HomeMy WebLinkAbout2022-10-25-Meeting AgendaPublic Service Committee Meeting Commission Chamber- 10/25/2022- 1:00 PM
PUBLIC SERVICES
1.Motion to approve the acceptance of the National Fitness Campaign's 2022 Healthy City
Grant.Attachments
2.Motion to approve the 2023 Cooperative Agreement with CSRA Regional Commission
for Senior Nutrition Services for Augusta, Georgia.Attachments
3.A motion to renew the Sec. 5311 Rural Transit grant application between the Georgia
Department of Transportation (GDOT) and Augusta, Georgia for July 1, 2023, to June
30, 2024.
Attachments
4.Motion to approve an Airport Communications & Customer Service budget amendment
in the amount of $60,840.00 to hire six Passenger Assistance Liasons (PALs). Approved
by the Augusta Aviation Commission on September 28, 2022.
Attachments
5.Motion to accept grant award from Georgia Association of Metropolitan Planning
Organizations (GAMPO) for the Regional Freight Plan Update. Attachments
6.Motion to approve instructing the Planning & Development Department to review and
recommend updates to sections of the Comprehensive Zoning and Alcohol Ordinances
as it pertains to the Adult Entertainment criteria. (Requested by Commissioner Ben
Hasan)
Attachments
7.Motion to approve an Ordinance amendment to adopt Georgia State minimum Standard
Codes for Tiny Houses; amending Ordinance No. 7840. Attachments
8.Motion to approve the location for the Gateway Sculpture at Sand Bar Ferry Road.Attachments
9.Motion to approve the purchase of Microtransit/Dynamic-Responsive Software as a
Service (SaaS) scheduling system for Augusta Transit (AT).Attachments
10.Motion to approve the minutes of the Public Services Committee held on October 11,
2022.Attachments
11.Motion to accept a grant from the Georgia Recreation and Park Association for the
execution of the "Coaching Boys into Men" program.Attachments
12.Discussion of challenges and actions to be taken regarding property maintenance and
code enforcement.Attachments
www.augustaga.gov
Public Service Committee Meeting
10/25/2022 1:00 PM
2022 Healthy City Grant
Department:Parks and Recreation
Presenter:Maurice McDowell
Caption:Motion to approve the acceptance of the National Fitness Campaign's 2022
Healthy City Grant.
Background:The Augusta Parks and Recreation Department has been awarded a grant
towards the purchase of an outdoor fitness court. The Department plans to
install the fitness court at Dyess Park, while implementing the SPLOST
project for Dyess Park.
Analysis:Accepting the grant will provide the means to purchase and install the
outdoor fitness court during the scheduled upgrades for Dyess Park.
Financial Impact:The total cost of the purchase and installation is $187,350, Augusta's
match is $157,350. The remainder is funded through the grant.
Alternatives:1. To move to approve. 2. To move to no action.
Recommendation:1. To move to approve.
Funds are Available in
the Following
Accounts:
Funds will be made available through SPLOST funds for Dyess Park, Org
Key 330-06-1110.
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 1
Attachment number 1 \nPage 1 of 1
Item # 1
Congratulations!
August, GA has been selected as a 2022 NFC Healthy Cities Campaign Grant Recipient!
Dear Brandi,
On behalf of the National Fitness Campaign Grant Committee, we are pleased to share that Augusta has been selected
as an awardee in the 2022 NFC Healthy Cities Campaign! This award notification letter for one (1) 2022 NFC Grant of
$30,000 is the first step towards formal confirmation of your participation. The next step is to schedule your official
Grant Award Call within the next 10 days, where the qualifications submitted in your Grant Application will be confirmed
by the NFC team, and your Grant Program Requirements (GPR) will be aligned for eligibility and participation in this
year’s campaign. A copy of your GPR Document is attached to this formal award letter for your review and dates will be
aligned based on information provided on the award call.
The $30,000 Grant Award will be confirmed pending the submission of a purchase order or other funding confirmation
document from Augusta, GA.
To support this partnership and align your GPR milestones with your community’s local adoption and funding
processes, we have assigned a Partnership Manager – Gloria Cox – as your dedicated partner and champion in
support of this partnership. Over the coming months, Gloria will work with your team to support the path outlined in
the GPR Document, assisting in the confirmation of required remaining funding, installation, and launch of your
program.
The 2022 NFC Healthy Cities Campaign is part of a national movement to make world-class fitness free and accessible
in public spaces across the country, which is more important today than ever before – thank you for your commitment
to supporting this goal.
Here is a sneak peak at what’s ahead:
●Fitness Court® Launch – Cut the ribbon on your beautiful new outdoor gym & announce free fitness to the
community!
●Classes & Challenges – Get residents moving & keep them engaged with ongoing group classes, individual
training, and competitive events.
●Press & Promotions – Shine a spotlight on your community and local partners for joining this exciting and
innovative wellness movement!
Once again, we are thrilled to invite you to join us as a partner in the 2022 NFC Healthy Cities Campaign, and we look
forward to making world-class fitness free in Augusta!
Best in Fitness,
Mitch Menaged, Founder
National Fitness Campaign
nationalfitnesscampaign.com |info@nfchq.com | PO Box 2367 San Francisco, CA 94126
Attachment number 2 \nPage 1 of 2
Item # 1
Augusta, GA - National Fitness Campaign
2022 Funding Cycle Grant Program Requirements (G.P.R.)
MILESTONE 1: ADOPTION
●Summary: Commit to project adoption and confirm matching funding
●Requirement A: Resolution of Adoption or Letter of Support 9/28/2022 - after commission meeting 9/27/2022
●Requirement B: Countersigned Grant Program Requirements Document-1 week after Award Call
●Deadline: 9/21/2022
*Purchase Order Will Satisfy Adoption Requirement if Submitted Within 60 Days of Grant Award
MILESTONE 2: AUTHORIZATION TO PROCEED - FUNDING CONFIRMED
●Summary:Execute budgeting and fundraising plan (as needed) and confirm total required funding
●Requirement:Funding confirmation document submitted to NFC for remaining program funding (typically P.O)*
*Refer to Official Quote and Funding Requirements Summary for details
●Deadline:Oct 19, 2022
MILESTONE 3 : SHIPMENT FOR STORAGE
●Summary:Identify Fitness Court® storage location and schedule Fitness Court® delivery
●Requirement:Accept Fitness Court® delivery and store at a secure location, prepare to be invoiced for program funds
●Deadline:-Nov 11, 2022Oct 20, 2022
MILESTONE 4: INSTALL CONCRETE SLAB
●Summary:Review slab drawings, establish Fitness Court® orientation, schedule concrete installer
●Requirement:Install concrete slab (cure time of 28 days before Fitness Court® installation)
●Deadline: October 2022 pending weather
MILESTONE 5: FITNESS COURT®ART APPROVAL
●Summary:Finalize design with NFC design studio
●Requirement:Approve final art print preview for printing & shipment
●Deadline: November 2022 pending weather
MILESTONE 6: FITNESS COURT ASSEMBLY & PRESS LAUNCH CEREMONY
●Summary:Select Fitness Court® Assembly Team (NFC Factory Team EIS recommended), confirm install timeline, train
ambassadors
●Requirement:Submit installation inspection photos, promote press release, hold Fitness Court® press
launch event & ribbon cutting
●Deadline: December 2022 pending weather
___________________________________________
Trent Matthias, Director
National Fitness Campaign
___________________________________________
Maurice McDowell, Director - Parks and Recreation
Augusta, GA
It is noted by the National Fitness Campaign and the municipality, school or organization listed above that this document in no way constitutes a binding
agreement, or requirement to proceed with the NFC Program at any time. Formal commitment occurs upon receipt of complete local match funding by
the program awardee, with submission of Funding Confirmation Documentation to National Fitness Campaign.
nationalfitnesscampaign.com |info@nfchq.com | PO Box 2367 San Francisco, CA 94126
Attachment number 2 \nPage 2 of 2
Item # 1
Public Service Committee Meeting
10/25/2022 1:00 PM
2023 Cooperative Agreement for Senior Nutrition Program
Department:Parks and Recreation
Presenter:Maurice McDowell
Caption:Motion to approve the 2023 Cooperative Agreement with CSRA Regional
Commission for Senior Nutrition Services for Augusta, Georgia.
Background:The Augusta Parks and Recreation Department operates six senior
nutrition sites throughout Augusta, Georgia through a cooperation with the
CSRA Regional Commission, which provides state and federal grant funds
to serve 138,301 meals to Senior Citizens including the home delivery
program.
Analysis:The agreement provides the mechanism for Augusta, Georgia to receive
$826,416 in Fiscal Year 2023 (July 1, 2022 to June 30, 2023).
Financial Impact:Augusta’s match for the 2023 Agreement is $55,114.
Alternatives:1. To approve the 2023 Cooperative Agreement with the CSRA Regional
Commission for Senior Nutrition Services for Augusta, Georgia. 2. To
move to no action.
Recommendation:1. To approve the 2023 Cooperative Agreement with the CSRA Regional
Commission for Senior Nutrition Services for Augusta, Georgia.
Funds are Available in
the Following
Accounts:
Funds are budgeted in the following accounts: 220054322
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 2
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Public Service Committee Meeting
10/25/2022 1:00 PM
5311 RURAL GRANT RENEWAL
Department:Augusta Transit
Presenter:Sharon Dottery
Caption:A motion to renew the Sec. 5311 Rural Transit grant application between
the Georgia Department of Transportation (GDOT) and Augusta, Georgia
for July 1, 2023, to June 30, 2024.
Background:The Augusta-Richmond County Commission annually approves Augusta
Transit’s Sec. 5311 Rural Transit grant application for providing rural
transportation service to the citizens of Augusta-Richmond County.
Analysis:The renewal of this contract will allow Augusta Transit to continue
providing Rural transportation service to the citizens of Rural Augusta-
Richmond County, which covers Hephzibah, Blythe and McBean.
Financial Impact:The Augusta-Richmond County share of the budget for the grant period
beginning July 1, 2023, to June 30, 2024, is $$231,821.80. The capital
projects for this grant cycle is one (1) IVR Callback System. The allocated
funding breakdown is Operations 50/50 Split Federal $230,687.00 State $
0.00 Local $230,687.00 Capital 80/10/10 Split Federal $ 9,078.40 State
$1,134.80 Local $ 1,134.80 $239,765.40 $1,137.80 $231,821.80 Grand
Total $472,722.00
Alternatives:Deny request.
Recommendation:Approve the submission of the grant application.
Funds are Available in
the Following
Accounts:
Local Match for Rural Transit budget for 07/1/23 and 06/30/24 In 2023
budget 54609-1120 and 54709-1120
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 3
Cover Memo
Item # 3
Subrecipient: District:2
Date:10/4/2021
State Budget Year:SFY 2023
1-Jul-2022 To:30-Jun-2023
Cost Cost Qty Cost/Each Cost
$0.00
5011 A $13,428.00 5011 O $92,030.00 $0.00
5011 A $13,743.00 5011 O $14,760.00 2 $64,423.87 $128,847.74
5011 A $12,150.00 5011 O $4,000.00 $0.00
5011 A $11,520.00 5015 O $8,009.00 $0.00
5015 A $4,122.00 5015 O $0.00
5020 A 5020 O $7,500.00 2 $1,574.00 $3,148.00
5020 A $720.00 5031 O Fuel $57,071.00 $0.00
5020 A $900.00 5032 O Tires & Tubes $3,800.00 $0.00
5020 A 5039 O Auto Parts/Vehicle Supplies $4,400.00 $0.00
5039 A $360.00 5060 O Taxes $0.00
5040 A $473.00 5090 O Misc.$4,320.00 $0.00
5050 A $27,900.00 5101 O Purchased Transportation $0.00
5060 A $45.00 $0.00
5090 A $0.00
5090 A 1 $19,695.00 $19,695.00
5090 A $2,700.00 $0.00
$0.00
$88,061.00 Operating Total $195,890.00 Capital Total 5 $151,690.74
Net Operating Summary
Administrative Total / Ratio $88,061.00 31.01%**Note: Shuttle Buses Require CDL w/passenger endorsement**
Operating Total / Ratio $195,890.00 68.99%
Total Operating Budget $283,951.00 total number of vehicles if selected
4200.1
Supervisor Salary Dispatcher Salary Shuttle Van / Lift
SECTION 5311 - RURAL TRANSIT BUDGET For Contract period: July 01, 2022 - June 30, 2023
Richmond County
Operating Period:
Administrative Budget Operating Budget Capital Budget
Ford Transit 150 w/lift
Director Salary Driver Salary Shuttle Van
Bookkeeper Salary Mechanic Salary Shuttle Bus**
Secretary Salary Fringe Benefits (Operating)Shuttle Bus / Lift**
Fringe Benefits (Administrative)Uniforms 3"- 6" Lettering
Marketing Maintenance and Repair Option 4 (2 color full logo
Drug & Alcohol Testing Mobile Radio
Audit Base Radio
Rental Expenses/Equipment Rental Computer Hardware
Office Supplies Roof Hatch
Utilities/Communications Bike Rack
Vehicle Insurance Surveillance Systems
Vehicle Licensing Tablets
Travel/Dues Mobility Management
6" Lettering is a "MANDATORY" cost per vehicle and must equal
Indirect Expenses Other: Software Module
Training Other: Add Description
Other: Add Description
Administrative Total
LESS: NON-Eligible Contract Revenue from other FTA Grants
Attachment number 1 \nPage 1 of 5
Item # 3
List below vehicles requesting to be replaced:
Public Transportation Budget $283,951.00 Vehicle #Mileage Vehicle #Mileage
3827 134,147
3968 125,454
Net Operating Total $283,951.00
Budget Summary Totals
Operating Budget Total $283,951.00
4130
4300
4300
4300
Capital Budget Total $151,690.74
Budget Grand Total $435,641.74
**NOTE: Enter number in box if use Purchase of Service funds as Local Share Participation (LSP). POS revenues used as match cannot contain any FTA funding, i.e. 5310, 5316, 5317, 5307
Federal State Local
$141,975.00 $141,975.00
Advertising Revenue
ELIGIBLE LOCAL TAX AS LEVIED
$263,327.59 $15,169.07 $157,144.07
OTHER ELIGIBLE FEDERAL CASH GRANTS
OTHER ELIGIBLE REVENUE
$121,352.59 $15,169.07 $15,169.07
Attachment number 1 \nPage 2 of 5
Item # 3
141,975.00$ 13,199.57$ 141,975.00$ 283,951.00$
105,596.59$ 1,969.50$ 13,199.57$ 131,995.74$
15,756.00$ -$ 1,969.50$ 19,695.74$
263,327.59$ 15,169.07$ 157,144.07$ 435,642.48$
Transmittal Letter
Attachment number 1 \nPage 4 of 5
Item # 3
Subrecipient: District:2
Date:9/26/2022
State Budget Year:SFY 2024
1-Jul-2023 To:30-Jun-2024
Cost Cost Qty Cost/Each Cost
$0.00
5011 A 5011 O $188,240.00 $0.00
5011 A $43,804.80 5011 O $35,089.60 $0.00
5011 A $32,189.44 5011 O $4,000.00 $0.00
5011 A $12,189.44 5015 O $26,353.60 $0.00
5015 A $9,319.56 5015 O $0.00
5020 A 5020 O $7,500.00 $0.00
5020 A $720.00 5031 O Fuel $57,071.00 $0.00
5020 A $900.00 5032 O Tires & Tubes $3,800.00 $0.00
5020 A 5039 O Auto Parts/Vehicle Supplies $4,400.00 $0.00
5039 A $360.00 5060 O Taxes $0.00
5040 A $473.00 5090 O Misc.$4,320.00 $0.00
5050 A $27,900.00 5101 O Purchased Transportation $0.00
5060 A $45.00 $0.00
5090 A $0.00
5090 A 1 $11,348.00 $11,348.00
5090 A $2,700.00 $0.00
$0.00
$130,601.24 Operating Total $330,774.20 Capital Total 1 $11,348.00
Net Operating Summary
Administrative Total / Ratio $130,601.24 28.31%**Note: Shuttle Buses Require CDL w/passenger endorsement**
Operating Total / Ratio $330,774.20 71.69%
Total Operating Budget $461,375.44 total number of vehicles if selected
4200.1
List below vehicles requesting to be replaced:
Public Transportation Budget $461,375.44 Vehicle #Mileage Vehicle #Mileage
Net Operating Total $461,375.44
-$ -$ -$ -$
Budget Summary Totals
Operating Budget Total $461,375.44
4130
4300
4300
4300
Capital Budget Total $11,348.00
Budget Grand Total $472,723.44
**NOTE: Enter number in box if use Purchase of Service funds as Local Share Participation (LSP). POS revenues used as match cannot contain any FTA funding, i.e. 5310, 5316, 5317, 5307
Supervisor Salary Dispatcher Salary Shuttle Van / Lift
SECTION 5311 - RURAL TRANSIT BUDGET For Contract period: July 01, 2023 - June 30, 2024
Richmond County
Operating Period:
Administrative Budget Operating Budget Capital Budget
Ford Transit 150 w/lift
Director Salary Driver Salary Shuttle Van
Bookkeeper Salary Mechanic Salary Shuttle Bus**
Secretary Salary Fringe Benefits (Operating)Shuttle Bus / Lift**
Fringe Benefits (Administrative)Uniforms 3"- 6" Lettering
Marketing Maintenance and Repair Option 4 (2 color full logo
Drug & Alcohol Testing Mobile Radio
Audit Base Radio
Rental Expenses/Equipment Rental Computer Hardware
Office Supplies Roof Hatch
Utilities/Communications Bike Rack
Vehicle Insurance Surveillance Systems
Vehicle Licensing Tablets
Travel/Dues Mobility Management
6" Lettering is a "MANDATORY" cost per vehicle and must equal
Indirect Expenses Other: Software Module
Training Other: Add Description
Other: Add Description
Administrative Total
OTHER ELIGIBLE FEDERAL CASH GRANTS
LESS: NON-Eligible Contract Revenue from other FTA Grants
Transmittal Letter
Federal State Local
$230,687.00 $230,687.00
Advertising Revenue
ELIGIBLE LOCAL TAX AS LEVIED
$239,765.40 $1,134.80 $231,821.80
OTHER ELIGIBLE REVENUE
$9,078.40 $1,134.80 $1,134.80
Attachment number 1 \nPage 5 of 5
Item # 3
Attachment number 2 \nPage 1 of 1
Item # 3
Public Service Committee Meeting
10/25/2022 1:00 PM
Airport Communications & Customer Service budget amendment in the amount of $60,840.00 to Hire Six Passenger
Assistance Liasons
Department:Augusta Regional Airport
Presenter:Herbert Judon
Caption:Motion to approve an Airport Communications & Customer Service
budget amendment in the amount of $60,840.00 to hire six Passenger
Assistance Liasons (PALs). Approved by the Augusta Aviation
Commission on September 28, 2022.
Background:The Augusta Aviation Commission approved the transfer of six (6)
existing positions (were not budgeted and not planning to be filled in
2022) and funds, to be reclassed and utilized in the Airport Marketing
Department for customer service personnel. These funds will support six
(6) new employee positions currently filled by temporary staff.
Analysis:It is now requested to convert the Contract Labor budget line, into the
Personnel budget line within the 2022 Airport Communication &
Customer Service budget. This will allow the Augusta Richmond County
Finance Department and Human Resources Department to move forward
with the implementation of the Passenger Assistance Liaison (PAL)
positions for the Augusta Regional Airport.
Financial Impact:This project will be funded with Airport Enterprise funds. However, this
action does not constitute an FY22 increase. This amendment reflects a
transfer of funds from the professional services line item (temporary
employees) to the personnel services line item.
Alternatives:To deny.
Recommendation:Recommend Approval. Approved by the Augusta Aviation Commission
on September 28, 2022.
Funds are Available in
the Following
Accounts:
Transfer budget $60,840 from 551081122-5239110 Contract Labor to fund
these positions salary for last quarter of 2022. The positions salary will be
budgeted in 2023.
REVIEWED AND APPROVED BY:
Cover Memo
Item # 4
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 4
Public Service Committee Meeting
10/25/2022 1:00 PM
ARTS MPO Regional Freight Plan Update
Department:Planning and Development
Presenter:Carla Delaney or Department Designee
Caption:Motion to accept grant award from Georgia Association of Metropolitan
Planning Organizations (GAMPO) for the Regional Freight Plan Update.
Background:MPOs are responsible for addressing freight needs during the
transportation planning process. The ARTS MPO update of the Augusta
Regional Freight Profile will review and reassess the existing freight plan
(2008 Augusta Regional Freight Profile). The previous ARTS Freight
Study featured elements including, but not limited to: Stakeholder
Involvement, Identifying Freight Needs & Deficiencies, Freight Project
Evaluation, as well as the Regional Freight Profile within the ARTS
boundary (Richmond Columbia Counties in GA, and Aiken and Edgefield
Counties in SC). It is a critical program objective that these identified
priorities will form the basis for future funding requests during the ARTS
Transportation Improvement Program (TIP) and Metropolitan
Transportation Plan (MTP), and Congestion Management Process (CMP)
update cycles, as well as future funding requests via GDOT, FHWA, and
other sources.
Analysis:
Financial Impact:GAMPO Application: $240,000 Augusta/Local: $60,000 Total Project
Costs: $300,000
Alternatives:Forfeiture of the funds and the Regional Freight Plan will remain outdated.
Recommendation:We recommend that the Augusta Commission accept the $240,000
GAMPO grant to complete the Regional Freight Plan Update.
Funds are Available in
the Following
Accounts:
ARTS completed the Augusta Finance Grant Proposal Application on
September 9, 2022 confirming that the Augusta/Local funds are available
via the Planning & Development org key 220016309 in 2022 budget. The
2023 budget is pending approval.
REVIEWED AND APPROVED BY:
Cover Memo
Item # 5
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 5
PI # 0019245-PLN Page 1 of 26
AUGUSTA REGIONAL TRANSPORTATION STUDY Revised 6/21/2022
PL Funds (FY 2023)
METROPOLITAN TRANSPORTATION
FREIGHT PLAN CONTRACT
AUGUSTA REGIONAL TRANSPORTATION STUDY (ARTS)
FHWA METROPOLITAN PLANNING PROGRAM
PLANNING (PL) FUNDS
FISCAL YEAR (FY) 2023
CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER 20.205
FEDERAL-AID PARTICIPATING PROJECT
PI Number: 0019245-PLN
Contract ID: TBD
Federal Share 80% $240,000
Local Match Share 20% $60,000
Total Contract Cost $300,000
Attachment number 1 \nPage 1 of 26
Item # 5
PI # 0019245-PLN Page 2 of 26
AUGUSTA REGIONAL TRANSPORTATION STUDY Revised 6/21/2022
PL Funds (FY 2023)
METROPOLITAN TRANSPORTATION PLANNING SERVICES CONTRACT
Between the
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
ONE GEORGIA CENTER, 600 WEST PEACHTREE STREET NW
ATLANTA, GEORGIA 30308
and the
AUGUSTA REGIONAL TRANSPORTATION STUDY
THIS AGREEMENT is made and entered into this day of , 2022, by
and between the DEPARTMENT OF TRANSPORTATION, an agency of the State of Georgia,
hereinafter called the "DEPARTMENT", and the AUGUSTA REGIONAL TRANSPORTATION
STUDY, organized and existing under the laws of the State of Georgia, hereinafter called the
“DESIGNATED AGENCY".
WHEREAS, the DEPARTMENT is recognized by the United States Department of
Transportation as the agency responsible for cooperative, comprehensive, continuing transportation
planning pursuant to the provisions of Fixing America’s Surface Transportation Act (FAST Act) of 2015,
23 U. S. C. Section 134, the Federal Transit Act, 49 U.S.C. Section 5303; and relevant amendments and
subsequent legislation pertaining thereto; and
WHEREAS, the DEPARTMENT is authorized under O.C.G.A. § 32-2-2(7) to “accept and use
federal funds…; and to do all things necessary, proper, or expedient to achieve compliance with the
provision and requirements of all applicable federal-aid acts and programs”; and
WHEREAS, the DEPARTMENT is responsible for developing a workable formula for
distributing the apportionment of planning funds pursuant to 23 U.S.C § 104 (d); and
WHEREAS, the DESIGNATED AGENCY is an approved metropolitan planning organization
responsible for carrying out the transportation planning process in its urbanized area in accordance with
23 U.S.C. § 134; and
Attachment number 1 \nPage 2 of 26
Item # 5
PI # 0019245-PLN Page 3 of 26
AUGUSTA REGIONAL TRANSPORTATION STUDY Revised 6/21/2022
PL Funds (FY 2023)
WHEREAS, the DESIGNATED AGENCY has developed its Unified Planning Work Program
for Fiscal Year 2023, which describes its transportation planning priorities for Fiscal Year 2023 that
are funded by FHWA-PL and FTA 5303 planning funds; and
WHEREAS, the DEPARTMENT desires to participate jointly with the DESIGNATED
AGENCY to perform certain services, which will consist of providing the DESIGNATED AGENCY
with information for the continuing transportation planning process as set forth in EXHIBIT D, “Work
Program, Fiscal Year 2023” (hereinafter referred to as the "PROJECT").
NOW, THEREFORE, for and in consideration of the mutual promises, covenants, and contracts
contained herein, and other good and valuable consideration as set out hereinafter, it is agreed by and
between the DEPARTMENT and the DESIGNATED AGENCY that:
ARTICLE I
SCOPE AND PROCEDURES
The scope and procedure of the PROJECT shall be that stated in the Work Program,
which is affixed to this Agreement under the label of EXHIBIT D, "Work Program - Fiscal Year
2023", the same as if fully set forth herein. The DESIGNATED AGENCY shall perform or cause to be
performed the services to accomplish the PROJECT, the work for which is set forth in the
aforementioned EXHIBIT D, “Work Program - Fiscal Year 2023”.
The DESIGNATED AGENCY shall perform the PROJECT activities, and shall do so under such
control and supervision by the DEPARTMENT as the DEPARTMENT may deem appropriate.
The DEPARTMENT shall perform the services incumbent upon it as stated in EXHIBIT D,
“Work Program - Fiscal Year 2023”.
ARTICLE II
EMPLOYMENT OF DEPARTMENT'S PERSONNEL
The DESIGNATED AGENCY shall not employ any person or persons in the employ of the
DEPARTMENT for any work required by the terms of this Agreement, without the written permission
of the DEPARTMENT except as may otherwise be provided for herein.
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ARTICLE III
REVIEW OF WORK
Authorized representatives for the DEPARTMENT and the Federal Government may at all
reasonable times review and inspect the PROJECT activities and data collected under this Agreement
and amendments thereto. All reports, drawings, studies, specifications, estimates, maps, and
computations, prepared by or for the DESIGNATED AGENCY, shall be made available to authorized
representatives of the DEPARTMENT and representatives of the Federal Government for inspection and
review at all reasonable times. Acceptance shall not relieve the DESIGNATED AGENCY of its
professional obligation to correct, at its own expense, any of its errors in the work.
ARTICLE IV
AUTHORIZATION AND APPROVAL
TIME IS OF THE ESSENCE TO THIS AGREEMENT. The DESIGNATED AGENCY shall
initiate the work as described in Article I, Scope and Procedures, on July 1, 2022. The work outlined
therein shall be completed no later than June 30, 2023. The work shall be carried on expeditiously and
in accordance with the work schedule as set forth in EXHIBIT F, “Schedule – Fiscal Year 2023”,
attached hereto and incorporated by reference.
ARTICLE V
RESPONSIBILITY FOR CLAIMS AND LIABILITY
The DESIGNATED AGENCY shall be responsible for any and all damages to property or
persons and shall save harmless the DEPARTMENT, its officers, agents and employees from all suits,
claims, actions, or damages of any nature whatsoever resulting from the negligence of the
DESIGNATED AGENCY in the performance of work under this Agreement.
ARTICLE VI
COMPENSATION
A. Total Cost
1. The DEPARTMENT and the DESIGNATED AGENCY agree that the total estimated
allowable cost for the completion of the PROJECT, as shown in EXHIBIT E, “Budget
Estimate - Fiscal Year 2023”, attached hereto and incorporated herein by reference, is
THREE HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($300,000). It is
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agreed that the amount which the DEPARTMENT shall be obligated to pay is eighty percent
(80%) of the total cost, which represents the Federal Share of the cost of the PROJECT up
to TWO HUNDRED FORTY THOUSAND DOLLARS AND ZERO CENTS($240,000).
However, if the total of the actual allowable cost for the PROJECT is less than the total
estimated allowable cost, then it is further agreed that the DEPARTMENT shall be obligated
to pay only the 80% Federal Share of the actual allowable cost incurred. In no event shall
the DEPARTMENT be obligated to pay more than the maximum Federal share of $240,000.
In no event shall the DEPARTMENT be required to pay the Federal Share, if the Federal
Share is not provided to the DEPARTMENT by the Federal Highway Administration.
2. The DESIGNATED AGENCY shall be obligated to pay twenty percent (20%) of the total
allowable cost, which represents the Local Match rate of the cost of the PROJECT up to
SIXTY THOUSAND DOLLARS AND ZERO CENTS ($60,000). However, if the total of
the actual allowable cost for the PROJECT is less than the total estimated allowable cost, the
DESIGNATED AGENCY shall pay a 20% Local Match rate of the actual allowable cost
incurred. In no event shall the DESIGNATED AGENCY be obligated to pay more than the
maximum Local Match of the Federal Share ($60,000). Any portion of the Local Match
may consist of “soft” match and/or “in-kind” services as referenced in Title 23, Part 420,
Subchapter E of the Code of Federal Regulations (“C.F.R.”), “Planning and Research
Program Administration”, and 2 C.F.R., Part 200, “Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards”, and all other relevant sections
of Federal law, Federal regulations and Federal guidance applicable to the subject, as
appropriate, in lieu of a traditional cash match. The Local Match total of any traditional cash
match and any “soft” match and/or “in-kind” services must constitute 20% of the cost of the
PROJECT up to $60,000 or a 20% match rate of the allowable cost incurred.
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B. Allowable Costs
Allowable costs shall include both direct and indirect costs incurred by the DESIGNATED
AGENCY, which is provided for in EXHIBIT E, “Budget Estimate - Fiscal Year 2023”, “and subject
to the maximum limitation prescribed in Subsection A of Article VI and the limitations outlined below:
1. Direct Cost
The DEPARTMENT shall pay to the DESIGNATED AGENCY for the performance
of this Agreement an amount equal to such direct costs as are incurred by the DESIGNATED
AGENCY and are chargeable to the PROJECT under generally accepted accounting
principles and as allowed in 2 C.F.R. Part 200, “Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards”, and not prohibited by the laws of
the State of Georgia, including salaries and wages, and the cost of travel, and other
miscellaneous direct costs incurred by the DESIGNATED AGENCY. As specified in Article
X, the validity of the direct costs may be verified from the cost records of the DESIGNATED
AGENCY by authorized representatives of the DEPARTMENT and the Federal Government
as the work progresses, and in any event, before final settlement of the DESIGNATED
AGENCY’S costs under the terms of this Agreement or amendments hereto.
The cost of any nonexpendable tools, instruments, or equipment used in the execution
and performance of the PROJECT shall not be an allowable direct cost when such items are
of the nature and kind of tools, instruments or equipment normally and generally used in an
office or laboratory, provided however that the cost of data processing equipment shall be an
allowable expense when such expenditure complies with the provisions of 2 C.F.R. § 200
(“Uniform Grant Guidance”) and is specifically detailed in EXHIBIT D, “Work Program
- Fiscal Year 2023”, and EXHIBIT E, “Budget Estimate - Fiscal Year 2023”, of this
Agreement. If at any time during the duration of the useful life of the PROJECT’s data
processing equipment the DESIGNATED AGENCY fails to utilize such equipment for the
purpose of accomplishing the PROJECT the DEPARTMENT at its discretion may require
the DESIGNATED AGENCY to remit to the DEPARTMENT 100% of the
DEPARTMENT’S Federal and State Share of the fair market value, if any, of such
equipment. For the purpose of this Article, the fair market value shall be deemed to be the
value of the equipment as determined by an appraisal conducted as soon as feasible after
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such withdrawal or misuse occurs or the actual proceeds from the public sale of such
equipment, whichever is approved by the DEPARTMENT.
The rate of compensation for work performed on the PROJECT by a professional
staff member or employee of the DESIGNATED AGENCY shall not exceed the salary rate
that is applicable to said person's other activities for the DESIGNATED AGENCY. Charges
for salaries and wages of the individuals will be supported by time and attendance and payroll
distribution records. Premiums pay for overtime, extra-pay shifts, and multi-shift work are
not reimbursable under this Agreement unless such costs are included in EXHIBIT E,
“Budget Estimate - Fiscal Year 2023”, or unless such costs have been given prior written
approval by the DEPARTMENT.
No expense for travel outside the State of Georgia shall be an allowable direct cost
under this Agreement unless such travel is listed in EXHIBIT E, “Budget Estimate - Fiscal
Year 2023”, or approved in advance by the DEPARTMENT. Staff from the DESIGNATED
AGENCY seeking travel approval should submit the details for the requested travel expenses
to the DEPARTMENT in advance and must include information on how the travel request
will benefit the transportation planning process of the DESIGNATED AGENCY. In
addition, all expenses for food, fuel, mileage, and lodging accommodations incurred from
travel within or outside of the State of Georgia shall be limited to the currently approved
amounts posted on the United States General Services Administration (GSA) website for the
corresponding geographic location.
2. Indirect Costs
The DEPARTMENT shall reimburse the DESIGNATED AGENCY for such indirect
costs as are properly chargeable to the PROJECT under generally accepted accounting
principles and as allowed in 2 C.F.R. Part 200, “Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards”, and not prohibited by the laws of
the State of Georgia. Fringe benefits shall be reimbursed at a provisional overhead rate of
23.92% of the amount paid as direct salaries and wages to persons employed by the
DESIGNATED AGENCY on the PROJECT. Indirect Personnel cost shall be reimbursed at
a provisional overhead rate of 86.36% of the amount paid as direct salaries, wages and fringe
benefits to persons employed by the DESIGNATED AGENCY that are chargeable to the
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PROJECT. Upon completion of the PROJECT, the DEPARTMENT will determine the final
payment for indirect costs by the audit of the DESIGNATED AGENCY’S accounts to
establish the actual allowable overhead rate experienced during the period of performance of
this Agreement. The DESIGNATED AGENCY understands and agrees that the
DEPARTMENT may accept, in lieu of its own audit, a federal audit, or an audit by an
independent accountant or accounting firm. The audit of an independent accountant or
accounting firm shall be made and reported in accordance with audit requirements, 2 C.F.R.
Part 200. The DESIGNATED AGENCY shall ensure that the independent accountant or
accounting firm shall make available upon request to authorized representatives of the
DEPARTMENT all audit work papers pertaining to this AGREEMENT to determine said
final payment for indirect costs.
In the event the DESIGNATED AGENCY’S actual allowable overhead rate during the
period of this Agreement is less than the provisional overhead rate established herein, the
DESIGNATED AGENCY shall reimburse the DEPARTMENT the difference between the
indirect cost actually paid and the actual allowable indirect cost as determined by the final
audit in accordance with the provisions of this Article.
The DESIGNATED AGENCY further agrees that the decision of the DEPARTMENT
in the establishment of the actual allowable overhead rate for final payment of indirect costs
shall be final.
The validity of these indirect cost payments may be verified from the indirect cost
records of the DESIGNATED AGENCY by authorized representatives of the
DEPARTMENT and the Federal Government as the work progresses and in any event before
the final settlement of the DESIGNATED AGENCY’S costs under this Agreement or
amendments hereto.
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ARTICLE VII
SUBSTANTIAL CHANGES
If prior to the satisfactory completion of the services under this Agreement, the DEPARTMENT
materially changes the scope, character, complexity, or duration of the services from those required under
the Basic Agreement, a supplemental agreement shall be executed between the parties. Minor changes
that do not involve changes in compensation, the Scope and Procedure, the extension of the term, or the
goals and objectives of the PROJECT may be made by written notification of such change by either party
with the written approval of the other party.
ARTICLE VIII
PARTIAL PAYMENT
The DESIGNATED AGENCY shall submit to the DEPARTMENT itemized vouchers showing,
in reasonable detail, the actual allowable costs per work element, incurred by the DESIGNATED
AGENCY on the PROJECT for the voucher period. A summary of the cost breakdown and work
progress for each work element shall accompany each voucher. Upon the basis of its review of such
vouchers, the DEPARTMENT may, at the request of the DESIGNATED AGENCY, make payment to
the DESIGNATED AGENCY as the work progresses but not more often than four times during the fiscal
year. The vouchers shall be numbered consecutively, and subsequent vouchers shall be submitted every
three months, but no later than forty-five (45) days after the end of each quarter, until the PROJECT is
completed. Payment shall be made in the amount of sums earned, less previous partial payments.
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ARTICLE IX
FINAL PAYMENT
IT IS FURTHER AGREED that upon satisfactory completion by the DESIGNATED AGENCY
and acceptance by the DEPARTMENT of the work described in Article I of this Agreement, the
DESIGNATED AGENCY shall submit to the DEPARTMENT a written submission for a final payment
not more than forty-five (45) days after the completion date of the PROJECT. Upon receipt of any final
written submission by the DESIGNATED AGENCY, the DEPARTMENT shall pay the DESIGNATED
AGENCY a sum equal to one hundred percent (100%) of the allowable cost set forth herein less the total
of all previous partial payments, paid or in the process of payment.
The DESIGNATED AGENCY agrees that acceptance of this final payment shall be in full and
final settlement of all claims arising against the DEPARTMENT for work done, materials furnished,
costs incurred, or otherwise arising out of the Agreement and shall release the DEPARTMENT from any
and all further claims of whatever nature, whether known or unknown for and on account of said
Agreement, and for any and all work done, and labor and materials furnished, in connection with the
same.
ARTICLE X
MAINTENANCE OF CONTRACT COST RECORDS
The DESIGNATED AGENCY shall maintain all books, documents, papers, accounting records,
and other evidence pertaining to costs incurred on the PROJECT and shall make material available at all
reasonable times during this period of the Agreement, and for three years from the date of final payment
under the Agreement, for inspection by the DEPARTMENT, and the Federal Highway Administration
and any reviewing agencies, and copies thereof shall be furnished upon request.
The DESIGNATED AGENCY shall certify that items of equipment included indirect costs have
been excluded from the indirect costs.
The DESIGNATED AGENCY agrees that the provisions of this Article shall be included in any
contracts it may make with any subcontractor, assignee, or transferee.
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ARTICLE XI
SUBCONTRACTS, ASSIGNMENT, OR TRANSFER RESTRICTIONS
The DESIGNATED AGENCY agrees not to assign, sublet, or transfer any or all of its interest
in the Agreement without the prior written approval of the DEPARTMENT and the Federal Highway
Administration. The DESIGNATED AGENCY also agrees that all subcontracts shall be subject to the
provisions contained in this Agreement. The DESIGNATED AGENCY also agrees that any
subcontracts exceeding Ten Thousand Dollars ($10,000) in cost shall contain all the required provisions
of this Agreement. All consultants hired by the DESIGNATED AGENCY shall be on the
DEPARTMENT’S pre-qualified consultants list.
ARTICLE XII
USE OF DOCUMENTS
The DESIGNATED AGENCY agrees that all reports, drawings, studies, specifications,
estimates, maps, computations, and other data, prepared by or for it under the terms of this Agreement
shall be made available to the DEPARTMENT and the Federal Highway Administration at all reasonable
times during the period of the Agreement and upon termination or completion of the work. The
DEPARTMENT shall have the right to use the same without restriction or limitation and without
compensation to the DESIGNATED AGENCY other than that provided for in this Agreement.
ARTICLE XIII
TERMINATION
The DEPARTMENT reserves the right to terminate this Agreement at any time for just cause, or
for any cause, upon 30 days written notice to the DESIGNATED AGENCY, notwithstanding any just
claims by the DESIGNATED AGENCY for payment of services rendered prior to the date of
termination.
Should the work under this Agreement be terminated by the DEPARTMENT pursuant to this
Article, final payment to the DESIGNATED AGENCY shall be made in the amount of sums earned,
less previous partial payments. Any work elements that are incomplete by the termination date shall be
reimbursed based upon the percentage of work completed for said work element(s).
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ARTICLE XIV
PUBLISHED REPORTS
It is agreed that articles, papers, bulletins, data, studies, statistics, interim or final reports,
oral transmittals or any other materials reporting the plans, progress, analyses, results, or findings of
work conducted under this Agreement shall not be presented publicly or published without prior
written approval by the DEPARTMENT.
It is further agreed that all published reports shall include a disclaimer provision on the cover or
title page in the following form:
"The opinions, findings, and conclusions in this publication are those of the author(s) and
not necessarily reflect the official views or policies of those of the Department of
Transportation, State of Georgia, or the Federal Highway Administration. This
publication does not constitute a standard, specification, or regulation."
All reports published by the DESIGNATED AGENCY shall contain a credit reference to the
Federal Highway Administration such as:
"Prepared in cooperation with the Department of Transportation, State of Georgia, and
the Federal Highway Administration."
It is further agreed that any information concerning the PROJECT, its conduct, results or data
gathered or processed shall not be released other than as required under the Georgia Open Records Act,
O.C.G.A. § 50-18-70, et seq. Any request directed to the DESIGNATED AGENCY pursuant to the
Georgia Open Records Act, for documents or information that are either received or maintained by the
DESIGNATED AGENCY in the performance of the work under this Contract, for or on behalf of the
DEPARTMENT, shall be released pursuant to the provisions of the Act. Further, the DESIGNATED
AGENCY agrees to consult with the DEPARTMENT prior to releasing the requested documents, where
required by the DEPARTMENT.
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ARTICLE XV
COPYRIGHTING
The DESIGNATED AGENCY shall be free to copyright material developed under this
Agreement with the provisions that the DEPARTMENT and the Federal Highway Administration
reserve a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use,
and authorize others to use, the work for government purposes.
ARTICLE XVI
COVENANT AGAINST CONTINGENT FEES
The DESIGNATED AGENCY shall comply with all relevant federal, state and local laws. The
DESIGNATED AGENCY warrants that it has not employed or retained any company or person, other
than a bona fide employee working solely for the DESIGNATED AGENCY, to solicit or secure this
Agreement and that it has not paid or agreed to pay any company or person, other than a bona fide
employee working solely for the DESIGNATED AGENCY, any fee, commission, percentage, brokerage
fee, gifts or any other consideration, contingent upon or resulting from the award or making of this
Agreement. For breach or violation of this warranty, the DEPARTMENT shall have the right to annul
this Agreement without liability or, at its discretion, to deduct from the contract price or consideration,
or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or
contingent fee.
ARTICLE XVII
CONTRACT DISPUTES
This Agreement shall be deemed to have been executed in Fulton County, Georgia, and all
questions of interpretation and construction shall be governed by the laws of the State of Georgia.
ARTICLE XVIII
COMPLIANCE WITH APPLICABLE LAW
A. The undersigned certify that the provisions of the Official Code of Georgia Annotated
(“O.C.G.A.”), Sections 45-10-20 through 45-10-28, relating to conflict of interest, have been
complied with in full.
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B. It is further agreed that the DESIGNATED AGENCY shall comply with and shall require its
subcontractors to comply with the regulations for compliance with Title VI of the Civil Rights
Act of 1964 as amended, and 23 C.F.R. Part 200 as stated in APPENDIX A, “Notice Of
Contractors, Compliance With Title VI Of The Civil Rights Act Of 1964”, of this
Agreement.
C. It is further agreed that and certified by the DESIGNATED AGENCY that neither it nor any of
its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any State or Federal department or
agency, and is eligible to receive the Federal funding assistance provided for in this Agreement,
as provided for in APPENDIX B, “Certification Regarding Debarment, Suspension,
Proposed Debarment, And Other Responsibility Matters”.
D. It is further agreed that and certified by the DESIGNATED AGENCY that the provisions of the
O.C.G.A §§ 50-24-1 through 50-24-6, relating to the "Drug-Free Workplace Act", have been
complied with in full as stated in APPENDIX C, “Drug-Free Workplace Certificate”.
E. It is further agreed that and certified by the DESIGNATED AGENCY that the provisions of the
O.C.G.A § 13-10-91, relating to the “Georgia Security and Immigration Compliance Act” have
been complied with in full as stated in APPENDIX D, “Georgia Security And Immigration
Compliance Act Affidavit”.
F. It is further agreed and certified that, pursuant to O.C.G.A § 50-5-85, the DESIGNATED
AGENCY is not currently engaged in and agrees that for the duration of this Agreement, it will
not engage in a boycott of Israel.
G. The covenants herein contained shall, except as otherwise provided, accrue to the benefit of
and be binding upon the successors and assigns of the parties hereto.
ARTICLE XIX
AUDITS OF COST RECORDS
The DEPARTMENT shall have the right to perform an audit of all documents and records
pertaining to costs incurred on this PROJECT for a period of three (3) years after the final payment under
Article IX is made by the DEPARTMENT to the DESIGNATED AGENCY under this Agreement. If
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requested, the DESIGNATED AGENCY shall assist in making the result of the audit performed pursuant
to 2 C.F.R. Part 200, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards” available to the DEPARTMENT. To the extent such audit is applicable, the
DEPARTMENT, in its sole discretion, may agree to accept the Single Audit in lieu of its audit as herein
allowed. Further, the DESIGNATED AGENCY agrees to reimburse the DEPARTMENT for the
DEPARTMENT's share of any and all costs disallowed as a result of either the Single Audit or by the
audit allowed hereunder by the DEPARTMENT, unless the cost was incurred due to reliance of
DEPARTMENT guidance.
ARTICLE XX
INSURANCE
By execution of this agreement, the DESIGNATED AGENCY certifies to the DEPARTMENT
that it and any subcontractors or consultants will maintain the following minimum amounts of
insurance:
A. Workmen’s Compensation Insurance in accordance with the laws of the State of Georgia.
B. Public Liability Insurance as follows:
1. Each Occurrence Limit: $1,000,000.00
2. Personal Injury/Death Limit: $1,000,000.00
3. General Aggregate Limit: $2,000,000.00
4. Products/Completed Ops.: $2,000,000.00
Aggregate Limit
5. Automobile Liability Limit: $1,000,000.00 (Combined Single Limit)
6. Umbrella Liability: $2,000,000.00
Insurance shall be maintained in full force and effect during the life of the contract, or amendments
hereto, and shall protect the DESIGNATED AGENCY, its employees, agents and representatives from
claims for damages, for personal injury, and death and for damages arising in any manner from the
negligent or wrongful acts or failures to act by DESIGNATED AGENCY, its employees, agents, or
representatives in the performance of the work covered by the contract, or amendments hereto.
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IN WITNESS WHEREOF, said parties have hereunto set their hands and affixed their seals the day
and year above first written.
GEORGIA DEPARTMENT OF
TRANSPORTATION
Commissioner
ATTEST:
Treasurer
AUGUSTA REGIONAL
TRANSPORTATION STUDY
Director
IN THE PRESENCE OF:
Witness
Signed, Sealed and Delivered
This ______ day of _______________, 2022
in the presence of:
NOTARY PUBLIC
I attest that the corporate seal attached to this
document is, in fact, the seal of the Corporation
executing this Document does, in fact, occupy
the official position indicated and is duly
authorized to execute such document on behalf
of this Corporation.
ATTEST:
______________________________
______________________________
Federal Employee Tax No.:
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EXHIBIT A
Certification of Designated Agency
I hereby certify that I am the DIRECTOR and duly authorized representative of the Augusta Regional
Transportation Study, whose address is 535 Telfair Street, Augusta, Suite 300, GA 30901, and that
neither I nor the entity I here represent has:
(a) Employed or retained for a commission, percentage, brokerage, contingent fee,
or other consideration, any firm or person (other than a bona fide employee
working solely for me or the above commission to solicit or secure the
Agreement.
(b) Agreed, as an express or implied condition for obtaining this Agreement, to
employ or retain the services of any firm or person in connection with carrying
out the Agreement, or
(c) paid, or agreed to pay, to any firm, organization or person (other than a bona fide
employee working solely for me or the above commission) any fee, contribution,
donation, or consideration of any kind, or in connection with, procuring or
carrying out the Agreement; except as here expressly stated (if any):
I acknowledge that this certificate is to be furnished to the Georgia Department of Transportation and
the Federal Highway Administration, U.S. Department of Transportation, in connection with the
Agreement involving the participation of Federal-Aid highway funds, and is subject to applicable State
and Federal laws, both criminal and civil.
__________________________ ______________________________
(Date) Signature of Authorized Representative
______________________________
Type or Print Name
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EXHIBIT B
Certification of Department Of Transportation of the State of Georgia
I hereby certify that I am the COMMISSIONER of the Department of Transportation of the State of
Georgia and that the above Planning Commission in EXHIBIT A or its representative has not been
required, directly, or indirectly, as an express or implied condition in connection with obtaining or
carrying out this Agreement to:
(a) Employ or retain, or agree to employ or retain, any firm or person, or
(b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation,
or consideration of any kind; except as here expressly stated (if any):
I acknowledge that this certificate is to be furnished the Federal Highway Administration, U. S.
Department of Transportation, in connection with this Agreement involving the participation of Federal-
Aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil.
___________________________________ __________________________________
(Date) Commissioner
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EXHIBIT C
Federal Award Identification Required Elements
1. Sub-recipient Name: AUGUSTA REGIONAL TRANSPORTATION STUDY
2. Sub-recipient’s DUNS Number (Data Universal Numbering System, required under 2 C.F.R. §
200.32): #073438418
3. Federal Award Identification Number: PI# 0019245
4. Federal Award Date (2 CFR 200.39, date when the federal award is signed by the federal
awarding agency): 06/30/2022
5. Sub-award Period of Performance start and end date: October 1st, 2022 - April 30th, 2024
6. Amount of federal funds obligated by this action: $240,000
7. Total amount of the federal funds obligated to sub-recipient: $240,000
8. Total Amount of the federal award: $240,000
9. Federal Award Project Description (as required under the Federal Funding Accountability and
Transparency Act): Metropolitan Transportation Planning Services Contract for THE
AUGUSTA REGIONAL TRANSPORTATION STUDY – FREIGHT PLAN FY 2023
10. Name of Federal Awarding Agency: Federal Highway Administration
11. Pass-through entity: Georgia Department of Transportation’s Office of Planning
12. Contact information for the awarding official: FHWA Georgia Division, 61 Forsyth Street,
Suite 17T100, Atlanta, GA 30303
13. CFDA Number and Name: 20.205
14. Is this a Research and Development Project? NO
15. Indirect cost rate if used (2C.F.R. § 200.414): 86.36%
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EXHIBIT D
Work Program - Fiscal Year 2023
See Task 4.3 – Intermodal Planning of the Unified Planning Work Program (UPWP) – FY 2023
Document can be found here:
https://www.augustaga.gov/2086/Unified-Planning-Work-Program
(Current as of July 1, 2022)
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EXHIBIT E
Budget Estimate - Fiscal Year 2023
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EXHIBIT F
Schedule - Fiscal Year 2023
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APPENDIX A
NOTICE OF CONTRACTORS
COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACTS OF 1964
AS AMENDED BY THE CIVIL RIGHTS RESTORATION ACT OF 1987
FOR FEDERAL-AID CONTRACTS
During the performance of this Contract, the contractor, for itself, its assignees and successors in interest
(hereinafter referred to as the "Contractor") agrees as follows:
(1) Compliance with Regulations: The Contractor will comply with the Regulations of the U.S.
Department of Transportation relative to nondiscrimination in Federally-assisted programs of the Department
of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the Regulations),
which are herein incorporated by reference and made a part of this contract.
(2) Nondiscrimination: The Contractor, with regard to the work performed by it after award and prior
to completion of contract work, will not discriminate on the ground of race, color, national origin or sex in the
selection and retention of subcontractors including procurement of materials and leases of equipment. The
Contractor will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of
the Regulations, including employment practices when the contract covers a program, set forth in Appendix
B of the Regulations. In addition, the Contractor will not participate either directly or indirectly in the
discrimination prohibited by 23 CFR 200 (b).
(3) Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all
solicitations, either by competitive bidding or negotiations made by the Contractor for work to be performed
under a subcontract, including procurement of materials or equipment, each potential subcontractor or
supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the
Regulations relative to nondiscrimination on the ground of race, color, national origin or sex.
(4) Information and Reports: The Contractor will provide all information and reports required by the
Regulations, to permit access to its books, records, accounts, other sources of information and its facilities
as may be determined by the Department of Transportation or the Federal Highway Administration to be
pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information
required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this
information, the Contractor shall so certify to the DEPARTMENT or the Federal Highway Administration as
appropriate, and shall set forth what efforts it has made to obtain the information.
(5) Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the
nondiscrimination provisions of this contract, the DEPARTMENT shall impose such contract sanctions as it
or the Federal Highway Administration may determine to be appropriate, including, but not limited to,
(a) withholding of payments to the Contractor under the contract until the Contractor complies, and/or
(b) cancellation, termination or suspension of the contract, in whole or in part.
(6) Incorporation of Provisions: The Contractor will include the provision of paragraphs (1) through
(6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the
Regulations, order, or instructions issued pursuant thereto. The Contractor will take such action with respect
to any subcontract or procurement as the DEPARTMENT or the Federal Highway Administration may direct
as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in
the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier
as a result of such direction, the Contractor may request the State to enter into such litigation to protect the
interests of the State, and in addition, the Contractor may request the United States to enter into such litigation
to protect the interests of the United States.
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APPENDIX B
CERTIFICATION FOR STATE REGARDING DEBARMENT, SUSPENSION, AND
OTHER RESPONSIBILITY MATTERS - PRIMARY COVERED TRANSACTIONS
The AUGUSTA REGIONAL TRANSPORTATION STUDY, as an Applicant for a Federal PL
Fund grant or cooperative agreement, certifies to the best of its knowledge and belief, that its
principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible or
voluntarily excluded from covered transactions by any federal department or agency;
(2) Have not within a three year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain or performing a public (Federal, State, or Local) transaction or
contract under a public transaction; violation of Federal or State antitrust statutes or commission of
embezzlement, theft forgery, bribery, falsification or destruction of records, making false statements,
or receiving stolen property;
(3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State or Local) with the commission of any of the offenses enumerated in paragraph
(2) of this certification; and
(4) Have not within a three year period preceding this application/proposal had one or more
public transactions (Federal, State or Local) terminated for cause or default.
Where the State is unable to certify to any of the statements in this certification with respect to its
principals, the State shall attach an explanation to this proposal.
THE AUGUSTA REGIONAL TRANSPORTATION STUDY CERTIFIES OR AFFIRMS THE
TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE STATEMENTS
SUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTANDS THAT THE
PROVISIONS OF 31 U.S.C. SECTIONS 3801 ET SEC. ARE APPLICABLE THERETO.
Authorized Official
____________________________________ ______________________________
Director Date
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APPENDIX C
CERTIFICATION OF CONSULTANT
DRUG-FREE WORKPLACE
I hereby certify that I am a principal and duly authorized representative of AUGUSTA REGIONAL
TRANSPORTATION STUDY, whose address is 535 TELFAIR STREET, SUITE 300, AUGUSTA,
GA 30901 and it is also certified that:
(1) The provisions of Section 50-24-1 through 50-24-6 of the Official Code of Georgia
Annotated, relating to the "Drug-Free Work Place Act", have been complied with in full; and
(2) A drug-free workplace will be provided for the consultant's employees during the
performance of the contract; and
(3) Each subcontractor, if any, hired by the DESIGNATED AGENCY shall be required to
ensure that the subcontractor's employees are provided a drug-free workplace. The DESIGNATED
AGENCY shall secure from that subcontractor the following written certification:
"As part of the subcontracting agreement with the AUGUSTA REGIONAL
TRANSPORTATION STUDY certifies that a drug-free workplace will be provided for the
subcontractor's employees during the performance of this contract pursuant to paragraph (7) of
subsection (b) of the Official Code of Georgia Annotated Section 50-24-3", and
(4) It is certified that the undersigned will not engage in unlawful manufacture, sale, distribution,
dispensation, possession, or use of a controlled substance or marijuana during the performance of
the contract.
____________________________ ________________________________
Date Director
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APPENDIX D - GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT
AFFIDAVIT
Name of Contracting Entity: FHWA – METROPOLITAN PLANNING PROGRAM
Contract No. and Name: PL 0018415-PLN
AUGUSTA REGIONAL TRANSPORTATION STUDY
By executing this affidavit, the undersigned person or entity verifies its compliance with O.C.G.A. § 13-10-
91, stating affirmatively that the individual, firm, or entity which is contracting with the Georgia Department
of Transportation has registered with, is authorized to participate in, and is participating in the federal work
authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance
with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91.
The undersigned person or entity further agrees that it will continue to use the federal work authorization
program throughout the contract period, and it will contract for the physical performance of services in
satisfaction of such contract only with subcontractors who present an affidavit to the undersigned with the
information required by O.C.GA. § 13-10-91(b).
The undersigned person or entity further agrees to maintain records of such compliance and provide a copy
of each such verification to the Georgia Department of Transportation within five (5) business days after any
subcontractor is retained to perform such service.
_______________________________________
E-Verify Company Identification Number
_______________________________________
Signature of Authorized Officer or Agent
_______________________________________
Date of Authorization
_______________________________________
Printed Name of Authorized Officer or Agent
_______________________________________
Name of Contractor
_______________________________________
Title of Authorized Officer or Agent
_______________________________________
Date
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
_____ day of_________________, 2022
________________________________________ [NOTARY SEAL]
Notary Public
My Commission Expires on: ___________________
Attachment number 1 \nPage 26 of 26
Item # 5
FY 2023
Unified Planning Work Program
Prepared By:Augusta Planning & Development Department
Carla Delaney, Director
In Cooperation With:Aiken County, Edgefield County, and Columbia CountyFederal Transit AdministrationFederal Highway Administration
Georgia Department of TransportationSouth Carolina Department of Transportation
Adopted March 3, 2022Amended June 9, 2022
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33
TASK 4.3 - Intermodal Planning
Purpose: To incorporate bicycle, pedestrian, public transit, freight, and non-motorized
transportation planning activities into the overall ARTS transportation planning process. To
implement projects that resolve conflicts between modes of transportation, such as rail/highway
conflicts, and projects that improve connections and travel alternatives among modes of
transportation.
This work element will be used to foster a transportation system that accommodates bicycle,
pedestrian, public transit, freight, and other non-motorized means of transportation. Activities
under this work element will focus on evaluating the highway and rail conflicts in the ARTS area;
addressing the efficient movement of freight; identifying possible solutions to problem locations
related to intermodal connections, and improving safety for non-motorized travel.
Through the implementation of the Regional Bicycle and Pedestrian Plan, the ARTS
transportation system will be more intermodal. This plan prioritized proposed projects based on
numerous factors identified by local stakeholders. The plan recommends local governments
strengthen policies related to:
1. Bicycle paths and parking
2. Pedestrian facilities
3. Regional connectivity
4. Bicycle and Pedestrian Safety and Educational Outreach
The implementation of the Regional Bicycle and Pedestrian Plan will be pursued by ARTS MPO
committees as projects in the TIP progress preliminary engineering and all subsequent phases of
work during the project implementation.
Previous Work
1. The 2050 MTP and FY 2021-2024 TIP updates include future transportation projects on
routes/corridors serving freight traffic.
2. ARTS Bicycle and Pedestrian Plan (Implementation and monitoring Transportation
Alternatives Program (TAP) projects).
3. Aiken County Bicycle and Pedestrian Plan (Implementation and monitoring TAP projects).
4. ARTS staff continued work on compiling data to assess Sidewalk and Bus Stop/Shelter Gap
Analysis based on the Americans with Disabilities Act (ADA) Self Evaluation Plan for
Richmond County.
5. ARTS staff released a solicitation for Transportation Alternatives (TA) Set-aside grant
applications.
FY 2023 Work Activities and Schedule
ACTIVITIES EXPECTED COMPLETION
DATE
1. Complete Streets Policy Technical Report January 31, 2023
2. Education and outreach materials for bicycle and pedestrian
safety February 15, 2023
3. Collect data to create GIS map of Critical Freight Corridors April 2023
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Item # 5
34
ACTIVITIES EXPECTED COMPLETION
DATE
4. Collect and analyze traffic conflicts at railroad crossings June 30, 2023
5. Task 0 – Project Management July 2022 – June 2023
6. Task 1 – Project Initiation July 2022 – August 2022
7. Task 2 – Existing Conditions Inventory and Profiles Analysis July 2022 – Sept. 2022
8. Task 3 – Stakeholder Involvement / Freight Advisory Committee July 2022 – June 2023
9. Task 4 – Freight Project Identification Oct. 2022 – Feb. 2023
10. Task 5 – Freight Project Evaluation / Project Feasibility Jan 2023 – April 2023
11. Task 6 – Draft and Final Freight Report April 2023 – July 2023
Product(s)
1. Complete Streets Policy Technical Report.
2. Draft 2022 ARTS Regional Freight Plan Update completed by selected consultant pending
GAMPO application. ARTS staff will intermodal task funds to assist the selected consultant
with public outreach and administrative support.
COST ESTIMATES AND PROPOSED FUNDING SOURCES
Responsible Agencies: Augusta Planning and Development Department (APDD), Aiken County
Planning and Development Department (ACPDD), Federal Highway Administration – GA(FHWA
GA), Federal Highway Administration – SC (FHWA SC), Georgia Department of Transportation
(GDOT), and South Carolina Department of Transportation (SCDOT).
FUNDING SOURCE APDD ACPDD TOTALS
FHWA (GA PL) $44,358.82 $44,358.82
APDD (GA PL Match) $11,089.70 $11,089.70
FHWA (SC PL) $400.00 $3,200.00 $3,600.00
ACPDD (SC PL Match) $100.00 $800.00 $900.00
FHWA (GA PL) – GAMPO $240,000.00 $240,000.00
APDD (GA PL Match) – GAMPO $60,000.00 $60,000.00
TOTAL $355,948.52 $4,000.00 $359,948.52
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60
FY 2023 UPWP BUDGET
Figure 3 - FY 2023 UPWP Budget
FTA SEC 5303 SEC 5303 FTA SEC 5303
FHWA APDD FHWA ACPDD SEC 5303 GA STATE APDD FHWA ACPDD SEC 5303 LSCOG FHWA NAPDD
GA PL MATCH SC PL MATCH FUNDS MATCH MATCH SC PL MATCH SC PL MATCH SC PL MATCH
1.1 Program Coordination/Administration $52,000.00 $13,000.00 $6,000.00 $1,500.00 -$ -$ -$ $45,000.00 $11,250.00 -$ -$ -$ -$ $128,750.00
1.2 Training/Employee Education $32,000.00 $8,000.00 -$ -$ -$ -$ -$ $6,000.00 $1,500.00 -$ -$ -$ -$ $47,500.00
1.3 UPWP $18,400.00 $4,600.00 $800.00 $200.00 -$ -$ -$ $2,000.00 $500.00 -$ -$ -$ -$ $26,500.00
$102,400.00 $25,600.00 $6,800.00 $1,700.00 -$ -$ -$ $53,000.00 $13,250.00 -$ -$ -$ -$ $202,750.00
2.1 Community Outreach / Education $26,400.00 $6,600.00 $2,000.00 $500.00 -$ -$ -$ $5,000.00 $1,250.00 -$ -$ -$ -$ $41,750.00
$26,400.00 $6,600.00 $2,000.00 $500.00 -$ -$ -$ $5,000.00 $1,250.00 -$ -$ -$ -$ $41,750.00
3.1 Environmental Justice & Socioeconomic Data $16,000.00 $4,000.00 $1,200.00 $300.00 -$ -$ -$ $2,400.00 $600.00 -$ -$ -$ -$ $24,500.00
3.2 Land Use Monitoring $14,400.00 $3,600.00 -$ -$ -$ -$ -$ $5,200.00 $1,300.00 -$ -$ -$ -$ $24,500.00
3.3 Transportation Surveys, Models & Analysis $17,600.00 $4,400.00 $400.00 $100.00 -$ -$ -$ $2,400.00 $600.00 -$ -$ -$ -$ $25,500.00
3.4 Environmental Justice / Title VI $16,000.00 $4,000.00 -$ -$ -$ -$ -$ $2,400.00 $600.00 -$ -$ -$ -$ $23,000.00
3.5 GIS Development & Applications $28,000.00 $7,000.00 -$ -$ -$ -$ -$ $40,000.00 $10,000.00 -$ -$ -$ -$ $85,000.00
$92,000.00 $23,000.00 $1,600.00 $400.00 -$ -$ -$ $52,400.00 $13,100.00 -$ -$ -$ -$ $182,500.00
4.1 Metropolitan Transportation Plan $14,400.00 $3,600.00 $800.00 $200.00 -$ -$ -$ $4,800.00 $1,200.00 -$ -$ -$ -$ $25,000.00
4.2 Congestion Management $16,000.00 $4,000.00 $800.00 $200.00 -$ -$ -$ $3,200.00 $800.00 -$ -$ -$ -$ $25,000.004.3 Intermodal Planning $44,358.82 $11,089.70 $400.00 $100.00 -$ -$ -$ $3,200.00 $800.00 -$ -$ -$ -$ $59,948.524.4 Air Quality Issues $18,400.00 $4,600.00 $1,600.00 $400.00 -$ -$ -$ $3,600.00 $900.00 -$ -$ -$ -$ $29,500.004.5 Bike and Pedestrian Plan Update $40,000.00 $10,000.00 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ $50,000.004.6 Complete Streets -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ $0.00
$133,158.82 $33,289.70 $3,600.00 $900.00 -$ -$ -$ $14,800.00 $3,700.00 -$ -$ -$ -$ $189,448.52
4.7.1 Georgia Avenue Traffic Calming and Pedestrian Access -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ $40,000.00 $10,000.00 $50,000.00
4.7.2 North Augusta Unified Transportation Plan -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ $80,000.00 $20,000.00 $100,000.00
4.7.3 Transportation Hub Accessibility and Land Travel Patterns $36,000.00 $9,000.00 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ $45,000.00
4.7.4 US1 Corridor Pedestrian Fatalities Analysis $36,000.00 $9,000.00 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ $45,000.00
4.7.5 Bettis Academy Road Feasibility Study -$ -$ -$ -$ -$ -$ -$ $160,000.00 $40,000.00 -$ -$ -$ -$ $200,000.00
4.7.6 Whiskey Road Feasibility Study -$ -$ -$ -$ -$ -$ -$ $40,000.00 $10,000.00 -$ -$ -$ -$ $50,000.00
4.7.7 Aiken County Urbanized Area Bicycle Pedestrian Plan Update -$ -$ -$ -$ -$ -$ -$ $160,000.00 $40,000.00 -$ -$ -$ -$ $200,000.00
4.7.8 Five Notch Corridor Study -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ $80,000.00 $20,000.00 $100,000.00
4.7.9 US 278/5th Street Intersection and Gateway Study -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ $40,000.00 $10,000.00 $50,000.00
4.7.10 US 278/Martintown Road/Buena Vista Boulevard Study -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ $40,000.00 $40,000.00 $80,000.00
4.7.11 SC 118 Intersection Analysis -$ -$ -$ -$ -$ -$ -$ 80,000.00$ 20,000.00$ -$ -$ -$ -$ $100,000.00
$72,000.00 $18,000.00 $0.00 $0.00 -$ -$ -$ $440,000.00 $110,000.00 -$ -$ 280,000.00$ 100,000.00$ $1,020,000.00
5.1 Program Support and Administration -$ -$ -$ -$ $33,089.00 $4,136.13 $4,136.13 -$ -$ $26,040.00 $6,510.00 -$ -$ $73,911.25
5.2 Long-Range Transportation Planning -$ -$ -$ -$ $48,800.00 $6,100.00 $6,100.00 -$ -$ $2,000.00 $500.00 -$ -$ $63,500.00
5.3 Short -Range Transportation Planning -$ -$ -$ -$ $36,000.00 $4,500.00 $4,500.00 -$ -$ $15,960.00 $3,990.00 -$ -$ $64,950.00
5.4 Transportation Improvement Program -$ -$ -$ -$ $33,600.00 $4,200.00 $4,200.00 -$ -$ $4,000.00 $1,000.00 -$ -$ $47,000.00
-$ -$ -$ -$ $151,489.00 $18,936.13 $18,936.13 -$ -$ $48,000.00 $12,000.00 -$ -$ $249,361.25
6.1 Performance Based Planning $20,000.00 $5,000.00 -$ -$ -$ -$ -$ $9,600.00 $2,400.00 -$ -$ -$ -$ $37,000.00
$20,000.00 $5,000.00 -$ -$ -$ -$ -$ $9,600.00 $2,400.00 -$ -$ -$ -$ $37,000.00
7.1 Transportation Improvement Program $16,000.00 $4,000.00 $1,600.00 $400.00 -$ -$ -$ $5,200.00 $1,300.00 -$ -$ -$ -$ $28,500.00
$16,000.00 $4,000.00 $1,600.00 $400.00 -$ -$ -$ $5,200.00 $1,300.00 -$ -$ -$ -$ $28,500.00
$461,958.82 $115,489.70 $15,600.00 $3,900.00 $151,489.00 $18,936.13 $18,936.13 $580,000.00 $145,000.00 $48,000.00 $12,000.00 $280,000.00 $100,000.00 $1,951,309.77
4.3 GAMPO 2022 Freight Plan Update (Pending Gampo Approval)$240,000.00 $60,000.00 $300,000.00
4.5 GAMPO PL 0018099-PLN 2022 Bike and Pedestrian Plan $240,000.00 $60,000.00 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ $300,000.00
4.6 Y410 FUNDING - Complete Streets Funding (Pending
Supplemental Agreement) $11,459.55 $2,864.89 $14,324.44
$491,459.55 $122,864.89 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ $614,324.44
$953,418.37 $238,354.59 $15,600.00 $3,900.00 $151,489.00 $18,936.13 $18,936.13 $580,000.00 $145,000.00 $48,000.00 $12,000.00 $280,000.00 $100,000.00 $2,565,634.21
FIGURE 3
SUBTOTAL: FY 2023 MPO PL & Local Match
Subtotal: Program Administration
Subtotal: Public Involvement
Subtotal: Data Collection/ Analysis
Subtotal: Transportation System Planning
Subtotal: Special Transportation Studies
Subtotal: Public Transit/Paratransit
Subtotal: Performance Based Planning
Subtotal: Transportation Improvement Program
GRAND TOTAL: FY 2023 MPO PL & Local Match w/ FY 2023 GAMPO PL & Local Match
SUBTOTAL: FY 2023 GAMPO PL & Local Match
TOTAL
AIKEN COUNTY PLANNING &
DEVELOPMENT
LOWER SAVANNAH COUNCIL
OF GOVERNMENTS AUGUSTA PLANNING & DEVELOPMENT DEPARTMENT
Revised 05/05/2022
NORTH AUGUSTA PLANNING
& DEVELOPMENT
ARTS FY 2023 UPWP
WORK ELEMENTS BY FUNDING SOURCE
Attachment number 2 \nPage 4 of 4
Item # 5
Federal Metropolitan Planning (PL) Fund Application Form
NAME OF STUDY: ARTS Regional Freight Plan Update_____ PHASE: ___1 of 1______________
MPO: _Augusta Regional Transportation Study (ARTS) ________________________________________
CONTACT (Name, Phone, Email): _Mariah Harris, (706) 821-1810, Mharris2@augustaga.gov ________
PROJECT START DATE: October 1, 2022 PROJECT END DATE: April 30, 2024
IS PROJECT UPWP/TIP APPROVED: YES IF NO, AMENDMENT NEEDED? _____________
PREVIOUS WORK ON PROJECT: _2008 Augusta Regional Freight Profile_ ________________________
DESCRIPTION OF PROJECT BACKGROUND, NEED & GOALS: MPOs are responsible for addressing freight needs
during the transportation planning process. The ARTS MPO update of the Augusta Regional Freight Profile will
review and reassess the existing freight plan (2008 Augusta Regional Freight Profile). The previous plan
described freight movement in the MPO based on existing data and interviews of key stakeholders in the region
at the time, as well as provided alternative forecast methodologies to allow for an estimation of future freight
flows in the region. This report was structured modally so that each mode (truck, rail, and air) was described
in terms of the network, (what was then) current and future freight volumes, bottlenecks, and potential
solutions. The previous ARTS Freight Study featured elements including, but not limited to: Stakeholder
Involvement, Identifying Freight Needs & Deficiencies, Freight Project Evaluation, as well as the Regional
Freight Profile within the ARTS boundary (Richmond Columbia Counties in GA, and Aiken and Edgefield
Counties in SC). It is a critical program objective that these identified priorities will form the basis for future
funding requests during the ARTS Transportation Improvement Program (TIP) and Metropolitan Transportation
Plan (MTP), and Congestion Management Process (CMP) update cycles, as well as future funding requests via
GDOT, FHWA, and other sources. The MPO seeks the assistance of the GAMPO PL Funds to proceed with the
2022 Augusta Regional Freight Profile to ensure continued integration of freight into the regional planning
process as well as meeting federal freight planning requirements.
COST DESCRIPTION (contract, staff, purchase data costs, etc.): ARTS/MPO will contract the completion of this
plan to a private consultant. The scope of services will be reviewed by the Citizen’s Advisory Committee,
Technical Coordinating Committee, and the Policy Committee for approval.
PL FUNDS: ___$240,000___ (80 %)
LOCAL MATCH (CASH): ___$60,000____ (20 %)
LOCAL MATCH (IN-KIND): _______ ______ ( __%)
TOTAL COST: __ $300,000___
MAPS/IMAGES OF PROJECT: N/A
Attachment number 3 \nPage 1 of 2
Item # 5
Attach, RFP/scope of work, MPO Policy Board matching resolution, and other supporting documentation
Attachment number 3 \nPage 2 of 2
Item # 5
Attachment number 4 \nPage 1 of 2
Item # 5
Attachment number 4 \nPage 2 of 2
Item # 5
Public Service Committee Meeting
10/25/2022 1:00 PM
Comprehensive Zoning and Alcohol Ordinances Adult Entertainment
Department:Augusta Commission
Presenter:Commissioner Ben Hasan
Caption:Motion to approve instructing the Planning & Development Department
to review and recommend updates to sections of the Comprehensive
Zoning and Alcohol Ordinances as it pertains to the Adult Entertainment
criteria. (Requested by Commissioner Ben Hasan)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 6
Public Service Committee Meeting
10/25/2022 1:00 PM
Tiny House Construction: Adopt Georgia State Minimum Standard Codes for Tiny Houses
Department:Planning & Development
Presenter:Carla Delaney or Department Designee
Caption:Motion to approve an Ordinance amendment to adopt Georgia State
minimum Standard Codes for Tiny Houses; amending Ordinance No.
7840.
Background:The Tiny House Ordinance was adopted on August 2, 2022 and as part of
the enforcement, the county must adopt the Georgia State Amendments,
Appendix Q of the 2018 International Residential Code. The Augusta
Commission in its meeting held October 18, 2022 approved the request for
amendment.
Analysis:Appendix Q sets forth the official building criteria for tiny houses
regarding features such as compact stairs, handrails, headroom, ladders,
reduced ceiling heights in lofts, and guard and emergency escape and
rescue opening requirements.
Financial Impact:NA
Alternatives:The permitting of tiny houses would be impacted if not approved.
Recommendation:Motion to Adopt Georgia State Minimum Standard Codes for Tiny
Houses. Respectfully, request to waive the 2nd reading.
Funds are Available in
the Following
Accounts:
NA
REVIEWED AND APPROVED BY:
Cover Memo
Item # 7
ORDINANCE NO. _________
AN ORDINANCE TO ADOPT GEORGIA STATE MINIMUM STANDARD
CODES FOR TINY HOUSES
WHEREAS, the Georgia State Minimum Standard Codes for Construction
promote the life, health, safety and general welfare of all citizens, and;
WHEREAS, said Codes are also designed to protect the property of all citizens,
and;
WHEREAS, it is the desire of Augusta-Richmond County Commission to adopt
and enforce, in all respects, certain appendices of the various Georgia State
Minimum Standard Codes for Construction, therefore;
BE IT ORDAINED by the Augusta-Richmond County Commission, and it is
hereby ordained by authority of the same as follows:
SECTION 1. It is the intent of Augusta, Georgia to adopt and enforce
International Residential Code, 2018, Georgia State Amendments, Appendix Q
“Tiny Houses,” as adopted and amended by the Georgia Department of
Community Affairs, and is hereby adopted by reference as though it was copied
herein fully.
SECTION 2. This ordinance shall become effective upon adoption.
SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
PASSED, ADOPTED, SIGNED, APPROVED AND EFFECTIVE this ____
day of ____________, 2022
(SEAL)
AUGUSTA, GEORGIA
By:______________________
Hardie Davis, Jr.
Attest: Mayor
Attachment number 1 \nPage 1 of 2
Item # 7
___________________________
Clerk of Commission
STATE OF GEORGIA
RICHMOND COUNTY
FIRST READING __________
SECOND READING __________
CLERK’S CERTIFICATE
I, LENA J. BONNER, Clerk of Commission, DO HEREBY CERTIFY that
the foregoing pages constitute a true and correct copy of an ordinance adopted by
the Augusta-Richmond County Commission (“the Commission”) at an open public
meeting duly called and lawfully assembled at 2:00 P.M., on the ____ day of
_________, 2022, in connection with the foregoing ordinance, that such ordinance
has not been modified or rescinded as of the date hereof, and the original of such
ordinance being duly recorded in the Minute Book of the Commission, which
Minute Book is in my custody and control.
I do hereby CERTIFY that there was a quorum of the Commissioners present
at such meeting, and that such ordinance was duly adopted by the pursuant to the
constituting and governing laws of the Augusta-Richmond County Commission.
Witness my hand and the official seal of Augusta, Georgia this ____ day of
__________, 2022.
(SEAL) ____________________
Lena J. Bonner
Clerk of Commission
Attachment number 1 \nPage 2 of 2
Item # 7
*Add new APPENDIX Q ‘TINY HOUSES’ to read as follows:
APPENDIX Q
TINY HOUSES
(The provisions contained in this appendix are not mandatory unless specifically referenced in the adopted ordinance.)
SECTION AQ101
GENERAL
AQ101.1 Scope. This appendix shall be applicable to tiny houses used as single dwelling units.
Tiny houses shall comply with this code except as otherwise stated in this appendix.
APPENDIX AQ102
DEFINITIONS
AQ102.1 General. The following words and terms shall, for the purposes of this appendix, have
the meanings shown herein. Refer to Chapter 2 of this code for general definitions.
EGRESS ROOF ACCESS WINDOW. A skylight or roof window designed and installed to
satisfy the emergency escape and rescue opening requirements in Section R310.2.
LANDING PLATFORM. A landing provided as the top step of a stairway accessing a loft.
LOFT. A floor level located more than 30 inches (762 mm) above the main floor, and open to it
on at least one side with a ceiling height of a maximum of 5 feet, used as a living or sleeping
space.
TINY HOUSE. A dwelling that is 400 square feet (37 m2) or less in floor area excluding lofts.
SECTION AQ103
CEILING HEIGHT
AQ103.1 Minimum ceiling height. Habitable space and hallways in tiny houses shall have a
finished ceiling height of not less than 6 feet 8 inches (2032 mm). Bathrooms, toilet rooms and
kitchens shall have a ceiling height of not less than 6 feet 4 inches (1930 mm). Obstructions shall
not extend below these minimum ceiling heights including beams, girders, ducts, lighting
and other obstructions.
Exception: Ceiling heights in lofts are permitted to be less than 6 feet 8 inches (2032 mm) a
maximum of 5 feet (1524 mm).
Attachment number 2 \nPage 1 of 4
Item # 7
SECTION AQ104
LOFTS
AQ104.1 Minimum loft area and dimensions. Lofts used as a sleeping or living space shall meet
the minimum area and dimension requirements of Sections AQ104.1.1 through AQ104.1.3.
AQ104.1.1 Minimum area. Lofts shall have a floor area of not less than 35 square feet (3.25 m2).
AQ104.1.2 Minimum dimensions. Lofts shall be not less than 5 feet (1524 mm) in any horizontal
dimension.
AQ104.1.3 Height effect on loft area. Portions of a loft with a sloped ceiling measuring less than
3 feet (914 mm) from the finished floor to the finished ceiling shall not be considered as
contributing to the minimum required area for the loft.
Exception: Under gable roofs with a minimum slope of 6:12, portions of a loft with a sloped
ceiling measuring less than 16 inches (406 mm) from the finished floor to the finished ceiling
shall not be considered as contributing to the minimum required area for the loft.
AQ104.2 Loft access. The access to and primary egress from lofts shall be any type described in
Sections AQ104.2.1 through AQ104.2.4.
AQ104.2.1 Stairways. Stairways accessing lofts shall comply with this code or with Sections
AQ104.2.1.1 through AQ104.2.1.6.
AQ104.2.1.1 Width. Stairways accessing a loft shall not be less than 17 inches (432 mm)
in clear width at or above the handrail. The minimum width below the handrail shall be not
less than 20 inches (508 mm).
AQ104.2.1.2 Headroom. The headroom in stairways accessing a loft shall be not less than
6 feet 2 inches (1880 mm), as measured vertically, from a sloped line connecting the tread
or landing platform nosings in the middle of their width.
AQ104.2.1.3 Treads and risers. Risers for stairs accessing a loft shall be not less than 7
inches (178 mm) and not more than 12 inches (305 mm) in height. Tread depth and riser
height shall be calculated in accordance with one of the following formulas:
1. The tread depth shall be 20 inches (508 mm) minus 4/3 of the riser height, or
2. The riser height shall be 15 inches (381 mm) minus 3/4 of the tread depth.
AQ104.2.1.4 Landing platforms. The top tread and riser of stairways accessing lofts shall
be constructed as a landing platform where the loft ceiling height is less than 6 feet 2 inches
(1880 mm) where the stairway meets the loft. The landing platform shall be 18 inches to 22
inches (457 to 559 mm) in depth measured from the nosing of the landing platform to the
edge of the loft, and 16 to 18 inches (406 to 457 mm) in height measured from the landing
platform to the loft floor.
Attachment number 2 \nPage 2 of 4
Item # 7
AQ104.2.1.4.1 Landing platform guards. Guards at the open side of landing
platforms shall comply with Section R312.1 or shall be at least as high as the loft
guard; whichever is greater.
AQ104.2.1.5 Handrails. Handrails shall comply with Section R311.7.8.
AQ104.2.1.6 Stairway guards. Guards at open sides of stairways shall comply with
Section R312.1.
AQ104.2.2 Ladders. Ladders accessing lofts shall comply with Sections AQ104.2.2.1 and
AQ104.2.2.2.
AQ104.2.2.1 Size and capacity. Ladders accessing lofts shall have a rung width of not less
than 12 inches (305 mm), and 10 inches (254 mm) to 14 inches (356 mm) spacing between
rungs. Ladders shall be capable of supporting a 300-pound (136 kg) load on any rung. Rung
spacing shall be uniform within 3/8 inch (9.5 mm).
AQ104.2.2.2 Incline. Ladders shall be installed at 70 to 80 degrees from horizontal.
AQ104.2.3 Ships ladders. Ships ladders accessing lofts shall have a minimum tread depth of 5
inches (127 mm). The tread shall be projected such that the total of the tread depth plus the nosing
projection is no less than 8 1/2 inches (216 mm). The maximum riser height shall be 9 1/2 inches
(241 mm). Handrails shall be provided on both sides of ship ladders and shall comply with Section
R311.7.8. Handrail height shall be uniform, not less than 30 inches (762 mm) and not more than
34 inches (864). The clear width at and below handrails shall be not less than 20 inches (508 mm).
Compliant ship ladders may also access additional stories of a tiny house.
AQ104.2.4 Loft guards. Loft guards shall be located along the open side of lofts. Loft guards
shall not be less than 36 inches (914 mm) in height or one-half of the clear height to the ceiling,
whichever is less, but no less than 18 inches.
SECTION AQ105
EMERGENCY ESCAPE AND RESCUE OPENINGS
AQ105.1 General. Tiny houses shall meet the requirements of Section R310 for emergency escape
and rescue openings.
Exception: Egress roof access windows in lofts used as sleeping rooms shall be deemed to meet
the requirements of Section R310 where installed such that the bottom of the opening is not more
than 44 inches (1118 mm) above the loft floor, provided the egress roof access window complies
with the minimum opening area requirements of Section R310.2.1.
Attachment number 2 \nPage 3 of 4
Item # 7
SECTION AQ106
SMOKE AND CARBON MONOXIDE DETECTORS
AQ106.1 SMOKE AND CARBON MONOXIDE DETECTORS. Smoke and carbon monoxide
detectors shall be installed as required in Sections R314 and R315 and on the ceiling directly
underneath any loft and just below the highest point of any loft.
(Effective January 1, 2020)
End of Amendments.
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Item # 7
Public Service Committee Meeting
10/25/2022 1:00 PM
Location for the Gateway Sculpture at Sand Bar Ferry Road
Department:Greater Augusta Arts Council
Presenter:Brenda Durant
Caption:Motion to approve the location for the Gateway Sculpture at Sand Bar
Ferry Road.
Background:The Greater Augusta Arts Council is the public art agency for Augusta,
Georgia and has been tasked with commissioning three large scale
sculptures to be placed at three gateways to the city. The locations were
determined a few years back, however, due to updated regulations from
the Georgia Department of Transportation (GDOT), the location on Sand
Bar Ferry Road needs to be moved. The Arts Council has identified a
suitable parcel (GIS parcel number 061-0-017-00-0) where the sculpture
can be installed. The parcel is owned by Augusta.
Analysis:
Financial Impact:N/A
Alternatives:1. To move to approve 2. To move to no action
Recommendation:1. To move to approve
Funds are Available in
the Following
Accounts:
N/A
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission Cover Memo
Item # 8
Attachment number 1 \nPage 1 of 1
Item # 8
Public Service Committee Meeting
10/25/2022 1:00 PM
Microtransit/Dynamic-Responsive Software as a Service (SaaS) Transit Technology
Department:Augusta Transit
Presenter:Sharon Dottery
Caption:Motion to approve the purchase of Microtransit/Dynamic-Responsive
Software as a Service (SaaS) scheduling system for Augusta Transit (AT).
Background:Microtransit Software-as-a-Service (SaaS) is a comprehensive technology
system that will allow AT to offer an intuitive and user-friendly
microtransit service that reduces operational and administrative
cost. Riders will be able to book on-demand and prescheduled trips, track
real-time vehicle location and receive automated updates. This is a much-
needed service for the rural area. AT is currently servicing Hephzibah,
Blythe and McBean with the Rural 5311 grant that was designed to
maximize the mobility of Augusta-Richmond County citizens. The service
areas will decrease as GDOT follows the 2020 Census urbanization plan,
specifically in the City of Hephzibah. This will cause a significant
percentage (approximately 73%) of riders to lose their much-needed
transportation since AT has no other service in that area and we want to
prevent this from happening. Microtransit will serve the residents in South
Augusta with affordable public transportation options which in turn will
prove the viability of technology-based mobility, increase network
connections, grow ridership, and complement AT’s fixed route and
paratransit services. Riders will be able to go online to schedule trips
through the web-based software to help AT to deliver coverage to
underserved, disadvantaged and less-dense communities as well as seniors
and persons with disabilities in South Augusta while expanding economic
opportunity.
Analysis:The Transit Department is requesting approval to award the Microtransit
contract to VIA Mobility, LLC for a 12-month period with two possible
renewals. VIA was chosen through an RFP process with two proposers.
provide and maintain a demand responsive software application to allow
AT to deliver a microtransit software solution directly to the public using
dynamically generated routes. The software will be a fully automated
scheduling, dispatching and reservation system for a dynamic demand
responsive microtransit service.
Financial Impact:This purchase will be funded with local and federal grant funds from the
Transit Department’s 2022 Capital Budget. The allocated funding
breakdown is: Funding Source Total Split Federal Local FTA Grant GA-
2021-023-00 $38,950 80/20 $31,160 $7,790
Cover Memo
Item # 9
Alternatives:1). Approve the awarded grant so that the project can be completed. 2). If
you do not approve this grant, AT will lose the money.
Recommendation:Approve the request.
Funds are Available in
the Following
Accounts:
54709-1226-54-24320
REVIEWED AND APPROVED BY:
Procurement.
Information Technology.
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 9
Augusta Transit DEPLOYMENT SERVICE ORDER
By this service order (the “Order”), Via Mobility LLC, a Delaware company with its principal office located at 10 Crosby Street,
Floor 2, New York, New York 10013 (“Via”), and the customer identified below (“Customer”) agree to collaborate towards the
operation by Customer of on-demand transit deployment (the “Deployment”) in Augusta, Georgia, a political subdivision of the State
of Georgia.
Customer Name: Augusta, Georgia
Augusta Transit Department
Customer Entity Type / State of Incorporation: Government/Georgia
Customer Notice Address: 535 Telfair Street, Augusta, GA,
30901
Customer Email: sdottery@augustaga.gov
NWilliams@augustaga.gov
Term: The duration of the Deployment shall last until the last day of the calendar month during which a period of 12 months following
launch expires, subject to extension by mutual agreement of the parties on terms to be agreed (including any increase in monthly fees
for additional months).
Services: Customer will receive access to the standard Via Solution and automatic software updates, comprised of:
(a) Fully localized proprietary routing and matching algorithms that analyze all trip requests, assign riders dynamically to the best-
suited vehicle, and group passengers headed in the same direction into efficient shared rides powered by Via’s patented
technology;
(b) Downloadable iOS and Android rider apps that allow customers to book rides, track vehicles in real time, pay for trips, and
troubleshoot any issues;
(c) Downloadable driver app that provides efficient turn-by-turn directions; the app allows drivers to start and end driving time,
schedule breaks, and contact live support; and
(d) Access to the Via Operations Console (“VOC”), which allows administrators to perform a variety of functions, including
booking trips, checking trip details, adjusting account information, and providing customer support, and accessing reports, as
provided for in Appendix 1;
(e) Access to the data reporting set forth in Appendix 1, made available via the VOC.
Support Services – Installation. Via provides installation support for up to four (4) weeks after the Deployment begins serving Riders
(“Launch”), consisting of:
(a) Localization for the agreed-upon zone, including optimizing the algorithm, configuring back-end, and defining acceptable pick-
up and drop off points;
(b) Testing and quality assurance;
(c) Help Customer to build a launch plan and rider acquisition strategy; and
(d) Instruction for drivers, dispatchers, and managers on Via’s best practices; remote launch support
Via and Customer will work together to refine the exact scope and timeline of the project components which are subject to change upon
mutual agreement of both parties. After the signing of this Order, the project will commence with a planning phase, where both parties
will collaborate to further define the project components described above, and align on a mutual understanding of:
● Customer goals and objectives for the new microtransit service
● The current processes and pain points of the existing demand responsive service.
● The exact scope of the new Via solution; and
● The timeline and change management plan for gradually rolling out the Via system and supporting Customer services.
Attachment number 1 \nPage 1 of 21
Item # 9
Support Services – Ongoing. The following services are included in the fees up to the number of hours per month identified below:
(a) Operational support and system adjustments: Includes algorithm adjustments and changes to virtual bus stops / pickup points at
request of Customer: up to ten (10) hours per month
(b) Expert consulting: up to five ( 5) hours per month
● Marketing and growth: help setting up complex promotions, review and assistance for third party tools that can
integrate into Via’s tech
● Operations: Including supply optimization analysis, payment & fraud investigation, and business case/unit
economics analysis
● Service expansion: Including feasibility analysis for service expansions or additional projects
(c) Tech Support: Dedicated customer success Via point of contact will use commercially reasonable efforts to respond within one
business day for non-critical issues (upon receipt of a detailed description of the issue as requested by Via) and to ensure that
assistance is provided within a reasonable time frame. Via will also provide Customer with an appropriate channel for alerting
Via to system outages or other critical issues, with respect to which Via will provide emergency assistance.
Via will notify Customer if Customer is within 1 hour of exceeding capped hourly limit on Operational Support and System Adjustments
and/or Consulting Services. If requested, hours beyond those set forth above will be charged on an hourly rate, ranging from $165-$225.
Additional Services (detailed in Appendix 2) ☐Web-Based Booking Portal ☐White List Point Consulting ☐Flexible Booking ☐Corporate Account Management dashboards ☐Fixed Route Referral ☐Multi-modal Integration ☐Cross-Agency Integration☐ Third-party trip planner integration ☐Payment
Provider Integration ☐Customer Support ☐Integrated Mobility Services ☐ Consulting
Customer Responsibilities.
(a) General. Customer will operate and manage the Deployment as set forth in the Terms, Customer shall cooperate with Via as
necessary for the purpose of setting up the Deployment and its specifications, including by providing prompt feedback to Via’s
inquiries and providing local insights, in order to meet mutually agreed upon deadlines.
(b) Launch. Within one (1) week of signing this Order, the Parties will mutually agree on the exact geographic zone and a targeted
launch date (“Launch”).Launch date will be no sooner than 12 weeks following the execution of this Order. In the event that the
Launch date is moved at Customer’s request or delayed due to Customer’s inaction, Customer will be charged $500 / month to
accommodate hosting and other direct IT costs.
(c) Zone: Customer and Via will agree [at least one month prior to launch] on the Deployment service zone. Any changes or
expansions to the zone may result in additional fees.
(d) Support Requests. At the start of the project, Via will direct Customer towards the relevant CRM tools to log requests. In
order to trigger a Product Maintenance request, requests for product maintenance must contain detailed information about the
nature of the request. Requests for additional features may be subject to additional fees.
(e) Payment Processing. The fees set forth above do not include any owed to the third party payment processor (Braintree). Via
will facilitate an introduction to its recommended payment processor and Customer is responsible for entering an agreement
with such payment processor in order to be able to process credit card payments.
Attachment number 1 \nPage 2 of 21
Item # 9
Fees.
Customer shall pay Via the following Fees:
Fee Category Amount Invoicing Terms
Installation Fee $4,000 Payable upon signing of this Order
Hardware Purchase,
Installation, and Data
$3,990 (excluding replacement hardware)
● Hardware fees ● $350 per device (including mount, case, and
power)
● $60 installation fee per vehicle
● $265 per device per year for data & ongoing
maintenance
Payable upon signing of this Order,
with any replacement hardware, if
needed, billed as incurred
Minimum Monthly Fees $30,960
● Per-vehicle fees ● $520 per vehicle per calendar month for
vehicles 1-4
● $500 per vehicle per calendar month for
vehicles 5-10
● $450 per vehicle per calendar month for
vehicles 11-15
● Minimum of $2,580 per month (i.e., 5-vehicle
minimum)
Minimum Monthly Fees payable
upon signing of this Order, any
amount in excess of minimum to be
invoiced monthly by Via
Projected 12-Month Total $38,950 minimum (excluding additional vehicles and Fees for any Additional Services)
The Customer shall be responsible for paying its fees at the beginning of the month in which they are incurred based on the monthly
vehicle minimum(s) (the “Minimum Monthly Fee”). The Minimum Monthly Fee will be paid in advance upon signing of the contract.
In the event that the per-vehicle-fees incurred for a given month exceed the Minimum Monthly Fee, Customer shall be responsible for
paying the difference for each such month (“Monthly True-Up”) thereafter within thirty (30) days of the date of such invoice. At the
beginning of the following month, Via will provide Customer with an invoice calculating the per-vehicle fees actually incurred based on
the actual number of active vehicles used during that month, in the form attached hereto as Exhibit A. The Customer hereby agrees that
the sample invoice set forth on Exhibit A is satisfactory to Customer, both in substance and format.
For the avoidance of doubt, (i) the number of vehicles per month for purposes of the above fees shall be the maximum number of distinct
vehicles input by Customer that use the Via Solution on any given day over the course of the applicable calendar month and (ii) in the
event the duration of the Deployment does not exactly match calendar months, monthly fees will be pro-rated for the first and/or last
calendar months of the Deployment, as applicable, so that Customer will only be charged for the portion of such months during which the
Via Solution was available to be used for the Deployment.
Customer shall reimburse all travel expenses of Via personnel for purposes of the Deployment. Installation-related services described
above will initially be performed remotely, and if Via and Customer deems it necessary, in person by Via personnel for a limited period
around launch. Thereafter, services will continue to be performed remotely as applicable, provided that Via personnel can be sent to
Customer’s location for additional trips upon reasonable request. Should Customer and Via deem in-person travel to be necessary, Via
will provide an estimate of expenses prior to travel, the cost of which will not exceed $7,000 without written approval from Customer.
Launch Delay. If the Launch Date is delayed for more than a month by Customer for any reason, Customer shall be responsible
for paying Via for a $1,000 monthly technology fee for the cost of maintaining the technology infrastructure for Customer’s deployment
during the period of delay (the “Technology Fee”). The Technology Fee shall be payable monthly at the beginning of the month in
which it is incurred.
Branding. The Deployment will be branded as AT On-Demand powered by Via. The “powered by Via” banner must be used only in the exact
format provided by Via, and will be prominent on all assets promoting the Deployment, including (but not limited to) printed collateral, digital
materials, websites, and any vehicle wraps. The “powered by Via” banner will have equal prominence on all marketing materials to any additional
partner logos or trademarks. Via may provide pre-approved brand assets and guidelines that must be complied with in all marketing communications
distributed by the Customer.
Supplemental Clauses
This Order shall be governed by the Terms and Conditions set forth in Appendix 3 (the “Terms”) as well as the below Supplemental Clauses. Terms
used herein and not otherwise defined shall have the meaning set forth in the Terms. In case of conflict between the Terms and the Supplemental
Clauses, the Terms shall take precedence.
Attachment number 1 \nPage 3 of 21
Item # 9
FTA Required Clauses. This Order shall comply with all FTA Required Clauses, which have been attached hereto as Exhibit B, and incorporated
herein by reference, subject to the following modifications:
A. Section 6 (Incorporation of Federal Transit Administration (FTA) Terms) – “The contract between Via Mobility LLC and the Augusta Transit
Department does not involve a “Planning, Research, Development, and Demonstration Project” in the context of the incorporation of the FTA Required
Clauses.” is hereby inserted after the final sentence of Section 6.
B. Section 8 (Termination for Convenience or Default) – The first sentence is of Section 8 hereby replaced with: “Augusta, Georgia may terminate this
contract, in whole or in part, after at least 90 days have elapsed after the Launch, upon 90 days’ prior written notice to the contractor when it is in the
Augusta, Georgia’s, as the recipient of FTA grant funds that support the Project, best interests.”
Insurance. Without limiting the Via’s indemnification obligations, Via shall obtain, provide and maintain during the term of this Agreement,
at its own expense, a policy or policies of liability insurance of the type and amounts described below and satisfactory to Customer. Via shall
also require all of its subcontractors to obtain, provide, and maintain insurance which meets the same requirements contained herein.
A. Prior to the commencement of the Services, the Via shall provide evidence satisfactory to Customer that it has secured the following types
and amounts of insurance:
(1) Workers’ compensation insurance covering all employees and principals of Via as required by applicable statute and
Employers Liability insurance, in a minimum amount of $1 million per accident;
(2) Commercial general liability insurance covering third party liability risks, including without limitation, contractual
liability, in a minimum amount of $1 million per occurrence for bodily injury, personal injury, and property
damage. the general aggregate limit shall be twice the occurrence limit;
(3) Commercial auto liability and property insurance covering “any auto” with a minimum limit of $1 million combined
single limit per accident for bodily injury and property damage.
(4) Technology Errors and Omission liability insurance appropriate to Via’s profession. Such insurance shall be in an
amount not less than $850,000 per claim, and shall be endorsed to include contractual liability.
B. The commercial general liability and automobile policies shall contain the following provisions, or Via shall provide endorsements to
add the following provisions to the insurance policies: (1) the Customer, its officials, officers, employees and agents shall be covered as
additional insureds with respect to the Services or operations performed by or on behalf of the Via, including materials, parts or equipment
furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects Customer, its officials, officers,
employees and agents, or if excess, shall stand in an unbroken chain of coverage excess of the Via’s scheduled underlying coverage. Any
insurance or self-insurance maintained by Customer or its officials, officers, employees or agents shall be excess of the Via’s insurance and shall
not be called upon to contribute with it in any way.
C. (1) coverage shall not be canceled or reduced by either party except after thirty (30) days prior notice has been given in writing to
Customer; provided, however, in the case of non-payment of premium, ten (10) days notice will be provided; (2) any failure to comply with
reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to Customer, its officials,
officers, employees and agents.
D. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not
contain any special limitations on the scope of protection afforded to Customer, its officials, officers, employees and agents.
E. All Insurance is to be placed with insurers with a current A.M. Best’s rating no less than B+:VIII, licensed to do business in Georgia .
F. Via shall furnish Customer with original certificates of insurance and endorsements effecting coverage required by this Order . The
certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf,
and shall be on forms provided by Customer if requested. All certificates and endorsements must be received and approved by Customer before
work commences. .
G. Via shall include subcontract ors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for
each subcontract or. It is understood that additional insureds are not possible on Via’s errors and omissions professional liability policy. All
coverage for each subcontrac tor shall be subject to the requirements stated herein.
Indemnification/Hold Harmless. Via shall defend, indemnify and hold harmless the Customer and its officers, directors, members, managers,
employees, agents, successors and permitted assigns (“Indemnified Parties”) from and against all third-party claims, losses, damages, liabilities,
Attachment number 1 \nPage 4 of 21
Item # 9
deficiencies, actions, judgments, interest, awards, penalties, fines, costs or expenses of whatever kind, including reasonable attorneys’ fees and
the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers arising out of or resulting from any
third-party claim, suit, action or proceeding arising out of or resulting from (a) the willful, fraudulent or grossly negligent acts or omissions of Via, or
(b) a claim that Via infringes any Intellectual Property Right of a third party. Via’s indemnification obligations under this Section shall apply
whether the Indemnified Matters are due in part to the concurrent fault or negligence of the Indemnified Parties or others, but shall not extend to such
concurrent fault or negligence. Via’s defense obligations under this Section shall be with attorneys approved by Customer, which approval shall not
be unreasonably withheld.
Force Majeure. Neither Party will be liable for delays in performing its obligations under this Order to the extent that the delay is caused by
Force Majeure; provided, however, that within ten (10) business days of the Force Majeure event, the Party whose performance is delayed provides
the other Party with written notice explaining the cause and extent thereof, as well as a request for a reasonable time extension equal to the estimated
duration of the Force Majeure event. Force Majeure events shall include, but shall not be limited to: fire, riot, strike, lockout, war, civil commotion,
accident, breakdown of plant or machinery, flood, labor unrest, acts of God, declared epidemics/pandemics, omissions or acts of public authorities,
changes in law, regulations or policies of the Government. If the Parties determine that the force majeure event has persisted for such a length of
time that remaining in this Order has become detrimental to the Parties, the Parties may mutually agree to terminate this Order .
Georgia Open Records Act. Via acknowledges that this Order and certain documentation that the Customer may receive may be subject to
the Georgia Open Records Act (OCGA §50-18-70, et seq.) (hereinafter the “Act”). Via shall cooperate in a commercially reasonable manner in
responding to such requests and shall make relevant non-exempt records that may be in its possession as defined in, and which are subject to the Act,
available for inspection and copying as required under the Act. Confidential and Proprietary documentation and/or information that the Licensee
may receive from the Vendor shall be marked as such and shall be subject to the relevant exclusions pursuant to the Act.
Governing Law and Venue. The validity and interpretation of this Order and each clause and part thereof shall be governed by the law of the
State of Georgia without reference to principles of conflict of laws. Any legal suit, action or proceeding arising out of or related to this Order or
the matters contemplated hereunder shall be instituted exclusively in the federal or state courts located in Richmond County, Georgia. Each Party
irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding and waives any objection based on improper
venue or forum non conveniens. This section shall survive the termination of this Order .
Attorneys’ fees. Should either Party employ an attorney or attorneys to enforce any of the terms and conditions hereof, each Party shall be
responsible for its own attorneys’ fees, costs, and expenses incurred.
Legislative Approval. This Order may only be modified by a written amendment signed by an authorized representative of each Party. Via
acknowledges that this Order and any changes to it by amendment, modification, change order or other similar document may have required or
may require the legislative authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law, Via is deemed to possess
knowledge concerning Customer's ability to assume contractual obligations and the consequences of Via’s provision of goods or services to
Customer under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that Via may
be precluded from recovering payment for such unauthorized goods or services. Accordingly, Via agrees that if it provides goods or services to
Customer under a contract that has not received proper legislative authorization or if Via provides goods or services to Customer in excess of the any
contractually authorized goods or services, as required by Customer's Charter and Code, Customer may withhold payment for any unauthorized
goods or services provided by Via. Service Provider assumes all risk of non-payment for the provision of any unauthorized goods or services to
Customer, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Customer, however
characterized, including, without limitation, all remedies at law or equity." This acknowledgement shall be a mandatory provision in all Customer
contracts for goods and services, except revenue producing contracts. .Notwithstanding the forgoing, Customer shall provide Via a certified copy of
the legislative authorization from the Board of Commissioners for this Order , and any amendment, change order, modification, addition of
deliverables, or similar document. Customer further acknowledges that Via shall not commence any work that is contained in any this Order , or
any amendment, change order, modification, addition of deliverables, or similar document, until it has received said certified copy of the legislative
authorization, and that Via shall not be liable under this Order , or under law or equity, for any delays which are due to its not timely receiving
said legislative authorization.
Assignments. Neither Party may assign any of its rights or duties under this Order without the prior written consent of the other Party, such
consent not to be unreasonably withheld, except that either Party may assign to an affiliate of such Party or to successor entity in the event of its
dissolution, acquisition, sale of substantially all of its assets, merger or other change in legal status.
Successors and Assigns. This Order shall inure to the benefit of and be binding upon the respective successors and permitted assigns of the
Parties.
Independent Contractor. The relationship of Via to Customer is that of independent contractor and not that of partner, member, joint venturer,
employee or agent. Nothing contained in this Order shall be construed as creating any agency, partnership, joint venture or other form of joint
enterprise, employment or fiduciary relationship between the Parties. This Order shall not be construed to make either Party the agent or legal
representative of the other Party for any purpose whatsoever, and neither Party is granted any right or authority to assume or create any obligations
for, on behalf of, or in the name of the other Party. Each Party agrees that it will neither represent, nor allow itself to be held out as an agent of, or
partner or joint venturer with the other Party.
Attachment number 1 \nPage 5 of 21
Item # 9
Prohibition against Contingent Fees. Via warrants that no person or selling agency has been employed or retained to solicit or secure this Order
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 Via for the purpose of securing business and that Via has not received any non-Client fee
related to this Order without the prior written consent of Customer. For breach or violation of this warranty, Customer shall have the right to
terminate this Order pursuant to this Section or at its discretion to deduct from the Order , the full amount of such commission, percentage,
brokerage or contingent fee.
Notices. All notices, requests, demands, claims, and other communications hereunder shall be in writing. Any notice, request, demand, claim, or
other communication hereunder shall be deemed duly given when (i) if delivered personally, upon delivered personally to the recipient. Any Party
may change the address to which notices, requests, demands, claims, and other communications hereunder are to be delivered by giving the other
Parties notice in the manner herein set forth.
Waiver. No waiver of any default shall constitute a waiver of any other breach or default, whether of the same or any other covenant or condition.
No waiver, benefit, privilege or service voluntarily given or performed by other parties shall give the other any contractual right by custom, estoppel,
or otherwise.
Contract Documents. The following documents are hereby incorporated into this Order by reference: RFP #21-245, Via’s Response to RFP #21-
245, and this Order , including attachments and exhibits. In case of a conflict between the documents, the order of precedence shall be this Order,
then Via’s Response to RFP #21-245, then he RFP #21-245 .
Severability. If any portion of this Order is declared by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions
of this Order shall continue in full force and effect.
Entire Agreement. This Order contains all the terms and conditions agreed on by the Parties hereto with regard to the matters dealt with herein,
and no understandings or agreements, verbal or otherwise, exist between the Parties except as herein expressly set out.
VIA MOBILITY LLC
___________________________________________
Authorized Signature
___________________________________________
Name
___________________________________________
Title
___________________________________________
Date
CUSTOMER [________________]
___________________________________________
Authorized Signature
___________________________________________
Name
___________________________________________
Title
___________________________________________
Date
Attachment number 1 \nPage 6 of 21
Item # 9
Appendix 1 to Service Order
VOC use and Data Sharing
Authorized Users
The below exhibit sets forth the members of the Customer’s “Core Team” of personnel who are designated authorized users of the VOC including
access to the data detailed below (the “Core Team”). Access to the VOC is conditional upon Customer notifying Via, reasonable time in advance, of
the name, title, email address and any other details Via may reasonably require of the members of the Customer Core Team.
Customer Core Team will be granted suitable permissions to allow them to manage and authorise access of additional Customer personnel as
secondary users (“Secondary Users”) to the VOC. All Core Team and Secondary Users will be subject to Customer’s confidentiality and non-
disclosure obligations, as described in the Terms. For the avoidance of any doubt, Customers’s Core Team responsibility includes granting
permissions to Secondary Users only to the extent such permission is needed for the Customer’s operation of the Deployment and in compliance with
applicable privacy legislation, and removing any Secondary User access once it is no longer needed. Via retains the right to deny or revoke any Core
Team or Secondary User access if Via suspects that such access may be causing or have caused a breach of the Terms, or any user guidance Via
issues from time to time.
Authorized Operators
Customer may not provide access to the Via Solution to any third party except with Via’s prior written consent. In the event that Customer wishes to
engage a third-party operator (“Operator”) to operate the Deployment, Customer shall provide Via a copy of an Operator Acknowledgement Form
in the form required by Via, duly executed by such Operator, as a prerequisite for Via’s allowing the Operator access to the Via Solution. For the
avoidance of doubt, no Operator will be allowed access to the Via Solution without having signed the aforementioned Operator Acknowledgement
Form. Customer Core Team will be responsible for grant of VOC permissions to the Operator’s team, which will be considered Secondary Users for
all purposes. As between Customer and Via, Customer shall remain responsible for acts and omissions of any Operator as it relates to Operator's
access to the Via Solution.
Data Sharing Plan
As part of the Deployment, and as detailed below, Via will make access to data available to members of the Customer’s Core Team, and any above-
authorized Customer’s Secondary User(s) and/or Operator(s), for the purpose of research and program evaluation for the duration of the Term. The
data will be accessible in the VOC, and may not be shared through any other method unless otherwise authorised in writing by Via. Any and all data
made available under this Order are trade secrets of Via, and subject to the confidentiality and other protective provisions set forth in the Terms at all
times. Customer may not share any such data with anyone not authorised in accordance with this Appendix 1.
To protect Via’s intellectual property and the privacy of riders, Via will provide the following data tables and dashboards in the form of aggregated
reports and data tables to Customer through VOC:
● Service KPI Dashboards: Visualized dashboards and graphs of Key Performance Indicators. These dashboards provide a high level view of
the overall service performance across a number of metrics and periods of time. Dashboards are available for download as .jpeg files or in
raw form as excel spreadsheets.
● Data Generator: Set of tables with granular raw data about the service that are available for download as excel or csv spreadsheets.
The reports will be refreshed daily. The reports are aggregated and any information about individual riders is de-identified. Additional off-the-shelf
reporting may be made available to Customer upon request at Via’s discretion. Custom reports will need to be scoped and may come at additional
cost.
Attachment number 1 \nPage 7 of 21
Item # 9
SERVICE KPI DASHBOARD
Dashboard Report Metrics
Service Operations
Metrics & Graphs
● Total ride requests
● Requests during service hours
● Met Demand
● Met Demand Rate
● Completed rides
● Completed Rides Rate
● Detailed Ride Requests Status
● Active Riders
● Driver Hours
● Utilization
Rider Experience
Metrics & Graphs
● Average Ride Duration
● Average Ride Rating
● Average Pickup Walking Distance (corner-to-corner services only)
● Aggregation Rate
● Average ETA
● Dropoff Time Requested vs. Scheduled*
● Dropoff Time Scheduled vs. Actual*
● Pickup Time Requested vs. Scheduled*
● Pickup Time Scheduled vs. Actual*
*Pre-booked rides only
Rider Growth
Metrics & Graphs
● Accounts Created
● Active Riders
● Total Riders Who Requested a Ride
● Total Riders Who Completed a Ride
● Completed Rides Per Rider
Ride Rating
Metrics and Graphs
● Avg. Ride Rating
● Total Bookings with Ratings
● Percent Bookings with Ratings
● Total Five Star Ratings
● Percent Five Star Ratings
● Label per Rating
● Rating Distribution
Advanced
Prebooking Metrics
& Graphs (prebooking
only)
● Request Source
● Recurring Type
● Hours Booked in Advance
● Hours Canceled in Advance
Attachment number 1 \nPage 8 of 21
Item # 9
DATA GENERATOR
Table Data Columns
Ride Request Table
● Request Creation Date & Time
● Request ID
● Request Status
● Rider ID
● Wheelchair Accessible
● Booking Method
● Number of Passengers
● Booking type (PB+OD only)
● Origin Address
● Origin Lat + Long
● Destination Address
● Destination Lat + Long
● Actual Pickup Time
● Cancelation Time
● No Show Time
● Ride Price
● Ride Distance
● Ride Duration (min)
● Ride Rating
Rider Activities
Table ● Rider ID
● Account Creation Date
● Total Requests
● Total Completed Rides
● Total Cancellations
● Total No Shows
Drivers Table
● Drive ID
● Driver Name
● Driver Email
● Active Status
● Total Shift Hours
● Avg. Shift Hours Per Day
● Avg. Shift Hours From First Assignment Per Day
● Avg. Break Hours Per Day
● Total Accepted Rides
● Avg. Rating From Riders
Attachment number 1 \nPage 9 of 21
Item # 9
Vehicles Table
● Vehicle ID
● Active Status
● Visual ID
● Short Visual Identifier
● Maker
● Color
● Vehicle Capacity
● Max Capacity
● Wheelchair Capacity
NTD S-10 Report
Available upon
request for required
reporting to the FTA.
(United States only)
● Service Date
● Day of the Week
● Vehicles Operated in Maximum Service (VOMS)
● Actual Vehicle Hours
● Actual Vehicle Miles
● Vehicle Revenue Hours
● Vehicle Revenue Miles
● Unlinked Passenger Trips
● Passenger Miles Traveled
Appendix 2: Optional Add-On Features
The below includes a non-exhaustive list of possible added features, which, if selected may be described in more detail in an SOW
hereunder.
Feature Description
Web-Based Booking
Portal
Portal accessible through the web that allows riders to book rides
without a smart phone (or without the application).
White List Point
Consulting
In the standard offerings, users can configure ‘white list points’, or
acceptable pick-up locations. Via can perform this configuration,
including ongoing updates, on behalf of Customer for an additional fee.
Flexible Booking Allow riders to pre-book rides rather than only on-demand. The system
can also accommodate pre-booking and on-demand in a single service
(e.g., offering different booking options in different zones or during
different time periods).
Corporate Account
Management
Dashboards
Access to powerful “Via for Business” functionality that allows
companies to book rides or subsidize certain types of rides for, e.g.,
employees / students / residents / customers.
Fixed Route Referral* 1 System configurations that direct riders to used fixed route
transportation (e.g. buses) where such transportation offers the most
efficient mode for a requested ride, which helps preserves on-demand
system capacity.
1* Data feeds must be provided in acceptable formats, including GTFS offline or GTFS RT, SIRI SM for realtime data. Via can provide assistance formatting the data
appropriately if needed.
Attachment number 1 \nPage 10 of 21
Item # 9
Multimodal
Integrations*
Options for expanded integration with fixed route transportation. Can
include: (1) displaying timetables, route maps, and real-time location of
fixed-route within the app or; (2) allowing riders to plan and book multi-
leg journeys, with an on-demand proposal generated to match arrival
time of fixed-route leg;
Cross Agency
Integration*
Multimodal integrations that incorporate services from neighboring
jurisdictions and regional / national carriers to deliver regional
multimodal trip planning and booking experience.
Third Party Trip
Planner Integration
Integration via API with third party trip planners
Payment Provider
Integration
Integration with third party payment providers of Customer’s request
(e.g. accepting fare payment used for public transit)
Integrated Mobility
Services (IMS)
Integrate multiple demand response modes under a single platform (e.g.,
microtransit, paratransit, NEMT)
Customer Support Provide live agent support for issues riders may be having using the
service, ranging from technical support to full-scale customer service
support
Consulting On-demand and multimodal service planning, network optimization,
equity analysis, and other mobility consulting and planning services.
Exhibit A
Sample Invoice
Attachment number 1 \nPage 11 of 21
Item # 9
CONFIDENTIAL
[VIA ENTITY NAME]
Via Transportation, Inc. 10
Crosby Street, Floor 2
New York NY 10013 United
States
Bill To
[Partner]
[Address]
Invoice
Date
Invoice #
Terms Net 15
Due Date
PO #
Billing Period
Attachment number 1 \nPage 12 of 21
Item # 9
Description Rate Quantity Amount
Total Vehicles
Total
Please make checks payable to:
[__]
P.O. Box 7410493 Chicago, IL
60674-0493
Wire Instructions:
Bank of America, N.A.
222 Broadway, New York, NY 10038 Wire
Routing # - 026009593
ACH Routing # - 021000322 Account # -
483065995955
Swift Code - BOFAUS3N
Attachment number 1 \nPage 13 of 21
Item # 9
Appendix 3: Terms and Conditions
This Via Solution Terms of Service (the “Agreement”) is entered into between Via Mobility LLC or the applicable affiliate of Via identified in a
Service Order entered into by the parties (“Via”) and the entity or person placing an order ( “Customer”) for accessing Via’s proprietary
technology platform and certain related systems and methods used to establish, monitor, operate and/or manage on-demand transit networks
(the “Via Solution”) and accompanying technical and operational support services and regular updates (together with access to the Via Solution,
the “Services”).
The “Effective Date” of this Agreement is the date which is the earlier of (a) Customer’s initial access to the Services or (b)the effective date of
any Order.
1. Agreement
This Agreement consists of the terms and conditions set forth below and any Via ordering documents, purchase orders, order descriptions or
other order confirmations (“Orders”) If you are accessing or using the Services on behalf of your company, you represent that you are
authorized to accept this agreement on behalf of your company and all references to “Customer” reference your company.
2. Definitions
a. “Applicable Law” means (i) any statute, statutory instrument or any other legislative instrument having the force of law; and (ii) any
applicable judgment of a relevant court of law which is a binding precedent, in each case in force at any time during the Term.
b. “Affiliate” means, with respect to any specified entity, any entity that directly or indirectly, through one or more intermediaries, controls, is
controlled by, or is under common control with, the entity specified.
c. “Confidential Information” means information, data or materials in either tangible or intangible form that are trade secrets of, or proprietary
and confidential to the Disclosing Party or its clients or business partners, including as may be so designated by statute, regulation or common
law including by the form of the Uniform Trade Secrets Act and privacy laws adopted under applicable law, or which are marked as
“Confidential” or which, by their nature and the context of their disclosure, should reasonably be known to be confidential.
d. “Customer Data” means all data that is input by or on behalf of Customer and/or Client into the Via Solutions. Portions of the Customer Data
may include personally identifiable information. For avoidance doubt, Customer Data excludes the Via Solution itself and Via’s related
intellectual property rights and Confidential Information and all derivative works and improvements to each of them. Customer Data also
excludes de-identified, anonymized and/or aggregated data generated from the use of the Via Solution or created by Via.
e. “Transportation Laws” means any applicable law to which operators and owners of vehicles, employer of vehicle operators, and
transportation service providers are required to adhere.
3. The Via Solution
a. Description. The Via Solution is comprised of the driver and rider software applications (each, an “Application”) and certain system
management tools and may also include certain additional software, data, data feeds, or other content owned by and licensed from third parties
(the “Third Party Content”). While all the Applications are cloud-based, certain of them are deployed via download to handheld mobile
devices used by Riders or drivers, while others are installed on devices field-deployed by Customer to personnel and vehicles (all three types of
such devices collectively, the “Devices”).
b. Use Rights. Subject to the terms and conditions herein, Via will provide the Services, as defined herein. The Services will include all related
services, functions or responsibilities not specifically described in this Agreement, but that are required or reasonably necessary for the proper
performance of the Via Solution in connection with the transportation services Customer provides (the “Customer Transportation Service”), for
the benefit of prospective and actual clients (collectively, “Clients”), using vehicles, equipment and services (including telecommunications
and/or dispatch equipment and services), personnel, routes and other infrastructure it owns or otherwise controls (the “Customer
Infrastructure”). Via will grant Customer subscription, access, and use rights (“Use Rights”) for the specific Applications and deployment types
identified in each applicable Order. The Order will further contain terms specifying whether Customer may co-brand the manner in which the
Application is displayed on Devices.
c. Third Party Content. Certain Third Party Content may already be integrated with the Applications and delivered as part of the overall Via
Solution. Where this is the case, Via has been authorized to resell, distribute, or otherwise provide its customers with such integrated Third
Party Content. If additional Third Party Content is optionally available for the Via Solution, such as certain information technology solutions
Attachment number 1 \nPage 14 of 21
Item # 9
or management tools and software, Via will identify it for Customer and Customer will be responsible for obtaining and paying for Customer’s
own rights from the applicable third party licensor.
d. Suspension Rights. Via may suspend Customer’s or any end user’s right to access or use the Via Solution if: (i) Via determines, in its
reasonable discretion, that an end user of the Customer Transportation Service: (x) poses a systemic security risk to or may materially harm the
Via Solution, Services, or any third party; or (y) may materially adversely impact the services, systems, or content of any other Via customer;
(ii) Via’s rights with respect to any Third Party Content necessary for the operation of the Service are terminated or suspended for any reason;
or (iii) Via is otherwise required by applicable law or regulation to do so. In the event of a suspension, Via will, where not prohibited by
Applicable Law and reasonable under the circumstances, provide Customer with prior written notice of the reason for any such suspension of
the Services and an opportunity to take steps to avoid any such suspension. Via will only suspend access to the minimum necessary portion of
the affected Services for as long as reasonably necessary to address the issues giving rise to the suspension. If Via’s rights to any Third Party
Content necessary for the operation of the Service are suspended or terminated under Section 3(d)(ii), then Via will use commercially
reasonable efforts to replace such Third Party Content with reasonably equivalent content in order to restore the Service as quickly as possible.
4. Intellectual Property Rights
a. The Via Solution. As between Customer and Via hereunder, all intellectual property rights of any type in and to the Via Solution and all of
their derivative works and improvements are owned by, and are proprietary to Via. Except for the Use Rights granted herein (a) no right, title
or interest in or to the Via Solution or any portion thereof is or shall be granted or transferred to Customer under this Agreement, whether by
license or otherwise; and (b) Customer acknowledges and agrees that it shall have no right to use, reproduce, distribute, sublicense, modify or
otherwise provide to third parties, the Via Solution, in whole or in part, except as explicitly granted herein. The Customer shall not directly or
indirectly disassemble, decrypt, scan, decompile or otherwise reverse engineer in any manner any components or elements of the Via Solution
or assist a third-party to do so. In the event that Via provides Customer with any hard-copy or electronic copies of materials containing Via’s
Confidential Information, including information pertaining to the Via Solution and its operation, and Customer retains copies of such materials
in accordance with its general procurement rules following the termination of this Agreement, Customer acknowledges that all intellectual
property rights relating to the Via Solution and all of their derivative works and improvements remain the sole property of Via.
b. Customer Data. As between Customer and Via, all intellectual property rights in and to Customer Data are co-owned by Customer and Via.
For the avoidance of doubt, Via may, and is hereby granted the right to, access, modify, and use the Customer Data, including for purposes of
performing Via’s obligations under this Agreement and/or to improve its product and services offerings, including the Services. To the extent
Customer Data includes Client information which is or may be deemed to be personally identifiable information or otherwise subject to special
privacy or security protection at law or by regulation, as between Customer and Via hereunder, Customer is solely responsible for obtaining
Clients’ consent to the collection and use of such information, including its onward transfer, in the manner required for Via and its agents to
perform hereunder. Customer shall be solely responsible for displaying a privacy policy to Clients and ensuring it contains terms that are both
compliant with applicable law, and sufficient to permit Via and its agents to lawfully perform hereunder. Customer may not use Customer Data
or any other data generated from the Service to reverse engineer the Via Solution or Via’s algorithms or share such data with Via’s competitors,
in violation of its confidentiality obligations under Section 7.
c. Rights to Marks. As between the parties hereunder, each party is and shall continue to be the exclusive owner of all intellectual property
rights in and to their respective any word, name, symbol, logo, font, or device or any combination thereof, used to identify and distinguish
goods or services from such party’s source, including trademarks (both registered and unregistered), domain names and trade dress
(collectively, “Marks”) To the extent the parties have agreed that one party requires the use of the other party’s Marks in connection with
performance under an Order, including for the development of a co-branded version of an Application interface, such Order shall be deemed
to contain a grant of license to such party’s Marks sufficient to allow full performance under such Order. In addition, Via shall have the right
to use Customer’s Marks in accordance with Section 15. In the event that Customer uses Via’s Marks in a way that causes material reputational
harm to Via’s brand, Via reserves the right to withdraw Customer’s use of the Via Marks from the Customer Transportation Service.
d. Independent Activities. The Customer acknowledges that Via is in the business of performing services similar to the Services for third
parties and operating an on-demand transit service as its core business and that, subject to its confidentiality obligations hereunder, nothing
herein prevents Via from continuing to engage in the performance of such services and related independent activities.
e. Further Assurances. To the extent any intellectual property rights in or to the Via Solution vest in Customer, Customer hereby assigns to
Via all such intellectual property rights and shall, at Via’s cost and expense, execute, acknowledge and deliver to Via such documents and shall
take such actions as may reasonably be requested by Via to effect such assignment. To the extent any intellectual property rights in or to the
Customer Data vests solely in Via, Via hereby assigns to Customer a right of co-ownership in and to all such Customer Data and shall, at
Customer’s cost and expense, execute, acknowledge and deliver to Customer such documents and shall take such actions as may reasonably be
requested by Customer to effect such assignment. Customer and each of Customer’s personnel hereby waives, and agrees not to assert, moral
rights including the right of attribution and authorship or limitation on subsequent modification, that they may have in the Via Solution or
Services or any derivative works and improvement thereto.
Attachment number 1 \nPage 15 of 21
Item # 9
5. Fees.
a. The fees for Use Rights and/or Services purchased (the “Fees”) together with the schedule of payments and any additional payment
information are listed in each applicable Order. Unless otherwise stated in the Order, all Fees will be payable by Customer within thirty (30)
days of receipt of invoice. Customer’s obligation to pay under any one Order is not contingent on Customer entering into, or Via performing
under, any other Order now or in the future. Fees do not include applicable taxes (including sales, use, value-added, or excise taxes) or
government charges all of which are payable by Customer (excluding taxes on Via’s income), nor do they include expenses Via may incur for
Customer’s direct benefit, which will be incurred in accordance with Customer’s applicable expense-reimbursement policies, if so requested.
Sales or value-added taxes or similar governmental charges associated with the provision of any Use Rights and/or Services (excluding taxes on
Via’s income) will be separately stated on the relevant invoice and shall be paid by Customer in accordance with this Section 4. If Via does not
receive timely payment, Via may charge the maximum monthly interest allowed by law or one percent, whichever is greater, suspend Via’s
performance and seek cost of collection, including reasonable attorneys’ fees. If Customer disputes invoiced amounts, Customer must submit
disputes to Via in writing within ten (10) business days of the date the invoice originally was due, otherwise it will be final and non-refundable
6. Term; Termination.
a. Term. This Agreement is in effect for the time period set forth in the Order, unless earlier terminated as set forth herein (the “Term”).
b. Termination. If an obligation under this Agreement or an Order is materially breached, the non-breaching party may provide written notice
specifying the nature of the breach and the breaching party will have thirty (30) days from receipt of notice to cure. If not so cured, the non-
breaching party may terminate the applicable Order or Orders affected by the breach by providing a second written notice of immediate
termination. In addition, all Orders, including all Use Rights and/or Services under them, shall terminate automatically and immediately upon
either party’s insolvency or any attempt by either party to obtain protection from creditors or wind down operations, unless otherwise agreed
by the opposing party in a written notice. If an Order is terminated by either party or expires pursuant to its terms, then Customer must pay
any outstanding amounts due to Via, and all copies and embodiments of Via’s Confidential Information (including the Applications) must be
returned. Unless an Agreement is terminated by Customer under this Section 6 as a result of Via’s uncured material breach, no expiration or
termination of this Agreement will affect Customer’s obligation to pay for Via’s non-cancelable obligations to third parties on behalf of or
benefitting Customer, including fees in respect of Third Party Content, all of which will remain due and payable by Customer in accordance
with the terms of the applicable Order. The notification by either party of its intent to terminate this Agreement and/or any Orders does not
relieve either party of any obligations that have accrued on or before the date on which termination becomes effective.
7. Confidentiality.
a. Non-Disclosure Obligations. Confidential Information may be provided or disclosed by one party (the “Disclosing Party”) orally, in writing
or in graphical, machine-readable or other form to the other party (the “Receiving Party”). The Receiving Party shall hold the Confidential
Information in confidence and shall not make any use or disclosure of the Confidential Information to any individual or entity during the Term
and thereafter without the express written consent of the Disclosing Party in each instance, except to the extent that those of the Receiving
Party’s employees, service providers, legal and financial advisors, and individual independent contractors who are bound to substantially
similar obligations of confidentiality as set forth herein and have a need to know the Confidential Information so disclosed. The Receiving
Party shall handle all Confidential Information received with the same degree of care as it uses to maintain the confidentiality of its own
confidential information, which shall in no event be less than reasonable care. As between the parties, all Confidential Information shall
remain the sole and exclusive property of the Disclosing Party and other than the licenses expressly granted in this Agreement or another
agreement between the parties, no disclosure or permitted use of the Confidential Information under this Agreement shall be construed as the
grant of any right, title or interest, by license or otherwise, in or to the Confidential Information. The remedy at law for breach or threatened
breach of this Section 7(a) shall be inadequate, and in addition to any other remedy available, the non-breaching party shall be entitled to seek
injunctive relief. In the event that Customer receives a request for Via’s Confidential Information, including this Agreement and the terms and
conditions contained herein, under the Freedom of Information Act (“FOIA”) or its state or local analogs, Customer agrees to provide Via
timely notice of such a request and to assist Via in seeking to protect its Confidential Information under any applicable exemption for trade
secrets, to the extent possible under Applicable Law.
b. Exclusions. The Receiving Party shall have no obligation under Section 7(a) with respect to any Confidential Information disclosed to it
which: (i) the Receiving Party can demonstrate was already known to it at the time of its receipt hereunder; (ii) is or becomes generally
available to the public other than by means of breach of these Terms and Conditions or any other agreement any party may have with the
Disclosing Party; (iii) is independently obtained from a third party (other than any authorized recipient) whose disclosure to the Receiving
Party does not violate a duty of confidentiality and does not require further restrictions on such disclosure; or (iv) is independently developed
by or on behalf of the Receiving Party without use of, reference to or reliance on any Confidential Information of the Disclosing Party, and
such independent development can be reasonably evidenced by the Receiving Party. In addition, the Receiving Party may make disclosure of
Confidential Information in a judicial, legislative, or administrative investigation or proceeding or to a government or other regulatory agency;
Attachment number 1 \nPage 16 of 21
Item # 9
provided that, to the extent permitted by, and practicable under, the circumstances, the Receiving Party shall provide to Disclosing Party prior
written notice of the intended disclosure to enable the Disclosing Party the reasonable opportunity to contest or limit such disclosure or, if
prior written notice is not permitted or practicable under the circumstances, prompt notice of such disclosure.
8. Data Security.
a. Data Security. The Via security program (the “Security Program”) includes Via’s use of: (a) industry-standard password protections, firewalls,
and anti-spyware and malware protections to protect Customer Data; (b) access controls that restrict access to Customer Data on a “need-to
know/access” basis; and (c) encryption, using industry-standard encryption tools when Customer Data is in transit over Via’s own networks.
Via shall (a) not delete or remove any proprietary notices or other notices contained within or relating to Customer Data, (b) not alter, store,
copy, disclose or use Customer Data, except as necessary for the provision by Via of the Services under this Agreement or as otherwise
expressly authorised by this Agreement, (c) preserve, so far as possible, the integrity of Customer Data and prevent any loss, disclosure, theft,
manipulation or interception of Customer Data, (d) make secure back-up copies of Customer Data on such regular basis as is reasonable for the
particular data concerned as instructed by Customer, and (e) promptly notify Customer if any of Customer Data is lost, becomes corrupted, is
damaged or is deleted accidentally. To the extent Customer Data contains personally identifiable information, Via will comply with its
obligations under applicable privacy laws. Via delivers the Services from an industry leading platform provided by Amazon Web Services, Inc.,
or “AWS.” Via will consider using AWS servers in Customer’s jurisdiction or a similar jurisdiction, if possible and if necessary or desirable for
purposes of complying with applicable laws. AWS is responsible for protecting its own infrastructure from which the Via Solution is made
available. As such, Via’s Security Program applies only to the Applications themselves and those specific portions of the Services delivered from
non-AWS facilities and infrastructure Via owns or controls. AWS does not permit Via, or any of its direct or down-stream customers, to visit
the AWS data centers or offices but does provide several reports from third-party auditors who have verified their compliance with a variety of
computer security standards and regulations all as detailed on the AWS compliance page located at https://aws.amazon.com/compliance/. Via
passes through the benefits of AWS’s security and compliance. Consequently, wherever an Order references facilities, equipment, or software
that are the obligation of Via, those references relate only to Via’s own facilities, equipment, and software, not those provided by AWS.
b. Specific Customer Obligations. Customer acknowledges that the back-end tools and data reporting platforms that are included within the
Services include trade secrets and other Confidential Information of Via. Customer shall cause all individuals who receive log-in credentials
from Via to such tools and platforms to keep such credentials confidential and not to share them with anyone else within Customer’s
organization. Customer shall put in place information barriers and firewalls to ensure that, pursuant to its obligations under Section 7, Via’s
Confidential Information is not shared with any employees other than those who have a need to know such information, or with any Affiliates
of Customers, or with any competitors of Via.
9. Indemnification and Related Obligations.
a. Via will indemnify, defend and hold Customer harmless from amounts Customer owes to third parties as the result of either a ruling by a
court of competent jurisdiction or a reasonable settlement entered into by Via that holds that the Via Solution provided to Customer under an
Order or any component part thereof infringes or violates a third party’s intellectual property rights, other than in respect of patent
infringements asserted by non-practicing entities or their affiliates. If the Applications are found to be infringing, or if at any time Via
reasonably believes that the Via Solution may be subject to a claim of infringement, then Via may choose to: (a) modify the applicable portions
of the Via Solution to be non-infringing; (b) obtain a license for Customer to continue using the infringing portions of the Via Solution; or (c) if
neither of the foregoing is commercially practicable, terminate the applicable Order including any Use Rights and refund a pro-rata portion of
any pre-paid fees Customer paid for the Via Solution. Via’s indemnity obligations shall not apply to: (i) Customer’s use of the Via Solution
outside the scope of the Use Rights and/or their documentation; (ii) infringement arising from Customer Data and all Third Party Content
directly licensed by Customer or any other materials not provided by Via; (iii) any infringement not reported by Customer in accordance with
this Agreement (but only to the extent Via is actually prejudiced by Customer’s delay or failure to report); or (iv) any modifications to the Via
Solution made by any party (other than Via or Via’s subcontractors or by Customer acting at Via’s express direction). This Section 7 sets forth
Customer’s only remedy and Via’s only liability with respect to infringement or other violations of intellectual property rights.
b. The Customer will indemnify, defend and hold Via harmless from all losses, damages, liabilities, deficiencies, claims, actions, judgments,
settlements, interest, awards, penalties, fines, costs or expenses of whatever kind, including reasonable attorneys’ fees and the cost of enforcing
any right to indemnification hereunder and the cost of pursuing any insurance providers (“Losses”) arising out of or relating to any third party
claim regarding Customer’s use of the Via Solution, other than third-party claims regarding alleged infringement by the Via Solution of such
third party’s intellectual property rights. The Customer’s indemnity obligations shall not apply to claims resulting from Via’s gross negligence
or willful misconduct.
10. Warranties; Limitation of Liability; Insurance
a. Warranties. Via warrants that: (i) from the Effective Date until the expiry or termination of this Agreement, the Services will comply in all
material respects with this Agreement and with the relevant Order; (b) the Services will be carried out in a competent and professional
Attachment number 1 \nPage 17 of 21
Item # 9
manner; (c) it has, and shall continue to have, all rights, consents and authorisations necessary to enable it to perform the Services in
accordance with the provisions of this Agreement; (d) it has not included or used any open-source software in the Via Solution which would
prevent the Customer from exercising the Use Rights over the Via Solution as contemplated by this Agreement or in any Order; (e) the Via
Solution is free from any thing or device (including any software, code, file or programme) which may prevent, impair or otherwise adversely
affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other
service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of
any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect
the user experience, including worms, trojan horses, viruses and other similar things or devices, in each case that would substantially impair its
operation; and (f) to Via’s knowledge, there are currently no actions, suits or proceedings or regulatory investigations alleging the infringement
of third-party intellectual property rights by Via pending before any court or administrative body or arbitration tribunal that might adversely
affect the ability of Via to meet and carry out its obligations under this Agreement. In the event the Services fail to perform as warranted in this
Section 10(a), Via shall use commercially reasonable to promptly correct any such failure of the Services.
b. Disclaimers. WITHOUT PREJUDICE TO SECTION 10(a) AND TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) EACH PARTY
EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY (INCLUDING WARRANTIES OF
MERCHANTABILITY, FITNESS FOR PURPOSE AND NON-INFRINGEMENT); AND (b) VIA DOES NOT WARRANT THAT THE VIA
SOLUTION MEETS CUSTOMER’S REQUIREMENTS, OPERATES WITHOUT INTERRUPTION, OR IS ERROR FREE. Notwithstanding
anything to the contrary express or implied in this Section 10, Section 9 or elsewhere in this Agreement, Via shall have no liability to Customer
or any Client (including no duty to defend, indemnify or hold Customer harmless) for any Transport Incident where “Transport Incident”
means any accident, incident or other situation involving any Client (including negligent, willful and/or criminal acts and omissions), any
package, goods, meals or dry goods transported and/or handled by Customer and/or any employee or agent of Customer on behalf of Customer
and/or any Client, any Device, vehicle or equipment employed by Customer in the use, provision or servicing of the Customer Transportation
Service and/or any employee or agent of Customer operating such vehicle, Device or equipment or otherwise acting on behalf of Customer
(including the acts and omissions of such employees or agents while using the Application or viewing or using any device from which the
Application is displayed). Transport Incidents include actual or alleged violations of Applicable Laws and the Transportation Law components
thereof.
c. Limits on and Exclusions from Liability. EXCEPT WITH RESPECT TO DATA BREACH COSTS, NEITHER PARTY WILL BE LIABLE FOR
ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, RELIANCE, OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS
OR LOST DATA EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OTHER THAN WITH RESPECT TO FEES PAID OR
PAYABLE BY CUSTOMER UNDER THE AGREEMENTS AND DATA BREACH COSTS, EACH PARTY’S TOTAL LIABILITY FOR ALL
CLAIMS ARISING IN CONNECTION WITH ALL AGREEMENTS WILL BE LIMITED TO DIRECT DAMAGES IN AN AMOUNT
EQUIVALENT TO THE FEES PAID OR PAYABLE TO VIA WITH RESPECT TO THE PARTICULAR VIA SOLUTION OR SERVICES, AS
APPLICABLE, UNDER THE ORDER OUT OF WHICH THE CLAIM AROSE DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING
ASSERTION OF THE CLAIM. Customer must bring all claims and causes of action within six (6) months of their being discovered or one (1)
year after expiration or termination of the Order out of which the claim arises, whichever occurs first. The limitations and exclusions in this
Section 8.3 apply to all claims or causes of action under whatever theory brought and regardless of whether a party was advised of the
possibility of the claim.
d. Data Breach Costs. If a material breach of Via’s Security Program or its obligations under Section 8(a) hereof results in unauthorized access,
use or possession of Customer Data containing personally identifiable information of Customers, Via shall be liable for Customer’s Data Breach
Costs up to an aggregate limit equal to the aggregate amount paid by Customer to Via hereunder, where “Data Breach Costs” means the cost
and expenses of investigation and analysis (including by law firms and forensic firms), notification (including by mail house firms), offering and
providing of credit monitoring or other remediation services, and any related call center or similar support activities required to be provided to
the affected data subjects.
e. Insurance. Customer shall obtain and maintain at all times any insurance necessary or statutorily required to operate the Customer
Transportation Service using the Via Solution in the jurisdiction(s) in which it operates, at its sole cost and expense.
11. Regulatory Compliance.
a. Via’s Obligations. Via shall at all times carry out and provide the Services in compliance with all Applicable Laws. For any change in the
Services required by a change in Applicable Laws, Via shall mitigate the adverse effects of such change including minimization of increase in
costs of the Services arising therefrom. Without prejudice to the rest of this Section 11, Via shall use commercially reasonable efforts to
minimise any disruption caused by any changes in Applicable Laws introduced pursuant to this Section 11. The Customer acknowledges and
agrees that the Services hereunder do not include, and neither party intends that they be construed as including, any legal, financial, tax or
compliance advisory services with respect to Transport Incidents or the Transportation Laws.
Attachment number 1 \nPage 18 of 21
Item # 9
b. Customer’s Obligations. The Customer shall comply with all Applicable Laws. Customer shall monitor and identify changes in Applicable
Laws (in any jurisdictions in which it operates the Customer Transportation Service) which would impact the use of the Services by the end-
users and: (a) make such modifications to its internal processes and operations as it deems necessary to remain compliant with such change in
Applicable Laws; and (b) promptly notify Via thereof so that the Customer Manager and Via Manager may discuss any changes to the Services
required for on-going compliance. In addition to the preceding, as between Via and Customer, Customer shall be solely responsible for
compliance with all Transportation Laws including as they relate to Transport Incidents and otherwise.
c. Export Laws. The parties do not intend to import or export products to one another or any third party under any Agreement. Neither party
shall export or re-export the Via Solution to countries subject to U.S. government embargo (as designated by the Office of Foreign Asset
Control of the Treasury Department) and persons listed on the prohibited persons list maintained by the Bureau of Industry and Security of the
Department of Commerce.
d. Anti-Bribery Laws. The Parties shall comply with all applicable anti-bribery Applicable Laws in connection with their respective
performance under this Agreement.
e. Consents; Permits. Via shall obtain all governmental registrations, licenses, permits, approvals and certifications required by Applicable
Laws for the performance of the Services hereunder and shall pay all governmental fees associated therewith. Customer shall obtain all
governmental registrations, licenses, permits, approvals and certifications required by Applicable Laws in connection with this Agreement
(including each Order), as necessary to operate the Customer Transport Service, and shall pay all governmental fees associated therewith.
Customer also shall obtain from its third party vendors, licensors, supply-chain partners, clients, customers, distributors or similar parties, any
authorization or consent necessary for Via to access or utilize the goods, services (including software or other proprietary materials), property
or facilities of such parties if necessary for Via’s performance of the Services.
12. Assignment.
Customer may not assign or transfer these Terms and Conditions, any Use Rights, and/or any Order unless Customer makes a request in writing
in advance and Via consents in writing. Via may require Customer and the proposed assignee/transferee to agree to additional terms or pay
additional fees. Any change of control of Customer shall be deemed to constitute a prohibited assignment for the purposes hereof.
13. Non-Solicitation.
During the Term and for twelve (12) months thereafter, Customer agrees that Customer shall not, and shall not direct, request, or seek to
influence any of Customer’s Affiliates to, directly or indirectly solicit, hire, or employ (including in any consulting capacity) any employee,
officer, or director of Via or its Affiliates who performs services for Customer (or its Affiliates) or any person who served in any such capacity
during the preceding six (6) months; provided that this Section 13 shall not prohibit general solicitation for employees through advertising and
other similar means, if not directed at the employees, officers, or directors of Via or its Affiliates, or the hiring or employment of any person
who responds to any such general solicitation.
14. Dispute Resolution; Governing Law.
The laws of the State of New York will govern this Agreement without regard to the principles of conflicts of laws. Except for either party’s
right, in connection with any matter involving any Agreement, to seek equitable or declaratory relief in any court of competent jurisdiction, all
disputes not resolved informally by the parties shall be submitted for arbitration before a panel of three (3) arbitrators selected one each by the
parties and one by the American Arbitration Association (the “AAA”), at least one of whom shall be an expert in the field of cloud-deployed
software solutions. The arbitration shall be conducted in accordance with the provisions contained herein and in accordance with the
Commercial Arbitration Rules of the AAA in effect at the time of the arbitration. A written notice of intent to arbitrate shall be provided by
one party to the other party within a reasonable time after the dispute has arisen, and in no event shall such notice be provided after the date
when institution of legal or equitable proceedings based on such dispute would be barred by the applicable statute of limitations. All
arbitration shall be administered by the AAA and shall take place in New York, New York unless otherwise agreed to by the parties. All aspects
of the arbitration including the result shall be treated as confidential and shall not be disclosed. The award of the arbitrators shall be binding
and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction; provided, however, that the
arbitrators shall not have the power to award: (a) punitive damages; or (b) damages in excess of the limitations set forth in Section 10 hereof.
15. Miscellaneous.
All notices must be sent by certified mail or overnight courier to the address specified for each party and deemed given three (3) business days
after sending. The prevailing party in any dispute is entitled to the recovery of reasonable legal fees and expenses. Failures in performance
beyond a party’s reasonable control are excused. Unenforceable provisions will be reformed to permit enforceability with maximum effect to
the original intent. Waiver of a breach is not waiver of other or later breaches. Nothing in an Agreement is intended to create an agency,
Attachment number 1 \nPage 19 of 21
Item # 9
partnership, joint venture, or franchise between the parties and except as may be expressly stated in an Order, neither party has the authority
to act in the name or on behalf of or otherwise to bind the other. In performing its obligations under this Agreement, each party is acting as an
independent contractor of the other and is solely responsible for the supervision, daily direction, and control of its own employees and for the
payment of their salaries and benefits and related compensation. Via may issue a press release or make other public announcements concerning
these Agreement and/or Orders and may use Customer’s Marks in its marketing materials and on its website in a manner consistent with
Customer’s communications policies (to the extent made available to Via) but in all events reasonably. Customer shall, upon Via’s request, use
commercially reasonable efforts to provide comments with respect to the collaboration hereunder that Via can quote in its press release. To the
extent required by the licensors of Third Party Content Via provides, such licensors are the express, intended third-party beneficiaries of this
Agreement. Except as expressly set forth herein, there are no other third-party beneficiaries of this Agreement.
16. Entire Agreement and Survival.
These Terms and Conditions and the Order are the entire Agreement between the parties with respect to the Via Solution and Services under
them and supersede all previous or contemporaneous written and verbal agreements or proposals relating to the same subject matter, and
cannot be modified except by written agreement referencing the specific provisions modified. Conflicts between these Terms and Conditions
and an Order with respect to amounts or timing of payments will be resolved in favor of the Order. All other conflicts will be resolved in favor
of these Terms and Conditions, including in the event of a conflict with Customer’s general conditions. If Customer’s procurement processes
require use of an internal purchase order neither it nor its terms shall supersede, replace, or amend this Agreement. Sections 4, 7, 9 and 10(b)
each shall each survive expiration or termination of this Agreement.
Attachment number 1 \nPage 20 of 21
Item # 9
Exhibit B
Federal Transit Administration (FTA) Clauses
Attachment number 1 \nPage 21 of 21
Item # 9
Request for Proposal
Request for Proposals will be received at this office until Monday, November 15, 2021 @ 3:00 p.m. via ZOOM
Meeting ID: 853 1139 4375; Passcode: 571509 for furnishing:
RFP Item #21-245 Microtransit/Dynamic-Responsive Software as a Service (SaaS) Transit Technology for Augusta,
GA – Augusta Transit Department
RFPs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of:
Geri A. Sams, Director
Augusta Procurement Department
535 Telfair Street - Room 605
Augusta, Georgia 30901
RFP documents may be viewed on the Augusta Georgia web site under the Procurement Department ARCbid. RFP
documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605,
Augusta, GA 30901 (706-821-2422).
A Pre-Proposal Conference will be held on Monday, November 1, 2021 @ 10:00 a.m. via ZOOM.
Meeting ID 846 5925 3234; Passcode: 195793
All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov
to the office of the Procurement Department by Tuesday, November 2, 2021 @ 5:00 P.M. No RFP will be accepted
by fax or email, all must be received by mail or hand delivered.
No RFP may be withdrawn for a period of 90 days after RFPs have been opened, pending the execution of contract
with the successful bidder(s).
Request for proposals (RFP) and specifications. An RFP shall be issued by the Procurement Office and shall include
specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions,
applicable to the procurement. All specific requirements contained in the request for proposal including, but not
limited to, the number of copies needed, the timing of the submission, the required financial data, and any other
requirements designated by the Procurement Department are considered material conditions of the RFP which are
not waivable or modifiable by the Procurement Director. All requests to waive or modify any such material condition
shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia
Commission for approval by the Augusta, Georgia Commission. Please mark RFP number on the outside of the
envelope.
GEORGIA E-Verify and Public Contracts: The Georgia E-Verify law requires contractors and all sub-contractors on
Georgia public contract (contracts with a government agency) for the physical performance of services over $2,499 in
value to enroll in E-Verify, regardless of the number of employees. They may be exempt from this requirement if they
have no employees and do not plan to hire employees for the purpose of completing any part of the public contract.
Certain professions are also exempt. All requests for proposals issued by a city must include the contractor affidavit as
part of the requirement for their bid to be considered.
Proponents are cautioned that acquisition of RFP documents through any source other than the office of the
Procurement Department is not advisable. Acquisition of RFP documents from unauthorized sources places the
proponent at the risk of receiving incomplete or inaccurate information upon which to base their qualifications.
Correspondence must be submitted via mail, fax or email as follows:
Augusta Procurement Department
Attn: Geri A. Sams, Director of Procurement
535 Telfair Street, Room 605
Augusta, GA 30901
Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle October 7, 14, 21, 28, 2021
Metro Courier October 7, 2021
Attachment number 2 \nPage 1 of 1
Item # 9
OFFICIAL
VENDORS Attachment
"B"E-Verify #Addendum
1
SAVE
Form Original 7 Copies Fee Proposal
Federal
Compliance
Goal
HBSS CONNECT CORP
1075 WESTFORD ST. Suite 304
LOWELL, MA 01851
Yes 1732647 Yes Yes Yes Yes Yes 5.64%
VIA MOBILITY LLC
10 Crosby Street, Floor 2
New York, NY 10013
Yes 9029063 Yes Yes Yes Yes Yes 5.64%
RFP Opening RFP Item #21-245 Microtransit/ Dynamic
Responsive Software as a Service (SaaS) Transit Technology
For Augusta, GA - Transit Department
RFP Date: Monday November 15, 2021 @ 3:00 p.m.
Total Number Specifications Mailed Out: 24
Total Number Specifications Download (Demandstar): 130
Total Electronic Notifications (Demandstar): 8
Georgia Procurement Registry: 1414
Total packages submitted: 2
Total Noncompliant: 0
Page 1 of 1
Attachment number 3 \nPage 1 of 1
Item # 9
HBSS CONNECT CORP
1075 WESTFORD ST. Suite 304
LOWELL, MA 01851
VIA MOBILITY LLC
10 Crosby Street, Floor 2
New York, NY 10013
HBSS CONNECT CORP
1075 WESTFORD ST. Suite 304
LOWELL, MA 01851
VIA MOBILITY LLC
10 Crosby Street, Floor 2
New York, NY 10013
Evaluation Criteria Ranking Points
1. Completeness of Response
• Package submitted by the deadline
• Package is complete (includes requested information
as required per this solicitation)
• Attachment B is complete, signed and notarized
N/A Pass/Fail PASS PASS PASS PASS
2. Qualifications & Experience (0-5)15 4.3 5.0 63.75 75
3. Organization & Approach (0-5)20 3.5 5.0 70 100
4.Scope of Services – Software Requirements
• Proposed software product satisfies all technical and
functional requirements listed in this RFP.
• Proposed software product is demonstrably user-
friendly for all user roles.
(0-5)30 3.3 5.0 97.5 150
5. Financial Stability (0-5)5 5.0 5.0 25 25
6. References (0-5)5 4.3 5.0 21.25 25
20.3 25.0 277.5 375
7. Presentation by Team (0-5)10 3.6 5.0 36 50
8 Q&A Response to Panel Questions (0-5)5 2.8 5.0 13.75 25
Lowest Fees 5 10 5 50 0
Second 5 6 5 0 30
Third 5 4 0 0
Forth 5 2 0 0
Fifth 5 1 0 0
Total Phase 2 - (Total Maximum Ranking 15 -
Maximum Weighted Total Possible 125) 11.35 15 99.75 105
31.6 40 377.25 480
Phase 1 Total - (Total Maximum Ranking 25 -
Maximum Weighted Total Possible 375)
Vendors
Phase 1
Evaluation Sheet - RFP Opening RFP Item #21-245 Microtransit/ Dynamic
Responsive Software as a Service (SaaS) Transit Technology
For Augusta, GA - Transit Department
RFP Evaluation Date: Wednesday, December 15, 2021 @ 1:00 p.m. via ZOOM
Ranking of 0-5 (Enter a number value between 0 and
Scale 0 (Low) to 5 (High) Weighted Scores
Procurement DepartmentRepresentative:___Nancy Williams_______________________________________
Procurement Department Completion Date: 1/14/22
Phase 2 (Option - Numbers 7-8) (Vendors May Not Receive Less Than a 3 Ranking in Any Category to be Considered for Award)
Internal Use Only
Total Cumulative Score
(Maximum point is 500)
Evaluator: Cumulative Date: Phase II 1/14/22
Total (Total Possible Score 500) Total (May not Receive Less Than a 3 Ranking in Any Category to
9. Cost/Fee Proposal Consideration (only choose 1 line according to dollar value of the proposal in relation to all fee
proposals - enter the point value for the one line only) Cost/Fee Proposal Consideration
Attachment number 4 \nPage 1 of 1
Item # 9
Attachment number 5 \nPage 1 of 1
Item # 9
1
FYI: Process Regarding Request for Proposals
Sec. 1-10-51. Request for proposals.
Request for proposals shall be handled in the same manner as the bid process as
described above for solicitation and awarding of contracts for goods or services with
the following exceptions:
(a) Only the names of the vendors making offers shall be disclosed at the proposal
opening.
(b) Content of the proposals submitted by competing persons shall not be
disclosed during the process of the negotiations.
(c) Proposals shall be open for public inspection only after the award is made.
(d) Proprietary or confidential information, marked as such in each proposal, shall
not be disclosed without the written consent of the offeror.
(e) Discussions may be conducted with responsible persons submitting a proposal
determined to have a reasonable chance of being selected for the award. These
discussions may be held for the purpose of clarification to assure a full
understanding of the solicitation requirement and responsiveness thereto.
(f) Revisions may be permitted after submissions and prior to award for the
purpose of obtaining the best and final offers.
(g) In conducting discussions with the persons submitting the proposals, there
shall be no disclosure of any information derived from the other persons
submitting proposals.
Sec. 1-10-52. Sealed proposals.
(a) Conditions for use. In accordance with O.C.G.A. § 36-91-21(c)(1)(C), the
competitive sealed proposals method may be utilized when it is determined in
writing to be the most advantageous to Augusta, Georgia, taking into
consideration the evaluation factors set forth in the request for proposals. The
evaluation factors in the request for proposals shall be the basis on which the
award decision is made when the sealed proposal method is used. Augusta,
Georgia is not restricted from using alternative procurement methods for
Attachment number 6 \nPage 1 of 4
Item # 9
2
obtaining the best value on any procurement, such as Construction
Management at Risk, Design/Build, etc.
(b) Request for proposals. Competitive sealed proposals shall be solicited through
a request for proposals (RFP).
(c) Public notice. Adequate public notice of the request for proposals shall be
given in the same manner as provided in section 1-10- 50(c)(Public Notice
and Bidder's List); provided the normal period of time between notice and
receipt of proposals minimally shall be fifteen (15) calendar days.
(d) Pre-proposal conference. A pre-proposal conference may be scheduled at
least five (5) days prior to the date set for receipt of proposals, and notice shall
be handled in a manner similar to section 1-10-50(c)-Public Notice and
Bidder's List. No information provided at such pre-proposal conference shall
be binding upon Augusta, Georgia unless provided in writing to all offerors.
(e) Receipt of proposals. Proposals will be received at the time and place
designated in the request for proposals, complete with bidder qualification and
technical information. No late proposals shall be accepted. Price information
shall be separated from the proposal in a sealed envelope and opened only
after the proposals have been reviewed and ranked.
The names of the offerors will be identified at the proposal acceptance;
however, no proposal will be handled so as to permit disclosure of the detailed
contents of the response until after award of contract. A record of all responses
shall be prepared and maintained for the files and audit purposes.
(f) Public inspection. The responses will be open for public inspection only after
contract award. Proprietary or confidential information marked as such in
each proposal will not be disclosed without written consent of the offeror.
(g) Evaluation and selection. The request for proposals shall state the relative
importance of price and other evaluation factors that will be used in the
context of proposal evaluation and contract award. (Pricing proposals will not
be opened until the proposals have been reviewed and ranked). Such
evaluation factors may include, but not be limited to:
(1) The ability, capacity, and skill of the offeror to perform the contract or
Attachment number 6 \nPage 2 of 4
Item # 9
3
provide the services required;
(2) The capability of the offeror to perform the contract or provide the
service promptly or within the time specified, without delay or
interference;
(3) The character, integrity, reputation, judgment, experience, and
efficiency of the offeror;
(4) The quality of performance on previous contracts;
(5) The previous and existing compliance by the offeror with laws and
ordinances relating to the contract or services;
(6) The sufficiency of the financial resources of the offeror relating to his
ability to perform the contract;
(7) The quality, availability, and adaptability of the supplies or services to
the particular use required; and
(8) Price.
(h) Selection committee. A selection committee, minimally consisting of
representatives of the procurement office, the using agency, and the
Administrator's office or his designee shall convene for the purpose of
evaluating the proposals.
(i) Preliminary negotiations. Discussions with the offerors and technical
revisions to the proposals may occur. Discussions may be conducted with the
responsible offerors who submit proposals for the purpose of clarification and
to assure full understanding of, and conformance to, the solicitation
requirements. Offerors shall be accorded fair and equal treatment with respect
to any opportunity for discussions and revision of proposals and such
revisions may be permitted after submission and prior to award for the purpose
of obtaining best and final offers. In conducting discussions, there shall be no
disclosure of information derived from proposals submitted by competing
offerors.
(j) From the date proposals are received by the Procurement Director through the
date of contract award, no offeror shall make any substitutions, deletions,
Attachment number 6 \nPage 3 of 4
Item # 9
4
additions or other changes in the configuration or structure of the offeror’s
teams or members of the offeror’s team.
(k) Final negotiations and letting the contract. The Committee shall rank the
technical proposals, open and consider the pricing proposals submitted by
each offeror. Award shall be made or recommended for award through the
Augusta, Georgia Administrator, to the most responsible and responsive
offeror whose proposal is determined to be the most advantageous to Augusta,
Georgia, taking into consideration price and the evaluation factors set forth in
the request for proposals. No other factors or criteria shall be used in the
evaluation. The contract file shall contain a written report of the basis on
which the award is made/recommended. The contract shall be awarded or let
in accordance with the procedures set forth in this Section and the other
applicable sections of this chapter.
Attachment number 6 \nPage 4 of 4
Item # 9
Attachment number 7 \nPage 1 of 4
Item # 9
Attachment number 7 \nPage 2 of 4
Item # 9
Attachment number 7 \nPage 3 of 4
Item # 9
Attachment number 7 \nPage 4 of 4
Item # 9
Public Service Committee Meeting
10/25/2022 1:00 PM
Minutes
Department:
Presenter:
Caption:Motion to approve the minutes of the Public Services Committee held on
October 11, 2022.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 10
Public Service committee Meeting commission chamber - l0llll2022
ATTENDANCE:
Present: Hons. Hardie Davis, Jr., Mayor; Frantom, Chairman; Johnson, Vice Chairman; Clarke,
member.
Absent: Hon. Mason, member.
PUBLIC SERVICES
1. New Ownership/Existing Location: A.N. 22-72:
premise Liquor, Beer & Wine License to be used
District l. Super District 9.
Motions
Motion Type Motion Text Made By Seconded I- Motion6Y Result
^ __._ _. Motion to approve. ^Approve Mo;i"; p#,;. l_0, Commissioner Jordan Johnson Commissioner John Clarke Passes
2. New Ownership/Existing Location: A.N. 22-73: A request by Deep Patel for a retail package Beer &Wine License to be used in connection with Lotto World #15 located at2502lumpkin Road. bistrict 5.
Super District 9.
A request by Denzel Larry for a consumption on ltem
in connection with Luxe located at 813 Broad Street. Action:
Approved
Item
Action:
Rescheduled
Motions
Motion Motion Textrype
Motion to refer this item to the fullApprove Commission with no recommendation..
Motion Passes 3-0.
seconded By f;XiIMade By
Commissioner Commissioner
Jordan Johnson John Clarke Passes
3' New Ownership/Existing Location: A.N.22-74: A request by Ileshkumar patel for a retail package Beer& Wine License to be used in connection with Neighborhood Store located at 2849 LumpkiriRoad.District 5. Super District 9.
Motions
Motion Type Motion Text Made By seconded By Motion
Result
Commissioner Jordan Johnson passesApprove M:lffi i""3ljJ"rt. commissioner rohn clarke
4' \:* Ownership/Existing Location: A.N.22-75: A request by Shova Dhakal for a retail package Beer &Wine License to be used in connection with Aman Food Mart located at 207g Old Savannah Road.District 2. Super District 9.
Item
Action:
Approved
Item
Action:
Approved
Attachment number 1 \nPage 1 of 4
Item # 10
Motions
Motion Type Motion Text
Approve
Made By seconded By fJjil
Commissioner Jordan Johnson Commissioner John Clarke Passes
Request Commission approval to enter Phase VI contract with MCCi, LLC as a sole source vendor for
the amount of 'not to exceed $100,000.00' for the purpose of digitizingand indexing historic building
plans.
Motions
Motion Type Motion Text Made By Seconded By fJr|ir'l
Approve M::ffi i""33JJ"r5. Commissioner Jordan Johnson Commissioner John Clarke Passes
Tiny House Construction: Adopt Georgia State Minimum Standard Codes for Tiny Houses.
Motion to approve.
Motion Passes 3-0.
5.Item
Action:
Approved
Item
Action:
Approved
Item
Action:
Approved
Item
Action:
Approved
6.
7. Motion to approve entering into a lease agreement with the Augusta National, Inc. for the usage of the
parking lot at Eisenhower Park during Masters week.
Motions
Motion^-^"'-- Motion Textrype
Motion to approve the request to amend
^ the Code regarding tinY houseAnoroveconstruction.
Motion Passes 3-0.
Motions
Motion Motion Text'l'ype
Motion to approve with the amount in
Approve the first year to be $3,750.00.
Motion Passes 3-0.
Commissioner Commissioner
Jordan Johnson John Clarke Passes
MotionSeconded By Result
seconded By ffltjii
Commissioner John
clarke Passes
Made By
Made By
Commissioner
Jordan Johnson
g. Motion to approve the memorandum of understanding with Aiken-Augusta Swim League (ASL) for the
usage of the Augusta Aquatic Center in2023.
Motion Text Made By Seconded By
Motion to delete this item from ^^---..-i.the agenda. rLstrr ,urII
,TililIt'"ner
Jordan
3iffi"t'oner
John Passes
Motion Passes 3-0.
9. Motion to approve a 82,251,230.00 increase of 2022 Airport budget to fund July-December aircraft fuel
expense. Approved by the Augusta Aviation Commission on September 28,2022.
Motions
Motion
Type
Delete
Motion
Result
Attachment number 1 \nPage 2 of 4
Item # 10
Item
Action:
Approved
Motions
Motion Type Motion Text Made By Seconded I- MotiontY Result
a -_- _._ Motion to approve. AApprove Uotion pasJe's l-[. Commissioner Jordan Johnson Commissioner John Clarke Passes
10. Motion to approve the minutes of the Public Services Committee held on September 13,2022. Item
Action:
Approved
Motions
*::Il Motion Text Made By seconded o-- Motion'l'ype rvr4uE DJ Deconoeq I,y Result
Motion to aoorove.Approve Uotion pasiJs Commissioner Jordan Commissioner John passes3-0- Johnson Clarke
www.augustasa.pov
Attachment number 1 \nPage 3 of 4
Item # 10
Attachment number 1 \nPage 4 of 4
Item # 10
Public Service Committee Meeting
10/25/2022 1:00 PM
Motion to accept a grant from the Georgia Recreation and Park Association
Department:Parks and Recreation
Presenter:Maurice McDowell
Caption:Motion to accept a grant from the Georgia Recreation and Park
Association for the execution of the "Coaching Boys into Men" program.
Background:Augusta Parks and Recreation was awarded a grant from the Georgia
Recreation and Park Association for the execution of the "Coaching Boys
into Men" program, a preventative educational program to help youth
build healthy relationship skills and avoid domestic violence. The
Department has offered the program twice at the Bernie Ward Community
Center and is eligible to receive the grant funds twice, for a total of
$10,000.
Analysis:As condition of the grant, funding is made available after the execution of
the programs.
Financial Impact:Augusta will receive $5,000. No match required. Those funds are not
bound to a specific utilization. The department will use the funds for
program supplies and to increase programming.
Alternatives:1. To accept the grant funds. 2. To move to no action.
Recommendation:1. To accept the grant funds.
Funds are Available in
the Following
Accounts:
Organization Key will be setup in Fund 220 once approved.
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 11
Program: Coaching Boys into Men
Purpose: To build healthy relationship skills for youth
$5,000 per site with 15 total sites across the state
What’s needed from sites/recreation agencies:
Attend 1 training and complete pre-survey (3 hours)
Submit schedule for when you’re going to hold sessions
Hold 12 sessions for youth (about 15 min each)
Make sure youth complete 1 pre-survey before the sessions start (about 10 minutes)
Make sure youth complete 1 post-survey after the sessions end (about 10 minutes)
Participate in 3 check-in calls with DPH/GNESA (about 15 minutes each)
Host 1 “half-time” or “fan day” activity, which includes spreading messages about what participants have learned (Time commitment varies by
activity. Some past activities have included creating and displaying posters, making announcements during games, posting on social media, and
sharing a story with local media)
What GNESA/DPH will provide:
Training
Assistance with any questions you have along the way
Links for all pre and post surveys
$5,000 in funding for sites that submit schedules, surveys, and documentation to show they completed the halftime/fan day activity
This is funded through Cooperative Agreement NUF2CE002479 from the Centers for Disease Control and Prevention
Frequently Asked Questions:
What’s the minimum age for youth to participate?
We recommend high-school aged youth.
How many youth need to participate to receive funding?
We ask that a minimum of 5 youth participate throughout the sessions.
Is the program only for sports teams?
The program was designed for sports teams and uses language like “coach” and “athlete”. However, if you have a group of youth that have a strong
purpose and a clear leader or mentor, the program can be used outside of sports teams.
Does it have to be the same group of youth for all 12 sessions?
We recommend that you have the same group of youth for all 12 sessions. The sessions build upon each other and reiterate messages from previous
sessions along the way.
Can female athletes participate?
Yes, absolutely. The content of “Coaching Boys into Men” is geared toward males but lessons are applicable to all. If you have a group of females, you
might want to consider using the “Athletes as Leaders” program instead of “Coaching Boys into Men”. We can provide training and assistance
Please register by March 21 by contacting: Sarah Wilkinson at sarah.wilkinson@dph.ga.gov or 404-406-3210
Training information:
March 22 Training, 9am to 12pm
Join on your computer or mobile app
Click here to join the meeting
Or call in (audio only)
+1 470-344-9228,,720656555# United States, Atlanta
Phone Conference ID: 720 656 555#
Attachment number 1 \nPage 1 of 1
Item # 11
“Caring for Georgia’s People & Parks”
Steve Card, CPRP
Executive Director
scard@grpa.org
Shelly Strickland
Office Manager
shelly@grpa.org
1285 Parker Road Conyers, GA 30094 www.grpa.org Office: 770.760.1403 Fax: 770.760.1550
On behalf of the Georgia Recreation and Park Association in Partnership with the Department of Public Health Department we would like to congratulate the City of Augusta for completion of the Boys To Men Program. Your dedication to your community and specifically the young men that completed this program are a testament to your departments willingness to serve your community through the Boys To Men program. We hope that the unrestricted $5,000 received from this program will allow you to do great things in your community!
Thank you for your service and if you need additional information do not hesitate to let us know.
Attachment number 2 \nPage 1 of 1
Item # 11
AUGUSTA, GEORGIA
New Grant ProposaUApplication
Before a DepartmenUagency may apply for the granUaward on behalf of Augusta Richmond County, they must first obtain approval
signature from the Administrator and the Finance Director. The Administrator will obtain information on the grant program and
requirements from the funding agency and review these for feastbility to determine if this grant/award will benefit Augusta
Richmond County. The Finance Director will review the funding requirement to determine if the grant will fit within our budget
structure and financial goals.
Proposal ProjectNo. Project Title
PR000372 RECREATIO Coaching Boys into Men - GRPA Grant- --Ie!ffii on gFartrAGoclIi6fr-rFttr?executifr-of-thEieoTcliiig'E]3-into Mein- ---progmm. Staffhas already executed the program and is eligible for the grant. The awarded funds are not bound to any requirements.
No cash match is required.
EEO required: No
EEO Department notified: No
Start Date: 05/0112022
Submit Date: 0811212022
Total Budgeted Amount: 5,000.00
Sponsor: GM0036
SponsorType; PVT
Purpose: 13
Name
End Date: 1213112022
Department: 061
Total Funding Agency:
Georgia Recreation and Parks Asso.
Community
Contacts
Recreation Cash Match? N
5,000.00 Total Cash Match: 0.00
Flow Thru ID:
PhoneIDTyPe
I 23996 ROST, FRANK 0-
Approvals
TYPe
FA
JL
M, MCDOWELL
Date
08/12t2022 Dept. Slgnature:
Grant Coordlnetor
l.) I late reviewed the Grant application and enclosed materials and:
Vlioafu"granUaward to be feasible to the needs of Augusta Richmond County
o Denv the reouest' outu^A -"( '
Finance Director Date
2) I have reviewed the Grant application and enclosed materials and:
y' Approve the Department Agency to move forward with the application
e lls laoea,
Date cS l.rf,.r?
This form will also be used to provide the external auditors with information on all grants for compliance and
certification requirements as requlred by the State and Federal Government.
&rz-z oz?
Administrator
User:Current D&te:
Current Timet
08/12/2022
l0:56:51Report: GMI000_PROPOSAL - GMl000: Grants Management: I
Attachment number 3 \nPage 1 of 1
Item # 11
Public Service Committee Meeting
10/25/2022 1:00 PM
Planning & Development: Code Enforcement Briefing
Department:Planning & Development
Presenter:Carla Delaney or Department Designee
Caption:Discussion of challenges and actions to be taken regarding property
maintenance and code enforcement.
Background:Property maintenance violations have an adverse effect on the community.
By addressing the root cause and tweaking internal policies and
procedures, we should be able to increase compliance.
Analysis:Increasing compliance translates into visible/tangible improvements in our
neighborhoods and city.
Financial Impact:FY2023 budget proposal has been submitted for funding to allow for a
pilot program that would aid owner-occupants with income issues to
access the necessary tools to bring their homes into compliance.
Alternatives:
Recommendation:Motion to approve Planning & Development collaborating with the legal
department on county code of ordinance amendments addressing property
maintenance and blight.
Funds are Available in
the Following
Accounts:
If approved, a pilot program for owner-occupants to access tools totaling
$50,000 in year 2023. Submit request Form B-1 for org key: 101072910 in
the budget package.
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission Cover Memo
Item # 12
Review, Revise, Refocus and Restart
Planning & Development: Code Division Briefing
Augusta Richmond County has approximately 82,000 parcels and 13 Code Enforcement Officers
(2-vacant) verifying property maintenance. The main challenges to code compliance are:
➢ Investors and Flippers ➢ Chronic Nuisance
➢ Owner Occupants with Unaffordable Repairs ➢ Renovation Starts & Stops
State law provides the foundation for which municipalities pursue property maintenance;
however, the local county code of ordinances allows for the county to take a more strategic and
comprehensive approach. Planning & Development has identified five (5) sections of the
county code of ordinance that we would like commission approval to collaborate with legal on
updating.
Historically, the discussion regarding the lack of property maintenance has been centered
around demolitions, grass cutting, tickets, citations, and court. Unfortunately, the obstacles and
solutions to compliance have not been given priority. Because seventy-five (75%) of all code
enforcement cases are residential, community engagement and re-education are essential. An
equity approach is fundamental to defining and gaining compliance.
Code enforcement has not changed much over the last 20-years, yet the residents, leaders, and
communities have. The “one-size-fits-all” approach to commercial and residential property
maintenance violations does not work. Despite being short staffed, Planning & Development
has identified the following actions that can be taken now to improve processes and aid in
gaining compliance:
✓ Legacy Review ✓ Mass Re-inspections ✓ Community
Engagement Series
✓ Breakout Teams ✓ Collectives ✓ Tool Sharing Program
Review of Challenges
Revise the County Code of Ordinances
Refocus on Gaining Compliance
Restart with Internal Initiatives
Attachment number 1 \nPage 1 of 1
Item # 12