The URL can be used to link to this page

Home My WebLink About2019-02-12 Meeting Minutes Administrative Services Committee Meeting Commission Chamber - 2/12/2019 ATTENDANCE: Present: Hons. Sias, Chairman; Clarke, Vice Chairman; Davis and Few, members. Absent: Hon. Hardie Davis, Jr., Mayor. ADMINISTRATIVE SERVICES 1. Motion to approve an annual bid for Environmental Services Department, Utilities Department and Recreation and Parks Department. The items require Commission approval due to the fact that purchases on the individual purchase orders will exceed $25,000.00 per order. Item Action: Rescheduled Motions Motion Type Motion Text Made By Seconded By Motion Result Defer Motion to refer this item to the next committee meeting. Motion Passes 4-0. Commissioner Mary Davis Commissioner Johnny Few Passes 2. Award the contract to furnish and install furnishings for the Maxwell Library Renovation project to the low bidder, PMC Commercial Interiors Inc. of Greenville, SC, in the amount of $124,802.36. (ITB 18-275) Item Action: Rescheduled Motions Motion Type Motion Text Made By Seconded By Motion Result Defer Motion to refer this item to the next committee meeting. Motion Passes 4-0. Commissioner Mary Davis Commissioner Johnny Few Passes 3. The Utilities Department - Gordon Division requests the purchase of one new Trailer Hydro Excavator from Jet-Vac Equipment. (ITB 18-307) Item Action: Rescheduled Motions Motion Type Motion Text Made By Seconded By Motion Result Defer Motion to refer this item to the next committee meeting. Motion Passes 4-0. Commissioner Mary Davis Commissioner Johnny Few Passes 4. Motion to provide the Mayor authorization to sign the CHIP Grant Homeowner Rehab Conflict of Interest Certifications (4). Item Action: Rescheduled Motions Motion Type Motion Text Made By Seconded By Motion Result Defer Motion to refer this item to the next committee meeting. Motion Passes 4-0. Commissioner Mary Davis Commissioner Johnny Few Passes 5. Motion to approve Housing and Community Development Department’s (HCD's) request to provide HOME funding to assist two (2) low to moderate income homebuyers with gap financing, downpayment and closing costs to purchase homes. Item Action: Rescheduled Motions Motion Type Motion Text Made By Seconded By Motion Result Defer Motion to refer this item to the next committee meeting. Motion Passes 4-0. Commissioner Mary Davis Commissioner Johnny Few Passes 6. Motion to approve Housing and Community Development Department’s (HCD's) request to provide funding to assist one (1) low to moderate income homebuyer with down-payment assistance to purchase a home. Item Action: Rescheduled Motions Motion Type Motion Text Made By Seconded By Motion Result Defer Motion to refer this item to the next committee meeting. Motion Passes 4-0. Commissioner Mary Davis Commissioner Johnny Few Passes 7. Motion to approve Bid # 18-271 and award the contract to proceed with the Main Library Flooring Replacement under the Local Vendor Option to H & H Concrete of Augusta, GA in the amount of $29,100.00. Item Action: Rescheduled Motions Motion Type Motion Text Made By Seconded By Motion Result Defer Motion to refer this item to the next committee meeting. Motion Passes 4-0. Commissioner Mary Davis Commissioner Johnny Few Passes 8. Motion to approve bid to award the contract for Webster Detention Center Building Automation System Upgrades to Trane of Augusta, GA, in the amount of $228,395.00. Bid Item 18-316. Item Action: Rescheduled Motions Motion Type Motion Text Made By Seconded By Motion Result Defer Motion to refer this item to the next committee meeting. Motion Passes 4-0. Commissioner Mary Davis Commissioner Johnny Few Passes 9. Motion to approve the minutes of the Administrative Services Committee held on January 29, 2019. Item Action: Rescheduled Motions Motion Type Motion Text Made By Seconded By Motion Result Defer Motion to refer this item to the next committee meeting. Motion Passes 4-0. Commissioner Mary Davis Commissioner Johnny Few Passes 10. Motion to Approve Amendment to the Probation Services Order so as to allow for the Commission to enter into a private probation services contract for misdemeanor probation cases. Item Action: Rescheduled Motions Motion Type Motion Text Made By Seconded By Motion Result Defer Motion to refer this item to the next committee meeting. Motion Passes 4-0. Commissioner Mary Davis Commissioner Johnny Few Passes www.augustaga.gov Administrative Services Committee Meeting 2/12/2019 1:05 PM Attendance 2/12/19 Department: Presenter: Caption: Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: PROCUREMENT SOURCE SELECTION METHODS AND CONTRACT AWARDS Sec. 1-10-48. Generally. The following sections provide detailed information concerning the use of the seven (7) source selection methods available for use for the procurement of commodities, services and construction products for Augusta, Georgia. The seven methods are: (1) sealed bids, (2) sealed proposals, (3) special services, (4) quotations or informal bids, (5) sole source, (6) emergency procurement and (7) annual contracts. Purpose: A significant portion of the Augusta, Georgia Annual Budget is committed each year to various purchase contracts such as raw materials, equipment, equipment parts or components, general supplies, and professional and non-professional services. Therefore, it is essential that maximum value be obtained for each public tax dollar spent. A proven technique for obtaining this goal is through the annual bid contract process, Sec. 1-10-58. Annual contracts. Upon approval of an annual contract by the Board of Commissioners (or the Administrator for annual bids of up to $25,000), any using agency may order supplies or services under such annual contract as needed up to the maximum amount approved in the annual bid. Purchases on the following annual bid items will exceed $25,000.00 per order: Description Recommended Vendors Local Vendors Environmental Services 19-016 Various Sizes of Rocks Martin Marietta Augusta/Grovetown Martin Marietta 19-027 Rock Hauling JHC JHC 19-113 Vacant Lot Cleaning Services Augusta Quality Lawncare Augusta Quality Lawncare 19-104A Light Fleet Parts O’Reilly Auto Parts O’Reilly Auto Parts 19-115 Tire Repair & Servicing Snider Tire Snider Tire 19-116 Various Pipe, Couplings & End Section Fortiline Waterworks Fortiline Waterworks 19-118 Tires Snider Fleet Solutions Snider Fleet Solutions Utilities 19-002 Fiber Optic Network Supplies Utilicom Supply NovaLight Telecom Supply Graybar Graybar 19-050 Red Hot Sewer Solvent Haskins Company Haskins Company 19-052 Fiber Optic Supplies Georgia Underground Supply Graybar Electric NovaLight Telecom Graybar Electric 19-055 Chemicals Polydyne Univar Allied Universal 19-066 Warehouse Supplies Core and Main Ferguson Waterworks Fortline Waterworks Core and Main Ferguson Waterworks Fortline Waterworks Recreation 19-045 Athletic Clothing Johannsen S&S Worldwide Pyramid School Products B&N Sports Johannsen Administrative Services Committee Meeting 2/12/2019 1:05 PM 2019 Annual Bid Recommendation of Award - Various Departments Department:Procruement Presenter:Geri Sams Caption:Motion to approve an annual bid for Environmental Services Department, Utilities Department and Recreation and Parks Department. The items require Commission approval due to the fact that purchases on the individual purchase orders will exceed $25,000.00 per order. Background:The following annual bid item requires Commission approval: Environmental Services 19-016 Various Sizes of Rocks 19-027 Rock Hauling 19-113 Vacant Lot Cleaning Services 19-104A Light Fleet Parts 19-115 Tire Repair & Servicing 19-116 Various Pipe, Couplings and End Sections. 19-118 Tires Utilities 19-002 Fiber Optic Network Supplies 19-050 Red Hot Sewer Solvent 19-052 Fiber Optic Supplies 19-055 Chemicals 19-066 Warehouse Supplies Recreation 19-045 Athletic Clothing Analysis:Each item has been bid through the sealed bid process as directed in the Augusta Procurement Code. The User Departments have reviewed the submittals and has presented a recommendation of award to the Procurement Department. Financial Impact:The User Departments are responsible for the purchase of the items listed on the individual bids. Alternatives: Not to award and require the User Departments to follow the purchasing guidelines as listed in the Augusta Procurement Code for each individual purchase. Recommendation:Approve the recommendation as submitted by the User Departments. Funds are Available in the Following Accounts: Various funds provided by the User Departments. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Invitation to Bid Sealed bids will be received at this office until Tuesday, September 11, 2018 @ 3:00 p.m. for furnishing: Bid Item #18-275 Furnishings for Maxwell Branch Library – Augusta, GA Central Services Department – Facilities Maintenance Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. A Pre Bid Conference will be held on Friday, August 24, 2018 @ 10:00 a.m. in the Procurement Department, 535 Telfair Street, Room 605, Augusta, GA 30901. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Tuesday, August 28, 2018 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference an eligible bidder must submit a completed and signed written application to become a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project. An eligible bidder who fails to submit an application for approval as a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project, and who otherwise meets the requirements for approval as a local bidder, will not be qualified for a bid preference on such eligible local project. No bids may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle August 2, 9, 16. 23, 2018 Metro Courier August 2, 2018 OFFICIAL VENDORS PMC COMMERCIAL INTERIORS 18 SOUTH MARKLEY STREET GREENVILLE, SC 29601 DIVERSIFIED RESOURCES GROUP 6410 ATLANTIC BLVD STE 340 PEACHTREE CORNERS, GA 30071 MODERN BUSINESS SYSTEMS 1445 GREENE STREET AUGUSTA, GA 30901 Attachment B Yes Yes Yes E-Verify Number 714824 405480 139296 SAVE Form Yes Yes Yes Addenums 1 & 2 Yes Yes Yes Subtotal $98, 333.63 82,822.00 $96,132.32 Installation Cost $14, 401.50 $6,500.00 $3,625.00 Total $112, 735.13 $89,322.00 $99,757.32 Subtotal $12, 067.23 $9, 463.00 $14,406.88 Installation Cost 0 $1, 300 $3,500.00 Total $12, 067.23 $10, 763.00 $17,906.88 Furniture and Shelving $124, 802.36 $100, 085.00 $117, 664.20 Furniture Pricing Total Number Specifications Mailed Out: 20 Total Number Specifications Download (Demandstar): 12 Total Electronic Notifications (Demandstar): 41 Mandatory Pre-Bid/Telephone Conference: 11 Total packages submitted: 4 Total Non-Compliant: 0 Shelving Pricing Grand Total The following vendor withdrawn their bid: MCWATERS, INC / 3708 BENCHMARK DRIVE / AUGUSTA, GA 30909 ITB #18-275 Furnishings for Maxwell Branch for Augusta, Georgia- Central Services Department - Facilities Maintenance Division Bid Due: Tuesday, September 25, 2018 @ 11:00 a.m. Page 1 of 1 Administrative Services Committee Meeting 2/12/2019 1:05 PM Award Bid Item #18-275 Contract for Maxwell Furnishings Department:Central Services - Facilities Presenter:Takiyah A. Douse Caption:Award the contract to furnish and install furnishings for the Maxwell Library Renovation project to the low bidder, PMC Commercial Interiors Inc. of Greenville, SC, in the amount of $124,802.36. (ITB 18-275) Background:Construction on renovations and additions to the Maxwell Branch Library at 1927 Lumpkin Road are underway. As part of the project, the furnishings are to be replaced and Invitation to Bid (ITB) 18-275 was issued through the Augusta Procurement Department to obtain pricing. Bids were received on September 25, 2018. Analysis:Four (4) vendors responded to Bid Item #18-275. McWaters, Inc. withdrew their bid. Of the three (3) remaining bids, the lowest compliant bid was submitted by PMC Commercial Interiors of Greenville, SC. Financial Impact:Award the contract to furnish and install furnishings for the Maxwell Library Renovation project to the lowest compliant bidder, PMC Commercial Interiors in amount of $124,802.36. Alternatives:1. Award the contract to furnish and install furnishings for the Maxwell Library Renovation project to the lowest compliant bidder, PMC Commercial Interiors Inc., in the amount of $124,802.36. 2. Do not award Recommendation:Award the contract to furnish and install furnishings for the Maxwell Library Renovation project to the low bidder, PMC Commercial Interiors Inc., in the amount of $124,802.36. Funds are Available in the Following Accounts: This project is funded through SPLOST for Renovations to the Maxwell Branch Library. Accounts 328-05-1120/5423110/JL 217055205 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Invitation to Bid Sealed bids will be received at this office until Friday, November 2, 2018 @ 11:00 a.m. for furnishing: Bid Item #18-304 Dome Style Service Truck – for Augusta, GA Central Services Department – Fleet Maintenance Bid Item #18-307 Hydro Excavator Trailer – for Augusta, GA Central Services Department – Feet Maintenance Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, October 19, 2018 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. No bids may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle September 27, October 4, 11, 18, 2018 Metro Courier September 27, 2018 OFFICIAL VENDORS Ditch Witch Of Georgia 5430 GA Hwy 85 Forest Park, GA 30297 P&H Supply 101 Lennox Avenue Warrenton, GA 30828 Vermeer Southeast 1320 Gresham Road Marietta, GA 30062 Border Equipment 2804 Wylds Road Augusta, GA 30909 Jet Vac Equipment 5746 Broad Street Sumter, SC 29154 Environmental Products of Georgia 4410 Wendell Dr. SW Atlanta, GA 30336 Adams Equipment, Inc 6971 Oak Ridge Commerce Way Austell, GA 30168 Attachment B Yes Yes Yes Yes Yes Yes Yes E-Verify Number 501622 217394 111350 705362 804190 312637 224309 SAVE Form Yes Yes Yes Yes Yes Yes Non-Compliant 6.01 Initial Equipment Training Included Included Included NB Included Included Included 6.02 Delivery Charge Included Included Included NB Included Included Included 6.03 Extra Set of Keys (3 Total)Included Included Included NB Included Included Included 6.04 Extra User's Manual (2 ea)Included Included Included NB Included Included Included 6.05 Parts Manual (1 ea)Included Included Included NB Included Included Included 7.01 LED Flood Light Set $155.00 Included Not Available Included Included $1,195.00 Included 7.02 Amber Beacon Included Included Included Included Included $390.00 Included 7.03 4" Dig, Suck and Blow DSB Wand/High Pressure Water and Sucking Wand $1,459.00 Included $930.00 Included Included $950.00 Included Year 2019 2019 2018/or 2019 2018 2018 2018/2019 2018 Brand Ditch Witch Ring-O-Matic Vermeer Ring- O- Matic Pacific TEK Pacific TEK Vector Model HX30 550VX Vactron 4573SDT 550 VX HI CFM PV500-DHO-W-T PV500DHOT4F-DIW-T MS500 Price $47,767.00 $68,750.00 $77,574.00 $73,920.00 $62,878.55 $86,659.00 $102,500.00 Approximate Delivery Schedule 60 Days 60-120 Days Based On Issuance of PO/or Bid Award 60 Days Dec. 18, 2018 6-8 Weeks ARO 120 Days i Bid Opening Item #18-307 Trailer Mounted Hydro Excavator for Augusta, Georgia- Central Services Department-Fleet Maintenance Division Bid Due: Friday, November 2, 2018 @ 11:00 a.m. Total Number Specifications Mailed Out: 12 Total Number Specifications Download (Demandstar): 2 Total Electronic Notifications (Demandstar): 61 Mandatory Pre-Bid/Telephone Conference: N/A Total packages submitted: 7 Total Non-Compliant: 1 7.00 Optional Equipment 6.00 Additional Items To Be Included In Pricing: Page 1 of 1 Administrative Services Committee Meeting 2/12/2019 1:05 PM Bid Item #18-307 - 2019 - Utilities Fort Gordon Hydro Excavator Department:Central Services Department - Fleet Management Presenter:Ron Crowden Caption:The Utilities Department - Gordon Division requests the purchase of one new Trailer Hydro Excavator from Jet-Vac Equipment. (ITB 18-307) Background:The Utilities Department - Fort Gordon Division, requires this equipment because it is essential to mitigate damage that is frequently caused to pipes and electrical lines through the course of digging operations on Fort Gordon. . The prevention of accidents through the use of a Hydro Excavator can alleviate costly property damage and help prevent the risk of injury or death to workers and the public. As an added bonus, the trailer hydro Excavator creates smaller repair holes versus the much larger holes done through manual digging. The Department currently does not possess this equipment, so when an emergency occurs, this service is contracted out to a local vendor as an emergency response. Additionally, in their current situation, when they need to dig, there is at least a 3-day wait for a technician to come down and identify the locations of pipes and electrical systems in the ground. If the Department has this equipment on hand they will have the capacity to respond to emergencies without outside support. It also allows them to avoid having to wait for a technician to identify ground hazards to address an issue or perform needed maintenance immediately. The bid tab sheet for Bid 18-307: Trailer Hydro Excavator is attached for your review. Analysis:The Procurement Department published a competitive bid (18- 307)using the Demand Star application for a Trailer Hydro Excavator. Invitations to bid were sent to nine vendors. The lowest priced vendor did not meet the requested specifications in the bid. Bid 18-307: Trailer Hydro Excavator: 2018 Pacific TEK PV500-DHO-W-T – Jet-Vac Equipment: $62,878.55 (Sumter, SC); 2019 Ditch Witch HX30 – Ditch Witch of GA: $47,767.00 (Forest Park, GA); 2019 Ring-O-Matic 550VX – P & H Supply: $68,750.00 (Warrenton, GA); 2019 Vermeer Vactron 4573SDT- Vermeer Southeast: $77,574.00 (Marietta, GA) 2018 Ring-O- Matic 550 VX HI CFM – Border Equipment: $73,920.00 (Augusta, GA); 2019 Pacific TEK PV500DHOT – Environmental Products of GA: $86,659.00 (Atlanta, GA); 2018 Vector MS500 – Adams Equipment Inc: $102,500.00 (Austell, GA) Financial Impact:1 – 2018 Trailer Hydro Excavator @ $62,878.55.00 each. The total purchase is $62,878.55 for the Utilities Department - Fort Gordon Division. The equipment will be purchased with department capital funds (ACCT# 506-04-3430/54.22510). Alternatives:(1) Approve the request; (2) Do not approve the request Recommendation:Approve the purchase of one – 2018 Pacific TEK PV500-DHO- W-T for the Utilities Department – Fort Gordon Division. Funds are Available in the Following Accounts: Capital Funds from Utilities Department, Fort Gordon Division: 506-04-3430/54.22510 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission CC-6 Georgia Department of Community Affairs Community HOME Investment Program CERTIFICATION AS TO CONFLICT OF INTEREST Name of Applicant/Co-Applicant: ____________ This is to certify that we are not aware of any conflict of interest that exists between the family benefitting from the receipt of CHIP funds and any person who is an employee, agent, consultant, officer, or elected official or appointed official of the state, the City of Augusta, Georgia (Name of State Recipient or Sub-recipient) or of the (Name of administrator, if applicable) whom are in a position to participate in a decision making process or are responsible for the administration or oversight of the Community HOME Investment Program. Signature of Applicant Date Signature of Co-Applicant (if applicable) Date Signature of Certifying Officer of State Recipient/Sub-recipient Date Signature of Administrator (if applicable) Date Administrative Services Committee Meeting 2/12/2019 1:05 PM CHIP Grant__ Homeowner Rehab Conflict of Interest Certifications (4) Department:Housing and Community Development Department Presenter:Hawthorne Welcher, Jr., Director Caption:Motion to provide the Mayor authorization to sign the CHIP Grant Homeowner Rehab Conflict of Interest Certifications (4). Background:The purpose of the Georgia Department of Community Affair’s (DCA), Community HOME Investment Program (CHIP) is to provide safe, decent, and affordable housing in Georgia by granting funds to city and county governments, public housing authorities, and nonprofits to rehabilitate owner-occupied homes and build and renovate affordable single family homes for sale to eligible homebuyers. Augusta, Georgia was awarded 2018 CHIP funds, in the amount of $612,000.00, by the Georgia Department of Community Affairs. The Augusta Commission approved HCD to receive the award on May 15, 2018 and the Grant Agreement was executed June 11, 2018. HCD proposes to complete five (5) new constructions and five (5) homeowner rehabilitations. Four (4) homeowner rehabilitations have been identified, completed the necessary documentation, and are ready to move forward. However, before HCD can move forward with rehabilitation activities, each homeowner has to certify that they are not aware of any conflict of interest that exists with the acceptance of CHIP funds. Please see addresses listed as below: 1. * 3414 Jewel Drive (30906) 2. * 502 First Avenue (30904) 3. * 1337 Conklin Avenue (30901) 4. * 1522 Koger Street (30904) Analysis:The approval authorizing the Mayor to sign the Certifications will allow HCD to move forward with the process of preparing the homeowners applications to forward to DCA. The certification is required for each homeowner participating in the Community Home Reinvestment Program rehabilitation project and must be submitted by Augusta, Georgia to DCA prior to approving project commencement. Financial Impact:There is no financial commitment with the Certification Process. Once DCA provides approval, HCD will submit final application requesting the distributions of funds. Alternatives:Not Any Recommendation:Motion to provide the Mayor authorization to sign the CHIP Grant_ Homeowner Rehab Conflict of Interest Certifications (4) Funds are Available in the Following Accounts: Project Funds include… a)HOME Investment Partnership Grant (HOME) and b)Georgia Department of Community of Affairs Community HOME Reinvestment Program (CHIP). REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Homebuyer Name Property Address HOME Program – Homebuyer Written Agreement Page 1 of 5 HOME PROGRAM HOMEBUYER WRITTEN AGREEMENT NOTICE TO HOMEBUYER: This AGREEMENT contains a number of requirements you must fulfill in exchange for the federal assistance you are receiving through the Home Investment Partnerships Program (HOME Program). Be sure to read each paragraph carefully and ask questions regarding any sections you do not fully understand. This AGREEMENT will be enforced by a forgivable loan and mortgage as set forth below. You should be sure that you thoroughly understand these documents before you sign them. THIS AGREEMENT, made and entered into this ____ day of _ ___________, 2019 by and between ______________________ hereinafter referred to as “BORROWER,” and AUGUSTA HOUSING & COMMUNITY DEVLOPMENT having its principal office at 925 Laney Walker Blvd, 2nd Floor, Augusta, Georgia 30901, hereinafter referred to as “LENDER.” WHEREAS, on ___________________, the Lender agreed to provide to the Borrower financial assistance to be used in pursuit of the purchase of certain real property hereafter described: _Map Parcel #____________________ and _________________________________________. WHEREAS, a percentage of said financial assistance was provided in the form of a Forgivable Loan, hereinafter referred to as a “LOAN,” with said Loan being in the amount of Twenty Five Thousand & 00/100_($25,000.00)__, subject to the condition that the Borrower executes this Agreement. WHEREAS, the Forgiveness Loan is funded by the U.S. Department of Housing and Urban Development (“hereafter HUD”) via the HOME Investment Partnership Program (hereafter “HOME Program”), and restrictions apply to the Borrower when participating in the City of Augusta’s Forgiveness Loan Program. NOW THEREFORE, in consideration of the said Loan and in accordance with the provisions of State of Georgia Statues, the parties do hereby agree as follows: The Borrower covenants and agrees with the Lender to adhere to the following HOME Program Restrictions imposed on them for the federal assistance provided: Affordability Period You must comply with the HOME Program’s period of affordability. The period of affordability for the home will be 20 years, based on the amount of the direct subsidy to the HOMEBUYER. During this 20 year period, the HOMEBUYER must maintain the home as his/her principal place of residence at all times. During this time the recapture restriction is effective and requires all HOME funds that were provided for the purchase of the home to be repaid to the City, including principal, Homebuyer Name Property Address HOME Program – Homebuyer Written Agreement Page 2 of 5 interest, late fees, and other charges, if you do not occupy the property as your principal residence or if you sell or transfer the property. Maximum Sales Price The property may not have a purchase price for the type of single family housing that exceeds 95% of the median purchase price for the area. It has been verified that the purchase price of the housing does not exceed 95 percent (95%) of the median purchase price of homes for the area, as set forth in 24 CFR Part 92.254(a). The maximum purchase price is as follows for the Augusta Richmond County GA: Unit # FHA Limits Pre-Economic Stimulus Act Existing Homes New Homes 1 Unit $ 143,000 $ 228,000 2 Unit $ 182,000 $ 292,000 3 Unit $ 221,000 $ 353,000 4 Unit $ 274,000 $ 438,000 Unadjusted Median Value $ 150,000 $ 240,000 Appraised property value The AWARDEE certifies that a certified property appraiser has appraised the property that is the subject of this AGREEMENT at a value of $______________________________. Principal residence requirement This agreement shall remain in force throughout the affordability period as long as the home remains the principal residence of the HOMEBUYER. Should the HOMEBUYER not maintain the home as his/her principal residence, or rent or sell the residence to another party, the HOMEBUYER will be in breach of this agreement and will be required to repay the amount awarded, as of the day the home is no longer the principal place of residence of the HOMEBUYER. If the home is sold to another party, the liability of the HOMEBUYER will be limited to the amount of the net proceeds of the sale as set forth below. ________Buyer Initials Recapture Agreement This is a mechanism to recapture all or a portion of the direct HOME subsidy if the HOME recipient decides to sell the house within the affordability period at whatever price the market will bear. The recaptured funds will come from the net proceeds if available. Any such repayment as required shall be made to the Lender no later than thirty (30) days following the action that require the repayment. Homebuyer Name Property Address HOME Program – Homebuyer Written Agreement Page 3 of 5 Obligation of Repayment As security of Borrower’s obligation of repayment, and subject to the terms and conditions of this Agreement, the Borrower grants, and the Lender shall and hereby does have, a lien on the real estate hereinafter described in the full amount necessary to satisfy said repayment obligation and the cost, including reasonable attorney’s fees, of collecting the same. The real estate subject to said lien is legally described as: INSERT LEGAL DESCRIPTION OF PROPERTY Promptly after the date of any sale, transfer or other conveyance of the above describe property, or in the event of a sale by contract for deed, at least ten (10) days prior to the date of such sale; or if the property shall cease to be the Borrower’s principal place of residency, the Borrower or his/her heirs, executors, or representatives shall give the lender notice thereof. In the event the Borrower or his/her heirs, executors, or representatives shall fail or refuse to make a required payment within said limited period, the Lender may, with or without notice to the Borrower, foreclose said lien in the same manner as an action of the foreclosure or mortgages upon said real estate, as provided by State Statue. Ownership of Property You must hold fee simple title to the property purchased with HOME funds for the duration of your Forgiveness Loan. Use of HOME funds The HOMEBUYER agrees that the HOME assistance will be used to lower the cost of the home by providing down payment assistance. This will reduce the sales price of the home to the HOMEBUYER and reduce the total amount the HOMEBUYER will be required to borrow in order to purchase the home. ________Buyer Initials Household Income You must be an eligible household through the time of filing a loan application with the City or other lender to the escrow closing of the purchase transaction. Income eligibility means that your annual gross household income, adjusted for household size does not exceed eighty percent (80%) of the Augusta-Aiken median income, as established by HUD. Insurance requirement The HOMEBUYER must at all times during the duration of this AGREEMENT maintain a valid and current insurance policy on the home for the current appraised or assessed value of the home. Failure Homebuyer Name Property Address HOME Program – Homebuyer Written Agreement Page 4 of 5 to maintain a valid and current insurance policy will be considered a breach of this AGREEMENT, and the AWARDEE will have the right to foreclose on its mortgage lien if necessary to protect the HOME Program investment. Property standards Pursuant to HOME Program rules, the property that is the subject of this AGREEMENT must meet all State and local housing quality standards and code requirements. If no such standards or codes apply, the property must at a minimum meet the HUD Section 8 Housing Quality Standards/Uniform Physical Condition Standards. Termination Clause In the event of foreclosure or deed in lieu of foreclosure of Prior Security Deed, any provisions herein or any provisions in any other collateral agreement restricting the use of the Property to low or moderate-income households or otherwise restricting the Borrower’s ability to sell the Property shall have no further force or effect. Any person (including his successors or assigns) receiving title to the Property through a foreclosure or deed in lieu of foreclosure of a Prior Security Deed shall receive title to the Property free and clear from such restriction. Further, if any Senior Lien Holder acquires title to the Property pursuant to a deed in lieu of foreclosure, the lien of this Security Instrument shall automatically terminate upon the Senior Lien Holder’s acquisition of title, provided that (i) the Lender has been given written notice of a default under the Prior Security Deed and (ii) the Lender shall not have curved the default under the Prior Security Deed within the 30-day notice sent to the Lender.” This Agreement shall run with the aforementioned real estate and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, representatives, successors and assigns. If at any time that the City realizes that you have falsified any documentation or information, you may be required by law to pay the full amount of subsidy provided. ________Buyer Initials Post Purchase Requirement Homeowner must attend a Post Homeownership Counseling class and submit a certificate of completion to AHCD within the first two years of purchasing the house. AHCD will not release the lien on the property until this requirement has been met. _______Buyer Initials IN WITNESS WHEREOF, the Borrower has executed this Forgiveness Loan Repayment Agreement. Homebuyer Name Property Address HOME Program – Homebuyer Written Agreement Page 5 of 5 ___________________________________________ Date___________________________ HOMEBUYER SIGNATURE Attest: Subscribed and sworn to before me __________________________________, 20____. My Commission Expires ______________________________________, 20____. ______________________________________ Notary Signature Administrative Services Committee Meeting 2/12/2019 1:05 PM HCD_ Homebuyer Subsidy Approval Requests (2) Department:Housing and Community Development Department Presenter:Hawthorne Welcher, Jr., Director Caption:Motion to approve Housing and Community Development Department’s (HCD's) request to provide HOME funding to assist two (2) low to moderate income homebuyers with gap financing, downpayment and closing costs to purchase homes. Background:Augusta, GA’s (administered by HCD) Home Subsidy Program is a loan, given to a prospective homeowner in the form of a second mortgage. This financial assistance is combined with a primary loan (first mortgage loan) from a participating lending institution and enables a qualified first-time home buyer to become a homeowner. The buyer must be a first-time home buyer and the home must become the buyer’s primary residence. The program is funded by the U.S. Department of Housing and Urban Development (HUD) and administered by Augusta, GA’s Housing and Community Development Department (HCD). The program promotes neighborhood stability by assisting with the gap financing towards the purchase price and closing costs for homes located within the limits of Augusta-Richmond County and in conjunction with local Community Housing Development Organizations (CHDOs). Two applications awaiting approval to move forward with the process of becoming a homeowner are: 1. 30 Ash Street (30901)- Requesting: $25,000 Sales Price: $ 147,000.00 2. 2890 Pepperdine Drive (30815)- Requesting: $25,000 Sales Price: $ 170,500.00 Each application has a first mortgage from a lending institution but needs the subsidy to complete the process. A prospective homeowner is only eligible to receive upwards of $25,000 if they are purchasing a single- family dwelling from one of our area Community Housing Development Organizations (CHDOs). Once approved, Lenders will schedule closing and the applicant will soon be on their way to homeownership in Augusta – Richmond County. Analysis: The approval of the applications (2) will enable two individuals to become homeowners and “Make the American Dream a Reality”. Approval will also have a positive impact on the community by increasing the tax base in Augusta, Georgia. Financial Impact:The City receives funding from the US Housing and Urban Development Department (HUD) on an annual basis. This approval would be for the amount of $50,000.00 ($25,000 each) given in the form of a second mortgage (non-amortizing loan wherein there is no monthly repayment and only due at the time of transfer, and/or death), and shown as a second lien against said property. Alternatives:Do Not Approve HCD's request Recommendation:Motion to approve Housing and Community Development Department’s (HCD's) request to provide HOME funding to assist two (2) low to moderate income homebuyers with gap financing, downpayment and closing costs to purchase homes. Funds are Available in the Following Accounts: Housing and Urban Development (HUD) Funds: a)HOME Investment Partnership (HOME) funds. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Name of Homebuyer & Property Address HOME Program – Homebuyer Written Agreement Page 1 of 5 HOME PROGRAM HOMEBUYER WRITTEN AGREEMENT NOTICE TO HOMEBUYER: This AGREEMENT contains a number of requirements you must fulfill in exchange for the federal assistance you are receiving through the Home Investment Partnerships Program (HOME Program). Be sure to read each paragraph carefully and ask questions regarding any sections you do not fully understand. This AGREEMENT will be enforced by a forgivable loan and mortgage as set forth below. You should be sure that you thoroughly understand these documents before you sign them. THIS AGREEMENT, made and entered into this ____ day of _ _, 20 by and between _______________________________ hereinafter referred to as “BORROWER,” and AUGUSTA HOUSING & COMMUNITY DEVLOPMENT having its principal office at 925 Laney Walker Blvd, 2nd Floor, Augusta, Georgia 30901, hereinafter referred to as “LENDER.” WHEREAS, on ___________________, the Lender agreed to provide to the Borrower financial assistance to be used in pursuit of the purchase of certain real property hereafter described; MAp Parcel #_____________________ and WHEREAS, a percentage of said financial assistance was provided in the form of a Forgivable Loan, hereinafter referred to as a “LOAN,” with said Loan being in the amount of Five Thousand & 00/100_($5,000.00)__, subject to the condition that the Borrower executes this Agreement. WHEREAS, the Forgiveness Loan is funded by the U.S. Department of Housing and Urban Development (“hereafter HUD”) via the HOME Investment Partnership Program (hereafter “HOME Program”), and restrictions apply to the Borrower when participating in the City of Augusta’s Forgiveness Loan Program. NOW THEREFORE, in consideration of the said Loan and in accordance with the provisions of State of Georgia Statues, the parties do hereby agree as follows: The Borrower covenants and agrees with the Lender to adhere to the following HOME Program Restrictions imposed on them for the federal assistance provided: Name of Homebuyer & Property Address HOME Program – Homebuyer Written Agreement Page 2 of 5 Affordability Period You must comply with the HOME Program’s period of affordability. The period of affordability for the home will be ____________years, based on the amount of the direct subsidy to the HOMEBUYER. During this ___________ year period, the HOMEBUYER must maintain the home as his/her principal place of residence at all times. During this time the recapture restriction is effective and requires all HOME funds that were provided for the purchase of the home to be repaid to the City, including principal, interest, late fees, and other charges, if you do not occupy the property as your principal residence or if you sell or transfer the property. Maximum Sales Price The property may not have a purchase price for the type of single-family housing that exceeds 95% of the median purchase price for the area. It has been verified that the purchase price of the housing does not exceed 95 percent (95%) of the median purchase price of homes for the area, as set forth in 24 CFR Part 92.254(a). The maximum purchase price is as follows for the Augusta Richmond County GA: Unit # FHA Limits Pre-Economic Stimulus Act Existing Homes New Homes 1 Unit $ 143,000 $ 228,000 2 Unit $ 182,000 $ 292,000 3 Unit $ 221,000 $ 353,000 4 Unit $ 274,000 $ 438,000 Unadjusted Median Value $ 150,000 $ 240,000 Appraised property value The AWARDEE certifies that a certified property appraiser has appraised the property that is the subject of this AGREEMENT at a value of $_________________. Principal residence requirement This agreement shall remain in force throughout the affordability period as long as the home remains the principal residence of the HOMEBUYER. Should the HOMEBUYER not maintain the home as his/her principal residence, or rent or sell the residence to another party, the HOMEBUYER will be in breach of this agreement and will be required to repay any amount that has not yet been forgiven, as set forth in Section 5 of the AGREEMENT, as of the day the home is no longer the principal place of residence of the HOMEBUYER. If the home is sold to another party, the liability of the HOMEBUYER will be limited to the amount of the net proceeds of the sale as set forth in Section 7 below. ________Buyer Initials Name of Homebuyer & Property Address HOME Program – Homebuyer Written Agreement Page 3 of 5 Recapture Agreement This is a mechanism to recapture all or a portion of the direct HOME subsidy if the HOME recipient decides to sell the house within the affordability period at whatever price the market will bear. The recaptured funds will come from the net proceeds if available. Any such repayment as required shall be made to the Lender no later than thirty (30) days following the action that require the repayment. Obligation of Repayment As security of Borrower’s obligation of repayment, and subject to the terms and conditions of this Agreement, the Borrower grants, and the Lender shall and hereby does have, a lien on the real estate hereinafter described in the full amount necessary to satisfy said repayment obligation and the cost, including reasonable attorney’s fees, of collecting the same. The real estate subject to said lien is legally described as: ALL THAT LOT OR PARCEL OF LAND, situated, lying and being in the City of Augusta, Richmond County, Georgia bounded North by Tobacco Road, the South by Willis Foreman Road, the East by Peach Orchard Road, and the West by US Highway #1. Parcel # 151-2-008- 00-0. Property recorded as 2910 Pepperdine Drive, Hephzibah, Georgia 30815. Promptly after the date of any sale, transfer or other conveyance of the above describe property, or in the event of a sale by contract for deed, at least ten (10) days prior to the date of such sale; or if the property shall cease to be the Borrower’s principal place of residency, the Borrower or his/her heirs, executors, or representatives shall give the lender notice thereof. In the event the Borrower or his/her heirs, executors, or representatives shall fail or refuse to make a required payment within said limited period, the Lender may, with or without notice to the Borrower, foreclose said lien in the same manner as an action of the foreclosure or mortgages upon said real estate, as provided by State Statue. Ownership of Property You must hold fee simple title to the property purchased with HOME funds for the duration of your Forgiveness Loan. Use of HOME funds The HOMEBUYER agrees that the HOME assistance will be used to lower the cost of the home by providing down payment assistance. This will reduce the sales price of the home to the HOMEBUYER and reduce the total amount the HOMEBUYER will be required to borrow in order to purchase the home. ________Buyer Initials Name of Homebuyer & Property Address HOME Program – Homebuyer Written Agreement Page 4 of 5 Household Income You must be an eligible household through the time of filing a loan application with the City or other lender to the escrow closing of the purchase transaction. Income eligibility means that your annual gross household income, adjusted for household size does not exceed eighty percent (80%) of the Augusta-Aiken median income, as established by HUD. Insurance requirement The HOMEBUYER must at all times during the duration of this AGREEMENT maintain a valid and current insurance policy on the home for the current appraised or assessed value of the home. Failure to maintain a valid and current insurance policy will be considered a breach of this AGREEMENT, and the AWARDEE will have the right to foreclose on its mortgage lien if necessary to protect the HOME Program investment. Property standards Pursuant to HOME Program rules, the property that is the subject of this AGREEMENT must meet all State and local housing quality standards and code requirements. If no such standards or codes apply, the property must at a minimum meet the HUD Section 8 Housing Quality Standards/Uniform Physical Condition Standards. Termination Clause In the event of foreclosure or deed in lieu of foreclosure of Prior Security Deed, any provisions herein or any provisions in any other collateral agreement restricting the use of the Property to low or moderate-income households or otherwise restricting the Borrower’s ability to sell the Property shall have no further force or effect. Any person (including his successors or assigns) receiving title to the Property through a foreclosure or deed in lieu of foreclosure of a Prior Security Deed shall receive title to the Property free and clear from such restriction. Further, if any Senior Lien Holder acquires title to the Property pursuant to a deed in lieu of foreclosure, the lien of this Security Instrument shall automatically terminate upon the Senior Lien Holder’s acquisition of title, provided that (i) the Lender has been given written notice of a default under the Prior Security Deed and (ii) the Lender shall not have curved the default under the Prior Security Deed within the 30-day notice sent to the Lender.” This Agreement shall run with the aforementioned real estate and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, representatives, successors and assigns. If at any time that the City realizes that you have falsified any documentation or information, you may be required by law to pay the full amount of subsidy provided. ________Buyer Initials Name of Homebuyer & Property Address HOME Program – Homebuyer Written Agreement Page 5 of 5 Post Purchase Requirement Homeowner must attend a Post Homeownership Counseling class and submit a certificate of completion to AHCD within the first two years of purchasing the house. AHCD will not release the lien on the property until this requirement has been met. _______Buyer Initials IN WITNESS WHEREOF, the Borrower has executed this Forgiveness Loan Repayment Agreement. HOMEBUYER: ___________________________________________ Date___________________________ HOMEBUYER AUGUSTA, GA: __________________________________________ Date_____________________________ AUGUSTA, GA Attest: Subscribed and sworn to before me __________________________________, 20____. My Commission Expires ______________________________________, 20____. ______________________________________ Notary Signature Administrative Services Committee Meeting 2/12/2019 1:05 PM HCD_Down Payment Assistance Request Department:Housing and Community Development Department Presenter:Hawthorne Welcher, Jr., Director Caption:Motion to approve Housing and Community Development Department’s (HCD's) request to provide funding to assist one (1) low to moderate income homebuyer with down-payment assistance to purchase a home. Background:Augusta, GA’s (administered by HCD) Down Payment Assistance Program is a loan, given to a prospective homeowner in the form of a second mortgage. This financial assistance is combined with a primary loan (first mortgage loan) from a participating lending institution and enables a qualified first-time home buyer to become a homeowner. The buyer must be a first- time home buyer and the home must become the buyer’s primary residence. The program is funded by the U.S. Department of Housing and Urban Development (HUD) and administered by Augusta, GA’s Housing and Community Development Department (HCD). The program promotes neighborhood stability by assisting with down payment towards the purchase price and closing costs for homes located within the limits of Augusta-Richmond County. One application awaiting approval to move forward with the process of becoming a homeowner is: 1. 2145 Crosley Street (30906) The application has a first mortgage from a lending institution but needs down payment assistance to complete the process. A prospective homeowner is only eligible to receive up to $5,000 if they are purchasing a single-family dwelling in Augusta Richmond County. Once approved, Lenders will schedule closing and the applicant will soon be on their way to homeownership in Augusta – Richmond County. Analysis:The approval of the application (1) will enable an individual to become a homeowner and “Make the American Dream a Reality”. Approval will also have a positive impact on the community by increasing the tax base in Augusta, Georgia. Financial Impact:The City receives funding from the US Housing and Urban Development Department (HUD) on an annual basis. This approval would be for the amount of $5,000 given in the form of a second mortgage (forgiven on the fifth year of the closing date), and shown as a second lien against said property until forgiven. Alternatives:Do not approve HCDs Request Recommendation:Motion to approve Housing and Community Development Department’s (HCD's) request to provide funding to assist one (1) low to moderate income homebuyer with down-payment costs to purchase home. Funds are Available in the Following Accounts: Housing and Urban Development (HUD) Funds: a)HOME Investment Partnership Grant (HOME) funds. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Invitation to Bid Sealed bids will be received at this office until Tuesday, September 25, 2018 @ 3:00 p.m. for furnishing: Bid Item #18-270 Roof Replacement Wallace Branch Library for Augusta, GA – Central Services Department Bid Item #18-271 Main Library Flooring Replacement for Augusta, GA – Central Services Department Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. A Mandatory Pre Bid Conference for Bid Item 18-270 will be held on Thursday, September 6, 2018 @ 10:00 a.m. in the Procurement Department, 535 Telfair Street, Room 605, Augusta, GA 30901. A Mandatory Site Visit will follow. A Mandatory Pre Bid Conference for Bid Item 18-271 will be held on Thursday, September 6, 2018 @ 3:00 p.m. in the Procurement Department, 535 Telfair Street, Room 605, Augusta, GA 30901. A Mandatory Site Visit will follow. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Tuesday, September 11, 2018 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference an eligible bidder must submit a completed and signed written application to become a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project. An eligible bidder who fails to submit an application for approval as a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project, and who otherwise meets the requirements for approval as a local bidder, will not be qualified for a bid preference on such eligible local project. No bids may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. A 100% performance bond and payment bond will be required for award. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle August 9, 16, 23, 30, 2018 Metro Courier August 9, 2018 OFFICIAL VENDORS Continental Flooring 9319 N 94TH Way Suite 1000 Scottsdale, AZ 85258 Pivotal Retail Group, LLC 889 Franklin Gateway SE Suite 100 Marietta, GA 30067 Cad's Home Improvement Inc. 1711 Morning Dove Cobbtown, GA 30420 United Grounds Maintenance Ser 31 Jay Boy Lane Glennville, GA 30427 Kirkland's Flooring 657 N Belair Rd Evans, GA 30809 Fogels Carpet 2825 Washington Rd, Suite N-1 Augusta, GA 30909 CCS Flooring 811 Laney Walker Augusta, GA 30901 * H&H Concrete 1820 Fairview Ave Augusta, GA 30909 Bonitz Flooring 3719 Benchmark Dr. Augusta, GA 30909 Attachment B Yes Yes Yes Yes Yes Yes Yes Yes Yes E-Verify Number 75232 679282 286430 121232 496836 318495 AFFD.1339871 225579 Addendums 1-3 Yes Non-Compliant Yes Yes Yes Non-Compliant Yes Yes Yes SAVE Form Yes Yes Yes Yes Yes Yes Yes Yes Yes Square Ft.8, 700 8, 744 9, 000 10, 000 8, 937 9, 100 9, 778 9, 000 9, 793 Price $3, 500 $21, 860.00 $2,000.00 $21, 300 $2, 066 $2,775.00 $7, 202.00 $2,000.00 $4, 493 Linear/sq. Ft. 8, 700 8, 744 9,000 10, 000 9, 485 9, 100 10, 801/9778 9,000 9, 793 Price $45, 888.00 $42, 758.16 $27,100.00 $70, 032.19 $46, 323.00 $6,014.00 $42, 081.36 $27,100.00 $31, 331.00 Total Bid Price $48, 388.00 $64, 618.16 $29,100.00 $91, 332.19 $48, 389.00 $57, 500.00 $49, 283.36 $29,100.00 $35, 824.00 Total Bid Price $48, 388.00 $64, 618.16 $29,100.00 $91, 332.19 $48, 389.00 $57, 500.00 $49, 283.36 $29,100.00 $35, 824.00 * Local Vendor Option - Highlighted in blue The following vendor submitted a "No Bid" Response: Ram Enterprises / 1519 E. Ann St / Montgomery, AL 36107 Bid Opening Item #18-271 Main Library Flooring Replacement for Augusta, Georgia- Central Services Department-Facilities Maintenance Division Bid Due: Tuesday, October 9, 2018 @ 3:00 p.m. Pricing - Carpet Tiles Removal & Disposal Total Number Specifications Mailed Out: 16 Total Number Specifications Download (Demandstar): 5 Total Electronic Notifications (Demandstar): 57 Mandatory Pre-Bid/Telephone Conference: 10 Total packages submitted: 9 Total Non-Compliant: 2 Installation LVT Tiles w/Accessories Page 1 of 1 HNH TO: THROUGH: FROM: DATE: SUBJECT: -fr. ff l::llP,":d " e s D ep r"T.:,:*.,", I A lonnie \fimbedy, Deputy Director 276oPetch Orchard Road, Augusta GA 30906 (706) 821-2426 Phone fl06)799-5077 Fax MEMORANDUM ifi5/ Geri Sams, Director, Procurement Departmentlr'4 Mrs. Takiyah Douse, Director, Central Services Department Mr. Lonnie C. Wimberly, Deputy Director - Central Services Department, Facilities Division February 4,2019 Bid ltem #18-271Main Library Flooring Replacement Bids were received on October 9, 2018 for the referenced Bid ltem. Cad's Homelmprovement lnc. of Cobbtown, GA submitted the lowest compliant bid totaling $29,100.00. H&H Concrete of Augusta, GA opted to exercise the Local Vendor Optioiby matching the bid of the lowest non-local bidder. We recommend awarding to ifaft Concrete of Augusta, GA at the bid price of $2g,1OO.OO. Thank you for your assistance in securing these prices and your hard work moving us tothis point. Please do not hesitate to call if you have any questions or need additional clarification. Lonnie Wimberly Takiyah Douse Administrative Services Committee Meeting 2/12/2019 1:05 PM ITB 18-271 Main Library Flooring Replacement Department:Central Services Department - Facilities Maintenance Presenter:Takiyah A. Douse Caption:Motion to approve Bid # 18-271 and award the contract to proceed with the Main Library Flooring Replacement under the Local Vendor Option to H & H Concrete of Augusta, GA in the amount of $29,100.00. Background:The Augusta Public Library System is comprised of the Headquarters Library on Greene Street and five branches scattered throughout the greater Augusta, Georgia area. The Headquarters Library opened in 2010 across the street from the previous main branch location, currently the Office of the Public Defender – Willie Mays Building. In its new location, the number of patrons using the Main Library has increased tremendously. Due to the high volume of traffic at the circulation desk, in the meeting room and corridors the carpet tiles are worn and needs replacing. Analysis:Several bids were received for the referenced bid on October 9, 2018. H & H Concrete of Augusta, GA accepted the Local Vendor Option and submitted the lowest compliant bid in the amount of $29,100.00. Financial Impact:Nine bids were received for the referenced bid on October 9, 2018. H & H Concrete of Augusta, GA accepted the Local Vendor Option in the amount of $29,100.00 and was deemed as the the lowest most responsive bid. Alternatives:1. Award the contract for the Main Library Flooring Replacement to H & H Concrete of Augusta, GA in the amount of $29,100.00. 2. Do not award. Recommendation: Award the contract for the Main Library Flooring Replacement to CAD’s Home Improvement, Inc. Cobbtown, GA in the amount of $29,100.00. Funds are Available in the Following Accounts: Funds are available in account: 272-06-5110. REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Invitation to Bid Sealed bids will be received at this office until Tuesday, December 11, 2018 @ 11:00 a.m. for furnishing: Bid Item #18-316 Webster Detention Center Building Automation System Upgrade for Augusta, GA – Central Services Department – Facilities Maintenance Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. A Mandatory Pre Bid Conference will be held on Tuesday, November 27, 2018 @ 10:00 a.m. in the Procurement Department, 535 Telfair Street, Room 605, Augusta, GA 30901. A Mandatory Site Visit will follow. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Wednesday, November 28, 2018 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. No bids may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. A 10% Bid Bond and a 100% performance bond and payment bond will be required for award. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle October 25, November 1, 8, 16, 2018 Metro Courier October 25, 2018 OFFICIAL VENDORS Attachment "B"E-Verify SAVE Form Bid Bond Bid Price Trane 804 Trane Road Augusta, GA 30909 Yes 205981 Yes Yes $228,395.00 Bid Opening Bid Item #18-316 Webster Detention Center Building Automation System Upgrades for Augusta, GA - Central Services Department- Facilities Maintenance Department Bid Due: Tuesday, December 11, 2018 @ 11:00 a.m. Total Number Specifications Mailed Out: 24 Total Number Specifications Download (Demandstar): 4 Total Electronic Notifications (Demandstar): 42 Mandatory Pre-Bid Attendees: 2 Total packages submitted: 1 Total Noncompliant: 0 Page 1 of 1 Administrative Services Committee Meeting 2/12/2019 1:05 PM ITB 18-316 Webster Detention Center Building Automation System Upgrade Department:Central Services Department, Facilities Maintenance Division Presenter:Takiyah A. Douse Caption:Motion to approve bid to award the contract for Webster Detention Center Building Automation System Upgrades to Trane of Augusta, GA, in the amount of $228,395.00. Bid Item 18-316. Background:The Charles B. Webster Detention Center was constructed in 1997 as a satellite facility for the Richmond County Jail, operated by the Richmond County Sheriff’s Office. The original building automation control system, installed in 1997, is manufactured by Siemens Corporation. The automation system has failed and must be replaced. Analysis:One bid was received for the referenced purchase on December 11, 2018. Trane, of Augusta, GA, submitted the lowest compliant bid in the amount of $228,395.00. Financial Impact:The contract amount is $228,395.00. Alternatives:1. Award the contract for Webster Detention Center Building Automation System Upgrades to Trane, of Augusta, GA, in the amount of $228,395.00. 2. Do not award. Recommendation:Award the contract for Webster Detention Center Building Automation System Upgrades to Trane, of Augusta, GA, in the amount of $228,395.00. Funds are Available in the Following Accounts: Funds are available in account: 329-05-1120. REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Administrative Services Committee Meeting Commission Chamber - ll29l20l9 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; Sias, Chairman; Clarke, Vice Chairman; Few, member. Absent: Hon. Davis, member. ADMINISTRATIVE SERVICES 1. Discuss the Administrator's response to salaries and personnel of Juvenile ltem Court. (Requested by Commissioner Marion Williams) Action: Approved Motions f#:"' Motion rext Motion to approve allocating additional funding in the amount of $138,000 for the Juvenile ^ .-,. Court budget and charge Commissioner CommissionerApprove it to the Gineral Fund Johnny Few John clarke Passes Contingency with the salary structure to be included. Motion Passes 3-0. 2. The Animal Services Department is requesting approval to replace two Item Animal Transport Trucks for the Animal Services Department - ITB 18-174. Action: Approved Made By seconded By HXi,' Motions i'#:"' Motion rext Approve Motion Result Passes Made By Seconded By Motion to Commissioner Commissionerapprove. Johnny Few Sammie Sias Motion Passes 3-0. 3. Establish the "Administrative Policies and Procedures Subcommittee". The Item subcommittee will address the PPP Manual and other needed policy Action: and revisions. Approved @equested by Commissioner Sammie Sias) Motions [].'1" Motion Text Made By seconded By Motion'l'ype ''---- -r -------- -J Result Motion to approve with members to include Mr. a -._--__^ Hasan, Mr. D. Williams, Commissioner Commissioner'-rr'-'- Mr. Few, Mr. Sias and Johnny Few John Clarke Mr. Clarke. Motion Passes 3-0. 4. The Engineering Department's Storm Water Division requests the purchase of ltem two replacement Agricultural Utility Tractors for mowing. Bid Item #18-289 Action: Tractor Agricultural Utility. Approved Motions Motion rf,_.!^_- m_--1 rr r h ^ Motion;""'"" Motion Text Made By Seconded By'f'ype - ------ -'t --------- -" Result Motion to Commissioner CommissionerApprove approve. __,-_ ;;-; -- ; ------:--;. ---- Passes M;il;p"sses 3-0. John Clarke Sammie Sias 5. Motion to approve Housing and -Community Development Department's Item (HCD's) contract procedural process (as presented for calendar year 2019) Action: relative to authorization of Agreements/Contracts/flUD Forms. Approved Motions Motion .: _ _- T Motion- ----- Motion Text Made By Seconded By'f'YPe '''--- -r Result Approve Motion to approve Commissioner Commissioner Passes amending the flow chart John Clarke Sammie Sias with the inclusion of Item 1A for the Commission to provide input into where investments are made in the City to effect changes for shared prosperity regarding issues of poverty and homelessness. Motion Passes 3-0. 6. Motion to approve HCD's Laney Walker/Bethlehem Revitalization Project Item contract procedural process (as presented for calendar year 201,9) relative to Action: authorization of Agreements/Contracts/Task Orders. Approved Motions Motion Text Made By Seconded By Motion Result Motion to approve with an amendment of the flow chart to include Item ^Approve 2A which allows for --- commissioner Commissioner A , ? John Clarke Johnny Few Passes uommlsston tnput ats indicated in Item 5. Motion Passes 3-0. 7. Motion to approve the minutes of the Administrative Services Committee held Item on January 8,2019. Action: Approved Motions Motion Made Seconded Motioniyp.- Motion Text By By Resurt It was the consensus of the Committee that this item be approved unanimously. 8. Discuss authorizing Planning & Development and Human Resources to ltem research compensation paid in the various positions in Planning & Action: Development and determine a competitive pay range that enables the Approved department to attract and retain qualified employees. (Requested by Mayor Pro- Tem Sean Frantom) Motions Motion Motion Text Made By seconded By MotionTYPe Result Motion to approve tasking the Planning & Development Director to come back to the committee in 30 days with a comprehensive recommendation concerning this matter that will include how much money is paid to train the inspectors, whether the Approve inspector should be commissioner commissioner -. , . , John Clarke Johnny Few Passes requlreo to worK lor tne City for a certain amount of time after training has been completed, how would this action improve customer service and how much money is charged, if any, by inspectors in other departments to do their reviews. Motion Passes 3-0. www.augustaqa.gov Administrative Services Committee Meeting 2/12/2019 1:05 PM Minutes Department: Presenter: Caption:Motion to approve the minutes of the Administrative Services Committee held on January 29, 2019. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Page 1 of 22 IN THE STATE AND MAGISTRATE COURTS OF RICHMOND COUNTY STATE OF GEORGIA ORDER Pursuant to the provisions of O.C.G.A. §42-8-101, the Judges of the State and Magistrate Courts of Richmond County, with the approval of the consolidated government of Augusta, Georgia, the governing authority of said County (hereinafter “Augusta”), do hereby modifycontinue the established county system ofto provide probation supervision, counseling, collection services for persons convicted in these courts and placed on probation in Richmond County and provide express written authorization for Augusta to enter into written contracts with corporations, enterprises, or agencies to provide probation supervision, counseling, collection services for all moneys to be paid by a defendant according to the terms of the sentence imposed on the defendant as well as any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, and other probation services for persons convicted in these courts and placed on probation in Richmond County. The final contract negotiated by Augusta with the private probation entity shall be attached to the approval by Augusta to privatize probation services as an exhibit thereto. The termination of a contract for probation services as provided for in this subsection may be initiated by the chief judge of the court which is subject to such contract and shall be subject to approval by Augusta and in accordance with the agreed upon, written provisions of such contract. These current services of supervision, counseling and collection are to be administered through a Probation Services Office (hereinafter “P.S.O.”), which is a division of the Richmond County State Court, shall continue to provide the services of supervision, counseling and Page 2 of 22 collection until the effective date of the contract by Augusta with a private probation entity. Upon the effective date of the private probation services contract, the Probation Services Office shall be abolished. Until such time as it is abolished, Tthe P.S.O. shall have probation and supervisory jurisdiction of all misdemeanor offenses authorized by statute. The P.S.O. shall be authorized to provide any other such services as deemed appropriate and as ordered by said Courts. Until such time as it is abolished, Tthe P.S.O. of said Richmond County Courts is hereby authorized to collect a monthly probation supervision fee of an amount set by the P.S.O. not to exceed the maximum amount allowed by law, to be paid into the general funds of Augusta, Georgia, if such fee is authorized by the sentencing judge and is contained in the sentencing order. Until such time as it is abolished, Tthe P.S.O. is authorized by this Order to proceed with the supervision and enforcement of any provisions of a defendant’s sentence by order of the courts, including the supervision and enforcement of a probated or suspended sentence, and to do any and all acts necessary and proper to carry into effect the orders of these courts. Richmond County Probation Services Advisory Board Until such time as the Probation Services Office is abolished, Tthere is hereby created the Richmond County Probation Services Board (hereinafter “Board”) shall be in place and . The Board shall be comprised of the Chief Judge of State Court, the Chief Judge of Magistrate Court, the Augusta, Georgia Administrator and the Chair of the Public Safety Committee. In the absence of said Judges, each court may, during said absence, substitute that representative with another judge; and, any judge of said Courts may participate in discussions. The Commission Page 3 of 22 member’s term of service as a member of the Board will run concurrent with the position as Chair of the Public Safety Committee. The Board shall have the following duties: 1. Prescribe the knowledge, skills and abilities required for Chief Probation Officer; 2. Recommend comments on the performance appraisal of the Chief Probation Officer to the Chief Judge of State Court; 3. Approve the default supervision fee amount when such amount is not stated by the sentencing court; 4. Review and approve standard operating procedures including supervision and other procedures and make recommendations, including any changes, in that regard; 5. Review regular reports, such as those summarizing rates of compliance, fines and fee collection, community service, and attendance at court-ordered programs; and 6. Consider and review requests from the Augusta, Georgia Board of Commissioners regarding modifications to the probation services program or this Order. Chief Probation Officer and Probation Officers Until such time as the Probation Services Office is abolished, Tthe re is hereby created position of Chief Probation Officer shall remain, as authorized and approved by the governing authority of said county. The Chief Probation Officer shall be appointed by a hiring panel and shall serve at the pleasure of the Chief Judge of State Court. The hiring panel for the Chief Probation Officer shall consist of the Augusta, Georgia Administrator, the Augusta, Georgia Human Resources Director, the Court Administrator of the State Court, and at least one (1) outside consultant with probation expertise as agreed by the Chief Judge of the State Court and Page 4 of 22 the Augusta, Georgia Administrator. The Chief Probation Officer shall report directly to the Chief Judge of State Court and as needed through his/her designee and shall serve at the will of the Chief Judge of State Court. In the event of a vacancy in the positon of Chief Probation Officer, the Chief Judge of State Court may appoint an Interim Chief Probation Officer that shall serve until the position of Chief Probation Officer is filled by the hiring panel. The Chief Probation Officer shall hire all Probation Officers, Probation Office Supervisors and all support staff and such employees shall serve at the will of the Chief Probation Officer. The Chief Probation Officer and other Probation Officers shall have such duties, responsibilities, and authority as a probation officer under existing Georgia law, except as may be inconsistent with this Order, the Official Code of Georgia Annotated, or except as may be specifically modified from time-to-time, in writing by the Board. The Chief Judge of State Court, in coordination with the Board and the Augusta, Georgia Human Resources Department, shall establish a job description for the Chief Probation Officer, and other Probation Officers and staff, which job description shall set out in such detail as deemed appropriate, the duties, responsibilities, and authority of the Chief Probation Officer and Probation Officers and staff. Chief Probation Officer, Probation Officers and Staff Officers and employees of the P.S.O. will at all times observe and comply with all laws, ordinances, and regulations of the federal, state, and local governments which may in any manner affect the performance of this Agreement. Officers and employees of the P.S.O. shall comply with the O.C.G.A. §42-8-101, et seq., as well as all standards and qualifications as set forth by the DCS and/or P.O.S.T. and/or this Order and/or the Chief Judge of State Court, and shall comply with any rules and regulations promulgated by the DCS Board, and/or P.O.S.T. Page 5 of 22 and/or the Chief Judge of State Court to include any amendments as may be made from time to time. The standards and qualifications for officers and employees of the P.S.O. shall include: 1. Richmond County Probation Employee Requirements: A. Administrative/Support Staff: (1) Will be at least 18 years of age; (2) Will receive training concerning and sign a confidentiality statement agreeing to hold the identity of offenders and records confidential. A copy of the statement will be maintained in the employee’s personnel file; (3) Will sign a statement cosigned by the Chief Probation Officer that the employee has received an orientation on the rules of the Department of Community Supervision, (hereinafter “DCS”), as well as operations guidelines relevant to that employee’s job duties. A copy of the statement will be maintained in the employee’s personnel file; and, (4) Consent to a criminal background check; and, (5) All hires for administrative staff shall have the educational requirements provided in DCS Board Rule 105-2-.09 (6) The following persons are not eligible for employment as an administrative or support staff person: a. A person convicted of a felony; b. A person with misdemeanor convictions sufficient to establish a pattern of disregard for the law; c. A person with a conviction, guilty plea or nolo contendere to any misdemeanor involving moral turpitude; Page 6 of 22 d. A person with an outstanding warrant; and, e. A person with pending charges for felony, domestic violence or misdemeanors involving moral turpitude. f. All training shall comply with DSC Board Rules 105-22-.09 and 105-2.12 B. Probation Officer Standards: (1) Will be at least 21 years of age at time of appointment; (2) Will be eligible to serve as a Probation Officer as defined in O.C.G.A. §42-8- 100, will be registered with DCS, approved by DCS and be in compliance with all DCS training standards or have proof of successful completion of the P.O.S.T. basic course of training for supervision of probationers and parolees, or P.O.S.T. Certified as a peace officer. A Probation Officer terminated for failure to maintain the ability to serve as a Probation officer is not eligible for re-hire until they have obtained such designation. (3) Will have completed a standard two-year college course of study (90 quarter hours/60 semester hours) or have four years law enforcement experience at the time of appointment; (4) Documentation of education, law enforcement experience, P.O.S.T. certification, and authorization to serve as a Probation officer pursuant to O.C.G.A. §42-8-100 shall be maintained in the employee’s personnel file; (5) Will sign a statement cosigned by the Chief Probation Officer that the employee has received an orientation on the rules of the DCS as well as operations guidelines relevant to that employee’s job duties. A copy of the statement will be maintained in the employee’s personnel file; Page 7 of 22 (6) Will receive training in and sign a confidentiality statement agreeing to hold the identity of offenders and records confidential. A copy of the statement will be maintained in the employee’s personnel file; and, (7) Consent to a criminal background check; and, (8) The following persons are not eligible for employment as a Probation Officer: a. A person convicted of a felony; b. A person with misdemeanor convictions sufficient to establish a pattern of disregard for the law; c. A person with a conviction, guilty plea or nolo contendere to any misdemeanor involving moral turpitude; d. A person with an outstanding warrant; and, e. A person with pending charges for felony, domestic violence or misdemeanors involving moral turpitude. i.e. Supervising Probation Officers: Probation Officers in positions where they supervise other probation officers must be P.O.S.T. Certified as a Georgia peace officer. C. Chief Probation Officer: (1) Will have a minimum of five years’ experience in corrections, parole, probation services, or other appropriate experience as approved by Department of Community Supervision Misdemeanor Probation Oversight Unit; (2) Will be P.O.S.T. Certified as a Georgia peace officer at time of application. Losing peace officer P.O.S.T certification while employed as a Chief Page 8 of 22 Probation Officer will result in termination of employment as Chief Probation Officer and such person is not eligible for re-hire as Chief Probation Officer unless they have obtained P.O.S.T. certification as a peace officer; (3)(2) Be at least 21 years of age at time of appointment; (4)(3) Will sign a DCS provided confidentiality statement agreeing to hold the identity of offenders and records confidential; (5)(4) Consent to a criminal background check; and, (6)(5) The following persons are not eligible for employment as Chief Probation Officer: a. A person convicted of a felony; b. A person with misdemeanor convictions sufficient to establish a pattern of disregard for the law; c. A person with a conviction, guilty plea or nolo contendere to any misdemeanor involving moral turpitude; d. A person with an outstanding warrant; and, e. A person with pending charges for felony, domestic violence or misdemeanors involving moral turpitude. 2. Criminal Records Checks Each employee of the Richmond County Probation Office will submit to a criminal background check completed by the DCS in accordance with O.C.G.A. § 35- 3-34. Completed fingerprint cards will be submitted with the Probation Employee Registration Form. Page 9 of 22 The Chief Probation Officer will notify the DCS and the Chief Judge of State Court in writing if that officer or other employee of the probation office has been charged, arrested, or pled guilty or nolo contendere to, or has been convicted of any misdemeanor or any felony. Notification will be made within ten (10) business days. 3. Training and Staff Development A. General All employees will receive training concerning and sign a confidentiality statement agreeing to hold the identity of offenders and records confidential. A copy of the statement will be maintained in the employee’s personnel file. All employees will be trained in the “Open Records Act” as found in O.C.G.A. §50- 18-70, through 50-18-77. A review of said Act will be conducted yearly and will be documented in the employee’s file. All employees will be trained in Part 2, of Title 42, of the Code of Federal Regulations governing confidentiality of alcohol and drug abuse patient records. A review of said regulation will be conducted yearly and will be documented in the employee’s file. B. Probation Officer Training: (1) Probation Officers will be required to be registered with DCS, approved by DCS and comply with all DCS training standards as a condition of employment; and (2) Will complete 20 hours of annual in-service continuing education training consisting of a curriculum approved by the DCS and/or P.O.S.T.; and Page 10 of 22 (3) All P.O.S.T. certified Probation Officers will comply with all annual P.O.S.T. training requirements; and (4) Training records will be maintained in the employee’s file. Probation Officers desiring to become P.O.S.T. certified as Georgia peace officers will be provided an opportunity to do so in accordance with the guidelines established by the Probation Advisory Board. C. Chief Probation Officer Training: (1) The Chief Probation Officer is subject to all of the requirements of the Probation Officer training above except that the Chief Probation Officer will have current P.O.S.T. Certification as a Georgia peace officer upon hire. Probation and Related Services Provided P.S.O agrees to provide the following misdemeanor probation services for an on behalf of the Court: 1. Attend regularly scheduled Court sessions for the purpose of obtaining sentencing information and personal history information for each offender placed on probation and provide information in regard to current probation status if relevant. Dates of regularly scheduled court sessions will be made available to P.S.O. in advance. 2. Conduct an initial interview with each probationer at the time of his or her sentencing or as soon thereafter as is practicable for purposes of explaining the scope of the court order relative to fines, fees and/or restitution imposed. All requirements and conditions of the sentence and probation supervision will be explained to the probationer. Page 11 of 22 3. Collect from probationers, court ordered fines, restitution and other costs associated with the order of the Court. 4. Prepare referrals and lend assistance to probationers either ordered to receive or desiring counseling or employment assistance. Probationers identified by the Court as having special treatment needs will be referred to appropriate community programs and their progress followed and noted in their case record. 5. Alcohol/drug testing will be provided to probationers identified by the Court as having drug or alcohol related problems. Unless otherwise ordered probationers will assume the cost of regular and random drug and/or alcohol testing. 6. Provide electronic monitoring and intensive probation services to the Court and at the direction of the Court. 7. Coordinate community service work with agencies in Richmond County and other locations when ordered as a condition of probation by the Court appropriate and consistent with the skills of the probationers. Community service work programs shall include, but not be limited to, Richmond County Correctional Institution and other work clean-up programs. 8. Maintain information in case files for each probationer regarding compliance with the terms and conditions of probation, reporting dates, contacts as they occur and the amounts and dates of monies collected. 9. All reports, files, records, and papers shall be confidential and maintained as may be required by the DCS, and shall all be available only to the Court, and to others as specifically authorized by the Court or pursuant to O.C.G.A. §42-8-108, and O.C.G.A. §42-8-109.2, as hereinafter may be amended. Page 12 of 22 10. The following records must be maintained for a period of two years and records must be available and accessible for inspection by the Augusta, Georgia government, any Judge of State or Magistrate Court, Department of Audits and Accounts or the DCS upon request: a. Written contracts or agreements for probation services; b. All court orders for all probationers assigned to the entity for supervision; c. All accounting ledgers and related documents; d. All payment receipts issued to probationers for all funds received; e. All probation case history and management reports and documents; f. All other documents pertaining to the case management of each probationer assigned to the entity for supervision; g. The probation entity application for registration and supporting documents submitted to the DCS; and, h. The registration approval issued to the probation entity by the DCS. 11. Provide the Clerk of Court with a monthly listing of cases for which all fines and fees have been collected. In this manner, the Clerk will be notified as to when to remit amounts owed to other authorities for which amounts are collected, including restitution. Funds shall be disbursed on a monthly basis. 12. Provide to the Chief Judges of the Courts, the Board, and to the DCS a quarterly report containing the information required by the O.C.G.A. §42-8-108, or as may be required by the DCS. This information shall also be submitted annually to the Page 13 of 22 governing authority of Augusta, Georgia through the Augusta, Georgia Clerk of Commission. Other reports shall be provided in such detail as Augusta, Georgia, the Chief Judge of State Court, Department of Audits and Accounts or the DCS may require. To the extent required by law, all records of the probation office will be open to inspection pursuant to the O.C.G.A. §42-8-108(b). The DCS may produce aggregate reports summarizing statewide probation activities. 13. Reconcile all records with the Clerk’s Office on a monthly basis. 14. Assist the Court and law enforcement authorities in tracking absconders through the submission of a report that details the probationer’s personal history and employment information, the circumstances of his/her violation and his/her last known whereabouts. 15. If a determination is made that the probationer is lacking the resources to be able to make weekly or monthly payments, every effort will be made to convert the remaining fines or costs to community service hours. Probationers will be credited a dollar amount determined by the Court for each one (1) hour of community service performed and, the Court shall determine the procedure for determining eligibility. 16. All efforts will be made to deal promptly with indigent cases at the mid-point juncture, if not earlier, in order that there will be enough time remaining on the sentence for an appropriate disposition. 17. When the P.S.O receives confirmed notice or verifies information that a probationer has committed a material breach in conforming to the conditions of probation, it shall take appropriate contempt of court and/or revocation of probation action to bring the Page 14 of 22 breaches to the attention of the Court. The P.S.O. shall receive from the Court an executed court operating procedure that outlines the timelines associated with the reporting of probationer non-compliance. 18. Make every effort to provide consistent supervision so that each probationer generally has only one probation officer during the term of probation. 19. No Probation Officer or employee will engage in any employment, business, or activity that interferes or conflicts with the duties and responsibilities of this agreement. 20. No Probation Officer or employee shall have personal or business dealings, including the lending of money, with any probationers. 21. Provide to the Court as requested written reports on defendants on probation that appear before the Court for arraignment, trial or other hearings. 22. In the event criminal offenses are decriminalized by the Georgia Legislature, P.S.O. will monitor and collect fines and/or fees in such cases as may be required by the Court. 23. When probationers have consecutive sentences officers shall comply with the requirements of O.C.G.A. § 42-8-103.1 24. Provide the capability to accept payments by credit card and by any other method. Any fees or costs shall be paid by probationers. 25. Maintain on its staff a Spanish speaking employee who is appropriately qualified to communicate with Spanish speaking probationers/offenders to ensure that these individuals fully understand their obligations to the Court. Page 15 of 22 26. Maintain sufficient staffing levels and standards of supervision including the type and frequency of contacts that are in compliance with the agreed upon Court operating procedures. As determined by the Court, supervision levels will be as follows: a. High Risk cases will be scheduled at a minimum of once a month for face to face meetings. Probation officers will maintain an average caseload of 250 active participants; b. Standard cases will be scheduled at a minimum of once a month for face to face meetings. Probation officers will maintain an average caseload of 325 active participants; c. Low Risk cases will be required to check-in via kiosk, telephone or mail-in on a monthly basis and will be scheduled at a minimum of once every 90 days for a face to face meeting. Probation officers will maintain an average caseload of 375 active participants; d. Financial Services participants will be scheduled for payment on a monthly basis and will not require face to face meetings unless non-compliant; and, e. These levels of supervision may be modified by the Court as conditions may require. f. The Chief Judge of State Court and the Chief Judge of Magistrate Court may, by order, designate additional criteria to be used for assessing the appropriate probation risk level for their court. 27. The P.S.O. shall not require probationers to continue to address probation conditions beyond the term established in the original sentence, or for a time period beyond that which is provided under appropriate tolling procedures. Page 16 of 22 28. Supervise participants of a Pretrial Intervention and Diversion program as requested by the Prosecuting Attorney and approved by the Court. 29. Provide for the supervised release of pretrial defendants as ordered and directed by the court. 30. Provide for the supervision of bond condition(s) and Temporary Protective Order compliance as ordered and directed by the court. 31. Assist in the development, implementation and reporting for grants as appropriate. 32. Attend any and all sessions of various accountability court programs as directed and supervise participants as directed. 33. Provide other services to the courts or county departments as permitted by law. Service Fees 1. Each sentence shall provide for a probation or monitoring fee and technology fee payable for each month of the probation or suspension period of the sentence. Other fees and charges shall be charged and collected as provided in this Order. All the fees and charges in this Order may be changed by the Probation Services Advisory Board or the Chief Judge of State Court at any time. Unless otherwise adjusted by the Board or the Chief Judge of State Court, starting April 1, 2018 and continuing annually on each April 1st, all of the fees and charges contained in this Order shall be increased by the annual Southeast Consumer Price Index for All Urban Consumers (CPI-U) of the previous year. In the event that the Southeast CPI-U is a negative number, the charges and fees shall remain the same for such year. The initial fees from the time this Order is executed through March 31, 2018 shall be as follows: a. One dollar ($1) per month technology fee. Page 17 of 22 b. Nine dollar ($9) one-time fee for the Georgia Crime Victim Emergency Fund. c. Thirty-two dollars ($32) per month in those cases in which the P.S.O. is collecting fines, and surcharges ordered by the Court in a probated or suspended sentence. The maximum fee imposed shall be as set forth in the O.C.G.A. §42-8-103. d. Thirty-five dollars ($35) per month in those cases in which the P.S.O. is providing probation supervision or monitoring services for conditions inclusive of victim restitution. When all special conditions of the probated or suspended sentence, other than payments of fines and surcharges, are completed, the supervision fee shall then be reduced to Thirty-two dollars ($32) per month and limited as set forth in paragraph “a”. e. The P.S.O. may charge a one-time fifteen dollar ($15) enrollment fee to defendants who require supervision of conditions of the Court’s sentence. The enrollment fee may not be charged in pay only cases in which P.S.O. is only collecting fines, and surcharges. f. All Pay Only cases including those with indigent probationers shall comply with O.C.G.A § 42-8-103. g. In cases where Restitution is ordered the collection of fees shall comply with O.C.G.A § 17-14-8(a). h. Probationers will pay for random drug and/or alcohol testing and the P.S.O. will provide such testing at a rate of fifteen ($15) for initial on-site testing and twenty- five ($25) for lab confirmations at the request of the probationer. i. Probationers will pay for electronic monitoring services and the P.S.O. will provide such services at a rate of six ($6), per day for house arrest, nine ($9) per Page 18 of 22 day for GPS tracking, eight ($8) per Portable Breath Alcohol test, six ($6) per day for MEMS in-home Breath Alcohol testing, and eleven ($11), per day for SCRAM. j. Probationers will pay for enrollment fees for the electronic monitoring services described in subsection (e) herein at the following rates: i. Electronic monitoring - $25.00; ii. GPS tracking - $40.00; iii. MEMS in-home Breath Alcohol testing - $25.00; iv. BART - $40.00; and v. SCRAM - $40.00. These enrollment fees shall be due and payable for each instance that the electronic monitoring services are ordered by the Court. k. The P.S.O. shall transfer each case to an unsupervised status and all probation supervision fees shall cease when all conditions of the probated/suspended sentence that require supervision have been successfully completed, unless the Court specifically orders otherwise. Pay only sentences shall be terminated upon full payment of the amount owed by the probationer. 2. Probation and/or the monthly probation or monitoring fees may be modified, suspended or terminated by the Court as determined necessary in the Court’s discretion. 3. Payment of fines and fees will be set according to the sentencing order of the Court. For those probationers requiring a payment plan due to financial inability to pay in full, a payment plan will be set out for each probationer by the P.S.O. The P.S.O. in Page 19 of 22 establishing each payment plan will take into consideration the ability of each probationer to pay. 4. After three months of noncompliance of the terms of probation, probation fees shall cease, the P.S.O. shall advise the Court of said noncompliance by sworn affidavit of the probation officer. Probation fees shall recommence at the conclusion of any rule nisi hearing based on the Court’s ruling. 5. The P.S.O. will complete a financial assessment on those probationers reporting financial hardships and requesting assistance. The Court will be advised of any confirmed financial hardships and appropriate sentence modifications will be sought including addressing probation supervision fees. 6. The P.S.O. will not collect probation supervision fees in advance and will not collect probation fees for any months not authorized by court order. 7. Probation supervision fees will be assessed on a monthly basis. Individuals, who are being supervised by the P.S.O. via electronic monitoring, remote alcohol testing, or GPS tracking, will not be charged a monthly probation supervision fee while on monitoring. Previously paid fees will not be reimbursed to the probationer when a conversion to community service occurs during the probated term. 8. P.S.O. fees collected from the probationer will be disbursed in accordance with O.C.G.A § 17-14-8(a). In cases not involving restitution, funds will be distributed first to Crime Victims Emergency Fund (“G.C.V.E.F.”), and the balance to the Augusta, Georgia consolidated government, to be disbursed as provided by law. 9. The P.S.O. will collect the G.C.V.E.F. fee pursuant to O.C.G.A. §17-15-13, as directed by the Court, from each probationer placed on probation as required by Page 20 of 22 Georgia law unless the Court exempts the probationer. The P.S.O. will remit all collections on a monthly basis to the Georgia Crime Victims Compensation Board. Department of Community Supervision The P.S.O. must be registered and in good standing with the Department of Community Supervision. Further, the P.S.O. must adhere to all duly promulgated rules and regulations of said Department established by DCS per O.C.G.A. §42-8-106. Term, Default and Agreement Termination Procedures Richmond County Probation Office records will be open to audit by the courts and the Augusta, Georgia Finance Department (or their designees) with appropriate written notice to ensure compliance with state law, Augusta, Georgia policy, and the rules and regulations of the DCS. Probation records will be open to inspection and investigation by the DCS or its designated representatives to determine and monitor compliance with requirements. The probation office will diligently work to correct areas of noncompliance prior or subsequent to their discovery by the DCS. Augusta, Georgia understands that the DCS has the authority to impose sanctions, deny, suspend, or revoke the registration approval of a probation entity for noncompliance with registration requirements. Augusta, Georgia further understands that the Chief Judge of State Court and the Chief Judge of Magistrate Court may, by order, implement procedures consistent with the intent of this agreement. The said Courts of Richmond County have established the Probation Services Office, with the approval and consent of the Augusta, Georgia Board of Commissioners, to directly supervise participants and probationers as set forth herein as evidenced by its execution of this agreement by its properly authorized official. Page 21 of 22 The Courts and Augusta, Georgia further agree that prior to termination or reduction of the services contained herein, the party requesting such changes shall provide at least sixty (60) days’ notice of the intended action. Termination or reduction of services may be addressed by one of the following actions: By Commission formal action after discussions with the Courts or By Order of the Court, with approval from the governing authority. The Courts and Augusta, Georgia further agree that, in the event there is action taken by the Georgia legislature causing probation services to no longer be a judicial function, this agreement shall be reconsidered by both parties within sixty (60) days of the passage of such legislation. This Order shall be effective until December 31, 2021. This Agreement may be renewed thereafter by mutual consent of the parties. This Order may be amended from time to time by mutual consent of the parties. Approvals On behalf of the Courts of Richmond County: Page 22 of 22 ____________________________________________ David D. Watkins, Chief Judge State Court of Richmond County ____________________________________________ MoniqueRobert W. Hunter Walker, Judge State Court of Richmond County ____________________________________________ Patricia W. Booker, Judge State Court of Richmond County ____________________________________________ Kellie K. McIntyre, Judge State Court of Richmond County ____________________________________________ William D. Jennings, III, Chief Judge Magistrate Court of Richmond County ____________________________________________ H. Scott Allen, Presiding Judge Magistrate Court of Richmond County On behalf of the Augusta, Georgia Government: _____________________________________________ The Honorable Hardie Davis, Jr., Mayor Page 1 of 21 IN THE STATE AND MAGISTRATE COURTS OF RICHMOND COUNTY STATE OF GEORGIA ORDER Pursuant to the provisions of O.C.G.A. §42-8-101, the Judges of the State and Magistrate Courts of Richmond County, with the approval of the consolidated government of Augusta, Georgia, the governing authority of said County (hereinafter “Augusta”), do hereby modify the established county system of probation supervision, counseling, collection services for persons convicted in these courts and placed on probation in Richmond County and provide express written authorization for Augusta to enter into written contracts with corporations, enterprises, or agencies to provide probation supervision, counseling, collection services for all moneys to be paid by a defendant according to the terms of the sentence imposed on the defendant as well as any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, and other probation services for persons convicted in these courts and placed on probation in Richmond County. The final contract negotiated by Augusta with the private probation entity shall be attached to the approval by Augusta to privatize probation services as an exhibit thereto. The termination of a contract for probation services as provided for in this subsection may be initiated by the chief judge of the court which is subject to such contract and shall be subject to approval by Augusta and in accordance with the agreed upon, written provisions of such contract. The current Probation Services Office (hereinafter “P.S.O.”), which is a division of the Richmond County State Court, shall continue to provide the services of supervision, counseling and collection until the effective date of the contract by Augusta with a private probation entity. Page 2 of 21 Upon the effective date of the private probation services contract, the Probation Services Office shall be abolished. Until such time as it is abolished, the P.S.O. shall have probation and supervisory jurisdiction of all misdemeanor offenses authorized by statute. The P.S.O. shall be authorized to provide any other such services as deemed appropriate and as ordered by said Courts. Until such time as it is abolished, the P.S.O. of said Richmond County Courts is hereby authorized to collect a monthly probation supervision fee of an amount set by the P.S.O. not to exceed the maximum amount allowed by law, to be paid into the general funds of Augusta, Georgia, if such fee is authorized by the sentencing judge and is contained in the sentencing order. Until such time as it is abolished, the P.S.O. is authorized by this Order to proceed with the supervision and enforcement of any provisions of a defendant’s sentence by order of the courts, including the supervision and enforcement of a probated or suspended sentence, and to do any and all acts necessary and proper to carry into effect the orders of these courts. Richmond County Probation Services Advisory Board Until such time as the Probation Services Office is abolished, the Richmond County Probation Services Board (hereinafter “Board”) shall be in place and shall be comprised of the Chief Judge of State Court, the Chief Judge of Magistrate Court, the Augusta, Georgia Administrator and the Chair of the Public Safety Committee. In the absence of said Judges, each court may, during said absence, substitute that representative with another judge; and, any judge of said Courts may participate in discussions. The Commission member’s term of service as a member of the Board will run concurrent with the position as Chair of the Public Safety Committee. The Board shall have the following duties: Page 3 of 21 1. Prescribe the knowledge, skills and abilities required for Chief Probation Officer; 2. Recommend comments on the performance appraisal of the Chief Probation Officer to the Chief Judge of State Court; 3. Approve the default supervision fee amount when such amount is not stated by the sentencing court; 4. Review and approve standard operating procedures including supervision and other procedures and make recommendations, including any changes, in that regard; 5. Review regular reports, such as those summarizing rates of compliance, fines and fee collection, community service, and attendance at court-ordered programs; and 6. Consider and review requests from the Augusta, Georgia Board of Commissioners regarding modifications to the probation services program or this Order. Chief Probation Officer and Probation Officers Until such time as the Probation Services Office is abolished, the position of Chief Probation Officer shall remain. The Chief Probation Officer shall be appointed by a hiring panel and shall serve at the pleasure of the Chief Judge of State Court. The hiring panel for the Chief Probation Officer shall consist of the Augusta, Georgia Administrator, the Augusta, Georgia Human Resources Director, the Court Administrator of the State Court, and at least one (1) outside consultant with probation expertise as agreed by the Chief Judge of the State Court and the Augusta, Georgia Administrator. The Chief Probation Officer shall report directly to the Chief Judge of State Court and as needed through his/her designee and shall serve at the will of the Chief Judge of State Court. In the event of a vacancy in the positon of Chief Probation Officer, the Chief Judge of State Court may appoint an Interim Chief Probation Officer that shall serve until the position of Chief Probation Officer is filled by the hiring panel. The Chief Page 4 of 21 Probation Officer shall hire all Probation Officers, Probation Office Supervisors and all support staff and such employees shall serve at the will of the Chief Probation Officer. The Chief Probation Officer and other Probation Officers shall have such duties, responsibilities, and authority as a probation officer under existing Georgia law, except as may be inconsistent with this Order, the Official Code of Georgia Annotated, or except as may be specifically modified from time-to-time, in writing by the Board. The Chief Judge of State Court, in coordination with the Board and the Augusta, Georgia Human Resources Department, shall establish a job description for the Chief Probation Officer, and other Probation Officers and staff, which job description shall set out in such detail as deemed appropriate, the duties, responsibilities, and authority of the Chief Probation Officer and Probation Officers and staff. Chief Probation Officer, Probation Officers and Staff Officers and employees of the P.S.O. will at all times observe and comply with all laws, ordinances, and regulations of the federal, state, and local governments which may in any manner affect the performance of this Agreement. Officers and employees of the P.S.O. shall comply with the O.C.G.A. §42-8-101, et seq., as well as all standards and qualifications as set forth by the DCS and/or this Order and/or the Chief Judge of State Court, and shall comply with any rules and regulations promulgated by the DCS Board, and/or the Chief Judge of State Court to include any amendments as may be made from time to time. The standards and qualifications for officers and employees of the P.S.O. shall include: 1. Richmond County Probation Employee Requirements: A. Administrative/Support Staff: (1) Will be at least 18 years of age; Page 5 of 21 (2) Will receive training concerning and sign a confidentiality statement agreeing to hold the identity of offenders and records confidential. A copy of the statement will be maintained in the employee’s personnel file; (3) Will sign a statement cosigned by the Chief Probation Officer that the employee has received an orientation on the rules of the Department of Community Supervision, (hereinafter “DCS”), as well as operations guidelines relevant to that employee’s job duties. A copy of the statement will be maintained in the employee’s personnel file; and, (4) Consent to a criminal background check; and, (5) All hires for administrative staff shall have the educational requirements provided in DCS Board Rule 105-2-.09 (6) The following persons are not eligible for employment as an administrative or support staff person: a. A person convicted of a felony; b. A person with misdemeanor convictions sufficient to establish a pattern of disregard for the law; c. A person with a conviction, guilty plea or nolo contendere to any misdemeanor involving moral turpitude; d. A person with an outstanding warrant; and, e. A person with pending charges for felony, domestic violence or misdemeanors involving moral turpitude. f. All training shall comply with DSC Board Rules 105-22-.09 and 105-2.12 B. Probation Officer Standards: Page 6 of 21 (1) Will be at least 21 years of age at time of appointment; (2) Will be eligible to serve as a Probation Officer as defined in O.C.G.A. §42-8- 100, will be registered with DCS, approved by DCS and be in compliance with all DCS training standards or have proof of successful completion of the P.O.S.T. basic course of training for supervision of probationers and parolees, or P.O.S.T. Certified as a peace officer. A Probation Officer terminated for failure to maintain the ability to serve as a Probation officer is not eligible for re-hire until they have obtained such designation. (3) Will have completed a standard two-year college course of study (90 quarter hours/60 semester hours) or have four years law enforcement experience at the time of appointment; (4) Documentation of education, law enforcement experience, P.O.S.T. certification, and authorization to serve as a Probation officer pursuant to O.C.G.A. §42-8-100 shall be maintained in the employee’s personnel file; (5) Will sign a statement cosigned by the Chief Probation Officer that the employee has received an orientation on the rules of the DCS as well as operations guidelines relevant to that employee’s job duties. A copy of the statement will be maintained in the employee’s personnel file; (6) Will receive training in and sign a confidentiality statement agreeing to hold the identity of offenders and records confidential. A copy of the statement will be maintained in the employee’s personnel file; and, (7) Consent to a criminal background check; and, (8) The following persons are not eligible for employment as a Probation Officer: Page 7 of 21 a. A person convicted of a felony; b. A person with misdemeanor convictions sufficient to establish a pattern of disregard for the law; c. A person with a conviction, guilty plea or nolo contendere to any misdemeanor involving moral turpitude; d. A person with an outstanding warrant; and, e. A person with pending charges for felony, domestic violence or misdemeanors involving moral turpitude. C. Chief Probation Officer: (1) Will have a minimum of five years’ experience in corrections, parole, probation services, or other appropriate experience as approved by Department of Community Supervision Misdemeanor Probation Oversight Unit; (2) Be at least 21 years of age at time of appointment; (3) Will sign a DCS provided confidentiality statement agreeing to hold the identity of offenders and records confidential; (4) Consent to a criminal background check; and, (5) The following persons are not eligible for employment as Chief Probation Officer: a. A person convicted of a felony; b. A person with misdemeanor convictions sufficient to establish a pattern of disregard for the law; Page 8 of 21 c. A person with a conviction, guilty plea or nolo contendere to any misdemeanor involving moral turpitude; d. A person with an outstanding warrant; and, e. A person with pending charges for felony, domestic violence or misdemeanors involving moral turpitude. 2. Criminal Records Checks Each employee of the Richmond County Probation Office will submit to a criminal background check completed by the DCS in accordance with O.C.G.A. § 35- 3-34. Completed fingerprint cards will be submitted with the Probation Employee Registration Form. The Chief Probation Officer will notify the DCS and the Chief Judge of State Court in writing if that officer or other employee of the probation office has been charged, arrested, or pled guilty or nolo contendere to, or has been convicted of any misdemeanor or any felony. Notification will be made within ten (10) business days. 3. Training and Staff Development A. General All employees will receive training concerning and sign a confidentiality statement agreeing to hold the identity of offenders and records confidential. A copy of the statement will be maintained in the employee’s personnel file. All employees will be trained in the “Open Records Act” as found in O.C.G.A. §50- 18-70, through 50-18-77. A review of said Act will be conducted yearly and will be documented in the employee’s file. Page 9 of 21 All employees will be trained in Part 2, of Title 42, of the Code of Federal Regulations governing confidentiality of alcohol and drug abuse patient records. A review of said regulation will be conducted yearly and will be documented in the employee’s file. B. Probation Officer Training: (1) Probation Officers will be required to be registered with DCS, approved by DCS and comply with all DCS training standards as a condition of employment; and (2) Will complete 20 hours of annual in-service continuing education training consisting of a curriculum approved by the DCS; and (3) All P.O.S.T. certified Probation Officers will comply with all annual P.O.S.T. training requirements; and (4) Training records will be maintained in the employee’s file. C. Chief Probation Officer Training: (1) The Chief Probation Officer is subject to all of the requirements of the Probation Officer training above. Probation and Related Services Provided P.S.O agrees to provide the following misdemeanor probation services for an on behalf of the Court: 1. Attend regularly scheduled Court sessions for the purpose of obtaining sentencing information and personal history information for each offender placed on probation and provide information in regard to current probation status if relevant. Dates of regularly scheduled court sessions will be made available to P.S.O. in advance. Page 10 of 21 2. Conduct an initial interview with each probationer at the time of his or her sentencing or as soon thereafter as is practicable for purposes of explaining the scope of the court order relative to fines, fees and/or restitution imposed. All requirements and conditions of the sentence and probation supervision will be explained to the probationer. 3. Collect from probationers, court ordered fines, restitution and other costs associated with the order of the Court. 4. Prepare referrals and lend assistance to probationers either ordered to receive or desiring counseling or employment assistance. Probationers identified by the Court as having special treatment needs will be referred to appropriate community programs and their progress followed and noted in their case record. 5. Alcohol/drug testing will be provided to probationers identified by the Court as having drug or alcohol related problems. Unless otherwise ordered probationers will assume the cost of regular and random drug and/or alcohol testing. 6. Provide electronic monitoring and intensive probation services to the Court and at the direction of the Court. 7. Coordinate community service work with agencies in Richmond County and other locations when ordered as a condition of probation by the Court appropriate and consistent with the skills of the probationers. Community service work programs shall include, but not be limited to, Richmond County Correctional Institution and other work clean-up programs. Page 11 of 21 8. Maintain information in case files for each probationer regarding compliance with the terms and conditions of probation, reporting dates, contacts as they occur and the amounts and dates of monies collected. 9. All reports, files, records, and papers shall be confidential and maintained as may be required by the DCS, and shall all be available only to the Court, and to others as specifically authorized by the Court or pursuant to O.C.G.A. §42-8-108, and O.C.G.A. §42-8-109.2, as hereinafter may be amended. 10. The following records must be maintained for a period of two years and records must be available and accessible for inspection by the Augusta, Georgia government, any Judge of State or Magistrate Court, Department of Audits and Accounts or the DCS upon request: a. Written contracts or agreements for probation services; b. All court orders for all probationers assigned to the entity for supervision; c. All accounting ledgers and related documents; d. All payment receipts issued to probationers for all funds received; e. All probation case history and management reports and documents; f. All other documents pertaining to the case management of each probationer assigned to the entity for supervision; g. The probation entity application for registration and supporting documents submitted to the DCS; and, h. The registration approval issued to the probation entity by the DCS. Page 12 of 21 11. Provide the Clerk of Court with a monthly listing of cases for which all fines and fees have been collected. In this manner, the Clerk will be notified as to when to remit amounts owed to other authorities for which amounts are collected, including restitution. Funds shall be disbursed on a monthly basis. 12. Provide to the Chief Judges of the Courts, the Board, and to the DCS a quarterly report containing the information required by the O.C.G.A. §42-8-108, or as may be required by the DCS. This information shall also be submitted annually to the governing authority of Augusta, Georgia through the Augusta, Georgia Clerk of Commission. Other reports shall be provided in such detail as Augusta, Georgia, the Chief Judge of State Court, Department of Audits and Accounts or the DCS may require. To the extent required by law, all records of the probation office will be open to inspection pursuant to the O.C.G.A. §42-8-108(b). The DCS may produce aggregate reports summarizing statewide probation activities. 13. Reconcile all records with the Clerk’s Office on a monthly basis. 14. Assist the Court and law enforcement authorities in tracking absconders through the submission of a report that details the probationer’s personal history and employment information, the circumstances of his/her violation and his/her last known whereabouts. 15. If a determination is made that the probationer is lacking the resources to be able to make weekly or monthly payments, every effort will be made to convert the remaining fines or costs to community service hours. Probationers will be credited a Page 13 of 21 dollar amount determined by the Court for each one (1) hour of community service performed and, the Court shall determine the procedure for determining eligibility. 16. All efforts will be made to deal promptly with indigent cases at the mid-point juncture, if not earlier, in order that there will be enough time remaining on the sentence for an appropriate disposition. 17. When the P.S.O receives confirmed notice or verifies information that a probationer has committed a material breach in conforming to the conditions of probation, it shall take appropriate contempt of court and/or revocation of probation action to bring the breaches to the attention of the Court. The P.S.O. shall receive from the Court an executed court operating procedure that outlines the timelines associated with the reporting of probationer non-compliance. 18. Make every effort to provide consistent supervision so that each probationer generally has only one probation officer during the term of probation. 19. No Probation Officer or employee will engage in any employment, business, or activity that interferes or conflicts with the duties and responsibilities of this agreement. 20. No Probation Officer or employee shall have personal or business dealings, including the lending of money, with any probationers. 21. Provide to the Court as requested written reports on defendants on probation that appear before the Court for arraignment, trial or other hearings. 22. In the event criminal offenses are decriminalized by the Georgia Legislature, P.S.O. will monitor and collect fines and/or fees in such cases as may be required by the Court. Page 14 of 21 23. When probationers have consecutive sentences officers shall comply with the requirements of O.C.G.A. § 42-8-103.1 24. Provide the capability to accept payments by credit card and by any other method. Any fees or costs shall be paid by probationers. 25. Maintain on its staff a Spanish speaking employee who is appropriately qualified to communicate with Spanish speaking probationers/offenders to ensure that these individuals fully understand their obligations to the Court. 26. Maintain sufficient staffing levels and standards of supervision including the type and frequency of contacts that are in compliance with the agreed upon Court operating procedures. As determined by the Court, supervision levels will be as follows: a. High Risk cases will be scheduled at a minimum of once a month for face to face meetings. Probation officers will maintain an average caseload of 250 active participants; b. Standard cases will be scheduled at a minimum of once a month for face to face meetings. Probation officers will maintain an average caseload of 325 active participants; c. Low Risk cases will be required to check-in via kiosk, telephone or mail-in on a monthly basis and will be scheduled at a minimum of once every 90 days for a face to face meeting. Probation officers will maintain an average caseload of 375 active participants; d. Financial Services participants will be scheduled for payment on a monthly basis and will not require face to face meetings unless non-compliant; and, Page 15 of 21 e. These levels of supervision may be modified by the Court as conditions may require. f. The Chief Judge of State Court and the Chief Judge of Magistrate Court may, by order, designate additional criteria to be used for assessing the appropriate probation risk level for their court. 27. The P.S.O. shall not require probationers to continue to address probation conditions beyond the term established in the original sentence, or for a time period beyond that which is provided under appropriate tolling procedures. 28. Supervise participants of a Pretrial Intervention and Diversion program as requested by the Prosecuting Attorney and approved by the Court. 29. Provide for the supervised release of pretrial defendants as ordered and directed by the court. 30. Provide for the supervision of bond condition(s) and Temporary Protective Order compliance as ordered and directed by the court. 31. Assist in the development, implementation and reporting for grants as appropriate. 32. Attend any and all sessions of various accountability court programs as directed and supervise participants as directed. 33. Provide other services to the courts or county departments as permitted by law. Service Fees 1. Each sentence shall provide for a probation or monitoring fee and technology fee payable for each month of the probation or suspension period of the sentence. Other fees and charges shall be charged and collected as provided in this Order. All the fees and charges in this Order may be changed by the Probation Services Advisory Board Page 16 of 21 or the Chief Judge of State Court at any time. Unless otherwise adjusted by the Board or the Chief Judge of State Court, starting April 1, 2018 and continuing annually on each April 1st, all of the fees and charges contained in this Order shall be increased by the annual Southeast Consumer Price Index for All Urban Consumers (CPI-U) of the previous year. In the event that the Southeast CPI-U is a negative number, the charges and fees shall remain the same for such year. The initial fees from the time this Order is executed through March 31, 2018 shall be as follows: a. One dollar ($1) per month technology fee. b. Nine dollar ($9) one-time fee for the Georgia Crime Victim Emergency Fund. c. Thirty-two dollars ($32) per month in those cases in which the P.S.O. is collecting fines, and surcharges ordered by the Court in a probated or suspended sentence. The maximum fee imposed shall be as set forth in the O.C.G.A. §42-8-103. d. Thirty-five dollars ($35) per month in those cases in which the P.S.O. is providing probation supervision or monitoring services for conditions inclusive of victim restitution. When all special conditions of the probated or suspended sentence, other than payments of fines and surcharges, are completed, the supervision fee shall then be reduced to Thirty-two dollars ($32) per month and limited as set forth in paragraph “a”. e. The P.S.O. may charge a one-time fifteen dollar ($15) enrollment fee to defendants who require supervision of conditions of the Court’s sentence. The enrollment fee may not be charged in pay only cases in which P.S.O. is only collecting fines, and surcharges. Page 17 of 21 f. All Pay Only cases including those with indigent probationers shall comply with O.C.G.A § 42-8-103. g. In cases where Restitution is ordered the collection of fees shall comply with O.C.G.A § 17-14-8(a). h. Probationers will pay for random drug and/or alcohol testing and the P.S.O. will provide such testing at a rate of fifteen ($15) for initial on-site testing and twenty- five ($25) for lab confirmations at the request of the probationer. i. Probationers will pay for electronic monitoring services and the P.S.O. will provide such services at a rate of six ($6), per day for house arrest, nine ($9) per day for GPS tracking, eight ($8) per Portable Breath Alcohol test, six ($6) per day for MEMS in-home Breath Alcohol testing, and eleven ($11), per day for SCRAM. j. Probationers will pay for enrollment fees for the electronic monitoring services described in subsection (e) herein at the following rates: i. Electronic monitoring - $25.00; ii. GPS tracking - $40.00; iii. MEMS in-home Breath Alcohol testing - $25.00; iv. BART - $40.00; and v. SCRAM - $40.00. These enrollment fees shall be due and payable for each instance that the electronic monitoring services are ordered by the Court. k. The P.S.O. shall transfer each case to an unsupervised status and all probation supervision fees shall cease when all conditions of the probated/suspended Page 18 of 21 sentence that require supervision have been successfully completed, unless the Court specifically orders otherwise. Pay only sentences shall be terminated upon full payment of the amount owed by the probationer. 2. Probation and/or the monthly probation or monitoring fees may be modified, suspended or terminated by the Court as determined necessary in the Court’s discretion. 3. Payment of fines and fees will be set according to the sentencing order of the Court. For those probationers requiring a payment plan due to financial inability to pay in full, a payment plan will be set out for each probationer by the P.S.O. The P.S.O. in establishing each payment plan will take into consideration the ability of each probationer to pay. 4. After three months of noncompliance of the terms of probation, probation fees shall cease, the P.S.O. shall advise the Court of said noncompliance by sworn affidavit of the probation officer. Probation fees shall recommence at the conclusion of any rule nisi hearing based on the Court’s ruling. 5. The P.S.O. will complete a financial assessment on those probationers reporting financial hardships and requesting assistance. The Court will be advised of any confirmed financial hardships and appropriate sentence modifications will be sought including addressing probation supervision fees. 6. The P.S.O. will not collect probation supervision fees in advance and will not collect probation fees for any months not authorized by court order. 7. Probation supervision fees will be assessed on a monthly basis. Individuals, who are being supervised by the P.S.O. via electronic monitoring, remote alcohol testing, or Page 19 of 21 GPS tracking, will not be charged a monthly probation supervision fee while on monitoring. Previously paid fees will not be reimbursed to the probationer when a conversion to community service occurs during the probated term. 8. P.S.O. fees collected from the probationer will be disbursed in accordance with O.C.G.A § 17-14-8(a). In cases not involving restitution, funds will be distributed first to Crime Victims Emergency Fund (“G.C.V.E.F.”), and the balance to the Augusta, Georgia consolidated government, to be disbursed as provided by law. 9. The P.S.O. will collect the G.C.V.E.F. fee pursuant to O.C.G.A. §17-15-13, as directed by the Court, from each probationer placed on probation as required by Georgia law unless the Court exempts the probationer. The P.S.O. will remit all collections on a monthly basis to the Georgia Crime Victims Compensation Board. Department of Community Supervision The P.S.O. must be registered and in good standing with the Department of Community Supervision. Further, the P.S.O. must adhere to all duly promulgated rules and regulations of said Department established by DCS per O.C.G.A. §42-8-106. Term, Default and Agreement Termination Procedures Richmond County Probation Office records will be open to audit by the courts and the Augusta, Georgia Finance Department (or their designees) with appropriate written notice to ensure compliance with state law, Augusta, Georgia policy, and the rules and regulations of the DCS. Probation records will be open to inspection and investigation by the DCS or its designated representatives to determine and monitor compliance with requirements. The probation office will diligently work to correct areas of noncompliance prior or subsequent to their discovery by the DCS. Page 20 of 21 Augusta, Georgia understands that the DCS has the authority to impose sanctions, deny, suspend, or revoke the registration approval of a probation entity for noncompliance with registration requirements. Augusta, Georgia further understands that the Chief Judge of State Court and the Chief Judge of Magistrate Court may, by order, implement procedures consistent with the intent of this agreement. The said Courts of Richmond County have established the Probation Services Office, with the approval and consent of the Augusta, Georgia Board of Commissioners, to directly supervise participants and probationers as set forth herein as evidenced by its execution of this agreement by its properly authorized official. The Courts and Augusta, Georgia further agree that, in the event there is action taken by the Georgia legislature causing probation services to no longer be a judicial function, this agreement shall be reconsidered by both parties within sixty (60) days of the passage of such legislation. This Order may be amended from time to time by mutual consent of the parties. Page 21 of 21 Approvals On behalf of the Courts of Richmond County: ____________________________________________ David D. Watkins, Chief Judge State Court of Richmond County ____________________________________________ Monique Walker, Judge State Court of Richmond County ____________________________________________ Patricia W. Booker, Judge State Court of Richmond County ____________________________________________ Kellie K. McIntyre, Judge State Court of Richmond County ____________________________________________ William D. Jennings, III, Chief Judge Magistrate Court of Richmond County ____________________________________________ H. Scott Allen, Presiding Judge Magistrate Court of Richmond County On behalf of the Augusta, Georgia Government: _____________________________________________ The Honorable Hardie Davis, Jr., Mayor Administrative Services Committee Meeting 2/12/2019 1:05 PM Motion to Approve Amendment to the Probation Services Order so as to allow for the Commission to enter in to a private probation services contract for misdemenor probation cases. Department:Probation Presenter:Administrator Caption:Motion to Approve Amendment to the Probation Services Order so as to allow for the Commission to enter into a private probation services contract for misdemeanor probation cases. Background:The Richmond County Probation Office is currently providing misdemeanor probation supervision services for the State Court of Richmond County and the Magistrate Court of Richmond County under the authority of the State Court Judge and pursuant to a joint agreement with the Augusta, Georgia Commission. O.C.G.A. § 42-8-101(a)(1) provides: Upon the request of the chief judge of any court within a county and with the express written consent of such judge, the governing authority of such county shall be authorized to enter into written contracts with corporations, enterprises, or agencies to provide probation supervision, counseling, collection services for all moneys to be paid by a defendant according to the terms of the sentence imposed on the defendant as well as any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, and other probation services for persons convicted in such court and placed on probation in such county. Analysis:The attached amendment will authorize the Augusta, Georgia Commission to enter into a Contract with a private probation company and for the Commission to manage such contract. Financial Impact:N/A. Alternatives:Decline to amend the Order. Recommendation:Approve. Funds are Available in the Following Accounts: N/A. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission