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HomeMy WebLinkAbout2019-09-24 Meeting Minutes Public Service Committee Meeting Commission Chamber - 9/24/2019 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; Davis, Chairman; Hasan, Vice Chairman; Clarke and Fennoy, members. PUBLIC SERVICES 1. New Ownership: A.N. 19-35: A request by Ankitkumar Patel for a consumption on premise Liquor, Beer & Wine License to be used in connection with World of Beer Augusta located at 2819 Washington Rd. There will be Sunday Sales. District 7. Super District 10. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Ben Hasan Commissioner John Clarke Passes 2. New Location: A.N. 19-36: A request by Benjamin M. Zheng for a consumption on premise Liquor, Beer & Wine License to be used in connection with Top Crab Seafood & Bar located at 1347 Augusta West Parkway #02A. There will be Sunday Sales. District 3. Super District 10. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Ben Hasan Commissioner John Clarke Passes 3. New Location: A.N. 19-37: A request by Gregory L. Sims for a consumption on premise Liquor, Beer & Wine License to be used in connection with Dave & Buster's located at 807 Cabela Drive. There will be Sunday Sales. District 7. Super District 10. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve with a waiver of the 180 day period for the purchase of the license. Motion Passes 4-0. Commissioner William Fennoy Commissioner Ben Hasan Passes 4. New Location: A.N. 19-38: A request by Gregory L. Sims for a Arcade/Gameroom License to be used in connection with Dave & Buster's located at 807 Cabela Drive. District 7. Super District 10. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve with a waiver of the 180 day period for the purchase of the license. Motion Passes 4-0. Commissioner William Fennoy Commissioner Ben Hasan Passes 5. Motion to approve the purchase of two (2) Ground Power Units from Aero Specialties in the amount of $39,333.50 per unit for a grand total $78,667.00. Bid Item 19-160A Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner John Clarke Commissioner William Fennoy Passes 6. Motion to approve the minutes of the Public Services Committee held on September 10, 2019. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner John Clarke Commissioner William Fennoy Passes 7. Motion to approve the updated template for Memoranda of Understanding (MOU) between Augusta, Georgia and Community Partners for the joint operation of community centers. Item Action: Rescheduled Motions Motion Type Motion Text Made By Seconded By Motion Result Defer Motion to refer this item to the Commission meeting on October 1, 2019. Motion Passes 4-0. Commissioner John Clarke Commissioner William Fennoy Passes www.augustaga.gov Public Service Committee Meeting 9/24/2019 1:00 PM Attendance 9/24/19 Department: Presenter: Caption: Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Public Service Committee Meeting 9/24/2019 1:00 PM Alcohol Application Department:Planning & Development Presenter:Julietta H. Walton Caption:New Ownership: A.N. 19-35: A request by Ankitkumar Patel for a consumption on premise Liquor, Beer & Wine License to be used in connection with World of Beer Augusta located at 2819 Washington Rd. There will be Sunday Sales. District 7. Super District 10. Background:This is a New Ownership, formerly in the name of David Schultz. 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 approved the application subject to additional information not contradicting the applicant’s statements. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Public Service Committee Meeting 9/24/2019 1:00 PM Alcohol Application Department:Planning & Development Presenter:Julietta H. Walton Caption:New Location: A.N. 19-36: A request by Benjamin M. Zheng for a consumption on premise Liquor, Beer & Wine License to be used in connection with Top Crab Seafood & Bar located at 1347 Augusta West Parkway #02A. There will be Sunday Sales. District 3. Super District 10. Background:The 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 $3,492.50 Alternatives: Recommendation:The Planning & Development approved the application subject to additional information not contradicting the applicant’s statements. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Public Service Committee Meeting 9/24/2019 1:00 PM Alcohol Application Department:Planning & Development Presenter:Julietta H. Walton Caption:New Location: A.N. 19-37: A request by Gregory L. Sims for a consumption on premise Liquor, Beer & Wine License to be used in connection with Dave & Buster's located at 807 Cabela Drive. There will be Sunday Sales. District 7. Super District 10. 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 $3,660.00 Alternatives: Recommendation:The Planning & Development approved the application subject to additional information not contradicting the applicant’s statements. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Public Service Committee Meeting 9/24/2019 1:00 PM Arcade/Game room Department:Planning & Development Presenter:Julietta H. Walton Caption:New Location: A.N. 19-38: A request by Gregory L. Sims for a Arcade/Gameroom License to be used in connection with Dave & Buster's located at 807 Cabela Drive. District 7. Super District 10. Background:This is a New Location. Analysis:The applicant meets the requirements of the City of Augusta's Arcade and Amusement Ordinance. Financial Impact:The applicant will pay a regulatory fee and the occupation tax fee based on gross revenue. Alternatives: Recommendation:The Planning & Development approved the application subject to additional information not contradicting the applicant’s statements. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Invitation to Re-Bid Sealed Re-bids will be received at this office until Friday, August 23, 2019 @ 11:00 a.m. for furnishing: Re-Bid Item #19-160A Aircraft Ground Power Unit 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 Re-Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Re-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 9, 2019 @ 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 Re-bids may be withdrawn for a period of ninety (90) 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 re-bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle July 18, 25, August 1, 8, 2019 Metro Courier July 18, 2019 Public Service Committee Meeting 9/24/2019 1:00 PM Ground Power Unit Purchase- Augusta Regional Airport Department:Augusta Regional Airport Presenter:Herbert Judon Caption:Motion to approve the purchase of two (2) Ground Power Units from Aero Specialties in the amount of $39,333.50 per unit for a grand total $78,667.00. Bid Item 19-160A Background:Aviation Services currently only has two ground power units to service aircraft. Recently one unit was down for repairs for an extended period, which placed a strain on operations. During the budget planning period for 2019, two ground power units were requested and approved Analysis:In collaboration with the Procurement Department, an Invitation to bid for two 28.5v ground power units were issued. The solicitation was mailed out to nine vendors and three responsive bids were received. After reviewing all three bids it was determined that Aero Specialties was the lowest responsive bidder, at $39,333.50 per unit for a grand total $78,667.00. (See bid tabulation attached). The units will be financed through GMAC leasing via the lease purchase option. Financial Impact:$78,667.00 Alternatives:to deny Recommendation:August Aviation Commission and Airport Staff recommends approval Funds are Available in the Following Accounts: 551081306-5413120 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Public Service Committee Meeting Commission Chamber - 9ll0l20l9 ATTENDANCE: Present: Hons. Davis, Chairman; Hasan, Vice Chairman; Clarke and Fennoy, members. Absent: Hon. Hardie Davis, Jr., Mayor. PUBLIC SERVICES 1. New Ownership Application: A.N. 19-33: A request Ashraf for a retail Beer & Wine License to be used Chevron Food Mart located at 202 East Boundary Suite District 9 Motions f#:" Motion Text Made By Seconded By Motion to ^ aDDrove.APProve rraotlorpasses 4-0. New Ownership Application: A.N. 19-34: A for an on premise consumption Liquor, Beer connection with Sheehan's Irish Pub located at 2. Super District 9. by in B. Muhammad A. connection with District 1. Super Item Action: Approved Motion Result Commissioner Ben Hasan Commissioner John clarke Passes request by Shawntae N. Toone & Wine License to be used in 2571 Central Avenue. District 2.Item Action: Approved Motions Motion Type Approve Motion Text Motion to approve. Motion Passes 4-0. Seconded By Commissioner Ben Hasan Motion ResultMade By Commissioner William Fennoy Passes 3. New Ownership: A.N. 19-31: A request by Robert J. Kim for a retail package Item Beer & Wine License to be used in connection with OK Mart located at 2301 Action: Lumpkin Road. District 6. super District 10. Approved Motions X,o]]t" Motion Text Made By seconded By Motion r YPe ----- -'t Result Motion to ^ approve. Commissioner CommissionerApprove Motion passes Ben Hasan John clarke Passes 4-0. 4. New Ownership Application: A.N. 19-32 A request by Robert J. Kim for a Item retail package Beer & Wine License to be used in connection with Lucky Trip Action: located at2260 Lumpkin Rd. District 6. SuperDistrict 10. Approved Motions Motion r,-1:- m , r- r Motion;------ Motion Text Made By Seconded ByI ype ' ---- -'t Result Motion to Approve ffif,1:;';u,,., $"'il'T#;:ffi:, ;:fffil}f"' passes 4-0. 5. Discuss establishing a State Veterans Cemetery in Augusta featuring former Item Mayor Bob Young and Mr. Don Clark, Deputy Director of Forces United. Action: (Requested by Commissioner Bill Fennoy) Approved Motions Motion Motion TextI ype Made By seconded By fJrift' Approve Motion to approve tasking Commissioner Commissioner Passes the Attorney and William Ben Hasan Administrator with Fennoy drafing a resolution in support of establishing a State Veterans Cemetery in Augusta and also ask Mr. Don Clark of Forces United in connection with former Mayor Bob young to take the lead in determining what is needed from the Commission to begin the process to establish the cemetery and to designate a member of the Commission to serve as a point of contact. Motion Passes 4-0. 6. Update/discussion of the current conditions relative to the upkeep maintenance Itemof the Enclave Development and surrounding properties. (Requested by Action: Commissioner Marion Williams) epproved Motions X::'" Motion Text Made By seconded By Motion t YPe '''-"- -r Result Motion to approve receiving this item as information and get an A Commissioner Approve ;r,f[##,?1i.,*, ;:fffi::';"' H*,3I passes Commission meeting. Motion Passes 4-0. 7. Update from the Downtown Development Authority regarding their proposed ltem James Brown and Laney-Walker Blvds. Sidewalk Enhancement Project. Action: (Requested by commissioner Marion williams) Approved Motions Y:'1"" Motion Text Made By seconded By Motion I ype ---- -'t Result Motion to approve a _-____-- - receiving this item as Commissioner CommissionerApprove information. Ben Hasan william Fennoy Passes Motion Passes 4-0. 8. Discuss the placement of a large viewing screen possibly retractable to be Item used in conjunction with music and other special events at the Augusta Action: common. (Requested by commissioner Bill Fennoy) Approved Motions [].*1" Motion Text Made By seconded By Motion t YPe ---- -'t Result Motion to approve ^ receiving this item as Commissioner CommissionerApprove information. Ben Hasan John clarke Passes Motion Passes 4-0. 9. Motion to approve the Piedmont Mining, LLC contract for Bid Item 19- Item 198 Southeast Drainage Ditch Enclosure Project- Augusta Regional Airport - Action:$1,352,835.21. Approved Motions *11'" Motion Text Made By seconded By Motion t ype - ------ -r --------- -J Result Motion to Approve i|3,',o#r*,., ,t""#t;'.';J" ;:fffi|}f*' passes 4-0. 10. Approve amendments to the Augusta-Richmond County Code, Section 7-1- Item 90 PERMIT FEES, so as to increase fees required in connection with the Action: issuance of permits. Approved Motions X:j*l" Motion Texr Made By seconded By MotionlYPe - ----- -'t Result Motion to approve ^ and to waive the Commissioner CommissionerApprove second reading. William Fennoy Ben Hasan Passes Motion Passes 4-0. 11. Motion to approve the minutes of the Public Services Committee held on Item August 27,2019. Action: Approved Motions Motion r{^1:^-- m---1 r, r h Motion- - ---- Motion Text Made By Seconded BylYPe - ----- -r Result Approve passes Motion to approve. Motion Passes 4-0. Commissioner Ben Hasan Commissioner William Fennoy www.auqustasa.sov Public Service Committee Meeting 9/24/2019 1:00 PM Minutes Department: Presenter: Caption:Motion to approve the minutes of the Public Services Committee held on September 10, 2019. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Page 1 of 12 AUGUSTA COMMUNITY CENTER PARTNERSHIP MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING is made and entered into this _______ day of ___________, 20_______, by and between AUGUSTA, GEORGIA (“Augusta”), a political subdivision of the State of Georgia, by and through the Augusta Department of Recreation and Parks and the [Community Partner]. WHEREAS, Augusta and [Community Partner] deems that it would be beneficial to both the Augusta taxpayers and local Augusta residents for [Community Partner] and Augusta to jointly operate [Name of the Community Center] (“Community Center”), [Address] (Address). WHEREAS, [Community Partner] will accept the responsibility to staff, develop, and implement sound programs for the best interest of this community; and 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 acknowledged, the parties agree as follows: A. RESPONSIBILITIES OF [Community Partner] 1. [Community Partner] shall provide adequate staffing of the Community Center during the operating hours of the Center. 2. At the beginning of this agreement and each following year in January, [Community Partner] shall provide proof of Not-For-Profit status to Augusta. 3. Programs at the Community Center shall be staffed accordingly, dependent upon whether the program is a youth program or an adult program as defined in the Staffing Requirements. (See Attachment 1) Page 2 of 12 4. Hours of Operation for the Community Center shall be _____________________________. 5. [Community Partner] shall provide staff for all rentals at the Community Center and follow the current rental guidelines provided by Augusta. The rental guidelines are attached and by reference made part of this agreement. (Attachment 3) 6. For every new staff and/or volunteer, [Community Partner] shall submit a volunteer release form (see Attachment 2) to Augusta no later than 2 weeks prior to the staff and/or volunteer’s first scheduled start date. Augusta will perform a background check and approve the use of said staff person/volunteer based on the approved guidelines used by Augusta. 7. [Community Partner] shall create programs and activities for the Community Center and meet with Augusta annually to discuss operations and programs, as well as any changes, modifications, or amendments to this lease agreement and/or any fees that may need to be modified or implemented. The annual meeting will be held in June to ensure timely consideration of budgeting needs. 8. [Community Partner] shall maintain an inventory of all supplies furnished by Augusta for the Community Center and shall perform general maintenance of the interior/ exterior of the Community Center, which includes mopping, sweeping, and picking up litter from the grounds. 9. [Community Partner] shall coordinate with Augusta’s Certified Playground Inspector to maintain a current safety inspection of all existing playground Page 3 of 12 equipment. In the event that any equipment is deemed unsafe, that equipment must be properly labeled unsafe and Augusta personnel must be immediately contacted. 10. [Community Partner] agrees to indemnify and hold harmless Augusta from any and all claims in any way related to or arising out of any failure of [Community Partner] to perform its obligations hereunder or related to or arising out of any damage or injury to property or persons, occurring or allegedly occurring in, on or about the Community Center during the period from the date of this agreement to the end of the agreement, including reasonable attorney’s fees and expenses of litigation incurred by [Community Partner] in connection therewith. [Community Partner] further agrees that the foregoing agreement to indemnify and hold harmless applies to any claims for damage or injury to itself and/or any individuals employed or retained by it in connection with any changes, additions, alterations, modifications and/or improvements made to [Name of the Community Center], and hereby releases Augusta from liability in connection with any such claims. 11. Without limiting the foregoing, [Community Partner] further agrees to maintain, on a primary basis and at its sole expense, at all times during the life of this agreement the following coverages and limits. The requirements contained herein, as well as City’s review or acceptance of insurance maintained by [Community Partner] is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by [Community Partner] under this Agreement. Page 4 of 12 Commercial General Liability – Combined single limit of no less than $1,000,000 each occurrence and $2,000,000 aggregate. Coverage shall not contain any endorsement(s) excluding nor limiting Product/Completed Operations, Contractual Liability or Cross Liability. Automobile Liability – Limits of no less than $1,000,000 Combined Single Limit. Coverage shall include liability for Owned, Non-Owned and Hired automobiles. In the event [Community Partner] does not own automobiles, [Community Partner] agrees to maintain coverage for Hired and Non-Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Auto Liability policy. Automobile coverage is only necessary if vehicles are used in the provision of services under this Contract and/or are brought on an Augusta site. Additional Insured – [Community Partner] agrees to endorse the Augusta as an Additional Insured on the Commercial General Liability. The Additional Insured shall read ‘Augusta, Georgia as its interest may appear’. Certificate of Insurance – [Community Partner] agrees to provide Augusta a Certificate of Insurance evidencing that all coverages, limits and endorsements required herein are maintained and in full force and effect. If [Community Partner] receives a non-renewal or cancellation notice from an insurance carrier affording coverage required herein, or receives notice that coverage no longer complies with the insurance requirements herein, [Community Partner] agrees to notify Augusta within five (5) business days with a copy of the non-renewal or cancellation notice, or written specifics as to which coverage is no longer in compliance. Page 5 of 12 12. [Community Partner] shall follow all safety guidelines set forth by Augusta which include, but not limited to, immediately notifying Augusta in the event of break-ins, property damage, emergencies, or incidents. An Augusta-issued incident report must be submitted immediately following the incident. 13. [Community Partner] will abide by all federal, state, and local laws. 14. [Community Partner] shall expend all revenues received by [Community Partner] for services rendered at the Community Center for materials, supplies, or other services that directly affect the operations of the Community Center. 15. [Community Partner] shall inform Augusta as soon as possible of all changes in staffing levels, changes in personnel, including volunteers. [Community Partner] shall also communicate as soon as possible, but at least 5 working days in advance, all changes in programming, hours of operation, days of operation, and implementation of new programs. [Community Partner] will provide schedules with program descriptions for any new program. 16. [Community Partner] shall provide a quarterly report of usage and revenue for revenue-based and non-revenue based programs, as well as facility rentals. The report shall contain at least the following: Number of patrons by program / activity / rental, number of rentals, revenue by program / activity / rental. Augusta shall provide a reporting template similar to the reports used by other community center. 17. [Community Partner] shall provide an annual summary report of revenues and expenditures. Page 6 of 12 B. RESPONSIBILITIES OF AUGUSTA 1. Augusta shall be responsible for assisting [Community Partner] in the operation of the Community Center in the following manner: i. Supply all utilities. ii. Perform all repairs and normal maintenance for the upkeep of the facility (painting, pesticide treatment, etc.) iii. Ensure compliance with all federal, state, and local laws, regulations, and ordinances, including, but not limited to the Americans with Disabilities Act (ADA) for the Community Center. iv. Provide for trash collection and recycling from the existing refuse and recycling bins on the grounds. Provide for stripping and waxing of floors within the facility. v. Supply both programming and janitorial supplies as budgeted and approved by the Augusta, Georgia Board of Commissioners. vi. Supply all capital purchases, as needed, depending on funding. vii. Provide assistance with special events that are programmed by [Community Partner]. viii. Provide all necessary guidelines/ manuals concerning building rentals and safety questions. ix. Promptly respond to emergency situations, such as break-ins, that may arise. Page 7 of 12 2. Augusta shall issue keys for the Community Center to [Community Partner]’s officers, volunteers, and staff who have been identified as approved keyholders. 3. Management of Community Center or Park Capital Improvements i. Augusta shall be responsible for managing any and all improvements to the Community Center, Park, or other property owned by Augusta regardless of funding source. 4. Augusta shall also provide the following departmental contacts for [Community Partner]: i. ______________________ - Recreation District Manager- Emergency Contact: (work) 796- 5025, _______________________ (cell) C. MUTUAL RESPONSIBILITIES: 1. The parties will work together to maintain a quality and safe environment for the benefit of the community. At the request of either party, a meeting or conference will be held between [Community Partner] and Augusta representatives to resolve any problems or develop any improvements in the operation of the Community Center. 2. The term of this affiliation shall be for one year, commencing on [DATE], and ending on December 31, [DATE]. This working relationship and affiliation may be renewed by mutual written consent of the parties each year for a total maximum of Page 8 of 12 five (5) years. It may also be canceled at any time by either party upon not less than sixty (60) days written notice to the other party. 3. The parties acknowledge and agree that neither party shall be responsible for any loss, injury or other damage to the person or property of any student or staff member at the Community Center due to the negligence or willful conduct of the other party, its agents, officers or employees. 4. This relationship is intended solely for the mutual benefit of the parties hereto, and there is no intention, express or otherwise, to create any rights or interests for any party or person other than [Community Partner] and Augusta; without limiting the generality of the foregoing, no rights are intended to be created for any student, parent or guardian of any student, spouse, next of kin, employer, prospective employer, or any other third party. 5. Neither party, or its agents or employees, is an agent, employee, or servant of the other party. Augusta and [Community Partner] acknowledge and agree that the volunteer participants are not employees of [Community Partner] or Augusta by reason of such participation. Volunteer participants shall in no way hold themselves out as employees of [Community Partner] or Augusta. 6. This Memorandum of Understanding shall be governed by, construed, and applied in accordance with the laws of the State of Georgia. 7. This Memorandum of Understanding shall supersede any and all previously executed Memoranda of Understanding between the parties. Page 9 of 12 AGREED TO BY: AUGUSTA, GEORGIA By: _____ Hardie Davis, Jr., Mayor Date: ______ Attest: _______________________________ Lena J. Bonner, Clerk of Commission [Community Partner] By: Date: Page 10 of 12 ATTACHMENT 1 STAFFING REQUIREMENTS: [Community Partner] must supply staff or volunteer members that meet the following qualifications:  Certified CPR and First Aid:  Desire and knowledge of practices and principals needed to develop activities for youth and adults: City will assist in training of volunteers.  Clerical skills that involve maintaining records pertaining to program registrations, supply inventories, rental contracts, user fees and other facility charges and information;  The ratio shall be 1 supervisor for every 20 youth.  Have executed a Volunteer Release Form, in the form attached hereto. GENERAL SUMMARY It is the responsibility of [Community Partner] to coordinate and monitor activities held at Community Center within departmental and City guidelines. Also, it is essential for [Community Partner] to work with instructors, program participants, community leaders, civic organizations and the general public to ensure programs and services are implemented in a safe and professional manner. Page 11 of 12 ATTACHMENT 2 VOLUNTEER REGISTRATION AUGUSTA, GEORGIA I, ______________________________. Wish to participate in Augusta, Georgia’s volunteer program by volunteering to work at the Augusta, Georgia____________________ ______________________________________________________________________________ ______________________________________________________________________________ _____________(describe work which will be done) for _____________________ hours per week from ________________________ through ___________________________, ___________. I understand that Augusta, Georgia may cancel my participation in its program at any time, for any or no reason. I understand that I will receive no payment for my participation and I do not wish to receive, and hereby decline, payment. I understand that I am not an employee of Augusta, Georgia, and that I am not, and will not be, eligible for workers’ compensation coverage or other benefits. The particular volunteer services which I am to perform for Augusta, Georgia have been explained to me, and I hereby assume all risks and hazards incidental to my engaging in these volunteer services. I hereby release and covenant not to sue Augusta, Georgia, the Augusta- Richmond County agents, employees and representatives from any and all liability in connection with my participation in the volunteer program. ________________________________________ Signature Printed Name: ____________________________ Date Signed: _____________________________ Sworn to and subscribed before me this _____ day of _____________, 2018. ____________________ Notary Public My Commission Expires: ____________________ Page 12 of 12 RESPONSIBILITIES OF [Community Partner] Current responsibilities:  Provide adequate staffing during hours of operation  Provide programming staffing levels as defined in staffing requirements  Maintain inventory of supplies and perform general maintenance  Coordinate with certified playground inspector for playgrounds to be inspected regularly  Follow all safety guidelines set forth by Augusta  Abide by all federal, state and local laws  Expend all revenues received for materials, supplies, or other services that affect the center operation. Proposed added responsibilities:  Provide annual proof of Not-For-Profit status (copy of the annual registration for a corporation with the Georgia Secretary of State)  Provide staffing for rentals and adhere to Augusta rental guidelines  Submit volunteer release form for all new staff and/or volunteer and seek approval prior to scheduled start date  Create programs and activities and meet annually with Augusta to discuss operations and programs  Indemnify and hold harmless Augusta  Acquire and maintain at all times of agreement liability coverage (General commercial: $1,000,000 each and $2,000,000 aggregate; Automobile: $1,000,000 Combined Single limit)  Inform Augusta of all changes in staffing levels, personnel, hours and/or days of operation, and changes in programming.  Provide quarterly report of usage and revenues based on Augusta-issued reporting template  Provide annual summary report of revenues and expenses. RESPONSIBILITIES OF AUGUSTA Current responsibilities:  Supply all utilities  Perform all repairs and normal maintenance  Ensure compliance with federal, state, local laws, regulations and ordinances  Provide for trash collection, striping and waxing of floors within the facility  Supply both programming and janitorial supplies as budgeted  Supply all capital purchases, as needed and funded  Provide assistance with special events  Provide all necessary guidelines and/or manuals concerning building rentals and safety inspections  Promptly respond to emergency situations  Manage Community Center and/or Parks Capital Improvements  Provide departmental contact Proposed added responsibilities:  Issue keys to [Community Partner]’s identified and approved keyholders Public Service Committee Meeting 9/24/2019 1:00 PM Updated template for MOU’s between Augusta and Community Partners for the operation of community centers Department:Recreation and Parks Department Presenter:Ron Houck Caption:Motion to approve the updated template for Memoranda of Understanding (MOU) between Augusta, Georgia and Community Partners for the joint operation of community centers. Background:The Recreation and Parks Department has updated the template on which Memoranda of Understanding for the operation of community centers are based. Based on the most recent approved memorandum, verbiage to increase accountability and transparency has been added to the template and the draft has been vetted by Recreation and Parks staff as well as the Law Department. Analysis:Approving the updated template will add responsibilities on both sides of the agreement and increase transparency and accountability. It is the Department’s belief that these updates are needed to provide the citizens of Augusta with a comparable service across all community centers. Once approved, the Recreation and Parks Department will utilize this template to prepare individual memoranda of understanding with community partners and submit those to the Augusta Commission as specified in the agreement for approval. Financial Impact:N/A Alternatives:1. To Approve 2. To Move No Action Recommendation:1. To Approve the current template for MOU’s. Funds are Available in the N/A Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission