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Home My WebLink About2018-05-08 Meeting AgendaPublic Service Committee Meeting Commission Chamber- 5/8/2018- 1:00 PM PUBLIC SERVICES 1.Motion to approve award of Bid Item 18-166, Augusta Aquatic Center Timing, Scoreboard and Display System to Colorado Time System for $109,000. Attachments 2.Motion to adopt the Daniel Field Airport General Aviation Commission's (DNL GAC) recommendation to terminate the agreement between Augusta, Georgia, acting through the DNL GAC, and WK Dickson, and to authorize the Mayor to execute the appropriate documents to effectuate the termination. Attachments 3.Motion to approve the minutes of the Public Services Committee held on April 24, 2018.Attachments 4.Consider draft ordinance in association with a request from BreathEasy Augusta coalition relative to working to pass a comprehensive smoke-free ordinance for Augusta-Richmond County. Attachments 5.Request for a One-Hour Waiver of the Noise Ordinance at the Augusta Common June 22, 2018/Beats on Broad/Augusta Pride 2018. Attachments 6.Motion to approve playground equipment purchase as designated in SPLOST VII as part of RFP Item #17-275 for $1,279,041.24. (Warren Rd. Park, Henry Brigham Park, McDuffie Wood Park, Gracewood Park, Hickman Park, Dyess Park, Minnick Park, Wood Park, and Hillside Park) Attachments www.augustaga.gov Public Service Committee Meeting 5/8/2018 1:00 PM Augusta Aquatic Center Timing, Scoreboard and Display System Department:Recreation and Parks Presenter:Glenn Parker Caption:Motion to approve award of Bid Item 18-166, Augusta Aquatic Center Timing, Scoreboard and Display System to Colorado Time System for $109,000. Background:Funding has been identified through SPLOST VII to conduct improvements at the Augusta Aquatic Center. One of the items in need of replacement is the timing, scoreboard and video display system that was originally installed in 1999 when the Augusta Aquatic Center opened its doors for the first time. The new video display board system will allow Augusta to stay competitive in attracting swimming and diving events for our community. Analysis:Augusta solicited proposals for the new timing, scoreboard and display system. Twenty-One (21) bid specifications were mailed out with a total of three (3) bid submittals received. Of those three, one (1) bid was non-compliant. Based on staff evaluation of the two (2) remaining bids, the Department is recommending award of bid item 18-166 to Colorado Time System as the low, responsive bidder to meet all of the required services contained in the bid package in the amount of $109,000. Financial Impact:Total bid amount of award is $109,000. Augusta will be reimbursed $15,000 through a Community Foundation grant secured by the Aiken-Augusta Swim League to be applied for this new video display system. Augusta’s final financial commitment to this project will be $94,000. Alternatives:1. To Approve the award of Bid Item 18-166 to Colorado Time System for $109,000. 2. Move No Action thus delaying the improvements scheduled for the Augusta Aquatic Center and forfeit on the Community Foundation’s $15,000 grant opportunity. Cover Memo Item # 1 Recommendation:1. Move to Approve. Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN ACCOUNT: 329061110 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 1 Invitation to Bid Sealed bids will be received at this office until Friday March 16, 2018 @ 11:00 a.m. for furnishing: Bid Item #18-166 Augusta Aquatic Center Timing, Scoreboard and Display System for Augusta, GA – Recreation and Parks Department Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. 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, March 2, 2018 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. No bids may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle February 8, 15, 22, March 1, 2018 Metro Courier February 8, 2018 Attachment number 1 \nPage 1 of 1 Item # 1 OFFICIAL Vendor Sports Timing 3537 Ashwycke St Mount Pleasant, SC 29466 Daktronics, Inc 201 Daktronics Dr Brookings, SD 57006 Colorado Time Systems 1551 East 11th Street Loveland, CO 80537 Attachment B Yes / No Business License Yes Yes E-Verify Number 1278064 149017 1279196 SAVE Form Yes Yes Yes Make Colorado Time Systems Daktronics, Inc Colorado Time System Model Pre Bid Specs DVN-933-10MN-2000-BC-MC- 320x576, T7078, HS-200, DS-1059 Y5C10mm320x576, SS,R-SJ-25, LS40-10, Sp-6145, TP-78G Bid Price $107,500.00 / Non-Compliant $143,860.00 $109,000.00 Timing, Scoreboard and Display System Total Number Specifications Mailed Out: 21 Total Number Specifications Download (Demandstar): Total Electronic Notifications (Demandstar): Mandatory/ Pre-Bid/Telephone Conference attendees: NA Local Vendors: 0 Total packages submitted: 3 Total Non-Compliant: 1 Bid Item #18-166 Augusta Aquatic Center Timing, Scoreboard and Display System for Augusta, Georgia – Recreation & Parks Department Bid Date: Friday, March 16, 2018 @ 11:00 a.m. Page 1 of 1 Attachment number 2 \nPage 1 of 1 Item # 1 Attachment number 3 \nPage 1 of 3 Item # 1 Attachment number 3 \nPage 2 of 3 Item # 1 Attachment number 3 \nPage 3 of 3 Item # 1 Attachment number 4 \nPage 1 of 1 Item # 1 Public Service Committee Meeting 5/8/2018 1:00 PM Daniel Field Airport Consultant Status Department:Daniel Field Airport Presenter:Becky Shealy Caption:Motion to adopt the Daniel Field Airport General Aviation Commission's (DNL GAC) recommendation to terminate the agreement between Augusta, Georgia, acting through the DNL GAC, and WK Dickson, and to authorize the Mayor to execute the appropriate documents to effectuate the termination. Background:The FAA requires airports to conduct a consultant selection process at least every 5 years. The DNL GAC went through the selection process in 2015, and selected WK Dickson as the consultant of record for civil and engineering services in January 2016. At its regularly held meeting on April 16, 2018, the DNL GAC voted its intent to terminate for convenience the Contract for Professional Services between Augusta, Georgia through the General Aviation Commission and WK Dickson. The attached letter was sent to Mr. David Peeler, President/CEO of WK Dickson, stating the intentions of the DNL GAC. To date, Mr. Peeler has not requested a consultation between himself and the DNL GAC. Analysis:The DNL GAC will soon be without a civil/engineering consultant of record upon the termination of the agreement with WK Dickson. The General Aviation Commission is in the process of submitting information to the Augusta, Georgia Procurement Department for the solicitation of Requests for Qualifications, RFQ, for an airport consultant. Financial Impact:The DNL GAC has paid all outstanding invoices owed to WK Dickson. Alternatives:There are no alternatives. Recommendation: Cover Memo Item # 2 Adopt and approve the DNL GAC's recommendation to terminate the agreement with WK Dickson. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Procurement. Finance. Law. Administrator Clerk of Commission Cover Memo Item # 2 Attachment number 1 \nPage 1 of 1 Item # 2 Attachment number 2 \nPage 1 of 1 Item # 2 Public Service Committee Meeting 5/8/2018 1:00 PM Minutes Department:Clerk of Commission Presenter: Caption:Motion to approve the minutes of the Public Services Committee held on April 24, 2018. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 3 Public Service Committee Meeting Commission Chamber - 4l24l2\l8 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; Guilfoyle, Chairman; Fennoy, Vice Chairman; Davis and M. Williams, members. PT]BLIC SERVICES 1. New Applicant: A.N. 18-14: A request by John David Wier for an on Item premise consumption Liquor, Beer & Wine License to be used in connection Action: with Noble Jones, LLC located at 816 Cotton Lane. District 1. Super District Approved 9. Motions f#:"t Motion Text Made By Seconded By Motion to ^ aDDrove.APProve uotio, passes 4-0. Commissioner Commissioner Mary Davis Marion Williams Passes Seconded By Motion Result Motion Result 2. New Applicant: A.N. 18-15: A request by Samrat K. Brahmbhatt for a retail Item package Beer & Wine License to be used in connection with Sawa Kendra, Action: LLC dba Split Stop 2161 located at 216l Gordon Highway. District 5. Super Approved District 9. Motions Motion Motion Textrype Motion to . aDDrove.APProve vtotio, passes 4-0. Made By Commissioner Mary Davis Commissioner Marion williams Passes Attachment number 1 \nPage 1 of 4 Item # 3 3. New Ownership Application: A.N. 18-16: A request by Samrat K. Item Brahmbhatt for a retail package Beer & Wine License to be used in connection Action: with Sawa Kendra LLC dba Split Stop 1200 located at l2}}Interstate Pk,.y. Approved District 3. Super District 10. Motions Y:tl"' Motion Text Made By seconded By Motion|YPe - ----- -'t Result Motion to Approve il5#.asses ;r:TH';;?'t'L, ;r:tTXlJ" Passes 4-0. 4. Discussion: A request by Tera Ashley Montroy for a Massage Operator's Item License on an Outcall Basis to used in connection with Massage etceTERA Action: located at2525 Centerwest PKWY APT 7G. DistrictT. Super District 10. Approved seconded By Motion Result Motion to Approve il5#rasses $"'il#,ii;:ffi:, i,:tH#iJ.' Passes 4-0. 5. Approve amendments to the Augusta, Georgia Code, Title 6, Chapter 2, Item Article 1, Alcoholic Beverages, to include additional definitions, amendments Action: to comply with State regulations, and amendments for regulating brewpubs, Approved breweries, and distilleries. Motions r#:"" Motion rext Made Bv Motions +^#:" Motion rext Made Bv Motion to ^ aDDrove.APProve vrotion passes 4-0. Seconded By Commissioner Commissioner Mary Davis Marion Williams Motion Result Passes 6. Ms. Tonya Bonitatibus requesting the City of Augusta to move forward Itemwith hiring Mclaughlin Group to create concept drawings for the Action: Rescheduled Attachment number 1 \nPage 2 of 4 Item # 3 Whitewater Center included in Destination Blueprint adopted by the city on June 6,2017. Motions X:j1" Motion Text Made By seconded By MotionI'YPe - ---- -r Result Motion to refer this item to the full CommissionerDefer Commission with no :,o-T:troner Marion passes recommendation. Ivrary l,avls williams Motion Passes 4-0. 7. Motion to approve 2018 Transportation Security Clearinghouse Service ltemAgreement. Action: Approved Motions Motion r- ,. m Motion- ----- Motion Text Made By Seconded By'I'ype - ------ -'t --------- -J Result Motion to A .^_..^--^ approve. Commissioner CommissionerApprove Motion passes Mary Davis Marion williams Passes 4-0. 8. Motion to approve the minutes of the Public Services Committee held on Item April 10,2018. Action: Approved Motions Motion r{ ,. ,- . r, r Motion;----- Motion Text Made By Seconded ByrYPe ' ---- -r Result Motion to ^ aoprove. Commissioner CommissionerApprove .'-'_-,_ - ,-;- --:*-. ---^ ---"'^:^"'::::.:.-^ passes-rr- - ' - Motion Passes Mary Davis Marion Williams 4_0. 9. Motion to approve Bid Item #18-121, Mobile Stage for Augusta Recreation Item and Parks Department, to Century Industries for $ 189,324. Action: Approved Motions X:11" Motion Text Made By seconded By MotionIYPe - ---- -r Result Attachment number 1 \nPage 3 of 4 Item # 3 Approve Motion to Commissioner Commissioner Passesapprove. Mary Davis Marion Williams Motion Passes 4_0. www.auqustaqa.qov Attachment number 1 \nPage 4 of 4 Item # 3 Public Service Committee Meeting 5/8/2018 1:00 PM Ms. Alora Martinez BreathEasy Augusta Department: Presenter:Ms. Alora Martinez Caption:Consider draft ordinance in association with a request from BreathEasy Augusta coalition relative to working to pass a comprehensive smoke-free ordinance for Augusta-Richmond County. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 4 Introduce myself 1 Attachment number 1 \nPage 1 of 12 Item # 4 Name who is in the audience: Family Y, for example, or representatives from Medical College of Georgia 2 Attachment number 1 \nPage 2 of 12 Item # 4 Danielle The proposed smokefree ordinance will follow the model presented by the city of Savannah, with some key exceptions for Augusta: no outdoor events, no vehicles. Vaping was not in vogue when Savannah passed its ordinance, but like them, we will provide an exception for hookah shops and vape shops 3 Attachment number 1 \nPage 3 of 12 Item # 4 Second bullet: According to Economic Impact Evaluation of the 2010 Savannah Smoke-Free Air Ordinance” by the Chronic Disease, Healthy Behavior and Injury Epidemiology Section and the Georgia Tobacco Use Prevention Program of the Georgia Department of Public Health Third bullet: Roswell Park Cancer Institute report http://www.savannahnow.com/news/2017-06-03/it-made-our-lives-better-post- savannah-smoking-ban-disease-down-and-business-steady: •36 percent drop in heart disease death over ordinance’s first four years; cautiously excited 4 Attachment number 1 \nPage 4 of 12 Item # 4 Other Georgia counties with smokefree ordinances rank in the top 10, 20 and 30. Even smokers say they prefer smoke-free restaurants and bars. According to the Georgia DPH, 71 percent of smokers say that smoking shouldn’t be allowed in restaurants, 69 percent say it shouldn’t be allowed in workplaces. According to the Georgia DPH, 90 Percent of Georgians support adopting a policy where tobacco use indoors and in outdoor public places should be restricted. A national poll found that 45% of smokers thought restaurants and bars should be smoke-free. (The Mellman Group, Inc. for the Robert Wood Johnson Foundation and the Campaign for Tobacco-Free Kids, national opinion poll, July 2011.) That same national poll found that 84% of voters say the “rights of customers and employees to breathe clean air in restaurants and bars”is more important than the “rights of smokers to smoke inside restaurants and bars”(7%). When you start looking at the numbers, you’ll quickly see that if you are still allowing smoking in your business, you are ignoring the majority of potential customers and catering to a very small piece of the pie. 5 Attachment number 1 \nPage 5 of 12 Item # 4 Danielle: What’s the bottom line? A healthier community The cardiovascular benefits were greater in locations with comprehensive legislation than in those with partial bans (Jones et al., 2014). (J GPHA) 6 Attachment number 1 \nPage 6 of 12 Item # 4 •Major U.S. travel destinations such as NYC, Miami, Boston and LA have all enacted smoke-free laws. •Tourism increased after smoke-free policies were enacted in New York, California, Florida, Utah, etc. •Major hotel chairs including Westin, Marriott (all brands), Ritz Carlton, Sheraton, Disney, Comfort Suites and others have all gone smoke-free. •Sales tax receipts show smoke-free policies do not affect restaurant revenue or alcohol sales in bars. 7 Attachment number 1 \nPage 7 of 12 Item # 4 The City of Savannah Smokefree Air Ordinance of 2010 had no impact on taxable sales revenue for bars and full-service restaurants in Chatham County after adjusting for time, seasonality, unemployment rate, and overall sales in all other sectors. These findings are consistent with numerous national and international studies also documenting the neutral impact of smoke-free ordinances on restaurant and bar business1,10-14. This finding is documented by the 2006 U.S. Surgeon General’s Report, “The Health Consequences of Involuntary Exposure to Tobacco Smoke”1 , and the 2009 International Agency for Research on Cancer (IARC) Report, “Evaluating the Effectiveness of Smoke-Free Policies10”. The 2006 Surgeon General's report on secondhand smoke specifically concluded that “evidence from peerreviewed studies shows that smoke-free policies and regulations do not have an adverse economic impact on the hospitality industry1 .” The IARC report states, “smoke-free policies do not adversely affect the business activity of restaurants and bars10. --from the Georgia DPH’s Economic Impact Evaluation of the 2010 Savannah Smokefree Air Ordinance 8 Attachment number 1 \nPage 8 of 12 Item # 4 Danielle: Smokefree ordinances are happening everywhere. Southeast is stroke belt, due to increased risk of heart attack and stroke Map of obesity rates similar pattern 9 Attachment number 1 \nPage 9 of 12 Item # 4 Alora 10 Attachment number 1 \nPage 10 of 12 Item # 4 Alora: Most of us know smoking and tobacco use isn’t a good idea Landmark report There is no safe level of exposure to secondhand smoke. 1,430 adult nonsmokers in Georgia die each year from exposure to secondhand smoke, according to Georgia DPH. Exposure to secondhand smoke has immediate adverse effects on the cardiovascular system, interfering with normal functioning of the heart, blood, and vascular systems. Even a brief exposure can damage the lining of blood vessels, making platelets become stickier and lead to heart attack, according to AHA. Five minutes of breathing secondhand smoke is equal to smoking a cigarette. Inhaling secondhand smoke causes lung cancer in nonsmoking adults (DHHS, 2006), and living with a smoker increases a nonsmoker's chances of developing lung cancer by 20% to 30% (DHHS, 2006, 2010). Secondhand smoke causes disease and premature death in nonsmoking adults and children (DHHS, 2010). Exposure to secondhand smoke may increase the risk of heart disease by 25% to 30% (IOM, 2010) and the risk of stroke by 20% to 30% (DHHS, 2014). Pregnant women exposed to secondhand smoke are at risk of having a baby with low birth weight (DHHS, 2010). Children exposed to secondhand smoke are at an increased risk of ear infections, 11 Attachment number 1 \nPage 11 of 12 Item # 4 colds, pneumonia, and bronchitis, and worsening of asthma symptoms (National Cancer Institute, 2014;DHHS, 2010;Been et al. 2014). The economic costs of secondhand smoke are enormous, with communities of color bearing the greatest burden (Max et al. 2012). 11 Attachment number 1 \nPage 12 of 12 Item # 4 Page 1 of 21 Version 5-8-2018 ORDINANCE NO. ___________ AN ORDINANCE TO AMEND THE AUGUSTA, GA CODE, TITLE FOUR, BY ADDING A NEW ARTICLE TO BE DESIGNATED ARTICLE 7 AND NEW SECTIONS TO BE DESIGNATED SECTIONS 4-2-77 THROUGH 4-2-97; TO REPEAL AUGUSTA, GA CODE TITLE FOUR, SECTION 4-2-1; TO RESTRICT SMOKING AND THE USE OF E-CIGARETTES IN PUBLIC PLACES AND IN PLACES OF PUBLIC ACCOMMODATION; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. Whereas, secondhand smoke kills approximately 1,500 Georgia citizens every year; and Whereas, 21% of adults in Augusta still exposed to secondhand smoke at work; and Whereas, Richmond County ranks 124 out of 159 Georgia counties in health; and Whereas, according to the Economic Impact Evaluation of the 2010 Savannah Smoke-Free Air Ordinance by the Chronic Disease, Healthy Behavior and Injury Epidemiology Section and the Georgia Tobacco Use Prevention Program of the Georgia Department of Public Health, there was a 94% decrease in indoor air pollution after 1 year and no impact on taxable sales revenue for bars and full-service restaurants after adjusting for time, seasonality, etc; and Whereas, the 2006 U.S. Surgeon General's Report, the Health Consequences of Involuntary Exposure to Tobacco Smoke, has concluded that: (1) secondhand smoke exposure causes disease and premature death in children and adults who do not smoke; (2) children exposed to secondhand smoke are at an increased risk for sudden infant death syndrome (SIDS), acute respiratory problems, ear infections, and asthma attacks, and that smoking by parents causes respiratory symptoms and slows lung growth in their children; (3) exposure of adults to secondhand smoke has immediate adverse effects on the cardiovascular system and causes coronary heart disease and lung cancer; (4) there is no risk-free level of exposure to secondhand smoke; (5) establishing smokefree workplaces is the only effective way to ensure that secondhand smoke exposure does not occur in the workplace, because ventilation and other air cleaning technologies cannot completely control for exposure of nonsmokers to secondhand smoke; and (6) evidence from peer-reviewed studies shows that Attachment number 2 \nPage 1 of 21 Item # 4 Page 2 of 21 Version 5-8-2018 smokefree policies and laws do not have an adverse economic impact on the hospitality industry; and Whereas, according to the 2010 U.S. Surgeon General's Report, How Tobacco Smoke Causes Disease, even occasional exposure to secondhand smoke is harmful and low levels of exposure to secondhand tobacco smoke lead to a rapid and sharp increase in dysfunction and inflammation of the lining of the blood vessels, which are implicated in heart attacks and stroke; and Whereas, numerous studies have found that tobacco smoke is a major contributor to indoor air pollution, and that breathing secondhand smoke (also known as environmental tobacco smoke) is a cause of disease in healthy nonsmokers, including heart disease, stroke, respiratory disease, and lung cancer. The National Cancer Institute determined in 1999 that secondhand smoke is responsible for the early deaths of approximately 53,000 Americans annually; and Whereas, The Public Health Service’s National Toxicology Program (NTP) has listed secondhand smoke as a known carcinogen; and Whereas, there is indisputable evidence that implementing 100% smoke-free environments is the only effective way to protect the population from the harmful effects of exposure to secondhand smoke; and Whereas, in reviewing 11 studies concluding that communities see an immediate reduction in heart attack admissions after the implementation of comprehensive smokefree laws, the Institute of Medicine of the National Academies concluded that data consistently demonstrate that secondhand smoke exposure increases the risk of coronary heart disease and heart attacks and that smokefree laws reduce heart attacks, and Whereas, a significant amount of secondhand smoke exposure occurs in the workplace. Employees who work in smoke-filled businesses suffer a 25-50% higher risk of heart attack and higher rates of death from cardiovascular disease and cancer, as well as increased acute respiratory disease and measurable decrease in lung function; and Whereas, secondhand smoke is particularly hazardous to elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease. The Americans With Disabilities Act, which requires that disabled persons have access to public places and workplaces, deems impaired respiratory function to be a disability; and Attachment number 2 \nPage 2 of 21 Item # 4 Page 3 of 21 Version 5-8-2018 Whereas, the U.S. Centers for Disease Control and Prevention has determined that the risk of acute myocardial infarction and coronary heart disease associated with exposure to tobacco smoke is non-linear at low doses, increasing rapidly with relatively small doses such as those received from secondhand smoke or actively smoking one or two cigarettes a day, and has warned that all patients at increased risk of coronary heart disease or with known coronary artery disease should avoid all indoor environments that permit smoking; and Whereas, unregulated high-tech smoking devices, commonly referred to as electronic cigarettes, or “e- cigarettes,” closely resemble and purposefully mimic the act of smoking by having users inhale vaporized liquid nicotine created by heat through an electronic ignition system. After testing a number of electronic cigarettes from two leading manufacturers, the Food and Drug Administration (FDA) determined that various samples tested contained not only nicotine but also detectable levels of known carcinogens and toxic chemicals, including tobacco-specific nitrosamines and diethylene glycol, a toxic chemical used in antifreeze. The FDA’s testing also suggested that “quality control processes used to manufacture these products are inconsistent or non-existent.” According to a more recent study, electronic cigarette emissions are made up of a high concentration of ultrafine particles, and the particle concentration is higher than in conventional tobacco cigarette smoke. Electronic cigarettes produce an aerosol or vapor of undetermined and potentially harmful substances, which may appear similar to the smoke emitted by traditional tobacco products. Their use in workplaces and public places where smoking of traditional tobacco products is prohibited creates concern and confusion and leads to difficulties in enforcing the smoking prohibitions. The World Health Organization (WHO) recommends that electronic smoking devices not be used indoors, especially in smokefree environments, in order to minimize the risk to bystanders of breathing in the aerosol emitted by the devices and to avoid undermining the enforcement of smokefree laws; and Whereas, the Society of Actuaries has determined that secondhand smoke costs the U.S. economy roughly $10 billion a year: $5 billion in estimated medical costs associated with secondhand smoke exposure and $4.6 billion in lost productivity, and Whereas, numerous economic analyses examining restaurant and hotel receipts and controlling for economic variables have shown either no difference or a positive economic impact after enactment of laws requiring workplaces to be smokefree. Creation of smokefree workplaces is sound economic policy and provides the maximum level of employee health and safety; and Attachment number 2 \nPage 3 of 21 Item # 4 Page 4 of 21 Version 5-8-2018 Whereas, there is no legal or constitutional “right to smoke.” Business owners have no legal or constitutional right to expose their employees and customers to the toxic chemicals in secondhand smoke. On the contrary, employers have a common law duty to provide their workers with a workplace that is not unreasonably dangerous, and Whereas, smoking is a potential cause of fires; cigarette and cigar burns and ash stains on merchandise and fixtures causes economic damage to businesses; and Whereas, the smoking of tobacco, hookahs, or marijuana and the use of electronic cigarettes are forms of air pollution and constitute both a danger to health and a material public nuisance; and Accordingly, the Augusta, Georgia consolidated government finds and declares that the purposes of this ordinance are (1) to protect the public health and welfare by prohibiting smoking in certain public places and places of employment; and (2) to guarantee the right of nonsmokers to breathe smokefree air, and to recognize that the need to breathe smokefree air shall have priority over the desire to smoke. THE AUGUSTA, GEORGIA COMMISSION ordains as follows: SECTION 1. AUGUSTA, GA CODE, Title 4, Section 4-2-1 as set forth in the AUGUSTA, GA CODE, re-adopted July 10, 2007, is hereby amended by striking this section in its entirety as set forth in “Exhibit A” hereto. Section 4-2-1 shall be reserved. SECTION 2. AUGUSTA, GA CODE, Title 4, is hereby amended to add new article to be designated Article 7 and new sections to be designated Sections 4-2-77 through 4-2-97 as set forth in “Exhibit B” hereto. SECTION 3. This ordinance shall be effective thirty (30) days from and after the date of its adoption in accordance with applicable laws. SECTION 4. All ordinances, parts of ordinances, policies, and procedures concerning events held on public property in conflict herewith are hereby repealed. Adopted this _____ day of__________, 2018. ___________________________ Hardie Davis, Jr. Attachment number 2 \nPage 4 of 21 Item # 4 Page 5 of 21 Version 5-8-2018 As its Mayor Attest: ______________________________ Lena J. Bonner, Clerk of Commission Seal: Attachment number 2 \nPage 5 of 21 Item # 4 Page 6 of 21 Version 5-8-2018 CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission on_________________, 2018 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: ______________________ First Reading ______________________ Second Reading ______________________ Attachment number 2 \nPage 6 of 21 Item # 4 Page 7 of 21 Version 5-8-2018 Exhibit A STRIKE: Sec. 4-2-1. Smoking prohibited in Augusta-Richmond County buildings. (a) Definitions. For purposes of this section, the following definitions shall apply: (1) Public building. Any enclosed building, structure or indoor facility owned, operated, leased or managed by Augusta-Richmond County which is used by or open to the public, including without limitation, public transportation, enclosed areas occupied by Augusta-Richmond County staff, open office areas, shared offices, private offices, hallways, restrooms, escalators, elevators, stairways, lobbies, reception and waiting rooms, classrooms, meeting or conference rooms and auditoriums, on-site cafeterias, lunchrooms, lounges and any facility, school or educational institution being used by Augusta-Richmond County for the purpose of providing classroom instruction. (2) Smoking. Inhaling, exhaling, burning or carrying any lighted cigar, cigarette, pipe, weed, plant or other combustible substance in any manner or in any form. (b) No person shall smoke in any public building as defined in this section. (c) Nothing in this section shall be deemed, interpreted, or construed to permit smoking in any public place or area where smoking is prohibited or restricted by other applicable law. (d) No Smoking signs with letters of not less than one (1) inch in height shall be conspicuously posted in every building, structure or facility where smoking is prohibited by this section by the operator, manager or other person having control of such building, structure, facility or other place. (e) If any provision of this section or the application thereof to any person or circumstances are held to be invalid, such invalidity shall not affect other provisions Attachment number 2 \nPage 7 of 21 Item # 4 Page 8 of 21 Version 5-8-2018 or applications of this section which can be given effect without the invalid provisions or application, and to this end, the provisions of this ordinance are severable. (f) Any person or persons failing to comply with the lawful provisions hereof or doing any act prohibited hereby or failing to do any act mandated hereby shall be guilty of an offense, and upon trial as a misdemeanor and conviction shall be subject to the penalties provided by section 1-6-1. REPLACE WITH: Sec. 4-2-1. Reserved. Attachment number 2 \nPage 8 of 21 Item # 4 Page 9 of 21 Version 5-8-2018 Exhibit B ADD NEW: ARTICLE 7. Smoking prohibitions in public places and places of employment. Sec. 4-2-77. Purpose of Smoking Ordinance. The purposes of this ordinance are (1) to protect the public health and welfare by prohibiting smoking and e-cigarettes in enclosed public places and enclosed places of employment; and (2) to support the right of nonsmokers to breathe smokefree air, and to recognize that the need to breathe smokefree air shall have priority over the desire to smoke in enclosed public places. Sec. 4-2-78. Definitions. The following words and phrases, whenever used in this Article, shall be construed as defined in this Section: A. “Bar” means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including but not limited to, taverns, nightclubs, cocktail lounges, and cabarets. B. “Business” means a sole proprietorship, partnership, joint venture, corporation, or other business entity, either for-profit or not-for-profit, including retail establishments where goods or services are sold; professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered; and private clubs. C. “E-cigarette” means any electronic oral device, such as one composed of a heating element, battery, and/or electronic circuit, which provides a vapor of nicotine or any other legal substances, and the use or inhalation of which simulates smoking. The term shall include any such device, whether Attachment number 2 \nPage 9 of 21 Item # 4 Page 10 of 21 Version 5-8-2018 manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, vape pen, or under any other product name or description. D. “Employee” means a person who is employed by an employer in consideration for direct or indirect monetary wages or profit, and a person who volunteers his or her services for a non-profit entity. E. “Employer” means a person, business, partnership, association, corporation, including a municipal corporation, trust, or non-profit entity that employs the services of one or more individual persons. F. “Enclosed Area” Enclosed area means all space between a floor and ceiling that is bounded on all sides by walls, doorways or windows, whether open or closed. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent. G. “Health Care Facility” means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including but not limited to, hospitals, rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, long-term care facilities, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, psychiatrists, dentists, and all specialists within these professions. This definition shall include all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within health care facilities. H. “Hookah” means a water pipe and any associated products and devices, which are used to produce fumes, smoke, and/or vapor from the burning of material including, but not limited to, tobacco, shisha, or other plant matter. I. “Hookah Bar” or “Hookah Lounge” means an establishment that derives more than eighty (80) percent of its quarterly gross revenue from the sale of shisha for consumption on the premised by customers and the sale of accessories used for smoking shisha. A hookah lounge does not allow individuals under the age of eighteen (18) to enter the premises, and does not have a permit or Attachment number 2 \nPage 10 of 21 Item # 4 Page 11 of 21 Version 5-8-2018 license to sell alcoholic beverages, but may serve food and nonalcoholic beverages for consumption on the premises by customers. J. “Place of Employment” means an area under the control of a public or private employer, including, but not limited to, work areas, private offices, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, construction sites, temporary offices, and vehicles. A private residence is not a “place of employment” unless it is used as a child care, adult day care, or health care facility. K. “Playground” means any park or recreational area designed in part to be used by children that has play or sports equipment installed or that has been designated or landscaped for play or sports activities, or any similar facility located on public or private school grounds or on Augusta, Georgia owned grounds. L. “Private Club” means an organization, whether incorporated or not, which is the owner, lessee, or occupant of a building or portion thereof used exclusively for club purposes at all times, which is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose, but not for pecuniary gain, and which only sells alcoholic beverages incidental to its operation. The affairs and management of the organization are conducted by a board of directors, executive committee, or similar body chosen by the members at an annual meeting. The organization has established bylaws and/or a constitution to govern its activities. The organization has been granted an exemption from the payment of federal income tax as a club under 26 U.S.C. Section 501. M. “Public Event” means an event which is open to and may be attended by the general public, including but not limited to, such events as concerts, fairs, farmers’ markets, festivals, parades, performances, and other exhibitions, regardless of any fee or age requirement. N. “Public building” Any enclosed building, structure or indoor facility owned, operated, leased or managed by Augusta, Georgia which is used by or open to the public, including without limitation, public transportation, enclosed areas Attachment number 2 \nPage 11 of 21 Item # 4 Page 12 of 21 Version 5-8-2018 occupied by Augusta, Georgia staff, open office areas, shared offices, private offices, hallways, restrooms, escalators, elevators, stairways, lobbies, reception and waiting rooms, classrooms, meeting or conference rooms and auditoriums, on-site cafeterias, lunchrooms and lounges. O. “Public Place” means an area to which the public is invited or in which the public is permitted, including but not limited to, all public buildings, banks, bars, educational facilities, gaming facilities, health care facilities, hotels and motels, laundromats, public transportation vehicles and facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms. A private residence is not a “public place” unless it is used as a child care, adult day care, or health care facility. P. “Recreational Area” means any public or private area open to the public for recreational purposes, whether or not any fee for admission is charged, including but not limited to, amusement parks, athletic fields, beaches, fairgrounds, gardens, golf courses open to the public, parks, plazas, skate parks, swimming pools, trails, and zoos. Q. “Restaurant” means an eating establishment, including but not limited to, coffee shops, cafeterias, sandwich stands, and private and public school cafeterias, which gives or offers for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. The term “restaurant” shall include a bar area within the restaurant. R. “Service Line” means an indoor or outdoor line in which one (1) or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money, including but not limited to, ATM lines, concert lines, food vendor lines, movie ticket lines, and sporting event lines. S. “Shopping Mall” means an enclosed public walkway or hall area that serves to connect retail or professional establishments. Attachment number 2 \nPage 12 of 21 Item # 4 Page 13 of 21 Version 5-8-2018 T. “Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, including hookahs and marijuana, whether natural or synthetic, in any manner or in any form. “Smoking” also includes the use of an e-cigarette which creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in this Article. U. “Sports Arena” means a place where people assemble to engage in physical exercise, participate in athletic competition, or witness sports or other events, including sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, and bowling alleys. V. “Reasonable distance” means a minimum of ten (10) feet or a distance that is sufficient to ensure indoor areas remain smoke-free by preventing smoke from infiltrating enclosed public places via any entrance, exit, window, vent, or air intake system of a building where smoking is prohibited, and to protect persons entering or exiting enclosed areas from involuntarily inhaling second- hand smoke. Sec. 4-2-79. Application of Article to Augusta, Georgia Owned Public Buildings, Facilities and Property. All, enclosed areas, including buildings and vehicles owned, leased, or operated by Augusta, Georgia, as well as all outdoor property adjacent to such buildings and under the control of Augusta, Georgia, shall be subject to the provisions of this Article. Sec. 4-2-80. Prohibition of Smoking in Enclosed Public Buildings and Public Places. Attachment number 2 \nPage 13 of 21 Item # 4 Page 14 of 21 Version 5-8-2018 Except as otherwise provided, Smoking and e-cigarettes shall be prohibited in all enclosed public places, and within ten (10) feet of such places, within Augusta, Georgia including but not limited to, the following places: A. Aquariums, galleries, libraries, and museums. B. Areas available to the general public in businesses and non-profit entities patronized by the public, including but not limited to, banks, laundromats, professional offices, and retail service establishments. C. Bars. D. Bingo facilities. E. Child care and adult day care facilities. F. Convention facilities. G. Educational facilities, both public and private. H. Elevators. I. Gaming facilities. J. Health care facilities. K. Hotels and motels. L. Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities. M. Parking structures, both enclosed and semi-enclosed. Attachment number 2 \nPage 14 of 21 Item # 4 Page 15 of 21 Version 5-8-2018 N. Polling places. O. Public transportation vehicles, including buses and taxicabs, owned by or under the authority of Augusta, Georgia, and ticket, boarding, and waiting areas of public transportation facilities, including bus, train, and airport facilities. P. Restaurants. Q. Restrooms, lobbies, reception areas, hallways, and other common-use areas. R. Retail stores. S. Rooms, chambers, places of meeting or public assembly, under the control of an agency, board, commission, committee or council of Augusta, Georgia, to the extent the place is subject to the jurisdiction of Augusta, Georgia. T. Service lines. U. Shopping malls. V. Sports arenas, including enclosed places in outdoor arenas. W. Theaters and other facilities primarily used for exhibiting motion pictures, stage dramas, lectures, musical recitals, or other similar performances. Sec. 4-2-81. Prohibition of Smoking in Enclosed Places of Employment. A. Except as otherwise provided in Sec. 4-2-84, smoking and e-cigarettes shall be prohibited in all enclosed areas of places of employment and within ten (10) feet of such places. This includes, without limitation, common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles, and all other enclosed facilities. Attachment number 2 \nPage 15 of 21 Item # 4 Page 16 of 21 Version 5-8-2018 B. This prohibition on smoking shall be communicated to all existing employees by the effective date of this Article and to all prospective employees upon their application for employment. Sec. 4-2-82. Prohibition of Smoking in Enclosed Residential Facilities. Smoking shall be prohibited in the following enclosed residential facilities and within ten (10) feet of such places: A. All private and semi-private rooms in nursing homes. B. At least 80 percent of hotel and motel rooms that are rented to guests. Sec. 4-2-83. No Prohibition of Smoking in Outdoor Public Places. Smoking and e-cigarettes shall not be prohibited in outdoor places, except within a reasonable distance of not less than 10 feet outside entrances, operable windows, and ventilation systems of enclosed areas where smoking and e-cigarettes are prohibited, so as to prevent tobacco smoke or vapor from entering those areas. Sec. 4-2-84. Where Smoking Not Regulated. A. Notwithstanding any other provision of this Article to the contrary, smoking and e-cigarettes shall not be prohibited in private residences, unless used as a childcare, adult day care, or health care facility. B. Except as otherwise provided in this article, smoking and e-cigarettes shall not be prohibited in private vehicles. C. Areas within the geographical confines of Augusta, Georgia wherein the Board of Commissioners of Augusta, Georgia does not have jurisdiction, Attachment number 2 \nPage 16 of 21 Item # 4 Page 17 of 21 Version 5-8-2018 including property belonging to the City of Hephzibah, the City of Blythe, the State of Georgia and the federal government. D. Hookah Bars and Lounges in existence as of the date of adoption of this section and which permit waterpipe smoking on the premises as of the date of the adoption of this section. E. Retail Electronic Smoking device stores in existence as of the date of the adoption of this section and which permit electronic device usage as of the date of the adoption of this section. Sec. 4-2-85. Declaration of Establishment or Outdoor Area as Nonsmoking. Notwithstanding any other provision of this Article, an owner, operator, manager, or other person in control of an establishment, facility, or outdoor area may declare that entire establishment, facility, or outdoor area as a nonsmoking place. Smoking and e-cigarettes shall be prohibited in any place in which a sign conforming to the requirements of Section 4-2-86(A) is posted. Sec. 4-2-86. Posting of Signs and Removal of Ashtrays. The owner, operator, manager, or other person in control of a public place or place of employment where smoking and e-cigarettes are prohibited by this Article should: A. Clearly and conspicuously post “No Smoking” signs or the international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) in that place. B. Clearly and conspicuously post at every entrance to that place a sign stating that smoking is prohibited. Attachment number 2 \nPage 17 of 21 Item # 4 Page 18 of 21 Version 5-8-2018 C. Clearly and conspicuously post on every vehicle that constitutes a place of employment under this Article at least one sign, visible from the exterior of the vehicle, stating that smoking is prohibited. D. Remove all ashtrays from any area where smoking is prohibited by this Article, except for ashtrays displayed for sale and not for use on the premises. Sec. 4-2-87. Nonretaliation; Nonwaiver of Rights. A. No person or employer shall discharge, refuse to hire, or in any manner retaliate against an employee, applicant for employment, customer, or resident of a multiple-unit residential facility because that employee, applicant, customer, or resident exercises any rights afforded by this Article or reports or attempts to prosecute a violation of this Article. Notwithstanding Section 4-2-91, violation of this Subsection shall be a misdemeanor, and upon conviction shall be subject to the penalties provided by section 1-6-1 for each violation. B. An employee who works in a setting where an employer allows smoking and e-cigarettes does not waive or otherwise surrender any legal rights the employee may have against the employer or any other party. Sec. 4-2-88. Enforcement. A. This Article shall be enforced by the Augusta, Georgia Planning and Development Department Director or an authorized designee or any law enforcement officer of the Office of the Sheriff. B. Notice of the provisions of this Article shall be given to all applicants for a business license in Augusta, Georgia. C. Any citizen who desires to register a complaint under this Article may initiate enforcement with the Augusta, Georgia Planning and Development Department or any law enforcement officer of the Office of the Sheriff. Attachment number 2 \nPage 18 of 21 Item # 4 Page 19 of 21 Version 5-8-2018 D. The Health Department, Fire Department, or their designees shall, while an establishment is undergoing otherwise mandated inspections, inspect for compliance with this Article. E. An owner, manager, operator, or employee of an area regulated by this Article shall direct a person who is smoking in violation of this Article to extinguish the product being smoked. If the person does not stop smoking, the owner, manager, operator, or employee shall refuse service and shall immediately ask the person to leave the premises. If the person in violation refuses to leave the premises, the owner, manager, operator, or employee shall contact a law enforcement agency. The obligations of an owner, manager, operator, or employee under this sub-section shall only apply where the owner, manager, operator, or employee has knowledge of a smoking violation. F. Notwithstanding any other provision of this Article, an employee or private citizen may bring legal action to enforce this Article. G. In addition to the remedies provided by the provisions of this Section, the Department of Health, the Augusta, Georgia Administrator, the Planning and Development Department Director or any person aggrieved by the failure of the owner, operator, manager, or other person in control of a public place or a place of employment to comply with the provisions of this Article may apply for injunctive relief to enforce those provisions in any court of competent jurisdiction. Sec. 4-2-89. Violations and Penalties. A. A person who smokes or uses an e-cigarette in an area where smoking and e- cigarettes are prohibited by the provisions of this Article shall be guilty of an infraction, punishable by a fine not exceeding fifty dollars ($50). B. Except as otherwise provided in Section 4-2-89(A), a person who owns, manages, operates, or otherwise controls a public place or place of employment and who fails to comply with the provisions of this Article shall be guilty of an infraction, punishable by: Attachment number 2 \nPage 19 of 21 Item # 4 Page 20 of 21 Version 5-8-2018 1. A fine not exceeding one hundred dollars ($100) for a first violation. 2. A fine not exceeding two hundred dollars ($200) for a second violation within one (1) year. 3. A fine not exceeding five hundred dollars ($500) for each additional violation within one (1) year. C. In addition to the fines established by this Section, violation of this Article by a person who owns, manages, operates, or otherwise controls a public place or place of employment may result in the suspension or revocation of any permit or license issued to the person for the premises on which the violation occurred. D. Violation of this Article is hereby declared to be a public nuisance, which may be abated by the Planning and Development Department Director by restraining order, preliminary and permanent injunction, or other means provided for by law, and Augusta, Georgia may take action to recover the costs of the nuisance abatement, including attorney’s fees. E. Each day on which a violation of this Article occurs shall be considered a separate and distinct violation. Sec. 4-2-90. Public Education. Department of Health shall engage in a continuing program to explain and clarify the purposes and requirements of this Article to citizens affected by it, and to guide owners, operators, and managers in their compliance with it. The program may include publication of a brochure for affected businesses and individuals explaining the provisions of this ordinance. Sec. 4-2-91. Governmental Agency Cooperation. Attachment number 2 \nPage 20 of 21 Item # 4 Page 21 of 21 Version 5-8-2018 The Augusta, Georgia Planning and Development Department Director shall annually request other governmental and educational agencies having facilities within Augusta, Georgia to establish local operating procedures in cooperation and compliance with this Article. This includes urging all Federal, State, Augusta, Georgia, and School District agencies to update their existing smoking control regulations to be consistent with the current health findings regarding secondhand smoke. Sec. 4-2-92. Other Applicable Laws. This Article shall not be interpreted or construed to permit smoking or the use of e- cigarettes where it is otherwise restricted by other applicable laws. Sec. 4-2-93. Liberal Construction. This Article shall be liberally construed so as to further its purposes. Sec. 4-2-94. Severability. If any provision, clause, sentence, or paragraph of this Article or the application thereof to any person or circumstances shall be held invalid, that invalidity shall not affect the other provisions of this Article which can be given effect without the invalid provision or application, and to this end the provisions of this Article are declared to be severable. Attachment number 2 \nPage 21 of 21 Item # 4 Public Service Committee Meeting 5/8/2018 1:00 PM One-Hour Waiver of the Noise Ordinance at the Augusta Common Department:Recreation and Parks Presenter:H. Glenn Parker Caption:Request for a One-Hour Waiver of the Noise Ordinance at the Augusta Common June 22, 2018/Beats on Broad/Augusta Pride 2018. Background:For the ninth time, Augusta Pride is hosting the Annual Augusta Pride Festival on June 21st to 24th. Augusta Pride is the third largest event at the Augusta Common and has an annual local economic impact of over $800,000.00. In its 9-year history, Augusta Pride has maintained an excellent relationship with the Richmond County Sheriff’s office and has had no major law enforcement incidents. Augusta Pride is requesting the Commission to grant a waiver of the noise ordinance for “Beats on Broad” on Friday, June 22 between the hours of 11 PM and 12 AM (one hour). Analysis:Augusta, Georgia has previously granted the waiver request for the 2017 “Beats on Broad” event on Friday, June 23 2017. In the last five years, since the event first started, it was permitted to run until Midnight and the Recreation and Parks Department is not aware of any noise complaints associated with the event. Financial Impact:Granting the waiver request will not have a financial impact on the Augusta, Georgia budget. Alternatives:1. To approve the request for a One Hour Waiver of the Noise Ordinance. 2. To deny the request for a One Hour Waiver of the Noise Ordinance. Recommendation:To approve the request for a One Hour Waiver of the Noise Ordinance.Cover Memo Item # 5 Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 5 March 26,2018 Director H. Glenn Parker Augusta Recreation and Parks Departrnent 2027 Lttmpkin Road Augusta, GA 30906 Re: One llour Waiver of Noise Ordinance at the Augusta Common lurte22,20l8 | Beats on Broad I Augusta Pride 2018 Director Parker, On behalf of Augusta Pride, Inc., please consider this a request to waive the Augusta-Richmond County noise ordinance between the hours of I 1 PM and 'i2 AM midnight on Friday, June 22,2018, for the 2018 Beats on Broad concert. Augusta Pride is set to host its 9th annual Augusta Pride Festival this June 2lst through 24th. Since its first festival in 2009, the event has grown to become the third largest held at the Augusta Common and has an annual local economic impact of over $800,000, Augusta Pride also has an excellent relationship with the Richmond County Sheriffs Office and has had no major law enforcement incidents over its 9 year history. Last year, the Augusta-Richmond County Commission granted a waiver of the noise ordinance between the hours of I 1 PM arrd 12,{M midnight on Friday, June 23, 2077 , for frte 2017 Beats on Broad concert. Moreover, for the four years immediately preceding last year, the Beats on Broad concert has been held on the Friday evening of the festival and has been permitted to run until 12 AM midnight. Since its inception five years ago, to my knowlcdgc, there have been no noise complaints associatcd with the Beats on Broad concert, including between the hours of 1 1 PM and 12 AM midnight. Augusta Pride is a well-organized, well-respected, and well-funded professional organization that responsibly hosts the Augusta Pride festival every year without incident. Granting our modest request to waive the noise ordinance between the hours of 11 PM and 12 AM midnight will allow Augusta Pride to continue to host a successful and popular event without undue inconvenience to the downtown area and its residents. Thank you for your consideration. If you have any questions, please do not hesitate to contact me. cc: Augusta Law Department 520 Creene Sheet Augusta, GA 30901 26O2Cornrtoru Blv4 Ste A, August& GA 30909 . office@matthewjamesduncan.com r Phone: 706-755-2928 . Far 706-664-0407I www.mamhewj amesduncerlcom for Augusta Pride, Inc. MA:rTHEW I A M E S DUNCAN A'I'LAW PC. Attachment number 1 \nPage 1 of 1 Item # 5 Public Service Committee Meeting 5/8/2018 1:00 PM Playground Equipment RFP #17-275 Department:Recreation and Parks Presenter:H. Glenn Parker Caption:Motion to approve playground equipment purchase as designated in SPLOST VII as part of RFP Item #17-275 for $1,279,041.24. (Warren Rd. Park, Henry Brigham Park, McDuffie Wood Park, Gracewood Park, Hickman Park, Dyess Park, Minnick Park, Wood Park, and Hillside Park) Background:The Recreation and Parks Department has reviewed each of the playground submittals for RFP #17-275. It is our recommendation to award the playground units as listed below. 1. Warren Road Park - Great Southern Recreation - $131,397.89 Berliner Option B design 2. Henry Brigham Park - Miracle Recreation - $224,676.52 3. McDuffie Woods Park - Miracle Recreation - $124,994.08 4. Gracewood Park - Lanier Plans d/b/a Korkat - $124,723.67 5. Hickman Park - Miracle Recreation - $124,818.52 6. Dyess Park - Miracle Recreation - $199,918.48 7. Minnick Park - Playcore Wisconsin d/b/a Gametime - $125,000.00 8. Wood Park - Miracle Recreation - $124,080.88 9. Hillside Park - Miracle Recreation - $99,431.20 Analysis:Nine (9) RFP packages were received from the industry vendors. Financial Impact:$1,279,041.24 Alternatives:1 - To Approve the SPLOST VII purchase of playground equipment as part of RFP #17-275 for $1,279,041.24. 2 - Move No Action Recommendation:To Approve the SPLOST VII purchase of playground equipment as part of RFP #17-275 for $1,279,041.24 Cover Memo Item # 6 Funds are Available in the Following Accounts: 329061110 $1,279,041.24 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 6 At t a c h m e n t n u m b e r 1 \ n P a g e 1 o f 4 It e m # 6 At t a c h m e n t n u m b e r 1 \ n P a g e 2 o f 4 It e m # 6 At t a c h m e n t n u m b e r 1 \ n P a g e 3 o f 4 It e m # 6 At t a c h m e n t n u m b e r 1 \ n P a g e 4 o f 4 It e m # 6 At t a c h m e n t n u m b e r 2 \ n P a g e 1 o f 1 It e m # 6 OFFICIAL VENDORS Attachment "B"E-Verify SAVE Form Addendum 1 Original 7 Copies Fee Proposal Compliance Review Playcore Wisconsin dba Gametime 632 Florida Central Parkway Longwood, FL 32750 YES 131211 YES YES YES YES YES YES Lanier Plans, Inc. dba Korkat 221 Cable Industiral Way Carrollton, GA 30117 YES 253952 YES YES YES YES YES YES Miracle Recreation Equipment 878 E. Highway 60 Monett, MO 65708 YES 206364 YES YES YES YES YES YES Play South Playground Creators dba Play South, LLC. 212 Clearview Estates Drive Newnan, GA 30265 YES 942178 YES YES YES YES YES YES Play Ground Creations/ dba Archictectural Design Specialties 1500-K Southland Circle Atlanta, GA 30318 YES 649530 YES YES YES YES YES NO PPLT Farmington, Inc. c/o Playworx Playsets, LLC. 810 Holly Ridge Canton, GA 30115 YES 53236 YES YES YES YES YES NO Great Southern Recreation 2441-Q Old Fort Parkway Murfeesboro, TN 37128 YES 882872 YES YES YES YES YES YES Playworld Preferrred 11515 Varstory Drive, Suite 100 Huntersville, NC 28078 YES 946279 YES YES YES YES YES NO Bliss Products and Services 6831 S. Sweetwater Road Lithia Springs, GA 30122 YES 329247 YES YES YES YES YES NO Total Number Specifications Mailed Out: 35 Total Number Specifications Download (Demandstar): 3 Total Electronic Notifications (Demandstar): 63 Pre Proposal Telephone Conference Attendees: 14 Total packages submitted: 9 Total Noncompliant: 4 RFP 17-275 2017-2018 Playground Improvements for Augusta, GA Recreation and Parks Department RFP Date: Tuesday, November 14, 2017 @ 3:00 p.m. The following vendors have been deemed Non-Compliant for failing to meet the good faith efforts:Bliss Products and Services, Playworld Preferred, PPLT Farmington, Inc. c/o Playworx Playsets, LLC., Playground Creations dba Architectural Design Specialties, Page 1 of 1 Attachment number 3 \nPage 1 of 1 Item # 6 Attachment number 4 \nPage 1 of 8 Item # 6 Attachment number 4 \nPage 2 of 8 Item # 6 Attachment number 4 \nPage 3 of 8 Item # 6 Attachment number 4 \nPage 4 of 8 Item # 6 Attachment number 4 \nPage 5 of 8 Item # 6 Attachment number 4 \nPage 6 of 8 Item # 6 Attachment number 4 \nPage 7 of 8 Item # 6 Attachment number 4 \nPage 8 of 8 Item # 6 Attachment number 5 \nPage 1 of 2 Item # 6 Attachment number 5 \nPage 2 of 2 Item # 6 Attachment number 6 \nPage 1 of 3 Item # 6 Attachment number 6 \nPage 2 of 3 Item # 6 Attachment number 6 \nPage 3 of 3 Item # 6 Attachment number 7 \nPage 1 of 3 Item # 6 Attachment number 7 \nPage 2 of 3 Item # 6 Attachment number 7 \nPage 3 of 3 Item # 6 Attachment number 8 \nPage 1 of 4 Item # 6 Attachment number 8 \nPage 2 of 4 Item # 6 Attachment number 8 \nPage 3 of 4 Item # 6 Attachment number 8 \nPage 4 of 4 Item # 6 Attachment number 9 \nPage 1 of 9 Item # 6 Attachment number 9 \nPage 2 of 9 Item # 6 Attachment number 9 \nPage 3 of 9 Item # 6 Attachment number 9 \nPage 4 of 9 Item # 6 Attachment number 9 \nPage 5 of 9 Item # 6 Attachment number 9 \nPage 6 of 9 Item # 6 Attachment number 9 \nPage 7 of 9 Item # 6 Attachment number 9 \nPage 8 of 9 Item # 6 Attachment number 9 \nPage 9 of 9 Item # 6 At t a c h m e n t n u m b e r 1 0 \ n P a g e 1 o f 4 It e m # 6 At t a c h m e n t n u m b e r 1 0 \ n P a g e 2 o f 4 It e m # 6 At t a c h m e n t n u m b e r 1 0 \ n P a g e 3 o f 4 It e m # 6 At t a c h m e n t n u m b e r 1 0 \ n P a g e 4 o f 4 It e m # 6 At t a c h m e n t n u m b e r 1 1 \ n P a g e 1 o f 4 It e m # 6 At t a c h m e n t n u m b e r 1 1 \ n P a g e 2 o f 4 It e m # 6 At t a c h m e n t n u m b e r 1 1 \ n P a g e 3 o f 4 It e m # 6 At t a c h m e n t n u m b e r 1 1 \ n P a g e 4 o f 4 It e m # 6 At t a c h m e n t n u m b e r 1 2 \ n P a g e 1 o f 4 It e m # 6 At t a c h m e n t n u m b e r 1 2 \ n P a g e 2 o f 4 It e m # 6 At t a c h m e n t n u m b e r 1 2 \ n P a g e 3 o f 4 It e m # 6 At t a c h m e n t n u m b e r 1 2 \ n P a g e 4 o f 4 It e m # 6 At t a c h m e n t n u m b e r 1 3 \ n P a g e 1 o f 4 It e m # 6 At t a c h m e n t n u m b e r 1 3 \ n P a g e 2 o f 4 It e m # 6 At t a c h m e n t n u m b e r 1 3 \ n P a g e 3 o f 4 It e m # 6 At t a c h m e n t n u m b e r 1 3 \ n P a g e 4 o f 4 It e m # 6 At t a c h m e n t n u m b e r 1 4 \ n P a g e 1 o f 5 It e m # 6 At t a c h m e n t n u m b e r 1 4 \ n P a g e 2 o f 5 It e m # 6 At t a c h m e n t n u m b e r 1 4 \ n P a g e 3 o f 5 It e m # 6 At t a c h m e n t n u m b e r 1 4 \ n P a g e 4 o f 5 It e m # 6 At t a c h m e n t n u m b e r 1 4 \ n P a g e 5 o f 5 It e m # 6 Attachment number 15 \nPage 1 of 3 Item # 6 Attachment number 15 \nPage 2 of 3 Item # 6 Attachment number 15 \nPage 3 of 3 Item # 6 At t a c h m e n t n u m b e r 1 6 \ n P a g e 1 o f 4 It e m # 6 At t a c h m e n t n u m b e r 1 6 \ n P a g e 2 o f 4 It e m # 6 At t a c h m e n t n u m b e r 1 6 \ n P a g e 3 o f 4 It e m # 6 At t a c h m e n t n u m b e r 1 6 \ n P a g e 4 o f 4 It e m # 6 Request for Proposal Request for Proposals will be received at this office until Thursday, November 2, 2017 @ 11:00 a.m. for furnishing: RFP Item # 17-275 2017-2018 Playground Improvements for the Augusta, GA – Recreation and Parks Department RFPs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 RFP documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. RFP documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. A Pre Proposal Conference will be held on Tuesday, October 17, 2017 @10:00 a.m. in the Procurement Department, 535 Telfair Street, Room 605. A Site Visit will follow. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Thursday, October 19, 2017, @ 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 60 days after bids have been opened, pending the execution of contract with the successful bidder(s). A 100% performance bond and a 100% payment bond will be required for award. Request for proposals (RFP) and specifications. An RFP shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the request for proposal including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waivable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark RFP number on the outside of the envelope. Proponents are cautioned that acquisition of RFP documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFP documents from unauthorized sources places the proponent at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov GERI A. SAMS, Procurement Director Publish: Augusta Chronicle September 21, 28, October 5, 12, 2017 Metro Courier September 27, 2017 Attachment number 17 \nPage 1 of 1 Item # 6