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HomeMy WebLinkAbout2017-07-11 Meeting Minutes Public Service Committee Meeting Commission Chamber - 7/11/2017 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; Fennoy, Vice Chairman; Davis and M. Williams, members. Absent: Hon. Guilfoyle, Chairman. PUBLIC SERVICES 1. New Location Application: A.N. 17-21: A request by Kweli J. Hall for a retail package Beer & Wine License to be used in connection with Greene Street Grocery located at 1002 Greene Street. District 1. Super District 9. Item Action: Rescheduled Motions Motion Type Motion Text Made By Seconded By Motion Result Defer Motion to refer this item to the full Commission with no recommendation. Motion Passes 3-0. Commissioner Mary Davis Commissioner Marion Williams Passes 2. Discuss staff's misrepresentation of a request with willful inaction. (Requested by Commissioner Marion Williams) (Referred from June 29 Commission meeting) Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve receiving this item as information. Motion Passes 3-0. Commissioner Mary Davis Commissioner William Fennoy Passes 3. Approve Marina and Warehouse Operations Contract RFQ 16-204A. Item www.augustaga.gov Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 3-0. Commissioner Mary Davis Commissioner Marion Williams Passes 4. Motion to approve the minutes of the Public Services Committee held on June 13, 2017. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 3-0. Commissioner Mary Davis Commissioner Marion Williams Passes Public Service Committee Meeting 7/11/2017 1:00 PM Attendance 7/11/17 Department: Presenter: Caption: Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Public Service Committee Meeting 7/11/2017 1:00 PM Alcohol Application Department:Planning & Development Presenter:Robert H. Sherman III Caption:New Location Application: A.N. 17-21: A request by Kweli J. Hall for a retail package Beer & Wine License to be used in connection with Greene Street Grocery located at 1002 Greene Street. District 1. Super District 9. Background:This is a New Location. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a pro-rated fee of $665.00. Alternatives: Recommendation:The Planning & Development recommend approval. The R.C.S.O. recommend approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Law Administrator Clerk of Commission Lena Bonner From: Sent: To: Cc: Subject: Glenn Parker Friday, June 16, 2017 2:34 PM Sarah Hudson; Lena Bonner Janice Allen Jackson RE: Speakers for music at the Common We have relayed this message to our sound person. Glenn From: Sarah Hudson Sent: Friday, June 16, 2OL7 2:26 PM To: Lena Bonner <lbonner@augustaga.gov> Cc: Janice Allen Jackson <Janice.Jackson@augustaga.gov>; Glenn Parker <GParker@augustaga.gov> Subject: RE: Speakers for music at the Common Importance: High Lena, Copying them both on this reply to you. Note to: Janice & Glenn, please see Lena's email below. Sarah Hudson Executive Assistant to the Administrator Office of the Administrator 535 Telfair Street, Suite 910 (706) 821-2400 Office sh udson@auqustaoa. gov From: Lena Bonner Sent: Friday, June 16, 2017 2:24 PM To: Sarah Hudson <shudson(@a ueustaga.gov> Subject: RE: Speakers for music at the Common !mportance: High Sarah- Commissioner M. Williams wants to make sure the spealcers are placed;along both sides of the Common as he requested. Please confirm this with Ms. Jackson and Glenn Parker so that I can let him know. Thankyou. Lena J. Bonner Clerk of Commission Office of the Clerk of Commission Suite 2zo Municipal Building 535 Telfair Street Augusta, Georgia 3o9o1 Tel: 7o6-8zr-18zo Fax: 7o6-Ber-rB3B From: Sarah Hudson Sent: Friday, June 15, 2077 2:LBPM To: Lena Bonner <lbonner@augustaga.gov> Subject: FW: Speakers for music at the Common From: Janice Allen Jackson Sent: Friday, June L5, 20L7 2:06 PM To: Sarah Hudson <shudson@auqustaga.gov> Subject: Fwd: Speakers for music at the Common From: Glenn Parker <GParker@augustaga.gov> Date: June 16,2017 at2:02:17 PM EDT To: Janice Allen Jackson <Janice.Jackson@augustaga.gov> Cc: "Joanie D. Smith" <JDSmith@augustaga.gov> Subject: RE: Speakers for music at the Common Janice, Yolanda spoke with Rob Boggs and he will provide additional speakers on Sunday evening. I hope this will satisfy this request from Commissioners M. Williams. Glenn Please consider the environment before printing this email. a [esult of the e-mai{ trarrsntission. lf ,rerificatlon i$ required, please request a harci co6ry versiorr. AED:104.1 Public Service Committee Meeting 7/11/2017 1:00 PM Candlelight Jazz Department: Presenter:Commissioner Marion Williams Caption:Discuss staff's misrepresentation of a request with willful inaction. (Requested by Commissioner Marion Williams) (Referred from June 29 Commission meeting) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Request for Qualification Request for Qualifications will be received at this office until Friday, October 21, 2016 @ 11:00 a.m. for furnishing: RFQ Item #16-204A Marina Operator for the Augusta Recreation, Parks and Facilities Department Qualifications will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Request for Qualification (RFQ) documents may be viewed on the Augusta Georgia web site under the Procurement Department ARCbid. RFQ documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Pre-Qualification Conference will be held on Friday, October 7, 2016, @ 10:00 a.m. in the Procurement Department, 535 Telfair Street, Room 605. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Tuesday, October 11, 2016 @ 5:00 P.M. No RFQ will be accepted by fax, all must be received by mail or hand delivered. No qualifications may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder(s). Request for qualifications (RFQ) and specifications. An RFQ shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the RFQ including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the RFQ which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark RFQ number on the outside of the envelope. Proponents are cautioned that acquisition of RFQ documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFQ documents from unauthorized sources places the Proponent at the risk of receiving incomplete or inaccurate information upon which to base its qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov GERI A. SAMS, Procurement Director Publish: Augusta Chronicle September 15, 22, 29, October 6, 2016 Metro Courier September 21, 2016 OFFICIAL VENDORS Attachment "B"E-Verify #SAVE Form Original 7 Copies U.S. Mariners / Micheal (flipa) Griffin 412 Greene Street Augusta, GA 30901 YES 1111093 Yes YES YES Olde Town Pickers 261 Broad Street Augusta, GA 30901 YES 1111635 Yes YES YES Boatin & Floatin LLC 652 Gregory Dr. Evans, GA 30809 YES 1135136 Yes YES YES RFQ Item #16-204A Marina Operator for Augusta, Georgia - Recreation & Parks Department RFQ Date: Friday, August 21, 2016 @ 11:00 a.m. Total Number Specifications Mailed Out: 9 Pre-Qualifications/Telephone Conference Attendees: 12 Total packages submitted: 3 Total Noncompliant: 3 The following vendors did not respond: Mike's Marina / 1 Fifth Street / Augusta, GA 30901 Port Marine Services / 2209 Edgewood Dr. / Augusta, GA 30904 Page 1 of 1 U.S. Mariners / Micheal (flipa) Griffin 412 Greene Street Augusta, GA 30901 Olde Town Pickers 261 Broad Street Augusta, GA 30901 Boatin & Floatin LLC 652 Gregory Dr. Evans, GA 30809 A. Package submitted by the deadline Pass/Fail Pass Pass Pass B. Package is complete (includes requested information as required per this solicitation) Pass/Fail Pass Pass Pass C. Overall Quality of RFP (concise and to-the-point) 50 31.7 45.0 46.7 1. Respondents Experience 100 73.3 88.3 86.7 2. Financial Responsibility 100 63.3 88.3 90.0 3. Project Management 95 48.3 85.0 81.7 4. Key Personnel & Staff 90 66.7 85.0 83.3 5. Organizational Qualifications 85 43.3 75.0 76.7 6. Optional Interview (Potential Bonus Points)10 9.0 7.7 D. TOTAL 480 295.0 430.7 426.0 1. Prior experience in marina operation or knowledge of marina operation. 60 53.3 55.0 53.3 2. Experience in performing daily maintenance repairs and upkeep of marina area. (Examples include repair of water lines, simple dock repairs, facility cleaning.) 40 35.0 38.3 38.3 3. Prior sales experience with an emphasis on concessions and gasoline and ability to obtain Class “A” and Class “C” Fuel Operator Certification. 40 35.0 40.0 40.0 4. Ability to perform customer service to marina patrons by providing 24 hour emergency service, on site resident management. 40 35.0 38.3 36.7 5. Demonstrate an ability to coordinate with Recreation and Parks Department with Special Events on the River and an ability to develop a rental plan (canoes, kayaks etc.) 20 15.0 18.3 18.3 E. TOTAL 200 173.3 190.0 186.7 Within Richmond County 10 10 10 Within CSRA 8 8 Within Georgia 6 Within SE United States (includes AL, TN, NC, SC, FL) 4  All Others 2 TOTAL 10 10 10 8 H. References 10 4.0 4.3 9.3 Total 750 514.0 680.0 676.7 Evaluation Meeting - RFQ Item #16-204A Marina Operator for Augusta, Georgia - Recreation & Parks Department Evaluation Committee Meeting: Monday, November 7, 2016 @ 10:00 a.m. Vendors Total (Total Possible Score 750) Second Round Elimination (Total Points 50) (MUST ACHIEVE 35 POINTS FOR CONTINUED CONSIDERATION) (MUST PASS FOR CONTINUED CONSIDERATION) RANKING - First Round Elimination D. Narrative Reference(s) (Total Points 10 Submittal and Quality of RFP Scope of Services (Total Points 200) E. Scope of Services F. Proximity to Area Proximity to Area (Total Points 10) Quality of RFP Proposer’s Overall Ability to Provide the Services (Total Points 470) Procurement DepartmentRepresentative: Nancy Williams Evaluator: Cumulative Date: 12/16/16 Procurement Department Completion Date: 12/16/16 Internal Use Only Note: Respondent/Offeror(s) receiving 600 or more points will be invited to do presentations to provide additional information if deemed necessary. Michael Y. Brown Mike's Marina 1 Fifth Street Augusta, GA 30901 Edward Dorr Port Marine Services 2209 Edgewood Drive Augusta, GA 30904 Michael (flipa) Griffin U.S. Mariners 412 Greene Street Augusta, GA 30901 Elizabeth W. Christian Olde Town Pickers 416 8th Street Augusta, GA 30901 Francis Christian 261 Broad Street Augusta, Ga. 30901 Marvin Metzger 14915 Coffee Bluff Road Savannah, Georgia 31419 Mike Brown 1906 Gordon Highway Augusta, Georgia 30904 RETURNED MAIL Phillip Maddox P.O. Box 31191 Augusta, Ga. 30903 Phillip Rhodes P.O. Box 9332 Augusta, Ga. 30916 Glen Parker Recreation, Parks & Facilities Darrell Bennett Recreation, Parks & Facilities Kellie Irving Compliance - LSBOP RFQ Item 16-204A Marina Operator for Recreation and Parks Dept. Due: Fri. 10/21/16 @ 11:00 a.m. RFQ Item 16-204A Marina Operator for Recreation and Parks Dept. Mailed: September 15, 2016 Recreation & Parks Department Administrative Office 2027 Lumpkin Road – PO BOX 5605 Augusta, GA 30916 (706) 796-5025 Office – (706) 796-4099 Fax www.augustaga.gov/recreation H. Glenn Parker, Director gparker@augustaga.gov June 5, 2017 TO: Geri A. Sams, Procurement Director FROM: H. Glenn Parker, Director SUBJECT: Recommendation on Request for Qualifications #16-204A Augusta Marina Operator The Augusta Procurement Department received three (3) compliant qualification packages for the referenced project. Based on review and recommendation from staff, the Department of Recreation and Parks recommends award of RFQ Item 16-204A to Olde Town Pickers. Upon your review and approval, we will be forwarding this item to the Commission for consideration. Please let us know if you have any questions. Cc: Phyllis Johnson, Procurement. Gary Hegner, Deputy Director for Parks Page 1 of 7 STATE OF GEORGIA COUNTY OF RICHMOND RIVERWALK MARINA STORE AND MARINA WAREHOUSE LEASE AGREEMENT THIS RIVERWALK, MARINA STORE AND MARINA WAREHOUSE LEASE AGREEMENT, made and entered into, effective the 1st day of ___________, 2017 by Augusta, Georgia, a political subdivision of the State of Georgia (hereinafter referred to as “Augusta”), and Olde Town Pickers (hereinafter referred to as “Operator.” W I T N E S S E T H: Whereas, Augusta is the owner and operator of the Riverwalk Marina, consisting of that parcel of land with improvements thereon, as shown in Exhibit “A” on the Savannah River, whose address is #1 Fifth Street, Augusta, Richmond County, Georgia, Tax ID Parcel #037-4-001-04-0 (Tracts 1, 1A, 1B and 1C) and extending down-river until the Gordon Highway Bridge; and the Riverfront Marina; all that parcel of land with improvements thereon, as shown in Exhibit “B” with address as 103 Riverfront Drive, Augusta, Richmond County, Georgia, hereinafter called the “Riverfront Marina”. Said Riverfront Marina being situate, lying and being upriver from the Boathouse and extending up-river until the point at which the extended East Boundary right of way intersects the Savannah River; as well as the fenced portion including the Boat Storage Warehouse building and property, hereinafter called the ‘Warehouse”, whose address is #1 Levee Road in Augusta, Richmond County, Georgia, Tax Parcel ID 048-0-001-03-0 as shown on Exhibit “C”. Said Exhibits A, B and C being incorporated herein by reference. Augusta Marinas shall also include any changes, additions, alterations, modifications, and/or improvements on or to Augusta Marinas premises made in accordance with this Riverwalk Marina Store and Marina Warehouse Lease Agreement. WHEREAS, Augusta wishes the Operator to operate, and the Operator wishes to operate, Augusta Marinas and facilities; NOW THEREFORE, the parties hereto, for and in consideration of the mutual promises herein contained, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. DO HEREBY AGREE, each for itself and successors and assigns, as follows: 1. CITY MARINAS. Defined. Augusta, by this duly approved authorization, does hereby grant unto Operator, authority to operate said City Marinas; and Operator does hereby accept the authority to operate said City Marinas as described. 2. TERM. City hereby grants authority to operate City Marinas, and Operator hereby accepts authority to operate City Marinas, for consideration and upon and subject to the terms and conditions set forth herein, for a term of three (3) years, commencing upon the execution of this Agreement by all parties. Subject to the approval of Augusta, Operator may exercise an option to renew this Agreement twice for one (1) Page 2 of 7 year per renewal. Such exercise renewal must be exercised at least 180 days prior to the expiration of the current lease term. This Agreement shall (i) terminate absolutely and without further obligation on the part of Augusta each and every December 31st, as required by OCGA § 36-60-13, as amended, unless terminated earlier in accordance with the termination provisions of this Agreement; (ii) automatically renew on each January 1st, unless terminated in accordance with the termination provisions of this Agreement; and (iii) terminate absolutely, with no further renewals, on _______________, 2022, unless extended by written amendment. 3. CONSIDERATION. As consideration for authority to operate City Marinas, Operator agrees to compensate City in the amounts as shown: a. In Year One, the amount of FIFTEEN HUNDRED ($1,500) per month for the Riverfront Marina, and the amount of SEVEN HUNDRED FIFTY ($750) for the Warehouse, plus a payment for water, sewer and electric utilities in the amount of TWELVE HUNDRED ($1,200) per month, for a total monthly payment of THREE THOUSAND FOUR HUNDRED FIFTY ($3,450). b. In Year Two, the amount of EIGHTEEN HUNDRED ($1,800) per month for the Riverfront Marina, and the amount of NINE HUNDRED ($900) PER MONTH FOR THE Warehouse, plus a payment for water, sewer and electric utilities in the amount of TWELVE HUNDRED ($1,200) per month, for a total monthly payment of THREE THOUSAND NINE HUNDRED ($3,900). c. In Year Three, the amount of TWO THOUSAND ONE HUNDRED SIXTY ($2,160) per month for the Riverfront Marina, and the amount of ONE THOUSAND EIGHTY ($1,080) for the Warehouse, plus a payment for water, sewer and electric utilities in the amount of TWELVE HUNDRED ($1,200) per month, for a total payment of FOUR THOUSAND FOUR HUNDRED FORTY ($4,440). d. In Years Four and Five, payments for all rents, including utilities, would increase by 5% Annually. Therefore, total monthly payment for Year Four will be FOUR THOUSAND SIX HUNDRED SIXTY-TWO ($4,662), and monthly payment for Year Five will be FOUR THOUSAND EIGHT HUNDRED NINETY-FIVE ($4,895) 4. OPERATIONS. The Operator shall have an experienced manager on the premises at all times that the Marina store is open. The conduct of the Operator’s employees shall be subject to reasonable regulation by Augusta. The Hours of Operation may vary, but are subject to approval by the Augusta Commission. If Augusta has evidence to reasonably believe that an employee of Operator is incompetent, disorderly, or otherwise has performed his or her duties in an objectionable manner, Augusta shall have the right to require the Operator to replace said employee. The Operator’s employees are expected to provide good customer service at all times. 5. FEE SCHEDULE, PATRON RULES AND REGULATIONS. All rentals of boat slips, warehouse storage space (either dry or outdoor) or other rental agreements within areas managed by the Operator shall abide by the fees, rules and regulations as Page 3 of 7 stipulated within the Boat Slip Rental and Storage Agreement (Appendix “A”) and the Marina/Warehouse Rules and Regulations (Appendix “B”). Said fees shall be posted in a conspicuous location at both the Marina Store and the Warehouse. These fees shall be in effect for the duration of the Lease Agreement. Should any fee changes be necessary during the course of this Lease Agreement, Operator shall petition the Recreation and Parks Department, as well as the Augusta Port Authority, for review of said changes prior to their submission to the Augusta Commission. Any and all fee modifications MUST be fully approved by the Augusta Commission prior to implementation. Changes to the Fee Schedule shall be made no more than once per calendar year. 6. CONTACTS. Operator or Operator’s staff will be expected to be available by phone during normal business hours and for after-hours emergencies. Business hours and contact phone numbers should be posted in a conspicuous place in both the Marina Store and on the Warehouse fence. 7. CONCESSIONS. The Operator may sell concessions as it desires, however, there will be no sale of alcohol on the premises. Additionally, any equipment that is necessary for the sale of concessions must be furnished by the Operator. Augusta reserves the right to review concession prices and suggest changes. 8. SPECIAL EVENTS. Operator will assist with any Augusta-sponsored or co- sponsored events held at or near the Augusta Riverwalk and Riverfront Marina without compensation from event organizers. 9. FUEL AND FUEL TANK. Operator will provide gasoline sales and operation by acquiring all applicable petroleum vendor licensing. If the current underground storage tanks (UST) are to be used, Operator must follow and comply with all UST regulations and follow EPD and EPA requirements, including, but not limited to O.C.G.A. § 12-13-1, et. seq. and 40 CFR Part 280, Subpart C (2000). In the event that Operator chooses to use the USTs and a spill or leak occurs, Operator shall indemnify and reimburse Augusta for the cost of said cleanup. NOTE: The diesel fuel tank will be rendered inoperable by Augusta, so that no accidental filling of said tank occurs. No diesel fuel will be sold by the Operator during the lease period. 10. UTILITIES. Operator shall obtain utilities in their name, including electricity, gas, water/sewerage, and telephone. Augusta will continue to provide and maintain utilities and landscaping for the common areas used by the general public at large. Common Area Utilities include: street and sidewalk lighting, fountains, and garbage, water, and sewer services. Operator will be responsible for Utilities in connection with operation of the store, fuel station, docks, and individual boat slips. Augusta will assure that the metering of the electric and water utilities is appropriate for the distribution of billing. The Operator is responsible for placing all garbage in an Augusta supplied container(s). Augusta will provide weekly garbage collection for said containers. Special events may require more frequent garbage collection. 11. REPAIRS AND MAINTENANCE. Operator is responsible for performing daily maintenance repairs and upkeep of docks, store, boat ramps, warehouse, and parking areas. Operator is responsible for reporting repairs that he/she cannot handle to Page 4 of 7 Augusta as soon as he/she realizes that he/she cannot handle the repair. Operator is responsible for keeping the Marinas and the Warehouse neat, clean, and free of trash and in good condition. Augusta staff will clean the restrooms next to the Marina Store at the beginning of each day. Operator will be responsible for replacing paper products in restrooms as needed each day and enforcing discipline in the restrooms as needed to ensure cleanliness and availability of the resource to the public. Operator will be responsible for locking up the restrooms when the Marina Store closes for the day. Augusta will keep the roof, cupola, foundation, exterior walls, and underground infrastructure neat and functional. Augusta will also be responsible for normal wear and tear of interior floors, walls, ceiling, and air conditioning, heating, and cooling equipment, replacing each as necessary. CHANGES, ADDITIONS, MODIFICATIONS, ALTERATIONS, IMPROVEMENTS. Operator shall not, without prior written consent of Augusta, make any changes, additions, alterations, modifications, and/or improvements, structural or otherwise, including fees charged for services, in or upon any part of the Augusta Marinas. Operator agrees to submit any and all plans for any changes, additions, alterations, modifications, and/or improvements to the Augusta Marinas to the Augusta Recreation and Parks to submit to the Augusta Commission for approval before said alterations, changes or additions are begun. Augusta shall not unreasonably withhold its approval of said plans. 12. INSPECTION BY AUGUSTA. Augusta shall have the right to enter upon Augusta Marinas and Warehouse during regular business hours when a representative of the Operator is present, or at any time in case of emergency to determine whether Operator had complied with and is complying with the terms and conditions of this agreement; provided, however, that said inspection shall in no event unduly disrupt or interfere with the Marina or Warehouse operation. Any deficiencies noted during the inspection shall by corrected within Thirty (30) days of notice. Full Inspections shall be conducted on a semi-annual basis on a mutually-agreeable schedule by representatives of Augusta Recreation and Parks, Augusta Risk Management or similarly appropriate Augusta staff, a member of the Port Authority Board of Directors, along with the Operator. Quarterly Follow-Up Reports shall note progress/changes made to deficiencies noted within the semi-annual inspections. These Reports are to be sent to Augusta Recreation and Parks no later than January 30th, April 30th, July 30th and October 30th of each year. 13. RULES AND REGULATIONS. Operator agrees that operation of Augusta Marinas and Warehouse shall be conducted in accordance with all local, state and federal laws, environmental laws, and the ordinances of Augusta, Georgia. Any changes, additions or modifications to rules and regulations in place at the time of the execution of this agreement must be approved by the Augusta Commission. Operator further agrees to endeavor to conduct its business in such a manner as will develop and maintain the good will and active interest of the general public. 14. REPORTS. Operator will be responsible for filing each month a report for the previous month. The report will be due on the 15th day of each month. The report should be sent to the Director of the Department of Recreation and Parks and the Page 5 of 7 Chairman of the Augusta Port Authority. This report can be in a form developed by the Operator and approved by the Department and the Port Authority. The monthly report should include gross revenue for the previous month with a dollar amount for each source. These reports will be subject to audit by the Augusta Finance Department. An annual report of Marina activities, revenue, improvements, and conditions should be prepared by the Operator for review by Augusta no later than February 1st of each year following the close of the fiscal year on December 31st. 15. INDEMNITY. Operator agrees to maintain Augusta Marinas and Warehouse with an emphasis on safety and cleanliness, and will focus on limiting liability while holding marina users accountable for their actions. Operator agrees that its operations shall be conducted in compliance with all federal, state, local and environmental laws rules and regulations; and agrees to indemnify and hold harmless Augusta and its employees, from and against any claims, actions, demands or liabilities of any kind arising out of or relating to Operator’s operation of Augusta Marinas and Warehouse. 16. INSURANCE. Operator further agrees to maintain at all times during this agreement, at Operators expense, general public liability insurance coverage against claims for personal injury, death and/or property damage occurring in connection with the use and occupancy of Augusta Marinas and Warehouse or arising out of Operators improvements, repairs and/or alterations of Augusta Marinas or Warehouse, with limits of coverage of not less than ONE MILLION ($1,000,000) per occurrence. The Augusta Port Authority and Augusta, Georgia shall be named as co-insured on this policy. Operator shall also maintain appropriate insurance coverage for any boat or vehicle used in conjunction with the public, and that these vehicles and equipment be inspected by the appropriate governing body at normally accepted intervals, with records made available of such inspections to the Augusta Recreation and Parks Department on an annual basis. 17. DEFAULT. In the event that the Operator shall fail to observe any of its covenants and obligations as herein expressed or cease to operate Augusta Marinas and Warehouse for the purpose set out herein, then upon the happening of such event, Augusta shall give the Operator THIRTY days’ notice to comply with the provisions of this Marina and Warehouse Operator Agreement. If conditions cannot be remedied within said thirty (30) day period, to commence the remedy and diligently pursue it to completion, or if the Operator is not following all provisions of this Lease Agreement in good faith, Augusta has at its recourse the ability to give Operator NINETY (90) days’ notice that they wish to cease all remaining operations and nullify the remaining contract terms. OPERATOR likewise has the responsibility to provide Augusta a written summary of conditions requiring remedy, giving THIRTY days to allow for the correction of such conditions. If said conditions are not corrected to agreement by both the Operator and Augusta, or if Augusta is not following the provisions of this Lease Agreement in good faith, the Operator has at its recourse the ability to give Augusta a written NINETY (90) day Notice that they wish to terminate the Lease Agreement. QUIET ENJOYMENT, INGRESS AND Page 6 of 7 EGRESS. Augusta covenants and warrants that Operator, so long as it shall perform the duties and obligations herein agreed to be performed by it, shall peaceably and quietly have, hold and occupy and shall have the exclusive use and enjoyment to operate Augusta Marinas and Warehouse during the terms of this Lease Agreement and any extensions thereof. Operator, in cooperation with the United States Coast Guard Auxiliary and the Savannah Riverkeeper, shall have 24-hour access to all noted facilities and locations within this Lease Agreement to facilitate emergency response, marina and warehouse security, boating safety, Savannah River environmental education and protection, and other opportunities open to the general public. Any river events, such as boat races and rowing regattas shall have access to available dock space within the leased areas to accommodate adequate river safety and use. 18. FACILITIES. Owner acknowledges that it will receive management control of the premises and Augusta properties in their current “as is” condition. Operator will be responsible for maintaining the premises and properties in good order and in a sanitary and safe condition. 19. GOVERNING LAW; VENUE. This agreement shall be governed and interpreted by the laws of the State of Georgia. All claims, disputes and other matters in question between all parties arising out of or relating to this Agreement, shall be decided in the Superior Court of Richmond County, Georgia. 20. NOTICES. All notices, demands and requests which may or are required to be given by either Augusta or the Operator to the other hall be in writing and shall be deemed to have been properly given when postage sent prepaid by registered and certified mail (with return receipt requested) addressed as follows: If intended for Operator: Olde Town Pickers #1 5th Street Augusta, GA 30901 If intended for Augusta: Augusta, Georgia 535 Telfair Street Office of the Mayor, Suite 200 Augusta, GA 30901 With copy to: Augusta Recreation and Parks, Attention Director Page 7 of 7 2027 Lumpkin Road, Augusta, Georgia 30906 21. ENTIRE AGREEMENT. This Lease Agreement contains the entire Agreement of the parties, and no representations, inducements, promises or agreements, oral or otherwise, between the parties not embodied herein shall be of any force or effect. No failure of either party of any obligation hereunder, and no custom or practice of the parties at variance with the terms hereof shall constitute a waiver of either party’s right to demand exact compliance with the terms hereof. IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first above written or have caused this Lease to be executed by their respective officers thereunto duly authorized. Signed, sealed and delivered in the presence of: OPERATOR By: _________________________________ Attest: By: _________________________________ AUGUSTA, GEORGIA By: _________________________________ HARDIE DAVIS, JR., MAYOR Attest: By: _________________________________ LENA J. BONNER, CLERK OF COMMISSION Public Service Committee Meeting 7/11/2017 1:00 PM Marina and Warehouse Operations Contract Department:Recreation and Parks Department Presenter:H. Glenn Parker Caption:Approve Marina and Warehouse Operations Contract RFQ 16- 204A. Background: The proposed Contract will allow for Olde Town Pickers, LLC to operate these facilities. Analysis:A total of two firms were deemed compliant through the Procurement process and interviewed. Olde Town Pickers, LLC was chosen due to their experience in performing similar work and their familiarity with the facilities. Financial Impact:In Year One, the contract will net the City of Augusta $41,400. The amount increases to $46,800 in Year Two, and $53,280 in Year Three. Alternatives:1) To approve the proposed contract between the City of Augusta and Olde Town Pickers, LLC. 2) Take no action, with the resultant part-time contract remaining intact. Recommendation:Move to Approve Funds are Available in the Following Accounts: 104.06.1711/3831110 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Public Service Committee Meeting Commission Chamber - 6113/2017 ATTENDANCE: Present: Hons. Guilfoyle, chairman; Davis and M. williams, members. Absent: Hon. Hardie Davis, Jr., Mayor; Fennoy, Vice Chairman. PUBLIC SERVICES 1. Approve the lease agreement with Aeronautical Radio, Inc. (ARINC) as Item approved by the Augusta Aviation Commission at their May 25,2017 meeting. Action: Approved Motions f#:" Motion Text Made By Seconded By Motion to Approve ffi3,',:;'*^r., 3-0. 2. New Ownership Application: A.N. 17-20: A request by Christopher S. Toy for Item an on premise consumption Liquor, Beer & Wine License to be used in Action: connection with The Finish Line Cafe located at 3960 Wrightsboro Rd. There Approved will be Sunday Sales. District 3. Super District 10. Commissioner Commissioner Mary Davis wayne Guilfoyle Passes Motion Result Motion Result Motions f#:" Motion Text Made By seconded By Motion to Approve ffi3,1:h.,,", 3-0. Commissioner Commissione Marion williams Mary Davis )r Passes 3. Update from Code Enforcement regarding the partially demolished old factory Itembuilding located on Martin Luther King Blvd./Mills Street at the railroad tracks. Action:(Requested by Commissioner Marion Williams) Approved Motions |'#:"' Motion rext Motions il,'J:" Motion rext Made By Seconded By Motion Result Motion Result Passes Motion to approve receiving this item as A ---^--- informat]on and bring commissioner commissionrApprove #; ", update after ihe U?,l,,:i, Mary Duui, t' Passes June 27 court hearing. Motion Passes 3-0. 4. Discuss recognizing CVB as the official film liaison for the City of Augusta. Item (Requested by commissioner sean Frantom) Action: Approved Motions Motion Type Approve 3-0. 5. Motion to approve the minutes of the Public Services Committee held on May Item 30,2017 . Action: Approved Motions Motion Type Approve 3-0. 6. Presentation by Mr. Tom Hubbard regarding Public Art: Process of engaging Item both artists and the community. Action: Approved Motion Text Made By Motion toapprove. Commissioner Motion Passes Marion Williams seconded By Motion Result Commissioner Mary Davis Passes Motion Text Made By Seconded By Motion toapprove. Commissioner Commissioner Motion Passes Mary Davis Wayne Guilfoyle seconded By Motion Result Motion to approve Made By 7. ZA-R-248 - A request for concurence with the Augusta Georgia Planning ItemCommission to approve a request to amend the Compreheniive Zonin! Action: Ordinance for Augusta Georgia by adding Noise (Ordinance) to Section 2 - lpprovedDefinitions, Section 4 - off-street parking and Loading, Section 2l - B-l (Neighborhood Business), Section 22 - B-2 (General Business). (Approved by Commission May 16,2017) (Requested by Commissioner Marion Williamsj receiving this item as Approve information. Motion Passes 3-0. Motions Motion Motion Textrype Motion to approve and refer it to the full Commission with the Approve recommendation that the second reading be waived. Motion Passes 3-0. Commissioner Commissioner Mary Davis Marion Williams Passes Made By Commissioner Marion Williams Motionseconded BY Resutt CommissionerM;t;;i' Passes 8. Approve the waiver of the noise ordinance for Augusta Pride and authorize the Item Law Department to review the current noise ordinance. Action: Approved Motions +'#:"' Motion Text Made By Seconded By Motion to ^ aDDrove.APProve vlotio, passes 3-0. Motion Result PassesCommissioner Commissioner Mary Davis Wayne Guilfoyle www.augustaqa.gov Public Service Committee Meeting 7/11/2017 1:00 PM Minutes Department:Clerk of Commission Presenter: Caption:Motion to approve the minutes of the Public Services Committee held on June 13, 2017. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: