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Home My WebLink About2021-01-06 Meeting AgendaCommission Meeting Agenda Virtual/Teleconference 1/6/2021 2:00 PM INVOCATION: PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. RECOGNITION(S) December Years of Service Receipients A. Congratulations! 2020 December Years of Service Recipients. Harmon Brown- 30 Years of Service -Augusta Fire Dept. Jeffery Daniel - 30 Years of Service - Augusta Fire Dept. Charles Masters - 30 Years of Service-Augusta Fire Dept. Nathaniel Deloach - 35 Years of Services-Augusta Utilities Attachments ELECTION OF OFFICER(S) B. A. Mayor Pro Tempore for two-year term 2021-2022. B. Appointment of Standing Committees for two-year term 2021-2022. Attachments Five (5) minute time limit per delegation DELEGATIONS C.Ms. Susan L. Everitt, regarding FY20 Red Cross Service Delivery for Augusta.Attachments D. Ms. Juanita Burney regarding the Richmond County Board of Tax Assessors' member clarification of some issues. Attachments CONSENT AGENDA (Items 1-4) PLANNING 1. Z-20-58 - A request for concurrence with the Augusta, Georgia Planning Commission to approve with the conditions listed below; a petition by Tonya Self, on behalf of Nicolas Leshock, requesting to establish a Family Personal Care Home per Section 26-1-(h) of the Comprehensive Zoning Ordinance for Augusta Georgia affecting property containing 0.48 acres and located at 3533 Stafford Street. Tax Map 141-0-508-00-0 - Zoned R-1A (One-family Residential) DISTRICT 4 1. The home shall be staffed on a 7-day, 24-hour basis. 2. The home shall be limited to 4 residents total with staff coming in shifts. Any live-in staff will be counted towards the maximum occupancy of 4 residents. 3. Additional paved parking shall be provided if needed by widening the existing driveway. Grass parking shall not be permitted. 4. If the rear of the property is not enclosed by a fence one must installed to ensure a safe and secure outside space for residents. 5. Any changes in the definition of the use, nature of the clientele or increase in numbers of occupants shall require another Special Exception. 6. The applicant must receive and maintain a City of Augusta business license and a license with the State of Georgia. Proof of compliance with the minimum requirements of Chapter 111.8-62.01 of the O.C.G.A must be provided, and the applicant must provide annual fire department inspection reports. 7. All requirements must be met within six (6) months of approval of the Special Exception, or the Special Exception is void. 8. If wheelchair bound persons reside in the residence all 2010 ADA Standards for Accessible Design requirements must be met, including but not limited to: · All doorways must be at least 3 feet wide. · At least one bathroom that permits a wheelchair dependent person to use all bathroom facilities unimpeded. Attachments 2. Z-20-59 – A request for concurrence with the Augusta, Georgia Planning Commission to approve with the conditions listed below petition by Chesterfield LLC, on behalf of C & N Properties Ltd., & Budget Commercial Properties requesting a change of zoning from Zone A (Agriculture) and Zone B-2 (General Business) with conditions to Attachments Zone B-2 affecting properties containing approximately 8.06 acres in Richmond County (remainder of proposed development located in Columbia County) and are known as 3149, 3175 and 3179 Gordon Highway. Tax Map 092-0-002-03-0. 092-0-002-02-0 & 092-0-002-00-0 DISTRICT 3 1. This project shall substantially comply with all development standards and regulations set forth by the City of Augusta, Georgia at the time of development. 2. Parking will substantially conform to the parking on the Concept Plan and parking requirements will be a combination of Richmond County and Columbia County requirements. 3. A minimum 40-foot front setback will be required along Gordon Highway and Parham Road. 4. The developer will have a definitive plan for providing water and sewer prior to submitting for a Land Disturbance Permit. 3. Z-20-60 – A request for concurrence with the Augusta, Georgia Planning Commission to approve with the conditions listed below petition by Hickory Tree Holdings LLC requesting a change of zoning from Zone R-1C (One-family Residential) to Zone B-2 (General Business) affecting property containing .61 acres and known as 925 Baker Avenue. Tax Map 045-1-053-01-0 DISTRICT 1 1. This project shall comply with all development standards and regulations set forth by the City of Augusta, GA at the time of development. Attachments PETITIONS AND COMMUNICATIONS 4.Motion to approve the minutes of the Special Called and Regular Meetings of the Commission held on December 1, 2020.Attachments ****END CONSENT AGENDA**** AUGUSTA COMMISSION 1/6/2021 AUGUSTA COMMISSION REGULAR AGENDA 1/6/2021 (Items 5-33) PLANNING 5. Z-20-54 – The Augusta, Georgia Planning Commission made no recommendation regarding a petition by Tracy Geter requesting a Special Exception to bring an existing family home day care in to zoning conformance per Section 8-3-(d) and Section 26-1-(f) of the Comprehensive Zoning Ordinance for Augusta Georgia affecting property containing 0.41 acres and located at 4004 Foreman Court. Tax Map 194-0-149-00-0 - Zoned R-1B (One-family Residential) . DISTRICT 8 Attachments PUBLIC SERVICES 6.Discuss the Augusta Regional Airport’s November 2020 Report. (Requested by Commissioner Sammie Sias)Attachments 7.Motion to approve ratifying the execution of ARC Senior Nutrition Program Contract with Bateman Community Living, LLC d,b,a, Trio Community Meals. Attachments 8.Motion to waive 2021 Alcohol License fees and associated fees, to refund Alcohol Licensees that have paid all or any portion of the 2021 Alcohol License fees and associated fees, and to extend the expiration date for 2020 Alcohol Licenses and associated licenses to December 31, 2021. (Requested by Commissioner Sean Franton) Attachments ADMINISTRATIVE SERVICES 9.Motion to approve the purchase of seven pickup trucks, at a total cost of $184,219, for various general fund departments. Bid Item 20-265 Attachments 10.Motion to approve the purchase of seven Dodge Chargers at a total cost of $225,266 from Thomson Motor Center. Bid Item 20-242 Attachments 11.Motion to approve the lease of two sewer vacuum trucks for the Augusts Utilities Department - Construction and Maintenance Division from Environmental Products of Georgia in the amount of $829,894.00 and Attachments authorize the Mayor and Law Department to execute any necessary documents, · 12.Motion to approve the purchase of one Augusta Regional Airport Fire Command Vehicle for $46,881 from Allan Vigil Ford. Attachments 13.Motion to approve the purchase of 27 replacement vehicles for the Sheriff’s Office at a total of $885,438.00 from Thomson Motor Centre. Bid Item 20-242 Attachments 14.Motion to approve the lease of two sewer vacuum trucks for the Engineering Department - Storm Water Division from Environmental Products of Georgia for Bid Item 20-261in the amount of $829,894.00 and authorize the Mayor and Law Department to execute any necessary documents. · Attachments 15.Discuss the current Richmond County Judicial Circuit. (Requested by Commissioner Ben Hasan)Attachments 16.Motion to approve Housing and Community Development Department’s (HCD's) request to provide funding to assist two (2) low-to-moderate income homebuyers with down-payment assistance to purchase a home. Attachments 17.Motion to approve the resumption of Committee Meetings in January 2021. (Requested by Mayor Hardie Davis, Jr.)Attachments PUBLIC SAFETY 18. Informational Only Approval- Purchase Duty Holster. Attachments 19. Motion to approve a request from the Richmond County Sheriff's Office to purchase duty protective headgear for its personnel from Uniforms by John for $46,218.75. (Bid #20-277) Attachments FINANCE 20.Motion to approve Cell Tower Audit & Valuation Contract with Cell Tower Solutions for the auditing and valuation of all cell towers and related equipment in Richmond County. RFP 20-279. Attachments 21.Motion to adopt resolutions approving an Intergovernmental Service Agreement with the Augusta-Richmond County Coliseum Authority (the “Authority”), and Agreement of Sale with the Authority, in connection with the issuance of the Authority’s Revenue Bonds (Coliseum and TEE Center Project), Series 2021, and to authorize the Mayor or Mayor Pro Tempore and the Clerk of Commission to execute same as well as such other ancillary documents that may be necessary to consummate the transaction. Attachments 22.Motion to establish the position of and to approve funding for the position of Judge Emeritus of the Civil and Magistrate Court of Richmond County. Attachments ENGINEERING SERVICES 23.Motion to determine that the Alley East of Heard Avenue and South of Central Avenue as shown on the attached map has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest, pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit-claimed to the appropriate party(ies), as provided by law and an easement to be retained over the entire abandoned portion for existing or future utilities as directed by Augusta Engineering Department and Augusta Utilities Department. Attachments 24.Motion to approve a Contract Item Agreement with Georgia Department of Transportation to include Augusta Utilities Department’s water valves and sanitary sewer manhole adjustments in the Georgia Department of Transportation contract, for GDOT Project PI M005972 Patching, Milling, and Topping 3.82 miles of State Route 28 (Washington Road) beginning from Calhoun Bridge and ending at CSX Railroad. Attachments 25.Motion to approve a Contract Item Agreement with Georgia Department of Transportation to include Augusta Utilities Department’s water valves and sanitary sewer manhole adjustments in the Georgia Department of Transportation contract, for GDOT Project PI M005974 Patching, Milling, and Topping 0.66 miles of State Route 104 (Washington Road) beginning from Fury Ferry Intersection and ending at Pleasant Home Road. Attachments 26.Update from the Utilities Department on the Sanitary Sewer Connection Program- areas serviced, scheduled areas, and future scheduled areas. (Requested by Commissioner Sammie Sias) Attachments 27. Update of the Joint Solid Waste Management Plan (Augusta, Georgia, City of Blythe, Georgia, and City of Hephzibah, Georgia) 2008-2017 to cover the years 2019-2028. Attachments 28.Motion to approve Purchase of New Meter Reading Devices. Attachments ADMINISTRATOR 29.Motion to approve resolution requesting the Augusta-Richmond County Board of Elections to place the approved SPLOST 8 Package on the ballot for the March 16, 2021 election. Attachments 30.Motion to ratify the Intergovernmental sales tax agreement between Augusta and the cities of Blythe and Hephzibah for the distribution of Special Purpose Local Option Sales Taxes (SPLOST) generated from the SPLOST phase 8 referendum. Authorize the Mayor to execute the approved agreement. Attachments 31.Motion to approve proposed HUD CARES Act I revisions and HUD CARES Act III new funding allocation (summary attached). Post approval outcomes include a robust pandemic relief program highlighted by: Attachments 1) Allocation of $1.1 million in Rent and Utility Assistance for eligible Augustans. 2) Additional $1.25 million made available for small business relief ($1.6 million total) Up to $15,000/award (based on company size). 3) Fifteen percent reduction in administrative license fees. 4) Waiving of penalties and fees through July 1, 2021. 5) Allowing Alcohol license fees to be paid quarterly. 6) Implementation of 30-30 tax/fee deferral program OTHER BUSINESS 32.Receive a report and presentation from the Task Force on Confederate Monuments, Street Names, and Landmarks. (Requested by Mayor Hardie Davis, Jr.) Attachments LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 33.Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Upcoming Meetings www.augustaga.gov Commission Meeting Agenda 1/6/2021 2:00 PM December Years of Service Receipients Department:Human Resources Department Department:Human Resources Department Caption: Congratulations! 2020 December Years of Service Recipients. Harmon Brown- 30 Years of Service -Augusta Fire Dept. Jeffery Daniel - 30 Years of Service - Augusta Fire Dept. Charles Masters - 30 Years of Service-Augusta Fire Dept. Nathaniel Deloach - 35 Years of Services-Augusta Utilities Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo HUMAN RESOURCES DEPARTMENT Suite 400 - Municipal Building 535 Telfair Street - Augusta, GA 30901 Phone (706) 821-2303 Fax (706) 821-2867 www.augustaga.gov December 9, 2020 Department Directors & Elected Officials, The Commission on June 16, 2009, adopted the Augusta-Richmond County Employee Incentive Awards Program (EIAP). The program provides a number of initiatives that have been designed to show our appreciation for our dedicated and loyal employees. The ability to recognize and honor our employees’ longevity has been established through our new Years of Service (YOS) program. A complete description of the EIAP and its operating procedures is located on the Human Resources site at http://augwebv017:8080/EmployeeResources/hrcitynet/default.aspx. We are pleased to advise you that for the month of December 2020, the following employee(s) have attained their anniversary date in recognition of 25-50 years of dedicated service and are now eligible to receive their Years of Service pin and certificate: FIRST LAST DEPARTMENT YOS HARMON BROWN FIRE DEPARTMENT 30 JEFFREY DANIEL FIRE DEPARTMENT 30 CHARLES MASTERS FIRE DEPARTMENT 30 NATHANIEL DELOACH UTILITIES 35 Please make arrangements to have your employee in attendance at the Commission meeting scheduled for January 05, 2021, for recognition by the Mayor and Commission and presentation of their service pins and certificates of achievement. All persons to be recognized should be in the Commission Chambers by 1:45 p.m. Please let us know whether the employee will or will not attend by contacting me by phone at (706) 826-1376 or via e-mail at pgriffin2@augustaga.gov, by Thursday, December 31, 2020, 12:00 Noon. Your support and cooperation is much appreciated. With regards, Anita Rookard, Human Resources Director /fmc cc: Mayor Hardie Davis, Jr. Odie Donald II, Administrator Lena Bonner, Clerk of Commission Commission Meeting Agenda 1/6/2021 2:00 PM Election of Mayor Pro Tem and Standing Committees Department: Department: Caption: A. Mayor Pro Tempore for two-year term 2021-2022. B. Appointment of Standing Committees for two-year term 2021-2022. Background: Rules of Procedure 1.04 for the Augusta Commission. 1,04 The Mayor Pro-Tempore shall be elected from among the district Commissioners at the first regular meeting in January of each odd numbered year as provided in the Consolidation Act along with the appointment of Standing Committees. Analysis:Sec. 1-30. Powers of mayor; mayor pro-tem; committees. (c) The members of the Commission shall elect a Mayor Pro Tempore at their first regular meeting in January. 2011, and at such meeting every two (2) years thereafter. The Mayor Pro Tempore shall preside at Commission meetings in the absence of the Mayor and perform such other duties as may be entrusted to the office of the Mayor Pro Tempore by action of the Commission. The Mayor Pro Tempore shall continue to be a full voting member of the Commission when serving in the capacity of Mayor Pro Tempore. No person who has served a full two- year term of office as Mayor Pro Tempore shall again be eligible to hold office as Mayor Pro Tempore until after the expiration two (2) years from the conclusion of that person's last term of office as Mayor Pro Tempore. (d) At is first regular meeting in Ordinance 7210 adopted by the Augusta Commission November 4, 2010 states the following: January of each odd-numbered year, the Commission shall organize itself. The Mayor and the Mayor Pro Tempore shall recommend to the Commission the appointment of such committees as they deem appropriate and the proposed membership thereof. If the Mayor and the Mayor Pro Tempore disagree on proposed appointments, the Cover Memo Commission shall determine such appointments. All committees and the membership thereof shall be created, abolished, and appointed as directed by the Commission. The Mayor shall not have the right to vote on the appointment of any member to a committee. The Mayor shall not be a voting member of any committee established by the Commission and appointed by the Mayor Pro Tempore. Financial Impact:N/A Alternatives:N/A Recommendation:N/A Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 1/6/2021 2:00 PM Red Cross Department: Department: Caption:Ms. Susan L. Everitt, regarding FY20 Red Cross Service Delivery for Augusta. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Lena Bonner From: Landreth-Everitt, Susan <susan.landretheverit@redcross.org>Sent: Thursday, October 15,2020 4:23 PMTo: Lena BonnerSubject: [EXTERNAL] American Red Cross Request to Speak at December lst Commission MeetingAttachments: Augusta Richmond Commission Speaker Request - American Red Cross.docx Dear Ms Bonner- Good afternoon! I hope that you are well. I wanted to see if I could get on the agenda for the Augusta-Richmond County Commission meeting on December 1't to briefly go over the Red Cross service delivery for Augusta-Richmond County in FY20. I look forward to hearing back from you. Take care- Susan Susan Landreth Everitt ! Executive Director American Red Cross of East Central Georgia (based in Augusta) L322 Ellis Street, Augusta GA 30901 susa n.everitt@ redcross.org 7 06-7 24-8481 main office 706-564-6675 cell Covering the counties ol Baldwin, Burke, Columbio, Emanuel, Gloscock, Hancock, losper, lefferson, lenkins,lohnson, lones, Lincoln, McDuffie, Putnom, Richmond, Screven, Toliaferro, Treutlen, Twiggs, Worren, Woshington, Wilkes, ond Wilkinson. liq*lthlt blssd d*nor* nssdsd nsnrr.*! Ssfisd*l* *t Rsd*r0es$lo*d;*rg *ffi [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.] Commission Meeting Agenda 1/6/2021 2:00 PM Juanita Burney Department: Department: Caption:Ms. Juanita Burney regarding the Richmond County Board of Tax Assessors' member clarification of some issues. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Lena Bonner From: Sent: lo: Subject: J L BURNEY <blackbird908@bellsouth.net> Tuesday, December Zg, ZOZO 9:42 AM Lena Bonner IEXTERNALI January 5 Commission Meeting Good Morning Ms. Bonner, For some reason I had trouble trying to reply to your email so I am sending a new one. My topic for discussion is the Richmond County Tax Board and member clarification of some issues. Other information is as follows: Address: 2208 Cadden Road Augusta, Georgia 30906 Phone: 706 77 1-0232 I did have a quiet nice Christmas with my mother and siblings. I trust you had a good one as well. Thank you for your assistance. Juanita Burney [NOTICE: This message originated outside of the City of Augusta's mail system -- DO NOTCLICK on links, open attachments or respond to requests for information unless t", ; sure the content issafe.l Commission Meeting Agenda 1/6/2021 2:00 PM Z-20-58 Department:Planning and Development Department:Planning and Development Caption: Z-20-58 - A request for concurrence with the Augusta, Georgia Planning Commission to approve with the conditions listed below; a petition by Tonya Self, on behalf of Nicolas Leshock, requesting to establish a Family Personal Care Home per Section 26-1-(h) of the Comprehensive Zoning Ordinance for Augusta Georgia affecting property containing 0.48 acres and located at 3533 Stafford Street. Tax Map 141-0-508-00-0 - Zoned R-1A (One-family Residential) DISTRICT 4 1. The home shall be staffed on a 7-day, 24-hour basis. 2. The home shall be limited to 4 residents total with staff coming in shifts. Any live-in staff will be counted towards the maximum occupancy of 4 residents. 3. Additional paved parking shall be provided if needed by widening the existing driveway. Grass parking shall not be permitted. 4. If the rear of the property is not enclosed by a fence one must installed to ensure a safe and secure outside space for residents. 5. Any changes in the definition of the use, nature of the clientele or increase in numbers of occupants shall require another Special Exception. 6. The applicant must receive and maintain a City of Augusta business license and a license with the State of Georgia. Proof of compliance with the minimum requirements of Chapter 111.8-62.01 of the O.C.G.A must be provided, and the applicant must provide annual fire department inspection reports. 7. All requirements must be met within six (6) months of approval of the Special Exception, or the Special Exception is void. 8. If wheelchair bound persons reside in the residence all 2010 ADA Standards for Accessible Design requirements must be met, including but not limited to: · All doorways must be at least 3 feet wide. · At least one bathroom that permits a wheelchair dependent person to use all bathroom facilities unimpeded. Background: Analysis: Cover Memo Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 1/6/2021 2:00 PM Z-20-59 Department:Planning and Development Department:Planning and Development Caption: Z-20-59 – A request for concurrence with the Augusta, Georgia Planning Commission to approve with the conditions listed below petition by Chesterfield LLC, on behalf of C & N Properties Ltd., & Budget Commercial Properties requesting a change of zoning from Zone A(Agriculture) and Zone B-2 (General Business) with conditions to Zone B-2 affecting properties containing approximately 8.06 acres in Richmond County (remainder of proposed development located in Columbia County) and are known as 3149, 3175 and 3179 Gordon Highway. Tax Map 092-0-002-03-0. 092-0-002-02-0 & 092-0-002-00-0 DISTRICT 3 1. This project shall substantially comply with all development standards and regulations set forth by the City of Augusta, Georgia at the time of development. 2. Parking will substantially conform to the parking on the Concept Plan and parking requirements will be a combination of Richmond County and Columbia County requirements. 3. A minimum 40-foot front setback will be required along Gordon Highway and Parham Road. 4. The developer will have a definitive plan for providing water and sewer prior to submitting for a Land Disturbance Permit. Background: Analysis: Financial Impact: Alternatives: Recommendation:Cover Memo Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 1/6/2021 2:00 PM Z-20-60 Department:Planning and Development Department:Planning and Development Caption: Z-20-60 – A request for concurrence with the Augusta, Georgia Planning Commission to approve with the conditions listed below petition by Hickory Tree Holdings LLC requesting a change of zoning from Zone R-1C (One-family Residential) to Zone B-2 (General Business) affecting property containing .61 acres and known as 925 Baker Avenue. Tax Map 045-1-053- 01-0 DISTRICT 1 1. This project shall comply with all development standards and regulations set forth by the City of Augusta, GA at the time of development. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Cover Memo Commission Meeting Agenda 1/6/2021 2:00 PM Minutes Department: Department: Caption:Motion to approve the minutes of the Special Called and Regular Meetings of the Commission held on December 1, 2020. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo CALLED MEETING VIRTUAL/TELECONFERENCE December 1,2020 Augusta Richmond County Commission convened at 1230 p.m., Tuesday, December l, 2020, the Honorable Hardie Davis, Jr., Mayor, presiding. PRESENT: Hons. B. Williams, Garrett, Sias, Fennoy, Frantom, M. Williams, Davis, D. Williams, Hasan and Clarke, members of Augusta Richmond County Commission. Mr. Mayor: We'll call this meeting to order. The Chair recognizes Attorney Brown. 1. LEGAL MEETING A. Pending and potential litigation B. Real estate C. Personnel Mr. Brown: Good afternoon, Mayor, Commissioners. We request a motion to go into executive session for the discussion of litigation, real estate and personnel. Mr. Garrett: So moved. Mr. Clarke: Second. Mr. Mayor: Voting. Ms. Davis, Mr. Frantom and Mr. D. Williams out. Motion carries 7-0. [EXECUTIVE SESSION] Mr. Mayor: Okay, Attorney Brown, we are ready to proceed. 2. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Mr. Brown: Mr. Mayor, we request a motion to execute the closed meeting affidavit. Mr. Hasan: So move. Mr. Frantom: Second. Mr. Mayor: Voting. Mr. Fennoy votes No. Motion carries 9-1. Mr. Mayor: Attorney Brown. Mr. Brown: Yes, sir. Mr. Mayor, we request the following motions. A motion to approve settlement agreement and general release and to adopt Resolution authorizing the settlement of all claims by Ursula Anderson in the aggregate amount of $198,000 payable to Ursula Anderson and Barton Good. Mr. Hasan: So move. Mr. Garrett: Second. Mr. Mayor: Voting. Mr. Fennoy votes No. Motion carries 9-1. Mr. Mayor: Attorney Brown. Mr. Brown: A motion to approve sefflement and general release and to adopt a Resolution authorizing the sefflement of all claims by Treza Edwards in the sum of $781500 payable pursuant to settlement agreement with Treza Edwards last day of employment, employment being December 112020 with the customary terms as prepared by Augusta Law Department in the sefflement agreement. Mr. D. Williams: So move. Mr. Hasan: Second. Mr. Mayor: Voting. Ms. Davis, Mr. Fennoy and Mr. Garrett vote No. Motion carries 7-3. Mr. Mayor: Attorney Brown. Mr. Brown: A motion to approve the appointment of Phyllis Johnson as Interim Director of the Compliance Department effective December 212020 with an annual salary of $110,000. Mr. Clarke: So moved. Mr. Garrett: Second. Mr. Fennoy votes No. Motion carries 9-1. Mr. Mayor: And now the companion motion. Mr. Brown: Yes, sir. Motion to authorize HR Director to advertise internally the position of Compliance Director for a period of seven days. Mr. Clarke: So moved. Ms. Davis: Second. Mr. Fennoy and Mr. Sias vote No. Mr. D. Williams out. Motion carries 7-2. Mr. Mayor: Attomey Brown. Mr. Brown: A motion to approve an annual salary of $1301000 commencing January 1,2020 (sic) term for the position of presiding magistrate judge for Miss Le Joi Walker Williamson. Mr. Hasan: So move. Mr. Frantom: Second. Mr. Mayor: Voting. Mr. Fennoy votes No. Motion carries 9-1. Mr. Mayor: Attorney Brown. Mr. Brown: Motion to approve and enter a voluntary separation agreement with Christopher James, Fire Chief, which includes among other terms for Christopher James to be placed on administrative leave with pay effective December 1,2020 through August 31, 2021 - Mr. Mayor: Attorney Brown, can you suspend for just a moment? Pursuant to HR law should that date be effective l2-2 because he's worked through the day already? Mr. Brown: It's end of day but yes. Mr. Mayor: Okay, that's for clarification. Mr. Brown: Okay, commencing December 2, 2O2O through end of day August 31, 2021.It shall further include Christopher James immediately tendering his notice of resignation to the Commission with a resignation effective date being August 31,2021. Christopher James shall further waive any and all (inaudible) for severance pay and execute a general release of claims and other terms in the form as prepared by Augusta Law Department. Christopher James shall return his county equipment to be collected by the Administrator. Mr. Mayor: Commissioner from the 6tr, state your inquiry. Mr. Hasan: Mr. Mayor, we had a couple ofmotions earlier, TrezaEdwards was December 1 and everything I think December l. We're talking about close out everything and stuff like that. I don't see where it prevents a challenge for us because that gives us so much leeway unless you think everything - Mr. Mayor: Well, the reality of it is I wasn't thinking through that but I should have said the same thing as it relates to Treza Edwards as well. She's worked through the day already. It's effective l2-2. Mr. Hasan: Okay, no problem. Just wanted to make sure. Mr. Mayor: Voting. Mr. Fennoy, Mr. D. Williams and Mr. Sias vote No. Motion carries 7-3. Mr. Frantom: Mayor. Mr. Mayor: Mayor Pro Tem. Mr. Frantom: I don't remember hearing a motion and a second. Did I miss it? The Clerk: You did. Mr. Frantom: Okay, all right, just making sure. The Clerk: He called for the voting. Mr. Mayor: Yeah. The Clerk: Could I get a motion? Mr. Mayor: Yeah, you got one. The Clerk: Who was it? Mr. Mayor: The commissioner from the, I believe it was the commissioner from the 6ft, that's who made it. Mr. Hasan: Yeah. Mr. Garrett: Second. The Clerk: Who was that, Mr. Garrett? Mr. Mayor: Right. Attorney Brown read it, Commissioner Hasan stepped in and asked a question but he had made a motion, yeah. Mr. Brown: Mr. Mayor, could we maybe cure any possible defects? Mr. Mayor: Sure, yeah, we've got a motion from the commissioner from the 6th, a second from the commissioner from the 8ft. Voting. Mr. Fennoy, Mr. Sias and Mr. D. Williams vote No. Motion carries 7-3. Mr. M. Williams: Same thing last time. Mr. Brown: Mr. Mayor, I have no further motions. Mr. Mayor: Mayor Pro Tern. Mr. Frantom: I'd like to make a motion. Motion to approve the amount of $246,645,24 for the DDA for the work on the Depot deal in 2016 to 2019. Mr. Clarke: Second. Mr. Mayor: Voting. Mr. Fennoy, Mr. Hasan and Mr. M. Williams vote No. Motion carries 7-3. Mr. Mayor: Madam Clerk, I don't know if there is any special called meeting business before us or not. We will call this meeting adjourned and we will immediately convene, Mayor Pro Tem. Mr. Frantom: It was asked if we could do the alcohol petitions because the people are still in the Chambers. Mr. Mayor: We're going to adjourn the special called meeting and then convene our commission meeting which was scheduled for 2:00. IMEETING ADJOURNED] Lena J. Bonner Clerk of Commission CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy of the minutes of the Called Meeting of the Augusta Richmond County Commission held on December 1,2020. Clerk of Commission Commission Meeting Agenda VirtuaUTeleconference - l2lll2020 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; B. Williams, Garrett, Sias, Fennoy, Frantom, M. Williams, Davis, D. Williams, Hasan and Clarke, members of Augusta Richmond County Commission. INVOCATION: PLEDGE OF ALLEGIANCE TO THE FLAG OF THE TINITED STATES OF AMENCA. RECOGNITION(S) Resolution of Condolence A. Motion to adopt Resolution of Condolence for former Mayor William (Willie) Item H. Mays, III. Action: None B 2020-01-12 Mavs_Resolution_of Condotences.pdf IE ltemAoorovalsheet.html Motions Motion Motion Textrype Made Seconded Motion By By Result It was the consensus of the Commission that this item be adopted without obj ection. 2020 Training for Life Award for Augusta Parks and Recreation B. Kevin Enright (Special Olympics Georgia) will present the 2020 Training for Item Life Award to the Augusta Parks and Recreation Department. Action: None E B ltemApprovalsheethtml Motions Motion Made Seconded Motion i;;' Motion Text By By Resuu It was the consensus of the Commission that this item be rescheduled to the first Commission meeting in January, 2021. Minutes C. I Commissioner Mary Davis, District 3 Item January 1,2013 - December 31, 2020 Action: None II. Commissioner Bill Fennoy, District I January lr20l3 - December 31, 2020 Ill.Commissioner Marion F. \ililliams, Super District 9 January lr20l3 - December 31, 2020 E ltemAoorovalsheet.html Motions Motion Made Seconded Motion il;;" Motion Text By By Resuu Presentations are made to the outgoing members of the Augusta Commission. Commendation for the Richmond County Board of Elections D. "Move for a Vote of Commendation for the Richmond County Board of Item Elections Executive Director, Staff, and Board Members " (Requested by Action: Commissioner Sammie Sias) Approved E sxM cosgzottzltztlo.oar B sKM c65820112412160.pdf E ItemAoprovalsheet.html Motions Motion Text Made By Seconded BY Motion Motion Type Result Motion to commissioner commissionerApprove approve. Sammie Sias Ben Hasan Passes Motion Passes 8-0. ' November Years of Service Receipients E. Congratulations! November Years of Service Recipients. Item Action: Randall Kea 25 Years of Service -Augusta Fire Dept. None Ronald Sylvester 30 Years of Service - Sheriffs Dept. Gerald Wall 35 Years of Service - Augusta Utilities lB ItemApprovalSheet.html Motions Motion Made Seconded Motion i;"o.".' Motion Text By By Resuu Recognition of the November, 2020 Employees Years of Service. Five (il minute time limit per deleeation DELEGATIONS F. Ms. Susan L. Everitt, regarding FY20 Red Cross Service Delivery for ltem Augusta. Action: None IB 2020-03-ll Red Cross of East Cetrtrrl GA.pdf B ltemApprovalsheet.html CONSENT AGENDA (Item 1) PETITIONS AND COMMUNICATIONS 1. Motion to approve the minutes of the Special Called and Regular Meetings of Item the Commission held on November 77,2020. Action: Approved lEr 2020-01-12 Minutes 11.17.20 Speciat Called.pdf 182020-01-12 Min. Resutar Mrs. lt.l7-20^ndf lB ItemApprovalsh€et.html Motions X:^"' Motion Text Made By seconded By Motionrype - ----- -.r Result Motion to approve. Approve Mr. Fennoyout. Commissioner Commissioner Motion passes 9-0. Sammie Sias Brandon Garrett Passes * ***END CONSENT AGENDA:T:I'T* AUGUSTA COMMISSION 12nt2020 AUGUSTA COMMISSION REGULAR AGENDA 12nt2020 (Items 2-55) PUBLIC SERVICES 2. Receive as information the project update on the HVAC repair and ltem improvements currently underway atthe Augusta Aquatic Center. Action: Approved lB P392173 CO I Aouatics Center.pdf lE Aquatic Center CO #2.odf lB Aouatic Center CO 2 Memo.docx lB Emerscncv Reouest,ndf B ltcmAoorovalsheet.html Motions X:j*1"t Motion Text Made By Seconded By Motion f ype - --- --- - r - -------- -J Result Motion to Commissioner CommissionerApprove approve' Sammie Sias Brandon Garrett Passes Motion Passes 9-0. ' 3. Motion to approve New Location Application: .N. 20-47: A request by Item Marissa Nimmala for a retail package Beer & Wine License to be used in Action: connection with Olive Mart LLC located at 1499 Gordon Highway, District Approved 2. Super District 9. B.lN.zotz.ndr lB ItemAnorovalsheet.html Motions Motion ,z ,. ,- Motioni;;;- Motion Text Made By Seconded By ResuttJI Motion to approve. Voting No: Commissioner Approve uommlssloner Marion commissioner william Fennoy. williams Mary Davis Passes Motion Passes 9-1. 4. Motion to approve New Ownership Application: A.N. 20-48: A request by Item Ameen Mohamed for a retail package Beer & Wine License to be used in Action: connection with EZ Grocery located at L675 Olive Road. District 2. Super Approved District 9. IB AN.2o*48.pdf B ltemAnorovalsheet.html Motions X:11'" Motion Text Made By seconded By MotionIype - ----- -'t Result Motion to approve. Voting No: Commissioner Approve commissioner Marion commissioner William Fennoy. Williams Mary Davis Passes Motion Passes 9-1. 5. Motion to approve New Ownership Application: A.N. 20-46: request by Item Jason Netzler for an on premise consumption Liquor, Beer & Wine License Action:to be used in connection with Garden City Social located at ll57 Broad Approved Street. There will be Dance. District l. Super District 9. E AN.20-46.pdf E ltemApprovalsheet html Motions Y::*1" Motion Text Made By Seconded By Motion Type -'---- -'t --------- -'l Result Motion to approve. Voting No: Commissioner Approve commissioner Marion commissioner william Fennoy. williams Mary Davis Passes Motion Passes 9-1. 6. Motion to approve New Ownership Application: A.N. 20-49: request by Item Yeng Seok Sohn for a retail package Liquor, Beer & Wine License to be Action: used in connection with KC Package located at 3725 Mike Padgett Approved Highway. District 8. Super District 10. B.lt{.zo<g.oor B ltemAnorovalsheet.html Motions Motion Motion:""'"" Motion Text Made By Seconded ByType Result Motion to approve. Voting No: Commissioner ^Approve Commissioner Marion uommlssloner william Fennoy. williams Mary Davis rasses Motion Passes 9-1. 7. Motion to approve New Ownership Application: A.N. 20-50: request by Item Earl B. Culver for a retail package Beer & Wine License to be used in Action: connection with Sun Food Mart located at 3995 Old Waynesboro RD. Approved District 6. Super District 10. B an.zo-so.oor B ltemAoorovalsheet.html Motions Motion I ype Approve Motion to approve. Commissioner Commissioner Passes Voting No: Marion Mary Davis Commissioner Williams William Fennoy. Motion Passes 9-1. 8. Motion to approve the renewal of Sec. 5311 Rural Transit grant application ltem between the Georgia Department of Transportation (GDOT) and Augusta, Action: Georgia for July 1,2021to June 30,2022. Approved lB 53ll Pert C Authorizinp Resolution.pdf B rnooozal.oot Motions Pj*1" Motion Text Made By seconded By Motion'l'ype ''---- -'1 --------- -J Result Motion to approve. Voting No:a -.-., A Commissioner CommissionerApprove Commrssroner ; - -;;::: 1"-' :;""^;"";- '-^ Passes william Fennoy. Ben Hasan John clarke Motion Passes 9-1. 9. Update from Mr. Bennish Brown, President/CEo Augusta Convention & Item Visitors Bureau on the planning for the International Soul Festival. Action: (Requested by Commissioner Dennis Williams) Rescheduled lB ItemAoorovalsheet.html Motions Motion Motion Text Made Seconded Motion'l'ype By By Result It was the consensus of the Commission that this item be referred to the first meeting In January, 2021. 10. Motion to approve a request from the Augusta's Public Art Agency (The Item Greater Augusta Arts Council) the terms and conditions of the sculpture Action: trail contracts. Approved E sample contrrct.pdf E Sculpture Trail MOU executed signed.pdf E Policy approved.pdf B ItemApprovalsheet.html Motions X:t:"' Motion Text Made By seconded By [:tji,Illype Motion to approve. Voting No: Approve commissioner commissioner commissioner John Clarke Brandon Garrett Passes Lrennls wlfllams. Motion Passes 9-1. 11. Update from Ms. Brenda Durant, Executive Director, Greater Augusta Arts ltem Council regarding the Sculpture Trail and the sculptures for the Sculpture Action: Trail Festival. None B Invited Media Inventorv List.odf E Alternates Media Inventorv List.odf {B SculotureTrailmao-rev2.odf B ltemAnnrovalsheet.html Motions Motion Made Seconded MotionType Motion Text By By Result Presentation is made by Ms. Brenda Durant. ADMINISTRATIVE SERVICES 12. Motion to approve BID Item #20-202 Furniture for Housing and ltem Community Development. Action: Approved B BId Trbulation Sheet 20-202 Furniture.pdf E ItemAonrovalshect.html Motions Motion Motion Text Made By Seconded By Motion Type Result Motion to approve' commissioner commissionerApprove Mr. Fennoy out. a:;,^ ;;:" D*onrlnn (1a*ptt rasses Motion passes 9-0. Sammie Sias Brandon Garrett 13. Motion to approve HCD's contract procedural process relative to the ltem authorization of Agreements/ContractsAlUD Forms related to HCD's Action: federally funded programs for the first quarter of calendar year 2021. Approved (Deferred from the November 3, 2020 meeting) {B 2021 HCD Contrrct Procedurrl Process FIow Chart Federrl Futrds.docx E ItemApprovalsheet.html Motions y:lt' Motion Text Made By seconded By Motion Type r'rvrrvrr r LAr Result Motion to approve' commissioner commissionerApprove Mr. Fennoy out. ;:::,:;;^'^"' ;:::^:X::-* Passes Motion passes 9-0. Sammie Sias Brandon Garrett 14. Motion to approve HCD's Laney Walker/Bethlehem Revitalization Project Item contract procedural process relative to the authorization of Action: Agreements/Contracts/Task Orders for the first quarter of calendar year Approved 2021. (Deferred from the November 3, 2020 meeting) B 2021 HCD Contract Procedural Process Flow Chart - LWB Futrds.docx E ltemApnrovalSheet.html Motions il,'J:"t Motion Text Made By Seconded By r."rtli Motion to approve. Ms. Davis out.. Votins No: Commissioner CommissionerApprove comriissioner sammie Sias william Fennoy rasses Marion Williams. Motion Passes 8-1. 15. Motion to approve Housing and Community Development Department's Item (HCD's) contract between HCD and J. Lovett Homes & Construction, LLC Action: to construct one (1) workforce single family housing unit identified as l5l8 Approved Twiggs Street. lB HCD l5l8_Twipss-street Contract doc B ltemAoorovalsheet.html Motions Motion tt -^2__- m, 1 rf, r Motion- ------ Motion Text Made By Seconded ByrYPe -.---- -r Result Motion to approve. Ms. Davis out. A _^_^_--__- Voting No: Commissioner CommissionerApprove commissioner Sammie Sias william Fennoy Passes Marion Williams. Motion Passes 8-1. 16. Motion to approve Housing and Community Development Department's Item (HCD's) request to provide a local matching funding in conjunction to the Action: federal grant provided by the National Endowment for the Arts (NEA), for Approved the Greater Augusta Arts Council Golden Blocks Phase II. E HCD Contract Greater Aususta Arts Council 2020.docx lB ItemAporovalsheet.html Motions Yli*1'" Motion Text Made By seconded By MotionI'ype - ------ -'t ----"--" -r Result Motion to approve. Approve Mr. Fennoy out. commissioner commissioner Motion passes 9-0. Sammie Sias Brandon Garrett Passes 17. Motion to approve Housing and Community Development Department's Item (HCD's) request to transfer $63,163.55 from Fund 5l11110 to Fund 5239112 Action: to support temporary workforce expenditure. Approved E ItemApprovelsheet html Motions Y:11"' Motion Text Made By Seconded By Motion Type Result Motion to approve. Approve Mr. Fennoy out. commissioner commissioner h Motion passes 9-0. Sammie Sias Brandon Garrett rasses 18. Motion to approve: A. Change the tittle of the Information Technology Item Director to the Chief Information Officer. B. Change the title of the Deputy Action: Director of Infrastructure &, Communication to the Deputy CIO of None Infrastructure & Communication. C. Change the title of Deputy Director of Business Application Services to Deputy CIO of Business Application Services. D. Discuss a salary increase for the DIT and DDI&C of 10%o. E. Discuss a salary increase of 5% for the DDBAS. (Requested by Commissioner Brandon Garrett) B sKM c6s82ol lt2t3l3t.pdf E ItemAonrovalsheet html Motions Motion Made Seconded Motioni;; Motion Text By By Result This item was disposed of in the Called Meeting on December 1, 2020. 19. Motion to approve the erection of a Memorial Wall at River Walk in honor Itemof Augustans who lost their lives to COVID-19. (Requested by Action: Commissioner Bill Fennoy) Approved B ItemApprovalsheet.html Motions X:jt1" Motion Text Made By seconded By HJil't'ype Approve Motion to approve the Commissioner Commissioner Passes placement of a memorial William Sammie Sias plaque for those people Fennoy who have lost their lives through COVID-I9 with the names not listed on the plaque. Ms. Davis out. Voting No: Commissioner Brandon Garrett. Motion Passes 8-1. PUBLIC SAFETY 20. Motion to approve the update to the Augusta-Richmond County Local Item Emergency Operations Plan and authorize the Mayor to sign the plan. Action: (Deferred from the November 4th & 17th meetings) Approved IB 2020-01-12 Augusta f,OP Basic Plan.pdf B ItemApprovrlsheet.html Motions Motion Motion- ------ Motion Text Made By Seconded By Resultr ype Motion to approve. Approve Mr. Fennoy out. commissioner commissioner Motion passes 9-0. Sammie Sias Brandon Garrett Passes 21. Motion to approve an emergency purchase for the Richmond County Item Sheriffs Office to purchase an Access Control system for the 400 Walton Action: Way building. The requisition will be sent to Procurement as an Approved emergency purchase and the Finance Department was notified for the budget transfer. B richmond co. sheriffs quote l.pdf lB Richmond County Sherrifs Dept Quote.pdf E Letter for Approvel.pdf E ltemAoorovalsheet.html Motions MotionType Morron Text Made Bv seconded Bv f."rt.lil Motion to approve. Approve Mr. Fer :.= - Commissioner Commtsstoner n-- rurotion'fl#5-a. Sammie Sias Brandon Garrett Passes 22. Motion to approve and award the Camera System vendor for the Richmond Item County Sheriffs Office to Lightspeed Datalinks in the amount of Action: $118,623.08 for Bid Item 20-264. Approved B Siened letter Bid# 20-264 Resubmission,ndf {B 20-264 AdvertisementJo Paper,pdf E 20-264 TAB.xts.pdf B Mail.I,ist end_Demendstar_Plan holders.pdf E Gerosia Procurement Reqistrv Vendor Summarv.odf lE ItemApprovalsheet html Motions Motion Motion- ----- Motion Text Made By Seconded ByType ''---- -r ResultJI Motion to approve. Approve Mr. Fennoy out. commissioner commissioner Motion passes 9-0. Sammie Sias Brandon Garrett Passes 23. Motion to approve and accept a grant award for the continuation of the Item Victims of Crime Act (VOCA) Grant with funding from the Criminal Justice Action: Coordinating Council of Georgia to provide services to crime victims for the Approved period from October 1,2020 through September 30,2020, and authorize the Mayor to execute the necessary documents. B PRooo286.pdf B Augusta Richmond DA VOCA 20 2l Allocrtion Letter.odf IB It€mApprovalsheet.html Motions X:.*1'" Motion Text Made By seconded By Motion'l'ype -.----- -r *-------- -J Result Motion to approve. Approve Mr Fennoyout. S;##,'jti*er ;:#il'iTff:- passes Motion Passes 9-0. FINANCE 24. Present the financial report for the 9 month period ended September 30, Item Action: Approved 2020 B 9-30-2020 Finincirl Reports.pdf E ltemApprovalsheet html Motions Motion Motion; ,--- Motion Text Made By Seconded ByTvoe ResultJI Motion to approve. Approve Mr. Fennoy out. commissioner commissioner n Motion passes 9_0. Sammie Sias Brandon Garrett rasses 25. Motion to approve SPLOST 8 list of recommended projects. (Requested by Item Mayor Sean Frantom) Action: Approved lB 2020-01-12 Mavor Pro Tem.pdf E ItemAonrovalSheet.html Motions Motion Motion:""'"" Motion Text Made By Seconded ByType --------- -J Result Motion to approve the list of recommended projects. Voting No: Commissioner Commissioner Approve L"*;,?J,:?., ,"##, ;,""[HiJiJ" Passes Dennis Williams, Commissioner Marion Williams. Motion Passes 7-3. ENGINEERING SERVICES 26. Motion to approve the purchase of a Caterpillar 7408J Articulating Truck, Item Bid Item #20-208. There are two responding bidders to the bid, Yancey Action: Brothers and Border Equipment Division of GJ&L. Yancey Brothers Approved Company (Caterpillar), Augusta GA, met all of the bid requirements. IB 2020.08.20 Articulrted Dump Truck Bid - Award Memo.pdf B 20-208 Advertisement to Papcr.pdf E zo-zoa tas.par IE Georgia Procurement Registry Vendor Summary.pdf E ltril List and Demandstar planholders.pdf IB ItcmApprovalsheet html Motions Motion Motion Textlype 27. Motion to approve. A Approve Mr. Fennoyout. uommlssloner rurotion putr.r q-0. Sammie Sias Motion to approve assigning the honorary road Road to Jack Kelly Road. Motions i'#:"' Motion rext Made By Seconded By Made By Seconded By Commissioner Brandon Garrett Passes name of Ernest Bowman Jr Item Action: Approved Motion Result Motion Result B 000 CombinedAsendaReouest JackKellvRoad,odf lB ItemAoorovatsheet.html Motion Result Motion to approve. Approve Mr. Fennoy out. commissioner commissioner Motion passes g_0. Sammie Sias William Fennoy Passes 28. Motion to approve the installation of 16 street lights along D'Antignac Item Street between Walton Way and R.A. Dent Blvd with an upfront construction Action: cost of $150,000 and an annual cost of $8,570.88. Construction funding is Approved available in Street Lighting Upgrades SPLOST VI account and ongoing operations and maintenance in annual street lighting budget. Requested by AED B D Antisnac St 11.20.2020.pdf E ltemApprovalsheet.html Motions Motion Motion Textrype Made By Seconded By Approve Motion to approve. Commissioner Commissioner Passes Motion Passes 10-0. Sammie Sias Brandon Garrett 29. Motion to approve of Change Order No. 1 to Blair Construction, Inc.'s Item contract to construct the Fort Gordon Cyber CoE Campus Sanitary Sewer Action: Extension. APProved lB Cvber CoE San Sewer Ext CO#l - CO Document ndf @ ItemAoorovalsheet.html Motions Motion r rh Motion ;;;" Motion Text Made By seconded By Resutt Motion to approve' commissioner commissionerApprove Mr. Fennoy out. Sammie sias Brandon Garrett Passes Motion Passes 9-0. 30. Motion to remove the moratorium of the purchase of a Mack Granite 64 Item Grapple Truck, bid item #19-283. Action: Approved B Greoole Truck-Commission-Aooroval.odf lB Commission Actions Letter. Februarv 18. 2020'ndf E rpc nio_tg-zsl.nar B 19-283 Advertisement to Paper.pdf E tq-z$ rnn.oor . B 19-283 Department Recommendaiton of Award.pdf IB Mail List and Demandstar Planholders.odf B Georsiai Procurement Resistrv Vendor Summarv.odf B ltemAnprovalSheet.html Motions Motion Motion Text Made By seconded By Motion Type rvrurru' ! lar Result Motion to approve' commissioner commissionerApprove Mr' Fennoy out. Sammie sias Brandon Garrett Passes Motion Passes 9-0. 31. Motion to approve to Supplement Construction Contract with Reeves Construction Co. in the amount of $965,076.00 to cover additional cost of Resurfacing Aumond Road (Boy Scouts Rd, to Walton Way) and Bransford Item Road (Wheeler Rd. to Walton Way). Requested by AED.Bid:20-164 Action: Approved B CPB Resurfacins 20-164 Suoolement [.5.2020.xtsx B AumondRd Bransford Rd_Pavinp ProoosaLll.5.2020.odf E ltemAonrovalsheet.html Motions X:t]"Il Motion Text Made By Seconded By Motion t YPe '''--- -r Result Motion to approve. Approve Mr. Fennoy out. Commissioner Commissioner Motion passes 9-0. Sammie Sias Brandon Garrett Passes 32. Motion to approve and award a contract for design and engineering services Item to Cranston Engineering Group in the amount of $192,931.25 for the Walton Action: Way Accessible Sidewalk Renovation Project. RFQ 20-138. Requested by Approved AED B p.l ootsgsg-t ur.odr B Tao Grant Walton Wav Staff Renort.ndf E 20-138 RFO Reouest to Advertise.doc B 2o-t38 Tan.xn B 20-138 Cumuletive Eval Sheet.xlsx lE 20-lJ8 Plenholders lislpdf B 20-138 2nd Recommendation of Award.pdf B 2o-tu upr.oor E ltemAoprovrlsheet html Motions Motion rr^1:^_- m, 1 rr r Motion- ----- Motion Text Made By Seconded Byt YPe -'---- -'t Result Motion to approve. Approve Mr. Fennoy out. commissioner commissioner Motion passes 9_0. Sammie Sias Brandon Garrett Passes 33. Motion to approve award of Street Light Poles & Fixtures Annual Contract to Graybar Electric Company. Bid Item # 2l-037. The estimated annual cost is $75,000.00. Award is contingent upon receipt of signed contracts and Item required insurance documents. . Requested by AED Action: Approved B Aeenda Item Bid Street Lisht Poles and Fixtures Gravbar Packet 11.20.2020.odf E Invitation-To-Bid.ndf B Mail Labet 2l-o3z.odf B ltemAnorovalsheet.html Motions Hi:' Motion Text Made By seconded By f.'rlilI ype ^ Motion to approve. Commissioner CommissionerApprove Motion Passes 10-0. Sammie Sias Brandon Garrett rasses 34. Motion to approve supplemental funding for on-call engineering services by Item Alfred Benesch & Company for Utilities Department on Fort Gordon. Action: Approved E Benesch Supplement - Internal Memo.pdf B Benesch Supplement - Proposal.pdf B Benesch Supplement - PO# P3l3469.pdf E ItemApprovalsheet.html Motions []j*1'" Motion Text Made By seconded By f;liirype Motion to approve. rt^*.^:^^:^.^^- A Approve ffii*;:fr!.; ff##,:'Ji*.' ;:#ffi'#.::* passes SUBCOMMITTEE Pension Committee 35. MOTION TO APPROVE A RESOLUTION ADOPTING AN ItCM AMENDMENT MADE BY TFIE BOARD OF TRUSTEES OF TTM, ACtiON: GEORGIA MUNICIPAL EMPLOYEES BENEFIT SYSTEM ("GMEBS") Approved TO THE RESTATED GMEBS MASTER DEFINED BENEFIT RETIREMENT PLAN DOCUMENT ("MASTER PLAN") fN Tlm YEAR 2020. B 2020-0t-t2 GMEBsResolution-2020amendment.pdf E 2020-01-12 GMA Resolution to Amend DB plan Amendmetrt 2 9.25.2020 signed.pdf e ItemApprovalsheet.html Motions Motion r,^4:^- '-rt^--a f,r r n Motion- ----- Motion Text Made By Seconded ByI YPe ''---- -r Result Motion to approve. Approve Mr. Fennoyout. Commissioner Commissioner Motion passes 9-0. Sammie Sias Brandon Garrett Passes APPOINTMENT(S) 36. Motion to approve the appointment of Dr.Thomas W. Kiernan to the Item unexpired term due to the resignation of Dr. Blackwood ending December Action:21,2027. Approved E 2020-01-12 BOH Appt. Kiernen.pdf lB ItemAoorovalsheet.html Motions X:jt1"Il Motion Text Made By seconded By Motion'l'YPe -'---- -' Result Motion to approve. Approve Mr. Fennoy out. commissioner commissioner Motion passes 9-0. Sammie Sias Brandon Garrett Passes ADMINISTRATOR 37. l. Administrator's Report. Item2. 2021Meeting Agenda. Action: Approved lB ItcmAoorovalsheet.html Motions Motion Motion Text Made Seconded Motion r YPe By By Result It was the consensus of the Commission that this item be received as information. 38. Motion to approve the Intergovernmental sales tax agreement between Item Augusta and the cities of Blythe and Hephzibah for the distribution of Action: Special Purpose Local Option Sales Taxes (SPLOST) generated from the Approved SPLOST phase 8 referendum. Authorize the Mayor to execute the approved agreement. E Intersovernmental Sales Tax Asreement 20Aususta SPLOST 55840287 l.odf B ltemApprovalsheet.html Motions f#:"" Motion rext ^ Motion to approve.Approve Motion Passes l0-0. fr"J:" Motion rext Made By Commissioner Ben Hasan Motion Result Passes Motion Result Seconded By Commissioner Brandon Garrett 39.Motion to approve extending the relaxation of accrual leave limits through Item June 30,2021. Action: Approved E 2020-01-12 Vacation Accrual Administrator,pdf IE ItemAoprovalsheet html Motions Made By Seconded By Motion to approve' commissioner commissionerApprove Mr. Fennoy out. Sammie Sias Brandon Garrett Passes Motion Passes 9-0. OTHER BUSINESS 40. Motion to approve ratifuing $25,000 funding to assist Greater Augusta's Item Interfaith Coalition's Total Census Count Initiative. To support census Action: responses from hard to count citizens and the support for 15 sites of activities Approved for respondents of the local Census Count funded from the 2020 Contingency Fund. (Requested by Commissioner Bill Fennoy deferred from the November 17r2020) B ltemAoorovalSheet.html Motions Motion Motion Text Type Motion to approve. Mr. Fennoy out. Voting No: ^ CommissionerAPProve John clarke, Commissioner Mary Davis. Motion Passes 7-2. E 2020-01-12 Mavor Pro Tem Frantom.pdf E ItemAnnrovalsheet.html Motions Motion Motion Text'r'ype Motion to approve making alcohol payments quarterly payments, to extend the business license deadline to June 30,2021, waive all fees and penalties until those ^ ---^_.^ effective dates, forADDTOVC"rr- -'- business licenses give a reduction of l5Yo which is to be for two years and to waive the alcohol license fee for 2021 of the Convention & Visitors Bureau. Motion Passes 10-0. Made By Seconded By Motion Result Commissioner Sammie Sias Commissioner Brandon Passes Garreff 41. Discuss proposal for small business relief program for licenses and fees for Item the 2021calendar year. (Requested by Mayor Pro Tem Frantom) Action: Approved Made By Commissioner Bobby Williams seconded By Htjil CommissionerWilliam Passes Fennoy 42.Discuss the Municode Implementation Mayor Hardie Davis, Jr.) by Item Action: Approved tB 2020-01-12 R. lltayor s Asenda ltem.pdf for Augusta, GA. (Requested B ltemApprovalsheet,html Motions Motion-^--'-" Motion Text'l'ype Made By Seconded By Motion Result Motion to approve giving the Attorney's Office 120 days beginning January 1, r,^**:^^:^.^ Commissioner Approve 202r tocomplete the commissioner f,-*il .- - passes implementation of the Ben Hasan Garrett Municode implementation. Motion Passes l0-0. 43. Motion to approve the Augusta-Richmond non-discrimination ordinance. Item (Requested by Mayor Hardie Davis, Jr.) Action: Approved lB ItemAnorovalsheet.html Motions Motion Motion Text'l'ype Motion to approve tasking the Attorney to proceed with drafting a non discrimination ordinance and then hold Approve public hearings to receive input from the general public followed by a review by the Commission. Motion Passes 9-0. 44. Receive a report and presentation Monuments, Street Names, and Hardie Davis, Jr.) Seconded By fffiiMade By Commissioner Sammie Sias Commissioner William Passes Fennoy from the Task Force on Confederate Item Landmarks. (Requested by Mayor Action: Rescheduled E ltemApprovalsheet.html Motions Motion Made Seconded Motion - """" Motion TextType rvrvrrvtr r v^r By By Result It was the consensus of the Commission that this item be considered at the next Commission meeting in January. ADDENDUM 45. Motion to approve a Resolution to enter Contract with Bateman ltem Community Living, LLC d.b.a. Trio Community Meals. Action: Rescheduled B Resolution for CSRARC Aueusta.Richmond Co (002).pdf E ltemAoorovalsheet html Motions Motion Made Seconded Motioni;;;" Motion rext By By Result It was the consensus of the Commission that this item be considered in January for the ratification of the approval of the contract. 46. Motion to approve awarding contract to S&ME, Inc. for RFP ltem #20-176 Item Geotechnical Testing Services. (No action taken at 11117120 meeting) Action: None E 20-176 Geotech Testing-Memo-Recommendation-S ME-siqned.pdf E 20-176 Draft G€otech Services Cotrtract.docx B 20-176 RFP - Invitation Sent to Pap€r.pdf B zo-tzo tan.por B 20-176 Cumutative.pdf B Process Reqarding RFPs.pdf lH Mril List and Demandstar Planholders.pdf B Georgia Procurement Registry Vendor Summary.pdf E ltemApprovalsheet.html Motions Motion Motion Text Made Seconded MotionTYPe By By Result Unanimous consent was not given to add this item to the agenda. 47. Motion to extend the purchase order (PO) to Duke's Root Control Bid 18-262 ltem for the combined grease, odor management, and root control for mainline Action: gravity sewer lines. None IB Duke s Root Control-P370652 Purchese Order.odf E ltemAoorovalsheet.html Motions Motion tr ,. m Made Seconded Motioniil Motion Text By By Resurt Unanimous consent was not given to add this item to the agenda. 48. Update of the Joint Solid Waste Management Plan (Augusta, Georgia, City of Item Blythe, Georgia, and City of Hephzibah, Georgia) 2008-2017 to cover the Action: years 2019-2028. None B Aususta SWP FIN DRAFT -Item17-246V12 for Final Review.ndf Motions Motion f,r .. Made Seconded Motioniil- Motion Text By By Resurt Unanimous consent was not given to add this item to the agenda. 49. Motion to approve naming the city park at the aorner of Telfair Street and Item Tubman Street in honor of the late Vernon Forest. (Requested by Action: Commissioner Bill Fennoy) None B ItemAoorovalsheet.html Motions Motion Text Motion Made Seconded Motion Type BY BY Result Unanimous consent was not given to add this item to the agenda. 50. Update from the Utilities Department on the Sanitary Sewer Connection Item Program - areas serviced, scheduled areas, and future scheduled areas. Action: (Deierred from the November 4, 17, 2020 meetings; requested by None Commissioner Bill Fennoy) lB ItemApprovrlsheet.html Motions Motion Made Seconded Motion i;;" Motion Text By By Result Unanimous consent was not given to add this item to the agenda. 51. Motion to approve the appointment of Ms. Brenda Garman to the Augusta- Item Richmond County Library Board of Trustees representing District 3. Action: (Requested by Commissioner Mary Davis) None B ltemAoorovalsheet html Motions Motion Made Seconded Motion i;;" Motion Text By By Resurt Unanimous consent was not given to add this item to the agenda. 52. Motion to waive the liquor license fee for the CVB in the amount of $2190.00 ltem as they don't actually sell alcohol and don't have revenue from the samples Action: that are offered. (Requested by Commissioner Mary Davis) None B ItemAoorovalSheet.html Motions Motion Made Seconded Motioniil" Motion Text By By Resurt Unanimous consent was not given to add this item to the agenda. 53. Update on allowing the CVB to have access to the 401 Jail for filming Item requests. (Requested by Commissioner Mary Davis) Action: None E ltemAnnrovelsheet.html Motions Motion Motion Text Made Seconded Motion Type rrrvarvrr rval By By Result Unanimous consent was not given to add this item to the agenda. 54. Discuss the current Richmond County Judicial Circuit. (Requested by Item Commissioner Ben Hasan) Action: None B ItemAoorovelsheet.html Motions Motion Motion Text Made Seconded MotionrYPe By By Result Unanimous consent was not given to add this item to the agenda. 55. Update of the Joint Solid Waste Management Plan (Augusta, Georgia, City of Item Blythe, Georgia and City of Hephzibah, Georgia) 2008-2017 to cover the Action: years 2019-2028. (No action November 17,2020 quorum) None lE ItemAporovalsheet.html Motions Motion Motion Text Made Seconded Motion'rype By By Result Unanimous consent was not given to add this item to the agenda. LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 56. Motion to authorize execution by the Mayor of the affidavit of Item compliance with Georgia's Open Meeting Act. Action: None Upcoming Meetings www.augustaga.qov Commission Meeting Agenda 1/6/2021 2:00 PM Z-20-54 Department:Planning and Development Department:Planning and Development Caption: Z-20-54 – The Augusta, Georgia Planning Commission made no recommendation regarding a petition by Tracy Geter requesting a Special Exception to bring an existing family home day care in to zoning conformance per Section 8-3-(d) and Section 26- 1-(f) of the Comprehensive Zoning Ordinance for Augusta Georgia affecting property containing 0.41 acres and located at 4004 Foreman Court. Tax Map 194-0-149-00-0 - Zoned R-1B (One-family Residential) . DISTRICT 8 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Cover Memo Commission Meeting Agenda 1/6/2021 2:00 PM Augusta Regional Airport 2020 Department: Department: Caption:Discuss the Augusta Regional Airport’s November 2020 Report. (Requested by Commissioner Sammie Sias) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 1/6/2021 2:00 PM Ratification of Bateman Community Contract Sr. Meals Program Department: Department: Caption:Motion to approve ratifying the execution of ARC Senior Nutrition Program Contract with Bateman Community Living, LLC d,b,a, Trio Community Meals. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 1/6/2021 2:00 PM Waive 2021 Alcohol License fees Department: Department: Caption:Motion to waive 2021 Alcohol License fees and associated fees, to refund Alcohol Licensees that have paid all or any portion of the 2021 Alcohol License fees and associated fees, and to extend the expiration date for 2020 Alcohol Licenses and associated licenses to December 31, 2021. (Requested by Commissioner Sean Franton) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 1/6/2021 2:00 PM 2020 - General Fund Trucks Department:Central Services - Fleet Management Department:Central Services - Fleet Management Caption:Motion to approve the purchase of seven pickup trucks, at a total cost of $184,219, for various general fund departments. Bid Item 20-265 Background:The Planning and Development Department – Code Enforcement Division is requesting the purchase of one new Ford F150 to be utilized by a new Code Enforcement Officer hired in 2020. Housing and Community Development is requesting the replacement of a 1998 Ford Ranger, asset number 974041, with 77,725 miles. The Recreation and Parks Department is requesting the replacement of a 1995 Ford F150, asset number 041105, with 91,942 miles. The Central Services Department is requesting the replacement of two trucks; a 1998 Ford F15, asset number 974027, with 112,236 miles and a 2005 Ford F150, asset number 994179, with 185,666 miles. The Engineering Department is requesting the replacement of two trucks; a 2006 Ford F150, asset number 206109, with 157,918 miles and a 2008 Ford F150, asset number 208270, with 156,968 miles. All vehicles presented for replacement meet the approved replacement policy guidelines. Bid Tab Sheets and vehicle evaluations are attached. Analysis:The Procurement Department published a competitive bid using the Demand Star application for 6300GVWR Pickup Truck (Bid #20-265). Invitations to Bid were sent to 21 vendors with two compliant vendors responding. Bid tab sheets are attached for your review. Planning and Development: Allan Vigil Ford - $24,698; Wade Ford – $25,344 Housing Community Development: Allan Vigil Ford - $23,451; Wade Ford – $24,004 Recreation and Central Services: Wade Ford - $26,850; Allan Vigil Ford - $26,921 Engineering: Wade Ford - $27,760; Allan Vigil Ford - $27,760 Cover Memo Financial Impact:: Planning and Development, 1 at $25,344; Housing and Community Development, 1 at $24,004; total of $49,348 to Allan Vigil Ford utilizing capital account; 272-01-6440/54- 22110 Recreation,1 at $26,850; Central Services, 2 at $26,850 each; Engineering, 2 at $27,760 each; total of $136,070 to Wade Ford utilizing capital account; 272-01-6440/54-22110 Alternatives:(1) Approve the request; (2) Do not approve the request Recommendation:Motion to approve the purchase of seven pickup trucks, at a total cost of $184,219, for various general fund departments. Funds are Available in the Following Accounts: 272-01-6440/54-22110 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Department: Planning and Development - Code Enforcement Funds: Capital Outlay 2020 Fleet BID 20-265 Year 2021 2021 Non-Compliant Brand Ford Ford Non-Compliant Model F150 F150 Non-Compliant Delivery Date 90-120 DAYS 12-14 Weeks Non-Compliant Base Price 5.01 20,794.00$ 20,919.00$ Non-Compliant Base Price 5.01B 24,440.00$ 25,600.00$ Non-Compliant 6.14 Cab Steps (black)262.00$ 250.00$ 6.15 Daytime Running Lights 42.00$ 45.00$ 6.16 Power Windows/locks/mirrors Reg + Super 1,088.00$ 1,170.00$ 6.34 Tailgate Step 355.00$ 430.00$ 6.36 Spray Bed Liner 395.00$ 595.00$ 6.43 Delivery Fee 150.00$ 200.00$ 7.03 Tool Box 475.00$ 575.00$ 7.07 Window Tint, reg cab 180.00$ 185.00$ 7.14 County Emergency Package 957.00$ 975.00$ OPTIONS TOTAL 3,904.00$ 4,425.00$ BASE PRICE: 20,794.00$ 20,919.00$ TOTAL FOR OPTIONS AND BASE PRICE 24,698.00$ 25,344.00$ 2021 Ford F-150 (1/2 ton) EXT COLOR: Regular Cab, 6 Cyl, 4X2 SWB oxford white INT COLOR: Equipment included in base price:grey/black 3.3L V6 flex fuel engine 6 speed Automatic Transmission Factory Installed A/C AM-FM Radio Solar Tinted Glass Power Steering/ABS Brakes Rear View back up camera Vynyl 40/20/40 Bench seat Rubber Floor Covering Full Size Spare/Step bumper Step Bumper Auto Lamp Headlights Short Bed (6.5 ft.) 6300 GVWR P245/70RX17 Tires Rain Sensing wipers 2021 Ford F-150 (1/2 ton) Crew Cab, 6 Cyl, 4X2 SWB Equipment included in base price: 3.3L V6 flex fuel engine 6 speed Automatic Transmission Factory Installed A/C AM-FM Radio Solar Tinted Glass Power Steering/ABS Brakes Rear View back up camera Vynyl 40/20/40 Bench seat Rubber Floor Covering Full Size Spare/Step bumper Step Bumper Auto Lamp Headlights Short Bed (5.5 ft.) 6300 GVWR P245/70RX17 Tires Rain Sensing wipers 5.02 5.01 FOR ALL DEPARTMENTS- Pickup Truck 6300 GVWR-BIDS OPENED 10/21/2020 @ 3:00 Master Buick GMC Allan Vigil Ford Wade Ford Department: Housing and Community Development Funds: Capital Outlay 2020 Fleet BID 20-265 Year 2021 2021 Non-Compliant Brand Ford Ford Non-Compliant Model F150 F150 Non-Compliant Delivery Date 90-120 DAYS 12-14 Weeks Non-Compliant Base Price 5.01 20,794.00$ 20,919.00$ Non-Compliant Base Price 5.01B 24,440.00$ 25,600.00$ Non-Compliant 6.14 Cab Steps (black)262.00$ 250.00$ 6.15 Daytime Running Lights 42.00$ 45.00$ 6.16 Power Windows/locks/mirrors Reg + Super 1,088.00$ 1,170.00$ 6.36 Spray Bed Liner 395.00$ 595.00$ 6.43 Delivery Fee 150.00$ 200.00$ 7.01 Fire Extinguisher 65.00$ 65.00$ 7.03 Tool Box 475.00$ 575.00$ 7.07 Window Tint, reg cab 180.00$ 185.00$ OPTIONS TOTAL 2,657.00$ 3,085.00$ BASE PRICE: 20,794.00$ 20,919.00$ TOTAL FOR OPTIONS AND BASE PRICE 23,451.00$ 24,004.00$ 2021 Ford F-150 (1/2 ton) EXT COLOR: Regular Cab, 6 Cyl, 4X2 SWB oxford white INT COLOR: Equipment included in base price:gray/dark 3.3L V6 flex fuel engine 6 speed Automatic Transmission Factory Installed A/C AM-FM Radio Solar Tinted Glass Power Steering/ABS Brakes Rear View back up camera Vynyl 40/20/40 Bench seat Rubber Floor Covering Full Size Spare/Step bumper Step Bumper Auto Lamp Headlights Short Bed (6.5 ft.) 6300 GVWR P245/70RX17 Tires Rain Sensing wipers 2021 Ford F-150 (1/2 ton) Crew Cab, 6 Cyl, 4X2 SWB Equipment included in base price: 3.3L V6 flex fuel engine 6 speed Automatic Transmission Factory Installed A/C AM-FM Radio Solar Tinted Glass Power Steering/ABS Brakes Rear View back up camera Vynyl 40/20/40 Bench seat Rubber Floor Covering Full Size Spare/Step bumper Step Bumper Auto Lamp Headlights Short Bed (5.5 ft.) 6300 GVWR P245/70RX17 Tires Rain Sensing wipers 5.02 5.01 FOR ALL DEPARTMENTS- Pickup Truck 6300 GVWR-BIDS OPENED 10/21/2020 @ 3:00 Master Buick GMC Allan Vigil Ford Wade Ford Department: Recreation & Central Services Funds: Capital Outlay 2020 Fleet BID 20-265 Year 2021 2021 Non-Compliant Brand Ford Ford Non-Compliant Model F150 F150 Non-Compliant Delivery Date 90-120 DAYS 12-14 Weeks Non-Compliant Base Price 5.01 20,794.00$ 20,919.00$ Non-Compliant Base Price 5.01B 24,440.00$ 25,600.00$ Non-Compliant 6.06 Super Cab (6.5 ft. bed)2,525.00$ 1,446.00$ 6.14 Cab Steps (black)262.00$ 250.00$ 6.16 Power Windows/locks/mirrors Reg + Super 1,088.00$ 1,170.00$ 6.19 Trailer Tow Package includes 6.26 897.00$ 1,090.00$ 6.36 Spray Bed Liner 395.00$ 595.00$ 6.43 Delivery Fee 150.00$ 200.00$ 7.01 Fire Extinguisher 65.00$ 65.00$ 7.03 Tool Box 475.00$ 575.00$ 7.04 Trailer Hitch requires 6.18 or 6.19 45.00$ 295.00$ 7.05 Trailer Wiring 6.18 or 6.19 INCL 7.04 7.06 Trailer Ball 30.00$ 50.00$ 7.08 Window Tint, ext cab 195.00$ 195.00$ OPTIONS TOTAL 6,127.00$ 5,931.00$ BASE PRICE: 20,794.00$ 20,919.00$ TOTAL FOR OPTIONS AND BASE PRICE 26,921.00$ 26,850.00$ 2021 Ford F-150 (1/2 ton) EXT COLOR: Regular Cab, 6 Cyl, 4X2 SWB oxford white INT COLOR: Equipment included in base price:grey/dark 3.3L V6 flex fuel engine 6 speed Automatic Transmission Factory Installed A/C AM-FM Radio Solar Tinted Glass Power Steering/ABS Brakes Rear View back up camera Vynyl 40/20/40 Bench seat Rubber Floor Covering Full Size Spare/Step bumper Step Bumper Auto Lamp Headlights Short Bed (6.5 ft.) 6300 GVWR P245/70RX17 Tires Rain Sensing wipers 2021 Ford F-150 (1/2 ton) Crew Cab, 6 Cyl, 4X2 SWB Equipment included in base price: 3.3L V6 flex fuel engine 6 speed Automatic Transmission Factory Installed A/C AM-FM Radio Solar Tinted Glass Power Steering/ABS Brakes Rear View back up camera Vynyl 40/20/40 Bench seat Rubber Floor Covering Full Size Spare/Step bumper Step Bumper Auto Lamp Headlights Short Bed (5.5 ft.) 6300 GVWR P245/70RX17 Tires Rain Sensing wipers 5.02 5.01 FOR ALL DEPARTMENTS- Pickup Truck 6300 GVWR-BIDS OPENED 10/21/2020 @ 3:00 Master Buick GMC Allan Vigil Ford Wade Ford Department: Engineering Funds: Capital Outlay 2020 Fleet BID 20-265 Year 2021 2021 Non-Compliant Brand Ford Ford Non-Compliant Model F150 F150 Non-Compliant Delivery Date 90-120 DAYS 12-14 Weeks Non-Compliant Base Price 5.01 20,794.00$ 20,919.00$ Non-Compliant Base Price 5.01B 24,440.00$ 25,600.00$ Non-Compliant 6.06 Super Cab (6.5 ft. bed)2,525.00$ 1,446.00$ 6.14 Cab Steps (black)262.00$ 250.00$ 6.16 Power Windows/locks/mirrors Reg + Super 1,088.00$ 1,170.00$ 6.19 Trailer Tow Package includes 6.26 897.00$ 1,090.00$ 6.36 Spray Bed Liner 395.00$ 595.00$ 6.43 Delivery Fee 150.00$ 200.00$ 7.03 Tool Box 475.00$ 575.00$ 7.04 Trailer Hitch requires 6.18 or 6.19 45.00$ 295.00$ 7.05 Trailer Wiring 6.18 or 6.19 INCL 7.04 7.06 Trailer Ball 30.00$ 50.00$ 7.08 Window Tint, ext cab 195.00$ 195.00$ 7.14 County Emergency Package 957.00$ 975.00$ OPTIONS TOTAL 7,019.00$ 6,841.00$ BASE PRICE: 20,794.00$ 20,919.00$ TOTAL FOR OPTIONS AND BASE PRICE 27,813.00$ 27,760.00$ 2021 Ford F-150 (1/2 ton) EXT COLOR: Regular Cab, 6 Cyl, 4X2 SWB oxford white INT COLOR: Equipment included in base price:grey/dark 3.3L V6 flex fuel engine 6 speed Automatic Transmission Factory Installed A/C AM-FM Radio Solar Tinted Glass Power Steering/ABS Brakes Rear View back up camera Vynyl 40/20/40 Bench seat Rubber Floor Covering Full Size Spare/Step bumper Step Bumper Auto Lamp Headlights Short Bed (6.5 ft.) 6300 GVWR P245/70RX17 Tires Rain Sensing wipers 2021 Ford F-150 (1/2 ton) Crew Cab, 6 Cyl, 4X2 SWB Equipment included in base price: 3.3L V6 flex fuel engine 6 speed Automatic Transmission Factory Installed A/C AM-FM Radio Solar Tinted Glass Power Steering/ABS Brakes Rear View back up camera Vynyl 40/20/40 Bench seat Rubber Floor Covering Full Size Spare/Step bumper Step Bumper Auto Lamp Headlights Short Bed (5.5 ft.) 6300 GVWR P245/70RX17 Tires Rain Sensing wipers 5.02 5.01 FOR ALL DEPARTMENTS- Pickup Truck 6300 GVWR-BIDS OPENED 10/21/2020 @ 3:00 Master Buick GMC Allan Vigil Ford Wade Ford Invitation to Bid Sealed bids will be received at this office until Wednesday, October 21, 2020 @ 3:00 p.m. via ZOOM Meeting ID: 994 6797 8765 Password: 008026 for furnishing for: Bid Item #20-265 6300GVWR Pickup Truck – Augusta, GA - Central Services Department – Fleet Maintenance Bid Item #20-266 2021 Midsize SUV 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 Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department (706-821-2422). 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, October 9, 2020 @ 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 ninety (90) 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 September 17, 24, October 1, 8, 2020 Metro Courier September 17, 2020 OFFICIAL 0 Vendors MASTER BUICK GMC INC. 3710 WASHINGTON ROAD AUGUSTA, GA 30907 ALLAN VIGIL FORD LINCOLN 6790 MT ZION BLVD MORROW, GA. 30260 WADE FORD 3860 SOUTH COBB DRIVE SMYRNA, GA 30080 Attachment B YES NO Business License Non-Compliant Yes Yes E-Verify Number 665555 94460 314470 SAVE Form Yes Yes Yes 5.01 2020 Pickup Truck, (1/2 Ton) 6300 GVWR, Regular Crew Cab, 6 Cyl $24,974.00 $20,794.00 $20,919.00 5.01 2020 Pickup Truck, (1/2 Ton) 6300 GVWR, Crew Cab, 6 Cyl $31,054.00 $24,440.00 $25,600.00 6.01 5.0L V8 Flex Fuel Engine $1,495.00 $1,836.00 $1,995.00 6.02 3.5L V6 EcoBoost NB $2,388.00 $2,595.00 6.03 2.7L V6 EcoBoost NB $1,125.00 $1,195.00 6.04 Long Bed (8ft)NC $295.00 $300.00 6.05 Extended range fuel tank NA $410.00 $445.00 6.06 Super Cab (6.5ft Bed)$34,654.00 $2,525.00 $22,365.00 6.07 Super Cab (8ft Bed)NA $3,600.00 $22,765.00 6.08 4x4 Option Regular Cab $29,574.00 $3,495.00 $3,400.00 6.09 4x4 Option Crew Cab $34,354.00 $3,045.00 $2,700.00 6.09 Skid Plates (4x4 Only)$150.00 $155.00 $160.00 6.10 Crew Cab XL SWB NA See 5.1B $25,600.00 6.11 Crew Cab XL LWB NA $24,440.00 plus $975.00 $26,000.00 6.12 Limited Slip Axle $395.00 $525.00 $570.00 6.14 Cab Steps $850.00 $262.00 $250.00 6.15 Daytime Running Lights NC $42.00 $45.00 6.16 Power Windows/Locks/Mirrors $1,444.00 $1,088.00 $1,170.00 6.17 Power Seat $290.00 $345.00 $350.00 6.18 Class IV Hitch (w/o tow pkg)NB $189.00 $205.00 6.19 Trailer Tow Pkg $395.00 $897.00 $1,090.00 6.20 Trailer Tow Pkg (w/101A pkg)NB NA $1,090.00 6.21 Tow Mirrors w/spolights $490.00 $495.00 $395.00 5.00 Vehicle/Options Required 6.00 Manufacturer Options: Total Number Specifications Mailed Out: 21 Total Number Specifications Download (Demandstar): 1 Total Electronic Notifications (Demandstar): 15 Georgia Procurment Registry: 0 Total packages submitted: 2 Total Noncompliant: 1 Bid Item #20-265 6300GVWR Pickup Truck Augusta, GA Central Services Department Fleet Maintenance Bid Opening Date: Wednesday, October 21, 2020 @ 3:00 p.m. Page 1 of 3 OFFICIAL 0 Vendors MASTER BUICK GMC INC. 3710 WASHINGTON ROAD AUGUSTA, GA 30907 ALLAN VIGIL FORD LINCOLN 6790 MT ZION BLVD MORROW, GA. 30260 WADE FORD 3860 SOUTH COBB DRIVE SMYRNA, GA 30080 Total Number Specifications Mailed Out: 21 Total Number Specifications Download (Demandstar): 1 Total Electronic Notifications (Demandstar): 15 Georgia Procurment Registry: 0 Total packages submitted: 2 Total Noncompliant: 1 Bid Item #20-265 6300GVWR Pickup Truck Augusta, GA Central Services Department Fleet Maintenance Bid Opening Date: Wednesday, October 21, 2020 @ 3:00 p.m. 6.22 XL w/Power W-L-M, SYNC AM/FM/CD Cruise Control NB $2,070.00 $2,280.00 6.23 Cruise Control &SYNC $225.00 $215.00 $225.00 6.24 40-20-40 Cloth Split Bench NC NC $75.00 6.25 Cloth Buckets w/Console NB $275.00 $295.00 6.26 Electric Brake Controller $275.00 $265.00 $275.00 6.27 Fog Lighhts NB $135.00 $140.00 6.28 Carpet w/Mats $300.00 $140.00 $145.00 6.29 XL SSV Package NB $46.00 $50.00 6.30 XLT Package NB $5,110.00 $3,660.00 6.31 Rear Window Defroster & Bumpers NB $305.00 $220.00 6.32 Aluminum Wheels & Bumpers $350.00 $740.00 $706.00 6.33 Box Side Steps NB NA Not availble 2021 6.34 Tailgate Step NC $355.00 $430.00 6.35 Reverse Sensing $295.00 $255.00 $275.00 6.36 Spray-In $545.00 $395.00 $595.00 6.37 Exterior Color Not Included in Base Price Color:_____________NB $660.00 $650.00 6.38 Exterior Color Not Included in Base Price Color:_____________NB $660.00 $650.00 6.39 Exterior Color Not Included in Base Price Color:_____________NB $660.00 $650.00 6.40 Interior Color Not Included in Base Price Color:_____________NB $660.00 $650.00 6.41 Interior Color Not Included in Base Price Color:_____________NB $660.00 $650.00 6.42 Interior Color Not Included in Base Price Color:_____________NB 6.43 Delivery Fee Per Vehicle NC $150.00 $200.00 7.01 Fire Extinguisher NB $65.00 $65.00 7.02 Outlet receptacle NB $75.00 $75.00 7.03 Toolbox $600.00 $475.00 $575.00 7.04 Trailer hitch NB $45.00 $295.00 7.00 Outfitter's Specialty Items: Page 2 of 3 OFFICIAL 0 Vendors MASTER BUICK GMC INC. 3710 WASHINGTON ROAD AUGUSTA, GA 30907 ALLAN VIGIL FORD LINCOLN 6790 MT ZION BLVD MORROW, GA. 30260 WADE FORD 3860 SOUTH COBB DRIVE SMYRNA, GA 30080 Total Number Specifications Mailed Out: 21 Total Number Specifications Download (Demandstar): 1 Total Electronic Notifications (Demandstar): 15 Georgia Procurment Registry: 0 Total packages submitted: 2 Total Noncompliant: 1 Bid Item #20-265 6300GVWR Pickup Truck Augusta, GA Central Services Department Fleet Maintenance Bid Opening Date: Wednesday, October 21, 2020 @ 3:00 p.m. 7.05 Trailer wiring $200.00 Included 6.18 or 6.19 Comes with hitch 7.04 7.06 Trailer ball NB $30.00 $50.00 7.07 Window Tint Reg Cab $120.00 $180.00 $185.00 7.08 Window Tint Extended Cab $120.00 $195.00 $195.00 7.09 Window Tint Crew Cab $120.00 $215.00 $205.00 7.10 Add on step NB $275.00 $780.00 7.11 Backup larm NB $85.00 $75.00 7.12 Drill Free Light Bar Cab Mt NB $797.00 $805.00 7.13 Led top mount light NB $682.00 $690.00 7.14 County Emergency Equip Pk NB $957.00 $975.00 7.15 Fire Emergency Equipment Pkg.NB $2,084.00 $2,105.00 Year 2021 2021 2021 Make GMC Ford Ford Model Sierra F150 F150 Approximate Delivery Time:12-16 Weeks 90-120 days 12-14 Wks +3 Wks for equipment Exceptions Noted Yes Yes 3rd key w/remote $225.00 Yes 2021 6300GVWR Pickup Truck: Page 3 of 3 Commission Meeting Agenda 1/6/2021 2:00 PM 2020 - Solicitor & Marshal Vehicles Department:Central Services - Fleet Management Department:Central Services - Fleet Management Caption:Motion to approve the purchase of seven Dodge Chargers at a total cost of $225,266 from Thomson Motor Center. Bid Item 20-242 Background:The Solicitor’s Office is requesting the purchase of one new Dodge Charger to be utilized by a new investigator position approved for the 2020 budget year. The Marshal’s Office is requesting the purchase of six Dodge Chargers; five vehicles will be utilized by new deputy positions approved for the 2020 budget year and one vehicle will replace a 2005 Ford Crown Victoria, asset number 205074, with 142,571 miles. Analysis:The Procurement Department published a competitive bid using the Demand Star application for 2021 Dodge Charger Automobile, Police Model (Bid #20-242). Invitations to bid were sent to nine vendors with one vendor responding. Bid Tab Sheets are attached for your review. 2021 Dodge Charger, Administrative Package: Thomson Motor Centre - $29,264 2021 Dodge Charger, Marshal Package: Thomson Motor Centre - $32,667 Financial Impact:One Dodge Charger, Administrative Package, at $29,264 and six Dodge Chargers, Marshal Package, at $32,667.00 each (totaling $196,002.00). Total of $225,266 to Thomson Motor Centre utilizing SPLOST 7 account; 329-03-1310/54.22110 Alternatives:(1) Approve the request; (2) Do not approve the request Recommendation:Approve the purchase of seven Dodge Chargers at a total cost of $225,266 from Thomson Motor Center. 329-03-1310/54.22110 - JL 216036001 Cover Memo Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo 20-242 Year: 2021 Make: Dodge Model: Charger Police Model DELIVERY:120 Days ARO Base Price (5.01 Admin Package) $29,264.00 Base Price (5.02 Civil Package) $30,138.00 Base Price (5.03 Marshal Package) $32,667.00 Base Price (5.04 Patrol Package V8) $33,374.00 Base Price (5.05 Traffic Package V8) $35,004.00 Base Price (5.06 Patrol Package V6) $35,070.00 Base Price (5.07 Traffic Package V6) $36,700.00 6.01 HEMI 5.7 Liter Engine N/A 6.02 All-Wheel Drive V-6 Only 6.03 Special Exterior Paint Colors (Each)$450.00 6.04 Police Charger "Convenience group"$432.00 6.05 Park Assist Group STANDARD 6.06 Blind Spot Monitoring $316.00 6.00 Optional Items FOR ALL DEPARTMENTS-DODGE CHARGE POLICE MODEL - BID OPENING 10/05/20 @ 2:00pm Thomson Motor Centre, Inc. Invitation to Bid Sealed bids will be received at this office until Monday, October 5, 2020 @ 2:00 p.m. via ZOOM Meeting ID: 945 8753 8976 Passcode: 465304 for furnishing for: Bid Item #20-242 2021 Dodge Charger Automobile, Police Model – 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 Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department (706-821-2422). All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, September 18, 2020 @ 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 ninety (90) 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 August 27, September 3, 10, 17, 2020 Metro Courier August 27, 2020 OFFICIAL Bid Opening Item #20-242 2021 Dodge Charger Automobile Police Model for Augusta, Georgia- Central Services Department- Fleet Maintenance Division Bid Due: Monday, October 5, 2020 @ 2:00 p.m. VENDORS THOMSON MOTOR CENTRE 2158 WASHINGTON RD NE THOMSON, GA 30824 Attachment B YES E-Verify Number 369935 SAVE Form YES 5.01 Administrative Package-Police Model Charger $29,264.00 5.02 Civil Package Police Model Charger $30,138.00 5.03 Marshal Package Police Model Charger $32,667.00 5.04 Patrol Package V8 Police Model Charger $33,374.00 5.05 Traffic Package V8 Police Model Charger $35,004.00 5.06 Patrol Package V6 Police Model Charger $35,070.00 5.07 Traffic Package V6 Police Model Charger $36,700.00 6.01 HEMI 5.7 Liter engine N/A 6.02 All-wheel drive V6 ONLY Total Number Specifications Mailed Out: 9 Total Number Specifications Download (Demandstar): 2 Total Electronic Notifications (Demandstar): 18 Georgia Registry: 384 Total packages submitted: Total Non-Compliant: VEHICLE/OPTIONS REQUIRED 6.00 OPTIONAL ITEMS Page 1 of 2 OFFICIAL Bid Opening Item #20-242 2021 Dodge Charger Automobile Police Model for Augusta, Georgia- Central Services Department- Fleet Maintenance Division Bid Due: Monday, October 5, 2020 @ 2:00 p.m. VENDORS THOMSON MOTOR CENTRE 2158 WASHINGTON RD NE THOMSON, GA 30824 Total Number Specifications Mailed Out: 9 Total Number Specifications Download (Demandstar): 2 Total Electronic Notifications (Demandstar): 18 Georgia Registry: 384 Total packages submitted: Total Non-Compliant: 6.03 Special exterior paint colors each $450.00 6.04 Police Charger “Convenience Group” $432.00 6.05 Park Assist Group Standard 6.06 Blind Spot Monitoring $316.00 Delivery Schedule 120 days from PO Page 2 of 2 Commission Meeting Agenda 1/6/2021 2:00 PM 2021 - Utilities Department Sewer Vacuum Lease Department:Central Services Department - Fleet Management Division Department:Central Services Department - Fleet Management Division Caption:Motion to approve the lease of two sewer vacuum trucks for the Augusts Utilities Department - Construction and Maintenance Division from Environmental Products of Georgia in the amount of $829,894.00 and authorize the Mayor and Law Department to execute any necessary documents, · Background:The Augusta Utilities Department-Construction and Maintenance Division would like approval to lease two sewer vacuum trucks under a four year contract. The current lease of two Sewer Vacuum Trucks (Asset #’s 217207 and 217208), approved in 2017, will expire in August 2021 and must be replaced as the need for the equipment still exists. The need to start the process early allows for the vehicles to get ordered in time, lock in the pricing and allow for all the documentation to be completed prior to the expiration of the lease. The vacuum trucks are used for cleaning and maintaining the sewer system to prevent blockages that occur in the main sewer line. This can result in backups into homes, businesses and other customer facilities that are connected to the wastewater collection system and to prevent sanitary sewer overflows which can be harmful to both the public and the environment. The lease includes the implementation of a full maintenance program due to the specialty requirements of these vehicles. The cost of maintaining this equipment if it was owned outright by the city after four years increases exponentially as they experience major degradation due to the nature of their use. Personnel who maintain the vehicles have to be uniquely qualified to perform the service and the parts to upkeep and repair are exceedingly expensive. The department feels the lease would allow them to obtain two units with the full maintenance program at a portion of the straight purchase price. The two new units would help significantly in staying abreast of the sewer drain maintenance requirements of the Augusta area, therefore enabling them to Cover Memo meet their compliance requirements. We have included details of the financial quote for your review. Analysis:The Procurement Department published a competitive bid using the Demand Star national electronic bid application for Sewer Vacuum Trucks with the following results: Bid 20-261 Sewer Vacuum Truck: 2021 Vactor 2115i – Environmental Products of Georgia - $414,947.00 x 2 = 829,894.00; Sewer Vacuum Truck: 2021 Freightliner 114SD – Jet-Vac Company, LLC - $403,451.00 x 2 = $806,902.00 (Non-Compliant) Environmental Products of Georgia 4 year lease program details as follows: 48 Mo Lease = Four (4) annual payments of $164,046.94 48 Mo Maintenance Contract = Four (4) annual payments of $24,000 Lease end options: (1) To purchase trucks for $124,484.00 each, (2) allow lease to expire with the vendor paying the final $248,968.00 balloon payment, or (3) renew another lease Financial Impact:The trucks will be leased through the use of the department’s enterprise funds. The total lease cost for the new trucks with full maintenance contract will be for a total of $829,894.00. The equipment will be purchased with department enterprise funds (ACCT# 506-04-3410/58-22110). Alternatives:(1) Approve the request (2) Do not approve the request Recommendation:Approve the request to lease two sewer vacuum trucks with full maintenance contract included from Environmental Products of Georgia. Funds are Available in the Following Accounts: (ACCT# 506-04-3410/58-22110). REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo 20-261 Year: 2021 2021 Make: Vactor Kenworth T-880 Chassis Freightliner Model: 2115i 114SD DELIVERY: February 1, 2021 120-180 days 8.00 Chassis Requirement $414,947.00 $403,451.00 28.17 Maintenance Contract Rate for each vehicle for the 4-year lease period $12,000.00 $5,000.00 Exceptions Yes/Buyback Yes/Alternate Environmental Products Group FOR ALL DEPARTMENTS-VACUUM TRUCK LEASE - BID OPENING 10/5/20 @ 3:00pm Jet-Vac Company, LLC CITY OF AUGUSTA, GEORGIA DOCUMENTATION INSTRUCTIONS The instructions listed below should be followed when completing the enclosed documentation. Please sign in blue ink and print on single sided paper only. Documentation completed improperly will delay funding. If you have any questions regarding the Conditions to Funding, instructions or the documentation, please call us at 800-700-7878. I. Attached Documentation 1. Government Obligation Contract  An authorized individual that is with the Obligor should sign on the first space provided. All original signatures are required for funding. 2. Exhibit A – Description of Equipment  Review equipment description. Complete serial number/VIN if applicable.  List the location where the equipment will be located after delivery/installation. 3. Exhibit B – Payment Schedule  Sign and print name and title 4. Exhibit C - Acceptance of Obligation  Sign and print name and title 5. Exhibit D - Obligor Resolution  Type in the date of the meeting in which the purchase was approved.  Print or type the name and title of the individual(s) who is authorized to execute the Contract.  The secretary, chairman or other authorized board member of the Obligor must sign the Resolution where indicated.  A second authorized individual that is with the Obligor should attest the Resolution where indicated. 6. Exhibit E - Officer’s Certificate  Sign and print name and title  Please list the Source of Funds for the Contract Payments. 7. Exhibit F - Payment Request & Equipment Acceptance Form  Do Not Return until you need to request funds from the Vendor Payable Account. 8. Exhibit G - Signature Card  Sign and print name and title  An additional individual may sign as an authorized individual, if desired. 9. Exhibit H - Obligor Acknowledgement  Complete information as indicated. 10. Exhibit I - Bank Qualified Certificate  Sign and print name and title 11. Notice of Assignment  Sign and print name and title. 12. Insurance Requirements  Complete insurance company contact information where indicated. 13. Debit Authorization – (Preferred)  Complete form and attach a voided check 14. 8038G IRS Form  Please read 8038 Review Form  In Box 2, type Employer Identification Number  Sign and print name and title II. Condition to Funding If, for any reason: (i) the required documentation is not returned by March 24, 2021, is incomplete, or has unresolved issues relating thereto, or (ii) on, or prior to the return of the documentation, there is a change of circumstance, including but not limited to changes in the federal corporate income tax rate or reducing/capping the tax-exempt interest benefit, which adversely affects the expectations, rights or security of the Obligee or its assignees; then Obligee or its assignees reserve the right to withdraw/void its offer to fund this transaction in its entirety. Neither KS StateBank nor Baystone Government Finance is acting as an advisor to the municipal entity/obligated person and neither owes a fiduciary duty pursuant to Section 15B of the Exchange Act of 1934. All documentation should be returned to: Republic First National Corporation 2525 West State Road 114 Rochester, Indiana 46975 GA SFP Non-App BQ VPA GOVERNMENT OBLIGATION CONTRACT Obligor Obligee City of Augusta, Georgia Republic First National Corporation 535 Telfair Street, Suite 800 2525 West State Road 114 Augusta, Georgia 30901 Rochester, Indiana 46975 Dated as of November 20, 2020 This Government Obligation Contract dated as of the date listed above is between Obligee and Obligor listed directly above. Obligee desires to finance the purchase of the Equipment described in Exhibit A to Obligor and Obligor desires to have Obligee finance the purchase of the Equipment subject to the terms and conditions of this Contract which are set forth below. I. Definitions Section 1.01 Definitions. The following terms will have the meanings indicated below unless the context clearly requires otherwise: “Additional Schedule” refers to the proper execution of additional schedules to Exhibit A and Exhibit B, as well as other exhibits or documents that may be required by the Obligee all of which relate to the financing of additional Equipment. “Budget Year” means the Obligor's fiscal year. “Commencement Date” is the date when Obligor's obligation to pay Contract Payments begins. “Contract” means this Government Obligation Contract and all Exhibits attached hereto, all addenda, modifications, schedules, refinancings, guarantees and all documents relied upon by Obligee prior to execution of this Contract. “Contract Payments” means the payments Obligor is required to make under this Contract as set forth on Exhibit B. “Contract Term” means the Original Term and all Renewal Terms. “Exhibit” includes the Exhibits attached hereto, and any “Additional Schedule”, whether now existing or subsequently created. “Equipment” means all of the items of Equipment listed on Exhibit A and any Additional Schedule, whether now existing or subsequently created, and all replacements, restorations, modifications and improvements. “Government” as used in the title hereof means a State or a political subdivision of the State within the meaning of Section 103(a) of the Internal Revenue Code of 1986, as amended (“Code”), or a constituted authority or district authorized to issue obligations on behalf of the State or political subdivision of the State within the meaning of Treasury Regulation 1.103-1(b), or a qualified volunteer fire company within the meaning of section 150(e)(1) of the Code. “Obligee” means the entity originally listed above as Obligee or any of its assignees. “Obligor” means the entity listed above as Obligor and which is financing the Equipment through Obligee under the provisions of this Contract. “Original Term” means the period from the Commencement Date until the end of the Budget Year of Obligor. “Partial Prepayment Date” means the first Contract Payment date that occurs on or after the earlier of (a) the twenty-four month (24) anniversary of the Commencement Date or (b) the date on which Obligor has accepted all the Equipment and all amounts have been disbursed from the Vendor Payable Account to pay for the Equipment. “Purchase Price” means the total cost of the Equipment, including all delivery charges, installation charges, legal fees, financing costs, recording and filing fees and other costs necessary to vest full, clear legal title to the Equipment in Obligor, subject to the security interest granted to and retained by Obligee as set forth in this Contract, and otherwise incurred in connection with the financing of this Equipment. “Renewal Term” means the annual term which begins at the end of the Original Term and which is simultaneous with Obligor's Budget Year and each succeeding Budget Year for the number of Budget Years necessary to comprise the Contract Term. “State” means the state which Obligor is located. “Surplus Amount” means any amount on deposit in the Vendor Payable Account on the Partial Prepayment Date. “Vendor Payable Account” means the separate account of that name established pursuant to Section X of this Contract. II. Obligor Warranties Section 2.01 Obligor represents, warrants and covenants as follows for the benefit of Obligee or its assignees: (a) Obligor is an “issuer of tax exempt obligations” because Obligor is the State or a political subdivision of the State within the meaning of Section 103(a) of the Internal Revenue Code of 1986, as amended, (the “Code”) or because Obligor is a constituted authority or district authorized to issue obligations on behalf of the State or political subdivision of the State within the meaning of Treasury Regulation 1.103-1(b), or a qualified volunteer fire company within the meaning of section 150(e)(1) of the Code. (b) Obligor has complied with any requirement for a referendum and/or competitive bidding. (c) Obligor has complied with all statutory laws and regulations that may be applicable to the execution of this Contract; Obligor, and its officer executing this Contract, are authorized under the Constitution and laws of the State to enter into this Contract and have used and followed all proper procedures of its governing body in executing and delivering this Contract. The officer of Obligor executing this Contract has the authority to execute and deliver this Contract. This Contract constitutes a legal, valid, binding and enforceable obligation of the Obligor in accordance with its terms. (d) Obligor shall use the Equipment only for essential, traditional government purposes. (e) Should the IRS disallow the tax-exempt status of the interest portion of the Contract Payments as a result of the failure of the Obligor to use the Equipment for governmental purposes, or should the Obligor cease to be an issuer of tax exempt obligations, or should the obligation of Obligor created under this Contract cease to be a tax exempt obligation for any reason, then Obligor shall be required to pay additional sums to the Obligee or its assignees so as to bring the after tax yield on this Contract to the same level as the Obligee or its assignees would attain if the transaction continued to be tax-exempt. (f) Obligor has never non-renewed funds under a contract similar to this Contract. (g) Obligor will submit to the Secretary of the Treasury an information reporting statement as required by the Code. (h) Upon request by Obligee, Obligor will provide Obligee with current financial statements, reports, budgets or other relevant fiscal information. (i) Obligor shall retain the Equipment free of any hazardous substances as defined in the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 et. seq. as amended and supplemented. (j) Obligor hereby warrants the General Fund of the Obligor is the primary source of funds or a backup source of funds from which the Contract Payments will be made. (k) Obligor presently intends to continue this Contract for the Original Term and all Renewal Terms as set forth on Exhibit B hereto. The official of Obligor responsible for budget preparation will include in the budget request for each Budget Year the Contract Payments to become due in such Budget Year, and will use all reasonable and lawful means available to secure the appropriation of money for such Budget Year sufficient to pay the Contract Payments coming due therein. Obligor reasonably believes that moneys can and will lawfully be appropriated and made available for this purpose. (l) Obligor has selected both the Equipment and the vendor(s) from whom the Equipment is to be purchased upon its own judgment and without reliance on any manufacturer, merchant, vendor or distributor, or agent thereof, of such equipment to the public. (m) Obligor owns the Equipment and any additional collateral free and clear of any liens, and Obligor has not and will not, during the Contract Term, create, permit, incur or assume any levies, liens or encumbrances of any kind with respect to the Equipmentor any additional collateral except those created by this Contract. Section 2.02 Escrow Agreement. In the event both Obligee and Obligor mutually agree to utilize an Escrow Account, then immediately following the execution and delivery of this Contract, Obligee and Obligor agree to execute and deliver and to cause Escrow Agent to execute and deliver the Escrow Agreement. This Contract shall take effect only upon execution and delivery of the Escrow Agreement by the parties thereto. Obligee shall deposit or cause to be deposited with the Escrow Agent for credit to the Equipment Acquisition Fund the sum of N/A, which shall be held, invested and disbursed in accordance with the Escrow Agreement. III. Acquisition of Equipment, Contract Payments and the Purchase Option Price Section 3.01 Acquisition and Acceptance. Obligor shall be solely responsible for the ordering of the Equipment and for the delivery and installation of the Equipment. The Payment Request and Equipment Acceptance Form must be signed by the same authorized individual(s) who signed the Signature Card, Exhibit G. By making a Contract Payment after its receipt of the Equipment pursuant to this Contract, Obligor shall be deemed to have accepted the Equipment on the date of such Contract Payment for purposes of this Contract. All Contract Payments paid prior to delivery of the Payment Request and Equipment Acceptance Form shall be credited to Contract Payments as they become due as shown on the Contract Payment Schedule attached as Exhibit B hereto. Section 3.02 Contract Payments. Obligor shall pay Contract Payments exclusively to Obligee or its assignees in lawful, legally available money of the United States of America. The Contract Payments shall be sent to the location specified by the Obligee or its assignees. The Contract Payments shall constitute a current expense of the Obligor and shall not constitute an indebtedness of the Obligor. The Contract Payments, payable without notice or demand, are due as set forth on Exhibit B. Obligee shall have the option to charge interest at the highest lawful rate on any Contract Payment received later than the due date for the number of days that the Contract Payment(s) were late, plus any additional accrual on the outstanding balance for the number of days that the Contract Payment(s) were late. Obligee shall also have the option, on monthly payments only, to charge a late fee of up to 10% of the monthly Contract Payment that is past due. Furthermore, Obligor agrees to pay any fees associated with the use of a payment system other than check, wire transfer, or ACH. Once all amounts due Obligee hereunder have been received, Obligee will release any and all of its rights, title and interest in the Equipment. SECTION 3.03 CONTRACT PAYMENTS UNCONDITIONAL. Except as provided under Section 4.01,THE OBLIGATIONS OF OBLIGOR TO MAKE CONTRACT PAYMENTS AND TO PERFORM AND OBSERVE THE OTHER COVENANTS CONTAINED IN THIS CONTRACT SHALL BE ABSOLUTE AND UNCONDITIONAL IN ALL EVENTS WITHOUT ABATEMENT, DIMINUTION, DEDUCTION, SET-OFF, OR SUBJECT TO DEFENSE OR COUNTERCLAIM. Section 3.04 Purchase Option Price. Upon thirty (30) days written notice, Obligor shall have the option to pay, in addition to the Contract Payment, the corresponding Purchase Option Price which is listed on the same line on Exhibit B. This option is only available to the Obligor on the Contract Payment date and no partial prepayments are allowed. If Obligor chooses this option and pays the Purchase Option Price to Obligee then Obligee will transfer any and all of its rights, title and interest in the Equipment to Obligor. Section 3.05 Contract Term. The Contract Term shall be the Original Term and all Renewal Terms until all the Contract Payments are paid as set forth on Exhibit B except as provided under Section 4.01 and Section 9.01 below. If, after the end of the budgeting process which occurs at the end of the Original Term or any Renewal Term, Obligor has renewed as provided for in this Contract then the Contract Term shall be extended into the next Renewal Term and the Obligor shall be obligated to make all the Contract Payments that come due during such Renewal Term. Section 3.06 Disclaimer of Warranties. OBLIGEE MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER WARRANTY WITH RESPECT TO THE EQUIPMENT. OBLIGEE IS NOT A MANUFACTURER, SELLER, VENDOR OR DISTRIBUTOR, OR AGENT THEREOF, OF SUCH EQUIPMENT; NOR IS OBLIGEE A MERCHANT OR IN THE BUSINESS OF DISTRIBUTING SUCH EQUIPMENT TO THE PUBLIC. OBLIGEE SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGE ARISING OUT OF THE INSTALLATION, OPERATION, POSSESSION, STORAGE OR USE OF THE EQUIPMENT BY OBLIGOR. IV. Non-Renewal Section 4.01 Non-Renewal. The Contract shall terminate absolutely and without further obligation on the part of the Obligor at the end of each Budget Year during the Contract Term unless it is automatically renewed as set forth below. If Obligor chooses to not renew, then all obligations of the Obligor under this Contract regarding Contract Payments for all remaining Renewal Terms shall be terminated at the end of the then current Budget Year without penalty or liability to the Obligor of any kind provided that if Obligor has not delivered possession of the Equipment to Obligee as provided herein and conveyed to Obligee or released its interest in the Equipment by the end of the last Budget Year for which Contract Payments were paid, the termination shall nevertheless be effective but Obligor shall be responsible for the payment of damages in an amount equal to the amount of the Contract Payments thereafter coming due under Exhibit B which are attributable to the number of days after such Budget Year during which Obligor fails to take such actions and for any other loss suffered by Obligee as a result of Obligor’s failure to take such actions as required. This Contract will automatically renew at the end of each Budget Year unless positive action is taken by Obligor as evidenced by a resolution passed by the Obligor’s governing body to terminate the Contract. Obligor shall immediately notify the Obligee as soon as the decision to non-renew is made. If such non-renewal occurs, then Obligor shall deliver the Equipment to Obligee as provided below in Section 9.04. Obligor shall be liable for all damage to the Equipment other than normal wear and tear. If Obligor fails to deliver the Equipment to Obligee, then Obligee may enter the premises where the Equipment is located and take possession of the Equipment and charge Obligor for costs incurred. V. Insurance, Damage, Insufficiency of Proceeds Section 5.01 Insurance. Obligor shall maintain both property insurance and liability insurance at its own expense with respect to the Equipment. Obligor shall be solely responsible for selecting the insurer(s) and for making all premium payments and ensuring that all policies are continuously kept in effect during the period when Obligor is required to make Contract Payments. Obligor shall provide Obligee with a certificate of Insurance which lists the Obligee and/or assigns as a loss payee and an additional insured on the policies with respect to the Equipment. (a) Obligor shall insure the Equipment against any loss or damage by fire and all other risks covered by the standard extended coverage endorsement then in use in the State and any other risks reasonably required by Obligee in an amount at least equal to the then applicable Purchase Option Price of the Equipment. Alternatively, Obligor may insure the Equipment under a blanket insurance policy or policies. (b) The liability insurance shall insure Obligee from liability and property damage in any form and amount satisfactory to Obligee. (c) Obligor may self-insure against the casualty risks and liability risks described above. If Obligor chooses this option, Obligor must furnish Obligee with a certificate and/or other documents which evidences such coverage. (d) All insurance policies issued or affected by this Section shall be so written or endorsed such that the Obligee and its assignees are named additional insureds and loss payees and that all losses are payable to Obligor and Obligee or its assignees as their interests may appear. Each policy issued or affected by this Section shall contain a provision that the insurance company shall not cancel or materially modify the policy without first giving thirty (30) days advance notice to Obligee or its assignees. Obligor shall furnish to Obligee certificates evidencing such coverage throughout the Contract Term. Section 5.02 Damage to or Destruction of Equipment. Obligor assumes the risk of loss or damage to the Equipment. If the Equipment or any portion thereof is lost, stolen, damaged, or destroyed by fire or other casualty, Obligor will immediately report all such losses to all possible insurers and take the proper procedures to obtain all insurance proceeds. At the option of Obligee, Obligor shall either (1) apply the Net Proceeds to replace, repair or restore the Equipment or (2) apply the Net Proceeds to the applicable Purchase Option Price. For purposes of this Section and Section 5.03, the term Net Proceeds shall mean the amount of insurance proceeds collected from all applicable insurance policies after deducting all expenses incurred in the collection thereof. Section 5.03 Insufficiency of Net Proceeds. If there are no Net Proceeds for whatever reason or if the Net Proceeds are insufficient to pay in full the cost of any replacement, repair, restoration, modification or improvement of the Equipment, then Obligor shall, at the option of Obligee, either (1) complete such replacement, repair, restoration, modification or improvement and pay any costs thereof in excess of the amount of the Net Proceeds or (2) apply the Net Proceeds to the Purchase Option Price and pay the deficiency, if any, to the Obligee. Section 5.04 Obligor Negligence. Obligor assumes all risks and liabilities, whether or not covered by insurance, for loss or damage to the Equipment and for injury to or death of any person or damage to any property whether such injury or death be with respect to agents or employees of Obligor or of third parties, and whether such property damage be to Obligor’s property or the property of others (including, without limitation, liabilities for loss or damage related to the release or threatened release of hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act or similar or successor law or any State or local equivalent now existing or hereinafter enacted which in any manner arise out of or are incident to any possession, use, operation, condition or storage of any Equipment by Obligor), which is proximately caused by the negligent conduct of Obligor, its officers, employees and agents. Section 5.05 Reimbursement. Obligor hereby assumes responsibility for and agrees to reimburse Obligee for all liabilities, obligations, losses, damages, penalties, claims, actions, costs and expenses (including reasonable attorneys’ fees) of whatsoever kind and nature, imposed on, incurred by or asserted against Obligee that in any way relate to or arise out of a claim, suit or proceeding, based in whole or in part upon the negligent conduct of Obligor, its officers, employees and agents, or arose out of installation, operation, possession, storage or use of any item of the Equipment, to the maximum extent permitted by law. VI. Title and Security Interest Section 6.01 Title. Title to the Equipment shall vest in Obligor when Obligor acquires and accepts the Equipment. Title to the Equipment will automatically transfer to the Obligee in the event Obligor chooses to not renew under Section 4.01 or in the event Obligor defaults under Section 9.01. In such event, Obligor shall execute and deliver to Obligee such documents as Obligee may request to evidence the passage of legal title to the Equipment to Obligee. Section 6.02 Security Interest. To secure the payment of all Obligor’s obligations under this Contract, as well as all other obligations, debts and liabilities, plus interest thereon, whether now existing or subsequently created, Obligor hereby grants to Obligee a security interest under the Uniform Commercial Code constituting a first lien on the Equipment described more fully on Exhibit A. Furthermore, Obligor agrees that any other collateral securing any other obligation(s) to Obligee, whether offered prior to or subsequent hereto, also secures this obligation. The security interest established by this section includes not only all additions, attachments, repairs and replacements to the Equipment but also all proceeds therefrom. Obligor authorizes Obligee to prepare and record any Financing Statement required under the Uniform Commercial Code to perfect the security interest created hereunder. Obligor agrees that any Equipment listed on Exhibit A is and will remain personal property and will not be considered a fixture even if attached to real property. VII. Assignment Section 7.01 Assignment by Obligee. All of Obligee's rights, title and/or interest in and to this Contract may be assigned and reassigned in whole or in part to one or more assignees or sub- assignees by Obligee at any time without the consent of Obligor. No such assignment shall be effective as against Obligor until the assignor shall have filed with Obligor written notice of assignment identifying the assignee. Obligor shall pay all Contract Payments due hereunder relating to such Equipment to or at the direction of Obligee or the assignee named in the notice of assignment. Obligor shall keep a complete and accurate record of all such assignments. Section 7.02 Assignment by Obligor. None of Obligor's right, title and interest under this Contract and in the Equipment may be assigned by Obligor unless Obligee approves of such assignment in writing before such assignment occurs and only after Obligor first obtains an opinion from nationally recognized counsel stating that such assignment will not jeopardize the tax-exempt status of the obligation. VIII. Maintenance of Equipment Section 8.01 Equipment. Obligor shall keep the Equipment in good repair and working order, and as required by manufacturer’s and warranty specifications. If Equipment consists of copiers, Obligor is required to enter into a copier maintenance/service agreement. Obligee shall have no obligation to inspect, test, service, maintain, repair or make improvements or additions to the Equipment under any circumstances. Obligor will be liable for all damage to the Equipment, other than normal wear and tear, caused by Obligor, its employees or its agents. Obligor shall pay for and obtain all permits, licenses and taxes related to the ownership, installation, operation, possession, storage or use of the Equipment. If the Equipment includes any titled vehicle(s), then Obligor is responsible for obtaining such title(s) from the State and also for ensuring that Obligee is listed as First Lienholder on all of the title(s). Obligor shall not use the Equipment to haul, convey or transport hazardous waste as defined in the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et. seq. Obligor agrees that Obligee or its Assignee may execute any additional documents including financing statements, affidavits, notices, and similar instruments, for and on behalf of Obligor which Obligee deems necessary or appropriate to protect Obligee’s interest in the Equipment and in this Contract. Obligor shall allow Obligee to examine and inspect the Equipment at all reasonable times. IX. Default Section 9.01 Events of Default defined. The following events shall constitute an “Event of Default” under this Contract: (a) Failure by Obligor to pay any Contract Payment listed on Exhibit B for fifteen (15) days after such payment is due according to the Payment Date listed on Exhibit B. (b) Failure to pay any other payment required to be paid under this Contract at the time specified herein and a continuation of said failure for a period of fifteen (15) days after written notice by Obligee that such payment must be made. If Obligor continues to fail to pay any payment after such period, then Obligee may, but will not be obligated to, make such payments and charge Obligor for all costs incurred plus interest at the highest lawful rate. (c) Failure by Obligor to observe and perform any warranty, covenant, condition, promise or duty under this Contract for a period of thirty (30) days after written notice specifying such failure is given to Obligor by Obligee, unless Obligee agrees in writing to an extension of time. Obligee will not unreasonably withhold its consent to an extension of time if corrective action is instituted by Obligor. Subsection (c) does not apply to Contract Payments and other payments discussed above. (d) Any statement, material omission, representation or warranty made by Obligor in or pursuant to this Contract which proves to be false, incorrect or misleading on the date when made regardless of Obligor's intent and which materially adversely affects the rights or security of Obligee under this Contract. (e) Any provision of this Contract which ceases to be valid for whatever reason and the loss of such provision would materially adversely affect the rights or security of Obligee. (f) Except as provided in Section 4.01 above, Obligor admits in writing its inability to pay its obligations. (g) Obligor defaults on one or more of its other obligations. (h) Obligor becomes insolvent, is unable to pay its debts as they become due, makes an assignment for the benefit of creditors, applies for or consents to the appointment of a receiver, trustee, conservator, custodian, or liquidator of Obligor, or all or substantially all of its assets, or a petition for relief is filed by Obligor under federal bankruptcy, insolvency or similar laws, or is filed against Obligor and is not dismissed within thirty (30) days thereafter. Section 9.02 Remedies on Default . Whenever any Event of Default exists, Obligee shall have the right to take one or any combination of the following remedial steps: (a) With or without terminating this Contract, Obligee may declare all Contract Payments and other amounts payable by Obligor hereunder to the end of the then current Budget Year to be immediately due and payable. (b) With or without terminating this Contract, Obligee may require Obligor at Obligor's expense to redeliver any or all of the Equipment and any additional collateral to Obligee as provided below in Section 9.04. Such delivery shall take place within fifteen (15) days after the Event of Default occurs. If Obligor fails to deliver the Equipment and any additional collateral, Obligee may enter the premises where the Equipment and any additional collateral is located and take possession of the Equipment and any additional collateral and charge Obligor for costs incurred. Notwithstanding that Obligee has taken possession of the Equipment and any additional collateral, Obligor shall still be obligated to pay the remaining Contract Payments due up until the end of the then current Original Term or Renewal Term. Obligor will be liable for any damage to the Equipment and any additional collateral caused by Obligor or its employees or agents. (c) Obligee may take whatever action at law or in equity that may appear necessary or desirable to enforce its rights. Obligor shall be responsible to Obligee for all costs incurred by Obligee in the enforcement of its rights under this Contract including, but not limited to, reasonable attorney fees. Section 9.03 No Remedy Exclusive. No remedy herein conferred upon or reserved to Obligee is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Contract now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or shall be construed to be a waiver thereof. Section 9.04 Return of Equipment and Storage. (a) Surrender: The Obligor shall, at its own expense, surrender the Equipment, any additional collateral and all required documentation to evidence transfer of title from Obligor to the Obligee in the event of a default or a non-renewal by delivering the Equipment and any additional collateral to the Obligee to a location accessible by common carrier and designated by Obligee. In the case that any of the Equipment and any additional collateral consists of software, Obligor shall destroy all intangible items constituting such software and shall deliver to Obligee all tangible items constituting such software. At Obligee’s request, Obligor shall also certify in a form acceptable to Obligee that Obligor has complied with the above software return provisions and that they will immediately cease using the software and that they shall permit Obligee and/or the vendor of the software to inspect Obligor’s locations to verify compliance with the terms hereto. (b) Delivery: The Equipment and any additional collateral shall be delivered to the location designated by the Obligee by a common carrier unless the Obligee agrees in writing that a common carrier is not needed. When the Equipment and any additional collateral is delivered into the custody of a common carrier, the Obligor shall arrange for the shipping of the item and its insurance in transit in accordance with the Obligee’s instructions and at the Obligor’s sole expense. Obligor at its expense shall completely sever and disconnect the Equipment and any additional collateral or its component parts from the Obligor’s property all without liability to the Obligee. Obligor shall pack or crate the Equipment and any additional collateral and all of the component parts of the Equipment and any additional collateral carefully and in accordance with any recommendations of the manufacturer. The Obligor shall deliver to the Obligee the plans, specifications, operation manuals or other warranties and documents furnished by the manufacturer or vendor on the Equipment and any additional collateral and such other documents in the Obligor’s possession relating to the maintenance and methods of operation of such Equipment and any additional collateral. (c) Condition: When the Equipment is surrendered to the Obligee it shall be in the condition and repair required to be maintained under this Contract. It will also meet all legal regulatory conditions necessary for the Obligee to sell or lease it to a third party and be free of all liens. If Obligee reasonably determines that the Equipment or an item of the Equipment, once it is returned, is not in the condition required hereby, Obligee may cause the repair, service, upgrade, modification or overhaul of the Equipment or an item of the Equipment to achieve such condition and upon demand, Obligor shall promptly reimburse Obligee for all amounts reasonably expended in connection with the foregoing. (d) Storage: Upon written request by the Obligee, the Obligor shall provide free storage for the Equipment and any additional collateral for a period not to exceed 60 days after the expiration of the Contract Term before returning it to the Obligee. The Obligor shall arrange for the insurance described to continue in full force and effect with respect to such item during its storage period and the Obligee shall reimburse the Obligor on demand for the incremental premium cost of providing such insurance. X. Vendor Payable Account Section 10.01 Establishment of Vendor Payable Account. On the date that the Obligee executed this Contract, which is on or after the date that the Obligor executes this Contract, Obligee agrees to (i) make available to Obligor an amount sufficient to pay the total Purchase Price for the Equipment by establishing a separate, non-interest bearing account (the “Vendor Payable Account”), as agent for Obligor’s account, with a financial institution that Obligee selects that is acceptable to Obligor (including Obligee or any of its affiliates) and (ii) to deposit an amount equal to such Purchase Price as reflected on Exhibit B in the Vendor Payable Account. Obligor hereby further agrees to make the representations, warranties and covenants relating to the Vendor Payable Account as set forth in Exhibit C attached hereto. Upon Obligor’s delivery to Obligee of a Payment Request and Equipment Acceptance Form in the form set forth in Exhibit F attached hereto, Obligor authorizes Obligee to withdraw funds from the Vendor Payable Account from time to time to pay the Purchase Price, or a portion thereof, for each item of Equipment as it is delivered to Obligor. The Payment Request and Equipment Acceptance Form must be signed by an authorized individual acting on behalf of Obligor. The authorized individual or individuals designated by the Obligor must sign the Signature Card which will be kept in the possession of the Obligee. Section 10.02 Down Payment. Prior to the disbursement of any funds from the Vendor Payable Account, the Obligor must either (1) deposit all the down payment funds that the Obligor has committed towards the purchase of the Equipment into the Vendor Payable Account or (2) Obligor must provide written verification to the satisfaction of the Obligee that all the down payment funds Obligor has committed towards the purchase of the Equipment have already been spent or are simultaneously being spent with the funds requested from the initial Payment Request and Equipment Acceptance Form. For purposes of this Section, the down payment funds committed towards the Equipment from the Obligor are the down payment funds that were represented to the Obligee at the time this transaction was submitted for credit approval by the Obligor to the Obligee. Section 10.03 Disbursement upon Non-Renewal or Default. If an event of non-renewal or default occurs prior to the Partial Prepayment Date, the amount then on deposit in the Vendor Payable Account shall be retained by the Obligee and Obligor will have no interest therein. Section 10.04 Surplus Amount. Any Surplus Amount then on deposit in the Vendor Payable Account on the Partial Prepayment Date shall be applied to pay on such Partial Prepayment Date a portion of the Purchase Option Price then applicable. Section 10.05 Recalculation of Contract Payments. Upon payment of a portion of the Purchase Option Price as provided in Section 10.04 above, each Contract Payment thereafter shall be reduced by an amount calculated by Obligee based upon a fraction the numerator of which is the Surplus Amount and the denominator of which is the Purchase Option Price on such Partial Prepayment Date. Within 15 days after such Partial Prepayment Date, Obligee shall provide to Obligor a revised Exhibit B to this Contract, which shall take into account such payment of a portion of the Purchase Option Price thereafter and shall be and become thereafter Exhibit B to this Contract. Notwithstanding any other provision of this Section 10, this Contract shall remain in full force and effect with respect to all or the portion of the Equipment accepted by Obligor as provided in this Contract, and the portion of the principal component of Contract Payments remaining unpaid after the Partial Prepayment Date plus accrued interest thereon shall remain payable in accordance with the terms of this Contract, including revised Exhibit B hereto which shall be binding and conclusive upon Obligee and Obligor. XI. Miscellaneous Section 11.01 Notices. All notices shall be sufficiently given and shall be deemed given when delivered or mailed by registered mail, postage prepaid, to the parties at their respective places of business as first set forth herein or as the parties shall designate hereafter in writing. Section 11.02 Binding Effect. Obligor acknowledges this Contract is not binding upon the Obligee or its assignees unless the Conditions to Funding listed on the Documentation Instructions have been met to Obligee's satisfaction, and Obligee has executed the Contract. Thereafter, this Contract shall inure to the benefit of and shall be binding upon Obligee and Obligor and their respective successors and assigns. Section 11.03 Severability. In the event any provision of this Contract shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section 11.04 Amendments, Addenda, Changes or Modifications. This Contract may be amended, added to, changed or modified by written agreement duly executed by Obligee and Obligor. Furthermore, Obligee reserves the right to directly charge or amortize into the remaining balance due from Obligor, a reasonable fee, to be determined at that time, as compensation to Obligee for the additional administrative expense resulting from such amendment, addenda, change or modification requested by Obligor. Section 11.05 Execution in Counterparts. This Contract may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Section 11.06 Captions. The captions or headings in this Contract do not define, limit or describe the scope or intent of any provisions or sections of this Contract. Section 11.07 Master Contract. This Contract can be utilized as a Master Contract. This means that the Obligee and the Obligor may agree to the financing of additional Equipment under this Contract at some point in the future by executing one or more Additional Schedules to Exhibit A and Exhibit B, as well as other exhibits or documents that may be required by Obligee. Additional Schedules will be consecutively numbered on each of the exhibits which make up the Additional Schedule and all the terms and conditions of the Contract shall govern each Additional Schedule. Section 11.08 Entire Writing. This Contract constitutes the entire writing between Obligee and Obligor. No waiver, consent, modification or change of terms of this Contract shall bind either party unless in writing and signed by both parties, and then such waiver, consent, modification or change shall be effective only in the specific instance and for the specific purpose given. There are no understandings, agreements, representations, conditions, or warranties, express or implied, which are not specified herein regarding this Contract, the Equipment or any additional collateral, financed hereunder. Any terms and conditions of any purchase order or other documents submitted by Obligor in connection with this Contract which are in addition to or inconsistent with the terms and conditions of this Contract will not be binding on Obligee and will not apply to this Contract. Obligee and Obligor have caused this Contract to be executed in their names by their duly authorized representatives listed below. City of Augusta, Georgia Republic First National Corporation Signature Signature Hardie Davis, Jr., Mayor Printed Name and Title Printed Name and Title Schedule (01) EXHIBIT A DESCRIPTION OF EQUIPMENT RE: Government Obligation Contract dated as of November 20, 2020, between Republic First National Corporation (Obligee) and City of Augusta, Georgia (Obligor) Below is a detailed description of all the items of Equipment including quantity, model number and serial number where applicable: Two (2) Vactor Trucks Physical Address of Equipment after Delivery : 2316 Tobacco Rd., Augusta, GA 30906 Schedule (01) EXHIBIT B PAYMENT SCHEDULE RE: Government Obligation Contract dated as of November 20, 2020, between Republic First National Corporation (Obligee) and City of Augusta, Georgia (Obligor) Date of First Payment: April 1, 2021 Original Balance: $829,894.00 Total Number of Payments: Five (5) Number of Payments Per Year: One (1) Pmt Due Total Service Contract Applied to Applied to *Purchase No. Date Payment Payment Payment Interest Principal Option Price 1 1-Apr-21 $188,046.94 $24,000.00 $164,046.94 $10,659.92 $153,387.02 $694,432.17 2 1-Apr-22 $188,046.94 $24,000.00 $164,046.94 $23,699.12 $140,347.82 $547,607.15 3 1-Apr-23 $188,046.94 $24,000.00 $164,046.94 $18,782.51 $145,264.43 $397,140.87 4 1-Apr-24 $188,046.94 $24,000.00 $164,046.94 $13,693.66 $150,353.28 $242,943.02 5 1-Apr-25 $248,968.00 $0.00 $248,968.00 $8,426.55 $240,541.45 $0.00 City of Augusta, Georgia Signature Hardie Davis, Jr., Mayor Printed Name and Title *Assumes all Contract Payments due to date are paid Schedule (01) EXHIBIT C ACCEPTANCE OF OBLIGATION TO COMMENCE CONTRACT PAYMENTS UNDER EXHIBIT B RE: Government Obligation Contract dated as of November 20, 2020, between Republic First National Corporation (Obligee) and City of Augusta, Georgia (Obligor) I, the undersigned, hereby certify that I am a duly qualified representative of Obligor and that I have been given the authority by the governing body of Obligor to sign this Acceptance of Obligation to commence Contract Payments with respect to the above referenced Contract. I hereby certify that: 1. The Equipment described on Exhibit A has not been delivered, installed or available for use as of the Commencement date of this Contract. 2. Obligor acknowledges that Obligee has agreed to deposit into a Vendor Payable Account an amount sufficient to pay the total purchase price (the “Purchase Price”) for the Equipment so identified in such Exhibit A; 3. The principal amount of the Contract Payments in the Exhibit B accurately reflects the Purchase Price; 4. Obligor agrees to execute a Payment Request and Equipment Acceptance Form authorizing payment of the Purchase Price, or a portion thereof, for each withdrawal of funds from the Vendor Payable Account. Notwithstanding that the Equipment has not been delivered to or accepted by Obligor on the date of execution of the Contract, Obligor hereby warrants that: (a) Obligor’s obligation to commence Contract Payments as set forth in Exhibit B is absolute and unconditional as of the Commencement Date and on each date set forth in Exhibit B thereafter, subject to the terms and conditions of the Contract; (b) immediately upon delivery and acceptance of all the Equipment, Obligor will notify Obligee of Obligor’s final acceptance of the Equipment by delivering to Obligee the “Payment Request and Equipment Acceptance Form” in the form set forth in Exhibit F attached to the Contract; (c) in the event that any Surplus Amount is on deposit in the Vendor Payable Account when an event of non-renewal or default under the Contract occurs, then those amounts shall be applied as provided in Section 10 of the Contract; (d) regardless of whether Obligor delivers a final Payment Request and Equipment Acceptance Form, all Contract Payments paid prior to delivery of all the Equipment shall be credited to Contract Payments as they become due under the Contract as set forth in Exhibit B. City of Augusta, Georgia Signature Hardie Davis, Jr., Mayor Printed Name and Title Schedule (01) EXHIBIT D OBLIGOR RESOLUTION RE: Government Obligation Contract dated as of November 20, 2020, between Republic First National Corporation (Obligee) and City of Augusta, Georgia (Obligor) At a duly called meeting of the Governing Body of the Obligor (as defined in the Contract) held on ____________________________ the following resolution was introduced and adopted: BE IT RESOLVED by the Governing Body of Obligor as follows: 1. Determination of Need. The Governing Body of Obligor has determined that a true and very real need exists for the acquisition of the Equipment described on Exhibit A of the Government Obligation Contract dated as of November 20, 2020, between City of Augusta, Georgia (Obligor) and Republic First National Corporation (Obligee). 2. Approval and Authorization. The Governing Body of Obligor has determined that the Contract, substantially in the form presented to this meeting, is in the best interests of the Obligor for the acquisition of such Equipment, and the Governing Body hereby approves the entering into of the Contract by the Obligor and hereby designates and authorizes the following person(s) to execute and deliver the Contract on Obligor’s behalf with such changes thereto as such person(s) deem(s) appropriate, and any related documents, including any Escrow Agreement, necessary to the consummation of the transaction contemplated by the Contract. Authorized Individual(s): Hardie Davis, Jr., Mayor (Typed or Printed Name and Title of individual(s) authorized to execute the Contract) 3. Adoption of Resolution. The signatures below from the designated individuals from the Governing Body of the Obligor evidence the adoption by the Governing Body of this Resolution. Signature: (Signature of Secretary, Board Chairman or other member of the Governing Body) Printed Name & Title: Hardie Davis, Jr., Mayor (Printed Name and Title of individual who signed directly above) Attested By: (Signature of one additional person who can witness the passage of this Resolution) Printed Name & Title: Lena J. Bonner, Clerk of Commission (Printed Name of individual who signed directly above) Schedule (01) EXHIBIT E OFFICER’S CERTIFICATE RE: Government Obligation Contract dated as of November 20, 2020, between Republic First National Corporation (Obligee) and City of Augusta, Georgia (Obligor) I, the undersigned, hereby certify that I am a duly qualified representative of Obligor and that I have been given the authority by the governing body of Obligor to sign this Officer’s Certificate with respect to the above referenced Contract. I hereby certify that: 1. Obligor has appropriated and/or taken other lawful actions necessary to provide moneys sufficient to pay all Contract Payments required to be paid under the Contract during the current Budget Year of Obligor, and such moneys will be applied in payment of all Contract Payments due and payable during such current Budget Year. 2. Obligor has obtained insurance coverage as required under the Contract from an insurer qualified to do business in the State. 3. No event or condition that constitutes or would constitute an Event of Default exists as of the date hereof. 4. The governing body of Obligor has approved the authorization, execution and delivery of this Contract on its behalf by the authorized representative of Obligor who signed the Contract. 5. Please list the Source of Funds (Fund Item in Budget) for the Contract Payments that come due under Exhibit B of this Contract. Source of Funds : Stormwater Funds By signing below, Obligor hereby authorizes the General Fund of the Obligor as a backup source of funds from which the Contract Payments can be made. City of Augusta, Georgia Signature Hardie Davis, Jr., Mayor Printed Name and Title Schedule (01) EXHIBIT F PAYMENT REQUEST AND EQUIPMENT ACCEPTANCE FORM RE: Government Obligation Contract dated as of November 20, 2020, between Republic First National Corporation (Obligee) and City of Augusta, Georgia (Obligor) In accordance with Section 10.01, by executing this Payment Request and Equipment Acceptance Form the Obligor hereby represents that the Payee or Payees listed below who are requesting payment have delivered the Equipment or a portion of the Equipment or performed the services to the satisfaction of the Obligor and that the amounts requested below by the Payee or Payees are proportionate with the value of the Equipment delivered or services rendered by the Payee or Payees. The Obligor hereby represents and warrants for all purposes that: 1. Pursuant to the invoice attached hereto, the amount to be disbursed is $ and this amount is consistent with the Contract between Obligor and vendor. 2. Payment is to be made to: Payee: 3. The undersigned certifies that the following documents are attached to this Payment Request and Equipment Acceptance Form when there is a request for a release of funds from the Vendor Payable Account to pay for a portion, or all, of the Equipment: (1) Invoice from the vendor, (2) copy of the Contract between Obligor and vendor (if requested by the Obligee), (3) Insurance Certificate (if applicable), (4) front and back copy of the original MSO/Title listing KS StateBank and/or its assigns as the first lien holder (if applicable). By executing this Payment Request and Equipment Acceptance Form and attaching the documents as required above, the Obligor shall be deemed to have accepted this portion of the Equipment for all purposes under the Contract, including, without limitation, the obligation of Obligor to make the Contract Payments with respect thereto in a proportionate amount of the total Contract Payment. 4. No amount listed in this exhibit was included in any such exhibit previously submitted. 5. Each disbursement hereby requested has been incurred and is a proper charge against the Vendor Payable Account. No amount hereby requested to be disbursed will be paid to Obligor as reimbursement for any expenditure paid by Obligor more than 60 days prior to the date of execution and delivery of the Contract. 6. The Equipment referenced in the attached has been delivered, installed, inspected and tested as necessary and in accordance with Obligor’s specifications and accepted for all purposes. 7. That Obligor is or will be the title owner to the Equipment referenced in the attached, and that in the event that any third party makes a claim to such title that Obligor will take all measures necessary to secure title including, without limitation, the appropriation of additional funds to secure title to such Equipment, or a portion thereof, and keep the Contract in full force and effect. Furthermore, Obligor has obtained insurance coverage as required under the Contract from an insurer qualified to do business in the State. 8. Obligor has appropriated and/or taken other lawful actions necessary to provide moneys sufficient to pay all Contract Payments required to be paid under the Contract during the current Budget Year of Obligor, and such moneys will be applied in payment of all Contract Payments due and payable during such current Budget Year. 9. No event or condition that constitutes or would constitute an Event of Default exists as of the date hereof. I, the undersigned, hereby certify that I am a duly qualified representative of Obligor and that I have been given the authority by the governing body of Obligor to sign this Payment Request and Equipment Acceptance Form. Please forward this document and any correspondence relating to vendor payment to: Email: britney@rfnonline.com or Fax: 800-865-8517 Please call 800-700-7878 if you have any questions. City of Augusta, Georgia Signature Hardie Davis, Jr., Mayor Printed Name and Title Schedule (01) EXHIBIT G SIGNATURE CARD RE: Government Obligation Contract dated as of November 20, 2020, between Republic First National Corporation (Obligee) and City of Augusta, Georgia (Obligor) The below signatures will be used for purposes of verifying the signature on a Payment Request and Equipment Acceptance Form prior to making payments from the Equipment Acquisition Fund or Vendor Payable Account. By signing below, the undersigned represents and warrants that s/he has received all appropriate authority from City of Augusta, Georgia. City of Augusta, Georgia Signature Hardie Davis, Jr., Mayor Printed Name and Title Signature of additional authorized individual (optional) of Obligor Signature Lena J. Bonner, Clerk of Commission Printed Name and Title Schedule (01) EXHIBIT H OBLIGOR ACKNOWLEDGEMENT RE: Government Obligation Contract dated as of November 20, 2020, between Republic First National Corporation (Obligee) and City of Augusta, Georgia (Obligor) Obligor hereby acknowledges that it has ordered or caused to be ordered the equipment that is the subject of the above-mentioned Contract. Please complete the below information, attach another page if necessary Vendor Name: Equipment: Cost of Equipment: Vendor Name: Equipment: Cost of Equipment: Vendor Name: Equipment: Cost of Equipment: Vendor Name: Equipment: Cost of Equipment: Vendor Name: Equipment: Cost of Equipment: Obligor will immediately notify Obligee if any of the information listed above is changed. Schedule (01) EXHIBIT I BANK QUALIFIED CERTIFICATE RE: Government Obligation Contract dated as of November 20, 2020, between Republic First National Corporation (Obligee) and City of Augusta, Georgia (Obligor) Whereas, Obligor hereby represents that it is a “Bank Qualified” Issuer for the calendar year in which this Contract is executed by making the following designations with respect to Section 265 of the Internal Revenue Code of 1986, as amended (the “Code”). (A “Bank Qualified Issuer” is an issuer that issues less than ten million ($10,000,000) dollars of tax-exempt obligations other than “private activity bonds” as defined in Section 141 of the Code, excluding certain “qualified 501(c)(3) bonds” as defined in Section 145 of the Code, during the calendar year). Now, therefor, Obligor hereby designates this Contract as follows: 1. Designation as Qualified Tax-Exempt Obligation. Pursuant to Section 265(b)(3)(B)(i) of the Code, the Obligor hereby specifically designates the Contract as a “qualified tax-exempt obligation” for purposes of Section 265(b)(3) of the Code. In compliance with Section 265(b)(3)(D) of the Code, the Obligor hereby represents that the Obligor will not designate more than $10,000,000 of obligations issued by the Obligor in the calendar year during which the Contract is executed and delivered as such “qualified tax-exempt obligations”. 2. Issuance Limitation. In compliance with the requirements of Section 265(b)(3)(C) of the Code, the Obligor hereby represents that the Obligor (including all subordinate entities of the Obligor within the meaning of Section 265(b)(3)(E) of the Code) reasonably anticipates not to issue in the calendar year during which the Contract is executed and delivered, obligations bearing interest exempt from federal income taxation under Section 103 of the Code (other than “private activity bonds” as defined in Section 141 of the Code and excluding certain “qualified 501(c)(3) bonds” as defined in Section 145 of the Code) in an amount greater than $10,000,000. City of Augusta, Georgia Signature Hardie Davis, Jr., Mayor Printed Name and Title NOTICE OF ASSIGNMENT NOVEMBER 20, 2020 Republic First National Corporation (Obligee/Assignor) hereby gives notice of an Assignment between Obligee/Assignor and KS StateBank (Assignee) of the Government Obligation Contract (Contract) between Obligee/Assignor and City of Augusta, Georgia, dated as of November 20, 2020. All Contract Payments coming due pursuant to the Contract shall be made to: KS StateBank P.O. Box 69 Manhattan, Kansas 66505-0069 Republic First National Corporation, Obligee/Assignor Signature Printed Name and Title ACKNOWLEDGEMENT OF AND CONSENT TO ASSIGNMENT City of Augusta, Georgia (Obligor) as party to a Government Obligation Contract dated as of November 20, 2020 between Obligor and Republic First National Corporation (Obligee), hereby acknowledges receipt of a Notice of Assignment dated November 20, 2020 whereby Obligee gave notice of its assignment to KS StateBank of its right to receive all Contract Payments due from Obligor under the Contract and hereby consents to that Assignment. Pursuant to the Notice of Assignment from Obligee, Obligor agrees to deliver all Contract Payments coming due under the Contract to: KS StateBank P.O. Box 69 Manhattan, Kansas 66505-0069 City of Augusta, Georgia Signature Hardie Davis, Jr., Mayor Printed Name and Title INSURANCE REQUIREMENTS Pursuant to Article V of the Government Obligation Contract, you have agreed to provide us evidence of insurance covering the Equipment. A Certificate of Insurance listing the information stated below should be sent to us no later than the date on which the equipment is delivered. Insured: Certificate Holder: City of Augusta, Georgia KS StateBank 535 Telfair Street, Suite 800 1010 Westloop, P.O. Box 69 Augusta, Georgia 30901 Manhattan, Kansas 66505-0069 1. Equipment Description  Two (2) Vactor Trucks  Please include all applicable VIN’s, serial numbers, etc. 2. Physical Damage  All risk coverage to guarantee proceeds of at least $829,894.00. 3. Liability  Minimum Combined Single Limit of $1,000,000.00 on bodily injury and property damage. 4. Additional Insured and Loss Payee  KS StateBank AOIA (and/or Its Assigns) MUST be listed as additional insured and loss payee. Please forward certificate as soon as possible to: Email: britney@rfnonline.com or Fax: 800-865-8517 Please complete the information below and return this form along with the Contract. City of Augusta, Georgia Insurance Company: Agent’s Name: Telephone #: Fax #: Address: City, State Zip: Email: *PREFERRED* *As an additional payment option for Obligor, we are now providing the option of ACH (Automatic Clearing House). By completing this form, Obligor is authorizing Obligee to withdraw said payment amount on said date. DEBIT AUTHORIZATION I hereby authorize KS StateBank Government Finance Department to initiate debit entries for the Payment Amount (including, but not limited to, any late fees, rate changes, escrow modifications, etc.). I acknowledge that KS StateBank Government Finance Department may reinitiate returned entries up to two additional times, to the account indicated below at the financial institution named below and to debit the same to such account for: Contract Number Payment Amount Frequency of Payments 3380699 $188,046.94 Annual Beginning Day of Month Month Year Debits will be made according to Exhibit B of the Contract I acknowledge that the origination of ACH transactions to this account must comply with the provisions of U.S. law. Financial Institution Name Branch Address City State Zip Routing Number Account Number Type of Account Checking Savings If the account does not have sufficient funds, KS StateBank Government Finance Department may attempt, but shall have no obligation to continue to attempt to deduct the payment from the account. If the account has insufficient funds when KS StateBank Government Finance Department attempts to deduct a payment, KS StateBank Government Finance Department may terminate the automatic deduction of payments upon notice to borrower and me. Until such time as payment is made, borrower shall be responsible to make such payments, and all other payments that may be due to KS StateBank Government Finance Department regarding the above-referenced loan. This authority is to remain in full force and effect until KS StateBank has received written notification from any authorized signer of the account of its termination in such time and manner as to afford KS StateBank a reasonable opportunity to act on it. Obligor Name on Contract City of Augusta, Georgia Signature Printed Name and Title Tax ID Number Date 58-2204274 PLEASE ATTACH COPY OF A VOIDED CHECK TO THIS FORM! USA Patriot Act USA Patriot Act requires identity verification for all new accounts. This means that we may require information from you to allow us to make a proper identification. 8038 REVIEW FORM The 8038 form attached hereto is an important part of the documentation package and must be properly filled out and submitted to the Department of the Treasury in order for you to receive the lower tax-exempt rate. Unless you instruct us otherwise, we have engaged a Paid Preparer to assist in the filling out of this form. The Paid Preparer has filled out the relevant portions of this form based on the current understanding of what is required by the Department of the Treasury. The responses on this 8038 form are based on the dates and amounts which you have requested (structure of the transaction) and which are on the Payment Schedule. 1. Please review our responses for accuracy. If anything is inaccurate, please contact our office so that we can make proper revisions. 2. If the information provided to you on this form is accurate, please sign where indicated and return with the document package. 3. If there are any changes to the structure of the transaction that occur prior to funding which require a change to the 8038 form, we will make such changes and provide notification to you. 4. We will return to you a copy of the 8038 form that was mailed to the Department of the Treasury. Important Note: The IRS is now requesting information regarding tax-exempt issuers’ and borrowers’ written policies and procedures designed to monitor post- issuance compliance with the federal tax rules applicable to tax-exempt obligations (boxes 43 and 44). Do not check items 43 and 44 on the 8038 form unless you have established written procedures in accordance with the instructions referenced directly below. If you choose to “check” items 43 and/or 44, please be prepared to provide copies of such written procedures to the Paid Preparer or any representatives of the IRS upon request. Written procedures should contain certain key characteristics, including making provisions for: • Due diligence review at regular intervals; • Identifying the official or employee responsible for review; • Training of the responsible official/employee; • Retention of adequate records to substantiate compliance (e.g., records relating to expenditure of proceeds); • Procedures reasonably expected to timely identify noncompliance; and • Procedures ensuring that the issuer will take steps to timely correct noncompliance. For additional guidance on this 8038 form, you can refer to the Documentation Instructions located on the following government website: http://www.irs.gov/app/picklist/list/formsInstructions.html, or contact your local IRS office. Form 8038-G (Rev. September 2018) Department of the Treasury Internal Revenue Service Information Return for Tax-Exempt Governmental Obligations ► Under Internal Revenue Code section 149(e) ► See separate instructions. Caution: If the issue price is under $100,000, use Form 8038-GC. OMB No. 1545-0720 Part I Reporting Authority If Amended Return, check here ►  1 Issuer’s name 2 Issuer’s employer identification number (EIN) City of Augusta, Georgia 58-2204274 3a Name of person (other than issuer) with whom the IRS may communicate about this return (see instructions) 3b Telephone number of other person shown on 3a 4 Number and street (or P.O. box if mail is not delivered to street address) Room/suite 5 Report number (For IRS Use Only) 535 Telfair Street, Suite 800 3 6 City, town, or post office, state, and ZIP code 7 Date of issue Augusta, Georgia 30901 11/20/2020 8 Name of issue 9 CUSIP number Government Obligation Contract None 10a Name and title of officer or other employee of the issuer whom the IRS may call for more information (see instructions) 10b Telephone number of officer or other employee shown on 10a Mr. Anthony Sebek, Fleet Operations Coordinator (706) 821-2894 Part II Type of Issue (enter the issue price). See the instructions and attach schedule. 11 Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 12 Health and hospital . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 13 Transportation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 14 Public safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 15 Environment (including sewage bonds) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15 16 Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 17 Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17 18 Other. Describe ► Two (2) Vactor Trucks 18 844,126 97 19 If obligations are TANs or RANs, check only box 19a . . . . . . . . . . . . . . . . . . . . . ►  If obligations are BANs, check only box 19b . . . . . . . . . . . . . . . . . . . . . . . . .►  20 If obligations are in the form of a lease or installment sale, check box . . . . . . . . . . . . . . . ►  Part III Description of Obligations. Complete for the entire issue for which this form is being filed. (a) Final maturity date (b) issue price (c) Stated redemption price at maturity (d) Weighted average maturity (e) Yield 21 04/01/2025 $ 844,126.97 $ 829,894.00 3.222 years 3.477 % Part IV Uses of Proceeds of Bond Issue (including underwriters’ discount) 22 Proceeds used for accrued interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 23 Issue price of entire issue (enter amount from line 21, column (b)) . . . . . . . . . . . . . . . . . . . . 23 844,126 97 24 Proceeds used for bond issuance costs (including underwriters’ discount) . . . . 24 14,232 97 25 Proceeds used for credit enhancement . . . . . . . . . . . . . . . . . . 25 26 Proceeds allocated to reasonably required reserve or replacement fund . . . . . 26 27 Proceeds used to refund prior tax-exempt bonds. Complete Part V. . . . . . . . 27 28 Proceeds used to refund prior taxable bonds. Complete Part V. . . . . . . . . 28 29 Total (add lines 24 through 28) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 14,232 97 30 Nonrefunding proceeds of the issue (subtract line 29 from line 23 and enter amount here) . . . . . . . . . . 30 829,894 00 Part V Description of Refunded Bonds. Complete this part only for refunding bonds. 31 Enter the remaining weighted average maturity of the tax-exempt bonds to be refunded . . . . . . . . . . . ► years 32 Enter the remaining weighted average maturity of the taxable bonds to be refunded . . . . . . . . . . . . ► years 33 Enter the last date on which the refunded tax-exempt bonds will be called (MM/DD/YYYY) . . . . . . . . . ► 34 Enter the date(s) the refunded bonds were issued ► (MM/DD/YYYY) . . . . . . . . . . . . . . . . . For Paperwork Reduction Act Notice, see separate instructions. Cat. No. 63773S Form 8038-G (Rev. 9-2011) Form 8038-G (Rev. 9-2011) Page 2 Part VI Miscellaneous 35 Enter the amount of the state volume cap allocated to the issue under section 141(b)(5) . . . . . . . . . . . 35 36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract (GIC) (see instructions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36a b Enter the final maturity date of the GIC► (MM/DD/YYYY) c Enter the name of the GIC provider ► 37 Pooled financings: Enter the amount of the proceeds of this issue that are to be used to make loans to other governmental units . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 38a If this issue is a loan made from the proceeds of another tax-exempt issue, check box ►  and enter the following information: b Enter the date of the master pool bond ►(MM/DD/YYYY) c Enter the EIN of the issuer of the master pool bond ► d Enter the name of the issuer of the master pool bond ► 39 If the issuer has designated the issue under section 265(b)(3)(B)(i)(III) (small issuer exception), check box . . . . . . . . . . . . ►  40 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box . . . . . . . . . . . . . . . . . . . . . . . ►  41a If the issuer has identified a hedge, check here ►  and enter the following information: b Name of hedge provider ► c Type of hedge ► d Term of hedge ► 42 If the issuer has superintegrated the hedge, check box . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ►  43 If the issuer has established written procedures to ensure that all nonqualified bonds of this issue are remediated according to the requirements under the Code and Regulations (see instructions), check box . . . . . . . . . . . . . . . . ► 44 If the issuer has established written procedures to monitor the requirements of section 148, check box . . . . . . . . . . . . ►  45a If some portion of the proceeds was used to reimburse expenditures, check here ►  and enter the amount of reimbursement. . . . . . . . . . . ► b Enter the date the official intent was adopted ► (MM/DD/YYYY) Signature and Consent Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct, and complete. I further declare that I consent to the IRS’s disclosure of the issuer’s return information, as necessary to process this return, to the person that I have authorized above.   Signature of issuer’s authorized representative Date Type or print name and title Paid Preparer Use Only Print/Type preparer’s name Preparer’s signature Date Check  if self-employed PTIN H. Evan Howe 12/02/2020 P01438994 Firm’s Name ► Baystone Financial LLC Firm’s EIN ► 48-1223987 Firm’s Address ► 12980 Metcalf, Suite 310, Overland Park, KS 66213 Phone no. (800) 752-3562 Form 8038-G (Rev. 9-2011)) Invitation to Bid Sealed bids will be received at this office until Monday, October 5, 2020 @ 3:00 p.m. via ZOOM Meeting ID: 931 4832 9730 Passcode: 910482 for furnishing for: Bid Item #20-261 Vacuum Tractor Lease – 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 Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department (706-821-2422). All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, September 18, 2020 @ 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 ninety (90) 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 August 27, September 3, 10, 17, 2020 Metro Courier August 27, 2020 OFFICIAL VENDORS ENVIRONMENTAL PRODUCTS GROUP 4410 WENDELL DRIVE SW ATLANTA, GA 30336 JET-VAC EQUIP COMPANY LLC 550 S COBB DR., BLDG 200, SUITE 210 ATLANTA, GA 30339 Attachment B Yes Yes E-Verify Number 312637 804190 SAVE Form Yes Yes 8.00 Chassis Requirement $414,947.00 $403,451.00 28.17 Contract Rate for each vehicle for the (4) year lease period $12,000.00 $5,000.00 Year 2021 2021 Make Vactor Kenworth T880 Chassi Freightliner Model 2115i 114SD Delivery Schedule Feb-21 120-180 days Exceptions Yes / Buyback Yes / Alternate Total Number Specifications Mailed Out: 16 Total Number Specifications Download (Demandstar): 1 Total Electronic Notifications (Demandstar): 11 Georgia Registry: 24 Total packages submitted: 2 Total Non-Compliant: 0 VEHICLE REQUIRED Bid Opening Item #20-261 Vaccum Truck Lease for Augusta, Georgia- Central Services Department- Fleet Maintenance Division Bid Due: Monday, October 5, 2020 @ 3:00 p.m. Page 1 of 1 Commission Meeting Agenda 1/6/2021 2:00 PM 2021 Airport Fire Vehicle Department:Central Services Department - Fleet Management Division Department:Central Services Department - Fleet Management Division Caption:Motion to approve the purchase of one Augusta Regional Airport Fire Command Vehicle for $46,881 from Allan Vigil Ford. Background:The Augusta Regional Airport is requesting the replacement of a 2011 Ford Expedition command vehicle exceeding 125,000miles. The Augusta Regional Airport Commission has approved this purchase per the attached memorandum. The truck will be purchased using CARES Act Grant funding. Analysis:The Procurement Department published a competitive bid using the Demand Star application for Pickup Truck 9800GVWR (Bid #20-273). Invitations to Bid were sent to 24 vendors with two vendors responding and one being non-compliant. Bid tab sheet is attached for your review. Bid #20-273 – 2020 Ford F250: Allan Vigil Ford = $46,881; Master Buick GMC = Non- Compliant Financial Impact:1- 2020 Ford F250 @ $46,881. (ACCT# 551-08-1118/54-22110) Alternatives:(1) Approve the request; (2) Do not approve the request Recommendation:Approve the purchase of one Augusta Regional Airport Fire Command Vehicle for $46,881 from Allan Vigil Ford. Funds are Available in the Following Accounts: (ACCT# 551-08-1118/54-22110) Cover Memo REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Year: 2021 Make: Ford Model: F250 DELIVERY:90-120 DAYS Base Price Including all options $22,880.00 Optional Items: 6.01 6.7L V8 Diesel Engine $9,775.00 6.03 4 x 4 Option $4,380.00 6.04 Skid Plates-4 x 4 Only $95.00 6.07 Winch Kit 12K lbs $1,680.00 6.08 LT245 All Terrain Tires $160.00 6.11 Crew Cab Long Bed $4,600.00 6.14 Cruise Control $230.00 6.15 Cab Steps $420.00 6.16 Limited Slip Axle $360.00 6.18 PTO Transmission (Diesel)$265.00 6.2 Daytime Running Lights $42.00 6.24 Power Wind, Locks, Mirror $999.00 6.26 332 Amp Alternator-Diesel $330.00 6.29 Spray in Bedliner $380.00 6.37 Heavy Duty Mats-Front $75.00 6.38 Heavy Duty Mats-Rear $60.00 6.39 DELIVERY FEE $150.00 $24,001.00 $46,881.00 FOR ALL DEPARTMENTS-PICKUP TRUCK 9800 GVWR - BID OPENING 11/2/20 @ 10:00AM Allan Vigil Ford - Morrow, GA20-273 Invitation to Bid Sealed bids will be received at this office until Monday, November 2, 2020 @ 11:00 a.m. via ZOOM Meeting ID: 914 9603 5464 Passcode: 295337 for furnishing for: Bid Item #20-272 2020/2021 Commercial Shredder – Augusta, GA - Central Services Department – Fleet Maintenance Bid Item #20-273 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 Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department (706-821-2422). 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, October 16, 2020 @ 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 ninety (90) 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 September 24, October 1, 8, 15, 2020 Metro Courier September 24, 2020 OFFICIAL VENDORS Master Buick GMC 3710 Washington Rd. Augusta, GA 30907 Allen Vigil Ford Lincoln 6790 Mt. Zion Blvd Morrow, GA 30260 Attachment B Non-Complaint No Bus Lic Yes E-Verify Number 665555 94460 SAVE Form Yes Yes 5.01 Unit Price $35,117.00 $22,880.00 Year 2021 2021 Make GMC FORD Model 2500HD F150 Approximate Delivery Time 12-14 wks 90-120 days 6.01 - 6.7L V8 Diesel Engine $9,890.00 $9,775.00 6.02 - 7.3L Gas Engine NB $1,925.00 6.03 - 4X4 Option $37,917.00 $4,380.00 6.04 - Skid Plates (4X4 Only)$150.00 $95.00 6.05 - Goose Neck Hitch $1,202.00 $985.00 6.06 - Brush Guard NB $1,090.00 6.07 - Winch Kit, Electric, 12,000lb NB $1,680.00 INCLUDES 6.06 6.08 - LT245 All-Terrain Tires NB $160.00 6.09 - Super Cab Long Bed NB $4,390.00 6.10 - Super Cab Short Bed $2,600.00 $4,190.00 6.11 - Crew Cab Long Bed $4,400.00 $4,600.00 6.12 - Crew Cab Short Bed $4,600.00 $4,335.00 6.13 - Roof Clearance Lights NB $85.00 6.14 - Cruise Control $225.00 $230.00 OPTIONAL ITEMS PRICING Bid Opening Item #20-273 Pickup Truck 9800GVWR for Augusta, Georgia Central Services Department Fleet Maintenance Division Bid Due: Monday, November 2, 2020 @ 10:00 a.m. Total Number Specifications Mailed Out: 24 Total Number Specifications Download (Demandstar):3 Total Electronic Notifications (Demandstar): 15 Georgia Registry: 193 Total packages submitted: 2 Total Non-Compliant: 1 Pickup Truck 9800 GVWR Page 1 of 3 OFFICIAL VENDORS Master Buick GMC 3710 Washington Rd. Augusta, GA 30907 Allen Vigil Ford Lincoln 6790 Mt. Zion Blvd Morrow, GA 30260 Bid Opening Item #20-273 Pickup Truck 9800GVWR for Augusta, Georgia Central Services Department Fleet Maintenance Division Bid Due: Monday, November 2, 2020 @ 10:00 a.m. Total Number Specifications Mailed Out: 24 Total Number Specifications Download (Demandstar):3 Total Electronic Notifications (Demandstar): 15 Georgia Registry: 193 Total packages submitted: 2 Total Non-Compliant: 1 6.15 - Cab Steps $695.00 $420.00 6.16 - Limited Slip Axle NB $360.00 6.17 - Engine Block Heater NC $92.00 6.18 - PTO Transmission (Diesel only)$1,400.00 $265.00 6.19 - Trailer Brake Controller $275.00 $255.00 6.20 - Daytime Running Lights NC $42.00 6.21 - Reverse Aid Sensor NA $233.00 6.22 - XL Value Package NA $660.00 6.23 - Rear Window Defrost – requires Power Windows $225.00 $55.00 6.24 - Power Windows, Locks, Mirrors $1,400.00 $999.00 6.25 - Cloth 40/20/40 Bench Seat NC $285.00 6.26 - 332 Amp Alternator (Diesel Only)$380.00 $330.00 6.27 - 200 Amp HD Alternator $150.00 $80.00 6.28 - Up fitter Switches NB $155.00 6.29 - Spray-in bedliner $600.00 $380.00 6.30 - Tailgate Step NA $340.00 6.31 - Bed & Camera Delete NB -$249.00 6.32 - Spring package for bed delete NB $115.00 6.33 - Rearview Camera (bed delete)NB $375.00 6.34 - CNG/Propane Prep Package NB $300.00 6.35 - Exterior Color Not Included in Base Price NB $650.00 Page 2 of 3 OFFICIAL VENDORS Master Buick GMC 3710 Washington Rd. Augusta, GA 30907 Allen Vigil Ford Lincoln 6790 Mt. Zion Blvd Morrow, GA 30260 Bid Opening Item #20-273 Pickup Truck 9800GVWR for Augusta, Georgia Central Services Department Fleet Maintenance Division Bid Due: Monday, November 2, 2020 @ 10:00 a.m. Total Number Specifications Mailed Out: 24 Total Number Specifications Download (Demandstar):3 Total Electronic Notifications (Demandstar): 15 Georgia Registry: 193 Total packages submitted: 2 Total Non-Compliant: 1 Color: ___________NB SCHOOL BUS YELLOW 6.36 - Interior Color Not Included in Base Price NB $650.00 Color: ___________NB GREEN 6.37 - Heavy Duty Floor Mats – Front $120.00 $75.00 6.38 - Heavy Duty Floor Mats – Rear $80.00 $60.00 6.39 - Delivery Fee Per Vehicle NC $150.00 6.40 - Extra Key/FOB (Three in Total)NB $225.00 7.01 - Fire extinguisher NB $65.00 7.02 - Outlet receptacle NB $75.00 7.03 - Toolbox $600.00 $475.00 7.04 - Trailer hitch NB STANDARD 2" BALL $50.00 7.05 - Trailer wiring NB STANDARD 7.06 - Trailer ball NB $40.00 7.07 - Window tint, regular cab $120.00 $180.00 7.08 - Window tint, super cab $120.00 $190.00 7.09 - Window tint, crew cab $120.00 $200.00 7.10 - Add on step NB $500.00 7.11 - Backup alarm NB $75.00 7.12 - Drill Free Light Bar Cab Mount NB $797.00 7.13 - LED top mount light NB $682.00 7.14 - County Emergency Equipment Package NB $945.00 7.15 - Steel Service Body Type NB $5,850.00 Exceptions Yes Outfitter's Specialty Items Page 3 of 3 Commission Meeting Agenda 1/6/2021 2:00 PM 2021 Sheriff's Vehicles Department:Central Services Department - Fleet Management Division Department:Central Services Department - Fleet Management Division Caption:Motion to approve the purchase of 27 replacement vehicles for the Sheriff’s Office at a total of $885,438.00 from Thomson Motor Centre. Bid Item 20-242 Background:The Sheriff’s Office is requesting the purchase of 5 replacement vehicles for the Criminal Investigation Division and 21 vehicles for the Road Patrol Division; all vehicles exceed the replacement criteria. A list of vehicles with evaluation criteria is attached for reference. Analysis:The Procurement Department published a competitive bid using the Demand Star application for 2021 Dodge Charger Automobile, Police Model (Bid #20-242). Invitations to bid were sent to nine vendors with one vendor responding. Bid Tab Sheets are attached for your review. Bid #20-242; 2021 Dodge Charger Administrative Package: Thomson Motor Centre = $29,264 Patrol Package V8: Thomson Motor Centre = $33,374 Traffic Package V8: Thomson Motor Centre = $35,004 Financial Impact:5 Chargers, Administrative Package, at $29,264 each (totaling $146,320.00); 19 Dodge Chargers, Patrol Package V8, at $33,374 each (totaling $634,106.00); 3 Dodge Chargers, Traffic Package V8, at $35,004 each (totaling $105,012.00). Total of $885,438.00 to Thomson Motor Centre utilizing SPLOST 7 account; 329-03-1310/54.22110 Alternatives:(1) Approve the request; (2) Do not approve the request Recommendation:Approve the purchase of 27 replacement vehicles for the Sheriff’s Office at a total of $885,438.00 from Thomson Motor Centre Cover Memo Funds are Available in the Following Accounts: SPLOST 7 account; 329-03-1310/54.22110- JL 216036001 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo ASSET DESCRIPTION MILES ACQUISITION COST MAINTENANCE COST TO DATE AGE MILES TYPE RELIABILITY MAINT/REPAIR CONDITION TOTAL 203060 2003 Ford Crown Victoria 212,537 22,745.62$ 14,567.00$ 18 21 3 2 3 3 50 204147 2005 Ford Crown Victoria 157,626 21,979.36$ 9,205.05$ 16 16 3 3 2 3 43 205080 2005 Ford Crown Victoria 234,782 22,443.00$ 18,546.40$ 16 23 3 2 4 3 51 206040 2006 Ford Crown Victoria 195,988 26,126.00$ 34,160.80$ 15 20 3 4 5 3 50 206090 2007 Ford Crown Victoria 220,972 22,597.00$ 7,395.93$ 14 23 3 2 2 3 47 213077 2013 Dodge Charger 176,360 28,860.00$ 19,038.90$ 8 18 4 4 3 4 41 210280 2011 Ford Crown Victoria 176,257 27,943.00$ 18,129.50$ 10 18 4 4 3 4 43 212035 2013 Ford Taurus 170,018 30,324.00$ 11,387.50$ 8 17 4 3 2 4 38 212031 2013 Ford Taurus 168,634 30,324.00$ 14,593.20$ 8 17 4 5 2 4 40 212069 2013 Ford Taurus 168,149 30,324.00$ 17,970.00$ 8 17 4 3 3 4 39 210081 2010 Ford Crown Victoria 165,243 27,943.00$ 15,864.10$ 11 17 4 4 3 4 43 210090 2010 Ford Crown Victoria 164,681 27,943.00$ 26,176.30$ 11 16 4 4 5 4 44 205109 2005 Ford Crown Victoria 164,378 25,267.00$ 25,054.70$ 16 16 4 3 5 4 48 213069 2013 Dodge Charger 163,040 28,860.00$ 18,747.80$ 8 16 4 5 3 4 40 213066 2013 Dodge Charger 162,626 28,860.00$ 15,640.80$ 8 16 4 4 3 4 39 210295 2011 Ford Crown Victoria 161,544 27,943.00$ 22,566.60$ 10 16 4 3 5 4 42 212071 2013 Ford Taurus 160,499 28,789.00$ 17,856.00$ 8 16 4 4 3 4 39 214113 2014 Dodge Charger 160,267 29,240.00$ 14,031.30$ 7 16 4 3 3 4 37 210281 2011 Ford Crown Victoria 155,933 27,943.00$ 21,890.90$ 10 16 4 4 4 4 42 210077 2010 Ford Crown Victoria 155,334 27,943.00$ 24,466.80$ 11 15 4 5 4 4 43 215078 2015 Dodge Charger 154,946 29,490.00$ 14,807.70$ 6 15 4 4 3 4 36 212225 2012 Dodge Charger 154,247 22,998.00$ 32,583.90$ 9 15 4 3 5 4 40 209060 2009 Ford Crown Victoria 154,055 28,154.00$ 18,653.60$ 12 15 4 2 3 4 40 208069 2009 Ford Crown Victoria 152,799 26,309.00$ 13,681.00$ 12 15 4 2 2 4 39 Under 18 Points Excellent 18 to 22 Points Good 23 to 27 Points Qualifies for Replacement 28 Points or more Needs immediate consideration for replacement RCSO-CRIMINAL INVESTIAGTION DIVISION EVALUATIONS RCSO-ROAD PATROL DIVISION EVALUATIONS 20-242 Year: 2021 Make: Dodge Model: Charger Police Model DELIVERY:120 Days ARO Base Price (5.01 Admin Package) $29,264.00 Base Price (5.02 Civil Package) $30,138.00 Base Price (5.03 Marshal Package) $32,667.00 Base Price (5.04 Patrol Package V8) $33,374.00 Base Price (5.05 Traffic Package V8) $35,004.00 Base Price (5.06 Patrol Package V6) $35,070.00 Base Price (5.07 Traffic Package V6) $36,700.00 6.01 HEMI 5.7 Liter Engine N/A 6.02 All-Wheel Drive V-6 Only 6.03 Special Exterior Paint Colors (Each)$450.00 6.04 Police Charger "Convenience group"$432.00 6.05 Park Assist Group STANDARD 6.06 Blind Spot Monitoring $316.00 6.00 Optional Items FOR ALL DEPARTMENTS-DODGE CHARGE POLICE MODEL - BID OPENING 10/05/20 @ 2:00pm Thomson Motor Centre, Inc. Invitation to Bid Sealed bids will be received at this office until Monday, October 5, 2020 @ 2:00 p.m. via ZOOM Meeting ID: 945 8753 8976 Passcode: 465304 for furnishing for: Bid Item #20-242 2021 Dodge Charger Automobile, Police Model – 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 Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department (706-821-2422). All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, September 18, 2020 @ 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 ninety (90) 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 August 27, September 3, 10, 17, 2020 Metro Courier August 27, 2020 OFFICIAL Bid Opening Item #20-242 2021 Dodge Charger Automobile Police Model for Augusta, Georgia- Central Services Department- Fleet Maintenance Division Bid Due: Monday, October 5, 2020 @ 2:00 p.m. VENDORS THOMSON MOTOR CENTRE 2158 WASHINGTON RD NE THOMSON, GA 30824 Attachment B YES E-Verify Number 369935 SAVE Form YES 5.01 Administrative Package-Police Model Charger $29,264.00 5.02 Civil Package Police Model Charger $30,138.00 5.03 Marshal Package Police Model Charger $32,667.00 5.04 Patrol Package V8 Police Model Charger $33,374.00 5.05 Traffic Package V8 Police Model Charger $35,004.00 5.06 Patrol Package V6 Police Model Charger $35,070.00 5.07 Traffic Package V6 Police Model Charger $36,700.00 6.01 HEMI 5.7 Liter engine N/A 6.02 All-wheel drive V6 ONLY Total Number Specifications Mailed Out: 9 Total Number Specifications Download (Demandstar): 2 Total Electronic Notifications (Demandstar): 18 Georgia Registry: 384 Total packages submitted: Total Non-Compliant: VEHICLE/OPTIONS REQUIRED 6.00 OPTIONAL ITEMS Page 1 of 2 OFFICIAL Bid Opening Item #20-242 2021 Dodge Charger Automobile Police Model for Augusta, Georgia- Central Services Department- Fleet Maintenance Division Bid Due: Monday, October 5, 2020 @ 2:00 p.m. VENDORS THOMSON MOTOR CENTRE 2158 WASHINGTON RD NE THOMSON, GA 30824 Total Number Specifications Mailed Out: 9 Total Number Specifications Download (Demandstar): 2 Total Electronic Notifications (Demandstar): 18 Georgia Registry: 384 Total packages submitted: Total Non-Compliant: 6.03 Special exterior paint colors each $450.00 6.04 Police Charger “Convenience Group” $432.00 6.05 Park Assist Group Standard 6.06 Blind Spot Monitoring $316.00 Delivery Schedule 120 days from PO Page 2 of 2 Commission Meeting Agenda 1/6/2021 2:00 PM 2021 Storm Water Sewer Vacuum Lease Department:Central Services Department - Fleet Management Department:Central Services Department - Fleet Management Caption:Motion to approve the lease of two sewer vacuum trucks for the Engineering Department - Storm Water Division from Environmental Products of Georgia for Bid Item 20-261in the amount of $829,894.00 and authorize the Mayor and Law Department to execute any necessary documents. · Background:The Augusta Engineering Department – Storm Water Division would like approval to lease two sewer vacuum trucks under a four year contract. The current lease of two Sewer Vacuum Trucks (Assets # 217032 and 217033), approved in 2017, is set to expire in February 2021 and must be replaced as the need for the equipment still exists. The need to start the process early allows for the vehicles to get ordered in time, lock in the pricing and allow for all the documentation to be completed prior to the expiration of the lease. The purpose of the vacuum trucks are for cleaning and maintaining the storm water drainage system to prevent blockages that occur in the main line. The lease includes the implementation of a full maintenance program due to the specialty requirements of these vehicles. The cost of maintaining this equipment if it was owned outright by the city after four years increases exponentially as they experience major degradation due to the nature of their use. Personnel who maintain the vehicles have to be uniquely qualified to perform the service and the parts to upkeep and repair are exceedingly expensive. The department feels the lease would allow them to obtain two units with the full maintenance program at a portion of the straight purchase price. Analysis:The Procurement Department published a competitive bid using the Demand Star national electronic bid application for Sewer Vacuum Trucks with the following results: Bid 20-261 Sewer Vacuum Truck: 2021 Vactor 2115i – Environmental Products of Georgia - $414,947.00 x 2 = 829,894.00; Sewer Vacuum Truck: 2021 Freightliner 114SD – Jet-Vac Company, LLC - Cover Memo $403,451.00 x 2 = $806,902.00 (Non-Compliant) Environmental Products of Georgia 4 year lease program details as follows: 48 Mo Lease = Four (4) annual payments of $164,046.94 48 Mo Maintenance Contract = Four (4) annual payments of $24,000 Lease end options: (1) To purchase trucks for $124,484.00 each, (2) allow lease to expire with the vendor paying the final $248,968.00 balloon payment, or (3) renew another lease Financial Impact:The total lease cost for the new trucks with full maintenance contract will be for a total of $829,894.00. The trucks will be leased through the use of the department’s enterprise funds (ACCT# 581-04-4320/52-24219). Alternatives:(1) Approve the request (2) Do not approve the request Recommendation:: Approve the request to lease two sewer vacuum trucks with full maintenance contract included from Environmental Products of Georgia. Funds are Available in the Following Accounts: ACCT# 581-04-4320/52-24219 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo 20-261 Year: 2021 2021 Make: Vactor Kenworth T-880 Chassis Freightliner Model: 2115i 114SD DELIVERY: February 1, 2021 120-180 days 8.00 Chassis Requirement $414,947.00 $403,451.00 28.17 Maintenance Contract Rate for each vehicle for the 4-year lease period $12,000.00 $5,000.00 Exceptions Yes/Buyback Yes/Alternate Environmental Products Group FOR ALL DEPARTMENTS-VACUUM TRUCK LEASE - BID OPENING 10/5/20 @ 3:00pm Jet-Vac Company, LLC CITY OF AUGUSTA, GEORGIA DOCUMENTATION INSTRUCTIONS The instructions listed below should be followed when completing the enclosed documentation. Please sign in blue ink and print on single sided paper only. Documentation completed improperly will delay funding. If you have any questions regarding the Conditions to Funding, instructions or the documentation, please call us at 800-700-7878. I. Attached Documentation 1. Government Obligation Contract  An authorized individual that is with the Obligor should sign on the first space provided. All original signatures are required for funding. 2. Exhibit A – Description of Equipment  Review equipment description. Complete serial number/VIN if applicable.  List the location where the equipment will be located after delivery/installation. 3. Exhibit B – Payment Schedule  Sign and print name and title 4. Exhibit C - Acceptance of Obligation  Sign and print name and title 5. Exhibit D - Obligor Resolution  Type in the date of the meeting in which the purchase was approved.  Print or type the name and title of the individual(s) who is authorized to execute the Contract.  The secretary, chairman or other authorized board member of the Obligor must sign the Resolution where indicated.  A second authorized individual that is with the Obligor should attest the Resolution where indicated. 6. Exhibit E - Officer’s Certificate  Sign and print name and title  Please list the Source of Funds for the Contract Payments. 7. Exhibit F - Payment Request & Equipment Acceptance Form  Do Not Return until you need to request funds from the Vendor Payable Account. 8. Exhibit G - Signature Card  Sign and print name and title  An additional individual may sign as an authorized individual, if desired. 9. Exhibit H - Obligor Acknowledgement  Complete information as indicated. 10. Exhibit I - Bank Qualified Certificate  Sign and print name and title 11. Notice of Assignment  Sign and print name and title. 12. Insurance Requirements  Complete insurance company contact information where indicated. 13. Debit Authorization – (Preferred)  Complete form and attach a voided check 14. 8038G IRS Form  Please read 8038 Review Form  In Box 2, type Employer Identification Number  Sign and print name and title II. Condition to Funding If, for any reason: (i) the required documentation is not returned by March 24, 2021, is incomplete, or has unresolved issues relating thereto, or (ii) on, or prior to the return of the documentation, there is a change of circumstance, including but not limited to changes in the federal corporate income tax rate or reducing/capping the tax-exempt interest benefit, which adversely affects the expectations, rights or security of the Obligee or its assignees; then Obligee or its assignees reserve the right to withdraw/void its offer to fund this transaction in its entirety. Neither KS StateBank nor Baystone Government Finance is acting as an advisor to the municipal entity/obligated person and neither owes a fiduciary duty pursuant to Section 15B of the Exchange Act of 1934. All documentation should be returned to: Republic First National Corporation 2525 West State Road 114 Rochester, Indiana 46975 GA SFP Non-App BQ VPA GOVERNMENT OBLIGATION CONTRACT Obligor Obligee City of Augusta, Georgia Republic First National Corporation 535 Telfair Street, Suite 800 2525 West State Road 114 Augusta, Georgia 30901 Rochester, Indiana 46975 Dated as of November 20, 2020 This Government Obligation Contract dated as of the date listed above is between Obligee and Obligor listed directly above. Obligee desires to finance the purchase of the Equipment described in Exhibit A to Obligor and Obligor desires to have Obligee finance the purchase of the Equipment subject to the terms and conditions of this Contract which are set forth below. I. Definitions Section 1.01 Definitions. The following terms will have the meanings indicated below unless the context clearly requires otherwise: “Additional Schedule” refers to the proper execution of additional schedules to Exhibit A and Exhibit B, as well as other exhibits or documents that may be required by the Obligee all of which relate to the financing of additional Equipment. “Budget Year” means the Obligor's fiscal year. “Commencement Date” is the date when Obligor's obligation to pay Contract Payments begins. “Contract” means this Government Obligation Contract and all Exhibits attached hereto, all addenda, modifications, schedules, refinancings, guarantees and all documents relied upon by Obligee prior to execution of this Contract. “Contract Payments” means the payments Obligor is required to make under this Contract as set forth on Exhibit B. “Contract Term” means the Original Term and all Renewal Terms. “Exhibit” includes the Exhibits attached hereto, and any “Additional Schedule”, whether now existing or subsequently created. “Equipment” means all of the items of Equipment listed on Exhibit A and any Additional Schedule, whether now existing or subsequently created, and all replacements, restorations, modifications and improvements. “Government” as used in the title hereof means a State or a political subdivision of the State within the meaning of Section 103(a) of the Internal Revenue Code of 1986, as amended (“Code”), or a constituted authority or district authorized to issue obligations on behalf of the State or political subdivision of the State within the meaning of Treasury Regulation 1.103-1(b), or a qualified volunteer fire company within the meaning of section 150(e)(1) of the Code. “Obligee” means the entity originally listed above as Obligee or any of its assignees. “Obligor” means the entity listed above as Obligor and which is financing the Equipment through Obligee under the provisions of this Contract. “Original Term” means the period from the Commencement Date until the end of the Budget Year of Obligor. “Partial Prepayment Date” means the first Contract Payment date that occurs on or after the earlier of (a) the twenty-four month (24) anniversary of the Commencement Date or (b) the date on which Obligor has accepted all the Equipment and all amounts have been disbursed from the Vendor Payable Account to pay for the Equipment. “Purchase Price” means the total cost of the Equipment, including all delivery charges, installation charges, legal fees, financing costs, recording and filing fees and other costs necessary to vest full, clear legal title to the Equipment in Obligor, subject to the security interest granted to and retained by Obligee as set forth in this Contract, and otherwise incurred in connection with the financing of this Equipment. “Renewal Term” means the annual term which begins at the end of the Original Term and which is simultaneous with Obligor's Budget Year and each succeeding Budget Year for the number of Budget Years necessary to comprise the Contract Term. “State” means the state which Obligor is located. “Surplus Amount” means any amount on deposit in the Vendor Payable Account on the Partial Prepayment Date. “Vendor Payable Account” means the separate account of that name established pursuant to Section X of this Contract. II. Obligor Warranties Section 2.01 Obligor represents, warrants and covenants as follows for the benefit of Obligee or its assignees: (a) Obligor is an “issuer of tax exempt obligations” because Obligor is the State or a political subdivision of the State within the meaning of Section 103(a) of the Internal Revenue Code of 1986, as amended, (the “Code”) or because Obligor is a constituted authority or district authorized to issue obligations on behalf of the State or political subdivision of the State within the meaning of Treasury Regulation 1.103-1(b), or a qualified volunteer fire company within the meaning of section 150(e)(1) of the Code. (b) Obligor has complied with any requirement for a referendum and/or competitive bidding. (c) Obligor has complied with all statutory laws and regulations that may be applicable to the execution of this Contract; Obligor, and its officer executing this Contract, are authorized under the Constitution and laws of the State to enter into this Contract and have used and followed all proper procedures of its governing body in executing and delivering this Contract. The officer of Obligor executing this Contract has the authority to execute and deliver this Contract. This Contract constitutes a legal, valid, binding and enforceable obligation of the Obligor in accordance with its terms. (d) Obligor shall use the Equipment only for essential, traditional government purposes. (e) Should the IRS disallow the tax-exempt status of the interest portion of the Contract Payments as a result of the failure of the Obligor to use the Equipment for governmental purposes, or should the Obligor cease to be an issuer of tax exempt obligations, or should the obligation of Obligor created under this Contract cease to be a tax exempt obligation for any reason, then Obligor shall be required to pay additional sums to the Obligee or its assignees so as to bring the after tax yield on this Contract to the same level as the Obligee or its assignees would attain if the transaction continued to be tax-exempt. (f) Obligor has never non-renewed funds under a contract similar to this Contract. (g) Obligor will submit to the Secretary of the Treasury an information reporting statement as required by the Code. (h) Upon request by Obligee, Obligor will provide Obligee with current financial statements, reports, budgets or other relevant fiscal information. (i) Obligor shall retain the Equipment free of any hazardous substances as defined in the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 et. seq. as amended and supplemented. (j) Obligor hereby warrants the General Fund of the Obligor is the primary source of funds or a backup source of funds from which the Contract Payments will be made. (k) Obligor presently intends to continue this Contract for the Original Term and all Renewal Terms as set forth on Exhibit B hereto. The official of Obligor responsible for budget preparation will include in the budget request for each Budget Year the Contract Payments to become due in such Budget Year, and will use all reasonable and lawful means available to secure the appropriation of money for such Budget Year sufficient to pay the Contract Payments coming due therein. Obligor reasonably believes that moneys can and will lawfully be appropriated and made available for this purpose. (l) Obligor has selected both the Equipment and the vendor(s) from whom the Equipment is to be purchased upon its own judgment and without reliance on any manufacturer, merchant, vendor or distributor, or agent thereof, of such equipment to the public. (m) Obligor owns the Equipment and any additional collateral free and clear of any liens, and Obligor has not and will not, during the Contract Term, create, permit, incur or assume any levies, liens or encumbrances of any kind with respect to the Equipmentor any additional collateral except those created by this Contract. Section 2.02 Escrow Agreement. In the event both Obligee and Obligor mutually agree to utilize an Escrow Account, then immediately following the execution and delivery of this Contract, Obligee and Obligor agree to execute and deliver and to cause Escrow Agent to execute and deliver the Escrow Agreement. This Contract shall take effect only upon execution and delivery of the Escrow Agreement by the parties thereto. Obligee shall deposit or cause to be deposited with the Escrow Agent for credit to the Equipment Acquisition Fund the sum of N/A, which shall be held, invested and disbursed in accordance with the Escrow Agreement. III. Acquisition of Equipment, Contract Payments and the Purchase Option Price Section 3.01 Acquisition and Acceptance. Obligor shall be solely responsible for the ordering of the Equipment and for the delivery and installation of the Equipment. The Payment Request and Equipment Acceptance Form must be signed by the same authorized individual(s) who signed the Signature Card, Exhibit G. By making a Contract Payment after its receipt of the Equipment pursuant to this Contract, Obligor shall be deemed to have accepted the Equipment on the date of such Contract Payment for purposes of this Contract. All Contract Payments paid prior to delivery of the Payment Request and Equipment Acceptance Form shall be credited to Contract Payments as they become due as shown on the Contract Payment Schedule attached as Exhibit B hereto. Section 3.02 Contract Payments. Obligor shall pay Contract Payments exclusively to Obligee or its assignees in lawful, legally available money of the United States of America. The Contract Payments shall be sent to the location specified by the Obligee or its assignees. The Contract Payments shall constitute a current expense of the Obligor and shall not constitute an indebtedness of the Obligor. The Contract Payments, payable without notice or demand, are due as set forth on Exhibit B. Obligee shall have the option to charge interest at the highest lawful rate on any Contract Payment received later than the due date for the number of days that the Contract Payment(s) were late, plus any additional accrual on the outstanding balance for the number of days that the Contract Payment(s) were late. Obligee shall also have the option, on monthly payments only, to charge a late fee of up to 10% of the monthly Contract Payment that is past due. Furthermore, Obligor agrees to pay any fees associated with the use of a payment system other than check, wire transfer, or ACH. Once all amounts due Obligee hereunder have been received, Obligee will release any and all of its rights, title and interest in the Equipment. SECTION 3.03 CONTRACT PAYMENTS UNCONDITIONAL. Except as provided under Section 4.01,THE OBLIGATIONS OF OBLIGOR TO MAKE CONTRACT PAYMENTS AND TO PERFORM AND OBSERVE THE OTHER COVENANTS CONTAINED IN THIS CONTRACT SHALL BE ABSOLUTE AND UNCONDITIONAL IN ALL EVENTS WITHOUT ABATEMENT, DIMINUTION, DEDUCTION, SET-OFF, OR SUBJECT TO DEFENSE OR COUNTERCLAIM. Section 3.04 Purchase Option Price. Upon thirty (30) days written notice, Obligor shall have the option to pay, in addition to the Contract Payment, the corresponding Purchase Option Price which is listed on the same line on Exhibit B. This option is only available to the Obligor on the Contract Payment date and no partial prepayments are allowed. If Obligor chooses this option and pays the Purchase Option Price to Obligee then Obligee will transfer any and all of its rights, title and interest in the Equipment to Obligor. Section 3.05 Contract Term. The Contract Term shall be the Original Term and all Renewal Terms until all the Contract Payments are paid as set forth on Exhibit B except as provided under Section 4.01 and Section 9.01 below. If, after the end of the budgeting process which occurs at the end of the Original Term or any Renewal Term, Obligor has renewed as provided for in this Contract then the Contract Term shall be extended into the next Renewal Term and the Obligor shall be obligated to make all the Contract Payments that come due during such Renewal Term. Section 3.06 Disclaimer of Warranties. OBLIGEE MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER WARRANTY WITH RESPECT TO THE EQUIPMENT. OBLIGEE IS NOT A MANUFACTURER, SELLER, VENDOR OR DISTRIBUTOR, OR AGENT THEREOF, OF SUCH EQUIPMENT; NOR IS OBLIGEE A MERCHANT OR IN THE BUSINESS OF DISTRIBUTING SUCH EQUIPMENT TO THE PUBLIC. OBLIGEE SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGE ARISING OUT OF THE INSTALLATION, OPERATION, POSSESSION, STORAGE OR USE OF THE EQUIPMENT BY OBLIGOR. IV. Non-Renewal Section 4.01 Non-Renewal. The Contract shall terminate absolutely and without further obligation on the part of the Obligor at the end of each Budget Year during the Contract Term unless it is automatically renewed as set forth below. If Obligor chooses to not renew, then all obligations of the Obligor under this Contract regarding Contract Payments for all remaining Renewal Terms shall be terminated at the end of the then current Budget Year without penalty or liability to the Obligor of any kind provided that if Obligor has not delivered possession of the Equipment to Obligee as provided herein and conveyed to Obligee or released its interest in the Equipment by the end of the last Budget Year for which Contract Payments were paid, the termination shall nevertheless be effective but Obligor shall be responsible for the payment of damages in an amount equal to the amount of the Contract Payments thereafter coming due under Exhibit B which are attributable to the number of days after such Budget Year during which Obligor fails to take such actions and for any other loss suffered by Obligee as a result of Obligor’s failure to take such actions as required. This Contract will automatically renew at the end of each Budget Year unless positive action is taken by Obligor as evidenced by a resolution passed by the Obligor’s governing body to terminate the Contract. Obligor shall immediately notify the Obligee as soon as the decision to non-renew is made. If such non-renewal occurs, then Obligor shall deliver the Equipment to Obligee as provided below in Section 9.04. Obligor shall be liable for all damage to the Equipment other than normal wear and tear. If Obligor fails to deliver the Equipment to Obligee, then Obligee may enter the premises where the Equipment is located and take possession of the Equipment and charge Obligor for costs incurred. V. Insurance, Damage, Insufficiency of Proceeds Section 5.01 Insurance. Obligor shall maintain both property insurance and liability insurance at its own expense with respect to the Equipment. Obligor shall be solely responsible for selecting the insurer(s) and for making all premium payments and ensuring that all policies are continuously kept in effect during the period when Obligor is required to make Contract Payments. Obligor shall provide Obligee with a certificate of Insurance which lists the Obligee and/or assigns as a loss payee and an additional insured on the policies with respect to the Equipment. (a) Obligor shall insure the Equipment against any loss or damage by fire and all other risks covered by the standard extended coverage endorsement then in use in the State and any other risks reasonably required by Obligee in an amount at least equal to the then applicable Purchase Option Price of the Equipment. Alternatively, Obligor may insure the Equipment under a blanket insurance policy or policies. (b) The liability insurance shall insure Obligee from liability and property damage in any form and amount satisfactory to Obligee. (c) Obligor may self-insure against the casualty risks and liability risks described above. If Obligor chooses this option, Obligor must furnish Obligee with a certificate and/or other documents which evidences such coverage. (d) All insurance policies issued or affected by this Section shall be so written or endorsed such that the Obligee and its assignees are named additional insureds and loss payees and that all losses are payable to Obligor and Obligee or its assignees as their interests may appear. Each policy issued or affected by this Section shall contain a provision that the insurance company shall not cancel or materially modify the policy without first giving thirty (30) days advance notice to Obligee or its assignees. Obligor shall furnish to Obligee certificates evidencing such coverage throughout the Contract Term. Section 5.02 Damage to or Destruction of Equipment. Obligor assumes the risk of loss or damage to the Equipment. If the Equipment or any portion thereof is lost, stolen, damaged, or destroyed by fire or other casualty, Obligor will immediately report all such losses to all possible insurers and take the proper procedures to obtain all insurance proceeds. At the option of Obligee, Obligor shall either (1) apply the Net Proceeds to replace, repair or restore the Equipment or (2) apply the Net Proceeds to the applicable Purchase Option Price. For purposes of this Section and Section 5.03, the term Net Proceeds shall mean the amount of insurance proceeds collected from all applicable insurance policies after deducting all expenses incurred in the collection thereof. Section 5.03 Insufficiency of Net Proceeds. If there are no Net Proceeds for whatever reason or if the Net Proceeds are insufficient to pay in full the cost of any replacement, repair, restoration, modification or improvement of the Equipment, then Obligor shall, at the option of Obligee, either (1) complete such replacement, repair, restoration, modification or improvement and pay any costs thereof in excess of the amount of the Net Proceeds or (2) apply the Net Proceeds to the Purchase Option Price and pay the deficiency, if any, to the Obligee. Section 5.04 Obligor Negligence. Obligor assumes all risks and liabilities, whether or not covered by insurance, for loss or damage to the Equipment and for injury to or death of any person or damage to any property whether such injury or death be with respect to agents or employees of Obligor or of third parties, and whether such property damage be to Obligor’s property or the property of others (including, without limitation, liabilities for loss or damage related to the release or threatened release of hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act or similar or successor law or any State or local equivalent now existing or hereinafter enacted which in any manner arise out of or are incident to any possession, use, operation, condition or storage of any Equipment by Obligor), which is proximately caused by the negligent conduct of Obligor, its officers, employees and agents. Section 5.05 Reimbursement. Obligor hereby assumes responsibility for and agrees to reimburse Obligee for all liabilities, obligations, losses, damages, penalties, claims, actions, costs and expenses (including reasonable attorneys’ fees) of whatsoever kind and nature, imposed on, incurred by or asserted against Obligee that in any way relate to or arise out of a claim, suit or proceeding, based in whole or in part upon the negligent conduct of Obligor, its officers, employees and agents, or arose out of installation, operation, possession, storage or use of any item of the Equipment, to the maximum extent permitted by law. VI. Title and Security Interest Section 6.01 Title. Title to the Equipment shall vest in Obligor when Obligor acquires and accepts the Equipment. Title to the Equipment will automatically transfer to the Obligee in the event Obligor chooses to not renew under Section 4.01 or in the event Obligor defaults under Section 9.01. In such event, Obligor shall execute and deliver to Obligee such documents as Obligee may request to evidence the passage of legal title to the Equipment to Obligee. Section 6.02 Security Interest. To secure the payment of all Obligor’s obligations under this Contract, as well as all other obligations, debts and liabilities, plus interest thereon, whether now existing or subsequently created, Obligor hereby grants to Obligee a security interest under the Uniform Commercial Code constituting a first lien on the Equipment described more fully on Exhibit A. Furthermore, Obligor agrees that any other collateral securing any other obligation(s) to Obligee, whether offered prior to or subsequent hereto, also secures this obligation. The security interest established by this section includes not only all additions, attachments, repairs and replacements to the Equipment but also all proceeds therefrom. Obligor authorizes Obligee to prepare and record any Financing Statement required under the Uniform Commercial Code to perfect the security interest created hereunder. Obligor agrees that any Equipment listed on Exhibit A is and will remain personal property and will not be considered a fixture even if attached to real property. VII. Assignment Section 7.01 Assignment by Obligee. All of Obligee's rights, title and/or interest in and to this Contract may be assigned and reassigned in whole or in part to one or more assignees or sub- assignees by Obligee at any time without the consent of Obligor. No such assignment shall be effective as against Obligor until the assignor shall have filed with Obligor written notice of assignment identifying the assignee. Obligor shall pay all Contract Payments due hereunder relating to such Equipment to or at the direction of Obligee or the assignee named in the notice of assignment. Obligor shall keep a complete and accurate record of all such assignments. Section 7.02 Assignment by Obligor. None of Obligor's right, title and interest under this Contract and in the Equipment may be assigned by Obligor unless Obligee approves of such assignment in writing before such assignment occurs and only after Obligor first obtains an opinion from nationally recognized counsel stating that such assignment will not jeopardize the tax-exempt status of the obligation. VIII. Maintenance of Equipment Section 8.01 Equipment. Obligor shall keep the Equipment in good repair and working order, and as required by manufacturer’s and warranty specifications. If Equipment consists of copiers, Obligor is required to enter into a copier maintenance/service agreement. Obligee shall have no obligation to inspect, test, service, maintain, repair or make improvements or additions to the Equipment under any circumstances. Obligor will be liable for all damage to the Equipment, other than normal wear and tear, caused by Obligor, its employees or its agents. Obligor shall pay for and obtain all permits, licenses and taxes related to the ownership, installation, operation, possession, storage or use of the Equipment. If the Equipment includes any titled vehicle(s), then Obligor is responsible for obtaining such title(s) from the State and also for ensuring that Obligee is listed as First Lienholder on all of the title(s). Obligor shall not use the Equipment to haul, convey or transport hazardous waste as defined in the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et. seq. Obligor agrees that Obligee or its Assignee may execute any additional documents including financing statements, affidavits, notices, and similar instruments, for and on behalf of Obligor which Obligee deems necessary or appropriate to protect Obligee’s interest in the Equipment and in this Contract. Obligor shall allow Obligee to examine and inspect the Equipment at all reasonable times. IX. Default Section 9.01 Events of Default defined. The following events shall constitute an “Event of Default” under this Contract: (a) Failure by Obligor to pay any Contract Payment listed on Exhibit B for fifteen (15) days after such payment is due according to the Payment Date listed on Exhibit B. (b) Failure to pay any other payment required to be paid under this Contract at the time specified herein and a continuation of said failure for a period of fifteen (15) days after written notice by Obligee that such payment must be made. If Obligor continues to fail to pay any payment after such period, then Obligee may, but will not be obligated to, make such payments and charge Obligor for all costs incurred plus interest at the highest lawful rate. (c) Failure by Obligor to observe and perform any warranty, covenant, condition, promise or duty under this Contract for a period of thirty (30) days after written notice specifying such failure is given to Obligor by Obligee, unless Obligee agrees in writing to an extension of time. Obligee will not unreasonably withhold its consent to an extension of time if corrective action is instituted by Obligor. Subsection (c) does not apply to Contract Payments and other payments discussed above. (d) Any statement, material omission, representation or warranty made by Obligor in or pursuant to this Contract which proves to be false, incorrect or misleading on the date when made regardless of Obligor's intent and which materially adversely affects the rights or security of Obligee under this Contract. (e) Any provision of this Contract which ceases to be valid for whatever reason and the loss of such provision would materially adversely affect the rights or security of Obligee. (f) Except as provided in Section 4.01 above, Obligor admits in writing its inability to pay its obligations. (g) Obligor defaults on one or more of its other obligations. (h) Obligor becomes insolvent, is unable to pay its debts as they become due, makes an assignment for the benefit of creditors, applies for or consents to the appointment of a receiver, trustee, conservator, custodian, or liquidator of Obligor, or all or substantially all of its assets, or a petition for relief is filed by Obligor under federal bankruptcy, insolvency or similar laws, or is filed against Obligor and is not dismissed within thirty (30) days thereafter. Section 9.02 Remedies on Default . Whenever any Event of Default exists, Obligee shall have the right to take one or any combination of the following remedial steps: (a) With or without terminating this Contract, Obligee may declare all Contract Payments and other amounts payable by Obligor hereunder to the end of the then current Budget Year to be immediately due and payable. (b) With or without terminating this Contract, Obligee may require Obligor at Obligor's expense to redeliver any or all of the Equipment and any additional collateral to Obligee as provided below in Section 9.04. Such delivery shall take place within fifteen (15) days after the Event of Default occurs. If Obligor fails to deliver the Equipment and any additional collateral, Obligee may enter the premises where the Equipment and any additional collateral is located and take possession of the Equipment and any additional collateral and charge Obligor for costs incurred. Notwithstanding that Obligee has taken possession of the Equipment and any additional collateral, Obligor shall still be obligated to pay the remaining Contract Payments due up until the end of the then current Original Term or Renewal Term. Obligor will be liable for any damage to the Equipment and any additional collateral caused by Obligor or its employees or agents. (c) Obligee may take whatever action at law or in equity that may appear necessary or desirable to enforce its rights. Obligor shall be responsible to Obligee for all costs incurred by Obligee in the enforcement of its rights under this Contract including, but not limited to, reasonable attorney fees. Section 9.03 No Remedy Exclusive. No remedy herein conferred upon or reserved to Obligee is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Contract now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or shall be construed to be a waiver thereof. Section 9.04 Return of Equipment and Storage. (a) Surrender: The Obligor shall, at its own expense, surrender the Equipment, any additional collateral and all required documentation to evidence transfer of title from Obligor to the Obligee in the event of a default or a non-renewal by delivering the Equipment and any additional collateral to the Obligee to a location accessible by common carrier and designated by Obligee. In the case that any of the Equipment and any additional collateral consists of software, Obligor shall destroy all intangible items constituting such software and shall deliver to Obligee all tangible items constituting such software. At Obligee’s request, Obligor shall also certify in a form acceptable to Obligee that Obligor has complied with the above software return provisions and that they will immediately cease using the software and that they shall permit Obligee and/or the vendor of the software to inspect Obligor’s locations to verify compliance with the terms hereto. (b) Delivery: The Equipment and any additional collateral shall be delivered to the location designated by the Obligee by a common carrier unless the Obligee agrees in writing that a common carrier is not needed. When the Equipment and any additional collateral is delivered into the custody of a common carrier, the Obligor shall arrange for the shipping of the item and its insurance in transit in accordance with the Obligee’s instructions and at the Obligor’s sole expense. Obligor at its expense shall completely sever and disconnect the Equipment and any additional collateral or its component parts from the Obligor’s property all without liability to the Obligee. Obligor shall pack or crate the Equipment and any additional collateral and all of the component parts of the Equipment and any additional collateral carefully and in accordance with any recommendations of the manufacturer. The Obligor shall deliver to the Obligee the plans, specifications, operation manuals or other warranties and documents furnished by the manufacturer or vendor on the Equipment and any additional collateral and such other documents in the Obligor’s possession relating to the maintenance and methods of operation of such Equipment and any additional collateral. (c) Condition: When the Equipment is surrendered to the Obligee it shall be in the condition and repair required to be maintained under this Contract. It will also meet all legal regulatory conditions necessary for the Obligee to sell or lease it to a third party and be free of all liens. If Obligee reasonably determines that the Equipment or an item of the Equipment, once it is returned, is not in the condition required hereby, Obligee may cause the repair, service, upgrade, modification or overhaul of the Equipment or an item of the Equipment to achieve such condition and upon demand, Obligor shall promptly reimburse Obligee for all amounts reasonably expended in connection with the foregoing. (d) Storage: Upon written request by the Obligee, the Obligor shall provide free storage for the Equipment and any additional collateral for a period not to exceed 60 days after the expiration of the Contract Term before returning it to the Obligee. The Obligor shall arrange for the insurance described to continue in full force and effect with respect to such item during its storage period and the Obligee shall reimburse the Obligor on demand for the incremental premium cost of providing such insurance. X. Vendor Payable Account Section 10.01 Establishment of Vendor Payable Account. On the date that the Obligee executed this Contract, which is on or after the date that the Obligor executes this Contract, Obligee agrees to (i) make available to Obligor an amount sufficient to pay the total Purchase Price for the Equipment by establishing a separate, non-interest bearing account (the “Vendor Payable Account”), as agent for Obligor’s account, with a financial institution that Obligee selects that is acceptable to Obligor (including Obligee or any of its affiliates) and (ii) to deposit an amount equal to such Purchase Price as reflected on Exhibit B in the Vendor Payable Account. Obligor hereby further agrees to make the representations, warranties and covenants relating to the Vendor Payable Account as set forth in Exhibit C attached hereto. Upon Obligor’s delivery to Obligee of a Payment Request and Equipment Acceptance Form in the form set forth in Exhibit F attached hereto, Obligor authorizes Obligee to withdraw funds from the Vendor Payable Account from time to time to pay the Purchase Price, or a portion thereof, for each item of Equipment as it is delivered to Obligor. The Payment Request and Equipment Acceptance Form must be signed by an authorized individual acting on behalf of Obligor. The authorized individual or individuals designated by the Obligor must sign the Signature Card which will be kept in the possession of the Obligee. Section 10.02 Down Payment. Prior to the disbursement of any funds from the Vendor Payable Account, the Obligor must either (1) deposit all the down payment funds that the Obligor has committed towards the purchase of the Equipment into the Vendor Payable Account or (2) Obligor must provide written verification to the satisfaction of the Obligee that all the down payment funds Obligor has committed towards the purchase of the Equipment have already been spent or are simultaneously being spent with the funds requested from the initial Payment Request and Equipment Acceptance Form. For purposes of this Section, the down payment funds committed towards the Equipment from the Obligor are the down payment funds that were represented to the Obligee at the time this transaction was submitted for credit approval by the Obligor to the Obligee. Section 10.03 Disbursement upon Non-Renewal or Default. If an event of non-renewal or default occurs prior to the Partial Prepayment Date, the amount then on deposit in the Vendor Payable Account shall be retained by the Obligee and Obligor will have no interest therein. Section 10.04 Surplus Amount. Any Surplus Amount then on deposit in the Vendor Payable Account on the Partial Prepayment Date shall be applied to pay on such Partial Prepayment Date a portion of the Purchase Option Price then applicable. Section 10.05 Recalculation of Contract Payments. Upon payment of a portion of the Purchase Option Price as provided in Section 10.04 above, each Contract Payment thereafter shall be reduced by an amount calculated by Obligee based upon a fraction the numerator of which is the Surplus Amount and the denominator of which is the Purchase Option Price on such Partial Prepayment Date. Within 15 days after such Partial Prepayment Date, Obligee shall provide to Obligor a revised Exhibit B to this Contract, which shall take into account such payment of a portion of the Purchase Option Price thereafter and shall be and become thereafter Exhibit B to this Contract. Notwithstanding any other provision of this Section 10, this Contract shall remain in full force and effect with respect to all or the portion of the Equipment accepted by Obligor as provided in this Contract, and the portion of the principal component of Contract Payments remaining unpaid after the Partial Prepayment Date plus accrued interest thereon shall remain payable in accordance with the terms of this Contract, including revised Exhibit B hereto which shall be binding and conclusive upon Obligee and Obligor. XI. Miscellaneous Section 11.01 Notices. All notices shall be sufficiently given and shall be deemed given when delivered or mailed by registered mail, postage prepaid, to the parties at their respective places of business as first set forth herein or as the parties shall designate hereafter in writing. Section 11.02 Binding Effect. Obligor acknowledges this Contract is not binding upon the Obligee or its assignees unless the Conditions to Funding listed on the Documentation Instructions have been met to Obligee's satisfaction, and Obligee has executed the Contract. Thereafter, this Contract shall inure to the benefit of and shall be binding upon Obligee and Obligor and their respective successors and assigns. Section 11.03 Severability. In the event any provision of this Contract shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section 11.04 Amendments, Addenda, Changes or Modifications. This Contract may be amended, added to, changed or modified by written agreement duly executed by Obligee and Obligor. Furthermore, Obligee reserves the right to directly charge or amortize into the remaining balance due from Obligor, a reasonable fee, to be determined at that time, as compensation to Obligee for the additional administrative expense resulting from such amendment, addenda, change or modification requested by Obligor. Section 11.05 Execution in Counterparts. This Contract may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Section 11.06 Captions. The captions or headings in this Contract do not define, limit or describe the scope or intent of any provisions or sections of this Contract. Section 11.07 Master Contract. This Contract can be utilized as a Master Contract. This means that the Obligee and the Obligor may agree to the financing of additional Equipment under this Contract at some point in the future by executing one or more Additional Schedules to Exhibit A and Exhibit B, as well as other exhibits or documents that may be required by Obligee. Additional Schedules will be consecutively numbered on each of the exhibits which make up the Additional Schedule and all the terms and conditions of the Contract shall govern each Additional Schedule. Section 11.08 Entire Writing. This Contract constitutes the entire writing between Obligee and Obligor. No waiver, consent, modification or change of terms of this Contract shall bind either party unless in writing and signed by both parties, and then such waiver, consent, modification or change shall be effective only in the specific instance and for the specific purpose given. There are no understandings, agreements, representations, conditions, or warranties, express or implied, which are not specified herein regarding this Contract, the Equipment or any additional collateral, financed hereunder. Any terms and conditions of any purchase order or other documents submitted by Obligor in connection with this Contract which are in addition to or inconsistent with the terms and conditions of this Contract will not be binding on Obligee and will not apply to this Contract. Obligee and Obligor have caused this Contract to be executed in their names by their duly authorized representatives listed below. City of Augusta, Georgia Republic First National Corporation Signature Signature Hardie Davis, Jr., Mayor Printed Name and Title Printed Name and Title Schedule (01) EXHIBIT A DESCRIPTION OF EQUIPMENT RE: Government Obligation Contract dated as of November 20, 2020, between Republic First National Corporation (Obligee) and City of Augusta, Georgia (Obligor) Below is a detailed description of all the items of Equipment including quantity, model number and serial number where applicable: Two (2) Vactor Trucks Physical Address of Equipment after Delivery : 2316 Tobacco Rd., Augusta, GA 30906 Schedule (01) EXHIBIT B PAYMENT SCHEDULE RE: Government Obligation Contract dated as of November 20, 2020, between Republic First National Corporation (Obligee) and City of Augusta, Georgia (Obligor) Date of First Payment: April 1, 2021 Original Balance: $829,894.00 Total Number of Payments: Five (5) Number of Payments Per Year: One (1) Pmt Due Total Service Contract Applied to Applied to *Purchase No. Date Payment Payment Payment Interest Principal Option Price 1 1-Apr-21 $188,046.94 $24,000.00 $164,046.94 $10,659.92 $153,387.02 $694,432.17 2 1-Apr-22 $188,046.94 $24,000.00 $164,046.94 $23,699.12 $140,347.82 $547,607.15 3 1-Apr-23 $188,046.94 $24,000.00 $164,046.94 $18,782.51 $145,264.43 $397,140.87 4 1-Apr-24 $188,046.94 $24,000.00 $164,046.94 $13,693.66 $150,353.28 $242,943.02 5 1-Apr-25 $248,968.00 $0.00 $248,968.00 $8,426.55 $240,541.45 $0.00 City of Augusta, Georgia Signature Hardie Davis, Jr., Mayor Printed Name and Title *Assumes all Contract Payments due to date are paid Schedule (01) EXHIBIT C ACCEPTANCE OF OBLIGATION TO COMMENCE CONTRACT PAYMENTS UNDER EXHIBIT B RE: Government Obligation Contract dated as of November 20, 2020, between Republic First National Corporation (Obligee) and City of Augusta, Georgia (Obligor) I, the undersigned, hereby certify that I am a duly qualified representative of Obligor and that I have been given the authority by the governing body of Obligor to sign this Acceptance of Obligation to commence Contract Payments with respect to the above referenced Contract. I hereby certify that: 1. The Equipment described on Exhibit A has not been delivered, installed or available for use as of the Commencement date of this Contract. 2. Obligor acknowledges that Obligee has agreed to deposit into a Vendor Payable Account an amount sufficient to pay the total purchase price (the “Purchase Price”) for the Equipment so identified in such Exhibit A; 3. The principal amount of the Contract Payments in the Exhibit B accurately reflects the Purchase Price; 4. Obligor agrees to execute a Payment Request and Equipment Acceptance Form authorizing payment of the Purchase Price, or a portion thereof, for each withdrawal of funds from the Vendor Payable Account. Notwithstanding that the Equipment has not been delivered to or accepted by Obligor on the date of execution of the Contract, Obligor hereby warrants that: (a) Obligor’s obligation to commence Contract Payments as set forth in Exhibit B is absolute and unconditional as of the Commencement Date and on each date set forth in Exhibit B thereafter, subject to the terms and conditions of the Contract; (b) immediately upon delivery and acceptance of all the Equipment, Obligor will notify Obligee of Obligor’s final acceptance of the Equipment by delivering to Obligee the “Payment Request and Equipment Acceptance Form” in the form set forth in Exhibit F attached to the Contract; (c) in the event that any Surplus Amount is on deposit in the Vendor Payable Account when an event of non-renewal or default under the Contract occurs, then those amounts shall be applied as provided in Section 10 of the Contract; (d) regardless of whether Obligor delivers a final Payment Request and Equipment Acceptance Form, all Contract Payments paid prior to delivery of all the Equipment shall be credited to Contract Payments as they become due under the Contract as set forth in Exhibit B. City of Augusta, Georgia Signature Hardie Davis, Jr., Mayor Printed Name and Title Schedule (01) EXHIBIT D OBLIGOR RESOLUTION RE: Government Obligation Contract dated as of November 20, 2020, between Republic First National Corporation (Obligee) and City of Augusta, Georgia (Obligor) At a duly called meeting of the Governing Body of the Obligor (as defined in the Contract) held on ____________________________ the following resolution was introduced and adopted: BE IT RESOLVED by the Governing Body of Obligor as follows: 1. Determination of Need. The Governing Body of Obligor has determined that a true and very real need exists for the acquisition of the Equipment described on Exhibit A of the Government Obligation Contract dated as of November 20, 2020, between City of Augusta, Georgia (Obligor) and Republic First National Corporation (Obligee). 2. Approval and Authorization. The Governing Body of Obligor has determined that the Contract, substantially in the form presented to this meeting, is in the best interests of the Obligor for the acquisition of such Equipment, and the Governing Body hereby approves the entering into of the Contract by the Obligor and hereby designates and authorizes the following person(s) to execute and deliver the Contract on Obligor’s behalf with such changes thereto as such person(s) deem(s) appropriate, and any related documents, including any Escrow Agreement, necessary to the consummation of the transaction contemplated by the Contract. Authorized Individual(s): Hardie Davis, Jr., Mayor (Typed or Printed Name and Title of individual(s) authorized to execute the Contract) 3. Adoption of Resolution. The signatures below from the designated individuals from the Governing Body of the Obligor evidence the adoption by the Governing Body of this Resolution. Signature: (Signature of Secretary, Board Chairman or other member of the Governing Body) Printed Name & Title: Hardie Davis, Jr., Mayor (Printed Name and Title of individual who signed directly above) Attested By: (Signature of one additional person who can witness the passage of this Resolution) Printed Name & Title: Lena J. Bonner, Clerk of Commission (Printed Name of individual who signed directly above) Schedule (01) EXHIBIT E OFFICER’S CERTIFICATE RE: Government Obligation Contract dated as of November 20, 2020, between Republic First National Corporation (Obligee) and City of Augusta, Georgia (Obligor) I, the undersigned, hereby certify that I am a duly qualified representative of Obligor and that I have been given the authority by the governing body of Obligor to sign this Officer’s Certificate with respect to the above referenced Contract. I hereby certify that: 1. Obligor has appropriated and/or taken other lawful actions necessary to provide moneys sufficient to pay all Contract Payments required to be paid under the Contract during the current Budget Year of Obligor, and such moneys will be applied in payment of all Contract Payments due and payable during such current Budget Year. 2. Obligor has obtained insurance coverage as required under the Contract from an insurer qualified to do business in the State. 3. No event or condition that constitutes or would constitute an Event of Default exists as of the date hereof. 4. The governing body of Obligor has approved the authorization, execution and delivery of this Contract on its behalf by the authorized representative of Obligor who signed the Contract. 5. Please list the Source of Funds (Fund Item in Budget) for the Contract Payments that come due under Exhibit B of this Contract. Source of Funds : Stormwater Funds By signing below, Obligor hereby authorizes the General Fund of the Obligor as a backup source of funds from which the Contract Payments can be made. City of Augusta, Georgia Signature Hardie Davis, Jr., Mayor Printed Name and Title Schedule (01) EXHIBIT F PAYMENT REQUEST AND EQUIPMENT ACCEPTANCE FORM RE: Government Obligation Contract dated as of November 20, 2020, between Republic First National Corporation (Obligee) and City of Augusta, Georgia (Obligor) In accordance with Section 10.01, by executing this Payment Request and Equipment Acceptance Form the Obligor hereby represents that the Payee or Payees listed below who are requesting payment have delivered the Equipment or a portion of the Equipment or performed the services to the satisfaction of the Obligor and that the amounts requested below by the Payee or Payees are proportionate with the value of the Equipment delivered or services rendered by the Payee or Payees. The Obligor hereby represents and warrants for all purposes that: 1. Pursuant to the invoice attached hereto, the amount to be disbursed is $ and this amount is consistent with the Contract between Obligor and vendor. 2. Payment is to be made to: Payee: 3. The undersigned certifies that the following documents are attached to this Payment Request and Equipment Acceptance Form when there is a request for a release of funds from the Vendor Payable Account to pay for a portion, or all, of the Equipment: (1) Invoice from the vendor, (2) copy of the Contract between Obligor and vendor (if requested by the Obligee), (3) Insurance Certificate (if applicable), (4) front and back copy of the original MSO/Title listing KS StateBank and/or its assigns as the first lien holder (if applicable). By executing this Payment Request and Equipment Acceptance Form and attaching the documents as required above, the Obligor shall be deemed to have accepted this portion of the Equipment for all purposes under the Contract, including, without limitation, the obligation of Obligor to make the Contract Payments with respect thereto in a proportionate amount of the total Contract Payment. 4. No amount listed in this exhibit was included in any such exhibit previously submitted. 5. Each disbursement hereby requested has been incurred and is a proper charge against the Vendor Payable Account. No amount hereby requested to be disbursed will be paid to Obligor as reimbursement for any expenditure paid by Obligor more than 60 days prior to the date of execution and delivery of the Contract. 6. The Equipment referenced in the attached has been delivered, installed, inspected and tested as necessary and in accordance with Obligor’s specifications and accepted for all purposes. 7. That Obligor is or will be the title owner to the Equipment referenced in the attached, and that in the event that any third party makes a claim to such title that Obligor will take all measures necessary to secure title including, without limitation, the appropriation of additional funds to secure title to such Equipment, or a portion thereof, and keep the Contract in full force and effect. Furthermore, Obligor has obtained insurance coverage as required under the Contract from an insurer qualified to do business in the State. 8. Obligor has appropriated and/or taken other lawful actions necessary to provide moneys sufficient to pay all Contract Payments required to be paid under the Contract during the current Budget Year of Obligor, and such moneys will be applied in payment of all Contract Payments due and payable during such current Budget Year. 9. No event or condition that constitutes or would constitute an Event of Default exists as of the date hereof. I, the undersigned, hereby certify that I am a duly qualified representative of Obligor and that I have been given the authority by the governing body of Obligor to sign this Payment Request and Equipment Acceptance Form. Please forward this document and any correspondence relating to vendor payment to: Email: britney@rfnonline.com or Fax: 800-865-8517 Please call 800-700-7878 if you have any questions. City of Augusta, Georgia Signature Hardie Davis, Jr., Mayor Printed Name and Title Schedule (01) EXHIBIT G SIGNATURE CARD RE: Government Obligation Contract dated as of November 20, 2020, between Republic First National Corporation (Obligee) and City of Augusta, Georgia (Obligor) The below signatures will be used for purposes of verifying the signature on a Payment Request and Equipment Acceptance Form prior to making payments from the Equipment Acquisition Fund or Vendor Payable Account. By signing below, the undersigned represents and warrants that s/he has received all appropriate authority from City of Augusta, Georgia. City of Augusta, Georgia Signature Hardie Davis, Jr., Mayor Printed Name and Title Signature of additional authorized individual (optional) of Obligor Signature Lena J. Bonner, Clerk of Commission Printed Name and Title Schedule (01) EXHIBIT H OBLIGOR ACKNOWLEDGEMENT RE: Government Obligation Contract dated as of November 20, 2020, between Republic First National Corporation (Obligee) and City of Augusta, Georgia (Obligor) Obligor hereby acknowledges that it has ordered or caused to be ordered the equipment that is the subject of the above-mentioned Contract. Please complete the below information, attach another page if necessary Vendor Name: Equipment: Cost of Equipment: Vendor Name: Equipment: Cost of Equipment: Vendor Name: Equipment: Cost of Equipment: Vendor Name: Equipment: Cost of Equipment: Vendor Name: Equipment: Cost of Equipment: Obligor will immediately notify Obligee if any of the information listed above is changed. Schedule (01) EXHIBIT I BANK QUALIFIED CERTIFICATE RE: Government Obligation Contract dated as of November 20, 2020, between Republic First National Corporation (Obligee) and City of Augusta, Georgia (Obligor) Whereas, Obligor hereby represents that it is a “Bank Qualified” Issuer for the calendar year in which this Contract is executed by making the following designations with respect to Section 265 of the Internal Revenue Code of 1986, as amended (the “Code”). (A “Bank Qualified Issuer” is an issuer that issues less than ten million ($10,000,000) dollars of tax-exempt obligations other than “private activity bonds” as defined in Section 141 of the Code, excluding certain “qualified 501(c)(3) bonds” as defined in Section 145 of the Code, during the calendar year). Now, therefor, Obligor hereby designates this Contract as follows: 1. Designation as Qualified Tax-Exempt Obligation. Pursuant to Section 265(b)(3)(B)(i) of the Code, the Obligor hereby specifically designates the Contract as a “qualified tax-exempt obligation” for purposes of Section 265(b)(3) of the Code. In compliance with Section 265(b)(3)(D) of the Code, the Obligor hereby represents that the Obligor will not designate more than $10,000,000 of obligations issued by the Obligor in the calendar year during which the Contract is executed and delivered as such “qualified tax-exempt obligations”. 2. Issuance Limitation. In compliance with the requirements of Section 265(b)(3)(C) of the Code, the Obligor hereby represents that the Obligor (including all subordinate entities of the Obligor within the meaning of Section 265(b)(3)(E) of the Code) reasonably anticipates not to issue in the calendar year during which the Contract is executed and delivered, obligations bearing interest exempt from federal income taxation under Section 103 of the Code (other than “private activity bonds” as defined in Section 141 of the Code and excluding certain “qualified 501(c)(3) bonds” as defined in Section 145 of the Code) in an amount greater than $10,000,000. City of Augusta, Georgia Signature Hardie Davis, Jr., Mayor Printed Name and Title NOTICE OF ASSIGNMENT NOVEMBER 20, 2020 Republic First National Corporation (Obligee/Assignor) hereby gives notice of an Assignment between Obligee/Assignor and KS StateBank (Assignee) of the Government Obligation Contract (Contract) between Obligee/Assignor and City of Augusta, Georgia, dated as of November 20, 2020. All Contract Payments coming due pursuant to the Contract shall be made to: KS StateBank P.O. Box 69 Manhattan, Kansas 66505-0069 Republic First National Corporation, Obligee/Assignor Signature Printed Name and Title ACKNOWLEDGEMENT OF AND CONSENT TO ASSIGNMENT City of Augusta, Georgia (Obligor) as party to a Government Obligation Contract dated as of November 20, 2020 between Obligor and Republic First National Corporation (Obligee), hereby acknowledges receipt of a Notice of Assignment dated November 20, 2020 whereby Obligee gave notice of its assignment to KS StateBank of its right to receive all Contract Payments due from Obligor under the Contract and hereby consents to that Assignment. Pursuant to the Notice of Assignment from Obligee, Obligor agrees to deliver all Contract Payments coming due under the Contract to: KS StateBank P.O. Box 69 Manhattan, Kansas 66505-0069 City of Augusta, Georgia Signature Hardie Davis, Jr., Mayor Printed Name and Title INSURANCE REQUIREMENTS Pursuant to Article V of the Government Obligation Contract, you have agreed to provide us evidence of insurance covering the Equipment. A Certificate of Insurance listing the information stated below should be sent to us no later than the date on which the equipment is delivered. Insured: Certificate Holder: City of Augusta, Georgia KS StateBank 535 Telfair Street, Suite 800 1010 Westloop, P.O. Box 69 Augusta, Georgia 30901 Manhattan, Kansas 66505-0069 1. Equipment Description  Two (2) Vactor Trucks  Please include all applicable VIN’s, serial numbers, etc. 2. Physical Damage  All risk coverage to guarantee proceeds of at least $829,894.00. 3. Liability  Minimum Combined Single Limit of $1,000,000.00 on bodily injury and property damage. 4. Additional Insured and Loss Payee  KS StateBank AOIA (and/or Its Assigns) MUST be listed as additional insured and loss payee. Please forward certificate as soon as possible to: Email: britney@rfnonline.com or Fax: 800-865-8517 Please complete the information below and return this form along with the Contract. City of Augusta, Georgia Insurance Company: Agent’s Name: Telephone #: Fax #: Address: City, State Zip: Email: *PREFERRED* *As an additional payment option for Obligor, we are now providing the option of ACH (Automatic Clearing House). By completing this form, Obligor is authorizing Obligee to withdraw said payment amount on said date. DEBIT AUTHORIZATION I hereby authorize KS StateBank Government Finance Department to initiate debit entries for the Payment Amount (including, but not limited to, any late fees, rate changes, escrow modifications, etc.). I acknowledge that KS StateBank Government Finance Department may reinitiate returned entries up to two additional times, to the account indicated below at the financial institution named below and to debit the same to such account for: Contract Number Payment Amount Frequency of Payments 3380699 $188,046.94 Annual Beginning Day of Month Month Year Debits will be made according to Exhibit B of the Contract I acknowledge that the origination of ACH transactions to this account must comply with the provisions of U.S. law. Financial Institution Name Branch Address City State Zip Routing Number Account Number Type of Account Checking Savings If the account does not have sufficient funds, KS StateBank Government Finance Department may attempt, but shall have no obligation to continue to attempt to deduct the payment from the account. If the account has insufficient funds when KS StateBank Government Finance Department attempts to deduct a payment, KS StateBank Government Finance Department may terminate the automatic deduction of payments upon notice to borrower and me. Until such time as payment is made, borrower shall be responsible to make such payments, and all other payments that may be due to KS StateBank Government Finance Department regarding the above-referenced loan. This authority is to remain in full force and effect until KS StateBank has received written notification from any authorized signer of the account of its termination in such time and manner as to afford KS StateBank a reasonable opportunity to act on it. Obligor Name on Contract City of Augusta, Georgia Signature Printed Name and Title Tax ID Number Date 58-2204274 PLEASE ATTACH COPY OF A VOIDED CHECK TO THIS FORM! USA Patriot Act USA Patriot Act requires identity verification for all new accounts. This means that we may require information from you to allow us to make a proper identification. 8038 REVIEW FORM The 8038 form attached hereto is an important part of the documentation package and must be properly filled out and submitted to the Department of the Treasury in order for you to receive the lower tax-exempt rate. Unless you instruct us otherwise, we have engaged a Paid Preparer to assist in the filling out of this form. The Paid Preparer has filled out the relevant portions of this form based on the current understanding of what is required by the Department of the Treasury. The responses on this 8038 form are based on the dates and amounts which you have requested (structure of the transaction) and which are on the Payment Schedule. 1. Please review our responses for accuracy. If anything is inaccurate, please contact our office so that we can make proper revisions. 2. If the information provided to you on this form is accurate, please sign where indicated and return with the document package. 3. If there are any changes to the structure of the transaction that occur prior to funding which require a change to the 8038 form, we will make such changes and provide notification to you. 4. We will return to you a copy of the 8038 form that was mailed to the Department of the Treasury. Important Note: The IRS is now requesting information regarding tax-exempt issuers’ and borrowers’ written policies and procedures designed to monitor post- issuance compliance with the federal tax rules applicable to tax-exempt obligations (boxes 43 and 44). Do not check items 43 and 44 on the 8038 form unless you have established written procedures in accordance with the instructions referenced directly below. If you choose to “check” items 43 and/or 44, please be prepared to provide copies of such written procedures to the Paid Preparer or any representatives of the IRS upon request. Written procedures should contain certain key characteristics, including making provisions for: • Due diligence review at regular intervals; • Identifying the official or employee responsible for review; • Training of the responsible official/employee; • Retention of adequate records to substantiate compliance (e.g., records relating to expenditure of proceeds); • Procedures reasonably expected to timely identify noncompliance; and • Procedures ensuring that the issuer will take steps to timely correct noncompliance. For additional guidance on this 8038 form, you can refer to the Documentation Instructions located on the following government website: http://www.irs.gov/app/picklist/list/formsInstructions.html, or contact your local IRS office. Form 8038-G (Rev. September 2018) Department of the Treasury Internal Revenue Service Information Return for Tax-Exempt Governmental Obligations ► Under Internal Revenue Code section 149(e) ► See separate instructions. Caution: If the issue price is under $100,000, use Form 8038-GC. OMB No. 1545-0720 Part I Reporting Authority If Amended Return, check here ►  1 Issuer’s name 2 Issuer’s employer identification number (EIN) City of Augusta, Georgia 58-2204274 3a Name of person (other than issuer) with whom the IRS may communicate about this return (see instructions) 3b Telephone number of other person shown on 3a 4 Number and street (or P.O. box if mail is not delivered to street address) Room/suite 5 Report number (For IRS Use Only) 535 Telfair Street, Suite 800 3 6 City, town, or post office, state, and ZIP code 7 Date of issue Augusta, Georgia 30901 11/20/2020 8 Name of issue 9 CUSIP number Government Obligation Contract None 10a Name and title of officer or other employee of the issuer whom the IRS may call for more information (see instructions) 10b Telephone number of officer or other employee shown on 10a Mr. Anthony Sebek, Fleet Operations Coordinator (706) 821-2894 Part II Type of Issue (enter the issue price). See the instructions and attach schedule. 11 Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 12 Health and hospital . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 13 Transportation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 14 Public safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 15 Environment (including sewage bonds) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15 16 Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 17 Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17 18 Other. Describe ► Two (2) Vactor Trucks 18 844,126 97 19 If obligations are TANs or RANs, check only box 19a . . . . . . . . . . . . . . . . . . . . . ►  If obligations are BANs, check only box 19b . . . . . . . . . . . . . . . . . . . . . . . . .►  20 If obligations are in the form of a lease or installment sale, check box . . . . . . . . . . . . . . . ►  Part III Description of Obligations. Complete for the entire issue for which this form is being filed. (a) Final maturity date (b) issue price (c) Stated redemption price at maturity (d) Weighted average maturity (e) Yield 21 04/01/2025 $ 844,126.97 $ 829,894.00 3.222 years 3.477 % Part IV Uses of Proceeds of Bond Issue (including underwriters’ discount) 22 Proceeds used for accrued interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 23 Issue price of entire issue (enter amount from line 21, column (b)) . . . . . . . . . . . . . . . . . . . . 23 844,126 97 24 Proceeds used for bond issuance costs (including underwriters’ discount) . . . . 24 14,232 97 25 Proceeds used for credit enhancement . . . . . . . . . . . . . . . . . . 25 26 Proceeds allocated to reasonably required reserve or replacement fund . . . . . 26 27 Proceeds used to refund prior tax-exempt bonds. Complete Part V. . . . . . . . 27 28 Proceeds used to refund prior taxable bonds. Complete Part V. . . . . . . . . 28 29 Total (add lines 24 through 28) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 14,232 97 30 Nonrefunding proceeds of the issue (subtract line 29 from line 23 and enter amount here) . . . . . . . . . . 30 829,894 00 Part V Description of Refunded Bonds. Complete this part only for refunding bonds. 31 Enter the remaining weighted average maturity of the tax-exempt bonds to be refunded . . . . . . . . . . . ► years 32 Enter the remaining weighted average maturity of the taxable bonds to be refunded . . . . . . . . . . . . ► years 33 Enter the last date on which the refunded tax-exempt bonds will be called (MM/DD/YYYY) . . . . . . . . . ► 34 Enter the date(s) the refunded bonds were issued ► (MM/DD/YYYY) . . . . . . . . . . . . . . . . . For Paperwork Reduction Act Notice, see separate instructions. Cat. No. 63773S Form 8038-G (Rev. 9-2011) Form 8038-G (Rev. 9-2011) Page 2 Part VI Miscellaneous 35 Enter the amount of the state volume cap allocated to the issue under section 141(b)(5) . . . . . . . . . . . 35 36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract (GIC) (see instructions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36a b Enter the final maturity date of the GIC► (MM/DD/YYYY) c Enter the name of the GIC provider ► 37 Pooled financings: Enter the amount of the proceeds of this issue that are to be used to make loans to other governmental units . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 38a If this issue is a loan made from the proceeds of another tax-exempt issue, check box ►  and enter the following information: b Enter the date of the master pool bond ►(MM/DD/YYYY) c Enter the EIN of the issuer of the master pool bond ► d Enter the name of the issuer of the master pool bond ► 39 If the issuer has designated the issue under section 265(b)(3)(B)(i)(III) (small issuer exception), check box . . . . . . . . . . . . ►  40 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box . . . . . . . . . . . . . . . . . . . . . . . ►  41a If the issuer has identified a hedge, check here ►  and enter the following information: b Name of hedge provider ► c Type of hedge ► d Term of hedge ► 42 If the issuer has superintegrated the hedge, check box . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ►  43 If the issuer has established written procedures to ensure that all nonqualified bonds of this issue are remediated according to the requirements under the Code and Regulations (see instructions), check box . . . . . . . . . . . . . . . . ► 44 If the issuer has established written procedures to monitor the requirements of section 148, check box . . . . . . . . . . . . ►  45a If some portion of the proceeds was used to reimburse expenditures, check here ►  and enter the amount of reimbursement. . . . . . . . . . . ► b Enter the date the official intent was adopted ► (MM/DD/YYYY) Signature and Consent Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct, and complete. I further declare that I consent to the IRS’s disclosure of the issuer’s return information, as necessary to process this return, to the person that I have authorized above.   Signature of issuer’s authorized representative Date Type or print name and title Paid Preparer Use Only Print/Type preparer’s name Preparer’s signature Date Check  if self-employed PTIN H. Evan Howe 12/02/2020 P01438994 Firm’s Name ► Baystone Financial LLC Firm’s EIN ► 48-1223987 Firm’s Address ► 12980 Metcalf, Suite 310, Overland Park, KS 66213 Phone no. (800) 752-3562 Form 8038-G (Rev. 9-2011)) Invitation to Bid Sealed bids will be received at this office until Monday, October 5, 2020 @ 3:00 p.m. via ZOOM Meeting ID: 931 4832 9730 Passcode: 910482 for furnishing for: Bid Item #20-261 Vacuum Tractor Lease – 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 Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department (706-821-2422). All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, September 18, 2020 @ 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 ninety (90) 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 August 27, September 3, 10, 17, 2020 Metro Courier August 27, 2020 OFFICIAL VENDORS ENVIRONMENTAL PRODUCTS GROUP 4410 WENDELL DRIVE SW ATLANTA, GA 30336 JET-VAC EQUIP COMPANY LLC 550 S COBB DR., BLDG 200, SUITE 210 ATLANTA, GA 30339 Attachment B Yes Yes E-Verify Number 312637 804190 SAVE Form Yes Yes 8.00 Chassis Requirement $414,947.00 $403,451.00 28.17 Contract Rate for each vehicle for the (4) year lease period $12,000.00 $5,000.00 Year 2021 2021 Make Vactor Kenworth T880 Chassi Freightliner Model 2115i 114SD Delivery Schedule Feb-21 120-180 days Exceptions Yes / Buyback Yes / Alternate Total Number Specifications Mailed Out: 16 Total Number Specifications Download (Demandstar): 1 Total Electronic Notifications (Demandstar): 11 Georgia Registry: 24 Total packages submitted: 2 Total Non-Compliant: 0 VEHICLE REQUIRED Bid Opening Item #20-261 Vaccum Truck Lease for Augusta, Georgia- Central Services Department- Fleet Maintenance Division Bid Due: Monday, October 5, 2020 @ 3:00 p.m. Page 1 of 1 Commission Meeting Agenda 1/6/2021 2:00 PM Current Richmond County Judicial Circuit. Department: Department: Caption:Discuss the current Richmond County Judicial Circuit. (Requested by Commissioner Ben Hasan) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 1/6/2021 2:00 PM HCD_Down Payment Assistance Request Department:HCD Department:HCD Caption:Motion to approve Housing and Community Development Department’s (HCD's) request to provide funding to assist two (2) low-to-moderate income homebuyers with down-payment assistance to purchase a home. Background:Augusta, GA’s Down Payment Assistance Program (administered by HCD) is a loan, given to a prospective homeowner in the form of a second mortgage. This financial assistance is combined with a primary loan (first mortgage loan) from a participating lending institution and enables a qualified first-time homebuyer to become a homeowner. The buyer must be a first-time home buyer and the home must become the buyer’s primary residence. The program is funded by the U.S. Department of Housing and Urban Development (HUD) and administered by Augusta, GA’s Housing and Community Development Department (HCD). The program promotes neighborhood stability by assisting with the gap financing towards the purchase price and closing costs for homes located within the limits of Augusta-Richmond County. Two applicants awaiting approval to move forward with the process of becoming a homeowner are: 1. 3731 London Blvd., Augusta, GA 30906 $5,000.00 2. 4093 English Road, Hephzibah, GA 60815 $5,000.00 The applicants have a first mortgage loan from a lending institution, but needs down payment assistance to complete the process. A prospective homeowner is only eligible to receive up to $5,000.00 if they are purchasing a single-family dwelling in the Richmond County area. Once approved, lenders will schedule a closing and the applicants will soon be on their way to homeownership in Augusta – Richmond County. Analysis:The approval of the application will enable an individual to become a homeowner and “Make the American Dream a Cover Memo Reality”. Approval will also have a positive impact on the community by increasing the tax base in Augusta, Georgia. Financial Impact:The City receives funding from the US Housing and Urban Development Department (HUD) on an annual basis. This approval will total $10,000.00 given in the form of two second mortgages (forgiven upon the fifth year after closing date), and shown as a second lien against said properties until forgiven. Alternatives:Do not approve HCDs Request. Recommendation:Motion to approve Housing and Community Development Department’s (HCD's) request to provide funding to assist two (2) low-to-moderate income homebuyers with down-payment assistance to purchase a home. Funds are Available in the Following Accounts: Housing and Urban Development (HUD) Funds: a) HOME Investment Partnership Grant (HOME) funds: 221073212/5225110 REVIEWED AND APPROVED BY: Cover Memo HOME Program – Homebuyer Written Agreement Page 1 of 5 HOME PROGRAM HOMEBUYER WRITTEN AGREEMENT NOTICE TO HOMEBUYER: This AGREEMENT contains a number of requirements you must fulfill in exchange for the federal assistance you are receiving through the Home Investment Partnerships Program (HOME Program). Be sure to read each paragraph carefully and ask questions regarding any sections you do not fully understand. This AGREEMENT will be enforced by a forgivable loan and mortgage as set forth below. You should be sure that you thoroughly understand these documents before you sign them. THIS AGREEMENT, made and entered into this ____ day of _ ___________, 2021 by and between _____________________ hereinafter referred to as “BORROWER,” and AUGUSTA HOUSING & COMMUNITY DEVLOPMENT having its principal office at 510 Fenwick Street, Augusta, Georgia 30901, hereinafter referred to as “LENDER.” WHEREAS, on ___________________, the Lender agreed to provide to the Borrower financial assistance to be used in pursuit of the purchase of certain real property hereafter described: _Map Parcel #_________________ and _________________________________________. WHEREAS, a percentage of said financial assistance was provided in the form of a Forgivable Loan, hereinafter referred to as a “LOAN,” with said Loan being in the amount of ($_________________________________), subject to the condition that the Borrower executes this Agreement. WHEREAS, the Forgiveness Loan is funded by the U.S. Department of Housing and Urban Development (“hereafter HUD”) via the HOME Investment Partnership Program (hereafter “HOME Program”), and restrictions apply to the Borrower when participating in the City of Augusta’s Forgiveness Loan Program. NOW THEREFORE, in consideration of the said Loan and in accordance with the provisions of State of Georgia Statues, the parties do hereby agree as follows: The Borrower covenants and agrees with the Lender to adhere to the following HOME Program Restrictions imposed on them for the federal assistance provided: Affordability Period You must comply with the HOME Program’s period of affordability. The period of affordability for the home will be 5 years, based on the amount of the direct subsidy to the HOMEBUYER. During this 5 year period, the HOMEBUYER must maintain the home as his/her principal place of residence at HOME Program – Homebuyer Written Agreement Page 2 of 5 all times. During this time the recapture restriction is effective and requires all HOME funds that were provided for the purchase of the home to be repaid to the City, including principal, interest, late fees, and other charges, if you do not occupy the property as your principal residence or if you sell or transfer the property. Maximum Sales Price The property may not have a purchase price for the type of single family housing that exceeds 95% of the median purchase price for the area. It has been verified that the purchase price of the housing does not exceed 95 percent (95%) of the median purchase price of homes for the area, as set forth in 24 CFR Part 92.254(a). The maximum purchase price is as follows for the Augusta Richmond County GA: Unit # FHA Limits Pre-Economic Stimulus Act- 2020 Existing Homes New Homes 1 Unit $ 157,000 $ 238,000 2 Unit $ 201,000 $ 304,000 3 Unit $ 243,000 $ 368,000 4 Unit $ 301,000 $ 456,000 Unadjusted Median Value $ 164,900 $ 250,000 Appraised property value The AWARDEE certifies that a certified property appraiser has appraised the property that is the subject of this AGREEMENT at a value of $___________. Principal residence requirement This agreement shall remain in force throughout the affordability period as long as the home remains the principal residence of the HOMEBUYER. Should the HOMEBUYER not maintain the home as his/her principal residence, or rent or sell the residence to another party, the HOMEBUYER will be in breach of this agreement and will be required to repay the amount awarded, as of the day the home is no longer the principal place of residence of the HOMEBUYER. If the home is sold to another party, the liability of the HOMEBUYER will be limited to the amount of the net proceeds of the sale as set forth below. ________Buyer Initials Recapture Agreement HOME Program – Homebuyer Written Agreement Page 3 of 5 This is a mechanism to recapture all or a portion of the direct HOME subsidy if the HOME recipient decides to sell the house within the affordability period at whatever price the market will bear. The recaptured funds will come from the net proceeds if available. Any such repayment as required shall be made to the Lender no later than thirty (30) days following the action that require the repayment. Obligation of Repayment As security of Borrower’s obligation of repayment, and subject to the terms and conditions of this Agreement, the Borrower grants, and the Lender shall and hereby does have, a lien on the real estate hereinafter described in the full amount necessary to satisfy said repayment obligation and the cost, including reasonable attorney’s fees, of collecting the same. The real estate subject to said lien is legally described as: Promptly after the date of any sale, transfer or other conveyance of the above describe property, or in the event of a sale by contract for deed, at least ten (10) days prior to the date of such sale; or if the property shall cease to be the Borrower’s principal place of residency, the Borrower or his/her heirs, executors, or representatives shall give the lender notice thereof. In the event the Borrower or his/her heirs, executors, or representatives shall fail or refuse to make a required payment within said limited period, the Lender may, with or without notice to the Borrower, foreclose said lien in the same manner as an action of the foreclosure or mortgages upon said real estate, as provided by State Statue. Ownership of Property You must hold fee simple title to the property purchased with HOME funds for the duration of your Forgiveness Loan. Use of HOME funds The HOMEBUYER agrees that the HOME assistance will be used to lower the cost of the home by providing down payment assistance. This will reduce the sales price of the home to the HOMEBUYER and reduce the total amount the HOMEBUYER will be required to borrow in order to purchase the home. ________Buyer Initials Household Income You must be an eligible household through the time of filing a loan application with the City or other lender to the escrow closing of the purchase transaction. Income eligibility means that your annual gross household income, adjusted for household size does not exceed eighty percent (80%) of the Augusta-Aiken median income, as established by HUD. Insurance requirement HOME Program – Homebuyer Written Agreement Page 4 of 5 The HOMEBUYER must at all times during the duration of this AGREEMENT maintain a valid and current insurance policy on the home for the current appraised or assessed value of the home. Failure to maintain a valid and current insurance policy will be considered a breach of this AGREEMENT, and the AWARDEE will have the right to foreclose on its mortgage lien if necessary to protect the HOME Program investment. Property standards Pursuant to HOME Program rules, the property that is the subject of this AGREEMENT must meet all State and local housing quality standards and code requirements. If no such standards or codes apply, the property must at a minimum meet the HUD Section 8 Housing Quality Standards/Uniform Physical Condition Standards. Termination Clause In the event of foreclosure or deed in lieu of foreclosure of Prior Security Deed, any provisions herein or any provisions in any other collateral agreement restricting the use of the Property to low or moderate-income households or otherwise restricting the Borrower’s ability to sell the Property shall have no further force or effect. Any person (including his successors or assigns) receiving title to the Property through a foreclosure or deed in lieu of foreclosure of a Prior Security Deed shall receive title to the Property free and clear from such restriction. Further, if any Senior Lien Holder acquires title to the Property pursuant to a deed in lieu of foreclosure, the lien of this Security Instrument shall automatically terminate upon the Senior Lien Holder’s acquisition of title, provided that (i) the Lender has been given written notice of a default under the Prior Security Deed and (ii) the Lender shall not have curved the default under the Prior Security Deed within the 30-day notice sent to the Lender.” This Agreement shall run with the aforementioned real estate and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, representatives, successors and assigns. If at any time that the City realizes that you have falsified any documentation or information, you may be required by law to pay the full amount of subsidy provided. ________Buyer Initials Post Purchase Requirement Homeowner must attend a Post Homeownership Counseling class and submit a certificate of completion to AHCD within the first two years of purchasing the house. AHCD will not release the lien on the property until this requirement has been met. _______Buyer Initials HOME Program – Homebuyer Written Agreement Page 5 of 5 IN WITNESS WHEREOF, the Borrower has executed this Forgiveness Loan Repayment Agreement. ___________________________________________ Date___________________________ HOMEBUYER SIGNATURE Attest: Subscribed and sworn to before me __________________________________, 20____. My Commission Expires ______________________________________, 20____. ______________________________________ Notary Signature Attest: Augusta, Georgia By:___________________________________________ Date:________________________ Hardie Davis As Mayor By:___________________________________________ Date:________________________ Odie Donald ll As Administrator By:___________________________________________ Date:________________________ Hawthorne Welcher As Director, HCD Approved as to Form by:________________________________ Date:___________________ Augusta, GA Law Department Commission Meeting Agenda 1/6/2021 2:00 PM Resumption of Committee Meetings in January 2021. Department:Mayor's Office Department:Mayor's Office Caption:Motion to approve the resumption of Committee Meetings in January 2021. (Requested by Mayor Hardie Davis, Jr.) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 1/6/2021 2:00 PM Informational Only Approval- Purchase Duty Holster Department:Richmond County Sheriff’s Office (RCSO) Department:Richmond County Sheriff’s Office (RCSO) Caption: Informational Only Approval- Purchase Duty Holster. Background:The Richmond County Sheriff's Office would like to escalate BID 20-258 to an emergency order. The Sheriff’s Office would like to move forward with the lowest bidder GT Distributors Inc. We have new guns that require the duty holster gear provided in bid 20-258. Analysis:None Financial Impact:Funding available in account 211031310-5311110 Alternatives:None Recommendation:The Richmond County Sheriff's Office recommends the holster bid award to Gt.Distributors for the cost of $48,272.40 Funds are Available in the Following Accounts: Use account 211031310-5311110 REVIEWED AND APPROVED BY: Cover Memo Invitation to Bid Sealed bids will be received at this office until Tuesday, September 29, 2020 @ 3:00 p.m. (Opening via ZOOM) furnishing for: ZOOM Meeting ID: 932 1435 5287 Passcode: 124871 Bid Item #20-258 Duty Holster for the Augusta, GA - Sheriff’s Office 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 Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, September 11, 2020 @ 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 ninety (90) 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 August 20, 27, September 3, 10, 2020 Metro Courier August 20, 2020 OFFICIAL VENDORS Attachment "B"E-Verify#SAVE Form UNIT PRICE TOTAL PRICE Exceptions COMMAND UNIFORM BY JOHN 511 BROAD STREET AUGUSTA, GA 30901 Yes 272348 Yes $113.90 $52,394.00 Yes SRT SUPPLY 1523 CHAFFEE RD S UNIT 12 JACKSONVILLE, FL 32221 Yes 1459456 Yes $110.00 $50,600.00 HYDROCORE Concepts LLC (DBA HCC TACTICAL) 939 BEMAN ST. AUGUSTA, GA 30904 Yes 1479318 Yes $125.00 $57,500.00 GT DISTRIBUTORS, INC. 2545 BROCKTEN DR., SUITE 100 AUSTIN, TX 78758 Yes 339276 Yes $104.94 $48,272.40 GALLS, LLC 1340 RUSSELL CAVE ROAD LEXINGTON, KY 40505 Yes 450467 Yes $110.50 $50,830.00 US PATRIOT, LLC 212 CANDI LANE COLUMBIA SC 29210 Yes No Non- Compliant Yes $57.40 $26,040.00 Bid Item #20-258 Duty Holster for the Augusta, GA - Sheriff’s Office Bid Date: Tuesday, September 29, 2020 @ 3:00 p.m. via ZOOM Total Number Specifications Mailed Out: 53 Total Number Specifications Download (Demandstar): 0 Total Electronic Notifications (Demandstar): 52 Georgia Procurement Registry: 344 Total packages submitted: 6 Total Noncompliant: 1 Page 1 of 1 Commission Meeting Agenda 1/6/2021 2:00 PM Request to purchase duty protective headgear for Richmond County Sheriff Office Department:Richmond County Sheriff's Office Department:Richmond County Sheriff's Office Caption: Motion to approve a request from the Richmond County Sheriff's Office to purchase duty protective headgear for its personnel from Uniforms by John for $46,218.75. (Bid #20-277) Background:The Richmond County Sheriff's Office (RCSO) currently issues protective headgear to its sworn personnel. The current headgear is approximately 20 years old and obsolete. RCSO requested the Procurement Department to obtain bids for the protective headgear. Uniform by John was the lowest bidder for the headgear at a cost of $108.75 per helmet (Bid #20-277), for a total cost of $46,218.75. Analysis:None Financial Impact:RCSO will asset forfeiture funding to purchase the headgear, having no impact on the RCSO budget. Alternatives:none Recommendation:Purchase RCSO protective headgear from Uniforms by John for a cost of $46,218.75 Funds are Available in the Following Accounts: Funding is available in 212031310-5311110 REVIEWED AND APPROVED BY:Cover Memo Cover Memo Invitation to Bid Sealed bids will be received at this office until Monday, November 2, 2020 @11:00 a.m. (Opening via ZOOM) furnishing for: ZOOM Meeting ID: 964 2308 3945 Passcode: 232574 Bid Item #20-277 Deputy Protective Head Gear for the Augusta, GA - Sheriff’s Office 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 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, October 16, 2020 @ 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 ninety (90) 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 September 24, October 1, 8, 15, 2020 Metro Courier September 24, 2020 OFFICIAL VENDORS Attachment "B"E-Verify#SAVE Form UNIT PRICE Replacment Shields Exceptions SIRCHIE ACQUISITION CO. 100 HUNTER'S PLACE YOUNGVILLE, NC 27596 Yes 286576 Yes $115.00 $35.00 Yes SRT SUPPLY 1523 CHAFFEE RD S UNIT 12 JACKSONVILLE, FL 32221 Yes 1459456 Yes $100.00 $20.00 HYDROCORE CONCEPTS LLC DBA - HCC TACTICAL 939 BEMAN ST. AUGUSTA, GA 30904 Yes 1479318 Yes $98.33 NA Replace Helmet NORTH AMERICAN FIRE EQUIP NAFECO 1515 WEST MOULTON ST. DECATUR, AL 35603 Yes 163356 Yes $117.00 $25.00 UNIFORMS BY JOHN 511 BROAD STREET AUGUSTA, GA 30901 Yes 272348 Yes $251.64 Alt $108.75 $30.00 Alt $40.00 Yes SMYRNA POLICE DISTRIBUTORS 2295 SOUTH COBB DRIVE SMYRNA, GA 30080 Yes No Bus Lic Non- Compliant 254692 Yes $108.00 Warranty Bid Item #20-277 Duty Protective Head Gear for the Augusta, GA - Sheriff’s Office Bid Date: Monday, November 2, 2020 @ 3:00 p.m. via ZOOM Total Number Specifications Mailed Out: 32 Total Number Specifications Download (Demandstar): 5 Total Electronic Notifications (Demandstar): 56 Georgia Procurement Registry: 492 Total packages submitted: 6 Total Noncompliant: 1 Page 1 of 1 Commission Meeting Agenda 1/6/2021 2:00 PM Cell Tower Property Valuation Contract Department:Tax Assessors Office Department:Tax Assessors Office Caption:Motion to approve Cell Tower Audit & Valuation Contract with Cell Tower Solutions for the auditing and valuation of all cell towers and related equipment in Richmond County. RFP 20-279. Background:CELL TOWER VALUATIONS WILL BE FAIRLY AND UNIFORMLY REVIEWED FOR THE CURRENT DIGEST DUE TO TECHNOLOGICAL ADVANCES IN CELL TOWER USE AND EQUIPMENT, PARTICULARY WITH THE IMPLEMENTATION OF 5G TECHNOLOGY. CELL TOWERS LOCATED IN RICHMOND COUNTY WILL BE APPRAISED, EVALUATED AND ADDED TO THE COUNTY'S PERSONAL PROPERTY DIGEST FOR FAIR AND EQUITABLE VALUATION. Analysis:N/A Financial Impact:$110,000 HAS BEEN APPROVED IN THE CAPITAL FUNDING FOR A ROLL-OVER FROM 2020, AS PER FINANCE DEPT. Alternatives:N/A Recommendation:RECOMMEND APPROVAL OF THE CONTRACT WITH CELL TOWER SOLUTIONS FOR CELL TOWER AUDITS AND VALUATIONS. Funds are Available in the Following Accounts: $110,000 FUNDING WAS APPROVED IN THE COUNTY'S CAPITAL BUDGET FOR 2020 AND AFFIRMED FOR 2021. 272-01-5710/5424320 Cover Memo REVIEWED AND APPROVED BY: Procurement Finance Law Administrator Clerk of Commission Cover Memo AGREEMENT This AGREEMENT ("Agreement") made and entered into this the ftay ot*<rr\b<,2020 by and between Cell Tower Solutions, LLC ("Consultant"), located at 1130 Skipstone Drive, Watkinsville, GA 30677, and Augusta, Georgia, a political subdivision of the State of Georgia, located at 535 Telfair St #100, Augusta, GA 30901 ("Augusta" or "Client). Each may be referred to as a "Party" and together as the "Parties". Consultant and Client, for the consideration named and other good and valuable consideration, hereby agree as follows: 1.PURPOSE Client hereby retains Consultant for the purpose of assisting with the discovery of Wireless towers and Wireless equipment located at wireless telecommunications facilities ("WFs") within Augusta-Richmond County, Georgia. The consultant assists Augusta with cost estimates of the equipment inventoried on each site to assist in the Augusta Audit process. 2. SPECIFIC SERVICES Within thirty (30) days of the execution of this Agreement, Client shall deliver to Consultant a current list of all known Wireless tower and equipment assets within Augusta-Richmond County ("Asset Discovery Report"). Consultant will work with Client to help determine a complete and accurate asset listing for Wireless and telecommunication equipment. Consultant will provide continued support throughout the discovery process. Consultant will provide Client with the documentation to substantiate an accurate assessment. 3. SPECIFICSERVICES: DOCUMENTATION The Consultant shall research and furnish accessible WF information in a comprehensive report that will generally include but is not limited to: (a) Cost of all facility improvements, including tower structure, and all equipment in use on WFs. (b) Cost of Wireless base station equipment, including an inventory list of Wireless equipment (Radios, antennas, transmission cable, power, routers, servers, outdoor cabinets and radio shelters) located on and at each tower within the community as long as access is granted to cell site. If access is denied, Consultant shall furnish an estimated value based on publicly available research and industry knowledge. (c) Digital pictures of towers and the number of carriers on each tower to allow assessor's office to know when another carrier has been added or equipment has been upgraded. (d) Site specifications including latitude and longitude, (acceptable street address where applicable), height of structure, and type of tower. The specific services set forth above shall be cumulatively referred to as the "Project". 4. TIMES AND ATTENDANCE: COOPERATION BY CLIENT Consultant shall perform the services described herein, in as expeditious a manner as is reasonably possible with due consideration of the time requirements of Client. Client anticipates having its report complete within ninety (90) days of Client providing requested WF property information unless another deadline is mutually agreed upon. Client recognizes that the timing of the performance of Consultant's services may be affected by previous commitments to other clients (including the delivery of promised services and work product and previously scheduled meetings), and situations normally and traditionally deemed to be matters of a force majeure nature, including, but not limited to, those influenced by the weather, strikes, or power outages. Client agrees to cooperate with Consultant, as needed, and to provide Consultant with copies of any records, documents and other information needed for the fulfillment of this Agreement on a timely basis. Client further agrees to provide Consultant with access to appropriate officials and/or employees of Client, as may be needed in the fulfillment of the Agreement. The Consultant agrees to hold information supplied from taxpayer records and Augusta as confidential. Moreover, both Parties understand and agree that mutual accountability and responsiveness is critical to the successful completion of the Project, and therefore both shall always make their best faith efforts to be accountable and promptly responsive to each other. 5. COMPENSATION In payment for the services to be performed hereunder by Consultant, Client shall make payments to the Consultant as follows: (a) For the services to be performed by the Consultant pursuant to paragraphs 2 and 3 hereof, Client shall pay Consultant fees based on the type of tower surveyed and tenant communication equipment located at the tower site in Augusta-Richmond County, Georgia, as specified in Schedule A. (b) Consultant shall invoice Client upon delivery of Asset Discovery Report (Detailed Asset Worksheet). Twenty-five percent (25%) of the invoice shall be due and payable upon receipt of the Asset Discovery Report, but in no case later than thirty (30) days. Fifty percent (50%) shall be payable when the values are input into the appraisal system. Twenty-five (25%) will be paid after final bills are sent out by the assessor. 6. APPEAL SERVICE Consultant will support the Client in the appeals process by supporting the Assessor before the Board of Equalization and Review to review the source data and answer questions regarding the specific appeal. Consultant will inventory equipment in shelters with carrier-supplied equipment lists. Equipment lists must be submitted to the Augusta-Richmond County Assessor a minimum of 24 hours before the scheduled site visit. Where possible all of the carrier's shelters shall be inventoried on the same day. The service is provided at no fee, but requires that customary expenses (mileage at a rate $0.50/mile, and $100.00/day per diem) will be reimbursed to the Consultant. Appeal support beyond the term of this Agreement, either through formal hearing or court proceedings where attorneys are involved, may require additional billable verification of assets at an hourly rate of $ 100 per hour for existing sites from the initial inventory or at the standard rates for added sites. In the event the appeal is filed in any court in which a timely challenge is made, the Consultant will provide expert testimony. The Consultant will be paid a fee of $250.00 per hour, plus expenses as outlined above. 7. TERM OF AGREEMENT: TERMINATION This initial term of this Agreement will be one (l) year, commencing on the date set forth on page 1 of this Agreement. In the event that the Consultant refuses or fails to provide services hereunder, or is in material breach of any provision of this Agreement, Client shall send Consultant written notice of such breach, and Consultant shall have thirty (30) days to cure breach. Notwithstanding the above, for breaches related to Appeal Service, the Consultant shall have ten (10) days to cure breach. If a dispute arises out of or relates to this Agreement, or the breach thereof, and if the dispute cannot be settled through negotiation, the Parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to litigation, or some other dispute resolution procedure. The fee for arbitration will be shared between the Consultant and the Client. Termination for Convenience. Augusta, at its sole discretion, may terminate this Agreement for its own convenience at any time. The terminating Party shall provide no less than thirty (30) days' written notice of termination of this Agreement to the non-terminating Party. 8. LIMITATTON OF ACTIVITIES The services performed under this Agreement do not constitute a formal appraisal and due to the unique nature of these services, Consultant makes no representations that such services follow the Uniform Standards for Professional Appraisal Practice ("USPAP"). The consultant will inventory all primary assets at the site and match these assets to available wholesale information and industry knowledge to create a historical or original cost estimate. In addition, the consultant will supply the county with a spreadsheet that includes the cost estimate per asset, the estimated date of installed as supplied by taxpayer tax returns and a suggested useful life for each asset along with an embedded labor/engineering/freight cost per asset. The Assessor will use this information as well as state tables, experience, and training to create a value for the assets on the site. 9. INDEPENDENTCONTRACTOR Consultant is considered an independent contractor under this Agreement and neither Consultant nor any of its employees, subcontractors, agents or servants are considered to be employees of Augusta. Consultant has the exclusive right and duty to control the work of its employees. Consultant will be given general directions and instructions regarding the services to be provided under this Agreement; however, direct supervision of Consultant's employees will be Consultant's responsibility and obligation. 10. INSURANCE Consultant will maintain during the term of the contract $2,000,000 of General Liability Insurance and $1,000,000 of Professional Liability insurance with Augusta named as an additional Insured. Consultant shall provide proof of insurance, authority to engage in business in Georgia and shall comply with all federal and state employment, tax and registration laws of during the full period of performance of the Agreement work. 11. LIMITATTON OF LIABILTTY THE TOTAL LIABILITY OF EITHER PARTY LINDER THIS AGREEMENT, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, WILL NOT EXCEED THE TOTAL PRICE PAID IINDER THIS AGREEMENT OR SUCH LESSER AGAINST THEREOF AS IS ACTUALLY PAID BY CLIENT TO CONSULTANT. 12. NOTICES Any and all notices, invoices, and payments required hereunder shall be addressed to the Parties at their respective addresses: Cell Tower Solutions, LLC 1130 Skipstone Drive, Watkinsville, Georgia 30677 and 535 Telfair St #100, Augusta, GA 30901% County Clerk to such other address as may hereafter be designated in writing by either Party hereto. 13. CHOICE OF LAW AND VENUE This Agreement shall be construed and interpreted in accordance with the Laws of the State of Georgia. Venue for any litigation that may arise out of or is related to this Agreement, shall be exclusively in Augusta-Richmond County, Georgia. MISCELLANEOUS a. Open Records. The Parties acknowledge that all records relating to this Agreement and the services to be provided under this Agreement may be a public record subject to Georgia's Open Records Act. (O.C.G.A. $ 50-18-70, et seq.). The Parties agree to fully cooperate in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. The Parties shall immediately notifu each other t4. of any request made under the Open Records Act and shall furnish the other Party with a copy ofthe request and the response to such request. b. Georeia Prompt Pay. The Georgia Prompt Pay Act shall not apply to this Agreement. c. Local Small Business Program. In accordance with Chapter 10B of the AUGUSTA, GA. CODE, Consultant expressly agrees to collect and maintain all records necessary to for Augusta, Georgia to evaluate the effectiveness of its Local Small Business Opportunity Program and to make such records available to Augusta, Georgia. The requirements of the Local Small Business Opportunity Program can be found at www.augustaga.gov. In accordance with AUGUSTA, GA. CODE $ 1-10-129(d)(7), for all contracts where a local small business goal has been established, the Consultant is required to provide local small business utilization reports. Consultant shall report to Augusta, Georgia the total dollars paid to each local small business on each contract, and shall provide such payment affidavits, regarding payment to subcontractors as may be requested by Augusta, Georgia. Such documents shall be in the format specified by the Director of Compliance and shall be submitted at such times as required by Augusta, Georgia. Failure to provide such reports within the time period specified by Augusta, Georgia shall entitle Augusta, Georgia to exercise any of the remedies set forth, including but not limited to, withholding payment from the Consultant and/or collecting liquidated damages. d. Attomevs' Fees. Should either Party employ an attorney or attomeys to enforce any of the terms and conditions hereof, the prevailing Party shall be entitled to all costs and expenses, including attorneys' fees, expended or incurred by the such Party. e. Force Majeure. Neither Party will be liable for delays in performing its obligations under this Agreement to the extent that the delay is caused by Force Majeure; provided, however, that within ten (10) business days of the Force Majeure event, the Party whose performance is delayed provides the other Party with written notice explaining the cause and extent thereof, as well as a request for a reasonable time extension equal to the estimated duration of the Force Majeure event. Force Majeure events shall include, but shall not be limited to: shall include fire, riot, strike, lockout, war, civil commotion, accident, breakdown of plant or machinery, flood, labor unrest, acts of God, declared epidemics/pandemics, omissions or acts of public authorities, changes in law, regulations or policies of the Government. f. Modification Requires Leeislative Approval. This Agreement may only be modified by a written amendment signed by an authorized representative of each Party. Consultant acknowledges that this Agreement and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law, Consultant is deemed to possess knowledge concerning Augusta, Georgia's ability to assume contractual obligations and the consequences of Consultant's provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that the Consultant may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Consultant agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or Consultant provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services, as required by Augusta, Georgia's Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by Consultant. Consultant assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized, including, without limitation, all remedies at law or equity." This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue producing contracts. g. Prohibition on Continsent Fees. Consultant warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by Consultant for the purpose of securing business and that Consultant has not received any non-Client fee related to this Agreement without the prior written consent of Client. For breach or violation of this warranty, Client shall have the right to terminate this Agreement pursuant to this Section or at its discretion to deduct from this Agreement, the full amount of such commission, percentage, brokerage or contingent fee. h. Severability. If a court finds any provision of this Agreement to be invalid, illegal or unenforceable, the remainder of this Agreement shall remain in full force and effect. Upon such determination that any term or other provision is invalid, illegal or unenforceable, the Parties hereto shall negotiate in good faith to modifu this Agreement so as to effect the original intent of the Parties as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible. i. No Waiver. In the event that the terms and conditions of this Agreement are not strictly enforced by either Party, such non-enforcement will not act as or be deemed to act as a waiver or modification of this Agreement, nor will such non-enforcement prevent such Party from enforcing each and every term of this Agreement thereafter. COMPLETE AGREEMENT: MODIFICATION There are no terms, conditions or obligations other than those contained herein, and there are no written or verbal statements or representations, warranties or agreements with respect to this Agreement that have not been embodied herein. This Agreement constitutes the complete understanding of the Parties with respect to the subject matter hereof. No Modification or 15. amendment of any provisions of this agreement shall be valid unless in writing and signed by both Parties. I6. AUTHORITY TO SIGN The Parties represent that they have the authority to enter into this Agreement and that the signatories to this Agreement represent the respective Parties' approval in executing the Agreement. The Augusta Commission authorized this Agreement in a properly noticed meeting, a quonrm beingpresentonthe-dayof-,202Lasreflectedinthepublicminutesofsuch meeting. [SIGNATURES ON THE FOLLOWING PAGE] IN WITNESS THEREOF, the Consultant executes this Agreement by persons duly authorizedto do so, and Augusta executes this Agreement by its Mayor, attested by its Clerk, as authorized by its Board of Commissioners, to be effective as of the day and year first above written. CONSULTANT: CELL TOWER SOLUTIONS, LLC Title: ( fi. e (t.="..\e.. lr- CLIENT: AUGUSTA, GEORGIA By: Name: Title: Attest: Lena J. Bonner, Clerk of Commission Schedule A Fees for Services Cellular Communications Towers: Tower: $275 Carrier: $1100 (Ex: Three-carrier tower is billed $3,250) Broadcast Towers: $ 1,000 for first radio or TV tenant on tower. Additional broadcast companies $500 each. Agricultural Towers: $100/tower and $100 for each subscriber. CTS agrees to bill a maximum of $198,000 for cell/broadcast/microwave towers. In the event fewer sites are found in the broadcast/cellular categories, then it will be billed at the actual value under the cap. Schedule B Cell Tower Solutions Protocol Provide Addresses and access information Cell Tower Solutions (CTS) will provide the county with a master list of FCC registered tower addresses. The county will, to the best of their ability, match tower locations and addresses with the addresses shown in the county properly system. Where possible the county will provide LAT/LONG information and access information to the sites (keys, times of site operation if on business location, or owner's name and contact information to obtain access. ) Audit Notification Letter The county may choose to use a CTS model letter to notiff the taxpayer that audit is planned in your community or their own. The assessing department is responsible for sending the letter out to individual taxpayers at least one week before the site audits are scheduled to commence. Project Timing Anticipated start expected to be on or before January 1,2021. Based on this date, the anticipated field work will be completed by mid-January not precluding possible individual sites that may be discovered later or we are unable to access. All reports will be completed in 120 days after completion of fieldwork, notwithstanding sites with information missing from the taxpayer or Appraisal Department. Any sites that both CTS and the Augusta Richmond Appraisal department are unable to access or with specific information missing will be at the discretion of the Appraisal department how to handle and CTS will take their direction. Communications tower and Wireless Audit CTS will perform the field and cost analysis of the audit for each site designated by the county and any other sites that they mutually agree would be beneficial to visit. Decisions to include/exclude from the data present for the audit rests with the County Assessor. Sites that are excluded will not be billed to the county. The audit process includes a physical inspection of all the property visible on site. This includes the tower, buildings, cabinets, generators, fencing, and all other property that is deemed personal/tangible under state department of revenue guidelines. For equipment that is not accessible in buildings or cabinets, CTS will use knowledge of the configuration, electronic information, and other data to ascertain the correct values. The assessing department is welcome to send staff to sites to ask questions and receive instruction on the construction and operation of cell sites. Carrier address/account reconciliation Wireless site addresses are incorrect as much as 70o/o of the time. These addresses are not used internally and are prone to error. CTS, county appraisal, GIS, and code enforcement staff will work to reconcile these addresses. Each site will then correlate the correct county account number and county addresses. In the event addresses are unable to be correlated, the carrier will be contacted to provide additional address information and preferably, the LAT/LONG coordinates. These addresses will be added into the Master Data Sheet. Communications tower Reports The Communications tower reports sent to the county will include the value of each site being audited by the County. Each report will be broken out between the tower and the carriers. These values are based on the original cost basis for each piece of equipment. In addition, each report will carry the useful life this equipment has in real world application as well as the average labor/engineering/freight cost for each asset. Each state laws vary on the classification categories, it is the responsibility of the assessor to group the equipment into the best matching categories. CTS will give advice and guidance in choosing the most accurate category. Using the taxpayer returns, CTS will work with the assessor to ascertain the most accurate dates for the equipment on site. Where the retums do not include accurate dates, CTS and the assessor will work to apply the equipment to the most accurate acquisition year based on the model and type of equipment used in that generation. Data Entry into the Appraisal System It is the responsibility of the appraisal department to entff the correct original cost, date of acquisition, and useful life category into the appraisal system. CTS will provide on-site technical support during this process, as needed, to assure the property is properly classified and entered into the system. CTS is unable to enter data directly into the system due to both logistic and legal requirements, but we will work to assure all questions are dealt with. In most instances, we can assist the Assessor in having the data translated for the Excel worksheet to a conversion program to be easily downloaded into the system directly without manually entering the data to prevent unavoidable errors and or omissions. Notices to Taxpayers The county is responsible for sending revised notices to taxpayers. Appeals In the event the values are appealed by the carriers/towers, CTS will represent the county to bring a resolution. Typically, we are able to resolve most through emails and phone discussions. In the event we need to meet with the taxpayer, we will usually meet with in the county assessoros office with assessing staff present. If the appeal were to go to the Board of Equalization, CTS will be available to provide documentation to support the original cost values or equivalent expert knowledge. We would also be available to appear in court for the county as an expert witness. lonsultant Initial Cti"r,t tnitiut Request for Proposal Request for Proposals will be received at this office until Tuesday, November, 10, 2020 @ 3:00 p.m. for furnishing: ZOOM Opening ID: 975 6690 4869 and Password: 413189 RFP Item # 20-279 Communication Tower and Radio Equipment Valuation Audit for Augusta GA – Tax Assessor’s Office RFPs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 RFP documents may be viewed on the Augusta Georgia web site under the Procurement Department ARCbid. RFP documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901 (706-81-2422). A Pre Proposal Conference will be held on Monday, October 26, 2020, @ 10:00 a.m. via ZOOM ID: 924 7377-6691 and Password: 598576 All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Tuesday, October 27, 2020, @ 5:00 P.M. No RFP will be accepted by fax, all must be received by mail or hand delivered. No RFP may be withdrawn for a period of 90 days after bids have been opened, pending the execution of contract with the successful bidder(s). Request for proposals (RFP) and specifications. An RFP shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the request for proposal including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waivable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark RFP number on the outside of the envelope. Proponents are cautioned that acquisition of RFP documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFP documents from unauthorized sources places the proponent at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. 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 GERI A. SAMS, Procurement Director Publish: Augusta Chronicle October 1, 8, 15, 22, 2020 Metro Courier October 1, 2020 Revised: 2/17/2016 OFFICIAL VENDORS Attachment B E-Verify Save Form Original 7 Copies Fee Proposal CRED CELL TOWER VALUATION 5354 BEDFORDSHIRE AVE. HARRISBURG, NC 28075 Yes EXEMPT Yes Yes Yes Yes CELL TOWER SOLUTIONS, LLC 1120 CREEKSHORE DRIVE ATHENS, GA 30606 Yes 1541776 Yes Yes Yes Yes Total Number Specifications Mailed Out: 15 Total Number Specifications Download (Demandstar): 2 Total Electronic Notifications (Demandstar): 114 GA Registry Vendors: 566 Pre Proposal Conference Attendees: 11 Total Packages Submitted: 2 Total Non-Compliant: 0 RFP #20-279 Communication Tower and Radio Equipment Valuation Audit for Augusta GA Tax Assessor’s Office RFP Due: Tuesday, November, 10, 2020 @ 3:00 p.m. 1 of 1 CRED CELL TOWER VALUATION 5354 BEDFORDSHIRE AVE. HARRISBURG, NC 28075 CELL TOWER SOLUTIONS, LLC 1120 CREEKSHORE DRIVE ATHENS, GA 30606 CRED CELL TOWER VALUATION 5354 BEDFORDSHIRE AVE. HARRISBURG, NC 28075 CELL TOWER SOLUTIONS, LLC 1120 CREEKSHORE DRIVE ATHENS, GA 30606 Evaluation Criteria Ranking Points 1. Completeness of Response • Package submitted by the deadline • Package is complete (includes requested information as required per this solicitation) • Attachment B is complete, signed and notarized N/A Pass/Fail PASS PASS PASS PASS 2. Qualifications & Experience (0-5)15 4.3 4.3 63.8 63.8 3. Organization & Approach (0-5)10 3.5 4.0 35.0 40.0 Scope of Services Experience and approach to the following: • Experience specific to Communication Tower and Radio Equipment Valuation Audits • Past performance on projects similar in nature • Evidence that firm fully understands Owner’s goals and project scope • Time is a consideration in completion of this project. Firms are to provide a proposed project schedule to show how they propose to meet the deadlines listed in the RFP. (0-5)30 3.6 4.4 108.8 131.3 5. Financial Stability (0-5)5 3.5 3.9 17.5 19.4 6. References (0-5)5 3.8 4.1 18.8 20.6 Within Richmond County 5 10 0 0 Within CSRA 5 6 0 0 Within Georgia 5 4 5 0 20 Within SE United States (includes AL, TN, NC, SC, FL) 5 2 5 10 0  All Others 5 1 0 0 23.6 25.6 253.8 295.0 8. Presentation by Team (0-5)10 0 0 9. Q&A Response to Panel Questions (0-5)5 0 0 Lowest Fees 5 10 5 50 0 Second 5 6 5 0 30 Third 5 4 0 0 Forth 5 2 0 0 Fifth 5 1 0 0 Total Phase 2 - (Total Maximum Ranking 15 - Maximum Weighted Total Possible 125) 5 5 50 30 28.6 30.6 303.8 325.0 RFP #20-279 Communication Tower and Radio Equipment Valuation Audit for Augusta GA Tax Assessor’s Office RFP Evaluation Meeting: Monday, November 23, 2020 @ 3:00 p.m. Total (Total Possible Score 500) Total (May not Receive Less Than a 3 Ranking in Any Category to be Vendors Phase 1 Total - (Total Maximum Ranking 30 - Maximum Weighted Total Possible 375) Phase 1 Ranking of 0-5 (Enter a number value between Scale 0 (Low) to 5 (High) 7. Proximity to Area (only choose 1 line according to location of the company - enter the ranking value for the one line only) Weighted Scores Procurement DepartmentRepresentative:________Nancy Williams_________________________________ Procurement Department Completion Date: ________11/23/20________________ Phase 2 (Option - Numbers 8-9) (Vendors May Not Receive Less Than a 3 Ranking in Any Category to be Considered for Award) Internal Use Only Total Cumulative Score (Maximum point is 500) Evaluator: ______Cumulative _______________________ Date: _11/23/20_ 10. Cost/Fee Proposal Consideration (only choose 1 line according to dollar value of the proposal in relation to all fee proposals - enter the point value for the one line only) Commission Meeting Agenda 1/6/2021 2:00 PM Coliseum Authority Bonds Series 2021 Department:Finance Department:Finance Caption:Motion to adopt resolutions approving an Intergovernmental Service Agreement with the Augusta-Richmond County Coliseum Authority (the “Authority”), and Agreement of Sale with the Authority, in connection with the issuance of the Authority’s Revenue Bonds (Coliseum and TEE Center Project), Series 2021, and to authorize the Mayor or Mayor Pro Tempore and the Clerk of Commission to execute same as well as such other ancillary documents that may be necessary to consummate the transaction. Background:The bonds that were issued in 2010 are being refunded and reissued to realize savings from reduced interest rates. An addition $8 million is being issued to fund costs related to the new James Brown Arena. The Richmond County Coliseum authority approved issuance of the new bonds at their December 22, 2020 meeting. The bonds will be issued in two series: (1) a taxable series related to the Reynolds Street Parking Deck and Augusta Convention Center portion of the original bond issuance and (2) a tax exempt series related to the original funding for the renovations to the James Brown Arena and the new funds for the James Brown Area. Analysis:The refunding of the original bonds and issuance of $8 million in new bonds will allow the realization of savings and provide funding for the James Brown Arena. Financial Impact:Debt service will be funded from Hotel/Motel Tax collections which are allocated to the Richmond County Coliseum Authority and the Augusta Convention and Visitors Bureau. The bonds have been structured so the portion of the original debt still outstanding will be paid off in 10 years and the new funds will be paid off in 20 years. Both bond series can be prepaid without penalty. Cover Memo Alternatives:n/a Recommendation:approve resolutions Funds are Available in the Following Accounts: hotel motel tax revenues REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo 56754640.v1 AUTHORIZING RESOLUTION WHEREAS, the Augusta-Richmond County Coliseum Authority (the “Authority”), pursuant to a Master Bond Resolution adopted on July 6, 2010, as supplemented by a Supplemental Series 2010 Bond Resolution adopted on August 20, 2010 (the “2010 Resolution”), authorized, issued, and delivered $22,120,000 in original aggregate principal amount of its Revenue Bonds (Coliseum and TEE Center Project), Series 2010, presently outstanding in the aggregate principal amount of $13,335,000 (the “Refunded Bonds”), for the purpose of financing (1) the costs of acquiring, constructing, and installing certain capital improvements to the existing multi-use coliseum and civic center type facility, known as the “Augusta Entertainment Complex,” and (2) a portion of the costs of acquiring, constructing, and installing a new multi-use coliseum and civic center type facility known as the “Augusta Convention Center” (the “Convention Center”); and WHEREAS, in furtherance of the purposes for which it was created, the Authority proposes to issue, sell, and deliver its revenue bond to be known as “Augusta-Richmond County Coliseum Authority Refunding Revenue Bond (Augusta Convention Center Project), Federally Taxable Series 2021,” in the original principal amount of $10,850,000 (the “Bond”), for the purpose of obtaining funds (1) to pay a portion of the cost of refunding the Refunded Bonds, in order to refinance a portion of the costs of acquiring, constructing, and installing the Convention Center, and (2) to pay related costs and necessary expenses incidental thereto; and WHEREAS, Article IX, Section III, Paragraph I of the Constitution of the State of Georgia of 1983 authorizes Augusta, Georgia (the “Consolidated Government”) (1) to contract for any period not exceeding fifty years with any public corporation or public authority for joint services, for the provision of services, or for the joint or separate use of facilities or equipment, if such contract deals with activities, services, or facilities that the contracting parties are authorized by law to undertake or provide, and (2) in connection with any such contract to convey any existing facilities or equipment to any public corporation or public authority; and WHEREAS, Section 36-34-3 of the Official Code of Georgia Annotated authorizes the Consolidated Government to acquire, own, and operate buildings used or useful for housing fairs and exhibits, buildings for educational purposes, and buildings used or useful for public amusement purposes, together with facilities or buildings used for any combination of the above; and WHEREAS, in consideration of the Authority’s agreement to issue the Bond in order to provide funds to pay a portion of the cost of refunding the Refunded Bonds, the Consolidated Government proposes to purchase the Convention Center from the Authority pursuant to an Agreement of Sale, to be dated the date of its execution and delivery (the “Contract”), under the terms of which the Consolidated Government (1) will agree to make installment payments of purchase price to the Authority in amounts sufficient to enable the Authority to pay the principal of, premium, if any, and interest on the Bond when due, and (2) will agree to levy an annual ad valorem tax on all taxable property located within the territorial limits of the Consolidated Government, at such rate or rates, within the mill limit prescribed by an amendment to Article VII, Section I, Paragraph II of the Constitution of the State of Georgia of 1945 (1980 Ga. Laws -2- 56754640.v1 2177 to 2180, inclusive), now specifically continued as a part of the Constitution of the State of Georgia of 1983 pursuant to an Act of the General Assembly of the State of Georgia (1983 Ga. Laws 3870 to 3872, inclusive), or within such greater millage as may hereafter be prescribed by applicable law, as may be necessary to produce in each year revenues that are sufficient to fulfill the Consolidated Government’s obligations under the Contract; and WHEREAS, the Authority will sell the Bond at private sale to Key Government Finance, Inc. (the “Bond Buyer”), pursuant to a Bond Purchase Agreement, to be dated the date of its execution and delivery, between the Authority and the Bond Buyer; and WHEREAS, pursuant to the terms of an Assignment and Security Agreement, to be dated as of the first day of the month of its execution and delivery, between the Authority and the Bond Buyer, the Authority will pledge the amounts received from the Consolidated Government under the Contract as security for payment of the Bond; and WHEREAS, after careful study and investigation, the Consolidated Government desires to enter into the Contract; NOW, THEREFORE, BE IT RESOLVED by the Augusta-Richmond County Commission (the “Commission”) as follows: 1. The form, terms, and conditions and the execution, delivery, and performance of the Contract, which has been filed with the Consolidated Government, are hereby approved and authorized. The Contract shall be in substantially the form submitted to the Commission with such changes, corrections, deletions, insertions, variations, additions, or omissions as may be approved by the General Counsel of the Consolidated Government, whose approval thereof shall be conclusively evidenced by the execution of the Contract. 2. The Mayor of the Consolidated Government is hereby authorized and directed to execute on behalf of the Consolidated Government the Contract, and the Clerk of Commission of the Consolidated Government is hereby authorized and directed to affix thereto and attest the seal of the Consolidated Government, upon proper execution and delivery of the other parties thereto, provided, that in no event shall any such attestation or affixation of the seal of the Consolidated Government be required as a prerequisite to the effectiveness thereof, and the Mayor and Clerk of Commission of the Consolidated Government are authorized and directed to deliver the Contract on behalf of the Consolidated Government to the other party thereto, and to execute and deliver all such other contracts, instruments, deeds, documents, affidavits, or certificates (including, without limitation, in connection with the redemption of the Refunded Bonds, the conveyance of title to the Convention Center from the Consolidated Government to the Authority, and the validation of the Bond in the manner provided by law) and to do and perform all such things and acts as each shall deem necessary or appropriate in furtherance of the issuance of the Bond and the carrying out of the transactions authorized by this Resolution or contemplated by the instruments and documents referred to in this Resolution. In the absence of the Mayor, the Mayor Pro Tempore may take any action, or execute and deliver any document, agreement, or other writing, which the Mayor is authorized to execute and deliver pursuant to this Resolution. An Assistant or Deputy Clerk of Commission may attest any execution of any -3- 56754640.v1 document, agreement, or writing by the Mayor or the Mayor Pro Tempore, in the same manner as the Clerk of Commission would be authorized to attest any such execution. 3. This Resolution and the Contract, as approved by this Resolution, which are hereby incorporated in this Resolution by this reference thereto, shall be placed on file at the office of the Consolidated Government and made available for public inspection by any interested party immediately following the passage and approval of this Resolution. PASSED, ADOPTED, SIGNED, APPROVED, AND EFFECTIVE this 5th day of January 2021. (SEAL) AUGUSTA, GEORGIA By: Mayor Attest: Clerk of Commission 56754640.v1 CLERK OF COMMISSION’S CERTIFICATE I, LENA J. BONNER, the duly appointed, qualified, and acting Clerk of Commission of Augusta, Georgia (the “Consolidated Government”), DO HEREBY CERTIFY that the foregoing pages of typewritten matter constitute a true and correct copy of a resolution adopted on January 5, 2020, by the Augusta-Richmond County Commission (the “Commission”) in a meeting duly called and assembled in accordance with applicable laws and with the procedures of the Consolidated Government, by a vote of _____Yea and _____ Nay, which meeting was open to the public and at which a quorum was present and acting throughout, and that the original of the foregoing resolution appears of public record in the Minute Book of the Commission, which is in my custody and control. GIVEN under my hand and the seal of the Consolidated Government, this 5th day of January 2021. (SEAL) Clerk of Commission 56620438.v2 AUGUSTA-RICHMOND COUNTY COLISEUM AUTHORITY (a public corporation created and existing under the laws of the State of Georgia) as Seller and AUGUSTA, GEORGIA (a political subdivision created and existing under the laws of the State of Georgia) as Purchaser AGREEMENT OF SALE Dated as of January 1, 2021 THE RIGHTS AND INTEREST OF THE AUGUSTA-RICHMOND COUNTY COLISEUM AUTHORITY IN THIS AGREEMENT OF SALE AND THE REVENUES AND RECEIPTS DERIVED HEREFROM, EXCEPT FOR ITS UNASSIGNED RIGHTS, AS DEFINED HEREIN, HAVE BEEN ASSIGNED AND ARE THE SUBJECT OF A GRANT OF A SECURITY INTEREST TO KEY GOVERNMENT FINANCE, INC., UNDER AN ASSIGNMENT AND SECURITY AGREEMENT DATED THE DATE HEREOF. (i) 56620438.v2 AGREEMENT OF SALE TABLE OF CONTENTS (This Table of Contents is not a part of the Agreement of Sale and is only for convenience of reference.) Page ARTICLE I DEFINITIONS AND OTHER PROVISIONS OF GENERAL APPLICATION................................................................................................ 2 Section 1.01. Definitions ................................................................................................... 2 Section 1.02. Construction of Certain Terms................................................................. 5 Section 1.03. Table of Contents; Titles and Headings ................................................... 5 Section 1.04. Contents of Certificates or Opinions ........................................................ 5 ARTICLE II REPRESENTATIONS AND UNDERTAKINGS ......................................... 7 Section 2.01. Representations by the Authority ............................................................. 7 Section 2.02. Representations by the Consolidated Government ................................ 9 Section 2.03. Reliance by Bondholder .......................................................................... 12 ARTICLE III SALE OF THE CONVENTION CENTER; SECURITY; TITLE ........... 13 Section 3.01. Sale of the Convention Center ................................................................ 13 Section 3.02. Security for Payments under this Agreement ....................................... 13 Section 3.03. Security for the Bond; Perfection ........................................................... 15 Section 3.04. Warranty of Title ..................................................................................... 16 ARTICLE IV ISSUANCE OF THE BOND AND APPLICATION OF PROCEEDS .................................................................................................... 17 Section 4.01. Agreement to Issue the Bond; Application of Proceeds ....................... 17 ARTICLE V INSTALLMENT PURCHASE PROVISIONS; NATURE OF OBLIGATIONS OF CONSOLIDATED GOVERNMENT....................... 18 Section 5.01. Term of Agreement .................................................................................. 18 Section 5.02. Delivery and Acceptance of Possession .................................................. 18 Section 5.03. Purchase Price and Other Amounts Payable ........................................ 18 Section 5.04. Place of Purchase Price Payments .......................................................... 19 Section 5.05. Nature of Obligations of Consolidated Government Hereunder ........ 19 ARTICLE VI ADDITIONAL COVENANTS ..................................................................... 21 Section 6.01. No Warranty of Condition or Suitability by the Authority ................. 21 Section 6.02. Indemnity .................................................................................................. 21 Section 6.03. Financial Statements ................................................................................ 21 ARTICLE VII ASSIGNMENT; PURCHASE PRICE PREPAYMENTS ......................... 22 Section 7.01. No Assignment by Consolidated Government ...................................... 22 Section 7.02. Redemption of Bond ................................................................................ 22 Section 7.03. Prepayment of Purchase Price ................................................................ 22 Page (ii) 56620438.v2 Section 7.04. Option to Prepay the Purchase Price and Redeem the Bond at Prior Optional Redemption Dates .......................................................... 22 ARTICLE VIII EVENTS OF DEFAULT AND REMEDIES ............................................... 23 Section 8.01. Events of Default Defined ........................................................................ 23 Section 8.02. Remedies on Default ................................................................................ 24 Section 8.03. No Remedy Exclusive .............................................................................. 24 Section 8.04. Agreement to Pay Fees and Expenses .................................................... 24 Section 8.05. Waiver of Events of Default .................................................................... 25 ARTICLE IX MISCELLANEOUS ...................................................................................... 26 Section 9.01. Notices ....................................................................................................... 26 Section 9.02. Construction and Binding Effect ............................................................ 27 Section 9.03. Severability ............................................................................................... 27 Section 9.04. Amendments, Changes, and Modifications ........................................... 27 Section 9.05. Execution of Counterparts ...................................................................... 27 Section 9.06. Law Governing Construction of this Agreement .................................. 27 Section 9.07. Immunity of Officials, Officers, and Employees of Authority and Consolidated Government ............................................................... 27 SIGNATURES AND SEALS ......................................................................................................28 EXHIBIT A - DESCRIPTION OF PREMISES .................................................................... A-1 EXHIBIT B - DESCRIPTION OF EQUIPMENT .................................................................B-1 EXHIBIT C - DOCUMENTATION PURSUANT TO SECTION 2.02(K) ......................... C-1 56620438.v2 AGREEMENT OF SALE This AGREEMENT OF SALE, dated as of January 1, 2021, by and between the Augusta-Richmond County Coliseum Authority (the “Authority”), a public corporation created and existing under the laws of the State of Georgia, and Augusta, Georgia (the “Consolidated Government”), a political subdivision created and existing under the laws of the State of Georgia; W I T N E S S E T H: WHEREAS, the Authority desires to sell the Convention Center, as hereinafter defined, to the Consolidated Government, and the Consolidated Government desires to purchase the Convention Center from the Authority, subject to the terms and conditions of and for the purposes set forth in this Agreement; and WHEREAS, the Authority and the Consolidated Government are authorized under the Constitution and statutes of the State of Georgia to enter into this Agreement for the purposes set forth herein; NOW, THEREFORE, for and in consideration of the promises and covenants hereinafter contained, the parties hereby agree as follows: -2- 56620438.v2 ARTICLE I DEFINITIONS AND OTHER PROVISIONS OF GENERAL APPLICATION Section 1.01. Definitions. Certain words and terms used in this Agreement are defined herein. When used herein, such words and terms shall have the meanings given to them by the language employed in this Article I defining such words and terms, unless the context clearly indicates otherwise. In addition to the words and terms defined elsewhere herein, the following words and terms are defined terms under this Agreement: “Act” means an Act of the General Assembly of the State of Georgia entitled the “Augusta-Richmond County Coliseum Authority Act” (1973 Ga. Laws 3042 to 3059, inclusive), as amended by Acts of the General Assembly of the State of Georgia (1974 Ga. Laws 3207 to 3211, inclusive, 1975 Ga. Laws 4681 to 4687, inclusive, 1977 Ga. Laws 3300 to 3303, inclusive, 1978 Ga. Laws 4673 to 4675, inclusive, 1993 Ga. Laws 4087 to 4091, inclusive, 2009 Ga. Laws 3873 to 3877, inclusive, and 2012 Ga. Laws 5205 to 5206, inclusive), as the same may be from time to time supplemented and amended. “Additional Contract” means a contract or supplemental agreement entered into after the date hereof binding the Consolidated Government pursuant to Article IX, Section III, Paragraph I of the Constitution of the State of Georgia of 1983, pursuant to the terms of which a payment obligation is created or expanded from the Consolidated Government to the other party to such contract. “Agreement” means the within Agreement of Sale between the Authority and the Consolidated Government, as the same may be amended from time to time in accordance with the provisions hereof. “Assignment” means the Assignment and Security Agreement, dated the date hereof, between the Authority and the Bond Buyer, under the terms of which the Authority assigned and pledged, and granted a first priority security interest in, its right, title, and interest in this Agreement (except Unassigned Rights) to the Bond Buyer, as security for the payment of principal of, premium, if any, and interest on the Bond. The term Assignment shall include any amendments or supplements thereto. “Authority” means the Augusta-Richmond County Coliseum Authority, a public corporation created and existing under the laws of the State, the party of the first part hereto, and its successors and assigns. “Bond” means the revenue bond designated “Augusta-Richmond County Coliseum Authority Refunding Revenue Bond (Augusta Convention Center Project), Federally Taxable Series 2021,” dated the date of its delivery, in the original principal amount of $10,850,000, to be issued pursuant to the Bond Purchase Agreement, and any bond issued in substitution or exchange therefor. “Bond Buyer” means Key Government Finance, Inc. and its successors and assigns. -3- 56620438.v2 “Bond Documents” means, collectively, this Agreement, the Assignment, the Bond, and the Bond Purchase Agreement. “Bond Purchase Agreement” means the Bond Purchase Agreement, dated the date of its execution and delivery, between the Authority and the Bond Buyer, under the terms of which the Authority agreed to issue and sell the Bond to the Bond Buyer and the Bond Buyer agreed to purchase the Bond from the Authority. The term Bond Purchase Agreement shall include any amendments or supplements thereto. “Bond Resolution” means the resolution or resolutions adopted by the Governing Body of the Authority authorizing the issuance and sale of the Bond and the security therefor. “Bondholder” means the Person in whose name the Bond is registered on the bond registration books kept and maintained by the Authority. “Building” means that certain building and all other facilities and improvements constituting part of the Convention Center and not constituting part of the Equipment, which is located on the Premises. “Consolidated Government” means Augusta, Georgia, a political subdivision created and existing under the laws of the State, the party of the second part hereto, and its successors and assigns. “Constitutional Amendment” means an amendment to Article VII, Section I, Paragraph II of the Constitution of the State of Georgia of 1945 (1980 Ga. Laws 2177 to 2180, inclusive), now specifically continued as a part of the Constitution of the State of Georgia of 1983 pursuant to an Act of the General Assembly of the State of Georgia (1983 Ga. Laws 3870 to 3872, inclusive). “Contracts” means this Agreement, the Service Agreement, the Prior Contracts, and all Additional Contracts. “Convention Center” means the multi-use coliseum and civic center type facility known as the “Augusta Convention Center” that was acquired, constructed, and installed in part from the proceeds of the Refunded Bonds, and all related property both real and personal, consisting of the Premises, the Building, and the Equipment. “Equipment” means the equipment, machinery, furnishings, and other property described in Exhibit B attached hereto, which, by this reference thereto, is incorporated herein. “Event of Default” means any event specified in Section 8.01 of this Agreement. “Fiscal Year” means any period of twelve consecutive months adopted by the Consolidated Government as its fiscal year for financial reporting purposes and shall initially mean the period beginning on January 1 of each calendar year and ending on December 31 of the same calendar year. -4- 56620438.v2 “Governing Body” means, in the case of the Authority, its members and, in the case of the Consolidated Government, the Augusta-Richmond County Commission. “Lien” means any mortgage or pledge of or security interest in or lien, charge, or encumbrance on the Convention Center. “Person” means natural persons, firms, joint ventures, associations, trusts, partnerships, corporations, limited liability companies, and public bodies. “Premises” means the real estate described in Exhibit A attached hereto, which, by this reference thereto, is incorporated herein. “Prior Contracts” means, collectively, the Intergovernmental Contract, dated as of December 7, 2010, between the Solid Waste Management Authority of Augusta and the Consolidated Government; the Intergovernmental Agreement, dated as of August 1, 2014, between the Urban Redevelopment Agency of Augusta and the Consolidated Government; the Agreement of Sale, dated as of July 1, 2017, as amended by the First Amendment to Agreement of Sale, dated as of July 1, 2018, between the Urban Redevelopment Agency of Augusta and the Consolidated Government; the Intergovernmental Redevelopment Agreement, dated as of May 1, 2018, between the Urban Redevelopment Agency of Augusta and the Consolidated Government; and the Intergovernmental Service Agreement, dated as of September 1, 2020, between the Urban Redevelopment Agency of Augusta and the Consolidated Government as the same may be supplemented and amended from time to time in accordance with the provisions thereof. “Purchase Price” means the purchase price payable by the Consolidated Government to the Authority pursuant to Section 5.03(a) of this Agreement. “Refunded Bonds” means the revenue bonds designated “Augusta-Richmond County Coliseum Authority Revenue Bonds (Coliseum and TEE Center Project), Series 2010,” maturing on October 1, 2021 and thereafter, presently outstanding in the aggregate principal amount of $13,335,000. “Revenue Bond Law” means Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, entitled the “Revenue Bond Law,” as amended. “Service Agreement” means the Intergovernmental Service Agreement, dated as of January 1, 2021, by and between the Consolidated Government and the Authority, as the same may be supplemented and amended from time to time in accordance with the provisions thereof. “State” means the State of Georgia. “2010 Paying Agent” means The Bank of New York Mellon Trust Company, N.A., as paying agent, bond registrar, and sinking fund custodian for the Refunded Bonds pursuant to the 2010 Resolution. -5- 56620438.v2 “2010 Resolution” means the Master Bond Resolution adopted on July 6, 2010, as supplemented by a Supplemental Series 2010 Bond Resolution adopted on August 20, 2010, pursuant to which the Refunded Bonds were issued. “2010 Sinking Fund” means the Sinking Fund created in the 2010 Resolution. “Unassigned Rights” means all of the rights of the Authority to receive reimbursements and payments pursuant to Sections 5.03(b), 6.02, and 8.04 hereof and to be held harmless and indemnified pursuant to Section 6.02 hereof. Section 1.02. Construction of Certain Terms. For all purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires, the following rules of construction shall apply: (1) The use of the masculine, feminine, or neuter gender is for convenience only and shall be deemed and construed to include correlative words of the masculine, feminine, or neuter gender, as appropriate. (2) “This Agreement” means this instrument as originally executed or as it may from time to time be supplemented or amended by one or more agreements of sale supplemental hereto entered into pursuant to the applicable provisions hereof. (3) All references in this instrument to designated “Articles,” “Sections,” and other subdivisions are to the designated Articles, Sections, and other subdivisions of this instrument. The words “herein,” “hereof,” and “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular Article, Section, or other subdivision. (4) The terms defined in this Article shall have the meaning assigned to them in this Article and include the plural as well as the singular. (5) All accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles as promulgated by the American Institute of Certified Public Accountants, on and as of the date of this instrument. Section 1.03. Table of Contents; Titles and Headings. The table of contents, the titles of the articles, and the headings of the sections of this Agreement are solely for convenience of reference, are not a part of this Agreement, and shall not be deemed to affect the meaning, construction, or effect of any of its provisions. Section 1.04. Contents of Certificates or Opinions. Every certificate or opinion with respect to the compliance with a condition or covenant provided for in this Agreement shall include: (i) a statement that the person or persons making or giving such certificate or opinion have read such covenant or condition and the definitions herein relating thereto; (ii) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; (iii) a statement that, in the opinion of the signers, they have made or caused to be made such examination or -6- 56620438.v2 investigation as is necessary to enable them to express an informed opinion as to whether or not such covenant or condition has been complied with; and (iv) a statement as to whether, in the opinion of the signers, such condition or covenant has been complied with. Any such certificate or opinion made or given by an official of the Authority or the Consolidated Government may be based, insofar as it relates to legal or accounting matters, upon a certificate or an opinion of counsel or an accountant, which certificate or opinion has been given only after due inquiry of the relevant facts and circumstances, unless such official knows that the certificate or opinion with respect to the matters upon which his certificate or opinion may be based as aforesaid is erroneous or in the exercise of reasonable care should have known that the same was erroneous. Any such certificate or opinion made or given by counsel or an accountant may be based (insofar as it relates to factual matters with respect to information that is in the possession of an official of the Authority or the Consolidated Government or any third party) upon the certificate or opinion of or representations by an official of the Authority or the Consolidated Government or any third party on whom counsel or an accountant could reasonably rely unless such counsel or such accountant knows that the certificate or opinion or representations with respect to the matters upon which his certificate or opinion may be based as aforesaid are erroneous or in the exercise of reasonable care should have known that the same were erroneous. The same official of the Authority or the Consolidated Government, or the same counsel or accountant, as the case may be, need not certify or opine to all of the matters required to be certified or opined under any provision of this Agreement, but different officials, counsel, or accountants may certify or opine to different matters, respectively. [End of Article I] -7- 56620438.v2 ARTICLE II REPRESENTATIONS AND UNDERTAKINGS Section 2.01. Representations by the Authority. The Authority makes the following representations and warranties as the basis for the undertakings on its part herein contained: (a) Creation and Authority. The Authority is a public corporation duly created and validly existing under the laws of the State, including the provisions of the Act. The Authority has all requisite power and authority under the Act and the laws of the State (1) to issue the Bond to refund a portion of the Refunded Bonds, in order to refinance a portion of the costs of acquiring, constructing, and installing the Convention Center; (2) to sell the Convention Center to the Consolidated Government; and (3) to enter into, perform its obligations under, and exercise its rights under this Agreement, the Bond Purchase Agreement, and the Assignment. The Act authorizes the Authority to issue negotiable revenue bonds of the Authority for the purpose of paying all or any part of the cost of any one or more “projects,” which includes the acquisition, construction, equipping, maintenance, and operation of multi-use coliseum and civic center type facilities to be used for athletic contests, games, meetings, trade fairs, expositions, political conventions, agricultural events, theatrical and musical performances, conventions, and other public entertainments, and the usual facilities related thereto, including, without limitation, refreshment stands and restaurants, and facilities for the purveying of foods, beverages, publications, souvenirs, novelties, and goods of all kinds, whether operated or purveyed directly, or indirectly through concessions, licenses, leases, or otherwise, parking facilities or parking areas in connection therewith, recreational centers and areas including, but not limited to, gymnasium and athletic facilities and related buildings, and the usual and convenient facilities appertaining to such undertakings and the extension and improvements of such facilities, acquiring the necessary property therefor, both real and personal, and the lease, sale, and licensing of any part or all of such facilities, including real and personal property, to any persons, firms or corporations whether public or private so as to assure the efficient and proper development, maintenance, and operation of such facilities and areas, deemed by the Authority to be necessary, convenient or desirable. The Act also authorizes the Authority to provide by resolution for the issuance of bonds of the Authority for the purpose of funding or refunding any revenue bonds issued under the Act and then outstanding together with accrued interest thereon. The Act also authorizes the Authority to do all things that municipalities are empowered to do under the provisions of the Revenue Bond Law. The Authority is authorized and empowered under and pursuant to the provisions of the Revenue Bond Law to issue revenue bonds to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment, or extension of any “undertaking,” which includes buildings to be constructed and used for the housing of exhibits for fairs and educational purposes, the erection and construction of buildings to be used for amusement purposes or educational purposes or a combination of the two, and such buildings to be used for fairs, expositions, or exhibitions in connection therewith. The Authority is also authorized and empowered under and pursuant to the provisions of the Revenue Bond Law to issue revenue bonds at any time to refund or refinance, in whole or in part, all outstanding revenue bonds against any existing undertaking or any combination thereof or its anticipated revenue. The Act also authorizes the Authority (1) to acquire by purchase, lease, or otherwise, and to hold and dispose of real and personal property of -8- 56620438.v2 every kind and character for its corporate purposes, (2) to make contracts, and to execute all instruments necessary or convenient, with any city, town, municipality, consolidated government, county, or other political subdivision of the State, including contracts for construction of any project and contracts with respect to the use and management of any project, and (3) to pledge and allocate the revenues, fees, tolls, and earnings derived from any project as security for repayment of its revenue bonds. The Authority has found that the Convention Center constitutes a “project” within the meaning of that term as defined in the Act, has found that the Convention Center constitutes an “undertaking” within the meaning of that term as defined in the Revenue Bond Law, and has found that the Convention Center is for the lawful and valid public purposes set forth in the Act. (b) Pending Litigation. There are no actions, suits, proceedings, inquiries, or investigations pending or, to the knowledge of the Authority, after making due inquiry with respect thereto, threatened against or affecting the Authority in any court or by or before any governmental authority or arbitration board or tribunal, which involve the possibility of materially and adversely affecting the transactions contemplated by this Agreement or which, in any way, would adversely affect the validity or enforceability of the Bond, the Bond Purchase Agreement, the Assignment, this Agreement, or any agreement or instrument to which the Authority is a party and which is used or contemplated for use in the consummation of the transactions contemplated hereby or thereby, nor is the Authority aware of any facts or circumstances presently existing that would form the basis for any such actions, suits, or proceedings. (c) Agreements Are Legal and Authorized. The execution and delivery by the Authority of this Agreement, the Bond, the Bond Purchase Agreement, and the Assignment and the compliance by the Authority with all of the provisions of each thereof (i) are within the purposes, powers, and authority of the Authority; (ii) have been done in full compliance with the provisions of the Act and have been approved by the Governing Body of the Authority and are legal and will not conflict with or constitute on the part of the Authority a violation of or a breach of or a default under any organic document, indenture, mortgage, security deed, pledge, note, lease, loan, or installment sale agreement, contract, or other agreement or instrument to which the Authority is a party or by which the Authority or its properties are otherwise subject or bound, or any license, judgment, decree, law, statute, order, writ, injunction, demand, rule, or regulation of any court or governmental agency or body having jurisdiction over the Authority or any of its activities or properties; and (iii) have been duly authorized by all necessary and appropriate official action on the part of the Governing Body of the Authority. This Agreement, the Bond, the Bond Purchase Agreement, and the Assignment are the valid, legal, binding, and enforceable obligations of the Authority. (d) Governmental Consents. Neither the nature of the Authority nor any of its activities or properties, nor any relationship between the Authority and any other Person, nor any circumstance in connection with the offer, issue, sale, or delivery of the Bond is such as to require the consent, approval, permission, order, license, or authorization of, or the filing, registration, or qualification with, any governmental authority on the part of the Authority in connection with the execution, delivery, and performance of this Agreement, the Bond Purchase Agreement, and the Assignment or the consummation of any transaction therein contemplated, or -9- 56620438.v2 the offer, issue, sale, or delivery of the Bond, except as shall have been obtained or made and as are in full force and effect. (e) No Defaults. To the knowledge of the Authority, after making due inquiry with respect thereto, no event has occurred and no condition exists that would constitute an event of default under the Bond Purchase Agreement or that, with the lapse of time or with the giving of notice or both, would become such an event of default. To the knowledge of the Authority, after making due inquiry with respect thereto, the Authority is not in default or violation in any material respect under the Act or under any organic document or other agreement or instrument to which it is a party or by which it may be bound. (f) No Prior Pledge. Neither this Agreement nor any of the payments or amounts to be received by the Authority hereunder have been or will be assigned, pledged, or hypothecated in any manner or for any purpose or have been or will be the subject of a grant of a security interest by the Authority other than as provided in the Assignment. (g) Disclosure. The representations of the Authority contained in this Agreement and any certificate, document, written statement, or other instrument furnished to the Bond Buyer by or on behalf of the Authority in connection with the transactions contemplated hereby do not contain any untrue statement of a material fact relating to the Authority and do not omit to state a material fact relating to the Authority necessary in order to make the statements contained herein and therein relating to the Authority not misleading. Nothing has come to the attention of the Authority that would materially and adversely affect or in the future may (so far as the Authority can now reasonably foresee) materially and adversely affect the sale of the Convention Center by the Authority or any other transactions contemplated by this Agreement, the Bond Purchase Agreement, and the Assignment, which has not been set forth in writing to the Bond Buyer or in the certificates, documents, and instruments furnished to the Bond Buyer by or on behalf of the Authority prior to the date of execution of this Agreement in connection with the transactions contemplated hereby. (h) Compliance with Conditions Precedent to the Issuance of the Bond. All acts, conditions, and things required to exist, happen, and be performed precedent to and in the execution and delivery by the Authority of the Bond do exist, have happened, and have been performed in due time, form, and manner as required by law; the issuance of the Bond, together with all other obligations of the Authority, do not exceed or violate any constitutional or statutory limitation; and the revenues, funds, property, and amounts pledged to the payment of the principal of, premium, if any, and interest on the Bond, as the same become due, have been calculated to be sufficient in amount for that purpose. Section 2.02. Representations by the Consolidated Government. The Consolidated Government makes the following representations and warranties as the basis for the undertakings on its part herein contained: (a) Creation and Authority. The Consolidated Government is a political subdivision duly created and validly existing under the laws of the State. The Consolidated Government has all requisite power and authority under the laws of the State to purchase the Convention Center from the Authority and to enter into, perform its obligations under, and exercise its rights under -10- 56620438.v2 this Agreement. Article IX, Section III, Paragraph I of the Constitution of the State of Georgia of 1983 authorizes the Consolidated Government (1) to contract for any period not exceeding fifty years with any public corporation or public authority for joint services, for the provision of services, or for the joint or separate use of facilities or equipment, if such contract deals with activities, services, or facilities that the contracting parties are authorized by law to undertake or provide, and (2) in connection with any such contract to convey any existing facilities or equipment to any public corporation or public authority. Section 36-34-3 of the Official Code of Georgia Annotated authorizes the Consolidated Government to acquire, own, and operate buildings used or useful for housing fairs and exhibits, buildings for educational purposes, and buildings used or useful for public amusement purposes, together with facilities or buildings used for any combination of the above. (b) Pending Litigation. There are no actions, suits, proceedings, inquiries, or investigations pending or, to the knowledge of the Consolidated Government, after making due inquiry with respect thereto, threatened against or affecting the Consolidated Government in any court or by or before any governmental authority or arbitration board or tribunal, which involve the possibility of materially and adversely affecting the properties, activities, prospects, profits, operations, or condition (financial or otherwise) of the Consolidated Government, or the ability of the Consolidated Government to perform its obligations under this Agreement, or the transactions contemplated by this Agreement or which, in any way, would adversely affect the validity or enforceability of this Agreement or any agreement or instrument to which the Consolidated Government is a party and which is used or contemplated for use in the consummation of the transactions contemplated hereby or thereby, nor is the Consolidated Government aware of any facts or circumstances presently existing that would form the basis for any such actions, suits, or proceedings. The Consolidated Government is not in default with respect to any judgment, order, writ, injunction, decree, demand, rule, or regulation of any court, governmental authority, or arbitration board or tribunal. (c) Agreement Is Legal and Authorized. The execution and delivery by the Consolidated Government of this Agreement, the consummation of the transactions herein contemplated, and the fulfillment of or the compliance with all of the provisions hereof (i) are within the power, legal right, and authority of the Consolidated Government; (ii) are legal and will not conflict with or constitute on the part of the Consolidated Government a violation of or a breach of or a default under, any organic document, indenture, mortgage, security deed, pledge, note, lease, loan, or installment sale agreement, contract, or other agreement or instrument to which the Consolidated Government is a party or by which the Consolidated Government or its properties are otherwise subject or bound, or any license, law, statute, rule, regulation, judgment, order, writ, injunction, decree, or demand of any court or governmental agency or body having jurisdiction over the Consolidated Government or any of its activities or properties; and (iii) have been duly authorized by all necessary and appropriate official action on the part of the Governing Body of the Consolidated Government. This Agreement is the valid, legal, binding, and enforceable obligation of the Consolidated Government. The officials of the Consolidated Government executing this Agreement are duly and properly in office and are fully authorized and empowered to execute the same for and on behalf of the Consolidated Government. (d) Governmental Consents. Neither the Consolidated Government nor any of its activities or properties, nor any relationship between the Consolidated Government and any other -11- 56620438.v2 Person, nor any circumstances in connection with the execution, delivery, and performance by the Consolidated Government of its obligations under this Agreement or the offer, issue, sale, or delivery by the Authority of the Bond, is such as to require the consent, approval, permission, order, license, or authorization of, or the filing, registration, or qualification with, any governmental authority on the part of the Consolidated Government in connection with the execution, delivery, and performance of this Agreement or the consummation of any transaction herein contemplated, or the offer, issue, sale, or delivery of the Bond, except as shall have been obtained or made and as are in full force and effect and except as are not presently obtainable. To the knowledge of the Consolidated Government, after making due inquiry with respect thereto, the Consolidated Government will be able to obtain all such additional consents, approvals, permissions, orders, licenses, or authorizations of governmental authorities as may be required on or prior to the date the Consolidated Government is legally required to obtain the same. (e) No Defaults. No event has occurred and no condition exists that would constitute an Event of Default or that, with the lapse of time or with the giving of notice or both, would become an Event of Default. To the knowledge of the Consolidated Government, after making due inquiry with respect thereto, the Consolidated Government is not in default or violation in any material respect under any organic document or other agreement or instrument to which it is a party or by which it may be bound. (f) Compliance with Law. To the knowledge of the Consolidated Government, after making due inquiry with respect thereto, the Consolidated Government is not in violation of any laws, ordinances, or governmental rules or regulations to which it or its properties are subject and has not failed to obtain any licenses, permits, franchises, or other governmental authorizations (which are presently obtainable) necessary to the ownership of its properties or to the conduct of its affairs, which violation or failure to obtain might materially and adversely affect the properties, activities, prospects, profits, and condition (financial or otherwise) of the Consolidated Government, and there have been no citations, notices, or orders of noncompliance issued to the Consolidated Government under any such law, ordinance, rule, or regulation. (g) Restrictions on the Consolidated Government. The Consolidated Government is not a party to or bound by any contract, instrument, or agreement, or subject to any other restriction, that materially and adversely affects its activities, properties, assets, operations, or condition (financial or otherwise). The Consolidated Government is not a party to any contract or agreement that restricts the right or ability of the Consolidated Government to enter into agreements of sale on an installment basis. (h) Disclosure. The representations of the Consolidated Government contained in this Agreement and any certificate, document, written statement, or other instrument furnished by or on behalf of the Consolidated Government to the Authority or the Bond Buyer in connection with the transactions contemplated hereby, do not contain any untrue statement of a material fact and do not omit to state a material fact necessary to make the statements contained herein or therein not misleading. There is no fact that the Consolidated Government has not disclosed to the Authority or the Bond Buyer in writing that materially and adversely affects or in the future may (so far as the Consolidated Government can now reasonably foresee) materially and adversely affect the purchase of the Convention Center or the properties, activities, prospects, -12- 56620438.v2 operations, profits, or condition (financial or otherwise) of the Consolidated Government, or the ability of the Consolidated Government to perform its obligations under this Agreement or any of the documents or transactions contemplated hereby or thereby or any other transactions contemplated by this Agreement, which has not been set forth in writing to the Bond Buyer or in the certificates, documents, and instruments furnished to the Bond Buyer by or on behalf of the Consolidated Government prior to the date of execution of this Agreement in connection with the transactions contemplated hereby. (i) Convention Center Compliance. The Convention Center complies or will comply with all presently applicable building and zoning, health, environmental, and safety ordinances and laws and all other applicable laws, rules, and regulations of any and all governmental and quasi-governmental authorities having jurisdiction over any portion of the Convention Center. (j) Financial Statements. The balance sheet of the Consolidated Government as of December 31, 2019, and the statement of revenues, expenditures, and changes in fund balance and the statement of cash flow for the year ended December 31, 2019 (copies of which, audited by Mauldin & Jenkins, LLC, independent certified public accountants, have been furnished to the Bond Buyer) present fairly the financial position of the Consolidated Government as of December 31, 2019, and the results of its operations and its cash flows for the year ended December 31, 2019, with such exceptions as may be disclosed in the audit report. Since December 31, 2019, there has been no material adverse change in the financial position or results of operations or cash flows of the Consolidated Government. (k) Other Contracts. The Consolidated Government represents that there is not presently in force and effect any other contract or agreement that obligates the Consolidated Government to levy an annual ad valorem tax on all taxable property located within the territorial limits of the Consolidated Government, as now existent and as the same may hereafter be extended, at such rate or rates, within the mill limit prescribed by the Constitutional Amendment, to provide revenues to fulfill the Consolidated Government’s obligations under such contract or agreement, except for the Prior Contracts and the Service Agreement. The Consolidated Government has obtained documentation evidencing that the conditions of the Prior Contracts have been satisfied, in order to permit the Agency and the Consolidated Government to enter into this Agreement, which documentation is attached to this Agreement as Exhibit C. Section 2.03. Reliance by Bondholder. The Authority and the Consolidated Government acknowledge and agree that these representations and warranties are made to induce the Bond Buyer to purchase the Bond, and that such representations and warranties and any other representations and warranties made by the Authority and the Consolidated Government in the Bond Documents are made for the benefit of the Bondholder and may be relied upon by the Bondholder and shall remain operative and in full force and effect (unless expressly waived in writing by the Bond Buyer), regardless of any investigations made by the Bond Buyer or on its behalf, and shall survive delivery of the Bond to the Bond Buyer. [End of Article II] -13- 56620438.v2 ARTICLE III SALE OF THE CONVENTION CENTER; SECURITY; TITLE Section 3.01. Sale of the Convention Center. The Authority hereby sells to the Consolidated Government, and the Consolidated Government hereby purchases from the Authority, the Convention Center at the purchase price set forth in Section 5.03 hereof and in accordance with the provisions of this Agreement. Promptly after acquiring the Convention Center pursuant to Section 4.01, the Authority shall deliver to the Consolidated Government documents conveying to the Consolidated Government good and marketable title (of the same quality as received by the Authority) to the Convention Center. Section 3.02. Security for Payments under this Agreement. (a) As security for the payments required to be made and the obligations required to be performed by the Consolidated Government under this Agreement, the Consolidated Government hereby pledges to the Authority its full faith and credit and taxing power for such payment and performance. The Consolidated Government covenants that, in order to make any payments of Purchase Price when due from its general funds to the extent required hereunder, it will exercise its power of taxation to the extent necessary to pay the amounts required to be paid hereunder and will make available and use for such payments all taxes levied and collected for that purpose together with funds received from any other sources. The Consolidated Government further covenants and agrees that in order to make funds available for such purpose in each Fiscal Year, it will, in its general revenue, appropriation, and budgetary measures through which its tax funds or revenues and the allocation thereof are controlled or provided for, include sums sufficient to satisfy any such payments of Purchase Price that may be required to be made hereunder, whether or not any other sums are included in such measure, until all payments so required to be made hereunder shall have been made in full. The obligation of the Consolidated Government to make any payments that may be required to be made from its general funds shall constitute a general obligation of the Consolidated Government and a pledge of the full faith and credit of the Consolidated Government to provide the funds required to fulfill any such obligation. In the event for any reason any such provision or appropriation is not made as provided in this Section 3.02, then the fiscal officers of the Consolidated Government are hereby authorized and directed to set up as an appropriation on their accounts in the appropriate Fiscal Year the amounts required to pay the obligations that may be due from the general funds of the Consolidated Government. The amount of such appropriation shall be due and payable and shall be expended for the purpose of paying any such obligations, and such appropriation shall have the same legal status as if the Consolidated Government had included the amount of the appropriation in its general revenue, appropriation, and budgetary measures, and the fiscal officers of the Consolidated Government shall make such payments of Purchase Price to the Authority if for any reason the payment of such obligations shall not otherwise have been made. (b) The Consolidated Government covenants and agrees that it shall, to the extent necessary, levy an annual ad valorem tax on all taxable property located within the territorial limits of the Consolidated Government, as now existent and as the same may hereafter be extended, at such rate or rates, within the mill limit prescribed by the Constitutional Amendment or within such greater millage as may hereafter be prescribed by applicable law, as may be -14- 56620438.v2 necessary to produce in each year revenues that will be sufficient to fulfill the Consolidated Government’s obligations under this Agreement, from which revenues the Consolidated Government agrees to appropriate sums sufficient to pay in full when due all of the Consolidated Government’s obligations under this Agreement. The Consolidated Government hereby creates and grants a lien in favor of the Authority on any and all revenues realized by the Consolidated Government from such tax, to make the payments that are required under this Agreement, which lien (i) shall rank on a parity with the lien created and granted in favor of the Authority on such revenues pursuant to the Service Agreement and (ii) is superior to any that can hereafter be created, except that this lien may be extended to cover any Additional Contracts, as permitted by Section 3.02(e) hereof, and the Prior Contracts. Nothing herein contained, however, shall be construed as limiting the right of the Consolidated Government to make the payments called for by this Agreement out of any funds lawfully available to it for such purpose, from whatever source derived (including general funds). (c) The Consolidated Government’s obligation to levy an annual ad valorem tax within the mill limit prescribed by the Constitutional Amendment, or such greater millage hereafter authorized by law, for the purpose of providing funds to meet the Consolidated Government’s payment obligations under this Agreement shall not be junior and subordinate, but shall be superior or equal to the Consolidated Government’s obligation to levy an annual ad valorem tax at such rate or rates within such mill limit or such greater millage as hereinafter prescribed by law pursuant to the provisions of the Prior Contracts, the Service Agreement, and any Additional Contract. It is expressly provided, however, that the Consolidated Government shall not be required to levy a tax in any year at a rate or rates exceeding in the aggregate the maximum millage prescribed by the Constitutional Amendment for such year, or any greater millage hereafter prescribed by law, in order to meet its obligations under the Contracts. (d) So long as the Bond is unpaid, the Consolidated Government shall not: (1) enter into an Additional Contract that creates a lien on the revenues to be derived from the tax to be levied hereunder by the Consolidated Government to fulfill its obligations hereunder, which is superior to the lien created hereunder; (2) enter into any other contract or agreement creating a lien on such tax revenues for any purpose other than debt service payments (including creation and maintenance of reasonable reserves therefor) superior to or on a parity with the lien created thereon to fulfill the obligations of the Consolidated Government hereunder; and (3) enter into any Additional Contract that provides for payment to be made by the Consolidated Government from moneys derived from the levy of a tax within the maximum millage now or hereafter authorized by law if each annual payment of all amounts payable with respect to debt service or which are otherwise fixed in amount or currently budgeted in amount under all Contracts then in existence, together with each annual payment to be made under the proposed Additional Contract, in each future Fiscal Year, would exceed the amount then capable of being produced by a levy of a tax within the maximum millage now or hereafter authorized by law on the taxable value of property located within the territorial limits of the Consolidated Government subject to taxation for such purposes, as shown by the latest tax digest available immediately preceding the execution of any such Additional Contract. -15- 56620438.v2 (e) It is further expressly provided that so long as the Bond is unpaid, the Consolidated Government shall not hereafter enter into any Additional Contract for the purpose of debt service payments (including creation and maintenance of reserves therefor), unless the amount then capable of being produced by the levy of an ad valorem tax within the maximum millage then prescribed by the Constitutional Amendment or any successor provision on all taxable property within the territorial limits of the Consolidated Government, as shown by the latest tax digest available immediately preceding the execution of such Additional Contract, is equal to at least the maximum combined amount payable in any future Fiscal Year with respect to debt service under all existing Contracts and any such Additional Contract. Debt service for purposes of this paragraph (e) shall mean required payments of principal, including principal to be paid through mandatory redemption, interest, and amounts required to be paid for creation and maintenance of reasonable debt service reserves and to establish and maintain mandatory investment programs, less principal and interest received or to be received from investment of any of the foregoing amounts (except funds on hand or to be on hand in any debt service reserve) required to be applied to debt service in each Fiscal Year. The Consolidated Government shall furnish the Authority, not less than five (5) nor more than sixty (60) days prior to the date of execution and delivery of any such Additional Contract, a report of an independent certified public accountant to the effect that, based upon an affidavit of the Tax Commissioner of Richmond County as to the taxable value of property located within the territorial limits of the Consolidated Government, the requirements of this paragraph (e) have been met. Section 3.03. Security for the Bond; Perfection. Contemporaneously with the issuance of the Bond, as security for the payment of the Bond, the Authority shall execute and deliver the Assignment. The Consolidated Government hereby assents to the assignment and grant of a first priority security interest made in the Assignment and hereby agrees that its obligations to make all payments under this Agreement shall be absolute and shall not be subject to any defense, except payment, or to any right of setoff, counterclaim, or recoupment arising out of any breach by the Authority of any obligation to the Consolidated Government, whether hereunder or otherwise, or arising out of any indebtedness or liability at any time owing to the Consolidated Government by the Authority. The Consolidated Government further agrees that all payments required to be made under this Agreement, except for those arising out of Unassigned Rights, shall be paid directly to the Bondholder for the account of the Authority. The Bondholder shall have all rights and remedies herein accorded to the Authority (except for Unassigned Rights), and any reference herein to the Authority shall be deemed, with the necessary changes in detail, to include the Bondholder, and the Bondholder is deemed to be and is a third party beneficiary of the representations, covenants, and agreements of the Consolidated Government herein contained. Upon reasonable and timely written notice from the Bondholder as to the required form, substance, timing, and place for filing, refiling, recording, or re-recording, or for taking possession of any collateral, the Consolidated Government shall file, refile, record, or re-record all financing statements, continuation statements, documents, and notices or deliver possession of any instrument or cash necessary to perfect and maintain any lien or security interest created by the Assignment for the benefit of the Bondholder as a first and preferred pledge, lien, encumbrance, and security interest in and to the property encumbered thereby. The Authority agrees that it will cooperate fully and will take any action required to assist the Consolidated Government in meeting the provisions of this Section 3.03. -16- 56620438.v2 Section 3.04. Warranty of Title. The Authority warrants that (a) the Consolidated Government will acquire good and marketable fee simple title to the Premises, (b) the Consolidated Government will be the legal and equitable owner of all Equipment and the Building and will have good and merchantable title to the Equipment, and (c) the Convention Center is and will be free from all Liens, adverse claims, security interests, and encumbrances. [End of Article III] -17- 56620438.v2 ARTICLE IV ISSUANCE OF THE BOND AND APPLICATION OF PROCEEDS Section 4.01. Agreement to Issue the Bond; Application of Proceeds. Promptly following the issuance and sale of the Bond, the Consolidated Government will convey the Convention Center to the Authority in consideration of the Authority’s agreement to issue the Bond in order to provide funds to pay a portion of the cost of refunding the Refunded Bonds. The Authority further agrees that it shall execute and deliver the Bond Purchase Agreement and sell and cause to be delivered to the Bond Buyer the Bond in the original principal amount of $10,850,000 and shall thereupon apply the proceeds of the sale of the Bond for the following purposes (but for no other purposes): (a) $__________ of the proceeds of the Bond, together with other lawfully available funds, to be paid to the 2010 Paying Agent for deposit into the 2010 Sinking Fund to pay the principal and premium of and interest on the Refunded Bonds on January __, 2021; (b) payment of any costs and expenses of issuing the Bond; and (c) all proceeds of the Bond remaining after application as provided in clauses (a) and (b) above to be used to pay interest on the Bond. [End of Article IV] -18- 56620438.v2 ARTICLE V INSTALLMENT PURCHASE PROVISIONS; NATURE OF OBLIGATIONS OF CONSOLIDATED GOVERNMENT Section 5.01. Term of Agreement. This Agreement shall become effective upon its delivery and shall be in full force and effect until midnight, October 1, 2029, subject to the provisions of this Agreement permitting earlier termination (including particularly Article VII hereof), or if all the Purchase Price and other amounts payable pursuant to Section 5.03 hereof have not been paid or retired, until such date as such payment shall have been made; provided, however, that the covenants and obligations expressed herein to so survive shall survive the termination of this Agreement, but in no event shall the term of this Agreement exceed fifty (50) years. Section 5.02. Delivery and Acceptance of Possession. The Authority agrees to deliver to the Consolidated Government sole and exclusive possession and use of the Convention Center promptly upon the date of execution and delivery of this Agreement, and the Consolidated Government will accept possession and use of the Convention Center upon such date. The Authority covenants and agrees that it shall not take any action to prevent the Consolidated Government from having quiet and peaceable possession and enjoyment of the Convention Center during the term of this Agreement and shall, at the request of the Consolidated Government and at the cost of the Consolidated Government, cooperate with the Consolidated Government in order that the Consolidated Government may have quiet and peaceable possession and enjoyment of the Convention Center. Section 5.03. Purchase Price and Other Amounts Payable. (a) Until the principal of, premium, if any, and interest on the Bond shall have been fully paid, the Consolidated Government shall pay the Purchase Price in installments and shall pay to the Bondholder for the account of the Authority as installments of Purchase Price, on or before April 1, 2021, and on or before each October 1 and April 1 thereafter, to and including October 1, 2029, a sum equal to the amount payable on such date as principal of, premium, if any, and interest on the Bond, as provided in the Bond Purchase Agreement. Each installment of Purchase Price under this Section due on an interest or principal payment date or redemption date until the Bond is fully paid shall in all events be sufficient to pay the total amount of interest, principal, redemption requirement, and premium, if any, payable on the Bond on the principal or interest payment date or on the redemption date. Any installment of Purchase Price not received by the Bondholder when due shall continue as an obligation of the Consolidated Government until paid and shall bear interest at the rate of interest on the Bond. (b) The Consolidated Government agrees to pay all reasonable out-of-pocket costs and expenses of the Authority incurred in connection with their negotiation, structuring, documenting, and closing the Bond, including, without limitation, the reasonable fees and disbursements of counsel for the Authority and Bond Counsel. The Consolidated Government agrees to pay all reasonable out-of-pocket costs and expenses of the Authority and the Bondholder incurred in connection with their administration or modification of, or in connection with the preservation of their rights under, enforcement of, or any refinancing, renegotiation, -19- 56620438.v2 restructuring, or termination of, any Bond Document or any instruments referred to therein or any amendment, waiver, or consent relating thereto, including, without limitation, the reasonable fees and disbursements of counsel for the Authority and counsel for the Bondholder. Such additional installments of Purchase Price shall be billed to the Consolidated Government by the Authority, the Bond Buyer, or the Bondholder from time to time, together with a statement certifying that the amount billed has been incurred or paid by such party for one or more of the above items. Amounts so billed shall be paid by the Consolidated Government within thirty (30) days after receipt of the bill by the Consolidated Government. (c) In the event the Consolidated Government shall fail to make any of the payments required in this Section 5.03, the item or installment so in default shall continue as an obligation of the Consolidated Government until the amount in default shall have been fully paid. Section 5.04. Place of Purchase Price Payments. The payments of Purchase Price provided for in Section 5.03(a) hereof shall be paid in lawful money of the United States of America directly to the Bondholder for the account of the Authority by the method and at the address specified for such purpose by the Bondholder in writing to the Consolidated Government. The payments of additional purchase price to be made to the Authority, the Bond Buyer, or the Bondholder pursuant to Section 5.03(b) hereof shall be paid directly to the Authority, the Bond Buyer, or the Bondholder for its own use. Section 5.05. Nature of Obligations of Consolidated Government Hereunder. (a) The obligations of the Consolidated Government to make the payments required in Section 5.03 hereof and other sections hereof and to perform and observe any and all of the other covenants and agreements on its part contained herein shall be a general obligation of the Consolidated Government and shall be absolute and unconditional irrespective of any defense or any rights of setoff, recoupment, or counterclaim, except payment, it may otherwise have against the Authority. The Consolidated Government agrees that it shall not (i) suspend, abate, reduce, abrogate, diminish, postpone, modify, or discontinue any payments provided for in Section 5.03 hereof; (ii) fail to observe any of its other agreements contained in this Agreement; or (iii) except as provided in Article VII hereof, terminate its obligations under this Agreement for any contingency, act of God, event, or cause whatsoever, including, without limiting the generality of the foregoing, failure of the Consolidated Government to occupy or to use the Convention Center as contemplated in this Agreement or otherwise; any change or delay in the time of availability of the Convention Center; any acts or circumstances that may impair or preclude the use or possession of the Convention Center; any defect in the title, design, operation, merchantability, fitness, or condition of the Convention Center or in the suitability of the Convention Center for the Consolidated Government’s purposes or needs; failure of consideration; any declaration or finding that the Bond is unenforceable or invalid; the invalidity of any provision of this Agreement; any acts or circumstances that may constitute an eviction or constructive eviction; destruction of or damage to the Convention Center; the taking by eminent domain of title to or the use of all or any part of the Convention Center; failure of the Authority’s title to the Convention Center or any part thereof; commercial frustration of purpose, any change in the tax or other laws of the United States of America or of the State or any political subdivision of either thereof or in the rules or regulations of any governmental authority; or any failure of the -20- 56620438.v2 Authority to perform and observe any agreement, whether express or implied, or any duty, liability, or obligation arising out of or connected with this Agreement. (b) Nothing contained in this Section 5.05 shall be construed to release the Authority from the performance of any of the agreements on its part herein contained. In the event the Authority should fail to perform any such agreement on its part, the Consolidated Government may institute such action against the Authority as the Consolidated Government may deem necessary to compel performance so long as such action does not abrogate the Consolidated Government’s obligations hereunder. The Authority hereby agrees that it shall not take or omit to take any action that would cause this Agreement to be terminated. The Consolidated Government may, however, at its own cost and expense and in its own name or in the name of the Authority, prosecute or defend any action or proceeding or take any other action involving third persons that the Consolidated Government deems reasonably necessary in order to secure or protect its right of possession, occupancy, and use hereunder, and in such event the Authority hereby agrees to cooperate fully with the Consolidated Government and to take all action necessary to effect the substitution of the Consolidated Government for the Authority in any such action or proceeding if the Consolidated Government shall so request. [End of Article V] -21- 56620438.v2 ARTICLE VI ADDITIONAL COVENANTS Section 6.01. No Warranty of Condition or Suitability by the Authority. THE AUTHORITY MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO THE HABITABILITY, MERCHANTABILITY, CONDITION, OR WORKMANSHIP OF ANY PART OF THE CONVENTION CENTER OR THAT THEY WILL BE SUITABLE FOR THE CONSOLIDATED GOVERNMENT’S PURPOSES OR NEEDS. Section 6.02. Indemnity. To the extent permitted by the statutes and Constitution of the State, the Consolidated Government shall protect, hold harmless, and indemnify the Authority and the Bondholder from and against any and all liability, obligations, losses, claims, and damages whatsoever, regardless of cause thereof, and expenses in connection therewith, including, without limitation, counsel fees and expenses, penalties, and interest arising out of or as the result of the entering into of the Bond Documents; the ownership of any item of the Convention Center; the ordering, acquisition, construction, use, operation, condition, purchase, delivery, rejection, storage, or return of any item of the Convention Center; or any accident in connection with the construction, operation, use, condition, possession, storage, or return of any item of the Convention Center resulting in damage to property or injury to or death of any person. The indemnification arising under this Section shall continue in full force and effect notwithstanding the full payment of all obligations under this Agreement and shall survive the termination of this Agreement for any reason. Section 6.03. Financial Statements. During the term of this Agreement, the Consolidated Government will provide in an electronic format and accessible to the Authority and the Bondholder either on the Consolidated Government’s official website (which is currently available at www.augustaga.gov) or on the Electronic Municipal Market Access system of the MSRB (which is currently available at http://emma.msrb.org) not later than 270 days after the end of each Fiscal Year, the audited financial statements of the Consolidated Government for such Fiscal Year; provided, however, if the time for providing the audited financial statements of the Consolidated Government for any such Fiscal Year to the state auditor of the State is extended beyond 270 days by operation of law or order of any court or governmental agency or body having jurisdiction over the Consolidated Government, then the Consolidated Government will provide such audited financial statements to the Authority and the the Bondholder as provided in this Section 6.03 within 30 days of their availability. [End of Article VI] -22- 56620438.v2 ARTICLE VII ASSIGNMENT; PURCHASE PRICE PREPAYMENTS Section 7.01. No Assignment by Consolidated Government. Neither this Agreement nor its obligations under this Agreement may be sold, assigned, or encumbered by the Consolidated Government without the prior written consent of the Authority and the Bondholder. Section 7.02. Redemption of Bond. The Authority, at the written request of the Consolidated Government at any time and if the Bond is then callable or available for purchase, and if there are funds available therefor, shall forthwith take all steps that may be necessary under the applicable redemption or purchase provisions of the Bond Purchase Agreement to effect redemption or purchase of all or part of the then outstanding Bond, as may be specified by the Consolidated Government, on the earliest date on which such redemption or purchase may be made under such applicable provisions. Section 7.03. Prepayment of Purchase Price. There is expressly reserved to the Consolidated Government the right, and the Consolidated Government is authorized and permitted, at any time it may choose, to prepay all or any part of the Purchase Price and other amounts payable under Section 5.03 hereof, and the Authority agrees that the Bondholder may accept such prepayments of Purchase Price and other amounts when the same are tendered by the Consolidated Government. All Purchase Price and other amounts so prepaid shall at the written direction of the Consolidated Government be credited toward the Purchase Price and other amounts specified in Section 5.03 hereof, in the order of their due dates, or applied to the retirement of the Bond prior to maturity (either by redemption or purchase) in accordance with the Bond Purchase Agreement and the Bond. Section 7.04. Option to Prepay the Purchase Price and Redeem the Bond at Prior Optional Redemption Dates. The Consolidated Government shall also have the option to prepay Purchase Price and other amounts payable under this Agreement in such manner and amounts as will enable the Authority to redeem the Bond prior to maturity, in whole or in part on any date, as provided in Section 6.1 of the Bond Purchase Agreement. The Purchase Price and other amounts payable by the Consolidated Government in the event of its exercise of the option granted under this Section shall be (i), in the case of partial redemption, the amount necessary to pay principal, all interest to accrue to the redemption date, the applicable redemption premium, as provided in Section 6.1 of the Bond Purchase Agreement, and any redemption expense, and (ii) in the case of a total redemption, the amount necessary to pay and satisfy all amounts due under the Bond Documents. [End of Article VII] -23- 56620438.v2 ARTICLE VIII EVENTS OF DEFAULT AND REMEDIES Section 8.01. Events of Default Defined. The following shall be “Events of Default” under this Agreement, and the terms “Event of Default” or “Default” shall mean, whenever they are used in this Agreement, any one or more of the following events: (a) The Consolidated Government’s failure to pay the amounts required to be paid under Section 5.03 of this Agreement at the times specified therein. (b) Any representation or warranty made by the Consolidated Government in this Agreement was untrue in any material respect when made. (c) The Consolidated Government’s failure to observe, perform, or comply with any covenant, condition, or agreement in this Agreement on the part of the Consolidated Government to be observed or performed, other than as referred to in subsection (a) of this Section 8.01, for a period of thirty (30) days after written notice specifying such failure and requesting that it be remedied, given to the Consolidated Government by the Authority or the Bondholder, unless the Bondholder shall agree in writing to an extension of such time prior to its expiration. In the case of any such default that cannot with due diligence be cured within such thirty (30) day period but can be wholly cured within a period of time not materially detrimental to the rights of the Authority and the Bondholder, to be determined conclusively by the Bondholder, it shall not constitute an Event of Default if corrective action is instituted by the Consolidated Government within the applicable period and diligently pursued until the breach or default is corrected in accordance with and subject to any directions or limitations of time established in writing by the Bondholder. (d) The Consolidated Government shall (i) apply for or consent to the appointment of or the taking of possession by a receiver, custodian, trustee, or liquidator of it or of all or a substantial part of its property; (ii) enter into an agreement of composition with its creditors; (iii) admit in writing its inability to pay its debts as such debts become due; (iv) make a general assignment for the benefit of its creditors; (v) commence a voluntary case under the federal bankruptcy law (as now or hereafter in effect); (vi) file a petition or answer seeking to take advantage of any other law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or adjustment of debts; (vii) fail to controvert in a timely or appropriate manner or acquiesce in writing to any petition filed against it in an involuntary case under such federal bankruptcy law; or (viii) take any action for the purpose of effecting any of the foregoing. (e) A proceeding or case shall be commenced, without the application of the Consolidated Government, in any court of competent jurisdiction, seeking (i) the liquidation, reorganization, dissolution, winding-up, or composition or adjustment of debts of the Consolidated Government; (ii) the appointment of a trustee, receiver, custodian, liquidator, or the like of the Consolidated Government or of all or any -24- 56620438.v2 substantial part of the assets of it; or (iii) similar relief in respect of the Consolidated Government under any law relating to bankruptcy, insolvency, reorganization, winding-up, or composition and adjustment of debts, and such proceeding or case shall continue undismissed or an order, judgment, or decree approving or ordering any of the foregoing shall be entered and shall continue unvacated and unstayed and in effect for a period of sixty (60) days, whether consecutive or not. Section 8.02. Remedies on Default. Whenever any Event of Default referred to in Section 8.01 hereof shall have happened and be continuing, the Authority, in its discretion, may exercise any one or more of the following remedies: (a) The Authority may have access to and inspect, examine, and make copies of the books and records and any and all accounts and similar data of the Consolidated Government. (b) The Authority may from time to time take whatever action at law or in equity or under the terms of this Agreement may appear necessary or desirable to collect the Purchase Price and other amounts payable by the Consolidated Government hereunder then due or thereafter to become due, or to enforce performance and observance of any obligation, agreement, or covenant of the Consolidated Government under this Agreement. No action taken pursuant to this Section 8.02 shall relieve the Consolidated Government from its obligations pursuant to Section 5.03 hereof, all of which shall survive any such action, and the Authority may take whatever action at law or in equity as may appear necessary and desirable to collect the Purchase Price and other amounts then due and thereafter to become due or to enforce the performance and observance of any obligation, agreement, or covenant of the Consolidated Government hereunder. Section 8.03. No Remedy Exclusive. No remedy herein conferred upon or reserved to the Authority is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Authority to exercise any remedy reserved to it in this Article VIII, it shall not be necessary to give any notice, other than such notice as may be herein expressly required. Such rights and remedies as are given the Authority hereunder shall also extend to the Bondholder, and the Bondholder shall be deemed a third party beneficiary of all covenants and agreements herein contained. Section 8.04. Agreement to Pay Fees and Expenses. Upon the occurrence of an Event of Default under any of the provisions of this Agreement and the Authority or the Bondholder should employ attorneys, accountants, or other experts or incur other expenses for the collection of Purchase Price and other amounts due hereunder or the enforcement of performance or observance of any obligation or agreement on the part of the Consolidated Government herein -25- 56620438.v2 contained, the Consolidated Government agrees that it shall on demand therefor pay to the Authority or to the Bondholder for the account of the Authority the reasonable fees of such attorneys, accountants, or other experts and such other expenses so incurred by the Authority or the Bondholder. Any attorneys’ fees required to be paid by the Consolidated Government under this Agreement shall include attorneys’ and paralegals’ fees through all proceedings, including, but not limited to, negotiations, administrative hearings, trials, and appeals. Section 8.05. Waiver of Events of Default. The Authority may waive any Event of Default hereunder and its consequences. In case of any such waiver, or in case any proceeding taken by the Authority or the Bondholder on account of any such Event of Default shall be discontinued or abandoned or determined adversely to the Authority or the Bondholder, then and in every such case the Authority and the Consolidated Government shall be restored to their former position and rights hereunder, but no such waiver or rescission shall extend to or affect any subsequent or other Event of Default or impair or exhaust any right, power, or remedy consequent thereon. No consent or waiver, express or implied, to or of any breach or default in the performance of any obligation hereunder shall constitute a consent or waiver to or of any other breach or default in the performance of the same or any other obligation. [End of Article VIII] -26- 56620438.v2 ARTICLE IX MISCELLANEOUS Section 9.01. Notices. All notices, certificates, and other communications provided for hereunder shall be in writing and sent (a) by telecopy or other electronic means if the sender on the same day sends a confirming copy of such notice by a recognized overnight delivery service (charges prepaid), or (b) by registered or certified mail with return receipt requested (postage prepaid), or (c) by a recognized overnight delivery service (with charges prepaid). Any such notice must be sent to any party hereto at the following addresses or to such other address as any party hereto shall have specified in writing to the other party: If to the Authority: Augusta-Richmond County Coliseum Authority 601 Seventh Street Augusta, Georgia 30901 Attention: Chairman with a copy to: Augusta, Georgia 535 Telfair Street, Suite 800 Augusta, Georgia 30901 Attention: Finance Director and a copy to: Ed Enoch, Esq. Enoch Tarver, PC 3540 Wheeler Road, Suite 312 Augusta, Georgia 30909 If to the Consolidated Government: Augusta, Georgia 535 Telfair Street, Suite 910 Augusta, Georgia 30901 Attention: Administrator with a copy to: Augusta, Georgia 535 Telfair Street, Suite 800 Augusta, Georgia 30901 Attention: Finance Director If to the Bondholder: Key Government Finance, Inc. 1000 South McCaslin Blvd. Superior, Colorado 80027 Attention: _______________ Notices under this Section 9.01 will be deemed given only when actually received. A duplicate copy of each notice, certificate, or other communication given hereunder shall also be given to the Bondholder. -27- 56620438.v2 Section 9.02. Construction and Binding Effect. This Agreement constitutes the entire agreement of the parties and supersedes any prior agreements. This Agreement shall inure to the benefit of and shall be binding upon the Authority, the Consolidated Government, and their respective successors and assigns, subject, however, to the limitations contained in Section 7.01 hereof. Section 9.03. Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section 9.04. Amendments, Changes, and Modifications. This Agreement may not be amended, changed, modified, altered, or terminated, and the observance of any term hereof may not be waived, without the prior written consent of the Bondholder. Section 9.05. Execution of Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Section 9.06. Law Governing Construction of this Agreement. This Agreement is prepared and entered into with the intention that the law of the State, exclusive of such state’s rules governing choice of law, shall govern its construction. Section 9.07. Immunity of Officials, Officers, and Employees of Authority and Consolidated Government. No recourse shall be had for the enforcement of any obligation, covenant, promise, or agreement of the Authority or the Consolidated Government contained in this Agreement or for any claim based hereon or otherwise in respect hereof against any member of a Governing Body, officer, or employee, as such, in his individual capacity, past, present, or future, of the Authority, the Consolidated Government, or any successor body, whether by virtue of any constitutional provision, statute, or rule of law, or by the enforcement of any assessment or penalty or otherwise, it being expressly agreed and understood that this Agreement is solely a corporate obligation of the Consolidated Government and the Authority payable only from the funds and assets of the Consolidated Government and the Authority herein specifically provided to be subject to such obligation and that no personal liability whatsoever shall attach to, or be incurred by, any member of a Governing Body, officer, or employee, as such, past, present, or future, of the Consolidated Government or the Authority, or of any successor corporation, either directly or through the Consolidated Government, the Authority, or any successor corporation, under or by reason of any of the obligations, covenants, promises, or agreements entered into between the Authority and the Consolidated Government whether contained in this Agreement or in the other Bond Documents or to be implied herefrom or therefrom as being supplemental hereto or thereto, and that all personal liability of that character against every such member of a Governing Body, officer, and employee is, by the execution of this Agreement and as a condition of and as part of the consideration for the execution of this Agreement, expressly waived and released. The immunity of members of a Governing Body, officers, and employees of the Authority and the Consolidated Government under the provisions contained in this Section 9.07 shall survive the conveyance of the Convention Center and the termination of this Agreement. -28- 56620438.v2 [End of Article IX] -29- 56620438.v2 SIGNATURES AND SEALS IN WITNESS WHEREOF, the Authority has executed this Agreement by causing its name to be hereunto subscribed by its Chairman and by causing the official seal of the Authority to be impressed hereon and attested by its Secretary; and the Consolidated Government has executed this Agreement by causing its name to be hereunto subscribed by its Mayor and by causing the official seal of the Consolidated Government to be impressed hereon and attested by its Clerk of Commission; all being done as of the day and year first above written. (SEAL) AUGUSTA-RICHMOND COUNTY COLISEUM AUTHORITY By: Chairman Attest: Secretary (SEAL) AUGUSTA, GEORGIA By: Mayor Attest: Clerk of Commission 56620438.v2 EXHIBIT A DESCRIPTION OF PREMISES [Attached] 56620438.v2 EXHIBIT B DESCRIPTION OF EQUIPMENT All fixtures, equipment, furnishings, and other personal property relating to the Convention Center that are to be acquired with the proceeds of the Bond. 56750879.v1 AUTHORIZING RESOLUTION WHEREAS, the Augusta-Richmond County Coliseum Authority (the “Authority”) currently owns and operates an existing multi-use coliseum and civic center type facility, known as the “Augusta Entertainment Complex,” consisting of the James Brown Arena, the William B. Bell Auditorium, exhibition space, and meeting rooms (as it now exists and as it may be hereafter added to, extended, improved, and equipped, the “Coliseum”), located in Augusta, Georgia; and WHEREAS, the Authority, pursuant to a Master Bond Resolution adopted on July 6, 2010, as supplemented by a Supplemental Series 2010 Bond Resolution adopted on August 20, 2010 (the “2010 Resolution”), authorized, issued, and delivered $22,120,000 in original aggregate principal amount of its Revenue Bonds (Coliseum and TEE Center Project), Series 2010, presently outstanding in the aggregate principal amount of $13,335,000 (the “Refunded Bonds”), for the purpose of financing (1) the costs of acquiring, constructing, and installing certain capital improvements to the Coliseum (the “2010 Project”), and (2) a portion of the costs of acquiring, constructing, and installing a new multi-use coliseum and civic center type facility known as the “Augusta Convention Center”; and WHEREAS, pursuant to Sections 7.02 and 7.04 of the Intergovernmental Service Agreement (the “2010 Service Contract”), dated as of August 1, 2010, between the Authority and Augusta, Georgia (the “Consolidated Government”), and pursuant to Sections 7.02 and 7.04 of the Agreement of Sale (the “2010 Sale Contract”), dated as of August 1, 2010, between the Authority and the Consolidated Government, the Consolidated Government desires to exercise its option to prepay in full the amounts due under the 2010 Service Contract and the 2010 Sale Contract (collectively the “2010 Contracts”) and accordingly has requested the Authority to take all steps that may be necessary under the applicable redemption provisions of the 2010 Resolution to effect the redemption of all of the Refunded Bonds in order to achieve debt service savings; and WHEREAS, the Authority has completed the initial phases for planning and development of a replacement facility for all or part of the Coliseum, which included project planning, feasibility analysis, and schematic design, and the Authority now desires to undertake the next phase for such planning and development, consisting generally, without limitation, of architectural and engineering services, project and design management services, pre-construction services, and initial site work (the “2021 Project”); and WHEREAS, in furtherance of the purposes for which it was created, the Authority proposes to issue, sell, and deliver its revenue bond to be known as “Augusta-Richmond County Coliseum Authority Revenue Bond (Augusta Entertainment Complex Project), Series 2021,” in the original principal amount of $10,945,000 (the “Bond”), for the purpose of obtaining funds (1) to pay a portion of the cost of refunding the Refunded Bonds, in order to refinance the 2010 Project, (2) to finance the 2021 Project, and (3) to pay related costs and necessary expenses incidental thereto; and -2- 56750879.v1 WHEREAS, Article IX, Section III, Paragraph I of the Constitution of the State of Georgia of 1983 authorizes the Consolidated Government to contract for any period not exceeding fifty years with any public corporation or public authority for joint services, for the provision of services, or for the joint or separate use of facilities or equipment, if such contract deals with activities, services, or facilities that the contracting parties are authorized by law to undertake or provide; and WHEREAS, Section 36-34-3 of the Official Code of Georgia Annotated authorizes the Consolidated Government to acquire, own, and operate buildings used or useful for housing fairs and exhibits, buildings for educational purposes, and buildings used or useful for public amusement purposes, together with facilities or buildings used for any combination of the above; and WHEREAS, in consideration for the Authority’s continued operation of the Coliseum for the use and benefit of the residents of the Consolidated Government, the Consolidated Government proposes to enter into an Intergovernmental Service Agreement (the “Service Agreement”), to be dated as of the first day of the month of its execution and delivery, under the terms of which the Consolidated Government (1) will agree to make payments to the Authority in amounts sufficient to enable the Authority to pay the principal of, premium, if any, and interest on the Bond when due, and (2) will agree to levy an annual ad valorem tax on all taxable property located within the territorial limits of the Consolidated Government, at such rate or rates, within the mill limit prescribed by an amendment to Article VII, Section I, Paragraph II of the Constitution of the State of Georgia of 1945 (1980 Ga. Laws 2177 to 2180, inclusive), now specifically continued as a part of the Constitution of the State of Georgia of 1983 pursuant to an Act of the General Assembly of the State of Georgia (1983 Ga. Laws 3870 to 3872, inclusive), or within such greater millage as may hereafter be prescribed by applicable law, as may be necessary to produce in each year revenues that are sufficient to fulfill the Consolidated Government’s obligations under the Contract; and WHEREAS, the Authority will sell the Bond at private sale to ZMFU II, Inc., a wholly owned subsidiary of Zions Bancorporation, N.A. (the “Bond Buyer”), pursuant to a Bond Purchase Agreement, to be dated the date of its execution and delivery, between the Authority and the Bond Buyer; and WHEREAS, pursuant to the terms of an Assignment and Security Agreement, to be dated as of the first day of the month of its execution and delivery, between the Authority and the Bond Buyer, the Authority will pledge the amounts received from the Consolidated Government under the Contract as security for payment of the Bond; and WHEREAS, after careful study and investigation, the Consolidated Government desires to enter into the Contract; NOW, THEREFORE, BE IT RESOLVED by the Augusta-Richmond County Commission (the “Commission”) as follows: 1. The form, terms, and conditions and the execution, delivery, and performance of the Contract, which has been filed with the Consolidated Government, are hereby approved and -3- 56750879.v1 authorized. The Contract shall be in substantially the form submitted to the Commission with such changes, corrections, deletions, insertions, variations, additions, or omissions as may be approved by the General Counsel of the Consolidated Government, whose approval thereof shall be conclusively evidenced by the execution of the Contract. 2. The Mayor of the Consolidated Government is hereby authorized and directed to execute on behalf of the Consolidated Government the Contract, and the Clerk of Commission of the Consolidated Government is hereby authorized and directed to affix thereto and attest the seal of the Consolidated Government, upon proper execution and delivery of the other parties thereto, provided, that in no event shall any such attestation or affixation of the seal of the Consolidated Government be required as a prerequisite to the effectiveness thereof, and the Mayor and Clerk of Commission of the Consolidated Government are authorized and directed to deliver the Contract on behalf of the Consolidated Government to the other party thereto, and to execute and deliver all such other contracts, instruments, documents, affidavits, or certificates (including, without limitation, in connection with the redemption of the Refunded Bonds and the validation of the Bond in the manner provided by law) and to do and perform all such things and acts as each shall deem necessary or appropriate in furtherance of the issuance of the Bond and the carrying out of the transactions authorized by this Resolution or contemplated by the instruments and documents referred to in this Resolution. In the absence of the Mayor, the Mayor Pro Tempore may take any action, or execute and deliver any document, agreement, or other writing, which the Mayor is authorized to execute and deliver pursuant to this Resolution. An Assistant or Deputy Clerk of Commission may attest any execution of any document, agreement, or writing by the Mayor or the Mayor Pro Tempore, in the same manner as the Clerk of Commission would be authorized to attest any such execution. 3. In order to effect the refunding of the Refunded Bonds, the Consolidated Government hereby requests, and hereby ratifies, confirms, and approves all prior action taken to request, pursuant to Sections 7.02 and 7.04 of the Prior Contracts, that the Authority take all steps that may be proper and necessary under the 2010 Resolution to effect the redemption of all of the Refunded Bonds on January 28, 2021 or such other date as may be specified by the Chairman of the Authority in a written notice to The Bank of New York Mellon Trust Company, N.A., as paying agent for the Refunded Bonds pursuant to the 2010 Resolution (the “Redemption Date”), but only if funds for their redemption are on deposit at the place of redemption on the Redemption Date, at a redemption price of 100.0% of the principal amount outstanding thereof plus accrued interest thereon to the date of redemption. 4. This Resolution and the Agreements, as approved by this Resolution, which are hereby incorporated in this Resolution by this reference thereto, shall be placed on file at the office of the Consolidated Government and made available for public inspection by any interested party immediately following the passage and approval of this Resolution. -4- 56750879.v1 PASSED, ADOPTED, SIGNED, APPROVED, AND EFFECTIVE this 5th day of January 2021. (SEAL) AUGUSTA, GEORGIA By: Mayor Attest: Clerk of Commission 56750879.v1 CLERK OF COMMISSION’S CERTIFICATE I, LENA J. BONNER, the duly appointed, qualified, and acting Clerk of Commission of Augusta, Georgia (the “Consolidated Government”), DO HEREBY CERTIFY that the foregoing pages of typewritten matter constitute a true and correct copy of a resolution adopted on January 5, 2020, by the Augusta-Richmond County Commission (the “Commission”) in a meeting duly called and assembled in accordance with applicable laws and with the procedures of the Consolidated Government, by a vote of _____Yea and _____ Nay, which meeting was open to the public and at which a quorum was present and acting throughout, and that the original of the foregoing resolution appears of public record in the Minute Book of the Commission, which is in my custody and control. GIVEN under my hand and the seal of the Consolidated Government, this 5th day of January 2021. (SEAL) Clerk of Commission 56627166.v2 AUGUSTA-RICHMOND COUNTY COLISEUM AUTHORITY (a public corporation created and existing under the laws of the State of Georgia) and AUGUSTA, GEORGIA (a political subdivision created and existing under the laws of the State of Georgia) INTERGOVERNMENTAL SERVICE AGREEMENT Dated as of January 1, 2021 THE RIGHTS AND INTEREST OF THE AUGUSTA-RICHMOND COUNTY COLISEUM AUTHORITY IN THIS INTERGOVERNMENTAL SERVICE AGREEMENT AND THE REVENUES AND RECEIPTS DERIVED HEREFROM, EXCEPT FOR ITS UNASSIGNED RIGHTS, AS DEFINED HEREIN, HAVE BEEN ASSIGNED AND ARE THE SUBJECT OF A GRANT OF A SECURITY INTEREST TO ZMFU II, INC., UNDER AN ASSIGNMENT AND SECURITY AGREEMENT DATED THE DATE HEREOF. (i) 56627166.v2 INTERGOVERNMENTAL SERVICE AGREEMENT TABLE OF CONTENTS (This Table of Contents is not a part of this Agreement and is only for convenience of reference.) Page ARTICLE I DEFINITIONS AND OTHER PROVISIONS OF GENERAL APPLICATION.............................................................................................. 2 Section 1.01. Definitions ................................................................................................. 2 Section 1.02. Construction of Certain Terms............................................................... 5 Section 1.03. Table of Contents; Titles and Headings ................................................. 6 Section 1.04. Contents of Certificates or Opinions ...................................................... 6 ARTICLE II REPRESENTATIONS AND UNDERTAKINGS ....................................... 8 Section 2.01. Representations by the Authority ........................................................... 8 Section 2.02. Representations by the Consolidated Government ............................ 11 Section 2.03. Reliance by Bondholder ........................................................................ 13 ARTICLE III TITLE; SECURITY .................................................................................... 15 Section 3.01. Title to Coliseum .................................................................................... 15 Section 3.02. Security for Payments under this Agreement ..................................... 15 Section 3.03. Security for the Bond; Perfection ......................................................... 17 ARTICLE IV THE 2021 PROJECT; ISSUANCE OF THE BOND; PROJECT FUND ............................................................................................................ 19 Section 4.01. Agreement to Undertake the 2021 Project .......................................... 19 Section 4.02. Agreement to Issue the Bond; Application of Proceeds ..................... 19 Section 4.03. Application of Moneys in the Project Fund ......................................... 19 Section 4.04. Disbursements from the Project Fund ................................................. 19 Section 4.05. Obligation of the Parties to Cooperate in Furnishing Documents; Reliance of the Depository..................................................................... 20 Section 4.06. Authorized Consolidated Government and Authority Representatives and Successors ............................................................ 20 Section 4.07. Investment of Project Fund ................................................................... 20 ARTICLE V TERM; AUTHORITY OWNERSHIP OF PROJECT; NATURE OF OBLIGATIONS OF CONSOLIDATED GOVERNMENT..................... 22 Section 5.01. Term of Agreement ................................................................................ 22 Section 5.02. Consolidated Government’s Payment Obligations ............................. 22 Section 5.03. Place of Payments .................................................................................. 23 Section 5.04. Nature of Obligations of Consolidated Government Hereunder ...... 23 ARTICLE VI ADDITIONAL COVENANTS ................................................................... 25 Section 6.01. Indemnity ................................................................................................ 25 Section 6.02. Financial Statements .............................................................................. 25 Page (ii) 56627166.v2 Section 6.03. Special Investment Covenants .............................................................. 25 Section 6.04. Calculation and Payment of Rebate Amount ...................................... 25 Section 6.05. Tax Covenants ........................................................................................ 26 ARTICLE VII ASSIGNMENT; PREPAYMENTS ............................................................ 27 Section 7.01. No Assignment by Consolidated Government .................................... 27 Section 7.02. Redemption of Bond .............................................................................. 27 Section 7.03. Prepayment ............................................................................................. 27 Section 7.04. Option to Prepay and Redeem the Bond at Prior Optional Redemption Dates .................................................................................. 27 ARTICLE VIII EVENTS OF DEFAULT AND REMEDIES ............................................. 28 Section 8.01. Events of Default Defined ...................................................................... 28 Section 8.02. Remedies on Default .............................................................................. 29 Section 8.03. No Remedy Exclusive ............................................................................ 29 Section 8.04. Agreement to Pay Fees and Expenses .................................................. 29 Section 8.05. Waiver of Events of Default .................................................................. 29 ARTICLE IX MISCELLANEOUS .................................................................................... 31 Section 9.01. Notices ..................................................................................................... 31 Section 9.02. Construction and Binding Effect .......................................................... 32 Section 9.03. Severability ............................................................................................. 32 Section 9.04. Amounts Remaining in Funds .............................................................. 32 Section 9.05. Amendments, Changes, and Modifications ......................................... 32 Section 9.06. Execution of Counterparts .................................................................... 32 Section 9.07. Law Governing Construction of this Agreement ................................ 32 Section 9.08. Immunity of Officials, Officers, and Employees of Authority and Consolidated Government..................................................................... 32 SIGNATURES AND SEALS .................................................................................................... 34 EXHIBIT A - DOCUMENTATION PURSUANT TO SECTION 2.02(J) ....................... A-1 56627166.v2 INTERGOVERNMENTAL SERVICE AGREEMENT This INTERGOVERNMENTAL SERVICE AGREEMENT, dated as of January 1, 2021, by and between the Augusta-Richmond County Coliseum Authority (the “Authority”), a public corporation created and existing under the laws of the State of Georgia, and Augusta, Georgia (the “Consolidated Government”), a political subdivision created and existing under the laws of the State of Georgia; W I T N E S S E T H: WHEREAS, the Authority and the Consolidated Government are authorized under the Constitution and statutes of the State of Georgia to enter into this Agreement for the purposes set forth herein; NOW, THEREFORE, for and in consideration of the promises and covenants hereinafter contained, the parties hereby agree as follows: -2- 56627166.v2 ARTICLE I DEFINITIONS AND OTHER PROVISIONS OF GENERAL APPLICATION Section 1.01. Definitions. Certain words and terms used in this Agreement are defined herein. When used herein, such words and terms shall have the meanings given to them by the language employed in this Article I defining such words and terms, unless the context clearly indicates otherwise. In addition to the words and terms defined elsewhere herein, the following words and terms are defined terms under this Agreement: “Act” means an Act of the General Assembly of the State of Georgia entitled the “Augusta-Richmond County Coliseum Authority Act” (1973 Ga. Laws 3042 to 3059, inclusive), as amended by Acts of the General Assembly of the State of Georgia (1974 Ga. Laws 3207 to 3211, inclusive, 1975 Ga. Laws 4681 to 4687, inclusive, 1977 Ga. Laws 3300 to 3303, inclusive, 1978 Ga. Laws 4673 to 4675, inclusive, 1993 Ga. Laws 4087 to 4091, inclusive, 2009 Ga. Laws 3873 to 3877, inclusive, and 2012 Ga. Laws 5205 to 5206, inclusive), as the same may be from time to time supplemented and amended. “Additional Contract” means a contract or supplemental agreement entered into after the date hereof binding the Consolidated Government pursuant to Article IX, Section III, Paragraph I of the Constitution of the State of Georgia of 1983, pursuant to the terms of which a payment obligation is created or expanded from the Consolidated Government to the other party to such contract. “Agreement” means the within Intergovernmental Service Agreement between the Authority and the Consolidated Government, as the same may be amended from time to time in accordance with the provisions hereof. “Assignment” means the Assignment and Security Agreement, dated the date hereof, between the Authority and the Bond Buyer, under the terms of which the Authority assigned and pledged, and granted a first priority security interest in, its right, title, and interest in this Agreement (except Unassigned Rights) to the Bond Buyer, as security for the payment of principal of, premium, if any, and interest on the Bond. The term Assignment shall include any amendments or supplements thereto. “Authority” means the Augusta-Richmond County Coliseum Authority, a public corporation created and existing under the laws of the State, the party of the first part hereto, and its successors and assigns. “Authorized Authority Representative” means the person at the time designated to act on behalf of the Authority by written certificate furnished to the Consolidated Government and the Depository, containing the specimen signature of such person and signed on behalf of the Authority by the Chairman or Vice Chairman of its Governing Body. Such certificate or any subsequent or supplemental certificate so executed may designate an alternate or alternates. “Authorized Consolidated Government Representative” means the person at the time designated to act on behalf of the Consolidated Government by written certificate furnished to the Authority and the Depository, containing the specimen signature of such person and signed -3- 56627166.v2 on behalf of the Consolidated Government by its Mayor. Such certificate or any subsequent or supplemental certificate so executed may designate an alternate or alternates. “Bond” means the revenue bond designated “Augusta-Richmond County Coliseum Authority Revenue Bond (Augusta Entertainment Complex Project), Series 2021,” dated the date of its delivery, in the original principal amount of $10,945,000, to be issued pursuant to the Bond Purchase Agreement, and any bond issued in substitution or exchange therefor. “Bond Buyer” means ZMFU II, Inc., Salt Lake City, Utah, and its successors and assigns. “Bond Documents” means, collectively, this Agreement, the Assignment, the Bond, and the Bond Purchase Agreement. “Bond Purchase Agreement” means the Bond Purchase Agreement, dated the date of its execution and delivery, between the Authority and the Bond Buyer, under the terms of which the Authority agreed to issue and sell the Bond to the Bond Buyer and the Bond Buyer agreed to purchase the Bond from the Authority. The term Bond Purchase Agreement shall include any amendments or supplements thereto. “Bond Resolution” means the resolution or resolutions adopted by the Governing Body of the Authority authorizing the issuance and sale of the Bond and the security therefor. “Bondholder” means the Person in whose name the Bond is registered on the bond registration books kept and maintained by the Authority. “Code” means the Internal Revenue Code of 1986, as amended. “Coliseum” means the existing multi-use coliseum and civic center type facility, known as the “Augusta Entertainment Complex,” consisting of the James Brown Arena, the William B. Bell Auditorium, exhibition space, and meeting rooms, as it now exists and as it may be hereafter added to, extended, improved, and equipped. “Consolidated Government” means Augusta, Georgia, a political subdivision created and existing under the laws of the State, the party of the second part hereto, and its successors and assigns. “Constitutional Amendment” means an amendment to Article VII, Section I, Paragraph II of the Constitution of the State of Georgia of 1945 (1980 Ga. Laws 2177 to 2180, inclusive), now specifically continued as a part of the Constitution of the State of Georgia of 1983 pursuant to an Act of the General Assembly of the State of Georgia (1983 Ga. Laws 3870 to 3872, inclusive). “Contracts” means this Agreement, the Sale Agreement, the Prior Contracts, and all Additional Contracts. “Depository” means initially South State Bank, Augusta, Georgia, and its successors and assigns, or any successor depository for the Project Fund hereafter appointed by the Authority at -4- 56627166.v2 the direction of the Consolidated Government; provided, however, the Depository shall at all times be a commercial bank. “Event of Default” means any event specified in Section 8.01 of this Agreement. “Fiscal Year” means any period of twelve consecutive months adopted by the Consolidated Government as its fiscal year for financial reporting purposes and shall initially mean the period beginning on January 1 of each calendar year and ending on December 31 of the same calendar year. “Governing Body” means, in the case of the Authority, its members and, in the case of the Consolidated Government, the Augusta-Richmond County Commission. “Lien” means any mortgage or pledge of or security interest in or lien, charge, or encumbrance on the Coliseum. “Permitted Investments” means the obligations in which the Authority is permitted to invest proceeds of the Bond pursuant to applicable law. “Person” means natural persons, firms, joint ventures, associations, trusts, partnerships, corporations, limited liability companies, and public bodies. “Prior Contracts” means, collectively, the Intergovernmental Contract, dated as of December 7, 2010, between the Solid Waste Management Authority of Augusta and the Consolidated Government; the Intergovernmental Agreement, dated as of August 1, 2014, between the Urban Redevelopment Agency of Augusta and the Consolidated Government; the Agreement of Sale, dated as of July 1, 2017, as amended by the First Amendment to Agreement of Sale, dated as of July 1, 2018, between the Urban Redevelopment Agency of Augusta and the Consolidated Government; the Intergovernmental Redevelopment Agreement, dated as of May 1, 2018, between the Urban Redevelopment Agency of Augusta and the Consolidated Government; and the Intergovernmental Service Agreement, dated as of September 1, 2020, between the Urban Redevelopment Agency of Augusta and the Consolidated Government as the same may be supplemented and amended from time to time in accordance with the provisions thereof. “Project Fund” means the Project Fund created in Section 5.1 of the Bond Purchase Agreement and referred to herein. “Rebate Amount” means the rebatable arbitrage in connection with the Bond, which is payable to the United States Treasury pursuant to Section 148(f) of the Code and any Regulations proposed or promulgated in connection therewith. “Rebate Calculator” means any nationally recognized bond counsel, nationally recognized firm of certified public accountants, or other firm acceptable to the Bondholder, which is expert in making the calculations required by Section 148(f) of the Code, appointed by the Consolidated Government pursuant to Section 6.04 hereof to make the calculations required by Section 148(f) of the Code and any Regulations proposed or promulgated in connection therewith. -5- 56627166.v2 “Refunded Bonds” means the revenue bonds designated “Augusta-Richmond County Coliseum Authority Revenue Bonds (Coliseum and TEE Center Project), Series 2010,” maturing on October 1, 2021 and thereafter, presently outstanding in the aggregate principal amount of $13,335,000. “Regulations” means the Treasury Regulations promulgated under and pursuant to the Code. “Revenue Bond Law” means Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, entitled the “Revenue Bond Law,” as amended. “Sale Agreement” means the Agreement of Sale, dated as of January 1, 2021, by and between the Consolidated Government and the Authority, as the same may be supplemented and amended from time to time in accordance with the provisions thereof. “State” means the State of Georgia. “2010 Project” means the capital improvements to the Coliseum that were financed with proceeds of the Refunded Bonds. “2010 Paying Agent” means The Bank of New York Mellon Trust Company, N.A., as paying agent, bond registrar, and sinking fund custodian for the Refunded Bonds pursuant to the 2010 Resolution. “2010 Resolution” means the Master Bond Resolution adopted on July 6, 2010, as supplemented by a Supplemental Series 2010 Bond Resolution adopted on August 20, 2010, pursuant to which the Refunded Bonds were issued. “2010 Sinking Fund” means the Sinking Fund created in the 2010 Resolution. “2021 Project” means the planning and development of a new multi-use coliseum and civic center type facility to replace all or part of the Coliseum, consisting generally, without limitation, of architectural and engineering services, project and design management services, pre-construction services, and initial site work, to be financed with proceeds of the Bond. “Unassigned Rights” means all of the rights of the Authority to receive reimbursements and payments pursuant to Sections 5.03(b), 6.01, and 8.04 hereof, and to be held harmless and indemnified pursuant to Section 6.01 hereof. Section 1.02. Construction of Certain Terms. For all purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires, the following rules of construction shall apply: (1) The use of the masculine, feminine, or neuter gender is for convenience only and shall be deemed and construed to include correlative words of the masculine, feminine, or neuter gender, as appropriate. -6- 56627166.v2 (2) “This Agreement” means this instrument as originally executed or as it may from time to time be supplemented or amended by one or more agreements of sale supplemental hereto entered into pursuant to the applicable provisions hereof. (3) All references in this instrument to designated “Articles,” “Sections,” and other subdivisions are to the designated Articles, Sections, and other subdivisions of this instrument. The words “herein,” “hereof,” and “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular Article, Section, or other subdivision. (4) The terms defined in this Article shall have the meaning assigned to them in this Article and include the plural as well as the singular. (5) All accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles as promulgated by the American Institute of Certified Public Accountants, on and as of the date of this instrument. Section 1.03. Table of Contents; Titles and Headings. The table of contents, the titles of the articles, and the headings of the sections of this Agreement are solely for convenience of reference, are not a part of this Agreement, and shall not be deemed to affect the meaning, construction, or effect of any of its provisions. Section 1.04. Contents of Certificates or Opinions. Every certificate or opinion with respect to the compliance with a condition or covenant provided for in this Agreement shall include: (i) a statement that the person or persons making or giving such certificate or opinion have read such covenant or condition and the definitions herein relating thereto; (ii) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; (iii) a statement that, in the opinion of the signers, they have made or caused to be made such examination or investigation as is necessary to enable them to express an informed opinion as to whether or not such covenant or condition has been complied with; and (iv) a statement as to whether, in the opinion of the signers, such condition or covenant has been complied with. Any such certificate or opinion made or given by an official of the Authority or the Consolidated Government may be based, insofar as it relates to legal or accounting matters, upon a certificate or an opinion of counsel or an accountant, which certificate or opinion has been given only after due inquiry of the relevant facts and circumstances, unless such official knows that the certificate or opinion with respect to the matters upon which his certificate or opinion may be based as aforesaid is erroneous or in the exercise of reasonable care should have known that the same was erroneous. Any such certificate or opinion made or given by counsel or an accountant may be based (insofar as it relates to factual matters with respect to information that is in the possession of an official of the Authority or the Consolidated Government or any third party) upon the certificate or opinion of or representations by an official of the Authority or the Consolidated Government or any third party on whom counsel or an accountant could reasonably rely unless such counsel or such accountant knows that the certificate or opinion or representations with respect to the matters upon which his certificate or opinion may be based as -7- 56627166.v2 aforesaid are erroneous or in the exercise of reasonable care should have known that the same were erroneous. The same official of the Authority or the Consolidated Government, or the same counsel or accountant, as the case may be, need not certify or opine to all of the matters required to be certified or opined under any provision of this Agreement, but different officials, counsel, or accountants may certify or opine to different matters, respectively. [End of Article I] -8- 56627166.v2 ARTICLE II REPRESENTATIONS AND UNDERTAKINGS Section 2.01. Representations by the Authority. The Authority makes the following representations and warranties as the basis for the undertakings on its part herein contained: (a) Creation and Authority. The Authority is a public corporation duly created and validly existing under the laws of the State, including the provisions of the Act. The Authority has all requisite power and authority under the Act and the laws of the State (1) to issue the Bond (i) to refund a portion of the Refunded Bonds, in order to refinance the costs of the 2010 Project, and (ii) to finance the costs of the 2021 Project, (2) to undertake the 2021 Project, and (3) to enter into, perform its obligations under, and exercise its rights under this Agreement, the Bond Purchase Agreement, and the Assignment. The Act authorizes the Authority to issue negotiable revenue bonds of the Authority for the purpose of paying all or any part of the cost of any one or more “projects,” which includes the acquisition, construction, equipping, maintenance, and operation of multi-use coliseum and civic center type facilities to be used for athletic contests, games, meetings, trade fairs, expositions, political conventions, agricultural events, theatrical and musical performances, conventions, and other public entertainments, and the usual facilities related thereto, including, without limitation, refreshment stands and restaurants, and facilities for the purveying of foods, beverages, publications, souvenirs, novelties, and goods of all kinds, whether operated or purveyed directly, or indirectly through concessions, licenses, leases, or otherwise, parking facilities or parking areas in connection therewith, recreational centers and areas including, but not limited to, gymnasium and athletic facilities and related buildings, and the usual and convenient facilities appertaining to such undertakings and the extension and improvements of such facilities, acquiring the necessary property therefor, both real and personal, and the lease, sale, and licensing of any part or all of such facilities, including real and personal property, to any persons, firms or corporations whether public or private so as to assure the efficient and proper development, maintenance, and operation of such facilities and areas, deemed by the Authority to be necessary, convenient or desirable. The Act also authorizes the Authority to provide by resolution for the issuance of bonds of the Authority for the purpose of funding or refunding any revenue bonds issued under the Act and then outstanding together with accrued interest thereon. The Act also authorizes the Authority to do all things that municipalities are empowered to do under the provisions of the Revenue Bond Law. The Authority is authorized and empowered under and pursuant to the provisions of the Revenue Bond Law to issue revenue bonds to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment, or extension of any “undertaking,” which includes buildings to be constructed and used for the housing of exhibits for fairs and educational purposes, the erection and construction of buildings to be used for amusement purposes or educational purposes or a combination of the two, and such buildings to be used for fairs, expositions, or exhibitions in connection therewith. The Authority is also authorized and empowered under and pursuant to the provisions of the Revenue Bond Law to issue revenue bonds at any time to refund or refinance, in whole or in part, all outstanding revenue bonds against any existing undertaking or any combination thereof or its anticipated revenue. The Act also authorizes the Authority (1) to construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, (2) to make contracts, and to execute all instruments necessary or convenient, with any city, town, municipality, consolidated -9- 56627166.v2 government, county, or other political subdivision of the State, including contracts for construction of any project and contracts with respect to the use and management of any project, and (3) to pledge and allocate the revenues, fees, tolls, and earnings derived from any project as security for repayment of its revenue bonds. The Authority has found that the 2010 Project and the 2021 Project each constitutes a “project” within the meaning of that term as defined in the Act, has found that the 2010 Project and the 2021 Project each constitutes an “undertaking” within the meaning of that term as defined in the Revenue Bond Law, and has found that the 2010 Project and the 2021 Project each is for the lawful and valid public purposes set forth in the Act. (b) Pending Litigation. There are no actions, suits, proceedings, inquiries, or investigations pending or, to the knowledge of the Authority, after making due inquiry with respect thereto, threatened against or affecting the Authority in any court or by or before any governmental authority or arbitration board or tribunal, which involve the possibility of materially and adversely affecting the transactions contemplated by this Agreement or which, in any way, would adversely affect the validity or enforceability of the Bond, the Bond Purchase Agreement, the Assignment, this Agreement, or any agreement or instrument to which the Authority is a party and which is used or contemplated for use in the consummation of the transactions contemplated hereby or thereby, nor is the Authority aware of any facts or circumstances presently existing that would form the basis for any such actions, suits, or proceedings. (c) Agreements Are Legal and Authorized. The execution and delivery by the Authority of this Agreement, the Bond, the Bond Purchase Agreement, and the Assignment and the compliance by the Authority with all of the provisions of each thereof (i) are within the purposes, powers, and authority of the Authority; (ii) have been done in full compliance with the provisions of the Act and have been approved by the Governing Body of the Authority and are legal and will not conflict with or constitute on the part of the Authority a violation of or a breach of or a default under any organic document, indenture, mortgage, security deed, pledge, note, lease, loan, or installment sale agreement, contract, or other agreement or instrument to which the Authority is a party or by which the Authority or its properties are otherwise subject or bound, or any license, judgment, decree, law, statute, order, writ, injunction, demand, rule, or regulation of any court or governmental agency or body having jurisdiction over the Authority or any of its activities or properties; and (iii) have been duly authorized by all necessary and appropriate official action on the part of the Governing Body of the Authority. This Agreement, the Bond, the Bond Purchase Agreement, and the Assignment are the valid, legal, binding, and enforceable obligations of the Authority. (d) Governmental Consents. Neither the nature of the Authority nor any of its activities or properties, nor any relationship between the Authority and any other Person, nor any circumstance in connection with the offer, issue, sale, or delivery of the Bond is such as to require the consent, approval, permission, order, license, or authorization of, or the filing, registration, or qualification with, any governmental authority on the part of the Authority in connection with the execution, delivery, and performance of this Agreement, the Bond Purchase Agreement, and the Assignment or the consummation of any transaction therein contemplated, or the offer, issue, sale, or delivery of the Bond, except as shall have been obtained or made and as are in full force and effect. -10- 56627166.v2 (e) No Defaults. To the knowledge of the Authority, after making due inquiry with respect thereto, no event has occurred and no condition exists that would constitute an event of default under the Bond Purchase Agreement or that, with the lapse of time or with the giving of notice or both, would become such an event of default. To the knowledge of the Authority, after making due inquiry with respect thereto, the Authority is not in default or violation in any material respect under the Act or under any organic document or other agreement or instrument to which it is a party or by which it may be bound. (f) No Prior Pledge. Neither this Agreement nor any of the payments or amounts to be received by the Authority hereunder have been or will be assigned, pledged, or hypothecated in any manner or for any purpose or have been or will be the subject of a grant of a security interest by the Authority other than as provided in the Assignment. (g) Disclosure. The representations of the Authority contained in this Agreement and any certificate, document, written statement, or other instrument furnished to the Bond Buyer by or on behalf of the Authority in connection with the transactions contemplated hereby do not contain any untrue statement of a material fact relating to the Authority and do not omit to state a material fact relating to the Authority necessary in order to make the statements contained herein and therein relating to the Authority not misleading. Nothing has come to the attention of the Authority that would materially and adversely affect or in the future may (so far as the Authority can now reasonably foresee) materially and adversely affect any transactions contemplated by this Agreement, the Bond Purchase Agreement, and the Assignment, which has not been set forth in writing to the Bond Buyer or in the certificates, documents, and instruments furnished to the Bond Buyer by or on behalf of the Authority prior to the date of execution of this Agreement in connection with the transactions contemplated hereby. (h) Compliance with Conditions Precedent to the Issuance of the Bond. All acts, conditions, and things required to exist, happen, and be performed precedent to and in the execution and delivery by the Authority of the Bond do exist, have happened, and have been performed in due time, form, and manner as required by law; the issuance of the Bond, together with all other obligations of the Authority, do not exceed or violate any constitutional or statutory limitation, and the revenues, funds, property, and amounts pledged to the payment of the principal of, premium, if any, and interest on the Bond, as the same become due, have been calculated to be sufficient in amount for that purpose. (i) Coliseum Compliance. The Coliseum complies and will comply with all presently applicable building and zoning, health, environmental, and safety ordinances and laws and all other applicable laws, rules, and regulations of any and all governmental and quasi governmental authorities having jurisdiction over any portion of the Coliseum. (j) Authority’s Tax Certificate. The representations and warranties of the Authority set forth in the Authority’s Tax Certificate, dated the date of issuance and delivery of the Bond, are hereby incorporated herein and made a part hereof by this reference thereto, as if fully set forth herein, and are true and correct as of the date hereof. -11- 56627166.v2 Section 2.02. Representations by the Consolidated Government. The Consolidated Government makes the following representations and warranties as the basis for the undertakings on its part herein contained: (a) Creation and Authority. The Consolidated Government is a political subdivision duly created and validly existing under the laws of the State. The Consolidated Government has all requisite power and authority under the laws of the State to enter into, perform its obligations under, and exercise its rights under this Agreement. Article IX, Section III, Paragraph I of the Constitution of the State of Georgia of 1983 authorizes the Consolidated Government to contract for any period not exceeding fifty years with any public corporation or public authority for joint services, for the provision of services, or for the joint or separate use of facilities or equipment, if such contract deals with activities, services, or facilities that the contracting parties are authorized by law to undertake or provide. Section 36-34-3 of the Official Code of Georgia Annotated authorizes the Consolidated Government to acquire, own, and operate buildings used or useful for housing fairs and exhibits, buildings for educational purposes, and buildings used or useful for public amusement purposes, together with facilities or buildings used for any combination of the above. (b) Pending Litigation. There are no actions, suits, proceedings, inquiries, or investigations pending or, to the knowledge of the Consolidated Government, after making due inquiry with respect thereto, threatened against or affecting the Consolidated Government in any court or by or before any governmental authority or arbitration board or tribunal, which involve the possibility of materially and adversely affecting the properties, activities, prospects, profits, operations, or condition (financial or otherwise) of the Consolidated Government, or the ability of the Consolidated Government to perform its obligations under this Agreement, or the transactions contemplated by this Agreement or which, in any way, would adversely affect the validity or enforceability of this Agreement or any agreement or instrument to which the Consolidated Government is a party and which is used or contemplated for use in the consummation of the transactions contemplated hereby or thereby, nor is the Consolidated Government aware of any facts or circumstances presently existing that would form the basis for any such actions, suits, or proceedings. The Consolidated Government is not in default with respect to any judgment, order, writ, injunction, decree, demand, rule, or regulation of any court, governmental authority, or arbitration board or tribunal. (c) Agreement Is Legal and Authorized. The execution and delivery by the Consolidated Government of this Agreement, the consummation of the transactions herein contemplated, and the fulfillment of or the compliance with all of the provisions hereof (i) are within the power, legal right, and authority of the Consolidated Government; (ii) are legal and will not conflict with or constitute on the part of the Consolidated Government a violation of or a breach of or a default under, any organic document, indenture, mortgage, security deed, pledge, note, lease, loan, or installment sale agreement, contract, or other agreement or instrument to which the Consolidated Government is a party or by which the Consolidated Government or its properties are otherwise subject or bound, or any license, law, statute, rule, regulation, judgment, order, writ, injunction, decree, or demand of any court or governmental agency or body having jurisdiction over the Consolidated Government or any of its activities or properties; and (iii) have been duly authorized by all necessary and appropriate official action on the part of the Governing Body of the Consolidated Government. This Agreement is the valid, legal, binding, and -12- 56627166.v2 enforceable obligation of the Consolidated Government. The officials of the Consolidated Government executing this Agreement are duly and properly in office and are fully authorized and empowered to execute the same for and on behalf of the Consolidated Government. (d) Governmental Consents. Neither the Consolidated Government nor any of its activities or properties, nor any relationship between the Consolidated Government and any other Person, nor any circumstances in connection with the execution, delivery, and performance by the Consolidated Government of its obligations under this Agreement or the offer, issue, sale, or delivery by the Authority of the Bond, is such as to require the consent, approval, permission, order, license, or authorization of, or the filing, registration, or qualification with, any governmental authority on the part of the Consolidated Government in connection with the execution, delivery, and performance of this Agreement or the consummation of any transaction herein contemplated, or the offer, issue, sale, or delivery of the Bond, except as shall have been obtained or made and as are in full force and effect and except as are not presently obtainable. To the knowledge of the Consolidated Government, after making due inquiry with respect thereto, the Consolidated Government will be able to obtain all such additional consents, approvals, permissions, orders, licenses, or authorizations of governmental authorities as may be required on or prior to the date the Consolidated Government is legally required to obtain the same. (e) No Defaults. No event has occurred and no condition exists that would constitute an Event of Default or that, with the lapse of time or with the giving of notice or both, would become an Event of Default. To the knowledge of the Consolidated Government, after making due inquiry with respect thereto, the Consolidated Government is not in default or violation in any material respect under any organic document or other agreement or instrument to which it is a party or by which it may be bound. (f) Compliance with Law. To the knowledge of the Consolidated Government, after making due inquiry with respect thereto, the Consolidated Government is not in violation of any laws, ordinances, or governmental rules or regulations to which it or its properties are subject and has not failed to obtain any licenses, permits, franchises, or other governmental authorizations (which are presently obtainable) necessary to the ownership of its properties or to the conduct of its affairs, which violation or failure to obtain might materially and adversely affect the properties, activities, prospects, profits, and condition (financial or otherwise) of the Consolidated Government, and there have been no citations, notices, or orders of noncompliance issued to the Consolidated Government under any such law, ordinance, rule, or regulation. (g) Restrictions on the Consolidated Government. The Consolidated Government is not a party to or bound by any contract, instrument, or agreement, or subject to any other restriction, that materially and adversely affects its activities, properties, assets, operations, or condition (financial or otherwise). The Consolidated Government is not a party to any contract or agreement that restricts the right or ability of the Consolidated Government to enter into intergovernmental service agreements. (h) Disclosure. The representations of the Consolidated Government contained in this Agreement and any certificate, document, written statement, or other instrument furnished by or on behalf of the Consolidated Government to the Authority or the Bond Buyer in -13- 56627166.v2 connection with the transactions contemplated hereby, do not contain any untrue statement of a material fact and do not omit to state a material fact necessary to make the statements contained herein or therein not misleading. There is no fact that the Consolidated Government has not disclosed to the Authority or the Bond Buyer in writing that materially and adversely affects or in the future may (so far as the Consolidated Government can now reasonably foresee) materially and adversely affect the properties, activities, prospects, operations, profits, or condition (financial or otherwise) of the Consolidated Government, or the ability of the Consolidated Government to perform its obligations under this Agreement or any of the documents or transactions contemplated hereby or thereby or any other transactions contemplated by this Agreement, which has not been set forth in writing to the Bond Buyer or in the certificates, documents, and instruments furnished to the Bond Buyer by or on behalf of the Consolidated Government prior to the date of execution of this Agreement in connection with the transactions contemplated hereby. (i) Financial Statements. The balance sheet of the Consolidated Government as of December 31, 2019, and the statement of revenues, expenditures, and changes in fund balance and the statement of cash flow for the year ended December 31, 2019 (copies of which, audited by Mauldin & Jenkins, LLC, independent certified public accountants, have been furnished to the Bond Buyer) present fairly the financial position of the Consolidated Government as of December 31, 2019, and the results of its operations and its cash flows for the year ended December 31, 2019, with such exceptions as may be disclosed in the audit report. Since December 31, 2019, there has been no material adverse change in the financial position or results of operations or cash flows of the Consolidated Government. (j) Other Contracts. The Consolidated Government represents that there is not presently in force and effect any other contract or agreement that obligates the Consolidated Government to levy an annual ad valorem tax on all taxable property located within the territorial limits of the Consolidated Government, as now existent and as the same may hereafter be extended, at such rate or rates, within the mill limit prescribed by the Constitutional Amendment, to provide revenues to fulfill the Consolidated Government’s obligations under such contract or agreement, except for the Prior Contracts and the Sale Agreement. The Consolidated Government has obtained documentation evidencing that the conditions of the Prior Contracts have been satisfied, in order to permit the Agency and the Consolidated Government to enter into this Agreement, which documentation is attached to this Agreement as Exhibit A. (k) Consolidated Government’s Tax Certificate. The representations and warranties of the Consolidated Government set forth in the Consolidated Government’s Tax Certificate, dated the date of issuance and delivery of the Bond, are hereby incorporated herein and made a part hereof by this reference thereto, as if fully set forth herein, and are true and correct as of the date hereof. Section 2.03. Reliance by Bondholder. The Authority and the Consolidated Government acknowledge and agree that these representations and warranties are made to induce the Bond Buyer to purchase the Bond, and that such representations and warranties and any other representations and warranties made by the Authority and the Consolidated Government in the Bond Documents are made for the benefit of the Bondholder and may be relied upon by the -14- 56627166.v2 Bondholder and shall remain operative and in full force and effect (unless expressly waived in writing by the Bond Buyer), regardless of any investigations made by the Bond Buyer or on its behalf, and shall survive delivery of the Bond to the Bond Buyer. [End of Article II] -15- 56627166.v2 ARTICLE III TITLE; SECURITY Section 3.01. Title to Coliseum. The Authority agrees that throughout the term of this Agreement title to the Coliseum shall be vested in and shall be the sole property of the Authority, subject to any Liens or leases that the Authority may create during the term of this Agreement. The Authority hereby agrees during the term hereof to operate the Coliseum as a multi-use coliseum and civic center type facility, making the facilities and the services of the Coliseum available to public and private consumers and users located in territorial limits of the Consolidated Government and its environs, all for the benefit of the citizens of the Consolidated Government. The Authority hereby agrees to operate and maintain the Coliseum for the benefit of the citizens of the Consolidated Government, for and in consideration of the payments to be received from the Consolidated Government as set forth in Section 5.02 hereof and in accordance with the provisions of this Agreement. Section 3.02. Security for Payments under this Agreement. (a) As security for the payments required to be made and the obligations required to be performed by the Consolidated Government under this Agreement, the Consolidated Government hereby pledges to the Authority its full faith and credit and taxing power for such payment and performance. The Consolidated Government covenants that, in order to make such payments when due from its general funds to the extent required hereunder, it will exercise its power of taxation to the extent necessary to pay the amounts required to be paid hereunder and will make available and use for such payments all taxes levied and collected for that purpose together with funds received from any other sources. The Consolidated Government further covenants and agrees that in order to make funds available for such purpose in each Fiscal Year, it will, in its general revenue, appropriation, and budgetary measures through which its tax funds or revenues and the allocation thereof are controlled or provided for, include sums sufficient to satisfy any such payments that may be required to be made hereunder, whether or not any other sums are included in such measure, until all payments so required to be made hereunder shall have been made in full. The obligation of the Consolidated Government to make any payments that may be required to be made from its general funds shall constitute a general obligation of the Consolidated Government and a pledge of the full faith and credit of the Consolidated Government to provide the funds required to fulfill any such obligation. In the event for any reason any such provision or appropriation is not made as provided in this Section 3.02, then the fiscal officers of the Consolidated Government are hereby authorized and directed to set up as an appropriation on their accounts in the appropriate Fiscal Year the amounts required to pay the obligations that may be due from the general funds of the Consolidated Government. The amount of such appropriation shall be due and payable and shall be expended for the purpose of paying any such obligations, and such appropriation shall have the same legal status as if the Consolidated Government had included the amount of the appropriation in its general revenue, appropriation, and budgetary measures, and the fiscal officers of the Consolidated Government shall make such payments to the Authority if for any reason the payment of such obligations shall not otherwise have been made. (b) The Consolidated Government covenants and agrees that it shall, to the extent necessary, levy an annual ad valorem tax on all taxable property located within the territorial -16- 56627166.v2 limits of the Consolidated Government, as now existent and as the same may hereafter be extended, at such rate or rates, within the mill limit prescribed by the Constitutional Amendment or within such greater millage as may hereafter be prescribed by applicable law, as may be necessary to produce in each year revenues that will be sufficient to fulfill the Consolidated Government’s obligations under this Agreement, from which revenues the Consolidated Government agrees to appropriate sums sufficient to pay in full when due all of the Consolidated Government’s obligations under this Agreement. The Consolidated Government hereby creates and grants a lien in favor of the Authority on any and all revenues realized by the Consolidated Government from such tax, to make the payments that are required under this Agreement, which lien (i) shall rank on a parity with the lien created and granted in favor of the Authority on such revenues pursuant to the Sale Agreement and (ii) is superior to any that can hereafter be created, except that this lien may be extended to cover any Additional Contracts, as permitted by Section 3.02(e) hereof, and the Prior Contracts. Nothing herein contained, however, shall be construed as limiting the right of the Consolidated Government to make the payments called for by this Agreement out of any funds lawfully available to it for such purpose, from whatever source derived (including general funds). (c) The Consolidated Government’s obligation to levy an annual ad valorem tax within the mill limit prescribed by the Constitutional Amendment, or such greater millage hereafter authorized by law, for the purpose of providing funds to meet the Consolidated Government’s payment obligations under this Agreement shall not be junior and subordinate, but shall be superior or equal to the Consolidated Government’s obligation to levy an annual ad valorem tax at such rate or rates within such mill limit or such greater millage as hereinafter prescribed by law pursuant to the provisions of the Prior Contracts, the Sale Agreement, and any Additional Contract. It is expressly provided, however, that the Consolidated Government shall not be required to levy a tax in any year at a rate or rates exceeding in the aggregate the maximum millage prescribed by the Constitutional Amendment for such year, or any greater millage hereafter prescribed by law, in order to meet its obligations under the Contracts. (d) So long as the Bond is unpaid, the Consolidated Government shall not: (1) enter into an Additional Contract that creates a lien on the revenues to be derived from the tax to be levied hereunder by the Consolidated Government to fulfill its obligations hereunder, which is superior to the lien created hereunder; (2) enter into any other contract or agreement creating a lien on such tax revenues for any purpose other than debt service payments (including creation and maintenance of reasonable reserves therefor) superior to or on a parity with the lien created thereon to fulfill the obligations of the Consolidated Government hereunder; and (3) enter into any Additional Contract that provides for payment to be made by the Consolidated Government from moneys derived from the levy of a tax within the maximum millage now or hereafter authorized by law if each annual payment of all amounts payable with respect to debt service or which are otherwise fixed in amount or currently budgeted in amount under all Contracts then in existence, together with each annual payment to be made under the proposed Additional Contract, in each future Fiscal Year, would exceed the amount then capable of being produced by a levy of a tax within -17- 56627166.v2 the maximum millage now or hereafter authorized by law on the taxable value of property located within the territorial limits of the Consolidated Government subject to taxation for such purposes, as shown by the latest tax digest available immediately preceding the execution of any such Additional Contract. (e) It is further expressly provided that so long as the Bond is unpaid, the Consolidated Government shall not hereafter enter into any Additional Contract for the purpose of debt service payments (including creation and maintenance of reserves therefor), unless the amount then capable of being produced by the levy of an ad valorem tax within the maximum millage then prescribed by the Constitutional Amendment or any successor provision on all taxable property within the territorial limits of the Consolidated Government, as shown by the latest tax digest available immediately preceding the execution of such Additional Contract, is equal to at least the maximum combined amount payable in any future Fiscal Year with respect to debt service under all existing Contracts and any such Additional Contract. Debt service for purposes of this paragraph (e) shall mean required payments of principal, including principal to be paid through mandatory redemption, interest, and amounts required to be paid for creation and maintenance of reasonable debt service reserves and to establish and maintain mandatory investment programs, less principal and interest received or to be received from investment of any of the foregoing amounts (except funds on hand or to be on hand in any debt service reserve) required to be applied to debt service in each Fiscal Year. The Consolidated Government shall furnish the Authority, not less than five (5) nor more than sixty (60) days prior to the date of execution and delivery of any such Additional Contract, a report of an independent certified public accountant to the effect that, based upon an affidavit of the Tax Commissioner of Richmond County as to the taxable value of property located within the territorial limits of the Consolidated Government, the requirements of this paragraph (e) have been met. Section 3.03. Security for the Bond; Perfection. Contemporaneously with the issuance of the Bond, as security for the payment of the Bond, the Authority shall execute and deliver the Assignment. The Consolidated Government hereby assents to the assignment and grant of a first priority security interest made in the Assignment and hereby agrees that its obligations to make all payments under this Agreement shall be absolute and shall not be subject to any defense, except payment, or to any right of setoff, counterclaim, or recoupment arising out of any breach by the Authority of any obligation to the Consolidated Government, whether hereunder or otherwise, or arising out of any indebtedness or liability at any time owing to the Consolidated Government by the Authority. The Consolidated Government further agrees that all payments required to be made under this Agreement, except for those arising out of Unassigned Rights, shall be paid directly to the Bondholder for the account of the Authority. The Bondholder shall have all rights and remedies herein accorded to the Authority (except for Unassigned Rights), and any reference herein to the Authority shall be deemed, with the necessary changes in detail, to include the Bondholder, and the Bondholder is deemed to be and is a third party beneficiary of the representations, covenants, and agreements of the Consolidated Government herein contained. Upon reasonable and timely written notice from the Bondholder as to the required form, substance, timing, and place for filing, refiling, recording, or re-recording, or for taking possession of any collateral, the Consolidated Government shall file, refile, record, or re-record all financing statements, continuation statements, documents, and notices or deliver possession -18- 56627166.v2 of any instrument or cash necessary to perfect and maintain any lien or security interest created by the Assignment for the benefit of the Bondholder as a first and preferred pledge, lien, encumbrance, and security interest in and to the property encumbered thereby. The Authority agrees that it will cooperate fully and will take any action required to assist the Consolidated Government in meeting the provisions of this Section 3.03. [End of Article III] -19- 56627166.v2 ARTICLE IV THE 2021 PROJECT; ISSUANCE OF THE BOND; PROJECT FUND Section 4.01. Agreement to Undertake the 2021 Project. The Authority agrees to undertake the 2021 Project in order to advance the planning and development of a replacement facility for all or part of the Coliseum. The Authority agrees to undertake the 2021 Project as promptly as practicable and with all reasonable dispatch after the date of issuance and sale of the Bond. Section 4.02. Agreement to Issue the Bond; Application of Proceeds. In order to provide funds to pay a portion of the cost of refunding the Refunded Bonds and to pay the costs of the 2021 Project, the Authority agrees that it shall execute and deliver the Bond Purchase Agreement and sell and cause to be delivered to the Bond Buyer the Bond in the original principal amount of $10,945,000 and shall thereupon apply the proceeds of the sale of the Bond for the following purposes (but for no other purposes): (a) $__________ of the proceeds of the Bond, together with other lawfully available funds, to be paid to the 2010 Paying Agent for deposit into the 2010 Sinking Fund to pay the principal and premium of and interest on the Refunded Bonds on January __, 2021; (b) payment of any costs and expenses of issuing the Bond; and (c) all proceeds of the Bond remaining after application as provided in clauses (a) and (b) above to be deposited in the Project Fund to pay the costs of the 2021 Project. Section 4.03. Application of Moneys in the Project Fund. The Authority shall in the Bond Purchase Agreement authorize and direct the Depository to use the moneys in the Project Fund for the following purposes (but for no other purposes): (a) payment of any costs and expenses relating to the 2021 Project that would constitute a “cost of project” permitted to be paid by the Authority under the Act; and (b) all proceeds of the Bond remaining in the Project Fund after payment in full of all the items set forth in clause (a), less amounts retained or set aside to meet costs not then due and payable or that are being contested, shall be applied as prepayments under Section 7.03 hereof of the amounts required to be paid under Section 5.02(a) hereof. Section 4.04. Disbursements from the Project Fund. All disbursements from the Project Fund shall be made upon draft or other demand for payment, signed by the Authorized Authority Representative and the Authorized Consolidated Government Representative, but before they shall sign any such draft, there shall be filed with the Depository: (a) A requisition for such payment (the above-mentioned draft or other demand for payment may be deemed a requisition for the purpose of this Section 4.04), stating each amount to be paid and the name of the person to whom payment is due. -20- 56627166.v2 (b) A certificate executed by the Authorized Authority Representative and the Authorized Consolidated Government Representative attached to the requisition and certifying: (1) that an obligation in the stated amount has been incurred by the Authority and that the same is a proper charge against the Project Fund and has not been paid and stating that the bill or statement of account for such obligation, or a copy thereof, is on file in the office of the Consolidated Government; (2) that the signers have no notice of any vendor’s, mechanic’s, or other liens or rights to liens, chattel mortgages, or conditional sales contracts that should be satisfied or discharged before such payment is made; and (3) that such requisition contains no item representing payment on account of any retained percentages that the Authority is, at the date of any such certificate, entitled to retain. Section 4.05. Obligation of the Parties to Cooperate in Furnishing Documents; Reliance of the Depository. Upon payment of any expenses of the Authority incurred in connection therewith pursuant to Section 5.02(b) hereof, the Authority agrees to cooperate with the Consolidated Government in furnishing to the Depository the documents referred to in Section 4.04 hereof that are required to effect payments out of the Project Fund, and the Authority agrees to cause such orders to be directed to the Depository as may be necessary to effect payments out of the Project Fund, in accordance with Section 4.04 hereof. Such obligation of the Authority is subject to any provisions of the Bond Purchase Agreement requiring additional documentation with respect to payments and shall not extend beyond the moneys in the Project Fund available for payment under the terms of the Bond Purchase Agreement. In making any such payment from the Project Fund, the Depository may rely on any such orders and certifications delivered to it pursuant to Section 4.04 hereof. Section 4.06. Authorized Consolidated Government and Authority Representatives and Successors. The Consolidated Government and the Authority, respectively, shall designate, in the manner prescribed in Section 1.01 hereof, the Authorized Consolidated Government Representative and the Authorized Authority Representative. In the event that any person so designated and his alternate or alternates, if any, should become unavailable or unable to take any action or make any certificate provided for or required in this Agreement, a successor shall be appointed in the same manner. Section 4.07. Investment of Project Fund. Subject to Section 5.3 of the Bond Purchase Agreement, any moneys held as a part of the Project Fund shall be invested or reinvested by the Depository at the written direction of the Authorized Consolidated Government Representative in such Permitted Investments as may be designated by the Consolidated Government. The Depository may make any and all such investments through its own bond or investment department or through its broker-dealer affiliate. The investments so purchased shall be held by the Depository and shall be deemed at all times a part of the Project Fund, and the interest accruing thereon and any profit realized -21- 56627166.v2 therefrom shall be credited to the Project Fund, and any losses resulting from such investments shall be charged to the Project Fund and paid by the Consolidated Government. [End of Article IV] -22- 56627166.v2 ARTICLE V TERM; AUTHORITY OWNERSHIP OF PROJECT; NATURE OF OBLIGATIONS OF CONSOLIDATED GOVERNMENT Section 5.01. Term of Agreement. This Agreement shall become effective upon its delivery and shall be in full force and effect until midnight, October 1, 2040, subject to the provisions of this Agreement permitting earlier termination (including particularly Article VII hereof), or if all the payments and other amounts payable pursuant to Section 5.02 hereof have not been paid or retired, until such date as such payment shall have been made; provided, however, that the covenants and obligations expressed herein to so survive shall survive the termination of this Agreement, but in no event shall the term of this Agreement exceed fifty (50) years. Section 5.02. Consolidated Government’s Payment Obligations. (a) Until the principal of, premium, if any, and interest on the Bond shall have been fully paid, the Consolidated Government shall pay to the Bondholder for the account of the Authority, on or before April 1, 2021, and on or before each October 1 and April 1 thereafter, to and including October 1, 2040, a sum equal to the amount payable on such date as principal of, premium, if any, and interest on the Bond, as provided in the Bond Purchase Agreement. Each payment under this Section due on an interest or principal payment date or redemption date until the Bond is fully paid shall in all events be sufficient to pay the total amount of interest, principal, redemption requirement, and premium, if any, payable on the Bond on the principal or interest payment date or on the redemption date. Any payment not received by the Bondholder when due shall continue as an obligation of the Consolidated Government until paid and shall bear interest at the rate of interest on the Bond. (b) The Consolidated Government agrees to pay all reasonable out-of-pocket costs and expenses of the Authority incurred in connection with their negotiation, structuring, documenting, and closing the Bond, including, without limitation, the reasonable fees and disbursements of counsel for the Authority and Bond Counsel. The Consolidated Government agrees to pay all reasonable out-of-pocket costs and expenses of the Authority and the Bondholder incurred in connection with their administration or modification of, or in connection with the preservation of their rights under, enforcement of, or any refinancing, renegotiation, restructuring, or termination of, any Bond Document or any instruments referred to therein or any amendment, waiver, or consent relating thereto, including, without limitation, the reasonable fees and disbursements of counsel for the Authority and counsel for the Bondholder. Such additional payments shall be billed to the Consolidated Government by the Authority, the Bond Buyer, the Bondholder, or the Depository from time to time, together with a statement certifying that the amount billed has been incurred or paid by such party for one or more of the above items. Amounts so billed shall be paid by the Consolidated Government within thirty (30) days after receipt of the bill by the Consolidated Government. -23- 56627166.v2 (c) In the event the Consolidated Government shall fail to make any of the payments required in this Section 5.02, the item so in default shall continue as an obligation of the Consolidated Government until the amount in default shall have been fully paid. Section 5.03. Place of Payments. The payments provided for in Section 5.02(a) hereof shall be paid in lawful money of the United States of America directly to the Bondholder for the account of the Authority by the method and at the address specified for such purpose by the Bondholder in writing to the Consolidated Government. The additional payments to be made to the Authority, the Bond Buyer, the Bondholder, or the Depository pursuant to Section 5.02(b) hereof shall be paid directly to the Authority, the Bond Buyer, the Bondholder, or the Depository for its own use. Section 5.04. Nature of Obligations of Consolidated Government Hereunder. (a) The obligations of the Consolidated Government to make the payments required in Section 5.02 hereof and other sections hereof and to perform and observe any and all of the other covenants and agreements on its part contained herein shall be a general obligation of the Consolidated Government and shall be absolute and unconditional irrespective of any defense or any rights of setoff, recoupment, or counterclaim, except payment, it may otherwise have against the Authority. The Consolidated Government agrees that it shall not (i) suspend, abate, reduce, abrogate, diminish, postpone, modify, or discontinue any payments provided for in Section 5.02 hereof; (ii) fail to observe any of its other agreements contained in this Agreement; or (iii) except as provided in Article VII hereof, terminate its obligations under this Agreement for any contingency, act of God, event, or cause whatsoever, including, without limiting the generality of the foregoing, failure of the Authority to complete the 2021 Project, failure of the Authority to occupy or to use the Coliseum as contemplated in this Agreement or otherwise, any change or delay in the time of availability of the 2021 Project, any acts or circumstances that may impair or preclude the use or possession of the Coliseum, any defect in the title, design, operation, merchantability, fitness, or condition of the Coliseum or in the suitability of the Coliseum for the Authority’s purposes or needs, failure of consideration, any declaration or finding that the Bond is unenforceable or invalid, the invalidity of any provision of this Agreement, any acts or circumstances that may constitute an eviction or constructive eviction, destruction of or damage to the Coliseum, the taking by eminent domain of title to or the use of all or any part of the Coliseum, failure of the Authority’s title to the Coliseum or any part thereof, commercial frustration of purpose, any change in the tax or other laws of the United States of America or of the State or any political subdivision of either thereof or in the rules or regulations of any governmental authority, or any failure of the Authority to perform and observe any agreement, whether express or implied, or any duty, liability, or obligation arising out of or connected with this Agreement. (b) Nothing contained in this Section 5.04 shall be construed to release the Authority from the performance of any of the agreements on its part herein contained. In the event the Authority should fail to perform any such agreement on its part, the Consolidated Government may institute such action against the Authority as the Consolidated Government may deem necessary to compel performance so long as such action does not abrogate, limit, or reduce the Consolidated Government’s obligations hereunder. The Authority hereby agrees that it shall not take or omit to take any action that would cause this Agreement to be terminated. -24- 56627166.v2 [End of Article V] -25- 56627166.v2 ARTICLE VI ADDITIONAL COVENANTS Section 6.01. Indemnity. To the extent permitted by the statutes and Constitution of the State, the Consolidated Government shall protect, hold harmless, and indemnify the Authority, the Bondholder, and the Depository from and against any and all liability, obligations, losses, claims, and damages whatsoever, regardless of cause thereof, and expenses in connection therewith, including, without limitation, counsel fees and expenses, penalties, and interest arising out of or as the result of the entering into of the Bond Documents. The indemnification arising under this Section shall continue in full force and effect notwithstanding the full payment of all obligations under this Agreement and shall survive the termination of this Agreement for any reason. Section 6.02. Financial Statements. During the term of this Agreement, the Consolidated Government will provide in an electronic format and accessible to the Authority and the Bondholder either on the Consolidated Government’s official website (which is currently available at www.augustaga.gov) or on the Electronic Municipal Market Access system of the MSRB (which is currently available at http://emma.msrb.org) not later than 270 days after the end of each Fiscal Year, the audited financial statements of the Consolidated Government for such Fiscal Year; provided, however, if the time for providing the audited financial statements of the Consolidated Government for any such Fiscal Year to the state auditor of the State is extended beyond 270 days by operation of law or order of any court or governmental agency or body having jurisdiction over the Consolidated Government, then the Consolidated Government will provide such audited financial statements to the Authority and the Bondholder as provided in this Section 6.02 within 30 days of their availability. Section 6.03. Special Investment Covenants. The Authority and the Consolidated Government each covenant that it will not directly or indirectly use or permit the use of any proceeds (as defined in the Regulations) of the Bond or any other funds of the Authority or the Consolidated Government, or take or omit to take any action, or direct any depository to invest any funds held by it, in such manner as will, or allow any “related party” (as defined in Section 1.150-1(b) of the Regulations) to enter into any arrangement, formal or informal, as will, cause the Bond to be “federally guaranteed,” as such term is used and defined in Section 149(b) of the Code, or to be an “arbitrage bond” within the meaning of Section 148 of the Code, and any Regulations proposed or promulgated in connection therewith. To that end, the Authority and the Consolidated Government shall comply with all requirements of Section 149(b) and Section 148 of the Code to the extent applicable to the Bond. In the event that at any time the Authority or the Consolidated Government is of the opinion that for purposes of this Section 6.03 it is necessary to dispose of any investment or to restrict or limit the yield on any investment held under the Bond Documents or otherwise, the Authority or the Consolidated Government, as the case may be, shall so instruct the Depository in writing. Section 6.04. Calculation and Payment of Rebate Amount. The Consolidated Government agrees to appoint and pay a Rebate Calculator to calculate and determine the Rebate Amount, if any, as required by Section 148(f) of the Code and any Regulations proposed or promulgated in connection therewith. All calculations and determinations made by a Rebate -26- 56627166.v2 Calculator shall be accompanied by the opinion of a Rebate Calculator that such calculations and determinations have been made in accordance with the requirements of Section 148(f) of the Code. The Consolidated Government agrees to pay to the United States Treasury for and on behalf of the Authority the amount determined by the Rebate Calculator to be due to the United States Treasury before the due date specified by the Rebate Calculator. The obligations created by this Section 6.05 shall survive the termination of this Agreement. The Authority hereby delegates to the Consolidated Government the authority and responsibility for compliance with Section 148(f) of the Code. Section 6.05. Tax Covenants. The Consolidated Government recognize that the Bond Buyer will have accepted the Bond on, and paid an amount therefor reflecting, the understanding that interest on the Bond is excluded from the gross income of the owner for federal income tax purposes under laws in force at the time the Bond shall have been delivered. The Consolidated Government covenants that it will not take or omit to take any action nor permit any action to be taken or omitted that would cause the interest on the Bond to become includable in the gross income of any owner thereof. The Consolidated Government further covenants and agrees that it shall comply with the representations and certifications it made in the Consolidated Government’s Tax Certificate dated the date of issuance and delivery of the Bond and that it shall take no action nor omit to take any action that would cause such representations and certifications to be untrue. The Consolidated Government agrees to furnish the Authority any items (including, without limitation, certificates of the Consolidated Government and opinions of Bond Counsel) reasonably requested by it to evidence compliance with the covenants contained in this Section 6.05. [End of Article VI] -27- 56627166.v2 ARTICLE VII ASSIGNMENT; PREPAYMENTS Section 7.01. No Assignment by Consolidated Government. Neither this Agreement nor its obligations under this Agreement may be sold, assigned, or encumbered by the Consolidated Government without the prior written consent of the Authority and the Bondholder. Section 7.02. Redemption of Bond. The Authority, at the written request of the Consolidated Government at any time and if the Bond is then callable or available for purchase, and if there are funds available therefor, shall forthwith take all steps that may be necessary under the applicable redemption or purchase provisions of the Bond Purchase Agreement and the Bond to effect redemption or purchase of all or part of the then outstanding Bond, as may be specified by the Consolidated Government, on the earliest date on which such redemption or purchase may be made under such applicable provisions. Section 7.03. Prepayment. There is expressly reserved to the Consolidated Government the right, and the Consolidated Government is authorized and permitted, at any time it may choose, to prepay all or any part of the amounts payable under Section 5.02 hereof, and the Authority agrees that the Bondholder may accept such prepayments and other amounts when the same are tendered by the Consolidated Government. All amounts so prepaid shall at the written direction of the Consolidated Government be credited toward the amounts specified in Section 5.02 hereof, in the order of their due dates, or applied to the retirement of the Bond prior to maturity (either by redemption or purchase) in accordance with the Bond Purchase Agreement and the Bond. Section 7.04. Option to Prepay and Redeem the Bond at Prior Optional Redemption Dates. The Consolidated Government shall also have the option to prepay the amounts payable under Section 5.02 hereof and other amounts payable under this Agreement in such manner and amounts as will enable the Authority to redeem the Bond prior to maturity, in whole or in part on any date, as provided in Section 7.1 of the Bond Purchase Agreement. The amounts payable under Section 5.02 hereof and other amounts payable by the Consolidated Government in the event of its exercise of the option granted under this Section shall be (i), in the case of partial redemption, the amount necessary to pay principal, all interest to accrue to the redemption date, the applicable redemption premium, as provided in Section 7.1 of the Bond Purchase Agreement, and any redemption expense, and (ii) in the case of a total redemption, the amount necessary to pay and satisfy all amounts due under the Bond Documents. [End of Article VII] -28- 56627166.v2 ARTICLE VIII EVENTS OF DEFAULT AND REMEDIES Section 8.01. Events of Default Defined. The following shall be “Events of Default” under this Agreement, and the terms “Event of Default” or “Default” shall mean, whenever they are used in this Agreement, any one or more of the following events: (a) The Consolidated Government’s failure to pay the amounts required to be paid under Section 5.02 of this Agreement at the times specified therein. (b) The Consolidated Government’s breach in any material respect of any representation or warranty contained in this Agreement or the Consolidated Government’s failure to observe, perform, or comply with any covenant, condition, or agreement in this Agreement on the part of the Consolidated Government to be observed or performed, other than as referred to in subsection (a) of this Section 8.01, for a period of thirty (30) days after written notice specifying such breach or failure and requesting that it be remedied, given to the Consolidated Government by the Authority or the Bondholder, unless the Bondholder shall agree in writing to an extension of such time prior to its expiration. In the case of any such breach or default that cannot with due diligence be cured within such thirty (30) day period but can be wholly cured within a period of time not materially detrimental to the rights of the Authority and the Bondholder, to be determined conclusively by the Bondholder, it shall not constitute an Event of Default if corrective action is instituted by the Consolidated Government within the applicable period and diligently pursued until the breach or default is corrected in accordance with and subject to any directions or limitations of time established in writing by the Bondholder. (c) The Consolidated Government shall (i) apply for or consent to the appointment of or the taking of possession by a receiver, custodian, trustee, or liquidator of it or of all or a substantial part of its property; (ii) enter into an agreement of composition with its creditors; (iii) admit in writing its inability to pay its debts as such debts become due; (iv) make a general assignment for the benefit of its creditors; (v) commence a voluntary case under the federal bankruptcy law (as now or hereafter in effect); (vi) file a petition or answer seeking to take advantage of any other law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or adjustment of debts; (vii) fail to controvert in a timely or appropriate manner or acquiesce in writing to any petition filed against it in an involuntary case under such federal bankruptcy law, or (viii) take any action for the purpose of effecting any of the foregoing. (d) A proceeding or case shall be commenced, without the application of the Consolidated Government, in any court of competent jurisdiction, seeking (i) the liquidation, reorganization, dissolution, winding-up, or composition or adjustment of debts of the Consolidated Government; (ii) the appointment of a trustee, receiver, custodian, liquidator, or the like of the Consolidated Government or of all or any substantial part of the assets of it; or (iii) similar relief in respect of the Consolidated Government under any law relating to bankruptcy, insolvency, reorganization, winding-up, or composition and adjustment of debts, and such proceeding or case shall continue undismissed or an order, judgment, or decree approving or ordering any of the foregoing shall be entered and shall continue unvacated and unstayed and in effect for a period of sixty (60) days, whether consecutive or not. -29- 56627166.v2 Section 8.02. Remedies on Default. Whenever any Event of Default referred to in Section 8.01 hereof shall have happened and be continuing, the Authority, in its discretion, may exercise any one or more of the following remedies: (a) The Authority may have access to and inspect, examine, and make copies of the books and records and any and all accounts and similar data of the Consolidated Government. (b) The Authority may from time to time take whatever action at law or in equity or under the terms of this Agreement may appear necessary or desirable to collect the amounts payable by the Consolidated Government hereunder then due or thereafter to become due, or to enforce performance and observance of any obligation, agreement, or covenant of the Consolidated Government under this Agreement. No action taken pursuant to this Section 8.02 shall relieve the Consolidated Government from its obligations pursuant to Section 5.02 hereof, all of which shall survive any such action, and the Authority may take whatever action at law or in equity as may appear necessary and desirable to collect the amounts then due and thereafter to become due or to enforce the performance and observance of any obligation, agreement, or covenant of the Consolidated Government hereunder. Section 8.03. No Remedy Exclusive. No remedy herein conferred upon or reserved to the Authority is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Authority to exercise any remedy reserved to it in this Article VIII, it shall not be necessary to give any notice, other than such notice as may be herein expressly required. Such rights and remedies as are given the Authority hereunder shall also extend to the Bondholder, and the Bondholder shall be deemed a third party beneficiary of all covenants and agreements herein contained. Section 8.04. Agreement to Pay Fees and Expenses. Upon the occurrence of an Event of Default under any of the provisions of this Agreement and the Authority or the Bondholder should employ attorneys, accountants, or other experts or incur other expenses for the collection of amounts due hereunder or the enforcement of performance or observance of any obligation or agreement on the part of the Consolidated Government herein contained, the Consolidated Government agrees that it shall on demand therefor pay to the Authority or to the Bondholder for the account of the Authority the reasonable fees of such attorneys, accountants, or other experts and such other expenses so incurred by the Authority or the Bondholder. Any attorneys’ fees required to be paid by the Consolidated Government under this Agreement shall include attorneys’ and paralegals’ fees through all proceedings, including, but not limited to, negotiations, administrative hearings, trials, and appeals. Section 8.05. Waiver of Events of Default. The Authority may waive any Event of Default hereunder and its consequences. In case of any such waiver, or in case any proceeding -30- 56627166.v2 taken by the Authority or the Bondholder on account of any such Event of Default shall be discontinued or abandoned or determined adversely to the Authority or the Bondholder, then and in every such case the Authority and the Consolidated Government shall be restored to their former position and rights hereunder, but no such waiver or rescission shall extend to or affect any subsequent or other Event of Default or impair or exhaust any right, power, or remedy consequent thereon. [End of Article VIII] -31- 56627166.v2 ARTICLE IX MISCELLANEOUS Section 9.01. Notices. All notices, certificates, and other communications provided for hereunder shall be in writing and sent (a) by telecopy or other electronic means if the sender on the same day sends a confirming copy of such notice by a recognized overnight delivery service (charges prepaid), or (b) by registered or certified mail with return receipt requested (postage prepaid), or (c) by a recognized overnight delivery service (with charges prepaid). Any such notice must be sent to any party hereto at the following addresses or to such other address as any party hereto shall have specified in writing to the other party: If to the Authority: Augusta-Richmond County Coliseum Authority 601 Seventh Street Augusta, Georgia 30901 Attention: Chairman with a copy to: Augusta, Georgia 535 Telfair Street, Suite 800 Augusta, Georgia 30901 Attention: Finance Director and a copy to: Ed Enoch, Esq. Enoch Tarver, PC 3540 Wheeler Road, Suite 312 Augusta, Georgia 30909 If to the Consolidated Government: Augusta, Georgia 535 Telfair Street, Suite 910 Augusta, Georgia 30901 Attention: Administrator with a copy to: Augusta, Georgia 535 Telfair Street, Suite 800 Augusta, Georgia 30901 Attention: Finance Director If to the Bondholder: ZMFU II, Inc. c/o Zions Bancorporation, N.A. One South Main Street, 17th Floor Salt Lake City, Utah 84133 Attention: Trevor Kreutzer and Kirsi Hansen Notices under this Section 9.01 will be deemed given only when actually received. A duplicate copy of each notice, certificate, or other communication given hereunder shall also be given to the Bondholder. -32- 56627166.v2 Section 9.02. Construction and Binding Effect. This Agreement constitutes the entire agreement of the parties and supersedes any prior agreements. This Agreement shall inure to the benefit of and shall be binding upon the Authority, the Consolidated Government, and their respective successors and assigns, subject, however, to the limitations contained in Section 7.01 hereof. Section 9.03. Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section 9.04. Amounts Remaining in Funds. It is agreed by the parties hereto that any amounts remaining in the Project Fund or other funds provided for herein upon expiration or sooner termination of this Agreement, as provided in this Agreement, after payment in full of the amounts payable by the Consolidated Government hereunder and the Bond, the fees, charges, and expenses of the Authority, the Bondholder, and the Depository, in accordance with the terms hereof, and all sums due and owing to the Authority, shall belong to and be paid to the Consolidated Government by the Authority as overpayment of the amounts payable by the Consolidated Government hereunder. Section 9.05. Amendments, Changes, and Modifications. This Agreement may not be amended, changed, modified, altered, or terminated, and the observance of any term hereof may not be waived, without the prior written consent of the Bondholder. Section 9.06. Execution of Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Section 9.07. Law Governing Construction of this Agreement. This Agreement is prepared and entered into with the intention that the law of the State, exclusive of such state’s rules governing choice of law, shall govern its construction. Section 9.08. Immunity of Officials, Officers, and Employees of Authority and Consolidated Government. No recourse shall be had for the enforcement of any obligation, covenant, promise, or agreement of the Authority or the Consolidated Government contained in this Agreement or for any claim based hereon or otherwise in respect hereof against any member of a Governing Body, officer, or employee, as such, in his individual capacity, past, present, or future, of the Authority, the Consolidated Government, or any successor body, whether by virtue of any constitutional provision, statute, or rule of law, or by the enforcement of any assessment or penalty or otherwise, it being expressly agreed and understood that this Agreement is solely a corporate obligation of the Consolidated Government and the Authority payable only from the funds and assets of the Consolidated Government and the Authority herein specifically provided to be subject to such obligation and that no personal liability whatsoever shall attach to, or be incurred by, any member of a Governing Body, officer, or employee, as such, past, present, or future, of the Consolidated Government or the Authority, or of any successor corporation, either directly or through the Consolidated Government, the Authority, or any successor corporation, under or by reason of any of the obligations, covenants, promises, or agreements entered into between the Authority and the Consolidated Government whether contained in this Agreement or -33- 56627166.v2 in the other Bond Documents or to be implied herefrom or therefrom as being supplemental hereto or thereto, and that all personal liability of that character against every such member of a Governing Body, officer, and employee is, by the execution of this Agreement and as a condition of and as part of the consideration for the execution of this Agreement, expressly waived and released. The immunity of members of a Governing Body, officers, and employees of the Authority and the Consolidated Government under the provisions contained in this Section 9.08 shall survive the termination of this Agreement. [End of Article IX] -34- 56627166.v2 SIGNATURES AND SEALS IN WITNESS WHEREOF, the Authority has executed this Agreement by causing its name to be hereunto subscribed by its Chairman and by causing the official seal of the Authority to be impressed hereon and attested by its Secretary; and the Consolidated Government has executed this Agreement by causing its name to be hereunto subscribed by its Mayor and by causing the official seal of the Consolidated Government to be impressed hereon and attested by its Clerk of Commission; all being done as of the day and year first above written. (SEAL) AUGUSTA-RICHMOND COUNTY COLISEUM AUTHORITY By: Chairman Attest: Secretary (SEAL) AUGUSTA, GEORGIA By: Mayor Attest: Clerk of Commission 56627166.v2 EXHIBIT A DOCUMENTATION PURSUANT TO SECTION 2.02(J) [Attached] Member NYSE|FINRA|SIPC December 22, 2020 Augusta, Georgia Revenue Bond (Coliseum and Convention Center Project), Series 2021A&B RFP Results Presentation On Wednesday, November 11, 2020, Davenport & Company, in our capacity as financial advisor to Augusta (the “Consolidated Government”) on behalf of the Consolidated Government and the Augusta-Richmond County Coliseum Authority (the “Authority”) distributed a Request for Proposals (“RFP”) to over 25 local, regional, and national lending institutions. The purpose the RFP is to obtain a commercial loan evidenced by the Authority’s Revenue Bond (Coliseum and Convention Center Project), Series 2021A (the “Series 2021A Bond”), the Authority’s Revenue Bond (Coliseum and Convention Center Project), Federally Taxable Series 2021B (the “Series 2021B Bond” and together with the Series 2021A Bond, the “Series 2021 Bonds”). The proceeds of the Series 2020 Bonds will be used to finance preliminary capital expenditures (e.g. design and engineering) associated with the Authority’s proposed new James Brown Arena and refinance the Authority’s Revenue Bonds (Coliseum and TEE Center Project), Series 2010. Davenport bid out two options on the Series 2021 Bonds based on the tax status of the refunded projects. On Tuesday, November 24, 2020 Davenport received 4 proposals on the Series 2021A Bond and 7 proposals on the Series 2021B Bond from Capital One, JP Morgan, Key Bank, South State Bank, Sterling Bank, Synovus Bank and Zions Bank. The detailed bids are summarized in the appendix. The next two slides summarize the top bids for the Series 2021A Bond and the Series 2021B Bond. December 22, 2020 RFP Results Presentation 1 Request for Proposals Solicitation December 22, 2020 RFP Results Presentation 2 Series 2021A Bond - Summary of Top Proposal Zions Bank Series 2021A Bond – Option 1 Amount: Up to $11,500,000 Term 20 Years Tax-Exempt Rate: 1.66% (Fixed rate through maturities 2026- 2035) 1.66% (Initial Interest Rate) (Variable rate through maturities 2036-2040) Prepayment:Callable at any time, in whole or in part at par. No penalty/premium. Bank Fees: No Bank Fees Closing Date: January 21, 2021* Zions Bank provided the lowest interest rate along with full prepayment flexibility without penalty. *Note: Preliminary, Subject to Change. December 22, 2020 RFP Results Presentation 3 Series 2021B Bond - Summary of Top Proposal Key Bank Series 2021B Bond – Option 1 Amount: Up to $11,250,000 Term 9 Years Taxable Rate:1.51% (Fixed until Final Maturity) Prepayment:Callable at any time, in whole or in part at par. No penalty/premium. Bank Fees: No Bank Fees Closing Date: January 21, 2021* Key Bank provided the lowest interest rate along with full prepayment flexibility without penalty. *Note: Preliminary, Subject to Change. December 22, 2020 RFP Results Presentation 4 Refunding Results Preliminary, Subject to Change. Net of Estimated Costs of Issuance. Assumes closing January 21, 2021. Summary of Bonds Refunded Series 2010 Coupon(s) 5.00% Maturities Refunded 2021 – 2030 Par Refunded $13,335,000 Call Date 10/1/2020 Summary of Refunding Results Gross Savings $2,415,839 Net Present Value Savings 2,245,065 Percent Savings 16.84% All-In TIC 1.78% Negative Arbitrage N/A Debt Service Comparison Fiscal Prior Refunding Net Budgetary Year Debt Service Debt Service Savings 2021 $1,726,750 $1,451,837 $274,913 2022 1,728,750 1,461,713 267,037 2023 1,728,000 1,457,511 270,489 2024 1,724,500 1,453,082 271,418 2025 1,728,250 1,458,426 269,824 2026 1,728,750 1,508,392 220,358 2027 1,726,000 1,507,225 218,775 2028 1,725,000 1,505,757 219,243 2029 1,725,500 1,518,985 206,515 2030 1,727,250 1,529,983 197,267 Total $17,268,750 $14,852,911 $2,415,839 This refunding opportunity results in 17% percent savings. The savings on this option is more than 5x the industry standard of 3.00%. The Consolidated Government will save an average of $240,000 in annual debt service savings. December 22, 2020 RFP Results Presentation 5 Final Debt Service Final Debt Service Estimated Plus Combined Increase/(Decrease) Fiscal Prior Refunding $8 Million Total from Prior Year Debt Service Debt Service Tax-Exempt Debt Service Debt Service 2021 $1,726,750 $1,451,837 $93,260 $1,545,097 ($181,653) 2022 1,728,750 1,461,713 134,294 1,596,007 (132,743) 2023 1,728,000 1,457,511 134,294 1,591,805 (136,195) 2024 1,724,500 1,453,082 134,294 1,587,376 (137,124) 2025 1,728,250 1,458,426 134,294 1,592,720 (135,530) 2026 1,728,750 1,508,392 219,294 1,727,686 (1,064) 2027 1,726,000 1,507,225 217,883 1,725,108 (892) 2028 1,725,000 1,505,757 216,472 1,722,229 (2,771) 2029 1,725,500 1,518,985 205,061 1,724,046 (1,454) 2030 1,727,250 1,529,983 193,816 1,723,799 (3,451) 2031 0 0 842,737 842,737 842,737 2032 0 0 840,868 840,868 840,868 2033 0 0 838,833 838,833 838,833 2034 0 0 841,632 841,632 841,632 2035 0 0 839,182 839,182 839,182 2036 0 0 841,566 841,566 841,566 2037 0 0 843,701 843,701 843,701 2038 0 0 840,587 840,587 840,587 2039 0 0 842,307 842,307 842,307 2040 0 0 843,778 843,778 843,778 Total $17,268,750 $14,852,911 $10,098,153 $24,951,064 December 22, 2020 RFP Results Presentation 6 Recommendation & Rationale Davenport recommends that the Consolidated Government/Authority accept the Series 2021A Bond’s 1.66% bid from Zions Bank and Series 2021B Bond’s 1.51% bid from Key Bank. This recommendation is based upon the following: –The rates from Zions Bank and Key Bank were the lowest rates among all options; –Both bids allows for prepayment, in whole or part, at anytime prior to maturity without penalty or premium; –No bank closing costs; –The proposals allows the Consolidated Government/Authority to save roughly $2.4 million throughout the life of the loan on the refunding portion and borrow an additional $8 million in new money without exceeding prior debt service for the first 10 years; and, –The interest rates will be fixed between the proposal’s due date and the adoption of the bond resolution. December 22, 2020 RFP Results Presentation 7 Next Steps Date Action November 11, 2020 Davenport Distributed Request for Proposals to Local, Regional and National Banking Institutions Balance of November Davenport communicates with potential lenders November 24, 2020 Davenport Received Responses to the Consolidated Government/Authority’s Request for Proposals December 22, 2020 Coliseum Meeting:Davenport to present pricing results / recommendation to the Authority Board to consider adoption of Coliseum Resolution January 5, 2021 Commission Meeting:Davenport to present pricing results / recommendation. Board of Commissioners to consider adoption of Financing Resolution and Forms of Documents. Balance of January Bond Counsel Distributes Drafts of Closing Documents January 21, 2021* Close on Series 2021 Bonds *Note: Preliminary, Subject to Change. Appendix Augusta, Georgia December 22, 2020 RFP Results Presentation 8 December 22, 2020 RFP Results Presentation 9 Series 2021A Bond – Summary of Bid Results Tax Status Not-to-Exceed Par Amount Interest Rate Other Key Terms and Conditions Interest Rate Other Key Terms and Conditions Capital One 2.75% Prepayment Callable in whole at par on any interest payment date beginning October 1, 2030 Interest Rate Fully fixed until final maturity 2.55% Prepayment Callable in whole at par on any interest payment date beginning October 1, 2030 Interest Rate Fully fixed until final maturity JP Morgan 1.20 - 1.95% Prepayment No Prepayment Flexibility Interest Rate Each Maturity shall be a assigned a different interest rate per Appendix A on the subsequent page Sterling Bank 2.28% Prepayment Years 1-5: Non-Callable Years 6-9: 101% prepayment penalty Thereafter: No prepayment penalty Interest Rate Fully fixed until final maturity Zions Bank 1.66% Prepayment Prepayable in whole or in part at anytime at par Interest Rate Maturities 2026 through 2035 will have a fixed interest rate of 1.66%. Maturities 2036 through 2040 will have an initial interest rate of 1.66% and will include a variable rate component. This interest rate will reset on principal payment dates annually and be priced at the then 1-year FHLB Des Moines Fixed-Rate Advance rate plus 46 bps. 1.64% Prepayment Prepayable in whole or in part at anytime at par Interest Rate Maturities 2025 through 2035 will have a fixed interest rate of 1.64%. Maturities 2036 through 2040 will have an initial interest rate of 1.64% and will include a variable rate component. This interest rate will reset on principal payment dates annually and be priced at the then 1-year FHLB Des Moines Fixed-Rate Advance rate plus 46 bps. Option 1 Option 2 Augusta, Georgia - Revenue Bond (Coliseum and Convention Project), Series 2021A No Response $11,500,000 $16,500,000 Tax-Exempt No Response December 22, 2020 RFP Results Presentation 10 Series 2021B Bond – Summary of Bid Results Tax Status Not-to-Exceed Par Amount Interest Rate Other Key Terms and Conditions Interest Rate Other Key Terms and Conditions Capital One 2.35% Prepayment Callable in whole at par on any interest payment date beginning October 1, 2025 Interest Rate Fully fixed until final maturity 1.85% Prepayment Callable in whole at par on any interest payment date beginning October 1, 2023 Interest Rate Fully fixed until final maturity JP Morgan 0.90 - 1.40% Prepayment No Prepayment Flexibility Interest Rate Each Maturity shall be a assigned a different interest rate per Appendix B on the subsequent page Key Bank 1.51% Prepayment Prepayable in whole or in part at anytime at par Interest Rate Fully fixed until final maturity 1.09% Prepayment Prepayable in whole or in part at anytime at par Interest Rate Fully fixed until final maturity South State Bank 1.59% Prepayment Prepayable anytime at par Interest Rate Fully fixed until final maturity 1.46% Prepayment Prepayable anytime at par Interest Rate Fully fixed until final maturity Sterling Bank 1.59% Prepayment Years 1-2: Non-Callable Years 3-4: 101% prepayment penalty Thereafter: No prepayment penalty Interest Rate Fully fixed until final maturity Synovus Bank 2.29% Prepayment Prepayable in whole or in part at anytime at par Interest Rate Fully fixed until final maturity 2.05% Prepayment Prepayable in whole or in part at anytime at par Interest Rate Fully fixed until final maturity Zions Bank 1.71% Prepayment Prepayable in whole or in part at anytime at par Interest Rate Fully fixed until final maturity 1.48% Prepayment Prepayable in whole or in part at anytime at par Interest Rate Fully fixed until final maturity No Response No Response Augusta, Georgia - Revenue Bond (Coliseum and Convention Project) Federally Taxable, Series 2021B Option 1 Option 2 Taxable $11,250,000 $6,250,000 Richmond — Headquarters One James Center 901 East Cary Street, Suite 1100, Richmond, Virginia 23219 Telephone: (804) 780-2000 Toll-Free: (800) 846-6666 E-Mail: info@investdavenport.com Doug Gebhardt Vice President 404-825-9467 dgebhardt@investdavenport.com Courtney Rogers Senior Vice President 804-697-2902 crogers@investdavenport.com Contact Information Ricardo Cornejo First Vice President 404-865-4040 rcornejo@investdavenport.com Christopher Holt Analyst 404-922-7301 cholt@investdavenport.com December 22, 2020 RFP Results Presentation 11 December 22, 2020 Disclaimer The U.S. Securities and Exchange Commission (the “SEC”) has clarified that a broker, dealer or municipal securities dealer engaging in municipal advisory activities outside the scope of underwriting a particular issuance of municipal securities should be subject to municipal advisor registration. 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Davenport is not a fiduciary when it acts as a registered investment advisor, when advising an obligated person, or when acting as an underwriter, though it is required to deal fairly with such persons, This material was prepared by public finance, or other non-research personnel of Davenport. This material was not produced by a research analyst, although it may refer to a Davenport research analyst or research report. Unless otherwise indicated, these views (if any) are the author’s and may differ from those of the Davenport fixed income or research department or others in the firm. Davenport may perform or seek to perform financial advisory services for the issuers of the securities and instruments mentioned herein. This material has been prepared for information purposes only and is not a solicitation of any offer to buy or sell any security/instrument or to participate in any trading strategy. 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Background:In 1992, the act providing for procedures whereby a Judge of the Municipal Court of the City of Augusta or the Civil Court of Richmond County became eligible to become a Judge Emeritus was amended. Judge H. Scott Allen is eligible and has notified the government by the attached correspondence that he will exercise that option at the expiration of his current term of office, December 31, 2020. Analysis:Legislation was passed in 1992. Judge Allen is eligible and has provided appropriate notification. Augusta is required to provide funding. Financial Impact:Under the formula provided in the legislation, Judge Allen's salary as Judge Emeritus will be 60% of his current (2020) salary plus current employee benefits. The total annual amount to be budgeted is $101,430. Alternatives:none, this position was created by legislation. Recommendation:Create the position and fund as required effective January 1, 2021. Funds are Available in the Following Accounts: Funds are currently available in the budget for the position of Chief Judge of Civil and Magistrate Court. This position was held by Judge William Jennings. Until such time as the governor appoints a successor, these funds may be used to offset the cost necessary to fund the Judge Emeritus position. After a Chief Cover Memo Judge is appointed, the residual amount needed will be presented to the commission along with a recommended funding source. dbw REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 1/6/2021 2:00 PM Motion to Abandon Right of Way- Alley East of Heard Avenue and South of Central Avenue Department:Engineering Department:Engineering Caption:Motion to determine that the Alley East of Heard Avenue and South of Central Avenue as shown on the attached map has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest, pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit- claimed to the appropriate party(ies), as provided by law and an easement to be retained over the entire abandoned portion for existing or future utilities as directed by Augusta Engineering Department and Augusta Utilities Department. Background:The abandonment request has been reviewed by all essential county departments and administrators and approvals were received to this abandonment request. The map of said Alley East of Heard Avenue and South of Central Avenue is attached. Analysis:In addition to the information provided in the above Background section, publication notices will be made for a public hearing to be held, with results to be presented to the Commission. Notice to the property owners located thereon will be made, pursuant to O.C.G.A. §32-7-2(b)(1). Financial Impact:Cost of publication and advertisement of public hearing. Alternatives:Approve or deny request to determine that the Alley East of Heard Avenue and South of Central Avenue be abandoned. Recommendation:Approve determination and request for abandonment of the Alley East of Heard Avenue and South of Central Avenue pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit-claimed to the appropriate party(ies) as allowed by law, and an easement(s) as directed by the Augusta Engineering Cover Memo Department and the Augusta Utilities Department to be retained over the entire abandoned portion for existing or future utilities and drainage. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo AGENDA ITEM Engineering Services Committee January 5, 2021 Motion to determine that the Alley East of Heard Avenue and South of Central Avenue as shown on the attached map has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest, pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit-claimed to the appropriate party(ies), as provided by law and an easement to be retained over the entire abandoned portion for existing or future utilities as directed by Augusta Engineering Department and Augusta Utilities Department. Department: Law Caption: Motion to determine that the Alley East of Heard Avenue and South of Central Avenue as shown on the attached map has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest, pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit-claimed to the appropriate party(ies), as provided by law and an easement to be retained over the entire abandoned portion for existing or future utilities as directed by Augusta Engineering Department and Augusta Utilities Department. Background: The abandonment request has been reviewed by all essential county departments and administrators and approvals were received to this abandonment request. The map of said Alley East of Heard Avenue and South of Central Avenue is attached. Analysis: In addition to the information provided in the above Background section, publication notices will be made for a public hearing to be held, with results to be presented to the Commission. Notice to the property owners located thereon will be made, pursuant to O.C.G.A. §32-7-2(b)(1). Financial Impact: Cost of publication and advertisement of public hearing. Alternatives: Approve or deny request to determine that the Alley East of Heard Avenue and South of Central Avenue be abandoned. Recommendation: Approve determination and request for abandonment of the Alley East of Heard Avenue and South of Central Avenue pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit-claimed to the appropriate party(ies) as allowed by law, and an easement(s) as directed by the Augusta Engineering Department and the Augusta Utilities Department to be retained over the entire abandoned portion for existing or future utilities and drainage. Funds are available In Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 1/6/2021 2:00 PM Motion to Approve a Contract Item Agreement with Georgia Department of Transportation for GDOT Project PI M005972 Patching, Milling, and Topping 3.82 miles of State Route 28 (Washington Road) beginning from Calhoun Bridge and ending at CSX Railroad. Department:Utilities Department:Utilities Caption:Motion to approve a Contract Item Agreement with Georgia Department of Transportation to include Augusta Utilities Department’s water valves and sanitary sewer manhole adjustments in the Georgia Department of Transportation contract, for GDOT Project PI M005972 Patching, Milling, and Topping 3.82 miles of State Route 28 (Washington Road) beginning from Calhoun Bridge and ending at CSX Railroad. Background:The Georgia Department of Transportation is undergoing maintenance to resurface State Route 28 (Washington Road). Due to these improvements, GDOT will need to raise and lower water valves and manholes that are in conflict with the GDOT project. GDOT and Augusta entered into a Memorandum of Understanding regarding this work to make the utility adjustments a standard bid item within the GDOT project. This was approved by the Commission on July 21, 2020. Analysis:Approving this contract item agreement will allow GDOT and Augusta Utilities Department to move forward with the plans to include water valves and sanitary sewer manhole adjustments in the GDOT project. Financial Impact:The financial impact is $74,500.00 based on the Pre-let Estimate drafted by GDOT. Funding is available from the accounts: G/L 512043490-5425410 J/L 82000080-5425410 Alternatives:No alternatives are recommended. Recommendation:Cover Memo Augusta Utilities Department recommend the Commission agree to the terms of the contract item agreement with GDOT in the amount of $74,500.00. Funds are Available in the Following Accounts: Funding is available from the accounts: G/L 512043490- 5425410 J/L 82000080-5425410 REVIEWED AND APPROVED BY: Cover Memo DeLorme Street Atlas USA® 2013 Data use subject to license. © DeLorme. DeLorme Street Atlas USA® 2013. www.delorme.com TN MN (6.9°W) 0 800 1600 2400 3200 4000 0 200 400 600 800 1000 ftm Scale 1 : 28,125 1" = 2,343.8 ft Data Zoom 12-7 / Office of the Administrator ~~_,£;;_ J.rn• R. s;m" lnt<rim Admmi•tratoc St<.910-Municip.J Build;,. 0 E"' 0 R G I A Maurice McDowell, Interim Deputy Administrator 535 Telfair Street -Augusta, GA.30901 July 21, 2020 Mr. Tom Wiedmeier Utilities Director 452 Walker Street Augusta, GA 30901 Dear Tom: Tony McDonald, Deputy Administrator (706) 821-2400 -Fax (706) 821-2819 At the regular meeting held Tuesday, July 21, 2020, the Augusta, Georgia Commission took action on the following: 60. Approved the award of bid #20-181 for the construction of the alternate water feed to downtown Augusta to Legacy Water Group, LLC for $4,421,762.75. 62. Approved a motion to increase the funding for approved RFQ #18-263: task order program (2018) for the Utilities Department (AUD) in the amount of $3,000,000. 64. Approved the execution of the Mayor's signature on the furnished Memorandum of Understanding to include Augusta Utilities Department's water valves and sanitary sewer manhole adjustments in the Georgia Department of Transportation contract, for GDOT project PI M005972 patching, milling, and topping 3.82 miles of State Route 28 (Washington Road) beginning from Calhoun Bridge and ending at CSX Railroad. 65. Approved the execution of the Mayor's signature on the furnished Memorandum of Understanding to include Augusta Utilities Department's water valves and sanitary sewer manhole adjustments in the Georgia Department of Transportation contract, for GDOT project PI M005974 patching, milling, and topping 0.66 miles of State Route 104 (Washington Road) beginning from Fury Ferry intersection and ending at Pleasant Home Road. If you have any questions, please contact me. Interim Administrator Interoffice Memo FILE: Richmond County Office: Utilities- Atlanta PI # M005972 Date: August 19, 2020 FROM: Patrick Allen, P.E. State Utilities Administrator TO: Jamie Lindsey, District 2 Manager Attn.: Tonia Parker SUBJECT:Executed Memorandum of Understanding Augusta-Richmond County – Water & Sewer Facilities Attached for your use are two copies (originals) of the Contract item Agreement Memorandum of Understanding (MOU) for the above project which has been executed by the Department. Please forward one copy of the MOU to Augusta-Richmond County. If you have any questions contact, Marcela Coll at 404-347-0606. PA: SPJ: MGC: DW Attachment Georgia DOT Project: N/ A County: Richmond GDOT P.J.: M005972 Page 1 of 3 Revised: March 2016 CONTRACT ITEM AGREEMENT MEMORANDUM OF UNDERSTANDING between the Georgia Department of Transportation (hereafter the DEPARTMENT) and Augusta-Richmond County (hereinafter called the OWNER) Whereas the DEPARTMENT proposes to undertake a project to patch, mill and top 3.82 miles of SR 28 beginning at the end of the Calhoun Bridge and ending at CSX #633744F railroad crossing in Richmond County by contract through competitive bidding, and: Whereas the OWNER has the following utility facilities which will be within the project limits: Forty-three (43) Sanitary Sewer Manholes and Sixty-three (63) Water Valves. Whereas the OWNER does not have adequate equipment and staff to adjust its facilities or for other reasons considers it advantageous to have this work included in the roadway contract to be let by the DEPARTMENT; and, now therefore: The following is hereby mutually agreed to and understood by both parties: 1. The preliminary engineering, including preparation of detailed plans and contract estimate for the required water items will be accomplished by the OWNER or OWNER'S Consultant, the cost of which will be the responsibility of the OWNER. The plans shall provide for adjustment, relocation, or new installation of the OWNER'S facilities in accordance with the OWNER'S customary practices, standards, and details subject to conformance with the DEPARTMENT'S standard pay items and procedures for including such items in the project contract. In cases of discrepancy, the governing descending order will be as follows: (1) Special Provisions, (2) Project Plans (prepared by OWNER'S Consultant) including Special Plan Details, (3) Supplemental Specifications, (4) Standard Plans including DEPARTMENT'S Standard Construction Details, (5) Standard Specifications. The OWNER'S standard details should be labeled as "Special Plan Details" and included immediately in sequence behind the OWNER'S plans to avoid confusion with the DEPARTMENT's Standard Plans and Standard Construction Details. The OWNER shall provide plans using the DEPARTMENT'S title block design and in the current Microstation file format. 2. The plans and estimate shall be subject to approval by both the DEPARTMENT and OWNER prior to advertising for bids. Page 2 of 3 ,.1·, ',• ': t ~-H t 1 3. All work necessary for the aoju,1>tm~:mt;"ot ·relocation of the described facilities in accordance with the final plans when approved shall be included in the highway contract and let to bid by the DEPARTMENT except as follows: If necessary, the Owner will provide additional temporary and permanent easements, at its own expense, for any work outside of the acquisition limits shown on the project right of way plans and shall certify possession in accordance with DEPARTMENT requirements prior to the Certification deadline for the project. 4. All construction engineering (layout, inspection) and contract supervision shall be the responsibility of the DEPARTMENT and the DEPARTMENT shall be responsible to assure that all utility work is accomplished in accordance with plans and specifications and to consult with the OWNER before authorizing any changes or deviations which might affect the OWNER'S facility. Engineering for plan revisions for the OWNER'S facilities shall be the responsibility of the OWNER and OWNER'S Consultant. 5. The OWNER and OWNER'S Consultant shall have the right to visit and inspect the work at any time and advise the DEPARTMENT'S Engineer of any observed discrepancies or potential problems. The cost of any OWNER or OWNER'S Consultant's visits or inspections will be the responsibility of the OWNER. The DEPARTMENT agrees to notify the OWNER when all utility work is complete and ready for final inspection and invite the OWNER to attend the final inspection or provide a c01Tections list to the DEPARTMENT prior to the final inspection. 6. After award of the highway contract, the OWNER will continue to maintain its pre- existing facilities until adjustment or relocation has been finalized or the pre-existing facilities have been taken out of service. Once adjustment or relocation begins on a segment of the facilities, the DEPARTMENT or its contractor will be responsible for the maintenance of the adjusted or relocated facilities until final acceptance is made for the work. 7. Upon Maintenance Acceptance or Final Acceptance of the utility work included in the contract and upon certification by the DEPARTMENT'S Engineer and the OWNER, that the work has been completed in accordance with the plans and specifications, the OWNER will accept the adjusted, relocated, and additional facilities and will thereafter operate and maintain said facilities located within the PROJECT right of way subject to the DEPARTMENT'S "Utility Accommodation Policy and Standards Manual, current edition" and any agreements in effect without further cost to the DEPARTMENT or it's CONTRACTOR. 8. The DEPARTMENT and OWNER agree that all matters will be governed by the DEPARTMENT'S Utility Accommodation Policy and Standards. It is contemplated by the DEPARTMENT and OWNER that a Contract Item Agreement will be executed by both parties that will supersede this memorandum. The cost for the utility facilities shall be the responsibility of the OWNER and reimbursement to the DEPARTMEMT shall be handled thru a Contract Item Agreement. 8/19/2020 Page 3 of 3 APPROVED FOR THE OWNER BY: ... -...... APPROVED FOR THE DEPARTMENT BY: ___,,) (Signature) State Utilities Administrator (Title) Contract Item Agreement to be required? YES Preliminary Engineering Agreement to be required? No County:State Route: Project Description: Yes No Would you like for your facilities to be adjusted in the GDOT contract: If yes, a Contract Item Agreement will be required. The cost for adjustments will be at the utility owner's expense. Richmond 3.82 miles of patching, milling, and topping of SR28 SR28 MANHOLE, VALVE AND UTILITY ASSESSMENT FORM No Does any cathodic protection require payment cuts: Anticipated date to install cathodic protection: Are any proposed future taps and/or services anticipated that involve pavement cuts: Valves to remain under pavement after resurfacing Total Valves Estimated days to complete the work prior to milling Estimated days to complete the work after resurfacing Total Days Manholes to remain under pavement after milling "Barton-Southern" style manhole Total Manholes Manholes to be adjusted prior to milling (lowered) Manholes to be adjusted after resurfacing (raised) DESCRIPTION Valves to be adjusted prior to milling (lowered) Valves to be adjusted after resurfacing (raised) Date: Utility Owner: Preparer: Proposed pavement cuts anticipated:Yes No If yes, describe repairs needed: X Email: Sean Barr Augusta Utilities Office No. 706-312-4131 706-513-7008Cell No. 12/20/2019 The Department recommends that corrective work or needs for future taps and services that require pavement cuts be done in advance of this project. A permit application through the Georgia Utility Permitting System (GUPS) will be required to cover any proposed work. Disclaimer: This form is provided for information only. All attempts have been made to provide reliable information based on the milling and/or resurfacing limits. X X Leak test performed:Yes No Date Performed: Repairs needed:Yes X X 43 43 86 63 63 0 COMMENTS/DEPENDENT ACTIVITIES QUANTITY QUANTITY QUANTITY DESCRIPTION DESCRIPTION COMMENTS/DEPENDENT ACTIVITIES Yes X No COMMENTS/DEPENDENT ACTIVITIES Total Project - 43 Manholes If yes, the anticipated date of installation: Yes No Anticipated date to complete repairs: Total number of Valves 63 total 126 Page 1 of 1 ITEM #: UNITS QUANTITY DESCRIPTION UNIT PRICE TOTAL 611‐8050 EA 43 ADJUST MANHOLE TO GRADE $1,000.00 $43,000.00 611‐8140 EA 63 ADJUST WATER VALVE TO GRADE $500.00 $31,500.00 TOTAL $74,500.00 SUMMARY OF QUANTITIES AUGUSTA‐RICHMOND COUNTY P.I. NO. M005972 ‐ RICHMOND COUNTY ‐ SR 28 Russell R. McMurry, P.E., Commissioner One Georgia Center 600 West Peachtree Street, NW Atlanta, GA 30308 (404) 631-1000 Main Office August 19, 2020 Honorable Mayor Hardie Davis, Jr. Augusta-Richmond County 535 Telfair Street Suite 200 Augusta, GA 30901 Subject: PI No. M005972 Richmond County Contract Item Agreement – Water and Sewer Facilities Dear Mr. Hart: In accordance with your request, the adjustment of water and sewer facilities belonging to the Augusta- Richmond County is being included in the Department's contract for the roadway work on the above numbered project. We are transmitting three counterparts of an undated Contract Item Agreement which sets forth the conditions under which the State agrees to have its Contractor perform the work and by which Augusta- Richmond County will reimburse the Department for this work. As outlined in Article 8, the non- binding Pre-let estimate including betterment for this work is $74,500.00 of which the Department will bear 0% or $0.00 and Augusta-Richmond County will bear 100% or $74,500.00. Also, attached is a cost estimate supporting the Agreement. If the Agreement meets with your approval, please handle for execution on behalf of Augusta-Richmond County and return all three (3) counterparts to the State of Georgia, Office of Utilities, One Georgia Center, 600 West Peachtree Street, 10th Floor, Atlanta, Georgia 30308, for execution on behalf of the Department. In this connection, be sure to have two witnesses (one of which must be a notary public) sign the Agreement. Please be certain that the notary public affixes his/her seal alongside their signature. Also, complete the attached resolution form and insert the date of resolution on page 5 of the Agreement. The Official Seal of Augusta-Richmond County is also required to be affixed to each counterpart in compliance with instructions from our Attorney General's Office. Also please provide the Augusta-Richmond County’s Federal Employee Identification Number (FEIN) in the blank shown on page 4 of the Agreement. In accordance with Articles 8, 9, and 10 of the Agreement, the Department shall notify Augusta- Richmond County in writing of the amount due the Department based upon the aforementioned commitment letter at the time of execution. At that time a check for the amount required to perform the work will be requested as outlined in the Agreement. The Department will refund any overpayment or Mr. Hardie Davis, Jr. PI No. M005972 Richmond County Contract Item Agreement Undated– Water and Sewer Facilities August 19, 2020; Page 2 of 2 request in writing that August-Richmond County pay the Department the revised amount as determined by the aforesaid method. If you have any questions or need further information, please contact David Woodcox at 404-347-0605 or by email at dwoodcox@dot.ga.gov. Please send correspondence by mail addressed to State of Georgia, Office of Utilities, One Georgia Center, 600 West Peachtree Street, 10th Floor, Atlanta, Georgia 30308 for execution on behalf of the Department. Very Truly Yours, Shajan Joseph, P.E. Assistant State Utilities Administrator For: Patrick Allen, P.E. State Utilities Administrator PA: SPJ: MGC: DW Attachments (Agreement and Estimate) cc:Corbett Reynolds, District 2 Engineer Jamie Lindsey, District 2 Utilities Manager Marcela Coll, Utilities Preconstruction Manager Danah Bonny, Utilities Preconstruction Specialist Abdulvahid Munshi, Utility Coordinator Account No. – Class: 733005- 309 Department ID: 4848010000 Program No.: 4181401 STANDARD UTILITY AGREEMENT CONTRACT ITEM AGREEMENT Georgia Project No.: N/A, Richmond County G.D.O.T. P.I. No.:M005972 THIS AGREEMENT, made this ___________________________ , by and between the Department of Transportation, an agency of the State of Georgia, hereinafter called the DEPARTMENT, first party, and Augusta-Richmond County, a political subdivision of the State of Georgia, hereinafter called the LOCAL AGENCY, second party; WITNESS that: WHEREAS, the DEPARTMENT proposes under the above numbered project to resurface and maintain State Route 28 from 0.29 miles South of County Road 515/Lakewood Drive to CSX #633744F in Richmond County, Georgia; and WHEREAS, due to the construction of this project, it will become necessary to make certain adjustments or additional installation of utility facilities of the LOCAL AGENCY, the cost of which shall be determined in accordance with Articles 8, 9, & 10 below; and WHEREAS, the LOCAL AGENCY has requested that the DEPARTMENT include the adjustment or installation of water and sewer facilities in its highway construction contract as shown on the attached plans; and WHEREAS, this Agreement being for the sole purpose of providing a contractor for work performed on the LOCAL AGENCY'S water and sewer facilities, the LOCAL AGENCY shall bear the cost of said work to be determined as hereinafter set forth; WHEREAS, the preliminary engineering, including preparation of detailed plans and contract estimate for adjustment of the utilities described above have been accomplished by the LOCAL AGENCY; WHEREAS, the plans for the utility work have been approved by both the DEPARTMENT and the LOCAL AGENCY prior to commencing work; NOW THEREFORE, in consideration of the premises and the mutual covenants of the parties hereinafter set forth, it is agreed: 1.All construction engineering and contract supervision shall be the responsibility of the DEPARTMENT and the DEPARTMENT shall be responsible to assure that all utility work is accomplished in accordance with plans and specifications and to consult with the LOCAL AGENCY or LOCAL AGENCY’S Consultant before authorizing any changes or deviations which affect the LOCAL AGENCY’S facility. STANDARD UTILITY AGREEMENT CONTRACT ITEM AGREEMENT 2 2.The LOCAL AGENCY or the LOCAL AGENCY’S Consultant shall have the right to visit and inspect the work at any time and advise the DEPARTMENT’S Engineer of any observed discrepancies or potential problems. The DEPARTMENT agrees to notify the LOCAL AGENCY when all utility work is completed and ready for final inspection by the LOCAL AGENCY. 3.It is specifically understood that the project number shown above is for the DEPARTMENT'S identification purposes only and may be subject to change by the DEPARTMENT. In the event it becomes necessary for the DEPARTMENT to assign a different project number, the DEPARTMENT shall notify the LOCAL AGENCY of the new project designation. Such change in project designation shall have no effect whatsoever on any of the other terms of this Agreement. 4.The DEPARTMENT shall include in its contract for this project all work necessary to accomplish the adjustment of the LOCAL AGENCY'S facilities as shown on the highway plans along with the necessary specifications to assure that the work conforms to sound construction practices. 5.In the event it becomes necessary to add pay items that are not provided for in the contract, the DEPARTMENT shall negotiate prices with the contractor and enter into a supplemental agreement with the contractor for completion of the additional items. Upon notification, the LOCAL AGENCY shall furnish a check for the additional cost as determined in Article 8 below. 6.The DEPARTMENT shall furnish on the project the construction engineering inspection and testing by its own forces required to assure that the work is done in accordance with the plans, specifications and Special Provisions. 7.Upon completion of the work and upon certification by the DEPARTMENT'S engineers that the work has been completed in accordance with the aforesaid plans and specifications, the LOCAL AGENCY shall accept the adjusted and additional facilities and shall thereafter operate and maintain the adjusted and additional facilities without further cost to the DEPARTMENT or its contractor. Such maintenance and all operations and activities shall be subject to the DEPARTMENT'S rules, policies and procedures as contained in its Utility Accommodation Policy and Standards, current edition. 8.The DEPARTMENT shall include in its highway contract those items shown as "materials" for permanent installation on the aforesaid plans. The price bid for the appropriate items shall include all labor, materials and incidentals necessary to complete the work. The cost of the requested work shall be determined from unit quantities and unit prices as shown in the DEPARTMENT’S tabulation of bids. The approximate non-binding pre-let estimate, not including betterment, is $74,500.00 based on the LOCAL AGENCY’S estimate attached hereto of which the Department shall bear $0.00 or 0% and the LOCAL AGENCY shall bear $74,500.00 or 100%. STANDARD UTILITY AGREEMENT CONTRACT ITEM AGREEMENT 3 9.It is mutually agreed that as soon as practicable after the opening of bids and acceptance of a bid by the DEPARTMENT, the DEPARTMENT shall notify the LOCAL AGENCY in writing of the amount due the DEPARTMENT. The LOCAL AGENCY shall pay to the DEPARTMENT the amount due within sixty (60) days. 10.It is further mutually agreed that the final cost of the work performed on behalf of the LOCAL AGENCY shall be determined by measurement of the actual quantities of installed materials, including added items under Article 5, multiplied by the actual bid prices. Accordingly, after the project has been completed, the DEPARTMENT shall determine the final cost to be borne by the LOCAL AGENCY and, as the case may be, shall refund to the LOCAL AGENCY or shall request of the LOCAL AGENCY an additional payment in the amount of the difference between the final cost to be borne by the LOCAL AGENCY and the amount which the LOCAL AGENCY has previously paid to the DEPARTMENT. In the event additional payment is due to the DEPARTMENT, the LOCAL AGENCY agrees to pay same within sixty (60) days after the statement is received from the DEPARTMENT. In the event a refund is due the LOCAL AGENCY, the DEPARTMENT agrees to pay the LOCAL AGENCY within sixty (60) after the refund amount is determined or final acceptance is made by the DEPARTMENT. 11.The covenants herein contained shall, except as otherwise provided, accrue to the benefit of and be binding upon the successors and assigns of the parties hereto. 12. Pursuant to O.C.G.A. Sec. 50-5-85, LOCAL AGENCY hereby certifies that it is not currently engaged in, and agrees that for the duration of this contract, it will not engage in a boycott of Israel. 13. It is mutually agreed between the parties hereto that this document shall be deemed to have been executed in the Fulton County, Georgia, and that all questions of interpretation and construction shall be governed by the laws of the State of Georgia. 14. This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. STANDARD UTILITY AGREEMENT CONTRACT ITEM AGREEMENT 4 IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals, caused this Agreement to be executed in three counterparts, each to be considered as original by their authorized representative the day and date hereinabove written. AUGUSTA-RICHMOND COUNTY BY:_____________________________ MAYOR BY:_____________________________ NOTARY PUBLIC (SEAL) SWORN TO AND SUBSCRIBED BEFORE ME THIS __ DAY OF _______________, 20_______. _________________________ Notary Public My commission expires: Signed on behalf Augusta-Richmond County pursuant to resolution dated __________. ************************************ FEIN______________________________BY: ___________________________ ************************************ SECRETARY/ASST.SECRETARY (OFFICIAL SEAL) _______________________________________________________________________________ RECOMMENDED:ACCEPTED: DEPARTMENT OF TRANSPORTATION BY: ________________________________ STATE UTILITIES ADMINISTRATOR BY: _________________________________ COMMISSIONER PROJECT NO.:N/A Signed, sealed and delivered this __________ COUNTY:RICHMOND day of ____________________, 20________, G.D.O.T. P.I. NO.:M005972 DATE:August 19, 2020 DW (OFFICIAL SEAL OF THE DEPARTMENT) I attest that the seal imprinted herein is the Official Seal of the DEPARTMENT. BY:______________________________ TREASURER OFFICIAL CUSTODIAN OF THE SEAL STANDARD UTILITY AGREEMENT CONTRACT ITEM AGREEMENT 5 RESOLUTION STATE OF GEORGIA AUGUSTA-RICHMOND COUNTY BE IT RESOLVED by the Mayor and Board of Commissioners of AUGUSTA- RICHMOND COUNTY, and it is hereby resolved, that the foregoing attached Agreement, relative to project P.I. No. M005972 to resurface and maintain State Route 28 from 0.29 miles South of County Road 515/Lakewood Drive to CSX #633744F in Richmond County and that Hardie Davis, Jr. as Mayor and _________________________, as Clerk, be and they are, thereby authorized and directed to execute the same for and in behalf of said by the MAYOR and BOARD OF COMMISSIONERS of AUGUSTA-RICHMOND COUNTY. Passed and adopted, this the _____________ day of __________________, 20___. ATTEST: ___________________________BY:______________________________ COMMISSION CLERK MAYOR STATE OF GEORGIA, AUGUSTA-RICHMOND COUNTY I ____________________________ , as Clerk, do hereby certify that I am custodian of the books and records of the same, and that the above and foregoing copy of the original is now on file in my office, and was passed by the Mayor and Board of Commissioners of AUGUSTA- RICHMOND. WITNESS my hand and official signature, this the ________ day of _______________, 20_________. BY:__________________________________ CLERK GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT AFFIDAVIT Contractor’s Name:AUGUSTA-RICHMOND COUNTY Solicitation/Contract No. / Call No. or Project Description: PI# M005972 Resurface and maintain State Route 28 from 0.29 miles South of County Road 515/Lakewood Drive to CSX #633744F in Richmond County CONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, entity or corporation which is engaged in the physical performance of services on behalf of the Georgia Department of Transportation has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10- 91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization (EEV/E-Verify Company Identification Number) Name of Contractor I hereby declare under penalty of perjury that the foregoing is true and correct Printed Name (of Authorized Officer or Agent of Contractor)Title (of Authorized Officer or Agent of Contractor) Signature (of Authorized Officer or Agent)Date Signed SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF , 20_ Notary Public [NOTARY SEAL] My Commission Expires: Rev. 8/10/18 611-8050 ADJUST MANHOLE TO GRADE(611-8050) EA 43 1,000.00$ $ 43,000.00 -$ $ - -$ -$ 611-8140 ADJUST WATER VALVE BOX TO GRADE(611- EA 63 500.00$ $ 31,500.00 -$ $ - -$ -$ $ - -$ $ - -$ -$ $ - -$ $ - -$ -$ $ - -$ $ - -$ -$ $ - -$ $ - -$ -$ $ - -$ $ - -$ -$ $ - -$ $ - -$ -$ $ - -$ $ - -$ -$ $ - -$ $ - -$ -$ $ - -$ $ - -$ -$ $ - -$ $ - -$ -$ $ - -$ $ - -$ -$ $ - -$ $ - -$ -$ $ - -$ $ - -$ -$ $ - -$ $ - -$ -$ $ - -$ $ - -$ -$ $ - -$ $ - -$ -$ $ - -$ $ - -$ -$ $ - -$ $ - -$ -$ $ - -$ $ - -$ -$ $ - -$ $ - -$ -$ $ - -$ $ - -$ -$ $ - -$ $ - -$ -$ $ - -$ $ - -$ -$ $ - -$ $ - -$ -$ -$ $ - -$ -$ -$ $ - -$ -$ GDOT SHARE TOTAL Actual In-Kind Bid Cost TOTAL Actual Betterment Bid Cost TOTAL -$ 0.00%-$ -$ UTILITY OWNER SHARE CHECK RECEIVED -$ 100.00% NOTE:NOTES: 1 Actual Total Bid Cost Actual In-Kind Bid CostPay Item and Description Orig Est Cost TOTAL EST In-Kind TOTAL Betterment EST NON-REIMBURSIBLE / FACILITY OWNER SHARE TOTAL ESTIMATE IN-KIND & BETTERMENT Final QTY Final Cost P.I. M005972 - Richmond County - Augusta-Richmond County - Water and Sewer Facilities Orig Plan Total Qty In-Kind Items Orig Est Cost Orig Plan Total Qty Additional Description Orig Est Unit Price Actual Bid Costs Unit Betterment Items Actual Betterment Bid Cost In-Kind / Betterment Total Qty Actual Bid Total Qty Actual Bid Unit Price TOTAL Actual Bid Cost $ 74,500.00 $ - -$ TOTAL BID COST NON-REIMBURSIBLE / FACILITY OWNER SHARE TOTAL BID COST IN-KIND & BETTERMENT $ 74,500.00 $ 74,500.00 -$ -$ REIMBURSIBLE / GDOT SHARE TOTAL ESTIMATE IN-KIND (NON- REIMBURSABLE) FACILITY OWNER SHARE & BETTERMENT TOTAL BID COST / REIMBURSIBLE/ GDOT SHARE TOTAL BID COST IN-KIND (NON- REIMBURSABLE) FACILITY OWNER SHARE & BETTERMENT AMOUNT DUE FROM UTILITY OWNER -$ $ - $ 74,500.00 $ - -$ CIA SpreadsheestTemplate_M005972 Richmond County Augusta-Richmond 1/1 Commission Meeting Agenda 1/6/2021 2:00 PM Motion to Approve a Contract Item Agreement with Georgia Department of Transportation for GDOT Project PI M005974 Patching, Milling, and Topping 0.66 miles of State Route 104 (Washington Road) beginning from Fury Ferry Intersection and ending at Pleasant Department:Utilities Department:Utilities Caption:Motion to approve a Contract Item Agreement with Georgia Department of Transportation to include Augusta Utilities Department’s water valves and sanitary sewer manhole adjustments in the Georgia Department of Transportation contract, for GDOT Project PI M005974 Patching, Milling, and Topping 0.66 miles of State Route 104 (Washington Road) beginning from Fury Ferry Intersection and ending at Pleasant Home Road. Background:The Georgia Department of Transportation is undergoing maintenance to resurface State Route 104 (Washington Road). Due to these improvements, GDOT will need to raise and lower water valves and manholes that are in conflict with the GDOT project. GDOT and Augusta entered into a Memorandum of Understanding regarding this work to make the utility adjustments a standard bid item within the GDOT project. This was approved by the Commission on July 21, 2020. Analysis:Approving this contract item agreement will allow GDOT and Augusta Utilities Department to move forward with the plans to include water valves and sanitary sewer manhole adjustments in the GDOT project. Financial Impact:The financial impact is $6,000.00 based on the Pre-let Estimate drafted by GDOT. Funding is available from the accounts: G/L 512043490-5425410 J/L 82000080-5425410 Alternatives:No alternatives are recommended. Recommendation: Cover Memo Augusta Utilities Department recommend the Commission agree to the terms of the contract item agreement with GDOT in the amount of $6,000.00. Funds are Available in the Following Accounts: Funding is available from the accounts: G/L 512043490- 5425410 J/L 82000080-5425410 REVIEWED AND APPROVED BY: Cover Memo DeLorme Street Atlas USA® 2013 Data use subject to license. © DeLorme. DeLorme Street Atlas USA® 2013. www.delorme.com TN MN (6.9°W) 0 140 280 420 560 700 0 40 80 120 160 200 ftm Scale 1 : 5,200 1" = 433.3 ft Data Zoom 15-3 / Office of the Administrator ~~_,£;;_ J.rn• R. s;m" lnt<rim Admmi•tratoc St<.910-Municip.J Build;,. 0 E"' 0 R G I A Maurice McDowell, Interim Deputy Administrator 535 Telfair Street -Augusta, GA.30901 July 21, 2020 Mr. Tom Wiedmeier Utilities Director 452 Walker Street Augusta, GA 30901 Dear Tom: Tony McDonald, Deputy Administrator (706) 821-2400 -Fax (706) 821-2819 At the regular meeting held Tuesday, July 21, 2020, the Augusta, Georgia Commission took action on the following: 60. Approved the award of bid #20-181 for the construction of the alternate water feed to downtown Augusta to Legacy Water Group, LLC for $4,421,762.75. 62. Approved a motion to increase the funding for approved RFQ #18-263: task order program (2018) for the Utilities Department (AUD) in the amount of $3,000,000. 64. Approved the execution of the Mayor's signature on the furnished Memorandum of Understanding to include Augusta Utilities Department's water valves and sanitary sewer manhole adjustments in the Georgia Department of Transportation contract, for GDOT project PI M005972 patching, milling, and topping 3.82 miles of State Route 28 (Washington Road) beginning from Calhoun Bridge and ending at CSX Railroad. 65. Approved the execution of the Mayor's signature on the furnished Memorandum of Understanding to include Augusta Utilities Department's water valves and sanitary sewer manhole adjustments in the Georgia Department of Transportation contract, for GDOT project PI M005974 patching, milling, and topping 0.66 miles of State Route 104 (Washington Road) beginning from Fury Ferry intersection and ending at Pleasant Home Road. If you have any questions, please contact me. Interim Administrator Interoffice Memo FILE: Richmond County Office: Utilities- Atlanta PI # M005974 Date: August 19, 2020 FROM: Patrick Allen, P.E. State Utilities Administrator TO: Jamie Lindsey, District 2 Manager Attn.: Tonia Parker SUBJECT:Executed Memorandum of Understanding Augusta-Richmond County – Water & Sewer Facilities Attached for your use are two copies (originals) of the Contract item Agreement Memorandum of Understanding (MOU) for the above project which has been executed by the Department. Please forward one copy of the MOU to Augusta-Richmond County. If you have any questions contact, Marcela Coll at 404-347-0606. PA: SPJ: MGC: DW Attachment Georgia DOT Project: NIA County: Richmond GDOT P.I.: M005974 FlECOPY Page 1 of 3 Revised: March 2016 CONTRACT ITEM AGREEMENT MEMORANDUM OF UNDERSTANDING between the Georgia Department of Transportation (hereafter the DEPARTMENT) and Augusta-Richmond County (hereinafter called the OWNER) Whereas the DEPARTMENT proposes to undertake a project to patch, mill and top 0.66 miles of SR 104 Connector beginning at SR 28 to SR 104 in Richmond County by contract through competitive bidding, and: Whereas the OWNER has the following utility facilities which will be within the project limits: Twelve (12) Water Valves. Whereas the OWNER does not have adequate equipment and staff to adjust its facilities or for other reasons considers it advantageous to have this wo rk included in the roadway contract to be let by the DEPARTMENT; and, now therefore: The following is hereby mutually agreed to and understood by both parties: 1. The preliminary engineering, including preparation of detailed plans and contract estimate for the required water items will be accomplished by the OWNER or OWNER'S Consultant, the cost of which will be the responsibility of the OWNER. The plans shall provide for adjustment, relocation, or new installation of the OWNER'S facilities in accordance with the OWNER'S customary practices, standards, and details subject to conformance with the DEPARTMENT'S standard pay items and procedures for including such items in the project contract. In cases of discrepancy, the governing descending order will be as follows: (1) Special Provisions, (2) Project Plans (prepared by OWNER'S Consultant) including Special Plan Details, (3) Supplemental Specifications, (4) Standard Plans including DEPARTMENT'S Standard Construction Details, (5) Standard Specifications. The OWNER'S standard details should be labeled as "Special Plan Details" and included immediately in sequence behind the OWNER'S plans to avoid confusion with the DEPARTMENT's Standard Plans and Standard Construction Details. The OWNER shall provide plans using the DEPARTMENT'S title block design and in the current Microstation file format. 2. The plans and estimate shall be subject to approval by both the DEPARTMENT and OWNER prior to advertising for bids. Page 2 of 3 3. All work necessary for the adjustment or relocation of the described facilities in accordance with the final plans when approved shall be included in the highway contract and let to bid by the DEPARTMENT except as follows: If necessary, the Owner will provide additional temporary and pennanent easements, at its own expense, for any work outside of the acquisition limits shown on the project right of way plans and shall certify possession in accordance with DEPARTMENT requirements prior to the Certification deadline for the project. 4. All construction engineering (layout, inspection) and contract supervision shall be the responsibility of the DEPARTMENT and the DEPARTMENT shall be responsible to assure that all utility work is accomplished in accordance with plans and specifications and to consult with the OWNER before authorizing any changes or deviations which might affect the OWNER'S facility. Engineering for plan revisions for the OWNER'S facilities shall be the responsibility of the OWNER and OWNER'S Consultant. 5. The OWNER and OWNER'S Consultant shall have the right to visit and inspect the work at any time and advise the DEPARTMENT'S Engineer of any observed discrepancies or potential problems. The cost of any OWNER or OWNER'S Consultant's visits or inspections will be the responsibility of the OWNER. The DEPARTMENT agrees to notify the OWNER when all utility work is complete and ready for final inspection and invite the OWNER to attend the final inspection or provide a corrections list to the DEPARTMENT prior to the final inspection. 6. After award of the highway contract, the OWNER will continue to maintain its pre- existing facilities until adjustment or relocation has been finalized or the pre-existing facilities have been taken out of service. Once adjustment or relocation begins on a segment of the facilities, the DEPARTMENT or its contractor will be responsible for the maintenance of the adjusted or relocated facilities until final acceptance is made for the work. 7. Upon Maintenance Acceptance or Final Acceptance of the utility work included in the contract and upon certification by the DEPARTMENT'S Engineer and the OWNER, that the work has been completed in accordance with the plans and specifications, the OWNER will accept the adjusted, relocated, and additional facilities and will thereafter operate and maintain said facilities located within the PROJECT right of way subject to the DEPARTMENT'S "Utility Accommodation Policy and Standards Manual, current edition" and any agreements in effect without further cost to the DEPARTMENT or it's CONTRACTOR. 8. The DEPARTMENT and OWNER agree that all matters will be governed by the DEPARTMENT'S Utility Accommodation Policy and Standards. It is contemplated by the DEPARTMENT and OWNER that a Contract Item Agreement will be executed by both parties that will supersede this memorandum. The cost for the utility facilities shall be the responsibility of the OWNER and reimbursement to the DEP ARTMEMT shall be handled thru a Contract Item Agreement. 8/19/2020 APPROVED FOR THE OWNER BY: APPROVED FOR THE DEPARTMENT BY: (Signature) State Utilities Administrator (Title) Contract Item Agreement to be required? YES Preliminary Engineering Agreement to be required? No 1' I' I t. ... ~"'~ ..... "\ .......... ,. •· .. ~., . ., ..... ., ···~· ........ Page 3 of 3 ' ' ... County:State Route: Project Description: Yes No Would you like for your facilities to be adjusted in the GDOT contract: If yes, a Contract Item Agreement will be required. The cost for adjustments will be at the utility owner's expense. Richmond Milling and Resurfacing SR104 Connector SR104 Conn MANHOLE, VALVE AND UTILITY ASSESSMENT FORM No Does any cathodic protection require payment cuts: Anticipated date to install cathodic protection: Are any proposed future taps and/or services anticipated that involve pavement cuts: Valves to remain under pavement after resurfacing Total Valves Estimated days to complete the work prior to milling Estimated days to complete the work after resurfacing Total Days Manholes to remain under pavement after milling "Barton-Southern" style manhole Total Manholes Manholes to be adjusted prior to milling (lowered) Manholes to be adjusted after resurfacing (raised) DESCRIPTION Valves to be adjusted prior to milling (lowered) Valves to be adjusted after resurfacing (raised) Date: Utility Owner: Preparer: Proposed pavement cuts anticipated:Yes No If yes, describe repairs needed: X Email: Sean Barr Augusta Utilities Office No. 706-312-4131 706-513-7008Cell No. 12/20/2019 The Department recommends that corrective work or needs for future taps and services that require pavement cuts be done in advance of this project. A permit application through the Georgia Utility Permitting System (GUPS) will be required to cover any proposed work. Disclaimer: This form is provided for information only. All attempts have been made to provide reliable information based on the milling and/or resurfacing limits. X X Leak test performed:Yes No Date Performed: Repairs needed:Yes X X 0 12 12 0 COMMENTS/DEPENDENT ACTIVITIES QUANTITY QUANTITY QUANTITY DESCRIPTION DESCRIPTION COMMENTS/DEPENDENT ACTIVITIES Yes X No COMMENTS/DEPENDENT ACTIVITIES If yes, the anticipated date of installation: Yes No Anticipated date to complete repairs: Total Valves is 12 24 Page 1 of 1 ITEM #: UNITS QUANTITY DESCRIPTION UNIT PRICE TOTAL 611‐8050 EA 0 ADJUST MANHOLE TO GRADE $1,000.00 $0.00 611‐8140 EA 12 ADJUST WATER VALVE TO GRADE $500.00 $6,000.00 TOTAL $6,000.00 SUMMARY OF QUANTITIES AUGUSTA‐RICHMOND COUNTY P.I. NO. M005974 ‐ RICHMOND COUNTY ‐ SR 104 CONN FROM SR 28 TO SR 104 Russell R. McMurry, P.E., Commissioner One Georgia Center 600 West Peachtree Street, NW Atlanta, GA 30308 (404) 631-1000 Main Office August 19, 2020 Honorable Mayor Hardie Davis, Jr. Augusta-Richmond County 535 Telfair Street Suite 200 Augusta, GA 30901 Subject: PI No. M005974 Richmond County Contract Item Agreement – Water and Sewer Facilities Dear Mr. Hart: In accordance with your request, the adjustment of water and sewer facilities belonging to the Augusta- Richmond County is being included in the Department's contract for the roadway work on the above numbered project. We are transmitting three counterparts of an undated Contract Item Agreement which sets forth the conditions under which the State agrees to have its Contractor perform the work and by which Augusta- Richmond County will reimburse the Department for this work. As outlined in Article 8, the non- binding Pre-let estimate including betterment for this work is $6,000.00 of which the Department will bear 0% or $0.00 and Augusta-Richmond County will bear 100% or $6,000.00. Also, attached is a cost estimate supporting the Agreement. If the Agreement meets with your approval, please handle for execution on behalf of Augusta-Richmond County and return all three (3) counterparts to the State of Georgia, Office of Utilities, One Georgia Center, 600 West Peachtree Street, 10th Floor, Atlanta, Georgia 30308, for execution on behalf of the Department. In this connection, be sure to have two witnesses (one of which must be a notary public) sign the Agreement. Please be certain that the notary public affixes his/her seal alongside their signature. Also, complete the attached resolution form and insert the date of resolution on page 5 of the Agreement. The Official Seal of Augusta-Richmond County is also required to be affixed to each counterpart in compliance with instructions from our Attorney General's Office. Also please provide the Augusta-Richmond County’s Federal Employee Identification Number (FEIN) in the blank shown on page 4 of the Agreement. In accordance with Articles 8, 9, and 10 of the Agreement, the Department shall notify Augusta- Richmond County in writing of the amount due the Department based upon the aforementioned commitment letter at the time of execution. At that time a check for the amount required to perform the work will be requested as outlined in the Agreement. The Department will refund any overpayment or Mr. Hardie Davis, Jr. PI No. M005974 Richmond County Contract Item Agreement Undated – Water and Sewer Facilities August 19, 2020; Page 2 of 2 request in writing that August-Richmond County pay the Department the revised amount as determined by the aforesaid method. If you have any questions or need further information, please contact David Woodcox at 404-347-0605 or by email at dwoodcox@dot.ga.gov. Please send correspondence by mail addressed to State of Georgia, Office of Utilities, One Georgia Center, 600 West Peachtree Street, 10th Floor, Atlanta, Georgia 30308 for execution on behalf of the Department. Very Truly Yours, Shajan Joseph, P.E. Assistant State Utilities Administrator For: Patrick Allen, P.E. State Utilities Administrator PA: SPJ: MGC: DW Attachments (Agreement and Estimate) cc: Corbett Reynolds, District 2 Engineer Jamie Lindsey, District 2 Utilities Manager Marcela Coll, Utilities Preconstruction Manager Danah Bonny, Utilities Preconstruction Specialist Abdulvahid Munshi, Utility Coordinator Account No. – Class: 733005- 309 Department ID: 4848010000 Program No.: 4181401 STANDARD UTILITY AGREEMENT CONTRACT ITEM AGREEMENT Georgia Project No.: N/A, Richmond County G.D.O.T. P.I. No.: M005974 THIS AGREEMENT, made this ___________________________ , by and between the Department of Transportation, an agency of the State of Georgia, hereinafter called the DEPARTMENT, first party, and Augusta-Richmond County, a political subdivision of the State of Georgia, hereinafter called the LOCAL AGENCY, second party; WITNESS that: WHEREAS, the DEPARTMENT proposes under the above numbered project to resurface and maintain State Route 104 Connector from State Route 28 to State Route 104 in Richmond County, Georgia; and WHEREAS, due to the construction of this project, it will become necessary to make certain adjustments or additional installation of utility facilities of the LOCAL AGENCY, the cost of which shall be determined in accordance with Articles 8, 9, & 10 below; and WHEREAS, the LOCAL AGENCY has requested that the DEPARTMENT include the adjustment or installation of water and sewer facilities in its highway construction contract as shown on the attached plans; and WHEREAS, this Agreement being for the sole purpose of providing a contractor for work performed on the LOCAL AGENCY'S water and sewer facilities, the LOCAL AGENCY shall bear the cost of said work to be determined as hereinafter set forth; WHEREAS, the preliminary engineering, including preparation of detailed plans and contract estimate for adjustment of the utilities described above have been accomplished by the LOCAL AGENCY; WHEREAS, the plans for the utility work have been approved by both the DEPARTMENT and the LOCAL AGENCY prior to commencing work; NOW THEREFORE, in consideration of the premises and the mutual covenants of the parties hereinafter set forth, it is agreed: 1. All construction engineering and contract supervision shall be the responsibility of the DEPARTMENT and the DEPARTMENT shall be responsible to assure that all utility work is accomplished in accordance with plans and specifications and to consult with the LOCAL AGENCY or LOCAL AGENCY’S Consultant before authorizing any changes or deviations which affect the LOCAL AGENCY’S facility. STANDARD UTILITY AGREEMENT CONTRACT ITEM AGREEMENT 2 2. The LOCAL AGENCY or the LOCAL AGENCY’S Consultant shall have the right to visit and inspect the work at any time and advise the DEPARTMENT’S Engineer of any observed discrepancies or potential problems. The DEPARTMENT agrees to notify the LOCAL AGENCY when all utility work is completed and ready for final inspection by the LOCAL AGENCY. 3. It is specifically understood that the project number shown above is for the DEPARTMENT'S identification purposes only and may be subject to change by the DEPARTMENT. In the event it becomes necessary for the DEPARTMENT to assign a different project number, the DEPARTMENT shall notify the LOCAL AGENCY of the new project designation. Such change in project designation shall have no effect whatsoever on any of the other terms of this Agreement. 4. The DEPARTMENT shall include in its contract for this project all work necessary to accomplish the adjustment of the LOCAL AGENCY'S facilities as shown on the highway plans along with the necessary specifications to assure that the work conforms to sound construction practices. 5. In the event it becomes necessary to add pay items that are not provided for in the contract, the DEPARTMENT shall negotiate prices with the contractor and enter into a supplemental agreement with the contractor for completion of the additional items. Upon notification, the LOCAL AGENCY shall furnish a check for the additional cost as determined in Article 8 below. 6. The DEPARTMENT shall furnish on the project the construction engineering inspection and testing by its own forces required to assure that the work is done in accordance with the plans, specifications and Special Provisions. 7. Upon completion of the work and upon certification by the DEPARTMENT'S engineers that the work has been completed in accordance with the aforesaid plans and specifications, the LOCAL AGENCY shall accept the adjusted and additional facilities and shall thereafter operate and maintain the adjusted and additional facilities without further cost to the DEPARTMENT or its contractor. Such maintenance and all operations and activities shall be subject to the DEPARTMENT'S rules, policies and procedures as contained in its Utility Accommodation Policy and Standards, current edition. 8. The DEPARTMENT shall include in its highway contract those items shown as "materials" for permanent installation on the aforesaid plans. The price bid for the appropriate items shall include all labor, materials and incidentals necessary to complete the work. The cost of the requested work shall be determined from unit quantities and unit prices as shown in the DEPARTMENT’S tabulation of bids. The approximate non-binding pre-let estimate, not including betterment, is $6,000.00 based on the LOCAL AGENCY’S estimate attached hereto of which the Department shall bear $0.00 or 0% and the LOCAL AGENCY shall bear $6,000.00 or 100%. STANDARD UTILITY AGREEMENT CONTRACT ITEM AGREEMENT 3 9. It is mutually agreed that as soon as practicable after the opening of bids and acceptance of a bid by the DEPARTMENT, the DEPARTMENT shall notify the LOCAL AGENCY in writing of the amount due the DEPARTMENT. The LOCAL AGENCY shall pay to the DEPARTMENT the amount due within sixty (60) days. 10. It is further mutually agreed that the final cost of the work performed on behalf of the LOCAL AGENCY shall be determined by measurement of the actual quantities of installed materials, including added items under Article 5, multiplied by the actual bid prices. Accordingly, after the project has been completed, the DEPARTMENT shall determine the final cost to be borne by the LOCAL AGENCY and, as the case may be, shall refund to the LOCAL AGENCY or shall request of the LOCAL AGENCY an additional payment in the amount of the difference between the final cost to be borne by the LOCAL AGENCY and the amount which the LOCAL AGENCY has previously paid to the DEPARTMENT. In the event additional payment is due to the DEPARTMENT, the LOCAL AGENCY agrees to pay same within sixty (60) days after the statement is received from the DEPARTMENT. In the event a refund is due the LOCAL AGENCY, the DEPARTMENT agrees to pay the LOCAL AGENCY within sixty (60) after the refund amount is determined or final acceptance is made by the DEPARTMENT. 11. The covenants herein contained shall, except as otherwise provided, accrue to the benefit of and be binding upon the successors and assigns of the parties hereto. 12. Pursuant to O.C.G.A. Sec. 50-5-85, LOCAL AGENCY hereby certifies that it is not currently engaged in, and agrees that for the duration of this contract, it will not engage in a boycott of Israel. 13. It is mutually agreed between the parties hereto that this document shall be deemed to have been executed in the Fulton County, Georgia, and that all questions of interpretation and construction shall be governed by the laws of the State of Georgia. 14. This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. STANDARD UTILITY AGREEMENT CONTRACT ITEM AGREEMENT 4 IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals, caused this Agreement to be executed in three counterparts, each to be considered as original by their authorized representative the day and date hereinabove written. AUGUSTA-RICHMOND COUNTY BY:_____________________________ MAYOR BY:_____________________________ NOTARY PUBLIC (SEAL) SWORN TO AND SUBSCRIBED BEFORE ME THIS __ DAY OF _______________, 20_______. _________________________ Notary Public My commission expires: Signed on behalf Augusta-Richmond County pursuant to resolution dated __________. ************************************ FEIN______________________________ BY: ___________________________ ************************************ SECRETARY/ASST.SECRETARY (OFFICIAL SEAL) _______________________________________________________________________________ RECOMMENDED: ACCEPTED: DEPARTMENT OF TRANSPORTATION BY: ________________________________ STATE UTILITIES ADMINISTRATOR BY: _________________________________ COMMISSIONER PROJECT NO.: N/A Signed, sealed and delivered this __________ COUNTY: RICHMOND day of ____________________, 20________, G.D.O.T. P.I. NO.: M005974 DATE: August 19, 2020 DW (OFFICIAL SEAL OF THE DEPARTMENT) I attest that the seal imprinted herein is the Official Seal of the DEPARTMENT. BY:______________________________ TREASURER OFFICIAL CUSTODIAN OF THE SEAL STANDARD UTILITY AGREEMENT CONTRACT ITEM AGREEMENT 5 RESOLUTION STATE OF GEORGIA AUGUSTA-RICHMOND COUNTY BE IT RESOLVED by the Mayor and Board of Commissioners of AUGUSTA- RICHMOND COUNTY, and it is hereby resolved, that the foregoing attached Agreement, relative to project P.I. No. M005974 to resurface and maintain State Route 104 Connector from State Route 28 to State Route 104 in Richmond County and that Hardie Davis, Jr. as Mayor and _________________________, as Clerk, be and they are, thereby authorized and directed to execute the same for and in behalf of said by the MAYOR and BOARD OF COMMISSIONERS of AUGUSTA-RICHMOND COUNTY. Passed and adopted, this the _____________ day of __________________, 20___. ATTEST: ___________________________ BY:______________________________ COMMISSION CLERK MAYOR STATE OF GEORGIA, AUGUSTA-RICHMOND COUNTY I ____________________________ , as Clerk, do hereby certify that I am custodian of the books and records of the same, and that the above and foregoing copy of the original is now on file in my office, and was passed by the Mayor and Board of Commissioners of AUGUSTA- RICHMOND. WITNESS my hand and official signature, this the ________ day of _______________, 20_________. BY:__________________________________ CLERK 611-8050 ADJUST MANHOLE TO GRADE(611-8050) EA 0 1,000.00$ $ - -$ $ - -$ -$ 611-8140 ADJUST WATER VALVE BOX TO GRADE(611- EA 12 500.00$ $ 6,000.00 -$ $ - -$ -$ $ - -$ $ - -$ -$ $ - -$ $ - -$ -$ $ - -$ $ - -$ -$ $ - -$ $ - -$ -$ $ - -$ $ - -$ -$ $ - -$ $ - -$ -$ $ - -$ $ - -$ -$ $ - -$ $ - -$ -$ $ - -$ $ - -$ -$ $ - -$ $ - -$ -$ $ - -$ $ - -$ -$ $ - -$ $ - -$ -$ $ - -$ $ - -$ -$ $ - -$ $ - -$ -$ $ - -$ $ - -$ -$ $ - -$ $ - -$ -$ $ - -$ $ - -$ -$ $ - -$ $ - -$ -$ $ - -$ $ - -$ -$ $ - -$ $ - -$ -$ $ - -$ $ - -$ -$ $ - -$ $ - -$ -$ $ - -$ $ - -$ -$ $ - -$ $ - -$ -$ -$ $ - -$ -$ -$ $ - -$ -$ GDOT SHARE TOTAL Actual In-Kind Bid Cost TOTAL Actual Betterment Bid Cost TOTAL -$ 0.00%-$ -$ UTILITY OWNER SHARE CHECK RECEIVED -$ 100.00% NOTE:NOTES: 1 Actual Total Bid Cost Actual In-Kind Bid CostPay Item and Description Orig Est Cost TOTAL EST In-Kind TOTAL Betterment EST NON-REIMBURSIBLE / FACILITY OWNER SHARE TOTAL ESTIMATE IN-KIND & BETTERMENT Final QTY Final Cost P.I. M005974 - Richmond County - Augusta-Richmond County - Water and Sewer Facilities Orig Plan Total Qty In-Kind Items Orig Est Cost Orig Plan Total Qty Additional Description Orig Est Unit Price Actual Bid Costs Unit Betterment Items Actual Betterment Bid Cost In-Kind / Betterment Total Qty Actual Bid Total Qty Actual Bid Unit Price TOTAL Actual Bid Cost $ 6,000.00 $ - -$ TOTAL BID COST NON-REIMBURSIBLE / FACILITY OWNER SHARE TOTAL BID COST IN-KIND & BETTERMENT $ 6,000.00 $ 6,000.00 -$ -$ REIMBURSIBLE / GDOT SHARE TOTAL ESTIMATE IN-KIND (NON- REIMBURSABLE) FACILITY OWNER SHARE & BETTERMENT TOTAL BID COST / REIMBURSIBLE/ GDOT SHARE TOTAL BID COST IN-KIND (NON- REIMBURSABLE) FACILITY OWNER SHARE & BETTERMENT AMOUNT DUE FROM UTILITY OWNER -$ $ - $ 6,000.00 $ - -$ CIA Spreadsheest M005974 Richmond County Augusta-Richmond 1/1 GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT AFFIDAVIT Contractor’s Name: AUGUSTA-RICHMOND COUNTY Solicitation/Contract No. / Call No. or Project Description: PI# M005974 Resurface and maintain State Route 104 Conn from State Route 28 to State Route 104 in Richmond County CONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, entity or corporation which is engaged in the physical performance of services on behalf of the Georgia Department of Transportation has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10- 91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization (EEV/E-Verify Company Identification Number) Name of Contractor I hereby declare under penalty of perjury that the foregoing is true and correct Printed Name (of Authorized Officer or Agent of Contractor) Title (of Authorized Officer or Agent of Contractor) Signature (of Authorized Officer or Agent) Date Signed SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF , 20_ Notary Public [NOTARY SEAL] My Commission Expires: Rev. 8/10/18 Commission Meeting Agenda 1/6/2021 2:00 PM Sanitary Sewer Connection Program Department: Department: Caption:Update from the Utilities Department on the Sanitary Sewer Connection Program- areas serviced, scheduled areas, and future scheduled areas. (Requested by Commissioner Sammie Sias) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 1/6/2021 2:00 PM Solid Waste Management Plan Update Department:Environmental Services Department:Environmental Services Caption: Update of the Joint Solid Waste Management Plan (Augusta, Georgia, City of Blythe, Georgia, and City of Hephzibah, Georgia) 2008-2017 to cover the years 2019-2028. Background:On Tuesday, August 18, 2020 the Augusta Commission approved updating and revising Augusta’s Solid Waste Management Plan with the inclusion of the Dixon Airline Recycling, LLC Construction & Demolition (C&D) debris facility. On Tuesday, August 18, 2020 the Augusta Commission approved updating and revising Augusta’s Solid Waste Management Plan with the inclusion of the Dixon Airline Recycling, LLC Construction & Demolition (C&D) debris facility. Geosyntec Consultants has been retained by Augusta, Georgia to make the necessary revisions. The cities of Blythe, Georgia and Hephzibah, Georgia have been approached to join the update process. Analysis:Augusta, Georgia along with the cities of Blythe, Georgia and Hephzibah, Georgia adopted a Joint Solid Waste Management Plan in 2008. It covers a ten-year period from 2008-2017. In 2017 Augusta, Georgia began the process of updating the Plan to cover the next ten years. The current Plan remains in effect until it is amended. In 2019, Dixon Airline Recycling, LLC approached the Augusta Commission to obtain a Letter of Consistency with the current Joint Solid Waste Management Plan for its proposed Construction & Demolition (C&D) debris facility. It was determined that the original Plan needed to be amended to include this facility in its Waste Disposal Chapter, Disposal Inventory Section. The aforementioned change has been made in the proposed Solid Waste Management Plan Update prepared by Geosyntec Consultants. Financial Impact:N/A Cover Memo Alternatives:1. Do not approve the proposed Solid Waste Management Plan Update. The Dixon Airline Recycling, LLC Construction & Demolition (C&D) debris facility will not be included in the Waste Disposal Chapter, Disposal Inventory Section. 2. Approve the proposed Solid Waste Management Plan Update without the inclusion of the Dixon Airline Recycling, LLC C&D facility. Recommendation:The Environmental Services Department recommends approving the proposed Solid Waste Management Plan Update with the inclusion of the Dixon Airline Recycling LLC, Construction & Demolition (C&D) debris facility. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Cover Memo Table of Contents i Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department TABLE OF CONTENTS Chapter 1 INTRODUCTION ............................................................................................................... 1-5 Chapter 2 WASTE DISPOSAL STREAM ANALYSIS .............................................................................. 2-1 Chapter 3 WASTE REDUCTION ELEMENT ......................................................................................... 3-1 Chapter 4 WASTE COLLECTION ........................................................................................................ 4-1 Chapter 5 WASTE DISPOSAL ............................................................................................................. 5-1 Chapter 6 LAND LIMITATION ELEMENT ........................................................................................... 6-1 Chapter 7 EDUCATION AND PUBLIC OUTREACH .............................................................................. 7-1 Chapter 8 GOALS AND STRATEGIES ................................................................................................. 8-1 Tables Table 1-1: Population Projections .............................................................................................................. 1-9 Table 1-2: Housing Occupancies ................................................................................................................ 1-9 Table 1-3: Survey of Firms by NAICS Code ................................................................................................. 1-9 Table 1-4: Employment Sectors, Number of Employees ......................................................................... 1-10 Table 2-1a: Waste Disposed at Augusta Landfill ** ................................................................................... 2-1 Table 2-1b: Adjusted Waste Disposed at Augusta Landfill *** ................................................................. 2-2 Table 2-2: Per Capita Waste Disposal ....................................................................................................... 2-2 Table 2-3: 10 Year Probability of Extreme Event ....................................................................................... 2-3 Table 2-4: 10-Year Projected Tons Disposed ............................................................................................. 2-4 Table 2-5: Projected Per Capita Waste Disposal ........................................................................................ 2-4 Table 2-6: Waste Composition Study - Sampling Schedule ....................................................................... 2-6 Table 2-7: Daily Sampling Plan ................................................................................................................... 2-6 Table 3-1: Recycling Programs ................................................................................................................... 3-2 Table 3-3: Businesses Accepting Recyclables............................................................................................. 3-3 Table 3-4: Recycling Facilities .................................................................................................................... 3-4 Table 3-5: Management of Special Materials ............................................................................................ 3-5 Table 3-6: 2018 Augusta Curbside Recyclables Received at Goshen Transfer Station .............................. 3-8 Table 5.1 - List of Permitted Collection Entities in Augusta * .................................................................... 4-2 Table of Contents ii Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department Figures Figure A: Planning Area .............................................................................................................................. 1-7 Figure B: Topographic Information ............................................................................................................ 1-8 Figure 2-1: Composition of Residential Waste Disposed (% by Weight) ................................................... 2-9 Figure 2-2: Composition of Commercial Waste Disposed (% by Weight) ................................................ 2-10 Figure 2-3: Composition of Aggregate Waste Disposed (% by Weight) ................................................... 2-11 Figure 3-1: Estimated Composition of Augusta Waste Landfilled In 2017 (Tons, % by Weight) ............ 3-10 Figure 3-2: Composition of In-County Commercial Bulky Waste/C&D Debris Landfilled in 2017 (% by Weight) ............................................................................................................................................ 3-11 Figure C: Watershed Areas ........................................................................................................................ 6-4 Figure D: Ground Water Recharge Areas ................................................................................................... 6-5 Figure E: Wetlands Areas ........................................................................................................................... 6-6 Figure F: Savannah River Corridor ............................................................................................................. 6-7 Figure G: Floodplain Areas ......................................................................................................................... 6-8 Figure H: Existing 2017 Land Use Map ....................................................................................................... 6-9 Figure I: National Register Historic District .............................................................................................. 6-10 Figure 7-1: ESD Online Menu ..................................................................................................................... 7-3 Figure 7-2: Augusta’s Online Waste-Wizard Interface ............................................................................... 7-4 Appendices Appendix 1 Landfill Capacity Assurance Letter Appendix 2 Waste Composition Study Data Table 2-8: Composition of Residential Waste Disposed (% by weight) Table 2-9: Composition of Commercial Waste Disposed (% by weight) Table 2-10: Composition of Aggregate Waste Disposed (% by weight) Table 2-11: Comparison of Current WCS to 2004 WCS (% by weight) Table 2-12: Composition of Bulky/C&D Waste from Visual Audits Figure 2-1: Composition of Residential Waste Disposed (% by Weight) Figure 2-2: Composition of Commercial Waste Disposed (% by Weight) Figure 2-3: Composition of Aggregate Waste Disposed (% by Weight) Figure 2-4: Composition of C&D Debris/Bulky Waste (% by Volume and Weight) Attachment A – Material Categories Attachment B - Residential Sample Results Attachment C - Commercial Sample Results Attachment D - Visual Audit Results Attachment E – Photos of Visual Audit Loads Table of Contents iii Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department Acronyms C&D Construction and Demolition CSRA Central Savannah River CY Cubic Yards DCA Department of Community Affairs DNR Department of Natural Resources E&PI Education and Public Involvement EPA Environmental Protection Agency EPD Environmental Protection Division ESD Environmental Services Department E-waste Electronics FEMA Federal Emergency Management Agency FRC Food Recovery Challenge FWC Food Waste Challenge HDPE high density polyethylene HVAC Heating Ventilation and Air Conditioning KAB Keep America Beautiful KAUGB Keep Augusta Beautiful KCI Kessler Consulting, Inc. LEOP Local Emergency Operations Plan MRF Material Recovery Facility MSA Metropolitan Statistical Area MSW Municipal Solid Waste MSWL Municipal Solid Waste Landfill NA Not Available NAICS North American Industry Classification System OCC Old Corrugated Cardboard PET Polyethylene Terephthalate RDC Regional Development Center RDF Refuse Derived Fuel RPC Recycling Program Coordinator SL Solid Waste Landfill SWMP Solid Waste Management Plan U.S. United States WCS Waste Composition Study WTE Waste-to-Energy Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department CHAPTER 1 INTRODUCTION Chapter 1 Introduction 1-5 Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department Chapter 1 INTRODUCTION This Solid Waste Management Plan (SWMP) was developed by the City of Augusta’s (Augusta’s) Environmental Services Department (ESD), with input and support from other governmental departments, citizens, and consultants. It describes how solid waste and recovered materials will be managed for the period of 2020-2029. Local governments in Georgia are required to be part of an SWMP. This SWMP is an update to the Joint Solid Waste Management Plan 2008-2017 published in October of 2008 by Augusta, along with the cities of Hephzibah and Blythe. There have been changes in Georgia state law regarding solid waste plans since Augusta adopted its last Joint Solid Waste Management Plan in 2008. In 2011, the Georgia Assembly passed Georgia Act No. 76, which eliminated the solid waste management planning review and approval process by Regional Commissions and Department of Community Affairs (DCA) and removed the requirement that counties and cities follow the planning standards or guidance previously established by the DCA. The amendment provides latitude in the development of a plan and encourages counties and cities to establish procedures and standards for updating SWMPs that meet their specific needs and encourages recycling for the benefit of the state-wide economy. While counties and other local governments are still required to prepare and adopt a SWMP, the minimum requirements now include three components: 1. demonstration of adequate solid waste collection capability and disposal capacity for 10 years; 2. identification of the type and size of solid waste handling facilities within their county; and 3. identification of geographic sites that are not suitable for solid waste handling facilities based upon environmental and land-use factors. In addition, any new or updated plan requires a two-week public notice period. This SWMP goes beyond these minimal requirements to provide a more robust assessment. This plan describes the solid waste stream size and composition, waste reduction and recycling programs, collection and disposal, public education efforts, and goals, and it outlines the land limitations within the planning area relative to the siting and expansion of solid waste handling facilities, as well as the process for determining if proposed facilities are consistent with this SWMP. It also presents programs and strategies, including an implementation schedule. This SWMP is organized in seven sections, each addressing a critical component in the solid waste management planning process. These include: 1. Waste Disposal Stream Analysis 2. Waste Reduction 3. Waste Collection 4. Disposal 5. Land Limitations 6. Education and Public Outreach (E&PO) 7. Goals and Strategies Chapter 1 Introduction 1-6 Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department The planning process began with an analysis of the waste disposal stream. This analysis was used as an input to the analysis of the next five components. Commonly defined as “core elements” of a Georgia SWMP, these components are:  Waste Reduction  Waste Collection  Disposal  Land Limitations  Education and Public Outreach (E&PO) Each of these elements was evaluated through a process that includes the following steps: 1. an inventory of programs and/or infrastructure; 2. an assessment under existing and projected conditions, contingency planning; and 3. the development of statement of needs, goals and strategies. A working committee composed of members of the Augusta ESD, consultants, and officials from Augusta directed the planning effort. The study was initiated in February of 2018. A public workshop was held on June 19, 2019. The contact person for the Joint Solid Waste Management Plan for Augusta and the cities of Blythe and Hephzibah is: Mr. Mark Mehall Director, Augusta Environmental Services Department 4330 Deans Bridge Road Blythe, Georgia 30805 Phone : 706-592-3200 Fax : 706-592-1658 Email : SolidWasteCollection@augustaga.gov Website: http://www.augustasolidwaste.com 1.1 SOLID WASTE PLANNING AREA Augusta and the cities of Hephzibah and Blythe are located in east central Georgia. Augusta is approximately 150 miles west of the Atlantic Ocean and is bordered by the Savannah River to the northeast, Burke and Jefferson counties to the south, and Columbia County to the northwest. The center of Augusta lies roughly 121 miles southeast of Athens and 141 miles northwest of Savannah, Georgia. Augusta occupies a land area of 207,386 acres (324.04 square miles) plus 2,823 acres (4.41 square miles) of water area. In terms of land area, Augusta ranks 90th of Georgia’s 159 counties. Augusta and surrounding counties and municipalities are members of the Central Savannah River Area (CSRA) Regional Development Center (RDC), which is a public sector, non-profit planning and development agency that serves a 13-county and 39-city region in the eastern portion of central Georgia. The home office for the CSRA RDC is in Augusta. Augusta is also part of a metropolitan statistical area (MSA) with Columbia, McDuffie, and Burke counties Chapter 1 Introduction 1-7 Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department in Georgia and Aiken and Edgefield counties in South Carolina. An MSA is a defined area used by federal agencies in collecting, tabulating, and publishing statistics. The metropolitan area contains a core urban area with a population of at least 50,000 and consists of one or more counties that have a high degree of social and economic integration with the urban core. In 1996, Augusta consolidated with Richmond County to form Augusta, Georgia. The consolidated governing body consists of a Mayor and 10 Augusta Commissioners. Augusta is Georgia’s second largest city. The cities of Hephzibah and Blythe and approximately half of the military installation base at Fort Gordon are also located within Augusta. 1.2 TOPOGRAPHIC SETTING Augusta is in east central Georgia next to the Savannah River. It straddles the Fall Line, a geological boundary following the Appalachian mountain range from Alabama to New York. In Georgia and South Carolina, the Fall Line separates the Piedmont from the Coastal Plain. The Savannah River and its tributaries drain most of Augusta. According to the United States (U.S.) Department of Agriculture, Augusta is situated in three major land resource areas: the Southern Piedmont, the Carolina and Georgia Sandhills, and the Southern Coastal Plain. The Southern Piedmont covers the extreme northern part of Augusta and consists of broad to narrow ridge-tops and long irregular hillsides bisected by numerous small, winding drainage-ways. The Carolina and Georgia Sandhills are in the northern and western parts of Augusta, and they separate the Southern Piedmont from the Southern Coastal Plain. The Southern Coastal Plain covers the southern and southeastern parts of Augusta and is characterized by broad ridge-tops and hillsides extending to drainage-ways. The nearly level floodplains of the Savannah River are in the eastern and northern parts of Augusta and on the narrower basins of its tributaries. Elevations range between 100-140 feet along the Savannah River and 500 feet or more on the high ridges on Fort Gordon. More than half of the total land area has a slope of less than 5%, and more than 85% of the land has less than 10% slope. Less than 2% of the land area has slope greater than 15%. The steepest slopes are found along Butler, Spirit, and Little Spirit Creeks. Most areas with steep slopes are located either within floodplains or on Fort Gordon, which are regulated by local ordinance. Figure A: Planning Area Chapter 1 Introduction 1-8 Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department Fort Gordon is about 56,000 acres, or 100 square miles, and is primarily contained in Augusta with small portions of Columbia, Jefferson, and McDuffie counties. Fort Gordon is the home of the U.S. Army’s Signal Center and School and Dwight D. Eisenhower Army Medical Center/Southeast Regional Medical Command, as well as a host of other command and agencies from across the joint forces (Army, Navy, Air Force, Marine, and multinational forces) of the U.S. While many of Fort Gordon’s activities center on support and “force readiness,” a great number of resources are also expended on communications and other training. Besides training the full-time military, Fort Gordon provides year-round instruction to reservists, in addition to active officer and non-commissioned officer students. Fort Gordon also hosts elements of other Army units and services such as ordnance, intelligence, communication labs, and band and headquarters units. The installation is home to the U.S. Army Signal Museum and actively supports the formal partnership between the U.S. Army and the National Science Center Fort Discovery. Fort Gordon and the Army Signal Museum are located in Augusta, Georgia. 1.3 LAND USE Figure B depicts a topographical map of Augusta with a Landcover overlay. 1.4 POPULATION AND HOUSING CHARACTERISTICS The estimated population of the planning area is 202,507 with a projection of continued, slow, and steady growth. The last U.S. Census in 2010 showed that Augusta had a population of 195,844. The projections made for Augusta are based on an analysis of the population trends over the past 10 years. Despite the 1.7% decline in population from 2000-2010, Augusta experienced a 0.7% increase from 2010-2017. An approximately 1.0% population growth is projected over the planning period. The population projections are shown in Table 1-1. These projections are based on the assumption that the city limits of Augusta will not change. Georgia law prohibits municipal annexation within three miles of another municipality. Augusta shares a common border with both the cities of Hephzibah and Blythe. The projections also assume that the cities of Hephzibah and Blythe will continue to account for a relatively small percentage of Augusta’s total population. Figure B: Topographic Information Chapter 1 Introduction 1-9 Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department Table 1-1: Population Projections 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 Population Projections 201,616 202,061 202,507 202,953 203,401 203,850 204,300 204,751 205,202 205,655 206,109 206,563 Source: Augusta Economic Development, Development Authority of Richmond County Some areas in the State of Georgia experience seasonal population variances due to increase in tourism, large annual events, and/or large student populations. These variances typically generate an additional amount of waste. The main source of seasonal population variance for Augusta is the annual Masters Golf Tournament during the first full week in April, which results in temporary influx of an estimated 200,000 visitors. Based on the latest available U.S. Census data, there were 88,173 total housing units in the planning area. Table 1-2 summarizes reported census statistics surrounding housing units. Table 1-2: Housing Occupancies Number Housing Units 88,173 Occupied 72,470 % Occupied 82.2% Owner Occupied 54.5% Building Permits 598 Source: US Census 2016 1.5 EMPLOYMENT AND BUSINESS The latest data from the Augusta Development Authority reported 8,048 entities employing 119,453 people in the planning area. Table 1-3 provides the number of businesses operating in each of the North American Industry Classification System (NAICS) code business sectors (including government). Table 1-3: Survey of Firms by NAICS Code NAICS # Industry Firms 11 Agriculture, Forestry, and Fishing 71 21 Mining 7 22 Utilities 16 23 Construction 806 31-33 Manufacturing 240 42 Wholesale Trade 328 44-45 Retail Trade 1271 48-49 Transportation and Warehousing 183 51 Information 82 52 Finance and Insurance 411 53 Real Estate/Rental and Leasing 320 Chapter 1 Introduction 1-10 Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department NAICS # Industry Firms 54 Professional, Scientific/Tech Services 801 55 Management/Companies/Enterprises 34 56 Administrative and Waste Services 505 61 Educational Services 84 62 Health Care and Social Services 1084 71 Arts, Entertainment, and Recreation 110 72 Accommodations and Food Service 728 81 Other Services (Except Government) 649 92 Government 386 TOTAL PRIVATE SECTOR 8048 Source: Georgia Department of Labor, Fourth Quarter 2016 ©2017 Augusta Economic Development Authority Table 1-4 shows the number of employees in each business within their respective NAICS business sector. Table 1-4: Employment Sectors, Number of Employees NAICS # Industry Mix Employment % of Employment Weekly Wage 11 Agriculture, Forestry, and Fishing 863 0.60% 909 21 Mining 108 0.10% 1277 22 Utilities - 0.0% - 23 Construction 6,397 4.20% 977 31-33 Manufacturing 12,649 8.30% 1109 42 Wholesale Trade 4,070 2.70% 1164 44-45 Retail Trade 18,851 12.30% 523 48-49 Transportation and Warehousing 2,727 1.80% 864 51 Information 2,004 1.30% 1100 52 Finance and Insurance 3,057 2.00% 1174 53 Real Estate/Rental and Leasing 1,418 0.90% 809 54 Professional, Scientific/Tech Services 9,309 6.10% 1609 55 Management/Companies/Enterprises - 0.00% - 56 Administrative and Waste Services 11,765 7.70% 526 61 Educational Services 1,386 0.90% 557 62 Health Care and Social Services 23,073 15.10% 1009 71 Arts, Entertainment, and Recreation 2,068 1.30% 482 72 Accommodations and Food Service 15,640 10.20% 309 81 Other Services (Except Government) 4,068 2.70% 588 92 Government 33,739 22.00% 947 TOTAL PRIVATE SECTOR 119,453 78.00% 840 Source: Georgia Department of Labor, Fourth Quarter 2016 ©2017 Augusta Economic Development Authority Chapter 1 Introduction Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department CHAPTER 2 WASTE DISPOSAL STREAM ANALYSIS Chapter 2 Waste Disposal Stream Analysis 2-1 Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department Chapter 2 WASTE DISPOSAL STREAM ANALYSIS Understanding the types and quantities of materials that are generated in the planning area is fundamental to strategy development, smart policy making, and investment in programs and infrastructure. The goal of a waste disposal stream analysis is to develop an understanding of the volume of waste generation, the sources of generations, and the composition of waste being disposed. The goal of the Waste Disposal Stream Analysis section is to provide an inventory of waste generators by sector, evaluate the effect of influences on waste generation, and break down the composition of waste in Augusta’s waste facilities. Understanding the materials generated in Augusta is essential to guiding decision-making and planning for facility services and needs. 2.1 WASTE DISPOSED Augusta maintains current records of all solid waste disposal within the county as it owns and operates the only permitted, municipal solid waste (MSW) landfill, which is located at 4330 Deans Bridge Road in Blythe. All ESD and Augusta contractors and collection services that have collection agreements with Augusta deliver solid waste to this landfill; however, private companies and waste collection companies direct some waste generated in the planning area to other waste management facilities outside of Augusta. The landfill receives waste from both inside and outside of the planning area. Table 2-1 provides the annual amounts of waste disposed at the Augusta Landfill from 2013-2018. Between 2013-2018, the total volume received increased from 396,752 to 445,228 tons or at an annual growth rate of 1.9%. Between 2013-2017, the volume fluctuated but overall volume growth was flat. The spike in volume in 2014 was primarily due to a combination of a severe 10-year weather event: a winter ice storm and special industrial waste from a single source. The increase in volume in 2018 is primarily the result of a single unusually large soil remediation project which is not expected to recur. Net of this project volume total volume was flat between 2017 and 2018. Table 2-1a: Waste Disposed at Augusta Landfill ** Year 2013 2014 2015 2016 2017 2018 Waste Disposed 396,752 471,041 368,819 398,672 404,103 445,228 Change 16% -28% 7% 1% 10% Source: Augusta ESD **Includes waste disposed which was generated both in and out of Augusta. Chapter 2 Waste Disposal Stream Analysis 2-2 Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department Table 2-1b: Adjusted Waste Disposed at Augusta Landfill *** ***Adjusted to normalize trend by removing effects of three event-based volume spikes 1) 2014 a) ice storm and b) spike in special waste and 2) 2018 large one-time soil remediation disposal volume 2.1.1 PER CAPITAL CAPITA DISPOSAL METRICS According to the U.S. Census Bureau, Augusta had an estimated population of 201,800 in 2017 (last year available from Census). Modest population growth is expected to occur during the planning period. From 2010-2017, the planning area experienced a 0.6% increase in population, while neighboring Columbia County, which is also served by the landfill, experienced a 22.2% increase. Columbia County’s population growth is assumed to be a primary contributor to projected increases in both the total and per capita waste disposed. Table 2-2 displays the per capita disposal for 2017 and 2018. For 2018, the per capita waste disposal rate for Augusta was estimated to be 2.20 tons, an increase over the 2017 figure of 2.00 tons per person. This jump primarily resulted from a nonrecurring soil remediation project, as such the 2017 figure is a more representative per capita disposal figure. Table 2-2: Per Capita Waste Disposal Base Years Year 2018 2017 Population 202,061 201,800 Tons Disposed 445,228 404,103 Per Capita Tons Disposed 2.20 2.00 2.1.2 WASTE STREAM SOURCES The Augusta landfill serves a multi-county area. Primary sources are Columbia County and Augusta. The landfill does not keep detailed scale house records as to the geographic source of all volume received, but it does maintain detailed records of who delivered the waste and in what quantity. Waste stream generators include residential dwellings; commercial businesses, industrial businesses, and vacant lots (yard waste); and construction and demolition (C&D) projects. Augusta’s ESD is evaluating capturing additional waste stream details through changes to software and processes. A waste composition study was conducted of waste received at the Landfill as part of the development of this plan. The results can be found in Section 2.6. Year 2013 2014 2015 2016 2017 2018 Waste Disposed 396,752 402,894 368,819 398,672 404,103 405,228 Change 1.5% -8.1% 8.1% 1.4% 0.3% Source: Augusta ESD Chapter 2 Waste Disposal Stream Analysis 2-3 Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department 2.2 SEASONALITY AND EVENT IMPACTS ON WASTE GENERATION Waste generation, using tons received as the primary indicator, in the planning area is not significantly affected by seasonality. In total and excluding the effect of very large one-time events, volumes received at the landfill are balanced across each quarter during the year based on scale records of volume received at Augusta’s landfill. An analysis of 2017 and 2018 monthly volumes disposed at the landfill suggests no seasonal impact from the annual Masters Golf Tournament held at the Augusta National Golf Club in Augusta during the first full week in April. It was reported that Augusta effectively handles the increased amount of solid waste and recycling generated during this event through their contracted service providers, and by the efforts of local third-party collection companies. 2.3 EXTREME WEATHER AND DISASTER EVENT IMPACT ON WASTE GENERATION Natural disasters are unpredictable and can pose short- and long-term difficulties to waste service providers. The severity of some disasters requires significant planning and awareness of how to handle the situation. Debris removal plays a large role in disaster recovery operations. In the event of a disaster, Augusta would enact its Emergency Management Agency’s Local Emergency Operations Plan (LEOP). The LEOP may be found online at https://www.augustaga.gov/DocumentCenter/View/8079. As described in Table 2-3, research on the actual rates of extreme events in the 60-year period of 1950- 2010 suggests that there is a 90% chance that an extreme weather event will occur within a 10-year window in the planning area. Table 2-3: 10 Year Probability of Extreme Event Extreme Event 10-year Probability* Tornado 76% Ice Storm 14% Hurricane 53% Earthquake 0% Combined 90% *Based on rates of extreme events from 1950-2010 During the prior planning period, there were three extreme events: two hurricanes and an ice storm. While all three events generated additional waste, only the February 11, 2014 winter storm, which consisting of high winds, sleet, and ice, generated significant disposal volume relative to the total. The 2014 storm caused downed trees and hanging branches throughout the planning area. The Federal Emergency Management Agency (FEMA) estimated the total debris generated to be approximately Chapter 2 Waste Disposal Stream Analysis 2-4 Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department 750,000 cubic yards (CY). Augusta scale house records identify approximately 46,200 storm related tons received at the landfill or 10-15% of the total). Augusta utilized its emergency contracting procedures to hire a debris removal contractor and monitoring firm to oversee the removal activities. 2.4 TEN-YEAR WASTE GENERATION PROJECTION A 10-year projection of waste disposed at the Augusta landfill—developed utilizing economic, demographic, and waste diversion data—appears in Table 2-4. It includes assumptions of the origin of the waste disposed as coming from inside or outside of the county; these are estimates. Note that for 2018, there was a significant increase of in-county disposal compared to 2017 as a result of a large and non-recurring soil remediation project. The projections assume a normalized growth trend using 2017’s actual volume as a base. It is probable that there will be an additional unusual or nonrecurring waste generation event once or twice during the planning period, which could increase the amount disposed in a single year by 5-15%, as discussed in Section 2.3. This occurred in 2014 as a result of a severe winter storm. In total, this type of event-driven waste may represent three percent or less of the projected total volumes over the planning period. Table 2-4: 10-Year Projected Tons Disposed Jurisdiction 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 In-County 262,101 300,386 263,259 263,839 264,421 265,005 265,589 266,175 266,762 267,351 267,941 268,532 Out-of- County 142,002 144,842 147,739 150,694 153,708 156,782 159,917 163,116 166,378 169,706 173,100 176,562 Total 404,103 445,228 + 410,998 414,533 418,129 421,786 425,507 429,291 433,140 437,056 441,040 445,093 Source: 2017-2018 Totals are actuals, projections developed by the project team , the categorization of tons as “In-County” or Out-of-County” are estimates. Note: + The increase in tonnage between 2017 and 2018 was impacted by the approximately 40,000 tons generated from a one-time soil remediation project in Augusta. As shown in Table 2-5, per capita waste disposal was projected for the planning period. The projections utilized the volume projection data from Table 2-4 and assumptions using historic Augusta population growth rates with year 2017 as a base. Table 2-5: Projected Per Capita Waste Disposal Base Year Base Year Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Year 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 Population 201.800 202,061 202,507 202,953 203,401 203,850 204,300 204,751 205,202 205,655 206,109 206,563 Tons Disposed 404,103 405,228 + 410,998 414,533 418,129 421,786 425,507 429,291 433,140 437,056 441,040 445,093 Per Capita Tons Disposed 2.00 2.01 2.03 2.04 2.06 2.07 2.08 2.10 2.11 2.13 2.14 2.15 Source: Augusta and Census 2017 with growth assumption + 2018 tons exclude the 40,000 related to the soil remediation project. Chapter 2 Waste Disposal Stream Analysis 2-5 Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department Per capita disposal is defined as total tons projected to be disposed inside Augusta divided by the projected population of Augusta. The per capita increase over the planning period, will be driven primarily by the increased disposal of waste generated by residential, governmental, and businesses in Columbia County. 2.5 WASTE DIVERSION METRICS There are multiple publicly and privately managed programs designed to divert waste from being landfilled. Data concerning these diversion volumes, including recycling collection and processing, is limited at the time of this report’s development. Additional focus on the generation of comprehensive diversion data is a goal for the planning period. Based on the number of recycling containers set out, the Augusta ESD estimates that 30% of households participate in Augusta’s curbside recycling program out of the approximate 65,000 households in the planning area. Based on a container survey of Augusta’s downtown area, the recycling participation rate is estimated to be less than 10%. The diversion impact of the curbside based on the large amount of nonrecyclable 2.6 WASTE STREAM COMPOSITION Understanding the types and quantities of materials that are disposed is a critical part of developing goals and strategies surrounding potential material reuse and landfill diversion. A waste composition study (WCS) was conducted in May of 2018 and serves as a primary method of understanding the waste stream. The results serve as a benchmark for evaluating the effectiveness of future system changes. The WCS results are as follows. 2.6.1 WCS INTRODUCTION A four-day WCS of the solid waste disposed of at the Augusta Landfill (Landfill) was conducted. The WCS consisted of the sampling and sorting of solid waste to determine the composition of solid waste currently disposed of from the residential and commercial generator sectors. In addition, visual audits were conducted on C&D debris and bulky waste collected within Augusta and disposed at the Landfill. The goal of this WCS was to provide Augusta with a clearer understanding of the types and quantities of waste disposed by its residents and businesses to identify opportunities for waste reduction in the updated Solid Waste Master Plan under development. 2.6.2 WCS Methodology The four-day sorting events took place from May 14-17, 2018 at a designated area (sort site) at the Landfill. The methodology for this WCS followed a proscribed sampling and sorting protocol which was prepared in accordance to the ASTM Standard Test Method for Determination of the Composition of Unprocessed Municipal Solid Waste (D5231-92; reapproved 2008) and approved by Augusta. Chapter 2 Waste Disposal Stream Analysis 2-6 Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department A total of 32 samples were pulled and sorted over the course of the sorting event. The number of samples from each generator sector and hauler was determined by the relative estimated tonnage of solid waste delivered to the landfill, based on scale house data from March 2018 and follow up conversations with haulers. The tonnage estimated for the residential sector was based on the tonnage hauled by Augusta’s residential contractors (Advanced Disposal and Orion Waste Solution, Inc (Orion) formerly Orion Waste Solutions, LLC) as reported in the scale house records, subtracting out estimated tons hauled by the bulky and yard waste subcontractors, as reported by the subcontractors. The tonnage estimated for the commercial sector was based on tonnage hauled by Augusta’s major commercial solid waste haulers (Advanced, Orion, and Waste Management, Inc.). Table 2-6 shows the assumed tonnages and total samples from each sector and hauler. Table-2-7 shows the daily samples from each sector and hauler. A complete list of the 32 samples sorted are provided in Appendix 2 Sorted Samples. Table 2-6: Waste Composition Study - Sampling Schedule Residential Commercial Total Samples Hauler Estimated Tons (March ’18) # of Samples Estimated Tons (March ’18) # of Samples Advanced 1,693 6 6,770 15 21 Orion 2,086 6 628 2 8 Waste Management - - 1,167 3 3 Totals 3,779 12 8,565 20 32 Percent of Total Waste Stream 30.6% 69.4% Note: Tons are based on March 2018 scale house data. Tons exclude bulky waste (i.e. in roll offs or residential bulky/yard waste) and material collected outside of Augusta, as derived from scale house data and discussions with haulers. Table 2-7: Daily Sampling Plan Hauler Mon (5/14) Tue (5/15) Wed (5/16) Thu (5/17) Total Samples Advanced: Residential 2 2 1 1 6 Advanced: Commercial 4 4 3 4 15 Orion: Residential 2 2 1 1 6 Orion: Commercial 1 1 2 Waste Management 1 1 1 3 Totals 10 10 6 6 32 Once the desired number of samples from each generator sector and hauler was determined, each hauler was asked to select specific routes that represented a cross-section of their service areas within Augusta. KCI provided each of the three haulers with placards to provide to the drivers on the selected routes and Chapter 2 Waste Disposal Stream Analysis 2-7 Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department to identify the route and truck information. The placards also helped the Augusta scale house staff identify selected vehicles so that they could be diverted to the sort site. 2.6.3 WCS Sorting of Waste Sample Following the procedures described in the sampling and sorting protocol, each selected vehicle tipped its entire load at a designated area of the sort site. An Augusta-provided loader, at the direction of the sampling supervisor, pulled a randomly selected sample of at least 200 pounds from the load. The sample was then transferred to the sample staging area prior to sorting. Each of the 32 samples was hand-sorted on the sorting table into 38 material categories, which are defined in Attachment A. After the entire sample was sorted, the sorted materials were weighed and recorded. Following the completion of the sorting event, the percentage by weight of each material category was calculated for each of the two generator sectors by averaging the composition of each sample weighted by the sample weight. Where appropriate, 90% confidence intervals were calculated for each material category using a standard statistical t-test.1 To determine the composition of the aggregate waste (i.e., combined residential and commercial waste) generated within Augusta and disposed of at the Landfill, the composition of residential and commercial waste was weighted by the estimated tonnage generated by each sector, as shown in Table 2-7. Note: The tonnage does not include tonnage from other smaller haulers that collect commercial waste within Augusta because it could not be determined which haulers collect from Augusta and what tons are generated within Augusta. However, based on the scale house and annual tonnage data for 2016 and 2017, the three haulers included in the WCS collect the vast majority of non-industrial, non-C&D/bulky solid waste disposed of at the landfill. To assess C&D debris/bulky waste, visual audits were conducted of eight randomly selected collection vehicles that reported their loads to be C&D debris or bulky material collected from Augusta. Note: The audit did not target residential bulky waste/yard waste collected under the residential contracts. The entire load was tipped at the sort site and was visually evaluated by the Sampling Supervisor to determine the approximate percent by volume of specific material types. Average volumetric composition and 90% confidence intervals were calculated for the C&D debris/bulky waste. 1 The confidence interval indicates that, with a 90% level of confidence, the actual arithmetic mean is within the upper and lower limits shown. This provides an understanding of how much variation occurred in the quantity of that material category found in the samples sorted. Generally, the more homogeneous the waste stream and the greater the number of samples sorted, the higher the level of accuracy achieved and the narrower the margin between the upper and lower bounds of the confidence interval. Because this is a statistical analysis, the lower end of the confidence interval may be a negative number. Chapter 2 Waste Disposal Stream Analysis 2-8 Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department Volumetric composition was then converted to weight using industry-accepted conversion factors. 2.6.4 WCS RESULTS Unless otherwise stated, all results presented in this section are expressed in percentage by weight. Three pie charts, labeled Figures 2-1 to 2-3, are located on the following pages and present the composition of material from each generator sector: Residential – ( see Figure 2-1) Commercial – (see Figure 2-2) Aggregate – (see Figure 2-3) Additional and more detailed results of the waste sort can be found in the tables and figures located in Appendix 2 - Waste Composition Study Data at the end of this report. This data includes:  Residential – Table 2-8 and Figure 2-1; Individual sample results are provided in Attachment B. Residential Sample Results.  Commercial – Table 2-9 and Figure 2-2; Individual sample results are provided in Attachment C. Commercial Sample Results.  Aggregate – Table 2-10 and Figure 2-3. Table 2-11 compares the composition of aggregate waste to the 2004 composition of Augusta waste reported the 2008-2017 Solid Waste Management Plan.  C&D debris/bulky waste (Visual Audits) – Table 2-12 and Figure 2-4. Individual sample results are provided in Attachment D. Visual Audit Results. Photos of each load are in Attachment E. Photos of Visual Audit Loads Chapter 2 Waste Disposal Stream Analysis 2-9 Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department Figure 2-1: Composition of Residential Waste Disposed (% by Weight) Chapter 2 Waste Disposal Stream Analysis 2-10 Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department Note: For the purpose of this figure, the following categories have been combined: • “All other recyclable paper” refers to the categories of newspaper, office paper, and mixed recyclable paper. • “Recyclable plastic containers” refers to the categories of PET bottles (#1), HDPE bottles (#2), non-bottle plastic containers #1 and #2, and other plastic containers #3-#7. • “Metal cans” refers to the categories of aluminum and tin/steel cans. • “Other metals” refers to the categories of ferrous and non-ferrous scrap metals and aluminum foil and trays. • “Other potential recoverables” refers to the categories of aseptic/polycoated containers; bulky, rigid plastics; special wastes; C&D debris; and tires and rubber. • “Other compostables” refers to the categories of compostable paper, clean wood waste, yard waste, and other organics. • “All other materials” refers to the categories of white goods and small appliances, other glass, household batteries, treated wood waste, composite materials, liquids, and grit. Figure 2-2: Composition of Commercial Waste Disposed (% by Weight) Chapter 2 Waste Disposal Stream Analysis 2-11 Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department Note: For the purpose of this figure, the following categories have been combined: • “All other recyclable paper” refers to the categories of newspaper, office paper, and mixed recyclable paper. • “Recyclable plastic containers” refers to the categories of PET bottles (#1), HDPE bottles (#2), non-bottle plastic containers #1 and #2, and other plastic containers #3-#7. • “Metal cans” refers to the categories of aluminum and tin/steel cans. • “Other metals” refers to the categories of ferrous and non-ferrous scrap metals and aluminum foil and trays. • “Other potential recoverables” refers to the categories of aseptic/polycoated containers; bulky, rigid plastics; special wastes; C&D debris; and tires and rubber. • “Other compostables” refers to the categories of compostable paper, clean wood waste, yard waste, and other organics. • “All other materials” refers to the categories of white goods and small appliances, other glass, household batteries, treated wood waste, composite materials, liquids, and grit. Figure 2-3: Composition of Aggregate Waste Disposed (% by Weight) Chapter 2 Waste Disposal Stream Analysis 2-12 Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department For the purposes of discussion and analysis, materials were grouped into six broad material groups based on diversion potential:  Recyclable paper: These are paper materials that are currently accepted in Augusta’s curbside single-stream recycling program and at Augusta’s drop-off locations, consisting of the following material categories: o Newspaper o Corrugated cardboard o Office paper o Mixed recyclable paper  Recyclable containers: These are plastic and metal containers accepted in Augusta’s single-stream recycling program and at Augusta’s drop-off locations and glass containers accepted at Augusta’s drop-off locations, consisting of the following material categories: o Polyethylene terephthalate (PET) bottles (#1) o High-density polyethylene (HDPE) bottles (#2) o Non-bottle #1 and #2 plastics containers o Other plastic containers #3-#7 o Tin/steel cans o Aluminum cans o Glass containers  Potentially compostable materials: These are materials that could potentially be composted in a commercial composting facility if properly source-separated or separated from inorganic material in mixed waste processing, consisting of the following material categories: o Compostable paper o Clean wood waste o Yard waste o Other organics o Food waste  Potentially recoverable materials: These are materials that have the potential to be recovered or recycled but are not currently collected for recycling in Augusta’s single-stream recycling program. Some of these materials, such as textiles/leather and C&D debris, would require source- separation and/or additional processing to recover. These materials consist of the following material categories: o Aseptic/polycoated containers o Bulky, rigid plastics o Expanded polystyrene foam o Ferrous scrap metal o Aluminum foil and trays o Non-ferrous scrap metal o Textiles/leather o Special waste o Electronics (E-waste) o C&D debris o Tires and rubber  Other materials: These are any materials not classified above and not feasible to recover with traditional programs or technology, consisting of the following material categories: Chapter 2 Waste Disposal Stream Analysis 2-13 Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department o All other paper o Plastic film o All other plastics o White goods and small appliances o Other glass o Household batteries o Treated wood waste o Diapers o Composite materials o Liquids o Grit 2.6.5 WCS FINDINGS Below is a summary of the key findings on the composition of solid waste from each generator sector and aggregate waste: Residential  Recyclable paper and containers comprised nearly 32% of the residential waste. Mixed recyclable paper was the largest category at 9.3%, followed by corrugated cardboard at 5.6%. It should be noted that heavy rains during the field work caused some of the paper and cardboard to become wet; this may have increased the overall percentage by weight of these materials. The third largest category was glass containers (4.7%), which are currently only accepted for recycling at Augusta’s drop-off facilities.  Nearly a third of the residential waste was potentially compostable. Food waste was over half of the compostable material, while the remainder was primarily compostable paper (mostly paper towels and napkins), yard waste, other organics (mostly cat litter).  Approximately 13% of the residential waste consisted of other potentially recoverable materials. Nearly half of this was textiles/leather. At 2.2%, expanded polystyrene foam was also a significant material in this group.  Other materials comprised about 25% of the residential waste. The three most prominent materials were plastic film (mostly garbage bags), composite materials, and diapers. Commercial  Commercial waste was approximately 32% recyclable paper and containers, about two- thirds of which was recyclable paper. Commercial waste had a much higher percentage of corrugated cardboard (12.9 percent) than residential waste but lower percentages of mixed recyclable paper and of PET bottles.  Potentially compostable material comprised about 24% of the commercial waste. The composition of compostable materials was similar to residential waste, with food waste comprising over half of this group of materials. Chapter 2 Waste Disposal Stream Analysis 2-14 Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department  About 15% of the commercial waste was comprised of other potentially recoverable materials, about half of which was textiles/leather. The composition of potentially recoverable materials was similar to residential waste.  All other materials comprised the remaining 29% of the commercial waste. As with residential waste, plastic film at 9.3% was the most prominent of this material group, followed by diapers and composite materials. Most of the materials have a statistically similar composition as in the residential waste, with treated wood waste being marginally higher in commercial waste. Aggregate  Nearly a third of the aggregate waste (residential and commercial combined) was composed of materials that are accepted in Augusta’s recycling program. Corrugated cardboard had the highest percentage of these materials, mostly from commercial waste. Glass, which is only accepted at Augusta’s drop-off locations, was also a significant component.  Over a quarter of this waste was potentially compostable material, which was predominantly food waste. This material, through proper source-separation or pre-processing, could be recovered in a dedicated organics recovery program, such as composting.  Approximately 15% of the aggregate waste was composed of other potentially recoverable materials. Most of this was textiles/leather, which would require a dedicated source-separated recycling program to recover.  About 28% of the aggregate waste was composed of all other materials, mostly plastic film, diapers, and composite materials.  Comparing the results of the current WCS to the composition measured in 2004: o The percentage of newspaper was significantly lower in the current WCS at almost one-third of the percentage in 2004. This is expected due to the trend toward electronic news media and the commensurate downsizing of many printed newspapers. It also reflects recycling efforts within the Augusta. Most people recognize newspaper as recyclable; therefore, individuals who participate in recycling likely recycle newspaper. o The percentage of corrugated cardboard significantly increased since 2004. This may be due to the trend in online shopping, which results in substantial amounts of cardboard. o The percentage of mixed paper was also significantly lower than in 2004. As with newspaper, this may be due to a reduced consumption of printed media and materials, such as magazines, or may reflect increased recycling of these materials. o The percentage of PET bottles and other plastic containers also increased slightly, and the percentage of glass and metal containers has decreased slightly. This may be due to the increased use of plastic bottles, such as water bottles, and replacement of metal and glass containers with plastic. Total recyclable containers, however, comprised about the same amount of the waste as in 2004. o The percentage of food waste increased moderately, while the percentage of yard waste is lower, which may be due to seasonal difference or to yard waste recovery efforts. Chapter 2 Waste Disposal Stream Analysis 2-15 Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department Visual Audits  Over half by volume and nearly 70% by weight of the material included in the visual audits was true C&D debris. Much of this material could potentially be recovered. o Clean wood waste had the highest percentage of any material category. This could be potentially recovered through C&D processing techniques and ground for mulch or alternative cover, for example. o Drywall was the second largest category by weight (third by volume). Drywall also has the potential to be separated through C&D processing and recovered through composting or other drywall recycling technologies. o Treated wood waste, comprising about 15% of the waste by weight, has few outlets for recovery.  Dirt/soil (14% by weight), which was primarily soil from land clearing, could be recovered as an inert, alternative cover material.  Corrugated cardboard also comprised a significant amount of the waste by volume. This is readily recoverable in Augusta’s existing recycling program.  Yard waste, which comprised about 6% by weight and volume, could be recovered and ground for mulch, compost, or alternative cover. 2.6.6 WCS SUMMARY AND NEXT STEPS The WCS provides Augusta with a clearer understanding of the composition of waste generated within Augusta that is disposed in the landfill. The WCS indicates that approximately 30% of residential and commercial waste is composed of materials that are currently accepted in Augusta’s existing recycling programs. Another 40% was either potentially recoverable or compostable if proper programs or infrastructure are developed to collect and process these materials. Of the bulky waste/C&D debris, over 70% by weight could be potentially recovered, primarily through C&D processing and recycling processes. These findings were used as input for the waste reduction element found in Chapter 3 which contains an evaluation and discussion of waste reduction and recycling opportunities for each generator sector. Chapter 3 Waste Reduction Element Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department CHAPTER 3 WASTE REDUCTION ELEMENT Chapter 3 Waste Reduction Element 3-1 Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department Chapter 3 WASTE REDUCTION ELEMENT Waste reduction is one of the five core elements of the Augusta SWMP Update. The purpose of this section is to document the current waste reduction and recycling programs and infrastructure in Augusta, identify the greatest waste reduction and diversion opportunities, and identify options to best utilize these opportunities. 3.1 CURRENT WASTE REDUCTION EFFORT Recycling is currently the primary means of waste reduction in Augusta. Recycling programs and opportunities are available to all residents in Augusta through multiple programs sponsored through Augusta and other private and non-profit organizations. The inventory of recycling programs is listed in Table 3-1, along with accepted materials. Recycling in the residential service area of Augusta operates in a single-stream program. Starting in 2007, residents had access to two different curbside recycling programs, which were each complete with 18- gallon bins for collecting cardboard, paper, plastics, aluminum, steel, and other metals for recycling. Residents were also able to request a 65-gallon wheeled cart for recyclable materials. As of today, all residential and certain non-residential customers are provided with weekly curbside collection, and on request a 96-gallon wheeled cart for collecting recyclable materials is provided. During the last planning period per its plan, Augusta has established four drop-off locations for garbage and recyclable items. Residents can drop off cardboard, paper, plastics, aluminum, steel, and other metals for recycling, as well as MSW, scrap tires, and yard waste. August ESD also has an assisted collection service for residents who are unable to take their waste and recycling carts to the curb for collection. Chapter 3 Waste Reduction Element 3-2 Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department Table 3-1: Recycling Programs Type of Program Service Area Operators Materials Accepted Curbside recycling Augusta Advanced Disposal, Orion Waste Solutions Cardboard, paper, plastic (#1- #7), metals Tire recycling events Augusta Augusta ESD Tires TreeCycle your Christmas Tree Augusta Augusta ESD Christmas trees Drop-Off Centers Augusta Augusta ESD Cardboard, paper, plastic, metal, glass Drop-off center at the landfill Augusta Augusta ESD Cardboard, paper, plastic, metal, glass, automotive fluids, electronics, tires Commercial recycling collection Any interested business Advanced Disposal, Orion, Metropolitan Waste Cardboard, paper, plastics (#1- #7), metals, electronics, liquids Augusta University Recycling Augusta University Augusta University Green Team Cardboard, paper, plastics (#1- #7), metals, cell phones, eyeglasses Earth Day Event Augusta Augusta ESD Cardboard, paper, plastics (#1- #7), metals, tires, batteries, cell phones Private entity drop-off Augusta Goodwill, Salvation Army, Habitat for Humanity Used furniture, clothing, shoes, and building materials Source: Augusta ESD The Georgia legislature passed Bill 274 in 2011, amending the Georgia Code (Part 1, Article 2 of Chapter 8 of Title 12) that banned yard trimmings from MSW landfills and allowing the disposal of trimmings at lined MSW landfills with operating landfill gas collection systems. The bill states that is was designed to encourage beneficial reuse and promote bioenergy and renewable energy goals. It introduced a hierarchy for handling yard trimmings, which includes: (1) Naturalized, low-maintenance landscaping. (2) Grass cycling (e.g., “mowing it high and letting it lie”). (3) Beneficial use on the site where the material was grown. (4) Collection and transport to another site to be: a) Processed for mulch or feedstock for composting. b) Processed for mulch as a bioenergy feedstock. c) Disposed in a lined MSWL which has a gas collection system which provides a beneficial reuse of the landfill gas collected. The bill also removed the obligation, but reasserted the authority, of Georgia cities, counties, and solid waste authorities, to impose restrictions on yard trimmings that are generated in or ultimately disposed of in its area of jurisdiction. Augusta provides management of yard trimmings. All residents are provided weekly yard waste collection services. Advanced Disposal Systems and Orion Waste Solutions offer curbside collection services for yard waste, including leaves, pine straw, branches, and other Chapter 3 Waste Reduction Element 3-3 Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department biodegradable materials. There are also several private entities that operate within Augusta and provide yard waste removal and collection services to residential, commercial, and industrial locations. Shear-Wood Inc. provides a drop-off location for residents to bring their yard waste for disposal. This waste is often chipped/mulched for resale or disposed of in inert landfills. Augusta Solid Waste has established three drop-off locations to provide residents with access to a staffed center for garbage and recyclable items. At these locations, residents can drop off grass clippings, leaves, pine straw, branches, and other biodegradable materials, as well as MSW and recyclable items. Other programs that benefit waste reduction and recycling include Augusta’s street sweeping program and ESD’s TreeCycle program. Augusta’s stormwater program provides a street sweeping service to remove litter and other debris and properly dispose of waste and potentially hazardous materials. Through ESD’s TreeCycle program, during the first two full weeks of January, residents can place their Christmas trees outside for the yard waste curbside collection services to gather for proper disposal or reuse. Commercial customers also have the option to deliver their trees to one of the three drop-off locations provided by Augusta Solid Waste. Augusta also has several non-profits and businesses that accept materials for reuse or recycling. Table 3- 3 outlines these organizations. Table 3-3: Businesses Accepting Recyclables Name Sector Material Accepted Advanced Auto Parts R Used motor oil Augusta Industrial Services C Waste oil recovery Augusta Steel and Metals R, C Nonferrous metals Augusta Urban Ministries R, C Used furniture (non-profit reuse) Batteries Plus Bulbs R, C Car batteries Best Buy R Printer cartridges, cell phones, rechargeable batteries Bricko Farms, Inc. C Yard trimmings, wood, leaves Cartridge World R Printer cartridges Computer Exchange R, C Computers, related electronics CMC Recycling R, C Metals (including car parts) Direct Metals Recycling C Ferrous and non-ferrous metals EcoATM R Cell phones Environmental Alternatives R Light bulbs Goodwill Industries R, C Used furniture, used clothes (non-profit reuse) Habitat for Humanity R, C Building materials, furniture, household items, tools Home Depot R, C Rechargeable batteries, fluorescent bulbs JC Penney R Plastic bags (#2 and #4) Jiffy Lube R Used motor oil, transmission fluid, anti-freeze Newell Recycling C Ferrous and non-ferrous metals Office Depot R Electronic waste, printer cartridges, rechargeable batteries Office Max R Printer cartridges, cell phones, rechargeable batteries Publix Super Markets R Paper bags, plastic bags Salvation Army R, C Used clothing, used vehicles for auction (non-profit reuse) Shear-Wood Inc. R, C Yard trimmings, wood, leaves Chapter 3 Waste Reduction Element 3-4 Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department Name Sector Material Accepted Smurfit-Stone Recycling R, C Cardboard, paper, plastics (#1 and #2), metals Sonoco Recycling C Cardboard, paper Staples R, C Electronic waste, printer cartridges, rechargeable batteries *R= Residential, C= Commercial Recycling facilities are found in Table 3-4, along with their accepted recyclable materials. Table 3-4: Recycling Facilities Facility Name Facility Type Owner/ Operator Areas Served Materials Accepted Address Phone # CMC Augusta Scrap metal processor Augusta Ferrous and non- ferrous metals 1890 Old Savannah Road, Augusta, GA 30901 706-434-2450 Newell Recycling Scrap metal processor Sharon Newell Shirley Augusta Ferrous and non- ferrous metals 1359 Central Avenue, East Point, GA 30344 706-432-3880 Westrock Recycling Materials recovery facility (MRF) Augusta and Aiken County, SC Cardboard, paper, plastics, metals 1311 Walker St, Augusta, GA 30901 706-722-9603 Fort Gordon Recycling MRF US Army Fort Gordon Cardboard, paper, plastics (#1 and #2), and metals Bldg. 997, Chamberlain Ave, Fort Gordon 30905 706-791-0319 EcoATM Small electronic processor Augusta Cell phones Multiple locations Electronics, household hazardous waste, tires, and white goods are special materials that require specific management procedures to dispose. Table 3-5 provides an inventory of the programs that Augusta- Richmond provides for these special materials. Chapter 3 Waste Reduction Element 3-5 Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department Table 3-5: Management of Special Materials Material Target Sectors* Management Strategy Final Deposition Electronics R Collected at community events and by some local businesses. Dismantled by private recycler. Parts are sold, recycled, or deposited in the landfill. White Goods R, C, I, C&D White goods containing refrigerants must be brought with a certificate of refrigerant removal before they can be disposed of at the landfill. Landfill; metal scraps are recycled. Tires R, C Accumulating scrap tires on property is illegal. Solid and pneumatic tires can be taken to the landfill as well as community collection events. Landfill Large Animal Carcasses R, C Large animal carcasses (only- they do not accept live animals) can be brought as long as the landfill is contacted ahead of time. Landfill Asbestos- Containing Waste C, C&D Asbestos-containing waste must be sealed in leak- proof containers and clearly labeled: “CAUTION – Contains asbestos fibers-Avoid opening or breaking container. Breathing asbestos is hazardous to your health.” An Asbestos Disposal Manifest Form must be completed, with the original and one copy submitted at the time of disposal. Landfill Biomedical Sharps R, C Biomedical sharps must be sterilized and contained in a puncture-proof container before being brought to the landfill. The container should be clearly labeled with the word "BIOHAZARD" and the universal biohazard symbol. Landfill Other Wastes R, C, I Other special wastes must be tested using Environmental Protection Agency (EPA) approved methods. Concentrations of toxic chemicals must be lower than those stated in the Waste Acceptance Criteria. Treated then deposited in the landfill. Source: Waste Acceptance Criteria * R= Residential, I=Industrial, C=Commercial, C&D= Construction and Demolition Chapter 3 Waste Reduction Element 3-6 Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department 3.1.1 EXISTING WASTE REDUCTION AND RECYCLING PROGRAMS AND INFRASTRUCTURE Residential Collection Residential garbage, recycling, and bulky waste collection are divided into three geographically designated collection areas. Two contractors have Solid Waste and Recycling Collection Agreements with Augusta to provide these services: Advanced Disposal Services Augusta, LLC (Advanced), which services Designated Collection Area #1, and Orion Waste Solutions (Orion formerly Inland Services), which services Designated Collection Areas #2 and #3. The agreements were executed on August 7, 2012, and service began on June 1, 2013. The initial term of the agreements ends on December 31, 2021 but may be renewed for two or more two-year terms under mutual agreement between Augusta and contractors. Garbage, recycling, and bulky waste collection occurs Monday through Friday. Each residence is offered these services once per week on the same day of the week. Advanced and Orion subcontract bulky waste and yard waste collection to A-1 Sanitation Services and Metropolitan Waste, Inc., respectively. The following services are provided as part of the base level of residential collection services:  Garbage – Augusta has a two-tiered system in which residential customers can select either a 35- or 95-gallon garbage cart. A lower service fee is charged for the smaller cart size, which allows residents to “right-size” their service fee to their waste generation and encourages participation in recycling.  Recycling – Single-stream recyclables are collected in a 95-gallon recycling cart provided by Augusta; an extra cart is available for an additional fee. Accepted materials include newspaper, mixed paper, cardboard, paperboard or chipboard, plastic #1 and #2 bottles and containers, aluminum cans, and steel/tin cans. Advanced Disposal Collection Truck Orion Services Collection Truck (formerly DBA Inland) Chapter 3 Waste Reduction Element 3-7 Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department  Yard waste – Leaves, grass clippings, branches, etc. must be bagged in Kraft paper bags or open top garbage cans clearly marked “Yard Waste.” Each bag or container can be no larger than 32 gallons and cannot exceed 50 pounds. Brush may be bundled and tied and is restricted to no more than 5 feet in length. Each pile cannot exceed 5 feet x 5 feet x 10 feet or 10 CY.  Bulky waste – Bulky waste includes any household items that are too large to fit in the garbage cart. The most common bulky waste items are furniture, mattresses, and appliances. Each pile cannot exceed 5 feet x 5 feet x 10 feet or 10 CY. Currently, bulky waste and yard waste are collected in the same truck. Each residential customer is allowed two piles (yard waste and bulky waste) per service day. The cities of Blythe and Hephzibah have private haulers that service their residents with curbside recycling available on a subscription service basis. Residential Recyclables Processing Prior to August 2007, residential recyclables were transported directly from collection routes in Augusta to the North Augusta MRF located at 67 Claypit Road, North Augusta, SC. This MRF was originally built in 1993 to process recyclables from both Augusta and North Augusta. Today, it processes both recyclables and solid waste from around the Central Savannah River area. Starting when the Augusta converted to single-stream recycling in August 2007, curbside recyclables were delivered to a transfer station located at 3946 Goshen Industrial Boulevard in Augusta (Goshen Transfer Station). Initially, recyclables were then transferred to Pratt Industries and SP Recycling Corporation in Atlanta for processing. Currently, clean recyclables are transferred to the North Augusta MRF for processing. After collection vehicles tip the recyclable materials at the transfer station, a front-end loader operator visually inspects the loads and separates piles based on level of contamination. Highly contaminated loads are loaded into open top transfer trailers and taken to the Landfill. The lower contamination recyclables are loaded into a transfer trailer and taken to the North Augusta MRF. Information for recycling collected in 2018 is provided in Table 3-6. North Augusta Material Recovery Facility Goshen Transfer Station Chapter 3 Waste Reduction Element 3-8 Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department Table 3-6: 2018 Augusta Curbside Recyclables Received at Goshen Transfer Station Month Tons January 395 February 555 March 565 April 496 May 553 June 487 July 499 August 486 September 456 October 469 November 549 December 506 Total 6,016 (Source: Augusta ESD) ESD staff stated that approximately one transfer trailer load is being sent from the transfer station to the MRF per week; approximately 10 transfer trailer loads are delivered to the Landfill per week to dispose of the highly contaminated recyclables (i.e. contains non-recyclable material). This ratio indicates that the contamination rate is extremely high. A visual inspection of the recycling loads received at the transfer station confirmed the high degree of non-program material (solid waste) which is appearing in the curbside recycling containers. A further study was conducted of curbside recyclable contamination. The Apple Valley Neighborhood Association invited KAUG and ESD to conduct a curbside container audit based on its member’s observations that a large quantity of non-program material was appearing in the recycling bins in the neighborhood. Members of the Keep Augusta Beautify (KAUG), ESD and Apple Valley Neighborhood Association planned and conducted weekly audits of approximately 400 recycling bins set out in the Apple Valley neighborhood of Augusta during the month of October 2018. A significant finding was that 90% of the containers audited contained some amount of nonrecyclable non-program material during the first week. “Oops” tags, designed by KAUG, were placed on bins containing non-program material. The tabs described what nonrecyclable material had been found in the container and what materials are recyclable and part of Augusta’s program. Over the course of four week the percentage of containers with non- program material decreased, demonstrating the benefits of education, outreach and direct feedback. There was a follow up meeting on 14 June 2019 with the Association. Chapter 3 Waste Reduction Element 3-9 Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department Other City-Sponsored Recycling and Cleanup Programs ESD sponsors other programs to collect and manage recyclables and related materials, including the following:  Metals Recycling – ESD accepts loads of metal waste (pipe, wire, washers, dryers, refrigerators, lawnmowers, tire rims, and other large metal household items) at its facility for recycling.  Scrap Tire Recycling – Augusta residents may bring tires to the facility for free on the third Saturday in February, May, August, and November from 8 a.m. to noon.  Civic Group Tire Collection Program– ESD will pay $2.00 per passenger vehicle tire to civic or non- profit groups that collect tires within Augusta and deliver them to its facility.  Event Recycling Program – ESD loans recycling bins to event sponsors for community events.  Neighborhood Cleanup Program – Small groups of residents are provided access to a dumpster and supplies to clean up their area.  Volunteer Litter Cleanup Program – ESD provides sticks, gloves, and bags to groups, clubs, or organizations that organize litter cleanups in the Augusta area. Chapter 3 Waste Reduction Element 3-10 Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department 3.1.3 WASTE REDUCTION OPPORTUNITIES Figure 3-1 depicts the results of the waste composition study as applied to estimated quantities of in- county residential and commercial MSW and commercial bulky waste/C&D debris that were landfilled in 2017. Note: This chart represents the estimated 199,000 tons of in-county residential and commercial waste that was landfilled in 2017. For the purposes of this chart: • Paper & Containers includes newspaper, corrugated containers, office paper, other recyclable paper, PET and HDPE bottles, non-bottles plastics #1 and #2, other plastic containers, tin/steel and aluminum cans, and glass containers. • Other Potential Recoverables includes aseptic containers, bulky, rigid plastics, expanded polystyrene food service and packaging, aluminum foil and trays, ferrous and nonferrous metals, textiles, special wastes, electronics, C&D debris and tires. Figure 3-1: Estimated Composition of Augusta Waste Landfilled In 2017 (Tons, % by Weight) Figure 3-1 helps identify the greatest opportunities for increasing waste diversion and therefore serves as a guide for the types of programs and technologies with potential to significantly impact waste diversion.  Recyclable materials currently accepted by Augusta in its existing recycling program comprise approximately 25% of the in-county waste that was landfilled. Residential recyclables (solid blue wedge) represented 7% and commercial recyclables (striped blue wedge) the remaining 18%. Chapter 3 Waste Reduction Element 3-11 Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department  Residential yard waste (dark green wedge) represents an estimated 9% of in-county waste landfilled. This material had previously been collected separately and mulched but is currently landfilled.  Commercial bulky waste/C&D debris represented an estimated 9% of in-county waste disposed in 2017. The composition of this waste stream can be highly variable; however, Figure 3-2 provides the estimated composition of this stream based on the visual audits conducted in May 2018. The most readily recycled material in the composition study is metal; therefore, there is little opportunity for economical waste recovery in this waste stream. Figure 3-2: Composition of In-County Commercial Bulky Waste/C&D Debris Landfilled in 2017 (% by Weight) Chapter 3 Waste Reduction Element 3-12 Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department 3.2 WASTE REDUCTION STRATEGIES Based on the evaluation of Augusta’s recycling programs, multiple options were identified for developing a waste reduction strategy. Option recommendations were prioritized by their potential impact in the near-term. Longer-term options are also described but are not discussed in detail. 3.2.1 RECYCLING PROGRAM COORDINATOR To establish effective waste reduction programs, Augusta will need a knowledgeable, committed individual to develop, implement, and monitor them. Recycling programs do not just “happen,” and local governments cannot rely on private contractors to implement comprehensive programs on an ongoing basis. Therefore, a key recommendation is the addition of a full-time Recycling Program Coordinator (RPC) whose first priority would be to provide consistent, effective educational outreach regarding existing recycling programs. In addition, they will be aware of current market trends and local conditions (business interest, available materials, etc.) in order to identify and promote other waste reduction plans based on Augusta’s priorities. The RPC would oversee both residential and commercial waste reduction and recycling programs. Based on the current organization structure the RPC function should be part of the Keep Augusta Beautiful Program which is part of Augusta’s Environmental Services Department. 3.2.2 IMPROVED DATA COLLECTION Accurate data is a critical element in making policy and program decisions. The quantities of in-county waste and recyclables estimated in this plan had to be estimated based on hauler surveys. Recommendations to improve data collection include the following:  Revise scale house codes and procedures so that waste quantities can be determined by source (e.g., county, municipality, out-of-county, etc.) and type (e.g., household garbage, commercial garbage, bulky waste, C&D debris, yard waste, etc.).  Weigh recyclable materials received at the transfer station, as well as contaminated loads transferred to the Landfill and clean loads transferred to the North Augusta MRF. Ideally, contamination in residential recyclables would be minimized so that collection vehicles could deliver loads directly to the MRF rather than the transfer station. Until that time, scales could be installed at the transfer station to weigh inbound and outbound loads. Alternatively, contaminated recyclable loads delivered to the Landfill should be weighed as a specific code at the Landfill, and loads delivered to the MRF should be weighed at the MRF. ESD staff would need to monitor this data closely to ensure an accurate accounting of the recyclables collected and their final disposition. 3.2.3 RESIDENTIAL RECYCLABLE MATERIALS ESD staff estimates that approximately 30% of residents participate in the existing residential recycling program. Based on observed contaminants levels at the transfer station, approximately 80-90% of the materials collected by this program are too contaminated by non-program (solid Waste) to be accepted Chapter 3 Waste Reduction Element 3-13 Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department by recyclables processors; thus, they are being landfilled. Typical single-stream recycling programs have contamination rates of 10-20%, but once contaminant levels are above 20%, most processors will refuse to accept the materials. Visual observation of contamination of Augusta single-stream recyclables are on the order of 50%. Based on the status of Augusta’s existing residential recycling program, educational outreach regarding what should and should not be put in the single-stream recycling carts is critical. In addition, Augusta should work with its single-stream recyclables collection contractors to check for contamination. The use of recycling carts and automated side-load vehicles is not conducive to this type of monitoring; however, Augusta should work with its contractors to develop a system to spot check a certain number of households on each route. Repeat offenders should be reported to the Augusta ESD, who can then reach out to these customers and, if the issue is not resolved, remove their recycling cart. 3.3 MULTI-FAMILY AND COMMERCIAL RECYCLABLES Multi-family complexes can recycle at Augusta’s four drop-off locations. Unfortunately, lack of convenience keeps participation low. Commercial businesses can contract with private haulers to collect recyclables. The primary commodity collected from businesses is cardboard. A variety of approaches can be used to increase commercial/multi-family waste diversion. The strategies considered most viable for Augusta in the near-term are discussed below. 3.3.1 TECHNICAL ASSISTANCE Nearly one-third of housing units in Augusta are multi-family residences, along with an estimated 4,300 employer-business establishments. Enlisting more multi-family complexes and businesses to participate in recycling will require educational outreach regarding waste reduction and recycling with technical assistance program to provide the tools and knowledge to set up effective programs. The City of Atlanta has mandated multi-family residential recycling since 2008 and has used city ordinances as well as programs to facilitate implementation. Outside of Georgia, government in San Francisco, Seattle, and Montgomery County, Maryland have all faced significant challenges and implemented broad strategies to address multifamily recycling. Much of the information needed for the residential educational outreach campaign would also apply to supporting a multi-family and commercial technical assistance program. Additional elements of technical assistance to multi-family and business establishments include the following:  Property owner and manager training – These are typically the individuals responsible for executing onsite waste reduction and recycling programs.  “Toolkits” for program development – Step-by-step instructions for setting up a recycling program, a list of recyclables to target, a list of service providers, and sample educational materials. Toolkits should be available in hard copy and electronically. Chapter 3 Waste Reduction Element 3-14 Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department  Hands-on technical assistance – Providing hands-on technical assistance is generally more effective than training alone. Such assistance includes support for collection logistics and container placement.  Right-sizing garbage service – If a multi-family complex or a business initiates a recycling program, it then follows that the quantity of garbage generated, and level of garbage service needed should decrease. The savings in garbage collection can sometimes offset the additional cost for recycling. Property managers and businesses often need assistance in understanding this concept and estimating their service needs.  Food waste reduction – For businesses and institutions that generate substantial quantities of food waste (e.g., grocery stores, restaurants, schools, etc.), information regarding food waste reduction should be incorporated into the technical assistance. This might include quantifying food waste generation, encouraging proper portioning at schools and institutions, and encouraging the sale of misshapen or soon-to-expire produce for reduced prices at grocery stores. The ESD can help businesses understand that reducing wasted food can be cost-effective. Numerous resources are available, including but not limited to the following: o U.S. Food Waste Challenge ([FWC]; http://www.usda.gov/oce/foodwaste/index.htm) – Organizations in the food chain that currently create food waste are invited to join the FWC. By joining the FWC, organizations and businesses demonstrate their commitment to reducing food waste, helping to feed the hungry in their communities, and reducing the environmental impact of wasted food. o EPA Food Recovery Challenge ([FRC]; http://www.epa.gov/sustainable-management- food/food-recovery-challenge-frc) – FRC is part of EPA’s Sustainable Materials Management Program that provides participants with access to data management software and technical assistance to help them quantify and improve their sustainable food management practices.  Food waste donations – Augusta could also take a more active role in facilitating partnerships between commercial food waste generators and organizations that accept food to combat food insecurity. Options worth considering include the following: o Create a database where businesses with food to donate could connect with food banks or other entities looking for food. This could essentially be a digital food clearinghouse and could even be developed as a mobile app for real-time updates on what food is available and what food is needed. o Educate businesses about the benefits of making food donations. According to the Food Waste Reduction Alliance, the primary barrier to food donation is the perceived risk of liability. To alleviate this concern, Congress enacted the Bill Emerson Good Samaritan Food Donation Act in 1996. This act absolves any entity that donates food from criminal or civil liability, except in cases of gross negligence or intentional misconduct. o Educate businesses about the cost savings associated with making food donations. In addition to potential disposal cost savings, Section 170 of the Internal Revenue Code allows some businesses to earn an enhanced tax deduction for donating selected surplus property, including food. The code provides that wholesome food that is properly saved, donated to Chapter 3 Waste Reduction Element 3-15 Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department an approved agency, and properly receipted is eligible. This enhanced deduction is equal to one-half of the donated food’s appreciated value, with the limitation that the total deduction cannot exceed twice the donated food’s basis cost.  Environmentally preferable purchasing – An important part of a comprehensive technical assistance program is encouraging businesses to purchase products based on not only cost but also product longevity, recycled content, recyclability, and toxicity. Many multi-family complex and business owners and managers have a desire to operate in a sustainable manner and implement a waste reduction and recycling program but simply do not have the know-how or resources to do so. A technical assistance program can provide property owners/managers with the tools needed to jump start their programs. 3.3.2 LEAD BY EXAMPLE Augusta’s’ efforts in waste reduction can serve as models for other businesses. This includes establishing recycling programs in government facilities, parks, and other public venues and places, as well as implementing environmentally preferred purchasing policies. Highly visible recycling in public areas helps instill a mindset of sustainability and encourages recycling at home, work, and play. 3.3.3 CONTRACTED SERVICE AND ALL-IN FEE STRUCTURE Augusta could consider including multi-family and commercial collection service in its collection contract with a service fee that includes both garbage and recycling collection. This would be similar to residential pricing in which all residents pay for curbside recycling as part of their base solid waste fee. All multi- family complexes and businesses would pay for recycling service as part of a base service fee. Some types of businesses generate more recyclable materials than other; therefore, an equitable fee structure would need to be developed. While not a common practice, San Francisco and Salt Lake City utilize ordinances or contract mechanisms to ensure business and multi-family properties utilize a recycling program, which could help inform a local program. 3.4 LONGER-TERM WASTE REDUCTION Based on the status of Augusta’s existing programs, improvements to the existing recycling services to reduce contamination and increase participation represent the simplest and most economical options for the immediate future. For communities that have the financial resources and political desire to implement more aggressive waste diversion strategies, other commonly used options are described below. 3.4.1 COMMERCIAL BULK WASTE/C&D DEBRIS C&D debris reduction can start with efforts to source-separate recyclable or reusable materials by type, usually at the jobsite. This usually requires more upfront resources (labor and containers) but can reduce disposal costs. For example, rather than building demolition, it would require deconstruction, which allows materials to be reused or recycled instead of disposed. Chapter 3 Waste Reduction Element 3-16 Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department Various policies and programs can be implemented to encourage or require source-separation and recovery of materials prior to collection. They fall into three general categories: education, incentives, and regulation. Typically, local governments first seek to stimulate voluntary C&D debris recycling by employing education and market incentives before adopting direct regulatory methods. Potential outlets for metals, cardboard, and clean wood waste exist. Augusta could further explore and confirm these outlets and develop a campaign to educate building contractors about source-separating materials and the potential cost savings associated with it. The ESD could further explore establishing lower tipping fees at the Landfill for segregated types of C&D materials that could be recycled. Augusta can also evaluate the feasibility of processing C&D debris to recover materials. The scale of operation depends on the types and quantities of materials received. Mechanized systems generally require at least 50,000 tons per year to be cost-effective. Small-scale operations generally use a small loader with a grapple and manual labor to separate targeted, high-value recyclable materials. Low capital investment and minimal space requirements might make this a viable option. Cardboard and metal could potentially be recovered, as well as concrete and brick rubble, which can be reused for landfill access roads. 3.4.2 FOOD WASTE RECOVERY Food waste contributes an estimated 13% of the in-Augusta waste that is landfilled. When seeking options to divert food waste from disposal, the EPA Food Recovery Hierarchy first recommends reducing the volume of food wasted, followed by feeding hungry people and animals, then options such as digestion and composting, with disposal as the last resort. Information regarding food waste donations has already been discussed. However, not all food waste can or will be donated. Therefore, the ESD could evaluate the feasibility of a food waste recovery and composting program. A composting program could be established in-house or by seeking to partner with a private processor. Collecting commercial food waste, especially from large food waste generators, is often the first step in initiating a food waste recovery program. It enables a community to focus on a smaller number of generators and to help ensure a relatively clean stream of source-separated food waste. Residential food waste is generally more challenging to collect than commercial food waste, especially from multi-family units, due to high levels of contamination. Therefore, residential food waste composting programs, if pursued, should generally start with opt-in programs for specific service areas so that self-selecting residents who are motivated for program success can participate. 3.4.3 MANDATES AND BANS Communities with some of the highest reported recycling rates have employed recycling mandates or disposal bans to help them achieve these rates. Jurisdictions that have used disposal bans and mandates typically have established infrastructure and mature programs, with bans and/or mandates implemented Chapter 3 Waste Reduction Element 3-17 Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department if voluntary programs have failed to achieve desired diversion rates. In addition, jurisdictions implementing such bans and mandates also utilize other tools, such as technical assistance and incentives in support of their recycling programs. Most bans and mandates are phased in over time, preferring to use notifications and technical assistance to encourage compliance first. After an initial grace period, they then utilize code enforcement staff to monitor compliance and impose fines or fees on non-compliant businesses. 3.4.4 PLANNING Planning is a fundamental part of effort to identify opportunities and implement programs for waste diversion and source reduction. For each of the options identified above, the planning process should include a review of the following:  Policies needed to implement or maximize effectiveness of the option. This will include relevant enforcement policies, disposal bans or recycling mandates, product bans, procurement guidelines, etc.  Research existing, successful programs in similar jurisdictions associated with the option and key elements of these programs that maximize effectiveness.  Identify infrastructure or facilities that are an integral part of each option. This will include land purchase, permitting, buildings, processing equipment, and administrative and support facilities.  Prepare a cost-of-service review that estimates capital and operating costs in order to determine if rates or fees structures need to be modified and what fees need to be charged in order to pay for the new services. This review should include a sensitivity analysis to determine if the financial model is overly dependent on commodity market pricing or other conditions that may be highly volatile.  Review the method of execution of the program, including public ownership and operation, a public-private partnership, or administration of fully privatized operations. Chapter 4 Waste Collection Element Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department CHAPTER 4 WASTE COLLECTION Chapter 4 Waste Collection Element 4-1 Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department Chapter 4 WASTE COLLECTION Augusta, through its ESD, manages and facilitates solid waste collection services in the planning area to promote a clean community for residentials and commercial entities. The ESD contracts for and actively monitors residential and downtown curbside and other waste collection programs. The planning area also services a variety of private collection companies that service commercial entities. 4.1 INVENTORY OF CURRENT COLLECTION PROGRAMS 4.1.1 RESIDENTIAL COLLECTION SERVICES Augusta manages a collection program which services approximately 65,000 homes, small business and over 10,000 vacant lots. Collection services can include curbside waste collection, recycling, bulk waste and yard waste. Yard waste is generated from both occupied residence and vacant lots which are regular maintained by Augusta. All residential units and unoccupied locations receive weekly collection services funded by a fee-based system. The fees are assessed annually to property owners. Others, including small businesses, multi- family units (more than five units), mobile homes (more than 10 units) have the ability to opt into the service. Waste is collected utilizing roll carts. 4.1.2 DOWNTOWN COLLECTION SERVICES Augusta’s downtown is a mixed-use district with many unique features. It is expected to continue to evolve within the planning period through redevelopment and revitalization. Collection services are provided by both Augusta and private collection companies in the downtown area. Augusta’s downtown residential customers are provided with once-a-week pickup for garbage, recycling, yard waste and bulk waste by a contracted hauler (Advanced Disposal) under an Augusta ESD managed program. Commercial customers have the option to choose between opting into curbside cart service and contracting with a private collection company. Recycling carts are available for businesses who opt into the service. Based on the latest downtown container survey, which was conducted by ESD in January 2017, the ESD managed program was servicing approximately 140 unique commercial and residential downtown addresses. Of this total, 120 were commercial and 20 were residential. This represented 33% and 40% of the unique commercial and residential downtown addresses, respectively.2 The ESD issued and was servicing 410 blue plastic roll carts for garbage and recycling collection. This included approximately 325 refuse and 85 recycling carts, as many properties had multiple containers. 2 Approximately 425 “residential” units were reduced to approximately 50 unique residential property addresses primarily because of two large multi-unit properties. Also, there were 380 commercial units at the 350 unique addresses. Chapter 4 Waste Collection Element 4-2 Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department Multiple private collection companies provide commercial container service, including front-load and roll- off container service. As part of the solid waste planning a downtown commercial container survey was conducted in December of 2018 for the area bound by Green Street and the Augusta Riverwalk between 4th and 13th Streets. The survey identified approximately 100 commercial containers, including 75 front- load type containers and 24 roll-off containers. The front-load containers are semi-permanent and are set out near businesses, often in the back or in a parking lot. Roll-off containers are primarily used for managing construction waste and are temporarily placed in parking lots or on streets near the construction. Approximately six private companies provide front-load service and nine provide roll-off service. 4.1.3 COMMERCIAL COLLECTION SERVICE The approximately 8,000 businesses and institutions in the planning area primarily contract with private collection companies to collect and/or transport their solid waste and recyclables. The Georgia Department of Natural Resources (DNR) maintains a list of haulers licensed to haul waste in the planning area. The most recently available list includes approximately 70 entities as shown in Table 5.1. This list is updated annually and may not reflect more recent additions. Among the list are national, regional, and local firms, as well as firms that haul only their own material. Table 5.1 - List of Permitted Collection Entities in Augusta * Entity Name Address City Zip A. J. Kellos Construction Co., Inc. of Fl. Post Office Box 14759 Augusta 30919 A-1 Sanitation Service, Inc. 3458-A Peach Orchard Road Augusta 30906 Ace Maintenance & Service, Inc. DDEAMC Building 300 Ft. Gordon 30815 Advanced Disposal Service Augusta 1799 Marvin Griffin Road Augusta 30906 ATC Development 220 Boy Scout Road Augusta 30909 Augusta Disposal & Recycling, Inc. 851 Triangle Industrial Court Evans 30809 Augusta Green, Wood & Mulch, Inc. 3011 Old McDuffie Road Augusta 30903 Augusta Industrial Service, Inc 2614 Mike Padgett Hwy Augusta 30306 Augusta Public Works 4330 Deans Bridge Road Blythe 30808 Barton & Barton Contracting of Augusta, Inc. 1225 E'Antignac Street, Unit 2 Augusta 30901 Berry Smith Sanitation 1308 New Savannah Road Augusta 30901 Big Fellow Sanitation 2907 Larkspur Drive Augusta 30906 Big Fellow Sanitation Service 2907 Larkspur Drive Augusta 30906 Biggers Enterprise 1322 Wallace Street Augusta 30901 C&B/Fosters/Inc 200 Norton Road Augusta 30906 C.A. Black Builders Collection Operation 1927 Satcher Blvd Augusta 30906 Charles Moore 4022 Rio Pinar Drive Augusta 30906 Coleman Sanitation 1645 Nixon Road Augusta 30904 Commercial Trash Removal, Inc. Building 61709 Augusta 30907 Country Way, Inc. 723 Laney Walker Blvd. Augusta 30903 CSRA Waste, Inc. P. O. Box 211215 Augusta 30917 Chapter 4 Waste Collection Element 4-3 Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department Entity Name Address City Zip David Smith Sanitation 4735 Windsor Spring Road Hephzibah 30815 Davis Hauling Company, Inc. 100 Apac Industrial Way Augusta 30907 Delco Sanitation Inc. 4549 Stonewall Ct. Hephzibah 30815 Delco Sanitation, Inc. 1441 Hephzibah Mcbean Road Hephzibah 30815 Economy Sanitation 3350 Peach Orchard Road Augusta 30906 Economy Sanitation Collection Operation 3350 Peach Orchard Road Augusta 30906 Evans Sanitation 3320 New Savannah Road Augusta 30906 Freedom Waste Services Not Available (NA) NA NA Ga - Carolina Stucco, Inc. 3018 Milledgeville Road Augusta 30904 H. Brittingham Mechanical, Inc. 2723 Old Louisville Road Augusta 30906 Hester Sanitation Service 3715 Drayton Drive Augusta 30906 Hydro Chem Industrial Services 4153 Old Savannah Rd Augusta 30906 Orion Service Corporation 1561 Doug Bernard Parkway Augusta 30906 Isiah Gray Sanitation 2432 Barton Chapel Road Augusta 30906 J & B Construction and Services, Inc. 3550 Gordon Highway Grovetown 30813 J. V. Summers 3319 Kenny Road Augusta 30906 Jack R. Nordahl Builders, Inc. 2905 Richmond Hill Road Augusta 30906 Jenkins Landscape Construction Services 3002 Hollins Drive Hepzibah 30815 John W. Powell, Sr. Sanitation. 416 Martin Luther King Road Keysville 30816 Joyce Sanitation 1009 Cliff Ayers Road Augusta 30906 Juanita Wiley 159 Golden Avenue Augusta 30906 Mabus Brothers Construction Co., Inc. 920 Molly Pond Road Augusta 30901 Mae & Moe Enterprises 2206 C Brown Road Hephzibah 30815 Mann Environmental Services, Inc 4330 Deans Bridge Road Blythe 30805 Marcus Smith Sanitation 4735 Windsor Spring Road Hephzibah 30815 Marks Clearing & Grading, Inc. 4704 Fulcher Road Hephzibah 30815 Meco Inc. of Augusta 1234 Gordon Park Road Augusta 30901 Metropolitan Waste Collection Operation 2724 Deen Ave Augusta 30906 Metropolitan Waste, Inc. 3318 Milledgeville Road Augusta 30909 Middleton's Sanitation 197 Dan Bowles Road Augusta 30901 Mims Landclearing & Grading 2218 Mims Road Hephzibah 30815 Mobley Construction Company of Georgia, Inc. 4176 Belair Frontage Road Augusta 30909 MSI Construction Co. 4119 Mike Padgett Highway Augusta 30906 O & H Sanitation Inc. 2907 Mike Padgett Hwy Augusta 30916 Orange Service Company, Inc 207 Sand Bar Ferry Road Augusta 30901 Peach Contractors, Inc. 3127 Damascus Rd Augusta 30909 R. Smith Sanitation 2351 Highway 88 Hephzibah 30815 Ray Hitt, Inc. 724 Chamblin Road, P. O. Box 175 Grovetown 30813 Removal & Abatement Technologies, Inc. 609 Hale Street Augusta 30901 Ronnie Lee Carter 2725 Barclay Street Augusta 30815 Chapter 4 Waste Collection Element 4-4 Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department Entity Name Address City Zip Sam F. Hurley, General Contractor 1080 Horseshoe Road Augusta 30906 Sammie Powell - Powell Sanitation Post Office Box 192 Keysville 30816 Scott's Woodworks 428 Crawford Ave Augusta 30904 Sig Cox, Inc. 1431 Greene Street Augusta 30901 Smurfit Recycling Corp Collection Operation 1311 Walker Street Augusta 30903 Southern Roofing & Insulation Company 81 5Th Street Augusta 30901 Southland Waste Systems, Inc. 148 Industrial Drive Thomson 30824 Stallion Lawn & Tree Service, Inc. 1774 Powell Road Augusta 30909 Stratton Home Transport/Services 2933 Milledgeville Road Augusta 30904 United Brokerage Co., Inc. 496 Lancy Walker Blvd. Augusta 30901 United Distributors 2521 Reynolds Industrial Road Augusta 30907 Varnado Home Improvement 2454 Windsor Spring Road Augusta 30906 Victor Cantrell Hauling Service 3530 Byron Place Augusta 30906 W. H. Reeves Co., Inc. 3860 Sullivan Hartfield Road Evans 30809 Waste Management of Augusta – Aiken 208 Prep Phillips Drive Augusta 30901 White James B. Sanitation 2309 Old Sav. Road Augusta 30906 Willie J. Wimberly 1004 7Th Avenue Augusta 30901 Wrights Sanitation Collection Operation 3318 Millville Road Augusta 30909 Source: GA Department of Environmental Protection file = SW-COL-OP-10-11-2018 4.2 ASSESSMENT OF COLLECTION PROGRAMS The residential waste collection services provided and managed under contract by Augusta have historically been of high quality, measured by the small (under 1%) average percentage of missed services in any given month. Service is monitored daily and measured monthly through a 311 hotline and by ESD staff utilizing software which is integrated with vendor collection operations. However, there have been periods (some lasting days or weeks), in which certain groups of residents have experienced material lapses in service. These lapses have been attributed to disruptions of the contracted service provider’s operations due to driver shortages, equipment issues, and/or route management software. In the Spring of 2018, ESD conducted an assessment of residential customer satisfaction through use of a survey which included 5,000 residential customers. Out of approximately 460 respondents (a statistically significant sample size of the 65,000 residential customers), 88% reported satisfaction with their collection service. 72% responded that in the past year, they had not observed discourteous nor rude behavior, collection drivers breaking traffic laws, nor experienced damaged garbage containers or property; however, 50% of respondents reported that in the same year, they did experience issues with cart placement, littering, leaks and spills that were not cleaned properly, and/or at least one missed pickup. Future surveys are planned to develop additional insights. Chapter 4 Waste Collection Element 4-5 Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department ESD conducted an assessment of the downtown garbage and recycling collection in late 2018 and early 2019. In the course of the development of this solid waste plan meetings were held with downtown stakeholders and issues and options were explored related to the service level (how much and how often) of collection available and additional recycling opportunities. Multiple issues were identified including poor aesthetics, few recycling options for businesses, and limited space which prevented businesses from setting out a commercial waste or recycling container. Subsequently a study was conducted of potential options for addressing these issues. This study generated multiple options including a) valet (door-to-door) collection, b) underground vacuum systems, c) underground vault systems, d) compactor stations, e) “Big-Belly” (mechanized/compactor) sidewalk containers, and f) combination solutions. While each of these options has been successful in other venues, the study prioritized compactor stations for further evaluation by stakeholders as well as a pilot program. Compactor stations provide central locations for solid waste and recycling disposal and collection. These compactor stations are enclosed, secure and available 24 hours a day, 7 days a week, eliminating solid waste containers from sitting on the sidewalk awaiting collection. This provides a clean, attractive downtown streetscape - free of clutter, unpleasant odors, unwanted pests, and debris. The stations would be distributed in to up to seven zones. All businesses and residences in the Compactor Zones, that did not have dedicated service would use the sealed compactor units for solid waste disposal (which includes both trash and recycling). Businesses and residential customers empty the roll carts using tippers or place bagged trash into the compactors. Each location also has a drop-off area for recycling (bottles, cans, plastics, mixed paper and cardboard). Businesses and residents in the compactor zone could opt-in and register with the ESD for compactor use to receive a fob (electronic key). The compactors are housed in aesthetically attractive fencing creating an enclosed area with video surveillance which can be accessed only with a key fob provided by ESD. In the planning area industrial and commercial business have multiple options for collection and recycling providers. Further evaluation of the variety ,quality service level of recycling options available for industrial and commercial businesses is a potential area of future study Illegal dumping, primarily tires, continues to be an issue in the planning area. It is illegal and can result in felony charges. The ESD supports Augusta-wide tire cleanup programs and holds fee free tire recycling days at the landfill. Local law enforcement agencies investigate dumping cases. Chapter 4 Waste Collection Element 4-6 Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department 4.4 CONTINGENCY COLLECTION OPTIONS There are two types of potential situations that would require contingency collection options: 1) wide- spread interruptions of the regular collection of the approximately 65,000 residential and small businesses that are serviced under Augusta’s residential program, and the generation of trash as a result of severe weather events. Augusta’s residential collection program is serviced by two primary contractors. These two private hauling companies both have multi-state and multi-locations operations footprints. Performance under the contract is monitored daily through software and a customer 311 hotline. The contract contains penalty provisions for service interruptions (i.e. missed services). During the contract period, there have been instances of service interruptions caused by equipment issues and temporary labor shortages. When these instances occurred, the Environmental Service’s department and contractors worked closely to resolve them. In the most significant instances, the contractors called upon drivers, supervisors, and equipment resources from their other operations to re-establish regular collections as a contingency measure to re-establish a high level of service. Chapter 5 Waste Collection Element Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department CHAPTER 5 WASTE DISPOSAL Chapter 5 Waste Disposal 5-1Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department Chapter 5 WASTE DISPOSAL This section addresses the requirement that solid waste management plans describe the type and size of solid waste handling facilities located within the jurisdiction. Assessment and assurance of adequate disposal options over the entire planning period is a core element of the plan and the focal point of this element. This section considers both a “business as usual” scenario as well as contingency disposal strategy. 5.2 DISPOSAL INVENTORY The Augusta Deans Bridge Road Landfill, permit number 121-018D, is the only operating MSWL in the planning area. Under its permit, it can accept a range of non-hazardous solid wastes, including municipal solid wastes, C&D waste, inert waste, and industrial wastes. A new construction and demolition (C&D) landfill has been proposed for the planning area. Dixon Airline Recycling LLC approached the Augusta Commission for a letter of Consistency for the siting and development of a new C&D landfill within the planning area. In September of 2020 , based on merits of the project, the Commission passed a resolution to include the proposed facility (Dixon Airline) in this solid waste plan update. The site for the proposed C&D landfill is located south of the City of Augusta in Richmond County near the intersection of US Highway 56 and Tobacco Road. The site covers approximately 151 acres. Both an inert and a C&D landfill have been proposed for the site. The facility will be required to successfully complete the permitting process with the Environmental Protection Division (EPD) of the Georgia Department of Natural Resources to become operational. The U.S. Army operates a C&D debris landfill at Fort Gordon. The EPD permit number is 121-014D. It is not available for use by the public. 5.3 ADEQUACY OF CAPACITY OVER PLANNING PERIOD In the latest (2018) capacity report published by the EPD, Augusta had a reported 62.7 million CY of permitted airspace with an estimated remaining life of 130 years. The average rate of fill was reported to be approximately 1,260 tons per day. Based on our waste disposal projections (see section 4.3), the 130 plus-year life of Augusta’s landfill, the additional C&D capacity from the proposed Dixon Airline landfill and the ability of Augusta’s landfill to manage all non-hazardous waste generated in Augusta, the planning area has adequate capacity for the planning period. Therefore, no additional disposal capacity is warranted within Augusta. Chapter 5 Waste Disposal 5-2Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department 5.4 CAPACITY ASSURANCE ASSESSMENT AND AGREEMENTS (OVER 10-YEAR PERIOD) The Augusta ESD has provided a capacity assurance letter which affirms that it has sufficient disposal capacity to manage the solid waste in the planning area for the period covered by this plan. This landfill’s capacity assurance letter can be found in Appendix 1 5.5 CONTINGENCY DISPOSAL STRATEGY In the event of a temporary service disruption at the Augusta Deans Bridge Road Landfill, Augusta can choose to direct waste to the transfer station at Goshen Industrial Boulevard or utilize Advanced Disposal’s transfer station in Columbia County. In addition, in the future, after being fully permitted, construction and demolition material could potentially also be directed to the proposed Dixon Airline C&D landfill. Augusta’s ESD leases a solid waste transfer station from Waste Management. It is currently utilized to transfer residential recycling material for final process. The facility is permitted as a solid waste transfer station and could temporarily be used to redirect waste to the Three Rivers Regional Solid Waste Authority Landfill in Jackson, South Carolina. Advanced Disposal owns and operates an Evans, Georgia transfer station in neighboring Columbia County. Waste redirected there would likely be transported for final disposal in Twiggs County, Georgia. 5.6 DISASTER MANAGEMENT – DISPOSAL STRATEGY Augusta has an Emergency Management Agency Emergency Operations Plan (EOP) , last updated and approved 12 July 2011. The EOP describes the management and coordination of resources and personnel during periods of major emergency. Under the EOP Augusta’s public works and engineering is tasked with coordination, operations and follow-through related to debris removal and disposal during an emergency or disaster. The plan list multiple designated facilities including the Augusta Deans Bridge Road Landfill. A copy the EOP can be found at : https://www.augustaga.gov/DocumentCenter/View/3413/Richmond-Public-Plan-2011?bidId= Chapter 6 Land Limitation Element Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department CHAPTER 6 LAND LIMITATION ELEMENT Chapter 6 Land Limitation Element 6-1 Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department Chapter 6 LAND LIMITATION ELEMENT Georgia requires that municipalities “identify those sites which are not suitable for solid waste handling facilities based on environmental and land use factors” in their SWMP. Not all geographic locations are suitable or desirable for a waste management infrastructure, which may include disposal, composting, recycling, and material recovery facilities. SWMPs play a key role in planning and managing the potential locations of waste management facilities. The Association of County Commissioners of Georgia has stated: Outside of zoning and land-use (ordinances), a SWMP is the only planning document that has specific legal authorization to govern the siting and operation of a solid waste handling facility within a community. The state may not issue any permits, grants, or loans for any MSW disposal facility or any solid waste handling equipment or recycling equipment that is not consistent with a local SWMP. Counties wishing to manage solid waste facilities that are not permitted by the EPD may want to use their plan and local licensing or ordinances to enforce these provisions of their SWMPs. The Georgia DNR has multiple rules which address siting limitations and criteria for siting, design, and operating requirements for solid waste handling facilities. In addition, DNR Rule 391-3-4-.05(1)(a) requires that the siting of solid waste handling facilities “must conform to all local zoning/land use ordinances.” 6.1 LOCAL PROCEDURES FOR DEMONSTRATING FACILITY CONSISTENCY WITH SOLID WASTE MANAGEMENT PLAN No solid waste handling facility or expansion to an existing facility can be sited in Augusta without a determination that the proposed facility or expansion is consistent with the current SWMP. The procedure that Augusta and each of the local governments follow to determine whether to issue such a letter is described below. 1. At least 90 days prior to filing for a solid waste handling permit, or notifying EPD in the case of a solid waste handling facility that is permitted by rule, the owner/operator will submit to the County a written statement documenting the following: o How the proposed facility or facility expansion will meet the specific goals and/or needs identified in the current Solid Waste Management Plan, including a description of: • The impact upon the collection capability within the planning area. • The impact upon disposal capacity identified in the planning area. • The impact to the waste reduction and recycling efforts within Augusta, specifically how the proposed facility or facility expansion will contribute toward waste reduction in the planning area. Chapter 6 Land Limitation Element 6-2 Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department o How the proposed facility or facility expansion and its operation will impact the community. Specifically, it will address: • The impact to vehicle traffic and public safety around the proposed facility and throughout the planning area; • The impact on natural or cultural resources within the planning area. • The impact to the financial viability of the existing solid waste management system within the planning area, both public and private; • The impact to individual and business solid waste management rates. • The impact on the current solid waste management infrastructure within the planning area, both public and private. o Evidence that the proposed facility or facility expansion is sited in a location deemed suitable according to the criteria listed in this plan. o Evidence that the proposed facility or facility expansion is sited in an area deemed suitable location consistent with local zoning ordinances. o Evidence that the proper public notification was given, including notification of all adjacent property owners. 2. Within 45 days after the written statement from the owner/operator is received, Augusta Engineering Committee will make a recommendation as to whether the proposed facility or facility expansion is consistent with the SWMP. This recommendation will be documented in a letter to the governing body of the jurisdiction in which the proposed facility or facility expansion is sited. To make a determination , the Engineering Committee will conduct a process that at a minimum includes the following: o Determine if the operation of the proposed facility or facility expansion would be consistent with regulations established by the County for privately operated waste handling and disposal facilities as provided for in County Ordinance o Determine the need for the proposed facility or facility expansion, based on projected remaining useful life of existing disposal facilities, will be the initial screen for any finding of consistency with this solid waste management plan. Need will be defined as less than 10 years of disposal capacity remaining, at the time that the request is submitted, in existing disposal facilities recognized in this solid waste management plan. Remaining disposal capacity will be calculated based on an engineering calculation of remaining capacity divided by the annual rate of disposal of in-County and contracted out-of-county waste at the time that the request is submitted given waste reduction programs and performance in place at that time; o Determine if the proposed facility or facility expansion is sited in an area deemed unsuitable according to development criteria; o Determine if the proposed facility or facility expansion is sited in a location that is consistent with all local zoning ordinances; Chapter 6 Land Limitation Element 6-3 Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department o Determine if the proposed facility or facility expansion may negatively impact other natural or cultural resources of the County; o Determine if the proposed facility or facility expansion would negatively impact the County’s ability to contribute to the state-wide solid waste reduction; o Determine if proposed facility or facility expansion may negatively impact the financial viability of the County’s solid waste management system o Hold at least one public hearing on the proposed facility to gather input regarding the consistency of the facility with the SWMP. This public hearing will be advertised according to local requirements regarding public notification of public hearings; o Determine if the proposed facility or facility expansion is properly insured so that closure and post-closure care is assured; o Determine if the proposed facility or facility expansion has a mitigation plan above and beyond financial assurance already required; o Evaluate the past performance of other waste handling facilities owned or operated by the applicant as a determining factor the feasibility of the new facility or facility expansion. The Committee may recommend withholding approval based on owner or operators past performance; o Determine if the proposed facility or facility expansion is in the best interest of public health and safety; 3. The governing body of the jurisdiction in which the proposed facility or facility expansion is sited shall review the written documentation of consistency from the owner/operator, the recommendation of the Engineering Committee, and comments received at the public hearing to determine whether the proposed facility or facility expansion is consistent with the SWMP. Within 30 days of making their determination, the governing body shall notify the facility owner/operator whether the proposed facility or facility expansion is consistent with the Plan. If the governing body of the jurisdiction determines that the proposed facility or facility expansion is consistent with the SWMP, the governing body will issue a letter of consistency. 4. If the governing body of the jurisdiction determines that proposed facility or facility expansion is not consistent with the SWMP, the owner/operator may address the inconsistencies and resubmit their request for another review. This review will follow the process described above in Items 1 thorough 3. 6.2 INVENTORY AND NATURAL ENVIRONMENTAL LIMITATIONS 6.2.1 INVENTORY LAND AREAS Augusta occupies a land area of 207,386 acres, or 324.04 square miles (sq. mi), with an additional 2,823 acres (4.41 sq. mi.) of water area. Augusta straddles the Fall Line, a geological boundary following the Appalachian mountain range from Alabama to New York. In Georgia and South Carolina, the Fall Line Chapter 6 Land Limitation Element 6-4Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department separates the Piedmont from the Coastal Plain. The Savannah River and its tributaries drain most of Augusta. Water Supply Watersheds The Georgia DNR defines a water supply watershed as the area of land upstream of a governmental owned public drinking water intake. DNR has minimum criteria for both small and large watersheds. Small watersheds (<100 square miles in the drainage basin) have more stringent criteria concerning establishment of facilities and usage of hazardous materials. All water supply watersheds in Augusta are subject to DNR’s Criteria for Water Supply Watersheds. Figure C displays August’s watershed areas. Augusta has one large watershed and one small watershed. Augusta currently has several ordinances and programs in place to protect water supply watersheds from pollution and alteration. Figure C: Watershed Areas Chapter 6 Land Limitation Element 6-5 Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department Groundwater Recharge Areas Groundwater recharge areas are portions of the earth’s surface where water infiltrates the ground to replenish an aquifer, which is an area of soil and rocks that stores groundwater. Recharge areas located within Augusta can be found in Figure D. The Augusta has two major aquifers: Upper Cretaceous and Basal Cretaceous. Augusta pumps most of its groundwater from the Basal Cretaceous aquifer. The recharge area for the aquifers is classified by DNR as a significant groundwater recharge area. DNR has issued regulations on groundwater recharge areas regarding solid waste landfills and hazardous waste disposal. Figure D: Ground Water Recharge Areas Chapter 6 Land Limitation Element 6-6Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department Wetlands The Clean Water Act defines wetlands as areas inundated by enough water to support vegetation. Figure E depicts the wetland regions in Augusta. Wetlands in Augusta are located near the Savannah River, the Augusta Canal, and other major tributaries. Phinizy Swamp, the large Savannah River floodplain, contains the greatest concentration of wetlands. DNR has regulations on waste management within wetland regions. Figure E: Wetlands Areas Chapter 6 Land Limitation Element 6-7 Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department River Corridors The Savannah River is protected under the Georgia Mountain and River Corridor Protection Act, which was enacted to preserve vegetation, wildlife, and water quality in the surrounding areas along the river. DNR has issued minimum criteria for river corridors to preserve their wellbeing. The Savannah River Corridor is displayed in Figure F. Figure F: Savannah River Corridor Chapter 6 Land Limitation Element 6-8 Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department Floodplains Augusta has been involved in the National Flood Insurance Program for approximately 40 years. The Flood Damage Prevention Ordinance issued by Augusta requires a permit for extensive land use in a floodplain region. Augusta also has a Flood Hazard Mitigation Plan to outline the risks and strategies of floods in the area. Augusta’s floodplains are illustrated in Figure G. Figure G: Floodplain Areas Chapter 6 Land Limitation Element 6-9 Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department Local Zoning/Land Use Zoning is the process of dividing land into specified areas for a particular use. This is often enacted and regulated by city or county authorities to guide growth and development. Figure H displays the zoning map for Augusta. Figure H: Existing 2017 Land Use Map Chapter 6 Land Limitation Element 6-10Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department Historic Resources There are approximately 5,800 properties located in nine districts in Augusta that are in the National Register of Historic Places, with 29 properties listed individually in the register. Augusta’s historic districts are shown in Figure I. Airport Proximity Augusta has two airports: Augusta Regional Airport at Bush Field and Daniel Field. DNR has regulations on waste facilities and disposal near airports. Jurisdictional Boundaries Augusta has neighbors: Columbia and McDuffie Counties to the northwest, Burke and Jefferson Counties to the south, and Aiken County of South Carolina to the east. Criteria for waste facilities and disposal within Augusta must be consistent with those in neighboring jurisdictions. Figure I: National Register Historic District Chapter 6 Land Limitation Element 6-11 Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department Access The access and availability provided by the highway system in Augusta allows for a simpler siting process for potential solid waste handling facilities. 6.2.2 NATURAL ENVIRONMENTAL LIMITATIONS Water Supply Watersheds According to the Georgia DNR Rule 393-3-16-.01(7)(c)1, new solid waste landfills must have synthetic liners and leachate collection systems at all locations within a small water supply watershed. Groundwater Recharge Areas DNR Rule 393-3-16-.02(3)(a) issues that in significant groundwater recharge areas, DNR shall not issue permits for new solid waste landfills that do not have synthetic liners and leachate collection systems. Wetlands DNR Rule 393-3-16-.03(3)(e) establishes that solid waste landfills are considered an unacceptable use of a wetland. River Corridors DNR Rule 393-3-16-.04(4)(h) prohibits the development of new solid waste landfills within protected river corridors. Protected Mountains DNR Rule 393-3-16-.05(4)(l) prohibits the development of new solid waste landfills in areas designated as protected mountains. No protected mountains are present in the planning area. 6.3 REVIEW OF DECISION-MAKING PROCESS FOR NEW WASTE HANDLING FACILITIES (CRITERIA FOR SITING) 6.3.1 CRITERIA FOR SITING Chapter 391-3-4-.05 of the Georgia DNR’s EPD relates specifically to the siting criteria for solid waste management facilities. The following items are criteria for siting solid waste facilities under DNR Rules. Zoning DNR Rule 391-3-4-.05(1)(a) requires that the site conform to all local zoning/land use ordinances. Written verification that demonstrates compliance must be submitted to the EPD. Chapter 6 Land Limitation Element 6-12 Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department Airport Safety DNR Rule 391-3-4-.05(1)(c) requires that new solid waste landfill units or lateral expansions of existing units shall not be located within 10,000 feet of any public- or private-use airport runway used by turbojet aircraft or within 5,000 feet of any public- or private-use airport runway used by only piston-type aircraft. Owners or operators proposing to site new solid waste landfill units and lateral expansions within a five- mile radius of any public- or private-use airport runway end used by turbojet or piston-type aircraft must notify the affected airport and the Federal Aviation Administration. Floodplains DNR Rule 391-3-4-.05(1)(d) states that any solid waste management facility located in the 100-year floodplain shall not restrict the flow of the 100-year flood, reduce the temporary water storage capacity of the floodplain, or result in a washout of solid waste that poses as a hazard to human health and the environment. Wetlands DNR Rule 391-3-4-.05(1)(e) prohibits the development of new solid waste management facilities in wetlands as defined by the U.S. Corps. of Engineers unless evidence is provided to EPD by the applicant that the use of such wetlands has been permitted or otherwise authorized under all other applicable state and federal laws and rules. Fault Areas DNR Rule 391-3-4-.05(1)(f) requires that new solid waste landfill units or lateral expansions of existing units shall not be located within 200 feet of a fault that has had displacement in the Holocene Epoch unless the owner or operator demonstrates to the EPD that an alternative setback distance of less than 200 feet will prevent damage to the structural integrity of the landfill unit and will be protective of human health and the environment. Seismic Impact Zones DNR Rule 391-3-4-.05(1)(g) prohibits the development of new solid waste management facilities in seismic impact zones unless the owner or operator demonstrates to EPD that all containment structures, including liners, leachate collection systems, and surface water control systems, are designed to resist the maximum horizontal acceleration in lithified earth material for the site. Unstable Areas DNR Rule 391-3-4-.05(1)(h) requires owners or operators of new landfill units, existing landfill units, and lateral expansions located in an unstable area to demonstrate that engineering measures have been incorporated into the landfill unit’s design to ensure that the integrity of the landfill unit’s structural components will not be disrupted. Chapter 6 Land Limitation Element 6-13 Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department Significant Groundwater Recharge Areas DNR Ruel 391-3-4-.05(1)(i) dictates that any new solid waste landfill or lateral expansion of an existing solid waste landfill located within two miles of a significant groundwater recharge area must have a liner and leachate collection system and that no regional landfill that accepts solid waste generated outside of the county in which it is located can exist, even partially, within a significant groundwater recharge area. 6.3.2 OTHER CONSIDERATIONS Permitting Solid Waste Management in Georgia complies with Chapter 391-3-4 of the Georgia EPD. DNR Rule 391- 3-4-.05(1)(b) requires that whenever any applicant begins a process to select a site for a solid waste disposal facility, documentation demonstrating compliance with O.C.G.A. § 12-8-26(a) be submitted to the EPD; further, whenever any applicant takes action resulting in a publicly- or privately-owned solid waste disposal facility siting decision, documentation demonstrating compliance with O.C.G.A. § 12-8- 26(b) be submitted to the EPD. Upon site selection, the applicant must conduct a Hydrogeological Assessment in accordance with DNR Rule 391-3-4-.05(1)(j). Preparation of the land limitation element of a SWMP should comply with the Solid Waste Management Act and Chapter 391-3-4 of the DNR Rules. If an applicant undertakes the Facilities Issues Negotiation Process pursuant to a facility siting decision, the process will be undertaken in accordance with O.C.G.A. § 12-8-32 and any guidelines issued by the department pursuant to state law. Commercial Industrial Waste Landfills According to DNR Rule 391-3-4-.05(3), commercial industrial waste landfills must meet the same siting criteria as MSW landfills. Military Airspace DNR Rule 391-3-4-.05(1)(k) prohibits the development of new solid waste landfill units within two miles of a federally restricted military air space that is used as a bombing range. Buffer Zones DNR Rule 391-3-4-.07(1)(b) requires all solid waste landfill units to provide a minimum 200-foot buffer between the waste disposal boundary and the property line as well as a minimum 500-foot buffer between the waste disposal boundary and any occupied dwelling and the dwelling’s water supply well. Chapter 6 Land Limitation Element 6-14Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department 6.4 UPDATED STATEMENT OF NEEDS AND GOALS REGARDING LAND LIMITATION Based on existing facilities’ capacities and lifespans, no new solid waste disposal facilities or transfer stations will be necessary for compliance with the 10-year disposal capacity requirement. The goal of this land limitation element is to: Ensure that existing solid waste handling facilities are compatible with surrounding areas and abide by current Georgia EPD rules. Ensure that new solid waste handling facilities are placed in suitable areas, abide by current Georgia EPD rules, and are approved for development within Augusta. 6.5 REVIEW AND ADEQUACY OF PROCESSES AND PROCEDURES TO DETERMINE CONSISTENCY OF PROPOSED FACILITIES WITH SWMP 6.5.1 ALL SOLID WASTE FACILITIES Any facility requesting renewal, modification, or issuance of a solid waste handling permit from the EPD must demonstrate that they are consistent with Augusta’s SWMP. Chapter 391-3-4-.05 of the Georgia DNR EPD rules specifies siting criteria associated with landfills and solid waste transfer facilities. 6.5.2 PRIVATELY-OWNED SOLID WASTE HANDLING AND DISPOSAL FACILITIES All privately-owned solid waste handling and disposal facilities requesting a renewal, modification, or issuance of a permit from EPD or Augusta must demonstrate that the facility or facility expansion is consistent with Augusta’s SWMP. In addition to any criteria set forth under DNR’s regulations, Augusta will also use the following criteria to determine whether the issuance of the requested permit is consistent with the SWMP: A determination has been made by Augusta that operation of the proposed facility or facility expansion would be consistent with regulations established by Augusta for privately operated waste handling and disposal facilities as provided for in the Augusta Ordinance. A determination has been made by Augusta that there is a need for the proposed facility or facility expansion, based on projected remaining useful life of existing disposal facilities, will be the initial screen for any finding of consistency with this SWMP. Need will be defined as less than 10 years of disposal capacity remaining in existing disposal facilities recognized in this SWMP at the time that the request is submitted. Remaining disposal capacity will be calculated based on an engineering calculation of remaining capacity divided by the annual rate of disposal of in-county and out-of-county waste at the time that the request is submitted and considering waste reduction programs and performance in place at that time. Chapter 6 Land Limitation Element 6-15Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department A determination has been made by Augusta that the proposed facility or facility expansion is not sited in an area deemed unsuitable according to development criteria (examples include, but are not limited to: in groundwater recharge areas; located within two miles of a municipal water supply; on soils poorly suited for development; on slopes of greater than 25 percent; in areas that do not have easy accessibility to transportation networks; on urban or built up lands; on or around water bodies or wetlands; or on federal, state, or public lands). A determination has been made by Augusta that the proposed facility or facility expansion is sited in a location that is consistent with all local zoning ordinances. A determination has been made by Augusta that the proposed facility or facility expansion does not negatively impact other natural or cultural resources of Augusta. A determination has been made by Augusta that the proposed facility or facility expansion does not negatively impact the current solid waste management infrastructure of Augusta. A determination has been made by Augusta that the proposed facility or facility expansion does not negatively impact collection capability and/or disposal capacity identified in the SWMP. A determination has been made by Augusta that the proposed facility or facility expansion does not negatively impact Augusta’s ability to contribute to state-wide solid waste reduction. A determination has been made by Augusta that the proposed facility or facility expansion does not negatively impact the financial viability of the Augusta’s solid waste management system. A determination has been made by Augusta that the proposed facility or facility expansion is properly insured so that closure and post-closure care are assured. A determination has been made by Augusta that the proposed facility or facility expansion has a mitigation plan above and beyond financial assurance already required. A determination has been made by Augusta that the past performance of other waste handling facilities owned or operated by the applicant will be used in determining the feasibility of the new facility or facility expansion. Augusta may withhold approval based on such past performance. A determination has been made by Augusta that the proposed facility or facility expansion is in the best interest of public health and safety. No proposed privately-owned facility or facility expansion will be sited without a letter from the Augusta Administrator and the City Councils of Blythe and Hephzibah (if said facility is within their city limits) stating that the facility is consistent with the SWMP. The Augusta Commission and the City Councils of Blythe and Hephzibah may hold one or more public hearings to gather input to make this determination for their respective jurisdictions. Should a determination be made by the Administrator that one or more public hearings shall be held, then the applicants of proposed facilities or facility expansions shall consult with Augusta and its Augusta officials (if said facility is within Augusta) to identify an appropriate date to schedule a public hearing. The applicant shall advertise the public hearing in the local newspaper and distribute letters of intent to adjacent property owners no less than 15 days prior to the date of the scheduled hearing. Should the Commission and Council (if said facility is within their city limits), based on information provided, disapprove of the proposal based on inconsistency with the adopted SWMP, the applicant may appeal and provide additional information at a subsequent Commission and Council (if said facility is within their Chapter 6 Land Limitation Element 6-16Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department city limits) meeting. Applicants may appeal any additional negative ruling by the Commission and Council (if said facility is within their city limits) to circuit court. Chapter 7 Education and Public Outreach Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department CHAPTER 7 EDUCATION AND PUBLIC OUTREACH Chapter 7 Education and Public Outreach Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department Chapter 7 EDUCATION AND PUBLIC OUTREACH Augusta is dedicated to public-sector programs and public outreach to encourage good solid waste management practices that are targeted to reduce waste, increase recycling, and preventing litter. Augusta uses a variety of mechanisms to distribute information to residents and businesses regarding proper recycling and waste management, including the following: Augusta Website: ESD has useful information on its webpage regarding its recycling and solid waste programs. Links are provided to flyers, cleanup program forms, the Waste Wizard, and an Augusta Environmental Services survey. The Waste Wizard is a search engine that provides guidance on how to recycle and safely dispose of materials. Collection Vehicle Wraps: The residential collection contractors are required to provide trucks that have been wrapped with messaging that promotes recycling awareness and participation. Keep Augusta Beautiful (KAUGB): This is a program approved by the Augusta Commission in September 2017, and launched in 2018, with a mission to educate, engage, and coordinate public awareness of litter prevention, proper recycling, and beautification of Augusta. School Education Programs: Field trips as well as in-classroom programs are available. Speakers Bureau: Two ESD staff members and a dedicated Code Enforcement Officer are available to conduct workshops, presentations, and landfill tours for civic organizations, residents, schools, and businesses. Special Events: Special events are held on Earth Day and America Recycles Day to stimulate environmental awareness and promote sustainable living initiatives. They are free to the public. A 311 hotline: ESD has dedicated resources to answer questions and field calls on collection and recycling related service issues. 7.1 INVENTORY OF EDUCATION AND PUBLIC OUTREACH 7.1.1 EDUCATION PROGRAMS AND EVENTS As a partner and service provider to the community, Augusta strives offer a variety of community-focused programs and events to benefit its citizens. Augusta offers the following programs, events, and information: Neighborhood Cleanup Program - Augusta Environmental Services has a program that will help Augusta residents keep their neighborhoods clean year-round. The program gives a small group of residents access to a dumpster in their area for a weekend to clean their neighborhood. This is a free service if the rules and regulations are followed. Volunteer Litter Cleanup Program - This program provides supplies to groups, clubs, and other organizations (of 2 -20 volunteers) that organize litter cleanups. Supplies include sticks, gloves, and bags. Chapter 7 Education and Public Outreach Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department Event Recycling Program - Augusta has an established recycling bin loan program that is available to support the hundreds of events (e.g., fairs, festivals, block parties) held in the community each year. Bins are provided at no cost to event organizers to allow on-site collection of aluminum, plastic, and paper recyclables. Civic Group Tire Collection Program - Augusta ESD offers this program to civic and non-profit groups that want to collect tires from public rights-of-way or illegal dump sites within Augusta. The program includes planning support and financial incentives in the form of $2.00 per passenger vehicle tire that is collected and brought to the landfill. School Education Programs - Augusta ESD offer field trips to the landfill facility and in-classroom programs. The ESD works with other Augusta organizations as well as the educators at Phinizy Swamp (Center for Water Sciences, a 1,100-acre nature park) to provide a program for each grade level and curriculum. TreeCycle your Christmas Tree - After the Christmas holiday and into the month of January, Augusta collects Christmas trees at the curb, free of charge, for residents who participate in the garbage collection program. Live trees must have no decorations and should be placed at the curb. Fake trees must also have no decorations; these will be collected as bulky waste. See flyer here. Household Waste – To safely and properly dispose of household waste items, such as old can paints, or a bottle of insecticide, Augusta ESD provides proper disposal instructions to residents and customers. For more information, see flyer here. Composting – Augusta ESD provides residents with compost bins to save space in landfills, improve soil quality naturally, and help conserve natural resources. For more information on how to properly start composting, see flyer here. Grasscycling – Grasscycling is a natural way of recycling grass clippings. This helps reduce the amount of yard waste collected by Augusta ESD, as well as provides the lawn with nutrients it needs, and does not cause thatch buildup. For more information, see flyer here. Needle Disposal - Needles, syringes, lancets, and other “sharps” are considered to be special care items and can be harmful to those collecting your garbage. For more information, refer to this flyer for disposal guidelines. Scrap Tire Recycling Events - Augusta ESD holds free quarterly scrap tire recycling events for residents at the Landfill. A few basic rules: 1) each customer must provide proof of Augusta residency; 2) tires are not accepted from tire businesses or commercial customers; 3) tires may be on or off the rim; 4) please be prepared to unload your vehicle. In addition, the ESD assists residents working with Augusta Code Enforcement or the Augusta Marshal’s Office to do one- time cleanup events on their residential property due to excessive tire piles. Chapter 7 Education and Public Outreach Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department 7.1.2 ONLINE EDUCATION Augusta’s ESD maintains an online presence to provide information and education on a range of topics. These topics include available services, calendars and schedules, instructions for recycling specific items, and care of a recycling or garbage carts, among others. The topics can be accessed at: https://www.augustaga.gov/2613/Environmental-Services Below in Figure 7-1 is the menu of online information and tools available to users. Figure 7-1: ESD Online Menu Collection Schedule 311 Report a Problem Waste Wizard Services Recycling Community Programs Education & Events Forms and Documents Chapter 7 Education and Public Outreach Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department Augusta’s has an online tool call Waste-Wizard provides users the ability to quickly lookup up proper recycling or disposal method for a wide range of materials. This tool can be accessed at: https://www.augustaga.gov/2325/Waste-Wizard. Figure 7-2 shows the Waste-Wizard user interface. Figure 7-2: Augusta’s Online Waste-Wizard Interface Chapter 7 Education and Public Outreach Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department 7.1.3 Keep Augusta Beautiful (KAUGB) Augusta launched its KAUGB program in 2018 with a goal “to Educate, Engage, and Coordinate public awareness on litter prevention, proper recycling, and beautification of Augusta.” By providing resources, information, and support to residents of Augusta, KAUGB consistently seeks to serves its purpose of keeping Augusta beautiful. KAUGB’s projects include litter pickups, waterway cleanups, and recycling events, and its program manager is Edkesha Anderson. KAUGB hopes to reduce littering throughout Augusta by providing residents with the tools and education that they need to recycle and dispose of materials responsibly. KAUGB’s website serves as a resource where residents can find information about community events, cleanups, and ongoing beautification efforts. KAUGB also provides guidance and assistance to citizens of Augusta who want to host cleanup events in their areas. The objectives of KAUGB are to reduce litter by 5-10% annually, increase responsible recycling and decrease recycling contamination by 5% annually, and promote and provide beautification efforts county-wide. In order to meet these goals, KAUGB will function as a centralized location where residents can contact community partners and volunteers; find and submit applications for KAUGB and Environmental Services programs, and access information regarding workshops and events. KAUGB is currently working through the process of becoming an affiliate of Keep America Beautiful (KAB), a national initiative with similar goals to KAUGB. Through this affiliation, KAB would provide KAUGB with additional resources and funding as well as the credibility of affiliating with a national program. Read more about the affiliation process here: https://www.augustaga.gov/2654/Affiliation-Process. KUAG support multiple events and programs. These include: •The Great American Clean Up, a free residential recycling event targeted at cleaning up residential properties •Adopt a Spot Program which provides supplies and services to support citizens groups efforts to perform cleanup events for adopted locations •Composting and recycling education class partnerships to assist in teaching classes across all levels of education (e.g., elementary, middle, and high school and adults). •2019 Earth Day Augusta, the sixth annual event, which promotes environmental education and local vendors in a fun atmosphere which includes live entertainment. Chapter 7 Education and Public Outreach Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department 7.2 ASSESSMENT OF EDUCATION AND PUBLIC OUTREACH A clear and effective E&PO campaign is an ongoing and integral part of any successful waste reduction and recycling program. Developing and implementing such a campaign to address the low participation and high contamination rates that are undermining the residential recycling program should be a top priority. The estimated residential recycling participation rate of 30% indicates that some single-family residents might not realize that they are already paying for residential recycling collection as part of their garbage collection service. Also, many multi- family living units do not offer recycling for their tenants. Key elements in developing an effective education and outreach campaign include the following: Understanding Your Target Audience: This is fundamental to developing messages that resonate with your audience and have the potential to bring about behavior change. It also helps you to identify the communication outlets (e.g., internet, social media, radio, print, etc.) most likely to reach your target audience. Rebranding: ESD’s motto “Cleaner. Greener. Smarter,” is a good slogan for the overall system, but a more specific brand could be created for the waste reduction and recycling program. Easy Navigation between Web Pages: Augusta’s recycling webpage is a good source of information but is limited. Environmental benefits and the importance of recycling can be integrated to enhance the message. Ultimately, the goal should be for Augusta’s recycling webpage to be dynamic and regularly modified to provide new messages and resources. Most importantly, the site should showcase the ongoing efforts of ESD staff to increase recycling. Augusta’s main website (augustaga.gov) should allow residents to find recycling information easily. Currently, if someone wants recycling information, they must know to look under Environmental Services in the department listing, which is not necessarily intuitive. o Keep Augusta Beautiful (KAUGB) is a new community engagement initiative whose mission and objectives include promoting recycling and decreasing recycling contamination. However, KAUGB’s webpage is not easy to find, currently located under the Living Here tab of Augusta’s main website. Chapter 7 Education and Public Outreach Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department o Changes to the department’s directory and search function and the addition of logos that link to the above webpages would be simple ways to improve navigation to recycling information. Social Media: Facebook, Instagram, and Twitter offer venues for Augusta to reach its audience on a regular basis. Augusta Solid Waste does have Facebook, Instagram, and Twitter accounts, but the content is very limited. The latest posts on Facebook and Twitter are from September 2017, and Instagram only has three posts from April 2016. o A well-run Facebook page can generate interest in Augusta’s programs. Linking the page to Augusta’s website and including the page on printed literature will help garner a Facebook audience. However, maintaining consistent activity on social media can be time consuming, and it will be difficult to maintain a social media presence without a Recycling Program Coordinator. An interim measure may be to fund a summer internship for a local college student with social media skills. Printed Materials: While social media provides a useful outlet for reaching more individuals, marketing specialists caution not to abandon the printed word. Some individuals prefer to receive information about recycling in mailings or their utility bill inserts. Residents might keep a bill insert or magnet that includes the collection day and an infographic of accepted recyclables on their refrigerator to reference. Other types of printed materials include brochures, newsletters, postcards, news articles, media releases, cart labels, and truck wraps. Messaging: Effective programs need to communicate with both those who recycle and those who do not. For those who recycle, the focus is less promotional and more instructional (i.e., where, when, and what to recycle and, more specifically, how to recycle correctly). When communicating with non-recyclers, you are trying to bring about a behavior change, which requires more creativity. Various studies have shown that positive messages focusing on the gains made through recycling are more effective than guilt-based approaches. Chapter 8 Goals and Strategy Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department CHAPTER 8 GOALS AND STRATEGIES Chapter 8 Goals and Strategies 8-1Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department Chapter 8 GOALS AND STRATEGIES In this section, Augusta’s goals for each of the five planning elements are described along with strategies to achieve those goals. 8.1 WASTE REDUCTION ELEMENT Waste reduction includes any activity that results in waste being diverted from the landfill. This can include recycling, material reuse, waste reduction as well as waste conversion activities. Augusta has established two primary waste reduction goals for the planning period: Increase the yield of recyclable material from residential curbside and downtown collection by 3 to 5% per year over the planning period. Improve data collection and reporting of diversion ability. Facilitate expansion of recycling of construction and demolition material within the planning area. Augusta will pursue four primary strategies to achieve these goals: Implementation of multiple grassroots projects through KAUGB and the Environmental Services Department. Utilizing targeted education and incentives approach, projects will be developed to reduce residential recycling contamination (trash placed in rates from the current 50 plus percent to 15 percent over the planning period. Implement new scale house and recycling reporting software. Introduce, test, and implement a new downtown program, such as a localized compactor program, which will provide additional recycling options for businesses and residence which are currently part of or opt into the ESD program. Facilitate development of additional recycling capacity in the planning area by including the proposed Dixon Airline C&D landfill to this plan update.  8.2 COLLECTION ELEMENT Waste collection activities include managing programs to provide curbside residential and downtown collection services while also promoting the consistent and universal service access for business and industry throughout the planning area. Augusta has two primary waste collection goals: Chapter 8 Goals and Strategies 8-2Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department Continued reliable and high-quality collection services, as measured by missed services and survey results, to the approximately 65,000 plus residential and small businesses which are part of or have opted into Augusta’s program. Provide additional collection options to address the changing needs of the downtown area including, level of service, aesthetics, and cost. Augusta will pursue two primary strategies to achieve these goals: Continued utilization of the collection contractor model and utilization of software solutions for monitoring, data capture, and quality assurance of service. Introduce, test and implement new downtown collection programs, such as localized compactor program. 8.3 DISPOSAL ELEMENT This section addresses the state requirement that MSW plans provide for the availability of 10 years disposal capacity for the planning unit. Augusta has two primary disposal goals: Ensure Augusta has sufficient available disposal capacity to handle all solid waste generated in the planning area over the 10-year planning period, which is managed to meet or exceeds environmental regulations. Reduction of litter and illegal waste and tire dumping. Augusta will pursue three primary strategies to achieve these goals: Systematic planning, development and management of Augusta’s Landfill. Programs to reduce illegal disposal including litter and tire piles. Facilitate development of additional C&D disposal and recycling capacity in the planning area by including the proposed Dixon Airline C&D landfill to this plan update. 8.4 LAND LIMITATION ELEMENT Georgia requires that municipalities “identify those sites which are not suitable for solid waste handling facilities based on environmental and land use factors” in their Solid Waste Management Plan. Augusta’s land limitation goals include: Ensure that all solid waste handling facilities are consistent with environmental and land use limitations. Ensure solid waste handling facilities are consistent with this Solid Waste Management Plan Augusta will pursue two primary strategies to achieve these goals: Chapter 8 Goals and Strategies 8-3 Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department  Review and monitor current and proposed solid waste handling facilities for compliance and consistency.  Require all solid waste facilities follow the defined process for demonstrating consistency with this Plan. 8.5 PUBLIC EDUCATION AND OUTREACH ELEMENT Augusta has three Public Education and Outreach Goals:  Ensure that all residents and businesses have access to information on waste reduction and waste management in the planning area.  Educate residential customers on acceptable curbside recycling.  Seek regular feedback from residential and business customers collection customers on service satisfaction. Augusta will pursue three primary strategies to achieve these goals:  Continue to fund and manage education programs and information platforms and social media;  Support the growth of the KAUGB program; and  Annual customer satisfaction surveys. Appendix 1 Landfill Capacity Assurance Letter Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department APPENDIX 1 LANDFILL CAPACITY ASSURANCE LETTER Appendix 2 Sorted Samples Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department APPENDIX 2 WASTE COMPOSTION STUDY DATA Appendix 2 Sorted Samples Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department Table 2-8: Composition of Residential Waste Disposed (% by weight) Material Categories Weighted Avg. 90% Confidence Interval Lower Bounds Upper Bounds Newspaper 1.6% 0.8% 2.3% Corrugated Cardboard (OCC) 5.6% 4.0% 7.2% Office Paper 1.1% 0.2% 1.9% Mixed Recyclable Paper 9.3% 7.6% 11.0% Total Recyclable Paper 17.5% PET Bottles (#1) 3.0% 2.3% 3.6% HDPE Bottles (#2) 1.5% 1.3% 1.7% Non-Bottle Plastic Containers (#1 and #2) 0.7% 0.3% 1.1% Other Plastic Containers (#3-#7) 1.0% 0.7% 1.3% Tin/Steel Cans 2.0% 1.5% 2.5% Aluminum Cans 1.1% 0.9% 1.4% Glass Containers 4.7% 3.7% 5.8% Total Recyclable Containers 14.1% Compostable Paper 4.9% 4.1% 5.6% Clean Wood Waste 0.3% -0.1% 0.7% Yard Waste 4.1% 0.7% 7.5% Food Waste 17.4% 15.0% 19.8% Other Organics 3.3% 1.4% 5.2% Total Potential Compostables 29.9% Aseptic/Polycoated Containers 0.3% 0.2% 0.4% Bulky, Rigid Plastics 0.6% 0.1% 1.0% Expanded Polystyrene Foam 2.2% 1.8% 2.6% Ferrous Scrap Metals 0.4% 0.1% 0.8% Aluminum Foil and Trays 0.8% 0.5% 1.0% Non-Ferrous Scrap Metals 0.7% 0.0% 1.4% Textiles/Leather 6.1% 4.4% 7.9% Special Wastes 0.2% 0.0% 0.5% Electronics (E-waste) 1.2% 0.2% 2.2% C&D Debris 0.8% 0.1% 1.4% Tires and Rubber 0.1% 0.0% 0.2% Total Potential Recoverables 13.5% All Other Paper 2.8% 1.8% 3.9% Plastic Film 8.4% 7.7% 9.0% All Other Plastics 2.3% 1.9% 2.8% White Goods and Small Appliances 0.2% -0.1% 0.4% Other Glass 0.3% 0.0% 0.5% Household Batteries 0.1% -0.1% 0.3% Treated Wood Waste 0.1% 0.0% 0.2% Diapers 3.9% 2.5% 5.3% Composite Materials 4.9% 3.7% 6.2% Liquids 1.2% 0.7% 1.7% Grit 0.7% 0.0% 1.4% Total Other Materials 25.0% TOTALS 100.0% Note: Columns may not appear to calculate correctly due to rounding Appendix 2 Sorted Samples Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department Note: For the purpose of this figure, the following categories have been combined: • “All other recyclable paper” refers to the categories of newspaper, office paper, and mixed recyclable paper. • “Recyclable plastic containers” refers to the categories of PET bottles (#1), HDPE bottles (#2), non-bottle plastic containers #1 and #2, and other plastic containers #3-#7. • “Metal cans” refers to the categories of aluminum and tin/steel cans. • “Other metals” refers to the categories of ferrous and non-ferrous scrap metals and aluminum foil and trays. • “Other potential recoverables” refers to the categories of aseptic/polycoated containers; bulky, rigid plastics; special wastes; C&D debris; and tires and rubber. • “Other compostables” refers to the categories of compostable paper, clean wood waste, yard waste, and other organics. • “All other materials” refers to the categories of white goods and small appliances, other glass, household batteries, treated wood waste, composite materials, liquids, and grit. Figure 2-1: Composition of Residential Waste Disposed (% by Weight) Appendix 2 Sorted Samples Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department Table 2-9: Composition of Commercial Waste Disposed (% by weight) Material Categories Weighted Avg. 90% Confidence Interval Lower Bounds Upper Bounds Newspaper 1.4% -0.4% 3.2% Corrugated Cardboard (OCC) 12.9% 10.3% 15.5% Office Paper 1.1% 0.5% 1.8% Mixed Recyclable Paper 5.8% 4.0% 7.6% Total Recyclable Paper 21.3% PET Bottles (#1) 1.9% 1.5% 2.3% HDPE Bottles (#2) 1.1% 0.7% 1.5% Non-Bottle Plastic Containers (#1 and #2) 0.6% 0.2% 0.9% Other Plastic Containers (#3-#7) 1.5% 1.0% 2.0% Tin/Steel Cans 1.1% 0.8% 1.3% Aluminum Cans 0.7% 0.5% 0.9% Glass Containers 3.7% 2.0% 5.4% Total Recyclable Containers 10.5% Compostable Paper 5.4% 4.0% 6.8% Clean Wood Waste 0.3% 0.1% 0.4% Yard Waste 1.2% 0.2% 2.2% Food Waste 16.6% 12.8% 20.4% Other Organics 0.9% -0.1% 1.9% Total Potential Compostables 24.3% Aseptic/Polycoated Containers 0.5% 0.1% 0.8% Bulky, Rigid Plastics 1.3% 0.6% 2.1% Expanded Polystyrene Foam 1.7% 1.2% 2.3% Ferrous Scrap Metals 1.5% 0.8% 2.3% Aluminum Foil and Trays 0.4% 0.2% 0.5% Non-Ferrous Scrap Metals 0.3% 0.1% 0.5% Textiles/Leather 8.2% 3.4% 13.0% Special Wastes 0.2% -0.1% 0.5% Electronics (E-waste) 0.8% 0.1% 1.4% C&D Debris 0.2% 0.1% 0.3% Tires and Rubber 0.0% 0.0% 0.1% Total Potential Recoverables 15.1% All Other Paper 3.1% 2.5% 3.8% Plastic Film 9.3% 7.9% 10.8% All Other Plastics 1.9% 1.4% 2.3% White Goods and Small Appliances 0.1% 0.0% 0.1% Other Glass 1.3% -0.3% 2.8% Household Batteries 0.0% 0.0% 0.0% Treated Wood Waste 1.5% 0.6% 2.4% Diapers 4.9% 1.9% 7.9% Composite Materials 3.8% 1.9% 5.7% Liquids 2.4% 0.6% 4.2% Grit 0.5% 0.0% 0.9% Total Other Materials 28.7% TOTALS 100.0% Appendix 2 Sorted Samples Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department Note: Columns may not appear to calculate correctly due to rounding. Note: For the purpose of this figure, the following categories have been combined: • “All other recyclable paper” refers to the categories of newspaper, office paper, and mixed recyclable paper. • “Recyclable plastic containers” refers to the categories of PET bottles (#1), HDPE bottles (#2), non-bottle plastic containers #1 and #2, and other plastic containers #3-#7. • “Metal cans” refers to the categories of aluminum and tin/steel cans. • “Other metals” refers to the categories of ferrous and non-ferrous scrap metals and aluminum foil and trays. • “Other potential recoverables” refers to the categories of aseptic/polycoated containers; bulky, rigid plastics; special wastes; C&D debris; and tires and rubber. • “Other compostables” refers to the categories of compostable paper, clean wood waste, yard waste, and other organics. • “All other materials” refers to the categories of white goods and small appliances, other glass, household batteries, treated wood waste, composite materials, liquids, and grit. Figure 2-2: Composition of Commercial Waste Disposed (% by Weight) Appendix 2 Sorted Samples Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department Table 2-10: Composition of Aggregate Waste Disposed (% by weight) Material Categories Residential Commercial Aggregate Newspaper 1.6% 1.4% 1.5% Corrugated Cardboard (OCC) 5.6% 12.9% 10.7% Office Paper 1.1% 1.1% 1.1% Mixed Recyclable Paper 9.3% 5.8% 6.9% Total Recyclable Paper 17.5% 21.3% 20.1% PET Bottles (#1) 3.0% 1.9% 2.2% HDPE Bottles (#2) 1.5% 1.1% 1.2% Non-Bottle Plastic Containers (#1 and #2) 0.7% 0.6% 0.6% Other Plastic Containers (#3-#7) 1.0% 1.5% 1.4% Tin/Steel Cans 2.0% 1.1% 1.4% Aluminum Cans 1.1% 0.7% 0.8% Glass Containers 4.7% 3.7% 4.0% Total Recyclable Containers 14.1% 10.5% 11.6% Compostable Paper 4.9% 5.4% 5.2% Clean Wood Waste 0.3% 0.3% 0.3% Yard Waste 4.1% 1.2% 2.1% Food Waste 17.4% 16.6% 16.8% Other Organics 3.3% 0.9% 1.6% Total Potential Compostables 29.9% 24.3% 26.1% Aseptic/Polycoated Containers 0.3% 0.5% 0.4% Bulky, Rigid Plastics 0.6% 1.3% 1.1% Expanded Polystyrene Foam 2.2% 1.7% 1.9% Ferrous Scrap Metals 0.4% 1.5% 1.2% Aluminum Foil and Trays 0.8% 0.4% 0.5% Non-Ferrous Scrap Metals 0.7% 0.3% 0.4% Textiles/Leather 6.1% 8.2% 7.6% Special Wastes 0.2% 0.2% 0.2% Electronics (E-waste) 1.2% 0.8% 0.9% C&D Debris 0.8% 0.2% 0.3% Tires and Rubber 0.1% 0.0% 0.1% Total Potential Recoverables 13.5% 15.1% 14.6% All Other Paper 2.8% 3.1% 3.0% Plastic Film 8.4% 9.3% 9.0% All Other Plastics 2.3% 1.9% 2.0% White Goods and Small Appliances 0.2% 0.1% 0.1% Other Glass 0.3% 1.3% 1.0% Household Batteries 0.1% 0.0% 0.0% Treated Wood Waste 0.1% 1.5% 1.1% Diapers 3.9% 4.9% 4.6% Composite Materials 4.9% 3.8% 4.2% Liquids 1.2% 2.4% 2.1% Grit 0.7% 0.5% 0.5% Total Other Materials 25.0% 28.7% 27.6% TOTALS 100.0% 100.0% 100.0% Percent of Total Tonnage (March ’18) 30.6% 69.4% 100.0% Note: Columns may not appear to calculate correctly due to rounding Appendix 2 Sorted Samples Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department Note: For the purpose of this figure, the following categories have been combined: • “All other recyclable paper” refers to the categories of newspaper, office paper, and mixed recyclable paper. • “Recyclable plastic containers” refers to the categories of PET bottles (#1), HDPE bottles (#2), non-bottle plastic containers #1 and #2, and other plastic containers #3-#7. • “Metal cans” refers to the categories of aluminum and tin/steel cans. • “Other metals” refers to the categories of ferrous and non-ferrous scrap metals and aluminum foil and trays. • “Other potential recoverables” refers to the categories of aseptic/polycoated containers; bulky, rigid plastics; special wastes; C&D debris; and tires and rubber. • “Other compostables” refers to the categories of compostable paper, clean wood waste, yard waste, and other organics. • “All other materials” refers to the categories of white goods and small appliances, other glass, household batteries, treated wood waste, composite materials, liquids, and grit. Figure 2-3: Composition of Aggregate Waste Disposed (% by Weight) Appendix 2 Sorted Samples Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department Table 2-11: Comparison of Current WCS to 2004 WCS (% by weight) 2004 2018 Newspaper 7.4% 1.5% Newspaper Corrugated Cardboard 6.1% 10.7% Corrugated Cardboard (OCC) Office Paper 1.9% 1.1% Office Paper Magazines/Glossy 3.1% 6.9% Mixed Recyclable Paper Paperboard 6.1% Mixed (Recyclable) Paper 3.4% Total Recyclable Paper 28.0% 20.1% Total Recyclable Paper PET Bottles (#1) 1.7% 2.2% PET Bottles (#1) HDPE Bottles (#2) 1.2% 1.2% HDPE Bottles (#2) (Included in Other Rigid Plastics) - 0.6% Non-Bottle Plastic Containers (#1 and #2) #3-#7 Bottles 0.3% 1.4% Other Plastic Containers (#3-#7) Steel Cans 2.0% 1.4% Tin/Steel Cans Aluminum Cans 0.9% 0.8% Aluminum Cans Clear Glass 2.5% 4.0% Glass Containers Green Glass 0.7% Amber Glass 1.7% Total Recyclable Containers 11.0% 11.6% Total Recyclable Containers (Included in Other Non-recyclable Paper) - 5.2% Compostable Paper Wood (non-C&D) 1.2% 0.3% Clean Wood Waste Yard Waste 3.4% 2.1% Yard Waste Food Waste 13.9% 16.8% Food Waste Other Organics 1.2% 1.6% Other Organics Total Potential Compostables 19.7% 26.1% Total Potential Compostables (Included in Mixed Recyclable Paper) - 0.4% Aseptic/Polycoated Containers (Included in Other Rigid Plastics) - 1.1% Bulky, Rigid Plastics Expanded Polystyrene 2.1% 1.9% Expanded Polystyrene Foam Other Ferrous Meal 1.2% 1.2% Ferrous Scrap Metals Other Non-Ferrous Metal 0.8% 0.5% Aluminum Foil and Trays 0.4% Non-Ferrous Scrap Metals Textiles 6.2% 7.6% Textiles/Leather Household Hazardous Waste 0.6% 0.2% Special Wastes Televisions 0.1% 0.9% Electronics (E-waste) Computers 0.2% Other Electronics 0.6% Drywall 0.0% 0.3% C&D Debris Inerts 1.1% Carpet 0.3% Other C&D 0.3% Tires 0.0% 0.1% Tires and Rubber Total Potential Recoverables 13.5% 14.6% Total Potential Recoverables Other (Non-recyclable) Paper 6.6% 3.0% All Other Paper Film Plastic 8.6% 9.0% Plastic Film Other Rigid Plastics 4.4% 2.0% All Other Plastics (Included in Other Inorganics) - 0.1% White Goods and Small Appliances Other Glass 0.4% 1.0% Other Glass (Included in Other Inorganics) - 0.0% Household Batteries Wood (C&D) 1.1% 1.1% Treated Wood Waste Diapers 3.0% 4.6% Diapers Other Inorganics 0.7% 4.2% Composite Materials (Not measured) - 2.1% Liquids Fines 2.8% 0.5% Grit Total Other Materials 27.6% 27.6% Total Other Materials Note: Columns may not appear to calculate correctly due to rounding. Appendix 2 Sorted Samples Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department Table 2-12: Composition of Bulky/C&D Waste from Visual Audits Material Category Weighted Average (% by volume) 90% Confident Interval Total Volume (CY) Average Density (pounds [lbs.]/CY) Estimated Total Weight (lbs.) Weighted Average (% by weight) Lower Bounds Upper Bounds Treated Wood 11.2% 5.7% 16.7% 24.5 400 9,804 14.9% Untreated Wood 22.7% 9.9% 35.4% 49.6 400 19,853 30.3% Carpet and Padding 3.1% -0.5% 6.7% 6.8 84.4 570 0.9% Drywall 10.8% -1.7% 23.3% 23.6 600 14,186 21.6% Roofing Shingles 0.3% -1.0% 1.6% 0.7 731 482 0.7% Rock/Gravel/Grit 0.0% 0.0% 0.0% 0.0 1500 0 0.0% Bagged C&D Debris 1.2% -0.2% 2.5% 2.6 150 383 0.6% Fiberglass 3.6% -0.6% 7.7% 7.8 17 133 0.2% Other C&D 0.7% -0.1% 1.6% 1.6 150 241 0.4% Total C&D Debris 53.5% 69.6% Furniture 5.2% 0.3% 10.2% 11.4 145 1,653 2.5% Mattresses 3.6% -1.4% 8.5% 7.8 55 429 0.7% Total Furniture 8.8% 3.2% Corrugated Cardboard 12.3% 2.4% 22.2% 26.9 50 1,346 2.1% Other Paper 0.2% -0.2% 0.7% 0.5 364 191 0.3% Total Paper 12.5% 2.3% Major Appliances 0.5% -0.4% 1.5% 1.2 145 174 0.3% Heating Ventilation and Air Conditioning (HVAC) 0.0% 0.0% 0.0% 0.0 47 0 0.0% Other Non-Ferrous 0.3% -0.2% 0.8% 0.7 150 108 0.2% Other Ferrous 2.9% -1.8% 7.6% 6.3 150 945 1.4% Total Metals 3.8% 1.9% Plastic Film 1.2% 0.1% 2.3% 2.6 23 60 0.1% Polystyrene/Insulation 3.1% -2.9% 9.2% 6.9 17 117 0.2% Rigid Plastics 3.8% -0.2% 7.8% 8.3 50 416 0.6% Total Plastics 8.1% 0.9% Computers 0.1% -0.2% 0.3% 0.1 763.0 92 0.1% Televisions 0.7% -0.5% 1.9% 1.5 405.0 608 0.9% Other E-Waste 0.0% 0.0% 0.0% 0.0 763.0 0 0.0% Total E-Waste 0.7% 1.1% Yard Waste 3.5% -1.2% 8.2% 7.7 300 2,322 3.5% Dirt/Soil 4.7% -4.3% 13.6% 10.2 929 9,476 14.4% Household Bagged Waste 2.9% 0.4% 5.3% 6.3 150 945 1.4% Glass 0.0% 0.0% 0.0% 0.0 1000 0 0.0% Tires 0.1% -0.1% 0.4% 0.3 1350 405 0.6% Textiles 0.0% 0.0% 0.0% 0.0 175 0 0.0% Mixed Residue 1.4% -1.0% 3.7% 3.0 225 675 1.0% Total Other Materials 12.6% 21.1% 100.0% 64,507 100.0% Appendix 2 Sorted Samples Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department Note: Columns may not appear to calculate correctly due to rounding. Appendix 2 Sorted Samples Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department Figure 2-4: Composition of C&D Debris/Bulky Waste (% by Volume and Weight) Appendix 2 Sorted Samples Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department Attachment A – Material Categories # Material Categories Description of Categories 1 Newspaper Newspaper (loose or tied), including other paper normally distributed inside newspaper such as ads, flyers, etc. and other items made from newsprint, such as advertising guides. Newspaper found inside plastic sleeve will be removed from plastic and sorted accordingly. 2 Corrugated Cardboard (OCC) Uncoated cardboard boxes with a wavy core (no plastic liners, waxy coatings). Examples include shipping and moving boxes, packing boxes, and pizza boxes. 3 Office Paper Printed or unprinted paper typically generated in an office environment including white, colored, coated, and uncoated papers; envelopes; index cards; and manila- and pastel-colored file folders. Includes shredded paper. 4 Mixed Recyclable Paper All other recyclable paper not included in categories above. Examples include magazines, telephone books, catalogs, paperboard, chipboard, brown paper bags, mail, paperback books, blueprints, and other printed material on glossy and non-glossy paper. 5 Compostable Paper Generally low-grade, non-recyclable paper without a heavy plastic coating, including napkins, tissues, paper towels, and uncoated paper plates. 6 All Other Paper Non-compostable, non-recyclable paper products with a heavy plastic coating (e.g., waxy or plastic-coated OCC, paper to-go cups, French fry containers, coated paper plates, fast-food wrappers, wax and parchment paper, and ice cream tubs). Includes paper covered with paint or other non-food contamination. 7 Aseptic/Polycoated Containers Gable-top cartons, aseptic juice boxes, and other similar containers made of coated paperboard. Does not include plastic drink pouches (e.g., Capri-Sun). 8 PET Bottles (#1) Clear and colored bottles and jars made of polyethylene terephthalate (PET #1). Examples include soda bottles, water bottles, etc. Does not include loose caps. 9 HDPE Bottles (#2) Clear/natural and opaque, pigmented bottles made of HDPE (HDPE #2). Examples include milk jugs, detergent bottles, etc. Does not include loose caps and lids. 10 Non-Bottle PET and HDPE Containers (#1 and #2) Clear and colored plastic non-bottle containers coded PET #1. Examples include clamshell containers, fruit/vegetable platters, and some clear disposable cups. Wide-mouthed tubs and containers coded HDPE #2, including lids. Examples include large plastic coffee containers, and plastic chip tubes. Appendix 2 Sorted Samples Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department # Material Categories Description of Categories 11 Other Plastic Containers (#3-#7) All plastic containers coded #3, #4, #5, #6, or #7. Examples include yogurt cups, plastic drink cups (except those coded #1), plastic to-go containers (except those coded #1), some pill bottles, Arizona Iced Tea™ gallon jugs. Does not include expanded polystyrene containers coded #6 12 Bulky, Rigid Plastics Non-container rigid plastic items such as plastic drums, crates, buckets, baskets, toys, refuse totes, lawn furniture, flower pots, laundry baskets, and other large plastic items. Does not include electronic toys. 13 Expanded Polystyrene Foam (Styrofoam®) Container and non-container materials made of expanded polystyrene, which are typically white but may be pigmented. Examples include coolers, packaging materials, packing peanuts, egg cartons, clamshell containers, and disposable cups and plates. 14 Plastic Film Loose and bagged plastic retail bags, garbage bags, shrink wrap, re- sealable bags, plastic sheeting, Saran™ wrap, Visqueen, disposable gloves, etc. Does not include foil-lined plastic film (e.g., chip bags). 15 All Other Plastics Any plastic materials not categorized above, such as deodorant cases, plastic utensils, straws, toothbrushes, broom heads, etc. 16 Tin/Steel Cans Tin-plated steel cans, usually food containers and aerosol cans, including labels. Also includes steel caps and lids. 17 Ferrous Scrap Metals Non-container ferrous (magnetic) metal materials. Examples include clothes hangers, sheet metal products, pipes, miscellaneous metal scraps, pots and pans, and other magnetic metal items. 18 Aluminum Cans Aluminum soft drink, beer, and some food and aerosol cans. 19 Aluminum Foil and Trays Aluminum foil and food trays, such as disposal pie plates and catering trays. 20 Non-Ferrous Scrap Metals Non-container non-ferrous (non-magnetic) metal materials. Examples include aluminum pots and pans, copper wiring and tubing, and brass fixtures. 21 White Goods and Small Appliances Household appliances such as refrigerators, stoves, coffee makers, microwaves, fans, irons, hair driers, electrical kitchenware, and salvageable items such as machinery. 22 Glass Containers Clear, green, blue, and amber glass bottles and jars, as well as pieces of broken glass bottles and jars. 23 Other Glass Windowpanes, mirrors, ceramics, drinking glasses, and glass containers in colors other than clear, green, blue, or amber. 24 Textiles/Leather Clothing apparel, rags, leather, blankets, curtains, shoes, wallets, purses, belts, and scrap leather. 25 Special Wastes Materials that are considered household hazardous waste, including cleaners, oil, paint, pesticides, pool chemicals, fluorescent lights, medical waste, solvents, rechargeable batteries, etc. Does not include syringes without needles. Appendix 2 Sorted Samples Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department # Material Categories Description of Categories 26 Electronics (E-waste) Electronic devices (i.e. items with a circuit board), including televisions, computers, cell phones, cordless telephones, handheld devices, etc. Does not include electric devices (i.e. battery or electric-powered items without a circuit board), extension cords and chargers, headphones and earbuds, and electronic media (e.g., DVDs and CDs). 27 Household Batteries Non-rechargeable household batteries including AA, AAA, C, D, 9-volt, and button types. 28 Clean Wood Waste Untreated and unpainted lumber, pallets, and dimensional lumber. Also includes untreated/unpainted wood furniture including chairs, cabinets, dressers, etc. 29 Treated Wood Waste Treated and painted lumber, pallets, and dimensional lumber, including treated/painted wood furniture. Also includes engineered wood such as plywood, particle board, oriented strand board, fiberboard, and laminate. 30 C&D Debris C&D debris including concrete and other inert debris (brick, rocks, sand), carpet and padding, drywall, insulation, full and empty caulk tubes, paint supplies, and roofing materials. 31 Tires and Rubber Tires of any size and other items made of rubber. 32 Yard Waste Shrub and brush pruning’s, household bedding plants, weeds, leaves, grass clippings, and other landscaping and gardening wastes. 33 Food Waste Packaged/loose meat and vegetable waste. Includes coffee grounds, tea bags and single-use coffee pods (i.e., K-cups). 34 Other Organics Other organic material such as pet waste (e.g., bagged dog waste and cat litter), natural fiber or wicker products, corks, lint, and hair. 35 Diapers All child and adult diapers and incontinence aids. Includes feminine hygiene products. 36 Composite Materials Products that are composite of materials such as cigarette packages, binders, laminated paper, electrical devices other than electronics or small appliances, extension cords, string lights, Pringle’s® cans, chip bags, etc. 37 Liquids All liquids found within containers. Containers will be sorted into their appropriate categories. 38 Grit Any grit or fines remaining on the sort table that cannot be defined in the other categories. Appendix 2 Sorted Samples Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department Attachment B - Residential Sample Results Hauler/Location Re s i d e n t i a l - Ad v a n c e d , Mo n . 5 / 1 4 , ( T r u c k # 3 5 7 , Ro u t e # 6 3 0 ) Re s i d e n t i a l - Ad v a n c e d , Mo n . 5 / 1 4 , (T r u c k #2 4 1 5 3 2 , R o u t e # 6 3 1 ) Re s i d e n t i a l - Or i o n , M o n . 5/ 1 4 , ( T r u c k # 3 0 7 4 , Ro u t e # 4 ) Re s i d e n t i a l - Or i o n , Mo n . 5 / 1 4 ( T r u c k # 3 0 6 2 , Ro u t e # 5 ) Re s i d e n t i a l - Or i o n , T u e . 5/ 1 5 , ( T r u c k # 3 0 6 5 , Ro u t e # 6 ) Re s i d e n t i a l - Ad v a n c e d , Tu e . 5 / 1 5 , ( T r u c k # 3 5 7 , Ro u t e #6 3 0 ) Re s i d e n t i a l - Ad v a n c e d , Tu e . 5 / 1 5 , ( T r u c k #2 4 1 5 3 2 , R o u t e # 6 3 1 ) Material Categories sample # 5 6 8 10 17 18 19 1 Newspaper 1.9% 0.3% 3.5% 3.7% 0.4% 0.8% 1.8% 2 Corrugated Cardboard (OCC) 7.2% 4.8% 3.6% 8.6% 10.8% 9.9% 4.3% 3 Office Paper 5.8% 0.6% 0.0% 1.5% 0.0% 0.0% 0.4% 4 Mixed Recyclable Paper 13.9% 9.9% 1.1% 9.8% 7.1% 9.1% 12.5% 5 Compostable Paper 4.3% 3.9% 5.2% 6.2% 3.4% 5.9% 3.6% 6 All Other Paper 2.3% 1.2% 8.3% 1.0% 2.6% 3.9% 2.0% 7 Aseptic/Polycoated Containers 0.6% 0.2% 0.5% 0.4% 0.0% 0.2% 0.4% 8 PET Bottles (#1) 3.0% 2.1% 3.0% 1.7% 2.8% 4.2% 3.7% 9 HDPE Bottles (#2) 0.7% 1.2% 1.6% 1.2% 1.6% 2.3% 1.5% 10 Non-Bottle Plastic Containers (#1 and #2) 0.0% 0.9% 0.2% 0.0% 0.2% 0.5% 0.5% 11 Other Plastics Containers (#3-#7) 2.5% 0.8% 1.0% 0.5% 0.9% 0.9% 0.7% 12 Bulky, Rigid Plastics 0.5% 0.0% 0.2% 1.6% 0.0% 0.8% 2.7% 13 Expanded Polystyrene Foam 2.6% 1.8% 1.2% 2.3% 1.8% 3.0% 2.0% 14 Non-Rigid Plastic Film 7.4% 9.3% 7.9% 10.0% 9.8% 9.0% 6.7% 15 All Other Plastics 1.9% 1.7% 2.8% 2.6% 2.2% 2.3% 1.4% 16 Tin/Steel Cans 1.2% 0.8% 3.3% 3.8% 1.7% 1.4% 1.0% 17 Ferrous Scrap Metals 0.1% 0.7% 0.0% 0.2% 0.5% 2.1% 1.2% 18 Aluminum Cans 0.9% 1.0% 0.9% 1.4% 0.9% 1.9% 0.8% 19 Aluminum Foil and Trays 0.2% 0.9% 1.1% 0.7% 0.9% 1.1% 0.2% 20 Non-Ferrous Scrap Metals 1.3% 3.8% 3.1% 0.0% 0.0% 0.0% 0.0% 21 White Goods and Small Appliances 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 1.9% 22 Glass Containers 1.9% 3.3% 7.9% 3.3% 4.7% 5.9% 2.8% 23 Other Glass 0.3% 1.2% 1.0% 0.5% 0.0% 0.0% 0.0% 24 Textiles/Leather 2.6% 3.8% 7.0% 2.0% 12.4% 4.5% 8.7% 25 Special Wastes 0.0% 0.0% 1.7% 0.0% 0.0% 0.9% 0.0% 26 Electronics (E-waste) 0.0% 6.3% 0.0% 0.3% 3.4% 1.1% 0.0% 27 Household Batteries 0.0% 0.0% 0.1% 1.4% 0.0% 0.0% 0.0% 28 Clean Wood Waste 2.6% 0.0% 0.9% 0.2% 0.0% 0.0% 0.0% 29 Treated Wood Waste 0.0% 0.0% 0.0% 0.8% 0.0% 0.5% 0.0% 30 C&D Debris 0.0% 4.2% 0.3% 0.0% 1.1% 0.5% 0.0% 31 Tires and Rubber 0.0% 0.1% 0.2% 0.0% 0.0% 0.0% 0.0% 32 Yard Waste 5.3% 0.0% 0.0% 0.0% 0.0% 0.2% 19.4% 33 Food Waste 14.9% 22.4% 11.1% 15.6% 16.6% 18.9% 12.1% 34 Other Organics 0.9% 2.0% 9.4% 6.4% 0.3% 0.4% 1.2% 35 Diapers 3.2% 3.6% 1.3% 5.6% 10.7% 2.4% 2.2% 36 Composite Materials 9.8% 6.4% 7.7% 6.3% 2.6% 3.1% 2.7% 37 Liquids 0.3% 0.7% 2.5% 0.5% 0.6% 2.2% 1.7% 38 Grit 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% Appendix 2 Sorted Samples Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department Attachment B - Residential Sample Results (continued) Hauler/Location Re s i d e n t i a l - Or i o n , T u e . 5/ 1 5 , ( T r u c k # 3 0 7 0 , Ro u t e # 7 ) Re s i d e n t i a l - Or i o n , W e d . 5/ 1 6 , ( T r u c k # 3 0 6 7 , Ro u t e # 2 ) Re s i d e n t i a l - Ad v a n c e d , We d . 5 / 1 6 , ( T r u c k #2 4 1 5 3 2 , R o u t e # 6 3 1 ) Re s i d e n t i a l - Or i o n , T h u . 5/ 1 7 , ( T r u c k # 3 0 7 6 , Ro u t e # 3 ) Re s i d e n t i a l - Ad v a n c e d , Th u . 5 / 1 7 , ( T r u c k #2 4 1 5 3 2 , R o u t e # 6 3 1 ) Material Categories sample 20 21 25 30 32 1 Newspaper 0.2% 4.2% 0.9% 0.5% 0.4% 2 Corrugated Cardboard (OCC) 0.5% 5.5% 2.8% 5.1% 4.1% 3 Office Paper 0.1% 0.5% 0.3% 0.5% 2.8% 4 Mixed Recyclable Paper 11.2% 7.7% 11.1% 7.2% 10.7% 5 Compostable Paper 4.0% 7.8% 6.0% 4.6% 3.3% 6 All Other Paper 2.1% 1.1% 2.2% 3.7% 3.5% 7 Aseptic/Polycoated Containers 0.3% 0.0% 0.5% 0.0% 0.2% 8 PET Bottles (#1) 1.8% 4.6% 4.5% 3.5% 0.6% 9 HDPE Bottles (#2) 1.4% 2.0% 1.8% 1.3% 1.4% 10 Non-Bottle Plastic Containers (#1 and #2) 0.7% 0.8% 0.8% 1.3% 2.8% 11 Other Plastics Containers (#3-#7) 0.9% 1.2% 0.7% 1.6% 0.5% 12 Bulky, Rigid Plastics 0.0% 0.1% 0.0% 0.0% 0.9% 13 Expanded Polystyrene Foam 1.3% 2.2% 3.8% 3.1% 1.8% 14 Non-Rigid Plastic Film 7.0% 10.0% 9.3% 7.3% 6.8% 15 All Other Plastics 4.6% 2.8% 2.4% 1.6% 1.5% 16 Tin/Steel Cans 1.2% 2.8% 2.7% 2.7% 2.1% 17 Ferrous Scrap Metals 0.0% 0.2% 0.1% 0.2% 0.0% 18 Aluminum Cans 2.0% 1.3% 0.8% 1.0% 0.8% 19 Aluminum Foil and Trays 0.0% 1.1% 1.4% 0.9% 0.4% 20 Non-Ferrous Scrap Metals 0.0% 0.1% 0.0% 0.0% 0.4% 21 White Goods and Small Appliances 0.0% 0.0% 0.0% 0.0% 0.0% 22 Glass Containers 4.5% 3.4% 6.1% 8.2% 4.9% 23 Other Glass 0.0% 0.0% 0.0% 0.0% 0.0% 24 Textiles/Leather 4.3% 3.0% 6.0% 9.3% 10.5% 25 Special Wastes 0.1% 0.0% 0.0% 0.0% 0.0% 26 Electronics (E-waste) 0.5% 1.6% 0.0% 0.0% 1.4% 27 Household Batteries 0.0% 0.2% 0.0% 0.0% 0.0% 28 Clean Wood Waste 0.0% 0.0% 0.0% 0.0% 0.0% 29 Treated Wood Waste 0.0% 0.0% 0.2% 0.0% 0.0% 30 C&D Debris 0.0% 1.1% 0.0% 0.2% 1.7% 31 Tires and Rubber 0.8% 0.0% 0.0% 0.0% 0.0% 32 Yard Waste 15.9% 0.5% 1.0% 2.9% 3.9% 33 Food Waste 13.9% 15.4% 24.3% 25.8% 17.8% 34 Other Organics 10.5% 2.0% 0.3% 0.3% 5.5% 35 Diapers 1.4% 6.4% 3.6% 4.0% 2.6% 36 Composite Materials 4.9% 6.7% 2.9% 1.9% 3.6% 37 Liquids 0.5% 0.9% 0.6% 1.0% 2.9% 38 Grit 3.2% 2.7% 3.0% 0.0% 0.0% Note: Columns may not appear to calculate correctly due to rounding Appendix 2 Sorted Samples Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department Attachment C - Commercial Sample Results Hauler/Location Co m m e r c i a l - Ad v a n c e d , Mo n . 5 / 1 4 , ( T r u c k #1 3 2 5 7 9 , Ro u t e # 1 9 1 1 ) Co m m e r c i a l - Or i o n , Mo n . 5 / 1 4 , ( T r u c k #5 0 3 9 , R o u t e # 1 ) Co m m e r c i a l - Ad v a n c e d , Mo n . 5 / 1 4 , ( T r u c k #1 7 2 0 5 5 , R o u t e # 1 9 0 9 ) Co m m e r c i a l - Wa s t e Mg m t . , M o n . 5 / 1 4 , (T r u c k # 2 1 0 3 4 8 , R o u t e Co m m e r c i a l - Ad v a n c e d , Mo n . 5 / 1 4 , ( T r u c k #1 3 2 5 7 9 , R o u t e # 1 9 11 ) Co m m e r c i a l - Ad v a n c e d , Mo n . 5 / 1 4 , ( T r u c k #1 7 2 0 5 5 , R o u t e # 1 9 0 9 ) Co m m e r c i a l - Ad v a n c e d , Tu e . 5 / 1 5 , ( T r u c k #1 3 2 5 7 9 , R o u t e # 2 9 1 1 ) Material Categories sample # 1 2 3 4 7 - 11 1 Newspaper 0.0% 0.0% 0.0% 0.6% 0.0% 0.5% 1.9% 2 Corrugated Cardboard (OCC) 24.3% 12.1% 9.2% 11.0% 28.5% 13.0% 11.2% 3 Office Paper 0.4% 0.0% 0.3% 1.9% 2.0% 0.5% 6.8% 4 Mixed Recyclable Paper 1.6% 3.5% 3.7% 6.3% 6.3% 5.8% 2.9% 5 Compostable Paper 8.8% 2.0% 5.5% 13.3% 2.9% 11.5% 3.3% 6 All Other Paper 0.2% 1.2% 2.9% 5.3% 1.3% 5.3% 3.1% 7 Aseptic/Polycoated Containers 0.5% 0.2% 0.1% 0.8% 0.0% 0.1% 0.2% 8 PET Bottles (#1) 0.9% 2.7% 1.2% 2.4% 2.8% 1.3% 2.1% 9 HDPE Bottles (#2) 0.6% 0.6% 0.4% 1.4% 0.4% 0.9% 0.9% 10 Non-Bottle Plastic Containers (#1 and #2) 0.2% 0.0% 0.3% 0.1% 0.0% 0.4% 0.7% 11 Other Plastics Containers (#3-#7) 2.0% 1.4% 1.3% 2.4% 0.5% 4.0% 2.4% 12 Bulky, rigid Plastics 0.0% 3.8% 0.0% 0.0% 0.0% 0.0% 0.0% 13 Expanded Polystyrene Foam 0.5% 1.6% 0.9% 5.8% 1.0% 1.7% 2.4% 14 Non-Rigid Plastic Film 10.6% 5.7% 17.0% 10.2% 9.7% 10.9% 17.0% 15 All Other Plastics 1.3% 1.2% 4.3% 4.4% 1.0% 0.9% 1.4% 16 Tin/Steel Cans 0.2% 0.5% 0.6% 0.6% 0.8% 2.5% 0.2% 17 Ferrous Scrap Metals 0.1% 4.1% 0.0% 0.7% 0.3% 0.6% 0.1% 18 Aluminum Cans 0.2% 1.2% 1.2% 0.2% 1.6% 0.8% 0.7% 19 Aluminum Foil and Trays 0.8% 0.3% 0.0% 0.6% 0.2% 0.1% 0.5% 20 Non-Ferrous Scrap Metals 0.7% 0.0% 0.0% 1.8% 0.0% 0.1% 0.0% 21 White Goods and Small Appliances 0.0% 0.0% 1.0% 0.0% 0.0% 0.0% 0.0% 22 Glass Containers 1.2% 3.2% 3.7% 0.1% 10.6% 7.9% 1.3% 23 Other Glass 0.0% 0.7% 0.1% 0.0% 1.3% 0.0% 0.0% 24 Textiles/Leather 10.1% 2.5% 6.2% 0.9% 1.2% 0.5% 4.2% 25 Special Wastes 0.0% 0.0% 0.1% 0.0% 0.0% 0.0% 0.0% 26 Electronics (E-waste) 0.0% 2.0% 0.0% 0.2% 0.0% 0.8% 0.1% 27 Household Batteries 0.0% 0.0% 0.0% 0.0% 0.1% 0.0% 0.0% 28 Clean Wood Waste 0.0% 0.1% 0.0% 0.0% 1.4% 0.0% 0.0% 29 Treated Wood Waste 0.0% 0.0% 0.0% 0.0% 5.5% 0.0% 4.3% 30 C&D Debris 0.0% 0.0% 0.0% 0.0% 0.5% 0.0% 0.0% 31 Tires and Rubber 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.4% 32 Yard Waste 0.9% 0.0% 0.1% 0.0% 0.0% 0.0% 0.0% 33 Food Waste 8.9% 14.4% 4.6% 23.5% 3.0% 26.3% 25.3% 34 Other Organics 0.0% 0.1% 11.1% 0.0% 4.2% 0.1% 0.2% 35 Diapers 22.4% 9.2% 9.8% 0.0% 0.0% 0.2% 0.8% 36 Composite Materials 1.5% 22.3% 11.2% 3.6% 5.5% 2.2% 3.5% 37 Liquids 1.3% 3.4% 3.1% 1.8% 6.7% 1.2% 2.0% 38 Grit 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% Note: Columns may not appear to calculate correctly due to rounding. Appendix 2 Sorted Samples Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department Attachment C - Commercial Sample Results (continued) Hauler/Location Co mme rc i a l - Ad vanced, Tu e . 5/ 1 5 , (T r u c k # 5 0 3 6 , Ro u t e # 1 ) Co m m e r c i a l - Wa s t e Mg m t . , T u e . 5 / 1 5 , ( T r u c k #2 1 0 8 7 2 , R o u t e # V 2 0 7 ) Co m m e r c i a l - Ad v a n c e d , Tu e . 5 / 1 5 , ( T r u c k #1 2 2 5 2 8 , R o u t e # 2 9 0 9 ) Co m m e r c i a l - Ad v a n c e d , Tu e . 5 / 1 5 , ( T r u c k #1 3 2 5 7 9 , R o u t e # 2 9 1 1 ) Co m m e r c i a l - Ad v a n c e d , Tu e . 5 / 1 5 , ( T r u c k #1 2 2 5 2 8 , R o u t e # 2 9 0 9 ) Co m m e r c i a l - Ad v a n c e d , We d . 5 / 1 6 , ( T r u c k #1 3 2 5 7 9 , R o u t e # 3 9 1 1 ) Co m m e r c i a l - Wa s t e Mg m t . , W e d . 5 / 1 6 , (T r u c k # 2 1 0 3 4 8 , R o u t e Material Categories sample # 12 13 14 15 16 22 23 1 Newspaper 0.6% 0.5% 0.3% 0.0% 0.0% 21.1% 0.0% 2 Corrugated Cardboard (OCC) 10.5% 9.1% 17.9% 11.2% 5.1% 8.4% 20.6% 3 Office Paper 0.1% 1.5% 0.0% 1.0% 0.0% 3.0% 1.8% 4 Mixed Recyclable Paper 5.2% 9.2% 5.2% 7.1% 3.9% 3.7% 5.6% 5 Compostable Paper 4.1% 4.4% 6.8% 2.2% 1.0% 1.5% 5.8% 6 All Other Paper 2.9% 5.6% 3.5% 2.1% 1.7% 2.3% 3.1% 7 Aseptic/Polycoated Containers 0.0% 3.3% 0.0% 0.0% 0.2% 0.0% 1.7% 8 PET Bottles (#1) 2.0% 3.5% 2.6% 1.2% 1.0% 2.3% 0.6% 9 HDPE Bottles (#2) 1.3% 2.1% 1.7% 0.5% 0.8% 4.3% 0.4% 10 Non-Bottle Plastic Containers (#1 and #2) 0.3% 4.4% 0.8% 0.3% 0.1% 0.3% 0.1% 11 Other Plastics Containers (#3-#7) 1.3% 2.9% 4.9% 0.8% 0.1% 0.1% 1.8% 12 Bulky, rigid Plastics 7.1% 0.2% 2.3% 1.0% 2.5% 1.2% 4.4% 13 Expanded Polystyrene Foam 2.2% 4.3% 1.3% 1.3% 0.8% 0.0% 4.0% 14 Non-Rigid Plastic Film 10.1% 8.1% 8.5% 9.6% 4.2% 4.5% 15.5% 15 All Other Plastics 1.5% 2.3% 0.0% 2.1% 0.8% 1.6% 3.9% 16 Tin/Steel Cans 1.3% 2.4% 1.2% 0.4% 1.5% 0.1% 0.5% 17 Ferrous Scrap Metals 0.2% 0.5% 0.6% 5.6% 1.3% 5.9% 1.2% 18 Aluminum Cans 0.7% 1.0% 0.5% 0.3% 0.4% 0.1% 0.2% 19 Aluminum Foil and Trays 1.3% 0.4% 0.5% 0.5% 0.1% 0.3% 0.0% 20 Non-Ferrous Scrap Metals 0.0% 0.0% 0.6% 0.2% 1.0% 0.0% 0.1% 21 White Goods and Small Appliances 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 22 Glass Containers 15.2% 0.8% 0.6% 1.3% 4.0% 0.0% 0.7% 23 Other Glass 0.0% 0.0% 0.0% 18.0% 0.0% 0.0% 0.0% 24 Textiles/Leather 1.1% 0.9% 3.9% 1.3% 52.8% 6.2% 3.1% 25 Special Wastes 0.0% 3.0% 0.0% 0.0% 0.0% 0.4% 3.1% 26 Electronics (E-waste) 0.0% 0.0% 0.0% 7.4% 1.2% 1.0% 0.0% 27 Household Batteries 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 28 Clean Wood Waste 0.0% 0.0% 0.0% 0.4% 0.7% 1.0% 0.4% 29 Treated Wood Waste 0.0% 0.0% 0.0% 6.6% 1.1% 6.3% 0.2% 30 C&D Debris 0.0% 0.0% 0.1% 1.0% 0.4% 0.0% 0.4% 31 Tires and Rubber 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 32 Yard Waste 5.6% 0.0% 2.9% 2.1% 0.4% 10.1% 0.0% 33 Food Waste 18.9% 26.3% 28.7% 9.7% 4.7% 10.2% 18.6% 34 Other Organics 0.5% 0.0% 0.0% 0.0% 1.5% 0.4% 0.0% 35 Diapers 2.3% 0.0% 0.6% 0.0% 5.5% 1.1% 0.0% 36 Composite Materials 2.8% 3.5% 2.6% 5.0% 1.1% 1.6% 0.8% 37 Liquids 1.0% 2.7% 1.6% 0.0% 0.3% 0.8% 1.3% 38 Grit 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% Note: Columns may not appear to calculate correctly due to rounding. Appendix 2 Sorted Samples Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department Attachment C - Commercial Sample Results (continued) Hauler/Location Co m m e r c i a l - Ad v a n c e d , We d . 5 / 1 6 , ( T r u c k #1 3 2 5 7 9 , R o u t e # 3 9 1 1 ) Co m m e r c i a l - Ad v a n c e d , We d . 5 / 1 6 , ( T r u c k #1 6 2 5 8 0 , R o u t e # 3 9 0 9 ) Co m m e r c i a l - Ad v a n c e d , Th u . 5 / 1 7 , ( T r u c k #1 3 2 5 7 9 , R o u t e # 4 9 1 1 ) Co m m e r c i a l - Ad v a n c e d , Th u . 5 / 1 7 , ( T r u c k # 1 0 5 , Ro u t e # 4 9 0 9 ) Co m m e r c i a l - Ad v a n c e d , Th u . 5 / 1 7 , ( T r u c k #1 3 2 5 7 4 , R o u t e # 4 9 1 1 ) Co m m e r c i a l - Ad v a n c e d , Th u . 5 / 1 7 , ( T r u c k # 1 0 5 , Rou t e # 4 9 0 9 ) Material Categories sample # 24 26 27 28 29 31 1 Newspaper 0.9% 0.5% 0.2% 0.4% 0.1% 0.1% 2 Corrugated Cardboard (OCC) 3.0% 6.3% 9.2% 20.0% 21.1% 13.9% 3 Office Paper 0.1% 3.4% 0.5% 0.2% 0.1% 0.0% 4 Mixed Recyclable Paper 6.7% 7.7% 2.2% 23.7% 2.7% 5.4% 5 Compostable Paper 3.5% 4.0% 11.7% 7.6% 2.9% 8.3% 6 All Other Paper 2.2% 3.7% 7.4% 2.0% 2.8% 4.4% 7 Aseptic/Polycoated Containers 0.2% 0.2% 1.2% 0.2% 0.1% 0.0% 8 PET Bottles (#1) 4.2% 1.9% 1.0% 1.9% 2.0% 0.7% 9 HDPE Bottles (#2) 1.5% 0.1% 1.1% 0.5% 1.8% 0.5% 10 Non-Bottle Plastic Containers (#1 and #2) 1.4% 0.5% 0.4% 0.2% 0.2% 0.4% 11 Other Plastics Containers (#3-#7) 0.8% 0.8% 0.8% 1.0% 0.7% 0.5% 12 Bulky, rigid Plastics 0.0% 1.8% 0.8% 0.0% 0.2% 0.0% 13 Expanded Polystyrene Foam 1.7% 1.8% 0.4% 1.7% 1.3% 0.9% 14 Non-Rigid Plastic Film 10.3% 7.9% 6.9% 5.3% 6.5% 11.4% 15 All Other Plastics 1.7% 2.1% 0.9% 1.1% 1.6% 4.0% 16 Tin/Steel Cans 2.0% 0.8% 1.7% 0.8% 1.2% 1.0% 17 Ferrous Scrap Metals 3.3% 0.3% 0.0% 0.6% 0.0% 4.1% 18 Aluminum Cans 1.0% 0.9% 0.2% 1.2% 1.0% 1.7% 19 Aluminum Foil and Trays 0.3% 0.2% 0.1% 0.3% 0.3% 1.1% 20 Non-Ferrous Scrap Metals 0.1% 0.0% 0.0% 0.2% 0.0% 1.0% 21 White Goods and Small Appliances 0.0% 0.2% 0.0% 0.0% 0.0% 0.0% 22 Glass Containers 5.5% 12.7% 0.5% 6.5% 2.2% 0.0% 23 Other Glass 0.0% 0.4% 0.0% 0.0% 0.1% 0.0% 24 Textiles/Leather 11.9% 27.9% 0.0% 5.1% 2.6% 1.5% 25 Special Wastes 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 26 Electronics (E-waste) 0.7% 0.2% 0.0% 0.0% 0.0% 0.0% 27 Household Batteries 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 28 Clean Wood Waste 0.4% 0.1% 0.0% 0.2% 0.0% 0.0% 29 Treated Wood Waste 3.7% 0.0% 0.0% 0.3% 0.0% 0.0% 30 C&D Debris 0.0% 0.5% 0.0% 0.0% 0.0% 0.0% 31 Tires and Rubber 0.0% 0.3% 0.0% 0.0% 0.0% 0.0% 32 Yard Waste 0.8% 0.0% 0.0% 0.0% 0.0% 0.0% 33 Food Waste 19.2% 3.2% 23.1% 6.4% 24.0% 36.4% 34 Other Organics 0.7% 0.2% 0.0% 0.0% 0.2% 0.0% 35 Diapers 6.2% 0.2% 28.3% 6.8% 0.7% 1.4% 36 Composite Materials 2.4% 4.3% 1.1% 2.2% 2.3% 1.3% 37 Liquids 0.8% 1.1% 0.5% 1.3% 21.3% 0.0% 38 Grit 2.7% 4.0% 0.0% 2.3% 0.0% 0.0% Note: Columns may not appear to calculate correctly due to rounding. Appendix 2 Sorted Samples Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department Attachment D - Visual Audit Results Hauler/Location Tra i l er Pa r k Ro l l -Off (S hear woo d ). Mo n (5 / 1 4 ) , 12:15 pm Uni v ersit y Hospi t a l C&D R o l l -Off (Big Dog ) Ar my Surp l u s Supp l y Ro l l -Off (M a r k's) T ue (5 /15 ), 8:40 am Ge nera l Co nstr uct i o n Ro l l -off (M ar k' s) Ri chmon d Co. Sc h ools Wa r eho u se , Ro l l-off (W M) W e d (5 / 16), 1:20 St r i p Ma l l Remod el R o l l - Off (M ar k's) T hu (5 / 1 7 ) , 4:15 pm Ab a ndo n ed Bu i l d i n g De mo Dump Tr a i ler (R i ver's Edg e) Thu (5 / 1 7 ) , Tra i l er Home Dem o R o l l - of (JS Rowe) Thu (5 / 1 7 ) , 3:15 pm Material Categories 1 2 3 4 5 6 7 8 1 Corrugated Cardboard 15.0% 0.0% 33.3% 5.0% 5.0% 35.0% 0.0% 0.0% 2 Other Paper 0.0% 0.0% 1.8% 0.0% 0.0% 0.0% 0.0% 0.0% 3 Major Appliances 0.0% 0.0% 0.0% 0.0% 4.0% 0.0% 0.0% 0.0% 4 HVAC Ducting 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 5 Other Non-Ferrous 0.0% 2.0% 0.0% 0.0% 0.0% 0.0% 1.0% 0.0% 6 Other Ferrous 0.0% 0.0% 0.0% 20.0% 0.0% 0.0% 0.0% 1.0% 7 Plastic Film 2.0% 0.0% 4.0% 0.0% 0.0% 3.0% 0.0% 0.0% 8 Polystyrene Foam/Insulation 0.0% 0.0% 0.0% 0.0% 0.0% 25.5% 0.0% 0.0% 9 Rigid Plastics 18.0% 2.0% 1.0% 0.0% 5.0% 1.5% 1.0% 0.0% 10 Yard Waste 0.0% 3.0% 0.0% 0.0% 20.0% 0.0% 7.0% 0.0% 11 Treated Wood 5.0% 0.0% 16.0% 10.1% 7.5% 24.0% 22.0% 12.8% 12 Untreated Wood 0.0% 21.0% 22.0% 24.8% 17.5% 6.0% 27.5% 63.8% 13 Carpet and Padding 14.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 8.5% 14 Drywall 1.0% 49.0% 0.0% 28.8% 0.0% 0.0% 0.0% 0.0% 15 Roofing Shingles 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 5.5% 0.0% 16 Rock/Gravel/Grit 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 17 Other C&D 0.0% 0.0% 2.0% 3.4% 0.0% 0.0% 0.0% 0.0% 18 Furniture 9.0% 0.0% 0.0% 0.0% 20.0% 0.0% 0.0% 9.0% 19 Mattresses 21.0% 0.0% 5.0% 0.0% 0.0% 0.0% 0.0% 0.0% 20 Bagged Waste – Household 10.0% 0.0% 5.0% 1.5% 0.0% 5.0% 0.0% 0.0% 21 Bagged Waste - C&D Debris 0.0% 5.0% 0.0% 3.5% 0.0% 0.0% 0.0% 0.0% 22 Glass 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 23 Computers 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 1.0% 0.0% 24 Televisions 5.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 25 Other E-Waste 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 26 Tires 0.0% 0.0% 0.0% 0.0% 1.0% 0.0% 0.0% 0.0% 27 Textiles 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 28 Dirt/Soil 0.0% 0.0% 0.0% 0.0% 20.0% 0.0% 35.0% 0.0% 29 Fiberglass 0.0% 18.0% 0.0% 3.0% 0.0% 0.0% 0.0% 5.0% 30 Mixed Residue 0.0% 0.0% 10.0% 0.0% 0.0% 0.0% 0.0% 0.0% 31 TOTAL 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% Note: Columns may not appear to calculate correctly due to rounding. Appendices Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department Attachment E – Photos of Visual Audit Loads Load #3 (Note: Photo for Load #4 is not available) Load #2 Load #1 Appendices Solid Waste Management Plan Update (RFP Item #17-246) Augusta Georgia – Environmental Services Department Attachment E– Photos of Visual Audit Loads (continued) Load #5 Load #6 Load #7 Load #8 Commission Meeting Agenda 1/6/2021 2:00 PM Utilities Meter Reading Devices Department:Utilities - Allen Saxon, Interim Director Department:Utilities - Allen Saxon, Interim Director Caption:Motion to approve Purchase of New Meter Reading Devices. Background:For more than ten years Utilities has been using the same type of meter-reading devices purchased from Itron, the vendor whose technology we use to read meters remotely. In October of this year, AUD installed the latest version of Itron’s remote reading software, and as a result we have other options for meter reading equipment. At the end of 2021, the current type of handheld device we use will no longer be serviced by Itron and will become obsolete. Analysis:The new equipment that will be necessary due to phasing out of the older equipment is more technically advanced and is more powerful which will mean a better pick up rate for remote meter reading. We are limited to obtaining this equipment through Itron as a sole source for this type of equipment that needs to be capable of reading Itron radio read devices. We have analyzed our options and have decided that the Honeywell CN80 Handheld with the required Itron Mobile Radio is the best solution available. Financial Impact:The cost of the equipment desired plus maintenance is $123,649.30 as noted on the attached recap of total cost and is available in account 506-04-3210-5315111 which is the account used for purchases of meters and related equipment. Alternatives:None Recommendation:Approve purchase of new meter reading devices Funds are Available in the Funds available in account 506-04-3210-5315111 Cover Memo Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 1/6/2021 2:00 PM Resolution for SPLOST 8 referendum Department:Administration Department:Administration Caption:Motion to approve resolution requesting the Augusta-Richmond County Board of Elections to place the approved SPLOST 8 Package on the ballot for the March 16, 2021 election. Background:The list of Projects for SPLOST phase 8 was approved by the Augusta Commission on December 8, 2020. Analysis: Financial Impact: Alternatives: Recommendation:approve resolution Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo A REFERENDUM RESOLUTION TO REIMPOSE A SPECIAL ONE PERCENT SALES AND USE TAX, SUBJECT TO REFERENDUM APPROVAL; TO REGULATE AND PROVIDE FOR THE CALLING OF AN ELECTION AND TO CALL AN ELECTION TO DETERMINE THE REIMPOSITION OR NON-REIMPOSITION OF THE SALES AND USE TAX; TO SPECIFY THE PURPOSES FOR WHICH THE PROCEEDS OF THE SALES AND USE TAX ARE TO BE USED AND MAY BE EXPENDED; TO SPECIFY THE ESTIMATED COST OF THE PROJECTS THAT WILL BE FUNDED FROM THE PROCEEDS OF THE SALES AND USE TAX; TO SPECIFY THE MAXIMUM AMOUNT OF REVENUE TO BE RAISED BY THE SALES AND USE TAX; TO AUTHORIZE THE ISSUANCE OF $30,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF GENERAL OBLIGATION DEBT OF AUGUSTA, GEORGIA IN CONJUNCTION WITH THE REIMPOSITION OF THE SALES AND USE TAX; TO SPECIFY THE PURPOSE FOR WHICH THE DEBT IS TO BE ISSUED, THE MAXIMUM INTEREST RATE OR RATES THAT SUCH DEBT IS TO BEAR, AND THE AMOUNT OF PRINCIPAL TO BE PAID IN EACH YEAR DURING THE LIFE OF SUCH DEBT; TO PROVIDE FOR THE LEVY AND COLLECTION OF AD VALOREM TAXES TO SERVICE SUCH DEBT, TO THE EXTENT THE PROCEEDS OF THE SALES AND USE TAX ARE NOT SUFFICIENT FOR SUCH PURPOSE; AND FOR OTHER PURPOSES. WHEREAS, the Augusta-Richmond County Commission (the “Commission”) is the governing authority of Augusta, Georgia (“Augusta”), a political subdivision and a consolidated city-county government created and existing under the laws of the State of Georgia, and is charged with the duties of levying taxes, contracting debts, and managing the affairs of Augusta; and WHEREAS, Augusta and the City of Blythe, Georgia (“Blythe”) and the City of Hephzibah (“Hephzibah”) (each a “City” and collectively the “Cities”) deem it to be in the best interest of the special district of Richmond County (which includes the geographic areas within Augusta and the Cities) created by Section 48-8-110.1(a) of the Official Code of Georgia Annotated (the “Special District”) to improve public services in the Special District by carrying out the hereinafter described capital outlay projects, and, accordingly, Augusta and the Cities have entered into an Intergovernmental Sales Tax Agreement (the “Contract”), dated as of December 1, 2020, which provides for the following capital outlay projects in the following estimated amounts: (a) Projects to be owned or operated or both by Augusta or by one or more local authorities within the Special District pursuant to intergovernmental contracts with Augusta (the “Augusta Projects”), as follows: (1) Public Safety, including Facilities, Equipment, and Vehicles - $23,435,000, (2) Quality of Life, including Parks and Recreation Facilities and James Brown Arena Project -$65,850,000, -2- (3) Infrastructure and Facilities, including Road, Street, Bridge, and Drainage Improvements - $78,500,000, (4) Government Facilities, including New Fleet Maintenance Facility and Improvements to Juvenile Court, Fire Stations, and Other Facilities - $18,000,000, and (5) Economic Development, including Retail and Industrial Recruitment Projects, Blight Mitigation, Depot Project, and Cyber Center Parking Deck Acquisition - $46,500,000, and additional estimated costs allocable to all such projects specified in subparagraphs (1) through (5) above, as follows: (i) Sales Tax Program and Project Administration - $5,000,000, and (ii) Interest Expense on Obligations Issued to Finance Projects - $4,000,000; (b) Projects to be owned or operated or both by Blythe (the “Blythe Projects”), as follows: (1) Public Safety Equipment and Vehicles - $200,000, (2) Road and Street Improvements - $250,000, (3) Water System Improvements - $300,000, (4) Stormwater Collection System Improvements - $150,000, (5) Rehabilitation of Blighted Properties - $100,000, (6) Parks and Recreation - $300,000, (7) Library Improvements - $50,000, and (8) Facilities Equipment/Systems Replacement - $150,000; and (c) Projects to be owned or operated or both by Hephzibah (the “Hephzibah Projects”), as follows: (1) Town Center with City Hall - $2,000,000 (2) Public Safety Equipment and Vehicles - $420,000, (3) Public Safety Training Center - $900,000, (4) Parks and Recreation - $1,700,000, (5) Cemetery Expansion - $150,000, (6) Road and Street Improvements - $1,500,000, (7) Utility Vehicles and Equipment - $130,000, and (8) Water and Sewer System Improvements - $700,000. WHEREAS, Augusta and the Cities have estimated the maximum cost of the projects described above to be $250,285,000, the components of which are: (1) the Augusta Projects - $241,285,000, (2) the Blythe Projects - $1,500,000, and (3) the Hephzibah Projects - $7,500,000; and WHEREAS, the Commission has determined that Augusta should issue its general obligation debt (in the form of general obligation bonds, promissory notes, or other instruments, -3- as the Commission may approve) in the aggregate principal amount of $30,000,000 in conjunction with the reimposition of the sales and use tax, to be payable first from the separate account in which are placed the proceeds received by Augusta from the sales and use tax and then from the general funds of Augusta, for the purpose of providing funds to pay the cost of any one or more of the Augusta Projects to enable Augusta to complete such capital outlay projects before the sales and use tax is collected; and WHEREAS, under the Constitution and laws of the State of Georgia, it is necessary to submit to the qualified voters of Richmond County the question of whether or not a special one percent sales and use tax should be reimposed for the purposes described above, which proposal, if approved by the voters, shall also constitute approval of the issuance of general obligation debt of Augusta in the aggregate principal amount of $30,000,000 for any one or more of the Augusta Projects; NOW, THEREFORE, BE IT RESOLVED by the Augusta-Richmond County Commission, and it is hereby resolved by authority of the same, as follows: Section 1. There is hereby reimposed within the Special District a special sales and use tax at the rate of one percent, upon the termination of the special one percent sales and use tax presently in effect, pursuant to Part 1 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, subject to approval by a majority of the qualified voters residing within the territorial limits of Richmond County voting in the referendum called in Section 2 hereof, for the raising of not more than $250,285,000 for the purpose of providing funds to pay the costs of the hereinafter described capital outlay projects pursuant to the Contract: (1) the Augusta Projects, at an estimated maximum cost of $241,285,000; (2) the Blythe Projects, at an estimated maximum cost of $1,500,000; and (3) the Hephzibah Projects, at an estimated maximum cost of $7,500,000. Section 2. There is hereby authorized to be called and there is hereby called an election to be held in all the precincts in Richmond County, on the 16th day of March 2021, for the purpose of submitting to the qualified voters of Richmond County the question of whether or not a special one percent sales and use tax should be reimposed within the Special District, upon the termination of the special one percent sales and use tax presently in effect, for the raising of not more than $250,285,000 for the purpose of providing funds to pay the costs of the hereinafter described capital outlay projects pursuant to the Contract: (a) the Augusta Projects, at an estimated maximum cost of $241,285,000, (b) the Blythe Projects, at an estimated maximum cost of $1,500,000, and (c) the Hephzibah Projects, at an estimated maximum cost of $7,500,000. Section 3. If the reimposition of the sales and use tax is approved by the voters in the referendum called in Section 2 hereof, such vote shall also constitute approval of the issuance of general obligation debt (in the form of general obligation bonds, promissory notes, or other instruments, as the Commission may approve) of Augusta in the aggregate principal amount of $30,000,000 in conjunction with the reimposition of the sales and use tax, to be payable first from the separate account in which are placed the proceeds received by Augusta from the sales and use tax and then from the general funds of Augusta, for the purpose of providing funds to pay the costs of any one or more of the Augusta Projects. Such general obligation debt, if so -4- authorized, shall be dated as of the date of delivery or such other date(s) as the Commission may approve, shall be in such denomination or denominations as the Commission may approve, and shall bear interest from date at such rate or rates as the Commission may approve but not exceeding five percent (5.00%) per annum in any year. All interest shall be payable semiannually on April 1 and October 1 in each year, beginning October 1, 2021, and the principal shall mature (by scheduled maturity or by mandatory redemption, as the Commission may approve) on the dates and in the amounts as follows: October 1 of the Year Amount 2024 $15,000,000 2025 15,000,000 The general obligation debt may be issued in one or more series, and on one or more dates of issuance as the Commission may approve; provided, however, that the aggregate principal amount of such general obligation debt shall not exceed $15,000,000. The general obligation debt may be made subject to redemption prior to maturity, to the extent permitted by law, upon terms and conditions to be determined by the Commission. Part of the proceeds of the sales and use tax will be used for payment of general obligation debt issued in conjunction with the reimposition of the sales and use tax, and the remaining proceeds of the sales and use tax will be used to fund the capital outlay projects specified herein to the extent such capital outlay projects have not been funded with proceeds of such general obligation debt. Section 4. The ballot to be used in the election shall have written or printed thereon the question to be determined by the voters, to-wit: “Shall a special 1 percent sales and use tax be reimposed in the special district of Richmond County, upon the termination of the special one percent sales and use tax presently in effect, for the raising of not more than $250,285,000 for the following purposes pursuant to an Intergovernmental Sales Tax Agreement, dated as of December 1, 2020, among Augusta, Georgia (“Augusta”), the City of Blythe, Georgia (“Blythe”), and the City of Hephzibah (“Hephzibah”): (a) capital outlay projects, which are estimated to cost $241,285,000, to be owned or operated or both by Augusta or by one or more local authorities within such special district pursuant to intergovernmental contracts with Augusta (the “Augusta Projects”): (1) Public Safety, including Facilities, Equipment, and Vehicles, (2) Quality of Life, including Parks and Recreation Facilities and James Brown Arena Project, (3) Infrastructure and Facilities, including Road, Street, Bridge, and Drainage Improvements, (4) Government Facilities, including New Fleet Maintenance Facility and Improvements to Juvenile Court, Fire Stations, and Other Facilities, and (5) Economic Development, including Retail and Industrial Recruitment Projects, Blight Mitigation, Depot Project, and Cyber Center Parking Deck Acquisition; (b) capital outlay projects, which are estimated to cost $1,500,000, to be owned or operated or both by Blythe: (1) Public Safety Equipment and Vehicles, (2) Road and Street Improvements, (3) Water System -5- Improvements, (4) Stormwater Collection System Improvements, (5) Rehabilitation of Blighted Properties, (6) Parks and Recreation, (7) Library Improvements, and (8) Facilities Equipment/Systems Replacement; and (c) capital outlay projects, which are estimated to cost $7,500,000, to be owned or operated or both by Hephzibah: (1) Town Center with City Hall, (2) Public Safety Equipment and Vehicles, (3) Public Safety Training Center, (4) Parks and Recreation, Cemetery Expansion, (6) Road and Street Improvements, (7) Utility Vehicles and Equipment, and (8) Water and Sewer System Improvements?” The ballot shall also have written or printed thereon, following the question set forth above, the following: “If reimposition of the tax is approved by the voters, such vote shall also constitute approval of the issuance of general obligation debt of Augusta, Georgia in the principal amount of $30,000,000 for the purpose of any one or more of the Augusta Projects.” The ballot shall have printed thereon the word “YES” and the word “NO” in order that each voter may vote in either the affirmative or the negative as to the question propounded. The polls in each of the precincts within Richmond County shall be opened at 7:00 a.m. and closed at 7:00 p.m. on the day fixed for the election, and the election shall be held at the regular and established places for holding elections in Richmond County. The election shall be held in accordance and in conformity with the Constitution and laws of the United States of America and of the State of Georgia. Section 5. The Clerk of Commission of Augusta is hereby ordered and directed forthwith to furnish the Superintendent of Elections of Richmond County with a duly certified copy of this resolution in order that the Superintendent of Elections may take such action in the premises as provided by law. Section 6. Any brochures, listings, or other advertisements issued by the Commission or by any other person, firm, corporation, or association with the knowledge and consent of the Commission shall be deemed to be a statement of intention of the Commission concerning the use of the bond funds or interest received from such bond funds that have been invested. Section 7. The following notice shall be incorporated into the call of the election by the Superintendent of Elections: -6- NOTICE OF SALES AND USE TAX ELECTION TO THE QUALIFIED VOTERS OF RICHMOND COUNTY YOU ARE HEREBY NOTIFIED that on the 16th day of March 2021, an election will be held in all of the precincts of Richmond County. At the election there will be submitted to the qualified voters of Richmond County for their determination the question of whether or not a special one percent sales and use tax should be reimposed within the special district of Richmond County, upon the termination of the special one percent sales and use tax presently in effect, for the raising of not more than $250,285,000 for the purpose of providing funds to pay, pursuant to an Intergovernmental Sales Tax Agreement, dated as of December 1, 2020, among Augusta, Georgia (“Augusta”), the City of Blythe, Georgia (“Blythe”), and the City of Hephzibah (“Hephzibah”), the costs of the hereinafter described capital outlay projects: (a) Projects to be owned or operated or both by Augusta or by one or more local authorities within the Special District pursuant to intergovernmental contracts with Augusta (the “Augusta Projects”), as follows: (1) Public Safety, including Facilities, Equipment, and Vehicles - $23,435,000, (2) Quality of Life, including Parks and Recreation Facilities and James Brown Arena Project -$65,850,000, (3) Infrastructure and Facilities, including Road, Street, Bridge, and Drainage Improvements - $78,500,000, (4) Government Facilities, including New Fleet Maintenance Facility and Improvements to Juvenile Court, Fire Stations, and Other Facilities - $18,000,000, and (5) Economic Development, including Retail and Industrial Recruitment Projects, Blight Mitigation, Depot Project, and Cyber Center Parking Deck Acquisition - $46,500,000, and additional estimated costs allocable to all such projects specified in subparagraphs (1) through (5) above, as follows: (i) Sales Tax Program and Project Administration - $5,000,000, and (ii) Interest Expense on Obligations Issued to Finance Projects - $4,000,000; (b) Projects to be owned or operated or both by Blythe, as follows: (1) Public Safety Equipment and Vehicles - $200,000, (2) Road and Street Improvements - $250,000, (3) Water System Improvements - $300,000, (4) Stormwater Collection System Improvements - $150,000, (5) Rehabilitation of Blighted Properties - $100,000, (6) Parks and Recreation - $300,000, (7) Library Improvements - $50,000, and (8) Facilities Equipment/Systems Replacement - $150,000; and -7- (c) Projects to be owned or operated or both by Hephzibah, as follows: (1) Town Center with City Hall - $2,000,000 (2) Public Safety Equipment and Vehicles - $420,000, (3) Public Safety Training Center - $900,000, (4) Parks and Recreation - $1,700,000, (5) Cemetery Expansion - $150,000, (6) Road and Street Improvements - $1,500,000, (7) Utility Vehicles and Equipment - $130,000, and (8) Water and Sewer System Improvements - $700,000. If the reimposition of the sales and use tax is approved by the voters in the referendum described in this notice, such vote shall also constitute approval of the issuance of general obligation debt (in the form of general obligation bonds, promissory notes, or other instruments, as the Augusta-Richmond County Commission (the “Commission”) may approve) of Augusta in the aggregate principal amount of $30,000,000 in conjunction with the reimposition of the sales and use tax, to be payable first from the separate account in which are placed the proceeds received by Augusta from the sales and use tax and then from the general funds of Augusta, for the purpose of providing funds to pay the costs of any one or more of the Augusta Projects. Such general obligation debt, if so authorized, shall be dated as of the date of delivery or such other date(s) as the Commission may approve, shall be in such denomination or denominations as the Commission may approve, shall bear interest from date at such rate or rates as the Commission may approve but not exceeding five percent (5.00%) per annum in any year, and shall provide for interest to be payable semiannually on April 1 and October 1 in each year, beginning October 1, 2021, and the principal shall mature (by scheduled maturity or by mandatory redemption, as the Commission may approve) on the dates and in the amounts as follows: October 1 of the Year Amount 2024 $15,000,000 2025 15,000,000 The general obligation debt may be issued in one or more series, and on one or more dates of issuance as the Commission may approve; provided, however, that the aggregate principal amount of such general obligation debt shall not exceed $30,000,000. The general obligation debt may be made subject to redemption prior to maturity, to the extent permitted by law, upon terms and conditions to be determined by the Commission. Voters desiring to vote for the reimposition of such sales and use tax shall do so by voting “YES” and voters desiring to vote against the reimposition of such sales and use tax shall do so by voting “NO,” as to the question propounded, to-wit: “Shall a special 1 percent sales and use tax be reimposed in the special district of Richmond County, upon the termination of the special one percent sales and use tax presently in effect, for the raising of not more than $250,285,000 for the following purposes pursuant to an Intergovernmental Sales Tax Agreement, dated as of December 1, 2020, among Augusta, Georgia (“Augusta”), the City of -8- Blythe, Georgia (“Blythe”), and the City of Hephzibah (“Hephzibah”): (a) capital outlay projects, which are estimated to cost $241,285,000, to be owned or operated or both by Augusta or by one or more local authorities within such special district pursuant to intergovernmental contracts with Augusta (the “Augusta Projects”): (1) Public Safety, including Facilities, Equipment, and Vehicles, (2) Quality of Life, including Parks and Recreation Facilities and James Brown Arena Project, (3) Infrastructure and Facilities, including Road, Street, Bridge, and Drainage Improvements, (4) Government Facilities, including New Fleet Maintenance Facility and Improvements to Juvenile Court, Fire Stations, and Other Facilities, and (5) Economic Development, including Retail and Industrial Recruitment Projects, Blight Mitigation, Depot Project, and Cyber Center Parking Deck Acquisition; (b) capital outlay projects, which are estimated to cost $1,500,000, to be owned or operated or both by Blythe: (1) Public Safety Equipment and Vehicles, (2) Road and Street Improvements, (3) Water System Improvements, (4) Stormwater Collection System Improvements, (5) Rehabilitation of Blighted Properties, (6) Parks and Recreation, (7) Library Improvements, and (8) Facilities Equipment/Systems Replacement; and (c) capital outlay projects, which are estimated to cost $7,500,000, to be owned or operated or both by Hephzibah: (1) Town Center with City Hall, (2) Public Safety Equipment and Vehicles, (3) Public Safety Training Center, (4) Parks and Recreation, Cemetery Expansion, (6) Road and Street Improvements, (7) Utility Vehicles and Equipment, and (8) Water and Sewer System Improvements?” “If reimposition of the tax is approved by the voters, such vote shall also constitute approval of the issuance of general obligation debt of Augusta, Georgia in the principal amount of $30,000,000 for the purpose of any one or more of the Augusta Projects.” The several places for holding the election shall be in the regular and established precincts of Richmond County, and the polls will be open from 7:00 a.m. to 7:00 p.m. on the date fixed for the election. Those qualified to vote at the election shall be determined in all respects in accordance and in conformity with the Constitution and laws of the United States of America and of the State of Georgia. The last day to register to vote in this special election is February 16, 2021. Any brochures, listings, or other advertisements issued by the Commission or by any other person, firm, corporation, or association with the knowledge and consent of the Commission shall be deemed to be a statement of intention of the Commission concerning the use of the bond funds or interest received from such bond funds that have been invested. -9- This notice is given pursuant to joint action of the Augusta-Richmond County Commission and the Superintendent of Elections of Richmond County. AUGUSTA, GEORGIA By: Mayor RICHMOND COUNTY BOARD OF ELECTIONS By: Chair -10- Section 8. Should the general obligation debt be authorized by the requisite number of qualified voters, the Commission shall, prior to the issuance of any such general obligation debt, levy an ad valorem tax upon all the property subject to taxation for general obligation bond purposes, within the territorial limits of Augusta, sufficient in amount to pay the principal of and the interest on such general obligation debt at their respective maturities, to the extent such principal and interest is not satisfied from the proceeds of the sales and use tax. Section 9. The Commission declares its intent to use proceeds of the general obligation debt to reimburse Augusta’s General Fund for moneys used to pay expenditures related to Augusta Projects. Section 10. All actions taken or to be taken by the Mayor and by the Clerk of the Commission in furtherance of calling an election pertaining to the reimposition or non- reimposition of a special one percent sales and use tax, including, without limitation, the execution, for and on behalf of Augusta, of the Contract, shall be, and the same are hereby, ratified, confirmed, and approved. Section 11. Any and all resolutions in conflict with this resolution this day passed be and they are hereby repealed. PASSED, ADOPTED, SIGNED, APPROVED, AND EFFECTIVE this 5th day of January 2021. (SEAL) AUGUSTA, GEORGIA By: Mayor Attest: Clerk of Commission STATE OF GEORGIA RICHMOND COUNTY CLERK’S CERTIFICATE I, LENA J. BONNER, Clerk of Commission, DO HEREBY CERTIFY that the foregoing pages constitute a true and correct copy of a referendum resolution adopted by the Augusta-Richmond County Commission (the “Commission”) at an open public meeting duly called and lawfully assembled at 2:00 p.m., on the 5th day of January 2021, in connection with calling an election pertaining to the reimposition or non-reimposition of a special one percent sales and use tax, the original of such referendum resolution being duly recorded in the Minute Book of the Commission, which Minute Book is in my custody and control. I do hereby further certify that the following members of the Commission were present at such meeting: Mayor Hardie Davis, Jr. Jordan Johnson Dennis Williams Catherine Smith McKnight Sammie Sias Bobby Williams Ben Hasan Sean Frantom Brandon Garrett Francine R. Scott John Clarke and that the following members were absent: and that such referendum resolution was duly adopted by a vote of: Aye ___ Nay ___ WITNESS my hand and the official seal of Augusta, Georgia, this the 5th day of January 2021. (SEAL) Clerk of Commission Commission Meeting Agenda 1/6/2021 2:00 PM SPLOST 8 intergovernmental sales tax agreeement Department:Administration Department:Administration Caption:Motion to ratify the Intergovernmental sales tax agreement between Augusta and the cities of Blythe and Hephzibah for the distribution of Special Purpose Local Option Sales Taxes (SPLOST) generated from the SPLOST phase 8 referendum. Authorize the Mayor to execute the approved agreement. Background:This agreement is part of the process for a SPLOST referendum. The agreement provides the amounts to be allocated by category and the order of the distribution of funds between the participating local governments. The list of projects to be included in SPLOST 8 was approved on December 8, 2020 by the Augusta Commission. Analysis:This is the next step in the process of preparing and approving documents for the SPLOST 8 referendum that is scheduled to be held in March of 2021. The cities of Blythe and Hephzibah will also be approving the agreements Financial Impact:no funding required at this time Alternatives:do not approve Recommendation:approve intergovernmental agreement Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Finance. Law. Administrator. Clerk of Commission Cover Memo ATLANTA 5664522.2 55840287.v4 INTERGOVERNMENTAL SALES TAX AGREEMENT This INTERGOVERNMENTAL SALES TAX AGREEMENT (this “Contract”), made and entered into as of December 1, 2020, by and among Augusta, Georgia (the “Consolidated Government”), a political subdivision of the State of Georgia and a consolidated city-county government pursuant to the laws of the State of Georgia, and the City of Blythe, Georgia (“Blythe”) and the City of Hephzibah (“Hephzibah”), each a municipal corporation duly created and existing under the laws of the State of Georgia; W I T N E S S E T H: WHEREAS, the Consolidated Government and Blythe and Hephzibah (each a “City” and collectively the “Cities”) deem it to be in the best interest of the special district of Richmond County (which includes the geographic areas within the Consolidated Government and the Cities) created by Section 48-8-110.1(a) of the Official Code of Georgia Annotated (the “Special District”) to improve public services in the Special District by carrying out the hereinafter described capital outlay projects, and the most feasible plan for providing funds to pay the costs of such capital outlay projects is to reimpose a special one percent sales and use tax (the “Sales Tax”), upon the termination of the special one percent sales and use tax presently in effect, pursuant to Part 1 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated (the “Sales Tax Law”); and WHEREAS, the Sales Tax Law allows the proceeds of the Sales Tax to be distributed pursuant to the terms of a contract entered into pursuant to Article IX, Section III, Paragraph I of the Constitution of the State of Georgia between the Consolidated Government and one or more “qualified municipalities” (as defined in the Sales Tax Law) located within the Special District containing a combined total of no less than 50 percent of the aggregate municipal population located within the Special District; and WHEREAS, the Consolidated Government and the Cities desire to enter into this Contract to meet the provisions of Section 48-8-115(b)(1) of the Official Code of Georgia Annotated; NOW, THEREFORE, for and in consideration of the respective representations and agreements hereinafter contained and in furtherance of the mutual public purposes hereby sought to be achieved, the Consolidated Government and the Cities do hereby agree as follows: Section 1. Representations of the Consolidated Government. The Consolidated Government makes the following representations as the basis for the undertakings on its part herein contained: (a) The Consolidated Government delivered or mailed on or about ________, 2020 a written notice to the mayors of the Cities, of a meeting that was held at Diamond Lakes Community Center on Windsor Spring Road in Hephzibah, Georgia on ________, 2020, at which the governing authorities of the Consolidated Government and of such municipalities met to discuss the possible projects for inclusion in the Sales Tax, including municipally owned or operated projects. -2- 55840287.v4 (b) The Consolidated Government is permitted by Article IX, Section III, Paragraph I of the Constitution of the State of Georgia to contract for any period not exceeding fifty years with the Cities for joint services, for the provision of services, or for the joint or separate use of facilities or equipment. (c) The Consolidated Government has the power to enter into this Contract and to perform all obligations contained herein, and has, by proper action, duly authorized the execution and delivery of this Contract. Section 2. Representations of each City. Each City makes the following representations as the basis for the undertakings on its part herein contained: (a) It is a “qualified municipality” within the meaning of the Sales Tax Law. (b) The Cities contain a combined total of no less than 50 percent of the aggregate municipal population located within the Special District. (c) It is permitted by Article IX, Section III, Paragraph I of the Constitution of the State of Georgia to contract for any period not exceeding fifty years with the Consolidated Government for joint services, for the provision of services, or for the joint or separate use of facilities or equipment. (d) It has the power to enter into this Contract and to perform all obligations contained herein, and has, by proper action, been duly authorized to execute and deliver this Contract. Section 3. Term. The term of this Contract shall commence with the execution and delivery hereof and shall extend until the termination of the Sales Tax or the failure of the Sales Tax to achieve voter approval. Section 4. Referendum; Capital Outlay Projects. The Consolidated Government shall call a referendum to be held in all voting precincts in the Special District on the March 16, 2021 on whether to reimpose the Sales Tax for the raising of not more than $250,285,000 to fund the following capital outlay projects in the following estimated amounts: (a) Projects, which are estimated to cost $241,285,000, to be owned or operated or both by the Consolidated Government or by one or more local authorities within the Special District pursuant to intergovernmental contracts with the Consolidated Government, as follows: (1) Public Safety, including Facilities, Equipment, and Vehicles - $23,435,000, (2) Quality of Life, including Parks and Recreation Facilities and James Brown Arena Project -$65,850,000, (3) Infrastructure and Facilities, including Road, Street, Bridge, and Drainage Improvements - $78,500,000, (4) Government Facilities, including New Fleet Maintenance Facility and Improvements to Juvenile Court, Fire Stations, and Other Facilities - $18,000,000, and (5) Economic Development, including Retail and Industrial Recruitment Projects, Blight Mitigation, Depot Project, and Cyber Center Parking Deck Acquisition - $46,500,000, and -3- 55840287.v4 additional estimated costs allocable to all such projects specified in subparagraphs (1) through (5) above, as follows: (i) Sales Tax Program and Project Administration - $5,000,000, and (ii) Interest Expense on Obligations Issued to Finance Projects - $4,000,000; (1) (b) Projects, which are estimated to cost $1,500,000, to be owned or operated or both by Blythe, as follows: (1) Public Safety Equipment and Vehicles - $200,000, (2) Road and Street Improvements - $250,000, (3) Water System Improvements - $300,000, (4) Stormwater Collection System Improvements - $150,000, (5) Rehabilitation of Blighted Properties - $100,000, (6) Parks and Recreation - $300,000, (7) Library Improvements - $50,000, and (8) Facilities Equipment/Systems Replacement - $150,000; and (1) (c) Projects, which are estimated to cost $7,500,000, to be owned or operated or both by Hephzibah, as follows: (1) Town Center with City Hall - $2,000,000 (2) Public Safety Equipment and Vehicles - $420,000, (3) Public Safety Training Center - $900,000, (4) Parks and Recreation - $1,700,000, (5) Cemetery Expansion - $150,000, and (6) Road and Street Improvements - $1,500,000, (7) Utility Vehicles and Equipment - $130,000, and (8) Water and Sewer System Improvements - $700,000. (1) The capital outlay projects specified in this Section 4 hereof are listed by category and particular projects within each category are specified on Exhibit A attached hereto. Each capital outlay project is intended to be fully funded by the Consolidated Government, Blythe, or Hephzibah with respect to each of their respective capital outlay projects. Weather, availability of contractors, availability of labor, materials, and equipment, and many other factors may affect each capital outlay project individually. While each capital outlay project will receive its respective allocation of Sales Tax proceeds as needed for completion, each project will proceed and be fully funded on an as needed and ready basis. Section 5. Distribution of Sales Tax Proceeds. The Consolidated Government shall apply the proceeds of the Sales Tax to fund the following capital outlay projects in the following order of priority: (a) First, a sufficient amount shall be set aside to pay the semiannual interest requirements and annual principal requirements next coming due in the current year on not to exceed $30,000,000 in aggregate principal amount of obligations issued to finance any one or -4- 55840287.v4 more of the capital outlay projects specified in subparagraphs (1) through (5) of Section 4(a) hereof; (b) Second, during calendar years 2022 and 2023, Sales Tax collections shall be disbursed for each such calendar year ratably to the Cities as soon as practicable as follows: (1) up to $750,000 of Sales Tax collections shall be disbursed to Blythe for each such calendar year to fund in equal priority any one or more of the capital outlay projects specified in Section 4(b) hereof; and (2) up to $3,750,000 of Sales Tax collections shall be disbursed to Hephzibah for each such calendar year to fund in equal priority any one or more of the capital outlay projects specified in Section 4(c) hereof; and (c) Third, all remaining Sales Tax collections shall be applied by the Consolidated Government to fund in equal priority those capital outlay projects specified in subparagraphs (1) through (5) of Section 4(a) hereof not otherwise financed by the obligations described in Section 5(a) hereof. Should a City cease to exist as a legal entity before all funds are distributed under this Contract, such City’s share of the funds subsequent to dissolution shall be paid to the Consolidated Government as part of the Consolidated Government’s share unless an act of the Georgia General Assembly makes the defunct City part of another successor municipality. If such an act is passed, the defunct City’s share shall be paid to the successor municipality in addition to all other funds to which the successor municipality would otherwise be entitled. The Consolidated Government and the Cities each reserve the independent and exclusive right to modify the priority and schedule of each of its respective capital outlay projects. All capital outlay projects included in this Contract shall be funded from proceeds from the Sales Tax, except as otherwise agreed in this Contract. Section 6. Use of Sales Tax Proceeds. The proceeds received from the Sales Tax shall be used by the Consolidated Government and each City receiving proceeds of the Sales Tax exclusively for the capital outlay projects specified in Section 4 hereof or to repay obligations that finance such capital outlay projects. Such proceeds shall be kept in separate accounts from other funds of the Consolidated Government and each City receiving proceeds of the Sales Tax and shall not in any manner be commingled with other funds of the Consolidated Government and each City receiving proceeds of the Sales Tax prior to expenditure. Section 7. Record-Keeping and Audit Requirements. The Consolidated Government and each City receiving any proceeds from the Sales Tax shall maintain a record of each and every project for which the proceeds of the Sales Tax are used. A schedule shall be included in each annual audit of each party hereto that shows for each such project the original estimated cost, the current estimated cost if it is not the original estimated cost, amounts expended in prior years, and amounts expended in the current year. Each party’s auditor shall verify and test expenditures sufficient to provide assurances that the schedule is fairly presented in relation to -5- 55840287.v4 each party’s financial statements. The auditor’s report on each party’s financial statements shall include an opinion, or disclaimer of opinion, as to whether the schedule is presented fairly in all material respects in relation to the financial statements taken as a whole. Section 8. Entire Agreement. This Contract expresses the entire understanding and all agreements among the parties hereto with respect to the subject matter hereof. Section 9. Severability. If any provision of this Contract shall be held or deemed to be or shall, in fact, be inoperative or unenforceable as applied in any particular case because it conflicts with any other provision or provisions hereof or any constitution or statute or rule of public policy, or for any other reason, such circumstances shall not have the effect of rendering the provision in question inoperative or unenforceable in any other case or circumstance, or of rendering any other provision or provisions herein contained invalid, inoperative, or unenforceable to any extent whatever. The invalidity of any one or more phrases, sentences, clauses, or sections contained in this Contract shall not affect the remaining portions of this Contract or any part hereof. Section 10. Counterparts. This Contract may be executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. Section 11. Amendments in Writing. No waiver, amendment, release, or modification of this Contract shall be established by conduct, custom, or course of dealing, but solely by an instrument in writing only executed by the parties hereto. Section 12. Limitation of Rights. Nothing in this Contract, express or implied, shall give to any person, other than the parties hereto and their successors and assigns hereunder, any benefit or any legal or equitable right, remedy, or claim under this Contract. (Signatures and seals appear on the following page) -6- 55840287.v4 IN WITNESS WHEREOF, the Consolidated Government and the Cities have caused this Contract to be executed in their respective corporate names and have caused their respective corporate seals to be hereunto affixed and attested by their duly authorized officers, all as of the day and year first above written. (SEAL) AUGUSTA, GEORGIA By: Hardie Davis, Jr. Mayor Attest: Lena Bonner Clerk of Commission (SEAL) CITY OF BLYTHE, GEORGIA By: Phillip L. Stewart Mayor Attest: City Clerk (SEAL) CITY OF HEPHZIBAH By: Robert J. Buchwitz Commission Chairman Attest: City Clerk 55840287.v4 EXHIBIT A [Attached] Augusta Georgia SPLOST 8 List Adopted by Commission on 12-8-2020 PUBLIC SAFETY Vehicles Sheriff's Office 6,000,000$ District Attorney's Office 100,000$ Marshal's Department 600,000$ RCCI 165,000$ Coroner's Office 40,000$ Animal Services 200,000$ Solicitor's Office - CVAP 30,000$ Replacement Vehicles 1,800,000$ Air Packs and Cylinders for Augusta Fire 1,000,000$ MDT Replacements for Existing Vehicles 1,000,000$ Downtown Video Security Enhancements 500,000$ RCCI New Facility 11,000,000$ Subtotal: Public Safety 22,435,000$ QUALITY OF LIFE Dyess Park 6,000,000$ Cemeteries 600,000$ Fleming Park 5,000,000$ Fleming Tennis Center 3,000,000$ Newman Tennis Center 4,000,000$ JS Lake Olmstead - Casino 4,500,000$ Park Improvements (Big Oak, Hickman, MM Scott and McBean Parks)6,000,000$ Municipal Golf Course 500,000$ Diamond Lakes 500,000$ Irrigation Countywide 3,000,000$ New State of the Art James Brown Arena 25,000,000$ Waterpark 5,000,000$ 5th Street Bridge 1,750,000$ Administration 1,000,000$ Subtotal: Quality of Life 65,850,000$ GENERAL GOVERNMENT PROJECTS Program Administration 5,000,000$ Interest Payments on SPLOST 8 Bonds 4,000,000$ Subtotal: General Government 9,000,000$ SPLOST 8 RECOMMENDATION Augusta Georgia SPLOST 8 List Adopted by Commission on 12-8-2020 INFRASTRUCTURE Grading and Drainage 20,000,000$ Walton Way 1,000,000$ ADA Curb Cuts and Sidewalk Improvements 1,000,000$ Wilkinson Garden Road / Drainage Improvements 3,000,000$ Road Resurfacing 23,500,000$ Continue East Augusta Phases IV and V 2,000,000$ Begin East Augusta Phases VI and VII 6,000,000$ On-Call Construction 1,000,000$ Engineering Administration 6,500,000$ Machinery and Equipment 500,000$ Willis Foreman Road Improvements 1,000,000$ Lake Dredging and Maintenance 4,000,000$ Flood Control / Structure Maintenance 1,000,000$ Sidewalks Rehab / Maintenance / Repair 500,000$ Right-of-Way Tree Management 1,000,000$ Traffic Operation Improvements 3,000,000$ Traffic Safety Improvements 3,500,000$ Subtotal: Infrastructure 78,500,000$ GOVERNMENT FACILITIES Fleet Maintenance New Facility 6,000,000$ Juvenile Court Facility 6,000,000$ Facility Mnt. / Exist. Fac. (incl. Craig Houghton)5,500,000$ Board of Elections 500,000$ Fire Stations 1,000,000$ Subtotal: Government Facilities 19,000,000$ ECONOMIC DEVELOPMENT Blight Mitigation 4,000,000$ Retail Recruitment 2,000,000$ Industrial Recruitment / Site Preparation 10,000,000$ Cyber Center Parking Deck 16,500,000$ Depot Project 14,000,000$ Subtotal: Economic Development 46,500,000$ Augusta Georgia SPLOST 8 List Adopted by Commission on 12-8-2020 OTHER GOVERNMENTS Hephzibah 7,500,000$ Blythe 1,500,000$ Subtotal: Other Governments 9,000,000$ Grand Total 250,285,000$ Commission Meeting Agenda 1/6/2021 2:00 PM Pandemic Relief Proposal Department:Administration Department:Administration Caption:Motion to approve proposed HUD CARES Act I revisions and HUD CARES Act III new funding allocation (summary attached). Post approval outcomes include a robust pandemic relief program highlighted by: 1) Allocation of $1.1 million in Rent and Utility Assistance for eligible Augustans. 2) Additional $1.25 million made available for small business relief ($1.6 million total) Up to $15,000/award (based on company size). 3) Fifteen percent reduction in administrative license fees. 4) Waiving of penalties and fees through July 1, 2021. 5) Allowing Alcohol license fees to be paid quarterly. 6) Implementation of 30-30 tax/fee deferral program Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Cover Memo Date: December 30, 2020 To: Mayor Hardie Davis Mayor Pro Tem Sean Frantom Commissioner Jordan Johnson Commissioner Dennis Williams Commissioner Catherine McKnight Commissioner Sammie Sais Commissioner Bobby Williams Commissioner Ben Hasan Commissioner Brandon Garrett Commissioner Francine Scott Commissioner John Clarke From: Odie Donald II, Administrator Subject: COVID Relief Proposal/HUD CARES Act III Allocation Background The consolidated government of Augusta, Georgia constantly searches for opportunities to enhance service delivery, support business and industry, and improve the quality of life of residents. Augusta, Georgia received $10.3 million in CARES Act funds that were utilized to offset increased costs related to the pandemic. These costs include increased medical and healthcare costs, the acquisition of PPE, increased election expenses, hazard pay for essential staff persons, and a direct allocation to Paine College. In addition to the CARES Act funding, Augusta, GA has also received direct federal allocations based on locally administered federal programs. These allocations included the airport ($19 million), transit ($6 million), and housing and community development ($4.8 million). The most flexible of these allocations were a portion of housing and community development funds under the community development block grant (CDBG) program. To date, Augusta, GA has received four separate allocations of funding from the U.S. Department of Housing and Urban Development (HUD) to provide services to prepare for, respond to and recover from the Covid- 19 pandemic. The allocations per grant program are as follows: Program Allocation Amount CDBG Round 1 $1,061,135 CDBG Round 3 $1,236,991 HOPWA Round 1 $152,172 ESG Round 1 and 3 $2,370,901 During the first nine months of the pandemic, Augusta, GA has leveraged the direct federal allocations to deliver innovative programming in support of business and industry, residents Office of the Administrator Odie Donald II, Administrator Ste. 910 - Municipal Building Jarvis R. Sims, Deputy Administrator 535 Telfair Street – Augusta, GA.30901 Tony McDonald, Deputy Administrator (706) 821-2400 – Fax (706) 821-2819 who are experiencing hardship as a direct result of the pandemic, and to offset additional costs required to administer services during the pandemic. After a review of initial outcomes, feedback from key business and community stakeholders, and recent medical progress, staff proposes to adjust current and future program structure to provide a more impactful benefit to the greater Augusta community. Overview of Augusta, GA Pandemic Relief Programs Small Business Support (funded via Community Development Block Grant - CDBG) The purpose of the CDBG allocation is to provide services that support the housing, economic development or community service needs of low to moderate-income residents. For Augusta’s allocation, the National Objective criteria being met is to benefit, in the form of Job Retention to low and moderate-income residents, at or below 80% of the Area Median Income (AMI). The current offerings include up to $5,000, which is available to properly licensed Augusta business with 10 or fewer employees and less than $500k in annual revenues. HUD requires that awarded firms complete Technical Assistance training (virtual), Job Retention reporting per HUD standards and enter into written Agreement with Augusta, Georgia. The current program created and implemented in Augusta awards funding to businesses meeting eligibility criteria and submitting a complete application to HCD. Applications are received on an ongoing basis and reviewed for threshold eligibility by HCD staff prior to being scored for funding recommendation by a 5-member review committee appointed by the Augusta Commission. Firms recommended for funding by the Committee engage HCD in completing virtual Technical Assistance Training, Job Retention Reporting, Reimbursable Expense documentation, City of Augusta Procurement documentation requirements and Written Agreement with Augusta, Georgia. This Agreement is executed by the Owner, HCD Director, Augusta Law Dept., Mayor and Clerk of Commission. Average turnaround time from initial signature to Clerk of Commission seal has exceeded 2 weeks. Proposed Revisions & Enhancements In an effort to expand the impact of the small business relief initiative and improve program efficiency, the administrator’s office recommends drastically revamping program eligibility requirements as well as the award structure and application process. Summary of Recommended Programmatic Revisions • Allocate an additional $1.25 million to small busines relief o Reallocation of $650,000 (remaining balance from CDBG Round 1 funding previously authorized by the Commission) o Incorporate an additional $600,000 from CDBG Round 3 funding into budget for Small Business Relief to bring total remaining budget to $1,250,000. • Expand eligibility requirements for business size to incorporate a tiered approach with larger award limits o Increase in allowable award to a maximum of up to $15,000/business (depending on size) § Tier 1 increase to $7,500 max award and allows businesses with up to 20 employees. o Note: Firms previously awarded can receive an additional $2,500 allowing for the $7,500 max award for this business size/tier. § Tier 2 $15,000 max award and allow for businesses with 21 to 100 employees. Summary of Recommended Process Revisions Currently the distribution timeline for businesses exceeds fifteen days on average. Extended distribution timelines post-award have proven to be detrimental to businesses in dire need of this vital program support. These delays negatively impact the bottom line of local businesses, and ultimately the paychecks of employees/residents facing a myriad of challenges due to the pandemic. In order to achieve quicker distribution of funding, with a goal of 10 business days (or less) from award recommendation to payment disbursement, staff recommends that in lieu of multiple required signatories, the Mayor serve as the sole required signature with reviews by all required entities to truncate the contract execution process. Additionally, staff recommends the following requirements: • Application through HCD’s Neighborly application portal. • Reimbursement documentation be provided as a part of the application submission to expedite the disbursement process • Remove application requirements for personal tax information from business owners (IRS Form 1040 and Form 990 for non-profits) • Due to the new calendar year, revise request in application of Q1 2019 and Q1 2020 financial statements to allow for any quarter prior to Q1 2020 and a comparable quarter of 2020. This adjustment will allow applicants to more easily demonstrate economic loss due to the public health emergency that began in March 2020. Rental and Utility Assistance Program (funded via the Emergency Solutions Grant -ESG; Housing Opportunities for Persons with Aids - HOPWA) The purpose of ESG funds as defined by the federal government is to provide services to persons experiencing or at-risk of experiencing homelessness. These services are categorized in Emergency Shelter and Rental Assistance categories. HOPWA is the only Federal program dedicated to addressing the housing needs of low-income people living with HIV/AIDS and their families. Augusta collaborates with Non-profit organizations to provide housing services and supports to these residents. Stable housing allows persons living with HIV/AIDS to access comprehensive healthcare and adhere to HIV treatment. Services include Rental, Utility and Mortgage payment assistance, medical cost and nutritional subsistence assistance. Both of these programs provide rental assistance and rapid rehousing to support moving someone from homelessness to stable rental housing, and homelessness prevention which assists with past due rent and utility payments to allow residents facing eviction to remain stably housed. Augusta, Georgia residents experiencing or at-risk of experiencing homelessness are eligible for support through this program but must agree to meet program requirements based on services administered. Individuals and families requiring assistance through homeless prevention must be at 50% Area Median Income or below. Summary of Pandemic Relief Offerings In addition to the programs funded through the federal government, the administrator’s office recommends providing additional support to Augusta businesses through expansion of previously approved alcohol license relief. During the December 8, 2020 Commission meeting, commissioners approved a proposal for the small business relief program for licenses and fees for the 2021 calendar year making all alcohol payments quarterly, extending the business license deadline to June 30, 2021 – effective July 1, 2021, waiving all late fees and penalties until those effective dates, and providing a 15% reduction of the business license administration fees for two years. Staff proposes to expand this offering by allowing businesses to choose to take advantage of a new 30-30 proposal. Similar to the City of Tucker, GA, under the 30-30 plan, if a business owner can show that their revenues dipped by at least 30 percent in 2020, then they will have the option to defer 30 percent of the tax they owe until 2022 occupational certificate or alcohol license renewal fees are due. A summary of the complete pandemic offering, largely funded by HUD CARES Act allocations provided to HCD, is included below. Augusta Pandemic Relief Program Highlights • Allocation of $1.1 million in Rent and Utility Assistance • Additional $1.25 million made available for small business relief ($1.6 million total) o Up to $15,000/award (based on company size) • Fifteen percent reduction in administrative license fees • Waiving of penalties and fees through July 1, 2021 • Allowing Alcohol license fees to be paid quarterly • Implementation of 30-30 tax/fee deferral program Commission approval of the proposed CARES Act round I revisions, and CARES Act round III new funding allocation (summary attached) would allow for full implementation of this proposal. Should you need additional information or a briefing on this subject, please contact Odie Donald II (odonald@augustaga.gov). cc: Clerk of the Commission Page 1 of 1 Augusta Richmond County HUD CARES ACT RECOMMENDATIONS (CARES ROUND 3 – CV3 GRID) NATIONAL OBJECTIVES- Low Mod Benefit (L/M) (L/M Income Area Benefit) The public services are available to all residents in a primarily residential area, and at least 51% of those residents (or less if the exception criteria are applicable) are L/M income persons. Increased police and fire protection services in a predominantly L/M income neighborhood. Major Categories Budget Project Description Administration $247,398 Purpose: staff planning ~ data gathering, studies, and preparation of plans of action to implement the plan, salaries/wages, equipment, supplies, materials and other administrative related costs. Small Business (Economic Development) Assistance Regulations: See section 105(a) (17) (42 U.S.C. 5305(a)(17); 24 CFR 570.203(b). See section 105(a) (22) (42 U.S.C. 5305(a) (22)); 24 CFR 570.201(o). $600,000 Purpose: To provide financial assistance to local small businesses negatively impacted by COVID-19 to include (but not limited to): a) Working Capital to pay wages b) Leasing Costs; and, c) Business License. Other Eligible Activities $489,593 Public Services & Community Relief Assistance  To provide assistance to for-profit/non-profit entities, in the form of an emergency grant, that alleviate existing conditions that pose an immediate threat to the health or welfare of the community related to CV19. Support of services (but not limited to): a) Child Care/Day Cares; b) After School Enrichment Centers; and. c) Meals on Wheels Services. Augusta Georgia Initiatives  Partial uses of CARES Act Rd.3 funding shall also incorporate best practice activities to potentially include (but not limited to) the following: a) Mobile App; b) Virtual Construction Inspections; c) Command Center development and/or upgrades; and, b) Healthcare Supplement Services (mobile care). Total $1,236,991.00 Potential uses of federal funds to prevent, prepare for and respond to CV19 Commission Meeting Agenda 1/6/2021 2:00 PM Task Force on Confederate Monuments, Street Names, and Landmarks Department: Department: Caption:Receive a report and presentation from the Task Force on Confederate Monuments, Street Names, and Landmarks. (Requested by Mayor Hardie Davis, Jr.) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 1/6/2021 2:00 PM Affidavit Department: Department: Caption:Motion to authorize 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