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HomeMy WebLinkAbout2019-08-13 Meeting AgendaPublic Service Committee Meeting Commission Chamber- 8/13/2019- 1:00 PM PUBLIC SERVICES 1.Existing Location: A.N. 19-29: A request by Brenda Thorington for an on premise consumption Beer License to be used in connection with Pizza Hut #2020 located at 613 15th St. There will be Sunday Sales. District 1. Super District 9. Attachments 2.New Location: A.N. 19-28: A request by Heather C. Thompson for an on premise consumption Liquor, Beer & Wine License to be used in connection with Cantina Locale located at 2803 Wrightsboro Rd Ste. 20A. There will be Sunday Sales. District 3. Super District 10. Attachments 3.Existing Location: A.N. 19-30: A request by Tasneem Hassan Jamil for a retail package Wine License to be used in connection with H & S Wine & Spirits located at 3150 Wrightsboro Rd. Ste. B. District 2. Super District 9. Attachments 4.Discussion: A request by Raven Y. Hargrove for a Massage Operator's License to be used in connection with Live Life Relaxing Massage Therapy located at 3540 Wheeler RD Ste. 314. District 3. Super District 10. Attachments 5.Motion to approve the 2019 Convention and Visitors Bureau Tourism Grant Agreement for Special Events. Attachments 6.Motion to approve the Memorandum of Understanding with Augusta and the public art agency, the Greater Augusta Arts Council (GAAC), regarding implementation of three Gateway Sculptures, with the first to be located at the corner of Riverwatch Parkway and Alexander Drive. Attachments 7.Motion to extend the Lease of the New Savannah Bluff Lock and Dam Park with the United States Army. Attachments 8.Discuss MOU operational agreements with the various outside agencies relative to Augusta Recreation Facilities. (Requested by Commissioner Marion Williams) Attachments 9.Motion to approve Bid Item #19-217 Downtown Landscaping Improvement Project to Jacobs Landscaping in the amount of $27,650. Attachments 10.Discuss Augusta Code Section 7-2-69 and other related code sections that address the accumulation of items and overgrowth of vegetation on residential properties. (Requested by Commissioner Marion Williams) Attachments 11.A motion to approve the purchase of Seventeen (17) New Bus Shelters from Austin Mohawk and Company, LLC. Attachments 12.Motion to approve the minutes of the Public Services Committee held on July 30, 2019.Attachments www.augustaga.gov Public Service Committee Meeting 8/13/2019 1:00 PM Alcohol Application Department:Planning & Development Presenter:Julietta H. Walton Caption:Existing Location: A.N. 19-29: A request by Brenda Thorington for an on premise consumption Beer License to be used in connection with Pizza Hut #2020 located at 613 15th St. There will be Sunday Sales. District 1. Super District 9. Background:This is an Existing Location. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a pro-rated fee of $1,557.50. Alternatives: Recommendation:The Planning & Development approved the application subject to additional information not contradicting the applicant’s statements. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 1 Law Administrator Clerk of Commission Cover Memo Item # 1 Attachment number 1 \nPage 1 of 4 Item # 1 Attachment number 1 \nPage 2 of 4 Item # 1 Attachment number 1 \nPage 3 of 4 Item # 1 Attachment number 1 \nPage 4 of 4 Item # 1 Public Service Committee Meeting 8/13/2019 1:00 PM Alcohol Application Department:Planning & Development Presenter:Julietta H. Walton Caption:New Location: A.N. 19-28: A request by Heather C. Thompson for an on premise consumption Liquor, Beer & Wine License to be used in connection with Cantina Locale located at 2803 Wrightsboro Rd Ste. 20A. There will be Sunday Sales. District 3. Super District 10. Background:The is a New Location. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a pro-rated fee of $3,427.50 Alternatives: Recommendation:The Planning & Development approved the application subject to additional information not contradicting the applicant’s statements. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 2 Law Administrator Clerk of Commission Cover Memo Item # 2 Attachment number 1 \nPage 1 of 4 Item # 2 Attachment number 1 \nPage 2 of 4 Item # 2 Attachment number 1 \nPage 3 of 4 Item # 2 Attachment number 1 \nPage 4 of 4 Item # 2 Public Service Committee Meeting 8/13/2019 1:00 PM Alcohol Application Department:Planning & Development Presenter:Julietta H. Walton Caption:Existing Location: A.N. 19-30: A request by Tasneem Hassan Jamil for a retail package Wine License to be used in connection with H & S Wine & Spirits located at 3150 Wrightsboro Rd. Ste. B. District 2. Super District 9. Background:This is an Existing Location. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a pro-rated fee of $332.50. Alternatives: Recommendation:The Planning & Development approved the application subject to additional information not contradicting the applicant’s statements. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 3 Law Administrator Clerk of Commission Cover Memo Item # 3 Attachment number 1 \nPage 1 of 4 Item # 3 Attachment number 1 \nPage 2 of 4 Item # 3 Attachment number 1 \nPage 3 of 4 Item # 3 Attachment number 1 \nPage 4 of 4 Item # 3 Public Service Committee Meeting 8/13/2019 1:00 PM Massage Operator's License Department:Planning & Development Presenter:Julietta H. Walton Caption:Discussion: A request by Raven Y. Hargrove for a Massage Operator's License to be used in connection with Live Life Relaxing Massage Therapy located at 3540 Wheeler RD Ste. 314. District 3. Super District 10. Background:This is a New Location. Analysis:The applicant meets the requirements of the City of Augusta's Ordinance that regulates Massage Therapy. Financial Impact:The applicant will pay fee of $155.00 for a Massage Operator's License and a fee based on gross revenue reported. Alternatives: Recommendation:The Planning & Development approved the application subject to additional information not contradicting the applicant’s statements. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 4 Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 4 Attachment number 1 \nPage 1 of 6 Item # 4 Attachment number 1 \nPage 2 of 6 Item # 4 Attachment number 1 \nPage 3 of 6 Item # 4 Attachment number 1 \nPage 4 of 6 Item # 4 Attachment number 1 \nPage 5 of 6 Item # 4 Attachment number 1 \nPage 6 of 6 Item # 4 Public Service Committee Meeting 8/13/2019 1:00 PM 2019 Convention and Visitors Bureau Tourism Grant Agreement for Special Events Department:Recreation and Parks Department Presenter:Ron Houck Caption:Motion to approve the 2019 Convention and Visitors Bureau Tourism Grant Agreement for Special Events. Background:Augusta Recreation and Parks was selected to receive a grant to promote activities, attractions and special events expected to foster local economic development and to create positive economic impact through tourism. Analysis:The grant provides the mechanism for Augusta, Georgia to receive a $15,244 grant for print and digital advertising outside a 60 mile radius of Augusta, Georgia for new events at Lake Olmstead Stadium this fall. Financial Impact:There is no match for this grant. Alternatives:1. To approve the 2019 Convention and Visitors Bureau Tourism Grant Agreement for Special Events. 2. To deny, this would result in forfeiting grant funds and advertising resources. Recommendation:1. To approve the 2019 Convention and Visitors Bureau Tourism Grant Agreement for Special Events. Funds are Available in the Following Accounts: TBD REVIEWED AND APPROVED BY:Cover Memo Item # 5 Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 5 Attachment number 1 \nPage 1 of 1 Item # 5 Attachment number 2 \nPage 1 of 5 Item # 5 Attachment number 2 \nPage 2 of 5 Item # 5 Attachment number 2 \nPage 3 of 5 Item # 5 Attachment number 2 \nPage 4 of 5 Item # 5 Attachment number 2 \nPage 5 of 5 Item # 5 Public Service Committee Meeting 8/13/2019 1:00 PM MOU with Greater Augusta Arts Council to Administer Gateway Sculpture Project. Department:Recreation and Parks Department Presenter:Ron Houck Caption:Motion to approve the Memorandum of Understanding with Augusta and the public art agency, the Greater Augusta Arts Council (GAAC), regarding implementation of three Gateway Sculptures, with the first to be located at the corner of Riverwatch Parkway and Alexander Drive. Background:The purpose of this proposed Memorandum of Understanding (MOU) is to provide the framework for cooperation between the Commission and the Council to plan and implement three unique (3) Gateway Sculptures and one (1) secondary sculpture at key locations, primarily located in state right-of-ways, selected with guidance from Georgia Department of Transportation. GAAC will coordinate among the various involved parties, including the Procurement Department, to accomplish the solicitation, selection, marketing, and permitting needed to complete these large public works of art. Analysis:This project helps to generate a public art collection in Augusta. This MOU would be the first for the GAAC, and it is modeled after an MOU between the Commission and the Convention and Visitor’s Bureau. This agreement would enable the GAAC to play a more active role in managing the funds and implementation for this project, with support from the staff involved with the Public Advisory Arts Panel and specifically the Recreation and Parks Department. Financial Impact:The Commission has previously approved $1,000,000 for a Public Arts Sculpture Festival in SPLOST 7 referendum. This MOU would allow the GAAC to manage $50,000 of that amount to cover GAAC’s administrative costs, and $75,000 to cover implementation to cover marketing, solicitation, and incidentals related to site preparation and clearing, selection, and public engagement. Cover Memo Item # 6 Alternatives:1. To Approve 2. Move No Action thus delaying this important community art project. Recommendation:1. Approve the Memorandum of Understanding with the Greater Augusta Arts Council in the amount of $50,000 for Administrative costs and $75,000 for implementation costs for a total of $125,000 for the implementation of the Gateway Sculpture Project. Funds are Available in the Following Accounts: SPLOST VII 329064310 216067901 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 6 Memorandum of Understanding Between Augusta, Georgia 535 Telfair Street Augusta, GA 30901 (Hereinafter “the Commission”) And The Greater Augusta Arts Council 1301 Greene Street Augusta, GA 30904 (Hereinafter “the Council”) This Memorandum of Understanding (“MOU”) is made on this ____ day of ______________, 2019, by and between the Commission and the Council for the purpose of planning, executing and managing the installation of Gateway Sculptures. WHEREAS, the Commission and the Council recognize the need that additional effort be spent on the development and establishment of public art projects within the geographic area of Augusta to engage in cultural enrichment activities, including traditionally underserved areas; and WHEREAS, the Commission and the Council desire to enter into this Memorandum of Understanding in which the Parties will work together to create and manage the procurement and installation of the Gateway Sculptures; NOW, THEREFORE, in consideration of the above premises, and for other good and valuable consideration, the Parties agree as follows: 1. PURPOSE The purpose of this Memorandum is to provide the framework for the understanding and cooperation between the Commission and the Council to plan, create, develop, manage and establish the Gateway Sculptures. The Gateway Sculptures will elevate the arts in the community and support economic development efforts already underway. The process of procuring the sculptures will increase the visibility of Augusta on the national arts scene, and help bring additional arts investments to the city. The community engagement central to the development and installation of the artworks will promote the abilities of Augusta’s local artists so that they may better compete for these opportunities at home and abroad. The installed sculptures will become icons that enrich the Augusta landscape and local culture. Attachment number 1 \nPage 1 of 5 Item # 6 2. THE GATEWAY SCULPTURES Three monumental sculptures will be custom designed and installed by nationally renowned artists at key entry points to the City. The artists will be selected through a competitive process that prioritizes proven experience with the construction process of large sculptures and aesthetics that celebrate the unique sense of place available in Augusta. The sites will be identified along key transportation corridors with the assistance of Georgia Department of Transportation. The design process will include events to engage the community and provide a sense of ownership in this public artwork. The construction process will be informed by Georgia Department of Transportation as well as key Augusta, GA departments, such as Engineering. 3. OBLIGATIONS OF THE PARTIES The Parties acknowledge that a joint project is created between them by this Memorandum and both agree to work together to ensure united, visible and responsive leadership and to provide adequate administrative and managerial resources for the success of the Gateway Sculptures. The parties will work closely together to succeed in their joint venture. a. Services to be rendered by the Commission include: I. Funding - The Commission has approved $1,000,000 for Gateway Sculptures in the 2017 SPLOST. The project budget is provided in schedule A. II. Procurement – Augusta, GA will lead the procurement of the sculptures. III. Final Approval - The Commission will, based on and in consideration of recommendations made by the Council, decide on final sculpture plans, locations, and/or designs before implementation and/or installations. IV. Ownership and Maintenance – Upon completion, the sculptures will be the property and responsibility of Augusta, GA for the purpose of public display and cultural enrichment. b. Services to be rendered by the Council include: I. Administration – The Council will coordinate tasks and timelines to ensure successful installation of three (3) Gateway Sculptures in accordance with the Augusta Public Art Master Plan. II. Marketing - The Council will utilize appropriate marketing channels to promote the sculptures and all associated events. This includes but is not limited to the prescreening of artist apprentices, and the development and implementation of events highlighting sculptures. III. Coordination – The Council will coordinate the various parties involved in the successful completion of this project, including but not limited to the public, press, artists, local art community, GADOT, and any other stakeholder or participant. This process will be facilitated by the Augusta Recreation and Parks Department. Attachment number 1 \nPage 2 of 5 Item # 6 5. INDEMINIFICATION Each party to this MOU shall assume the responsibility and liability for the acts and omissions of its own employee, deputies, officers, or agents, in connection with performing any obligations and/or responsibilities under this MOU. For liability purposes, neither party shall be considered the agent of the other party. 6. TERM / PROJECT DURATION This MOU is at-will and may be modified in writing by mutual consent of authorized officials from the Commission and the Council. This MOU shall become effective upon signature by the authorized officials from the Commission and the Council and will remain in effect until modified or terminated by any one of the partners by mutual consent. In the absence of mutual agreement by the authorized officials from the Commission and the Council, this MOU shall end 60 calendar days after a written notice to the other party has been provided by one party. 7. NOTICE Any notice or communication required or permitted under this Memorandum is sufficient if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished the other in writing. 8. GOVERNING LAW This Memorandum shall be construed in accordance with the laws of the State of Georgia. 9. ASSIGNMENT / TRANSFER OF RESPONSIBILITIES Neither party may assign or transfer the responsibilities under this Memorandum without the prior written consent of the non-assigning party. 10. SEVERABILITY If any provision of this Memorandum is found to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Memorandum is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited. 11, NO THIRD PARTY BENEFICIARY RIGHTS. The parties do not intend to create in any other individual or entity the status of a third party beneficiary, and this MOU shall not be construed so as to create such status. The rights, duties and obligations contained in this MOU shall operate only between the parties to this MOU, and shall inure solely to the benefit of the parties to this MOU. The provisions of this MOU are intended only to assist the parties in determining and performing their obligations under this MOU. Attachment number 1 \nPage 3 of 5 Item # 6 12. PRIOR MEMORANDUM SUPERSEDED This Memorandum constitutes the entire agreement between the Parties relating to this subject matter and supersedes all prior or simultaneous representations, discussions, negotiations, and Memorandums, whether written or oral. 13. UNDERSTANDING It is mutually agreed upon and understood by and among the Parties of this Memorandum that: a. The Parties will work together in a coordinated fashion for the fulfilment of this joint venture. b. In no way does this Memorandum restrict the Parties from participating in similar agreements with other public or private agencies, organizations, and individuals. c. To the extent possible and reasonable, both Parties will participate in the development of this joint project. 14. SIGNATORIES This Memorandum is executed the day and year first above written on behalf of Augusta-Richmond county Commission by its duly authorized officials Mayor Hardie Davis, Jr. and its Clerk of Commission and on behalf of the Greater Augusta Arts Council by (enter names and titles here). AGREED TO BY: AUGUSTA, GEORGIA By: _________________________ Hardie Davis, Jr., Mayor Date: _________________________ Attest: _______________________________ Lena J. Bonner, Clerk of Commission The Greater Augusta Arts Council By: __________________________ Attachment number 1 \nPage 4 of 5 Item # 6 Date: _____________________________ Project Budget Schedule A Description Quantity Amount Total Gateway Sculptures 3 225,000 675,000 Secondary Gateway Sculptures 1 173,000 173,000 Maquette Purchase 3 9,000 27,000 Administrative 1 50,000 50,000 Project Implementation & Marketing 1 75,000 75,000 Total 1,000,000 Attachment number 1 \nPage 5 of 5 Item # 6 Public Service Committee Meeting 8/13/2019 1:00 PM New Savannah Bluff Lock and Dam Park Lease Department:Recreation and Parks Department Presenter:Ron Houck Caption:Motion to extend the Lease of the New Savannah Bluff Lock and Dam Park with the United States Army. Background:The current Lease Agreement between Augusta, Georgia and the United States Army expired in December of 2018. Augusta received notice on February 26, 2019. The Recreation and Parks Department received information in March and proceeded to review the documents. The agreement was forwarded to the Law Department for review. Upon their review it was sent back to the US Army Engineer District for revisions. The document came back into our hands in late July. Analysis:With the proposed lease No. DACW21-1-19-0028, this would grant the City of Augusta through the Department of Recreation and Parks the continued authority use to operate and maintain the 50 acres more or less of Government land for park and recreational purposes. The term of this extended lease would be for ten years and expire in December 2028. The structure of the lease has remained intact and is the same in content, minus some minor verbiage changes recommended by the Law Department. This has been fully vetted by staff, the Law Department and by the United States Army. Financial Impact:There is no additional cost associated with the extension of the lease. Through the Department’s operating budget for 2019, $66,180 was allocated for this park operation. Alternatives:1. To Approve 2. To Move No Action Recommendation:1.Move to Approve N/A Cover Memo Item # 7 Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 7 DEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS, SAVANNAH DISTRICT 100 W. OGLETHORPE AVENUE SAVANNAH, GEORGIA 31401-3604 February 26, 2019 Real Estate Division Augusta, Georgia, Office of the Mayor Attention: Mr. Hardie Davis Jr., Mayor 535 Telfair Street Augusta, Georgia 30901 Dear Mayor Davis: I am enclosing three (3) copies of proposed Lease No. DACW21-1-19-0028, granting The City of Augusta Recreation and Parks Department the continued authority use, operate, and maintain 50 acres more or less of Government land for park and recreational purposes at J. Strom Thurmond Project Richmond, County, Georgia. If the proposed document is satisfactory, please have the appropriate official of your organization date and sign all three copies of the proposed Lease. Have another official of your organization complete, date and sign all three copies of the Certificate of Authority. Return all three copies to: US Army Corps of Engineers, Savannah District, Attention: Real Estate Division, RE-M (Simpson), 100 West Oglethorpe Avenue, Savannah, Georgia 31401-3604. An executed copy will be returned for your records. Should you have any questions, please contact me at (912) 652-5930. Sincerely, Sara Simpson Realty Specialist Management & Disposal Branch Enclosures Attachment number 1 \nPage 1 of 1 Item # 7 Lease No. DACW21-1-19-0028 1 DEPARTMENT OF THE ARMY LEASE TO NON-STATE GOVERNMENTAL AGENCIES FOR PARK AND RECREATIONAL PURPOSES NEW SAVANNAH BLUFF LOCK AND DAM J. STROM THURMOND PROJECT RICHMOND COUNTYGEORGIA THIS LEASE, made on behalf of the United States, between the SECRETARY OF THE ARMY, hereinafter referred to as the Secretary, and; Augusta, Georgia , hereinafter referred to as the Lessee, WITNESSETH: That the Secretary, by authority of Title 16, United States Code, Section 460d, and for the consideration hereinafter set forth, hereby leases to the Lessee, the property identified in Exhibit “A”, attached hereto and made a part hereof, hereinafter referred to as the premises, for public park and recreational purposes. THIS LEASE is granted subject to the following conditions: 1. TERM Said premises are hereby Lease for a term of Ten (10) years, beginning December 8, 2018 and ending December 7, 2028. 2. CONSIDERATION The consideration for this Lease is the operation and maintenance of the premises by the Lessee for the benefit of the United States and the general public in accordance with the conditions herein set forth. 3. NOTICES All correspondence and notices to be given pursuant to this Lease shall be addressed, if to the Lessee, to Augusta, Georgia 2027 Lumpkin Road, Post Office Box 5605 Augusta, Georgia 30906, and if to the United States, to the Real Estate Contracting Officer, Attention: Chief, Real Estate Division, RE-M (Lease No. DACW21-1-19-0028), US Army Engineer District, Savannah District, 100 West Oglethorpe Avenue, Savannah, Georgia, 31401-3604, or as may from time to time otherwise be directed by the parties. Notice shall be deemed to have been duly given if and when enclosed in a properly sealed envelope, or wrapper, addressed as aforesaid, and deposited, postage prepaid, in a post office regularly maintained by the United States Postal Service. Attachment number 2 \nPage 1 of 25 Item # 7 Lease No. DACW21-1-19-0028 2 4. AUTHORIZED REPRESENTATIVES Except as otherwise specifically provided, any reference herein to "Secretary of the Army", "Real Estate Contracting Officer" or "said officer" shall include their duly authorized representatives. Any reference to "Lessee" shall include assignees, transferees, successors and their duly authorized representatives. 5. DEVELOPMENT PLANS The Lessee shall be guided by an annual Plan of Operation and Maintenance in furtherance of the Lessee's implementing Plan of Recreation Development and Management (Development Plan) attached as Exhibit “B” which shows the facilities and services necessary to meet the current and potential public demand and the management and development activities to be undertaken by the Lessee and any sublessees. No later than May 31st of each year the Lessee will submit the annual Plan to be mutually agreed on between the Lessee and the Real Estate Contracting Officer. Such annul Plan shall include but is not limited to the following: a. Plans for management, maintenance and development activities to be undertaken by the Lessee and any sublessees. b. Report of the management, maintenance and development accomplishments of the Lessee for the preceding year. c. Report on any significant modification of policies or procedures which are planned for the following year as well as those implemented in the preceding year. d. Minor modifications to the Development Plan. Major modifications are to be accomplished by amendment to the Plan before proceeding to implement any changes in the development or management of the leased premises. e. Budget of the Lessee for carrying out all activities for the upcoming year. f. Personnel to be used in the management of the leased premises. The use and occupation of the premises shall be subject to the general supervision and approval of the Real Estate Contracting Officer. During the term of the lease, the Real Estate Contracting Officer will notify the Lessee of any updates to the existing project Master Plan affecting the premises and the Lessee may provide comments. 6. STRUCTURE AND EQUIPMENT The Lessee shall have the right, during the term of the lease, to erect such structures and to provide such equipment upon the premises as may be necessary to furnish the facilities and services authorized. Those structures and equipment shall be and remain the property of the Lessee, except as otherwise provided in the Condition on RESTORATION. However, not Attachment number 2 \nPage 2 of 25 Item # 7 Lease No. DACW21-1-19-0028 3 structures may be erected or altered upon the premises unless and until the type of use, design, and proposed location or alteration thereof shall have been approved in writing by the Real Estate Contracting Officer. The Real Estate Contracting Officer may require the Figure 8-C-2 Lessee, upon the completion of each of the proposed developments to furnish complete "as built" construction plans for all facilities. 7. APPLICABLE LAWS AND REGULATIONS a. The Lessee shall comply with all applicable federal laws and regulations and with all applicable laws, ordinances and regulations of the state, county and municipality wherein the premises are located, including, but not limited to, those regarding construction, health, safety, food service, water supply, sanitation, use of pesticides, and licenses or permits to do business. b. The Lessee will provide an annual certification that all water and sanitary systems on the premises have been inspected and comply with Federal, state and local standards. Lessee will also provide a statement of compliance with the Americans with Disabilities Act, noting any deficiencies and providing a schedule for correction. 8. CONDITION OF PREMISES The Lessee acknowledges that it has inspected the premises, knows its condition, and understands that the same is Lease without any representations or warranties whatsoever and without obligation on the part of the United States to make any alterations, repairs or additions thereto attached as Exhibit “C”. 9. FACILITIES AND SERVICES The Lessee shall provide the facilities and services as agreed upon in the Development Plan referred to in the Condition on development plans either directly or through subleases or concession agreements that have been reviewed and accepted by the Real Estate Contracting Officer. These subleases or agreements shall state: (1) that they are granted subject to the provisions of this lease; and (2) that the agreement will not be effective until the third party activities have been approved by the Real Estate Contracting Officer. The Lease will not allow any third party activities with a rental to the Lessee or prices to the public which would give the third party an undue economic advantage or circumvent the intent of the Development Plan. The rates and prices charged by the Lessee or its sub-lessees or concessionaires shall be reasonable and comparable to rates charged for similar goods and services by others in the area. The use of subleasees and concessionaires will not relieve the Lessee from the primary responsibility for ensuring compliance with all of the terms and conditions of this lease. 10. TRANSFERS AND ASSIGNMENTS a. Without prior written approval of said officer the Lessee shall neither transfer nor assign this Lease nor sublet the premises or any part thereof, nor grant any interest, privilege or license whatsoever in connection with this Lease. Failure to comply with this condition shall constitute a noncompliance for which the Lease may be revoked immediately by said officer. Attachment number 2 \nPage 3 of 25 Item # 7 Lease No. DACW21-1-19-0028 4 b. The Lessee will not sponsor or participate in timeshare ownership of any structure, facilities, accommodations, or personal property on the premises. The Lessee will not subdivide nor develop the premises into private residential development. 11. FEES Fees may be charged by the Lessee for use of the premises or facilities constructed thereon. The said officer shall have the right to review such fees and require an increase or reduction when it is determined that the objectives of this Lease have been violated. However, no user fees may be charged by the Lessee for use of facilities developed in whole or in part with federal funds if a user charge by the Corps of Engineers for the facility would be prohibited under law. All monies received by the Lessee from operations conducted on the premises must be utilized by the Lessee for the administration, maintenance, operation and development of the premises. Any such monies not so utilized or programmed for use within a reasonable time shall be paid to said officer at the end of each 5 year period. The Lessee shall furnish annual statements of receipts and expenditures to said officer. 12. ACCOUNTS, RECORDS AND RECEIPTS All monies received by the Lessee from operations conducted on the premises, including, but not limited to, entrance, admission and user fees and rental or other consideration received from its concessionaires, may be utilized by the Lessee for the administration, maintenance, operation and development of the premises. Beginning 5 years from the date of this lease and continuing at 5-year intervals, any such monies not so utilized or programmed for utilization within a reasonable time shall be paid to the Real Estate Contracting Officer. The Lessee shall establish and maintain accurate records and accounts and provide an annual statement of receipts and expenditures to the Real Estate Contracting Officer. Annual or weekly entrance fees not collected on the Project, which also are honored at other recreational areas operated by the Lessee, are excluded from this requirement. The Real Estate Contracting Officer shall have the right to perform audits or to require the Lessee to audit the records and accounts of the Lessee, third party concessionaires and sub- lessees, in accordance with auditing standards and procedures promulgated by the American Institute of Certified Public Accountants or by the state, and furnish the Real Estate Contracting Officer with the results of such an audit. Attachment number 2 \nPage 4 of 25 Item # 7 Lease No. DACW21-1-19-0028 5 13. PROTECTION OF PROPERTY The Lessee shall be responsible for any damage that may be caused to property of the United States by the activities of the Lessee under this lease and shall exercise due diligence in the protection of all property located on the premises against fire or damage from any and all other causes. Any property of the United States damaged or destroyed by the Lessee incident to the exercise of the privileges herein granted shall be promptly repaired or replaced by the Lessee to the satisfaction of the Real Estate Contracting Officer, or at the election of the Real Estate Contracting Officer, reimbursement may be made therefore by the Lessee in an amount necessary to restore or replace the property to a condition satisfactory to the Real Estate Contracting Officer. 14. RIGHT TO ENTER AND FLOOD The right is reserved to the United States, its officers, agents, and employees to enter upon the premises at any time and for any purpose necessary or convenient in connection with Government purposes; to make inspections; to remove timber or other material, except property of the Lessee; to flood the premises; to manipulate the level of the lake or pool in any manner whatsoever; and/or to make any other use of the land as may be necessary in connection with project purposes, and the Lessee shall have no claim for damages on account thereof against the United States or any officer, agent, or employee thereof. 15. LIGHTS, SIGNALS AND NAVIGATION There shall be no unreasonable interference with navigation by the exercise of the privileges granted by this lease. If the display of lights and signals on any work hereby authorized is not otherwise provided for by law, such lights and signals as may be prescribed by the Coast Guard or by the Real Estate Contracting Officer shall be installed and maintained by and at the expense of the Lessee. 16. INSURANCE a. At the commencement of this lease, the Lessee, unless self-insured, and its sub-lessees and concessionaires at the commencement of operating under the terms of this lease as third parties, shall obtain from a reputable insurance company or companies contracts of liability insurance. The insurance shall provide an amount not less than that which is prudent, reasonable and consistent with sound business practices or a minimum Combined Single Limit of $1,000,000.00 whichever is greater, for any number of parsons or claims arising from any one incident with respect to bodily injuries or death resulting therefrom, property damage, or both, suffered or alleged to have been suffered by any person or persons, resulting from the operations of the Lessee, sub-lessees and concessionaires under the terms of this lease. The Lessee shall require its insurance company to furnish to the Real Estate Contracting Officer a copy of the policy or policies, or, if acceptable to the Real Estate Contracting Officer, certificates of insurance evidencing the purchase of such insurance. The Real Estate Contracting Officer shall have the right to review and revise the amount of minimum liability insurance required. Attachment number 2 \nPage 5 of 25 Item # 7 Lease No. DACW21-1-19-0028 6 b. The insurance policy or policies shall specifically provide protection appropriate for the types of facilities, services and products involved; and shall provide that the Real Estate Contracting Officer be given thirty (30) days notice of any cancellation or change in such insurance. c. In the event the Lessee is self-insured, the Lessee shall certify such self-insurance in writing in the minimum amount specified above to the Real Estate Contracting Officer. The Lessee's insurance status shall not eliminate the requirement for its sub-lessees and concessionaires to have insurance from a reputable insurance carrier as set out above. d. The Real Estate Contracting Officer may require closure of any or all of the premises during any period for which the Lessee and/or its sub-lessees and concessionaires do not have the required insurance coverage. 17. RESTORATION On or before the expiration of this Lease or its termination by the Lessee, the Lessee shall vacate the premises, remove the property of the Lessee, and restore the premises to a condition satisfactory to said officer. If, however, this Lease is revoked, the Lessee shall vacate the premises, remove said property, and restore the premises to the aforesaid condition within such time as said officer may designate. In either event, if the Lessee shall fail or neglect to remove said property and restore the premises, then, at the option of said officer, said property shall either become the property of the United States without compensation therefor, or said officer may cause the property to be removed and no claim for damages against the United States or its officers or agents shall be created by or made on account of such removal and restoration work. The Lessee shall also pay the United States on demand any sum which may be expended by the United States after the expiration, revocation or termination of this Lease in restoring the premises. 18. NON-DISCRIMINATION a. The Lessee shall not discriminate against any person or persons or exclude them from participation in the Lessee's operations, programs or activities conducted on the Lease premises, because of race, color, religion, sex, age, handicap, or national origin. The Lessee will comply with the Americans with Disabilities Act and attendant Americans with Disabilities Act Accessibility Guidelines (ADAAG) published by the Architectural and Transportation Barriers Compliance Board. b. The Lessee, by acceptance of this Lease, is receiving a type of Federal assistance and, therefore, hereby gives assurance that it will comply with the provisions of Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. Section 2000d); the Age Discrimination Act of 1975 (42 U.S.C. Section 6102); the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794); and all requirements imposed by or pursuant to the Directive of the Department of Defense (32 CFR Part 195) issued as Department of Defense Directives 5500.11 and 1020.1, and Army Regulation 600-7. This assurance shall be binding on the Lessee, its agents, successors, transferees, subleassees and assignees. Attachment number 2 \nPage 6 of 25 Item # 7 Lease No. DACW21-1-19-0028 7 19. SUBJECT TO EASEMENTS This Lease is subject to all existing easements, or those subsequently granted, as well as established access routes for roadways and utilities located, or to be located, on the premises, provided that the proposed grant of any new easement or route will be coordinated with the Lessee, and the easements will not be granted which will, in the opinion of said officer, interfere with the use of the premises by the Lessee. 20. SUBJECT TO MINERAL INTERESTS This Lease is subject to all outstanding mineral interests. As to federally owned mineral interests, it is understood that they may be included in present or future mineral Leases issued by the Bureau of Land Management (BLM) which has responsibility for mineral development on federal lands. The Secretary will provide Lease stipulations to BLM for inclusion in said mineral Leases that are designed to protect the premises from activities that would interfere with the Lessee's operations or would be contrary to local law. 21. COMPLIANCE, CLOSURE, REVOCATION, AND RELINQUISHMENT a. The Lessee and/or any subleassees or licensees are charged at all times with full knowledge of all the limitations and requirements of this Lease, and the necessity for correction of deficiencies, and with compliance with reasonable requests by said officer. This Lease may be revoked in the event the Lessee violates any of its terms and conditions and continues and persists in such non-compliance. The Lessee will be notified of any non-compliance, which notice shall be in writing or shall be confirmed in writing, giving a period of time in which to correct the non-compliance. Failure to satisfactorily correct any substantial or persistent non- compliance within the specified time is grounds for closure of all or part of the premises, temporary suspension of operation, or revocation of the Lease, after notice in writing of such intent. Decisions by the said officer concerning future requests by the Lessee to extend the Lease, expand the premises, modify authorized activities, or assign the Lease shall reflect the Lessee's past performance and compliance with the Lease terms. b. This Lease may be relinquished by the Lessee by giving thirty (30) days prior written notice to said officer in the manner prescribed in the condition on NOTICES. 22. HEALTH AND SAFETY a. The Lessee shall keep the premises in good order and in a clean, sanitary and safe condition by and at the expense of the Lessee. b. In addition to the right of revocation for non-compliance previously stated, said officer, upon discovery of any hazardous condition on the premises that present an immediate threat to health or danger to life or property, will so notify the Lessee and will require that the affected part or all of the premises be closed until such condition is corrected and the danger eliminated. If the condition is not corrected said officer will have the option to (1) correct the Attachment number 2 \nPage 7 of 25 Item # 7 Lease No. DACW21-1-19-0028 8 hazardous condition and collect the cost of repairs from the Lessee, or (2) revoke the Lease. The Lessee shall have no claim for damages against the United States, or any officer, agent or employee thereof on account of action pursuant to this condition. 23. PUBLIC USE The Lessee shall not forbid the full use by the public of the water areas of the project, subject however, to the authority and responsibility of the Lessee to carry out its responsibilities under this Lease to manage the premises and provide safety and security to the facility users. 24. PROHIBITED USES a. The Lessee shall not permit gambling on the premises. Specifically prohibited is the use of gambling devices, such as slot machines, video gambling machines, or other casino type devices that would detract from the family atmosphere. The Real Estate Contracting Officer may allow the sale of state lottery tickets, in accordance with state and local laws and regulations, as long as the sale of tickets constitutes a collateral activity, rather than primary activity of the Lessee. The Lessee shall not install or operate, or permit to be installed or operated thereon, any device which is illegal; or use the premises or permit them to be used for any illegal business or purpose. There shall not be conducted on or permitted upon the premises any activity which would constitute a nuisance. b. In accordance with state and local laws and regulations, the Lessee may store, or dispense, or permit the storage, or dispensing of beer, malt beverages, light wines or other intoxicating beverages on the premises for members of the Lessee organization and their guests. Advertising of such beverages outside of buildings is not permitted. Carry out package sales of hard liquor is prohibited. 25. NATURAL RESOURCES The Lessee shall cut no timber, conduct no mining operations, remove no sand, gravel, or kindred substances from the ground, commit no waste of any kind, nor in any manner substantially change the contour or condition of the premises, except as may be authorized under and pursuant to the condition on DEVELOPMENT AND MANAGEMENT PLANS. The Lessee may salvage fallen or dead timber on the Lease premises for use as firewood only. All sales of timber or forest products will be conducted by the United States and the proceeds therefrom shall not be available to the Lessee under the provisions of this Lease. 26. DISPUTES CLAUSE a. Except as provided in the Contract Disputes Act of 1978 (41 U.S.C. Sections 7101- 7109) (the Act), all disputes arising under or relating to this Lease shall be resolved under this clause and the provisions of the Act. b. "Claim," as used in this clause, means a written demand or written assertion by the Lessee seeking, as a matter of right, the payment of money in a sum certain, the adjustment of interpretation of Lease terms, or other relief arising under or relating to this Lease. A claim Attachment number 2 \nPage 8 of 25 Item # 7 Lease No. DACW21-1-19-0028 9 arising under this Lease, unlike a claim relating to this Lease, is a claim that can be resolved under a Lease clause that provides for the relief sought by the Lessee. However, a written demand or written assertion by the Lessee seeking the payment of money exceeding $100,000 is not a claim under the Act until certified as required by subparagraph c.(2) below. The routine request for rental payment that is not in dispute is not a claim under the Act. The request may be converted to a claim under the Act, by this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. c. (1) A claim by the Lessee shall be made in writing and submitted to the said officer for a written decision. A claim by the Government against the Lessee shall be subject to a written decision by the said officer. (2) For Lessee claims exceeding $100,000, the Lessee shall submit with the claim a certification that: (i) The claim is made in good faith; (ii) Supporting data are accurate and complete to the best of the Lessee's knowledge and belief; and (iii) The amount requested accurately reflects the Lease adjustment for which the Lessee believes the Government is liable. (3) (i) If the Lessee is an individual, the certificate shall be executed by that individual. (ii) If the Lessee is not an individual, the certification shall be executed by: (A) A senior company official in charge at the Lessee's location involved; or (B) An officer or general partner of the Lessee having overall responsibility of the conduct of the Lessee's affairs. d. For Lessee claims of $100,000 or less, the said officer must, if requested in writing by the Lessee, render a decision within 60 days of the request. For Lessee-certified claims over $100,000, the said officer must, within 60 days, decide the claim or notify the Lessee of the date by which the decision will be made. e. The said officer's decision shall be final unless the Lessee appeals or files a suit as provided in the Act. f. At the time a claim by the Lessee is submitted to the said officer or a claim by the Government is presented to the Lessee, the parties, by mutual consent, may agree to use alternative means of dispute resolution. When using alternate dispute resolution procedures, any claim, regardless of amount, shall be accompanied by the certificate described in paragraph c.(2) of this clause, and executed in accordance with paragraph c.(3) of this clause. Attachment number 2 \nPage 9 of 25 Item # 7 Lease No. DACW21-1-19-0028 10 g. The Government shall pay interest on the amount found due and unpaid by the Government from (1) the date the said officer received the claim (properly certified if required), or (2) the date payment otherwise would be due, if that date is later, until the date of payment. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the said officer receives the claim and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during the pendency of the claim. Rental amounts due to the Government by the Lessee will have interest and penalties as set out in the condition on CONSIDERATION. h. The Lessee shall proceed diligently with the performance of the Lease, pending final resolution of any request for relief, claim or action arising under the Lease, and comply with any decision of said officer. 27. ENVIRONMENTAL PROTECTION a. Within the limits of their respective legal powers, the parties to this Lease shall protect the project against pollution of its air, ground and water. The Lessee shall comply promptly with any laws, regulations, conditions or instructions affecting the activity hereby authorized if and when issued by the Environmental Protection Agency, or any federal, state, interstate or local governmental agency having jurisdiction to abate or prevent pollution. The disposal of any toxic or hazardous materials within the Lease area is specifically prohibited. Such regulations, conditions, or instructions in effect or prescribed by the Environmental Protection Agency, or by any federal, state, interstate or local governmental agency, are hereby made a condition of this Lease. The Lessee shall require all sanitation facilities on boats moored at the Lessee's facilities to be sealed against any discharge into the lake. Services for waste disposal, including sewage pump-out of watercraft, shall be provided by the Lessee as appropriate. The Lessee shall not discharge waste or effluent from the premises in such a manner that the discharge will contaminate streams or other bodies of water or otherwise become a public nuisance. b. The Lessee will use all reasonable means available to protect the environment and natural resources, and where damage nonetheless occurs arising from the Lessee's activities, the Lessee shall be liable to restore the damaged resources. c. The Lessee must obtain approval in writing from said officer before any pesticides or herbicides are applied to the premises. 28. RECORD OF ENVIRONMENTAL CONSIDERATION A Record of Environmental Consideration (REC) documenting the known history of the property with regard to the storage, release or disposal of hazardous substances thereon, is attached hereto and made a part hereof as Exhibit "D". Upon expiration, revocation or relinquishment of this Lease another REC shall be prepared which will document the environmental condition of the property at that time. A comparison of the two assessments will assist the said officer in determining any environmental restoration requirements. Any such requirements will be completed by the Lessee in accordance with the condition on RESTORATION. Attachment number 2 \nPage 10 of 25 Item # 7 Lease No. DACW21-1-19-0028 11 29. HISTORIC PRESERVATION The Lessee shall not remove or disturb, or cause or permit to be removed or disturbed, any historical, archaeological, architectural or other cultural artifacts, relics, remains or objects of antiquity. In the event such items are discovered on the premises, the Lessee shall immediately notify said officer and protect the site and the material from further disturbances until said officer gives clearance to proceed. 30. SOIL AND WATER CONSERVATION The Lessee shall maintain, in a manner satisfactory to said officer, all soil and water conservation structures that may be in existence upon said premises at the beginning of or that may be constructed by the Lessee during the term of this Lease, and the Lessee shall take appropriate measures to prevent or control soil erosion within the premises. Any soil erosion occurring outside the premises resulting from the activities of the Lessee shall be corrected by the Lessee as directed by said officer. 31. TRANSIENT USE a. Camping, including transient trailers or recreational vehicles, at one or more campsites for a period longer than thirty (30) days during any sixty (60) consecutive day period is prohibited. b. Occupying any lands, buildings, vessels or other facilities within the premises for the purpose of maintaining a full- or part-time residence is prohibited, except for employees residing on the premises for security purposes if authorized by said officer. 31. COVENANT AGAINST CONTINGENT FEES The Lessee warrants that no person or selling agency has been employed or retained to solicit or secure this Lease upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bon fide employees or established commercial or selling agencies maintained by the Lessee for the purpose of securing business. For breach of violation of this warranty, the United States shall have the right to annul this Lease without liability or, in its discretion, to require the Lessee to pay, in addition to the Lease rental or consideration, the full amount of such commission, percentage, brokerage or contingent fee. 32. COVENANT AGAINST CONTINGENT FEES The Lessee warrants that no person or selling agency has been employed or retailed to solicit or secure this lease upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Lessee for the purpose of securing business. For breach or violation of this warranty, the United States shall have the right to annul this lease without liability or, in its discretion, to require the Lessee to pay, in addition to the lease rental or Attachment number 2 \nPage 11 of 25 Item # 7 Lease No. DACW21-1-19-0028 12 consideration, the full amount of such commission, percentage, brokerage, or contingent fee. 33. OFFICIALS NOT TO BENEFIT No member of or delegate to congress or resident commissioner shall be admitted to any share or part of this Lease or to any benefits to arise therefrom. However, nothing herein contained shall be construed to extend to any incorporated company if this Lease is for the general benefit of such corporation or company. 34. MODIFICATIONS This Lease contains the entire agreement between the parties hereto, and no modification of this Lease, or waiver, or consent hereunder shall be valid unless the same be in writing, signed by the parties to be bound or by a duly authorized representative and this provision shall apply to this condition as well as other conditions of this Lease. 35. DISCLAIMER This Lease is effective only insofar as the rights of the United States in the premises are concerned; and the Lessee shall obtain any permit or license which may be required by Federal, state, or local statute in connection with the use of the premises. It is understood that the granting of this Lease does not preclude the necessity of obtaining any Department of the Army permit for activities which involve the discharge of dredge or fill material or placement of fixed structures in the waters of the United States, pursuant to the provisions of Section 10 of the Rivers and Harbors Act of 3 March 1899 (33 USC Section 403), and Section 404 of the Clean Waters Act (33 USC Section 1344). 36. COMPLIANCE WITH EXECUTIVE ORDER (EO) NO. 13658 (1) Any reference in this section to “prime contractor” or “contractor” shall mean Augusta, Georgia and any reference to “contract” shall refer to Lease No. DACW21-1-19-0028. (a) The parties expressly stipulate this contract is subject to Executive Order 13658, the regulations issued by the Secretary of Labor in 29 CFR part 10 pursuant to the Executive Order, and the following provisions. (b) Minimum Wages. (1) Each worker (as defined in 29 CFR 10.2) engaged in the performance of this contract by the prime contractor or any subcontractor, regardless of any contractual relationship which may be alleged to exist between the contractor and worker, shall be paid not less than the applicable minimum wage under Executive Order 13658. (2) The minimum wage required to be paid to each worker performing work on or in connection with this contract between January 1, 2015 and December 31, 2015 shall be $10.10 per hour. The minimum wage shall be adjusted each time the Secretary of Labor's annual determination of the applicable minimum wage under section 2(a)(ii) of Executive Order 13658 results in a higher minimum wage. Adjustments to the Executive Order minimum wage under Attachment number 2 \nPage 12 of 25 Item # 7 Lease No. DACW21-1-19-0028 13 section 2(a)(ii) of Executive Order 13658 will be effective for all workers subject to the Executive Order beginning January 1 of the following year. If appropriate, the contracting officer, or other agency official overseeing this contract shall ensure the contractor is compensated only for the increase in labor costs resulting from the annual inflation increases in the Executive Order 13658 minimum wage beginning on January 1, 2016. The Secretary of Labor will publish annual determinations in the Federal Register no later than 90 days before such new wage is to take effect. The Secretary will also publish the applicable minimum wage on www.wdol.gov (or any successor Web site). The applicable published minimum wage is incorporated by reference into this contract. (3) The contractor shall pay unconditionally to each worker all wages due free and clear and without subsequent deduction (except as otherwise provided by 29 CFR 10.23), rebate, or kickback on any account. Such payments shall be made no later than one pay period following the end of the regular pay period in which such wages were earned or accrued. A pay period under this Executive Order may not be of any duration longer than semi-monthly. (4) The prime contractor and any upper-tier subcontractor shall be responsible for the compliance by any subcontractor or lower-tier subcontractor with the Executive Order minimum wage requirements. In the event of any violation of the minimum wage obligation of this clause, the contractor and any subcontractor(s) responsible therefore shall be liable for the unpaid wages. (5) If the commensurate wage rate paid to a worker on a covered contract whose wages are calculated pursuant to a special certificate issued under 29 U.S.C. 214(c), whether hourly or piece rate, is less than the Executive Order minimum wage, the contractor must pay the Executive Order minimum wage rate to achieve compliance with the Order. If the commensurate wage due under the certificate is greater than the Executive Order minimum wage, the contractor must pay the 14(c) worker the greater commensurate wage. (c) Withholding. The agency head shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the prime contractor under this or any other Federal contract with the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay workers the full amount of wages required by Executive Order 13658. (d) Contract Suspension/Contract Termination/Contractor Debarment. In the event of a failure to pay any worker all or part of the wages due under Executive Order 13658 or 29 CFR part 10, or a failure to comply with any other term or condition of Executive Order 13658 or 29 CFR part 10, the contracting agency may on its own action or after authorization or by direction of the Department of Labor and written notification to the contractor, take action to cause suspension of any further payment, advance or guarantee of funds until such violations have ceased. Additionally, any failure to comply with the requirements of this clause may be grounds for termination of the right to proceed with the contract work. In such event, the Government may enter into other contracts or arrangements for completion of the work, charging the contractor in default with any additional cost. A breach of the contract clause may be grounds for debarment as a contractor and subcontractor as provided in 29 CFR 10.52. Attachment number 2 \nPage 13 of 25 Item # 7 Lease No. DACW21-1-19-0028 14 (e) The contractor may not discharge any part of its minimum wage obligation under Executive Order 13658 by furnishing fringe benefits or, with respect to workers whose wages are governed by the Service Contract Act, the cash equivalent thereof. (f) Nothing herein shall relieve the contractor of any other obligation under Federal, State or local law, or under contract, for the payment of a higher wage to any worker, nor shall a lower prevailing wage under any such Federal, State, or local law, or under contract, entitle a contractor to pay less than $10.10 (or the minimum wage as established each January thereafter) to any worker. (g) Payroll Records. (1) The contractor shall make and maintain for three years records containing the information specified in paragraphs (g)(1) (i) through (vi) of this section for each worker and shall make the records available for inspection and transcription by authorized representatives of the Wage and Hour Division of the U.S. Department of Labor: (i) Name, address, and social security number. (ii) The worker's occupation(s) or classification(s) (iii) The rate or rates of wages paid. (iv) The number of daily and weekly hours worked by each worker. (v) Any deductions made; and (vi) Total wages paid. (2) The contractor shall also make available a copy of the contract, as applicable, for inspection or transcription by authorized representatives of the Wage and Hour Division. (3) Failure to make and maintain or to make available such records for inspection and transcription shall be a violation of 29 CFR part 10 and this contract, and in the case of failure to produce such records, the contracting officer, upon direction of an authorized representative of the Department of Labor, or under its own action, shall take such action as may be necessary to cause suspension of any further payment or advance of funds until such time as the violations are discontinued. (4) The contractor shall permit authorized representatives of the Wage and Hour Division to conduct investigations, including interviewing workers at the worksite during normal working hours. (5) Nothing in this clause limits or otherwise modifies the contractor's payroll and recordkeeping obligations, if any, under the Davis-Bacon Act, as amended, and its implementing regulations; the Service Contract Act, as amended, and its implementing regulations; the Fair Labor Standards Act, as amended, and its implementing regulations; or any other applicable law. Attachment number 2 \nPage 14 of 25 Item # 7 Lease No. DACW21-1-19-0028 15 (h) The contractor (as defined in 29 CFR 10.2) shall insert this clause in all of its covered subcontracts and shall require its subcontractors to include this clause in any covered lower-tier subcontracts. The prime contractor and any upper-tier subcontractor shall be responsible for the compliance by any subcontractor or lower-tier subcontractor with this contract clause. (i) Certification of Eligibility. (1) By entering into this contract, the contractor (and officials thereof) certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of the sanctions imposed pursuant to section 5 of the Service Contract Act, section 3(a) of the Davis-Bacon Act, or 29 CFR 5.12(a)(1). (2) No part of this contract shall be subcontracted to any person or firm whose name appears on the list of persons or firms ineligible to receive Federal contracts. (3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. (j) Tipped employees. In paying wages to a tipped employee as defined in section 3(t) of the Fair Labor Standards Act, 29 U.S.C. 203(t), the contractor may take a partial credit against the wage payment obligation (tip credit) to the extent permitted under section 3(a) of Executive Order 13658. In order to take such a tip credit, the employee must receive an amount of tips at least equal to the amount of the credit taken; where the tipped employee does not receive sufficient tips to equal the amount of the tip credit the contractor must increase the cash wage paid for the workweek so that the amount of cash wage paid and the tips received by the employee equal the applicable minimum wage under Executive Order 13658. To utilize this proviso: (1) The employer must inform the tipped employee in advance of the use of the tip credit; (2) The employer must inform the tipped employee of the amount of cash wage that will be paid and the additional amount by which the employee's wages will be considered increased on account of the tip credit; (3) The employees must be allowed to retain all tips (individually or through a pooling arrangement and regardless of whether the employer elects to take a credit for tips received); and (4) The employer must be able to show by records that the tipped employee receives at least the applicable Executive Order minimum wage through the combination of direct wages and tip credit. (k) Antiretaliation. It shall be unlawful for any person to discharge or in any other manner discriminate against any worker because such worker has filed any complaint or instituted or caused to be instituted any proceeding under or related to Executive Order 13658 or 29 CFR part 10, or has testified or is about to testify in any such proceeding. Attachment number 2 \nPage 15 of 25 Item # 7 Lease No. DACW21-1-19-0028 16 (l) Disputes concerning labor standards. Disputes related to the application of Executive Order 13658 to this contract shall not be subject to the general disputes clause of the contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR part 10. Disputes within the meaning of this contract clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the workers or their representatives. (m) Notice. The contractor must notify all workers performing work on or in connection with a covered contract of the applicable minimum wage rate under the Executive Order. With respect to service employees on contracts covered by the Service Contract Act and laborers and mechanics on contracts covered by the Davis-Bacon Act, the contractor may meet this requirement by posting, in a prominent and accessible place at the worksite, the applicable wage determination under those statutes. With respect to workers performing work on or in connection with a covered contract whose wages are governed by the FLSA, the contractor must post a notice provided by the Department of Labor in a prominent and accessible place at the worksite so it may be readily seen by workers. Contractors that customarily post notices to workers electronically may post the notice electronically provided such electronic posting is displayed prominently on any Web site that is maintained by the contractor, whether external or internal, and customarily used for notices to workers about terms and conditions of employment. (n) If a duly authorized representative of the United States discovers or determines, whether before or subsequent to executing this contract, that an erroneous determination regarding the applicability of Executive Order 13658 was made, contractor, to the extent permitted by law, agrees to indemnify and hold harmless the United States, its officers, agents, and employees, for and from any and all liabilities, losses, claims, expenses, suits, fines, penalties, judgments, demands or actions, costs, fees, and damages directly or indirectly arising out of, caused by, related to, resulting from or in any way predicated upon, in whole or in part, the erroneous Executive Order 13658 determination. This includes contractor releasing any claim or entitlement it would otherwise have to an equitable adjustment to the contract and indemnifying and holding harmless the United States from the claims of subcontractors and contractor employees. 37. COMPLIANCE WITH EXECUTIVE ORDER (EO) NO. 13706 Any reference in this section to “prime contractor” or “contractor” shall mean Augusta, Georgia and any reference to “contract” shall refer to Lease No. DACW21-1-19-0028. (a) Executive Order 13706. This contract is subject to Executive Order 13706, the regulations issued by the Secretary of Labor in 29 CFR part 13 pursuant to the Executive Order, and the following provisions. (b) Paid sick leave. (1) The contractor shall permit each employee (as defined in 29 CFR 13.2) engaged in the performance of this contract by the prime contractor or any subcontractor, regardless of any contractual relationship that may be alleged to exist between the contractor and employee, to Attachment number 2 \nPage 16 of 25 Item # 7 Lease No. DACW21-1-19-0028 17 earn not less than 1 hour of paid sick leave for every 30 hours worked. The contractor shall additionally allow accrual and use of paid sick leave as required by Executive Order 13706 and 29 CFR part 13. The contractor shall in particular comply with the accrual, use, and other requirements set forth in 29 CFR 13.5 and 13.6, which are incorporated by reference in this contract. (2) The contractor shall provide paid sick leave to all employees when due free and clear and without subsequent deduction (except as otherwise provided by 29 CFR 13.24), rebate, or kickback on any account. The contractor shall provide pay and benefits for paid sick leave used no later than one pay period following the end of the regular pay period in which the paid sick leave was taken. (3) The prime contractor and any upper-tier subcontractor shall be responsible for the compliance by any subcontractor or lower-tier subcontractor with the requirements of Executive Order 13706, 29 CFR part 13, and this clause. (c) Withholding. The contracting officer shall, upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the prime contractor under this or any other Federal contract with the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay employees the full amount owed to compensate for any violation of the requirements of Executive Order 13706, 29 CFR part 13, or this clause, including any pay and/or benefits denied or lost by reason of the violation; other actual monetary losses sustained as a direct result of the violation, and liquidated damages. (d) Contract Suspension/Contract Termination/Contractor Debarment. In the event of a failure to comply with Executive Order 13706, 29 CFR part 13, or this clause, the contracting agency may on its own action or after authorization or by direction of the Department of Labor and written notification to the contractor, take action to cause suspension of any further payment, advance, or guarantee of funds until such violations have ceased. Additionally, any failure to comply with the requirements of this clause may be grounds for termination of the right to proceed with the contract work. In such event, the Government may enter into other contracts or arrangements for completion of the work, charging the contractor in default with any additional cost. A breach of the contract clause may be grounds for debarment as a contractor and subcontractor as provided in 29 CFR 13.52. (e) The paid sick leave required by Executive Order 13706, 29 CFR part 13, and this clause is in addition to a contractor's obligations under the Service Contract Act and Davis- Bacon Act, and a contractor may not receive credit toward its prevailing wage or fringe benefit obligations under those Acts for any paid sick leave provided in satisfaction of the requirements of Executive Order 13706 and 29 CFR part 13. (f) Nothing in Executive Order 13706 or 29 CFR part 13 shall excuse noncompliance with or supersede any applicable Federal or State law, any applicable law or municipal ordinance, or a collective bargaining agreement requiring greater paid sick leave or leave rights than those established under Executive Order 13706 and 29 CFR part 13. Attachment number 2 \nPage 17 of 25 Item # 7 Lease No. DACW21-1-19-0028 18 (g) Recordkeeping. (1) Any contractor performing work subject to Executive Order 13706 and 29 CFR part 13 must make and maintain, for no less than three (3) years from the completion of the work on the contract, records containing the information specified in paragraphs (i) through (xv) of this section for each employee and shall make them available for inspection, copying, and transcription by authorized representatives of the Wage and Hour Division of the U.S. Department of Labor: (i) Name, address, and Social Security number of each employee; (ii) The employee's occupation(s) or classification(s); (iii) The rate or rates of wages paid (including all pay and benefits provided); (iv) The number of daily and weekly hours worked; (v) Any deductions made; (vi) The total wages paid (including all pay and benefits provided) each pay period; (vii) A copy of notifications to employees of the amount of paid sick leave the employee has accrued, as required under 29 CFR 13.5(a)(2); (viii) A copy of employees' requests to use paid sick leave, if in writing, or, if not in writing, any other records reflecting such employee requests; (ix) Dates and amounts of paid sick leave taken by employees (unless a contractor's paid time off policy satisfies the requirements of Executive Order 13706 and 29 CFR part 13 as described in § 13.5(f)(5), leave must be designated in records as paid sick leave pursuant to Executive Order 13706); (x) A copy of any written responses to employees' requests to use paid sick leave, including explanations for any denials of such requests, as required under 29 CFR 13.5(d)(3); (xi) Any records reflecting the certification and documentation a contractor may require an employee to provide under 29 CFR 13.5(e), including copies of any certification or documentation provided by an employee; (xii) Any other records showing any tracking of or calculations related to an employee's accrual or use of paid sick leave; (xiii) The relevant covered contract; (xiv) The regular pay and benefits provided to an employee for each use of paid sick leave; and Attachment number 2 \nPage 18 of 25 Item # 7 Lease No. DACW21-1-19-0028 19 (xv) Any financial payment made for unused paid sick leave upon a separation from employment intended, pursuant to 29 CFR 13.5(b)(5), to relieve a contractor from the obligation to reinstate such paid sick leave as otherwise required by 29 CFR 13.5(b)(4). (2) (i) If a contractor wishes to distinguish between an employee's covered and non- covered work, the contractor must keep records or other proof reflecting such distinctions. Only if the contractor adequately segregates the employee's time will time spent on non-covered work be excluded from hours worked counted toward the accrual of paid sick leave. Similarly, only if that contractor adequately segregates the employee's time may a contractor properly refuse an employee's request to use paid sick leave on the ground that the employee was scheduled to perform non-covered work during the time she asked to use paid sick leave. (ii) If a contractor estimates covered hours worked by an employee who performs work in connection with covered contracts pursuant to 29 CFR 13.5(a)(i) or, (iii) The contractor must keep records or other proof of the verifiable information on which such estimates are reasonably based. Only if the contractor relies on an estimate that is reasonable and based on verifiable information will an employee's time spent in connection with non-covered work be excluded from hours worked counted toward the accrual of paid sick leave. If a contractor estimates the amount of time an employee spends performing in connection with covered contracts, the contractor must permit the employee to use her paid sick leave during any work time for the contractor. (3) In the event a contractor is not obligated by the Service Contract Act, the Davis- Bacon Act, or the Fair Labor Standards Act to keep records of an employee's hours worked, such as because the employee is exempt from the FLSA's minimum wage and overtime requirements, and the contractor chooses to use the assumption permitted by 29 CFR 13.5(a)(1)(iii), the contractor is excused from the requirement in paragraph (1)(d) of this section to keep records of the employee's number of daily and weekly hours worked. (4) (i) Records relating to medical histories or domestic violence, sexual assault, or stalking, created for purposes of Executive Order 13706, whether of an employee or an employee's child, parent, spouse, domestic partner, or other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship, shall be maintained as confidential records in separate files/records from the usual personnel files. (ii) If the confidentiality requirements of the Genetic Information Nondiscrimination Act of 2008 (GINA), section 503 of the Rehabilitation Act of 1973, and/or the Americans with Disabilities Act (ADA) apply to records or documents created to comply with the recordkeeping requirements in this contract clause, the records and documents must also be maintained in compliance with the confidentiality requirements of the GINA, section 503 of the Rehabilitation Act of 1973, and/or ADA as described in 29 CFR Attachment number 2 \nPage 19 of 25 Item # 7 Lease No. DACW21-1-19-0028 20 1635.9, 41 CFR 60-741.23(d), and 29 CFR 1630.14(c)(1), respectively. (iii) The contractor shall not disclose any documentation used to verify the need to use 3 or more consecutive days of paid sick leave for the purposes listed in 29 CFR 13.5(c)(1)(iv) (as described in 29 CFR 13.5(e)(1)(ii)) and shall maintain confidentiality about any domestic abuse, sexual assault, or stalking, unless the employee consents or when disclosure is required by law. (5) The contractor shall permit authorized representatives of the Wage and Hour Division to conduct interviews with employees at the worksite during normal working hours. (6) Nothing in this contract clause limits or otherwise modifies the contractor's recordkeeping obligations, if any, under the Davis-Bacon Act, the Service Contract Act, the Fair Labor Standards Act, the Family and Medical Leave Act, Executive Order 13658, their respective implementing regulations, or any other applicable law. (h) The contractor (as defined in 29 CFR 13.2) shall insert this clause in all of its covered subcontracts and shall require its subcontractors to include this clause in any covered lower-tier subcontracts. (i) Certification of Eligibility. (1) By entering into this contract, the contractor (and officials thereof) certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of the sanctions imposed pursuant to section 5 of the Service Contract Act, section 3(a) of the Davis-Bacon Act, or 29 CFR 5.12(a)(1). (2) No part of this contract shall be subcontracted to any person or firm whose name appears on the list of persons or firms ineligible to receive Federal contracts currently maintained on the System for Award Management Web site, http://www.SAM.gov. (3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. (j) Interference/Discrimination. (1) A contractor may not in any manner interfere with an employee's accrual or use of paid sick leave as required by Executive Order 13706 or 29 CFR part 13. Interference includes, but is not limited to, miscalculating the amount of paid sick leave an employee has accrued, denying or unreasonably delaying a response to a proper request to use paid sick leave, discouraging an employee from using paid sick leave, reducing an employee's accrued paid sick leave by more than the amount of such leave used, transferring an employee to work on non- covered contracts to prevent the accrual or use of paid sick leave, disclosing confidential information contained in certification or other documentation provided to verify the need to use paid sick leave, or making the use of paid sick leave contingent on the employee's finding a replacement worker or the fulfillment of the contractor's operational needs. Attachment number 2 \nPage 20 of 25 Item # 7 Lease No. DACW21-1-19-0028 21 (2) A contractor may not discharge or in any other manner discriminate against any employee for: (i) Using, or attempting to use, paid sick leave as provided for under Executive Order 13706 and 29 CFR part 13; (ii) Filing any complaint, initiating any proceeding, or otherwise asserting any right or claim under Executive Order 13706 and 29 CFR part 13; (iii) Cooperating in any investigation or testifying in any proceeding under Executive Order 13706 and 29 CFR part 13; or (iv) Informing any other person about his or her rights under Executive Order 13706 and 29 CFR part 13. (k) Waiver. Employees cannot waive, nor may contractors induce employees to waive, their rights under Executive Order 13706, 29 CFR part 13, or this clause. (l) Notice. The contractor must notify all employees performing work on or in connection with a covered contract of the paid sick leave requirements of Executive Order 13706, 29 CFR part 13, and this clause by posting a notice provided by the Department of Labor in a prominent and accessible place at the worksite so it may be readily seen by employees. Contractors that customarily post notices to employees electronically may post the notice electronically, provided such electronic posting is displayed prominently on any Web site that is maintained by the contractor, whether external or internal, and customarily used for notices to employees about terms and conditions of employment. (m) Disputes concerning labor standards. Disputes related to the application of Executive Order 13706 to this contract shall not be subject to the general disputes clause of the contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR part 13. Disputes within the meaning of this contract clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. Attachment number 2 \nPage 21 of 25 Item # 7 Lease No. DACW21-1-19-0028 22 37. SPECIAL CONDITIONS a. This Lease supersedes Lease No. DACW21-1-09-2013 which was granted to AUGUSTA GEORGIA for ten (10) years term beginning December 8, 2009 and ending December 7, 2018. b. Augusta, Georgia is granted the park and a section of the concrete up to the lock chamber. The lock chamber and any associated operations of this facility have been removed from this agreement as the lock is no longer operational for safety reasons. The county will maintain all safety railings and foot grates adjacent to the lock chamber. All County tools and equipment will be removed from the lock and dam control building upon the execution of this document. {SIGNATURE PAGES FOLLOW} Attachment number 2 \nPage 22 of 25 Item # 7 Lease No. DACW21-1-19-0028 23 IN THIS LEASE is not subject to Title 10, United States Code, Section 2662, as amended. IN WITNESS WHEREOF, I have hereunto set my hand by authority of the Secretary of the ARMY, this ________ day of______________________, 2019 _________________________________ ____________________________ Witness (1) ____________________________ Witness (2) STATE OF GEORGIA ) : ss COUNTY OF CHATHAM ) On this _______ day of _________________, 2019 before me the undersigned Notary Public, personally appeared Robert M. Jewell, Deputy Chief, Real Estate Division, U.S. Army Engineer District, Savannah, Georgia, known to me to be the person described in the foregoing instrument, who acknowledged that he executed the same in the capacity therein stated and for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. _________________________________ Notary Public My Commission Expires: ____________________ Attachment number 2 \nPage 23 of 25 Item # 7 Lease No. DACW21-1-19-0028 24 THIS LEASE is also executed by the Lessee this _____ day of _______________, 2019 AUGUSTA, GEORGIA BY: _____________________________ TITLE: __________________________ ______________________________ Witness (1) ______________________________ Witness (2) STATE OF ________________) : ss COUNTY OF ______________) On this _______ day of _________________, 2019, before me the undersigned Notary Public, personally appeared ________________________________________, known to me to be the person described in the foregoing instrument, who acknowledged that he executed the same in the capacity therein stated and for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. _________________________________ Notary Public My Commission Expires: ____________________ Attachment number 2 \nPage 24 of 25 Item # 7 Lease No. DACW21-1-19-0028 25 CERTIFICATE OF AUTHORITY I ________________________ (name) certify that I am the _______________________ (title) of AUGUSTA, GEORGIA , that ____________________ (signator of outgrant) who signed the foregoing instrument on behalf of the Grantee was then ____________________ (title of signator of outgrant) of AUGUSTA, GEORGIA I further certify that the said officer was acting within the scope of powers delegated to this governing body of the Grantee in executing said instrument. AUGUSTA, GEORGIA Date: ________ ___________________________________ Clerk or Appropriate Official (AFFIX SEAL) Attachment number 2 \nPage 25 of 25 Item # 7 Public Service Committee Meeting 8/13/2019 1:00 PM Augusta Recreation MOU Agreements Department: Presenter:Commissioner Marion Williams) Caption:Discuss MOU operational agreements with the various outside agencies relative to Augusta Recreation Facilities. (Requested by Commissioner Marion Williams) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 8 Attachment number 1 \nPage 1 of 3 Item # 8 Attachment number 1 \nPage 2 of 3 Item # 8 Attachment number 1 \nPage 3 of 3 Item # 8 Public Service Committee Meeting 8/13/2019 1:00 PM Downtown Landscaping Improvement Project - Bid Item #19-217 Department:Recreation and Parks Department Presenter:Ron Houck Caption:Motion to approve Bid Item #19-217 Downtown Landscaping Improvement Project to Jacobs Landscaping in the amount of $27,650. Background:During the 2019 budget process, the Recreation and Parks staff proposed a plan to improve the overall aesthetics and maintenance of downtown landscaping, including mowing, trimming and shrub bed maintenance within the Greene Street and Broad Street corridors, as well as at the Old Government House/Hagler Garden and several turf islands on East Boundary. New program funding was approved effective 7/1/19 for one- half the requested amount for $48,250. Bids were requested through Procurement; five firms submitted responsive bids on this work. Jacobs Landscaping, 733 Scott Nixon Memorial Dr., Augusta, GA 30907 was selected as the most responsible bidder within available funds. The Low Bidder, was deemed not responsible due to substandard references and the lack of completing similar type landscaping services based upon these references. Analysis:The Department supports this initiative, as the downtown corridor is a high profile area traveled daily by thousands of drivers, and visited by thousands each year during special events. Augusta will benefit from the functional and aesthetic improvements made by funding this initiative. The Procurement Director has approved the Recreation and Parks Department proceeding with the award to the next lowest most responsive bidder based on the detail review of the references. The award of bid is based on a ten-day cycle (3x/month). Financial Impact:The cost of this item will be $27,650. Alternatives: Cover Memo Item # 9 1. To Approve 2. Move No Action which may result in lower quality landscape and maintenance. Recommendation:1. To Approve Funds are Available in the Following Accounts: Funds are available in account 101-06-1122-53-19150. REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 9 Attachment number 1 \nPage 1 of 4 Item # 9 Attachment number 1 \nPage 2 of 4 Item # 9 Attachment number 1 \nPage 3 of 4 Item # 9 Attachment number 1 \nPage 4 of 4 Item # 9 Invitation to Bid Sealed bids will be received at this office until Friday, May 10, 2019 @ 11:00 a.m. for furnishing: Bid Item #19-217 Downtown Landscaping Maintenance – 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. A Mandatory Pre Bid Conference will be held on Thursday, April 25, 2019 @ 10:00 a.m. in the Procurement Department, 535 Telfair Street, Room 605. 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, April 26, 2019 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference an eligible bidder must submit a completed and signed written application to become a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project. An eligible bidder who fails to submit an application for approval as a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project, and who otherwise meets the requirements for approval as a local bidder, will not be qualified for a bid preference on such eligible local project. No bids may be withdrawn for a period of ninety (90) days after bids have been opened, pending the execution of contract with the successful bidder. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle March 28, April 4, 11, 18, 2019 Metro Courier March 28, 2019 Attachment number 2 \nPage 1 of 1 Item # 9 OFFICIAL VENDORS Attachment B E-Verify Number SAVE Form Addendum 1 Ground Maintenance Fee Location 7-Day Cycle 10-Day Cycle 7-Day Cycle 10-Day Cycle 7-Day Cycle 10-Day Cycle 7-Day Cycle 10-Day Cycle 7-Day Cycle 10-Day Cycle 7-Day Cycle 10-Day Cycle 7-Day Cycle 10-Day Cycle Greene Street: 12th St. to E. Boundary (Turf and Landscape) $33,755.28 $30,379.75 $76,167.27 $63,472.46 NB NB $18,900.00 $17,838.00 $33,275.00 $23,075.00 $41,400.00 $31,080.00 Broad Street: 5th Street to E. Boundary (Turf and Landscape) $12,980.76 $11,682.68 $33,522.12 $28,310.10 NB NB $7,500.00 $6,498.00 $20,700.00 $14,750.00 $27,363.60 $20,880.00 East Boundary: (Turf Only) Two medians between Greene/Broad Street $3,006.78 $2,706.10 $5,495.48 $4,579.57 $1,125.00 $1,565.85 $600.00 $480.00 $2,075.00 $1,475.00 $6,720.00 $5,382.00 Old Government House/Hagler Garden: (Turf and Landscape) $6,312.24 $5,681.02 $2,986.20 $1,659.00 $2,950.98 $3,579.90 $3,600.00 $3,198.00 $3,170.00 $2,175.00 $7,980.00 $6,480.00 THE FOLLOWING VENDORS DID NOT RESPOND: KOHN'S LAWN CARE / 1918 CARVERS CT / HEPHZIBAH, GA 30815 TNT LAWN CARE & HANDY MAN SERVICES / 4213 JAMES DR / HEPHZIBAH, GA 30815 TWIN LAKES LANDSCAPING, LLC / 1231 BETTIS ACADEMY RD / TRENTON, SC 29847 PIEDMONT LANDSCAPE MANAGEMENT / 1048 FRANKE INDUSTRIAL DR / AUGUSTA, GA 30904 FLINT RIVER CONSTRUCTION / 310 WEST GORDON STREET / ALBANY, GA 31701 JACOBS LAND MGT. 733 SCOTT NIXON MEMORIAL DR YES WORLDSCAPES, LGP LLC 220 WEST AVE NORTH AUGUSTA, SC Non-Compliant (Late Submittal) H & H CONCRETE FINISHING 1820 FAIRVIEW AVENUE AUGUSTA, GA 30904 YES NO AUGUSTA QUALITY LLC 1540 KERON WAY HEPHZIBAH, GA 30813 YES YES YES YES Bid Opening Item #19-217 Downtown Landscaping Maintenance for Augusta, Georgia- Recreation and Parks Department Bid Due: Friday, May 10, 2019 @ 11:00 a.m. Total Number Specifications Mailed Out: 52 Total Number Specifications Download (Demandstar): 3 Total Electronic Notifications (Demandstar): 21 Mandatory Pre-Bid/Telephone Conference: 12 Georgia Procurement Registry: 678 Total packages submitted: 6 Total Non-Compliant: 2 BUILDING BONDS MAINTENANCE SERVICES 945 7TH STREET AUGUSTA, GA 30901 YES 1254862 YES DAVIS LANDSCAPE COMPANY PO BOX 350 HEPHZIBAH, GA 30815 YES 310404 YES GEORGE WILSON CONTRACTING 3608 KENTWOOD DRIVE AUGUSTA, GA 30906 YES 965518 YES YES 4178731339871 YES 639585 YES YES YES Page 1 of 1 Attachment number 3 \nPage 1 of 1 Item # 9 Attachment number 4 \nPage 1 of 3 Item # 9 Attachment number 4 \nPage 2 of 3 Item # 9 Attachment number 4 \nPage 3 of 3 Item # 9 Attachment number 5 \nPage 1 of 1 Item # 9 Attachment number 6 \nPage 1 of 5 Item # 9 Attachment number 6 \nPage 2 of 5 Item # 9 Attachment number 6 \nPage 3 of 5 Item # 9 Attachment number 6 \nPage 4 of 5 Item # 9 Attachment number 6 \nPage 5 of 5 Item # 9 Attachment number 7 \nPage 1 of 2 Item # 9 Attachment number 7 \nPage 2 of 2 Item # 9 Public Service Committee Meeting 8/13/2019 1:00 PM Property Code Sections Department: Presenter:Commissioner Marion Williams Caption:Discuss Augusta Code Section 7-2-69 and other related code sections that address the accumulation of items and overgrowth of vegetation on residential properties. (Requested by Commissioner Marion Williams) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 10 s 7-2-68 Sec. 7-2-68. Storage/containment area. (a) Containment stations shall consist of indi- vidual containers that are placed on concrete, under shelter, clearly labeled to identify its con- tents, sealable, and suitable for storage. (b) Premises must be monitored continuously, and any leaks or drips are to be addressed imme- diately. (c) The base of the containment station shall be dry kept only and never cleaned by spraying or pressure washing. (d) Scrap tires shall be stored as follows: (1) It shall be unlawful for any commercial business to accumulate more than five hundred (500) scrap tires on the property in which it owns or occupies at any given time. Accumulated scrap tires shall be disposed of a minimum of once every 90 days. (2) It shall be unlawful for any person or entity authorized by this article and./or state law to handle store, and/or dispose of scrap tires, to do so in any manner other than the following: permitted quan- tities of scrap tires may be stored outside on the property ofan authorized businessin a container enclosed on all four (4) sides by a solid screen and having a secure top cover, which container is not visible from any public right of way or any adjoining property. (Ord. No. 6727, * 3,9-21-04) DIVISION 4. GENERALYARD MAINTENANCE [Sec. 7-2-69. General yard maintenance.] (a) Vegetation shall be maintained in a man- ner, which will not be conducive to insect or rodent infestation. (b) Property shall be maintained in accordance with local and state storm water and environmen- tal and sedimentation regulations. AUGUSTA-RICHMOND COUNTY CODE, READOPTED 7.10-2007 (c) All waste shall be disposed of by a GAEPD or USEPA approved facility and all manifest, receipts, and or approved documentation shall be retained on site for review upon inspection for a minimum of (3) three years. (d) Property shall be maintained in a manner not to impair or pose potential threat to human, health, safety and shall not affect the quality of life in surrounding, and./or adjoining properties, as follows: (1) All vehicles, recovered materials, and waste are not to exceed stacks higher than 1 vehicle high or 6 feet in height. (2) Vehicles must remain in orderly forma- tion (in rows), and establish and maintain a frre/maintenance lane between rows. (Ord. No. 6727, * 4, 9-21-04) DTVISION 5. LAND USE REQUIREMENTS [Sec. 7-2-70. Land use requirements.] (a) All buildings, (excluding existing buildings and equipment and operation therein) equip- ment, operation, (except roads) and salvage ma- terial and parts thereof, shall not be situated within 50 feet of an intermittent or continuously flowing stream as designated on the most recent Geological survey map and./or labeled or deemed "State Waters." (b) Any proposed auto salvage yards, used parts lots/junk yards, shall provide a parcel size of 10 acres or greater to include the "active area" labeled after set backs are determined. (c) All existing and/or proposed auto salvage yards, used parts lots, junk yards shall provide screening as listed: (1) Green mesh nylon shade cloth securely attached to 6 foot cyclone fence, or Q) Six foot in height wood board privacy fence with no color alteration, and main- tained on a continuous basis. (3) Comply with the Augusta-Richmond County Tlee Ordinance-Chapter 8-4- 11(eX5) Street Yard Requirements. (Ord. No. 6727, i 5, 9-21-04) T7:50 Attachment number 1 \nPage 1 of 1 Item # 10 Public Service Committee Meeting 8/13/2019 1:00 PM Purchase New Bus Shelters Department:Augusta Public Transit Presenter:Sharon Dottery Caption:A motion to approve the purchase of Seventeen (17) New Bus Shelters from Austin Mohawk and Company, LLC. Background:Austin Mohawk was determined to be the lowest cost. The bid process was initiated and awarded by the City of Augusta Public Transit Department. This quote consist of Shelter, Bench in shelter, Solar Lighting and Freight for a fixed price of $5,805.00 for each shelter. Totaling $98,685.00 for 17 Shelters. Analysis:The Shelters will replace aging Shelters that exceed the 10 year useful life established by the Federal Transit Administration. The primary purpose of bus shelters is to provide convenient locations for the citizens of Augusta and visitors to the area when using the transit system. Financial Impact:This purchase will be funded with local and federal grant funds from the Transit Department’s 2019 Capital Budget. The allocated funding breakdown is: Grants 80/20 Split 80% FTA 20% Local FTA Grant GA-90-X-300 $12,336.00 $ 3,084.00 FTA Grant GA-90-X-307 $20,000.00 $ 5,000.00 FTA Grant GA-90-X-343 $46,612.00 $11,653.00 Total $98,685.00 $78,948.0 $19,737.00 Alternatives:Do not approve. Recommendation:Approve the purchase of the seventeen 17 bus shelters from Austin Mohawk. Funds are Available in the Following Accounts: GA-90-X-300 54709-1210-54-12130 $15,300 GA-90-X-307 54709-1211-54-12130 $25,000 GA-90-X-343 54709-1215-54- 12130 $60,000 Cover Memo Item # 11 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 11 Attachment number 1 \nPage 1 of 3 Item # 11 Attachment number 1 \nPage 2 of 3 Item # 11 Attachment number 1 \nPage 3 of 3 Item # 11 © 2019 Brasco International, Inc. All Rights Reserved QUOTE Quote Number: 061219IR05 Quote Date: June 12, 2019 Quote Expiration: 30 Days from Quote Date Return to: iriley@brasco.com PREPARED BY PROJECT NAME PAYMENT TERMS (WITH APPROVED CREDIT) LEAD TIME Ian Riley Slimline Series Structure Net 30 Days ±18-20 Weeks from Approvals QTY ITEM DESCRIPTION UNIT PRICE TOTAL 1 SL-0510-F-R-HI-AL-TG 5’ x 10’ Slimline Series Aluminum Structure Four Sided; Front Windscreen with One ADA Opening Dark Bronze or Clear Anodized Aluminum Finish 1/4” Clear Tempered Safety Glass Standing Seam Aluminum Hip Roof with 2 1/2” Fascia and Integral Gutter 5’ Wall Mount Aluminum Bench with Backrest $6,250 $6,250 Option Solar Lighting Complete Solar Lighting Package with Solar Panel, Battery, Solar Controller, Vented Enclosure, and LED Light $1,575 $1,575 Subtotal $7,825 Freight Included Total $7,825 This is a quotation on the above products listed and is subject to the conditions noted below. Prices are subject to change after quote expiration date. Payment terms are subject to change per Brasco’s Financial Credit Approval Process. Offloading shipments is the responsibility of the customer. Please note that a forklift with 8’ forks is required unless otherwise noted in writing. Structures must be anchored into concrete or as otherwise specified; all anchoring hardware is included. Structural Engineering with Stamped Drawings and Structural Calculations are not included in this quotation and are an additional $975, if required. Lead time begins after all approvals including drawings, color selections, applicable deposits, etc. Our lead times have temporarily increased due to a high amount of large orders in a short time frame. Our production team is doing everything possible to return our lead times to normal. Thank you for your understanding and patience. _______________________________________________________________________________ __________________________________________ Signature of Acceptance* Date ________________________________________________________________________________ __________________________________________ Print Name Title *The above prices, specifications and conditions are satisfactory and are hereby accepted. Brasco International, Inc. is authorized to proceed with the supply of products as noted. Brasco International, Inc. is a vendor and not a contractor or subcontractor. Brasco International, Inc. is not subject to any payment retainage or liquidated damages. All Brasco standard terms and conditions of sale apply. We Thank You For Your Business Quoted for: Sharon Dottery Augusta Transit (706) 823-4400 SDottery@augustaga.gov 32400 Industrial Dr. Madison Heights, MI 48071 ● P: (313) 393-0393 F: (313) 393-0499 www.BRASCO.com Attachment number 2 \nPage 1 of 3 Item # 11 © 2019 Brasco International, Inc. All Rights Reserved 32400 Industrial Dr. Madison Heights, MI 48071 ● P: (313) 393-0393 F: (313) 393-0499 Brasco International, Inc. (“Brasco”) Standard Terms and Conditions of Sale The Brasco International, Inc. Standard Terms and Conditions of Sale (“Terms and Conditions”) are incorporated herein by reference and form part of this agreement. This quota-tion shall be valid for 30 days unless otherwise withdrawn by Brasco prior to Purchaser accepting. Purchaser’s issuance of either a purchase order or an acceptance shall consti-tute an acceptance of the Brasco Terms and Conditions. Acceptance shall be in writing. Any additional terms or modifications to the Brasco Terms and Conditions proposed by Purchaser, whether in a purchaser order or otherwise, are expressly rejected by Brasco and not part of the agreement between Brasco and Purchaser. The agreement between Brasco and the Purchaser shall be referred to herein and in the Brasco Terms and Conditions as the “Contract”. This quote constitutes an offer to sell products and services on terms expressed herein and shall be construed as inviting acceptance from the Purchaser. Terms of Payment. Notwithstanding anything contained herein, payment shall be due in accordance with the terms of Brasco’s Acknowledgment (“Acknowledgment”), which will be generated upon receipt by Brasco of the Purchaser’s signature on the Quote or receipt by Brasco of the Purchaser’s signature on the Acknowledgment. An invoice will be gener-ated by Brasco pursuant to the terms of payment under the Contract once Brasco has completed the Order, and the due date for the payment of balance due under the Contract shall be on the invoice. Warranties. Components not manufactured by Brasco shall be covered by their relevant manufacturer’s warranty only. Brasco Products must be installed in accordance with Brasco’s installation instructions. The workmanship, design and machined components on the Products are warranted to conform to the applicable specifications and to be free from defects in workmanship and materials for the relevant period listed in Fig. 1. All warranties begin from the date of delivery (DOD). Brasco will transfer ownership and good title to the Products free and clear of liens and rights of third parties. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, ARISING BY LAW OR CUSTOM, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PAR-TICULAR PURPOSE. ALL IMPLIED WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. FIG. 1: STANDARD PRODUCT WARRANTIES FROM DATE OF DELIVRY General Product Workmanship 1 Year Powder Coat Finish 2 Years for Aluminum Products, 1 Year for Steel Products Solar Panels 2 Years Per Manufacturer’s Warranty Solar Lighting Mounting Hardware 1 Year LED Light Fixture & Engine 3 Years Wire Harnesses and Connectors 3 Years Solar Charge Controller 3 Years Solar Batteries 3 Year Proration (0-12 months: 100%, 13-24 months: 50%, 25-36 months: 25% refunded / applied). Sealed lead acid batteries will self- discharge in storage. Batteries should be stored indoors at a recommended 68 degrees Fahrenheit for max. shelf life. Batteries should be installed no later than 3 months of delivery or battery warranties will be void. Limited Remedies. Any warranty claims by Purchaser shall be communicated to Brasco in writing. Failure by Purchaser to give written notice of claim within the stated warranty period shall be deemed an absolute and unconditional waiver of Purchaser’s warranty claim. Purchaser’s sole and exclusive remedy for a valid warranty claim is either repair or replacement of the Products or a full refund of the price paid by Purchaser for the Products (which remedy shall be selected by Brasco). The remedy does not include the cost of installation, removal, dismantling, or reinstallation and is limited to replacement parts. Shipping and handling fees are not included under warranty terms and are the responsibility of the Purchaser. Purchaser will provide Brasco with access to all available warranty data and the Products. Purchaser will also provide Brasco with an opportunity to participate in root cause analysis performed by Purchaser concerning the Products. Brasco shall have no liability to the extent Products are or have been: (a) modified by Purchaser or a third party; (b) modified by Brasco at Purchaser’s request; (c) made to specifications not provided by Brasco; (d) used or installed in a way not known to Brasco or operated under condi-tions not known to Brasco; or (e) subject to misuse, abuse or improper storage, installation or maintenance. Payment Late Charges, Certain Remedies and Recovery of Expenses. Except as otherwise provided in the Acknowledgment, all payments are due thirty (30) days from the date of Brasco’s invoice and shall be paid in United States currency. Purchaser shall pay a charge equal to the lesser of (i) the highest rate allowable by law or (ii) 1.5% per month (18% per annum) of the unpaid balance with respect to any late payments. In addition, Purchaser shall pay all costs and expenses incurred by Brasco, including actual attorney’s fees, which were incurred in connection with enforcing the Contract and/or collecting any past due payments. Brasco shall have the right of setoff, the right to terminate the Contract and/or the right to suspend further deliveries under the Contract and/or other agreements with Purchaser, the right to recover damages in addition to any other remedies available to Brasco as a matter of law, in the event Purchaser fails to make any payment when due. Brasco may require full or partial payment in advance of shipment if, in Brasco’s opinion, the credit or financial condition of Purchaser is, or is about to become, impaired. If Purchaser requests delayed shipment, Brasco may bill for Products when ready for shipment and charge reasonable daily storage fees. Purchaser shall not have any right of setoff against Brasco. The remedies available to Brasco for Purchaser’s breach are intended to be as flexible as permissible and cumulative to the fullest extent permissible and no choice of any one or more remedies is intended to constitute an election of remedies which would limit the ability to assert other remedies. Attachment number 2 \nPage 2 of 3 Item # 11 © 2019 Brasco International, Inc. All Rights Reserved 32400 Industrial Dr. Madison Heights, MI 48071 ● P: (313) 393-0393 F: (313) 393-0499 Brasco International, Inc. (“Brasco”) Standard Terms and Conditions of Sale Limitation of Liability: NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, EXCEPT FOR BREACH OF OBLIGATIONS OF CONFIDENTIALITY OR MISAPPROPRIATION OF INTELLEC- TUAL PROPERTY, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THE OBLIGATIONS UNDER THIS CONTRACT. THE TERM “CONSEQUENTIAL DAMAGES” SHALL INCLUDE, BUT NOT BE LIMITED TO, LOSS OF ANTICIPATED PROFITS, LOSS OF USE, LOSS OF REVENUE AND COST OF CAPITAL. NEITHER PARTY MAY BRING ANY ACTION, REGARDLESS OF FORM, ARISING OUT OF TRANSACTIONS UNDER THE CONTRACT, MORE THAN TWO (2) YEARS AFTER THE CAUSE OF ACTION HAS ACCRUED. EXCEPT FOR PERSONAL INJURY OR DEATH DUE TO BRASCO’S MISCONDUCT, the parties agree that the total damages that can be awarded in any claim by PURCHASER relating to BRASCO’s obligations under this CONTRACT (WHETHER BASED IN CONTRACT, TORT OR OTHERWISE), shall not exceed the combined total of amounts paid by PURCHASER to BRASCO under the CONTRACT. THE PARTIES EXPRESSLY AGREE THAT THE ABOVE LIMITATIONS ON LIABILITY PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT EVEN IF IT IS FOUND THAT PURCHASER’S EXCLUSIVE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Cancellation. A. Purchaser may cancel an order for “Convenience” via written notice to Brasco within 5 business days from the date of receipt by Brasco of the Purchaser’s signature on the Quote or receipt by Brasco of the Purchaser’s signature on the Acknowledgment and no cancellation fee shall be due Brasco. Cancellations of orders for reasons other than for Convenience as referred to above must be in writing and agreed to in advance by Brasco. Such cancellations are subject to a cancelation charge equal to the great-er of the actual costs incurred by Brasco during the performance period or a 50% cancellation fee. Shipping and Delivery. Brasco shall not be liable for delays or failure in performance when caused by circumstances beyond Brasco’s reasonable control. If Purchaser does not provide shipping and routing instructions, Brasco shall be the sole judge of the best method of routing shipment. All sales of Products are F.O.B. Brasco’s plant. Risk of loss of the Products shall transfer to Purchaser upon delivery of the Products to the common carrier. Modifications and Delays. Brasco reserves the right to modify or change portions of this Contract should any assumptions specified be determined to be incorrect, or if new/additional information relative to this Contract become available. Termination by Brasco. In addition to any other rights to terminate the Contract or suspend performance under the Contract,(A) Brasco may, upon written notice to Purchaser immediately terminate all or any part of the Contract or suspend performance under the Contract, without any liability to the Purchaser and without waiving its right to damages, (a) if Purchaser (i) repudiates, breaches, or threatens to breach any of the terms of the Contract, (ii) fails to accept or threatens not to accept Products in accordance with the Contract, (iii) fails to make timely payment, or (b) upon the occurrence or threat of insolvency or bankruptcy of Purchaser; (B) Purchaser shall purchase and pay Brasco immediately for all unique raw materials, work in process and finished goods under the Contract; (C) Purchaser shall reimburse Brasco for all preparation and other expenses incurred by Brasco and/or its subcontractors in connection with the Contract ad for all other losses and costs arising from the termination. Lead Times. Lead time is the window of time necessary to complete an order, after the approvals process is complete. The approvals process includes satisfying Brasco’s credit terms and written approval of Brasco’s preliminary engineering drawings. Once all approvals are complete, the lead time begins, wherein detailed engineering paperwork is com-pleted, stamped calculations are ordered, material is purchased, and the order is fabricated. For orders that endure a lengthy approvals process, lead times may shift between the time the order was placed and approved. Additionally, third party lead times and availability can directly impact Brasco’s lead times, therefore Brasco shall not be liable for any damages (actual or liquidated) caused by acts outside of its control that arise from third party suppliers. Change Orders. Design, material, finish and quantity changes by the Purchaser to an order after preliminary engineering approval drawings are provided by Brasco are subject to a Change Order fee. Fees include a minimum administrative fee of $105.00, with relevant material cost and additional labor fees applied. Purchaser Approvals. In accordance with the terms of this Contract, Purchaser agrees to timely execute and return to Brasco an approval of each set of drawings provided to Purchaser by Brasco including, but not limited to, Preliminary Elevation Drawings and Detailed Engineering Drawings. Failure by the Purchaser to timely execute and return to Brasco an approval of drawings provided by Brasco negatively effects lead time of the order and if same occurs, Brasco in its sole discretion shall have the unilateral right to in-crease the lead time to complete and deliver the order to the Purchaser or terminate the Contract. Rejections and Returns. Purchaser will be deemed to have inspected and accepted all delivered Products unless written notice of rejection specifying the basis therefore in reasonable detail, is provided to Brasco within 10 days after delivery. Purchaser may not return Products that are not timely rejected without Brasco’s prior written approval. Taxes. A 6% Sales tax will be billed to Michigan businesses, entities and municipalities as applicable under Michigan State law. If your business is tax exempt, please provide a Sales Tax-Exempt Certificate. Sales tax will not be billed to businesses, entities and municipalities outside the jurisdiction of the State of Michigan and is the sole responsibility of said entity to pay within its respective jurisdiction where applicable. Governing Law, Jurisdiction and Venue. The Contract shall be governed by and construed in accordance with the laws of the State of Michigan without reference to the choice of law principles thereof. Each party irrevocably submits to the jurisdiction of the Courts of the State of Michigan and the United States District Court for the Eastern District of Michigan and hereby waives, to the fullest extent it may effectively do so, the defense of an inconvenient forum to the maintenance of such action or proceeding. Severability. If any provision of this Agreement is or becomes illegal, void or invalid, that shall not affect the legality and validity of the other provisions. Attachment number 2 \nPage 3 of 3 Item # 11 3 GRUNWALD STREET CLIFTON, NJ 07013 –973-614-1800 –FAX: 973-614-8011  Sharon Dottery Augusta Public Transit Augusta, GA 30904 Ph:706-823-4400 February 22, 2019 Q U O T A T I O N HANDI-HUT PASSENGER SHELTER One (1) Model #S4-2R (10’-0” x 5’-0”) with aluminum standing seam hip roof.5’ bench/backrest included.$7,185 One (1) STH-1401 Solar light kit $495 One (1) STH-1501 Solar light kit $795 Freight $930 NOTE :LEAD TIME WILL BEGIN UPON RECEIPT OF WRITTEN ORDER AND A SIGNED COPY OF THIS QUOTATION PRICES DO NOT INCLUDE FREIGHT (UNLESS QUOTED), INSTALLATION, SALES OR OTHER TAXES.IT IS THECUSTOMER’S RESPONSIBILITY TO UNLOAD THE DELIVERY TRUCK. A LOADING DOCK AND/OR FORKLIFT WILL BE REQUIRED.SITE SPECIFIC ENGINEERED DRAWINGS AND CALCULATIONS FOR BUILDING CODE COMPLIANCE AVAILABLE AT ADDITIONAL COST (IF REQ’D). ALUMINUM: 6063 -T52 ALLOY, 313 DARK BRONZE OR CLEAR ANODIZED FINISH GLAZING:1/4" CLEAR TEMPERED GLASS ROOF PANELS: 1/4” BRONZE OR WHITE TWIN WALL POLYCARBONATE ACCEPTED BY: ____________________PRINT NAME__________________DATE: _____________________ LEAD TIME:APPROXIMATELY 6-8 WEEKS AFTER RECEIPT OF ORDER AND APPROVED SUBMITTALS (IF REQUIRED).(LEAD TIME SUBJECT TO CHANGE AND DOES NOT INCLUDE TIME IN TRANSIT) TERMS:NET 30:ALL PRICES F.O.B. CLIFTON, NJ UNLESS FREIGHT IS QUOTED. PRICES AND DELIVERY STATED HEREIN ARE NOT VALID AFTER FORTY FIVE (45) DAYS FROM DATE SHOWN ABOVE UNLESS RECONFIRMED IN WRITING BY HANDI-HUT. WARRANTY: SHELTERS SHALL BE GUARANTEED AGAINST ANY DEFECTS IN MATERIAL AND/OR WORKMANSHIP FOR 1 FULL YEAR FROM DELIVERY DATE. HANDI-HUT LIMITS IT’S LIABILITY TO SHIPMENT OF REPLACEMENT OF PARTS ONLY, LABOR NOT INCLUDED. QUOTED BY: ________________________John Cozza X212 Attachment number 3 \nPage 1 of 1 Item # 11 AUGUSTATRANSIT SHARON DOTTERY, TRANSITDIRECTOR MEMORANDUM TO: FROM: DATE: RE: Geri Sams Procurement Director Sharon Dottery 6>Transit Director ( August 5,2019 Bus Shelter Purchase for Augusta Transit Augusta Transit received three price proposals from the companies listed below to perform the above subject work. (Please see attached quotes) I recommend that the above (Bus Shelter Purchase) subject work be awarded to Austin Mohawk and Company,LLc which came in at the lowest quote. o Austin Mohawko Cost Per Sheltero Bencho Solar Lightingo Freight o Brasco Internationalo Cost Per Sheltero Solar Lightingo Freight Included o Handi-Huto Cost Per Sheltero Solar Lightingo Freight $3,270.00 $ 33s.00 $1,400.00$ 800.00 $5,805.00 $6,250.00 $1,575.00$ 0.00 $7,825.00 $7,185.00$ 79s.00$ 930.00 $8,910.00 Augusta Transit 1535 Fenwick Street - Augusta" GA 30904 (7 06) 823-4400 - Fax (7 06) 821 -17 52 www.augustaga.gov Attachment number 4 \nPage 1 of 1 Item # 11 U.S. Department of Transportation FederalTransit Administration GIRCULAR FTA C 422O.IF 4. 6. 7. November 1,2008 Rev. l, April 14,2009 Rev. 2, July 1,2010 Rev. 3, February 15,2011 Rev.4, March 18,2013 SubJect: THIRD PARTY CONTRACTING GUIDANCE l.PURPOSE. This circular provides contracting guidance for recipients ofFederal assistance awarded by the Federal Transit Administration (FTA) when using that Federal assistance to finance its procurements (third party contracts). This revision incorporates the new procurement provisions of the Moving Ahead for Progress in the 2ls Century Act (MAP 21), Pub. L., ll2-141, luly 2012, and includes the most current available guidance for the Federal public transportation program as ofthe date ofpublication. CANCELLATION. This circular cancels FTA Circu.lar 4220.1E, "Thhd Party Contracting Requirements," dated 06-19- 03. 3. AUTHORITY. Federal Transit Laws, Title 49, United States Code, Chapter 53. WAIVER. FTA reserves the right to waive any provision of this circular to the extent permitted by Federal law or regulation. FEDERAL REGISTER NOTICE. In conjunction with publication of this circular, a Federal Register notice was published on September 30, 2008 (73 FR 56896), addressing comments received during the development ofthe circular. AMENDMENTS TO TI{E CIRCULAR. FTA reserves the right to update this circular due to changes in other revised or new guidance and regulations that undergo notice and comment, without further notice and comment on this circular. FTA will post updates on our Web site: http://rvww.fta.dot.gov/. The Web site allows the public to register for notification when FTA issues Federal Register notices or new guidance; visit the Web site and click on "sign-up for e- mail updates." ACCESSIBLE FORMATS. This document is available in accessible formats upon request. To obtain paper copies of this circular as well as information regarding these accessible formats; telephone FTA's Administrative Services Help Des! 202-366-4865. Individuals with hearing impairments may contact the Federal Relay Service, l-800-877-8339 for assistance with the call. James S. Simpson Administrator A15 Attachment number 5 \nPage 1 of 3 Item # 11 fiAC4220.7F tU0t/2008 Rev.1, O4lL4(2OO9 Rev.2, 07(OU2OL0 Rev.3, 0zltSlzOLL Rev.4, O3lt8l2OL3 Page 8 and local law as well as with Federal requirements. Federal restrictions vary with the type of procurement method used. The following guidance is based on the requirements of the Common Grant Rule for governmental recipients, supplemented by FTA policies that address the needs of FTA recipients. a. Micro-Purchases. Consistent with the Federal Acquisition Regulation (FAR), FTA considers micro-purchases to be those purchases of $3,000 or less. (l) When Appropriate. If permitted by State and local law, the recipient may acquire property and services valued at $3,000 or less without obtaining competitive quotations. These purchases are exempt from FTA's Buy America requirements Davis-Bacon prevailing wage requirements, however, will apply to construction contracts exceeding $2,000, even though the recipient uses micro-purchase procurement procedures. FTA does not intend to imply that the recipient must treat any purchase of $3,000 or less as a micro-purchase. The recipient may set lower thresholds for micro-purchases in compliance with State and local law, or otherwise as it considers appropriate. (2) Procedures. The following procedures apply to micro-purchases: (a) Competition. The recipient should distribute micro-purchases equitably among qualified suppliers. (b) Prohibited Divisions. The recipient may not divide or reduce the size of its procurement merely to come within the micro-purchase limit. (c) Documentation. FTA's only documentation requirement for micro-purchases is a determination that the price is fair and reasonable and a description of how the recipient made its determination. FTA does not require the recipient to provide its rationale for the procurement method used, selection of contract type, or reasons for contractor selection or rejection. b. Small Purchases. The Common Grant Rule for governmental recipients authorizes governmental recipients to use relatively simple and informal small purchase procedures as follows: (l) When Appropriate. Small purchase procedures may be used to acquire services, supplies, or other property valued at more than the micro-purchase threshold (currently, $3,000) but less than the Federal simplified acquisition threshold at 4l U.S.C. Section 403(l l), currently $100,000. (FTA recognizes the small purchase threshold to be the same as the simplified acquisition threshold.) Also A 101 Attachment number 5 \nPage 2 of 3 Item # 11 FTAC 4220.tF tu0t/2008 Rev. 1, 04/t412009 Rev.2, 07/OLI2OLO Rev.3, O2lLSl2OtL Rev.4, O3/t8120L3 Page 9 see, Chapter I[, Subsection 3.b. These purchases are also exempt from FTA's Buy America requirements. FTA does not intend to imply that any purchase of $100,000 or less must be treated as a small purchase. The recipient may set lower thresholds for small purchases in compliance with State and local law, or otherwise as it considers appropriate. (2) Procedures. When using small purchase procedures: (a) Competition. The recipient must obtain price or rate quotations from an adequate number of qualified sources. (b) Prohibited Divisions. The recipient may not divide or reduce the size of its procurement to avoid the additional procurement requirements applicable to larger acquisitions. c. Sealed Bids (Formal Advertisine). The Common Grant Rule for governmental recipients acknowledges sealed bidding to be a generally accepted procurement method in which bids are publicly solicited, and a firm fixed price contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming to all the material terms and conditions of the invitation for bids, is lowest in price. (1) When Appropriate. The Common Grant Rule for government recipients states a preference for the sealed bids procurement method for acquiring property, construction, and other services. Sealed bid procurements should be used when the following circumstances are present: (a) Precise Specifications. A complete, adequate, precise, and realistic speciflrcation or purchase description is available. (b) Adequate Sources. Two or more responsible bidders are willing and able to compete effectively for the business. (c) Fixed Price Contract. The procurement generally lends itself to a firm fixed price contract. (d) Price Determinative. The successful bidder can be selected on the basis of price and those price-related factors listed in the solicitation including, but not limited to, transportation costs, life cycle costs, and discounts expected to be taken. Apart from responsibility determinations discussed in later sections of this Chapter, contractor selection may not be determined on the basis of other factors whose costs cannot be measured at the time of award. p.102 Attachment number 5 \nPage 3 of 3 Item # 11 2 CFR Part 200 Series #4 - Changes in Procurement Requirements Series one (1) through three (3) were on changes from the old OMB circulars to the new 2 CFR Part 200 and new citations in the new "Unifom Administrative Requiremenfs, Cosf Principles and Audit Requirements for Federal Grants". This is the fourth 14th; of this series which will discuss the revised procurement requirements found in Subpart D Post-FederalAward Requirements. lf you need financial technical assistance on this subject or other financial grant related topics, please contact Mark Hernandez at mhernandez@taasa.orq or (737) 333-9941 or send questions to financial@taasa.oro for additional information. Grace Period: The revision of the 2 CFR Part 200 procurement requirements is so significant for nonprofit organizations that all non-Federal entities have a two (2) year grace period to implement the new procurement requirements. For example if your organization's year end is August 31, the new procurement requirements must be implemented by August 31,2017. Even though there is a 2 year grace period, all organizations must currently document whether the organization is in compliance with the old or new standard, and must meet the documented standard. Synopsrs of Changes: The major revision to the procurement requirements are that there five (5) methods of procurement with dollar thresholds associated to each method of procurement. Section 200.320 found below describes the five methods of procurements: 1) Micro-purchase (less than to $3,000),2) Small purchase (less than $150,000),3) Sealed bids purchases (morethan $150,000),4) Competitive proposa! purchases (more than $150,000), and5) Noncompetitive purchases (special circumstances which are applicable for all purchase levels). Allfive procurement types must comply with the Procurement Standards in section 200.318, also found below, which can be summarized generally as follows:r the purchase complies with the organization's documented procedures in place,. purchases are necessary,. open competition (to the extent required by each method),. a conflict of interest policy ando prop€r documentation for the purchases. ln section 200.88 simplified acquisitions threshold is used to describe small purchases and micro-purchases. Simplified acquisition threshold means the dollar amount below which an organization may purchase property or services using small purchase methods (less than $150,000). Since micro-purchases are less than to $3,000, micro-purchases can also use the simplified acquisition threshold. All purchases under the simplified acquisition threshold (including micro-purchases) require:o fewer terms and conditions,r have a lesser competition standard than purchases over the simplified acquisition threshold,o can be solicited informally,o and do not require a cost or price analysis. For example, purchases of supplies or services under $3,000 are treated as micro-purchases. lf the organization entity considers the costs to be reasonable, the purchase orders may be awarded without soliciting any competitive quotations. No rate competitive quotations are Page 1 of 9 Attachment number 6 \nPage 1 of 3 Item # 11 2 CFR Part 200 Series #4 - Changes in Procurement Requirements (3) Noncompetitive pricing practices between firms or between affiliated companies; (4) Noncompetitive contracts to consultants that are on retainer contracts; (5) Organizational conflicts of interest; (6) Specifying only a "brand name" product instead of allowing "an equal" product to be offered and describing the performance or other relevant requirements of the procurement; and (7) Any arbitrary action in the procurement process. (b) The non-Federal entity must conduct procurements in a manner that prohibits the use of statutorily or administratively imposed state or localgeographical preferences in the evaluation of bids or proposals, except in those cases where applicable Federal statutes expressly mandate or encourage geographic preference. Nothing in this section preempts state licensing laws. When contracting for architectural and engineering (A/E) services, geographic location may be a selection criterion provided its application leaves an appropriate number of qualified firms, given the nature and size of the project, to compete for the contract. (c) The non-Federal entity must have written procedures for procurement transactions. These procedures must ensure that all solicitations: (1) lncorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description must not, in competitive procurements, contain features which unduly restrict competition. The description may include a statement of the qualitative nature of the material, product or service to be procured and, when necessary, must set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use. Detailed product specifications should be avoided if at all possible. When it is impractical or uneconomical to make a clear and accurate description of the technical requirements, a "brand name or equivalent" description may be used as a means to define the performance or other salient requirements of procurement. The specific features of the named brand which must be met by offers must be clearly stated; and (2) ldentify all requirements which the offerors must fulfill and all other factors to be used in evaluating bids or proposals. (d) The non-Federal entity must ensure that all prequalified lists of persons, firms, or products which are used in acquiring goods and services are current and include enough qualified sources to ensure maximum open and free competition. Also, the non-Federal entity must not preclude potential bidders from qualifying during the solicitation period. 200.320 Methods of procurement to be followed. The non-Federal entity must use one of the following methods of procurement. (a) Procurement by micro-purchases. Procurement by micro-purchase is the acquisition of supplies or services, the aggregate dollar amount of which does not exceed $3,000 (or $2,000 in the case of acquisitions for construction subject to the Davis-Bacon Act). To the extent practicable, the non-Federal entity must distribute micro-purchases equitably among qualified suppliers. Micro-purchases may be awarded without soliciting competitive quotations if the non-Federal entity considers the price to be reasonable. (b) Procurement by small purchase procedures. Small purchase procedures are those relatively simple and informal procurement methods for securing services, supplies, or other property that do not cost more than the Simplified Acquisition Threshold. lf small Page 5 of 9 Attachment number 6 \nPage 2 of 3 Item # 11 2 CFR Part 200 Series f4 - Changes in Procurement Requirements purchase procedures are used, price or rate quotations must be obtained from an adequate number of qualified sources. (c) Procurement by sealed bids (formal advertising). Bids are publicly solicited and a firm fixed price contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming with all the material terms and conditions of the invitation for bids, is the lowest in price. The sealed bid method is the preferred method for procuring construction, if the conditions in paragraph (c)(1) of this section apply. (1) ln order for sealed bidding to be feasible, the following conditions should be present: (i) A complete, adequate, and realistic specification or purchase description is available; (ii) Two or more responsible bidders are willing and able to compete effectively for the business; and (iii) The procurement lends itself to a firm fixed price contract and the selection of the successful bidder can be made principally on the basis of price. (2) lf sealed bids are used, the following requirements apply: (i) The invitation for bids will be publicly advertised and bids must be solicited from an adequate number of known suppliers, providing them sufficient response time prior to the date set for opening the bids; (ii) The invitation for bids, which will include any specifications and pertinent attachments, must define the items or services in order for the bidder to properly respond; (iii) All bids will be publicly opened at the time and place prescribed in the invitation for bids; (iv) A firm fixed price contract award will be made in writing to the lowest responsive and responsible bidder. Where specified in bidding documents, factors such as discounts, transportation cost, and life cycle costs must be considered in determining which bid is lowest. Payment discounts will only be used to determine the low bid when prior experience indicates that such discounts are usually taken advantage of; and (v) Any or all bids may be rejected if there is a sound documented reason. (d) Procurement by competitive proposals. The technique of competitive proposals is normally conducted with more than one source submitting an offer, and either a fixed price or cost-reimbursement type contract is awarded. lt is generally used when conditions are not appropriate for the use of sealed bids. lf this method is used, the following req uirements apply: (1) Requests for proposals must be publicized and identify all evaluation factors and their relative importance. Any response to publicized requests for proposals must be considered to the maximum extent practical; (2) Proposals must be solicited from an adequate number of qualified sources; (3) The non-Federal entity must have a written method for conducting technical evaluations of the proposals received and for selecting recipients; (4) Contracts must be awarded to the responsible firm whose proposal is most advantageous to the program, with price and other factors considered; and Page 7 of 9 Attachment number 6 \nPage 3 of 3 Item # 11 SHELTER SPECIFICATION FOR QUOTE 10’-0 x 5’ -0 with a 5’ bench/backrest with a Solar light kit. The shelter IS to be enclosed except for the entrance and be able to accommodate a wheelchair along with the Bench. Attachment number 7 \nPage 1 of 1 Item # 11 Public Service Committee Meeting 8/13/2019 1:00 PM Minutes Department: Presenter: Caption:Motion to approve the minutes of the Public Services Committee held on July 30, 2019. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 12 Public Service Committee Meeting Commission Chamber - 7l30lzol9 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; Davis, Chairman; Hasan, Vice Chairman; Clarke and Fennoy, members. PUBLIC SERVICES 1. New Ownership: A.N. 19-23: A request by Sangita Patel for a retail package Item Beer & Wine License to be used in connection with Aggies II Convenience Action: Store located at 3460 Peach Orchard Rd. District 6. Super District 10. Approved Motions Motion MotionI ype Motion to ^ aDDrove.APProve r.ao,ion passes 4-0. Motions Motion Motion TextI vDe Motion to ^ aDDrove.APProve votio, passes 4_0. Text Made By Seconded By Commissioner Commissioner Ben Hasan John clarke Passes Seconded By Commissioner Ben Hasan Motion Result Motion Result Passes 2. New Location: A.N. 19-24: A request by Michele Ashe for a consumption on Item premise Wine License (Incidental License) to be used in connection with Van Action: Gogh and Vino located at 106 Pleasant Home Rd Suite. 2-B. DistrictT. Super Approved District 10. Made By Commissioner William Fennoy 3. Attachment number 1 \nPage 1 of 5 Item # 12 4. New Location: A.N. 19-26: A request by Hardwick Patel for an on premise Item consumption Liquor, Beer & Wine License to be used in connection with Action: Persis Indian Grill located at 3112 Washington Rd Ste. J & K. There will be Approved Sunday Sales. District 7. Super District 10. New Ownership: A.N. 19-25: A request package Beer & Wine License to be used in LLC located at 724Laney Walker Blvd. Ext. Motions *j:"" Motion Text Made Byr ype Motion to . aDDrove.APProve vtotion passes 4-0. seconded By Motion Result Commissioner Commissioner william Fennoy Ben Hasan Passes by Gurpreet Walia for a retail Item connection with Five Star Fuel, Action: District 1. Super District 9 Approved seconded By Motion Result Motions Motion Motion Textr ype Motion to ^ aDDrove.APProve Motion passes 4-0. 5. New Location: A.N. 19-27: Beer & Wine License to be located at 1052 Claussen Rd. Motions Motion;----- Motion TextI ype Motion to ^ dDDrove.APProve vtotion passes 4-0. Commissioner Commissioner william Fennoy Ben Hasan Passes A request by Mitesh Bhula for a retail package Item used in connection with Red Rock Hospitality Action: District 7. Super District 10. Approved Made By Made By Commissioner Ben Hasan Seconded By Motion Result Commissioner william Fennoy Passes 6. Motion to approve the Precision Approach Contract for the Airfield Electrical ItemProject. Action: Approved Attachment number 1 \nPage 2 of 5 Item # 12 Motions Motion Motion- ----- Motion Text Made By Seconded By'IyDe - ------ -r --------- -J ResultJI Motion to A ___^--^ approve. Commissioner CommissionerApprove Motion passes Ben Hasan John Clarke Passes 4-0. 7. Discuss the city's ordinance and the state law regarding the usage hours for ltem fireworks. (Requested by Commissioner Bill Fennoy) Action: Approved Motions []11" Motion Text Made By Seconded By Motion'f'ype - ----- -'I --------- -r Result Motion to approve receiving this item as information and refer this matter to the Administrator to work Approve #*j[j# ffflfiX,"'nt to comsrssioner fffiH'j#J.' passes regarding the effects that fireworks have on those citizens who suffer with PTSD. Motion Passes 4-0. 8. Approval of the Tentative Allocation Letter for FY2020 & approval of the Item Mayor signing the TA Letter for Daniel Field Airport. Action: Approved Motions Hj:' Motion Text Made By Seconded By Motion I ype -'---- -'1 Result Motion to ^ approve. Commissioner CommissionerApprove Motion passes Ben Hasan John clarke Passes 4-0. 9. Motion to approve bid #19-ll l HVAC Routine Emergency Services Contract Item with lst Mechanical Services for Airport HVAC needs ($44,430.00). This is a Action: 3 year contract with 2 one year renewal options. Approved Attachment number 1 \nPage 3 of 5 Item # 12 10. Discussion: A request by Sabrina D. LaBord for a Massage Operator's Item License to be used in connection with Pass Me Knot Massage located at 2010 Action: Olive Road. District 2 Super District 9. Approved Motions ffit:",, Motion Text Made By Motion to ^ aDDrove.APProve vtotion passes 4-0. Commissioner Commissioner Ben Hasan John clarke Passes Seconded By Made By Seconded By Motion Result Motion Result Motions Motion Motion Text'r'ype Motion to ^ approve.APProve Motion Passes 4-0. 11. Discussion: A request by used in connection with H l. District 9. Commissioner Commissione. Ben Hasan william r"nnly Passes Chao Tang for a Massage Operator's License to Item Massage located at 1944 Walton Way. District Action: Rescheduled Motions Motion Motion Textrype Motion to refer this item to the fullDefer Commission with no recommendation. Motion Passes 4-0. Seconded By f"'.Xil Commissioner Ben Hasan Passes Made By Commissioner William Fennoy 12. Motion to approve the minutes of the Public Services Committee held July 9, 2019. Item Action: Approved Motions f#:" Motion rext Made Bv Approve Motion Result Passes Seconded By Attachment number 1 \nPage 4 of 5 Item # 12 Motion to Commissioner Commissionerapprove. William Fennoy Ben Hasan Motion Passes 4-0. 13. The Planning and Development Department seeks a correction/clarification Itemto the motion approved on June 18, 2Ol9 regarding the Planning and Action: Development Department Building Division Salaries. Approved Motions *j:" Motion Text Made By Seconded By MotionrYPe - ---- -r Result Motion to approve the language change as follows: "increasing the salaries of existing staff as proposed in Table 2, recruit and offerincoming Commissioner ^Approve l:'#iil:iTff;::';;,.0 xlx3l ;:rffi:';n" Pu""' in Table 2, update the existing career ladder and incorporate the aforementioned changes immediately". Motion Passes 4-0. 14. Consider request from Ms. Maxine Etheridge on behalf of Signed By Him Item Artist Development & Music Group to waive rental fees at the Augusta Action: Boathouse on September 8, 2019. Approved Motions *j:"" Motion Text Made By seconded By Motion t YPe Result Motion to delete this Delete at the request oitutr. commissioner commissioner Etheridge en Hasan William Fennoy Passes Motion Passes 4-0. www.augustaga.gov Attachment number 1 \nPage 5 of 5 Item # 12