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HomeMy WebLinkAbout2017-09-26 Meeting Minutes Public Service Committee Meeting Commission Chamber - 9/26/2017 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; Guilfoyle, Chairman; Fennoy, Vice Chairman; Davis and M. Williams, members. PUBLIC SERVICES 1. New Application: A.N. 17-29: A request by Cheong M. Rhee for an on premise consumption Liquor, Beer & Wine License to be used in connection with Harbor Inn Seafood Restaurant located at 3404 Wrightsboro Rd. There will be Sunday Sales. District 5. Super District 9. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Mary Davis Commissioner William Fennoy Passes 2. Request the Augusta Commission accept the bid from Doyle Dickerson Terrazzo at a cost of $64,960 as approved by the Augusta Aviation Commission at their August 31, 2017 Meeting. (Bid Item 17-216) Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner William Fennoy Commissioner Mary Davis Passes 3. Request the Augusta Commission accept the bid from Aero Specialties for $47,944 for the purchase of an Aircraft Belt Loader as accepted by the Augusta Item Action: Aviation Commission at their August 31, 2017 Meeting. (Bid 17-222) Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner William Fennoy Commissioner Marion Williams Passes 4. Request the Augusta Commission accept the bid from J & B Tractor Co. at a cost of $53,155 for the purchase of a new Utility Tractor as accepted by the Augusta Aviation Commission at their August 31, 2017 Meeting. (Bid 17-235) Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner William Fennoy Commissioner Mary Davis Passes 5. Request the Augusta Commission accept FAA Grant 3-13-0011-040-2017 for the design of Airport Access Controls, Air Carrier and GA Apron Rehab, and Airport Drainage Master Plan as accepted by the Augusta Aviation Commission at their August 31, 2017 Meeting. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner William Fennoy Commissioner Mary Davis Passes 6. Request the Augusta Commission approve Griffin Contracting Inc. Change Modification #2 to the ARFF Pavement Rehabilitation Project at Augusta Regional Airport as approved by the Augusta Aviation Commission at their August 31, 2017 meeting. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner William Fennoy Commissioner Mary Davis Passes 7. Approve a Facility Agreement for Diamond Lakes Tennis Center and MACH Academy. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner William Fennoy Commissioner Mary Davis Passes 8. Motion to approve the minutes of the Public Services Committee held on September 12, 2017. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner William Fennoy Commissioner Mary Davis Passes 9. Approve amendments to the Augusta, Georgia Code, Title 7, Chapter 2, Article 1 Nuisances, Section 7-2-2 Nuisances Prohibited so as to clarify the responsibility of property owners with regard to occupied properties. Item Action: Rescheduled Motions Motion Type Motion Text Made By Seconded By Motion Result It was the consensus of the committee that this item be referred to the next committee meeting. 10. Mr. Judon, Airport Executive Director, requests to update the Committee on the Small Community Air Service Development (SCASD) Grant that the Item Action: www.augustaga.gov airport is seeking. Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to delete this item from the agenda. Motion Passes 4-0. Commissioner William Fennoy Commissioner Mary Davis Passes Public Service Committee Meeting 9/26/2017 1:00 PM Attendance 9/26/17 Department: Presenter: Caption: Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Public Service Committee Meeting 9/26/2017 1:00 PM Alcohol Application Department:Planning & Development Presenter:Robert H. Sherman III Caption:New Application: A.N. 17-29: A request by Cheong M. Rhee for an on premise consumption Liquor, Beer & Wine License to be used in connection with Harbor Inn Seafood Restaurant located at 3404 Wrightsboro Rd. There will be Sunday Sales. District 5. Super District 9. Background:This is a New Application 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 $3,492.50 Alternatives: Recommendation:The Planning & Development recommends approval. The R.C.S.O. recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Law Administrator Clerk of Commission Invitation to Bid Sealed bids will be received at this office until Friday, July 21, 2017 @ 11:00 a.m. for furnishing: Bid Item #17-216 Terrazzo Floor Installation for Augusta, Georgia – Augusta Regional Airport Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, July 7, 2017 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference an eligible bidder must submit a completed and signed written application to become a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project. An eligible bidder who fails to submit an application for approval as a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project, and who otherwise meets the requirements for approval as a local bidder, will not be qualified for a bid preference on such eligible local project. No bids may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle June 15, 22, 29. July 6, 2017 Metro Courier June 21, 2017 OFFICIAL VENDORS Attachment "B"E-Verify Addendum 1 SAVE Form Bid Price Doyle Dickerson Terrazzo 1709 University Commericial Pl Charlotte, NC 28213 YES 409819 YES YES $64,960.00 Total Number Specifications Mailed Out: 23 Total Number Specifications Download (Demandstar): 0 Total Electronic Notifications (Demandstar): 101 Mandatory Pre-Bid Attendees: 1 Total packages submitted: 1 Total Noncompliant: 0 Bid Item #17-216 Terrazzo Floor Installation for Augusta, GA- Augusta Regional Airport Bid Date: Friday, July 21, 2017 @ 11:00 a.m. Page 1 of 1 David Allen Company, Inc. PO Box 27705 Raleigh, NC 27603 Doyle Dickerson Terrazzo, Inc. 1709 University Commercial Place Charlotte, NC 28213 Aiken Flooring 2645 Whiskey Road #3 Aiken, SC 29803 American Carpet One Floor & Home 1920 North Leg Road Augusta, GA 30909 Augusta-Aiken Flooring 202 Bobby Jones Expressway Augusta, GA 30907 David Allen Co 108 White Oak Lane Lexington, SC 29073 RETURNED MAIL Natural Cork 1710 North Leg Court Augusta, GA 30309 Floor Pro 103 Vera Road Lexington, SC 29072 RETURNED MAIL Traditions In Tile of Augusta 1712 North Leg Court Augusta, GA 30909 Grovetown Floors and Rugs 814 Horizon South Parkway Grovetown, GA 30813 Master Craft Flooring 4189 Crosstowne Ct. Evans, GA 30809 Castle Care Services 4190 C-2 Wheeler Road Martinez, GA 30907 Skinner JC Flooring Co 3016 Meadowbrook Dr Augusta, GA 30906 Quality Flooring and Construction, Inc. 31052 Spring Grove Dr Augusta, GA 30906 RETURNED MAIL West Augusta Flooring Service 3475 Old Petersburg Road Augusta, GA 30907 RETURNED MAIL Georgia Carolina Flooring 3316 Oakridge Dr Augusta, GA 30909 RETURNED MAIL WPS 1710 North Leg Court Augusta, GA 30909 Master City Flooring 3034 Milledgeville Road Augusta, GA 30904 Customs and Carpets 3375 Milledgeville Road Augusta, GA 30909 CCS Flooring 811 Laney Walker Blvd Augusta, GA 30901 Prides Flooring 601 Broad Street Augusta, GA 30901 RETURNED MAIL Bonitz Flooring Group, Inc 3719 Benchmark Drive Augusta, GA 30909 Merit Flooring Kitchen and Bath 3114 Wrightsboro Road Augusta, GA 30909 Paul Strycharz Augusta Regional Airport Herbert Judon Augusta Regional Airport Kellie Irving Compliance Bid Item#17-216 Terrazzo Floor Installation for Augusta, GA Augusta Regional Airport Bid Due: 7/21/2017 @ 11:00 a.m. Bid Item#17-216 Terrazzo Floor Installation for Augusta, GA Augusta Regional Airport Bid Mailed: 7/15/2017 Public Service Committee Meeting 9/26/2017 1:00 PM BID # 17-216 TERRAZZO FLOOR INSTALLATION Department:Augusta Regional Airport Presenter:Herbert Judon Caption:Request the Augusta Commission accept the bid from Doyle Dickerson Terrazzo at a cost of $64,960 as approved by the Augusta Aviation Commission at their August 31, 2017 Meeting. (Bid Item 17-216) Background:The existing areas in the main terminal waiting area and at the TSA checkpoint presently have carpet squares that are well used and outdated. Airport Staff, through the Procurement Department solicited bids to replace the worn carpet squares with Terrazzo. Only one bid from Doyle Dickerson Terrazzo came back compliant. Analysis:Due to the short life expectancy of carpet and extensive maintenance, Terrazzo flooring is the prudent approach when upgrading area’s with carpet. Maintenance of Terrazzo and overall appearance is much easier and more appealing. Financial Impact:$64,960.00 Alternatives:Deny request. Recommendation:Approve request. Funds are Available in the Following Accounts: 551081201-5413120 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission OFFICIAL VENDORS EZGO Division Div of Textron Inc. 1451 Marvin Griffin Road Augusta, GA 30906 Aerospecialties Inc 11175 W Emerald Street Boise, ID 83713 Attachment B YES YES E-Verify Number 16269 333475 SAVE Form YES YES Bid Price $57,942.00 $47,944.00 Bid Price $49,223.00 $51,424.00 Aircraft Belt Loader 4 Cylinder Diesel Engine: Total Number Specifications Mailed Out: 9 Total Number Specifications Download (Demandstar):4 Total Electronic Notifications (Demandstar): 49 Mandatory Pre-Bid/Telephone Conference: NA Total packages submitted: 2 Total Non-Compliant: 0 Aircraft Belt Loader 6 Cylinder Gas Engine: Bid Opening Item #17-222 Aircraft Belt Loader for Augusta, Georgia -Augusta Regional Airport Bid Due: Friday, August 4, 2017 @11:00 a.m. Page 1 of 1 Invitation to Bid Sealed bids will be received at this office until Friday, August 4, 2017 @ 11:00 a.m. for furnishing: Bid Item #17-222 Aircraft Belt Loader for Augusta, Georgia – Augusta Regional Airport Bid Item #17-224 Passenger Truck Stairs for Augusta, Georgia – Augusta Regional Airport Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, July 21, 2017 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference an eligible bidder must submit a completed and signed written application to become a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project. An eligible bidder who fails to submit an application for approval as a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project, and who otherwise meets the requirements for approval as a local bidder, will not be qualified for a bid preference on such eligible local project. No bids may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle June 29. July 6, 13, 20, 2017 Metro Courier July 5, 2017 Public Service Committee Meeting 9/26/2017 1:00 PM BID # 17-222 AIRCRAFT BELT LOADER BID/ LEASE PURCHASE Department:Augusta Regional Airport Presenter:Herbert Judon Caption:Request the Augusta Commission accept the bid from Aero Specialties for $47,944 for the purchase of an Aircraft Belt Loader as accepted by the Augusta Aviation Commission at their August 31, 2017 Meeting. (Bid 17-222) Background:An Aircraft Belt loader facilitates the process of loading and unloading passenger’s luggage and cargo. For a while now, the Aviation Services Department has been using an old Military Surplus procured belt loader to support the operation. Ground handling request for Commercial and Military Aircraft continues to remain constant and the need for a more reliable and dependable belt loader is now necessary. The aircraft belt loader was included in the 2017 budget. The unit will be financed through GMAC leasing via lease purchase option. Analysis:In the past, the majority of the aviation ground support equipment was procured through military surplus and maintained over many years. The maintenance cost and reliability issues now out weight the savings of the initial purchase price. Through the procurement process, an invitation to bid was advertised and two company’s qualified bids were received. Aero Specialties Inc. provided the lowest price and satisfied all the requirements stipulated in the bid specifications. Bid tabulations are attached. Financial Impact:$47,944 Alternatives:Deny request. Recommendation:Approve request. Funds are Available in the Following 551081206-5421110 Accounts: REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Invitation to Bid Sealed bids will be received at this office until Friday, August 25, 2017 @ 11:00 a.m. for furnishing: Bid Item #17-235 Utility Tractor for Augusta, Georgia – Augusta Regional Airport Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, August 11, 2017 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference an eligible bidder must submit a completed and signed written application to become a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project. An eligible bidder who fails to submit an application for approval as a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project, and who otherwise meets the requirements for approval as a local bidder, will not be qualified for a bid preference on such eligible local project. No bids may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle July 20, 27, August 3, 10, 2017 Metro Courier July 26, 2017 Public Service Committee Meeting 9/26/2017 1:00 PM BID #17-235 UTILITY TRACTOR Department:Augusta Regional Airport Presenter:Herbert Judon Caption:Request the Augusta Commission accept the bid from J & B Tractor Co. at a cost of $53,155 for the purchase of a new Utility Tractor as accepted by the Augusta Aviation Commission at their August 31, 2017 Meeting. (Bid 17-235) Background:The existing 18 year old-field tractor suffered catastrophic transmission and drive shaft failure resulting in more than $22,000 in estimated repairs. This tractor has been out of use since July. Analysis:The investment in repairs and the age of the existing tractor sets the precedent as the main reason for purchasing a new piece of equipment. Taking the repair costs as an investment in new, along with the expected reliability of new, outweighs remaining with the old equipment. Financial Impact:$53,155.00 Alternatives:Deny request. Recommendation:Approve request. Funds are Available in the Following Accounts: 551081203-5421110 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Public Service Committee Meeting 9/26/2017 1:00 PM FAA GRANT 3-13-0011-040-2017 DESIGN FOR AIRPORT PROJECTS Department:Augusta Regional Airport Presenter:Herbert Judon Caption:Request the Augusta Commission accept FAA Grant 3-13-0011- 040-2017 for the design of Airport Access Controls, Air Carrier and GA Apron Rehab, and Airport Drainage Master Plan as accepted by the Augusta Aviation Commission at their August 31, 2017 Meeting. Background:The Augusta Regional Airport applied for a grant from the Federal Aviation Administration to assist with the cost of the design for the projects listed above. The Grant has been received, executed by the Mayor per the Resolution attached, and returned to the FAA before the deadline of August 26, 2017. Analysis:The FAA has agreed to fund the above titled projects at 90% with a grant for $922,705. Financial Impact:$922,705 in grant monies. Alternatives:Deny request. Recommendation:Approve request. New grant proposal PR000067 Funds are Available in the Following Accounts: 551081302-3313111 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission AUGUSTA-RICHMOND COUNTY, GEORGIA _______________________________________ By: Hardie Davis, Jr. Date ATTEST:_____________________________ Lena Bonner, Clerk Date (BALANCE OF PAGE LEFT INTENTIONALLY BLANK) Public Service Committee Meeting 9/26/2017 1:00 PM Griffin Contracting Inc Change Modification #2 - ARFF Pavement Rehab Department:Augusta Regional Airport Presenter:Herbert Judon Caption:Request the Augusta Commission approve Griffin Contracting Inc. Change Modification #2 to the ARFF Pavement Rehabilitation Project at Augusta Regional Airport as approved by the Augusta Aviation Commission at their August 31, 2017 meeting. Background:The original scope of work provides for the rehabilitation of the ARFF Pavement at the Augusta Regional Airport, and shall be performed by Griffin Contracting, Inc. for a contract amount of $544,432.00. This change order modifies the original construction costs due to minor modifications to quantities for ultimate work performed during the course of the project. The purpose of Change Order No 2 is to compensate the Contractor for additional excavation required to accommodate the pavement section and to ZERO out any quantities of materials that were not needed for completion of this project. Analysis:During the final project closeout, several items did not balance. This change order zeros out these items to account for quantities not installed for this project due to minor modifications in project limits during construction. This is the FINAL change order for the construction of this project. Financial Impact:No cost. Alternatives:Deny request. Recommendation:Approve request Funds are Available in the Following Accounts: 551081301-5412110 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission AGREEMENT Diamond Lakes Tennis Center Page 1 of 7 This AGREEMENT is made and entered into this _________ day of_______________, 2017, by and between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, acting through the Augusta Recreation and Parks Department (hereinafter referred to as “Owner”) and MACH Academy, Inc., a corporation established under the laws of the State of Georgia (hereinafter referred to as “Operator”). WHEREAS, MACH Academy, Inc. has identified a desire to staff and provide programs for the Diamond Lakes Tennis Center; and WHEREAS, MACH Academy, Inc. has determined that it would be to benefit of the taxpayers of Augusta, GA for MACH Academy, Inc. and the Augusta Recreation and Parks Department to jointly operate the Diamond Lakes Tennis Center; NOW, THEREFORE, for and in consideration of the mutual promises and the covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledge, the parties agree as follows: A. Term. This agreement will remain in effect through December 31, 2017; thereafter, this agreement shall be on a year to year basis beginning January 1st of each year and terminating on the 31st of December of each year and will automatically renew on a year-to-year basis. Either party hereto, however, may terminate this Agreement by giving the other party a notice in writing of not less than 30 (thirty days, said notice to be forwarded by certified mail, return receipt requested, to the parties at the following respective addresses. B. Responsibilities of MACH Academy, Inc. MACH Academy, Inc. shall provide adequate staffing of Diamond Lakes Tennis Center, which shall include the following features: AGREEMENT Diamond Lakes Tennis Center Page 2 of 7 1. Hours of Operation –??? Monday – Friday, weekends as needed for scheduled tournaments and events. 2. MACH Academy, Inc. will be responsible for allocating courts for the general public. A minimum of two courts will be made available for the general public. 3. MACH Academy, Inc. shall provide staff for all hours of operation at facility and follow the guidelines provided by the Augusta Recreation and Parks Department, and shall have all staff execute and keep on file a Volunteer Release Form and complete the Criminal Background Check Forms. 4. MACH Academy, Inc. shall issue keys for Diamond Lakes Tennis Center to members and officers of MACH Academy, Inc and supply a list of people issued to the Augusta Recreation and Parks Department. The Augusta Recreation and Parks Department Tennis Center Supervisor and Athletic Manager shall also have a key to the Diamond Lakes Tennis Center. 5. MACH Academy, Inc. at the Diamond Lakes Tennis Center shall maintain an inventory of all supplies furnished by the Augusta Recreation and Parks Department and shall perform general maintenance of the interior/exterior of Diamond Lakes Tennis Center facility and restrooms, which includes mopping, sweeping and picking up litter from grounds. 6. MACH Academy, Inc. shall formulate programs, activities and tournaments for the Diamond Lakes Tennis Center as well as maintain a current facility and grounds inspection of all existing grounds and court equipment. In the event that any equipment is deemed unsafe, the equipment must be properly labeled unsafe and Recreation personnel must be contacted within 24 hours. AGREEMENT Diamond Lakes Tennis Center Page 3 of 7 7. MACH Academy, Inc. must follow all safety guidelines set forth by the Augusta Recreation and Parks Department which includes notifying the Augusta Recreation and Parks Department immediately in the following cases: break-ins, property damage, or emergencies. 8. MACH Academy, Inc. will provide staffing support at the Diamond Tennis Center for all Adult and Youth Tournaments hosted by the Augusta Recreation and Parks Department. 9. MACH Academy, Inc. shall be covered under the Volunteer Protection Act of 1997, 42 U. S. C. 14501, et seq. (see attachment) C. Responsibilities of Augusta Recreation and Parks Department The Augusta Recreation and Parks Department shall be responsible for Assisting MACH Academy, Inc. in the operation of the Diamond Lakes Tennis Center as follows: 1. Supply all utilities. 2. Perform all repairs and normal maintenance for the upkeep of the facility (painting, pesticide treatment, mowing grass, etc.) 3. Provide for trash collection from existing canister on ground weekly 4. Supply nets and windscreens 5. Supply all capital purchases, as needed depending on funding 6. Provide for CPR/First Aid & Safety Training for staff 7. Assume responsibility for repairs of building in the event of break-ins and other emergency situations that may arise. AGREEMENT Diamond Lakes Tennis Center Page 4 of 7 8. Assume responsibility for liability as provided in the Volunteer protection Act to MACH Academy, Inc. The Augusta Recreation and Parks Department shall also provide the following departmental contacts for MACH Academy, Inc. 1. Margaret Faughnan – Tennis Program Supervisor-Emergency Contact: (work) 706 821-1600, (mobile) 706-631-9797 2. Bobby Martin – Athletic Manager: (work) 706-796-5025, (mobile) 706-836-7560 D. Ownership: The premises shall remain the property of the Owner throughout the term of the lease. E. Destruction of or Damage to Premises: If the Premises are totally destroyed by storm, fire, flood, lightning, earthquake or other casualty, this Lease shall terminate as of the date of such destruction. F. Assignment and Subletting: Operator may not sublease all or any portion of the Premises or assign this Lease or any interest hereunder, without prior written consent of the Owner. G. Indemnification: Operator specifically agrees that its operations shall be conducted in compliance with all federal, state, and local laws, rules, and regulations, and agrees to indemnify and hold harmless Owner, including without limitation, members of the Augusta, Georgia Commission, from and against all liabilities, losses, suits, claims, demands, judgments, fines, damages, costs and expenses (including all costs for investigation and defense thereof, including but not limited to court costs, expert fees and reasonable attorneys’ fees, which may be incurred by, charged to, or recovered from the foregoing (i) by reason or on account of damages to or destruction of the property of AGREEMENT Diamond Lakes Tennis Center Page 5 of 7 Owner, or any property of, injury to or death of any person, resulting from or arising out of Operator’s use of the premises (except when such damages, destruction, injuries, or death arise solely by reason of Owner’s negligence), or (ii) arising out of the failure of Operator to keep, observe, or perform any of the agreements or conditions of this Agreement. Operator will refer to Owner promptly upon notice thereof, any claim made or suit instituted against it which, in any way, affects Owner or its insurer, and either Operator shall defend or compromise same following notice from Owner, then Owner shall have the right to compromise and defend the same to the extent of its interests, with all costs to be borne by Owner. H. Waivers of Rights: No failure of Owner to exercise any power given it hereunder or to insist upon strict compliance by Operator with any of its obligations hereunder and no custom or practice of the Owner at variance with the terms hereof shall constitute a waiver of Owner’s right to demand strict compliance with terms hereof. I. Open Records: The Operator acknowledges that all records relating to this Agreement and the services to be provided under this Agreement may be a public record subject to Georgia’s Open Records Act. (O.C.G.A. § 50-18-70, et seq.). Operator shall cooperate fully in responding to such request and making all records, not exempt, available for in section and copying as provided by law. Operator shall notify Owner immediately of any request made under the Open Records Act and shall furnish Owner with a copy of the request and the response to such request. J. Governing Law: This Agreement shall be governed and interpreted by the laws of the State of Georgia. AGREEMENT Diamond Lakes Tennis Center Page 6 of 7 K. Venue: All claims, disputes and other matters in question between the Owner and the Operator arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The Operator, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. L. Entire Agreement: This Lease 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 to exercise any power given it hereunder, or to insist upon strict compliance by either party of any obligations hereunder and no custom or practice of the parties at variance with the terms hereof. This Agreement may only be amended by writing signed by both parties. AGREEMENT Diamond Lakes Tennis Center Page 7 of 7 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. MACH Academy, Inc. ________________________ Michael D. Harden President/CEO Augusta, Georgia ________________________ Hardie Davis Jr. Mayor Public Service Committee Meeting 9/26/2017 1:00 PM MACH Academy Agreement for Diamond Lakes Department:Recreation and Parks Presenter:H. Glenn Parker Caption:Approve a Facility Agreement for Diamond Lakes Tennis Center and MACH Academy. Background:MACH Academy will begin program operations at the Diamond Lakes Tennis Center in addition to their current operations of the Fleming Tennis Center. This agreement between Augusta and MACH Academy defines the roles and responsibilities of both parties. Analysis: Financial Impact: Alternatives:Do not approve the agreement. Recommendation:Approve and execute the agreement with MACH Academy. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Public Service Committee Meeting Commission Chamber - 9112120L7 ATTENDANCE: Present: Hons. Guilfoyle, Chairman; Fennoy, Vice Chainnan; Davis and M. Williams, members. Absent: Hon. Hardie Davis, Jr., Mayor. PUBLIC SERVICES l. Motion to approve the minutes of the Public Services Committee held on August Item29,2017. Action: Approved Motions +'#:"" Motion Text Made By seconded By Motion to ^ SDDrOVe.APProve vtotio, Passes 4-0. Commissioner Commissioner Mary Davis William Fennoy rasses Motion Result 2. Discussion: consider suspension or revocation of the Alcohol License and Item Business License for Mr. Keion S. Taylor, dlbla: Last Call Upscale Restaurant & Action: Lounge, l72l Gordon Hwy, for failure to comply with the Augusta-Richmond None County Alcohol Ordinance, Dance Ordinance and Occupation Tax Ordinance. Motions +#:'" Motion rext Made Seconded MotionBy By Result Unanimous consent is given to delete this item from the agenda. Motion to change the one Sunday during the year bars can remain open to New Item Year's Eve per the Augusta Alcohol ordinance. (Requested by Commissioner Action: Sean Frantom) Approved 3. Motions rr"J:"' Motion rext Made Bv Motion to ^ aDDrove.APProve vtotion passes 4-0. Commissioner Commissioner Mary Davis william Fennoy Passes Seconded By Motion Result Motion Result Motion Result 4. New Ownership Application: A.N. 17-26: A request by Rahulkumar J. Patel Item for a retail package Beer & Wine License to be used in connection with Action: Joytiusha LLC dba Lucky 7 located at 1857 C Gordon Highway. District Approved 2. Super District 9 5. New Ownership Application: A.N. 17-27: A request by Colleen M. Hunter for Item an on premise consumption Liquor, Beer & Wine License to be used in Action: connection with Cheddar's Scratch Kitchen located at 3609 Walton Way Ext. Approved There will be Sunday Sales. District 7. Super District 10. Motions f#:" Motion Text Made By seconded By Motion to. aDDrove.APProve uotion Passes 4-0. Motions f#:"" Motion Text Made By Seconded By Motion to. aDDrove.APProve vtotion passes 4-0. Commissioner Commissioner Marion Williams William Fennoy Passes Commissioner Commissioner Mary Davis Marion Williams Passes 6. New Ownership Application: A.N. 17-28: A request by Marcus Bush for a ltem retail package Liquor, Beer & Wine License to be used in connection with Action: Bush's Package Store located at 2102 Martin Luther King Blvd. District Rescheduled 2. Super District 9. Motions Motion Motion Made By Seconded Motion Type Text By Result r\a-., Motion to Commissioner Marion Dies for lackuwlrr deny. Williams of Second Motions f#:" Motion Text Made By seconded By ffiXil Motion to refer this item to the full Defer Commission with no recommendation. Mr. M. Williams votes No. Motion Passes 3-1. Commissioner William Fennoy Commissioner Mary Davis Passes 7. Approve acceptance of Daniel Field Airport's tentative allocation of Federal funding for Fiscal Year 2018. Item Action: Approved Motions r#:" Motion rext Made Bv Motion to ^ aDDrove.APProve uotion passes 4-0. Commissioner Commissione William Fennoy Mary Davis t Pu"t' www.augustaga.gov Seconded By Motion Result Public Service Committee Meeting 9/26/2017 1:00 PM Minutes Department:Clerk of Commission Presenter: Caption:Motion to approve the minutes of the Public Services Committee held on September 12, 2017. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: ORDINANCE NO. ___________ AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE, TITLE 7, CHAPTER 2, ARTICLE 1, NUISANCES; SECTION 7-2-2, NUISANCES - PROHIBITED, SO AS TO CLARIFY THAT OWNERS OF OCCUPIED PARCELS ARE REQUIRED TO MAINTAIN THE PARCEL AND THE PORTION OF THE ADJOINING PUBLIC RIGHT-OF- WAY BETWEEN THE PARCEL AND THE STREET; TO PROVIDE AN EFFECTIVE DATE; TO REPEAL CONFLICTING ORDINANCES, AND FOR OTHER PURPOSES. NOW, BE IT ORDAINED BY THE AUGUSTA, GEORGIA COMMISSION AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME THAT IT IS A VIOLATION OF AUGUSTA, GEORGIA CODE TO NOT COMPLY WITH THE ADOPTED CODE AS STATED IN THE REGULATIONS HEREWITH, AS FOLLOWS: SECTION 1. TITLE 7, CHAPTER 2, ARTICLE 1, NUISANCES, SECTION 7-2-2 IS HEREBY DELETED BY STRIKING THIS SECTION IN ITS ENTIRETY, AND NEW SECTION 7-2-2 IS HEREBY INSERTED TO REPLACE THE REPEALED SECTION AS SET FORTH IN “EXHIBIT A” HERETO. SECTION 2. This ordinance shall become effective upon adoption. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this ___ day of ___________, 2017. __________________________ Attest:______________________________ Hardie Davis, Jr. Lena J. Bonner, Clerk of Commission As its Mayor Seal: CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission on ________________, 2017 and that such Ordinance has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordinance which was approved and adopted in the foregoing meeting(s). ______________________________ Lena J. Bonner, Clerk of Commission Published in the Augusta Chronicle. Date: _________________________ First Reading ______________________ Second Reading ______________________ “EXHIBIT A” NUISANCES [ARTICLE 1 IN GENERAL] Sec. 7-2-1. Generally. The following conditions, in addition to those conditions recognized as such pursuant to State law, are hereby declared to constitute nuisances: substances emitting noxious odors, carcasses of animals, establishments or structures emitting noxious odors, vapors, or fumes; deposits of waste-water; litter, trash, refuse, rubble, and rubbish of all sorts; overgrown vegetation, weeds, brambles, brush or thickets; malfunctioning private sewage disposal systems; dilapidated buildings open to unauthorized or unlawful entry; hazardous trees; all articles, conditions, acts, or things whatsoever, kept, maintained or permitted by any person to pose a threat of injury, inconvenience, or annoyance to the public; and, all pursuits followed or engaged in, behavior or conduct performed by any person, which pose a threat of injury, annoyance, or inconvenience to the public. Sec. 7-2-2. Nuisances—Prohibited. It shall be unlawful for any owner or occupant of any parcel of land lying within Augusta- Richmond County to cause or permit any nuisance to be created or remain upon such premises; and it shall be the duty of such owner or occupant to abate and remove any such nuisance from such premises. No owner or occupant of any parcel of land lying within Augusta-Richmond County shall permit, cause, keep, maintain, or engage in any activity constituting a nuisance, as defined herein, or as otherwise defined by the law of the State of Georgia, within Augusta- Richmond County. Sec. 7-2-2. Nuisances—Prohibited. (a) It shall be unlawful for any owner or occupant of any parcel of land lying within Augusta- Richmond County to cause or permit any nuisance to be created or remain upon such premises; and it shall be the duty of such owner or occupant to abate and remove any such nuisance from such premises. No owner or occupant of any parcel of land lying within Augusta-Richmond County shall permit, cause, keep, maintain, or engage in any activity constituting a nuisance, as defined herein, or as otherwise defined by the law of the State of Georgia, within Augusta- Richmond County. (b) No owner of any occupied parcel of land within Augusta, Georgia shall permit or allow the existence of excessive accumulation or untended growth of weeds, undergrowth or other plant life to grow to a height exceeding twelve (12) inches upon any parcel of land, or on the area between the parcel of land and the street curb. Sec. 7-2-3. Nuisances—Notice. Whenever an inspector of the Planning & Development Department or any other duly constituted inspecting authority of the Augusta-Richmond County Commission determines that a nuisance exists on any premises within Augusta-Richmond County, he may serve written notice upon the owner or occupant, or his agent having control thereof, to abate such nuisance. The notice shall, at a minimum, set forth the nature of the nuisance and the fact that the same constitutes a nuisance upon said property; describe the premises where the nuisance is alleged to exist or to have been committed; and specify a reasonable period of time for the abatement of said nuisance. Said notice shall be served upon the owner or occupant of the premises by personal delivery, or by mailing said notice, certified mail, return receipt requested, addressed to the owner, occupant or agent. If service cannot be effectuated in such a manner after diligent effort to do so, service may be made by conspicuously posting the notice in or about the premises described in the notice, or by causing such notice to be published once in a newspaper of general circulation in Augusta-Richmond County. If the owner or occupant is a corporation, notice may be served upon an officer, a manager or person in charge of any local business office of such corporation, or the corporation's registered agent for service of process. Sec. 7-2-4. Nuisances—Procedures in the event nuisance not abated when specified. In the event that such nuisance is not abated by the owner or occupant within the time specified, then the owner and/or occupant may be cited for violation of this chapter. Sec. 7-2-5. Nuisances—Penalties. Violations of the provisions of this chapter shall be punished as provided in section 1-6-1 of this Code. Public Service Committee Meeting 9/26/2017 1:00 PM Nuisance Ordinance Code Amendment Department:Planning & Development Presenter:Robert H. Sherman III Caption:Approve amendments to the Augusta, Georgia Code, Title 7, Chapter 2, Article 1 Nuisances, Section 7-2-2 Nuisances Prohibited so as to clarify the responsibility of property owners with regard to occupied properties. Background:The Nuisance Code is not clear in stating that property owners are responsible for maintaining their parcel and the portion of the adjoining public right-of-way between the parcel and the street. Analysis:The proposed code amendment will clarify the responsibility of owner’s of occupied property with regard to maintaining their parcel and the portion of the adjoining public right-of-way between the parcel and the street. Financial Impact:N/A Alternatives:Do not approve. Recommendation:Approve Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Public Service Committee Meeting 9/26/2017 1:00 PM Small Community Air Service Development (SCASD) Grant Department:Augusta Regional Airport Presenter:Herbert Judon Caption:Mr. Judon, Airport Executive Director, requests to update the Committee on the Small Community Air Service Development (SCASD) Grant that the airport is seeking. Background:This is an information item. Analysis: Financial Impact:$1M project cost. GDOT grant is $700K. Local match $300K (or 30%). Alternatives: Recommendation: Funds are Available in the Following Accounts: Fund 551 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission