HomeMy WebLinkAbout2014-09-08-Meeting Agenda
Public Service Committee Meeting Commission Chamber- 9/8/2014- 12:45 PM
PUBLIC SERVICES
1. Select and enter into contract with Hall Marketing for Augusta
Regional Airport's Advertising Agency of record as approved by
the Augusta Aviation Commission at their August 28, 2014
Meeting.
Attachments
2. New Application: A.N. 14 - 34: A request by Kerry Kenny for a
retail package Beer & Wine License to be used in connection
with 706 Home located at 3644 Walton Way Ext. District 3.
Super District 10.
Attachments
3. Motion to approve the proposal submitted by Modern Business
Systems, Inc. for providing and installing Mobile Filing and
Storage Systems for the Tax Assessors Office and the Finance
Department and two new Lektrivers for the Finance Department.
Attachments
4. Approve the selection of and contract with Diio, LLC for
providing Aviation Statistical Data to the Augusta Regional
Airport as approved by the Augusta Aviation Commission at
their August 28, 2014 Meeting.
Attachments
5. Motion to award the contract for Bid Item 14-183, Fleming
Tennis Center Improvements to the low, responsive bidder,
Larry Pittman & Associates of Augusta, Georgia. Their lump
sum base bid was $498,752.58 and the recommended add
alternate for $61,525.00 for a total contract price of $560,277.58
Attachments
6. Motion to approve the minutes of the Public Services Committee
held on August 25, 2014.
Attachments
7. Motion to approve an Ordinance amending Augusta, Georgia
Code , Title 2, Chapter 2, Article 4, Excise Tax for
Hotels/Motels, Sections 2-2-27 through Section 2-2-35; Article
5, Local Business License Tax on Depository Financial
Attachments
www.augustaga.gov
Institutions, Section 2-2-36 through Section 2-2-49; and Article
6, Tax Imposed (Rental Motor Vehicle), Sections 2-2-50 through
2-2-56 as recommended by the Planning and Development
Department. (Approved by Public Services Committee
August 25, 2014)(Referred from September 2 Commission
meeting)
8. Approve the Reeves Construction Change Modification #1 for
the Credit Card Lot Repairs as approved by the Augusta
Aviation Commission at their August 28, 2014 Meeting.
Attachments
Public Service Committee Meeting
9/8/2014 12:45 PM
Airport Marketing Agency Selection
Department:Augusta R egional Airport
Caption:Select and enter into contract with Hall Marketing for Augusta
Regional Airport's Advertising Agency of record as approved by
the Augusta Aviation Commission at their August 28, 2014
Meeting.
Background:Hall Marketing, Inc. responded to the Augusta Regional Airport
RFP for advertising agency services in 2009. The contract was
awarded to Hall Marketing, Inc. and the contract was executed in
July 2009. The contract has run its full term and was put out for
bid in April 2014. The Airport received three compliant proposals
in response to the bid. The companies responding included Hall
Marketing, Inc., Sixel Consulting Group, Inc., and Patterson-
Brown & Associates.
Analysis:The three proposals were reviewed by the evaluation Committee
on Thursday, June 19, 2014. Upon careful review and discussion,
the Committee unanimously selected Hall Marketing, Inc. as the
best fit to provide marketing services for the Augusta Regional
Airpor t. The evaluation sheet with scores is attached.
Financial Impact:
Alternatives:Deny request.
Recommendation:Recommend the approval of the selection and Contract with Hall
Marketing, Inc. for the Augusta Regional Airport's Advertising
Agency of record.
Funds are Available
in the Following
Accounts:
551 08 1111 5212999
REVIEWED AND APPROVED BY:
Cover Memo
Item # 1
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 1
CONTRACT FOR
AIRPORT ADVERTISING AGENCY
BETWEEN
AUGUSTA, GEORGIA
AND
HALL MARKETING, INC.
FOR THE AUGUSTA REGIONAL AIRPORT
Attachment number 1 \nPage 1 of 31
Item # 1
Contract for Airport Advertising Page 2 of 31
This Contract made and entered into this ___________ day of _________ 2014, by and between
Augusta, Georgia, (hereinafter referred to as the City) a political subdivision of the State of
Georgia, acting through the Augusta Aviation Commission whose address is 1501 Aviation Way,
Augusta, Georgia 30906-9600, and Hall Marketing, Inc., (hereinafter referred to as the
Consultant) a Georgia corporation whose address is 519 Blackburn Drive Martinez, GA, 30907.
WHEREAS, the Augusta Regional Airport Aviation Commission (Aviation
Commission), which operates the Augusta Regional Airport at Bush Field (Airport), desired to
retain the services of a full service advertising agency to provide counsel, perform market
research, to develop a comprehensive integrated marketing strategy and to produce a multi-
faceted advertising campaign to support the mission of the Airport and the Aviation
Commission; and
WHEREAS, the mission of the Airport is to serve as the commercial service airport for
Augusta and the Central Savannah River Area (CSRA) providing a customer friendly
transportation experience; and
WHEREAS, The Airport also facilitates and supports the growth of related industry to
strengthen the economic base located at the Airport; and
WHEREAS, received proposals from several qualified firms in response to its Request
for Proposal (RFP); and
WHEREAS, after reviewing the proposals the Airport determined it would be in its
best interest to enter into a Contract with Consultant to provide these services; and
WHEREAS, the Consultant has represented to the Airport that it has knowledge and
experience in the CSRA travel and tourism market; and
WHEREAS, on _______________, 2014, the Augusta Richmond County Board of
Commissioners approved the solicitation of these services for the Airport.
Attachment number 1 \nPage 2 of 31
Item # 1
Contract for Airport Advertising Page 3 of 31
STATEMENT OF CONSIDERATION
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
contained in this Contract and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, Consultant and the City, intending to be legally bound, do
hereby covenant and agree as follows:
ARTICLE I
SCOPE OF SERVICES TO BE PROVIDED
1.1 Consultant is authorized to purchase advertising space, time, services and materials.
Consultant understands its authorization shall be subject to the budgets, plans, policies and
terms as approved by the Airport.
1.2 Consultant may, after receiving written authorization from Airport, execute standard
contracts and order forms that are used in the advertising industry to purchase advertising.
1.3 Consultant may provide marketing for special events, community outreach projects and
other marketing tasks as assigned by the Airport.
1.4 Consultant may provide the Airport with facilitation and assistance with Strategic Plan
creation and implementation.
1.5 Consultant will provide Integrated Marketing Program development and implementation.
The Program might include, but not be limited to the development of, detailed annual media
plan, public relations campaign, multi-media advertising (design, produce, and buy), website
design and marketing, and direct marketing.
1.6 Consultant shall facilitate the development and implementation of a comprehensive and
cohesive marketing and outreach strategy to help build the brand and identity of the Airport in
order to foster economic development through the marketing of Airport properties to
prospective industries and businesses.
Attachment number 1 \nPage 3 of 31
Item # 1
Contract for Airport Advertising Page 4 of 31
1.7 Consultant shall provide consultation and creative support in order to reinforce the Airport’s
brand positioning, and respond quickly to opportunities that present themselves such as
improvements in fares, services or economic development opportunities.
1.8 Consultant shall research opportunities and outreach strategies to develop strategic alliance
partnerships in order to expand the Airport’s alliance partner base both for air service
development and economic development purposes.
1.9 Consultant warrants it has a strong understanding of design, branding, economic and
commercial development, the Airport and the challenges and opportunities that face the Airport.
1.10 Consultant warrants is has the ability to develop a complete marketing, branding and
communication strategy that draws upon the strengths of the Airport and its available property.
ARTICLE II
GENERAL CONDITIONS
2.1 Contract Term. The initial term of this Contract will commence upon the date of
execution and will continue in effect for a period of three (3) years. This Contract may be
renewed for two (2) additional one (1) year options upon mutual consent of both parties with
all terms and conditions remaining the same.
2.2 Termination. The City may terminate this Contract any time for breach of contractual
obligations by providing written notice of such cancellation. Should the City exercise its
right to cancel the Contract for such reasons, the cancellation shall become effective on the
date as specified in the notice of cancellation. Furthermore, the City may terminate this
Contract at any time upon the giving of written notice as follows:
a) In the event that the Consultant fails to discharge any obligations or remedy
any default or breach under this Contract for a period continuing more than
thirty (30) days after the providing written notice specifying such failure or
Attachment number 1 \nPage 4 of 31
Item # 1
Contract for Airport Advertising Page 5 of 31
default and that such failure or default continues to exist as of the date upon
which such notice so terminating this Contract is given; or
b) In the event that the Consultant makes an assignment for the benefit of
creditors, or commences or has commenced against it any proceeding in
bankruptcy, insolvency, or reorganization pursuant to bankruptcy laws or laws of
debtor's moratorium; or
c) In the event that appropriate and otherwise unobligated funds are no
longer available to satisfy the obligations of Airport.
2.3 Work Authorization. Each assignment performed under Article I will be initiated upon
the specific written or verbal request and authorization of the Airport.
ARTICLE III
AIRPORT RESPONSIBILITIES
3.1 Basic Data Provided By the Airport. The Airport will assist the Consultant in obtaining such
data and information as are needed and available.
3.2. Airport Representative. To expedite the undertaking of services performed under this
Contract and to permit the coordination of materials, commitments, and correspondence, the
Airport will designate a specific staff member as its representative to whom all correspondence,
materials, and requests for conferences and information will be directed. The Airport designates
Diane Johnston, Director of Marketing, (706) 796-4002, as its representative to whom all
correspondence should be directed.
ARTICLE IV
CONSIDERATION/FEES
Airport shall pay to Consultant the fees and expenses as set forth on Exhibit A attached hereto
(the "Rate Schedules"). The rates as set forth in Exhibit A shall be in effect for the duration of
Attachment number 1 \nPage 5 of 31
Item # 1
Contract for Airport Advertising Page 6 of 31
this Contract. The fees to be paid to Consultant for services under this Contract will be
determined either on the actual time and materials expended on the work or on a per project
basis, depending on the nature of the assignment requested and will be subject to the Airport’s
acceptance and approval for each assignment.
ARTICLE V
REPRESENTATIONS AND WARRANTIES OF CONSULTANT
Consultant hereby represents and warrants to the Airport as follows:
5.1 The Consultant warrants that it has knowledge and experience in the CSRA travel and
tourism market; knowledge and experience in marketing airports or other travel/tourism
products; experience in integrated marketing program development and implementation;
working knowledge and success with consumer branding and effective advertising; a proven
record in facilitation and designing strategic plans and comprehensive resources in the area of
experience, expertise, creative talent and manpower, as well as the necessary systems to provide
the required services and programs.
5.2 Due Authorization and Binding Obligation. This Contract has been duly authorized,
executed and delivered by Consultant and constitutes a legal, valid and binding obligation of
Consultant, enforceable against Consultant in accordance with its terms, except to the extent its
enforceability may be limited by (i) applicable bankruptcy, reorganization, moratorium or
similar laws affecting enforcement of creditors' rights or remedies generally, (ii) general
equitable principles concerning remedies, and (iii) limitations on the enforceability of rights to
indemnification by federal or State laws or regulations or public policy.
5.3 No Conflict. To its knowledge, neither the execution nor delivery of this Contract by
Consultant, nor the performance by Consultant of its obligations hereunder (i) conflicts with,
violates or results in a material breach of any law or governmental regulation applicable to
Attachment number 1 \nPage 6 of 31
Item # 1
Contract for Airport Advertising Page 7 of 31
Consultant, (ii) conflicts with, violates or results in a material breach of any term or condition of
any order, judgment or decree, or any contract, agreement or instrument, to which Consultant is a
party or by which Consultant or any of its properties or assets are bound, or constitutes a material
default under any of the foregoing, or (iii) constitutes a default under or results in the creation of,
any lien, charge, encumbrance or security interest upon any assets of Consultant under any
agreement or instrument to which Consultant is a party or by which Consultant or its assets may
be bound or affected.
5.4 No Approvals Required. No approval, authorization, order or consent of, or declaration,
registration or filing with, any Governmental Authority is required for the valid execution and
delivery of this Contract by Consultant or the performance of its obligations hereunder,
except such as have been duly obtained or made.
5.5 Financial Condition. There has been no material adverse change in the financial condition
of Consultant that would impair the ability of Consultant to perform its obligations under this
Contract.
5.6 No Collusion. Consultant's Proposal is genuine and not collusive or a sham. Consultant has
not colluded, conspired, connived or agreed, directly or indirectly, with any other person, to put
in a sham proposal, or to refrain from proposing, and has not in any manner, directly or
indirectly, sought, by agreement, collusion, communication or conference with any person, to fix
the prices of Consultant's proposal or the proposals of any other person or to secure any
advantage against any person interested in this Contract.
5.7 Information Supplied By Consultant. The information supplied and representations and
warranties made by Consultant and in all submittals made in response to the RFP, including
Consultant's Proposal, and in all post-proposal submittals with respect to Consultant (and, to
its knowledge, all information supplied in such submittals with respect to any subsidiary or
Attachment number 1 \nPage 7 of 31
Item # 1
Contract for Airport Advertising Page 8 of 31
subcontractor) are true, correct and complete in all material respects. Consultant's Proposal
does not contain any untrue statement of a material fact or omit to state a material fact
required to be stated therein, or necessary in order to make the statements therein not
misleading.
5.8 Ethics: Gratuities and Kickbacks. Neither Consultant, any subsidiary, or any agent
or other representative of Consultant has given or agreed to give, any employee or former
employee of the Airport or any other person, a gratuity or an offer of employment in
connection with any decision, approval, disapproval, recommendation, preparation or any
part of a procurement requirement or a purchase request, influencing the content of any
specification or procurement standard, rendering of advice, investigation, auditing, or in any
other advisory capacity in any proceeding or application, request for ruling, determination,
claim or controversy, or other particular matter pertaining to any procurement requirement or
a Contract or subcontract, or to any solicitation or proposal for a Contract or subcontract.
Notwithstanding any other provision hereof, for the breach or violation of this representation
and warranty and upon a finding after notice and hearing, the City may terminate this
Contract.
5.9 Contingent Fees. Consultant has not employed or retained any company or person, other
than a bona fide employee working for it to solicit or secure this Contract; and Consultant has
not paid or agreed to pay any company, association, corporation, firm or person, other than a
bona fide employee working for the Consultant, any fee, commission, percentage, gift or any
other consideration contingent upon or resulting from the award or making of this Contract.
For the breach or violation of these representations and warranties and upon a finding after
notice and hearing, the City may terminate this Contract and, at its discretion, may deduct
Attachment number 1 \nPage 8 of 31
Item # 1
Contract for Airport Advertising Page 9 of 31
from fees or otherwise recover, the full amount of any such fee, commission, percentage, gift
or consideration.
5.10 Existence and Powers. Consultant is a corporation duly organized and validly existing
under the laws of Georgia and is duly qualified to do business in the State of Georgia, with full
power, authority and legal right to enter into and perform its obligations under this Contract.
ARTICLE VI
TERMINATION
6.1 The City may terminate this Contract upon thirty (30) days written notice to the
Consultant for any reason whatsoever at its sole discretion. The Aviation Commission shall
upon invoice, pay for all service rendered to the date of termination as provided for herein.
6.2 The City shall have the right to terminate this Contract for a violation of the terms
hereof, at any time after thirty (30) days notice, other such other time period as set forth in such
notice, has been given to the Consultant and unless corrective action has been taken or
commenced within said thirty (30) day period and thereafter diligently completed.
6.3 The City shall have the right to terminate this Contract immediately upon or after any of
the following:
6.3.1 Assignment for Creditors: The Consultant makes a general assignment for the
benefit of creditors.
6.3.2 Bankruptcy: The Consultant files a petition for relief as a debtor under any Article
or chapter of the Federal Bankruptcy Code, as amended from time to time.
6.3.3 Receivership: A receiver, trustee, or custodian is appointed for all or substantially
all of the assets of the Consultant in any proceeding brought by or against the Consultant,
or the Consultant consents to or acquiesces in such appointment.
Attachment number 1 \nPage 9 of 31
Item # 1
Contract for Airport Advertising Page 10 of 31
ARTICLE VII
MISCELLANEOUS PROVISIONS
7.1. Consultant will promptly observe and comply with applicable provisions of all
published federal, state, and local laws, rules and regulations which govern or apply to the
services rendered by Consultant herein, or to the wages paid by Consultant to its
employees.
7.2. Consultant will procure and keep in force during the term of this Contract all necessary
licenses, registrations, certificates, permits, and other authorizations as are required herein.
7.3. All reports, documents, data bases, commercials, and other deliverable products produced
by Consultant for sole purposes of the Airport under the terms of this Contract will at all times be
the exclusive property of the Airport.
7.4 Governing Law. This Contract and any questions concerning its validity, construction or
performance shall be governed by the laws of the State of Georgia, irrespective of the place of
execution or the place or places of performance.
7.5 Counterparts. This Contract may be executed in more than one counterpart, each of which
shall be deemed to be an original and all of which taken together shall constitute one and the
same instrument.
7.6 Severability. In the event that any part, provision or term of this Contract shall, for any
reason, be determined to be invalid, illegal, or unenforceable in any respect, the Parties shall
negotiate in good faith and agree to such amendments, modifications, or supplements of or to
this Contract or such other appropriate actions as shall, to the maximum extent practicable in
light of such determination, implement and give effect to the intentions of the Parties as reflected
herein, and the other provisions of this Contract shall, as so amended, modified, supplemented,
or otherwise affected by such action, remain in full force and effect.
Attachment number 1 \nPage 10 of 31
Item # 1
Contract for Airport Advertising Page 11 of 31
7.7 No Third Party Beneficiary. This Contract is intended to be solely for the benefit of
Consultant and the City and their respective successors and permitted assigns and is not
intended to and shall not confer any rights or benefits on any Person not a signatory hereto.
7.8 Airport Approvals and Consents. When this Contract requires any approval or consent by
the Airport to a Consultant submission, request or report, the approval or consent shall be given
by the Airport’s Authorized Representative in writing and such writing shall be conclusive
evidence of such approval or consent, subject only to compliance by the Airport with the
applicable law that generally governs its affairs. Unless expressly stated otherwise in this
Contract, and except for requests, reports and submittals made by the Consultant that do not,
by their terms or the terms of this Contract, require a response or action, if the Airport does
not find a request, report or submittal acceptable, it shall provide written response to
Consultant describing its objections and the reasons therefore within thirty (30) days of the
Airport’s receipt thereof. If no response is received, the request, report or submittal shall be
deemed rejected.
7.9 Notices and Authorized Representatives. All notices, consents, approvals or
communications required or permitted hereunder shall be and may be relied upon when in
writing and shall be (i) transmitted by registered or certified mail, postage prepaid, return
receipt requested, with notice deemed to be given upon receipt, or (ii) delivered by hand or
nationally recognized courier service, or (iii) sent by facsimile transmission with confirmed
receipt thereof, with a hard copy thereof transmitted pursuant to (i) or (ii) above. All such
notices, consents, approvals or communications shall be addressed as follows:
For Airport/City: Augusta Regional Airport
1501 Aviation Way
Augusta, Georgia 30909
Attn: Diane Johnston, Director of Marketing
Attachment number 1 \nPage 11 of 31
Item # 1
Contract for Airport Advertising Page 12 of 31
With a Copy to:
General Counsel
501 Greene Street
Augusta, GA 30901
For Consultant:
Hall Marketing, Inc.
519 Blackburn Drive
Martinez, Georgia
30907
Attn:
7.10 Nondiscrimination. During the performance of services under this Contract, Consultant
agrees that it will not discriminate against any employee or applicant for employment because of
race, color, religion, sex, age, or national origin. Consultant will take affirmative action to ensure
that applicants are employed, and employees are treated during employment, without regard to
their race, color, religion, sex, age, or national origin. Such action will include but not be limited
to the following: employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation, and selection for
training, including apprenticeship.
7.11 Indemnification. Consultant hereby agrees to hold harmless, indemnify and defend the
City, the Airport, its members, elected officials, officers and employees, against any claim,
action, loss, damage, injury (whether mental or physical, and including death to persons, or
damage to property), liability, cost and expense of whatsoever kind or nature including, but not
by way of limitation, attorneys' fees and court costs, caused by negligent acts or acts of
commission or omission by Consultant its officers, employees, sub-consultants, or other
representatives.
7.12 Federal Requirements. Funding for this Contract may include federal funds provided
by the U.S. Department of Transportation (DOT) and/or other federal agencies. All DOT
Attachment number 1 \nPage 12 of 31
Item # 1
Contract for Airport Advertising Page 13 of 31
funded projects are subject to the requirements of 49 CFR Part 26; additionally some
federally funded projects may be subject to 49 CFR Part 23. These requirements are
mandatory and non-negotiable. Augusta enforces Disadvantage Business Enterprise (DBE)
requirements and/or DBE goals set by Federal and/or State Agencies in accordance with
State and Federal laws. Consultant acknowledges that the U.S. District Court for the
Southern District of Georgia has entered an Order enjoining the Race-Based portion of
Augusta, Georgia’s DBE Program. Thus, Augusta, Georgia does not have or operate a DBE,
MBE or WBE Program for projects (or portions of projects) having Augusta, Georgia as the
source of funding.
7.13 Compliance with laws: The Consultant shall obtain and maintain all licenses, permits,
liability insurance, workman's compensation insurance and comply with any and all other
standards or regulations required by federal, state or City statute, ordinances and rules during
the performance of any contract between the Consultant and the City. Consultant shall also
provide, pay for, and maintain with companies, reasonably satisfactory to the City, the types
of insurance as set forth in the Augusta-Richmond County Code, and Georgia law as the
same may be amended from time to time.
7.14 Independent Contractor. The Consultant shall act at all times as an independent
contractor, not as an agent of the City or Airport; and shall retain control over its employees,
agents, servants and subcontractors.
7.15 Assignment and Subcontracting. The Consultant shall not sell, convey, transfer,
mortgage, subcontract, sublease or assign this Contract or any part thereof, or any rights
created thereby, without the prior written consent of the City. Any assignment or transfer of
this Contract or any rights of the Consultant hereunder, without the prior written consent of the
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City shall be invalid, and shall convey to the City the right to terminate this Contract at its sole
discretion.
7.16 Choice of law and venue. This Contract shall be performable and enforceable in the
Superior Court of Richmond County, Georgia, and shall be construed in accordance with the
laws of the State of Georgia. Consultant by execution of this Contract specifically consents to
jurisdiction and venue in the Superior Court of Richmond County and waives any right to
contest same.
7.17 Invalid Provisions: If any covenant, condition or provision contained in this Contract is
held to be invalid by any Court of competent jurisdiction, the invalidity of any such covenant,
condition or provision shall in no way affect any other covenants, conditions or provisions
contained in this Contract; provided, that the validity of such covenant, condition or provision
does not materially prejudice either the Airport or Consultant in its respective rights and
obligations contained in the valid covenants, conditions or provisions of this Contract.
7.18 Waivers. Failure by the City to insist upon the strict performance by the Consultant of
any of the terms herein contained shall not constitute a waiver of the City’s right to thereafter
enforce any such term, but the same shall continue in full force and effect. The exercise of any
right to terminate arising under this Contract shall not operate to deprive the City of any co-
existing right to seek damages or other remedies arising from the default of the Consultant.
7.19 Entire Agreement. This Contract constitutes the entire agreement between the parties and
will supersede and replace all prior agreements or understandings, written or oral, in relation to
the matters set forth herein. Notwithstanding the foregoing, however, Consultant hereby affirms
the completeness and accuracy of all of the information provided by it in its proposal to the City
in pursuit of this Contract.
Attachment number 1 \nPage 14 of 31
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EXHIBIT A
COST PROPOSAL
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EXHIBIT B
REQUIRED SUBMITTALS
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EXHIBIT C
STAFFING AND EXPERIENCE
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Request for Proposal
Request for Proposals will be received at this office until Friday, May 30, 2014 @ 11:00 a.m. for furnishing:
RFP Item #14-162 Airport Marketing Agency for Augusta Regional Airport
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
530 Greene 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, 530
Greene Street – Room 605, Augusta, GA 30901.
A Mandatory Pre-Proposal Conference will be held on Friday, May 16, 2014 @ 10:00 a.m. in the
Procurement Department, 530 Greene Street, Augusta, GA 30901.
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, May 20,
2014 @ 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 time has been called on the date of opening.
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 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 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.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle April 24, May 1, 8, 15, 2014
Metro Courier April 30, 2014
Revised: 8/15/2011
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Item # 1
NOFFICIAL UNOFFICIAL
VENDORS Attachment
B
Addendums
1-2
E-Verify
#
SAVE
Form Original 7
Copies
ADVERTISING SOLUTIONS
P.O. BOX 204851
MARTINEZ, GA 30917
HALL MARKETING, INC
519 BLACKBURN DR.
MARTINEZ, GA 30907
YES YES 316069 YES YES YES
MASS MEDIA MARKETING
229 FURYS FERRY RD, STE
123
AUGUSTA, GA 30907
YES NON-
COMPLIANT 785162 YES YES YES
PATTERSON BROWN AND
ASSOCIATES
1378 LANEY WALKER BLVD.,
SUITE 104
AUGUSTA, GA 30901
YES YES 715812 YES YES YES
SIXEL CONSULTING GROUP
109 SCHNACKEL DR.
ROCHESTER, NY 14622 YES YES 412961 YES YES YES
BIDDER DID NOT RESPOND
RFP Opening
RFP Item #14-162
Airport Marketing Agency
for Augusta, Georgia - Augusta Regional Airport
RFP Due: Friday, June 6, 2014 @ 11:00 a.m.
Page 1 of 2
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Item # 1
NOFFICIAL UNOFFICIAL
Fee
Proposal
YES
YES
YES
YES
for Augusta, Georgia - Augusta Regional Airport
RFP Due: Friday, June 6, 2014 @ 11:00 a.m.
Page 2 of 2
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Item # 1
HALL MARKETING, INC
519 BLACKBURN DR.
MARTINEZ, GA 30907
PATTERSON BROWN AND
ASSOCIATES
1378 LANEY WALKER BLVD.,
SUITE 104
AUGUSTA, GA 30901
SIXEL CONSULTING GROUP
109 SCHNACKEL DR.
ROCHESTER, NY 14622
Evaluation Criteria Points
1) Minimum of five (5) years of
experience in buying media,
developing strategic advertising
plans, designing creative concepts
and materials to implement those
plans, and producing or
coordinating the production of the
advertising.
20 20.0 7.7 12.3
2) Minimum of five (5) years of
experience in developing and
marketing commercial properties;
experience in the CSRA is
preferred.
20 17.7 7.3 18.7
3) Strong understanding of design,
branding, economic and
commercial development, and the
challenges and opportunities that
face the Augusta Regional Airport.
Ability to develop a complete
marketing, branding and
communication strategy that draws
upon the strengths of the Airport
and its available property
20 18.3 7.3 14.3
4) Minimum of five (5) years of
experience in the marketing of the
travel and tourism industry.
15 15.0 1.7 11.0
5) Proven record in facilitating and
designing strategic plans.15 13.3 5.0 13.3
6) Comprehensive resources in
the areas of experience, expertise,
creative talent and manpower.
10 10.0 5.0 10.0
Total Points 100 94.3 34.0 79.7
Cumulative Evaluation Sheet - RFP Item #14-162
Airport Marketing Agency
For Augusta, Georgia – Augusta Regional Airport
Vendors
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Item # 1
Public Service Committee Meeting
9/8/2014 12:45 PM
Alcohol Application
Department:Planning & Development
Caption:New Application: A.N. 14 - 34: A request by Kerry Kenny for a
retail package Beer & Wine License to be used in connection with
706 Home located at 3644 Walton Way Ext. District 3. Super
District 10.
Background:This is a New Application.
Analysis:The applicant meets all of the requirements of The City of
Augusta Alcohol Ordinance.
Financial Impact:The Applicant will pay a pro-rated fee of $665.00.
Alternatives:
Recommendation:Planning & Development recommends Approval. The R. C. S. O.
recommends Approval.
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 2
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Item # 2
Public Service Committee Meeting
9/8/2014 12:45 PM
Approve proposal submitted by Modern Business Systems, Inc. for providing and installing Mobile Filing
and Storage Systems for the Tax Assessors Office and the Finance Department and two new Lektrivers
for the Finance Department.
Department:Recreation, Parks and Facilities
Caption:Motion to approve the proposal submitted by Modern Business
Systems, Inc. for providing and installing Mobile Filing and
Storage Systems for the Tax Assessors Office and the Finance
Department and two new Lektrivers for the Finance Department.
Background:We have received request from the Tax Assessors Office for two
Mobile Filing Systems and a request from the Finance Department
for two new Lektrivers and a Mobile Filing System. Modern
Business was selected through the RFP process to provide
furniture for the Municipal Building.
Analysis:The proposal from Modern Business Systems is for three Mobile
Filing and Storage Systems and two Lektrivers. It was originally
planned to relocate the Lektriver that the Finance - Accounting
has to their new location on the 8th floor. However because of the
age, condition and size of the current Lektriver it was determined
that it would be more economical and cost effective to replace the
Lektriver during the renovation process.
Financial Impact:The cost for the Mobile Filing Systems and the Lektrivers is
$80,155.00 (See Attached Proposal from Modern Systems Inc.)
This is within the $32,374,118.00 Total Project Budget.
Alternatives:1) Approve the proposal submitted by Modern Business Systems,
Inc. 2) Reject the proposal submitted by Modern Business
Systems, Inc.
Recommendation:Approve the proposal submitted by Modern Business Systems,
Inc.
Funds are Available
in the Following FUNDS ARE AVAILABLE IN ACCOUNT: GL: 328-05-1120
JL: 212-05-5101 OC: 5421110 Cover Memo
Item # 3
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 3
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Item # 3
Public Service Committee Meeting
9/8/2014 12:45 PM
Aviation Statistical Data Services RPA 14-178
Department:Augusta Regional Airport
Caption:Approve the selection of and contract with Diio, LLC for
providing Aviation Statistical Data to the Augusta Regional
Airport as approved by the Augusta Aviation Commission at their
August 28, 2014 Meeting.
Background:The Airport Marketing Department is responsible for attracting
new air service for the community. Staff needs access to data
which will allow the preparation of statistical reports relative to
activity at the Airport and comparison to peer airports around the
country. This information is used by Airport staff to develop
presentations to air carriers in the pursuit of new air service. The
Airport recently issued an RFP seeking proposals from companies
with web-based data tools that provide access to the statistical data
and information needed. The Airport received three compliant
proposals in response to the RFP. The companies responding
included Diio, LLC, OAG Aviation Worldwide, LLC, and Sixel
Consulting Group, Inc.
Analysis:The three proposals were reviewed by a committee consisting of
Robert Williams, Diane Johnston, Phyllis Mills and Nancy
Williams on Thursday, July 31. Upon careful review and
discussion, the Committee unanimously selected Diio, LLC as the
best fit to provide the aviation statistical data services for the
Airport. The evaluation sheet and scores are attached. A contract
has been reviewed and approved by the Airport’s legal counsel.
The contract term is for one year, with two one year options for
renewal.
Financial Impact:
Alternatives:Deny request.
Recommendation:Approve Diio, LLC as the Augusta Regional Airport's Statistical
Data Provider.Cover Memo
Item # 4
Funds are Available
in the Following
Accounts:
551 08 1111 5212999
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 4
SUBSCRIPTION AGREEMENT
This Subscription Agreement (the “Agreement”) is effective as of the date set forth below (the “Effective Date”) between:
“Diio”: Diio, LLC, a California limited liability company
1775 Wiehle Ave., Suite 330, Reston, Virginia 20190 Phone: (408) 353-0530 E-Mail: legal.notices@diio.net
And
“Customer”: Augusta Aviation Commission, on behalf of the Augusta Regional Airport
1501 Aviation Way, Augusta, Georgia 30906 Phone: (706) 798-3236 E-Mail: djohnston@augustaga.gov
Effective Date: January 1st, 2015
This Agreement consists of the Terms and Conditions set forth below, the attached Exhibits, and the Terms of Service
(defined below). As used throughout this Agreement, Diio, and Customer are sometimes referred to individually as a “party” or collectively as the “parties.”
The parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the Effective
Date.
DIIO, LLC
AUGUSTA AVIATION COMMISSION
Signature
Jordan Kayloe
Signature
Douglas Lively
Name
Senior Vice President
Name
Aviation Commission Chairman
Title Title
TERMS AND CONDITIONS
1. Definitions.
1.1 “Diio Content” means the proprietary information, databases, reports, maps, charts, graphs, tools, software,
documentation, and other materials that are made available to Customer and each Authorized User through the Diio Service.
1.2 “Diio Service” means the Diio proprietary Internet-
based report generating service, and any updates and enhancements thereto, currently referred to as “Diio Mi Express,” that provides standard and customized reports for travel and airline industry data as more specifically described in Exhibit A
and that: (i) contains the Diio Content; and (ii) is hosted and served on the Site.
1.3 “Authorized User” means those uniquely identified
persons who: (i) are employed by Customer; (ii) agree to be bound by the Terms of Service; and (iii) have received a valid
Password from Diio. Diio reserves the right not to approve an Authorized User.
1.4 “Authorized User Fee” means the fee described in Exhibit B that is due from Customer for access to the Diio
Service by the number of Authorized Users specified in Exhibit B.
1.5 “Confidential Information” has the meaning set forth in
Section 9.
1.6 “Initial Term” has the meaning set forth in Section 10.
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1.7 “Password” means the unique password assigned to
each Authorized User by Diio that permits access to the Diio Service.
1.8 “Renewal Term” has the meaning set forth in Section
10.
1.9 “Reports” means individual data analysis reports,
including, without limitation, maps, charts, and graphs, generated by the Diio Service pursuant to data parameters requested by an Authorized User.
1.10 “Site” means the Diio Internet websites hosted and maintained by or on behalf of Diio, and any successor sites
thereto, at which Authorized Users may access the Diio Service.
1.11 “Term” has the meaning set forth in Section 10.
1.12 “Terms of Service” means the online terms and
conditions related to the use of the Diio Service that are posted on the Site at the “Terms of Service” page and that a user must accept before accessing the Diio Service.
2. Customer Rights and Obligations.
2.1 License Grant. Subject to the terms of this Agreement, Diio hereby grants Customer a non-exclusive, non-transferable
right and license during the Agreement Term to allow the number of Authorized Users for which Customer has purchased a subscription to access and use the Diio Service to generate
Reports solely for Customer’s internal business purposes. Customer acknowledges that Diio: (i) has complete and sole discretion over the selection and arrangement of Content
available on the Diio Service; (ii) can move or delete Content at any time for any reason; and (iii) has made no effort to verify the accuracy of any Content on the Diio Service. Diio and its
licensors may also make improvements and/or changes to the Diio Service or the Content at any time without notice.
2.2 Reports. In addition to the foregoing, Customer may
reproduce and publish Reports internally and to Customer’s clients, provided Customer includes an attribution statement
acknowledging Diio’s ownership of the Report. This attribution statement shall be in a form and manner prescribed and approved by Diio. If Diio determines, in its sole discretion, that Customer is
distributing or publishing any Reports in a manner detrimental to Diio’s business, Customer shall immediately cease distributing and/or publishing the Reports upon receipt of Diio’s written notice.
2.3 Restrictions. Except as expressly authorized in this Agreement, Customer: (i) will use reasonable efforts to ensure that neither the Diio Service, the Diio Content, nor any Reports
are displayed outside of the Site or distributed in any way to any third party; (ii) shall not rent, lease, distribute, transfer, copy, reproduce, display, modify, or timeshare the Diio Service, the Diio
Content, the Reports, or any portion thereof; (iii) will take all reasonable steps to protect the Diio Service and the Site from unauthorized access or use; (iv) will use best efforts to prevent third parties from obtaining Passwords; and (v) will immediately inform Diio of any actual or potential unauthorized access to a Password or to the Diio Service. Diio reserves all rights not
expressly granted in this Agreement.
2.4 Service Levels. Diio will host and maintain the Diio Service in accordance with the target service levels described in
Exhibit C.
2.5 Support. Diio will provide support for the Diio Service in accordance with the terms of Exhibit C.
2.6 Identification of Customer. Customer agrees that Diio may name Customer as a user of the Diio Service in its marketing materials and on its website without payment of any separate
fees. If Customer has made favorable comments about Diio or the Diio Service, Customer agrees that Diio may reproduce these comments in its marketing materials or on its website. Diio may
also permit its authorized partners to name Customer as a user or reproduce favorable comments in their marketing materials or on their websites. Diio shall receive written consent from Customer prior to such advertisement.
3. Fees and Payment.
3.1 Authorized User Fees. Customer agrees to pay Diio the
applicable Authorized User Fees for services provided during the Initial Term. Authorized User Fees for each Renewal Term shall
be based on Diio’s then-current license fees. At Customer’s request within seventy-five (75) days of the end of the Term, Diio will provide a written schedule of its then-current fees that would
apply to any Renewal Term. This Agreement shall be deemed to obligate the Customer for only for those sums payable during the calendar or fiscal year of execution or, in the event of a renewal
by the Customer, for those sums payable in the individual calendar or fiscal year renewal term.
3.2 Additional Fees. Customer understands that Diio incurs
costs for changing Authorized Users and agrees that Diio may impose a fee at its then-current rates if Customer changes its Authorized Users on average more than once per month. In
addition, fees for additional services such as onsite or remote training, consulting, or enhancement services shall be at Diio’s then-current rates for such services. Additionally, Customer shall reimburse Diio monthly in arrears for Diio’s reasonable travel, telephone, and other out-of-pocket expenses incurred in providing
such services, provided such expenses have been pre-approved by Customer. Diio will provide Customer with adequate documentation for all such expenses.
3.3 Payment/Timing. Payments shall be due in accordance with the terms set forth in Exhibit B. All amounts are due in United States Dollars and are net of any taxes or applicable wire
transfer fees. Customer agrees that it will be responsible for all sales, use, or services taxes of any kind, with the exception of taxes based on Diio’s income.
3.4 Late Payments. If Customer fails to timely pay any amount due within thirty (30) days of the payment due date: (i) Customer shall pay, in addition, interest at the rate of one and
one-half percent (1½%) per month, but not to exceed the maximum allowed by law; and (ii) Diio may, at Diio’s option, suspend Customer’s and its Authorized Users’ access to the Diio
Service and, if the delinquency continues for an additional fifteen (15) days after the initial suspension date, Diio may, at its option, terminate this Agreement. Fees will continue to accrue during any
such suspension.
4. Authorized Users.
4.1 Registration. Upon execution of this Agreement, Diio
will provide Customer with instructions on how Authorized Users shall access the Diio Service. Prior to his or her initial access to the Diio Service, each Authorized User: (i) shall register with Diio as set forth in the registration procedures posted on the Site and (ii) electronically agree to the Terms of Service document on the
Site. All collection and use of Authorized User data submitted during registration shall be in accordance with Diio’s then-current published privacy policy.
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4.2 Customer Obligations. Customer agrees to be responsible for providing accurate and complete information about each Authorized User on registration as reasonably requested by
Diio. Customer agrees to review and update such information at least quarterly for accuracy. Diio may, in its sole discretion, terminate the accounts or access rights of any Authorized Users
for whom inaccurate or incomplete information was provided during registration, for any Authorized User who Diio believes has violated the Terms of Service, and for any Authorized User who does not appear on the then-current list of Authorized Users provided by Customer. Customer is responsible for all activities
that occur under Authorized User passwords. Customer shall notify all of its Authorized Users to keep such passwords confidential. Customer and/or individual Authorized Users must
notify Diio immediately of any unauthorized use of passwords or if they believe that any such password is no longer confidential. Diio reserves the right to require Authorized Users to alter
passwords if Diio believes that such password is no longer secure.
4.3 Remedies. Diio and its licensors reserve the right to
investigate complaints or reported violations of this Agreement or the Terms of Service and/or applicable licenses and copyrights and to take any action they deem appropriate including, without
limitation, reporting and providing information of any suspected unlawful activity to law enforcement officials, regulators, or other third parties, including disclosing any information necessary or
appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses, and traffic information. Diio and its licensors reserve the right to
seek all remedies available at law and in equity for violations of this Agreement or the Terms of Service, including, but not limited
to, the right to block access to the Diio Service from a particular Internet address or username.
5. Proprietary Rights. All right, title, and interest in and to
the Diio Service, the Diio Content, the Reports, the Site, and any related documentation, including any corrections, updates, adaptations, enhancements thereto, or authorized copies thereof,
shall remain exclusively with Diio and its licensors, as applicable. Access to the Diio Service and/or the Site is provided to Authorized Users only to allow Customer to exercise Customer’s
rights under this Agreement. Because the Content incorporates Content from Diio’s licensors, it may contain other proprietary notices, licenses, and terms for use of copyrighted information,
the terms of which must be observed and followed by Customer and all Authorized Users. In the event of any conflict between the license(s) applicable to Content on the Diio Service and the
Terms of Service, the applicable license(s) prevail.
6. Disclaimer. Customer acknowledges and agrees that any collection and compilation of data may result in the likelihood of some human and machine errors, omissions, delays, interruptions, and losses, including inadvertent loss of data or damage to media, which may give rise to loss or damage. Diio
makes no representations or warranties that the Diio Service is free of bugs or other errors, or that it will operate continuously, or
that the Content is complete, accurate, or free of malicious items. Diio assumes no responsibility for any errors or omissions in the Diio Content or any damage caused by use of the Diio Service or
the Diio Content. Customer and its Authorized Users download or use Diio Content obtained from using the Diio Service at their own risk. Customer and its Authorized Users have the sole obligation
to ensure that in using the Diio Service or downloading Diio Content they protect their systems and the systems of any of their
customers or users against viruses, worms, or other items of a destructive nature. Customer further agrees that Diio PROVIDES THE DIIO SERVICE, THE SITE, AND THE DIIO CONTENT ON
AN “AS-IS” AND “WHERE-IS” BASIS. EXCEPT FOR THE TARGET SERVICE LEVELS SET FORTH IN EXHIBIT C, DIIO DOES NOT WARRANT THAT THE DIIO SERVICE, THE SITE,
OR THE DIIO CONTENT (OR ACCESS THERETO) WILL BE ERROR FREE, CURRENT, OR UNINTERRUPTED, OR THAT
ALL ERRORS CAN OR WILL BE CORRECTED. DIIO MAKES NO OTHER WARRANTIES WITH RESPECT TO THE DIIO SERVICE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR
OTHERWISE, AND DIIO EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
7. Limitations of Liability.
7.1 CUSTOMER AGREES THAT IN NO EVENT WILL DIIO OR ITS LICENSORS BE LIABLE TO CUSTOMER OR TO ANY
THIRD PARTY CLAIMING THROUGH CUSTOMER FOR THE RESULTS OF CUSTOMER’S OR ITS AUTHORIZED USERS’ USE OF THE DIIO SERVICE, THE SITE, OR THE DIIO
CONTENT, OR FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES EVEN
IF DIIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.2 THE CUMULATIVE LIABILITY OF DIIO AND ITS
LICENSORS TO CUSTOMER FOR ALL CLAIMS ARISING UNDER THIS AGREEMENT, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING NEGLIGENCE, SHALL NOT
EXCEED THE TOTAL AMOUNT OF ALL FEES PAID TO DIIO HEREUNDER.
8. Indemnification. Diio shall, at its expense, defend,
indemnify, and hold Customer and its Authorized Users harmless from and against any claim, suit, proceeding or loss, damages, or liability of any kind resulting from, arising out of, or related to a
claim that the software used to provide the Diio Service and/or the Diio Content infringes or misappropriates any third party copyright, trade secret, or U.S. patent; provided that Customer
provides Diio with prompt notice of such claims, gives Diio the sole right to control the defense of such claims, and provides Diio
with reasonable assistance with respect to the defense thereof. In the event that the use of the Diio Service is or may be enjoined, Diio will use commercially reasonable efforts to replace the infringing Diio Service with a non-infringing version of the Diio Service of substantially equivalent functionality. CUSTOMER ACKNOWLEDGES THAT THE FOREGOING INDEMNITY AND
LIMITED REMEDY IS CUSTOMER’S SOLE AND EXCLUSIVE REMEDY, AND DIIO’S SOLE AND EXCLUSIVE LIABILITY, WITH RESPECT TO THE INFRINGEMENT BY THE DIIO
SERVICE AND THE DIIO CONTENT OF ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS.
9. Confidential Information. For the purposes of this Agreement, “Confidential Information” means any and all: (i) technical and non-technical information including patent, trade secret, and proprietary information, techniques, sketches,
drawings, models, inventions, know-how, processes, apparatus, equipment, and algorithms related to the Diio Service, the Diio Content, or the Site; (ii) information relating to costs, prices and
names, finances, marketing plans, business opportunities, personnel, research, development, or know-how; and (iii)
3
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Item # 4
information designated by either party as confidential in writing or, if disclosed orally, reduced to writing within thirty (30) days. Notwithstanding the foregoing, “Confidential Information” shall not
include information that: (1) is or becomes generally known or available by publication, commercial use, or otherwise through no fault of the receiving party; (2) is known and has been reduced to
tangible form by the receiving party at the time of disclosure and is not subject to restriction; (3) is independently developed or learned by either party; or (4) is released for publication in writing. Each party agrees that it will not, and will ensure that its employees, agents, and contractors will not, make use of,
disseminate, or in any way disclose any Confidential Information of the other party to any person, firm, or business, except for any purpose the disclosing party may hereafter authorize in writing.
Each party agrees that it will treat all Confidential Information with the same degree of care as it accords to its own Confidential Information, and each party represents that it exercises
reasonable care to protect its own Confidential Information. The Parties acknowledge that the Customer is subject to the Georgia Open Records Act.
10. Term. The term of this Agreement shall begin on the
Effective Date and shall continue for the period set forth in Exhibit B, unless earlier terminated as set forth below (the “Initial Term”).
Thereafter, Customer will have the option to renew this Agreement for up to two (2) additional one (1) year periods unless another renewal term is set forth in Exhibit B, in which case that
term will apply (each, a “Renewal Term”), unless either party provides the other party with written notice of its intent not to renew at least sixty (60) days prior to the end of the then-current term. The Agreement shall terminate absolutely and without further obligation on the part of the Customer at the close of the
calendar or fiscal year in which it was executed and at the close of each succeeding calendar or fiscal year for which it may be renewed as provided in O.C.G.A. § 36-60-13. Collectively, the
Initial Term and the Renewal Term shall be referred to in this Agreement as the “Term.”
11. Termination. Either party may terminate this Agreement
upon thirty (30) days’ written notice of a material breach of this Agreement by the other party if such breach is not cured within such thirty (30) day period; provided, however, that any willful
unauthorized access, use, copying, disclosure, distribution, or sublicensing of the Diio Service, the Diio Content, Reports, or the Site by Customer or any Authorized User will be deemed a
material breach of this Agreement that cannot be cured. In addition to the foregoing, either party may terminate this Agreement immediately upon the insolvency, filing for bankruptcy (whether voluntary or involuntary), receivership, or general assignment for the benefit of creditors of the other party. Upon the expiration or earlier termination of the Agreement: (i) each party will return to the other party any Confidential Information of the other party; (ii) all fees for services rendered prior to the
effective date of termination shall be immediately due and payable; and (iii) Customer and each Authorized User will no longer be provided access to the Diio Service or the Site.
12. Miscellaneous. This Agreement shall be governed by
the laws of the State of Georgia, without reference to conflict of
laws principles. Customer acknowledges that the Diio Service and the Diio Content may be subject to the export controls laws and regulations of the United States and other jurisdictions.
Customer, for itself and its Authorized Users, agrees, TO THE EXTENT PERMITTED BY LAW, to faithfully comply with all such laws and regulations, and agrees to hold Diio entirely harmless from and against any liability, costs, damages, or expenses of any kind, including without limitation attorneys’ fees, related to
Customer’s breach of such laws and regulations. Except for Diio’s right to seek injunctive relief to protect its proprietary rights hereunder, the parties hereby consent and submit to the exclusive
jurisdiction of the federal and state courts sitting in the State of Georgia for the resolution of any dispute arising out of this Agreement. The English language text of this Agreement shall
prevail over any translation into any other language. Except for the obligation to make payments, non-performance of either party shall be excused to the extent the performance is rendered
impossible by strike, fire, flood, governmental acts or orders or restrictions, failure of suppliers, or any other reason where failure to perform is beyond the reasonable control of and is not caused by the negligence of the non-performing party. Any failure by a party at any time or from time to time to enforce or require strict compliance with any term or condition of this Agreement will not
constitute a waiver of such term or condition. No waiver will be enforceable unless embodied in a writing signed by the party
charged with such waiver. Except as explicitly provided herein, this Agreement may not be modified except by a written instrument signed by both parties. In the event of the invalidity, in
whole or in part, of any term of this Agreement, the parties agree that such invalidity shall not affect the validity of any other term of this Agreement and that such term shall be subject to partial
enforcement to the extent permitted under applicable law. Any notice required or permitted to be sent under this Agreement shall be delivered by hand, by overnight courier, or by registered mail,
return receipt requested, to the address of the parties set forth in this Agreement or to such other address of the parties designated in writing in accordance with this subsection. This Agreement is
not assignable by Customer without the prior written consent of Diio, which consent shall not be unreasonably withheld. Any attempt at assignment by Customer, including by means of
merger, acquisition, operation of law, or otherwise, without such consent shall be null and void and of no force and effect. Subject to the foregoing, this Agreement shall inure to the benefit of and be binding upon the parties, their successors, and assigns. Sections 1, 3 (with respect to any fees generated prior to the
effective date of termination), and 5 through 12 shall survive the expiration of this Agreement. This Agreement, the Terms of Service, and the Exhibits attached hereto set forth the entire
understanding and agreement between Customer and Diio and supersede all prior or contemporaneous proposals or communications, oral or written, between the parties relating to
the subject matter of the Agreement. In the event of any conflict between this Agreement, the Terms of Service, and the Exhibits, this Agreement shall be controlling.
[END OF TERMS AND CONDITIONS]
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EXHIBIT A DESCRIPTION OF DIIO SERVICE
The Diio Service includes the following data, tools and information:
• Worldwide Airline Schedule Data
• U.S. Department of Transportation (“DOT”) Origin and Destination (“O&D”) Data (“DB1B”)
• U.S. DOT Onboard Data (“T-100”)
• Miscellaneous Tools
• Demographics Map tool
• Reference Data
• Airline Codes, Names, and Alliance Members
• Airline Equipment Types and Seat Counts
• Airport Codes, Names, and Locations
• Great Circle Route Distance Calculators
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EXHIBIT B AUTHORIZED USER FEES
Authorized User Fees for Initial Term:
Number of Authorized Users Total Authorized User Fee Quarterly Authorized User Fee
2
$9,900
$2,475
Initial Term: One (1) year
Payment Terms: Diio shall issue invoices for the Authorized User Fees quarterly, in advance. All fees shall be due
within thirty (30) days from the invoice date. Payments made by wire transfer should include the wire transfer fee of the outgoing bank, in addition to the Authorized User Fee.
Invoicing Information: .
Diio Contact Information for Invoicing
Name: Eva Cooper
Address: Diio, LLC P.O. Box 146 Mt. Vernon, VA 22121-0146
Phone: (703) 956-1389 Fax: (703) 595-2040 E-Mail: eva.cooper@diio.net
Customer’s primary contact, Diane Johnston, will also handle invoicing, with the contact info given at the beginning of this Agreement.
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EXHIBIT C SERVICE LEVELS AND SUPPORT
1. Definitions.
1.1 “Force Majeure Event” means (i) compliance with any act, order, demand, or request of any government or governmental authority, agency, or instrumentality; (ii) labor disputes, difficulties, work stoppages, or work
slowdowns of any kind; (iii) hurricane, earthquake, flood, and other natural disasters or fires; (iv) war, rebellion, or civil disorder; or (v) any other cause beyond Diio’s reasonable control.
1.2 “Maintenance Outage” means a planned or unplanned maintenance period, including without limitation any maintenance downtime or maintenance outage, not to exceed an aggregate of fifteen (15) hours in any three (3) calendar month period during the Term and, in any case, no more than seven and one-half (7½) hours per calendar
month. 1.3 “Service Outage” means any time when the Diio Service is inoperable or unavailable due to or caused by reasons within Diio’s control, excluding specifically the following reasons: (i) Customer’s own Internet service provider; (ii) a Force Majeure Event; (iii) any systemic Internet failures; or (iv) any failure in a Customer’s own
hardware, software, or network connection. 1.4 “Unit Hours of Operation” shall be twenty-four (24) hours per day, three-hundred sixty-five (365) days
per year, excluding any Maintenance Outage. 2. Availability of Services. Diio will use commercially reasonable efforts to ensure that the Diio Service will
be available at least ninety-nine percent (99%) of the time measured monthly, using the following formula: Uptime = Unit Hours of Operation minus Service Outages
Unit Hours of Operation 3. Maintenance Outages. Diio will post a notification on the Site for each Maintenance Outage at least forty-
eight (48) hours in advance, whenever practicable of the occurrence of any such outage. Diio will use commercially reasonable efforts to perform scheduled maintenance between 8:00 p.m. Friday and 8:00 a.m. Monday, Pacific Time. 4. Support Services. Diio shall provide telephone and email support to Customer for problems that interrupt or significantly impair the operation of the Diio Service. A designated Diio customer service representative will respond to all emails within two (2) U.S. business days of each Customer query. Diio will provide status updates at regular intervals as appropriate until the issue has been satisfactorily resolved. In addition, Diio will track and correct all reproducible problems related to the functionality of the Diio Service within two (2) U.S. business days of receiving a report thereof.
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AUGUSTA-RICHMOND COUNTY, GEORGIA
_______________________________________
By: Mayor Deke Copenhaver Date
ATTEST:_____________________________
Lena Bonner, Clerk Date
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Item # 4
Request for Proposal
Request for Proposals will be received at this office until Friday, July 11, 2014 @ 11:00 a.m. for furnishing:
RFP Item #14-178 Aviation Statistical Data Services for Augusta Regional Airport
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
530 Greene 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, 530
Greene Street – Room 605, Augusta, GA 30901.
All questions must be submitted in writing by fax to 706 821-2811 or by email to
procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, June 27,
2014 @ 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 time has been called on the date of opening.
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 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 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.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle June 5, 12, 19, 26, 2014
Metro Courier June 11, 2014
Revised: 8/15/2011
Attachment number 2 \nPage 1 of 1
Item # 4
UNOFFICIAL
VENDORS Attachment
B
E-Verify
#
SAVE
Form Original 7 Copies Fee
Proposal
OAG Worldwide
3025 Highland Parkway
Suite 200
Downer Grove, IL 60515
Yes 352889 Yes Yes Yes Yes
Diio, LLC
1775 Wiehle Ave Suite 330
Reston, VA 20190
Yes 767104 Yes Yes Yes Yes
Sixel Consulting Group
Headquarters
497 Oakway Road Suite 220
Eugene, Oregon 97401
Yes 412961 Yes Yes Yes Yes
RFP Opening
RFP Item #14-178
Aviation Statistical Data Service
for Augusta, Georgia - Augusta Regional Airport
RFP Due: Friday, July 11, 2014 @ 11:00 a.m.
The following vendors did not respond:
The Boyd Group / 78 Beaver Brook Canyon Rd., / Evergreen, CO 80439
Data Base Product, Inc., / 12770 Coil Road, Suite 1218 / Dallas, Texas 75251
Page 1 of 1
Attachment number 3 \nPage 1 of 1
Item # 4
OAG Worldwide
3025 Highland Parkway
Suite 200
Downer Grove, IL 60515
Diio, LLC
1775 Wiehle Ave Suite 330
Reston, VA 20190
Sixel Consulting Group
Headquarters
497 Oakway Road Suite 220
Eugene, Oregon 97401
Evaluation Criteria Points
1. Schedule information
and DOT data sets 30 25.0 27.7 19.0
2. Mapping tool and
demographic information 20 0.0 19.0 15.3
3. Report capabilities and
customization features 30 26.7 28.0 17.3
4. Product improvements
and product support 20 12.7 19.3 6.0
Total Points 100 64.3 94.0 57.7
Cumulative Evaluation Sheet - RFP Item #14-178
Aviation Statistical Data Service
for Augusta, Georgia - Augusta Regional Airport
Vendors
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Item # 4
Public Service Committee Meeting
9/8/2014 12:45 PM
Fleming Tennis Center Improvement Project
Department:Recreation, Parks and Facilities
Caption:Motion to award the contract for Bid Item 14-183, Fleming Tennis
Center Improvements to the low, responsive bidder, Larry Pittman
& Associates of Augusta, Georgia. Their lump sum base bid was
$498,752.58 and the recommended add alternate for $61,525.00
for a total contract price of $560,277.58
Background:Funding was made available through SPLOST VI for facility
expansion and improvements to Fleming Tennis Center in the
approved amount of $600,000.
Analysis:Bid Item 14-183 was issued to solicit pricing to provide
improvements to Fleming Tennis Center. A total of four (4) bids
were received with the low bidder declining the bid because of
oversight on electrical requirements. Staff and consultants have
reviewed the next lowest and responsive bidder and verified they
have the entire scope of work covered. The base bid was
$498,752.58 provides for two new lighted hard courts and
associated site work, and the restoration of an existing five (5)
court complex to include new lighting and associated site work.
The recommended add alternate, to add vinyl coated fencing to the
project was $61,525.00 Staff recommends award of the base bid
and Alternate 2 for a contract amount of $560,277.58. This is
within the estimated project budget.
Financial Impact:The cost of the contract $530,277.58 is to be funded from
SPLOST VI and $30,000 is to be funded through a United States
Tennis Association (USTA) Grant.
Alternatives:1. Award the contract for the Bid Item 14-183, Fleming Tennis
Center Improvements, to Larry Pittman & Associates in the
amount of $560,277.58 2. Do not approve the award thus delaying
improvements to this tennis complex.
Recommendation:1. Approve the award of Bid Item 14-183.Cover Memo
Item # 5
Funds are Available
in the Following
Accounts:
SPLOST VI – 328061110 - 213066204 USTA Grant Fund
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
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Public Service Committee Meeting
9/8/2014 12:45 PM
Minutes
Department:Clerk of Commission
Caption:Motion to approve the minutes of the Public Services Committee
held on August 25, 2014.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
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Item # 6
Public Service Committee Meeting
9/8/2014 12:45 PM
Proposed Amendments to the Hotel/Motel and Rental Motor Vehicle Excise Tax Codes.
Department:Planning & Development
Caption:Motion to approve an Ordinance amending Augusta, Georgia
Code , Title 2, Chapter 2, Article 4, Excise Tax for Hotels/Motels,
Sections 2-2-27 through Section 2-2-35; Article 5, Local Business
License Tax on Depository Financial Institutions, Section 2-2-36
through Section 2-2-49; and Article 6, Tax Imposed (Rental Motor
Vehicle), Sections 2-2-50 through 2-2-56 as recommended by the
Planning and Development Department. (Approved by Public
Services Committee August 25, 2014)(Referred from
September 2 Commission meeting)
Background:The Hotel / Motel Excise Tax ordinance and the Motor Vehicle
Rental Excise Tax ordinance do not include specific and detailed
regulations regarding the enforcement of tax collection and record
keeping. Regarding Depository Financial Institutions, the code
section numbering will change due to the amendments to the
Hotel / Motel ordinance.
Analysis:The proposed amendments are taken directly from the Alcohol
Beverage Excise tax code and Wholesale Excise tax code. The
amendments address deficiency determinations; determination if
no return made; penalties and interest for failure to pay tax;
collection of tax; and administration of the code. The approval of
the proposed amendments will make the regulations for tax
collection and record keeping uniform.
Financial Impact:N/A
Alternatives:Do not approve.
Recommendation:Approve
Funds are Available
in the Following
Accounts:
N/A
Cover Memo
Item # 7
REVIEWED AND APPROVED BY:
Cover Memo
Item # 7
1
PROPOSED ORDIACE AMEDMETS ARE UDERLIED.
ORDINANCE NO. ___________
AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE, TITLE 2, CHAPTER 2,
ARTICLE 4, EXCISE TAX FOR HOTELS, MOTELS, ETC., SECTIONS 2-2-27 THROUGH
SECTION 2-2-35; ARTICLE 5, LOCAL BUSINESS LICENSE TAX ON DEPOSITORY
FINANCIAL INSTITUTIONS, SECTIONS 2-2-36 THROUGH SECTION 2-2-49; ARTICLE 6,
TAX IMPOSED (RENTAL MOTOR VEHICLE), SECTIONS 2-2-50 THROUGH 2-2-56; SO
AS TO PROVIDE REGULATIONS FOR THE COLLECTION OF EXCISE TAXES, TO
AMEND THE NUMBERING OF THE SECTIONS DUE TO ADDITIONAL REGULATIONS,
AND FOR TEXT CORRECTIONS; TO REPEAL ALL CODE SECTIONS AND
ORDINANCES AND PARTS OF CODE SECTIONS ANDORDINANCES IN CONFLICT
HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES.
NOW, BE IT ORDAINED BY THE AUGUSTA, GEORGIA COMMISSION AND IT IS
HEREBY ORDAINED BY THE AUTHORITY OF SAME THAT ALL BUSINESSES
COLLECTING EXCISE TAXES FOR THE SALE OF ROOMS AND ALL BUSINESSES
COLLECTING EXCISE TAXES FOR THE RENTAL OF VEHICLES WITHIN THE
JURISDICTION SHALL COMPLY WITH THE PROVISIONS OF THE AUGUSTA, GA
CODE, AS FOLLOWS:
SECTION 1. Sections 2-2-27 through Section 2-2-35 of Augusta, Georgia Code Title 2,
Chapter 2, Article 4, are hereby deleted by striking these sections in its entirety; AND new
Sections 2-2-27 through Section 2-2-45 are hereby inserted to replace the repealed sections as set
forth in “Exhibit A” hereto.
SECTION 2. Sections 2-2-36 through Section 2-2-49 of Augusta, Georgia Code Title 2,
Chapter 2, Article 5, are hereby deleted by striking these sections in its entirety; AND Sections
2-2-46 through Section 2-2-59 are hereby inserted to replace the repealed sections as set forth in
“Exhibit A” hereto.
SECTION 3. Sections 2-2-50 through Section 2-2-56 of Augusta, Georgia Code Title 2,
Chapter 2, Article 6, are hereby deleted by striking these sections in its entirety; AND Sections
2-2-60 through Section 2-2-74 are hereby inserted to replace the repealed sections as set forth in
“Exhibit A” hereto.
SECTION 4. This ordinance shall become effective upon its adoption in accordance with
applicable laws.
Attachment number 1 \nPage 1 of 16
Item # 7
2
SECTION 5. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Adopted this ___ day of ___________, 2014.
__________________________ Attest:______________________________
David S. Copenhaver Lena J. Bonner, Clerk of Commission
As its Mayor Seal:
Attachment number 1 \nPage 2 of 16
Item # 7
3
CERTIFICATION
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing
Ordinance was duly adopted by the Augusta, Georgia Commission on ________________, 2014
and that such Ordinance has not been modified or rescinded as of the date hereof and the
undersigned further certifies that attached hereto is a true copy of the Ordinance which was
approved and adopted in the foregoing meeting(s).
______________________________
Lena J. Bonner, Clerk of Commission
Published in the Augusta Chronicle.
Date: _________________________
Attachment number 1 \nPage 3 of 16
Item # 7
4
“EXHIBIT A”
ARTICLE 4 EXCISE TAX FOR HOTELS, MOTELS, ETC.
Sec. 2-2-27. Levied; amount.
There is hereby levied and imposed an excise tax at the rate of six (6) percent of the charge to the
public for and upon the furnishing for value to the public of any room or rooms, lodging or
accommodations furnished by any person or legal entity within Augusta-Richmond County
operating a hotel, motel, inn, lodge, tourist camp, tourist cabin or other place in which rooms,
lodging or accommodations are regularly furnished for value. Such tax shall not include the sale
or charges for any rooms, lodgings or accommodations furnished for a period of more than thirty
(30) consecutive days, or for the use of meeting rooms.
Sec. 2-2-28. Remittance; when due; interest and penalties on delinquent taxes.
(a) Dealers shall pay the hotel and motel tax with such remittance form as prescribed by
Augusta-Richmond County. Each dealer shall remit the tax to the Augusta-Richmond County
Commission, Hotel and Motel Tax, P.O. Box 9270, Augusta, Georgia 30906, with check or
money order payable to the Commission.
(b) Such excise tax shall be paid monthly within twenty (20) days after the end of each month.
(c) Any past due and delinquent taxes owed Augusta-Richmond County under this Article shall
bear interest at the rate of one (1) percent per month from the date the tax is due until the date the
tax is paid. When any dealer fails to make any return or to pay the full amount of the tax required
by this Article, when due, there shall be imposed, in addition to other penalties provided by law,
interest as provided herein, and forfeiture of the collection fee as provided in section 2-2-29, a
further penalty to be added to the tax in the amount of five (5) percent or five dollars ($5.00),
whichever is greater, if the failure is for not more
than thirty (30) days and an additional five (5) percent or five dollars ($5.00), whichever is
greater, for each additional thirty (30) days during which the failure continues. The penalty for
any single violation shall not exceed twenty-five (25) percent or twenty-five dollars ($25.00),
whichever is greater. If the failure is due to providential cause, shown to the satisfaction of the
Tax Commissioner in affidavit form attached to the return and remittance is made within ten (10)
days of the due date, the return may be accepted exclusive of penalties and interest. In the case of
a fraud or fraudulent return or of a failure to file a return where willful intent exists to defraud
Augusta-Richmond County of any tax due under this Article, a penalty of fifty (50) percent of
the tax due shall be assessed.
Sec. 2-2-29. Dealer's collection fee.
Dealers collecting the hotel and motel tax shall be allowed a percentage of the tax due and
accounted for in the amount of three (3) percent in the form of a deduction in submitting,
reporting and paying the amount due, if such amount is not delinquent at the time of payment.
Upon the failure to make a timely report and remittance by the twentieth day of the month next
succeeding the month in which such sales were made, such collection fee shall be forfeited.
Dealers shall pay such tax with such remittance form as prescribed by the Augusta-Richmond
County Commission.
Sec. 2-2-30. Verifications of books and records.
Attachment number 1 \nPage 4 of 16
Item # 7
5
All books and records of each dealer shall be subject to inspection and audit by Augusta-
Richmond County to verify compliance with this article.
Sec. 2-2-31. In addition to other taxes.
The excise tax provided for hereinabove shall be in addition to any license fee or occupation tax
or charge which may now or in the future be imposed upon dealers within Augusta-Richmond
County.
Sec. 2-2-32. Distribution of proceeds (as determined by the Augusta Commission).
(a) Sixteen and two-thirds (16 2/3) percent of the hotel-motel excise tax imposed by this section
is hereby appropriated to the Augusta-Richmond County Coliseum Authority for the
construction and expansion of the civic center or coliseum as provided in O.C.G.A. § 48-13-
51(a)(4), and such proceeds from the hotel-motel tax shall be delivered to such Authority each
month.
(b) An additional twenty-three and one-third (231/3) percent of the hotel-motel excise tax
imposed by this section is hereby appropriated to the Augusta-Richmond County Coliseum
Authority for the support, construction and expansion of the civic center or coliseum as provided
in O.C.G.A. § 48-13-51(a)(4), and such proceeds fromthe hotel-motel tax shall be delivered to
such Authority each month.
(c) An additional ten (10) percent of the hotel-motel excise tax imposed by this section is hereby
appropriated to the Augusta-Richmond County Coliseum Authority for the support of the civic
center or coliseum as provided in O.C.G.A. § 48-13-51(a)(4), and such proceeds from the hotel-
motel tax shall be delivered to such Authority each month.
(d) Thirty-three and one-third (331/3) percent of the hotel-motel excise tax imposed by this
section is hereby appropriated to the Augusta Convention and Visitors Bureau, Inc.
(e) An additional sixteen and two-thirds (162/3) percent is hereby appropriated as follows:
(1) For calendar year 1998, the full amount shall be paid to the Augusta-Richmond County
Museum;
(2) For calendar year 1999, Three Hundred Thousand Dollars ($300,000.00), to be paid in
twelve (12) equal monthly payments, shall be paid to the Augusta-Richmond County Museum
and the balance shall be paid to the Augusta Convention and Visitors Bureau, Inc., to be used
solely as provided in subparagraph (f) hereof;
(3) For calendar year 2002, Three Hundred Thousand Dollars ($300,000.00) shall be paid to
the Augusta Museum of History and Seventy-five Thousand Dollars ($75,000.00) shall be paid
to the Lucy Laney Craft Museum and the balance shall be paid to the Augusta Convention and
Visitors Bureau, Inc., to be used solely as provided in subparagraph (f) hereof;
(4) For calendar year 2001, One Hundred Thousand Dollars ($100,000.00), to be paid in
twelve (12) equal monthly payments, shall be paid to the Augusta-Richmond County Museum
and the balance shall be paid to the Augusta Convention and Visitors Bureau, Inc., to be used
solely as provided in subparagraph (f) hereof;
(5) For calendar year 2002 and each year thereafter, said amount shall be paid to the Augusta
Convention and Visitors Bureau, Inc., to be used solely as provided in subparagraph (f) hereof.
(f) Amounts paid to the Augusta Convention and Visitors Bureau, Inc. pursuant to subsection
(e)(2) through (e)(5) hereof shall be used solely as provided in the contract between the Augusta
Convention and Visitors Bureau, Inc. and Augusta, Georgia.
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Item # 7
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Sec. 2-2-33. Determinations, returns and payments.
(a) Due date of taxes. All taxes collected by any licensee or agent hereunder shall be due and
payable to the Director of Planning & Development of Augusta-Richmond County monthly on
or before the twentieth day of every month next succeeding each respective monthly period, as
set forth in section 2-2-28 herein.
(b) Return; time of filing; persons required to file; execution. On or before the twentieth day of
the month following each monthly period, a return for the preceding monthly period shall be
filed with the Director of Planning & Development of Augusta-Richmond County in such form
as the director may prescribe by every licensee or agent liable for the payment of tax hereunder.
(c) Contents of return. All returns shall show the gross receipts from the sale of rooms, as
defined in section 2-2-27, amount of tax collected or authorized due for the related period, and
such other information as may be required by the Director of Planning & Development.
(d) Delivery of return and remittance. The person required to file the return shall deliver the
return, together with the remittance of the net amount of tax due to Planning & Development
Department, 1815 Marvin Griffin Road, Augusta, Ga. 30906, for Augusta-Richmond County.
(e) Collection fee allowed operators. Operators collecting the tax shall be allowed to receive a
percentage of the tax due and accounted for and shall be reimbursed in the form of a deduction in
submitting, reporting and paying the amount due, if said amount is not delinquent at the time of
payment. The rate of the deduction shall be the same rate authorized for deductions from state
tax under the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20,
1951 (Ga. Laws, P. 360) as now or hereafter amended.
Sec. 2-2-34. Deficiency determinations.
(a) Recomputation of tax; authority to make; basis of recomputation. If the Director of Planning
& Development is not satisfied with the return or returns of the tax, or the amount of the tax to
be paid to the Augusta-Richmond County Commission by any person, he may compute and
determine the amount required to be paid upon the basis of any information within his possession
or that may come into his possession. One or more than one deficiency determination may be
made of the amount due for one or more than one monthly period.
(b) Interest on deficiency. The amount of the deficiency determination, exclusive of penalties,
shall bear interest at the rate of one (1) percent per month or fraction thereof from the twentieth
day after the close of the monthly period in which the amount or any portion thereof should have
been returned until the date of payment.
(c) Offsetting of overpayment. In making a deficiency determination, the Director of Planning &
Development may offset overpayment, for a period or periods, against underpayment, for
another period or periods, against penalties, and against the interest on underpayment. The
interest on overpayment shall be computed in the manner set forth in subsection (b) above.
(d) Penalty; negligence or disregard of rules and regulations. If any part of the deficiency for
which a deficiency determination has been made is due to negligence or disregard of rules and
regulations, a penalty of twenty (20) percent of the amount of such deficiency shall be added
thereto.
(e) Penalty for fraud or intent to evade. If any part of the deficiency for which a deficiency
determination is made is due to fraud or intent to evade any provisions of this article or other
authorized rules and regulations, a penalty of fifty (50) percent of the deficiency shall be added
thereto.
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Item # 7
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(f) otice of Director of Planning & Development’s dete rmination; service of. The Director of
Planning & Development, or his designated representative, shall give to the licensee written
notice of his deficiency determination. The notice may be served personally or by mail; if by
mail such service shall be pursuant to O.C.G.A. § 9-11-4 and shall be addressed to the licensee
at his address as it appears in the records of the Director of Planning & Development. In case of
service by mail of any notice required by this article, the service is complete at the time of
deposit in the United States Post Office.
(g) Time within which notice of deficiency determination to be mailed. Except in the case of
fraud, intent to evade this article or authorized rules or regulations, or failure to make a return,
every notice of a deficiency determination shall be mailed within three (3) years after the
twentieth day of every month following the monthly period for which the amount is proposed to
be determined, or within three (3) years after the return is filed, whichever period should last
expire.
Sec. 2-2-35. Determination if no return made.
(a) Estimate of gross receipts. If any licensee fails to make a return, the Director of Planning &
Development shall make an estimate of the amount of the gross receipts of the licensee, or as the
case may be, of the amount of the total sales in Augusta-Richmond County which are subject to
the tax. The estimate shall be made for the period or periods in respect to which the licensee
failed to make the return and shall be based upon any information which is in, or may come into,
the possession of the Director of Planning & Development. Upon the basis of this estimate, the
Director of Planning & Development shall compute and determine the amount required to be
paid the Commission, adding to the sum thus determined a penalty equal to fifteen (15) percent
thereof. One (1) or more deficiency determinations may be made for one (1) or for more than one
(1) period.
(b) Manner of computation; offsets; interest. In making a determination under this section, the
Director of Planning & Development may offset overpayment for a period or penalties against
the interest on the underpayment. The interest on underpayment shall be computed in the manner
set forth in section 2-2-34(c).
(c) Interest on amount found due. The amount of the determination under this section, exclusive
of penalties, shall bear interest at the rate of one (1) percent per month, or fraction thereof, from
the twentieth day of the month following the monthly period, for which the amount or any
portion thereof should have been returned, until the date of payment.
(d) Giving of notice; manner of service. Promptly after making his determination, the Director of
Planning & Development shall give to the person written notice, to be served personally or by
mail in the manner prescribed for service of notice of a deficiency determination.
Sec. 2-2-36. Penalties and interest for failure to pay tax.
Any licensee who fails to pay the tax herein imposed to the Augusta-Richmond County
Commission, or fails to pay any amount of such tax required to be collected and paid to the
Commission, within the time required, shall pay a penalty of ten (10) percent of the tax, or
amount of the tax, in addition to the tax or amount of the tax, plus interest on the unpaid tax or
any portion thereof, as set forth in section 2-2-34 (b).
Sec. 2-2-37. Collection of tax.
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Item # 7
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(a) Security, Director of Planning & Development may exact; amount; sale of; notice of sale,
return of surplus. The Director of Planning & Development, whenever he deems it necessary to
ensure compliance with this article, may require any person subject hereto to deposit with him
such security as the director may determine. The amount of the security shall be fixed by the
director but shall not be greater than twice the person's estimated average liability for the period
for which he files returns, or determined in such a manner as the director deems proper. The
amount of the security may be increased by the Director of Planning & Development subject to
the limitations herein provided. The director may sell the security at public auction, with the
approval of the Augusta-Richmond County Commission, if it becomes necessary to do so in
order to recover any tax or any amount required to be collected, interest or penalty due. Notice of
the sale may be served upon the person who deposited the security personally or by mail; if by
mail, service shall be made in the manner prescribed for service of a notice of a deficiency
determination and shall be addressed to the person at his address as it appears in the records of
the Director of Planning & Development. Upon any sale, any surplus above the amounts due
shall be returned to the person who deposited the security.
(b) otice of delinquency to persons holding, credits o r property of delinquent; time for; duty of
persons so notified. If any person is delinquent in the payment of the amount required to be paid
by him, or in the event a determination has been made against him which remains unpaid, the
Director of Planning & Development may, not later than three (3) years after the payment
became delinquent, give notice thereof by registered mail to all persons in Augusta-Richmond
County having in their possession or under their control any credits or other personal property
belonging to the delinquent, or owing any debts to the delin-
quent. After receiving the notice, the persons so notified shall neither transfer nor make any other
disposition of the credits, other personal property or debts in their possession or under their
control at the time they receive the notice until the director consents to a transfer or disposition
or until twenty (20) days elapse after the receipt of the notice. All persons so notified shall,
within five (5) days after receipt of the notice, advise the director of all these credits, other
personal property, or debts in their possession, under their control or owing by them.
(c) Action for tax; time for. At any time within three (3) years after any tax or any amount of tax
required to be collected becomes due and payable and at any time within three (3) years after the
delinquency of any tax or any amount of tax required to be collected, the Director of Planning &
Development may bring an action in the courts of this state, or any other state, or of the United
States, in the name of the Augusta- Richmond County Commission, to collect the amount
delinquent, together with penalties and interest, court fees, filing fees, attorney's fees and other
legal fees incident thereto.
(d) Duty of successors or assignees of operator to withhold tax from purchase money. If any
operator liable for any amount under this article sells out his business or quits the business, his
successors or assigns shall withhold sufficient of the purchase price to cover such amount due
and owing until the former owner produces a receipt from the Director of Planning &
Development showing that he has been paid or a certificate stating that no amount is due.
(e) Liability for failure to withhold; certificate of notice of amount due; time to enforce
successor's liability. If the purchaser of a business fails to withhold the purchase price as
required under subsection (d) above, he becomes personally liable for the payment of the amount
required to be withheld by him to the extent of the purchase price valued in money. Within thirty
(30) days after receiving a written request from the purchaser for a certificate, the Director of
Planning & Development shall either issue the certificate or mail notice to the purchaser at his
Attachment number 1 \nPage 8 of 16
Item # 7
9
address as it appears on the records of the Director of Planning & Development of the amount
that must be paid as a condition of issuing the certificate. The time within which the obligation of
a successor may be enforced shall start to run at the time the operator sells out his business or at
the time that the determination against the operator becomes final, whichever event occurs later.
(f) Refund of tax, penalty or interest paid more than once or illegally collected. Whenever the
amount of any tax, penalty or interest has been paid more than once, or has been erroneously or
illegally collected or received by Richmond County, the City of Augusta, or Augusta-Richmond
County under this Ordinance, it may be offset as provided in section 2-2-34 (c) or it may be
refunded, provided a verified claim in writing therefor, stating the specific ground upon which
the claim is founded, is filed with the Director of Planning & Development within three (3) years
from the date of payment. The claim shall be audited and shall be made on forms provided by the
director. If the claim is approved by the director and the Augusta-Richmond County
Commission, the excess amount collected or paid may be refunded or may be credited on any
amounts then due and payable from the person from whom it was collected or by whom paid;
and the balance may be refunded to this person, his administrators or executors.
Sec. 2-2-38. Administration of article.
(a) Authority of Director of Planning & Development. The Director of Planning & Development
shall administer and enforce the provisions of this article for the levy and collection of the tax
imposed by this article.
(b) Rules and regulation. The Director of Planning & Development shall have the power and
authority to make and publish reasonable rules and regulations not inconsistent with this article
or other laws of Augusta-Richmond County and the State of Georgia, or the constitution of this
state or the United States for the administration and enforcement of the provisions of this article
and the collection of the taxes hereunder.
(c) Records required for operators, etc.; form. Every licensee for the sale of rooms, as defined in
section 2-2-27, in this county shall keep such records, receipts, invoices and other pertinent
papers in such form as the Director of Planning & Development may require.
(d) Examination of records; audits. The Director of Planning & Development, auditor of
Augusta-Richmond County, or any person authorized in writing by the director, may examine
the books, papers, records, financial reports, equipment and other facilities of any licensee liable
for the tax, in order to verify the accuracy of any return made, or if no return is made by the
licensee, to ascertain and determine the amount required to be paid.
(e) Authority to require reports; contents. In administration of the provisions of this article, the
Director of Planning & Development may require the filing of reports by any person or class of
persons having in such person's or persons' possession or custody information relating to sales of
rooms which are subject to the tax. The reports shall be filed with the Director of Planning &
Development when required by the director and shall set forth the price charged for each sale,
the date or dates of sale and such other
information as the Director of Planning & Development may require.
(f) Disclosure of business of operators, etc.; limitations on rule. The Director of Planning &
Development or any person having an administrative duty under this article shall not make
known in any manner the business affairs, operations or information obtained by an audit of
books, papers, records, financial reports, equipment and other facilities of any licensee or any
other person visited or examined in the discharge of official duty, or the amount of source of
income, profits, losses, expenditures or any particular thereof, set forth or disclosed in any return,
Attachment number 1 \nPage 9 of 16
Item # 7
10
or to permit any return or copy thereof or any book containing any abstract or particulars thereof
to be seen or examined by any person not having such administrative duty under this Ordinance,
except in the case of judicial proceedings or other proceedings necessary to collect the tax hereby
levied and assessed. Successors, receivers, trustees, executors, administrators, and assignees, if
directly interested, may be given information as to the items included in the measure and amount
of unpaid tax or amounts of tax required to be collected, interest and penalties.
Sec. 2-2-39. Revocation of license.
The continuous failure to pay the above prescribed tax shall render the dealer or person liable
therefor subject to revocation of their Business Occupation Tax Certificate in accordance with
the procedures set out in the Code of Augusta-Richmond County.
Sec. 2-2-40. Severability.
If any section, provision, or clause of any part of this Ordinance shall be declared invalid or
unconstitutional, or if the provisions of any part of this Ordinance as applied to any particular
situation or set of circumstances shall be declared invalid or unconstitutional, such individuality
shall not be construed to affect the portions of this Ordinance not so held to be invalid, or the
application of this Ordinance to other circumstances not so held to be invalid. It is hereby
declared as the intent that this Ordinance would have been adopted had such invalid portion not
been included herein.
Secs. 2-2-41—2-2-45. Reserved.
ARTICLE 5 LOCAL BUSIESS LICESE TAX O DEPOSITORY FIACIAL
ISTITUTIOS
Sec. 2-2-36 2-2-46. Tax imposed.
In accordance with O.C.G.A. § 48-6-93 et seq., there is hereby imposed on each depository
financial institution having an office located within Augusta-Richmond County an annual
business license tax at a rate of twenty-five one hundredth (0.25) percent of said financial
institution's "Georgia gross receipts," as defined in O.C.G.A. § 48-6-
95. The minimum annual amount of business license tax due from any depository financial
institution pursuant to this section shall be one thousand dollars ($1,000.00).
Sec. 2-2-37 2-2-47. Return.
Pursuant to O.C.G.A. § 48-6-93(c), every depository financial institution subject to the tax levied
in section 2-2-36(a), above, shall file a return of its gross receipts with theAugusta-Richmond
County Commission by March 1 of each year following the year in which such gross receipts are
measured. Said return shall be in the manner and in the form prescribed by the Commissioner of
the Department of Revenue based on the allocation method set forth in O.C.G.A. § 48-6-93(d).
The Augusta-Richmond County license and inspection department shall assess and collect the
tax levied pursuant to this Article based upon the information provided in said return.
Sec. 2-2-38 2-2-48. Due date.
Taxes levied pursuant to this Article shall be due no later than thirty (30) days after filing of the
return prescribed by section 2-2-34, above, unless extended by theAugusta-Richmond County
Commission.
Attachment number 1 \nPage 10 of 16
Item # 7
11
Secs. 2-2-49 — 2-2-59. Reserved.
ARTICLE 6 TAX IMPOSED
Sec. 2-2-50 2-2-60. Tax imposed.
In accordance with O.C.G.A. § 48-13-90 et seq., there is hereby levied and imposed an excise tax
at the rate of three (3) percent upon the rental charge collected by a rental motor vehicle concern
when such charge constitutes a taxable event for purpose of sales and use tax under Georgia law.
Sec. 2-2-51 2-2-61. Rental charges, rental motor vehicle and rental motor vehicle concern
defined.
(a) Rental charge. The total value received by a rental motor vehicle concern for the rental or
lease for thirty-one (31) or fewer consecutive days of a rental motor vehicle, including the total
cash and nonmonetary consideration for the rental or lease including, but not limited to, charges
based on time or mileage and charges for insurance coverage or collision damage waiver but
excluding all charges for motor fuel taxes or sales taxes.
(b) Rental motor vehicle. A motor vehicle designed to carry ten (10) or fewer passengers and
used primarily for the transportation of persons that is rented or leased without a driver
regardless of whether such vehicle is licensed in this state.
(c) Rental motor vehicle concern. A person or legal entity which owns or leases five (5) or more
rental motor vehicles and which regularly rents or leases such vehicles to the public for value.
Sec. 2-2-52 2-2-62 . Collection fee discount; penal ties for nonpayment.
Rental motor vehicle concerns collecting the rental car excise tax shall be allowed a percentage
of the tax due and accounted for in the amount of three (3) percent in the form of a deduction in
submitting, reporting, and paying the amount due, provided the amount due is not delinquent at
the time of payment. Upon the failure to make a timely report and remittance by the 20th day of
the month next succeeding the month in which such sales were made, such collection fee shall be
forfeited. Rental motor vehicle concerns shall pay such tax with such remittance form as
prescribed by the Augusta-Richmond County Commission. Failure to make a timely report and
remittance within thirty (30) days after the due date shall render a rental motor vehicle concern
liable for a penalty equal to ten (10) percent of the total amount due during the first thirty-day
period following the date such report and remittance were due; and a further penalty of five (5)
percent of the amount of such remittance for each successive thirty-day period, or any portion
thereof, during which such report and remittance are not filed.
Sec. 2-2-53 2-2-63. Verification of books and records.
All books and records of each rental motor vehicle concern shall be subject to inspection and
audit by Augusta-Richmond County to verify compliance with this article.
Sec. 2-2-54 2-2-64. Excise tax in addition to other taxes.
Attachment number 1 \nPage 11 of 16
Item # 7
12
The excise tax provided for herein above shall be in addition to any license fee or occupational
tax or charge which may now or in the future be imposed upon rental motor vehicle concerns
within Augusta-Richmond County.
Sec. 2-2-55 2-2-65. Proceeds to fund downtown parking facilities.
The rental car excise tax provided for herein shall be used for retirement of debt in connection
with the construction of the Riverfront Center Parking Deck, the Fort Discovery Parking Garage
and the Greene Street Parking Garage and for the maintenance and operation expenses of said
parking facilities, as provided in O.C.G.A. § 48-13-93.
Sec. 2-2-56 2-2-66. Termination.
The tax imposed pursuant to this article shall terminate not later than December 31, 2038, unless
earlier terminated by the Augusta-Richmond County Commission.
Sec. 2-2-67. Determinations, returns and payments.
(a) Due date of taxes. All taxes collected by any licensee or agent hereunder shall be due and
payable to the Director of Planning & Development of Augusta-Richmond County monthly on
or before the twentieth day of every month next succeeding each respective monthly period, as
set forth in section 2-2-52 herein.
(b) Return; time of filing; persons required to file; execution. On or before the twentieth day of
the month following each monthly period, a return for the preceding monthly period shall be
filed with the Director of Planning & Development of Augusta-Richmond County in such form
as the director may prescribe by every licensee or agent liable for the payment of tax hereunder.
(c) Contents of return. All returns shall show the gross receipts from the rental of motor vehicles,
as defined in section 2-2-51, amount of tax collected or authorized due for the related period, and
such other information as may be required by the Director of Planning & Development.
(d) Delivery of return and remittance. The person required to file the return shall deliver the
return, together with the remittance of the net amount of tax due to Planning & Development
Department, 1815 Marvin Griffin Road, Augusta, Ga. 30906, for Augusta-Richmond County.
(e) Collection fee allowed operators. Operators collecting the tax shall be allowed to receive a
percentage of the tax due and accounted for and shall be reimbursed in the form of a deduction in
submitting, reporting and paying the amount due, if said amount is not delinquent at the time of
payment. The rate of the deduction shall be the same rate authorized for deductions from state
tax under the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20,
1951 (Ga. Laws, P. 360) as now or hereafter amended.
Sec. 2-2-68. Deficiency determinations.
(a) Recomputation of tax; authority to make; basis of recomputation. If the Director of Planning
& Development is not satisfied with the return or returns of the tax, or the amount of the tax to
be paid to the Augusta-Richmond County Commission by any person, he may compute and
determine the amount required to be paid upon the basis of any information within his possession
or that may come into his possession. One or more than one deficiency determination may be
made of the amount due for one or more than one monthly period.
(b) Interest on deficiency. The amount of the deficiency determination, exclusive of penalties,
shall bear interest at the rate of one (1) percent per month or fraction thereof from the twentieth
day after the close of the monthly period in which the amount or any portion thereof should have
been returned until the date of payment.
Attachment number 1 \nPage 12 of 16
Item # 7
13
(c) Offsetting of overpayment. In making a deficiency determination, the Director of Planning &
Development may offset overpayment, for a period or periods, against underpayment, for
another period or periods, against penalties, and against the interest on underpayment. The
interest on overpayment shall be computed in the manner set forth in subsection (b) above.
(d) Penalty; negligence or disregard of rules and regulations. If any part of the deficiency for
which a deficiency determination has been made is due to negligence or disregard of rules and
regulations, a penalty of twenty (20) percent of the amount of such deficiency shall be added
thereto.
(e) Penalty for fraud or intent to evade. If any part of the deficiency for which a deficiency
determination is made is due to fraud or intent to evade any provisions of this article or other
authorized rules and regulations, a penalty of fifty (50) percent of the deficiency shall be added
thereto.
(f) otice of Director of Planning & Development’s determination; service of. The Director of
Planning & Development, or his designated representative, shall give to the licensee written
notice of his deficiency determination. The notice may be served personally or by mail; if by
mail such service shall be pursuant to O.C.G.A. § 9-11-4 and shall be addressed to the licensee
at his address as it appears in the records of the Director of Planning & Development. In case of
service by mail of any notice required by this article, the service is complete at the time of
deposit in the United States Post Office.
(g) Time within which notice of deficiency determination to be mailed. Except in the case of
fraud, intent to evade this article or authorized rules or regulations, or failure to make a return,
every notice of a deficiency determination shall be mailed within three (3) years after the
twentieth day of every month following the monthly period for which the amount is proposed to
be determined, or within three (3) years after the return is filed, whichever period should last
expire.
Sec. 2-2-69. Determination if no return made.
(a) Estimate of gross receipts. If any licensee fails to make a return, the Director of Planning &
Development shall make an estimate of the amount of the gross receipts of the licensee, or as the
case may be, of the amount of the total sales in Augusta-Richmond County which are subject to
the tax. The estimate shall be made for the period or periods in respect to which the licensee
failed to make the return and shall be based upon any information which is in, or may come into,
the possession of the Director of Planning & Development. Upon the basis of this estimate, the
Director of Planning & Development shall compute and determine the amount required to be
paid the Commission, adding to the sum thus determined a penalty equal to fifteen (15) percent
thereof. One (1) or more deficiency determinations may be made for one (1) or for more than one
(1) period.
(b) Manner of computation; offsets; interest. In making a determination under this section, the
Director of Planning & Development may offset overpayment for a period or penalties against
the interest on the underpayment. The interest on underpayment shall be computed in the manner
set forth in section 2-2-68 (c).
(c) Interest on amount found due. The amount of the determination under this section, exclusive
of penalties, shall bear interest at the rate of one (1) percent per month, or fraction thereof, from
the twentieth day of the month following the monthly period, for which the amount or any
portion thereof should have been returned, until the date of payment.
Attachment number 1 \nPage 13 of 16
Item # 7
14
(d) Giving of notice; manner of service. Promptly after making his determination, the Director of
Planning & Development shall give to the person written notice, to be served personally or by
mail in the manner prescribed for service of notice of a deficiency determination.
Sec. 2-2-70. Penalties and interest for failure to pay tax.
Any licensee who fails to pay the tax herein imposed to the Augusta-Richmond County
Commission, or fails to pay any amount of such tax required to be collected and paid to the
Commission, within the time required, shall pay a penalty of ten (10) percent of the tax, or
amount of the tax, in addition to the tax or amount of the tax, plus interest on the unpaid tax or
any portion thereof, as set forth in section 2-2-68 (b).
Sec. 2-2-71. Collection of tax.
(a) Security, Director of Planning & Development may exact; amount; sale of; notice of sale,
return of surplus. The Director of Planning & Development, whenever he deems it necessary to
ensure compliance with this article, may require any person subject hereto to deposit with him
such security as the director may determine. The amount of the security shall be fixed by the
director but shall not be greater than twice the person's estimated average liability for the period
for which he files returns, determined in such a manner as the director deems proper, or ten
thousand dollars ($10,000.00), whichever amount is the lesser. The amount of the security may
be increased by the Director of Planning & Development subject to the limitations herein
provided. The director may sell the security at public auction, with the approval of the Augusta-
Richmond County Commission, if it becomes necessary to do so in order to recover any tax or
any amount required to be collected, interest or penalty due. Notice of the sale may be served
upon the person who deposited the security personally or by mail; if by mail, service shall be
made in the manner prescribed for service of a notice of a deficiency determination and shall be
addressed to the person at his address as it appears in the records of the Director of Planning &
Development. Upon any sale, any surplus above the amounts due shall be returned to the person
who deposited the security.
(b) otice of delinquency to persons holding, credits o r property of delinquent; time for; duty of
persons so notified. If any person is delinquent in the payment of the amount required to be paid
by him, or in the event a determination has been made against him which remains unpaid, the
Director of Planning & Development may, not later than three (3) years after the payment
became delinquent, give notice thereof by registered mail to all persons in Augusta-Richmond
County having in their possession or under their control any credits or other personal property
belonging to the delinquent, or owing any debts to the delinquent. After receiving the notice, the
persons so notified shall neither transfer nor make any other disposition of the credits, other
personal property or debts in their possession or under their control at the time they receive the
notice until the director consents to a transfer or disposition or until twenty (20) days elapse after
the receipt of the notice. All persons so notified shall, within five (5) days after receipt of the
notice, advise the director of all these credits, other personal property, or debts in their
possession, under their control or owing by them.
(c) Action for tax; time for. At any time within three (3) years after any tax or any amount of tax
required to be collected becomes due and payable and at any time within three (3) years after the
delinquency of any tax or any amount of tax required to be collected, the Director of Planning &
Development may bring an action in the courts of this state, or any other state, or of the United
States, in the name of the Augusta- Richmond County Commission, to collect the amount
Attachment number 1 \nPage 14 of 16
Item # 7
15
delinquent, together with penalties and interest, court fees, filing fees, attorney's fees and other
legal fees incident thereto.
(d) Duty of successors or assignees of operator to withhold tax from purchase money. If any
operator liable for any amount under this article sells out his business or quits the business, his
successors or assigns shall withhold sufficient of the purchase price to cover such amount due
and owing until the former owner produces a receipt from the Director of Planning &
Development showing that he has been paid or a certificate stating that no amount is due.
(e) Liability for failure to withhold; certificate of notice of amount due; time to enforce
successor's liability. If the purchaser of a business fails to withhold the purchase price as
required under subsection (d) above, he becomes personally liable for the payment of the amount
required to be withheld by him to the extent of the purchase price valued in money. Within thirty
(30) days after receiving a written request from the purchaser for a certificate, the Director of
Planning & Development shall either issue the certificate or mail notice to the purchaser at his
address as it appears on the records of the Director of Planning & Development of the amount
that must be paid as a condition of issuing the certificate. The time within which the obligation of
a successor may be enforced shall start to run at the time the operator sells out his business or at
the time that the determination against the operator becomes final, whichever event occurs later.
(f) Refund of tax, penalty or interest paid more than once or illegally collected. Whenever the
amount of any tax, penalty or interest has been paid more than once, or has been erroneously or
illegally collected or received by Richmond County, the City of Augusta, or Augusta-Richmond
County under this Ordinance, it may be offset as provided in section 2-2-68 (c) or it may be
refunded, provided a verified claim in writing therefor, stating the specific ground upon which
the claim is founded, is filed with the Director of Planning & Development within three (3) years
from the date of payment. The claim shall be audited and shall be made on forms provided by the
director. If the claim is approved by the director and the Augusta-Richmond County
Commission, the excess amount collected or paid may be refunded or may be credited on any
amounts then due and payable from the person from whom it was collected or by whom paid;
and the balance may be refunded to this person, his administrators or executors.
Sec. 2-2-72 Administration of article.
(a) Authority of Director of Planning & Development. The Director of Planning & Development
shall administer and enforce the provisions of this article for the levy and collection of the tax
imposed by this article.
(b) Rules and regulation. The Director of Planning & Development shall have the power and
authority to make and publish reasonable rules and regulations not inconsistent with this article
or other laws of Augusta-Richmond County and the State of Georgia, or the constitution of this
state or the United States for the administration and enforcement of the provisions of this article
and the collection of the taxes hereunder.
(c) Records required for operators, etc.; form. Every licensee for the sale of rooms, as defined in
section 2-2-27, in this county shall keep such records, receipts, invoices and other pertinent
papers in such form as the Director of Planning & Development may require.
(d) Examination of records; audits. The Director of Planning & Development, auditor of
Augusta-Richmond County, or any person authorized in writing by the director, may examine
the books, papers, records, financial reports, equipment and other facilities of any licensee liable
for the tax, in order to verify the accuracy of any return made, or if no return is made by the
licensee, to ascertain and determine the amount required to be paid.
Attachment number 1 \nPage 15 of 16
Item # 7
16
(e) Authority to require reports; contents. In administration of the provisions of this article, the
Director of Planning & Development may require the filing of reports by any person or class of
persons having in such person's or persons' possession or custody information relating to sales of
rooms which are subject to the tax. The reports shall be filed with the Director of Planning &
Development when required by the director and shall set forth the price charged for each sale,
the date or dates of sale and such other information as the Director of Planning & Development
may require.
(f) Disclosure of business of operators, etc.; limitations on rule. The Director of Planning &
Development or any person having an administrative duty under this article shall not make
known in any manner the business affairs, operations or information obtained by an audit of
books, papers, records, financial reports, equipment and other facilities of any licensee or any
other person visited or examined in the discharge of official duty, or the amount of source of
income, profits, losses, expenditures or any particular thereof, set forth or disclosed in any return,
or to permit any return or copy thereof or any book containing any abstract or particulars thereof
to be seen or examined by any person not having such administrative duty under this Ordinance,
except in the case of judicial proceedings or other proceedings necessary to collect the tax hereby
levied and assessed. Successors, receivers, trustees, executors, administrators, and assignees, if
directly interested, may be given information as to the items included in the measure and amount
of unpaid tax or amounts of tax required to be collected, interest and penalties.
Sec. 2-2-73. Revocation of license.
The continuous failure to pay the above prescribed tax shall render the dealer or person liable
therefor subject to revocation of their Business Occupation Tax Certificate in accordance with
the procedures set out in the Code of Augusta-Richmond County.
Sec. 2-2-74. Severability.
If any section, provision, or clause of any part of this Ordinance shall be declared invalid or
unconstitutional, or if the provisions of any part of this Ordinance as applied to any particular
situation or set of circumstances shall be declared invalid or unconstitutional, such individuality
shall not be construed to affect the portions of this Ordinance not so held to be invalid, or the
application of this Ordinance to other circumstances not so held to be invalid. It is hereby
declared as the intent that this Ordinance would have been adopted had such invalid portion not
been included herein.
Attachment number 1 \nPage 16 of 16
Item # 7
Public Service Committee Meeting
9/8/2014 12:45 PM
Reeves Construction Change Modification #1 - Credit Card Lot Repairs
Department:Augusta Regional Airport
Caption:Approve the Reeves Construction Change Modification #1 for the
Credit Card Lot Repairs as approved by the Augusta Aviation
Commission at their August 28, 2014 Meeting.
Background:The original scope of work provides for the repair of the Credit
Card Parking Lot at the Augusta Regional Airport, and shall be
performed by Reeves Construction for a contract amount of
$336,100.50. This change order modifies the original construction
costs due to the Airport providing the gate equipment for the lots
and additional asphalt at the entrance to the lot
Analysis:As a result of this Change Order, a credit in the amount of
$26,882.00 will be made the original contract costs. Therefore, the
new Contract Amount will be $309,218.50. The contract time will
remain the same.
Financial Impact:A credit to the original contract of $26,882.00.
Alternatives:Deny request.
Recommendation:Approve the Credit Change Modification to Reeves Construction
in the amount of $26,882.00.
Funds are Available
in the Following
Accounts:
551 08 1201 5421110
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Cover Memo
Item # 8
Administrator.
Clerk of Commission
Cover Memo
Item # 8
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