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HomeMy WebLinkAbout2018-06-12 Meeting Minutes Public Safety Committee Meeting Commission Chamber - 6/12/2018 ATTENDANCE: Present: Hons. D. Williams, Chairman; Smith, Vice Chairman; Jefferson and Sias, members. Absent: Hons. Hardie Davis, Jr., Mayor; Sias, member. PUBLIC SAFETY 1. Motion to approve acceptance of a grant to Augusta Richmond County from the Juvenile Justice Incentive Grant Program Funding Committee in the amount of $400.00 effective July 1, 2018 for use by Richmond County Juvenile Court Multi-Systemic Therapy and Aggression Replacement Training Programs. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve with a correction in the amount of the grant to $400,000. Motion Passes 3-0. Commissioner Andrew Jefferson Commissioner Grady Smith Passes 2. Motion to approve acceptance of Criminal Justice Coordinating Council Grant Award in the amount of $173,728 to assist with operation of the State Court DUI and Veterans Court Programs. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Commissioner Andrew Jefferson Commissioner Grady Smith Passes Motion Passes 3-0. 3. Motion to approve the minutes of the Public Safety Committee held on May 29, 2018. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 3-0. Commissioner Andrew Jefferson Commissioner Grady Smith Passes 4. Motion to approve the award of RPF 18-147 Mobile Emergency Operations Center to Ten-8 Fire & Safety Equipment of Georgia, LLC and to authorize the Mayor to execute the contract. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 3-0. Commissioner Andrew Jefferson Commissioner Grady Smith Passes www.augustaga.gov Public Safety Committee Meeting 6/12/2018 1:20 PM Attendance 6/12/18 Department: Presenter: Caption: Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: AGENDA ITEM REQUEST FORM Commission meetings: First and third Tuesdays of each month - 2:00 p.m. Committee meetings: Second and last Tuesdays of each month - 1:00 p.m. Commission/Committee: (Please check one and insert meeting date) Commission Date of Meeting Public Safety Committee Date of Meeting June 12, zo.rR Public Services Committee Date of Meeting Administrative Services Committee Date of Meeting Engineering Services Committee Date of Meeting Finance Committee Date of Meeting Contact Information for Individual/Presenter Making the Request: Name: DaCara Brown Address: 535 Tetfair St. TelephoneNumber: Z06-8214261 Fax Number: E-Mail Address: dbrown@auqustaoa.oov Caption/Topic of Discussion to be placed on the Agenda: The Juvenile Justice lncentive Grant Prooram Eundino Committee has awarded a orant to Auousta Richmond Countv in the amount of $400.000 effective Julv 1. 2018. We need commission aooroval to acceot the orant for use bv Richmond Countv Juvenile Court Multi-Svstemic Therapv and Aqoression Reolacement Trainino Proorams This oranl award increased bv $100 000 from lasl fisnal vaar Please send this request form to the following address: Ms. Lena J. Bonner Telephone Numher: 706-82l-1820 Clerk of Commission Fax Number: 706-821-1838 Suite 220 Municipal Building E-Mail Address: nmorawski@augustaga.gov 535 Telfair Street Augusta, GA 30901 Requests may be faxed, e-mailed or delivered in person and must be received in the Clerk,s Office no Iater than 5:00 p.m. on the Wednesday preceding the Commission meeting and 5:00 p.m. on the Tuesday preceding the Committee meeting of the following week. A five- minute time limit will be allowed for presentations. NATMN DEAL GOVERNOR JAY NEAL EXECUTIVE DIRECTOR May 9, 2018 The Honorable Douglas J. Flanagan Augusta-Richmond County Juvenile Court 535 Telfair Street, 6'r, Floor, Suite 610 Augusta, Georgia 30901 Dear Judge Flanagan, Congratulations! I am pleased to inform you that the Juvenile Justice lncentive Grant program Funding Committee has awarded a grant to Augusta-Richmond County in the amount of $400,000effective July l, 201 8 Enclosed, you will find the award documentation for this state-funded grant award. please payparticularly close attention to the speciat conditions, as they are the terms and conditions whichgovern the award. Your completed award package must be returned within forty-five (45) days of receipt to the Criminal Justice Coordinating Council at the following address: Attn: Haley Dunn Criminal Justice Coordinating Council ' * xlfill,'g.;"h!ts'lte 440 lf you have any questions regarding the execution of the enclosed documents or the administration of your project. please feel free to contact Haley Dunn, Grant and Program Specialist at (404) 654-l78l or haley.dunn@cjcc.ga.-sov. I look forward to working with you on ihir exciting initiative and advancing services for our state's juveniles in a truly meiningful way. Sincerely, Q?/il/ Jay Neal Executive Director Lid lVjAtrrET-fA jrR[El N\A/ il,tlrE 441] AIr_ANTr GECRGIA j03|l_t 274ja,--,t.657.I9.:c ;77 2rl 5:?l: ,1C.i.657 i957 t Al/-l(-a i1l,1PG A,:,-),/ OFFICE OF THE @VERNORCRIMINAI JUSTTCE COORDINATING COUNCIL Juvenile Justice Ineentive Grant program SUBGRA}IT AIiTARD SUBGRIAIITEE : Richmond County IMPLEMENrING AGENCY: Augusta,/Richmond County PROJECT NAME: Juvenii-e Justice Incentive St BGRjANT Nt ldBER: Y19-8-002 This Subgrant shall become effective on the provided that within forty-five (45) days ofproperly executed original of this "SubgrantJustice Coordinating Council. REFERENCE NO.01 EEDERAL FIINDS: I 400,000 MATCRING FTINDS: $ O crant TOTAI, EIrNDS : $ 4 00, 000 cRAr\Il PERIOD: 07 /07/18-06/30/19 beginning date of the grant period, the award execution date (below) the Award" is returned to the Criminal This award is made under the State of Georgia Juvenile Justice Incentive Grant (JJIG)program and is subject to the adrninistrative rules established by the Crimi-nal JusticeCoordinating Council. The purpose of the JJIG program is to provide funding for iuvenil-e courts to serve youth in the community who would otherwise be committed toGeorgia's Department of JuveniLe Justice, AGENCY APPROVAI SUBGBANTEE APPROVAT Signature of Authorized Offj-cial DateCriminal Justice Coordinating Council Date Executed: 05/09/lg Typed Name & Title of Authorized Official 58-220 421 4 -0 0 4 Employer Tax Identification Number (AIl.t) df , Dj-rector TRANS CD REFERENCE ORDER EEE DATE TYPE PAY DATE INVOICE CONTRACT # to2 01 1 07/07/18 9 Y1 9-8 * 002 OVERRI DE ORGAN CLASS PROJECT VENDOR CODE 2 46 4 01 ITEM CODE DESCRIPTION 25 CHARACTERS EXPENSE ACC?AMOUNT 1 Juvenile Justice Incentive Grant 624 .47 $ 400,000 Public Safety Committee Meeting 6/12/2018 1:20 PM Acceptance of Juvenile Justice Incentive Grant Department: Presenter: Caption:Motion to approve acceptance of a grant to Augusta Richmond County from the Juvenile Justice Incentive Grant Program Funding Committee in the amount of $400.00 effective July 1, 2018 for use by Richmond County Juvenile Court Multi- Systemic Therapy and Aggression Replacement Training Programs. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: AUGUSTA9 GEORGIA New Grant proposaUApplication Before a Department/agency may apply for the granuaward on bchelf of Augusta Richmond county, they murt first obtain approvaldgnature from the Adminictrator aud the Finance rlirector. The Adminigtrator will obtain information on the grant program andrequirements from tle frrnding egency end review these for feastblllty to determine if this granUaward will benefit AugustaRichmond County. The Finrnce Director will review the frrnding requirement to determlne lf the grant will fit within our budgetrtructure and financial goals. Proposel Project No. Project Titte 58 STA FYI9 STATE COURTD(IIAND Requesting gant firlds offered by the criminal Justice coordinating council foroperating of the state court Accountability court DUI and v*cranicourt programs. cash Match: l0% - cash match funding source is from 204000000 - participant fees. EEO required: (Y/tI) - No EEO Department notified: No REGEIVED ADMINISTMTOR'S OFFICE MAR 06 ZOta AUGUSTA.RICI,IMOND COUNTY Start Date: 0?/0112018 Submit llate: $/O6tZOlE Total Budgeted Amountr 193,137.00 Sponsor: GM0012 SponsorType: g Purpose: 4 End Ilate: 06130t20t9 Departme:rt: 026 Total X'unding Agency: Criminal Justice Coord Co State DUI Courts State Court Cash Match? Y 173,823.00 Totd Cash Mrtch: 19,314.00 tr'low Thru ID: TYPe I ID TYpe FA GMIOOI ry_ DWATKINS Approvals Date 03106,12018 Dept Signature: Grent Coordinator Signature:i,tJ 6t l-L->arf, Contacts (7P6)84e-3484ll, .-:- ; -:- !-:i"ll__ l.) I haye reviewed the Grant application and enclosed materi"f , *a yP{nd the grant/award to be feasiblc to the nceds of Augusta Richrnond county o Deny the request 3- t -tdFinance Director Date 2) yvereviewed the Grant application and cnclosed materials and: ,/ Approvethe Departrnent Agency to move forward with the application CPl5500 - CRYSTAL PAGE pese GMIO00_PROPOSAL - GM1000: Grants Management: r Ureri Rsport:Currc[t Ditc: Current Time: 03/06t2018 l2:08:13 t?:floot{f JAYNEAL EXECUIIVE DIRECTOR NATHAN DEAI GOVERNOT At the direction of the Funding Comrnittee under the Council of Accountability Court Judges (CACI)the Criminal Justice Coordinating Council (CICC) is pleased to announce that it is seeking applications for competitive'funding for qualified new and existing Accountability Courts in the State of Georgia. Eligibility Applicants are limited to local entities for new and existing Accountability Courts. Adult Felony Drug Court, Adult Mental Health Court, and Veterans Treatment Court submissions are limited to one application per circuit, per court type. State and Juvenile Court submissions are limited to one application per county, per court type (i.e. DUl, Family Dependency Treatment, Juvenile Drug, or Juvenile Mental Health Court). Deadline Applications are due by 5:@ p.m. on Friday, March 23, 2018. Available Funding The amount available for distribution will be deterrnined by the legislature during the 2018 session. There is a 10% cash match requirement. Please note: this motch may likely increase every year. Award Period July 1, 2018 through June 30, 2019, Belease Date: Februarv 19.2018 TH IS GMNT E NOT ]NTENDED TO FU ND YOU R PROGMM 1OO7O. 104 MARIETTA SIREET NW, SIJITE 440 ATI.ANTA, GEORGIA 30303-2743 404.657.1956 - 877.231.6590 . 404.6s7.1957 r.AX UCC.GEORGIA,GOV NATHAN DEAI GOVERNOR JAY NEAL EXECUTIVE DIRECTOR SECTION I: OVERVIEW AND INSTRUCTIONS Criminal lustlce Coordlnatinp Councll The Criminal Justice Coordinating Council is designated by the Governor of Georgia as the State Administering Agency for criminaljustice and victims' assistance programs. Created by the General Assembly (O.C.G.A. 5 35-5A-2), the Council is comprised of twenty-four members representing various components of the criminal justice system. Overview ofthe State ofGeorgia's Accountabilitv Court Funding prosram The Council of Accountability Court of Judge (CACI) was created in 2015 by the Georgia Legislature and by Governor Nathan Deal to provide courts with the critical funding necessary to support the growth of Accountability Courts in Georgia to reduce the prison population. How to Applv lnterested applicants should review the FY'19 Solicitation Packet in its entirety, and submit the completed application, including the requested information and all required attachments, using the link on the Council's website at cicc.seorsia.qov on or before 5 p.m., March 23, 2018. This form and provided budget detailare the only acceptable formats forsubmitting the nan"tives and budget forthis funding year. Please note that the appllcation format has changed signiflcantly this )€ar. lt b recommended that applicents allo$/ edequate time to complete the application. Appllcations must be submifted using the requ,red format; scanned or handwritten copies of the application will not be accepted. The CACJ will host an FY19 lnstructional grant webinar on Thursday, March 1, 2018; lnterested appllcants are encouraged to participate. Any application that does not adequately answer all applicable questions will be considered incomplete and will not be reviewed for fundin6. Match Reguirement {10 percent CASH match] Applicants must identify the source of the 10 percent non-state portion of the total project costs a nd how they will use match funds. Match is restricted to the same uses of funds as a llowed for the state funds. Applicants may satisfy this match requirement with cash only (no in-kind services). Mdtch wdiver: Ihe CACJ may waive the match requirement upon a determination of fiscal hardship. To be considered for a waiver of match, a letter of request signed by the Authorized Representati\re or Program Judge must be submitted wlth the grant application fflning th€ fisol hardship. Fiscal hardship is defined in terms related to reductions in overall budgets, furloughing or reductions in force of staff or other similar documented actions by the local governing authority which have resulted in severe budget reductions. A match waiver request must be submitted as a separate attachment to the application and titled as the "Motch Woiver." NOTE: You do NOT need to match every item you are requesting, but must supply a 10% match in the overall budget request. The match must be from one of the allowable categories. State of Georsia FY' 1 9 Solicitation Packet NAIHAI.I DEAL GOVERNOR JAY NEAL EXECUTIVE DIRET-TOR The formula for calculating the rnatch is: Requested Gmnt Amount divded by 9 = Required Motch Example: 10 percent match requirement: for a state award amount of S1OO,OOO, match would be calculated as follows: State Award/9 = Match Ex. 5100,000 /9 = ilt,Lt1. SECTION II; SOTICITATION PROCESS Please read and understand the Certification for Accountability Court Funding attachment before completing the application. All accountability courts shall attend training and submit a proposed budget/narrative for all funds requested through this grant. Existins Courts Complete all sections of the application, unless noted otherwise. ImDlementation Courts Complete sections of the application to the best of your ability. The committee understands that you may not have all ofthe answers yet, but expects that you have thought through all ofthe issues related to each section ofthe application. Application Review Applications will be reviewed and assessed by the CACJ Funding Committee members and its designated representatives who will consider the following: 7, Past compliance with all financial and programmatic reporting requirements; 2. Overall quality and completeness of the application; 3. Demonstration of clear, measurable and appropriate standards; 4. Demonstration of need including geographic location, local demographics, local statistics, other financial resources, etc.; 5. Adequate correlatlon between the cost of the project and the objectlve(s) to be achieved; and 6. Sharing resources among each accountability court within the circuit is strongly encouraged. All applications within each circuit will be reviewed together. Only complete applications received by the deadline will be reviewed. When an application is received hlthe CJCC, there is no commitment on the part of the CACJ Funding Committee tofund an application orto fund it at the amount requested. All areas of the budget are subject to review and approval. Decisions related to these budget areas are based on both eligibility and reasonableness. The CACJ Funding Committee has full discretion to determine the reasonableness of budget items based on both objective and subjective decision-making tools. See "Restrictions on Use of Funds" subsection below to determine whether budget items requested are allowable prior to submitting your budget. *' /1,oE?\%. .jii' NAII.IAN DEAL GOVERNOR JAY NEAL EXECUTIVE DIRECTOR Applications for funding will undergo several reviews. At any point during these reviews, a decision not to fund a project or any part thereof may be made. These decisions are within the complete discretion of the CACI Funding Committee. Fundlns Decisions Allfunding decisions related to CJCC applications received in response to this solicitation are made by the CACJ Funding Committee and are based on the availability of funding. The Council will inform the applicants of funding decisions through grant awards. Applicants should not make assumptions regarding funding decisions until they have received official written notification of awards or denials signed by the CICC Council Director, Once an award is made, the CACI in conjunction with CjCC, maintains discretion to determine that a Srantee is not compliant with applicable policies, and upon such a determination may terminate further funding and require reimbursement of grant funds to the CACJ. Restrictions on Use ofFunds For this grant period, grant fu nds will not be allowed to be used for: out of state training, any part of a salary or pay supplements for stete or county paid employees, office space, utilities, furniture (existing courts only), incentives, monthly cell phone charges, case management software (including maintenance and upgrades), vehicles, weapons, office supplies (existing courts only), construction projects and grant administrative overhead. Supplantation Funds must be used to supplement existing funds for pro8ram activities and cannot replace or supplant funds that have been appropriated for the same purpose Generally, supplanting occurs when a Iocal government or program reduces local or other available funds for an activity specifically because state funds are available (or expected to be available) to fund that same activity. When supplanting is not permitted, any State grant funds may not replace any local, or other available funds that have been appropriated or allocated for the same purpose. ln those instances when a question of supplanting arises, the appiicant or grantee will be required to substantiate that the reduction in non-state resources occurred for reasons otherthan the receipt or expected receipt of state funds. SECTION III: POST-AWARD REOUIREMENTS Grant AcceDtance Grantees wishing to accept FY'19 funding must submit signed Acceptance Letters and Special Conditions to the CJCC Office so it is receiyed no later than 5 p.m., June 30, 2018, CACJ Funding Committee will assume your court rejects its FY'19 award if these acceptance documents are not received by this su bmission deadline. Special Conditions At the time of the grant award, the CACI Funding Committee will assign special cond itions, as deemed a p propriate for the program. Thespecial conditionswill outline the grantee's responsibilities, aswell as state regulations that must be followed, as a condition of accepting the grant award for the approved NATHAN DEAL GOVFRNOR JAY NEAL EXECUTIVE DIRECTOR program. The special conditions will be included in the award packet and must be reviewed, signed and returned to CJCC by 5 p.m., iune 30, 2018 (see above). One fourth of all awarded funding must be requested in that quarte/s SER each reporting period. This means that the expenditure must be pald by your local fundlrg agency and OCC reimbursement has been requested within that repofting period. Any unused funds each quarter end will be retained by the CJCC to be managed by the CACI. This is o reimbursement arant. lf awarded funds, your court will be required to submit check stubs and copies of invoices to OCC for reimbursement on a quarterly basis. Training is made arailable to each court that accepts grant funding. please see www.gaaccountabilitycourts.org forthe training dates and attendee requirements. Expenses for training will be reimbursed by the CACJ Funding Committee. Reporting Reouirements Recipients of this FY'19 grant award will be required to complete and submit SER and a CACJ electronic data submission report, due no later than 1-5 days after each quarter end. Failure to submit reports in a timely fashion could result in a tD% penalty that will be based on the initial grant award. Subgrantees are given a 10-day grace before any action is taken (applies to SER only). The electronic data submission report is generated by the state approved case manaBement systems during FY'19. The CACI will present lmplementation Courts with the opportunity to select a state approved case managernent system on or about July 1, 2018. SER (Sub-gront Expenditure Requests); Reimbursement requests for expenses incurred during the grant period on either a monthly or quarterly basis. To request reimbursement, the recipient must submit a financial report within fifteen days of the month's end date, to their designated grant specialist. *:ffiy,Hli#gl*-Erx6utrrDocuMor.p,.&.o.d,,idF{,w b6rr'a..rs,14.-r..v*io*,t,*o,n.d!..,t rrh.nk,omn tuyo,.rir*,r^rttir.mar*nm"rnte..r erBEl6L.uronlnmh*nbd. -r.te.r,r,..t r,ni,."li*o*ix,yr.r-.,r"*,a,r.ry""ocrer_r..r"".o.-.-..-.ar'tror"u,._,rolJ.n*rc_qt"o.ludtd *don,.! or$. hud..r tcm ",. t,.n"d.,'a pe"i.r n.rrnt t on ox G6.r.r hto;In.i d. o. ihior r.ie.r;n-m" Fr* a*t. y r @r pE.m,,udi,{rry !r.i, ri r.r tu rE'ddron .8 dtchn d.,It 6rml.6raldd.uian..dGrouicintEir',3le.iiocrvry.ndrdtocbE. nth or fidrn !i t-, th. 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Public Safety Committee Meeting 6/12/2018 1:20 PM Accountability State Court CJCCFY19 Grant Department:Richmond County State Court Presenter:Crystal Page Caption:Motion to approve acceptance of Criminal Justice Coordinating Council Grant Award in the amount of $173,728 to assist with operation of the State Court DUI and Veterans Court Programs. Background:Richmond County State Court applied for a State grant offered by the CJCC to assist with operation of its DUI and Veterans Court accountability court programs. Analysis:None Financial Impact:A 10% match is required in the amount of $17,373 which will be covered by monthly program fees. 204022320/3511410 Alternatives:None Recommendation:Approve Funds are Available in the Following Accounts: A 10% match is required in the amount of $17,373 which will be covered by monthly program fees. 204022320/3511410 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Public Safety Committee Meeting Commission Chamber - 5lz9lz0l} ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; D. Williams, Chairman; Smith, Vice Chairman; Jefferson and Sias, members. PI]BLIC SAFETY 1. Motion to approve receipt of $7500 in State grant emergency funds for Item treatment services for indigent participants in DUI Court. This emergency Action: funding is in addition to previous approved grant A18-08-018 ($159,369). Approved Motions f#:" Motion Text Made By seconded By Motion to ^ aDDrove.APProve vtotion passes 4-0. Motion Result Commissioner Grady Smith Passes licensing fees authorized ItemI January 2016. Please Action: services. (Requested by Rescheduled Commissioner Andrew Jefferson 2.Request an update and full accounting of the under the Animal Services Ordinance effective advise how the fees are funded back into animal Commissioner Sammie Sias) Motions Motion Type Defer Motion Text Motion to approve referring this item to the fuII Commission with no recommendation with a review by the Law Made By Commissioner Sammie Sias MotionSeconded BY Resurt Commissioner Passes Grady Smith Department. Motion passes 4_0. 3' Approve Augusta-Richmond County FY19 Capacity Agreement for state Iteminmates being housed in the Richmond County Correctional-Institution. Action: Approved Motions *ji" Motion Text Made By seconded By MotionrYPe .,Eru,uEu 'f,DY Result Motion to Approve ffi3.l:hasses 4-0. Commissioner Commissione Andrew Jefferson Grady s-ith't Passes 4' Motion to approve a2 year contract, with three (l) year renewals, with AU ItemMedical Associates to provide for a Medical Director for the Augusta Fire Action:Department in the amount of $_3_91000.00 per year and authorize the-Mayor to Approvedsign the contract with Augusta University Medicat Associates. ppp 1g-154A Motions i'#:" Motion rext Made By Motion to Aoorove -aPProve'r I Motion Passes 4-0. 5' Motion to approve the purchase of Emergency Fire Dispatch protocol system Itemfor the 911 Center. r I Action: Approved Motions Y:,tt" Motion Textrype Motion to approve. Mr. Sias Approve out. Motion Passes 3-0. Made By Seconded By Commissioner Andrew Jefferson Seconded By Commissioner Grady Smith Motion Result Passes Motion Result Commissioner Andrew Jefferson Commissioner Dennis Williams 6. Passes Approved placing .Emergency Medical Technician (EMT) in all public rtemmeetings held in the Municipal Building. (Requested by commissioner Action:Marion Williams) - \ ! .- 't Approved Motions f#:" Motion rext Motion to approve referring this item back to committee with the Approve FireDePartment provldlng a cost estimate per meeting. Mr. Sias votes No. Motion Passes 3-1. Made By MotionSeconded Bv :- - - ------ -r Result Commissioner Commissioner Andrew Jefferson Dennis Williams Passes 7' Motion to approve the minutes of the Public Safety Committee held on May g, Item2018. Action: Approved Motions Motion Type Approve Made By Seconded By Motion Result Commissioner Commissione Andrew Jefferson Grady s-ith't Passes www.augustaga.gov Motion Text Motion to approve. Motion Passes 4-0. Public Safety Committee Meeting 6/12/2018 1:20 PM Minutes Department:Clerk of Commission Presenter: Caption:Motion to approve the minutes of the Public Safety Committee held on May 29, 2018. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: AUGUSTA FIRE/ EMERGENCY MANAGEMENT MOBILE EMERGENCY OPERATIONS CENTER (MEOC) Cobb County MEOC at GEMA Annual Drill SPLOST 7 The purchase of a Mobile Emergency Operations Center (MEOC) was approved for inclusion on the SPLOST 7 referendum on November 3, 2015. The MEOC is included in the Public Safety section under Emergency Vehicles. A MEOC is a quick response emergency management, communications, and scene support vehicle. The MEOC allows Emergency Management to support first responders with an incident command post on natural or man-made emergencies and special events where electricity is not readily available. The Mobile Emergency Operations Center provides a completely self-contained command-and-control hub for interagency emergencies and special events. The body of the vehicle is designed to last for at least 20 years. This capability does not currently exist within Augusta, GA Government. The purchase price for the MEOC is $1,070,000. The MEOC is funded through SPLOST 7. AUGUSTA FIRE/ EMERGENCY MANAGEMENT MOBILE EMERGENCY OPERATIONS CENTER (MEOC) Columbia County Deployment Thunder Over Evans 2018 Chatham County Deployments St. Patrick’s Day Parade, Multi-Vehicle Major Accident 2017-2018 Chatham County Military Transport Plane Crash 2018 Equipment Proposal This Equipment Proposal (the “Proposal”) has been prepared by Ten-8 Fire & Safety Equipment of Georgia, LLC (“Company”) in response to the undersigned Customer’s request for a proposal. This Proposal is comprised of the special terms set forth below, the Proposal Option List, Warranty, and Company’s Purchasing Terms and Conditions. Through its signature below or other Acceptance (as defined below), Customer acknowledges having received, read and being bound by this Proposal, all attachments and Company’s Purchasing Terms and Conditions. Date: February 23, 2018 (“Proposal Date”) Customer: Augusta, Georgia. (“Customer”) Customer Address: 535 Telfair st, Augusta GA 30901 Quantity Product Description & Options Price 1 Pierce Frontline command vehicle, Freightliner chassis $1,070,000.00 Purchase Price: $1,070,000.00 Delivery Timing: The Product described above in the Product Description and Options Section of this document will be built by and shipped from the manufacturer approximately 15 (months) after Company receives Customer’s acceptance of this Proposal as defined below. Other: Unless accepted within 90 days from date of proposal, the right is reserved to withdraw this proposal. ACCEPTANCE OF THIS PROPOSAL CREATES AN ENFORCEABLE BINDING AGREEMENT BETWEEN COMPANY AND CUSTOMER. “ACCEPTANCE” MEANS THAT CUSTOMER DELIVERS TO COMPANY: (A) A PROPOSAL SIGNED BY AN AUTHORIZED REPRESENTATIVE, OR (B) A PURCHASE ORDER INCORPORATING THIS PROPOSAL, WHICH IS DULY APPROVED, TO THE EXTENT APPLICABLE, BY CUSTOMER’S GOVERNING BOARD. ACCEPTANCE OF THIS PROPOSAL IS EXPRESSLY LIMITED TO THE TERMS CONTAINED IN THIS PROPOSAL AND COMPANY’S PURCHASING TERMS AND CONDITIONS. ANY ADDITIONAL OR DIFFERENT TERMS, WHETHER CONTAINED IN CUSTOMER’S FORMS OR OTHERWISE PRESENTED BY CUSTOMER AT ANY TIME, ARE HEREBY REJECTED. INTENDING TO CREATE A BINDING AGREEMENT, Customer and Company have each caused this Proposal to be executed by their duly authorized representatives as of date of the last signature below. Customer: Augusta, Georgia Ten-8 Fire & Safety Equipment of Georgia, LLC By: __________________________________ By: Title: _________________________________ Title: Authorized Sales Representative Print: _________________________________ Print: Date: _________________________________ Date: EXHIBIT A PROPOSAL OPTION LIST EXHIBIT B WARRANTY EXHIBIT C PURCHASING TERMS AND CONDITIONS PURCHASING TERMS AND CONDITIONS (Georgia) These Purchasing Terms and Conditions, together with the Equipment Proposal and all attachments (collectively, the “Agreement”) are entered into by and between Ten-8 Fire & Safety Equipment of Georgia, LLC, a Georgia corporation (“Company”) and Customer (as defined in Ten-8 Fire & Safety Equipment of Georgia, LLC’s Equipment Proposal document) and is effective as of the date specified in Section 3 of these Purchasing Terms and Conditions. Both Company and Customer may be referred throughout this document individually as a “party” or collectively as the “parties.” 1. Definitions. a. “Acceptance” has the same meaning set forth in Company’s Equipment Proposal. b. “Company’s Equipment Proposal” means the Equipment Proposal provided by Company and prepared in response to Augusta, Georgia’s request for RFP 18-147 Mobile Equipment Operations Center. c. “Cooperative Purchasing Contract” means an Agreement between Company and a public authority, including without limitation, a department, division, agency of a municipal, county or state government (“Public Authority”), that adopts or participates in an existing agreement between Company and another non- party customer (including, but not limited to such non-party customer’s equipment proposal, its applicable exhibits, attachments and purchasing terms and conditions), often referred to as a “piggyback arrangement,” which is expressly agreed to, in writing, by Company. Company has sole discretion to determine whether it will agree to such a Cooperative Purchasing Contract. d. “Delivery” means when Company delivers physical possession of the Product to Customer. e. “Manufacturer” means the Manufacturer of any Product. f. “Prepayment Discount” means the prepayment discounts, if any, specified in Company’s Equipment Proposal. g. “Product” means the fire apparatus and any associated equipment, or ambulance manufactured or furnished for Customer by Company pursuant to the Specifications. h. “Purchasing Terms and Conditions” means these Purchasing Terms and Conditions; however, if the Company’s Equipment Proposal or the Customer’s related Purchase Order states that it is governed by a Cooperative Purchasing Agreement, “Purchasing Terms and Conditions” shall mean those terms and conditions set forth in the applicable Cooperative Purchasing Agreement. i. “Specifications” means the general specifications, technical specifications, training, and testing requirements for the Product contained in Company’s Equipment Proposal and its Exhibit A (Proposal Option List or for ambulance sales, the Quotation, or Order Form, as applicable), prepared in response and shall include Customer’s request for proposal. 2. Purpose. This Agreement sets forth the terms and conditions of Company’s sale of the Product to Customer. 3. Term of Agreement. This Agreement will become effective on the date of Acceptance as defined in Company’s Equipment Proposal (“Effective Date”) and, unless earlier terminated pursuant to the terms of this Agreement, it will terminate upon Delivery and payment in full of the Purchase Price. 4. Purchase and Payment. Customer agrees to pay Company the Purchase Price for the Product(s) as set forth in Company’s Equipment Proposal (“Purchase Price”). The Purchase Price is in U.S. dollars. Where Customer opts for a Prepayment Discount that specifies that Customer will tender one or more prepayments to Company, Customer must provide each prepayment within the time frame specified in the Equipment Proposal in order to receive the Prepayment Discount for that prepayment installment. 5. Representations and Warranties. Customer hereby represents and warrants to Company that the purchase of the Product(s) has been approved by Customer in accordance with applicable general laws and, as applicable, Customer’s charter, ordinances and other governing documents, and funding for the purchase has been duly budgeted and appropriated. 6. Cancellation/Termination. a. Fire Equipment and Apparatus Sales. In the event this Agreement is cancelled or terminated by Customer before completion, Company may charge Customer a cancellation fee. The following charge schedule is based on costs incurred by Manufacturer and Company for the Product, which may be applied and charged to Customer: (a) 12% of the Purchase Price after the order for the Product(s) is accepted and entered into Manufacturer’s system by Company; (b) 22% of the Purchase Price after completion of approval drawings by Customer, and; (c) 32% of the Purchase Price upon any material requisition made by the Manufacturer for the Product. The cancellation fee will increase in excess of (c) in this Section 6, accordingly, as additional costs are incurred by Manufacturer and Company as the order progresses through engineering and into the manufacturing process. b. Ambulance Sales. This Section 6 for Cancellation/Termination does not apply to Ambulance Sales. An order for an ambulance cannot be cancelled or terminated once Company receives and processes Customer’s Acceptance of Company’s Equipment Proposal. 7. Delivery. The Product is scheduled to be delivered as specified in the Delivery Timing section of the Equipment Proposal (“Delivery Timing”), which will be F.O.B. Company’s facility. The Delivery Timing is an estimate, and Company is not bound to such date unless it otherwise agrees in writing. Company is not responsible for Delivery delays caused by or as the result of actions, omissions or conduct of the Manufacturer, its employees, affiliates, suppliers, contractors, and carriers. All right, title and interest in and to the Product, and risk of loss, shall pass to Customer upon Delivery of the Product(s) to Customer. 8. Standard Warranty. The manufacturer warranties applicable to this Agreement, if any, are attached to Company’s Equipment Proposal as Exhibit A and are incorporated herein as part of the Agreement. a. Disclaimer. EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, COMPANY, INCLUDING ITS PARENT COMPANY, AFFILIATES, SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS OR REPRESENTATIVES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS PROVIDED UNDER THIS AGREEMENT, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING DISCLAIMER, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, IMPLIED WARRANTY AGAINST INFRINGEMENT, AND IMPLIED WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED AND DISCLAIMED. STATEMENTS MADE BY SALES REPRESENTATIVES OR IN PROMOTIONAL MATERIALS DO NOT CONSTITUTE WARRANTIES. 9. Limitation of Liability. COMPANY WILL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, ECONOMIC, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM OR IN ANY WAY CONNECTED WITH THIS AGREEMENT WITHOUT REGARD TO THE NATURE OF THE CLAIM OR THE UNDERLYING THEORY OR CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, EQUITY OR ANY OTHER THEORY OF LAW) ON WHICH SUCH DAMAGES ARE BASED. COMPANY’S LIMIT OF LIABILITY UNDER THIS AGREEMENT SHALL BE CAPPED AT THE TOTAL AMOUNT OF THE MONIES PAID BY CUSTOMER TO COMPANY UNDER THIS AGREEMENT. 10. Force Majeure. Company shall not be responsible nor deemed to be in default on account of delays in performance due to causes which are beyond Company’s control which make Company’s performance impracticable, including but not limited to civil wars, insurrections, strikes, riots, fires, storms, floods, other acts of nature, explosions, earthquakes, accidents, including transportation or delivery losses outside of Company’s control, any act of government, delays in transportation, inability to obtain necessary labor supplies or manufacturing facilities, allocation regulations or orders affecting materials, equipment, facilities or completed products, failure to obtain any required license or certificates, acts of God or the public enemy or terrorism, failure of transportation, epidemics, quarantine restrictions, failure of vendors (due to causes similar to those within the scope of this clause) to perform their contracts or labor troubles causing cessation, slowdown, or interruption of work. 11. Customer’s Obligations. Customer shall provide its timely and best efforts to cooperate with Company and Manufacturer during the manufacturing process to create the Product. Reasonable and timely cooperation includes, without limitation, Customer’s providing timely information in response to a request from Manufacturer or Company and Customer’s participation in traveling to Manufacturer’s facility for inspections and approval of the Product. 12. Default. The occurrence of one or more of the following shall constitute a default under this Agreement: (a) Customer’s failure to pay any amounts due under this Agreement or Customer’s failure to perform any of its obligations under this Agreement; (b) Company’s failure to perform any of its obligations under this Agreement; (c) either party becoming insolvent or becoming subject to bankruptcy or insolvency proceedings; (d) any representation made by either party to induce the other to enter into this Agreement, which is false in any material respect; (e) an action by Customer to dissolve, merge, consolidate or transfer a substantial portion of its property to another entity; or (f) a default or breach by Customer under any other contract or agreement with Company. 13. Manufacturer’s Statement of Origin. Company shall retain possession of the manufacturer’s statement of origin (“MSO”) for the Product until the entire Purchase Price has been paid. If more than one Product is covered by this Agreement, Company shall retain the MSO for each individual Product until the Purchase Price for that Product has been paid in full. 14. Arbitration. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The Arbitration shall take place in Augusta, Georgia. 15. Miscellaneous. The relationship of the parties established under this Agreement is that of independent contractors and neither party is a partner, employee, agent, or joint venture of or with the other. Neither party may assign its rights and obligations under this Agreement without the prior written approval of the other party. This Agreement and all transactions between Ten-8 Fire & Safety Equipment of Georgia LLC will be governed by and construed in accordance with the laws of the State of Georgia. The delivery of signatures to this Agreement may be via facsimile transmission or other electronic means and shall be binding as original signatures. This Agreement shall constitute the entire agreement and supersede any prior agreement between the parties concerning the subject matter of this Agreement. This Agreement may only be modified by an amendment, in writing, signed by duly authorized representatives of both parties with authority to sign such amendments to this Agreement. In the event of a conflict between the Ten-8 Proposal and these Terms and Conditions, the Ten-8 Proposal shall control except in the case of a Cooperative Purchasing Contract as set forth in Section 1(c) and (h) of these Purchasing Terms and Conditions. If any term of this Agreement is determined to be invalid or unenforceable by a competent legal authority, such term will be either reformed or deleted, as the case may be, but only to the extent necessary to comply with the applicable law, regulation, order or rule, and the remaining provisions of the Agreement will remain in full force and effect. 16. Assignment. Neither this Agreement nor any rights or obligations hereunder shall be assigned by either party without prior written consent of the other party, except that this Agreement may be assigned without consent to the survivor in any merger or other business combination including either party, or to the purchaser of all or substantially all of the assets of either party. 17. Binding Effect. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors, assigns (where permitted), and transferees. 18. Notices. All notices required or permitted by this Agreement shall be in writing and shall be deemed to have been given: (i) on the day received, if personally delivered; (ii) on the day received if sent by a recognized overnight delivery service, according to the courier’s record of delivery; and (iii) on the 5th (fifth) calendar day after the date mailed by certified or registered mail. Such notices shall be addressed as follows: Customer: Augusta, Georgia Fire Department Fire Chief 3117 Deans Bridge Road Augusta, GA 30906 With copy to: Augusta, Georgia Law Department General Counsel 535 Telfair Street, Building 3000 Augusta, Georgia 30901 Company: Ten-8 Fire & Safety Equipment of Georgia LLC. Vice President of Apparatus Sales 2904 59th Ave. Dr. E. Bradenton, FL 34203 Either party may change its address for notices under this Agreement by giving written notice of such change to the other party in accordance with the terms of this section. 19. Governing Law and Venue. This Agreement and the rights and obligations of the parties hereunder shall be construed in accordance with and governed by the laws of the State of Georgia, notwithstanding any conflicts of law rules to the contrary. All claims, disputes, and other matters in question between Customer and Company arising out of or relating to the Agreement, or the breach thereof, that are not otherwise decided by the dispute resolution methods contained herein, shall be decided in the Superior Court of Richmond County, Georgia or the United States District Court for the Southern District of Georgia, Augusta Division. Company, by executing this Agreement, specifically consents to jurisdiction and venue in Richmond County and waives any right to contest the jurisdiction and venue in Richmond County, Georgia. 20. Integration of Terms. This instrument together with all attachments, exhibits and schedules constitutes the entire agreement between the parties, and supersedes all prior negotiations, commitments, representations and undertakings of the parties with respect to its subject matter. RFP #18-147 and Company’s response thereto are hereby incorporated as though fully stated herein and are part of this instrument. Priority of documents shall be: (1) this Agreement, (2) RFP #18-147, and (3) Company’s response to RFP #18-147. 21. Amendment and Waiver. This Agreement may be amended or modified only by an instrument signed by all of the parties. A waiver of any provision of this Agreement must be in writing, designated as such, and signed by the party against whom enforcement of the waiver is sought. The waiver of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent or other breach thereof. 22. Severability. If any provision of this Agreement shall not be valid for any reason, such provision shall be entirely severable from, and shall have no effect upon, the remainder of this Agreement. Any such invalid provision shall be subject to partial enforcement to the extent necessary to protect the interest of the parties hereto. 23. Third Party Beneficiaries. There are no third-party beneficiaries to this Agreement. 24. Counterparts. This Agreement may be executed in multiple counterparts by a duly authorized representative of each party. 25. Survival. All terms which by their nature survive termination shall survive termination or expiration of the Agreement. 26. Prohibition Against Contingent Fees. Company warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by Company for the purpose of securing business and that Company has not received any non-Customer fee related to this Agreement without prior written consent of Customer. For breach or violation of this warranty, Customer shall have the right to annul this Agreement without liability or at its discretion deduct from the Compensation the full amount of such commission, percentage, brokerage, or contingent fee. 27. Temporary Suspension or Delay of Performance of Contract. To the extent that it does not alter the scope of this Agreement, Customer may unilaterally order a temporary stopping of the work or delay of the work to be performed by Company under this Agreement. 28. Company Insurance. Company shall at all times that this Agreement is in effect, caused to be maintained in force and effect an insurance policy(s) that will ensure and indemnify Augusta against liability or financial loss resulting from injuries occurring to persons or property or occurring as a result of any negligent error, act, or omission of Company in performance of the work during the term of this Agreement. Company shall provide, at all times that this Agreement is in effect, insurance with limits of not less than: i. Workmen’s Compensation Insurance: in accordance with the State of Georgia; ii. Liability Insurance: in an amount of not less than One Million ($1,000,000) Dollars or an amount that correlates to the aggregate fee on the project should it exceed $1,000,000. All policies of insurance required under this Paragraph will provide that they may not be canceled nor the coverage materially changed without thirty (30) days prior written notice to Customer. 29. Modification or amendment. Company acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law, Company is deemed to possess knowledge concerning Augusta, Georgia's ability to assume contractual obligations and the consequences of Company s provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that the Company may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Company agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if the Company provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services, as required by Augusta, Georgia's Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by Company. Company assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized, including, without limitation, all remedies at law or equity. 30. Local Small Business Program. In accordance with Chapter 10B of the Augusta, GA. Code, Company agree to collect and maintain all records necessary to for Augusta, Georgia to evaluate the effectiveness of its Local Small Business Opportunity Program and to make such records available to Augusta, Georgia upon request. The requirements of the Local Small Business Opportunity Program can be found at www.augustaga.gov. In accordance with AUGUSTA, GA. CODE, Company shall report to Augusta, Georgia the total dollars paid to each subcontractor, vendor, or other business on each contract, and shall provide such payment affidavits, regarding payment to subcontractors, if any, as required by Augusta, Georgia. Such utilization reports shall be in the format specified by the Director of Minority and Small Business Opportunities, and shall be submitted at such times as required by Augusta, Georgia. Required forms can be found at www.augustaga.gov. If you need assistance completing a form or filing information, please contact the Local Small Business Opportunity Program Office at (706)821-2406. Failure to provide such reports within the time period specified by Augusta, Georgia shall entitle Augusta, Georgia to exercise any of the remedies set forth, including but not limited to, withholding payment from the contractor and/or collecting liquidated damages. Public Safety Committee Meeting 6/12/2018 1:20 PM Motion to Approve purchase of Mobile Emergency Operations Center Department:Fire Presenter:Christopher E. James Caption:Motion to approve the award of RPF 18-147 Mobile Emergency Operations Center to Ten-8 Fire & Safety Equipment of Georgia, LLC and to authorize the Mayor to execute the contract. Background:The purchase of a Mobile Emergency Operations Center (MEOC) was approved for inclusion on the SPLOST referendum on November 3, 2015. A MEOC is a self-contained, quick response emergency management, communications, and scene support vehicle. The MEOC allows Emergency Management to support its first responders with an on-scene incident command post on natural or man-made intra- and interagency emergencies and special events. Analysis: Financial Impact:Purchase price of $1,070,000 will come from SPLOST VII. Alternatives:Deny Recommendation:Approve Funds are Available in the Following Accounts: Funds will come form SPLOST VII REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission