomplete, or contain viruses The sender therefore does not accept liability for any errors or omissions in the content of this message which arise asa result of the ernail transmission. lf verificatiorr is required, please request a haid copy version.AED:104'1 Commission Meeting Agenda 9/4/2018 2:00 PM Guilfoyle Street Light Proposal Department: Department: Caption:Discuss and adopt funding proposal for comprehensive street light program. (Requested by Commissioner Wayne Guilfoyle) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Revenue Required 5,772,000 Number of Parcels Residential - Suburban 40,216 Exempt - countywide 2,982 Countywide (billing & roadway lighting)4,172,000 43,198 Urban 1,600,000 5,772,000 County Wide Commercial 7,347 Fee Revenue Residential - Suburban & Exempt 43,198 85.00 3,671,830 Commercial 7,347 107.36 788,770 less 5% bad debt (288,600) 4,172,000 Cost Centers Streetlight Fee Parcels Assumptions: 1.Budget Operations $ 5.6 million (2018 estimated service costs) Deficit Reduction $ 172,000 (for seven years) System enhancements $ .0 million (increases to .4 million after 3 years) 2. Urban Service district funding remains the same 3. Only residential parcels currently being with street lights are included 4. All exempt properties are included a. estimated 1/3 of exempt properties are Augusta's. Street light cost -$90,000 5. All commercial properties are included Lena Bonner From: Sent: To: Subject: Commissioner Wayne Guilfoyle Thursday, August 30, 2018 8:41AM Lena Bonner IEXTERNALI Agend item to be added for Tuesday Mrs', Bonner, would you add the Street lights per last week attachments. I will be sending the Mayor, Commission arevised numbers once I can compile them , naturally I would ask you to forward to all. Thanks, Wayne [NOTICE: This message originated outside of the City of Augusta's mail system -- DO NOT CSCK on tinks,open attachments or respond to requests for information unless you are sure the content is safe.1- Commission Meeting Agenda 9/4/2018 2:00 PM Pension Subcommittee Department: Department: Caption:Motion to approve soliciting an RFP for the services of a pension investment advisor for the 1945 and 1949 Pension Plans. The RFP will be submitted through the normal procurement process. (Approved by Pension Committee August 28, 2018) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo 1 PENSION & AUDIT COMMISSION CHAMBER COMMITTEE August 28, 2018 PRESENT: Hons. Hardie Davis, Jr., Mayor; Mary Davis, Mayor Pro Tem; Janice Jackson, Administrator; Donna Williams, Finance Director; Lena Bonner, Clerk of Commission. ABSENT: Hon. Sean Frantom, Finance Committee Chairman. The Clerk: Yes, sir. Item #1. The Pension and Audit Committee meeting. Review and discuss RFP for the services of a pension investment advisor for the 1945 and 1949 pension plans. The RFP will be submitted through the normal procurement process. Mr. Mayor: Thank you, Madam Clerk. Is there any discussion from members of this body? Okay. I do want to bring to everyone’s attention there was an email communication sent out by our Procurement Director Ms. Geri Sams on last Thursday, 23rd, that speaks to the heart of the question that was raised about members of this body having an opportunity to weigh in on what the elements were included in the RFP. Ms. Sams raised in her communication to this body a concern around potential conflict of interest. I think most of us should have seen that at this point. She sent it to the entire Commission and what’s most meaningful in the communication is the fact that we want to make sure that there’s not an appearance of a conflict of interest by any of these members of this Pension Committee up to and including the fact that as a member, a voting member of the Pension Committee, that members not participate in the solicitation process of the RFP and I believe that that extends to the drafting of that. And as such in our meeting a week ago our Finance Director and I’ll yield to you, Ms. Williams, you indicated that you had drafted it. Ms. Williams: (inaudible). The RFP was drafted by staff members in my department and I will not be voting on this item. Mr. Mayor: Okay. Ms. Williams: (inaudible) avoiding any conflict of interest. Mr. Mayor: Okay. All right, very well. Are there any other comments with regard to this? All right. I’ll entertain a motion. Ms. Davis: Mr. Mayor, I’d like to make a motion to approve, to approve going out for an RFP for the services of a pension investment advisor for the 1945 and 1949 pension plans. Ms. Jackson: I second that. Mr. Mayor: We’ve got a motion and a second. Voting. All those in favor say aye. Mr. Frantom out. Ms. Williams not voting. 2 Motion carries 3-0. Mr. Mayor: All right, any other business before us? There being none, the meeting is adjourned. ADJOURNMENT: There being no further business, the meeting was adjourned. Lena J. Bonner Clerk of Commission Commission Meeting Agenda 9/4/2018 2:00 PM CSRA Unified Development Authority Department: Department: Caption:Motion to approve the appointment of two ARC members to the CSRA Unified Development Authority in accordance with the attached Resolution. (Requested by Commissioner Ben Hasan) Background: UNIFIED DEVELOPMENT AUTHORITY is a joint development authority of the CSRA’s 13 counties. Membership in the authority increases your ability to offer job tax credits by $500 per job and has all of the powers and authorities assigned to a development authority by state law. CREATED: O.C.G.A. 36-62-5 (a) a joint development authority may be activated by resolution of the Boards of Commissioners of those counties participating in the creation of the joint development authority. Authorizing Resolution: It has been determined by the Board of Commissioners of Richmond County, Georgia, that in order to promote trade, commerce, industry, and increased employment opportunities for the public good and general welfare, it is in the best interest of Richmond County to participate in the existing Central Savannah River Area Unified Development Authority of Burke, Columbia, Glascock, Hancock, Jefferson, Lincoln, McDuffie, Taliaferro; Warren, Washington and Wilkes Counties, approved November 6, 2002. Richmond County shall be entitled to two (2) members who shall be appointed by the Board of Commissioners. Analysis: Financial Impact: Alternatives: Recommendation: Cover Memo Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo A RESOLUTION WHEREAS, Article IX, Section VI, P. III, of the Constitution of the State of Georgia, declares that the development of trade, commerce, industry and employment opportunities is public purpose valuable to the welfare of the people of the State of Georgia and the General Assembly has enacted legislation for the creation of development authorities under the provisions of the Official Code of Georgia (O.C.G.A) 36-62-5.1 which provides for the creation of joint development authorities by two or more counties; and WHEREAS, under the provisions of O.C.G.A. 36-62-5.1(a) a joint development authority known as the CSRA Unified Development Authority has been activated by resolution of the Boards of Commissioners of Burke, Columbia, Glascock, Hancock, Jefferson, Jenkins, Lincoln, McDuffie, Richmond, Taliaferro, Warren, Wilkes, and Washington Counties; and WHEREAS, each jurisdiction appoints two (2) members to serve as the jurisdiction’s official representatives on the CSRA Unified Development Authority for staggering terms (with the person listed below on the first line currently serving a term ending in the year indicated). NOW THEREFORE BE IT RESOLVED, that the Richmond County Board of Commissioners does hereby appoint the following persons to serve as voting members of the CSRA Unified Development Authority representing this participating county for terms ending at 23:59 on December 31st in the years set opposite their respective names: NAME OF VOTING MEMBER TERM YEAR END 2018 2019 BE IT FURTHER RESOLVED that a copy of this resolution shall be duly filed by the CSRA Unified Development authority in the office of the Secretary of State of the State of Georgia as required annually. Adopted this ______ day of _____________________, 201___. ___________________________ MAYOR AFFIX COUNTY SEAL ___________________________ ATTEST UPDATE: 10/15/15 NAME OF BOARD UNIFIED DEVELOPMENT AUTHORITY Members Appointment Expires Andy Cheek (1) 11/2/02 12/31/2003 Willie Mays (2) 11/2/02 12/31/2004 Tommy Boyles 12/02/03 12/31/2005 ____________________________________________________________ Walter Sprouse (1) 04/01/08 12/31/2011 Alvin Mason (2) 04/01/08 12/31/2012 UNIFIED DEVELOPMENT AUTHORITY is a joint development authority of the CSRA’s 13 counties. Membership in the authority increases your ability to offer job tax credits by $500 per job and has all of the powers and authorities assigned to a development authority by state law. CREATED: O.C.G.A. 36-62-5 (a) a joint development authority may be activated by resolution of the Boards of Commissioners of those counties participating in the creation of the joint development authority. Authorizing Resolution: It has been determined by the Board of Commissioners of Richmond County, Georgia, that in order to promote trade, commerce, industry, and increased employment opportunities for the public good and general welfare, it is in the best interest of Richmond County to participate in the existing Central Savannah River Area Unified Development Authority of Burke, Columbia, Glascock, Hancock, Jefferson, Lincoln, McDuffie, Taliaferro; Warren, Washington and Wilkes Counties, approved November 6, 2002. Richmond County shall be entitled to two (2) members who shall be appointed by the Board of Commissioners. Commission Meeting Agenda 9/4/2018 2:00 PM MOU W. T. Johnson Community Center Department:Augusta Recreation Department:Augusta Recreation Caption:Motion to approve an Augusta Community Center Partnership Memorandum of Understanding between Augusta, Georgia and the Augusta Department of Recreation and Parks and 30901 Community Development Corporation regarding the operations of W.T. Johnson Community Center t 16210 Hunter Street, Augusta, Georgia. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo lvf nlvf On q,NnUM Of UNOERST ANnn{G THIS MEMORANDUM OF UNDERSTANDING is made and entered into this day of ,20-, by and between AUGUSTA, GEORGIA ("Augusta"), a political subdivision of the State of Georga, by and through the Augusta Department of Recreation and Parks and 30901 Community Development Corporation. WHEREAS, Augusta and 30901 Community Development Corporation deliberated that it would be beneficial to both the Augusta Richmond County taxpayers and local Augusta residents for 30901 Community Development Corporation and Augusta to jointly operate W. T. Johnson community center ("community Center"), l6l0 Hunter St., Augusta, GA 30901. WHEREAS, 30901 Community Development Corporation will ac*,eptthe responsibility to staff, develop, and implement sound programs for the best interest of this community; and NOW, THEREFORE, for and in consideration of the mutual promises and the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: A. RESPONSIBILITIES OF 30901 Communitv Development Corporation l. 30901 Community Development Corporation shall provide adequate staffing of the community center during the operating hours of the center. 2. Programs at the community center shall be staffed accordingly, dependent upon whether the progftrm is a youth program or an adult program as defined in the Staffing Requirements. 3. Hours of Operation for the Community Center shall be Page 1 of 10 4. 5. 30901 Community Development Corporation shall provide stafffor all rentals at the community center and follow the rental guidelines provided by Augusta. 30901 Community Development Corporation shall have all volunteer staff execute and keep on file a Volunteer Release Form (See Attachment 2) as well as provide copies of said forms to Augusta. 30901 community Development corporation shall meet with Augusta annually to discuss any changes, modifications, or amendments to this lease agreement and/or any fees that may need to be modified or implemented. 30901 community Development corporation shall issue keys for the community center to its members and officers. In addition, keys to all buildings and facilities must also be issued to Augusta, including a listing of all officers, volunteers, and staffof 30901 Community Development Corporation who possess keys and/or access to facilities. 30901 community Development corporation shall maintain an inventory of all supplies fumished by Augusta forthe community center and shall perform general maintenance of the interior/ exterior of the community center, which includes mopping, sweeping, and picking up litter from the grounds 30901 community Development corporation shalr create programs and activities for the Community Center and provide semi-annual informational meetings to discuss operations and programs with Augusta. 7. 8. 9. Page 2 of 1O l0' 30901 Community Development Corporation shall coordinate with Augusta,s Certified Playground lnspector to maintain a current safety inspection of all existing playground equipment. In the event that any equipment is deemed unsafe, that equipment must be properly labeled unsafe and Augusta personnel must be immediately contacted. 1 1. 30901 community Development corporation shall follow all safety guidelines set forth by Augusta which include, but not limited to, immediately notifting Augusta in the event of break-ins, property damage, or emergencies. 12' 3090l Community Development Corporation will abide by all federal, state, and local laws. 13. 30901 comm,nity Development corporation shall expend all revenues received by 30901 community Development corporation for services rendered at the community center for materials, supplies, or other services that directly affect the operations of the community center. B. l. Augusta shall be responsible for assisting 30901 community Development corporation in the operation of the community center in the following manner: i. Supply all utilities. ii. Perform ail repairs and normal maintenance for the upkeep of the facility (painting, pesticide treatment, etc.) Page 3 of 10 iii. Ensure compliance with all federal, state, and local laws, regulations, and ordinances, including but not limited to the Americans with Disabilities Act (ADA) for the Community Center. iv. Provide for trash collection and recycling from the existing refuse and recycling bins on the grounds. Provide for stripping and waxing of floors within the facility. v. Supplyboth programming and janitorial supplies as budgeted and approved by the Augusta, Georgia Board of Commissioners. vi. Provide one (1) part time employee 20 hours per week to handle facility issues related to the facility operations. vii. Supply all capital purchases, as needed, depending on funding. viii. Provide assistance with special events that are programmed by 30901 Community Development Corporation. ix. Provide all necessary guidelines/ manuals concerning building rentals and safety questions. x. Promptly respond to emergency situations, such as break-ins, that may arise. 2. Management of Community Center or Park Capital Improvements i. Augusta shall be responsible for managing any and all improvements to the Community Center, Park, or other property owned by Augusta regardless of funding source. Page 4 of 10 3' Augusta shall also provide the following deparfinental contracts for 30901 Community Development Corporation: - Supervisor- Emergency Contact: (wor$ 796- 5025,cell) - Program Manager: (work) 796- 5025, (cell) C. MUTUAL RESPONSIBILITIES: l' The parties will work together to maintain a quality and safe environment for the benefit of the community. At the request of either pmty,a meeting or conference will be held between 30901 community Development corporation and Augusta representatives to resolve any problems or develop any improvements in the operation of the Community Center. 2. The term of this affiliation shall be for one year, commencing on september_, 2018, and ending on l)ecember 31, 2019. This working relationship and affiliation may be renewed by mutual wriffen consent of the parties for a total maximum of five (5) years' It may also be canceled at any time by either party upon not less than sixty (60) days written notice to the other party. 3' The parties acknowledge and agree that neither party shall be responsible for any loss, injury or other damage to the person or property of any sfudent or staffmember at the ll. Page 5 of 10 4. Community Center due to the negligence or willful conduct of the other party, its agents, officers or employees. This relationship is intended solely for the mutual benefit of the parties hereto, and there is no intention, express or otherwise, to create any rights or interests for any party or person other than 30901 Community Development Corporation and Augusta; without limiting the generality of the foregoing, no rights are intended to be created for any sfudent, parent or guardian of any student, spouse, next of kin, employer, prospective employer, or any other third party. Neither party is an agent, employee, or servant of the other. Augusta and 30901 Community Development Corporation acknowledge and agree that the volunteer participants are not employees of 30901 Community Development Corporation or Augusta by reason of such participation. Volunteer participants shall in no way hold themselves out as employees of 30901 Community Development Corporation or Augusta. This Memorandum of Understanding shall be govemed by, construed, and applied in accordance with the laws of the State of Georgia. This Mernorandum of Understanding shall supersede any and all previously executed Memoranda of Understanding between the parties for applied learning experiences. If any member of the 30901 community Development corporation, who is responsible for the operations, adminishation, or programming at the w. T. Johnson Community Center commits any act involving moral or ethical issues under any law, or any act which casts an unfavorable light upon the association with Augusta or the 30901 Community Development Corporation performs or commits any act which 5. 6. 7. 8. Page 5 of 1O could adversely impact Augusta events, programs, services, or reputation, Augusta shall have the right to terminate this contract upon thirty (30) days written notice speciffing the reason, within which period the 30901 communityDevelopment Corporation may cure such offense. The determination of whether and to what extent the offense is cured shall be made by Augusta at its sole discretion. Page 7 of 10 By: AGREED TO BY: AUGUSTA, GEORGIA Hardie Davis, Jr., Mayor Date: Attest: Lena J. Bonner, Clerk of Commission 30901 Community Development Corporation By: Date: Page 8 of 10 ATTACHMENT I STAFFING REOUIREMENTS : 30901 Community Development Corporation must supply staff or volunteer members that meet the following qualifi cations: o Certified CPR and First Aid: o Desire and knowledge of practices and principals needed to develop activities for youth and adults: City will assist in training of volunteers. o Clerical skills that involve maintaining records pertaining to program registrations, supply inventories, rental contracts, user fees and other facility charges and information; o Supervise progrnms for youth. For youth programs 6 & Under the ratio shall be I supervisor to every l0 youth; while youth programs 7 & Older the ratio shall be I supervisor for every 20 youth. o Have executed a Volunteer Release Form, in the form attached hereto. GENERAL SUMMARY It is the responsibility of 30901 Community Development Corporation to coordinate and monitor activities held at Community Center within de,partmental and City guidelines. Also, it is essential for 30901 Community Development Corporation to work with instructors, program participants, community leaders, civic organizations and the general public to ensure programs and services are implemented in a safe and professional manner. VOLTINTEER REGISTRATION AUGUSTA, GEORGIA . Wish to participate in Augusta, Georgia's volunteer program by volunteering to work at the Augusta, Georgra (describe work which will be done) for hours per week from through . I understand that Augusta, Georgia may cancel my participation in its program at any time, for any or no reason. I understand that I will receive no payment for my participation and I do not wish to receive, and hereby decline, payment. I understand that I am not an employee of Augusta, Georgi4 and that I am not, and will not be, eligible for workers' compensation coverage or other benefits. The particular volunteer services which I am to Page 9 of 10 perform for Augusta, Georgia have been explained to me, and I hereby assume all risks and hazards incidental to my engaglng in these volunteer services. I hereby release and covenant not to sue August4 Georgia, the Augusta- Richmond County agents, ernployees and representatives from any and all liability in connection with my participation in the volunteer program. Signature Printed Name: Date Signed: Swom to and subscribed before me this _ day of 2018. Notary Public My Commission Expires: Page 10 of 10 Commission Meeting Agenda 9/4/2018 2:00 PM Resurfacing Various Roads Department:Engineering Department:Engineering Caption: Approve the Supplement Construction Contract with Reeves Construction Co. in the amount of $160,330.00 to cover additional cost of Resurfacing Regency Boulevard (Gordon Hwy to Jennings Rd.) as requested by AED. Bid: 17-243 Background:Currently, Reeves Construction is under contract with Augusta, GA for resurfacing of various roads. The Augusta Commission awarded this contract on November 21, 2017. As additional funding becomes available, AED includes additional roads to the resurfacing contract. With ongoing construction of the Augusta Transit new facility at western end of Regency Boulevard, AED identified Regency Blvd is in need of resurfacing and can be resurfaced this year if funding becomes available. AED recognized saving in FY 2018 LMIG resurfacing allocated funds and that can be utilized to complete this needed resurfacing. Analysis:Augusta Transit new Facility completion schedule is later part of 2018 and resurfacing Regency Blvd. is critical to maintain a good road surface for heavy traffic access to this facility. Reeves Construction Company is currently under contract with Augusta, GA/Augusta Engineering for road resurfacing work and the cost provided of $160,330.00 for resurfacing Regency Blvd (Regency Blvd. to Jennings Rd). This cost was analyzed and determined to be reasonable and cost effective for the type of work being performed. Financial Impact:Funds are available in FY2018 LMIG. Alternatives:1). Do not approve and complete the work at later time Recommendation:Approve to Supplement Construction Contract with Reeves Construction Co. in the amount of $160,330.00 to cover Cover Memo additional cost of Resurfacing Regency Boulevard (Gordon Hwy to Jennings Rd.) as requested by AED. Bid: 17-243. Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: FY2018 LMIG REVIEWED AND APPROVED BY: Cover Memo Department of Information TechnologyGeospatial Information Solutions (GIS) Division535 Telfair St Bldg 2000 | Augusta, GA 30901www.augustaga.gov/gis | gis@augustaga.gov Like, Follow, Share #AugustaGIS µ Augusta, GA Print Date Jul 10, 2018 Augusta, GA Disclaimer The data represented on this map has been compiled by the bestmethods available. Accuracy is contingent upon the sourceinformation as compiled by various agencies and departmentsboth internal and external to the consolidated government ofAugusta, GA. Augusta, GA and the companies contracted todevelop these data assume no legal responsibilities for theinformation or accuracy contained on this map. It is strictlyforbidden to sell or reproduce these maps or data for any reasonwithout the written consent of the Augusta Commission. 1 inch = 200 feetMap Scale 1 APAC Industrial Way Post Office Box 1129 Augusta, Georgia 30907 Reeves Construction Company Augusta, Georgia 30903 Phone: (706) 731-5230 East Region - Augusta Facsimile: (706) 731-8620 ────────────────────────────────────────────────────────────────────────────────── ─────────────────────────────────────────────────────── Dogwood Plant: (706) 210-1082 ● Riverwatch Plant: (706) 731-8616 ● Millen Plant: (478) 982-4977 June 13, 2018 Mr. Anthony Taylor Augusta Engineering Department 452 Walker St. Suite 110 Augusta, GA 30901 Reference: Bid Item 17-243 Resurfacing Various Roads Regency Blvd. Mill & Overlay Dear Mr. Taylor, Thank you for requesting Reeves Construction to provide pricing for resurfacing Regency Blvd as part of the current contract. The pricing below includes milling the road surface 1.5.” deep and placing 110 lb/sy of Open Graded Interlayer followed by 165 lb/sy of 12.5mm Superpave from the intersection of Gordon Hwy to the intersection of Jennings Rd. Our pricing is as follows: DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT Traffic Control 1 LS 30,150.00$ 30,150.00$ Patching (As Rqd.)SY 60.00$ Open Graded Interlayer 500 TN 92.00$ 46,000.00$ RAC 9.5mm SP Type 2 800 TN 80.00$ 64,000.00$ Bitum Tack Coat 900 GL 5.00$ 4,500.00$ Milling, Var. Depth 9500 SY 1.60$ 15,200.00$ 24" Thermo Stop Bar 40 LF 12.00$ 480.00$ 160,330.00$ Total Thank you for the opportunity to quote this additional work. If you have any question please feel free to give me a call. Respectfully submitted, REEVES CONSTRUCTION COMPANY Greg Hamilton, PE East Region Estimator Augusta-Richmond County, Georgia BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the following Capital Project Budget is hereby authorized: Section 1: This Supplemental Contract is authorized to Reeves Construction to Supplement the existing contract in the amount of $160,3300.00 for Resurfacing Regency Blvd (Gordon Hwy to Jennings Road). Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. LMIG Funds (2015)1,570,688$ LMIG Funds (2017)979,982$ LMIG 10% Match (TIA Discretionary)255,067$ SPLOST VII (Resurfacing)750,000$ TIA Discretionary Funds 1,404,054$ LMIG 2018 1,060,158$ LMIG 2018 160,330$ 6,180,279$ Section 3: Copies of this Capital Project Budget shall be made available to the Comptroller for direction in carrying out this project. Adopted this ____________________ day of ______________________. Approved _________________________________________________ Original-Commission Council Office Copy-Engineering Department Copy-Finance Department Copy-Procurement Department Honorable Hardie Davis, Jr., Mayor Funding available in LMIG 2018. CPB#N/A CAPITAL PROJECT BUDGET RESURFACING VARIOUS ROADS SUPPLEMENTAL CONSTRUCTION CONTRACT BID 17-243 REGENCY BOULEVARD 1 of 2 10.18.2017 Augusta-Richmond County, Georgia CPB#N/A CAPITAL PROJECT BUDGET RESURFACING VARIOUS ROADS CPB AMOUNT CPB NEW SOURCE OF FUNDS ADDITION CPB LMIG FUNDS (2015)($1,570,688)($1,570,688) LMIG FUNDS (2017)($979,982)($979,982) LMIG 10% MATCH ($255,067)($255,067) (TIA DISCRETIONARY) SPLOST VII (Resurfacing)($750,000)($750,000) TIA DISCRETIONARY FUNDS ($1,404,054)($1,404,054) LMIG 2018 ($1,060,158)($160,330)($1,220,488) TOTAL SOURCES:($6,019,949)($160,330)($6,180,279) USE OF FUNDS LMIG FUNDS (2015)$1,570,688 $1,570,688 LMIG FUNDS (2017)$979,982 $979,982 LMIG 10% MATCH $255,067 $255,067 (TIA DISCRETIONARY) SPLOST VII (Resurfacing)$750,000 $750,000 TIA DISCRETIONARY FUNDS $1,404,054 $1,404,054 LMIG 2018 $1,060,158 160330 $1,220,488 TOTAL USES:$6,019,949 $160,330 $6,180,279 2 of 2 10.18.2017 Commission Meeting Agenda 9/4/2018 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