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HomeMy WebLinkAbout2009-04-29-Meeting Agendawww.augustaga.gov Public Service Committee Meeting Committee Room- 4/29/2009- 12:30 PM PUBLIC SERVICES 1. Motion to approve the recommendation of the Aviation Advertising Agency as presented by the Committee selected to review the proposers. Attachments 2. Motion to approve the recommendation of the Air Service Consultant Agency, Seabury Airline Planning Group, LLC, as presented by the Committee selected to review the proposers. Attachments 3. New Application: A. N. 09 - 77: A request by Yong H. Lee for an on premise consumption Liquor license to be used in connection with Un Ha Su Restaurant & Karaoke located at 1855 Gordon Hwy. District 5. Super District 9. Attachments 4. New Application: A. N. 09 - 78: A request by Yang Rong for an on premise consumption Liquor, Beer & Wine license to be used in connection with Kobe Steak House, Inc. located at 2801 Washington Rd. There will be Sunday Sales. District 7. Super District 10. Attachments 5. Motion to approve the contract between Augusta Regional Airport and Defense Energy Support Center (DESC). This contract will begin April 1, 2009 and end March 31, 2013. Attachments 6. Presentation by Mr. Hudson regarding a discussion of the closing of Goodrich Street at sundown. (Requested by Commissioner Brigham) Attachments 7. Motion to approve a lease of city property to Georgia Department of Natural Resources associated with the Go Fish Georgia Tournament Boat Ramp grant and project. Attachments 8. Motion to award RFQ bid item # 09-086A, Photography Services, to Future Stars Photography. Attachments Public Service Committee Meeting 4/29/2009 12:30 PM Airport Advertising Agency Recommendation Department:Augusta Regional Airport Caption:Motion to approve the recommendation of the Aviation Advertising Agency as presented by the Committee selected to review the proposers. Background:An RFQ was sent out for the Selection of the Airport Advertising Agency. The current contract with Hall Marketing will end March 31, 2009. The Selection Committee met March 24th to review the proposers, and selected Hall Marketing as the Airport Advertising Agency of choice. Analysis:The new contract is proposed for two (2) consecutive years with three (3) one year renewals. The contract will be presented for approval when it is completed and review by legal council. Financial Impact:Invoices will be presented when work is requested of the agency. Alternatives:Deny request. Recommendation:Approve request. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 1 Attachment number 1 Page 1 of 1 Item # 1 REQUEST FOR QUALIFICATIONS Request for Qualifications will be received at this office until Thursday, March 5, 2009 @ 3:00 p.m. FOR FURNISHING: RFQ ITEM #09-055 Advertising Agency for Augusta Regional Airport RFQ ITEM #09-056 Air Service Consultant for Augusta Regional Airport RFQs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 RFQ documents may be examined at the office of the Augusta, GA Procurement Department, 530 Greene Street – Room 605, Augusta, GA 30901. All questions must be submitted in writing to the office of the Procurement Department by Friday, February 20, 2009 @ 3:00 p.m. by fax at 706-821- 2811 or by mail. No RFQ 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 on an eligible local project, the certification statement as a local bidder and all supporting documents must be submitted to the Procurement Department with your bonafide bid package. No RFQ may be withdrawn for a period of 90 days after time has been called on the date of opening. Bidders will please note that the number of copies requested; all supporting documents including financial statements and references and such other attachments that may be required by the bid invitation are material conditions of the bid. Any package found incomplete or submitted late shall be rejected by the Procurement Office. Any bidder allegedly contending that he/she has been improperly disqualified from bidding due to an incomplete bid submission shall have the right to appeal to the appropriate committee of the Augusta Commission. Please mark RFQ number on the outside of the envelope. Bidders are cautioned that sequestration of RFQ documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFQ documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle January 29, February 5, 12, 19, 2009 Metro Courier February 4, 2009 cc: Tameka Allen Interim Deputy Administrator Tammy Strange Augusta Regional Airport Diane Johnston Augusta Regional Airport Attachment number 2 Page 1 of 1 Item # 1 Vendors: Original 7 Copies Fee Structure Hall Marketing, Inc 519 Blackburn Drive Martinez, GA 30907 Yes Yes Yes The Alison Group 109 8th Street Augusta, GA 30901 Yes Yes Yes RedWolf, Inc 4025 Maddox Road Augusta, GA 30909 Cinergie P. O. Box 1268 Evans, GA 30809 Team 1 Advertising 206 Jackson Avenue North Augusta, SC 29841 United Marketing P. O. Box 212114 Augusta, GA 30917 Jan Holley Advertising 2701 West Terrace Drive Martinez, GA 30909 Mass Media Marketing 229 Furys Ferry Road Suite 123 Augusta, GA 30907 Medici Media 911 Hammond Drive North Augusta, SC 29841 Marketing Workshop 3725 Da Vinci Court Norcross, GA 30092 Slemp 4778 Darlene Way Tucker, GA 30084 Southeastern Marketing 4569-C Cox Road Evans, GA 30809 Acsential, Inc P. O. Box 312245 Atlanta, GA 31131 RFQ Item #09-055 Advertising Agency Services For the City of Augusta - Augusta Regional Airport RFQ Opening Date: Thursday, March 5, 2009 at 3:00 P.M. Non-Compliant Failed to submit the Contractor Affidavit & Agreement Form Attachment number 3 Page 1 of 1 Item # 1 Attachment number 4 Page 1 of 1 Item # 1 Attachment number 5 Page 1 of 1 Item # 1 Attachment number 6 Page 1 of 2 Item # 1 Attachment number 6 Page 2 of 2 Item # 1 Attachment number 7 Page 1 of 3 Item # 1 Attachment number 7 Page 2 of 3 Item # 1 Attachment number 7 Page 3 of 3 Item # 1 Public Service Committee Meeting 4/29/2009 12:30 PM Airport Air Service Consultant Agency Department:Augusta Regional Airport Caption:Motion to approve the recommendation of the Air Service Consultant Agency, Seabury Airline Planning Group, LLC, as presented by the Committee selected to review the proposers. Background:An RFQ was sent out for the Selection of the Airport Air Service Consultant Agency. The current contract with Seabury Airline Planning Group, LLC will end March 31, 2009. The Selection Committee met March 23rd to review the proposers and selected Seabury Airline Planning Group, LLC, as the Airport Air Service Consulting Agency. Analysis:once the Agency is is approved for selection it is recommended the contract be for two (2) consecutive years with three (3) one year renewals. The contract will be presented to the Augusta Commission upon final selection of the agency and approval of the contract by legal counsel. Financial Impact:Payment will be made upon completion of requested tasks. Alternatives:Deny request. Recommendation:Approve request. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 2 Attachment number 1 Page 1 of 1 Item # 2 REQUEST FOR QUALIFICATIONS Request for Qualifications will be received at this office until Thursday, March 5, 2009 @ 3:00 p.m. FOR FURNISHING: RFQ ITEM #09-055 Advertising Agency for Augusta Regional Airport RFQ ITEM #09-056 Air Service Consultant for Augusta Regional Airport RFQs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 RFQ documents may be examined at the office of the Augusta, GA Procurement Department, 530 Greene Street – Room 605, Augusta, GA 30901. All questions must be submitted in writing to the office of the Procurement Department by Friday, February 20, 2009 @ 3:00 p.m. by fax at 706-821- 2811 or by mail. No RFQ 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 on an eligible local project, the certification statement as a local bidder and all supporting documents must be submitted to the Procurement Department with your bonafide bid package. No RFQ may be withdrawn for a period of 90 days after time has been called on the date of opening. Bidders will please note that the number of copies requested; all supporting documents including financial statements and references and such other attachments that may be required by the bid invitation are material conditions of the bid. Any package found incomplete or submitted late shall be rejected by the Procurement Office. Any bidder allegedly contending that he/she has been improperly disqualified from bidding due to an incomplete bid submission shall have the right to appeal to the appropriate committee of the Augusta Commission. Please mark RFQ number on the outside of the envelope. Bidders are cautioned that sequestration of RFQ documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFQ documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle January 29, February 5, 12, 19, 2009 Metro Courier February 4, 2009 cc: Tameka Allen Interim Deputy Administrator Tammy Strange Augusta Regional Airport Diane Johnston Augusta Regional Airport Attachment number 2 Page 1 of 1 Item # 2 Vendors:Original 7 Copies Fee Structure Addendum 1 Mead & Hunt 28829 Lockheed Drive Suite 2A Eugene, OR 97402 SH & E 9300 Lee Highway Fairfax, VA 22031 Seabury Aviation Planning 1919 Gallows Road, Suite 550 Vienna, VA 22182 Yes Yes Yes Yes Sixel Consulting Group 1180 West 15th Avenue Eugene, OR 97402 Yes Yes Yes Yes Boyd Group 78 Beaver Brook Canyon Road Evergreen, CO 80439 Sabre Airline Solutions 115 West Peachtree Place NW Atlanta, GA 30313 InterVISTAS Consulting 1615 L Street NW Washington, DC 20036 TranSystems 2400 Pershing Road, Suite 400 Kansas City, MO 64108 Jacobs Consultancy 555 Airport Boulevard Suite 300 Burlingame, CA 94010 No Bid Response Non-Compliant Failed to Properly Execute the Contractor Affidavit & Agreement Form, Statement of Non-Discrimination Form, Non-Collusion Affidavit of Bidder/Offeror Form, and LSB Subcontractor/Supplier Utilization Plan Non-Compliant Failed to submit the Contractor Affidavit & Agreement Form, Subcontractor Affidavit Form, Non-Collusion Affidavit of Bidder/Offeror, Non-Collusion Affidavit of Subcontractor Form, and LSB Forms RFQ Item #09-056 Air Service Consultant For the City of Augusta - Augusta Regional Airport RFQ Opening Date: Thursday, March 5, 2009 at 3:00 P.M. Non-Compliant Failed to Properly Execute the Contractor Affidavit & Agreement Form Attachment number 3 Page 1 of 1 Item # 2 Attachment number 4 Page 1 of 1 Item # 2 Attachment number 5 Page 1 of 1 Item # 2 Attachment number 6 Page 1 of 2 Item # 2 Attachment number 6 Page 2 of 2 Item # 2 Attachment number 7 Page 1 of 3 Item # 2 Attachment number 7 Page 2 of 3 Item # 2 Attachment number 7 Page 3 of 3 Item # 2 Public Service Committee Meeting 4/29/2009 12:30 PM Alcohol Application Department:License & Inspections Caption:New Application: A. N. 09 - 77: A request by Yong H. Lee for an on premise consumption Liquor license to be used in connection with Un Ha Su Restaurant & Karaoke located at 1855 Gordon Hwy. District 5. Super District 9. Background:The location already has a Beer & Wine license. Analysis:The applicant meets the requirements of the Augusta Richmond County Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $3025.00. Alternatives: Recommendation:License & Inspections recommends approval.The RCSD recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 3 Attachment number 1 Page 1 of 2 Item # 3 Attachment number 1 Page 2 of 2 Item # 3 Public Service Committee Meeting 4/29/2009 12:30 PM Alcohol Application Department:License & Inspections Caption:New Application: A. N. 09 - 78: A request by Yang Rong for an on premise consumption Liquor, Beer & Wine license to be used in connection with Kobe Steak House, Inc. located at 2801 Washington Rd. There will be Sunday Sales. District 7. Super District 10. Background:This is a new application. Analysis:The applicant meets the requirements of the Augusta Richmond County Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $5,445.00. Alternatives: Recommendation:License & Inspections recommends approval. The RCSD recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 4 Attachment number 1 Page 1 of 2 Item # 4 Attachment number 1 Page 2 of 2 Item # 4 Public Service Committee Meeting 4/29/2009 12:30 PM Defense Energy Support Center (DESC) Contract Department:Augusta Regional Airport Caption:Motion to approve the contract between Augusta Regional Airport and Defense Energy Support Center (DESC). This contract will begin April 1, 2009 and end March 31, 2013. Background:Augusta Regional Airport has been under contract with DESC for several years which allows us to supply fuel to military aircraft. All federal government owned and operated aircraft obtain discounted fuel when a DESC contract is in effect at the fueling location. This contract encourages military transit aircraft to stop at Augusta. The contract also establishes new In To plane fee and basis for weekly fuel cost increases. DESC fuel sales in 2008 were 248,584 gallons, 9% of jet sales. Both Avfuel contract and Defense Energy Support Center contract are linked to the same pricing standard, US Gulf Coast Platts Jet Kero 54 Average Analysis:Without this contract with DESC, military fuel sales will decrease significantly. Financial Impact:Military fuel sale net gross profit increases $0.1451 per gallon, 16.89%, effective April 1, 2009. Alternatives:Deny contract. Recommendation:Approve contract. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 5 Attachment number 1 Page 1 of 1 Item # 5 Public Service Committee Meeting 4/29/2009 12:30 PM Goodrich Street Closing Department:Clerk of Commission Caption:Presentation by Mr. Hudson regarding a discussion of the closing of Goodrich Street at sundown. (Requested by Commissioner Brigham) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 6 Public Service Committee Meeting 4/29/2009 12:30 PM Lease for Go Fish Georgia project Department:Recreation and Parks Caption:Motion to approve a lease of city property to Georgia Department of Natural Resources associated with the Go Fish Georgia Tournament Boat Ramp grant and project. Background:The state of Georgia approved Augusta as a Go Fish Georgia Tournament Boat Ramp site and awarded a $370,000 grant to construct the site at Robert Baurle Boat Ramp, just south of New Savannah Bluff Lock and Dam. The Augusta Commission accepted this grant on June 3rd, 2008 thru an intergovernmental agreement with Georgia. The lease of property was a requirement under this agreement. The lease of 5.30 acres at Baurle Boat Ramp to the state is required under the grant conditions for the state to expend it's grant funds for construction of the project. The term of the lease is for 25 years. Analysis:The project is under design and is expected to bid within 60 days. Financial Impact:Augusta has approved in kind match funding for the grant, including land value and grading. Alternatives:1. To deny, which would nullify our grant award for the project. 2. To approve Recommendation:#2 - to approve Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 7 When recorded, return to: GA DNR Real Estate Office 2 MLK, Jr. Drive, SE, Suite 1454 East Atlanta, Georgia 30334-9000 STATE OF GEORGIA COUNTY OF FULTON LEASE TO DEPARTMENT OF NATURAL RESOURCES FOR BOAT RAMP CONSTRUCTION THIS INDENTURE, entitled "Lease To Department of Natural Resources For Boat Ramp Construction", (hereinafter "Lease"), is made and entered into this ________ day of __________, 2009, by and between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia (hereinafter referred to as "LESSOR"), whose address is Room 801, 530 Greene Street, Augusta, Georgia 30911, Attention: Administrator, and the DEPARTMENT OF NATURAL RESOURCES (hereinafter referred to as "LESSEE" or “DEPARTMENT”), acting for the State of Georgia, whose address for the purpose of this Lease is Suite 1252, Floyd Towers East, 2 Martin Luther King, Jr. Drive, S. E., Atlanta, Georgia 30334-9000. W I T N E S S E T H: WHEREAS, there is a demonstrated interest and need for access to rivers, streams and impoundments within the State of Georgia for water related recreational purposes; and WHEREAS, in connection with providing access to the Savannah River via a boat launching ramp as well as providing an area for use by the general public, LESSEE desires to lease a portion of Attachment number 1 Page 1 of 8 Item # 7 LESSOR’S property to construct, operate and maintain the improvements described on Exhibit “C”; and WHEREAS, under O.C.G.A. §§ 12-3-5 (c) and (e), LESSEE is authorized to lease land for such purposes; and WHEREAS, this lease is subject to approval by the Board of the Department of Natural Resources, the State Properties Commission and Augusta, Georgia Board of Commissioners; and WHEREAS, LESSOR desires to cooperate with the DEPARTMENT in its efforts to provide recreational opportunities for the people of Georgia by granting to the DEPARTMENT a Lease on a parcel of LESSOR'S property for the above-stated purposes. NOW THEREFORE, in consideration of the sum of One Dollar ($1.00) and of the mutual benefits flowing between the parties hereto, whose receipt and sufficiency are hereby acknowledged, LESSOR and LESSEE covenant and agree as follows: 1. PREMISES LESSOR hereby grants, demises and leases to LESSOR the premises described on EXHIBIT "A" and shown on plat of survey marked EXHIBIT “B” (hereinafter referred to as the “premises”), which are attached hereto and incorporated herein by reference. 2. TERM The leasehold shall have a term commencing at 6:00 P.M. local prevailing time in Richmond County, Georgia, on the date first above written and expiring at 12:00 P.M. midnight, local prevailing time in Richmond County, Georgia, on the twenty-fifth (25th) anniversary date of the date first above written. 3. RENT LESSEE shall pay no rent or further consideration beyond the initial consideration, whose receipt and sufficiency are acknowledged by LESSOR. Attachment number 1 Page 2 of 8 Item # 7 4. COVENANT OF QUIET ENJOYMENT LESSOR promises and warrants that LESSEE may peaceably hold and enjoy the premises during the full term of the leasehold herein granted. The use of the premises by LESSEE shall not endanger health or create a nuisance, and LESSEE shall take all reasonable precautions to assure that construction, use, operation and maintenance of the premises and structure or facilities on the premises will be such that the scenic, recreational and environmental values of the project will be protected. LESSEE’s use of the waters adjoining the project shall be nonexclusive. 5. CARE OF THE PREMISES LESSEE accepts the premises in their present condition as suited for the use intended by LESSEE. LESSEE, only to the extent that it maintains similar facilities throughout the State of Georgia, shall maintain that portion of the premises identified on EXHIBIT “A” in good order and repair for the term of the leasehold herein granted. LESSOR shall not be required to make any repairs or improvements to premises, except as otherwise provided in the Intergovernmental Agreement entered into by and between the parties dated __________, 2008 and hereinafter referred to as the “IGA.” 6. IMPROVEMENTS LESSEE shall cause the improvements described in the IGA to be constructed on the premises. LESSEE, subject to LESSOR’S consent, or LESSOR, subject to the terms of the IGA, may further improve the premises with removable buildings, additional boat ramps and other structures and may construct roads and trails. Any improvements other than parking areas, boat ramps, roads and trails placed upon the premises by LESSEE shall be and remain personal property of LESSEE, and LESSEE may remove any of its improvements and other property from the premises anytime during the term of the leasehold and, if the leasehold shall be terminated prior to its natural expiration, for a reasonable time following such termination. LESSEE shall have reasonable access to the premises for the purpose of any such removal following early termination. Attachment number 1 Page 3 of 8 Item # 7 7. DEFAULT BY LESSEE Before LESSOR may assert any remedy for the alleged breach or default in any term of this Lease, LESSOR shall give LESSEE specific, written notice of the alleged default or breach. Upon such written notice of default, LESSEE shall have sixty (60) days within which to cure the alleged breach or default or to dispute LESSOR’s assertion of breach or default. 8. LESSOR'S AND LESSEE’S LIABILITY FOR LOSS Nothing in this lease is intended to diminish any protection afforded either the LESSOR or the LESSEE by the provision of the Georgia Recreational Properties Act (OCGA 51-3-20 through 51-3- 26). LESSEE’s liability in tort is further governed by the Georgia Tort Claims Act, OCGA Title 50, Chapter 21, Article 2, as now existing or hereafter amended or repealed. No subrogation against LESSEE shall be permitted by any insurance otherwise obtained by LESSOR. 9. TERMINATION BY LESSOR LESSOR may terminate this Lease upon the occurrence of the following: The LESSEE allowing use of the property to create a condition constituting a public nuisance or a hazard to the safety and health of the public. Should LESSOR believe that LESSEE has allowed the property to be used in such a way as to create a condition constituting a public nuisance or hazard to the safety and health of the public, LESSOR shall give notice to LESSEE of LESSOR’s determination, which notice shall contain the facts upon which LESSOR has relied in reaching its determination. LESSEE shall have sixty (60) days, or such reasonable additional time as the parties may agree upon, after the date of actual receipt of the notice in which to challenge LESSOR”S determination or to correct the condition of which it was apprised in LESSOR’s notice. 10. Attachment number 1 Page 4 of 8 Item # 7 ASSIGNMENT LESSEE may not assign any right, title or interest it has under this Lease without consent to LESSOR except to an officer or agency, department, instrumentality or public corporation of the State of Georgia for public purposes. 11. TIME OF ESSENCE Time is of the essence in this Lease. 12. TAXES LESSOR acknowledges that the execution of this Lease does not alter any tax exempt status upon LESSOR or LESSOR'S reversionary interest in the premises during the term of the leasehold. 13. NOTICES Any notice, statement, request, or authorization (hereinafter simply referred to as "notice") given, or required to be given, hereunder by either party to or from the other shall be in writing and shall be sent by United States Certified Mail, postage prepaid, marked "show to whom, date & address of delivery", to the party to be notified at such party's address as hereinabove set forth. The day upon which any such notice is so mailed shall be the date of service. Each party may from time to time, by notice to the other, designate a different address to which notices hereunder shall be sent. Any notice reasonably calculated to apprise the party so notified of the circumstances involved shall be deemed sufficient under this Lease. 14. CONTINUITY Each provision of this Agreement shall apply to, be binding upon, enforceable against and inure to the benefit or detriment of all the parties hereto and to their respective successors and assigns. Whenever a reference to a part hereto is made, such reference shall be deemed to include the successors and assigns of said party, the same as if in each case expressed. Attachment number 1 Page 5 of 8 Item # 7 15. NO WAIVER No failure of any party hereto to exercise any power given such party hereunder or to insist upon strict compliance by the other to their obligations hereunder, and no custom or practice of any of the parties hereto in variance with the provisions hereof, shall constitute a waiver of any party's right to demand exact compliance with provisions hereof. 16. CUMULATIVE, NOT RESTRICTIVE All rights, powers and privileges conferred in this Agreement upon all of the parties hereto shall be cumulative of, but not restrictive to, those given by law. 17. CAPTIONS The caption of each numbered provision hereof is for the purpose of identification and convenience only and shall be completely disregarded in construing this Agreement. 18. INTERPRETATION Should any provision of this Agreement require judicial interpretation, it is agreed that the Court interpreting or construing the same shall not apply a presumption that the provisions hereof shall be more strictly construed against one party by reason of the rule of construction that an instrument is to be construed more strictly against the party who herself, himself, or itself, or through her, his, or its agent, prepared the same, it being agreed that the agents and counsel of all parties hereto have participated in the preparation hereof. 19. Attachment number 1 Page 6 of 8 Item # 7 ENTIRE AGREEMENT This Agreement supersedes all prior discussions and agreements between the parties with respect to the matters provided for herein and constitutes the full, sole, complete and entire agreement among them with respect hereto. No agent, employee, officer or representative of or attorney for either party has authority to make, or has made, any statement, agreement, representation or contemporaneous agreement, oral or written, in connection herewith modifying, amending, adding to, or changing the provisions of this Lease. No modification, amendment or change of, to or in this Agreement shall be binding on either party unless such modification, amendment or change shall be in writing, executed by both parties and by reference incorporated in and made a part of this Lease. 20. LEASE EFFECTIVE This Agreement shall become effective as of the date first above written. IN WITNESS WHEREOF, all the parties hereto have caused this Agreement to be executed in their names as of the date hereof. Signed and sealed LESSOR: AUGUSTA, GEORGIA as to LESSOR in the presence of : __________________________ BY: _________________________________ Witness Name:________________________________ Title: Mayor Attest: _________________________________ Name_______________________ Title: Clerk of Commission __________________________ Notary Public, State of Georgia Date Notarized:______________ My Commission Expires: (NOTARY PUBLIC SEAL) Attachment number 1 Page 7 of 8 Item # 7 Signed and Sealed LESSEE: DEPARTMENT OF NATURAL as to LESSEE RESOURCES in the presence of: __________________________ By: _________________________________ Witness Noel Holcomb Commissioner ___________________________ Notary Public, State of Georgia My Commission Expires: (NOTARY PUBLIC SEAL) Attachment number 1 Page 8 of 8 Item # 7 Public Service Committee Meeting 4/29/2009 12:30 PM Photography contract Department:Recreation and Parks Caption:Motion to award RFQ bid item # 09-086A, Photography Services, to Future Stars Photography. Background:Recreation and Parks has provided team and individual photography services for all youth sports programs for over 30 years. The photography services are paid by the participant directly to the photography company. The photography company pays Augusta a lump sum fee to have rights for this service. Analysis:Four vendors submitted compliant proposals and were interviewed by a city panel. Future Stars was recommended as the best qualified vendor, and will pay a lump sum annual fee of $2,500.00 to Augusta. The contract period will be two years, with a one year option to renew. Financial Impact:$2,500.00 in annual revenue. Alternatives:1. To approve 2. To deny, leaving the department without photography services for youth sports. Recommendation:#1 - to approve. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 8 Attachment number 1 Page 1 of 1 Item # 8 PHOTOGRAPHY SERVICES AGREEMENT This agreement is made and entered into this __________ day of _____________, 2009 by and between _______________________________________________________ and the Augusta Recreation & Parks Department. The Augusta Recreation & Parks Department has identified a need to contract the Photography Services at organized events to an outside vendor at the following locations; Fleming Athletic Complex, Eisenhower Park, May Park, and Diamond Lakes Regional Park to include the Youth Athletic Complex and the Adult Athletic Complex. Other locations may be added as authorized by the Augusta Recreation & Parks Department. The contract will be entered into for a period of two (2) years with an option for one (1) additional year. The contract will be in effect from April 1st, 2009 until March 31st, 2011. The agreeing party has acknowledged and understands the following conditions of the Photography Services Agreement. PRODUCTS All items for resale are the responsibility of the vendor. The Augusta Recreation & Parks Department assumes no liability associated with the sale of photography products produced. After the initial product list has been established, any changes in product or pricing must be submitted to the Augusta Recreation & Parks Department for approval. EMPLOYEES The Augusta Recreation & Parks Department requires that all photography services employees be professional, polite, courteous, and dressed appropriately at all times. The Augusta Recreation & Parks Department requires a minimum of two (2) employees at each location at all times. Attachment number 2 Page 1 of 3 Item # 8 REQUIREMENTS The following services are required to be delivered by the photography services provider: • All photography products offered to consumers must be produced in color. • Photographer must provide order forms to the recreation department for distribution to participants for each sport in advance of each scheduled picture day. • Photographer must provide one (1) photo plaque (8”x 8” plaque with 5”x 7” photo) for each sponsored team. The name plate must include the Augusta Recreation & Parks Department, the sponsor name, and the current year. Sponsor plaques must be delivered to the recreation department for distribution. • Photographer must provide a team photo certificate of appreciation for each head coach participating in the youth athletic programs. Team Picture Certificates must be delivered to recreation department for distribution. • All photographs must be paid for by the buyer on the scheduled picture day. Purchased photographs must be individually packaged and delivered to the buyer no later than fourteen (14) days after schedule picture day. Photographer must submit price of packages offered to participants and must include sales tax and cost of mailing if applicable. • Photographer must handle all customer service and complaint issues and schedule any retakes in a timely manner if product is substandard. • Photographer must provide sufficient personnel at each picture day location to handle questions, payments, and photography services. • Photographer must have Business License, State of Georgia Sales Tax Number, and Federal Tax Number. LEASE PAYMENTS The contracted photographer will be responsible for a fee total of Two-Thousand, Five Hundred Dollars ($2,500) each year of the Photography Services Agreement. All fees are to be made payable to the Augusta Recreation & Parks Department. The first payment of One- Thousand, Two-Hundred and Fifty Dollars ($1,250) will be due within thirty (30) days of the acceptance date of the contract. The remaining amount of One-Thousand, Two-Hundred and Fifty Dollars ($1,250) will be due prior to September 1st of the contract year. LEASE TERMS The term of the agreement for photography services will be entered into for a period of two (2) years with an option for one (1) additional year. The final decision determining the continuation or cancellation shall be that of the Director of the Recreation & Parks Department based upon evaluation of the photography services provided. Attachment number 2 Page 2 of 3 Item # 8 EVALUATION The Augusta Recreation & Parks Department will conduct evaluations at the mid-point of each season and at the conclusion of each season. Either party reserves the right to terminate the contract if needed with a minimum of a sixty (60) day notice. POINT OF CONTACT Chris Scheuer, Athletic Manager Bobby Martin, Athletic Supervisor Augusta Recreation & Parks Dept. Augusta Recreation & Parks Dept. (706) 796-5025 / (706) 564-7123 (706) 796-5025 Paula Daigle, Owner Future Stars Photography (404) 788-9799 / (404) 949-9030 ________________________________________ ____________________ Future Stars Photography Date ________________________________________ Business License # ________________________________________ ____________________ Augusta Recreation & Parks Department Date Attachment number 2 Page 3 of 3 Item # 8 Vendors: Original 5 Copies Future Stars Photography 3275 Lenox Road, Suite 309 Atlanta, GA 30324 Yes Yes ITAL Images Photography 4079 Iron Horse Drive Augusta, GA 30907 Yes Yes Robert Nelson Photography P. O. Box 2833 Augusta, GA 30914 Dream Day Photography 4330 Creekview Drive Hephzibah, GA 30815 Christian Studios 418 8th Street Augusta, GA 30901 Tullis Photography 1607 Wildwood Drive Augusta, GA 30909 David Young 2008 Colony Park Road Augusta, GA 30909 Jazzy Shots Photo 1139 Druid Park Augusta, GA 30904 Charles Jones Photographer 2846 Thomas Lane Augusta, GA 30906 Memories Images & Photos 2209 Walden Drive Augusta, GA 30904 Legends Photography 10220 E. Sprague Ave Spokane, WA 99206 Vision Photography 3736 Pinnacle Place Drive Hephzibah, GA 30815 Willie J. Rice Photography 339 Lowcountry Drive Ridgeland, SC 29936 Yes Yes Impressive Images 1726 Wrightsboro Road Suite 200 Augusta, GA 30904 Yes Yes RFQ Item #09-086A Photography Services For the City of Augusta - Augusta Recreation & Parks Department RFQ Opening Date: Wednesday, March 11, 2009 at 3:00 P.M. Attachment number 3 Page 1 of 1 Item # 8 Attachment number 4 Page 1 of 3 Item # 8 Attachment number 4 Page 2 of 3 Item # 8 Attachment number 4 Page 3 of 3 Item # 8 Attachment number 5 Page 1 of 2 Item # 8 Attachment number 5 Page 2 of 2 Item # 8 Recreation and Parks Tom F. Beck Chris Scheuer Director Athletic Manager Athletic Division 2027 Lumpkin Road, Augusta, Georgia (706) 796-5025 - Fax (706) 796-4099 WWW.AUGUSTAGA.GOV February 19, 2009 Geri A. Sams, Director Procurement Department City of Augusta 530 Greene Street * Suite 605 Augusta, GA 30901 Dear Ms. Sams, The Augusta Recreation & Parks Department would like to request the rebid of RFQ Item # 09-086 (Photography Services) due to the fact that there was only one (1) bidder that was in compliance. It would be extremely difficult for our department to make a confident decision concerning our photography services based on only one bid. We apologize for the inconvenience, but think it would be in our best interest to rebid the package. Thank you in advance for your cooperation. Sincerely, Chris M. Scheuer Athletic Manager Augusta Recreation & Parks Department (706) 796-5025 cc: Tom F. Beck, Recreation Department Director Phyllis Mills, Procurement Department Darrell White, Procurement Department Attachment number 6 Page 1 of 1 Item # 8 Attachment number 7 Page 1 of 1 Item # 8