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Home My WebLink About2006-01-09-Meeting Agendawww.augustaga.gov Public Service Committee Meeting Committee Room- 1/9/2006- 12:30 PM PUBLIC SERVICES 1. Motion to approve an amendment to the 2006 contract with CSRA-RDC for Wellness and Recreation Grant funds for Senior Services. Attachments 2. Motion to approve the Fourth Amendment to the Lease at Augusta Soccer Park between Augusta Arsenal Gunners Soccer Club and Augusta, Ga. Attachments 3. Motion to accept a donation from Martin Marietta Materials, Inc. in the amount of $1,500.00, and to approve a Budget Resolution to amend the 2006 General Fund Budget accordingly. Attachments 4. Motion to approve an amendment in the employment agreement for Mr. Richard Hatfield, Newman Tennis Center Manager. Attachments Public Service Committee Meeting 1/9/2006 12:30 PM Amendment to Senior Services Wellness and Recreation Grant Contract Department:Recreation and Parks Department - Tom F. Beck, Director Caption:Motion to approve an amendment to the 2006 contract with CSRA-RDC for Wellness and Recreation Grant funds for Senior Services. Background:Augusta Recreation and Parks operates five Senior Service Centers in the city, including Nutrition Wellness and Recreation programs, primarily funded (90%) from Grant funded provided through the CSRA Regional Devwelopment Center. The five sites are: Brigham Senior Center, Carrie J. Mays Family Life Center, McBean Community Center, Blythe Area Recreation Center and Sand Hills Community Center. Analysis:This amendment adds $1,424.00 to the Wellness and Recreation Grant Funds for 2006. No local (city) match is required for this funds to be received. Financial Impact:($1,424.00) Alternatives:None Recommendation:To approve Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Administrator. Clerk of Commission CSRA REGIONAL DEVELOPMENT CENTER 3023 Riverwatch Parkway Suite A Augusta, Georgia 30907 FROM: Andy Crosson, Executive Director, CSRA RDC_______________ DATE: November 30, 2005 TO: Augusta/Richmond County Board of Commissioners REF: Amendment #1to CSRA Contract #06-08-1128 Contract Amendments: Changes in this contract, including any increase or decrease in the amount of the Subgrantee’s compensation, shall be incorporated in written amendments to this contract. Amendments to this contract may be executed on behalf of CSRA RDC only by the CSRA RDC’s Executive Director. This amendment transmits the following contract amendment on the contract referenced above: FUND CURRENT AMOUNT OF REVISED SOURCE BUDGET CHANGE (+/-) BUDGET CBS Health Promotion $ 34,786 $ 1,000 $ 35,786 Title IIIB/State Recreation 13,000 500 $ 13,500 Title IIID/State Health Promotion $27,882 ($ 76) $ 27,806 Total $75,668 $ 1,424 $ 77,092 CSRA Regional Development Augusta/Richmond County Center Board of Commissioners 3023 Riverwatch Parkway 530 Greene Street Augusta, Georgia 30907 Augusta, Georgia 30911 By:_________________________ By: __________________________ Title:________________________ Title: Executive Director_________ Date: _______________________ Date: ________________________ Public Service Committee Meeting 1/9/2006 12:30 PM Amendment to Soccer Park lease Department:Recreation and Parks, Tom F. Beck, Jr., Director Caption:Motion to approve the Fourth Amendment to the Lease at Augusta Soccer Park between Augusta Arsenal Gunners Soccer Club and Augusta, Ga. Background:Augusta Soccer Park, owned by Augusta, Ga. and a facility in the Recreation and Parks system, has been leased for operations to the Augusta Arsenal Soccer Club since 1996. The Soccer Club has done an outstanding job operating the facility during this timeframe, and in 2005 all operations of the park were turned over to the Soccer Club, including maintenance, upkeep, repairs and payment of utilities. The city made a $50,000 allocation of funds to the Soccer Club for payment of these services. Analysis:This amendment will continue the same arrangement as described above, to allocate $50,000 to the Soccer Club, which saves the Recreation and Parks Department valuable personnel, fuel and repair costs estimated at over $20,000 annually. Financial Impact:$50,000 allocation to the Soccer Club, which is a 2006 budgeted item. Alternatives:1. Deny, placing all maintenance back to the Recreation and Parks staff, which would place an additional burden on an already understaffed maintenance division. 2. To approve. Recommendation:#2 - to approve Funds are Available in the Following 101061473 - 5700001 Accounts: REVIEWED AND APPROVED BY: Finance. Administrator. Clerk of Commission STATE OF GEORGIA ) ) COUNTY OF AUGUSTA-RICHMOND ) Fourth Amendment to Lease This amendment to lease, effective this ______ day of _______________, 2006 is entered into between AUGUSTA GEORGIA, a political subdivision of the State of Georgia, hereinafter referred to as (Lessor), and AUGUSTA ARSENAL SOCCER CLUB, INC., a Georgia Corporation, hereinafter referred to as (Lessee). Lessor and Lessee shall sometimes be referred to as (Parties). Witnesseth: WHEREAS, On October 1, 1996 Lessor and Lessee entered into a long term lease agreement, attached hereto as Exhibit “A”, to provide Lessee with the right to operate certain property owned by Lessor for recreational, educational, and other purposes (“Lease Agreement”); and WHEREAS, On September 4, 2001 said Lease Agreement was amended in writing by an Amendment to Lease, attached hereto as Exhibit “B” to provide for the construction and use of a multi-purpose building (“Amendment to Lease”). WHEREAS, on September 11, 2002 said Lease Agreement was amended in writing by a Second Amendment to Lease, attached hereto as Exhibit “C” to provide for the installation of field lighting (Second Amendment to Lease). WHEREAS, on January 18, 2005 said lease agreement was amended in writing by a Third Amendment to lease, attached hereto as Exhibit “D” to provide for maintenance and operations to the property(Third Amendment to Lease). NOW, THEREFORE, in consideration of the October 1, 1996 Lease Agreement, the September 4, 2001 Amendment to Lease, the September 11, 2002 Second Amendment to Lease, the January 18, 2005 Third Amendment to Lease, and the mutual benefits of maintenance and operation of said leased property, the Parties hereby amend said Lease Agreement by adding the following new provision thereto: 1. The term of this amendment shall be one (1) year, beginning January 1, 2006 and terminating December 31, 2006. 2. Lessor shall allocate to the lessee the amount of $50,000 for the purpose of providing all maintenance, upkeep and all other operational costs associated with the leased property. These operational responsibilities shall include, but not be limited to, all electrical, water sewer, janitorial, field preparation and maintenance building repairs and bleacher maintenance and repairs. 3. Lessor shall be responsible for field lighting maintenance and upkeep, including but not limited to, replacement of bulbs and fixtures as needed, pole maintenance and repairs, electrical wiring repairs and redirection of lights as necessary. 4. Lessor shall provide a minimum of thirty (30) working days of one (1) inmate crew consisting of a Correctional Officer and six (6) inmates for the purpose of providing grounds maintenance services at the leased property. Work requests associated with this stipulation shall be directed by the lessee. 5. Lessor agrees to provide the grounds maintenance equipment as outlined in attachment 1 to the lessee for the term of this agreement. The Lessor shall provide such equipment in good working order at the commencement of this agreement, and the Lessee agrees to return said equipment in good working order at the conclusion of this agreement, minus normal wear and tear associated with it’s use. Lessor shall provide maintenance and upkeep to said equipment, excluding fuel. 6. The Lessor will assist in the process of acquiring community service workers through the probation office for added resources to provide labor for park maintenance. 7. The payment schedule from the Lessor to the Lessee shall be as follows: $12,500.00 – payable by January 15th, 2006 $12,500.00 – payable by April 15, 2006 $12,500.00 – payable by July 15, 2006 $12,500.00 – payable by October 15, 2006 8. Except as amended herein the terms of the October 1, 1996 Lease Agreement remain in full force and effect and govern the responsibilities between the Lessor and Lessee. IN WITNESS WHEREOF, Lessor and Lessee executed, signed, sealed, and delivered this amendment to lease agreement in duplicate effective the day and year first written above. Augusta Arsenal Soccer Club, Inc. Augusta Georgia, __________________________ _______________________ President Mayor Deke Copenhaver Attest:____________________ Attest:_________________ Secretary Clerk Public Service Committee Meeting 1/9/2006 12:30 PM Donation - Marietta Materials, Inc. Department:Recreation and Parks Department - Tom F. Beck, Director Caption:Motion to accept a donation from Martin Marietta Materials, Inc. in the amount of $1,500.00, and to approve a Budget Resolution to amend the 2006 General Fund Budget accordingly. Background:Martin Marietta Materials, Inc. selected Augusta Recreation and Parks Department as a recipient of funding for contributions to local organizations. Analysis:These funds will be utilized to upgrade the Augusta Skatepark on Damascus Road. Financial Impact:-0- Alternatives:None Recommendation:To approve Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Administrator. Clerk of Commission Budget Resolution STATE OF GEORGIA ) AUGUSTA RICHMOND COUNTY AUGUSTA-RICHMOND COUNTY ) COMMISSION BUDGET AMENDMENT NO:…………… IT IS HEREBY ORDERED that the General Fund Budget for the year 2006 be amended to reflect increased revenue of $1500.00. IT IS FURTHER ORDERED that the appropriations be increased by $1500.00 for skatepark expenditures in 2006. REVENUES $1500.00 Total ______________________ APPROPRIATIONS $1500.00 Total ______________________ DEKE COPENHAVER, MAYOR Approved this ……the day of……____ AUGUSTA-RICHMOND COUNTY COMMISSION ______________________________ As its mayor Attest: ________________ Clerk of Commission Public Service Committee Meeting 1/9/2006 12:30 PM Newman Tennis Center Manager Department:Recreation and Parks Department - Tom F. Beck, Director Caption:Motion to approve an amendment in the employment agreement for Mr. Richard Hatfield, Newman Tennis Center Manager. Background:Mr. Hatfield works under a year to year contract as manager of Newman Tennis Center, and has been under this same contract since 1997. His current agreement had a 2.5 % increase in salary included. This amendment will adjust his base compensation up to 8% to be consistent with recently approved pay increase to other employees. (see attachments) Analysis: Financial Impact:$2,292.64 Alternatives:1. To approve. 2. Leave base compensation the same. Recommendation:1. To approve Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission 1 EMPLOYMENTAGREEMENT-MANAGER THISAGREEMENTismadeandenteredintoeffectivethe20 th dayofAugust,2005,byandbetweenAUGUSTA,GEORGIA,actingby andthroughtheAugusta-RichmondCountyCommission(the"County") andRICHARDHATFIELD("Manager"). WITNESSETH: WHEREAS,theCountyhasassumedoperationsoftheNewman TennisCenter(the"Center")locatedonWrightsboroRoadin Augusta,Georgia,andisinneedofamanagertodirectthe operationsoftheCenter;and WHEREAS,Managerisableandwillingtoprovidesaid services. NOW,THEREFORE,inconsiderationofthemutualand reciprocalpromisesandcovenantscontainedherein,andother goodandvaluableconsideration,thereceiptandsufficiencyof whichareherebyacknowledged,theparties,intendingtobe legallybound,agreeasfollows: 1. EMPLOYMENTBYCOUNTY.TheCountyherebyemploys Manager,andManagerherebyacceptsemploymentbytheCounty, underthetermsandconditionssetforthinthisAgreement. 2. DUTIES.Manageragreestoperformalldutiesassigned tohimbytheCountyastheManageroftheCenter.Dutiesof Managershallinclude,butnotbelimitedto,thosedutieslisted onExhibitA,attachedheretoandincorporatedhereinby reference,togetherwithsuchotherdutiesasmaybeassignedby 2 theCountyfromtimetotime. 3. PERFORMANCE.Manageragreestodevoteallnecessary timeandhisbesteffortsintheperformanceofhisdutiesin accordancewiththehighestethicalstandards.Managershall maintainofficehoursduringnormalhoursofoperationofthe Center,whichshallbeasfollows: MondaythroughSaturday:8:30a.m.-10:00p.m. Sunday:9:00a.m.-8:00p.m. Managershallbeavailabletocarryouthisdutiestwenty- fourhoursaday,sevendaysaweekifnecessary. 4. OUTSIDEACTIVITIES.Anyfeeorhonorariumreceivedby ManagerforactivitiesperformedbyManagerwhichinanymanner maybeconnectedwiththebusinessoftheCentershallbepaidto theCountyunlessotherwisespecifiedherein.Manager'sability toperformoutsideemploymentshallbesubjecttoapprovalofa requestforpermissionsubmittedtotheAugusta-RichmondCounty Administrator(the"Administrator"). 5. TERM.ThetermofemploymentunderthisAgreement shallbeforone(1)year,beginningAugust20,2005and continuingtoAugust19,2006,unlesssoonerterminatedas providedherein. NotwithstandinganythingtothecontraryinthisAgreement, itisexpresslyunderstoodandagreedthatManagerservesatthe pleasureoftheCommissionandmaybeterminatedbythe Commissionatwill,withforty-five(45)days'noticetoManager asprovidedinSection12ofthisAgreement. 3 Unlesssoonerterminated,thisAgreementmayberenewedfor subsequenttermsofone(1)yearuponthemutualagreementof bothparties. 6. COMPENSATION. a. Basesalary.Fortheperformanceofallduties assignedtoManager,Managershallbepaidabaseannualsalary ofFortyThreeThousandNineHundredSeventySixDollarsand 95/100Dollars($43,976.95),payablebiweeklyandatthesame timesasotheremployeesofAugusta-RichmondCounty. b. Tennislessonfees.Managershallalsoreceiveas compensationeightypercent(80%)ofthefeeschargedfortennis lessonsprovidedbyManagerattheCenter,withtheCounty retainingtheremainingtwentypercent(20%)ofsaidfees. c. Restringingfees. Managershallalsoreceiveas compensationallrestringingfees(nottoexceed$8.00per racket)forrestringingperformedbyManager;anyremainderof saidrestringingfeestoberetainedbytheCounty. d. Tournamentcompensation.Managershallalso receive$150.00perdayforservicesrenderedinconnectionwith weekend(Saturdayand/orSunday)tournamentsheldattheCenter, and$60.00perdayforservicesrenderedinconnectionwith weekdaytournamentsheldattheCenter;provided,however,that thisSubsectiond.appliesonlytotournamentsinwhichatleast sixty-four(64)playershaveregisteredtoparticipate. e. Paymentofcompensation.Managershallbe responsibleformaintainingaccountsoftennislessonsand 4 restringingfeesprovidedbyhimattheCenter,andforproviding saidaccountingtoCountyforthepurposesofcalculatingthe portionofManager'scompensationrelatingtotennislessonfees. Manager'ssalaryshallbepayableinequalbiweeklyinstallments, suchpaymentstobemadeatthesametimeassimilarpaymentsare madetoemployeesoftheCounty.Paymentsofsalarywhenless thanafullinstallmentisdueshallbeinaproratedamount. Manager'ssalarypaymentsshallbesubjecttosuchpayroll deductionsasincometax,withholdingandothermattersas requiredbylaw. 7. STATUSOFMANAGER.Manageracknowledgesandagrees thathisrelationshipwiththeCountyandtheCommissionisone ofcontract,andthatthepartiesarenotjointventure’sor partnersforanypurpose.Managerfurtheracknowledgesand agreesthatheisresponsiblefortheday-to-dayoperationand managementoftheCenter,and,assuch,isclassifiedasa salaried-exemptemployeeundertheFairLaborStandardsAct,with noclaimtoovertimecompensationunderanyconditionsor circumstances.Managerfurtheracknowledgesandagrees,however, thatheisnotclassifiedasa"departmenthead"or"department director"oftheCounty. 8. BENEFITS.Managershallbeentitledtoreceiveand participateinallbenefitsavailabletoemployeesofAugusta- RichmondCountyworkinginpositionscomparabletothatof Manager,includingwithoutlimitation,healthandlifeinsurance, retirement,annualleave,andsickleave. 5 9. WORKINGFACILITIESANDEXPENSES.Managershallbe providedanofficewithintheCenter,supportstaff(clerical, proshop,grounds,andmaintenancepersonnel)andsuchother facilities,equipment,suppliesandservicesnecessaryforthe performanceofhisduties,allasdeterminedinthediscretionof theCounty.TheCountyshallpay,orcausetobepaid,alldues ofManagerinanyofthefollowingjob-relatedprofessionalor civicassociationstowhichhemaybelong,towit: #UnitedStatesProfessionalTennisAssociation(USPTA) #UnitedStatesTennisAssociation(USTA) #UnitedStatesProfessionalTennisRegistry(USPTR) andsuchotherassociationsasmayhereafterbeapprovedbythe Administrator;provided,however,thatsuchpaymentsshallnot exceedatotalof$500.00peryear. ItisanticipatedthatManager,fromtimetotime,mayincur reasonableexpensesforpromotingtheCenter,andexpensesfor continuingeducation,andotheractivitiesassociatedwith Manager'spositionanddutiesasanemployeeoftheCounty,and fortravelandsimilaritems.Thecostofsuchactivities (including,asauthorized,travel,tuition,registration,food andlodging)shallbepaidbytheCountyiftheAdministrator determinesthatsuchexpenseshouldbeauthorizedasanexpense oftheCounty.Shouldsuchauthorizationoccur,Countyshallpay suchexpenseor,whereappropriateandnecessary,Managershall bereimbursedthereforuponpresentationtotheAdministratorof 6 anitemizedexpensevoucher.Anyexpensesnotapprovedbythe AdministratorshallnotbepaidorreimbursedbyCounty. 10. RECORDSANDFILES.Allbusinessrecordsandfiles concerningtheCentershallbelongtoandremainthepropertyof theCounty. 11. INDEMNIFICATION.Managershallindemnifyandhold harmlesstheCountyagainstallexpenses(includingwithout limitationreasonableattorneys'fees),damages,judgments, fines,andamountspaidinsettlementactuallyandreasonably incurredbytheCountyasaresultofactsoromissionsof Manager,ifandtotheextenttheManager'sactsoromissions constitutegrossnegligence,willfulmisconductorillegal conduct(unlessManagerhadnoreasonablecausetobelievehis conductwasunlawful). Totheextentpermittedbylaw,theCountyshallindemnify ManagerifandtotheextentManagerismadeapartytoany proceedingbyreasonofthefactthatManagerisorwasan employeeoftheCounty,orservingattherequestoftheCounty, againstallexpenses,damages,judgments,fines,andamountspaid insettlementactuallyandreasonablyincurredbyManager,if Manageractedinamannerhebelievedingoodfaithtobeinor notopposedtothebestinterestsoftheCounty,andCounty shall,atitssoleoption,providelegalrepresentationfor ManagerinanyclaimorsuitoractionforwhichCountywouldbe requiredtoindemnifyManageraccordingtothisparagraph. Countyshallhavenoobligationtoindemnify,holdharmlessor 7 representManagerwithregardtoallegedillegalconductby Manager. 12. QUALIFICATIONSOFMANAGER.Managerwarrantsand representstotheCountythatalloftheinformationManagerhas furnishedtotheCountyregardinghisemploymentwiththeCounty istrueandcorrectandaccuratelydescribesManager's qualifications,experienceandbackground,andthatManagerhas providednoinformationwhichismisleadingnorhashefailedto provideanyinformationwhichfailurewouldmakeother informationprovidedmisleading. 13. TERMINATIONOFEMPLOYMENT.Managermayterminate thisAgreementforanyreasonuponforty-five(45)days'written noticetotheCounty,andCountymayterminatethisAgreement, foranyreasonuponforty-five(45)days'writtennotice.During said45-day period,Managershallcontinuetoperformhisduties andshallcontinuetobepaidaccordingtothetermsofthis Agreement.SolongastheCounty'sterminationofManagerisnot forcause,thentogetherwiththefinalpaymentofsalary, Managershallalsoreceivepaymentforanyaccruedbutunused annualleave,tothesameextentasotheremployeesofthe County. Followinganynoticeoftermination,Managershallfully cooperatewiththeCountyinallmattersrelatingtothewinding upofhispendingworkonbehalfoftheCounty,andtheorderly transferofanysuchpendingworktootheremployeesofthe CountyasmaybedesignatedbytheCommission. 8 14. AUGUSTA-RICHMONDCOUNTYCOMMISSIONPERSONNELPOLICIES ANDPROCEDURES.Manageracknowledgesandagreesthatheis coveredbytheAugusta-RichmondCountyCommissionPersonnel PoliciesandProcedures;provided,however,thatintheeventof aconflictbetweensaidPoliciesandProceduresandthis Agreement,thetermsandconditionsofthisAgreementshall control.Managerfurtherspecificallyacknowledgesandagrees thatterminationofhisemploymentpursuanttoSection12ofthis Agreementshallbeacontractualmatter,suchthatthegrievance andappealproceduresofthePersonnelPoliciesandProcedures shallnotapplyto,norbeavailableto,Manager. 15. MISCELLANEOUSPROVISIONS. a. Thewaiverbyeitherpartyofabreachor violationofanyprovisionofthisAgreementshallnotoperateor beconstruedtobeawaiverofanysubsequentbreachor violation. b. Anyandallnoticesrequiredorpermittedtobe givenunderthisAgreementshallbesufficientlyprovidedif furnishedinwritinganddeliveredpersonallyorbycertified mailwithreturnreceiptrequestedtothefollowingaddresses: ForCounty: FredRussell InterimAdministrator EighthFloor,MunicipalBldg(11) 530GreeneStreet Augusta,Georgia30911 ForManager: ____________________________ ____________________________ ____________________________ 9 ____________________________ c. ThisAgreementshallbeinterpretedandconstrued accordingandsubjecttothelawsoftheStateofGeorgia. d. Theheadingsandnamesofsectionsofthis Agreementareforconvenienceonlyandshallinnomannerbe construedasapartofthisAgreement. INWITNESSWHEREOF,thepartiesheretohaveexecutedthis Agreementeffectiveasofthedatefirstabovewritten. AUGUSTA,GEORGIA byandthroughthe Augusta-RichmondCountyCommission By:__________________________ MAYOR ATTEST: ________________________ By:____________________ CLERKOFCOMMISSION MANAGER _______________________________ RICHARDHATFIELD Sworntoandsubscribed beforemethis___dayof _____________,2005. _________________________ NotaryPublic MyCommissionExpires: _________________________