HomeMy WebLinkAbout2019-05-28 Meeting Minutes Finance Committee Meeting Commission Chamber - 5/28/2019
ATTENDANCE:
Present: Hons. Fennoy, Chairman; D. Williams, Vice Chairman; M.
Williams and Frantom, members.
Absent: Hon. Hardie Davis, Jr., Mayor.
FINANCE
1. Presentation by the Augusta Boxing Club regarding taxes related to the Club
for 2016 and 2018.
Item
Action:
Approved
Motions
Motion
Type Motion Text Made By Seconded By Motion
Result
Approve
Motion to
approve.
Motion Passes
4-0.
Commisioner
Sean Frantom
Commissioner
Dennis Williams Passes
2. Present 2020 Budget Planning Calendar for approval. Item
Action:
Approved
Motions
Motion
Type Motion Text Made By Seconded By Motion
Result
Delete
Motion to delete this
item from the
agenda.
Motion Passes 4-0.
Commisioner
Sean Frantom
Commissioner
Dennis Williams Passes
3. Consider contract for Property Damage Recovery Claim Services. Item
Action:
Approved
Motions
Motion
Type Motion Text Made By Seconded By Motion
Result
Delete
Motion to delete this
item from the
agenda.
Motion Passes 4-0.
Commisioner
Sean Frantom
Commissioner
Dennis Williams Passes
4. Motion to approve the minutes of the Finance Committee held on May 14,
2019.
Item
Action:
Approved
Motions
Motion
Type Motion Text Made By Seconded By Motion
Result
Approve
Motion to
approve.
Motion Passes
4-0.
Commisioner
Sean Frantom
Commissioner
Dennis Williams Passes
5. Approve funding of operating, capital, encumbrance carryover. Item
Action:
Approved
Motions
Motion
Type Motion Text Made By Seconded By Motion
Result
Approve
Motion to
approve.
Motion Passes
4-0.
Commissioner
Marion Williams
Commisioner
Sean Frantom Passes
www.augustaga.gov
Finance Committee Meeting
5/28/2019 1:10 PM
Attendance 5/28/19
Department:
Presenter:
Caption:
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
?r:.:.:'':,:*4
a:1;4
i€;1
'j::.ta
i:1,.s;'7.. ....,:i;:
i-'.;tr
t..a :
1'..;{
't,i:,-.,lfif,,
'IEia €'!'.:{3'.,
..,".."-€
::*
Scanned by Camscanner
Finance Committee Meeting
5/28/2019 1:10 PM
Augusta Boxing Club
Department:
Presenter:
Caption:Presentation by the Augusta Boxing Club regarding taxes related
to the Club for 2016 and 2018.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
AUGUSTA, GEORGIA
2020 BUDGET PLANNING CALENDAR
MAY 2019
May 28, 2019 Finance Committee approves FY2020 Budget Calendar.
JUNE 2019
June 4, 2019 Commission approves FY2020 Budget Calendar.
JULY 2019
July 18, 2019 Distribution of Budget Calendar and Instructions during department head meeting.
July 22, 2019 Departments with OneSolution access may start entering in Budget Item Detail.
AUGUST 2019
August 9, 2019 Deadline for ALL submission of budget documents to Finance.
SEPTEMBER 2019
Sept. 3-13, 2019 Departmental Work Sessions with representatives of the Administrator’s office and the
Finance Department.
September 27, 2019 Budget summary presented to Administrator by Finance Department.
OCTOBER 2019
October 15, 2019 FY2020 Proposed Budget presented to Augusta-Richmond County Commission by
the Administrator.
October 29, 2019 Publish Public Hearing Notice in newspaper.
NOVEMBER 2019
November 5, 2019 PUBLIC TOWN MEETING / COMMISSION MEETING
Public Hearing of 2020 Budget.
November 12, 2019 Publish Notice of Budget Adoption in newspaper.
November 19, 2019 Adoption of the FY2020 Budget by the Augusta-Richmond County
Commission.
JANUARY 2020
January 1, 2020 Effective date for the Fiscal year 2020 Budget.
Finance Committee Meeting
5/28/2019 1:10 PM
2020 Budget Planning Calendar
Department:Finance
Presenter:Donna B. Williams, Director
Caption:Present 2020 Budget Planning Calendar for approval.
Background:The Budget Calendar establishes tentative dates for the
completion of the various stages of the 2020 budget preparation
and adoption process.
Analysis:The calendar is presented for approval consistent with the legal
requirements in accordance with OCGA 36-81-5. The budget
calendar, as planned, will facilitate developing, reviewing and
deliberations by the legislative body, input from the citizens of
Augusta-Richmond County and adoption of FY2020 budget on a
timely basis. The budget will be adopted prior to the fiscal year
2020.
Financial Impact:N/A
Alternatives:Revise calendar, however some dates and/or time requirements
are set by state or local ordinances for example, the date of
adoption: Sec. 2-3-6 The budget shall be finally adopted by the
Commission at or before the adjournment of the regularly called
meeting on the third Tuesday of the month of November, which
meeting shall be a public meeting.
Recommendation:Approve Budget Calendar for FY2020 as indicated on the
attachment.
Funds are
Available in the
Following
Accounts:
N/A
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Exhibit A –Model PRS-Participant Agreement
AGREEMENT FOR PROPERTY DAMAGE (THIRD PARTY RESPONSIBLE) RECOVERY
SERVICES [PRS Agreement Number]
This Agreement for Property Damage (Third Party Responsible) Recovery Services (“Agreement”) is
made and entered into by and between Peachtree Recovery Services, Inc., (“Product or Service Provider”
or “PRS”) and _[Name of Eligible Entity]_ (“CLIENT”) and is effective on the date signed by both of
them (the “Effective Date”.)
RECITALS
WHEREAS, CLIENT is a municipal government or consolidated municipal/county government of the
State of Georgia; and
WHEREAS, CLIENT is eligible to purchase the Services described below (“Services”) in accordance
with the terms of this Agreement, which have been negotiated by Georgia Municipal Association, Inc.
for use by such municipal governments; and
WHEREAS, CLIENT and PRS acknowledge that this Agreement is solely between CLIENT and PRS;
and
WHEREAS, PRS warrants that it provides the Services in compliance with all applicable laws and
standards applicable to PRS’s industry; and
WHEREAS, PRS warrants that it has and will keep in effect at its sole expense all licenses, permits,
qualifications, and approvals which are legally required to provide the Services; and
WHEREAS, Exhibits A.1, A.2, A.3, and A.4 are incorporated in this Agreement as if fully restated;
NOW THEREFORE, for and in consideration of the foregoing Recitals and the mutual promises,
covenants and agreements contained herein, and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, CLIENT and PRS (each individually a “Party” and
collectively the “Parties”) agree to the Recitals above and as follows.
1. Services and Compensation
PRS will perform the services described in the Statement of Work attached as Exhibit A.1 for the
compensation described below. PRS does not provide any form of legal or tax services pursuant to this
Agreement.
a. PRS shall retain sixteen and one-half per cent (16.5%) of all amounts recovered for each claim after
deduction of any Paid Administrative Fee, any PRS Reimbursed Expenses, and any CLIENT
Litigation Costs (each defined in Exhibit A.1). PRS shall forward the remaining eighty-three and
one-half percent (83.5%) for each claim to CLIENT.
b. PRS shall pay CLIENT thirty (30) days in arrears on a monthly basis for damage claims recovered
during the previous month. Such payments shall be accompanied by an emailed or other electronic
progress report in a form similar to the form included in Exhibit A.2. PRS always will include the
Agreement number on such reports.
1
c. PRS shall provide such payments and reports to the primary contact at CLIENT set forth in
“Notices” below, and CLIENT shall notify PRS promptly of any change to the primary contact or
the primary contact’s information.
d. PRS shall not perform services for CLIENT except those listed in Exhibit A.1.
2. Performance Standards for Services and Compliance with Laws
PRS shall use its best efforts and work diligently to perform the services. PRS will comply with laws,
ordinances, rules, and regulations that directly apply to its rendering of services to CLIENT pursuant to
this Agreement. In the event it appears to CLIENT that PRS is failing to substantially comply with the
quality of services or the specified completion schedule of its duties under the Agreement, Client shall
provide written notice thereof to PRS. The notice must identify specific incidents or circumstances
comprising the conditions of the complaint. As soon as possible after receipt of said notice, the
appropriate representatives of both parties shall meet to discuss the conditions of the complaint.
3. Confidential Information and Open Records Act Compliance
Confidential Information. PRS will obtain electronic access to non-public information relating to CLIENT
and CLIENT’s property by providing a copy of this Agreement to the entity that manages electronic
databases containing such information. PRS agrees that it will only use the non-public information in these
databases in order to perform the Services. PRS reviews the information on the electronic databases and does
not download or copy information from the databases into its own information systems or paper files.
PRS affirms that it does not need to create or maintain custody of personally identifiable information that
must be safeguarded under applicable law in order to perform the Services. Personally identifiable
information includes the following: dates of birth, phone numbers, emails and account numbers of
individuals, social security numbers, medical information, or information commonly used in identity theft.
To the extent PRS reviews such information in the electronic databases, PRS shall not make any record of
such information and shall maintain the confidentiality of such information.
Notwithstanding the above, PRS will maintain contact information, checks, and other banking information
from responsible third parties and their insurance carriers. PRS shall safeguard such information as it
safeguards its own financial account information and shall keep the information confidential.
PRS will not accept credit card payments from responsible third parties and will not maintain any payment
card information as a result of this Agreement.
Open Records Act Compliance. If disclosure of information covered by this Agreement is required pursuant
to the Georgia Open Records Act (i.e., O.C.G.A. § 50-18-70, et. seq.) or other state or federal law, the
recipient may make the required disclosure provided that the recipient must, if permitted by law, advise the
other party promptly of the request for disclosure and cooperate with the other party in responding to it. The
parties shall clearly identify any document or types of documents submitted to each other that include trade
secrets and submit an affidavit with respect to such documents in accordance with O.C.G.A. § Section 50-
18-72(a)(34). The parties will follow the provisions of the O.C.G.A. § 50-18-72(a)(34) with respect to any
requests under the Georgia Open Records Act (O.C.G.A. § 50-18-70, et. seq.) for such documents.
4. Term
This Agreement shall be effective on the Effective Date and shall continue for three years unless
terminated by either Party in accordance with the Termination provisions of this Agreement. This
Agreement shall be renewed automatically under the updated terms and conditions negotiated between
the Georgia Municipal Association and PRS and provided by PRS to Client at least ninety (90) days prior
to the end of the three-year term, unless otherwise terminated in accordance with the Termination
2
provisions or unless either Party notifies the other in writing at least sixty (60) days prior to the end of the
term of a desire not to renew.
5. Indemnification
To the extent permitted by Georgia law, CLIENT shall indemnify, defend, and hold harmless PRS and its
officers, directors, agents, and employees, from and against any and all third party claims and actions
arising from CLIENT’s negligent acts, errors and/or omissions or intentional or willful misconduct in the
performance of this Agreement.
PRS shall indemnify, defend, and hold harmless CLIENT and its officers, directors, agents, and
employees, from and against any and all third party claims and actions arising from PRS’s negligent acts,
errors and/or omissions or intentional or willful misconduct in the performance of this Agreement.
6. Insurance
PRS shall maintain, throughout the term of this Agreement, at its own expense comprehensive general
liability insurance that includes contractual liability, with limits of no less than $1,000,000 per occurrence
and $2,000,000 aggregate and professional liability (errors & omissions) insurance with limits of no less
than $1,000,000 per claim and $2,000,000 aggregate. If such insurance is written on a claims-made form,
it shall continue for three years following termination of this Agreement. Said insurance policies shall
cover all activities performed by PRS, its agents, officers, and employees under this Agreement. The
coverage shall contain no special limitations on the scope of protection afforded to CLIENT.
During the term of this Agreement, PRS shall fully comply with worker compensation laws. Said
compliance shall include, but not be limited to, maintaining in full force and effect one or more policies
insuring against any liability PRS may have for worker's compensation if such a policy is required by law.
7. Federal Work Authorization Affidavit
PRS performs services for CLIENT as a result of this Agreement and compensation for services may
exceed the minimum set forth in O.C.G.A. Section 13-10-91, as amended from time to time. Pursuant to
O.C.G.A. Section 13-10-91, for as long as this Agreement remains in effect, PRS will be registered with
and participate in the federal work authorization program to verify the immigration status of newly
hired employees (“e-Verify”). PRS shall complete and execute the Service Provider E-Verify Compliance
Affidavit attached as Exhibit A.3 to this Agreement, or a similar affidavit that meets the requirements of
the law.
If PRS subcontracts any services described in this Agreement, PRS shall require the subcontractor to attest
to its compliance with O.C.G.A. Section 13-10-91, as amended from time to time, and complete and
execute the Subcontractor to a Service Provider E-Verify Compliance Affidavit attached as Exhibit A.4
or a similar subcontractor affidavit that meets the requirements of the law. PRS shall maintain any
completed affidavit and make a copy of it available to CLIENT upon request. PRS shall ensure that any
subcontractor E-Verify affidavit becomes a part of its agreement with the subcontractor.
8. Notices
All notices under this Agreement shall be in writing and shall be delivered (a) personally, with a copy by
email; (b) by overnight courier, with a copy by email; or (c) by United States mail, registered or certified,
return receipt requested, postage prepaid, with a copy by email. Notices shall be deemed received on
the date of personal delivery, the date of action receipt as indicated on the delivery invoice or return receipt
3
or the date receipt is refused; whichever is earlier. Notices shall be sent to the parties at the addresses
set forth below, or at such other addresses as the parties may provide in writing from time to time.
CLIENT:
[Name of Primary Contact at CLIENT – First Last, Title]
[Physical Address of CLIENT]
[Email of Primary Contact at CLIENT]
[Phone Number of Primary Contact at CLIENT]
PRS:
Peachtree Recovery Services, Inc.
Todd Rhoad
Vice President
7778 McGinnis Ferry Road #306
Suwanee, GA 30024
(678) 230-7594
todd.rhoad@peachtreers.com
9. Termination
a. Termination by CLIENT.
Termination for Cause. CLIENT shall have the right to terminate this Agreement: if PRS
commits a material breach of this Agreement and fails to cure such breach within thirty (30)
days after receiving written notice of the breach and CLIENT’s intention to terminate the
Agreement unless cured.
Termination for Convenience. CLIENT may terminate this Agreement for convenience
with thirty (30) days written notice to PRS.
b. Termination by PRS.
PRS may terminate this Agreement for any reason with one hundred twenty (120) days
prior written notice to CLIENT.
c. Effect of Termination.
Upon receipt of notification that this Agreement will be terminated, PRS shall notify the primary
contact at any governmental entity that manages access to non-public databases of the date of the
termination. Then PRS shall take all other necessary steps to terminate the access to such databases
that was granted to PRS solely as a result of this Agreement.
Upon receipt of notification that this Agreement will be terminated, PRS will notify all contacts for
open claims of the date the Agreement will terminate and provide instructions for the contact to
communicate directly with CLIENT about the open claims after that date.
If PRS receives a payment for a claim after the termination date, PRS shall forward the entire
payment to CLIENT without deducting any amount from the payment.
No later than one hundred twenty (120) days after the termination date, PRS shall provide CLIENT
an electronic copy of all documents PRS developed or maintained on behalf of CLIENT in order
to provide the Services.
4
10. Survival
The terms of the following Sections shall survive any termination of this Agreement:
Ownership and Use of Work Product
Confidential Information
Indemnification
Notices
Effect of Termination
Miscellaneous (Waiver and Severability, Governing Law, Dispute Resolution, No Third
Party Beneficiaries, Records Maintenance, Retention and Audit)
11. Miscellaneous
a. Waiver and Severability. The waiver of one breach or default under this Agreement will not
constitute the waiver of any subsequent breach or default. Any provision of this Agreement held
to be illegal or unenforceable will be deemed amended to conform to applicable laws or regulations,
or if it cannot be so amended without materially altering the intention of the parties, it will be
stricken and the remainder of this Agreement will continue in full force and effect.
b. Governing Law. This Agreement will be governed in all respects by the laws of the state of
Georgia, without regard to any conflict of laws principles, decisional law, or statutory provision
which would require or permit application of another jurisdiction’s substantive law. The Parties
agree that the venue of any legal or equitable action that arises out of or relates to this Agreement
shall be a court of competent subject matter jurisdiction in the county in which CLIENT is located
and the parties hereby consent to the jurisdiction of such court.
c. Dispute Resolution.
i. The Parties shall attempt in good faith to resolve any dispute arising out of or relating to
this Agreement promptly by negotiations between those who have authority to settle the
controversy. Within ten (10) business days after receipt of the notice, the receiving Party
shall submit to the other a written response. The notice and the response shall include (1)
a statement of each Party's position and a summary of arguments supporting that position,
and (2) the name and title of the person who will represent that Party and of any other
person who will accompany that person. Within ten (10) business days after delivery of
the disputing Party's notice, the representatives of both Parties shall meet at a mutually
acceptable time and place, and thereafter as often as they reasonably deem necessary, to
attempt to resolve the dispute. All reasonable requests for information made by one Party
to the other will be honored.
ii. All negotiations pursuant to this clause will be confidential and shall be treated as
compromise and settlement negotiations for purposes of the Federal Rules of Evidence and
the rules of evidence of any state.
d. No Third Party Beneficiaries. There are no intended third party beneficiaries to this Agreement.
e. Excused Performance. Neither CLIENT nor PRS shall be deemed to be in default of this Agreement
or be liable for any delay or failure in performance, resulting directly or indirectly from any act of
the elements, civil or military authority, civil disturbance, war, strike, fire, earthquake or other
cause beyond its control. The time within which PRS is required to perform in accordance with
the terms and conditions of this Agreement shall be extended for any delays caused in whole or in
5
part by CLIENT, provided however, that CLIENT notifies PRS in writing within ten (10) business
days of discovering such delays.
f. Records Maintenance, Retention and Audits. PRS shall maintain all records pertaining to this
Agreement until the earlier of the date PRS delivers an electronic copy of such records to CLIENT
or five years after termination of this Agreement. PRS’s accounting procedures and practices shall
conform to generally accepted accounting principles. Upon the request of CLIENT after reasonable
notice to PRS, PRS shall make available to CLIENT such records as may be necessary to enable
CLIENT to conduct an audit to assure that the appropriate fees have been charged to CLIENT.
Authorized representatives of CLIENT may at all reasonable times have access to review and
inspect the Agreement activities and data collected under the terms of this Agreement and any
amendments thereto. If CLIENT desires to conduct an audit of all or a portion of claims filed on
behalf of CLIENT and the amounts paid to CLIENT, it may do so after providing thirty (30) days
written notice to PRS. All books, documents, plans, papers, records, drawings, studies,
specifications, estimates, maps and computations, prepared by or for the PRS under the terms of
this Agreement, shall be available to authorized representatives of CLIENT for inspection and
review at all reasonable times in the general offices of CLIENT or the office of PRS as determined
by CLIENT. PRS shall correct, at its expense, any errors in its work. If any errors result in additional
amounts due to CLIENT, PRS shall forward such additional amounts to CLIENT promptly.
g. Subcontracting Performance of Services. PRS may subcontract with engineers, experts and others to
provide assistance to PRS in the valuation of claims without first obtaining CLIENT’s written
consent. PRS may subcontract the performance of other portions of the Services only with
CLIENT’S prior written consent.
h. Assignment of Agreement. PRS may not assign this Agreement.
i. Binding Agreement. This Agreement shall be binding upon and inure to the benefit of the legal
representatives, successors and permitted assigns of the Parties.
j. No other Agreement; Modification. This Agreement sets forth the entire understanding of the
Parties with respect to the subject matter and supersedes any prior negotiations, understandings or
agreements with respect to the subject matter hereto. Except as expressly set forth herein, neither
Party has made any statement, representation or warranty in connection herewith which has been
relied upon by the other party or which acted as an inducement for the other Party to enter into
this Agreement. This Agreement may only be modified by a writing signed by both Parties.
k. Changes in PRS Organization. PRS shall notify CLIENT in writing within five (5) business days
upon PRS taking any action to change its corporate structure, including voluntary or involuntary
bankruptcy proceedings, company mergers, company acquisitions, changes in corporate names,
changes in corporate officers, changes in governing structure, and similar relevant information.
Such notification shall identify how the change in corporate business structure will impact
CLIENT, including payments to PRS, and PRS shall identify how these impacts to CLIENT will
be mitigated.
l. Drug-Free Workplace. PRS certifies that a drug-free workplace will be provided for PRS's
employees during the performance of this Agreement.
m. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of
which when so executed shall be deemed to be an original and all of which counterparts of this
Agreement taken together shall constitute one Agreement.
6
In witness whereof, the Parties have executed this Agreement and it is effective on the Effective Date.
__________________________ (CLIENT) Peachtree Recovery Services, Inc. (PRS)
By: By:____________________________
Name: Name: ________________________
Title: Title: __________________________
Date: Date: __________________________
7
EXHIBIT A.1
STATEMENT OF WORK
Peachtree Recovery Services, Inc. (PRS) will identify the potential damaged CLIENT property
claims through online review of police reports and referrals, determine through various means
the third party responsible for the damage, and invoice and collect from the third party or
the third party’s insurance carriers on CLIENT property damage claims. PRS will perform the
following duties as part of its service.
Duties Performed by PRS
A. Process Development
PRS will develop a process for identification of damaged property, identification of the third
party responsible for the damage, identification of the third party’s insurance coverage, and
development of the cost of damages.
1. PRS shall have and exercise specific methodology authority over the method and
manner of damage claim information collection and submission to the responsible
party or their insurance carrier.
2. PRS shall monitor all statutes of limitations and make proper notice on all claims
submitted, including maintaining a status report of all pending claims that specifies
the expiration date of the corresponding statute of limitation. However, PRS shall
have no liability for any statute of limitation or notification issues.
3. Retention of Counsel and Legal Expenses. PRS may recommend claims for litigation.
[Name of Eligible Entity] (“CLIENT”) is responsible for all aspects and expenses of the
litigation process on any claim, including but not limited to the engagement of
attorneys, filing fees and court costs. PRS shall never engage an attorney or file a
legal action on behalf of CLIENT.
4. Non-litigation. Except when CLIENT’s insurance carrier is or will be involved with a
loss, PRS has complete authority to submit, sign notice of claim forms, compromise,
settle and release third parties from claims for property damage owed to CLIENT, so
long as the amount of recovery to be paid in settlement will be 75% or more of the
base damages (the amount billed minus any charged Administrative Fees and
Expenses), and to execute such documents that are necessary to its exercise of this
authority. If the amount of recovery to be paid in settlement will be less than 75% of
the base damages amount, PRS shall obtain written approval from CLIENT to perform
any such tasks. If CLIENT’s insurance policy requires the claim to be subrogated to the
8
insurance carrier or requires the amount received to be returned to the insurance
carrier, PRS shall obtain written approval from CLIENT to perform any such tasks.
5. PRS will monitor all statutes of limitations and make proper notice on all claims,
including maintaining a status report on all pending claims that specifies the
expiration date of the corresponding statute of limitation for each claim. PRS is not
liable for any statute of limitation or notification issues.
6. Recovery of claims less than three thousand dollars ($3000) by PRS will be attempted
for up to two hundred seventy days. At that time PRS will cease recovery efforts and
allow for a potential response from the responsible party and/or their insurance
company. If unrecovered after twelve (12) months and no promise of payment has
been established, PRS will close the claim as “further efforts not warranted,” provided
that PRS shall promptly notify CLIENT of any decision to close such claim, and,
thereafter, CLIENT shall be entitled to pursue such claim itself or through a third-party
without any further or other obligations to PRS hereunder relative to such claim. If a
promise of payment is established then the claim will remain open for an additional
ninety (90) days.
B. Monitoring and Assessment of Damages
PRS shall monitor electronic databases containing non-public CLIENT information for damage
to CLIENT’s roads and facilities. PRS generally shall use its own data to estimate costs for all
property damage. However, if PRS does not have appropriate data to make an assessment,
CLIENT will assist PRS as needed to determine the costs of damage. PRS maintains relevant
damage data on the following highway facilities:
1. Signs
2. Guardrail
3. Intelligent Transportation Management System (ITMS) facilities
4. Lighting
5. Signals
6. Paving
7. Bridges
8. Drainage Structures
9. Hazmat incidents
10. CLIENT vehicles and off road equipment except totaled vehicles and equipment
9
C. Identification and Pursuit
PRS shall to the extent possible:
1. Identify the individual(s) and/or company which caused the damage
2. Identify responsible third parties
3. Identify available insurance coverage maintained by the responsible third party/ies
4. Identify the specific damage to property and potential return
5. File any insurance claims with the third party’s insurance carrier and pursue the
maximum recovery available for the CLIENT
6. Support queries and inquiries about submitted claims
7. Interact with CLIENT offices of [enter departments, such as Safety and Legal
Services]as appropriate, to support negotiations with responsible individuals or parties
and/or their representatives (such as their insurance companies) regarding:
a. Payment process for non-insured motorists
b. Legal actions against responsible parties
c. Court Appearances
D. Documentation
PRS shall prepare the following:
1. Repair estimates
2. Invoices
3. Cover Letters
4. Other documentation and resources as required
E. Reporting
1. PRS shall provide electronic Monthly Reporting in a form similar to the report attached
as Exhibit A.2 to the Agreement, which shall include on a per-claim basis, the total
amount requested on behalf of CLIENT, the portion of that amount that was a Charged
Administrative Fee, the portion of that amount that was an Expense, a description of
the Expense, the amount recovered, the date of receipt, the amount compromised in
settlement, the amount retained by PRS as a Paid Administrative Fee or Reimbursed
Expense, and the amount forwarded to CLIENT.
F. Administration Fee
PRS may add to the damage claim filed a reasonable fee of no more than five hundred dollars
($500.00) for any claim for which the third party’s insurance carrier has additional
requirements during negotiations (“Charged Administrative Fee.”) A Paid Administrative Fee
means an Administrative Fee or a portion of an Administrative Fee that was fully paid by the
third party’s insurance carrier as part of the damages “on top” of the base damage claim, and
therefore may be deducted from the amount recovered and may be retained by PRS. For
example, if PRS submits a damage recovery claim in the amount of $4,500.00, which includes
a base recovery claim of $4,000.00 plus a Charged Administrative Fee of $500.00, and the
responsible third party pays the entire $4,500.00, then the $500.00 is a Paid Administrative
10
Fee. PRS will deduct the $500.00 from the amount recovered and use $4,000 as the recovery
amount when calculating the percentage due to CLIENT. In contrast, if the responsible third
party pays only $4,000.00, there is no Paid Administrative Fee and PRS will use the entire
amount recovered ($4,000.00) when calculating the percentage of the recovery amount due
to CLIENT.
G. Expenses and CLIENT Litigation Costs
a. PRS Charged Expenses. PRS may incur reasonable expenses in performing the Services,
such as expenses for structural engineering or technical certified expert reports, and
may add the amount of those expenses to the damage claim filed. Such expenses are
“PRS Charged Expenses.”
b. PRS Reimbursed Expenses are the entire PRS Charged Expense or a portion of the PRS
Charged Expense that was paid by the third party as part of the damages “on top” of
the base damage claim. PRS will deduct Reimbursed Expenses from the amount
recovered and retain them, and will not include the amount of Reimbursed Expenses
when calculating the percent of the recovery amount to forward to CLIENT. For
example, if PRS incurs an Expense of $50.00 when preparing a $4,000.00 claim, PRS
will request $4,050.00 from the responsible third party, with $50.00 being the PRS
Charged Expense. If the responsible third party pays $4,050.00, the $50.00 is a
Reimbursed Expense. PRS will keep the $50.00 and use $4,000.00 when calculating the
percentage of recovery amount due to CLIENT. In contrast, if the third party pays only
$4,000.00, PRS will not receive reimbursement for the expense and will calculate the
amount due CLIENT on the entire amount received.
c. CLIENT Litigation Costs. CLIENT is responsible for all costs of litigation, including costs
related to preparation of documents, depositions and court reported or recorded
statements, expert witness fees, and attorneys’ fees. CLIENT will include such costs in
the litigated claim for damages. When the litigated claim is settled outside of court or
resolved in court, the recovery amount first will be reduced by the amount of CLIENT’s
Litigation Costs before the remainder of the recovery amount is allocated between the
Parties. If PRS receives the payment, PRS will forward to CLIENT the entire amount of
CLIENT’s Litigation Costs and CLIENT’s portion of the remaining recovery amount to
which CLIENT is entitled. If CLIENT receives the recovery amount directly, CLIENT will
retain the entire amount of CLIENT’s Litigation Costs and will forward to PRS the
portion of the remaining recovery amount to which PRS is entitled.
11
Duties of CLIENT
A. Required Claims Referral When Damage is not Covered Under CLIENT’s
Insurance Policy
1. To prevent duplication of efforts, CLIENT shall refer all Property Damage (Third Party
Responsible) claims in excess of one hundred dollars ($100) that are not covered under
the CLIENT’s insurance policiesto PRS or notify PRS in writing of its decision to pursue
a claim on its own. CLIENT will refer such claims to PRS in an electronic format,
whenever reasonably possible. PRS will not be responsible for such claims under one
hundred dollars ($100).
2. Claims referred to PRS by CLIENT under this subsection generally cannot be recalled by
CLIENT prior to the expiration of 12 months. However, if CLIENT desires to cancel the
claim, CLIENT may notify PRS that the claim is cancelled and PRS shall no longer
pursue it.
B. Permitted Claims Referral When Damage is Covered Under CLIENT’s
Insurance Policy
1. CLIENT is solely responsible for filing claims with its own insurance carrier as it
desires. Such claims include claims related to property damage caused by a third party
that are covered by the insurance policy.
2. CLIENT may, but is not required, to refer Property Damage (Third Party Responsible)
claims that are covered under the CLIENT’s insurance policies to PRS as an alternative
to filing such claims with the CLIENT’s insurance policy, or in addition to filing such
claims with the CLIENT’s insurance policy.
3. Once CLIENT has referred a claim to PRS, the CLIENT generally may not recall the
claim prior to the expiration of 12 months. However, if CLIENT has submitted a claim
for damages to its insurance carrier and the carrier has not denied coverage for the
claim, the CLIENT may recall the claim at any time in order to comply with the
requirements of its insurance policy. PRS will have no rights to recoveries or fees for a
claim paid by CLIENT’s insurance carrier or for which CLIENT’s insurance carrier has
rights of subrogation.
4. If CLIENT’s insurance carrier has paid CLIENT for a loss that includes PD3 losses for
which PRS has obtained a recovery, CLIENT is solely responsible for notifying its
insurance carrier of the recovery and complying with the reimbursement provisions of
the insurance policy.
12
C. Cooperation
CLIENT shall appoint a primary contact who will receive monthly reports, provide guidance to
PRS about property valuations when necessary, approve or arrange for the approval of
settlements as necessary, and otherwise provide reasonable assistance to PRS in the
performance of this Agreement.
13
EXHIBIT A.2
Sample Monthly Report
14
Date
of
Accid
ent
Police
Report
#
PRS
File #
Damaged
Property
Claim
Status
Total
Reque
sted
Date
Requ
ested
Charg
ed
Admin
Fee
PRS
Charged
Expense
Expense
Descripti
on
Client
Litig.
Costs
Total
Recover
ed
%
Recov
ered
Date of
Receipt
Net Amount
Recovered
(after
deduction of
Paid
Administrativ
e Fees,
Reimbursed
Expenses,
Client Litig.
Costs)
Amount
Due to
Client
Numb
er of
Days
to
Recov
er
15
Exhibit A.3
SERVICE PROVIDER E-VERIFY COMPLIANCE AFFIDAVIT
By executing this affidavit, the undersigned Service Provider named below, which is an individual, firm,
or corporation engaged in the physical performance of services in Georgia under a contract with the
[Name of CLIENT], affirms that it has registered with, is authorized to use and uses the federal work
authorization program commonly known as E-verify, or any subsequent replacement program, in
accordance with the applicable provisions and deadlines established in O.C.G.A. §13-10-91.
Furthermore, Service Provider will continue to use the federal work authorization program throughout the
contract period and will contract for the performance of services in satisfaction of such contract only with
subcontractors who present to Service Provider an affidavit containing the information required by
O.C.C.A. §13-10-91(b). The undersigned Service Provider attests that its federal work authorization user
identification number and date of authorization are as follows:
_______________________________________ _____________________________
Federal Work Authorization User Identification Number Date of Authorization
Service Provider: Project:
Peachtree Recovery Services, Inc. Property Damage (Third Party Responsible)
Recovery Services
I hereby declare under penalty of perjury that the foregoing is true and correct.
Executed on ____________, 20___, in ___________________(city), ______________________ (state).
________________________________________ __________________________________
BY: Service Provider Authorized Officer or Agent Date
________________________________________
Printed Name and Title of Authorized Officer or Agent
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
_____ DAY OF ______________________, 20____
_________________________________________
Notary Public
My Commission Expires:
16
Exhibit A.4
SERVICE PROVIDER SUBCONTRACTOR
E-VERIFY COMPLIANCE AFFIDAVIT
By executing this affidavit, the undersigned subcontractor named below, which is an individual, firm,
or corporation engaged in the physical performance of services in Georgia under a contract with the
Peachtree Recovery Services, Inc., affirms that it has registered with, is authorized to use and uses
the federal work authorization program commonly known as E-verify, or any subsequent replacement
program, in accordance with the applicable provisions and deadlines established in O.C.G.A. §13-10-
91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization
program throughout the contract period. The undersigned subcontractor attests that its federal work
authorization user identification number and date of authorization are as follows:
_______________________________________ ___________________________________
Federal Work Authorization User Identification Number Date of Authorization
________________________________________ ___________________________________
Name of Subcontractor Name of Project
I hereby declare under penalty of perjury that the foregoing is true and correct.
Executed on ____________, 20___, in ___________________(city), ______________________
(state).
________________________________________ __________________________________
BY: Subcontractor Authorized Officer or Agent Date
________________________________________
Printed Name and Title of Authorized Officer or Agent
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
_____ DAY OF ______________________, 20____
_________________________________________
Notary Public
My Commission Expires
17
Finance Committee Meeting
5/28/2019 1:10 PM
Consider Contract for Property Damage Recovery Claim Servies
Department:Finance /Risk Management
Presenter:Donna Williams
Caption:Consider contract for Property Damage Recovery Claim
Services.
Background:Augusta's Risk Management Department manages claims for
damages to city owned property and pursues reimbursement
from parties at fault. Claims involving vehicles and facilities
typically start with prompt notification from staff located in
the department involved. Other types of damages such as
guardrails, street signs, lighting, and traffic control devices are
more challenging to detect and to determine ownership. These
could only be identified by consistently monitoring all accident
reports filed by the Sheriff's department.
Analysis:There are companies who have developed methods to scan
accident reports for these type damages and have developed data
bases to quickly identify owners of property damaged on public
right of way. Augusta researched these type services and after
speaking with other municipalities who were using this method,
solicited responses to an RPF in 2018 for proposals to provide
this service on a contingency basis. Two companies submitted
proposals. the evaluation committee selected Peachtree
Recovery Services and began fee negotiation. During the
negotiation phase, Peachtree obtained a standard contract with
Georgia Municipal Association and withdrew its previous fee
structure and offered the new GMA contract in its place. If
Augusta chooses to procure this service, the contract would now
be with GMA, who in turn has already subcontracted with
Peachtree.
Financial Impact:There is no cost to Augusta. Under the GMA contract, Peachtree
would retain 16.5% of what it collects and would remit the
remaining 83.5% to Augusta on a monthly basis. Additionally,
the contract allows Peachtree to add an administrative fee of up
to $500 to the claim, which is billed to the insurer of the at fault
party. Peachtree retains 100% of the administrative fee.
Alternatives:1. do not utilize the GMA contact and continue negotiation 2. do
not pursue obtaining this type service
Recommendation:Contract with Georgia Municipal Association if this service is
desired.
Funds are
Available in the
Following
Accounts:
N/A Augusta has no financial risk. Any proceeds collected
would be additional revenue which could help offset repair
costs.
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Finance Committee Meeting commission chamber - 5/1412019
ATTENDANCE:
Present: Hons. Fennoy, Chairman; D. Williams, Vice Chairman; M.
Williams and Frantom, members.
Absent: Hon. Hardie Davis, Jr., Mayor.
FINANCE
1. Presentation of the financial report of the three month period ended March 31, Item2019. Action:
Approved
Motions
f#:'" Motion rext
Motion to approve
A ---^_.^ receiving this item as CommissionerApprove information. Dennis Williams
Made By Motionseconded BY Resurt
Commisioner; --------'- --' PassesSean l.rantom
Motion Passes 4-0.
2. Motion to approve the minutes of the Finance Committee held on April 30, Item2019. Action:
Approved
Motions
Motion
Type
Approve
Made By Seconded ByMotion Text
Motion to
approve.
Motion Passes
4-0.
Motion
Result
Commisioner Commissioner
Sean Frantom Marion Williams Passes
www.augustaqa.gov
Finance Committee Meeting
5/28/2019 1:10 PM
Minutes
Department:
Presenter:
Caption:Motion to approve the minutes of the Finance Committee held
on May 14, 2019.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Fund Org l(ey Oblect Descrlptlon
Augusta Rlchmond County
OpeEtlngi/Encumbrane Carryover Requests
2019
Recommended
Carryover €ncumb6n@ OpeEtln&/CapltalAmount Canyover CanywerOepartment Requested (39511101 13951120) Total Notes
Flnance
Recommended
101 101-01-5410 5239110Contractlabor
101 101-10-1110 6011140 New Programs
101 Total
276 27GO3-771O 5423110 R&M - Building
216 Total
274 274-O3-4L70 5412110 Site lmprovements Fire Administration
274-03-4770 5421110 Machinery Fire Administration
274 fotal
547 547-044270 5412110 Site lmprovements Solid Waste Oisposal
541 Total
542 542-04-4770 5422210 Trucks, All Sizes Garbage Collection
581 581-044320 5211120 Contractual Seruices Stormwater
581 581-04-432052l1ll0Managementconstruction Stormwater581 581-04-4320 5424120 Software Stormwater
581 Total
252,3il 2t$n 225,W 252,3@
EmergencyTelephone System 349,533 349,533
349,s33 349,s33
ArcGlS Enterprise platfom - lmproved onllne mapptnt tools for
Augusta's teogEphlc data
Dlsparlty study carryover trom 2016 2017
Xyblx System fo. fumltur€ at the 9ll center. tnded th€ yE wlth
46.39 nct balance, thlr ftrnd wlll have to use thelrfund
349,533 balance-unres€ryed fo 3,/t04,356. Commisston approved ln 2olg
91,787
endlng the YE wlth 9fl),608.06 net balance, Btd l8-28S approved by
the Commlsslon 1l/il/J'l18ttt. Demolltlon and r€constructlon of
partint lot and drlveway at statlon 4.
ending the YE wlth 900,608.06 net balance, Bld 18-241 approved by
the Commlsslon U/6/18 ,19. lnstall new tenerato. at Statlon 6.
FO's lSEt'1V373, 18Etlv4l5, P363qr4 and P349562.
Phase 3 StaSe l, approved by Commlsstol 9l5lt7 {fi
Phase 3 Stage 1 Cell 3, approved by Commlsslon 3/G/18 t19
Deans Eddte Road MSW, approved by Comm 8l2th8tt7
EmerSency Blower Motor etc
10,485,311 ended YE wlth 2,938,962.15
request funds for Mack Roll offTruck that w.s approved by the
Commlsslon 12/19/18 r39, but delayed tn acqulrlng buslness
llcense . ended YE wlth 835,002.59
lnfq.mation Technology
Contingency
27,300 27,300
225,O@
60,982 60,982
30,805 30,805
91,787 91,787
10,485,311 10,485,311
10,4S5"3U 10,4S5"3il
166,245 156,245
166,245
1,327,590 L,327,590
433,908 433,90830,369 30,369
166,24s 156,24s
On{all D6lnat€ Easements and ponds Cuttlng/CleanlnS ContEcts
Stomwater Utlllty Fee lmplementatlon P.orect
Cltyworks SoltwarG
endln8 the YE wlth 488,353.82 net balane, thts fund wil have to1,791,866 l,79l,W l,79l,8AE use thelr retalned eamlngs of4,298,099.32.
t3,t37,102 t2,?r5,797 391,:m5 tt,t37,102GEnd Total
Finance Committee Meeting
5/28/2019 1:10 PM
Operating, Capital, Encumbrance Carryover.Request
Department:Finance
Presenter:Donna Williams, Finance Director
Caption:Approve funding of operating, capital, encumbrance carryover.
Background:Operational appropriations are encumbered as a result of
purchase orders, contracts or other forms of legal commitments.
Encumbrances outstanding at year-end are reported as a
reservation of fund balance. Operational appropriations lapse at
year-end and Capital Projects typically extend over several years
and may still require a budget amendment; however,
reappropriations of amounts to cover significant encumbrances
are made by the Augusta Georgia Commissioners during the
subsequent fiscal year as an amendment to the budget.
Analysis:Several projects, programs and large contracts for services were
approved and awarded in 2018. The funding for the contracts
was collected in 2018. In accordance with budgetary policy,
commission approval is required to carry over funding from
prior years. Approval will allow the program to continue without
any disruption of service.
Financial Impact:Funding is available in related funds' fund balance.
Alternatives:Require use of current year funding.
Recommendation:Approve use of fund balance for encumbrance carryover.
Funds are
Available in the
Following
Accounts:
101000000-3952110 $252,360; 216000000-3952110 $349,540;
274000000-3952110 $91,790; 541000000-3952110
$10,485,320; 542000000-3952110 $166,250; 581000000-
3952110 $1,791,870
REVIEWED AND APPROVED BY:
Finance
Law
Administrator
Clerk of Commission