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2021-03-02 Meeting Minutes
Commission Meeting Agenda VIRTUAL/TELECONFERENCE - 3/2/2021 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; B. Williams, Garrett, Sias, Johnson, Frantom, Scott, McKnight, D. Williams and Clarke, members of Augusta Richmond County Commission. Absent: Hon. Hasan, member of Augusta Richmond County Commission. INVOCATION: PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. RECOGNITION(S) February 2021 Years of Service Recipients! A. Congratulations! February 2021 Years of Service Recipients!Item Action: None 2021-02-03_YOS_For_25-50_YOS_Recipients_Memo.pdf ItemApprovalSheet.html CONSENT AGENDA (Items 1-19) PUBLIC SERVICES 1. Motion to approve the Airport Director's Spending Authority as approved by the Augusta Aviation Commission on January 28, 2021 in the amount of $25,000. (Approved by Public Services Committee February 23, 2021) Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Jordan Johnson Passes 2. Motion to approve New Ownership: A.N. 21-06: request by Harpreet S. Walia for a retail package Beer & Wine License to be used in connection with Discount Food Stop located at 545 Sand Bar Ferry Rd. District 1. Super District 9. (Approved by Public Services Committee February 23, 2021) Item Action: Approved AN-21-06.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Jordan Johnson Passes 3. Motion to approve New Ownership: A.N. 21-07: request by Pragna Patel for a retail package Beer & Wine License to be used in connection with Gas World #3 located at 2510 Milledgeville Rd. District 2. Super District 9. (Approved by Public Services Committee February 23, 2021) Item Action: Approved AN-21-07.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Jordan Johnson Passes 4. Motion to approve Existing Location: A.N. 21-05: request by John Wier for a Sunday Sales License to be used in connection with Noble Jones located at Item Action: Approved 15 Eighth Street. District 1. Super District 9. (Approved by Public Services Committee February 23, 2021) AN-21-05.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Jordan Johnson Passes 5. Motion to approve Alcohol Ordinance amendments to the Augusta, Georgia Code Title 6, Chapter 2, Article 1, Alcoholic Beverages, to include a definition of premises, hours of sale on Sunday, brown bagging revisions for clarity, regulations for tasting events at package stores, and single event license revisions for clarity. (Approved by Public Services Committee February 23, 2021) Item Action: Approved ALCOHOL_ORDINANCE_AMENDMENT_20210209.docx ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Commisioner Sean Frantom Commissioner Jordan Johnson Passes 6. Motion to approve the Change Order #1 to the Construction Contract ITB 20- 214 with S.D. Clifton Construction Inc. in the amount of $6,838,00. This is the first change order requested on the project. (Approved by Public Services Committee February 23, 2021) Item Action: Approved Builders_Risk_Insurance_.pdf ItemApprovalSheet.html Motions Motion Text Made By Seconded By Motion Type Motion Result Approve Motion to approve. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Jordan Johnson Passes ADMINISTRATIVE SERVICES 7. Motion to approve Housing and Community Development Department’s (HCD's) request to provide funding to assist two (2) low to moderate income homebuyers with down-payment assistance to purchase a home. (Approved by Administrative Service Committee-February 23, 2021) Item Action: Approved HOME_BUYER_AGREEMENT.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Jordan Johnson Passes 8. Motion to approve eleven (11) Emergency Rehabilitation projects. (Approved by Administrative Service Committee-February 23, 2021) Item Action: Approved ER_Contract_2021_(002).docx ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Jordan Johnson Passes 9. Motion to approve Housing and Community Development Department’s (HCD's) request to provide HOME funding to assist one (1) low to moderate income homebuyer with gap financing, down payment and closing cost to Item Action: Approved purchase a home through the Homebuyer Subsidy Program.(Approved by Administrative Service Committee-February 23, 2021) HOME_BUYER_AGREEMENT.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Jordan Johnson Passes 10. Motion to approve Housing and Community Development Department’s (HCD's) request to procure two (2) Georgia Real Estate Brokerage Firms for the Laney Walker/ Bethlehem Project with an Agreement for a period of one (1) year. (Approved by Administrative Service Committee-February 23, 2021) Item Action: Approved HCD___LWB_RFQ_Real_Estate_Brokerage_Services_2021.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Jordan Johnson Passes 11. Motion to approve Housing and Community Development Department’s (HCD's) request to provide funding for (10) ten business owners via the Seeds for Life Program, to assist them in sustaining and growing their business. The following Seeds for Life recipients are listed below. Each recipient will receive a grant funding amount of $10,000.00: 1. Jaruwan Charintranont (Sweet Moments Café) 2. Frederick Gibbons (Soultry Sounds Auto Sales, LLC) 3. Carol Jackson (Carol’s Hair Care) 4. Sheila Johnson (Kenise’s Tax & Business Services, LLC) 5. Donjinia Moore (CM Moore In-Home Tutoring Services, LLC) 6. DeWayne Pearson (Ikonz Sportsbar & Grill) 7. Vivian Ross (Elephant in the Room Counseling Services, LLC) Item Action: Approved 8. LaTanya Thurmond (Mending Lives, LLC) 9. Pedro Vendrell (Vendrell and Sons, LLC) 10. Ernesia Wright (Georgia Soul/Georgia Pro-Basketball Soul) (Approved by Administrative Service Committee-February 23, 2021) Seeds_For_Life_3_021221_(Awardee).docx ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Jordan Johnson Passes 12. Motion to approve RFP Item #20-187 Legislative Management Software (ELECTRONIC AGENDA) For Augusta, Georgia (Clerk of Commission’s Office) via – Information Technology Department be cancelled upon further review/ re-evaluation . (Approved by Administrative Services Committee February 23, 2021) Item Action: Approved SKM_C65821022514230.pdf 2021-02-03_Procurment_position_on_RFP_Item_20-187.pdf SKM_C65821022515250.pdf Clerk_s_Statement_Procurement_R_Code_to_Reject_bids.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result It was the consensus of the Commission that the revision of Item 12 be added to the agenda without objection. Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Passes Motion to add the revision to the consent agenda and approve that RFP Item #20-187A be cancelled by the Commission pursuant to the Augusta, Georgia Procurement Code Section 1-10-60 and to allow the Clerk of Commission to undertake further review and evaluation of the needs, timing and availability of services and improvements relative to the integration of electronic agenda software and electronic legislative management and agenda software. Motion Passes 9-0. Commissioner John Clarke Commissioner Bobby Williams PUBLIC SAFETY 13. Motion to approve the District Attorney’s Office – Augusta Judicial Circuit request to create and maintain an Asset Forfeiture Account so pertinent line items can be ordered to support the daily functions of the DA’s office. (Approved by Public Safety Committee February 23, 2021) Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Jordan Johnson Passes 14. Motion to approve and award the Tenprint/Palmprint Scanning System vendor for the Richmond County Sheriff's Office to Idemia Identity and Security USA LLC. (ITB 20-245) (Approved by Public Safety Committee February 23, 2021) Item Action: Approved 20-245_Advertisement_to_Paper.docx 20-245_TAB.pdf 20-245_Department_Recommendation_of_Award.pdf 20-245_Mail_Labels.docx 20-245_GA_Procurement_Registry.pdf 20-245_Demandstar_Vendor_List.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Jordan Johnson Passes PETITIONS AND COMMUNICATIONS 15. Motion to approve the minutes of the Regular Meeting of the Commission held on February 16, 2021 and the Special Called Meeting on February 23, 2021. Item Action: Approved Regular_Commission_Meeting_February_16_2021.pdf Called_Commission_Meeting_February_23_2021.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Jordan Johnson Passes APPOINTMENT(S) 16. Motion to approve the appointment of Ms. Stefanie Reed to the Animal Service Board and Mrs. Brenda Garman to the Augusta Library Board of Trustees representing District 3. Item Action: Approved 2021-02-03__Comm._McKnight_District_3_Appointment.pdf SKM_C65821021911140.pdf Brenda_Garman.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Jordan Johnson Passes 17. Motion to approve the appointment of Mr. Morris Porter to the Augusta Library Board of Trustees representing District 1. Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Jordan Johnson Passes 18. Motion to approve the appointments of Kim Brown- Augusta Library Board; Chavas Boyd - ARC Board of Zoning Appeals; Earl Kelton - General Aviation Commission-Daniel Field; Marian Nanett Barnes-Augusta Personnel Board; Iris Angel Little - HCD Citizens Advisory; Ruby Johnson - Public Transit Citizens Advisory Board; Teresa Mills - Public Facilities; Kim Gaines- Canal Authority; Charles Givens - Riverfront Development Board and Alvin Mason - Augusta Port Authority representing District 5. Item Action: Approved SKM_C65821022515170.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Passes Motion to approve. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Jordan Johnson 19. Motion to approve the appointment of Ms. Anna Reeves to the Augusta Library Board of Trustees representing District 8. Item Action: Approved 2021-02-03_Anna_Reeves_District_8_Appt..pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Jordan Johnson Passes ****END CONSENT AGENDA**** AUGUSTA COMMISSION 3/2/2021 AUGUSTA COMMISSION REGULAR AGENDA 3/2/2021 (Items 20-31) ADMINISTRATIVE SERVICES 20. Discuss if there is a need for a Blue Ribbon Committee and/or different avenue to study the Consolidation Bill (Charter). (No recommendation from Administrative Service Committee-February 23, 2021) Item Action: Approved SKM_C65821021110310.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Delete Motion to delete this item from the agenda. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Jordan Johnson Passes 21. Update from the Commission's appointed Homeless Task Force. (Requested by Commissioner Jordan Johnson) Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result It was the consensus of the Commission that this item be received as information. PUBLIC SAFETY 22. Review and evaluate the claims against Gold Cross contained in the attached email. (Requested by Commissioner Sammie Sias) Item Action: Approved SKM_C65821022511180.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result It was the consensus of the Commission that this item be received as information without objection. ENGINEERING SERVICES 23. Joy Barr presenting Entrepreneur Skills Training And Broadband Project. (Requested by Commissioner Brandon Garrett) Item Action: None ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Presentation is made by Ms. Joy Barr. APPOINTMENT(S) 24. Motion to approve the appointment of Rev. Anthony Booker to the Augusta Downtown Development Authority. (Requested by Commissioner Jordan Johnson) Item Action: Approved Downtown_Devlopment_Authority_Update__2021.pdf SKM_C65821022516000.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Jordan Johnson Passes 25. Consider recommendation from the Community Service Board of East Central Georgia d/b/a Serenity Behavioral Health System to reappoint Dr. Franklin E. McPhail. Item Action: Approved SKM_C65821021213130.pdf Community_Service_Board_I__21.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Jordan Johnson Passes OTHER BUSINESS 26. Discuss commissioners resuming to chambers (in-person). (Requested by Commissioner Catherine Smith McKnight) Item Action: Disapproved 2021-02-03_Comm._McKnight_Agenda_Rqt..pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve resuming meetings in the Commission Chamber in person on April 13, 2021. Mr. Sias abstains. Voting No: Commisioner Sean Frantom, Commissioner Jordan Johnson, Commissioner Francine Scott, Commissioner Bobby Williams, Commissioner Dennis Williams. Motion Fails 3-5 -1. Commissioner Catherine Smith- McKnight Commissioner John Clarke Fails Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Substitute motion to approve resuming meetings in the Commission Chamber on May 1, 2021. Commissioner Bobby Williams Dies for lack of Second 27. The Richmond County Board of Assessors requests the ratification of the contractual agreement with Mr. Scott Rountree who was selected by the Board as the new Chief Appraiser for the Property Appraisal Office during a called meeting on Friday, January 29, 2021. Item Action: Rescheduled ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Defer Motion to approve further review of this item and to bring it back to the Special Called Commission Meeting next week. Mr. Clarke out. Motion Passes 8-0. Commissioner Bobby Williams Commissioner Francine Scott Passes ADDENDUM 28. Motion to approve land lease agreement with AU Health Air Care LLC for a 61,020 square foot parcel of land north of the Georgia State Patrol hangar. (Requested by Mayor Pro Tem Bobby Williams) Item Action: Approved AU_Health_Air_Care_LLC_Land_Lease_I_.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result It was the consensus of the Commission to approve adding this item to the agenda without objection. Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Jordan Johnson Passes 29. Motion to approve a Joint Resolution of the Augusta, Georgia Commission of Richmond County, Georgia and the Burke County, Georgia Board of Commissioners requesting the Georgia General Assembly to specifically provide, within Senate Bill 9, clarifications of impact and process and affirmations of provision for key components of the Augusta Judicial Circuit that would be transitioned by Senate Bill 9 from three-county judicial circuit to a two-county judicial circuit consisting of Richmond County, Georgia and Burke County, Georgia and creating a single-county judicial circuit for Columbia County. Item Action: Approved Joint_Resolution.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result It was the consensus of the Commission to approve adding this item to the agenda without objection. Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve the resolution. Motion Passes 9-0. Commissioner Brandon Garrett Commissioner Catherine Smith- McKnight Passes 30. Motion to accept the resignation of Environmental Services Director Mark Mehall effective May 2, 2021 authorizing a severance of 45 days based on the severance agreement to be developed by the Augusta Law Department. Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result It was the consensus of the Commission to approve adding this item to the agenda. Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to accept the resignation of Environmental Services Director Mark Mehall effective May 2, 2021, authorizing a severance of 45 based on the severance agreement to be developed by the Augusta Law Department. The Mayor out. Motion Passes 9-0. Commissioner Brandon Garrett Commissioner Sammie Sias Passes 31. Motion to approve going into an executive session.Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve going into an executive session to discuss personnel. Voting No: Commissioner Brandon Garrett, Commissioner Catherine Smith- McKnight. Motion Passes 7-2. Commissioner Sammie Sias Commissioner Francine Scott Passes LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 32. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve the closed meeting affidavit. The Mayor out. Motion Passes 9-0. Commissioner Sammie Sias Commisioner Sean Frantom Passes Upcoming Meetings www.augustaga.gov Commission Meeting Agenda 3/2/2021 2:00 PM Attendance 3/2/21 Department: Department: Caption: Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: HUMAN RESOURCES DEPARTMENT Suite 400 - Municipal Building 535 Telfair Street - Augusta, GA 30901 Phone (706) 821-2303 Fax (706) 821-2867 www.augustaga.gov February 09, 2021 Department Directors & Elected Officials, The Commission on June 16, 2009, adopted the Augusta-Richmond County Employee Incentive Awards Program (EIAP). The program provides a number of initiatives that have been designed to show our appreciation for our dedicated and loyal employees. The ability to recognize and honor our employees’ longevity has been established through our new Years of Service (YOS) program. A complete description of the EIAP and its operating procedures is located on the Human Resources site at http://augwebv017:8080/EmployeeResources/hrcitynet/default.aspx. We are pleased to advise you that for the month of February 2021, the following employee(s) have attained their anniversary date in recognition of 25-50 years of dedicated service and are now eligible to receive their Years of Service pin and certificate: FIRST LAST DEPARTMENT YOS DOREEN HOLMES PROCUREMENT 25 BYRNIE HARDIN SHERIFF 25 WILLIAM RHODES PARKS & RECREATION 25 JUDY BLACKSTONE RISK MANAGEMENT 30 MICHELLE GILLIARD CIVIL COURT 35 JANE DUNN CLERK OF COURT 35 Please make arrangements to have your employee in attendance at the Commission meeting scheduled for March 2, 2021, for recognition by the Mayor and Commission and presentation of their service pins and certificates of achievement. All persons to be recognized should be in the Commission Chambers by 1:45 p.m. Please let us know whether the employee will or will not attend by contacting me by phone at (706) 826-1377 or via e-mail at FCretella@augustaga.gov, by Friday, February 26, 2021, 12:00 Noon. Your support and cooperation is much appreciated. With regards, Tony McDonald, Deputy Administrator /fmc cc: Mayor Hardie Davis, Jr. Odie Donald II, Administrator Lena Bonner, Clerk of Commission Commission Meeting Agenda 3/2/2021 2:00 PM February 2021 Years of Service Recipients! Department:Human Resources Department Department:Human Resources Department Caption: Congratulations! February 2021 Years of Service Recipients! Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 3/2/2021 2:00 PM Airport Director's Spending Authority Department:Augusta Regional Airport Department:Augusta Regional Airport Caption:Motion to approve the Airport Director's Spending Authority as approved by the Augusta Aviation Commission on January 28, 2021 in the amount of $25,000. (Approved by Public Services Committee February 23, 2021) Background:The Augusta Aviation Commission must endorse a financial limit annually, beyond which the Executive Director must seek full Aviation Commission approval. The intent of this action is to coincide with the City/County Administrator's small purchase limit and scope, which is also $25,000. The Airport Director's small purchase authority is limited to purchases pursuant to the Airport operation/enterprise. Analysis: Financial Impact: Alternatives:To deny Recommendation:Aviation Commission seeks approval Funds are Available in the Following Accounts: Fund 551 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Commission Meeting Agenda 3/2/2021 2:00 PM Alcohol Application A.N. 21-06 Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Ownership: A.N. 21-06: request by Harpreet S. Walia for a retail package Beer & Wine License to be used in connection with Discount Food Stop located at 545 Sand Bar Ferry Rd. District 1. Super District 9. (Approved by Public Services Committee February 23, 2021) Background:This is a New Ownership Application. Formerly in the name Urvesh Patel. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $1,330.00 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: Law Administrator Clerk of Commission Commission Meeting Agenda 3/2/2021 2:00 PM Alcohol Application A.N. 21-07 Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Ownership: A.N. 21-07: request by Pragna Patel for a retail package Beer & Wine License to be used in connection with Gas World #3 located at 2510 Milledgeville Rd. District 2. Super District 9. (Approved by Public Services Committee February 23, 2021) Background:This is a New Ownership Application. Formerly in the name of Song Hong. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $1,330.00. 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: Law Administrator Clerk of Commission Commission Meeting Agenda 3/2/2021 2:00 PM Alcohol Application Sunday Sales A.N. 21-05 Department:Planning & Development Department:Planning & Development Caption:Motion to approve Existing Location: A.N. 21-05: request by John Wier for a Sunday Sales License to be used in connection with Noble Jones located at 15 Eighth Street. District 1. Super District 9. (Approved by Public Services Committee February 23, 2021) Background:This is an Existing Location. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a of $1,270.00. 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 ORDINANCE NO. ___________ AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE, TITLE 6, CHAPTER 2, ARTICLE 1, ALCOHOLIC BEVERAGES, SECTION 6-2-2, SECTION 6-2-14, SECTION 6-2-56, SECTION 6-2-77, AND NEW SECTION 6-2-78; SO AS TO PROVIDE CURRENT DFINITION, HOURS OF SALE, CLARIFYING BROWN BAGGING REGULATIOS AND LICENSE FOR SINGLE EVENTS APPROVAL PROCEDURE, ADDING A NEW SECITON FOR TASTING EVENTS AT PACKAGE STORES; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. NOW, BE IT ORDAINED BY THE AUGUSTA, GEORGIA COMMISSION AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME THAT ALL ALCOHOL LICENSEES WITHIN THE JURISDICTION SHALL COMPLY WITH THE PROVISIONS OF THE AUGUSTA, GEORGIA CODE, AS FOLLOWS: SECTION 1. Title 6, Chapter 2, Article 1, ALCOHOLIC BEVERAGES, Section 6-2-2 (ff), is hereby amended by deleting this section in its entirety, AND new Section 6-2-2 (ff) is hereby inserted to replace the repealed section as set forth in “Exhibit A” hereto. SECTION 2. Title 6, Chapter 2, Article 1, ALCOHOLIC BEVERAGES, Sections 6-2-14 (a) (2) and (3) are hereby amended by deleting these sections in its entirety, AND new Section 6-2-14 (a) (2) and (3) are hereby inserted to replace the repealed sections as set forth in “Exhibit A” hereto. SECTION 3. Title 6, Chapter 2, Article 1, ALCOHOLIC BEVERAGES, Section 6-2-56 (a) is hereby amended by deleting this section in its entirety, AND new Section 6-2-56 (a) is hereby inserted to replace the repealed section as set forth in “Exhibit A” hereto. SECTION 4. Title 6, Chapter 2, Article 1, ALCOHOLIC BEVERAGES, Sections 6-2-77 (a) (4) and (10) (b), are hereby amended by deleting these sections in its entirety, AND new Sections 6-2-77 (a) (4) and (10) (b) are hereby inserted to replace the repealed sections as set forth in “Exhibit A” hereto. SECTION 5. Title 6, Chapter 2, Article 1, ALCOHOLIC BEVERAGES, and New Section 6-2-78 is hereby inserted as set forth in “Exhibit A” hereto. SECTION 10. This ordinance shall become effective upon adoption. SECTION 11. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this ___ day of ___________, 2021. __________________________ Hardie Davis, Jr. As its Mayor Attest: __________________________ Lena J. Bonner, Clerk of Commission 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 ________________, 2021 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: _________________________ “EXHIBIT A” (Amended sections are underlined) Chapter 2 ALCOHOLIC BEVERAGES ARTICLE 1 IN GENERAL 1. Title 6, Chapter 2, Article 1, ALCOHOLIC BEVERAGES, Section 6-2-2 (ff), is hereby amended by deleting this section in its entirety, AND new Section 6-2-2 (ff) is hereby inserted to replace the repealed section as set forth in “Exhibit A” hereto. Definitions Sec. 6-2-2. Definitions. The following are definitions of terms as used in this Chapter: (ff) Premises. One physical identifiable place of business consisting of one room, or two or more contiguous rooms operating under the same trade name where distilled spirits by the drink are sold. On premises outlets which cannot be determine as one identifiable place of business shall require additional licenses regardless of such establishments having the same trade name, ownership, or management; provided nothing herein shall require additional licenses for service bars, or portable bars used exclusively for the purpose of mixing or preparing such drinks when such bars are accessible only to employees of the licensed establishment and from which drinks are prepared to be served in the licensed premises. Premises shall not include common facilities located in a shopping center area. (ff) "Premises" means one physically identifiable Place of Business operated by the same ownership and overall management with only one address registered as a single Place of Business with the local licensing authority and the State of Georgia. (Premises shall not include common facilities located in a shopping center area.) 2. Title 6, Chapter 2, Article 1, ALCOHOLIC BEVERAGES, Sections 6-2-14 (a) (2) and (3) are hereby amended by deleting these sections in its entirety, AND new Section 6-2-14 (a) (2) and (3) are hereby inserted to replace the repealed sections as set forth in “Exhibit A” hereto. Sec. 6-2-14. Hours of sale. (a) Generally. Any and all holders of licenses under the authority of this Ordinance shall observe the following schedule of hours of operation, which shall be determined by Eastern Standard Time or daylight savings time, whichever is in effect: (2) Holders of a Class F license (off-premises consumption of liquor) shall not open for business earlier than 8:00 a.m. Monday through Saturday and may remain open for business until 11:45 p.m. Monday through Saturday. Holders of a Class F license (off-premises consumption of liquor) shall not open for business earlier than 12:30 p.m. on Sunday and may remain open for business until 11:30 p.m. on Sunday. (2) Holders of a Class F license (off-premises consumption of liquor) shall not open for business earlier than 8:00 a.m. Monday through Saturday and may remain open for business until 11:45 p.m. Monday through Saturday. Holders of a Class F license (off-premises consumption of liquor) shall not open for business earlier than 11:00 a.m. on Sunday and may remain open for business until 12:00 midnight on Sunday. (3) Holders of Class B and D licenses (off-premises consumption of beer and wine) who are not licensed to sell liquor shall be prohibited from selling beer and/or wine only between the hours of 11:45 p.m. Saturday and 12:30 p.m. on Sunday and between 11:30 p.m. on Sunday and 6:00 a.m. on the Monday next following. (3) Holders of Class B and D licenses (off-premises consumption of beer and wine) who are not licensed to sell liquor shall be prohibited from selling beer and/or wine only between the hours of 11:45 p.m. Saturday and 11:00 a.m. on Sunday and between 12:00 midnight on Sunday and 6:00 a.m. on the Monday next following. 3. Title 6, Chapter 2, Article 1, ALCOHOLIC BEVERAGES, Section 6-2-56 (a) is hereby amended by deleting this section in its entirety, AND new Section 6-2-56 (a) is hereby inserted to replace the repealed section as set forth in “Exhibit A” hereto. Sec. 6-2-56. Brown bagging, etc. (a) No individual shall be allowed to consume alcoholic beverages in any restaurant, lounge, or bar with an occupation tax certificate from Augusta-Richmond County that does not have a license for on- premises consumption of alcoholic beverages under this ordinance. The occupation tax licensee for any restaurant, lounge or bar in Augusta-Richmond County shall not allow any individual to consume alcoholic beverages on their premises when such alcoholic beverages were not purchased from the restaurant, lounge or bar. (a) No individual shall be allowed to consume alcoholic beverages in a business with an occupation tax certificate from Augusta-Richmond County that does not have a license for on-premises consumption of alcoholic beverages under this ordinance. The occupation tax licensee for any business in Augusta- Richmond County shall not allow any individual to consume alcoholic beverages on their premises when such alcoholic beverages were not purchased from the business. 4. Title 6, Chapter 2, Article 1, ALCOHOLIC BEVERAGES, Sections 6-2-77 (a) (4) and (10) (b), are hereby amended by deleting these sections in its entirety, AND new Sections 6-2-77 (a) (4) and (10) (b) are hereby inserted to replace the repealed sections as set forth in “Exhibit A” hereto. Sec. 6-2-77. License for single event; occasional license. (a) Application may be made for an occasional, single event license for on-premises consumption of alcoholic beverages as follows: (4) Advertisement. All persons, firms or corporations desiring to engage in the sale of alcoholic beverages for a single event shall give notice of their intention to make such application by advertisement in form prescribed by Augusta-Richmond County Director of Planning & Development. Advertising, as referred to in this section, means there shall be a sign posted thirty (30) days prior to the hearing of the application in a prominent position on the property (e.g., front window where it can be read from the road); also, all new license applicants shall be required to advertise three (3) times in the legal gazette (Augusta Chronicle) before applications are heard by the Commission. Advertising in the legal gazette shall be during the thirty-day period prior to the hearing of the application by the Commission. Before the application is presented to the Commission, the applicant shall furnish proof that the advertisement has been completed as required hereinabove. The above provisions regarding advertisement shall not apply to an application to sell alcoholic beverages in or on any museum, cultural center or facility, public park, playground, or building owned or operated by Augusta-Richmond County, Georgia Port Authority, or at a location on Riverwalk which has been designated as An Alcohol Beverage Location by Riverwalk Augusta (see Section 6-2-5), nor shall the above provisions regarding advertisement apply to events held by non-profit organizations or restaurants or bars applying for a single event Sunday sales license. (4) Advertisement. All persons, firms or corporations desiring to engage in the sale of alcoholic beverages for a single event shall give notice of their intention to make such application by advertisement in form prescribed by Augusta-Richmond County Director of Planning & Development. Advertising, as referred to in this section, means there shall be a sign posted thirty (30) days prior to the hearing of the application in a prominent position on the property (e.g., front window where it can be read from the road); also, all new license applicants shall be required to advertise three (3) times in the legal gazette (Augusta Chronicle) if the location is considered a new location, before applications are heard by the Commission. Advertising in the legal gazette shall be during the thirty-day period prior to the hearing of the application by the Commission. Before the application is presented to the Commission, the applicant shall furnish proof that the advertisement has been completed as required hereinabove. The above provisions regarding advertisement shall not apply to an application to sell alcoholic beverages in or on any museum, cultural center or facility, public park, playground, or building owned or operated by Augusta-Richmond County, Georgia Port Authority, or at a location on Riverwalk which has been designated as An Alcohol Beverage Location by Riverwalk Augusta (see Section 6-2-5), nor shall the above provisions regarding advertisement apply to events held by non-profit organizations or restaurants or bars applying for a single event Sunday sales license. (10) Procedures. b. For such applications from Non-Profit organizations and Sunday Sales Single Event Restaurant and Bar applicants, the Director of Planning & Development Department with a written approval report from the Sheriff, and Recreation Department if applicable, shall grant the license. The Director of Planning & Development shall issue the license. The license shall be valid for the location, date(s) and time(s) specified therein only. b. For such applications from Non-Profit organizations, Sunday Sales Single Event Restaurant, Bar applicants and other license applications not considered a new location, the Director of Planning & Development Department with a written approval report from the Sheriff, and Recreation Department if applicable, shall grant the license. The Director of Planning & Development shall issue the license. The license shall be valid for the location, date(s) and time(s) specified therein only. 5. Title 6, Chapter 2, Article 1, ALCOHOLIC BEVERAGES, New Section 6-2-78 is hereby inserted as set forth in “Exhibit A” hereto. Sec. 6-2-78. Alcoholic Beverages Tasting Events for Retail Package Store Customers (a) A tasting event shall be held on the premises of the retail package store and must comply with the following requirements: 1. The licensee is not required to obtain any additional license or permit from the Department of Revenue. However, prior to hosting the tasting event, the licensee must notify Augusta, Georgia Planning & Development Department, Business License / Alcohol License Division on the form provided, where the premises is located, the date and time of the tasting event, and pay a twenty-five dollar fee ($25) per tasting event. 2. Retail package stores may host one tasting event per day (not to exceed 52 tasting events per calendar year) and the tasting event shall not exceed four hours. 3. Tasting events shall only be held during times when alcoholic beverages may be lawfully sold. 4. Alcoholic beverages shall only be served to consumers 21 years of age or older. 5. Representatives and salespersons of manufacturers or wholesalers may attend the event, but may not: a. Host the event b. Pour any alcoholic beverages; or c. Provide anything of value to the consumer, licensee or its employees. 6. Only one of the following types of alcoholic beverages may be served at a tasting event: a. Malt beverage b. Wine, or c. Distilled Spirits. 7. The package store may offer more than one brand of the chosen type of alcoholic beverage, but no more than 4 bottles or cans may be open at one time. For example, a package store hosts a wine tasting event and opens Brand A, Brand B, Brand C and Brand D for tasting. Brand E cannot be opened until one of the prior four brands is closed or discarded. Likewise, a brand of distilled spirits or beer may not be opened or offered at a wine tasting event. 8. Tasting event quantity limits are as follows: a. Malt Beverage – 8 ounces per person b. Wine – 5 ounces per person c. Distilled Spirits - 1.5 ounces per person 9. Only alcoholic beverages the licensee is authorized to sell on the licensed premises may be offered as part of a tasting event, and such alcoholic beverages must be a part of the licensee’s inventory. 10. Any broken packages shall be kept locked in a secure room or cabinet, except when in use during a tasting event. 11. Only food that is lawful to sell on the licensed premises may be offered as part of the tasting event. There shall be no cost to the consumer for such permitted food items. a. Permitted food items are single-serving snack items, pre-packaged by the manufacturer, that do not require any preparation for consumption. (Please review Ga.Comp.R. &Regs.r560-2-3-.04 for detailed information.) Commission Meeting Agenda 3/2/2021 2:00 PM Alcohol Ordinance Amendments Department:Planning & Development Department:Planning & Development Caption:Motion to approve Alcohol Ordinance amendments to the Augusta, Georgia Code Title 6, Chapter 2, Article 1, Alcoholic Beverages, to include a definition of premises, hours of sale on Sunday, brown bagging revisions for clarity, regulations for tasting events at package stores, and single event license revisions for clarity. (Approved by Public Services Committee February 23, 2021) Background:Last year Governor Kemp signed HB 879 into law. The legislation amends the state laws governing five categories of alcohol regulation: centralized permitting, Sunday sales of alcohol, home delivery of alcohol, local control of distance requirements, and pouring events at package stores…. The proposed amendments do not include centralized permitting or home delivery of alcohol; proposed amendments for these regulations will be presented once the Department of Revenue provides additional guidance for implementation….Included in this agenda item are amendments for the definition of premises, Sunday hours of sale, regulations for pouring events at package stores, and revisions for clarity to the brown bagging regulations and single event license regulations. Analysis:The proposed amendments will keep the Augusta Alcohol ordinance current with the State alcohol codes, and provide clarity where needed. 1. Sec. 6-2-2. Premises. The Department of Revenue amended the definition of premises to mean ‘one physically identifiable Place of Business operated by the same ownership and overall management with only one address registered as a single Place of Business with the local licensing authority and the State of Georgia’. 2. Sec. 6-2-14. Hours of sale (Sunday) Consider amending alcohol ordinance to allow retail alcohol licensees to begin selling on Sunday at 11 a.m. ….Currently restaurants with on-premise consumption alcohol licenses may sell beer, wine, and distilled spirits beginning at 11:00 a.m. The Augusta Commission at the July 17, 2018 Commission meeting, approved an amendment to the alcohol ordinance that would allow restaurants to begin selling at 11:00 a.m., rather than 12:30 p.m., upon approval of a referendum to provide for the sale of alcohol on Sundays beginning at 11:00 a.m., in accordance with Senate Bill 117. The voters approved the referendum in the November 6, 2018, General and Special Election…. HB 879 provides that municipalities where retail package sales of malt beverages, wine, as well as distilled spirits have been authorized on Sunday’s from 12:30 p.m. to 11:30 p.m., pursuant to a referendum, and where sales of alcoholic beverages by the pour (on-premise) on Sundays begins at 11:00 a.m. authorized pursuant to a subsequent referendum, the local governing authority may allow, by adoption of a resolution or ordinance, for package sales by retailers of malt beverages, wine and distilled spirits on Sundays from 11:00 a.m. until 12:00 midnight. 3. Sec. 6-2-56. Brown bagging, etc. (a) No individual shall be allowed to consume alcoholic beverages in a business with an occupation tax certificate from Augusta-Richmond County that does not have a license for on-premises consumption of alcoholic beverages under this ordinance. The occupation tax licensee for a business in Augusta-Richmond County shall not allow any individual to consume alcoholic beverages on their premises when such alcoholic beverages were not purchased from the business. 4. Sec. 6-2-77. License for single event; occasional license. (a) Application may be made for an occasional, single event license for on-premises consumption of alcoholic beverages as follows: (4) Advertisement. All persons, firms or corporations desiring to engage in the sale of alcoholic beverages for a single event shall give notice of their intention to make such application by advertisement in form prescribed by Augusta-Richmond County Director of Planning & Development. Advertising, as referred to in this section, means there shall be a sign posted thirty (30) days prior to the hearing of the application in a prominent position on the property (e.g., front window where it can be read from the road); also, all new license applicants (for events at new locations) shall be required to advertise three (3) times in the legal gazette (Augusta Chronicle) before applications are heard by the Commission. Advertising in the legal gazette shall be during the thirty-day period prior to the hearing of the application by the Commission. Before the application is presented to the Commission, the applicant shall furnish proof that the advertisement has been completed as required hereinabove. The above provisions regarding advertisement shall not apply to an application to sell alcoholic beverages in or on any museum, cultural center or facility, public park, playground, or building owned or operated by Augusta- Richmond County, Georgia Port Authority, or at a location on Riverwalk which has been designated as An Alcohol Beverage Location by Riverwalk Augusta (see Section 6-2-5), nor shall the above provisions regarding advertisement apply to events held by non-profit organizations or restaurants or bars applying for a single event Sunday sales license. (10) Procedures. b. For such applications from Non-Profit organizations, Sunday Sales Single Event Restaurant, Bar applicants, and other eligible single license events that do not require advertising per section 6-2-77 (a) (4), the Director of Planning & Development Department with a written approval report from the Sheriff, and Recreation Department if applicable, shall grant the license. The Director of Planning & Development shall issue the license. The license shall be valid for the location, date(s) and time(s) specified therein only. 5. Sec. 6-2-78. Tasting Events at Package Stores. The Legislation provides for tastings of beer, wine, and distilled spirits to take place on the premises of a retail package liquor store, or a retail dealer. The legislation allows for tastings of small samples of beers, wines, and distilled spirits provided that the samples are of alcoholic products that are available for sale on the premises and that the samples are consumed in the presence of a representative of the store. 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 CHANGE ORDER OWNER - Augusta Aviation Commission Augusta Regional Airport ARCHITECT / ENGINEER – Mead & Hunt, Inc. 1501 Aviation Way Augusta, GA 30906 5955 Core Road, Suite 515, North Charleston, SC 29406 Ph: 706-796-4010 Ph. (843)486-8330 DESCRIPTION of CHANGE: CP No. Description Amount COP-01 Cost Associated with Adding Builder’s Risk Insurance Policy $6,838.00 TOTAL $6,838.00 ADJUSTMENT of CONTRACT SUM ADJUSTMENT of CONTRACT TIME Original Contract Sum: $ 2,346,083.00 Original Contract Time: 142 (days) Prior Adjustments: $ 0 Prior Adjustments: 0 (days) Contract Sum Prior to this Change: $ 2,346,083.00 Contract Time Prior to this Change: 142 (days) Adjustment for this Change: $ 6,838.00 Adjustment for this Change: 0 (days) Revised Contract Sum: $ 2,352,921.00 Revised Contract Time: 142 (days) Contractor waives any claim for further adjustments of the Contract Sum and Contract Time related to the above described change in the work. ARCHITECT OWNER’S REPRESENTATIVE Recommended by: Recommended by: Architect Date Representative Date CONTRACTOR OWNER Accepted by: Approved by: Date Date PROJECT: AGS Baggage Handling System Replacement Project No.: 0119700-182115.02 CONTRACTOR: SD Clifton Construction, Inc. 4324 Wheeler Road, Martinez, GA 30907 CHANGE ORDER NO.: 01 Date: 01/28/2021 Cc: P.O. Box 949 – Evans, GA 30809 – 706-836-3238 - Fax: 706-733-4030- E-mail: brandon@sdclifton.com December 16, 2020 Mead & Hunt Inc. 5955 Core Road Suite 515 Charleston, SC 29406 Attn: Robert Moore Via email: robert.moore@meadhunt.com Re: Augusta Regional Airport Baggage Handling Project – 1501 Aviation Way Dear Robert: This is the cost associated with adding a Builder’s Risk Insurance Policy for the contract amount of $2,346,083.00 for the Augusta Regional Airport Baggage Handling Project. Insurance Premium = $5,946.00 15% O&P = $892.00 Cost for Added Work = $6,838.00 Approved By: _______________________________________________ Please let me know if you have any questions about any of the items listed above. Sincerely, Brandon Dominy Project Manager S.D. Clifton Construction, Inc. A1-U-GU-1220-B CW (09/16) 112008270 Zurich Insurance Group (Zurich) offers insurance solutions around the globe through its member companies. Rating as of March 31, 2016. A.M. Best and S&P’s ratings are under continuous review and subject to change and/or affirmation. For the latest ratings, access the ratings section on www.zurichna.com. The rating represents the overall financial status of the individual member companies of Zurich in North America, including Zurich American Insurance Company in the United States and Zurich Insurance Company Ltd (Canadian Branch) in Canada; and is not a recommendation of the specific policy provisions, rates or practices of each issuing insurance company. The Zurich logo and Zurich are trademarks of Zurich Insurance Company Ltd. © 2016 Zurich American Insurance Company. All rights reserved.© 2016 Zurich Insurance Company Ltd (Canadian Branch). All rights reserved. Market leadership Zurich has been providing comprehensive solutions for more than 140 years around the globe Financial strength We demonstrate strength and stability: AA- S&P and A+ A.M. Best ratings Industry experience Zurich insures 90% of Fortune 500 companies, and provides cutting-edge insights for 25 industries Exceptional people We are a values-based organization and live the Zurich Commitment in all we do, which includes acting responsibly and following our core values Delivering when it matters Industry leading claims service in North America Zurich Programs Builders Risk and Installation This is a proposal for insurance. It is not an insurance policy This proposal is not a part of and is not incorporated into the insurance policy. If there is any conflict between the coverage descriptions shown in this proposal and the actual insurance policy, the insurance policy prevails. The insurance policy supercedes this proposal. . Only the policy itself provides coverage. The coverages offered in this proposal are based on information received through the agent and may not include all available coverages. The client and their agent should discuss any additional or optional coverages needed. Coverage descriptions are abbreviated and do not indicate in force coverage. Quote Proposal Thank you for the opportunity to provide you with a quote proposal. The quote is based on the underwriting and rating information, including deductibles and retention, provided to date and may be subject to additional rating, pricing or underwriting considerations. Also, acceptability may be subject to an Engineering and Safety Services survey and compliance with its recommendations. This is a proposal for insurance. It is not an insurance policy. The coverages offered in this proposal are based on information received through the agent and may not include all available coverages. The agent and the customer should discuss the need for any additional or optional coverages. Coverage descriptions are abbreviated and do not indicate in force coverage. Only the policy itself provides coverage. This proposal is not a part of and is not incorporated into the insurance policy. If there is any conflict between the coverage descriptions shown in this proposal and the actual insurance policy, the insurance policy prevails. The insurance policy supercedes this proposal. Thank you, Builders Risk Underwriter US Assure 8230 Nations Way Jacksonville, Florida 32256 800-800-3907 1 Attention WATSON & KNOX INC: 6Date Generated: 12/04/2020 4:31:34 PM Page of Zurich Programs Builders Risk and Installation This is a proposal for insurance. It is not an insurance policy This proposal is not a part of and is not incorporated into the insurance policy. If there is any conflict between the coverage descriptions shown in this proposal and the actual insurance policy, the insurance policy prevails. The insurance policy supercedes this proposal. . Only the policy itself provides coverage. The coverages offered in this proposal are based on information received through the agent and may not include all available coverages. The client and their agent should discuss any additional or optional coverages needed. Coverage descriptions are abbreviated and do not indicate in force coverage. Our Builders Risk Plan offers world-class coverages, flexibility and service to agents and builders nationwide. For more than 30 years, we've been pioneering the development of insurance solutions for construction professionals and have protected the property interests of builders and developers on even the most intricate residential and commercial construction projects. The Builders Risk product offers a wide spectrum of property coverage. Here are few highlights of the coverage offered: • Construction Forms, Scaffolding and Temporary Structures up to • Re-erection of scaffolding if caused by or results from a covered cause of loss up to • Valuable Papers and Records – Cost of Research up to • Outdoor Trees, Shrubs, Plants and Lawns • Additional Debris Removal expense is covered up to but not exceeding • Coverage for Pollutant Clean-up and Removal of land and water for up to for each 12 month period of the policy. • Fire Department Service Charge up to • Reward up to • • Foundations • Our valuation can include profit up to 20% for new structures only if included in the Limit of Insurance you selected • Broad Collapse coverage • Back-up or overflow of sewers, drains or sumps up to • Paving, Curbing, Fences and Outdoor Fixtures • Ordinance or Law demolition and increased cost Coverage up to limit for construction of new structures only • Inadvertent omission in reporting on a monthly reporting form policy • Model Homes and Model Home Contents coverage can be added on a reporting form policy Strong, reliable insurance protection is available from Zurich Programs. Zurich Programs is an integral part of Zurich North America. Zurich Financial Services (www.zurich.com) is an insurance-based financial services provider with a global network that focuses its activities on its key markets in North America and Europe. Founded in 1872, Zurich is headquartered in Zurich, Switzerland. Through its offices in more than 50 countries, 57,000 Zurich employees serve clients in more than 120 countries. In North America, Zurich (www.zurichna.com) is a leading commercial property-casualty insurance provider serving the global corporate, large corporate, middle market, specialties and programs sectors. 2 $25,000 $50,000 $50,000 $50,000 $25,000 $25,000 $25,000 Waiver of Coinsurance clause if loss is less than or equal to $25,000 $25,000 $1,000,000 6Date Generated: 12/04/2020 4:31:34 PM Page of Zurich Programs Builders Risk and Installation This is a proposal for insurance. It is not an insurance policy This proposal is not a part of and is not incorporated into the insurance policy. If there is any conflict between the coverage descriptions shown in this proposal and the actual insurance policy, the insurance policy prevails. The insurance policy supercedes this proposal. . Only the policy itself provides coverage. The coverages offered in this proposal are based on information received through the agent and may not include all available coverages. The client and their agent should discuss any additional or optional coverages needed. Coverage descriptions are abbreviated and do not indicate in force coverage. Quote Proposal Premium Summary Prepared For Presented By Proposed Policy Period From To (12:01 a.m. Standard Time at your address as stated herein) Coverage and premium information Type of coverage Total Premium (all locations)* This is intended only as a brief outline and does not alter any of the coverages, conditions, exclusions or provisions contained in the policy. Builders Risk Proposed Policy Premium* State Taxes & Surcharges * Premium quotation valid for 30 days from the date on the first page of this proposal. See attached Disclosure of Terrorism Premium. 3 WATSON & KNOX INC PO BOX 539 THOMSON, GA 30824-0539 +1 706 595 4951 16951618 12/04/2020 12/04/2021 S D Clifton Construction, Inc. PO Box 949 Evans, GA 30809 Total fully earned policy premium* $5,946.00 $5,946.00 $0.00 $5,946.00 Policy is fully earned 6Date Generated: 12/04/2020 4:31:34 PM Page of Zurich Programs Builders Risk and Installation This is a proposal for insurance. It is not an insurance policy This proposal is not a part of and is not incorporated into the insurance policy. If there is any conflict between the coverage descriptions shown in this proposal and the actual insurance policy, the insurance policy prevails. The insurance policy supercedes this proposal. . Only the policy itself provides coverage. The coverages offered in this proposal are based on information received through the agent and may not include all available coverages. The client and their agent should discuss any additional or optional coverages needed. Coverage descriptions are abbreviated and do not indicate in force coverage. Primary Builders Risk Coverages Deductible Total Limits Premium Coverage Extensions Deductible Total Limits Premium 4 Amount of renovation/improvements $1,000 $2,350,000 All Covered Property at all Locations $1,000 $2,350,000 $5,946 Additional Coverages: Back-up or Overflow of Sewer, Drains or Sumps None $25,000 $0 Claim Preparation Expense None $10,000 $0 Contract Penalties None $25,000 $0 Debris Removal None $50,000 $0 Fire Department Service Charge None $25,000 $0 Ordinance or law $1,000 $1,000,000 Loss to the undamaged portion of the building $1,000 Included Demolition cost $1,000 $1,000,000 Increased cost of construction $1,000 $1,000,000 Combined Aggregate for Demolition Cost and Increased Cost of Construction $1,000 $1,000,000 $0 Pollutant Clean-Up and Removal None $25,000 $0 Rewards None $25,000 $0 Re-erection of Scaffolding None $25,000 $0 Scaffolding, Construction Forms and Temporary Structures None $50,000 $0 Property at a Temporary Storage Location $1,000 $117,500 $0 Property in Transit $1,000 $117,500 $0 Valuable Papers and Records None $50,000 $0 Profit If included 6Date Generated: 12/04/2020 4:31:34 PM Page of Zurich Programs Builders Risk and Installation This is a proposal for insurance. It is not an insurance policy This proposal is not a part of and is not incorporated into the insurance policy. If there is any conflict between the coverage descriptions shown in this proposal and the actual insurance policy, the insurance policy prevails. The insurance policy supercedes this proposal. . Only the policy itself provides coverage. The coverages offered in this proposal are based on information received through the agent and may not include all available coverages. The client and their agent should discuss any additional or optional coverages needed. Coverage descriptions are abbreviated and do not indicate in force coverage. Special Conditions Deductible Total Limits Premium Quote Proposal 24-hour Claim Service Our claim representatives understand businesses like yours and recognize how difficult a business shutdown can be for you. So, while they provide service that’s fast, responsive and fair, their ultimate goal is to minimize your business disruption and get you back to full operation as promptly as possible. In the event you have a loss, we now offer online loss reporting with immediate acknowledgement. Your claim is assigned to a local claim office, usually within two hours of reporting the loss, but generally no longer than 24 hours. You can also call us toll-free at 1-888- 279-9375. 5 6Date Generated: 12/04/2020 4:31:34 PM Page of Zurich Programs Builders Risk and Installation This is a proposal for insurance. It is not an insurance policy. Only the policy itself provides coverage. The coverages offered in this proposal are based on information received through the agent and may not include all available coverages. The client and their agent should discuss any additional or optional coverages needed. Coverage descriptions are abbreviated and do not indicate in force coverage. This proposal is not a part of and is not incorporated into the insurance policy. If there is any conflict between the coverage descriptions shown in this proposal and the actual insurance policy, the insurance policy prevails. The insurance policy supercedes this proposal. Quote Proposal Customer and Agent Information Named Insured: Agency Name: Customer Location Information Location Address: Protection Class: Construction: # of Stories: Primary occupancy: Additional Interests 6 S D Clifton Construction, Inc. WATSON & KNOX INC 2 Frame1501 Aviation Way Augusta, GA 30906 1 Other 6Date Generated: 12/04/2020 4:31:34 PM Page of U-GU-632-E CW (01/20) Copyright © 2020 Zurich American Insurance Company Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. THIS DISCLOSURE DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER ANY POLICY. DISCLOSURE OF IMPORTANT INFORMATION RELATING TO TERRORISM RISK INSURANCE ACT SCHEDULE* Premium attributable to risk of loss from certified acts of terrorism for lines of insurance subject to TRIA: $0 *Any information required to complete this Schedule, if not shown above, will be shown in the quote or proposal. A. Disclosure of Premium In accordance with the federal Terrorism Risk Insurance Act (“TRIA”), as amended, we are required to provide you with a notice disclosing the portion of your premium, if any, attributable to the risk of loss from terrorist acts certified under that Act for lines subject to TRIA. That portion of premium attributable is shown in the Schedule above. The premium shown in the Schedule above is subject to adjustment upon premium audit, if applicable. B. Disclosure of Federal Participation in Payment of Terrorism Losses You should know that where coverage is provided by this policy for losses resulting from certified acts of terrorism, the United States Government may pay up to 80% of insured losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. C. Disclosure of $100 Billion Cap on All Insurer and Federal Obligations If aggregate insured losses attributable to terrorist acts certified under TRIA exceed $100 billion in a calendar year (January 1 through December 31) and an insurer has met its deductible under the program, that insurer shall not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion, and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of Treasury. D. Availability As required by TRIA, we have made available to you for lines subject to TRIA coverage for losses resulting from acts of terrorism certified under TRIA with terms, amounts and limitations that do not differ materially from those for losses arising from events other than acts of terrorism. E. Definition of Act of Terrorism under TRIA TRIA defines "act of terrorism" as any act that is certified by the Secretary of the Treasury, in accordance with the provisions of the federal Terrorism Risk Insurance Act (“TRIA”), to be an act of terrorism. The Terrorism Risk Insurance Act provides that the Secretary of Treasury shall certify an act of terrorism: 1. To be an act of terrorism; 2. To be a violent act or an act that is dangerous to human life, property or infrastructure; 3. To have resulted in damage within the United States, or outside of the United States in the case of an air carrier (as defined in section 40102 of Title 49, United States Code) or a United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission; and 4. To have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. U-GU-632-E CW (01/20) Copyright © 2020 Zurich American Insurance Company Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. No act may be certified as an "act of terrorism" if the act is committed as part of the course of a war declared by Congress (except for workers’ compensation) or if losses resulting from the act, in the aggregate for insurance subject to TRIA, do not exceed $5,000,000. Commission Meeting Agenda 3/2/2021 2:00 PM Change Order #1 Builders Risk Insurance- SD Clifton 20-214 Department:Augusta Regional Airport Department:Augusta Regional Airport Caption:Motion to approve the Change Order #1 to the Construction Contract ITB 20-214 with S.D. Clifton Construction Inc. in the amount of $6,838,00. This is the first change order requested on the project. (Approved by Public Services Committee February 23, 2021) Background:S.D. Clifton Construction is contracted to construct the Baggage Handling System Replacement project at the Augusta Regional Airport. This work will take place mainly inside the existing Terminal Building Baggage Claim and Ticketing make-up areas. The mobilization phase for this project is just underway and is in the submittal review stage. On-site construction is scheduled to begin mid-April 2021. This requested Change Order 01 will have S.D. Clifton Construction provide a Builder’s Risk Insurance policy during construction of the project. This is an additional insurance policy request and has been reviewed and confirmed between S.D. Clifton, Augusta Regional Airport and City of Augusta – Richmond County. The Builder’s Risk Insurance is being provided through Zurich Programs and the change order proposal is presented by S.D. Clifton through Watson & Knox, Inc. and is herein attached. The original contract value for S.D. Clifton is $2,346,083.00 and this Change Order #1 in the amount of $6,838.00 amends their contract total to $2,352,921.00. Analysis:This change order will result in a Net Increase of 0.29%. Financial Impact:This change order will be federally funded with a 2021 AIP Grant #46 and PFC funds. The airport cost match for this is $334.00 Alternatives:To deny Recommendation:Aviation Commission requests approval of Change Order #1 Builders Risk Insurance- SD Clifton. Funds are Available in the Following Accounts: This change order will be federally funded with a 2021 AIP Grant #46 and PFC funds. The airport cost match for this is $334.00 551081302-5421110 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission HOME Program – Homebuyer Written Agreement Page 1 of 5 HOME PROGRAM HOMEBUYER WRITTEN AGREEMENT NOTICE TO HOMEBUYER: This AGREEMENT contains a number of requirements you must fulfill in exchange for the federal assistance you are receiving through the Home Investment Partnerships Program (HOME Program). Be sure to read each paragraph carefully and ask questions regarding any sections you do not fully understand. This AGREEMENT will be enforced by a forgivable loan and mortgage as set forth below. You should be sure that you thoroughly understand these documents before you sign them. THIS AGREEMENT, made and entered into this ____ day of ____________, 2021 by and between ____________ hereinafter referred to as “BORROWER,” and AUGUSTA HOUSING & COMMUNITY DEVLOPMENT having its principal office at 510 Fenwick, Augusta, Georgia 30901, hereinafter referred to as “LENDER.” WHEREAS, on ___________________, the Lender agreed to provide to the Borrower financial assistance to be used in pursuit of the purchase of certain real property hereafter described: _Map Parcel #___ and ___________________________________. WHEREAS, a percentage of said financial assistance was provided in the form of a Forgivable Loan, hereinafter referred to as a “LOAN,” with said Loan being in the amount of Twenty-Five thousand dollars 00/100 ($25,000.00) subject to the condition that the Borrower executes this Agreement. WHEREAS, the Forgiveness Loan is funded by the U.S. Department of Housing and Urban Development (“hereafter HUD”) via the HOME Investment Partnership Program (hereafter “HOME Program”), and restrictions apply to the Borrower when participating in the City of Augusta’s Forgiveness Loan Program. NOW THEREFORE, in consideration of the said Loan and in accordance with the provisions of State of Georgia Statues, the parties do hereby agree as follows: The Borrower covenants and agrees with the Lender to adhere to the following HOME Program Restrictions imposed on them for the federal assistance provided: Affordability Period You must comply with the HOME Program’s period of affordability. The period of affordability for the home will be 20 years, based on the amount of the direct subsidy to the HOMEBUYER. During this 20 year period, the HOMEBUYER must maintain the home as his/her principal place of residence at all times. During this time the recapture restriction is effective and requires all HOME funds that were provided for the purchase of the home to be repaid to the City, including principal, HOME Program – Homebuyer Written Agreement Page 2 of 5 interest, late fees, and other charges, if you do not occupy the property as your principal residence or if you sell or transfer the property. Maximum Sales Price The property may not have a purchase price for the type of single family housing that exceeds 95% of the median purchase price for the area. It has been verified that the purchase price of the housing does not exceed 95 percent (95%) of the median purchase price of homes for the area, as set forth in 24 CFR Part 92.254(a). The maximum purchase price is as follows for the Augusta Richmond County GA: Unit # FHA Limits Pre-Economic Stimulus Act- 2020 Existing Homes New Homes 1 Unit $ 157,000 $ 238,000 2 Unit $ 201,000 $ 304,000 3 Unit $ 243,000 $ 368,000 4 Unit $ 301,000 $ 456,000 Unadjusted Median Value $ 164,900 $ 250,000 Appraised property value The AWARDEE certifies that a certified property appraiser has appraised the property that is the subject of this AGREEMENT at a value of $________. Principal residence requirement This agreement shall remain in force throughout the affordability period as long as the home remains the principal residence of the HOMEBUYER. Should the HOMEBUYER not maintain the home as his/her principal residence, or rent or sell the residence to another party, the HOMEBUYER will be in breach of this agreement and will be required to repay the amount awarded, as of the day the home is no longer the principal place of residence of the HOMEBUYER. If the home is sold to another party, the liability of the HOMEBUYER will be limited to the amount of the net proceeds of the sale as set forth below. ________Buyer Initials Recapture Agreement This is a mechanism to recapture all or a portion of the direct HOME subsidy if the HOME recipient decide to sell the house within the affordability period at whatever price the market will bear. The recaptured funds will come from the net proceeds if available. Any such repayment as required shall be made to the Lender no later than thirty (30) days following the action that require the repayment. HOME Program – Homebuyer Written Agreement Page 3 of 5 Obligation of Repayment As security of Borrower’s obligation of repayment, and subject to the terms and conditions of this Agreement, the Borrower grants, and the Lender shall and hereby does have, a lien on the real estate hereinafter described in the full amount necessary to satisfy said repayment obligation and the cost, including reasonable attorney’s fees, of collecting the same. The real estate subject to said lien is legally described as: ALL THAT LOT OR PARCEL OF LAND, situated, lying and being in the City of Augusta, Richmond County, Georgia bounded North by ______. South by ______________, East by ____________ and West by ___________. Parcel # _____________ Property recorded as _______________________, Promptly after the date of any sale, transfer or other conveyance of the above describe property, or in the event of a sale by contract for deed, at least ten (10) days prior to the date of such sale; or if the property shall cease to be the Borrower’s principal place of residency, the Borrower or his/her heirs, executors, or representatives shall give the lender notice thereof. In the event the Borrower or his/her heirs, executors, or representatives shall fail or refuse to make a required payment within said limited period, the Lender may, with or without notice to the Borrower, foreclose said lien in the same manner as an action of the foreclosure or mortgages upon said real estate, as provided by State Statue. Ownership of Property You must hold fee simple title to the property purchased with HOME funds for the duration of your Forgiveness Loan. Use of HOME funds The HOMEBUYER agrees that the HOME assistance will be used to lower the cost of the home by providing down payment assistance. This will reduce the sales price of the home to the HOMEBUYER and reduce the total amount the HOMEBUYER will be required to borrow in order to purchase the home. ________Buyer Initials Household Income You must be an eligible household through the time of filing a loan application with the City or other lender to the escrow closing of the purchase transaction. Income eligibility means that your annual gross household income, adjusted for household size does not exceed eighty percent (80%) of the Augusta-Aiken median income, as established by HUD. Insurance requirement HOME Program – Homebuyer Written Agreement Page 4 of 5 The HOMEBUYER must at all times during the duration of this AGREEMENT maintain a valid and current insurance policy on the home for the current appraised or assessed value of the home. Failure to maintain a valid and current insurance policy will be considered a breach of this AGREEMENT, and the AWARDEE will have the right to foreclose on its mortgage lien if necessary to protect the HOME Program investment. Property standards Pursuant to HOME Program rules, the property that is the subject of this AGREEMENT must meet all State and local housing quality standards and code requirements. If no such standards or codes apply, the property must at a minimum meet the HUD Section 8 Housing Quality Standards/Uniform Physical Condition Standards. Termination Clause In the event of foreclosure or deed in lieu of foreclosure of Prior Security Deed, any provisions herein or any provisions in any other collateral agreement restricting the use of the Property to low or moderate-income households or otherwise restricting the Borrower’s ability to sell the Property shall have no further force or effect. Any person (including his successors or assigns) receiving title to the Property through a foreclosure or deed in lieu of foreclosure of a Prior Security Deed shall receive title to the Property free and clear from such restriction. Further, if any Senior Lien Holder acquires title to the Property pursuant to a deed in lieu of foreclosure, the lien of this Security Instrument shall automatically terminate upon the Senior Lien Holder’s acquisition of title, provided that (i) the Lender has been given written notice of a default under the Prior Security Deed and (ii) the Lender shall not have curved the default under the Prior Security Deed within the 30-day notice sent to the Lender.” This Agreement shall run with the aforementioned real estate and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, representatives, successors and assigns. If at any time that the City realizes that you have falsified any documentation or information, you may be required by law to pay the full amount of subsidy provided. ________Buyer Initials Post Purchase Requirement Homeowner must attend a Post Homeownership Counseling class and submit a certificate of completion to AHCD within the first two years of purchasing the house. AHCD will not release the lien on the property until this requirement has been met. _______Buyer Initials IN WITNESS WHEREOF, the Borrower has executed this Forgiveness Loan Repayment Agreement. HOME Program – Homebuyer Written Agreement Page 5 of 5 ___________________________________________ Date___________________________ HOMEBUYER SIGNATURE Attest: Subscribed and sworn to before me __________________________________, 20____. My Commission Expires ______________________________________, 20____. ______________________________________ Notary Signature IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above: ATTEST: AUGUSTA, GEORGIA (The City) Approved as to form: _________________________ Date:_________________ Augusta, GA Law Department By: ___________________________________ Date: _________________ Hardie Davis As Mayor By: ___________________________________ Date: _________________ Odie Donald II Administrator By: ___________________________________ Date:_________________ Hawthorne Welcher, Jr. As Director, HCD SEAL ____________________________ Lena Bonner As its Clerk Commission Meeting Agenda 3/2/2021 2:00 PM HCD_Down Payment Assistance Request Department:HCD Department:HCD Caption:Motion to approve Housing and Community Development Department’s (HCD's) request to provide funding to assist two (2) low to moderate income homebuyers with down-payment assistance to purchase a home. (Approved by Administrative Service Committee-February 23, 2021) Background:Augusta, GA’s Down Payment Assistance Program (administered by HCD) is a loan, given to a prospective homeowner in the form of a second mortgage. This financial assistance is combined with a primary loan (first mortgage loan) from a participating lending institution and enables a qualified first-time homebuyer to become a homeowner. The buyer must be a first-time home buyer and the home must become the buyer’s primary residence. The program is funded by the U.S. Department of Housing and Urban Development (HUD) and administered by Augusta, GA’s Housing and Community Development Department (HCD). The program promotes neighborhood stability by assisting with the gap financing towards the purchase price and closing costs for homes located within the limits of Augusta-Richmond County. Two applicants awaiting approval to move forward with the process of becoming a homeowner are: 3604 Larkspur Drive, Augusta, GA 30906 $5,000.003604 Sturnidae Drive, Augusta, GA 30906 $5,000.00 The applicant has a first mortgage loan from a lending institution, but needs down payment assistance to complete the process. A prospective homeowner is only eligible to receive up to $5,000.00 if they are purchasing a single-family dwelling in the Richmond County area.Once approved, lenders will schedule a closing and the applicant will soon be on their way to homeownership in Augusta – Richmond County. Analysis:The approval of the application will enable an individual to become a homeowner and “Make the American Dream a Reality”. Approval will also have a positive impact on the community by increasing the tax base in Augusta, Georgia. Financial Impact:The City receives funding from the US Housing and Urban Development Department (HUD) on an annual basis. This approval will total $10,000.00 given in the form of a second mortgages (forgiven upon the fifth year after closing date), and shown as a second lien against said property until forgiven. Alternatives:Do not approve HCDs Request. Recommendation:Motion to approve Housing and Community Development Department’s (HCD's) request to provide funding to assist two (2) low to moderate-income homebuyers with down-payment assistance to purchase a home. Funds are Available in the Following Accounts: Housing and Urban Development (HUD) Funds: a)HOME Investment Partnership Grant (HOME) funds: 221073212/5225110 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission AHCDD Form 508 (Rev. 05/04) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - REPAIR PROJECT Page 1 of 2 Pages This agreement is between (Contractor): And: Augusta Housing & Community Development 510 Fenwick Street Augusta, Georgia 30901 Address: Project #: The Contractor agrees to furnish all labor and materials to complete in a good, work man like manner repairs to the property shown above, for the total sum of ______________________. All work will be accomplished in accordance with the attached Work Write Up, and the material and labor quality standards specified in the Augusta Housing and Community Development Department Contractor’s Handbook and Performance Manual. The Contractor agrees to accept payment from the Augusta Housing and Community Development Department in accordance with Department payment procedures. The Contractor agrees to complete all repair work required by this contract within 31 working days of the date of this contract. The undersigned, having reviewed and understanding this contract, agree to the terms as specified above and in the attached contract documents. ______ Hawthorne Welcher, Jr., Director Housing & Community Development Witness: SWORN TO AND SUBSCRIBED BEFORE ME, THIS DAY OF , 20 . Notary Public, State of Georgia (SEAL) AHCDD Form 508 (Rev. 05/04) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - REPAIR PROJECT Page 2 of 2 Pages Approved as to form: _________________________ Date:______________ Augusta, GA Law Department By: ___________________________________ Date: ______________ Hardie Davis As its Mayor By: ___________________________________ Date: _______________ Odie Donald II As its Administrator By: ___________________________________ Date: ________________ Hawthorne Welcher, Jr. As its Director, HCD SEAL ____________________________ Lena Bonner As its Clerk Commission Meeting Agenda 3/2/2021 2:00 PM HCD_Emergency Rehabilitation Program Request Department:HCD Department:HCD Caption:Motion to approve eleven (11) Emergency Rehabilitation projects. (Approved by Administrative Service Committee- February 23, 2021) Background:The Homeowner-Occupied Emergency Rehabilitation Programs provide a mechanism for eligible homeowners to bring their home into compliance with local codes and provide safe, decent housing for lower-income individuals. The program functions through two major components: · Home Owner occupied Rehabilitation – Full rehab to include rehabbing of floors, bathrooms, counter tops, cabinets, etc… • Emergency Rehabilitation – Code items program to include only one of the following: roofing, HVAC, electrical or plumbing. The Homeowner Emergency / Rehabilitation Program is designed to bring the eligible homeowner’s dwelling into compliance with applicable, locally adopted housing rehabilitation standards to reduce ongoing and future maintenance costs, promote energy efficiency, and to preserve decent affordable owner-occupied housing. Federal funding for these activities is provided to Augusta, GA through the Community Development Block Grant (CDBG) Program and the Home Investment Partnership Program (HOME). This request will provide eleven (11) homeowners with funding for the following addresses: 1. Contractor: Legacy 4 Construction, Inc. Project Address: 2247 Travis Road, Augusta, Ga 30906 Amount: $ 6,600.00 2. Contractor: Legacy 4 Construction, Inc. Project Address: 2611 Cranbrook Drive, Augusta, Ga 30906 Amount: $ 7,875.00 3. Contractor: Johnny’s Heating & Air Project Address: 3467 Postell Drive, Hephzibah, Ga 30815 Amount: $ 4,375.00 4. Contractor: Curry’s Home Improvement Project Address: 2520 Jolles Ave, Augusta, Ga 30906 Amount: $ 7,775.00 5. Contractor: Curry’s Home Improvement Project Address: 1925 Lionel Street, Augusta, Ga 30906 Amount: $ 4,350.00 6. Contractor: Curry’s Home Improvement Project Address: 1250 Hernlen Road, Augusta, Ga 30901 Amount: $ 6,760.00 7. Contractor: Blount’s Complete Home Service Project Address: 1015 Dugas Street, Augusta, Ga 30901 Amount: $ 15,800.00 8. Contractor: Legacy 4 Construction, Inc. Project Address: 2847 Wells Drive, Augusta, Ga 30906 Amount: $ 8,475.00 9. Contractor: Blount’s Complete Home Service Project Address: 2407 Hardwick Drive, Augusta, Ga 30906 Amount: $ 6,000.00 10. Contractor: Curry’s Home Improvement Project Address: 2371 Ruby Drive, Augusta, Ga 30906 Amount: $ 9,500.00 11. Contractor: Funes Construction Project Address: 1523 Maple Street, Augusta, Ga 30901 Amount: $ 9,100.00 Analysis:The approval of this request will allow eleven (11) homeowners to obtain compliant, decent, and safe housing. Financial Impact:The City receives funding from the US Housing and Urban Development Department (HUD) on an annual basis. Total amount requested - $86,610.00. Alternatives:Do not approve HCDs request. Recommendation:Motion to approve eleven (11) Emergency Rehabilitation projects. Funds are Available in the Following Accounts: U.S. Department of Housing and Urban Development (HUD) Funds: a) CDBG-221073211 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission HOME Program – Homebuyer Written Agreement Page 1 of 5 HOME PROGRAM HOMEBUYER WRITTEN AGREEMENT NOTICE TO HOMEBUYER: This AGREEMENT contains a number of requirements you must fulfill in exchange for the federal assistance you are receiving through the Home Investment Partnerships Program (HOME Program). Be sure to read each paragraph carefully and ask questions regarding any sections you do not fully understand. This AGREEMENT will be enforced by a forgivable loan and mortgage as set forth below. You should be sure that you thoroughly understand these documents before you sign them. THIS AGREEMENT, made and entered into this ____ day of ____________, 2021 by and between ____________ hereinafter referred to as “BORROWER,” and AUGUSTA HOUSING & COMMUNITY DEVLOPMENT having its principal office at 510 Fenwick, Augusta, Georgia 30901, hereinafter referred to as “LENDER.” WHEREAS, on ___________________, the Lender agreed to provide to the Borrower financial assistance to be used in pursuit of the purchase of certain real property hereafter described: _Map Parcel #___ and ___________________________________. WHEREAS, a percentage of said financial assistance was provided in the form of a Forgivable Loan, hereinafter referred to as a “LOAN,” with said Loan being in the amount of Twenty-Five thousand dollars 00/100 ($25,000.00) subject to the condition that the Borrower executes this Agreement. WHEREAS, the Forgiveness Loan is funded by the U.S. Department of Housing and Urban Development (“hereafter HUD”) via the HOME Investment Partnership Program (hereafter “HOME Program”), and restrictions apply to the Borrower when participating in the City of Augusta’s Forgiveness Loan Program. NOW THEREFORE, in consideration of the said Loan and in accordance with the provisions of State of Georgia Statues, the parties do hereby agree as follows: The Borrower covenants and agrees with the Lender to adhere to the following HOME Program Restrictions imposed on them for the federal assistance provided: Affordability Period You must comply with the HOME Program’s period of affordability. The period of affordability for the home will be 20 years, based on the amount of the direct subsidy to the HOMEBUYER. During this 20 year period, the HOMEBUYER must maintain the home as his/her principal place of residence at all times. During this time the recapture restriction is effective and requires all HOME funds that were provided for the purchase of the home to be repaid to the City, including principal, HOME Program – Homebuyer Written Agreement Page 2 of 5 interest, late fees, and other charges, if you do not occupy the property as your principal residence or if you sell or transfer the property. Maximum Sales Price The property may not have a purchase price for the type of single family housing that exceeds 95% of the median purchase price for the area. It has been verified that the purchase price of the housing does not exceed 95 percent (95%) of the median purchase price of homes for the area, as set forth in 24 CFR Part 92.254(a). The maximum purchase price is as follows for the Augusta Richmond County GA: Unit # FHA Limits Pre-Economic Stimulus Act- 2020 Existing Homes New Homes 1 Unit $ 157,000 $ 238,000 2 Unit $ 201,000 $ 304,000 3 Unit $ 243,000 $ 368,000 4 Unit $ 301,000 $ 456,000 Unadjusted Median Value $ 164,900 $ 250,000 Appraised property value The AWARDEE certifies that a certified property appraiser has appraised the property that is the subject of this AGREEMENT at a value of $________. Principal residence requirement This agreement shall remain in force throughout the affordability period as long as the home remains the principal residence of the HOMEBUYER. Should the HOMEBUYER not maintain the home as his/her principal residence, or rent or sell the residence to another party, the HOMEBUYER will be in breach of this agreement and will be required to repay the amount awarded, as of the day the home is no longer the principal place of residence of the HOMEBUYER. If the home is sold to another party, the liability of the HOMEBUYER will be limited to the amount of the net proceeds of the sale as set forth below. ________Buyer Initials Recapture Agreement This is a mechanism to recapture all or a portion of the direct HOME subsidy if the HOME recipient decide to sell the house within the affordability period at whatever price the market will bear. The recaptured funds will come from the net proceeds if available. Any such repayment as required shall be made to the Lender no later than thirty (30) days following the action that require the repayment. HOME Program – Homebuyer Written Agreement Page 3 of 5 Obligation of Repayment As security of Borrower’s obligation of repayment, and subject to the terms and conditions of this Agreement, the Borrower grants, and the Lender shall and hereby does have, a lien on the real estate hereinafter described in the full amount necessary to satisfy said repayment obligation and the cost, including reasonable attorney’s fees, of collecting the same. The real estate subject to said lien is legally described as: ALL THAT LOT OR PARCEL OF LAND, situated, lying and being in the City of Augusta, Richmond County, Georgia bounded North by ______. South by ______________, East by ____________ and West by ___________. Parcel # _____________ Property recorded as _______________________, Promptly after the date of any sale, transfer or other conveyance of the above describe property, or in the event of a sale by contract for deed, at least ten (10) days prior to the date of such sale; or if the property shall cease to be the Borrower’s principal place of residency, the Borrower or his/her heirs, executors, or representatives shall give the lender notice thereof. In the event the Borrower or his/her heirs, executors, or representatives shall fail or refuse to make a required payment within said limited period, the Lender may, with or without notice to the Borrower, foreclose said lien in the same manner as an action of the foreclosure or mortgages upon said real estate, as provided by State Statue. Ownership of Property You must hold fee simple title to the property purchased with HOME funds for the duration of your Forgiveness Loan. Use of HOME funds The HOMEBUYER agrees that the HOME assistance will be used to lower the cost of the home by providing down payment assistance. This will reduce the sales price of the home to the HOMEBUYER and reduce the total amount the HOMEBUYER will be required to borrow in order to purchase the home. ________Buyer Initials Household Income You must be an eligible household through the time of filing a loan application with the City or other lender to the escrow closing of the purchase transaction. Income eligibility means that your annual gross household income, adjusted for household size does not exceed eighty percent (80%) of the Augusta-Aiken median income, as established by HUD. Insurance requirement HOME Program – Homebuyer Written Agreement Page 4 of 5 The HOMEBUYER must at all times during the duration of this AGREEMENT maintain a valid and current insurance policy on the home for the current appraised or assessed value of the home. Failure to maintain a valid and current insurance policy will be considered a breach of this AGREEMENT, and the AWARDEE will have the right to foreclose on its mortgage lien if necessary to protect the HOME Program investment. Property standards Pursuant to HOME Program rules, the property that is the subject of this AGREEMENT must meet all State and local housing quality standards and code requirements. If no such standards or codes apply, the property must at a minimum meet the HUD Section 8 Housing Quality Standards/Uniform Physical Condition Standards. Termination Clause In the event of foreclosure or deed in lieu of foreclosure of Prior Security Deed, any provisions herein or any provisions in any other collateral agreement restricting the use of the Property to low or moderate-income households or otherwise restricting the Borrower’s ability to sell the Property shall have no further force or effect. Any person (including his successors or assigns) receiving title to the Property through a foreclosure or deed in lieu of foreclosure of a Prior Security Deed shall receive title to the Property free and clear from such restriction. Further, if any Senior Lien Holder acquires title to the Property pursuant to a deed in lieu of foreclosure, the lien of this Security Instrument shall automatically terminate upon the Senior Lien Holder’s acquisition of title, provided that (i) the Lender has been given written notice of a default under the Prior Security Deed and (ii) the Lender shall not have curved the default under the Prior Security Deed within the 30-day notice sent to the Lender.” This Agreement shall run with the aforementioned real estate and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, representatives, successors and assigns. If at any time that the City realizes that you have falsified any documentation or information, you may be required by law to pay the full amount of subsidy provided. ________Buyer Initials Post Purchase Requirement Homeowner must attend a Post Homeownership Counseling class and submit a certificate of completion to AHCD within the first two years of purchasing the house. AHCD will not release the lien on the property until this requirement has been met. _______Buyer Initials IN WITNESS WHEREOF, the Borrower has executed this Forgiveness Loan Repayment Agreement. HOME Program – Homebuyer Written Agreement Page 5 of 5 ___________________________________________ Date___________________________ HOMEBUYER SIGNATURE Attest: Subscribed and sworn to before me __________________________________, 20____. My Commission Expires ______________________________________, 20____. ______________________________________ Notary Signature IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above: ATTEST: AUGUSTA, GEORGIA (The City) Approved as to form: _________________________ Date:_________________ Augusta, GA Law Department By: ___________________________________ Date: _________________ Hardie Davis As Mayor By: ___________________________________ Date: _________________ Odie Donald II Administrator By: ___________________________________ Date:_________________ Hawthorne Welcher, Jr. As Director, HCD SEAL ____________________________ Lena Bonner As its Clerk Commission Meeting Agenda 3/2/2021 2:00 PM HCD_Homebuyer Subsidy Program Request Department:HCD Department:HCD Caption:Motion to approve Housing and Community Development Department’s (HCD's) request to provide HOME funding to assist one (1) low to moderate income homebuyer with gap financing, down payment and closing cost to purchase a home through the Homebuyer Subsidy Program.(Approved by Administrative Service Committee-February 23, 2021) Background:The City of Augusta’s Home Subsidy Program is a loan in the form of a second mortgage. This financial assistance is combined with a primary loan (first mortgage loan) from a participating lending institution and enables a qualified first-time home buyer to become a homeowner. The buyer must be a first- time home buyer and the home must become the buyer’s primary residence. The program is funded by The Department of Housing and Urban Development (HUD) and administered by The City of Augusta’s Housing and Community Development Department (HCD). The program promotes neighborhood stability by assisting with gap financing towards the purchase price and closing costs for homes located within the city limits of Augusta and in conjunction with local Community Housing Development Organizations (CHDOs) and employees of Augusta, Georgia. One application awaiting approval to move forward with the process of becoming a homeowner: 1. 1. Homebuyer Subsidy – 2806 Hackle Street - Requesting: $25,000 Sales Price: $ 154,000.00 Applicant has a first mortgage from a lending institution but needs the Subsidy to complete the process. Once approved, Lenders will schedule closing and the applicant will then become a new homeowner in Augusta, Georgia. Analysis:The approval of the application will enable one individual to become a homeowner and “Make the American Dream a Reality”. Approval will also have a positive impact on the community by increasing the tax base in Augusta, Georgia. Financial Impact:The City receives funding from the US Housing and Urban Development Department on an annual basis. This approval would be for the amount of $25,000.00. Alternatives:Do not approve Homebuyer Subsidy's Agreement. Recommendation:Motion to approve Housing and Community Development Department’s (HCD's) request to provide HOME funding to assist one (1) low to moderate income homebuyer with gap financing, down payment and closing cost to purchase home though the Homebuyer Subsidy Program. Funds are Available in the Following Accounts: Housing and Urban Development (HUD) Funds: HOME Investment Partnership Grant (HOME) funds. 221073212- 5225110 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission RFQ 21-XXX Brokerage Services Page 1 of 9 RFQ Item 21-XXX Brokerage Services Due Date: Date BACKGROUND: The City of Augusta and the Augusta Housing and Community Development (HCD) is leading an initiative called the Laney-Walker/Bethlehem Neighborhood Revitalization Project. As a part of this project, many new homes are being built in the downtown area providing a new and innovative living experience for people of all incomes. These homes will provide housing for mixed income families/individuals, and will include both single-and mixed- use developments. Some of the areas will include new retail space and façade improvements to existing structures to encourage economic development. The purpose of this RFQ is to select (2) established Georgia Licensed Broker Real Estate firms who have active residential Homes Division to market and sell the homes that are built or renovated through this project. The selected Firm(s) will become a partner on this project, working with our developers, HCD staff and consultants, and various other partners. The focus area is the Historic Laney-Walker / Bethlehem. There are nine (9) nodes of development and several infill lots, see Exhibit A-Properties Available for Development. As the redevelopment effort has grown, the need for spec homes has decreased as more sales are generated from pre-sales of available designs on ready-to- build lots. The department has a variety home plans that buyers can select from during the pre-sales process. There is also a list of approved developers for construction. REQUEST FOR QUALIFICATION: This Request for Qualification is organized into several sections. Each Firm should respond to each section in the order below. Each RFQ will be evaluated on their response to these sections. BROKERAGE FIRM - MINIMUM QUALIFICATIONS: The City is seeking (2) two licensed Georgia Real Estate Brokerage Firms (to be addressed as Firm going forward). The Firm will have local experience in Marketing and Selling Homes located within in-town neighborhoods that are either built as Spec Homes or as Pre-Sales. At a minimum, the Firm must have demonstrated the ability to successfully price, market and sell property in a redevelopment community similar to the Laney Walker/Bethlehem revitalization area. The Firm must be currently licensed in the State of Georgia. In addition, the firm must be an active member, or agree to become an active member, of the August Metro Chamber of Commerce and the Builder’s Association of Metro Augusta. The firm must have practiced Real Estate Brokerage in Georgia actively for the past 2 consecutive years. In responding to this Section, the responder will also include the following information about the Firm: Contact information. Name, address, and phone number of the firm. Form of organization. Whether Firm is a partnership, corporation, or sole proprietorship, where it is organized, and the names of principals, officers, and directors of the firm. Validation of Real Estate Brokerage License in the State of Georgia Key personnel. Names of key personnel, their respective titles, experience, and periods of service with the firm. Project list and References. Provide list of ten homes marketed/listed over the past 5 years; include the address, number of houses to be built, number sold to date, price range and a reference for each. RFQ 21-XXX Brokerage Services Page 2 of 9 HOMES DIVISION – MINIMUM QUALIFICATIONS: 1. Validate that a contract within the Homes Division shall contain the following services as a minimum: a. Defining target market; b. Pricing of homes; c. Developing sales literature to include pricing, features, standard options and upgrades; d. Working knowledge of construction drawings; e. Developing logos and bylines; f. Branding the product that focuses on features, location and market g. Creation of 1-2 page website; h. Social media marketing; i. Media planning and buying; j. Event planning; Open House; Tour of Homes k. Public relations through various employers, civic groups and through the Firms Relocation Department; l. Marketing research on Augusta and buyers; m. Providing feedback and recommendations how to improve the product; n. Tools in place to provide as needed metrics on sales and days on market o. HOA covenant, policies and procedure generation; 2. The Firm must have experience working with the various project stakeholders: developers (for profit and non-profit), architects, marketing staff, lenders, and civic entities. As part of this partnership, the selected Firm must have in place existing tracking programs for tracking sales and providing metrics on an as needed basis and a process for managing meetings with the Home Division Staff (if applicable) and Developer to review status and make recommendations for changes to improve sales process; 3. The Firm will provide as a minimum, one licensed Georgia Real Estate Agent who will be the primary staff for the Laney-Walker Bethlehem Project. The primary agent will have the following minimum requirements: Sold at least 8 New Construction Homes in the period of 2015–2020. Demonstrated familiarity with demographics of target area residents and development/improvements forthcoming; 4. The selected Firm will be responsible for marketing materials on all development node projects. This investment will include sales literature, signage, media outlets, marketing events, web page design and management, and other material deemed necessary by the selected Firm; 5. The Firm is a current and active member of the Multiple Listing Service (MLS). SCOPE OF WORK: The selected Firm will sign a one-year commitment, with an optional annual renewal at the option of the City of Augusta, with the Firm to provide Broker Services to market and sell spec homes and pre-sales in the Laney- Walker/Bethlehem revitalization project area. The Scope of Services will include the following as a minimum: DEFINITION OF TARGET MARKET/PRICING Definition of Target Market (age, income, household size, etc.) Pricing of Homes (baseline with features and upgrades) Impediments to client pool (school district, credit challenges, etc.) DESIGN OF MARKETING/SALES STRATEGY: Design and Implementation of various street signage at each lot and various locations in downtown area Homes for Sale and floor plans for immediate access to information: http://appweb2.augustaga.gov/HCDHousing/ Create Sales Brochures (brochure and features) Input active listing into MLS Recommendation of preferred lenders and mortgage products Recommend agent commission strategy for both buyer and seller Recommendation of Buyer Incentives (down payment assistance, builder incentives) Active Marketing in local print/media as deemed appropriate (real estate publications and radio) Create visual tours of spec homes and also model home Hold open houses at model home RFQ 21-XXX Brokerage Services Page 3 of 9 Hold open house events Hold events at various venues such as career fairs and First Friday to market homes Utilize social networking sites such as Facebook to market homes and provide links to website Prepare and send news releases about events and homes SITUATION ANALYSIS – FIRMS UNDERSTANDING OF CHALLENGES AND OPPORTUNTIES: As the Firm approaches a sales strategy for the Laney-Walker/Bethlehem area, they will be faced with many unique situations. The sales strategy for the Laney-Walker/Bethlehem area must include both families and individuals who are below the Area Median Income and those that are above. The process to build mixed- income communities is challenging and will require experience in working with a wide range of prospective purchasers. The Firm should demonstrate successful experience in marketing and selling properties located in neighborhoods similar to the Laney-Walker/Bethlehem community and be familiar with the Fair Housing Laws and Regulations. EVALUATION CRITERIA: QUALIFICATION REQUIREMENTS: Your Firm will be evaluated on the basis of how well your Firm meets the criteria outlined below including general and specific selection criteria. Please submit your qualifications in a concise written tabulated format indexed and organized in order by the following sections. You may include associated material in attachments that are referenced in each section in order to keep the written sections more clear and concise. Each submittal must include the following sections: 1. Firm Experience – 20 Points This section should clearly validate the capability of the firm to perform the work based on Minimum Firm Requirements stated in this RFQ, including experience working in communities similar to the Laney Walker/Bethlehem neighborhood. The first part of this section should include an overview of the Brokerage Firm and validate its ability to operate a brokerage firm in Georgia. This section should include the size of the firm, financial data to support its position the Real Estate Market, the date the firm was established, number of employees, and a brief definition of services offered by the firm and how these services and products support their clients. The remainder of this section should address how the Firm meets the Minimum Firm Requirements. This section should be no longer than three pages. 2. New Homes Case Study – 20 Points Identify one of the Firm’s active New Home properties which the Firm is actively selling, or have actively sold within the past 3 years, that represents an effort similar to the services that the firm would provide for the Laney-Walker/Bethlehem Project, in particular the Twiggs Circle project. Please include in this case study, contact information for a reference, the price of the homes, the number of homes sold (distinguish between the number of homes listed, the number sold by the firm, and how many were spec and pre-sales). Include sample of pricing, brochures and any related marketing materials. It is recommended that the Case Study include a subdivision(s) where units are priced from $80,000 to $200,000. Collateral information may be included as an attachment. This section should describe how the Firm marketed the property and the results. The Firm can address how they implemented any of the topics on this project that are stated in the Scope of Services. This section should be no more than three pages in length. 3. Strategic Approach to Laney Walker Bethlehem – 20 Points: Describe a Marketing/Sales approach for Laney Walker-Bethlehem that illustrates, what activities the Firm would employ to develop an effective sales campaign (include creative work with brief descriptions, if any). The top qualifiers from the RFQ will present this strategy during a one-hour presentation to the RFQ Review team. This section should be no more than five pages and can include potential marketing collateral in an attachment. 4. Short Bio’s of Additional Staff – 10 Points This section should include a description of additional staff that is relevant to this project, such as Homes Division (if applicable) staff, Relocation Staff, Brokers, Administration and Marketing Personnel. RFQ 21-XXX Brokerage Services Page 4 of 9 The city recognizes that it takes a team to operate a brokerage firm and that they all play an important role in listing and selling a home. This section should reference any other staff members that will make this effort successful. This section may include an organizational chart and include necessary biographies in an attachment. 5. Understanding of Situation – 20 points In order to select a Firm, the review team must be confident that the selected Brokerage Firm understands the challenges of selling to different types of buyers and HCD as seller in an Urban Area. In this section, explain how the Firm understands the challenges of selling in the Augusta Urban area and how they will balance the challenges with the opportunities of selling a new and innovative product in this market. In this section, address how your Firms experience will support the selling of homes to two distinctly different markets: those below the median area income and those above. A chart has been included to illustrate these income levels. Please include references to similar projects your Firm has worked on. This section should reinforce the Firm’s ability to sell a variety of real estate products to different target markets. Most importantly, it is the Firm’s opportunity to discuss how they will partner with the City to support the revitalization of downtown Augusta. This section should contain no more than two pages. 6. Proximity to Augusta – 10 points SCORING: In general, HCD will be seeking a firm that can provide the following: 1. Highly qualified team members able to commit the adequate amount of time to the project. 2. Demonstrated examples of successful campaigns coupled with a demonstrated knowledge and experience in developing branded integrated marketing communications strategies. 3. Demonstrated examples of effective creative and communication plans The more specific the firm can be in describing the above listed responsibilities the higher the response will be scored. A Selection Committee will review all responses in accordance with the Evaluation Criteria outlined here-in and make a final selection. All submissions must conform to this RFQ. The Selection Committee reserves the right to require interviews of the Respondents if it is determined to be in the best interest of HCD. The submission will be evaluated based on organization, completeness, and sufficiency of information requested throughout the submission. The factors for award directly correspond to the RFQ requirements and they are listed below as prioritized by point value: Factors for Award Points 1. Firm Experience 20 2. New Homes Case Study 20 3. Strategic Approach to LWB Nodes 20 4. Short Bio’s of Additional Staff 10 5. Understanding of Situation 20 6. Proximity to Augusta – 10 Within Augusta Richmond County 10 points Within the CSRA 6 points Within Georgia 4 points Within SE United States (includes AL, TN, NC, SC, FL) 2 points All Others 1 point ---------------------------------------------------------------------------------------- Maximum Possible Score 100 RFQ 21-XXX Brokerage Services Page 5 of 9 Exhibit A: Properties Available for Development No. ADDRESS STREET NAME Map & Parcel # Size/ Acreage 1 1 ASH ST 059-4-147-01-0 0.07 2 3 ASH ST 059-4-147-00-0 0.07 3 22 ASH ST 059-4-083-00-0 0.14 4 29 ASH ST 059-4-036-00-0 0.11 5 907 BARNES ST 046-4-116-00-0 0.04 6 918 BOYD LN 059-2-763-00-0 0.07 7 922 BOYD LN 059-2-762-00-0 0.07 8 924 BOYD LN 059-2-761-00-0 0.15 9 930 BOYD LN 059-2-760-00-0 0.07 10 932 BOYD LN 059-2-759-00-0 0.07 11 936 BOYD LN 059-2-758-00-0 0.07 12 938 BOYD LN 059-2-757-00-0 0.07 13 945 BOYD LN 059-2-710-00-0 0.03 14 1428 BROWN ST 046-3-227-00-0 0.11 15 1438 BROWN ST 046-3-172-00-0 0.15 16 1464 BROWN ST 045-4-180-00-0 0.14 17 1465 BROWN ST 046-3-166-00-0 0.15 18 1467 BROWN ST 045-4-171-00-0 0.15 19 1469 BROWN ST 045-4-170-00-0 0.49 20 946 CEDAR ST 059-2-285-00-0 0.13 21 1101 CEDAR ST 059-2-179-03-0 0.1 22 1103 CEDAR ST 059-2-174-01-0 0.11 23 1109 CEDAR ST 059-2-182-00-0 0.08 24 1110 CEDAR ST 059-2-187-00-0 0.09 25 1111 CEDAR ST 059-2-183-00-0 0.08 26 1113 CEDAR ST 059-2-184-00-0 0.05 27 1115 CEDAR ST 059-2-185-00-0 0.05 28 1117 CEDAR ST 059-1-074-00-0 0.04 29 1102 COLUMBUS LN 059-1-544-00-0 0.2 30 1359 CONKLIN AVE 059-1-229-00-0 0.45 31 1403 CONKLIN AVE 059-1-248-00-0 0.14 32 1110 DAVIDSON LN 059-2-681-00-0 0.08 33 1123 DAVIDSON LN 059-1-555-00-0 0.08 34 907 DUGAS ST 046-4-354-00-0 0.05 35 1108 DUGAS ST 046-4-406-00-0 0.11 36 1576 1/2 DUNNS LN 058-2-248-00-0 0.12 37 1578 DUNNS LN 058-2-249-00-0 0.12 38 1594 DUNNS LN 058-2-257-00-0 0.27 39 1244/1246 ELEVENTH ST 059-2-038-00-0 0.23 40 1249 ELEVENTH ST 059-2-024-00-0 0.07 RFQ 21-XXX Brokerage Services Page 6 of 9 41 1252.5 ELEVENTH ST 059-2-041-00-0 0.01 42 1305 ELEVENTH ST 059-2-176-00-0 0.13 43 1312 ELEVENTH ST 059-2-203-00-0 0.14 44 1315 ELEVENTH ST 059-2-178-01-0 0.08 45 1327 ELEVENTH ST 059-2-193-00-0 0.11 46 1341 ELEVENTH ST 059-2-196-00-0 0.22 47 1352 ELEVENTH ST 059-2-534-00-0 0.05 48 1354 ELEVENTH ST 059-2-533-01-0 0.05 49 1356 ELEVENTH ST 059-2-533-00-0 0.05 50 1144 FLORENCE ST 059-1-068-00-0 0.08 51 1432 FOREST ST 059-1-421-00-0 0.11 52 1639 FOREST ST 059-3-132-00-0 0.04 53 901 GORDON ST 059-4-022-02-0 0.24 54 915 GORDON ST 059-4-022-00-0 0.23 55 918 GORDON ST 059-4-004-00-0 0.06 56 44 GREGG ST 059-3-479-00-0 0.07 57 1228 HOLLEY ST 046-3-193-00-0 0.12 58 1228.5 HOLLEY ST 046-3-194-00-0 0.04 59 1230 HOLLEY ST 046-3-195-00-0 0.17 60 1236 HOLLEY ST 046-3-196-00-0 0.17 61 960 HOPKINS ST 046-4-656-00-0 0.09 62 819 JAMES BROWN BLVD 046-4-118-00-0 0.12 63 1212 JAMES BROWN BLVD 059-2-356-00-0 0.11 64 1216 JAMES BROWN BLVD 059-2-355-00-0 0.08 65 1220 JAMES BROWN BLVD 059-2-354-00-0 0.03 66 1317 JAMES BROWN BLVD 059-2-266-00-0 0.09 67 1321 JAMES BROWN BLVD 059-2-267-00-0 0.09 68 1331 JAMES BROWN BLVD 059-2-302-00-0 0.07 69 848 LANEY WALKER BLVD 059-2-321-00-0 0.12 70 850 LANEY WALKER BLVD 059-2-320-00-0 0.15 71 865 LANEY WALKER BLVD 059-2-104-00-0 0.07 72 1016 LANEY WALKER BLVD 046-4-766-00-0 0.08 73 1426 LEE BEARD WAY 058-2-033-00-0 0.09 74 1518 MAPLE ST 059-4-137-00-0 0.05 75 1522 MAPLE ST 059-4-138-00-0 0.09 76 400 McQUEEN CT 059-4-218-00-0 0.12 77 405 McQUEEN CT 059-4-227-00-0 0.05 78 406 McQUEEN CT 059-4-219-00-0 0.09 79 410 McQUEEN CT 059-4-220-00-0 0.09 80 413 McQUEEN CT 059-4-225-00-0 0.12 81 414 McQUEEN CT 059-4-221-00-0 0.10 82 418 McQUEEN CT 059-4-222-00-0 0.10 83 419 McQUEEN CT 059-4-224-00-0 0.13 84 422 McQUEEN CT 059-4-223-00-0 0.12 85 426 McQUEEN CT 059-4-226-00-0 0.13 86 18 NICHOLAS ST 059-4-042-00-0 0.08 87 20 NICHOLAS ST 059-4-043-00-0 0.08 88 22 NICHOLAS ST 059-4-044-00-0 0.08 RFQ 21-XXX Brokerage Services Page 7 of 9 89 24 NICHOLAS ST 059-2-813-00-0 0.09 90 26 NICHOLAS ST 059-2-885-00-0 0.23 91 699 OLLIE RD 083-1-064-00-0 92 908 PARKS AVE 059-2-797-00-0 0.12 93 912 PARKS AVE 059-2-796-00-0 0.07 94 914 PARKS AVE 059-2-795-00-0 0.07 95 915 PARKS AVE 059-2-772-00-0 0.07 96 918 PARKS AVE 059-2-794-00-0 0.07 97 922 PARKS AVE 059-2-792-00-0 0.07 98 906 PERRY AVE 059-2-549-00-0 0.14 99 1109 PERRY AVE 059-1-082-00-0 0.16 100 1212 PERRY AVE 059-1-147-00-0 0.14 101 1213 PERRY AVE 059-1-049-00-0 0.14 102 1214 PERRY AVE 059-1-148-00-0 0.14 103 1215 PERRY AVE 059-1-048-00-0 0.14 104 1216 PERRY AVE 059-1-149-00-0 0.14 105 1218 PERRY AVE 059-1-150-00-0 0.14 106 1219 PERRY AVE 059-1-047-00-0 0.14 107 1222 PERRY AVE 059-1-152-00-0 0.14 108 1225 PERRY AVE 059-1-046-00-0 0.14 109 1423 PICQUET AVE 059-2-679-00-0 0.04 110 1423.5 PICQUET AVE 059-2-678-00-0 0.08 111 1425 PICQUET AVE 059-2-680-00-0 0.04 112 1433 PICQUET AVE 059-2-686-00-0 0.05 113 1437 PICQUET AVE 059-2-687-00-0 0.04 114 1512 PICQUET AVE 059-2-802-00-0 0.1 115 1514 PICQUET AVE 059-2-803-00-0 0.09 116 1516 PICQUET AVE 059-2-804-00-0 0.09 117 1518 PICQUET AVE 059-4-001-00-0 0.09 118 1520 PICQUET AVE 059-4-002-00-0 0.09 119 1530 PICQUET AVE 059-4-005-00-0 0.14 120 1563 PICQUET AVE 059-3-363-00-0 0.09 121 1227 PINE ST 059-2-018-00-0 0.1 122 901 ROBIN LANE 059-4-027-00-0 0.12 123 902 ROBIN LANE 059-4-026-00-0 0.2 124 903 ROBIN LANE 059-4-029-00-0 0.11 125 907 ROBIN LANE 059-2-799-00-0 0.11 126 909 ROBIN LANE 059-2-800-00-0 0.08 127 911 ROBIN LANE 059-2-801-00-0 0.1 128 811 SEVENTH ST 047-3-258-00-0 0.09 129 815 SEVENTH ST 047-3-257-00-0 0.13 130 821 SEVENTH ST 047-3-256-00-0 0.17 131 831 SPRUCE ST 059-2-349-00-0 0.13 132 839 SPRUCE ST 059-2-351-00-0 0.13 133 841 SPRUCE ST 059-2-352-00-0 0.21 134 847 SPRUCE ST 059-2-353-00-0 0.04 135 948 SPRUCE ST 059-2-229-00-0 0.24 136 1006 TENTH ST 046-4-321-00-0 0.11 RFQ 21-XXX Brokerage Services Page 8 of 9 137 1222 TENTH ST 059-2-227-00-0 0.11 138 1231 TENTH ST 059-2-055-00-0 0.04 139 1237 TENTH ST 059-2-052-00-0 0.04 140 1370 TENTH ST 059-2-575-00-0 0.07 141 1382 TENTH ST 059-2-572-00-0 0.09 142 1320 THIRTEENTH ST 059-1-126-00-0 0.22 143 913 TWELFTH ST 046-4-027-00-0 0.08 144 1224 TWELFTH ST 046-4-739-00-0 0.2 145 1228 TWELFTH ST 046-4-740-00-0 0.22 146 1241 TWELFTH ST 059-1-014-00-0 0.09 147 1243 TWELFTH ST 059-1-013-00-0 0.11 148 1245 TWELFTH ST 059-1-012-00-0 0.23 149 1249 TWELFTH ST 059-1-011-00-0 0.12 150 1251 TWELFTH ST 059-1-010-00-0 0.12 151 1257 TWELFTH ST 059-1-009-00-0 0.23 152 1307 TWELFTH ST 059-1-057-00-0 0.16 153 1342 TWELFTH ST 059-1-154-00-0 0.06 154 1344 TWELFTH ST 059-1-155-00-0 0.14 155 1350 TWELFTH ST 059-1-159-00-0 0.13 156 1410 TWIGGS ST 059-2-816-00-0 0.91 157 *1420 TWIGGS ST 059-2-812-00-0 0.14 158 1439 TWIGGS ST 059-2-768-00-0 0.22 159 1505 TWIGGS ST 059-4-030-00-0 0.08 160 1508 TWIGGS ST 059-4-087-00-0 0.12 161 1511 TWIGGS ST 059-4-028-00-0 0.15 162 1512 TWIGGS ST 059-4-089-00-0 0.14 163 1518 TWIGGS ST 059-4-090-00-0 0.27 164 1519 TWIGGS ST 059-4-025-00-0 0.3 165 1523 TWIGGS ST 059-4-024-00-0 0.13 166 1527 TWIGGS ST 059-4-023-00-0 0.08 167 1528 TWIGGS ST 059-4-093-00-0 0.2 168 1533 TWIGGS ST 059-4-021-00-0 0.29 169 1534 TWIGGS ST 059-4-095-00-0 0.07 170 1536 TWIGGS ST 059-4-096-00-0 0.07 171 1546 TWIGGS ST 059-4-069-00-0 0.13 172 1556 TWIGGS ST 059-4-065-00-0 0.14 173 944 WRIGHTSBORO RD 059-2-696-00-0 0.19 174 1104 WRIGHTSBORO RD 059-2-670-00-0 0.15 175 1334 WRIGHTSBORO RD 059-1-291-00-0 0.27 176 1340 WRIGHTSBORO RD 059-1-293-00-0 0.17 177 1355 WRIGHTSBORO RD 059-1-093-00-0 0.14 178 1366 WRIGHTSBORO RD 059-1-246-00-0 0.09 179 1374 WRIGHTSBORO RD 059-1-250-00-0 0.12 180 1412 WRIGHTSBORO RD 059-1-184-00-0 0.13 181 1415 WRIGHTSBORO RD 046-3-217-00-0 0.15 182 1491 WRIGHTSBORO RD 045-4-198-00-0 0.14 183 1495 WRIGHTSBORO RD 045-4-200-00-0 0.04 184 1497 WRIGHTSBORO RD 045-4-201-00-0 0.03 RFQ 21-XXX Brokerage Services Page 9 of 9 185 1499 WRIGHTSBORO RD 045-4-201-01-0 0.04 Commission Meeting Agenda 3/2/2021 2:00 PM HCD_Laney Walker/Bethlehem Brokerage Service Firm Request Department:Housing and Community Development Department Department:Housing and Community Development Department Caption:Motion to approve Housing and Community Development Department’s (HCD's) request to procure two (2) Georgia Real Estate Brokerage Firms for the Laney Walker/ Bethlehem Project with an Agreement for a period of one (1) year. (Approved by Administrative Service Committee-February 23, 2021) Background:The City of Augusta and the Augusta Housing and Community Development (HCD) is leading an initiative called the Laney- Walker/Bethlehem Neighborhood Revitalization Project. As a part of this project, many new homes are being built in the downtown area providing a new and innovative living experience for people of all socioeconomic statuses. These homes will provide housing for mixed income families/individuals and will include both single and multi- family homes. Some of the areas will include new retail space/job creation to encourage economic development as part of this focus area (historic Laney-Walker/Bethlehem area). This request involves the approval of Housing and Community Development (HCD) to solicit and procure, through the Augusta, GA Procurement Department, two (2) Georgia Real Estate Brokerage Firms to sell homes that are built or renovated through the Laney Walker/Bethlehem Neighborhood Revitalization Project. Analysis:The approval of Housing and Community Development Department (HCD) to solicit and procure two (2) Georgia Real Estate Brokerage Firms will increase marketability, awareness, and sales for affordable and workforce single- family homes in the Laney-Walker Bethlehem area. Financial Impact:HCD’s Georgia Real Estate Brokerage Firms RFQ will be funded by Laney Walker/ Bethlehem Project Funds Alternatives:Do not approve HCD's Request. Recommendation:Motion to approve Housing and Community Development Department’s (HCD's) request to procure two (2) Georgia Real Estate Brokerage Firms for the Laney Walker/ Bethlehem Project with an Agreement for a period of one (1) year. Funds are Available in the Following Accounts: 298-07-7343-5212999 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission FY20 SEEDS FOR LIFE GRANT PROGRAM FUNDING Agreement COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Page 1 AGREEMENT Between AUGUSTA, GEORGIA Through HOUSING AND COMMUNITY DEVELOPMENT And AWARDEE For FISCAL YEAR 2020 SEEDS FOR LIFE PROGRAM- COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FROM UNITED STATE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT This Agreement is made and entered into this __ day of_____2021, by and between Augusta, Georgia, by and through the Augusta-Richmond County Commission, as the Implementer of the Community Development Block Grant Program (hereinafter referred to as “Grantee”), and AWARDEE (hereinafter referred to as the “Sub-recipient”). WHEREAS, the Grantee has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93-383; and WHEREAS, the Grantee wishes to engage the Sub-recipient to assist the Grantee in utilizing such funds; NOW, THEREFORE, it is agreed between the parties hereto as follows: ARTICLE I. DEFINITIONS AND IDENTIFICATIONS Unless the context otherwise requires, the capitalized terms used herein and not otherwise defined shall have the meaning assigned to them in this Article I. Community Development Block Grant (CDBG) Program or “Program” The term “Community Development Block Grant (CDBG) Program”, or “Program” shall mean that program administered by the Housing and Community Development Department of the City and funded by a Community Development Block Grant applied for by the City and awarded by HUD as authorized pursuant to Title I of the Housing and Community Development Act of 1974, Public Law 93-383, as amended. Department The term “Department” shall mean the Housing and Community Development Department of the City. Grantee The term “City” shall mean Augusta, Georgia. HUD The term “HUD” shall mean the U. S. Department of Housing and Urban Development. FY20 SEEDS FOR LIFE GRANT PROGRAM FUNDING Agreement COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Page 2 Project The term “Project” shall mean the project of projects set forth in Article III hereto entitled “Scope of Services and Timetable.” Low and Moderate Income Household The term “Low and Moderate Income Household” shall mean a household having an income equal to or less that the Section 8 low income limit established by HUD. Low and Moderate Income Person The term “Low and Moderate Income Person” shall mean a member of a family having an income equal to or less than the Section 8 low income limit established by HUD (80% of Area Median Income). Unrelated individuals will be considered as one-person families for this purpose. Household Household means all the persons who occupy a housing unit. The occupants may be a single family, one person living alone, two or more families living together, or any other related or unrelated person who share living arrangements. ARTICLE II: PREAMBLE In order to establish the background, context and frame of reference for this Agreement and to manifest the objectives and the intentions of the respective parties herein, the following statements, representations and explanations are set forth. Such statements, representations and explanations shall be accepted as predicates for the undertakings and commitments included within the provisions, which follow, and may be relied upon by the parties’ essential elements of the mutual considerations upon which this Agreement is based. A. Title I of the Housing and Community Development Act of 1974, P. L. 93-383 (hereinafter the “Act”) consolidated several existing programs for community development into a single program of Community Development Block Grants (hereinafter “CDBG”) for the purpose of allowing local discretion for the determination of needs and priorities of community development. The citizens of Augusta through citizen participation workshops, the Mayor and Commission determined the needs and priorities of community development in the City. B. Pursuant to HUD regulations at 24 CFR 570.200 (a), certain projects were included in City’s CDBG submission to HUD, referred to as the Annual Plan. The city determined that the projects included in the Annual Plan each addressed one or more of the following three national objectives: 1. Activities benefiting low and moderate income persons; 2. Activities which aid in the prevention or elimination of slum and/or blight; and/or, 3. Activities designed to meet community development needs having a particular urgency. FY20 SEEDS FOR LIFE GRANT PROGRAM FUNDING Agreement COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Page 3 The City has determined that the Project is a CDBG eligible activity as it addresses one or more of these objectives. C. Under the Rules and Regulations of HUD, the City is administrator for the Program, and is mandated to comply with various states, rules and regulations of the United States, as they pertain to the allocation and expenditure of funds as well as protecting the interest of certain classes of individuals who reside in the City of Augusta. D. The Grantee is desirous of disbursing the funds to the Sub-recipient for use in the Project. However, as administrator for the Program, the Grantee desires to obtain the assurance from the Sub-recipient that it will comply with all applicable statutes, rules and regulations of the United States, the State of Georgia, and/or the City relating to the Project and the Program, as a condition precedent to the release of such funds to the Sub-recipient. ARTICLE III: PROJECT The Grantee agrees to make available, through one lump sum draw down, to the Sub-recipient an amount not to exceed Ten Thousand Dollars and 0/100 ($10,000.00) (hereinafter the “Grant”) to implement the following activities(s) through the following scope of services: AWARDEE This grant funding will directly assist AWARDEE with the TEN THOUSAND DOLLARS AND 00/100 ($10,000.00). AWARDEE is a new company that targets the Central Savannah River Area. The owner, NAME, wishes to provide passionate family support services to families and individuals in need. AWARDEE has a Master’s in Public Administration and a Bachelor’s in Science for Criminal Justice Administration. AWARDEE possesses progressive family planning, leadership, trauma informed and evidence-based practices, and management experience to assist families. In addition to the scope of services, AWARDEE will create one (1) FTE permanent job or two (2) PT jobs in order to comply with the necessary national objective of job creation (24 CFR §570.208(a)(4)). AWARDEE agrees to be monitored on site annually and provide quarterly financial and employment reports that will assist the grantee in ensuring that the created jobs are held by low to moderate-income employees. In addition, the sub-recipient will provide the attached report monthly to ensure compliance. A. Budget Line Item Amount Provision of Assistance $10,000.00 This funding shall carry a one (1) year review period, beginning upon the execution of this contract by all parties. Based on the 1-year review period, this grant will be reviewed effective March 15, 2021, or the latest signature date on the agreement. FY20 SEEDS FOR LIFE GRANT PROGRAM FUNDING Agreement COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Page 4 Sub recipient agrees to provide reporting information and supporting documentation to show the Creation or Retention of 1 Full-Time Equivalent (FTE) position for an employee that meet’s HUD’s definition of low to moderate income, based on household size. This reporting requirement shall be in effect in two stages, as follows: 1. Within 30 days of receiving fully executed Agreement from Grantee; and 2. Upon the 1-Year anniversary of the receipt of funding assistance. Failure to provide reporting information and supporting documentation as requested by the Grantee shall result in the sub recipient being in violation of the terms of this agreement. Grantee reserves the right to forward the sub recipient’s Agreement to the Augusta, Georgia Legal Department. Any amendments to these terms must be in writing and approved by the Grantee’s Director of Housing and Community Development and the Augusta, Georgia Commission. ARTICLE IV: NOTICES Sub-recipient and the Grantee agree that all notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. Communication and details concerning this Agreement shall be directed to the following Agreement representatives: If to City of Augusta: City of Augusta, Georgia Attention: Hardie Davis, Jr., Mayor 535 Telfair Street Augusta, GA 30901 With copy to: City of Augusta, Georgia Attention: Hawthorne E. Welcher, Jr., Director Housing and Community Development 510 Fenwick Street Augusta, GA 30901 If to Sub Recipients: Name AWARDEE Address Augusta, GA. FY20 SEEDS FOR LIFE GRANT PROGRAM FUNDING Agreement COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Page 5 ARTICLE V: GENERAL CONDITIONS A. General Compliance The Sub-recipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 [the U. S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)] including subpart K of these regulations, except that (1) the Sub-recipient does not assume the Grantee’s environmental responsibilities and (2) the Sub-recipient does not assume the Grantee’s responsibility for initiating the review process. The Sub-recipient also agrees to comply with all other applicable Federal state and local laws, regulations, and policies governing the funds provided under this Agreement. The Sub-recipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. B. Independent Contractor Nothing in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Sub-recipient shall at all times remain an “Independent Contractor” with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers’ Compensation Insurance, as the Sub-recipient is an Independent Contractor. C. Hold Harmless The Sub-recipient shall hold harmless, defend and indemnify the Grantee from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Sub-recipient’s performance or nonperformance of the services or subject matter called for in this Agreement. D. Workers’ Compensation The Sub-recipient shall provide Workers’ Compensation Insurance coverage for all of its employees involved in the performance of this Agreement, if applicable. E. Insurance and Bonding The Sub-recipient shall carry sufficient insurance coverage to protect Contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash reimbursements/advances from the Grantee. F. Grantee’s Recognition FY20 SEEDS FOR LIFE GRANT PROGRAM FUNDING Agreement COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Page 6 The Sub-recipient shall insure recognition of the role of the Grantee in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement (i.e. equipment, supplies, printed materials, website development, etc.) shall be prominently labeled as to the funding source (City of Augusta / HUD-CDBG Funds). In addition, the Sub-recipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. G. Amendments 1. The Grantee or Sub-recipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee’s governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or Sub-recipient from its obligations under this Agreement. 2. It is further understood that the Grantee is responsible to HUD for the administration of funds and may consider and act upon reprogramming recommendations as proposed by its Sub- recipient. In the event that the Grantee approves any modification, amendment, or alteration to the funding allocation, the Sub-recipient shall be notified pursuant to Article V and such notification shall constitute an official amendment to this Agreement. 3. It is further agreed that the Sub-recipient will submit to the Grantee within thirty (30) days of the execution of this agreement a complete financial accounting of all its eligible expenses to be paid under this agreement. 4. The Department’s Director shall be authorized to approve line item changes to the Sub- recipient’s budget as long as such changes do not increase in the grant amount set forth in the “Budget,” and remain classified to expenses eligible under the CDBG Program. 5. The Grantee may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both the Grantee and Sub-recipient. 6. It is further understood that the Sub-recipient shall be allowed only one amendment to this agreement. No amendment will be granted to extend the agreement beyond the established end of grant period. H. Suspension or Termination 1. In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the Sub-recipient materially fails to comply with any terms of this Agreement, which include, but are not limited to the following: FY20 SEEDS FOR LIFE GRANT PROGRAM FUNDING Agreement COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Page 7 a) Failure to comply with any of the rules, regulations or provisions referred to herein, or such statues, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; b) Failure, for any reason, of the Sub-recipient to fulfill in a timely and proper manner its obligations under this Agreement; c) Ineffective or improper use of funds provided under this Agreement; or d) Submission by the Sub-recipient to the Grantee reports that are incorrect or incomplete in any material respect. e) In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the Grantee or the Sub-recipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. ARTICLE VI: ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards The Sub-recipient agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The Sub-recipient shall administer its program in conformance with OMB Super Circulars 2 CFR 200, specifically A-122, “Cost Principles for Non-Profit Organizations,” or A-21, “Cost Principles for Educational Institutions,” if applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. a) Sub-recipient gives the Grantee, HUD, and the Comptroller General, through any authorized representatives, access to and the right to examine all records, books, papers, or documents relating to the Project. b) Sub-recipient agrees to maintain books, records, and documents in accordance with general accepted accounting procedures and practices that sufficiently and properly reflects all expenditures of Grant funds provided by the Grantee under this Agreement. c) All Grant funds disbursed through a Community Development Block Grant shall be used only for eligible activities specifically outlined in this Agreement. The Sub- recipient shall comply with any conditions and timetables set forth in this Agreement. FY20 SEEDS FOR LIFE GRANT PROGRAM FUNDING Agreement COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Page 8 In the event the Sub-recipient does not comply with the conditions and timetables, or if the Sub-recipient ceases to exist or provide the services for which the Grant was made, the Sub-recipient will not carry out another CDBG eligible project, the Sub- recipient shall be in default. In the event of default, the Grantee may exercise any rights or remedies provided in this Agreement. B. Documentation and Recordkeeping 1. Records to be Maintained The Sub-recipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506, which are pertinent to the activities to be funded under this Agreement. As applicable to the project, such records shall include, but not be limited to: a) Records providing a full description of each activity undertaken; b) Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program: c) Records required to determine the eligibility of activities; d) Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e) Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; f) Financial records as required by 24 CFR 570.502 and 24 CFR 84.21-28; and other records necessary to document compliance with Subpart K of 24 CFR Part 570. 2. Retention The Sub-recipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of five (5) years. The retention period begins on the date of the submission of the Grantee’s annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited that have started before the expiration of the five-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five-year period, whichever occurs later. 3. Employment Data The Sub-recipient shall maintain employment data demonstrating employee eligibility for services provided in creating or retaining employment opportunities for low and moderate- income citizens of Augusta, Georgia. Such data shall include, but not be limited to, employee name, address, income level or other basis for determining eligibility, and description of period of employment. Such information shall be made available to Grantee monitors or their designees for review upon request during the term of this Agreement. FY20 SEEDS FOR LIFE GRANT PROGRAM FUNDING Agreement COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Page 9 4. Disclosure The Sub-recipient understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of the Grantee’s or Sub-recipient’s responsibilities with respect to services provided under this Agreement, is prohibited by unless written consent is obtained from such persons receiving service and, in the case of a minor, that of a responsible parent/guardian. 5. Close-outs The Sub-recipient’s obligation to the Grantee shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but are not limited to: making final payments and disposing of program assets. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Sub-recipient has control over CDBG funds, including program income. Any Grant funds remaining at the end of the Agreement period shall be returned to the Grantee, and the Grantee may in its discretion reprogram the funds to another CDBG eligible project. 6. Audits and Inspections All Sub-recipient records with respect to any matters covered by this Agreement shall be made available to the Grantee, HUD, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Sub-recipient within 30 days after receipt by the Sub-recipient. Failure of the Sub-recipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. The Sub-recipient hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning Sub- recipient audits and OMB Circular A-133, if applicable. If Sub-recipient does not expend $500,000 in Federal funds within the fiscal year, then a financial statement audit shall be submitted to Grantee. C. Reporting and Payment Procedures The Sub-recipient shall provide reports and financial statements on a quarterly basis as stipulated in Exhibit A of this document. The grant amount will be funded once all paperwork has been signed, fully executed, and recorded with the necessary entities. This includes but is not limited to this agreement, the Job Creation / Retention Report, and completion of the required Technical Assistance course completion certificate provided by the sub recipient. FY20 SEEDS FOR LIFE GRANT PROGRAM FUNDING Agreement COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Page 10 One lump sum draw down will be provided to the applicant to satisfy the loan. D. Use and Reversion of Assets The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, and 570.504, as applicable, which include but are not limited to the following: 1. The Sub-recipient shall transfer to the Grantee any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation or termination. 2. Real property under the Sub-recipient’s control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until five (5) years after expiration of this Agreement or such longer period of time as the Grantee deems appropriate. 3. If the Sub-recipient fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, the Sub-recipient shall pay the Grantee an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of or improvement to the property. Such payment shall constitute program income to the Grantee. The Sub-recipient may retain real property acquired or improved under this Agreement after the expiration of the five-year period or such longer period of time as the Grantee deems appropriate. 4. In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment). Equipment not needed by the Sub-recipient for activities under this Agreement shall be: a) Transferred to the Grantee for the CDBG program, or b) Retained after compensating the Grantee for an amount equal to the current fair market. FY20 SEEDS FOR LIFE GRANT PROGRAM FUNDING Agreement COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Page 11 ARTICLE VII: PERSONNEL & PARTICIPANT CONDITIONS A. Civil Rights 1. Compliance a) The Sub-recipient agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VII of the Civil Rights Act of 19968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. b) In compliance with Executive Order 11246 and Section 3 of the 1968 Housing and Urban Development Act regarding Equal Employment Opportunity, the Sub-recipient agrees and understands that no person shall be discriminated against on the grounds of race, color, national origin, age, familial status, handicap or sex. Further assurance is also given that the Sub-recipient will immediately take any measures necessary to effectuate this policy. Notice of the policy will be placed in plain sight at the Project location, for the benefit of interested parties, and all subcontractors will be notified of the policy provisions. 2. Nondiscrimination The Sub-recipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the Housing and Community Development Act are still applicable. 3. Land Covenants This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P. L. 88-352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Sub- recipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Grantee and the United States are beneficiaries of and entitled to enforce such covenants. The Sub-recipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 4. Section 504 The Sub-recipient agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any Federally assisted FY20 SEEDS FOR LIFE GRANT PROGRAM FUNDING Agreement COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Page 12 program. The Grantee shall provide the Sub-recipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. B. President’s Executive Order 11246 1. Approved Plan The Sub-recipient agrees that it shall be committed to carry out pursuant to the Grantee’s specifications an Affirmative Action Program in keeping with the principles as provided in President’s Executive Order 11246 of September 24, 1966. The Grantee shall provide Affirmative Action guidelines to the Sub-recipient to assist in the formulation of such program. The Sub-recipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. 2. Access to Records The Sub-recipient shall furnish and cause each of its own Sub-recipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the Grantee, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 3. Notifications The Sub-recipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other agreement or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker’s representative of the Sub-recipient’s commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. Subcontract Provisions The Sub-recipient will include the provisions of Paragraphs VIII.A, Civil Rights, and B, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own Sub-recipients or subcontractors. C. Employment Restrictions 1. Prohibited Activity The Sub-recipient is prohibited from using funds provided herein or personnel employed in the administration of the program for political activities, inherently religious activities, and lobbying, political patronage and nepotism activities. 2. Labor Standards FY20 SEEDS FOR LIFE GRANT PROGRAM FUNDING Agreement COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Page 13 The Sub-recipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Sub-recipient agrees to comply with the Copeland Anti- Kick Back Act (18 U.S.C. 8864 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Sub-recipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Grantee for review upon request. The Sub-recipient agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all Contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this Agreement, shall comply with Federal requirements adopted by the Grantee pertaining to such contracts and with applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers, provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Sub-recipient of its obligation, if any, to require payment of the higher wage. The Sub-recipient shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. 3. “Section 3” Clause a) Compliance Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and binding upon the Grantee, the Sub-recipient and any of the Sub-recipient’s sub-recipients and subcontractors. Failure to fulfill these requirements shall subject the Grantee, the Sub-recipient and any of the Sub- recipient’s sub-recipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The Sub-recipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The Sub-recipient further agrees to comply with these “Section 3” requirements and to include the following language in all subcontracts executed under this Agreement. “The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and FY20 SEEDS FOR LIFE GRANT PROGRAM FUNDING Agreement COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Page 14 employment be given to low and very low income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low and very low income persons residing in the metropolitan area in which the project is located.” The Sub-recipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low and very low income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low and very low income persons within the service area of the project or the neighborhood in which the project is located, and to low and very low income participants in other HUD programs and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low and very low income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low and very low income residents within the service area or the neighborhood in which the project is located and to low and very low income participants in other HUD programs. The Sub-recipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. b) Notifications The Sub-recipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other agreement or understanding, if any, a notice advising said labor organization or worker’s representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. c) Subcontracts The Sub-recipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. The Sub-recipient will not subcontract with any entity where it has notice of knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. D. Conduct 1. Assignability FY20 SEEDS FOR LIFE GRANT PROGRAM FUNDING Agreement COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Page 15 The Sub-recipient shall not assign or transfer any interest in this Agreement without the prior written consent of the Grantee thereto; provided, however, that claims for money due or to become due to the Sub-recipient from the Grantee under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Grantee. E. Hatch Act The Sub-recipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. F. Conflict of Interest The Sub-recipient agrees to abide by the provisions of 24 CFR 84.42 and 570.611, which include (but are not limited to) the following: 1. The Sub-recipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of Agreements supported by Federal funds. 2. No employee, officer or agent of the Sub-recipient shall participate in the selection, or in the award, or administration of, an Agreement supported by Federal funds if a conflict of interest, real or apparent, would be involved. 3. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any Agreement, or have a financial interest in any contract, subcontract or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a “covered person” includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, the Sub-recipient, or any designated public agency. G. Lobbying The Sub-recipient hereby certifies that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the FY20 SEEDS FOR LIFE GRANT PROGRAM FUNDING Agreement COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Page 16 extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions; and 3. It will require that the language of paragraph (d) of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants and Agreements under grants, loans, and cooperative agreements) and that all Sub-recipients shall certify and disclose accordingly. 4. Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S.C. Any persons who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. H. Copyright If this Agreement results in any copyrightable material or inventions, the Grantee and/or grantor agency reserves the right to royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials, for governmental purposes only. I. Religious Activities The Sub-recipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200 (j), such as worship, religious instruction, or proselytization. ARTICLE IX: SEVERABILITY If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. FY20 SEEDS FOR LIFE GRANT PROGRAM FUNDING Agreement COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Page 17 ARTICLE X: SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. ARTICLE XI: WAIVER The Grantee’s failure to act with respect to a breach by the Sub-recipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the Grantee to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. {Signatures begin on the next page) ARTICLE XII: COUNTERPARTS This Agreement is executed in two (2) counterparts – each of which shall be deemed an original and together shall constitute one and the same Agreement with one counterpart being delivered to each party hereto. FY20 SEEDS FOR LIFE GRANT PROGRAM FUNDING Agreement COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Page 18 IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above. ATTEST: AUGUSTA, GEORGIA (Grantee) By: _____________________________ Date: __________________________ Hardie Davis, Jr. As Its Mayor By: ______________________________ Date: ___________________________ Hawthorne Welcher, Jr., Director Housing & Community Development Department Approved As To Form By: ______________________________ Date: __________________________ Augusta, GA Law Department S E A L _________________________________ Lena J. Bonner Clerk of Commission ATTEST: AWARDEE SUBRECIPIENT By: ___________________________________ Date: __________________________ AWARDEE SEAL FY20 SEEDS FOR LIFE GRANT PROGRAM FUNDING Agreement COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Page 19 EXHIBIT “A” SUB-RECIPIENT ACKNOWLEDGEMENT “Sub-recipient acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law, Sub-recipient is deemed to possess knowledge concerning Augusta, Georgia's ability to assume contractual obligations and the consequences of Sub-recipient's provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that the Sub-recipient may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Sub-recipient agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if the Sub-recipient provides goods or services to Augusta, Georgia in excess of the contractually authorized goods or services, as required by Augusta, Georgia's Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by Sub-recipient. Sub-recipient assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized, including, without limitation, all remedies at law or equity." This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue producing contracts EXHIBIT “B” E-VERIFY All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical performance of services shall be required to execute an Affidavit verifying its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta, Georgia has registered with and is participating in a federal work authorization program. All contractors and subcontractors must provide their E-Verify number and must be in compliance with the electronic verification of work authorized programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91 and shall continue to use the federal authorization program throughout the contract term. All contractors shall further agree that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to its contract with Augusta, Georgia the contractor will secure from such subcontractor(s) each subcontractor’s E-Verify number as evidence of verification of compliance with O.C.G.A. § 13-10-91 on the subcontractor affidavit provided in Rule 300-10-01-.08 or a substantially similar form. All contractors shall further agree to maintain records of such compliance and provide a copy of each such verification to Augusta, Georgia at the time the subcontractor(s) is retained to perform such physical services END OF AGREEMENT Commission Meeting Agenda 3/2/2021 2:00 PM HCD_Seeds for Life Program- Award Approval Request Department:HCD Department:HCD Caption:Motion to approve Housing and Community Development Department’s (HCD's) request to provide funding for (10) ten business owners via the Seeds for Life Program, to assist them in sustaining and growing their business. The following Seeds for Life recipients are listed below. Each recipient will receive a grant funding amount of $10,000.00: 1. Jaruwan Charintranont (Sweet Moments Café) 2. Frederick Gibbons (Soultry Sounds Auto Sales, LLC) 3. Carol Jackson (Carol’s Hair Care) 4. Sheila Johnson (Kenise’s Tax & Business Services, LLC) 5. Donjinia Moore (CM Moore In-Home Tutoring Services, LLC) 6. DeWayne Pearson (Ikonz Sportsbar & Grill) 7. Vivian Ross (Elephant in the Room Counseling Services, LLC) 8. LaTanya Thurmond (Mending Lives, LLC) 9. Pedro Vendrell (Vendrell and Sons, LLC) 10. Ernesia Wright (Georgia Soul/Georgia Pro-Basketball Soul) (Approved by Administrative Service Committee-February 23, 2021) Background:Housing and Community Development (HCD) has established, as part of HCD’s full Economic Development Program, a micro- grant program for small businesses, known as Seeds for life. The program is designed to stimulate economic growth and create or expand employment opportunities that will improve the economic conditions of residents in the local community. This program is funded through entitlement allocation dollars from the United States Department of Housing and Urban Development (HUD) under the Community Development Block Grant (CDBG). This round of Seeds for Life funding involves allocations to (10) ten business owners via the Seeds for Life Program to assist them in sustaining and growing their business, along with, affecting the community with more economic stability. Analysis:The approval of their agreements will allow the (10) ten business owners to be awarded Seeds for Life funding for the advancement of their business. Financial Impact:Augusta, GA receives annual HUD CDBG allocations which fund the activities specified above. Funding amount - $10,000.00 each, totaling $100,000.00 Alternatives:Do not approve HCDs Request. Recommendation:Motion to approve Housing and Community Development Department’s (HCD's) request to provide funding for (10) ten business owners in the Seeds for Life Program, to assist them in sustaining and growing their business. Seeds for Life funding assistance will have a continuing effect by impacting the economic health of our local residents through their ability to hire and/or retain employees, particularly those who are low and moderate income. Funds are Available in the Following Accounts: CDBG Funds: 221073211 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission February 23, 2021 In accordance with Procurement Code Section 1-10-60; I would like to request that RFP Item #20-187 Legislative Management Software (ELECTRONIC AGENDA) For Augusta, Georgia (Clerk’s Office) via – Information Technology Department be cancelled so that further review/re-evaluation can take place taking into consideration our implementation of the electronic/online recodification of the city code which is scheduled by the end of first trimester there about. The possible integration of these two functions could be in the best interest of Augusta, GA. I believe it would be a nice fit for the organization, especially with the current and upcoming integration with the Municode services we already use Sec. 1-10-60. Rejection or cancellation of solicitations; negotiating; re-advertisement. (a) Conditions for use. An invitation for bids/quotes, a request for proposals, or other solicitation may be canceled, or any or all bids may be rejected in whole or in part as may be specified in the solicitation, when it is for good cause and in the best interest of Augusta, Georgia. The reasons thereof shall be made part of the contract file. (c) Cancellation due to unavailability of funds in succeeding fiscal periods. All Multi-term contracts shall include provisions providing that when funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract shall be canceled with appropriate notice. Lena J. Bonner Clerk of Commission Commission Meeting Agenda 3/2/2021 2:00 PM RFP Item #20-187 Legislative Management Software (ELECTRONIC AGENDA Department:Office of the Clerk of Commission Department:Office of the Clerk of Commission Caption:Motion to approve RFP Item #20-187 Legislative Management Software (ELECTRONIC AGENDA) For Augusta, Georgia (Clerk of Commission’s Office) via – Information Technology Department be cancelled upon further review/ re- evaluation . (Approved by Administrative Services Committee February 23, 2021) Background:Efforts have continued towards upgrade improvements relative to our electronic agenda technology. In 2017 the Commission approved authorizing the Recodification of the Augusta, GA Code, Agreement for on-going Supplementation and Online Code Publication via the Augusta Law Department with the Municipal Code Corporation and in 2018 approved Phase III contract for the digitizing and indexing of historic building plans for the Planning & Development Department with MCCI (Municipal Code Corporation. Both of these projects were approved "Sole Source" vendors by the procurement department. Analysis:Taking into consideration our implementation of the electronic/online recodification of the city code which is scheduled by the end of first trimester there about. The possible integration of these two functions we believe would be in the best interest of Augusta, GA and a nice fit for the organization.Sec. 1-10-60. Rejection or cancellation of solicitations; negotiating; re-advertisement.(a)Conditions for use. An invitation for bids/quotes, a request for proposals, or other solicitation may be canceled, or any or all bids may be rejected in whole or in part as may be specified in the solicitation, when it is for good cause and in the best interest of Augusta, Georgia. The reasons thereof shall be made part of the contract file. (c) Cancellation due to unavailability of funds in succeeding fiscal periods. All Multi-term contracts shall include provisions providing that when funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract shall be canceled with appropriate notice. Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 3/2/2021 2:00 PM Blue Ribbon Committee Department: Department: Caption:Discuss if there is a need for a Blue Ribbon Committee and/or different avenue to study the Consolidation Bill (Charter). (No recommendation from Administrative Service Committee- February 23, 2021) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 3/2/2021 2:00 PM Update Homeless Task Force Department: Department: Caption:Update from the Commission's appointed Homeless Task Force. (Requested by Commissioner Jordan Johnson) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 3/2/2021 2:00 PM District Attorney’s Office_ Approval of Asset Forfeiture Account Request Department:District Attorney’s Office Department:District Attorney’s Office Caption:Motion to approve the District Attorney’s Office – Augusta Judicial Circuit request to create and maintain an Asset Forfeiture Account so pertinent line items can be ordered to support the daily functions of the DA’s office. (Approved by Public Safety Committee February 23, 2021) Background:According to the Uniform Civil Forfeiture Procedure Act (2015), certain funds “shall be paid to the district attorney's office, in recognition of the district attorney's effort in completing the civil forfeiture proceeding, and shall be used by a district attorney for official prosecutorial purposes. Forfeited property and the sums held by a district attorney shall be in addition to the respective budgets of the state and the counties comprising the judicial circuit for a district attorney and shall not supplant such appropriations.” Analysis:The approval of the creating of the Asset Forfeiture Account will allow the District Attorney’s office to maintain an account which will be used for paying administrative expenses, such as accounting, auditing, consulting or recordkeeping fees. Forfeited funds and property are being used to help protect and serve our communities and support law enforcement. The forfeiture funds are also being used to advance community-based policing to better serve neighborhoods. These funds have financed an array of additional services and equipment, including support for the sheriff’s office, investigators and victims’ assistance. A reporting form has been created by the Prosecuting Attorneys’ Council with input from the District Attorneys’ Association of Georgia. Its purpose is to comply with the annual reporting requirements regarding state forfeited assets. Financial Impact:These funds were under the County prior to DA Paine, but she had then transferred to her office to oversee in 2018. DA Paine returned these funds to the County from the DA Office when she left office in 2020. There are currently $84,850 in funds. Alternatives:Do not approve Asset Forfeiture agenda item request. Recommendation:Motion to approve the District Attorney’s Office – Augusta Judicial Circuit request to create and maintain an Asset Forfeiture Account so pertinent line items can be ordered to support the daily functions of the DA’s office. Funds are Available in the Following Accounts: This request carries no associated costs for the City of Augusta. Account 101-02-1311 is set up for these funds. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Invitation to Bid Sealed bids will be received at this office until Tuesday, September 29, 2020 @ 11:00 a.m. (Opening via ZOOM) furnishing for: (ID: 818 342 2642 and Password: 753080) Bid Item #20-245 Tenprint/Palmprint Scanning System for the Augusta, GA - Sheriff’s Office Bid Item #20-264 Webster Detention Center Camera System for Augusta, GA – Sheriff’s Office 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 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, September 11, 2020 @ 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 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 bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle August 20, 27, September 3, 10, 2020 Metro Courier August 20, 2020 OFFICIAL Bid Item #20-245 Tenprint/Palmprint Scanning System for the Augusta, GA Sheriff’s Office Bid Date: Monday, September 28, 2020 @ 3:00 p.m. via ZOOM VENDORS Idemia Identity & Security USA LLC 5515 E La Palma Ave., Suite 100 Anaheim, CA 92656 Attachement B Yes E-Verify Number 710369 Save Form Yes Tenprint/Palmprint Scanning System $43,514.00 System Upgade to Tenprint Scanning System $2,934.00 Total $46,448.00 Total Number Specifications Mailed Out: 14 Total Number Specifications Download (Demandstar): 0 Total Electronic Notifications (Demandstar): 50 Georgia Procurement Registry: 251 Total packages submitted: 1 Total Noncompliant: 0 Page 1 of 1 M2SYS 1050 CROWN POINTE PKWY. SUITE 850 ATLANTA, GA 30338 HORIBA SCIENTIFIC 20 KNIGHTSBRIDGE RD PISCATAWAY, NJ 08854 MORPHOTRUST 5705 WEST OLD SHAKOPEE RD., SUITE 100 BLOOMINGTON, MN 55437-3107 DATAWORKS PLUS 728 NORTH PLEASANTBURG DR GREENVILLE, SC 29607 EAGLE ADVANTAGE SOLUTIONS 133 PARKWOOD CIRCLE CARROLLTON, GA 30117 IDENTIFICATION INTERNATIONAL 3120 COMMERCE ST BLACKSBURG, VA 24060 SYNERGISTICS SOFTWARE 251 VILLA ROSA RD TEMPLE, GA 30179 MOSA TECHNOLOGY SOLUTIONS 3801 PGA BLVD., SUITE 600 PALM BEACH GARDENS, FL 33410 FULCRUM BIOMETRICS/SIRCHIE LIVESCAN 100 HUNTER PLACE YOUNGSVILLE, NC 27596 CROSSMATCH TECHNOLOGIES 3950 RCA BLVD PALM BEACH GARDENS, FL 33410 NEC 300 TRI STATE INTERNATIONAL SUITE 150 LINCOLNSHIRE, IL 60069 BIOMETRICS4ALL, INC. 220 COMMERCE, SUITE 150 IRVINE, CA 92602 RICHARD ROUNDTREE SHERIFF’S OFFICE JACK FRANCISCO SHERIFF’S OFFICE TREZA EDWARDS COMPLIANCE BID ITEM #20-245 TENPRINT/PALMPRINT SCANNING SYSTEM FOR AUGUSTA, GA SHERIFF OFFICE MAILED AUGUST 20, 2020 BID ITEM #20-245 TENPRINT/PALMPRINT SCANNING SYSTEM FOR AUGUSTA, GA SHERIFF OFFICE BID DUE: TUE. 9/29/20 @ 11:00 A.M. ETHHIC GROUP African American Aslan American NaWe American Hispanic/Latino Pacific lsland/American Non Minority Not Classified Total Number of Vendons Total Number of Contacts coul{T 38 2 0 6 0 202 0 248 406 ao IA J- (A IEL'E{t eB an (u $(u '(, .o raoo- a oEo (s o- (n ut g LJ $B EF E J3 rtrof)EE Commission Meeting Agenda 3/2/2021 2:00 PM Motion to approve and award of ITB 20-245 Tenprint/Palmprint Scanning System vendor for the Richmond County Sheriff's Office to Idemia Identity and Security USA LLC. Department:Richmond County Sheriff’s Office (RCSO) Department:Richmond County Sheriff’s Office (RCSO) Caption:Motion to approve and award the Tenprint/Palmprint Scanning System vendor for the Richmond County Sheriff's Office to Idemia Identity and Security USA LLC. (ITB 20- 245) (Approved by Public Safety Committee February 23, 2021) Background:The Richmond County Sheriff’s Office Detention Center is requesting the purchase of a ten finger scanner for the Booking area and Administration Office. The current system operates on Microsoft Windows 7 which is no longer supported by Microsoft and currently Idemia is terminating support. Windows 7 has to be upgraded to Touchprint Enterprise Version 5X for Window 20 operating system; therefore, the Sheriff’s Office is requesting the Live Scan Equipment and Idemia LiveScan System Upgrade Services. Analysis:The current Live Scan is not operational and a new system must be replaced to provide safety for inmates and jail staff. Financial Impact:The item was submitted for bid by the Procurement Department. The only vendor who responded was Tenprint/Palmprint Scanning System at a cost of $43,514.00 and System Upgrade to Tenprint Scanning $2,934.00 for a total of $46,448.00 Alternatives:None - not award and be without a tenprint scanner which would cause security issues. Recommendation:The Richmond County Sheriff's Office recommends Bid (#20- 245)to be awarded to Idemia Identity and Security USA LLC at the cost of $46,448.00. Funds are Available in the Following Accounts: Funding is available in account 278032511-5316210 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Commission Meeting Agenda 3/2/2021 2:00 PM Evaluate the claims against Gold Cross Department: Department: Caption:Review and evaluate the claims against Gold Cross contained in the attached email. (Requested by Commissioner Sammie Sias) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 3/2/2021 2:00 PM Entrepreneur Skills Training And Broadband Project. Department: Department: Caption:Joy Barr presenting Entrepreneur Skills Training And Broadband Project. (Requested by Commissioner Brandon Garrett) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda VirtuaVTeleconference - 21161202l ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; B. Williams, Garrett, Sias, Johnson, Frantom, Scott, McKnight, D. Williams, Hasan and Clarke, members of Augusta Richmond County Commission. INVOCATION: PLEDGE OF ALLEGIANCE TO TIIE FLAG OF TIIE LINITED STATES OF AMERICA. RECOGNITION(S) EOM Natascha Dailey A. Congratulations! Natascha Dailey as Augusta, Georgia's Employee of the Item Month for January 2021. Action: None B 2020-16-02_-01-2021 EoM_Accotade_-_Daitev.pdf E 2021-16-02 N Dailev Head Shot.ips IB ltemAoorovalsheet.html Motions Motion -- ----- Motion Textrype Recognition of Natascha Dailey as the January 2021Employee of the Month. Five (fl minute time limit per deleeation DELEGATIONS B. Made Seconded Motion By By Result Mr. Michael Gallucci regarding a "Resolution formally apologizing for Item Augusta's role in slavery, a commitment to end structural racism, and achieve Action: racial equity." Approved E 2020-16-02 R AUGUSTA-RESOLTITION.Ddf B sKM c6s82lol262o422.pdf IE ItemAoorovalSheet html Motions Y:j*'"" Motion Text Made By seconded By Motion Type ----"--- -r Result Presentation is made by Mr. Michael Approve Gallucci; motion to commissioner commissioner approve receiving this Sammie Sias Brandon Garrett item as information. It was the consensus of the Commission that this item be received as information. C. Mr. Donald Day regarding the rezoning of 4717 Rollins Road. Item Action: None E sxlr cestztoztor&zr.oor lB sKM c65821021111020.pdf lB ltemAoorovalsheet.html Motions Motion Made Seconded MotionMotion TextType rYrvrrvrr rva! By By Result Presentation was given by Mr. Charles Rollins. D. Ms. Sharonda Williams regarding 1) COVID-l9 Emergency Response Item Hotline (24 hour) number and website 2) Distribution to community through Action: mail in monthly utilities bills. None IE 2021-09-16-02 Asende ltem Request Fom 02032021 20210203 000l.Ddf IB ltemAporovalsheet.html Motions Motion Motion TextI ype Presentation is made by Ms. Williams. Ms. Ronic West regarding Equality and underserved community. Economic Prosperity for the Item Action: None Made By Seconded Motion By Result E. B ltemAoorovalsheet html Motions Motion Type Motion Text Presentation is made by Ms. West. Seconded Motion By Result Made By CONSENT AGENDA (Items 1-23) PLANNING l. Z-21-10 - A request for concurrence with the Augusta Planning Commission Item to approve with the conditions below a petition by Tonya Self, RHA Health, Action: on behalf of Scioto Properties acting on behalf of FB Residential Holdings Approved LLC, requesting to establish a Family Personal Care Home per Section 26- 1-(h) of the Comprehensive Zoning Ordinance for Augusta Georgia affecting property containing 0.26 acres and known as 3957 OId Waynesboro Road. Tax Map 183-0-056-00-0 DISTRICT 6 1. The home shall be staffed on a 7-day,24-hour basis. 2. The home shall be limited to 4 residents total with staff coming in shifts. Any live-in staff will be counted towards the maximum occupancy of 4 residents. 3. If the rear of the property is not completely enclosed by a fence one must be installed to ensure a safe and secure outside space for residents. 4. Any changes in the definition of the use, nature of the clientele or increase in numbers of occupants shall require another Special Exception. 5. The applicant must receive and maintain a City of Augusta business license and a license with the State of Georgia. Proof of compliance with the minimum requirements of Chapter I I 1.8-62.01 of the O.C.G.A must be provided, and the applicant must provide annual fire department inspection reports. 6. All requirements must be met within six (6) months of approval of the Special Exception, or the Special Exception is void. 7. At least one bathroom must have a 36" ADA doorway the bathroom facilities. that permits wheelchair access to lE z2l-10 report pdf B ltemAnorovalsheet.html Motions Motion Motion Textr ype ^ Motion to approve.Approve Motion Passes l0-0. seconded By fffil Commissioner Commissioner Ben Hasan Brandon Garrett Passes Made By 2. Z-21-ll - A request for concurrence with the Augusta Planning Commission Item to approve with the conditions below a petition by Luther B. Schwalbauch, on Action: behalf of Windsor Heights Baptist Church Inc, requesting a Special Approved Exception to reconstruct and expand an existing Church per Section 26-l-(a) of the Comprehensive Zoning Ordinance for Augusta Georgia affecting property containing 1.84 acres and known as 3494 Bullock Avenue. Tax Map 120-0-182-00-0 DISTRICT 5 1. The Concept Plan is considered for illustrative purposes only for the present zoning action and approval of the Special Exception in no way indicates future approval of the Site Plan currently under review for the subject propefty. 2. Approval of the Site Plan submitted July 17, 2020 must be received prior to issuance of a Land Disturbance Permit or any reconstruction activities on the property. 3. The church must be 25 feet from all side and rear property lines. No variance from the setback requirements as set forth by the Comprehensive Zoning Ordinance will be allowed. 4. Parking to serve the church must be based on the number of seats in the main sanctuary and no variance from the number of parking spaces or no variance from the surface materials requirements as set forth by Augusta Engineering will be allowed. ADA compliance will be based on the number of parking spaces required. 5. The size of the church shall be limited to 5,667 square feet - the extent of the original improvements. 6. Sanitary sewer must be tied into, if required by the Augusta Utilities Department. 7. If a septic system is to be utilized, approval by the Richmond County Health Department is required. 8. If any outdoor lighting fixtures servicing the church and/or parking lot are planned they shall be directed downward and not toward nearby residences. 9. There shall be no outdoor activities that generate noise greater than what would be expected in a normal residential setting and any noise generated must meet the requirements of the Augusta Noise Ordinance. 10. Rebuilding of the church must be initiated within five (5) years of the date of approval of the Special Exception or the approval of the Special Exception is null and void. lB Z.2l-11 report.pdf lE ItemApprovalsheet.html Motions Motion Motion Textrype Made By Seconded By Made By Motion Result A ^--^-.^ Motion to approve. Commissioner CommissionerApprove Motion passes l0-0. Ben Hasan Brandon Garrett Passes 3. Z'21-12 - A request for concurrence with the Augusta Planning Commission Item to approve with the conditions below a petition by Lee Attaway, on behalf of Action: Ralph Nelson, requesting a change of zoning from Zone B-1 (Neighborhood Approved Business) to Zone B-2 (General Business) affecting property containing 0.59 acres and known as 2418 Peach orchard Road. Tax Map 086-4-151-01-0 DISTRICT 2 l. Any future development shall conform to all applicable provisions of the Augusta Floodplain Ordinance.2. No display or parking of vehicles on the grass in front of the building. 3. Outdoor lighting must be directed away from nearby residences. 4. Maintain a minimum 20 foot natural buffer from the residential property to the south. E L2l-12 report.odf B ItcmAoorovalsheet.html Motions Motion Motion Textrype A ___^_-_ Motion to approve.APProve Motion passes lo-0. seconded By Motion Result Commissioner Commissioner Ben Hasan Brandon Garrett Passes 4. Z'21-L3 - A request for concurrence with the Augusta Planning Commission Item to approve with the conditions below a petition by Hull Barrett PC, on behalf Action:of London Homes LLC, requesting a change of zoning from Zone B-l Approved (Neighborhood Business) to Zone B-2 (General Business) affecting property containing 0.46 acres and known as 2702 Miltedgeville Road . Tax Map 071-3-076-00-0 DISTRICT 2 1. All parked vehicles spaces shall meet the parking standards set forth in Section 4 of the Comprehensive Zoning Ordinance. 2. Required off-street parking must be striped and provide proper maneuvering spacing. 3. No junk vehicles may be stored on the property. 4. Any outdoor lighting shall be directed away from nearby residences. lB z2l-13 report pdf lB ItemApprovalsheet.html Motions Motion_ ----- Motion TextI vDe seconded By f*ilMade By ^ Motion to approve. Commissioner CommissionerApprove ruil,ion Passes l0-0. Ben Hasan Brandon Garrett Passes 5. Z-Zl-15 - A request for concuffence with the Augusta Planning Commission Item to approve with the conditions below a petition by Thunder Investment Action: Properties , LLC on behalf of Jordan R. Timms, requesting a change of zoning Approved from Zone A (Agriculture), Zone HI (Heavy Industry) and Zone B-2 (General Business) and B-2 with conditions to Zone HI (Heavy Industry) affecting property containing 2.31 acres and known as 129 Mason McKnight Jr. Parkway. Tax Map 022-0-024-00-0 DISTRICT 3 l. The Concept Plan is considered for illustrative pu{poses only for the present zoning action and approval of the rezoning of the subject property in no way indicates future approval of the Site Plan for the proposed 36,000-square foot Harley Davidson motorcycle retail sales building and the motorcycle certification and training facility behind the proposed building. 2. The proposed building on the Concept Plan must meet all applicable building setbacks when the Site Plan is submitted for review. No variance from the setback requirements as set forth by the Comprehensive Zoning Ordinance will be allowed. 3. Building height is limited to 60'. 4. Parking sufficient to handle the proposed uses (retail and storage / work area) in the proposed building will be required and no variance from the number of parking spaces or no variance from the surface materials requirements as set forth by Augusta Engineering will be allowed. ADA compliance will be based on the number of parking spaces required on the Site Plan. 5. The surfacing of the motorcycle certification and training area must be adequately drained and must meet requirements of Augusta Engineering at the time of the Site Plan review. 6. A cross ingress- egress easement must be established over the existing driveway for use by Gander Outdoors and the proposed Harley Davidson retail store. 7. Compliance with the Augusta Tree Ordinance is required. In addition to the normal Tree Ordinance compliance requirements, additional streetyard and side buffer requirements, at the discretion of P&D staff, will be required between the proposed use and Gateway Crossing Apartments to reduce visual and noise impacts. 8. Outdoor activities that generate noise must meet the requirements of the Augusta Noise Ordinance. 9. Loading, unloading, trash pick-up, and cleaning of the exterior shall only occur between 6 AM and 1l PM. 10. Lighting associated with the retail store or with the motorcycle certification / training area shall be directed downward and not toward nearby residences. I 1. The use shall be limited to the Harley Davidson retail sales business and the associated motorcycle certification and training area. Any other use must come back before the Planning Commission and Augusta Commission for zoning review a _^_^.^^__^ Motion to approve. Commissioner CommissionerApprove vtotion passes 10-0. Ben Hasan Brandon Garrett Passes ADMINISTRATIVE SERVICES 6. Motion to approve Housing and Community Development Department's Item (HCD's) subsidy request for down payment assistance to be used for one (1) Action: single-family housing unit located at 918 Boyd Lane. (Approved by Approved Administrative Services Committee February 9, 2021) E subsidv lE 2-21-15 report.pdf lB ItemAporovatSheet html Motions *11"" Motion Text Made ByI'ype Seconded By Made By Seconded By Motion Result Motion Result lB ItemAnnrovalsheet,html Motions Motion Mofion TextI ype A ___^--^ Motion to approve.APProve Motion Passes lo-0. Commissioner Commissioner Ben Hasan Brandon Garrett Passes 7. Motion to approve Housing and Community Development Department's Item (HCD's) request to provide funding for architectural drawings for four (4) Action: single-family homes within the Twiggs Street Corridor as part of the Laney Approved Walker/Bethlehem Revitalization Project.' Two (2) 1700 SF three (3) bedroom, two-story, single-family residences' One (l) 1700 SF three (3) bedroom, one-story, single family residence' One (1) 1900 SF four (4) bedroom, two-story, single-family residence (Approved by Administrative Services committee February 912021) @ TWIGGS STREET CORRIDOR AE CONTRACT.d0C lB ltemApprovalsheet html Motions X:11"" Motion rext Made By Seconded By fffilrype ^ Motion to approve. Commissioner CommissionerApprove rurJ,io, Passes 10-0. Ben Hasan Brandon Garrett Passes 8. Motion to approve the purchase of three pickup trucks, at a total cost of Item $79,476; $54,820 to Wade Ford for Environmental Services and $27,410 to Action: Allan Vigil Ford for Utilities (Bid 20-265). (Approved by Administrative Approved Services Committee February 9, 202L'1 E Eval - Utilities 206059.pdf B 20-265 Tab with Setections.pdf E 20-265 Advcrtis€ment to Paper.pdf B 20-265 3rd Department Recommendaiton of Award.pdf lE Bid 20-265 Procurement Information.pdf lB ItemApprovalsheet html Motions Motion lVlotion::""-"" Motion Text Made By Seconded By Resuttrype ^ Motion to approve. Commissioner CommissionerApprove rrrrl,ion Passes 10-0. Ben Hasan Brandon Garrett Passes 9. Motion to approve one (1) Emergency Rehabilitation project. (Approved by Item Administrative Services Committee February 9,2021) Action: Approved B ER Contract 202l.docx [E ItemApprovalSheet.html Motions Motion r rh Motion;:-"-':"" Motion Text Made By Seconded By Resultrype Approve Passes Motion to approve. Commissioner Commissioner Motion Passes l0-0. Ben Hasan Brandon Garrett 10. Motion to adopt the final ADA Transition Plan Update. (Approved by ItemAdministrative Services Committee February 9rZ02l) Action: Approved lB ADA Transition_Plan-2020_Final_l2 2020reduced.odf E ADA Transition Plan LTodate Final presentation 2020.odf IE ItemAonrovalsheet.html Motions $otion Motion Textrype A _-___.^ Motion to approve.APProve Motion passes lo-0. lB ARC orooertv ins_bid summarv.pdf E ltemAoorovalsheet html Motions Motion Motion TextI ype ^ Motion to aoorove.APProve Motion purr., l o-0. Commissioner Commissioner Ben Hasan Brandon Garrett Passes Made By Seconded By Made By Motion Result FINANCE 11. Motion to approve Augusta Commercial Property Insurance coverage for ltem 2021 offered through Affiliated FM, current carrier, for a premium of Action: $584,984 for full blanket coverage and limited flood coverage in flood prone Approved areas (Approved by Finance Services committee February 91202t) . seconded By Motion Result Commissioner Commissioner Ben Hasan Brandon Garrett Passes 12. Motion to approve Excess Workers' Compensation Insurance with Statutory ltemlimits and a $1,000,000 Self Insured Retention (SIR - otherwise known as Action:the deductible) to cover all positions for a premium of $349,048. Safety ApprovedNational Incumbent (Approved by Finance Services Committee February 9,2021) B Auqusta 2021 XS WC Board presentation,odf lB ItemApnrovalsheet.html Motions Motion ^ r rh Motion:""'"" Motion Text Made By Seconded ByType rvrt'rru' r wa! rvrasv sJ Result ^ Motion to approve. Commissioner CommissionerApprove vtotion Passes 10-0. Ben Hasan Brandon Garrett Passes ENGINEERING SERVICES 13. Motion to approve to Supplement Construction Contract to E R Snell Item Contactor, Inc. in the amount of $87,978.36 for completing the supplemental Action: Traffic Operation needed improvements in conjunction with the Approved Transportation Investment Act (TIA) Project, l5th Street Pedestrian Improvements Project as requested by AED . Bid 18-260. (Approved by Engineering Services Committee February 9, 2021) IB 15TH ST-Improvements-Supplement Const 1.29.2021.pdf B Coov of CPB Suoolement One 1.29.2021.x1sx B ltemAoorovalSheet,html Motions Y:l'-"t Motion Text Made By seconded By Motion Type rrrvrrv' r var Result ^ Motion to approve. Commissioner CommissionerApprove Motion Passes 10-0. Ben Hasan Brandon Garrett rasses 14. Motion to approve to Supplement Construction Two to Superior Item Construction Company Southeast, LLC in the amount of $550,000 for Action: Transportation Investment Act (TIA) Project, 5th Street Bridge over Approved Savannah River Repair and Restoration Projects as requested by AED . Bid 19-291 (Approved by Engineering Services Committee February 9, 2021') E 5th Street Bridse Rchab Sunnl 2 Construction-Bid 1.1E.2021.odf lE CPB Supplement Const Two otr sth Street Bridse 1'18.2021.x1sx E ltemAonrovalSheet'html Motions Motion Tvne lvrotron Text Made By Seconded By H:il Approve Motion to approve. Commissioner Commissioner Passes Motion Passes 10-0. Ben Hasan Brandon Garrett 15. Motion to approve supplemental funding (SA2) for Engineering Phases of Item Design Consultant Services Agreement to Hussy Gay Bell (HGB) in the Action: amount of $198,700 for the Broad Street Improvements Project as requested Approved by the AED. RFP 18-311. (Approved by Engineering Services Committee February 9,2021) B Broad St - HGB Additional Scooe Prooosal 1.18.2021.odf B SA2-Broed Street Imn 1.20.2021-docr B CPB Broad Street Impvts SA2 HGB 1.18.2021.x1sx 16. Motion to approve the revised upfront construction cost of $150,000 on the ltem installation of 16 street lights along D'Antignac Street between Walton Way Action: and R.A. Dent Blvd with an annual cost of $8,570.88. Construction funding Approved is available in Street Lighting Upgrades SPLOST IV account and ongoing operations and maintenance in annual street lighting budget. Requested byAED (Approved by Engineering services committee February 9,2021) E ltemAnnrovalsheet.html Motions Motion- ----- Motion Textrype a__ _ Motiontoapprove.APProve Motion passes 1o-0. lE D Antiqnac Sf proposal Ga Power.pdf E ltemApprovalsheet,html Motions Motion Motion Textlype ^ __--^__^ Motion to approve.APProve Motion Passes lo-0. Commissioner Commissioner Ben Hasan Brandon Garrett Passes Made By Seconded By Made By Seconded By Motion Result Motion Result Commissioner Commissioner Ben Hasan Brandon Garrett Passes 17. Motion to approve adjusting daily landfill operation schedule as Itemrecommended by Engineering Director. (Approved by Engineering Action: Services Committee February 9,2021) Approved E sxu cosS2tozttttzzo.pof lB ItemApprovalShect.html Motions Hl1"' Motion Text Made By Seconded By [:|ft'I ype ^ Motion to approve. Commissioner CommissionerApprove Motion Passes 10-0. Ben Hasan Brandon Garrett Passes 18. Motion to approve and authorize the Augusta Engineering Department to ltem accept and receive REBC grant from Georgia Department of Transportation Action: (GDOT) for 13th Street (SR4) Enhancement and Beautification in Approved conjunction with TIA funded 13 Street (SR4) Improvements Project. (Approved by Engineering Services Committee February 9,2021) e l3th Street REBC Cotrcept Report 1.18.2021.pdf E 2020 REBC Grent Notification Letter Citv of Aususte l.l8.202l.pdf E pnooozeo.oor e ItemApprovalsheet.html Motions Motion Motion:""'"'^ Motion Text Made By Seconded ByType Result ^ Motion to approve. Commissioner CommissionerApprove Motion Passes l0-0. Ben Hasan Brandon Garrett Passes 19. Motion to approve continued funding of the current "On-Call Construction Item Material Inspection and Testing, Construction Monitoring and Quality Action: Assurance/ Quality Control, and Geotechnical Inspections and Investigations Approved (CMT Geotech)" Services Contract in the amount of $1,000,000 RFP 19- 179 (Approved by Engineering Services Committee February 912021) B cPB on call cMT o1.2o.2o21.xlsx E ltemAonrovalSheet.html Motions Motion Text Made BY Seconded BY Motion Result Commissioner Commissioner Ben Hasan Brandon Garrett Passes 20. Motion to approve continued funding of the current "On-Call Professional Services for Engineering and Field Design, small to Medium Scale Maintenance Task Design, Regulatory Periodic Inspection Compliance and Structural Inspection & Investigations" Services (CEI Services) Contract in the amount of $500,000 as requested by AED. RFp 19-241 (Approved by Engineering Services Committee f,'ebruary g, 2021) Motion Type a ___^-.^ Motion to approve.APProve Motion passes lo-0. B cpB on calt psEFD 01.20.2021.x1sx B ltemAoprovalsheet html Motions Motion Motion Textrype a _-..^___ Motion to approve.APProve Motion passes lo-0. Motions |Iotion Motion Textrype ^ Motion to aoorove.APProve Motion purr.t lo-0. Commissioner Commissioner Ben Hasan Brandon Garrett Passes Made By Seconded By Made By Seconded By Commissioner Commissioner Ben Hasan Brandon Garrett Item Action: Approved 21. Motion to approve entering into Memorandum of Understanding (MOU) Item with Phiniry Center for Water Science (Nonprofit Organization) to assist Action: Augusta Engineering Department (AED) with implementing Section 319(h) Approved grant supported activities that are designed for stream water quality restoration in local waterbodies. Also authorized Mayor to sign MOU as requested by the Augusta Engineering Department. Requested by AED. (Approved by Engineering Service Committee February 9,2021) E Phinizl MOU for 319 BIIP grant 0l.l9.202l.docx IB FY18-15 Executed Contract start pare 05212020 e{grg4_1J!2Q2!p4! E ItemAonrovalsheet html Motion Result Motion Result Passes PETITIONS AND COMMUNICATIONS 22. Motion to approve the minutes of the Regular and Special Called Item Meetings of the Commission held on February 2, 2021 and the Special Action: Called Meeting of the Commission on February 9,2021. Approved lB Resular Commission Meetins Februarv 2 202l.ndf lB Called Commission Meetine Februarv 9 202l.Ddf {E Called Commission Meetins Februarv 2 2021.odf E ltemAnorovalSheet.html Motions Motion ^ i rn Motion Type Made BY seconded BY Result . Motion to approve. Commissioner CommissionerApprove viotion Passes l0-0. Ben Hasan Brandon Garrett Passes APPOINTMENT(S) 23. Motion to approve the appointment of Ms. Lynn D. Gladney, Augusta Item Aviation Commission; Ms. Stacy Pulliam, Board of Zoning Appeals and Action: Mr. Jeffery B. Pooser, Planning Commission representing District 9. Approved E sKM-c6s821021018460.pdf E sKM c65821o2lor847o.pdf IE ltemAoorovalsheet.html Motions Motion Motion Text Made By Seconded By Motion Type rvrvrrv' I var Result ^ Motion to approve. Commissioner CommissionerApprove vtotion Passes 10-0. Ben Hasan Brandon Garrett Passes *'trf *END CONSENT AGENDA**** AUGUSTA COMMISSION 2n612021 AUGUSTA COMMISSION REGULAR AGENDA 2n6t2021 (Items 24-37) PLANNING 24. Z-21'08 A request for concurrence with the Augusta Planning Item Commission to approvewith the conditions below a petition by Margaret Action: McKie, on behalf of Edward McKie, requesting a change of zoning from Disapproved Zone A (Agriculture) to Zone R-3A (Multiple-family Residential) affecting property containing 1.84 acres and known as 4717 Rollins Road. Tax Map 278-0-029-00-0 DISTRICT 8 l. The only permissible uses of the property shall be a Group Personal Care Home or a single-family residence. 2. No further structural additions for the purpose of residential use shall be permitted on the subject property. 3. A directional sign with the address clearly labeled with reflective lettering will be placed at the entrance to the common driveway at Rollins Road and at the entrance to the subject property off the common driveway to assist emergency personnel should they be called to the facility. Should the petitioner construct their own driveway at the parcel 25 ft. road access this condition shall still apply. 4. A fence must be installed along the rear property line to separate the large timber tract from the subject parcel (TPN 300-0-001-01-0). E Z2l-08 report.pdf {B ltemAonrovalsheet.html Motions Motion Motion Textr ype Deny Motion to deny the rezoning petition. Ms. Scott abstains. Voting No: Commissioner Ben Hasan, Commissioner Jordan Johnson, Commissioner Made By Commissioner Sammie Sias Seconded By Commissioner Brandon Garrett Motion Result Passes Dennis Williams. Motion Passes 6-3 -1. Motions []11"' Motion Text Made By Seconded By HJflype Substitute motion to approve the rezoning petition. Ms. Scott abstains. Voting No: Commissioner John Clarke, Commisioner SeanFrantom, Commissioner A ! !-,-.. Approve ;:#il'i'Hl;:-, i:il|x:, ;:ril::f"' Fu,' Commissioner Sammie Sias, Commissioner Catherine Smith- McKnight, Commissioner Bobby Williams. Motion Fails 3-6 -1. 25. Z-21-09 - A request for concuffence with the Augusta Planning Commission ltem to approve with the conditions below a petition by Margaret McKie, on Action: behalf of Edward McKie, requesting a Special Exception to establish a Group None Home in a R-3A Zone for boys ages 6-18 years of age (21 yrs. if still in high school) per Section 16-2 (d) of the Comprehensive Zoning Ordinance for Augusta Georgia affecting property affecting property containing 1.84 acres and known as 4717 Rollins Road. Tax Map 278-0-029-00-0 DISTRICT 8 l. Approval of 2-21-08 to rezone the property to R-3A (Multiple-family Residential). 2. The home shall be limited to ten (10) school age boys, in general 6-18 years old. A boy may be allowed to stay until 21 years old if still registered in high school. 3. The home shall be staffed and maintained in compliance with all State Department of Community Health regulations for a Child Care Residential Home. 4. No detached residential space shall be added to the property; all boys must live in the home. 5. A directional sign with the address clearly labeled with reflective lettering will be placed at the entrance to the common driveway at Rollins Road and at the entrance to the subject property off the common driveway to assist emergency personnel should they be called to the facility. Should the petitioner construct their own driveway at the parcel 25 ft. road access this condition shall still apply. 6. All safety measures regarding the in-ground pool shall be maintained for the safety of the young children. 7. A fence must be installed along the rear property line to separate the large timber tract from the subject parcel (TPN 300-0-001-01-0). 8. The applicant must maintain a City of Augusta business license and continue to maintain a license with the State of Georgia. Proof of compliance with the minimum requirements of Chapter 290-2-5-18 of the o.c.G.A must be provided, and the applicant must provide annual inspection reports. 9. The home must maintain all licenses without a 12- month lapse or the Special Exception is void. E 2-21-09 report.pdf B 22l-09_obiections.pdf B ltemApprovalsheet.html Motions Motion rr^1:^_ rt, __L Made Seconded Motion-^"""" Motion Text'lype By By Result No vote is taken on this item due to the failure ofltem#24. PUBLIC SERVICES 26. Discuss a plan to allow outside events on city property if they meet the CDC Item guideline plan they have established for outside events. (Requested by Action: Commissioner Sean Frantom) Approved E ItemAoorovalsheet.html Motions ffi':" Motion Text Made By seconded By [:tjir" Motion to refer this r\^r^* item back to the Commissioner Commissionerr''vrvr Public Services Sammie Sias Ben Hasan Committee meeting. No action is taken on this motion. Motions Motion Motion Text Made By seconded By MotionTYPe Result Motion to approve voting on this item today in Commissigr.l. CommissionerApprove order to move C3t]t-erjne Smith- ffi;hr:k. -^ Withdraws foward with McKnight ' having this market in March. Motions Y:l'-"' Motion Text Made By seconded By Motion Type Result Motion to refer this item to the special commissioner commissionerDefer called meeting for . ^. action next week ammie sias Ben Hasan Passes Motion Passes 10-0. 27, Quarterly update from Jay Markwalter on the state of public art in Augusta. Item The update includes updates on current projects, such as the Augusta Action: Sculpture Trail, Storm Drain Murals, the ArtsCity Festival, and the Downtown None Mural Festival. E ltemAoorovalsheet.html Motions MotionType Motion Text Update is given by Mr. Markwalter. ADMINISTRATIVE SERVICES 28. Discuss authorizing the Administrator, central services, and other relevant Item departments to conduct a 60-90 day review of transitioning our non-public Action: safety vehicle fleet to zero-emission vehicles (electric) and any associated Approved apparatuses. (Requested by Mayor Hardie Davis, Jr.) B 2020-16-02 General Motors the Largest U.S. Automaker Plans to be Carbon Neutral bv 2040.odf 1B 2021-16-02 ford-raises-olanned-investment-ev-av-leadershin.ndf B sKM c6582lo2lot846l.pdf E ltemApprovalSheet.html Made Seconded Motion By By Result Motions Motion rr^1!-_-m , f,f, r Motion- ----- Motion Text Made By Seconded Byf'YPe ''---- -r Result Motion to refer this Defer item back to the Commissioner Commissioner committee for Ben Hasan Sammie Sias further discussion. No action is taken on this motion due to the passage of the substitute motion. Motions Y:jl" Motion Text Made By Seconded By Motion'f'YPe ' ---- -r Result Substitute motion to approve. Voting No:Commissioner Commissioner A ._.__.^__ Ben Hasan, Commissioner CatherineApprove commissioner John clarke Smith- Passes Sammie Sias, McKnight Commissioner Bobby Williams. Motion Passes 7-3. 29. Discuss authorizing the Administrator, finance department, and other Item relevant departments to conduct a 30 day review of the impact, feasibility Action: and cost of an up to l5 percent, FY 21, tax break to coincide with federal Rescheduled and state eviction moratoriums for landlords providing workforce and affordable housing. (Requested by Mayor Hardie Davis, Jr.) E 2o2t-16- 02 Executive Order on Tackling the Climate Crisis at Home and Abroad The White House,odf E ltemAonrovalshect html Motions f#:" Motion Text Made By seconded By [:tjir' Defer Motion to refer this Commissioner commissioner passes item back to Brandon Sammie Sias committee. Mr. Garrett Frantom out. Motion Passes 9-0. 30. Discuss if there is a need for a Blue Ribbon Committee and/or Item different avenue to study the Consolidation Bill (Charter). (Requested by Action: Commissioner Ben Hasan) Rescheduled B sKM c6s82lo2tr1o31o.pdf lE ItemAoorovalsheet.html Motions Motion Motion Text Made By Seconded By fffil'l'ype Motion to refer this item back to committee. Mr. Commissioner Commissioner Defer Clarke abstains. Mr. Bobby Brandon Passes Frantom out. Williams Garrett Motion Passes 8-0 -1. PUBLIC SAF'ETY 31. Motion to approve the purchase of one, grant funded, Mobile Pet Adoption Item Van for $142,742.00 from Alliance Bus Group of College Park, GA (Bid 20- Action: 24lA) for the Animal Services Department. (No recommendation from the Approved Public Safety Committee February 2, Z02lmeeting) B 20-241A Tab Sheet Mobile Pet Adoption van.pdf B Pet Adoption van Carqo Layout.pdf E mobite-adoption-l f,XAMPLE.ips E Siqned Grant Aqreement Mobile Adoption Van.pdf B 20-241A Advertisement to Paper.pdf E zo-zlt.l un.par E 20-241A Department Recommendation of Award.pdf B Mail List and Demandstar Planholders'pdf iE Georgia Procurement Registry Vendor Summary.pdf E sxtt c6sSztoztozotto.par E ItemApprovalSheet,html Motions r#:" Motion rext Made By seconded By Motion Result a --,-, Motion to approve. commissioner commissionerApprove Motion pasies r0-0. Ben Hasan Brandon Garrett Passes ENGINEERING SERVICES 32. Motion to determine that Spellman Lane as shown on the attached map has Item ceased to be used by the public to the extent that no substantial public Action:purpose is served by it or that its removal from the county road sysiem is Approved otherwise in the best public interest, pursuant to o.C.G.A. $32-7-2, with the abandoned property to be quit-claimed to the appropriate party(ies), as provided by law and an easement to be retained over the entire abandoned portion for existing or future utilities as directed by Augusta Engineering Department and Augusta Utilities Department. [E Aeenda Item Soellmen Lane - lst Rerdino,docr E Mao - Soellman Lane.odf B ltemAoorovalsheet.html Motions Motion Motion Textrype Made By Seconded By Motion Result Motion to delete this Derete item rrom the agenda ;:flfiilf*' ;:#il:Tl::n passes Motion Passes l0-0. APPOINTMENT(S) 33. Motion to approve the appointment of Attorney Ashanti Lilley to an expired ltemterm on the Downtown Development Authority. (Requested by Action: Commissioner Francine Scott) Approved B sKM c6s82to2lol9352.pdf E sxu cosSzto2totgsst.nar E sKM c6s82to2lorgJso.pdf B sxM cosgztoztolgszo.oor B sxu-cosSzrozu toltr.oat B ItemApprovalSheet html Motions Motioni;;" Motion rext Motion to apProve with this appointment to Approve replace Mr. Cameron Nixon. Motion Passes 10-0. Made By Seconded By Motion Result Commissioner Ben Hasan CommissionerBrandon Passes Garrett 34. Motion to accept the recommendation of Dr. Joseph Hillson submitted on Item behalf of the Stoney Medical Society to reappoint Merian Robinson to serve Action: on the Richmond County Board of Health llll202l to 1213112024. Approved E 2021-16-02 BOH Reeppointment ltr. MRobinson.pdf B RICHMOND BOH Composition 2021.pdf B TALENT-BANK.QUESTIONNAIRE Merien Robinson 3.2I-2OI7.Pdf E ItemApprovalSheet html Motions Motion ResultryJ:" Motion rext ^ Motion to approve. Commissioner CommissionerApprove vtotion Passes l0-0. Ben Hasan Brandon Garrett Passes ADMINISTRATOR 35. Motion to accept the 2021 Summer Georgia County Internship Program ltem (GCIP) Grant for the 2021 summer program in the amount of $5,215.20 for Action: the Management intern project to cover two internships. Approved B 2021 GCIP Grant Overview Meterials Final.pdf E 2021 Aususta Richmond Grant Packaqe.pdf E pnooozgl.pot E ltemApprovilsheet.html Motions Motion Motion Text'r'ype Made By Seconded By Motion ResultMade By Seconded By Approve Motion to approve. Commissioner Commissioner passes Motion Passes l0-0. Ben Hasan Brandon Garrett STEER BUSINESS 36. Approval of a resolution being drafted and brought before the Commission Itemforavoteon 2124, inoppositiontoGeorgias.nit.bills6T, 6g,69,71,73, Action:74' and other bills aimed at restricting methods available to Augusta Approvedresidents to exercise their right to vote or cause undue financial burden on voters. (Requested by Mayor Hardie Davis,, Jr.) lB 202I-16-02 GA S.o"t. R.rrbli."o, Uor.il Bill. To Mrk. Votirn Hr.d."odf E ltemAoorovalsheet.html Motions Motion Motion Textlype Motion to approve and to consider it at the Approve special called meeting next week. Motion Passes l0-0. Made By Seconded By Motion Result Commissioner Commissioner Sammie Sias Ben Hasan Passes ADDENDUM 37. Receive Homeless Taskforce Update. Johnson) lB ItemAoorovalshect html Motions Motion Motion Textrype It was the consensus of the Commission that this item be added to the agenda. An update was given by Commissioner Jordan Johnson. LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. (Requested by Commissioner Jordan Item Action: Approved Made Seconded MotionBy By Result C. Personnel. 38. Motion to auth orize execution by the Mayor of the affidavit of Item compliance with Georgia's Open Meeting Act. Action: None Up"o*i www.auqustaga.qov CALLED MEETING VIRTUAL/TELECONFERENCE February 23,2021 Augusta Richmond County Commission convened at I 1:00 a.m., Tuesday, February 23, 2021, the Honorable Hardie Davis, Jr., Mayor, presiding. PRESENT: Hons. B. Williams, Garrett, Sias, Johnson, Frantom, Scott, McKnight, D. Williams, Hasan and Clarke, members of Augusta Richmond County Commission. Mr. Mayor: We're here to do the people's business and we're going to begin by calling this meeting to order. Madam Clerk, we will address the iterns on the special called meeting agenda so we'll do that prior to a vote to go into closed session. The Chair recognizes Madam Clerk. 3. Discuss to allow outside events on city property if they meet the CDC guideline plan they have established for outside events. @eferred from February L6 Commission meeting; requested by Commissioner Sean Frantom) Mr. Mayor: The Chair recognizes the commissioner from the 7ft. Mr. Frantom: Thank you, Mr. Mayor, and I appreciate everybody's work on this. I'd like to make a motion to remove COVID restrictions specifically for the Market and allow the working group to bring back formal recommendations. Mr. Garrett: Second. Mr. Hasan: Mr. Mayor, I have a question on that. Mr. Mayor: The Chair recognizes the commissioner from the 6ft. Mr. Hasan: When you said remove COVID restrictions, what does that mean when you said remove them? Mr. Frantom: I'm going to let the Administrator speak to this because I meant to say actually citywide so I'll defer to the Administrator. Mr. Donald: Yes, I think in following up with Parks & Recreation as well as with Commissioner Frantom what we're looking at is the right now based on COVID restrictions and guidelines the Market is not able to operate. There's an appetite to expand beyond the market which the working group is managing so his request is simply ensuring that the Market is able to operate during this time so that we don't lose that revenue. We've got a plan in place and we'll be able to monitor and manage it but those other specific areas whether it's outside dining or other activity restrictions haven't been released on those and so he's basically proposing to give us time to be able to figure that out through the working goup but not lose this valuable revenue for a process that we already kind of have in place. Mr. Hasan: Okay, thank you. Mr. Mayor: Voting. Mr. Sias votes No. Motion carries 9-1. 4. Approval of a resolution being drafted and brought before the Commission for a vote on 2124 in opposition to Georgia senate bills 67, 68, 69, 71r 73r 74 and other bills aimed at restricting methods available to Augusta residents to exercise their right to vote or cause undue financial burden on voters. @eferred from the February 161 202l Commission Meeting; requested by Mayor Hardie Davis, Jr.) Mr. Mayor: The Chair recognizes Attorney Brown to speak to the resolution. Mr. Brown: Yes, sir. Mr. Mayor: Do you want to speak to the resolution what's in it? Mr. Brown: I can. I wasn't prepared, I thought you wanted to speak to it. Mr. Mayor: Well, I didn't have enough time to review it. Mr. Brown: Okay, all right, the Commission had requested at the last Commission meeting that this item be brought forth at this special called meeting due to the urgency of the Senate bills that are being proposed in the General Assembly. This is a resolution in opposition of Georgia Senate Blll 67, 68, 69, 71, 73, 74 and any other bills aimed at restricting methods available to Augusta residents to exercise their right to vote or cause any undue financial hardship to voters. Augusta by this resolution is reaffirming the importance of every citizen having a right to vote as being a fundamental and constitutional right and that no legislation should be enacted to hinder citizens' right to vote. Therefore Augusta is deciding today whether to resolve to oppose Georgia General Assembly Bills 67, 68, 69, 71, 73, 74 and any other bills that infringe upon the fundamental rights of citizens to exercise their right to vote. Mr. B. Williams: Mr. Mayor. Mr. Mayor: The Chair recognizes the Mayor Pro Tem. Mr. B. Williams: Motion to approve. Mr. Hasan: Second. Mr. Mayor: The Chair recognizes Administrator Donald. Mr. Donald: Yes, Mayor, I think we had just briefly spoken regarding making sure that all of the bills were included but the, just to follow up so that you have that confirmation because I know our State Department has asked about it, it is included because he called out those billnumbers but it also includes any other bills that support it so it's right on target and you,re righton it for observing that so it,s good. Mr. Mayor: Thank you. Voting. Motion carries 10-0. Mr. Mayor: The chair recognizes the commissioner from the 4ft. Mr. Sias: Thank you, sir. I wanted to speak before the vote was taken. I had my hand upbut it's irrelevant at this point. Mr. Mayor: All right, thank you. My apologies, sir. The Chair recognizes AttomeyBrown. 1. LEGAL MEETING A. Pending and potential litigation B. Real estate C. Personnel Mr. Brown: Mr. Mayor, commissioners, we request a motion to enter exeeutive session to discuss litigation, personnel and real estate. Mr. Garrett: So move. Mr. Frantom: Second. Mr. Mayor: Voting. Motion carries 10-0. Mr. Mayor: Thank you. we'll transition into closed session, everyone. IEXECUTTVE SESSTONI Mr. Mayor: Attorney Brown, all right, we're ready. Mr. Brown: We're on the floor? Mr. Mayor: We are on the floor. Mr. Brown: Thank you, Mr. Mayor, Commissioners. 2- Motion to authorize execution by the Mayor of the affidavit of compliance withGeorgia's Open Meeting Act. Mr. Brown: We request a motion to execute the closed meeting affidavit. Mr. Sias: So move. The Clerk: Is that Commissioner Dennis Williams? Mr. Frantom: Second. Mr. Mayor: Commissioner from the 4ft and the - The Clerk: The first I think, Mr' Jordan Johnson. Mr. Mayor: All right. Voting. Mr. Clarke out. Motion carries 9-0. Mr. Mayor: All right, the Chair recognizes Attorney Brown. Mr. Brown: We request a motion to approve settlement agreement and general release of claims and to adopt a resolution authorizing the settlement of all claims by Veronica Currid in the sum of $151500.00 and to authorize the Mayor to execute settlement documents and the Finance Department to disburse the settlement amount waiving Augusta, Georgia Code Ordinances in conflict in this instance only and for other purposes payable to the settlement agreement with the customary terms prepared by Augusta Law Department in the settlement agreement. Mr. Garreff: So move. Mr. Frantom: Second. The clerk: That was the Mayor Pro Tern Williams and Mr. Frantom. Mr. Mayor: Garrett and Frantom. Voting. Mr. Clarke out. Mr. Hasan vote No. Motion carries 8-1. Mr. Brown: Mayor. Mr. Mayor: Mr. Brown. Mr. Brown: Thank you. A motion to approve a settlement in the matter of BR Investment vs. Richmond County Board of Tax Assessors Case No. 2021RCCV00062 in the amount of $20'000 and authorize the transfer of the $201000 form contingency Fund to theLaw Department's setflement account for payment oi attorney fees. Mr. Frantom: So move. Ms. Scott: Second. Mr. Clarke out. Motion carries 9-0. Mr. Mayor: Next item, Attorney Brown. Mr' Brown: Yes, Mr. Mayor, as related in companion items I have three motions toread for adoptions of three .".ol..tior.. The first oie is motion to adopt and approve aresolution authorizing the settlement of all claims ry n.iara Anderson as parents and legalguardian of sage carthern in the aggregate amount of $4251000 and further authorizing theAdministrator to disburse the ariount of g425,000 waiving Augusta Georgia Code ofordinances sections in conflict with this matter inthis instance only as stated in the captionof the resolution' The other resolution number two is a motion io adopt and approve aresolution authorizing the settlement of all claims of Brandon A;;.;Jind Monique CodeAnderson as the pare-nts and Iegal guardian of Braxton Anderson, the claiman! in theaggregate amount of $801000 authorizing the Administrator to disburse said $g0r000 waivingAugusta code of ordinances sections in conflict for this instance only anJfor other purposesand finally a motion-to adopt and approve a resolution authorizing the settlement of allclaims by Briana Anderson in the aggregate amount of $75,000 and firther authorizing theAdministrator to disburse said $7Er0od waiving aug"rtr, Georgia code of ordinancesSections in conflict in this instance onry and ro. oine. p'urposes. Mr. B. Williams: So move. Ms. McKnight: Second. Mr. Mayor: Voting. Mr. Clarke out. Motion carries 9-0. Mr. Brown: There are no further motions to my knowledge, Mayor Davis. Mr' Mayor: Thank you. All right, I believe that's all the business before us, Madam clerk,and we'll proceed with commiuee meltings. IMEETING ADJOURNED] Lena J. Bonner Clerk of Commission CERTIFICATION: I, Lena J. Bonner, clerk of commission, hereby certifylfaJthe above is a true and correct copy of the minutes of the Called Meeting "i,fr" eugusta Richmond County Commission held on February 23,2027. Clerk of Commission Commission Meeting Agenda 3/2/2021 2:00 PM Minutes Department: Department: Caption:Motion to approve the minutes of the Regular Meeting of the Commission held on February 16, 2021 and the Special Called Meeting on February 23, 2021. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission, Authorities, & Boards Talent Bank Application Title First Name * Middle Name * Last Name * Suffix Date Of Birth* Address* Home Phone* Work Phone Registered Voter* Marital Status * Education* Race * Gender * Occupation* Interests Commissions, Authorities, & Boards Ms. STEFANIE E REED 2/10/1953 City Augusta State / Province / Region GA Postal / Zip Code 30904-4417 Country United States Street Address 1215 Winter St Address Line 2 7069220566 District 1 District 2 District 3 District 4 District 5 District 6 District 7 District 8 None Divorced Bachelors White Female retired gardening, animals, art, reading Volunteer For*Animal Control Board Click add below to apply for more than one board. * * Email I currently have relatives working for the City of Augusta Yes No I currently server on an Augusta Board, Commission, or Authority Yes No I would like to receive an email confirmation of my submission. Yes No stefanie.medalliontrans@gmail.com Clerk of Commission Commission, Authorities, & Boards Talent Bank Application Title First Name * Middle Name * Last Name * Suffix Date Of Birth* Address* Home Phone* Work Phone Registered Voter* Marital Status * Education* Race * Gender * Occupation* Interests Commissions, Authorities, & Boards Mrs. Brenda L. Garman 7/14/1952 City Augusta State / Province / Region GEORGIA Postal / Zip Code 30909 Country United States Street Address 1158 Brookstone Way Address Line 2 7067990548 District 1 District 2 District 3 District 4 District 5 District 6 District 7 District 8 None Married Masters White Female Retired RN Volunteer For*Augusta Richmond County Library Board Click add below to apply for more than one board. * * Email I currently have relatives working for the City of Augusta Yes No I currently server on an Augusta Board, Commission, or Authority Yes No I would like to receive an email confirmation of my submission. Yes No Commission Meeting Agenda 3/2/2021 2:00 PM Distreict 3 Appointments Department: Department: Caption:Motion to approve the appointment of Ms. Stefanie Reed to the Animal Service Board and Mrs. Brenda Garman to the Augusta Library Board of Trustees representing District 3. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 3/2/2021 2:00 PM District 1 appointment Department: Department: Caption:Motion to approve the appointment of Mr. Morris Porter to the Augusta Library Board of Trustees representing District 1. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 3/2/2021 2:00 PM District 5 Appointment Department: Department: Caption:Motion to approve the appointments of Kim Brown- Augusta Library Board; Chavas Boyd - ARC Board of Zoning Appeals; Earl Kelton - General Aviation Commission-Daniel Field; Marian Nanett Barnes-Augusta Personnel Board; Iris Angel Little - HCD Citizens Advisory; Ruby Johnson - Public Transit Citizens Advisory Board; Teresa Mills - Public Facilities; Kim Gaines- Canal Authority; Charles Givens - Riverfront Development Board and Alvin Mason - Augusta Port Authority representing District 5. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 3/2/2021 2:00 PM District 8 appointment Department: Department: Caption:Motion to approve the appointment of Ms. Anna Reeves to the Augusta Library Board of Trustees representing District 8. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: UPDATE 02/17/21 NAME OF BOARD DOWNTOWN DEVELOPMENT AUTHORITY Members Seat Appointment Effective Expires Stephen King (1) 02/05/21 Immediately 12/31/2022 James Heffner (2) 03/03/20 Immediately 12/31/2023 Jack W. Evans (3) 03/06/18 Immediately 12/31/2021 Scylance B. Scott (4) 05/03/11 Immediately 12/31/2014 Jane Ellis (5) 03/03/20 Immediately 12/31/2022 John Clarke (6) 01/06/21 Immediately 12/31/2023 Ashanti Lilley (7) 02/16/21 Immediately 12/31/2024 MEETING DATE: Second Thursday each month 8:30 A.M. WHERE: No. 1 Tenth St., Suite 430 FUNCTION: For the purpose of financing the acquisition, construction and equipping of property, both real and personal, and the acquiring and leasing of projects, by it in furtherance of revitalizing and redeveloping the central business district of the City of Augusta CREATED: The Downtown Development Authority of the City of Augusta is a public body corporate and politic created under the Downtown Development Authorities Law (O.C.G.A. Section 36-42-1, et seq. As amended with the power and authority to issue interest-bearing revenue bonds in accordance with the applicable provisions of the Revenue Bond Law of the State of Georgia (O.C.G.A. Sections 38- 82-60 through 36-8285) O.C.G.A. 49-3-1; GENERAL INFORMATION Seven (7) directors to be appointed by the governing body of the Municipal Corporation. CONTACT: Margaret Woodward, Executive Director, phone (706)-722-8000 Commission Meeting Agenda 3/2/2021 2:00 PM Appt. Downtown Development Authority Department: Department: Caption:Motion to approve the appointment of Rev. Anthony Booker to the Augusta Downtown Development Authority. (Requested by Commissioner Jordan Johnson) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: UPDATE 01/06/21 NAME OF BOARD: COMMUNITY SERVICE BOARD OF EAST CENTRAL GEORGIA MEMBERS Term Appointment Effective Expires **Lonnie Showman 3-yr 04/16/19 Immediately 6/30/2022 **Franklin McPhail 3-yr 11/21/17 Immediately 6/30/2020 ***Brandon Garrett 3-yr 01/06/21 Immediately 6/30/2023 *Susie Felz 3-yr 07/01/17 Immediately 6/30/2020 MEETING DATE: Fourth Tuesday of the month, 6:00 PM WHERE: Mental Health Center, 3421 Mike Padgett Highway CREATED: House Bill 100 FUNCTION: Govern publicly funded disability services programs. CONTACT: Lonnie Showman, Chairperson Yvonne Lewis Community Service Board of East Central Georgia 706/432-4891 APPOINTMENTS: (2) Resident Board Positions appointed by the Governing Authority (1) Resident Board Position appointed by the CSB (2) Elected/appointed official from Richmond Cty. Appointed by the Governing Authority *Appointed to unexpired one year left on current term (2011-2014) and appointed to new 3-yr term. Appointed by CSB [1] At-large/optional seat appointed by the board itself under the 2014 statute. [1] Richmond County elected or appointed official; to be treated as a vacancy effective as of July 1, 2014. **Holdover status appointment in the middle of a term. ***- Filled unexpired term of Commissioner Andrew Jefferson Commission Meeting Agenda 3/2/2021 2:00 PM Community Service Board Franklin McPhail Department:Community Service Board Department:Community Service Board Caption:Consider recommendation from the Community Service Board of East Central Georgia d/b/a Serenity Behavioral Health System to reappoint Dr. Franklin E. McPhail. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 3/2/2021 2:00 PM Commissioners resuming to chambers (in-person). Department: Department: Caption:Discuss commissioners resuming to chambers (in-person). (Requested by Commissioner Catherine Smith McKnight) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 3/2/2021 2:00 PM Augusta Richmond County Chief Appraiser Selected Department:Board of Assessors Department:Board of Assessors Caption:The Richmond County Board of Assessors requests the ratification of the contractual agreement with Mr. Scott Rountree who was selected by the Board as the new Chief Appraiser for the Property Appraisal Office during a called meeting on Friday, January 29, 2021. Background:The former Chief Appraiser, Mr. Alveno Ross, retired. His last work day was Friday, January 29, 2021. The newly-named Chief Appraiser, Mr. Scott Rountree, will begin executing the duties of the Chief Appraiser upon ratification of the contract and the processing of the appropriate documents to the Human Resources Dept. Analysis:N/A Financial Impact:CONTRACTUAL SALARY/TERMS- APPROX. $140,000 ANNUALLY, PLUSE BENEFITS IN ACCORDANCE WITH THE CONTRACT. Alternatives:N/A Recommendation:Approve the Board of Assessors' contract for newly-selected Chief Appraiser, Mr. Scott Rountree. Funds are Available in the Following Accounts: Approx. $140,000 annual salary, plus benefits -in accordance with the contract terms. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Wzqtrtr-qb?/ / Pnsronal Airport (706) 798-3236 ' (7061 798-ll'rnl fax . 150I r\futirn\t'ry . j\trLrHtn, {irlrgiu:10S06 . r$TllrglstuR(gipurlAiqxrlt.rour DATE: February 25,2OZt STAFF RESOURCE: Diane Johnston, Director of Marketing & Business Development PROJECT TITLE:AU Health Air Care LLC Land Lease I ACTION REQUESTED: Approve land lease agreement with AU Health Air Care LLC for a 51,020 square foot parcel of land north of the Georgia State Patrol hangar. BACKGROUND: Augusta University Health recently contacted Airport staff with a request to lease approximately 61,020 square feet of land for the purpose of constructing a hangar to house an air ambulance service. They plan to construct a hangar to house staff which will provide rapid transport via dedicated, highly skilled clinical crews, who will be available for scene response and interfacility transport to the region,s only Level 1 Trauma Center. The hospital-based program will be staffed by AU Health clinicians and Metro Aviation pilots and technicians. The service will be a 24 hour/365 day rotary (helicopter) wing medevac service. This rotary wing service has the possibility of expanding to additional fixed wing service in the future. overall, this operation may generate upwards of 25 Airport jobs. AU will be investing approximately $10 million in the project. Due to the size of their investment, they are asking the County to waive the Extraordinary Termination clause which states: 1. Extraordinary Termination Right.(a) Owner shall have the right to direct Lessee to terminate the Lease in the event that owner should determine that it is in the best interests of those who reside within Owne/s borders for the Lease to be terminated. Examples of situations in which such determination might be made include, but are not limited to, Owner's decision to repurpose the Property for another use. Such termination shall be effective as provided in the Lease.(b) lf termination of the Lease pursuant to this Section A (1Xa) above is effective prior to the(-th) anniversary of the Commencement Date, then Owner shall compensate Lesseefor its unrecovered Verified Cost of the Permanent lmprovements in an amount determined as provided in the Lease. ANALYSIS: A new air ambulance operation on Airport will help to diversify airport revenue streams and provide some new high paying jobs in the area. Additionally, this will further strengthen the strong partnership already in place between AU and the Augusta Regional Airport. Monthly lease fee for the 61,020 square feet of land will be approximately S1,779.75 dependent upon the final acreage as surveyed. Ms. Rachel Mack, Airport Attorney, has reviewed and approved the lease agreement. STATE OF GEORGIA RICHMOND COUNTY AUGUSTA REGIONAL AIRPORT PROPERW LEASE AGREEMENT THls PROPERT LEASE AGREEMENT ("Lease"), made as of the date of the last of the parties, signatures below (hereinafter referred to as the "!ffective Date"), between the AU Health AirCare, LLC, a Georgia limited liability company (hereinafter referred to as "Lessee"), and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, acting by and through its Augusta Aviation Commission (hereinafter referred to as "Lesso/'). WITNESSETH: WHEREAS Lessor is the owner of certain land in Augusta, Georgia located within the Augusta Regional Airport (hereinafter "Airport"); and wHEREAS Lessee desires a lease to certain property located at the Airport, and to obtain certain rights in connection therewith, more fully described hereinafter, for the initaal purpose of constructing and maintaining a facility related to air ambulance services; and WHEREAS Lessor deems it advantageous to itself and to the operation and devetopment of the Airport to lease the premises described below, upon the terms and conditions hereinafter set forth; NOW, THEREFORE, in consideration of the above-mentioned property and the terms and conditions hereinafter set forth, the sufficiency of which is acknowtedged by each Party, Lessor and Lessee agree as follows: ARTICI.E I PREMISES Lessor hereby lets and demises to Lessee for its exclusive use, subject to existing easements and right of ways, a parcel of land situated at the Augusta Regional Airport having an area of approximately sixty-one thousand and twenty (61,020) square feet, as identified in Exhibit "A," attached hereto and hereinafter referred to as "the property." Lessee shall have the right, exercisable within the first five (5) years of the Term upon at least thirty (30) days' written not:ce to Lessor, to add to the Property and to lease the area of the Airport immediately adjacent and to the west of the Property as shown on Exhibit "A" to the Lease, at the same Page I rental rate and all other terms and conditions as contained in this Lease. The parties shall prepare and execute an appropriate Lease amendment to document any such expansion' ARTICIE II REPRESENTATIONS AND UNDERTAKINGS Reoresentations bv the Lessor. Lessor makes the following representations and warranties as the basis for the undertakings on its part herein contained: L. Creation and Authoritv. Lessor is a political subdivision of the State of Georgia. Lessor is the owner of the Property referenced herein below. Lessor has all requisite power and authority to lease the same to the Lessee, enter into and perform its obligations under, and to exercise its rights under this Lease. 2. Lessor warrants to Lessee, that Lessor has the right to execute this lease and to convey the rights herein granted, and Lessor will defend the said rights to Lessee, its successors and assigns, against all claims. 3. Lessor warrants and covenants as the basis for the undertakings on its part herein contained: (i) As of the Effective Date, all governmental and quasi-governmental approvals required for the making of this Lease and the exercise by Lessee of the rights granted to Lessee hereunder have been obtained; {ii) the Property is free of defects or restrictions that would materially and adversely impede the exercise of the rights granted under this Lease; and (iii) the Property currently has, and shall have throughout the Term, direct vehicular access to and from the nearest public right of way. B. Representations bv the Lessee. Lessee makes the following representations and warranties as the basis for the undertakings on its part herein contained: L. Organization and Power. Lessee is a limited liability company and has all requisite power and authority to enter into this Lease, perform its obligations, and exercise its rights under the same. ?age2 2' Asreements are Legal and Authorized. Lessee warrants that the consummation of the transactions herein contemplated, and the fulfillment of or the compliance with all of the provisions hereof (i) are within the power, legal right, and authority of Lessee, (ii) have been duly authorized by all necessary and appropriate action on the part of Lessee, (iii) have been duly executed and delivered on the part of Lessee, (iv) are legal, valid and binding as to Lessee, subjea to bankruptcy, moratorium and other equitable principles, and (v) will not conflicl with or constitute on the part of Lessee a violation of, or a breach of or a default under, any charter instrument, bylaw, indenture, mortgage, deed to secure debt, pledge, note, lease, loan, installment sate agreement, contract, or other agreement or instrument to which the lessee is a party or by which Lessee or its properties are otherwise subject or bound which would have a material adverse impact on the Lessee's ability to perform its obligations hereunder, or any judgment, order, iljunction, decree, or demand of any court or governmental agency or body having jurisdiction over the Lessee or any of its activities or properties. ARTICLE III LEASING CLAUSE A. Lessor, for and in consideration of the Public Benefit, the performance to be rendered to or for the benefit of Lessor by Lessee, and the other benefits to be received by Lessor and the members of the public residing within the borders of Lessor as result of this Lease, hereby leases and demises to Lessee, as a leasehold estate, and Lessee, for and in consideration ofthe covenants and agreements herein contained to be kept or performed by Lessor, hereby leases from Landlord, as a leasehold estate, and subject to and in accordance with the terms and conditions of this Lease, the property. a. During any subleases duly authorized under this Lease, the leasehold estate shall be limited to the leasehold estate necessary for Lessee to grant to sublessees its usufruct under the subleases, with such other interests, estates, rights, power and authority as may be necessary for Lessee to perform said subleases; without limitation, the right ofthe sublessees to use and occupy the property. B' That for and in consideration of the sum of thirty-five cents (50.35) per square foot paid by Lessee to lessor each year, paid on a monthly basis, and the mutual agreements contained herein, and subject to the terms and conditions hereinafter stated, Lessor has this day leased to lessee, its successors and assigns, and the Lessee has leased from Lessor, its successors and assigns, an approximately sixty-one thousand and twenty {61,020) square foot parcel of land, identified in Exhibit "A," attached hereto and hereinafter referred to as "the Property", the property being located at the Page 3 Airport; provided, however, that no sum shall be payable untilthe date occurring one hundred and eighty (180) days after the Effective Date (the "Rent Commencement Date")' C. The foregoing lease rate will be increased every year on the anniversary of the Rent Commencement Date by the amount of three percent poAl of the then-current lease rate. Airport reserves the right to have the Property independently appraised after twenty-five (25) years to evaluate fair market value for the Property in keeping with FAA guidance. lf the Lessee so desires, Lessee will have the right to commission an independent appraisal at their expense. The two appraisals will be averaged to determine a new lease rate if applicable. Any increase in the lease rate shall be capped at 10% of the lease rate applicable during the twenty-f:fth (25th) year of the Term. Any fair market adjustment as described above shall apply during the twenty-sixth (25th) year of the Term. Thereafter, Lessor will have the right to reappraise the property during the final year of each subsequent renewal option, under the same process and parameters as described above (appraisal to be independent, Lessee right to its own independent appraisal and averaging of rates, and any increase capped at 10% of the preceding year's rate). Any fair market adjustment shall apply during the first year of the applicable renewal option. The lease rate will be increased every subsequent year on the anniversary of the Rent Commencement Date by the amount of three percent (3%) of the then-current lease rate. D. Permitted lmprovements. . Notwithstanding anything in Section A of Article Vll or anything else in this Lease to the contrary, Lessor further agrees that Lessee may install and construct improvements on the Property in accordance with Airport guiding documents, i.e. Rules Governing Use of the Augusta Regional Airport at Bush Field, Augusta Aviation Commission Development Standards, federal, state, and local laws and ordinances' ARTICLE IV TERM; POSSESSION A. Effective Date: Lease Term; Default. This Lease shall become effective upon the Approval Date, for a period ending on the day immediately preceding the date that is twenty-five (25) years from the Rent Commencement Date, unless renewed as provided for below (such period, including any renewals, the "Term"). Term Extension Options: This Lease Agreement may be renewed by Lessee, at Lessee's option, provided that no Event of Default is then currently outstanding or occurring, for five (5) successive five (5) year periods, at the rate contained above in Article lll. Said renewal notice shall be given in writing Page 4 to Lessor at least one hundred eighty (180) days prior to the expiration of the then-current Term. Upon expiration of the Term, Propefi will revert to Airport as identified in Article Vl E. Reversion Clause. Lessee will have the first right of refusal at the subsequent lease on the property. 1. Event of Default bv Lessee: Remedies. Upon the occurrence of an "Event of Default" under this Lease, the Parties shall have all rights and remedies available at law or in equity and the right to terminate this Lease upon the other Party's failure to cure. The following shall be deemed an "Event of Default" of this Lease upon the occurrence thereof: (a) The failure of Lessee to pay when due any rent payable pursuant to this Lease, if such failure remains un-remedied for a period of 15 days after written notice thereof from Lessor; (b) Lessee's default in the observation or performance of any covenant or obligation hereunder and the failure of Lessee to remedy such default for a period of 35 days after receipt of written demand from Lessor to remedy the same. Said demand is not effective unless it specifically describes the default that is the subject of the demand. lf Lessee commences, within the foregoing 35 day period, corrective action with respect to said default and is diligently pursuing the same, the deadline by which the default must be remedied shall be extended by not more than 10 days, to allow reasonably sufficient time for Lessee to correct the default, Should Lessee need additional time to correct the default, they must provide the details in writing with a request for extension to the Augusta Aviation Commission for review and approval, which approvalshall not be unreasonably withheld; (c) The commencement by or against Lessee, as a debtor, of a proceeding under the Bankruptcy Code or any other bankruptcy, arrangement, reorganization, receivership, custodianship or similar proceeding under any federal, state or foreign law, and such proceeding is not dismissed with prejudice within 60 days of such filing; (d) Lessee makes a general assignment for the benefit of creditors or applies for, consents to, or acquiesces in the appointment of a trustee, receiver, or other custodian for Lessee or the property of Lessee or any part thereof, or in the absence of such application, consent, or acquiescence, a trustee, receiver or other custodian is appointed for Lessee or the property of Lessee or any part thereof, and such appointment is not discharged within 60 days; (e) The commencement of an action against Lessee to foreclose any lien or mortgage or other rights of Lessee in or to the Property (excluding foreclosure of a Leasehold Mortgage Page 5 in accordance with Section 5 of Article V) and the continuation thereof unless a dismissal or termination of such action is made within 30 days. {0 The abandonment by Lessee of the Property (as described in Section F of Article Vl), except in connection with its surrender thereof to an approved assignee, sublessee, mortgagee or other party properly succeeding to Lessee's interest hereunder. (g) The failure to fulfill any requirements or provisions that are stated to be an "Event of Default" in any Section or Sub-Section of this Lease. Upon an Event of Default by Lessee as set forth above Lessor may give Lessee written notice of its intention to terminate this Lease, which termination shall be effective 30 days after delivery of said notice. Provided, however, that the notice of intent to terminate shall be of no force or effect if Lessee shall have remedied the breach prior to the termination date described therein, Upon such termination Lessee's rights, including the rights of any sub-lessee, to possession of the Property shall cease. Any terrnination under this section must be expressly noticed as set forth herein, and neither notice to pay rent or to deliver up possession of the Property given pursuant to law, nor any proceeding instituted by Lessor, nor the failure by Lessee for any period of time to pay any of the rent herein reserved, shall of itself operate to terminate this Lease. Any lease of office or other space on or in any improvement constructed or placed on the Property shall provide for termination thereof in the event Lessor terminates this tease pursuant to this section. All personal prope*y on the Property after termination of this Lease shall be deemed abandoned by Lessee and subject to removal by Lessor. Lessee shall save Lessor harmless and reimburse Lessor for any costs, loss or damages occasioned by the removal of personal property as authorized under this Lease, 2. Event of Default by Lessor; Remedies. Lessor shallbe deemed in material breach of this Lease upon the occurrence of any of the following: (a) Lessee, for a period of 30 consecutive days, unable to use the Property because of any law, rule, regulation or other action or failure to act on the part of any governmental authority having jurisdiction over the Property or the Airport, provided the inability to use the Property is not due to an act or omission of Lessee, its representatives, successors and assigns, and is within the control of Lessor; or Page 6 (b) Lessor's default in the observation or performance of any covenant or obligation hereunder and the failure of Lessor to remedy such default for a period of 30 days after receipt of written demand from Lessee to remedy the same. said demand is not effective unless it specifically describes the default that is the subject of the demand. lf Lessor commences, within the foregoing 30 day period, corrective action with respect to said default and is diligently pursuing the sarne, the deadline by which the default must be remedied shall be extended to allow reasonably sufficient time for Lessor to correct the default, Upon material breach by Lessor as set forlh above, Lessee may give Lessor written notice of its intention to terminate this lease, which termination shall be effective 30 days after delivery of said notice' Provided, however, that the notice of intent to terminate shall be of no force or effect if Lessor shall have remedied the breach prior to the termination date described therein. 3. Remedies Cumulative; No lmplied Waiver. All rights and remedies of Lessor and Lessee contained in this Lease, or based in law or equity shall be construed to be cumulative, and no such right or remedy shall be exclusive of any other unless so stated herein. No waiver of any default or breach of this Lease shall be implied from any acceptance by Lessor of any rent or other payments due hereunder or any omission by Lessor or Lessee to take any action on account of such default or breach if such default or breach persists or is repeated, and no express waiver shall be effective in a manner other than as expressly specified in said waiver. The consent or approval by Lessor to or of any act by Lessee requiring Lessor's consent or approval shall not be deemed to waive or render unnecessary Lessor's consent or approvalto or of any subsequent similar acts by Lessee' No waiver by either party of the other party's default or breach of any of its obligations hereunder shall be construed to be or act as a waiver by the non-defaulting/breaching party of any subsequent default or breach by the defaulting/breaching party. B. Notwithstanding any expiration or term ination of this Lease, those covenants and obligations that are stated herein shall survive the expiration or termination of this Lease. C. Deliverv of Possession. Lessee shall, commencing with the Effective Date of this Lease, have possession, custody, and control ofthe Property as it exists on such date, and the Lessee hereby accepts such possession, custody, Page 7 and control "as is." Lessor covenants and agrees that it shall not take any action, permit others to take any action, or omit to take any action and/or permit others to omit to take any action to prevent Lessee from having peaceful possession and quiet enjoyment of the Propeny during the Lease term. Lessor shall, at the request of Lessee, cooperate with Lessee to ensure that Lessee has peaceful possession and quiet enjoyment of the Property. D. Acceptance of Possession. Lessee warrants that it has inspected the Property and, subject to the express representations and warranties made by Lessor in this Lease, accepts possession of the Property and the improvements thereon "as is" in its present cond:tion, and subject to all limitations imposed upon the use thereof by the rules and regulations of the Federal Aviation Administration (FAA), Transportation Security Authority (TSA), Laws of the State of Georgia, and by ordinances of Lessor, and admits its suitableness and sufficiency for the uses permitted hereunder. E. Quiet Eniovment. Ingress and Esress. Lessor covenants and warrants that Lessee, as long as Lessee shall pay the rent herein stipulated and shall perform the duties and obligations herein agreed to be performed, shall peaceably and quietly have, hold, and occupy and shall have the exclusive use and enjoyment of the Property during the term of this Lease and any extensions thereof, including but not limited to ingress and egress for Lessee and its employees, F. Entry upon Propedv. Lessor may enter upon the Property upon reasonable notice and may be escorted at Lessee's option, for any purpose necessary, incidental to or connected with the exercise of its governmental functions, or to inspect the Property for compliance with all applicable laws, rules, regulations and covenants hereunder orto plevent waste, loss or destruCtion. ARTICLE V Page 8 FINANCING Lessor shall consent to a mortgage or deed of trust on Lessee's leasehold interest hereunder (,,Leasehold Mortgage") granted to a lending institution to secure a loan ("Leasehold Mortgagee,,), the proceeds of which will be used entirely to pay for the construction of improvements on the property and related costs, provided that the language of any such mortgage or deed of trust that requires the execution, approval, or consent of Lessor and of all related documents that require the execution, approval, or consent of lessor shall be subject to the prior review and approval of legal counsel for Lessor. ln no event shall the land comprising the Property be subject to mortgage or otherwise encumbered as security for any obligation of lessee, l'. Rieht to Cure. Lessor shall give to such Leasehold Mortgagee a copy of each notice of default at the same time as any such notice shall be given by Lessor to Lessee, such copy to be addressed to Leasehold Mortgagee at the address last furnished to lessor. Lessor shall accept performance by a Leasehold Mortgagee within the following periods of any obligation to be performed by Lessee under this Lease, with the same force and effect as though timely performed by Lessee: (i) As to any rent and other sums payable under the lease, within ten (10) days after written notice from Lessor that Lessee has not cured such default within the cure period provided in the Lease. (ii) As to all other defaults, within thirty (30) days after written notice from Lessor that Lessee has not cured within the applicable period provided in the Lease , or, if within such additional thirty (30) -day period such default cannot be cured, to commence to so cure within such thirty (30) -day period and diligently and continuously proceed therewith to completion. ln addition, in those instances that reasonably require any Leasehold Mortgagee to be in possession of the property to cure any default by Lessee, the time allowed any Leasehold Mortgagee to cure any default by Lessee shall be deemed extended to include the reasonable period of time required by any Leasehold Mortgagee to obtain such possession of the Property with due diligence, and in those instances in which any Leasehold Mortgagee is prohibited by any process or injunction or any bankruptry or insolvency proceeding involving Lessee from commencing or prosecuting foreclosure or other appropriate proceedings in the nature thereof, the time herein allowed any Leasehold Mortgagee to prosecute such foreclosure or other proceeding shall be extended for the period of such prohibition; provided that, in either such instance, Page 9 such Leasehold Mortgagee rnakes payments of rent and any other monetary payments to Lessor in accordance with the terms and within the time frames set forth in the Lease. (iii) As to any default with respect to which a Leasehold Mortgagee is without the legal power to cure by payment or performance, a Leasehold Mortgagee shall have thirty (30) days after receipt of written notice from Lessor of such default within which to give Lessor written notice that the Leasehold Mortgagee elects to become the tenant under this Lease in the place and stead of Lessee on all the terms, covenants, and conditions provided in this Lease and shall pay to Lessor all expenses and reasonable attorney fees incurred by Lessor in connection with such Event of Default. 2. Not an Assienment. The execution and delivery of any Leasehold Mortgage shall not be deemed to constitute an assignment or transfer of this Lease, nor shall a Leasehold Mortgagee, as such, be deemed an assignee of this Lease so as to require such Leasehold Mortgagee to assume the performance of any of the terms, covenants, or conditions on the part of Lessee to be performed hereunder, 3. No Modifications. Anything herein contained to the contrary notwithstanding, Lessor and Lessee mutually agree that as long as there exists an unpaid Leasehold Mortgage on the leasehold estate of Lessee, this Lease or any renewal thereof shall not be modified, amended, or altered and Lessor shall not accept a surrender of the Property or a cancellation of this Lease (provided a Leasehold Mortgagee remedies any Event of Default as provided in this Article) before the expiration or sooner termination thereof, without the prior written consent of Leasehold Mortgagee. 4. Estoooel Certificate. Lessor agrees for the benefit of any Leasehold Mortgagee that at any time, and from time to time, on not less than twenty (20) days' prior notice from Lessee or from a Leasehold Mortgagee, to deliver a certificate to Lessee and to the Leasehold Mortgagee statinB that this Lease is unmodified (or, if there have been modifications, setting them forth) and in full force and effect, the dates to which Rent and other charges have been paid, and that either Lessee is not in default in the performance of any of the terms or provisions of this Lease or, if there are defaults, specifying the nature thereof with sufficient particularity that Lessee and the Leasehold Mortgagee will know the nature of the acts that must be performed and the amounts of the payments that must be made to cure any such defaults, it being agreed that any such certificate delivered pursuant to this paragraph may be relied on by any prospective assignee of Lessee's interest in this Lease or by any Leasehold Mortgagee or prospective Leasehold Mortgagee. Page l0 5. Requirements' The foreclosure of a Leasehold Mortgage, or any sale thereunder, whether by judicial proceedings or by virtue of any power contained in any Leasehold Mortgage, or any conveyance of the leasehold estate created hereby from lessee to any Leasehold Mortgagee or its affiliate through, or in lieu of, foreclosure or other appropriate proceedings in the nature thereof, shall be subject to all notice provisions required under Federal, Georgia or Local Law, and not breach any provision of or constitute an Event of Default under this lease, and on such foreclosure, sale, or conveyance, Lessor shall recognize any Leasehold Mortgagee or such affiliate or designee of any Leasehold Mortgagee, or any purchaser at such foreclosure sale, as Lessee hereunder; however, such recognition shall be conditioned upon notice being provided and the execution of documents that are required by tederal, Georgia or Local Law and cannot be waived by Lessor. ARTICLE VI OBLIGATIONS OF LESSEE A.Utilities. Lessee shall pay for a ll maintenance and monthly service for water, electriclty, sewer, gas and/or other utilities used on the Property throughout the term of this Lease. However, Lessee shall be allowed to connect to the utility service(s) available to the Prope(y, and Lessor shallgrant to all utility companies such easements as may be necessary to furnish said utilities to the property. B. Maintenance and Repair. Except as may othenryise be provided for herein, the Lessor shall not be obligated to maintain or make any improvements, repairs, or restorations upon or to the Property or to any of the improvements presently located thereon. Lessor shall not have any obligation to repair, maintain, or restore, during the term of this Lease, any improvements placed upon the Property by Lessee, its successors and assigns. C. Lessee shall, throughout the term of this Lease, assume the entire responsibility, cost, and expense for all repair and maintenance whatsoever on the Property, whether such repair or maintenance be ordinary or extraordinary, structural or otherwise, and shall keep improvements thereon in a good workmanlike manner. Additionally, Lessee, without limiting the generality hereof, shall: Page I I 1, Keep at all times, in a clean and orderly condition and appearance, the Property, all improvements thereon, and all of the Lessee's fixtures, equipment, and personal property which are located on any part of the Property; 2. Provide and maintain on the Property all lights and safety equipment as required by law; 3. Repair any damage caused by Lessee or its invitees, employees, or contractors to paving, soils, water or other parts of the Property caused by any oil, gasoline, Srease, lubricants, solvents, flammable liquids, or substances having a corrosive or detrimental effect thereon, and remediate any release caused by Lessee or any of its invitees and/or contractors of any substance that has a harmful effect on human health or the environment as determined by any regulatory agency; 4, Maintain any landscaped areas on the Property; 5. Be responsible for the maintenance of all utility service lines placed on the Property and used by Lessee exclusively, including but not limited to, water lines, gas lines, electrical power and communications/lT connections, and lines for sanitary sewers and storm Sewers; 6. Be solely responsible for maintaining the building on the Property, including specifically but not exclusively, the roof, structures, heating, air conditioning, plumbing, and electrical facilities located therein in good working condition and state of repair at alltimes during the Lease Term. D. Limitations on Use. ln connection with the exercise of its rights under this Lease, Lessee shall not: 1.. Do or permit its agents, employees, contractors, directors, or officers to do anything at or about the Airport that may interfere with the effectiveness or accessibility of the drainage and sewage system, electrical system, air conditioning system, fire protection system, sprinkler system, alarm system, and fire hydrants and hoses, if any, installed or located on or within the Property of the Airport. 2. Do or permit its agents, employees, contractors, directors, or officers to do any act or thing upon the Airport that will invalidate or conflict with any fire or other casualty insurance policies covering the Airport or anY part thereof. 3. Dispose of any waste material or products {whether liquid or solid) taken from or used with respect to its aircraft or equipment into the sanitary or storm sewers at the Airporl unless such Page 12 waste rnaterial or products are disposed of in full and complete compliance with all Federal (including the U'S. Environmental Protection Agency), state, and county laws for disposal of such waste material and products. 4. Keep or store, at any time, flammable or combustible liquids except in storage facilities especially constructed for such purposes in accordance with Federal, State, and County laws, including the Uniform Fire Code and the Uniform Building Code. For purposes of this Lease, flammable or combustible liquids shall have the same definitions as set forth in the most recent Uniform Fire Code. 5. Do or permit its agents, employees, thing upon the Airport that will be in conflict with certificate. contractors, directors, or officers to do any act or CFR Part 139 or jeopardize the Airport,s operating 5' Do or permit its agents, employees, contractors, directors, or officers to do any act or thing in conflict with the Airport's TSA-approved Security plan. E. Reversion Clause Upon expiration or termination of this Lease, the ownership of the building(s) and other improvements on the Property shall be determined as follows: All improvements on the Property upon termination of this Lease shall become the property of Lessor. Prior to or lmmediately upon Lease termination, Lessee shall execute all documents necessary to effectuate the transfer to Lessor of ownership of the improvements on the property free and clear of all liens and encumbrances. ln the alternative, and at Lessor's sole discretion, Lessor may require demolition and removal, by Lessee and at Lessee's expense, of all improvements on the property. ln the event demolition and removal of improvements is required by Lessor, all demolition and removal shall be fully completed by Lease Termination and Lessee shall upon Lease termination peaceably surrender possession of the Premises to Lessor in its pre-improvement condition. F. Abandonment of the prooertv. Lessee agrees not to abandon or vacate the Property during the term of this Lease and agrees to use the Property for the purpose herein stated until the expiration or earlier termination of this Lease in Page 13 accordance with the terms of this Lease, provided that no abandonment or vacating shall be deemed to have occurred as long as Lessee meets its maintenance and rental payment obligations hereunder. G. Storaee and Purchase of Gasoline and Fuels' It is understood and agreed by the Parties hereto that Lessor has reserved unto itself exclusive control of the storage and sale of all aviation fuel ("Fuel") on or about :he Airport, except as specifically provided for herein. The Airport hereby authorizes Lessee to operate a Fuel trailer to be positioned at a designated location within the Property so that for Lessee's pilots to self-fuel thelr aircraft. Lessee must purchase Fuel for theirtrailer from the Airport and cannot bring Fuel from any outside source onto the Airport. The existence of a Lessee-owned self-fueling rig on site will not prevent Lessee from purchasing full-service Fuel from the Airport at any time. All pilots/persons fueling aircraft are required to provide documentation that they have been through a certified fueling safety training course such as that provided by NATA. Lessee will be required to provide a Spill Prevention, Control and Countermeasure Plan to the Airport Executive Director prior to positioning and placement of a Fuel trailer. H. Ooerational Reouirements and Procedures" The following Standard Operating Procedures govern the operatlon of all Lessee operations at the Airport including, without limitation, restricted areas and roadways: 1. All persons shall comply with the provisions of the Rules Governing Use of the Augusta Regional Airport, the Rules and Regulations pertaining to Vehicle/Pedestrian Operations on the Airfield, and the Airport Security Program, which are incorporated by reference herein as if fully set forth. 2. Vehicle and Aircraft Operators shall comply laws, ordinances, orders, signals, and directives given by Officials, Airport Representative, and traffic control devices. rrith all applicable Federal, State, County the Executive Director, Law Enforcement 3. No person shall solicit business at the Airport outside the Property. 4. No pictures, advertisements, or solicitation flyers shall be posted on the Airport premises outside the ProPertY. Page 14 5. Lessee shall keep all doors and gates providing access to any part of the restricted area closedandlockedatall times. Lesseeisresponsibleforthesecurityoftheirleasedareaandforaccess through their leased doors and gates. l. Pedestrian/Ground Vehicle Ooerations Requirements. Lessee employees operating inside the restricted area shall: 1' Comply with provisions of the Airport's Ground Vehicle/Pedestrian Operations Operating Rules and Regulations. 2. Maintain the necessary licenses for the operation of their vehicles at all times. 3. Lessee's employees that have access to the Airport Operations Area (AOA) shall obtain an Airport-issued badge ("Badge") and complete the appropriate Security and Ground Vehicle/pedestrian Operations training classes (initial and recurrent) provided by the Airport prior to operating unescorted in the AOA, i.e., restricted area or any secured area of the Airport. J. Vehicle Requirements. Lessee's vehicles operating within the restricted area shall be operated and equipped in the following manner: 1. Have proper registration in the State of Georgia. 2. Have an Airport-approved company sign/placard conspicuously located on each side of the vehicle, either magnetically or permanently adhered. 3. Be equipped with operating amber rotating beacon, or equivalent, mounted on top of vehicle either magnetically or permanently. 4. Be in sound mechanical condition with unobstructed forward and side vision from the drive/s seat. 5. Have operable headlamps and brake lights. 6. Lessee's employees operating vehicle within Airport's restricted area shall comply with ali vehicle/driver requirements as described herein and with provisions of the Airport,s Ground Vehicle/Pedestrian Operations and Operating Rules and Regulations. Page 15 7. Personally Owned Vehicles (POVs) are strictly prohibited in the restricted area without prior Airport authorization. . Restricted Area. 1.Definitions. The Airport Operations Area (AOA) is defined as any area of an airport used or intended to be used for landing, takeoff, or surface maneuvering of aircraft. The AOA includes such paved areas or unpaved areas that are used or intended to be used for the unobstructed movement of aircraft in addition to its associated runway, taxiways, or apron. Restricted Area is defined as any area of the Airport not open to the general public. The area open to the public includes the public roads and sidewalks, the terminal lobby, restrooms, and places for public gathering, waiting, and viewing. Restricted areas include AOAs and airtield areas. Access to restricted areas is controlled. Personnel accessing restricted areas rnust be authorized as described below. Airoort Badse. 1. lf Lessee's employees are permitted unescorted access in the restricted area, they are required to obtain an Airport Badge prior to operating unescorted in the AOA. 2. Lessee shall ensure that all persons performing operations in the AOA and associated with Lessee's activities shall be properly badged or escorted' 3. Lessee's badged employees are required to escort their own passengers and other unbadged personnel at all times while inside the AOA. Lessee's badged employees shall remain with unbadged personnel until personnel are escorted by aircraft pilot or another badged escort. a. b. 4. Airport Badge authorizes the bearer unescorted access to footprint of their hangar/building and their aircraft only. The Badge does not operate a vehicle in the AOA or access any other area of the AOA on foot. and transit between the authorize the individual to Page 16 5' To qualify for a Badge, each individual must satisfy and complete Transportation Security Administration (TsA) background investigations and badge training consistent with TSA, Department of Transportation {DOT) and Federal Aviation Administration (tAA) regulations, including but not limited to, those rules promulgated by 49 u.s.c. Part 1540, civil Aviation Security and 4g U.S.c. part 1552, Airport Security. This may include collection of appropriate criminal history information, contractual and business associations and practices, employment histories, and reputation in the business community. Lessee consents to such inquiries and agrees to make available to the Airport such information in its possession as lawfully required by the Airport, FAA, TSA or any other federal agency for the purpose of operating under this Lease. Such information shall be maintained by the Airport in the manner prescribed by applicable federal regulations. 5. lessee shall pay cost(s) associated with the badging process, i.e. background checks, training, etc. 7. Lessee's failure to comply with all Badge procedures shall be considered a violation of this Lease requiring prompt correction to the satisfaction of the Airport. Lessee's failure to promptly correct any violations shall be considered an event of default, as further defined and as may be governed below. 8' Employees shall satisfactorily complete the applicable Pedestrian/Ground Vehicle Operations training class given by Airport Operations before receiving an appropriate Badge. M.Trainine. L. lf Lessee's employees are permitted to access and operate unescorted in the restricted area, they are required to obtain an Airport Badge and successfully complete both the Airport,s Security Training Class and the Ground Vehicle/Pedestrian Operations Training Class prior to operating unescorted in the AoA and maintain the appropriate annual recurrent training thereafter. 2. Employees must pass the written test given in the Ground Vehicle/pedestrian Operations Training class with a grade of at least eighty (80) percent. An applicant who does not pass the written test may retake the test. Page 17 3. Lessee shall ensure that all persons accessing the AOA and associated with Lessee's activities have completed required training. 4. Lessee badged and trained employees are required to operate or to escort their own vehicles and pedestrians at alltimes while inside the AOA. 5. Lessee vehicle(s) operating in the AOA shall be properly configured for ramp operations in accordance with Airport Rules and Regulations prior to operating a vehicle within the AOA. 6. Lessee shall pay all costs associated with providing training. N. ConseouencesofNon-Compliance. 1. Lessee's failure to comply with all access and vehicle operating procedures shall be considered a violation of this Lease requiring prompt correction to the satisfaction of the Airport. Lessee's failure to promptly correct any violations shall be considered an event of default. 2. Failure to comply with the rules and regulations of the Airporl's Security Program and Ground Vehicle/Pedestrian Operations will result in the temporary or permanent revocation of the Airport issued badge and thereby all access to the restricted areas on the Airport. O. Assisnments, Sublettins, or Sale. 1. Lessee shall not assign this Lease or any interest herein or in the Property, or otherwise sell, transfer or sublet the Property, or permit the use of the Property by any other party other than Lessee, without prior written notice to Lessor, whose consent will not be unreasonably withheld. lf Lessee desires to sell, transfer or sublet the hangar, Lessee shall provide Lessor with the following information: the name of Lessee's purchaser or subtenant, type of aeronautical operation, proof of insurance required by this Lease, information on the purchase/s or subtenants aircraft and aircraft's registration number(s). 2. Upon prior written notice to Lessor, Lessee has the right to sell or transfer their hangar to a third party during the Term of this Lease or any extension thereof. ln the event of the sale of the hangar, Lessee agrees that the terms and conditions of this Lease remain in effect for the remainder of the Term. Page l8 3, ln the event of a sale, transfer or assignment, the purchaser, transferee or assignee will be reguired to sign a new lease for a remainder of the Term on the same terms and conditions of this Lease. 4. Release of Assisnor's Liabilitv. ln the event Lessee (lncluding, without limitation, any Leasehold Mortgagee, its designee, or third party who shall have acquired Lessee's leasehold interest pursuant to a judicial or nonjudicial foreclosure of the Leasehold Mortgage, a deed-in-lieu thereof, or othenrvise) shall assign all of its right, title, and interest under this Lease in and to the property pursuant to the applicable provisions of the Lease and such transferee shall, in a writing reasonably acceptable to Lessor, assume all duties and obligations of Lessee under the Lease and agrees to be bound by all provisions contained herein, such assigning Lessee shall be released from all rights, duties, and obligations of Lessee under the Lease, except with regard to any obligations of Lessee arising before the date of such assignment and assumption. The foregoing release shall be effective and self-operative without the execution of any further instruments on assignment to and assumption by such assignee, Notwithstanding the foregoing, promptly following the request of any such assigning Lessee, Lessor shall execute and deliver to such Lessee a written release consistent with the terms of this paragraph. P' Taxes and Charses. Lessee shall pay as they become due any and all taxes, fees, assessments or charges of any type levied by any governmental entity based upon, related to, or resulting from any improvements, conditions, property, activities or operations of any kind on the Property. Lessee shall have the right at its own cost and expense to contest the amount or validity of any tax, fee, assessment or charge and to bring or defend any actions involving the amount or validity thereof in its own name or, if necessary and approved by Lessor, in the name of Lessor; provided that, if unsuccessful, Lessee shall pay and discharge any such tax, fee, assessment or charge so contested, together with any penalties, fines, interest, costs and expenses, including reasonable attorneys' fees, that may result from any such action by Lessee, and provided that, pending resolution of any proceeding contesting a tax, fee, assessment or charge, Lessee shall take any actions necessary, including conditional payment of the amount in dispute, to prevent the attachment or accrual of any lien or penatty. ARTICLE VII ALTERATIONS, ADDTTIONS AND CHANGES A. Lessee shall not, without the prior consent of Lessor, which consent shall not unreasonably be withheld or delayed, make any alterations, changes or additions, structural or otherwise, in or upon any Page 19 part of the Property. Allalterations, additions and improvements shall be done in a good and workman- like manner and in accordance with all applicable laws and the Airport's Development Standards without impairing the structural soundness of the building. Lessor agrees, if necessary, to join in any applications to governmental authorities for such permits as may be required to do the work contemplated in this Section. All applications and permits shall be at Lessee's sole expense. Prior to construction, Lessee shall file with the FAA a complete and accurate FAA Form 7460-1. Use of the Property and construction of improvements thereon may not proceed or be maintained by Lessee if the FAA does not determine that the improvements proposed for the Property would not be a hazard to air navigation. lf the FM's determination of no hazard to air navigation is conditional, Lessee shall satisfy all conditions underlying the determination. All improvements, alterations or fixtures constructed or placed on the Property shall comply with local building codes and all other applicable laws, covenants and regulations. Approval by Lessor shall not constitute an opinion or warranty that any items or conditions so approved are in compliance with applicable codes, laws, covenants or regulations. B. Lessor shall not be required to perform any repairs or any other improvements to the Property whatsoever. Lessee, at its cost and expense, shall at alltimes maintain the Property in as good condition as when received by Lessee, excepting only normal wear and damage resulting from fire or other casualty which is beyond the control of Lessee and does not result from negligence of the Lessee. At the expiration or termination of the terms herein described, Lessee shall surrender the Property to Lessor in as good or better condition as when received by Lessee, excepting only normal wear. ARTICLE VIII USE A. lt is understood and agreed that said Lessee shall use the Property only for the mutually agreed upon purpose as described in Exhibit "8," attached hereto. Lessee shall be permitted to change the use of the Property from that described in Exhibit "3" with the prior written consent of Lessor, which consent shall not be unreasonably withheld, and the Property shallthereafter continue to be subject to all rules, regulations, and laws applicable to the use of Airport property. B. Access. Lessor hereby grants Lessee permission to construct, at Lessee's cost, a segment of paving for a drive aisle on the currently-unimproved land adjacent to the Property, to connect the Property to the parking area in front of the Georgia State Patro! building, thereby providing uninterrupted, paved vehicular access between the Property and nearest public right-of-way ("Drive Page 20 Path"). Lessor shall be responsible for maintaining the Drive Path in good condition and repair throughout the Term. C. Rules and Reeulations. Lessee agrees that use of the Property and that its operations in and upon the Property shall be conducted in compliance with all applicable local, state and federal laws, including but not limited to those of, or administered by, the FAA or its successor, TSA, the ordinances and Code of Augusta, Georgia, the Rules and Regulations of the Augusta-Regional Airport and the Augusta Aviation Commission. Jhe Airport Executive Director will at all times be in full and complete charge of said Airport. D. Lessee 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. E. Lessee specifically agrees that its operations shall be conducted in compliance with all applicable federal, state and local environmental laws, rules and regulations (collectively, "Environmental Laws"). Lessee's obligations hereunder shall include, without limitation, and whether foreseeable or unforeseeable, all costs of any required repair, cleanup or remediation of the Property necessary to comply with Environmental Laws, provided such required repair, cleanup, or remediation is required due to Lessee's failure to comply with Environmental Laws. F. Ooeratinq Standards. ln providing any of the required and/or authorized services or activities specified in this Lease, Lessee shalloperate for the use and benefit of the public and shallcomply with the reasonable minjmum operating standards or requirements, promulgated by Lessor, and as amended from time to time, applicable to each of Lessee's activities on the Airport. Aerial Approaches. Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the Airport against obstruction, together with the right to prevent Lessee from erecting, or permitting to be erected, any building or other struclure on or adjacent to the Airport which, in the opinion of Lessor, would limit the usefulness of the Airport or constitute a hazard to aircraft, Page 2l H. Lessor may enter upon the Property at reasonable hours, in the presence of Lessee, so as not to interfere with Lessee's business, to inspect the building for the purpose of seeing that the Lessee is complying with allof its obligations set forth in this Lease. l. Use of Landins Areas. It is expressly understood and agreed by the Parties hereto that the use of all landing areas at Airport shall be open at all times to all persons, firms, and corporations desiring to use same, provided only that such use shall be in accordance with the rules and regulations of the United States Government, TSA, FAA, the laws of the State of Georgia, and the rules and regulations of Lessor. Any access to the landing areas from the Leased Property shall be provided and maintained by Lessor in accordance with FM standards. J. Lessee's employees, patrons, and suppliers shall have the right to use in common with others the existing public automobile parking areas in the general vicinity of the Lessee's Property and designated by the Lessor as public parking. Securitv. Lessee shall not bring into or operate any vehicle or motorized equipment within any air operations area, unless having first complied with all insurance provisions and requirements specified in this Lease, as well as the Airport Vehicle Training Program and the Airport Lessee Security Program, as defined by TSA. When operating within any air operations area, Lessee shall cause its vehicles and equipment to move directly to and from the entrance gate of Lessee's Property and the aircraft and shall not enter or move about any other non-movement area. Lessee, its officers, employees, agents, and those under its control, shall comply with security measures required of Lessee or the Aviation Commission by the FAA, TSA, U. S, Department of Transportation, or contained in any Airport Master Security Plan approved by the TSA, including an Airport Lessee Security Program as outlined in 49 CFR Part 1542 respective to Lessee's Exclusive Use Space. lf Lessee, its officers, employees, agents, or those under its control shall fail or refuse to comply with said measures and such noncompliance results in a monetary penalty being assessed against Lessor and/or the Augusta Aviation Commission, then Lessee shall be responsible and shall reimburse Lessor and/or the Augusta Aviation Commission in the full amount of any such monetary penalty or other damages, including reasonable attorney fees and other costs to defend Lessor and/or the Augusta Aviation Commission against such claims. Page 22 L' Lessee shall be responsible for having employee background checks performed through the Aviation Security Clearing House for allof its employees at the Airport. lf Lessee asks the Augusta Aviation Commission to perform these background checks for its employees at the Airport, Lessee shall reimburse the Augusta Aviation Commission its costs, plus fifteen percent {15%}for administration expenses. M. Lessee is responsible for safely securing alt aircraft or equipment stored in or about the property, in compliance with all applicable rules, regulations and laws of the United States of America, including the rules of the Federal Aviation Administration, the State of Georgia, the Lessor, and all local authorities having proper jurisdiction over the Property. N. Lessee acknowledges that the Property does not have manned security, and Lessee shall be responsible for any damage or theft of Lessee's Designated Aircraft, equipment, or other property located in the Property unless such damage is directly due to the gross negligence of tessor. O. Storage by Lessee of Lessee's personal property or the personal proper.ty of any of Lessee's employees, agents, licensees, Suests, or invitees, in or about the Property shall be done at Lessee's sole risk and Lessor shall not be responsible, in any way, for any damage to, or any loss of any such personal property stored in or about the Property. P. Movement of Aircraft. Except as otherwise stated herein, throughout the Lease term, Lessee shall be solely responsible for the movement of its Aircraft into and out of the Property, as well as all other movement of its Aircraft upon the Property (the "Aircraft Movement"), and at no time shall Lessor be under any obligation to assist Lessee in any Aircraft Movement or undertake any Aircraft Movement on Lessee's behalf. o.Hazardous Substances. Lessee shall be liable for, with respect to, or as a direct or indirect result of, the presence on or under, or the escape, seepage, leakage, spillage, discharge, emission, discharge or release from the Property caused by its officers, employees or agents of any Hazardous Substance (including, any losses, liabilities, including strict liability, damages, injuries, expenses, including reasonable attorneys'fees, costs of any settlernent or judgment or claims as awarded by the Court arising under ihe Comprehensive Environmental Response, Compensation and Liability Act, any so-called federal, state, or local Page 23 "Superfund" or "Superlien" laws, statutes, law, ordinance, code, rule, regulations, order or decree regulating, with respect to or imposing liability, including strict liability, in regard to any Hazardous Substances), arising out of negligent acts of Lessee. For purposes of this Lease "Hazardous Substances" shall mean and include those elements or compounds which are contained in the list of hazardous substances adopted by the United States Environmental Protection Agency (EPA) and the list of toxic pollutants designated by Congress or the EPA or defined by any other federal, state or local statute, law, ordinance, code, rule, regulations, order or decree regulating, relating to, or imposing liability or standards of conduct concerning, and hazardous, toxic or dangerous waste, substance or material as now or at any time hereunder in effect. lf Lessee receives any notice of {i) the happening of any material event involving the spill, release, leak, seepage, discharge or cleanup of any Hazardous Substance on the Leased Property or in connection with Lessee's operations thereon, or (ii) any complaint, order, citation or material notice with regard to air emissions, water discharges, or any other environmental, health or safety matter affecting Lessee (an "Environmental Complaint"), from any person or entity (including without limitation, the EPA), then Lessee shall immediately notify Lessor orally and in writing of said notice. The breach of any warranty, representation, or agreement contained in this Section shall be an Event of Default hereunder and shall entitle Lessor to exercise any and all remedies provided in this Lease, or otherurise permitted by law. ARTICLE IX INSURANCE AND INDEM NI ICATION A, lnsurance. 1. General lnformation. Lessee agrees to carry and maintain, or to cause its permitted subtenant or qualified third-party contractor, to carry and maintain, in force at all times during the Lease Term, at Lessee's or its permitted subtenant's sole expense, the insurance described herein in this Article Vll.A below for itself or its permitted subtenant. 2. Lessor reserves the right to amend the insurance requirements imposed by this Lease at any time, provided any such amendment is not unreasonable, which amendment shall be in accordance with the following: Page 24 Lessee understands and agrees that the minimum limits of the insurance required herein may become inadequate during the Lease Term and that, if it in any way, directly or indirectly, contingently or otherwise, affects or might affect the Airport or Augusta, Georgia, as determined in the sole but reasonable discretion of the Airport's Executive Director, Lessee will increase such minimum limits by reasonable amounts on written request of the Airport's Executive Director, with the concurrence of the Lessor's insurance broker/underwriter. No such amendment shall reduce the coverage amounts lower than as stated in this Lease. Within thirty (30) days of the publication by Lessor of any such modifications the foregoing insurance requirements, Lessee shall deliver to Lessor insurance certificates certifying compliance with such modified coverage(s). No written amendment of this Lease shall be required to effectuate said increases in minimum limits. 3. All insurance required hereunder shall be provided through qualified self-insurance or commercial insurance insurers rated A- Vll, or better by A.M. Best. Limits provided may be satisfied by a combination of primary and excess insurance, and shall be issued a company licensed, qualified and authorized to transact business in the State of Georgia. a. b. 4, premiums. Lessee acknowledges that Lessor is not responsible for any of Lessee's insurance 5' The insurance policies for coverage listed in this section shall contain a provision that written notice of cancellation or any material change in policy by the insurer shall be delivered to the Lessor no less than thirty (30) days prior to cancellation or change. 6. Proof of lnsurance. Lessee shall provide Lessor with an annual Certificate of lnsurance on all required insurance within ten (10) days upon the effective date of this Lease and annually upon the Page 25 effective date thereafter. Lessor reserves the right to require complete, certified copies of all required insurance policies at any time, 7 . Lessee shall obtain and maintain continuously in effect, at all times during the term of this Lease, at Lessee's sole expense, the following insurance: Comprehensive Aircraft Liabilitv lnsurance. Comprehensive Aircraft Liability insurance, (including liability for bodily injury and property damage, passenger liability, airport premises liability, personal injury liability and contractual liability), combined single limit of liability of not less than 55,000,000. Coverage shall include bodily injury or death to person's in or about the facility and/or property damage to the facility and/or other aircraft stored in or about the Property resulting from Lessee's preventive maintenance, routine aircraft servicing, or minor repair activities. The foregoing insurance shall be endorsed to state that it will be primary to Lessor's insurance and that the Lessee waives its right of subrogation against Augusta, Georgia, the Augusta Aviation Commission, and their officers, agents, elected and appointed officials, representatives, volunteers, and employees. The Augusta Aviation Commission and Augusta, Georgia, and their officers, agents, elected and appointed officials shall be added as additional insureds on said policies. Said policy shall contain Severability of lnterest Clause and Contractual Liability coverage. General Liabilitv lnsurance. General liability insurance with a combined single limit of not less than $5,000,0O0 covering Lessee's off-airport operations. The foregoing insurance shall be endorsed to state that it will be primary to Lessor's insurance and that the Lessee waives its right of subrogation against the Augusta Aviation Commission, Augusta, Georgia, and their officers, agents, elected and appointed officials, representatives, volunteers, and employees. The Augusta Aviation Commission, Augusta, Georgia and their officers, agents, elected and appointed officials shall be added as additional insureds on said policies. Said policy shall contain Severability of lnterest Clause and Contractual Liability coverage at least as broad as that given in the most current CG 0001 ISO form. a. Page 26 Workers'Comoensation lnsurance. lf Lessee has employees, it shall provide workers'compensation insurance with statutory limits and employers liability with a limit of S500,000 for employees and subcontractors entering the hangar or office space with limits of liability of not less than Five Hundred Thousand Dollars (5500,000.00) for each accident/disease. Such policy (ies) shall be endorsed to state that the workers' compensation carrier waives its right of subrogation against the Augusta Aviation Commission, Augusta, Georgia, and their officers, agents, elected and appointed officials, representatives, volunteers, a nd em ployees. Automobile LiabiliW lnsurance. Lessee shall provide Automobile Liability insurance with a combined single limit of not less than S1,000,000 covering Lessee's automobiles while on and off the airport premises. Poliry must be written on a Symbol 1 basis. However, if it is determined that Lessee's automobiles are to be used in restricted areas of the Airport; Lessee shall provide Automobile Liability with a combined single limit of not less than 95,000,000. The foregoing insurance shall be endorsed to state that it will be primary to Lessor's insurance and that the carrier waives its right of subrogation against the Augusta Aviation Commission and Augusta, Georgia, and their officers, agents, elected and appointed officials, representatives, volunteers, and employees. The Augusta Aviation Commission and Augusta, Georgia, and their officers, agents, elected and appointed officials shall be added as additional insureds on said policies. Said policy shall contain Severability of lnterest Clause and Contractual Liability coveraBe at least as broad as that given in the most current cA 00 01 lso form. lndemnity, 1. Lessee shall indemnify and hold harmless the Lessor and the Augusta Aviation Commission, Augusta, Georgia and their members, officers, elected officials, agents, servants, employees and successors in office from any and all claims including reasonable attorney's fees and expenses of litigation incurred by Augusta, Georgia and/or Augusta Aviation Commission, in d. B. Page 27 3. connection therewith, related to or arising out of any damage or injury to property or persons, occurring or allegedly occurring in, on or about the Airport's property which are in any way related to or arising out of any failure of Lessee to perform its obligations hereunder, or any negligence act of Lessee's officers, employees or agents, during the period from the date of this Lease to the end of the Lease Term, except to the extent that such claims, demands, suits, judgment, costs and expenses may be directly attributed to any act of negligence on the part of Lessor or their agents, employees, direclors, officers, Buests, licensees and invitees . Lessee further agrees that the foregoing contract to indemnify and hold harmless applies to any claims for damage or injury to any individuals employed or retained by Lessee and hereby releases Lessor from liability in connection with any such claims. Lessee shall keep, defend and hold harmless Lessor, Augusta, Georgia, the Augusta Aviation Commission and their respective aBents, employees, directors, officers, guests, licensees and invitees, from and against any and all claims, demands, suits, judgments, costs and expenses asserted by any person or persons, including agents or employees of Lessee, by reason of death or injury to persons or loss or damage to property, resulting from Lessee's operations and occupancy of the Property, or anything done or omitted by Lessee under this Lease except to the extent that such claims, demands, suits, judgment, costs and expenses may be directly attributed to any act of negligence on the part of Lessor or their agents, employees, directors, officers, guests, licensees and invitees. The obligation to provide indemnification under this Agreement shall be contingent upon the Lessor providing Lessee with timely written notice of any claim for which indemnification is sought, allowing Lessee to control the defense of such claim; provided, however that the Lessee agrees not to enter into any settlement or compromise of any claim or action without the Lessor's prior written consent, which will not be unreasonably withheld. The Lessor shall 4. Page 28 cooperate with the Lessee in connection with such defense. Nothing in this Section is intended to prohibit a Party from engaging its own legal counsel, at its own expense, to investigate or defend against any claim. ARTICLE X M ISCELLANEOUS PROVISION A. lt is agreed between the Parties hereto that this Lease shall be binding upon and inure to the benefit of the Parties hereto, their successors and assigns. B. Force Maieure, Force Majeure shall mean delays caused by or resulting from an Act of God, severe weather conditions, war, insurrection, riot, civil commotion, epidemic, pandemic, declared National, State, and/or Local state of emergency, fire or other casualty, strikes, lockouts, inability to obtain labor or materials, or other causes beyond the party's reasonable control. Neither party shall have any liability whatsoever to the other party on account of any event of Force Majeure. lf this Lease specifies a time period for performance of an obligation of either party, that time period shall be extended by the period of any delay caused by any event of Force Majeure. However, an event of Force Majeure shall not in any way affect Lessee's obligation to pay rent or other moneys due, nor shall it extend the term of this Lease, c.Notices. All notices, demands, and request which may or are required to be given by either Lessor or Lessee to the other shall be in writing and shall be deemed to have been properly given when sent postage pre-paid by registered or certified mail {with return receipt requested) addressed as {ollows: Page 29 lf to Lessee: AU Health AirCare, LLC (Attn: Chair, Board of Managers) 1120 15th Street Suite 31 2081 Augusta, GA 30912 With a copy, which shall not constitute notice to: AU Health System, lnc. Office of Legal Affairs Attn: Vice President, General Counsel 1120 15th Street, BA 8255 Augusta, GA 30912 lf to Lessor: Augusta Aviation Commission Augusta Regional Airport 1501 Aviation Way Augusta, Georgia 30906-9600 Attention : Aviation Director With copy to: Augusta, Georgia ATTN: General Counsel 535 Telfair Street, Building 3000 Augusta, Georgia 30901 Either Party may change the address and name of addressee to which subsequent notices are to be sent by notice to the other given as aforesald. D. Covenants Bind and Benefit Successors and Assigns. The provisions of this Lease shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and permitted assigns; provided, however, that no one shall have any benefit or acquire any rights under this Lease pursuant to any conveyance, transfer, or assignment in violation of any of its provisions. Page 30 G. H. E. Governing Law and Venue. This Lease shall be construed and enforced in accordance with the laws of the State of Georgia. The Parties hereby submit to the exclusive jurisdiction of the Superior Court of Augusta, Georgia for the purposes of all legal proceedings arising out of or relating to this lease and the Parties irrevocably waive, to the fullest extent permitted by law, any objection which they may now or hereafter have to the venue of any such proceeding which is brought in such a court. F. Severabilitv. ln the event any provision of this lease shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Time. Time is of the essence in performance under this Lease. Execution of Counterparts. This Lease may be execuled in several counterparts, each of which shall be an original and all of which shallconstitute but one and the same anstrument. l. Covenants Run wlth Prooertv. The covenants, agreements, and conditions herein contained shall run with the property hereby leased and shall be binding upon, inure to the benefit of, and be enforceable by the parties hereto and their respective successors and assigns, Relationship of the Parties. The relationship of the Parties under this Lease shall be that of independent principals and nothing herein or in any related document or representation shall be construed to create or imply any relationship of em ployment, agency, partnership or any other relationship other than that of independent Page 3 I principals. Each of the Parties acknowledge and agree that each is engaged in a separate and independent business or activities and neither shall state, represent or imply any interest in or control over the business of the other. K. Georgia Open Records Act. Lessee acknowledges that this Agreement and certain documentation may be subject to the Georgia Open Records Act (OCGA 950-18-70, et seq.). Lessee shall cooperate fully in responding to such requests and shall make all records, not exempt, available for inspection and copying as required by law. Venue and Jurisdiction. fhis Agreement shall be governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Georgia. Any legal suit, action or proceeding arising out of or related to this Agreement or the matters contemplated hereunder shall be instituted exclusively in the federal or state courts iocated in Richmond County, Georgia. Each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding and waives any objection based on improper venue or forum non conveniens. Service of process, summons, notice or other document by mail to such Party's address set forth herein shall be effective service of process for any suit, action or other proceeding brought in any such court. M. 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. This Lease supersedes any prior agreements with respect thereto. This Lease shall inure to the benefit of and be binding upon the Lessor, the Lessee, and their respective successors and assigns. No failure of either Party to exercise any power given it hereunder, or to insist upon strict compliance by either Pafiy of any obligations hereunder, and no custom or practice of the Parties at variance with the Page 32 terms hereof shall constitute a waiver of either Party's right to demand exact compliance with the terms hereof. N. Approval bv the Airoort Sponsor. Upon approval of this Lease by the Airport Sponsor, the Mayor shall execute this Lease on behalf of the Augusta Regional Airport. This Agreement may only be modified by a written amendment signed by an authorized representative of each Party, Lessee acknowledges that this Lease and any changes to it by amendment, modification, change order or other similar document may have required or may require the authorization and approval of the Airport Sponsor and the Mayor. Under Georgia law, Lessee is deemed to possess knowledge concerning Airport Sponsor's ability to assume contractual obligations and the consequences for Lessee of entering into any contract, amendment, modification, or other similar document without the authorization and approval of the Airport Sponsor and the Mayor, ln the event of such unauthorized actions, Airport Sponsor and/or the Augusta Aviation Commission shall not be held liable, responsible, or obligated to perform under such unauthorized adions and shall not be in breach of contract of such unauthorized actions if it chooses not to adhere to said actions. O. Amendment. This Lease may not be amended at any time except by written agreement of Lessor and Lessee. P. Eminent domain. lf the Property shall be taken or condemned by any competent authority, including the FAA, for any Eovernmental or public use or purpose, or conveyed to such authority in lieu of a threatened or imminent condemnation, the term of this Lease shall cease and terminate from the date of such taking or conveyance. ln such case, the current rental shall be abated as of the effective date of such taking or conveyance, and the award shall belong to and be the sole property of Lessor. a.Non-Discrimination. Page 33 Notwithstanding any other provision of this Lease, during the performance of this Lease, Lessee, for itself, its heirs, personal representatives, successors in interest and assigns, as part of the consideration ofthis Lease does hereby covenant and agree, as a covenant running with the land, that: 1. No person on the grounds of race, color, religion, sex or national origin shall be excluded from participation in, denied the benefits of, or othenrvise be subjected to discrimination in the use of the Property; 2. ln the construction of any improvements on, over or under the Property, and the furnishing of services therein or thereon, no person on the grounds of race, color, religion, sex or national origin shall be excluded from parlicipation in, or denied the benefits of, such activities, or otherwise be subjected to discrimination; 3. Lessee shall use the Property in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations ("c.F.R."), Department of Transportation, subtitle A, Office of the Secretary , Parl. 2L, Nondiscrimination in Federally Assisted Programs of the Department of Transportation - Effectuation of Title Vl of the Civil Rights Act of 1964, and as said regulations may be amended. 4. ln the event of breach of any ofthe above nondiscrimination covenants, Lessor shall have the right to terminate this Lease and to reenter and repossess the Property and hold the same as if said Lease had never been made or issued. This provision does not become effective until the procedures of 49 C.F.R. Part 21 have been followed and completed including expiration of appeal rights. S. Lessee assures that it will undertake an affirmative action program, as required by 14 C.F.R. part 152, Sub-part E, to ensure that no person shall, on the grounds of race, creed, color, national origin, or sex, be excluded from participating in any employment, contracting or leasing activities covered Page 34 in 14 C.F.R. Paft 152, Sub-part E. Lessee assures that no person shall be excluded, on these grounds, from participating in or receiving the services or benefits of any program or activity covered by Sub-part. 6. Lessee assures that it will require that its covered organizations provide assurance to the Lessee that they similarly will undertake afflrmative action programs and that they will require assurances from their sub-organizations, as required by 14 C.F,R. Part 152, Sub-part E, to the same effect. 7. Lessee agrees to comply with any affirmative action plan or steps for equal employment opportunity required by 14 C.F.R. Part 152, Sub-part E, or by any federal, state, or local agenry or court, including those resulting from a conciliation atreement, a consent decree, court order, or similar mechanism. Lessee agrees to obtain a similar assurance from its covered organizations, and to cause them to require a similar assurance of their covered sub-organizations, as required by 14 C.F.R. Part 152, Sub- part E. R. Reouirements of the United States. This Lease shall be subject and subordinate to the provisions of any existing or future agreement between Lessor and the United States, or any agency thereof, relative to the operation or maintenance of the Airport, the execution of which has been or may be required as a condition precedent to the expenditure of federal funds for the development or operation of the Airport; provided, however, that Lessor shall, to the extent permitted by law, use its best efforts to cause any such agreements to include provisions protecting and preserving the rights of Lessee in and to the Property, and to compensation for the taking thereof, interference therewith and damage thereto, caused by such agreement or by actions of Lessor or the United States pursuant thereto. [signotures oppeor on following poge] Page 35 lN WITNESS THt REOF, the said Parties hereto have executed this [ease or caused this Lease to be executed the day and year first above written. LESSEE: AU Health AirCare, LLC, a Georgia LLC LESSOR: AUGUSTA, GEORGIA By: Name: Its: Katrina R. Keefer, MPA Chair, Board of Managers CEO, Sole Member By: Name: Its; l'agc 36 Exhibit "A,, Map of the Prooertv and Surroundine Area See attached. UilOM &1 EA6T WN AR SULAXCL OVERAI ffitHlsra2tsENfuA '1% 2 ffirrrc1??@13ESIIO rtrar2 f,*riK ra7@ssno ?1t27!!' AIJGUSTA RECIOUL AIRPO*Itar auror waY44, fii3irI:i** n*tHreuffi8*trc rlsG U€AN N 1 EASI STH AIR M8I NCE OVERAII Mead&{lunl FIGUFE I Exhibit "8" Permitted Use The Property shall be permitted to be used as a base of operations forthe provision of air medical services, including the right to utilize the services of a qualified third-party contractor for the conduct of day-to- day operations. Exhibit "C" Waiver/s Augusta Aviation Commission agrees to waive certain Airport standards for AU Health Air Care LLC, understanding the community service aspect, as well as, the emergency nature of the air ambulance industry. 1. Standard Airport Lease Term Policy not to exceed thirty (30) years will be waived to allow for an extended fifty (50) year total lease term.2. Standard Airport Policy prohibiting individual fuel farms on leasehold property will be waived to allow for a fuel trailer or skid to be stationed on the leasehold property in a location agreeable to both Lessor and Lessee, but not to exceed 1,500 gallons. Commission Meeting Agenda 3/2/2021 2:00 PM Land Lease Agreement with AU Health Air Care LLC Department: Department: Caption:Motion to approve land lease agreement with AU Health Air Care LLC for a 61,020 square foot parcel of land north of the Georgia State Patrol hangar. (Requested by Mayor Pro Tem Bobby Williams) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: JOINT RESOLUTION OF THE AUGUSTA, GEORGIA COMMISSION oF RICHMONDCOUNTY, GEORGIA AND THE BURKE COUNTY, GEORGIA BOARD oFCOMMISSIONERS REQUESTING THE GEORGIA GENERAL ASSEMBLY TOSPECIFICALLY PROVIDE, WITHIN SENATE BILL 9, CLARIFICATIONS oFIMPACT AND PROCESS AND AFFIRMATIONS OF PROVISION FOR KEYCOMPONENTS OF THE AUGUSTA JUDICIAL CIRCUIT THAT WOULD BETRANSITIONED BY SENATE BILL 9 FROM THREE-COUNTY JUDICIAL CIRCUITTO A TWO-COUNTY JUDICIAL CIRCUIT CONSISTING OF'RICHMOI\D COUNTY,GEORGIA AND BURKE COUNTY, GEORGIA, AI\D CREATING A SINGLE-COUNTYJUDICIAL CIRCUIT FOR COLUMBIA COUNTY WHEREAS, the Judicial Council of Georgia 2018 boundary analysis study included,among other things, an analysis of the caseload, woikload, population, judl.r uoa administrationof the Augusta Circuit and others; and WHEREAS' such boundarY analysis concluded that the Augusta Circuit, consisting ofRichmond, columbia, and Burke counties, is "nearly perfectly judg"i- ly * eighrjudge cir"cuitto complete the yearly work of the circuit; and WHEREAS, on December 1,2020, Columbia County Board of Commissioners, in itsResolution Number 2048 requested that the Georgia Geneial Assembly take such action asnecessary to approve columbia county as a single-county judicial circuit; ;nd WHEREAS, on January 13.2O2l,Senators Lee Arderson, Max Bums, Brian Stricklandand others introduced Senate Bill 9 that creates a new Judicial Circuit for the State ofGeorgiaknown as the Columbia Judicial Circuit and desigtates that Burke County must remain in theAugusta Judicial; and WHEREAS, Senaie Bill 9 does not address certain logistical and financial questionsregarding how the Courts, District Attomey's Office, Public Defender's Office and Juvenile Courtwill function and how much the new judicial circuits will cost the respective Countiesl and WHEREAS, Senate Bill 9 does not address Juvenile Court nor the Public Defender's Office nor how property purchased jointly by the members of the Augusta Circuit will be assigned; and WHEREAS' Senate Bill 9 requires the dissolution of the Augusta Circuit by July l,212l, which does not allow ample time to adjust budgets that have already been set for expenses of the Superior court, District Attomey, Public Defender and the Juvenile court. Now THEREFORE, BE IT RESOLVED that the AUGUSTA, GEORGIACOMMISSION OF RICHMOND COI.TNTY AND BURKE COUNTY BOARD OF COMMISSIONERS, jointly aod respectfully request that the Georgia General Assernblydetermine the fiscal and logistical impact of the Senaie Bill 9 and to further-provide, within SenateBill 9, the following clarifications and affirmations of the provisions to be made for the keycomponents of the Augusta Judicial Circuit, namely: Superior Court, District Attorney's Office, Public Defender's Office and Juvenile Court. to wit: 1. Superior Court a. Senior Judges Supplements Request: an affirmation that no new judges be added to the Augusta Circuit who werenot members of the circuit at the time of retirement.b. current Judges Supplements- senate Bill 9 as written, the columbia countyportion of existing judges' supplements is added to the cost of the Augusta Circuit. While it appears the intent is to reduce costs to the circuit, it is not clear that the supplement is increased to alleviate the unintended increase, which would cause anundue hardship to the Augusta Circuit by carrying the additional costs of the fomrer Columbia portion of the supplement. Request: an affirmation and provision that the judges' supplement is increased toalleviate or reduce the cost of the supplements to the Augusta circuit. 2. c. Equipment purchased by the Augusta Circuit presently located in Columbia County Courthouse - Request: Clarifu and affirm that Columbia County is to rernit payment to the Augusta circuit for such equipment, less its share ofthe purchase costs' District Attorney's Offi ce a. Bill requires ihat Oistrict Attomey's Office not be reduced, but dges_n9t clariff how the Staie will offset the costs of the office for the proportion left by Columbia County' Request: Affirmation and provision that such cost be supplemented by the State. b. Equipment purchased by the Augusta Circuit presently located in Columbia County Courthouse pertaining to the District Attorney's Office' Request: clurify and affirm that columbia county is to remit payment to the Augusta circuit for such equipment, less its share of the purchase costs. Pubtic Defender's Oflice a. Senate Bill 9 currently has no language addressing the Public Defender's O{fice regarding direct expenses for State and Civil & Magistrates Courts; Request: Add provisions to address the Augusta Circuit's expected share of projected cost to the Public Defender's Office. 3. 4. Juvenile Court a. Senate Bill 9 currently does not address the Juvenile Court. current state grant provides majorify.of fundi4g for the Juvenile court, with a single grant across the three-county circuitr: r:: Request: clarification gs-to how the gran! Would be split in the future across the two new judicial circriits, and hpw the current remaining grant allocation would be split across the two ne* judlCial circuits. ..'... BE IT FURTIIER RESOLVED that a copy of this resolution be sent to members of the Augusta, Georgia, Burke County and Columbia'County Legislative Delegations, Speaker David Ralston, Lieutenant Governor G@ffDuocqn and Govemor Brian Kemp. Adopted this - day of March, 2021. Augusta, Georgia. Hardie Davis, Jr. As its Mayor Attest: Lena J. Bonner, Clerk of Commission Seal: CERTIFICATTON The undersigned Clerk of Commission, L€na J. Bonner, hereby certifies that the foregoing Resolution was duly adopted by the Augusta, Georgia Commission ofl -, 2021 andthat such Resolution has not been modified or rescinded as ofthe date hereofand the undersigned further certifies that attached hereto is a true copy of the Resolution which was approved and adopted in the foregoing meeting(s). Burke County Board of Commissioners Terri Lodge Kelly As its Chairman Attest: Seal: Merv Waldrop County Administrator CERTItr'ICATION The undersigned clerk of commissioD, _, hereby certifies thattheforegoingResolutionwasdulyadoptedtytt,e@ofCommissioners 9n_,2021andthatsuchResolutionhasnotbeenmodifiedorrescindedasofthe date hereof and the undersigned further certifies that attached hereto is a true copy of theResolution which was approved and adopted in the foregoing meetin;(st - - Commission Meeting Agenda 3/2/2021 2:00 PM Joint Resolution Department: Department: Caption:Motion to approve a Joint Resolution of the Augusta, Georgia Commission of Richmond County, Georgia and the Burke County, Georgia Board of Commissioners requesting the Georgia General Assembly to specifically provide, within Senate Bill 9, clarifications of impact and process and affirmations of provision for key components of the Augusta Judicial Circuit that would be transitioned by Senate Bill 9 from three-county judicial circuit to a two-county judicial circuit consisting of Richmond County, Georgia and Burke County, Georgia and creating a single-county judicial circuit for Columbia County. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 3/2/2021 2:00 PM Mark Mehall Resignation Department: Department: Caption:Motion to accept the resignation of Environmental Services Director Mark Mehall effective May 2, 2021 authorizing a severance of 45 days based on the severance agreement to be developed by the Augusta Law Department. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 3/2/2021 2:00 PM Affidavit Department: Department: Caption:Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: