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2022-10-04-Meeting Minutes
Commission Meeting Agenda Lee N. Beard Commission Chamber - 10/4/2022 ATTENDANCE: Present: Hons. Hardie Davis, Jr,, Mayor; Johnson, Garrett, Frantom, B. Williams, Scott, McKnight, D. Williams, Hasan and Clarke, members of Augusta Richmond County Commission. Absent: Hon. Mason, member of Augusta Richmond County Commission. INVOCATION: PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. RECOGNITION(S) 2022 September Years of Service (YOS) 25-50 year recipients A. 2022 September Years of Service (YOS) 25-50 year recipients. Item Action: None 2022-04-10-2022_YOS_For_25-50_YOS_Recipients.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Presentations are made to the September 2022 Years of Service Recipients. Five (5) minute time limit per delegation DELEGATIONS B. Director Margaret Woodard, Executive Director Downtown Development Authority to give update and status report to the Commission. (Requested by Commissioner John Clarke) Item Action: None SKM_C65822092910270.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Presentation is made by Ms. Woodard. C. Mr. Moses Todd regarding The Savannah Riverkeeper's contract, and City Cemeteries Y-23 budgets. Item Action: None SKM_C65822092910281.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Presentation is made by Mr. Todd. CONSENT AGENDA (Items 1-12) PUBLIC SAFETY 1. Motion to approve Proposal from Faster Asset Solutions, Inc. for the Implementation of Faster Web as a sole source procurement. (Approved by Public Safety Committee September 27, 2022) Item Action: Approved Sole_Source_Approval.pdf FasterWeb-AugustaRichmond-County-GA.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Voting No: Commissioner John Clarke. Motion Passes 8-1. Commisioner Sean Frantom Commissioner Brandon Garrett Passes 2. Motion to approve ARP Funds in the amount of $6,931,618 for the purchase of 2022 and 2023 replacement fire apparatus and light vehicles and additional funding for air light support unit approved in 2022 budget.(Approved by Public Safety Committee September 27, 2022) Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Defer Motion to approve referring this item back to committee. Voting No: Commissioner John Clarke. Motion Passes 8-1. Commisioner Sean Frantom Commissioner Brandon Garrett Passes 3. Motion to approve award of RCCI's Inmates' Commissary operation to Stewart Distribution.(Approved by Public Safety Committee September 27, 2022) Item Action: Approved Inmates_Commissary_(2023).pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Voting No: Commissioner John Clarke. Motion Passes 8-1. Commisioner Sean Frantom Commissioner Brandon Garrett Passes ENGINEERING SERVICES 4. Motion to approve Supplement funding (SA2) to Clark Patterson Lee (CPL) in the amount of $25,000 for the 6th Street Improvements Construction Phase Services (CEI). Requested by Engineering / RFP 18- 279. (Approved by Engineering Services Department September 27, 2022) Item Action: Approved CPL_CEI-Fee_Proposal_TIA.pdf SA2-6th_Street_Imp._9.12.22.docx ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Voting No: Commissioner John Clarke. Motion Passes 8-1. Commisioner Sean Frantom Commissioner Brandon Garrett Passes 5. Motion to approve award of Augusta Right-of-Way Routine Maintenance Vegetation Control and Mowing Contract to Augusta Lawn & Turf, LLC, Winsay, Rise & Shine Lawncare, Augusta Quality, and Bulldog Cuts. The Contract is for three years with renewal option of two additional years. Award is contingent upon receipt of procurement documents, signed contracts and proper bonds. Effective January 1, 2023, also Approve $3,200,000 to fund the proposed On-Call Maintenance Vegetation Control and ROW Mowing Services . requested by AE&ES. RFP 22-152 (Approved by Engineering Services Department September 27, 2022) Item Action: Approved 22-152_TAB.PDF EXHIBIT_A_22-152_Engineering_Rodway_ROW_Mowing-Fee_Schedule.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Voting No: Commissioner John Clarke. Motion Passes 8-1. Commisioner Sean Frantom Commissioner Brandon Garrett Passes 6. Motion to approve Supplemental funding (SA1) for Engineering Phase of Design Consultant Contract to Infrastructure Systems Management, LLC in the amount of $147,866 for the Greene Street Improvements project. Requested by Engineering / RFP 18-312. (Approved by Engineering Services Department September 27, 2022) Item Action: Approved Greene_Street_Supplement_Request_1.pdf SA1-GREENE_STREET_09.15.22.docx ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Voting No: Commissioner John Clarke. Motion Passes 8-1. Commisioner Sean Frantom Commissioner Brandon Garrett Passes 7. Motion to approve entering into an agreement with (CSXT) CSX TRANSPORTATION, INC. Company stating that Augusta, GA will pay for the Construction Engineering, Inspection, and Flagging protection services, for the Highland Ave. over CSX Railroad Bridge Repair & Restoration Project in accordance with the estimate $173,716.00. Also, approve the Construction Agreement to be executed by the Augusta, GA Legal Counsel and the Mayor requested by Engineering. (Approved by Engineering Services Department September 27, 2022) Item Action: Approved GAXXXX_Augusta_DRAFT-CE-AGREE_REV_437-3083_220904.pdf CPB_09.15.22.xlsx ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Voting No: Commissioner John Clarke. Motion Passes 8-1. Commisioner Sean Frantom Commissioner Brandon Garrett Passes 8. Motion to approve award of Augusta Roadway Routine Maintenance Repairs and Emergency Construction Contract to Georgia Carolina Paving Company, and Beams Contracting. The Contract is for three years with renewal option of two additional years. Award is contingent upon receipt of procurement documents, signed contracts and proper bonds. Effective January 1, 2023, also approve $215,000 to fund the proposed Roadway Routine Maintenance Repairs and Emergency Construction Services . (Approved by Engineering Services Committee September 27, 2022) Item Action: Approved 22-208_RFP_Advertisement_for_Paper.docx 22-208_OFFICIAL_TAB.xls 22-208_Cumulative_Eval_Sheet.pdf 22-208_Department_Recommendation_of_Award_-_Roadway_Maintenance_Emergency_CTT_AED_Award_Recom.pdf 22-208_Plan_Holders.pdf FYI_Process_Reguarding_RFP_updated_5-3-21.docx 22-208_Roadway_Routine_Maintenace_Repair_-_Ga_Carolina_and_Beams_Negotiated_Fees.pdf ItemApprovalSheet.html Motions Motion Text Made By Seconded By Motion Type Motion Result Approve Motion to approve. Voting No: Commissioner John Clarke. Motion Passes 8-1. Commisioner Sean Frantom Commissioner Brandon Garrett Passes 9. Motion to approve supplemental funding for various Tasks under Final Design Phase of Engineering Consultant Agreement to WK Dickson & Co., Inc. in the amount of $99,800.00 for Wilkinson Garden Area Roadway Drainage Improvements as requested by AED. RFQ 07-114. (Approved by Engineering Services Department September 27, 2022) Item Action: Approved 2022-09-14_Amendment_8_to_Contract_for_Services_Wilikinson_Gardens.pdf Wilkinson_Gardens_SA#8_09.16.22.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Voting No: Commissioner John Clarke. Motion Passes 8-1. Commisioner Sean Frantom Commissioner Brandon Garrett Passes PETITIONS AND COMMUNICATIONS 10. Motion to approve minutes of the Regular Meeting held September 20, 2022 and the Special Called Meeting held September 27, 2022. Item Action: Approved Regular_Commission_Meeting_September_20_2022.pdf Called_Commission_Meeting_September_27_2022.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Voting No: Commissioner John Clarke. Motion Passes 8-1. Commisioner Sean Frantom Commissioner Brandon Garrett Passes ATTORNEY 11. Motion to approve an Ordinance to Amend the Augusta, GA Code Title One Chapter Two Article One Section 1-2-2 AND SECTION 1-2-13 (RULE OF PROCEDURE 1.01) Relating to the Time AND PLACE for Commission AND COMMITTEE Meetings of the Augusta, Georgia Board of Commissioners; 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. (Approved by the Commission September 20, 2022 - second reading) Item Action: Approved SKM_C65822091915480.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Voting No: Commissioner John Clarke. Motion Passes 8-1. Commisioner Sean Frantom Commissioner Brandon Garrett Passes 12. Motion to approve an Ordinance to amend the Augusta, Georgia Code to allow the consideration of a rezoning of property after six months of the denial of a same or similar petition for the rezoning of the property.(Approved by the Commission September 20, 2022 - second reading) Item Action: Approved SKM_C65822091915490.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Voting No: Commissioner John Clarke. Motion Passes 8-1. Commisioner Sean Frantom Commissioner Brandon Garrett Passes ****END CONSENT AGENDA**** AUGUSTA COMMISSION 10/4/2022 AUGUSTA COMMISSION REGULAR AGENDA 10/4/2022 (Items 13-22) PUBLIC SERVICES 13. Amended Alcohol Application: A. N. 22-22-3- A request by Jeremy Hawes for reconsideration of the amended alcohol application. The applicant is requesting that Dance be removed from the previously approved alcohol application. Item Action: Approved AN-22-22-3.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Voting No: Commissioner Commisioner Sean Frantom Commissioner Brandon Garrett Passes John Clarke. Motion Passes 8-1. 14. Receive update from Code Enforcement relative to Weed School in Sand Hills. (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 without objection. ADMINISTRATIVE SERVICES 15. Discuss the proposed Gold Cross Contract. (Requested by Commissioner Ben Hasan) Item Action: Rescheduled 2022-27-09_Gold_Cross_Draft_Contract_08292022.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Defer Motion to refer this item back to committee. Voting No: Commissioner John Clarke. Motion Passes 8-1. Commisioner Sean Frantom Commissioner Brandon Garrett Passes 16. Procure firm currently not doing business with Augusta to perform complete in-depth audit of all financial aspects of Augusta's Storm Water Program; monies collected, salaries, monies paid out and to whom and projects completed and ongoing with cost. (Requested by Commissioner John Clarke) Item Action: Disapproved SKM_C65822092910280.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve with the audit to cover the last five years from 2017 to the present. Voting No: Commisioner Sean Frantom, Commissioner Ben Hasan, Commissioner Jordan Johnson, Commissioner Francine Scott, Commissioner Bobby Williams, Commissioner Dennis Williams. Motion Fails 3-6. Commissioner John Clarke Commissioner Catherine Smith- McKnight Fails 17. Motion to accept the FY2023 Budget Retreat Summary Report and affirm Quality of Life, Infrastructure, Public Safety, Governance/Finance, Economic Development, and External Relationships as the FY2023 Commission budget priorities. Item Action: Approved 2022-13-09_R_Augusta_Budget_Workshop_Summary_(3).pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Voting No: Commissioner John Clarke. Motion Passes 8-1. Commisioner Sean Frantom Commissioner Brandon Garrett Passes 18. Motion to approve the Deans Bridge Road Revitalization Plan as presented by the Augusta Housing Authority (c/o HCD). Item Action: Approved Augusta_Revitalization_Plan_DRAFT_(9.1.22)_(1).pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commissioner Bobby Williams Commissioner Francine Scott Passes 19. Motion to approve Housing and Community Development Department’s (HCD's) request to provide NSP and/or CDBG funding to Blount’s Complete Home Services to provide maintenance and repairs to six (6) multi-family units at Mt. Auburn Apartments. Item Action: Approved Mt_Auburn_Weed_ST_Contract.docx ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Voting No: Commissioner John Clarke. Motion Passes 8-1. Commisioner Sean Frantom Commissioner Brandon Garrett Passes 20. Motion to provide an update to Commission on Augusta’s Benefits Plan and approval/authorization to execute an agreement with Anthem Blue Cross Blue Shield for a three year period. Item Action: Approved Augusta-Richmond_County_effective_20230101_Anthem_Administrative_Services_Agreement_Final_for_signature.docx Augusta-Richmond_County_-_Pricing_Summary_-_9.12.2022.xlsx 1_-_22-247_RFP_Advertisement_for_Paper.docx 2_-_22-247_OFFICAL_TAB.xls 3_-_22-247_Cumulative_Eval.pdf 4_-_22-247____22-236_Department_Recommendation_of_Award.pdf 5_-_22-247_Planholders.pdf 6_-_FYI_Process_Reguarding_RFP_updated_5-3-21.docx 1_-_22-236_RFP_Advertisement_for_Paper.docx 2-_22-236_OFFICIAL_TAB.xls 3_-_22-236_Cumulative_Eval.pdf 5_-_22-236_Planholders.pdf SKM_C65822092910281.pdf SKM_C65822092910460.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Voting No: Commissioner John Clarke. Motion Passes 8-1. Commisioner Sean Frantom Commissioner Brandon Garrett Passes 21. Motion to adopt Fort Gordon Growth Management plan resolution in support of CSRA Regional Commission. (Requested by Mayor Hardie Davis, Jr. deferred from the September 20, 2022 Commission Meeting) Item Action: Approved 2022-20-09_Fort_Gordon_GMP_Resolution_Augusta.pdf 2022-20-09_Resolution_JOINT_LAND_USE_STUDY_FORT_GORDON.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Voting No: Commissioner John Clarke. Motion Passes 8-1. Commisioner Sean Frantom Commissioner Brandon Garrett Passes ADDENDUM 22. Motion to approve HCDs request to loan HOME Funds, in the amount of $640k, for construction of The Lenox in partnership with The Lenox Limited Partnership for the sole purpose of a GA Department of Community Affairs (DCAs) Low Income Housing Tax Credit Project only. Item Action: Approved The_Lenox_____HCD_HOME_Commitment_Letter.pdf The_Lenox_-_PERSPECTIVE_RENDERING-_Walker_Laney_Blvd_view.pdf The_Lenox_-_PERSPECTIVE_RENDERING.pdf The_Lenox_-_RENDERED_ELEVATIONS.pdf The_Lenox_-_RENDERED_SITE_PLAN.pdf The_Lenox_-_PERSPECTIVE_RENDERING-_11tth_Street_View.pdf Mallalieu_Pointe_East_Point_GA.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 added to the agenda. Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Voting No: Commissioner John Clarke. Motion Passes 8-1. Commisioner Sean Frantom Commissioner Brandon Garrett Passes LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 23. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Item Action: None Upcoming Meetings www.augustaga.gov Commission Meeting Agenda 10/4/2022 2:00 PM Invocation 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 September 23, 2022 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 September 2022, 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 plaque: FIRST LAST DEPARTMENT YOS ELAINE WATERS PLANNING & DEVELOPMENT 25 ROBERTA TYLER UTILITIES 25 DONALD MCVEAN SHERIFF’S OFFICE 25 TIMOTHY WEEGAR BUSH FIELD AIRPORT 25 JOAN WEST UTILITIES 35 Please make arrangements to have your employee in attendance at the Commission meeting scheduled for Tuesday, October 4, 2022, for recognition by the Mayor and Commission and presentation of their service pins and plaques 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 spalmer@augustaga.gov, by Friday, September 30, 2022, 12:00 Noon. Your support and cooperation is much appreciated. With regards, Anita Rookard, HR Director /slp cc: Mayor Hardie Davis, Jr. Takiyah A. Douse, Interim Administrator Lena Bonner, Clerk of Commission HUMAN RESOURCES DEPARTMENT Suite 400 - Municipal Building 535 Telfair Street - Augusta, GA 30901 Phone (706) 821-2303 Fax (706) 821-2867 www.augustaga.gov Commission Meeting Agenda 10/4/2022 2:00 PM 2022 September Years of Service (YOS) 25-50 year recipients Department:Human Resources Department:Human Resources Caption:2022 September Years of Service (YOS) 25-50 year recipients. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 10/4/2022 2:00 PM Margaret Woodard, Executive Director Downtown Development Authority Department:Augusta Commission Department:Augusta Commission Caption:Director Margaret Woodard, Executive Director Downtown Development Authority to give update and status report to the Commission. (Requested by Commissioner John Clarke) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 10/4/2022 2:00 PM Moses Todd Department: Department: Caption: Mr. Moses Todd regarding The Savannah Riverkeeper's contract, and City Cemeteries Y-23 budgets. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: PLANNING & DEVELOPMENT DEPARTMENT STAFF REPORT Case Number: A.N.22-22-3 Application Type: Consumption on Premise Liquor, Beer, & Wine Business Name: MiamiVybz, LLC Hearing Date: September 27,2022 Report Prepared By: Julietta H. Walton, Business License & Customer Service Manager Applicant: leremy Howes Property Owner: Naber Revocable Trust Address of Propefiz 730 Broad ST Tax Parcel #: 047-1-057-00-0 Commission District: District: L Super District: g Background: Reconsideration of amended application to remove Dance ANALYSIS: Location restrictions: zoning and proximity to churches, libraries, schools, and public recreation areas. o Zoning: B-2 (General Business)Zone o Distance Requirements: The proposed location for consumption on premise Liquor, Beer, & Wine meets the minimum distance location to churches, schools, libraries, and public recreation areas. ADDITIONAL CONSIDERATIONS: . Reputation, character. The applicant's reputation, character, trade and business associations or past business ventures, mental and physical capacity to conduct business.o Previous violations of liquor laws. lf the applicant is a previous holder of a license to sell alcoholic liquors, whether he has violated any laws, regulations or ordinance relating to such business.o Manner of conducting prior liquor business. lf the applicant is a previous holder of a license to sell alcoholic liquors, the manner in which he conducted the business thereunder especially as to the necessity for unusual police observation and inspection to prevent the violation of any law, regulation or ordinance relating to such business. . tocation. The location for which the license is sought, as to traffic congestion, general character of neighborhood, and the effect such an establishment would have on the adjacent surrounding property values. o The proposed location is a Loungeo Number of licenses in a trading area. The number of licenses already granted for similar business in the trading area of the place for which the license is sought.o Dancing. lf dancing is to be permitted upon the premise for which the license is sought and the applicant has previously permitted dancing upon the premises controlled or supervised by him, the manner in which he controlled or supervised such dancing to prevent any violation of any law, regulation, or ordinance.o Previous revocation of license. lf the applicant is a person, whose license issued under the police powers of any governing authority has been previously suspended or revoked or who has previously had an alcoholic beverages licenses suspended or revoked. Payment of taxes. lf the applicant and business are not delinquent in the payment of any local taxes.o Congregation of minors. Any circumstances, which may cause minors to congregate in the vicinity of the proposed location, even if the location meets the distance requirement under section 6-2-64 (b) herein.o Prior incidents. Evidence that a substantial number of incidents requiring police intervention have occurred within a square city block of the proposed location during the twelve (12) months immediately preceding the date of application.o Previous Denia! or Revocation. The denial of an application or revocation of a license, occurring within the preceding twelve (12) months, which was based on the qualifications of the proposed location. FINANCIAI IMPACT: n/a RECOMMENDATION: The Planning & Development approved the application subject to additional information not contradicting the applicant's statements. The Sheriffs Office approved the application subject to additional information not contradicting applicant's statements. Note: The staff report includes the information available approximately two weeks prior to the Public Services Committee meeting. lt represents an evaluation of the facts presented by the applicant, research done by the staff, and consideration of the relevant factors in the Comprehensive Zoning Ordinance and the Alcohol Ordinance of Augusta, Georgia. New facts may emerge, and staff reserves the right to make an oral recommendation at the hearing based on all the information available at that time. t. L 3. 4. 5- 6- 7. 8. 9, { .."",r,I* d- Ail\ .*.\, . n Auguste'Richmord Cdtry Plening & Darabpmcnt OWum* 1803 Menrb &iffin Xmd AugustqGA.3(D(l6 ALCOEOL BEVENTGE ATPLICAIION NcobolldmbcrlCEtBZtffiE25 Yc 20!E AtcohdAsmlMs&cr Nroc dBuaimr llitti Vl'&, LLC Appliclot Nre rnd Addnar: Ap[mtSod.l Scqrily #D.O.E. I If ADdidim b r ttan&r, lira rwiou BraircrclcknAdry&Drcd {t{7r6700 z6iqg oEhrr Locaion Marecr(s) Gctla tlebat lr Appticul u AmicnCitia a Alisr hsdblty rfuied fu pcmu:at rcridtocy? 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B) Ubry-- D) hrblicRecrio Srda ofc*ugh, Ary.rr.nicbsld Collty,I, Jitrny lhcol!,y,I, J.ltrnyiffi Do rolcdy rcrr, eidccr t trs psrhicr of firc s*rrb& *rr*c arEorl0l sd ans*ur m&tyrm s tb rgplicrut ia ttc fugoiag dcoholic rppli:aioorn: tlua. I harly c.rtiry ir porrmllyb*o o tc,Y.ht.H.I* lt--tr*ffi*,".=YH.H --::i1 l Hod Ua&lood dl ukum rrd $*strr mdc hd.n\ a4 r* dr dy ThcBoudofC@briurmftc &yof in&cyrrr (epprcrca OirpurcC) thc Orfpag T6cdC trf"? i-*(otatr Admhirrm Commission Meeting Agenda 10/4/2022 2:00 PM Amended Alcohol Application Department:Planning & Development Department:Planning & Development Caption: Amended Alcohol Application: A. N. 22-22-3- A request by Jeremy Hawes for reconsideration of the amended alcohol application. The applicant is requesting that Dance be removed from the previously approved alcohol application. Background:This application was approved at the April 12, 2022 Public Service Committe Meeting. Analysis:The applicant has met with the Augusta Fire Department and Planning & Development. Financial Impact:N/A Alternatives: Recommendation:Approve to remove the Dance from the application. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 10/4/2022 2:00 PM Weed School Sand Hills Department:Planning & Development Code Enforcement Division Department:Planning & Development Code Enforcement Division Caption:Receive update from Code Enforcement relative to Weed School in Sand Hills. (Requested by Commissioner Jordan Johnson) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Proposed Augusta, EMS Contract 01708888-1 01704214-1 Page | 1 CONTRACT FOR 9-1-1 AMBULANCE RESPONSE AND EMERGENCY MEDICAL SERVICES This Contract for 9-1-1 Ambulance Response and Emergency Medical Services (“Contract”) is made and entered into effective as of the ____ day of ___________, 2022 (the “Effective Date”), by and between GOLD CROSS EMS, Inc., a Georgia Corporation (the “Contractor”), and the Consolidated Government of Augusta, Georgia, a political subdivision of the State of Georgia (“Augusta, Georgia” or the “City”). WHEREAS, Augusta, Georgia desires satisfactory arrangements to provide ambulance response and emergency medical services in conjunction therewith within the Service Area (as defined herein); WHEREAS, Contractor operates an emergency medical service business operating in a geographic area that includes the Service Area under the guidelines of Georgia Emergency Medical Services Act (O.C.G.A. §31-11-1, et seq.) and the regulations promulgated thereunder by the Georgia Department of Public Health (Ga. Comp. R. & Regs. §511-9-2, et seq.); and WHEREAS, Augusta, Georgia desires that Contractor provide ambulance response and emergency medical services within the Service Area upon the terms and conditions set forth in this Contract; and WHEREAS, Contractor desires to provide ambulance response and emergency medical services within the Service Area upon the terms and conditions set forth in this Contract. NOW, THEREFORE, in consideration of the premise, the mutual covenants and promises hereinafter set forth, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows: ARTICLE I DEFINITIONS The following terms when used in this Contract shall have the meanings as follows: 1.1 Act means the Georgia Emergency Medical Services Act (O.C.G.A. §31-11-1, et seq.) and the regulations promulgated thereunder by the Georgia Department of Public Health (Ga. Comp. R. & Regs. §511-9-2, et seq.). 1.2 Advanced Life Support (ALS) means the assessment, and if necessary, treatment or transportation by ambulance, utilizing medically necessary supplies and equipment provided by at least one individual licensed above the level of emergency medical technician, as approved by the department. 1.3 Ambulance means a motor vehicle registered by the Department that is specially constructed and equipped and is intended to be used for emergency transportation of patients. 1.4 Ambulance Service means the providing of emergency care and transportation on the public streets and highways of this State for a wounded, injured, sick, invalid, or incapacitated human being, to or from a place where medical or hospital care is furnished. Proposed Augusta, EMS Contract 01708888-1 01704214-1 Page | 2 1.5 Communications Center means the single facility, which receives emergency medical calls from the PSAP, notifies Emergency Medical Responders and dispatches Ambulances operating in the Service Area. For purposes of this contract, this is the Contractor Dispatch Center. 1.6 Contract Administrator means the person with daily oversight of the EMS Contract and shall be the Fire Chief of Augusta, Georgia (herein used synonymously with “Augusta, Georgia”). 1.7 Department means the Georgia Department of Public Health. 1.8 EMA Director means the Director of the Augusta, Georgia Emergency Management Agency. 1.9 Emergency means any request for ambulance services in connection with circumstances, which may be of a life-threatening or limb-threatening nature and which apparently requires immediate response. Such calls shall be designated Priority 1 or Priority 2. 1.10 Emergency Medical Services or “EMS” both emergency and non-emergency Licensed ambulance Services, Licensed Emergency Medical Responder Services, Licensed neonatal transport services and medical services provided in conjunction therewith. 1.11 EMSAB means the Emergency Medical Service Advisory Board consisting of the Contract Administrator, a designee of the Contractor and the Contractor’s Medical Director and an Augusta Fire Department EMS Coordinator, each with sufficient knowledge, skill, and experience to participate meaningfully. 1.12 EMS Personnel means; any person licensed by the department as an EMT-R, EMT, EMT- 1, AEMT-CT, or paramedic. 1.13 EMS System means the comprehensive coordinated arrangement of resources and functions to respond to medical emergencies and other medical needs in conjunction with providing EMS in the Service Area. 1.14 Emergency Medical Responder means an individual who has successfully completed a department approved EMR course with a minimum of 80 hours of training 1.15 First Responder means any person or agency who provides on-site care until the arrival of a duly licensed ambulance service. 1.15 First Responder Organization A group or association of First Responders that, working in cooperation with a Licensed Emergency Medical Services provider, provide immediate on scene care to ill or injured persons but does not transport those persons. 1.16 License or Licensed means that a person or entity has complied with all requirements of the Act, the Department, and all other regulatory bodies necessary to perform its respective functions. 1.17 Medical Director means the licensed physician (or his/her designee) employed by the Contractor who provides immediate and concurrent clinical guidance to EMS Personnel regarding pre-hospital management of a patient. 1.18 Medical Protocol means a written statement of standard procedures, promulgated by the Department or the Medical Director as the medically appropriate standard of out-of-hospital care for a given clinical condition, which shall also be subject to the reasonable approval of the EMSAB. Proposed Augusta, EMS Contract 01708888-1 01704214-1 Page | 3 1.19 Mutual Aid Agreement means a written agreement between providers of Emergency Medical Services where the parties agree to provide assistance to one another in a reasonable manner. Reasonable Mutual Aid means responding for assistance from contiguous counties PSAP center, not to exceed five times per week, unless there are extenuating circumstances deemed appropriate by the Contractor and Contract Administrator. 1.20 Non-Emergency means any request for Ambulance transport service to an emergency room for a Patient, which is not an Emergency request, but is nevertheless a valid transport request. Such calls shall be designated Priority 3. 1.21 Non-peak Hours means 8:00 pm through 7:59am Sunday-Friday. 10pm through 9:59am on Saturday and Holidays. 1.22 O.C.G.A. means Official Code of Georgia Annotated. 1.23 Quick Response Vehicle (QRV) means an emergency response motor vehicle that is staffed with a paramedic. 1.24 Patient means an individual who is ill, sick, injured, wounded, helpless or otherwise incapacitated, and who is in need of, or is at risk of needing medical care or assessment during transportation to or from a health care facility, and who is reclining or should be transported in a reclining position. 1.25 Patient Charges means those amounts charged to Patients by Contractor for services provided hereunder. 1.26 Peak Hours – 8:00am through 7:59pm Sunday-Friday. 10:00am through 9:59pm on Saturday and Holidays. 1.27 PSAP (911 Public Safety Answering Point) means the public safety agency which receives incoming 9-1-1 telephone calls and dispatches appropriate public safety agencies to respond to such calls. For purposes of this contract, this is the Augusta 911 Center. 1.28 Priority means the call priority number (i.e. Priority 1, 2 or 3) of all requests for an ambulance, which is determined by the Contractor’s Communications Center, pursuant to telephone algorithms and priority dispatch protocols. Contractor’s Communications Center shall provide the priority of the incident to the PSAP to determine if First Responder resources are needed for the incident. a. Priority 1 calls shall be life threatening (Ambulance responds with lights and siren). b. Priority 2 calls shall be all other emergency calls (Ambulance responds with lights and siren but can be diverted to a Priority 1 call if they are the closest Ambulance to the emergency). c. Priority 3 calls shall be a non-emergency ambulance transport of a Patient (Ambulance does not utilize lights and sirens for the incident). 1.29 Response Time means the actual time elapsed between the time the Contractor receives sufficient information to allow the Contractor to respond to the call and the actual arrival at the location of an Ambulance or the arrival of a QRV when patient transport is not required, provided however, that if a QRV is first on scene and determines that the Priority of the call is upgraded or downgraded, then the Response Time for the ambulance shall commence at the time the Priority of the call is communicated by the QRV. Proposed Augusta, EMS Contract 01708888-1 01704214-1 Page | 4 1.30 Response Time Standard means not more than the times as follows: Level Urban Rural Priority 1 Less than 12min 90% of the calls Less than 15 min 90% of the calls Priority 2 Less than 15min 90% of the calls Less than 20 min 90% of the calls Priority 3 Less than 30 min 90% of the calls Less than 31 min 90% of the calls 1.31 Rural means those areas generally south of Willis Foreman Road and Brown Road in Augusta, Georgia as shown on Exhibit “A” a map captioned “EMS Response Zones” which is attached hereto and incorporated herein by reference. 1.32 Service Area means that area which is contained within the boundaries of Richmond County, Georgia, excluding the United States Army installation known as Fort Gordon. 1.33 State means the State of Georgia and its regulatory agencies. 1.34 Subsidy means those funds provided by Augusta, Georgia to help offset contractor expenses related to fulfilling obligations of the contractor herein. 1.35 Term means the period set forth in Section 2.1. 1.36 Urban means those areas generally located north of Willis Foreman Road and between Brown Road in Augusta, Georgia as shown on Exhibit “A”, a map captioned “EMS Response Zones”, which is attached hereto and incorporated herein by reference. ARTICLE II TERM AND SCOPE OF CONTRACT 2.1 TERM. This Contract shall commence on the Effective Date and shall be in place for a five (5) year period with an option to renew per the schedule below and shall terminate on [_____] 2027 at 11:59 p.m. provided, however, that this Contract shall have two successive automatic renewals to extend the term of this Contract as follows: (the period running from the Effective Date until the last date set forth below shall be referred to herein as the “Term”). Renewal 1: from 2027 to 2028 Renewal 2: from 2029 to 2031 This contract shall (i) terminate absolutely and without further obligation on the part of Augusta each and every December 31 at 11:59 pm as required by OCGA § 36-60-13, as amended, unless terminated earlier in accordance with the termination provisions of this agreement; and (ii) automatically renew on each January 1st at 12:00 AM, unless terminated in accordance with the termination provisions of this Agreement; and (iii) terminate absolutely, with no further renewals, unless extended by written agreement. Notwithstanding any other provision herein, this Contract shall terminate if Contractor is no longer the State of Georgia EMS provided for the State of Georgia region VI (for Augusta, Georgia). This Contract shall terminate immediately and absolutely at such time as appropriate and otherwise unobligated funds are no longer available to satisfy the obligations of Augusta, Georgia under the Contract. Proposed Augusta, EMS Contract 01708888-1 01704214-1 Page | 5 All terms and conditions of this Contract shall remain in force with each automatic renewal. 2.2 SCOPE OF CONTRACT/SERVICE EXCLUSIONS. During the term of this Contract, the Contractor shall furnish Emergency Medical Services as set out herein throughout the Service Area. In this regard, Contractor shall provide dispatchers at the Communications Center 24 hours a day, 365 days per year to dispatch Ambulances in response to calls. Dispatchers will be Emergency Medical Dispatcher (EMD) Certified. 2.3 PROVISION OF SERVICES. Contractor shall manage all day-to-day operations including dispatch, field operations, billing, collections, purchasing and other operational functions. Contractor shall negotiate all Mutual Aid Agreements for the Service Area as may be necessary, maintain all facilities and equipment; hire, terminate, and provide or arrange for in-service training of all EMS personnel under the authority of Contractor; manage all billing and collection functions related to Contractor’s services hereunder; and generally manage all aspects of the Contractor’s EMS operations. Contractor must hold and maintain all required licenses and permits required by law to provide services outlined. Contractor’s services shall include, but not be limited to, the following: a. Employ and manage all of Contractor’s EMS Personnel; b. Ensure that each Ambulance crew meets applicable State requirements; c. Provide employee in-service training sufficient to meet applicable State requirements, to include continuing education training and re-licensure requirements; d. Provide for all Ambulances, equipment and supplies necessary to perform under this Contract. In this regard Contractor shall provide a minimum of ten (10) dedicated ambulances during peak time and a minimum of eight (8) during non-peak time dedicated and available for service within the service area. No less than eight (8) ambulances shall be staffed to the ALS level. It shall be the responsibility of the Contractor to maintain and replace equipment and vehicles as necessary at their expense. Both parties agreed to review the number of ambulances in the EMS system, annually. Contractor shall have a six month period from the Effective Date to comply with this provision. e. Contractor shall also provide three (3) Paramedic Level QRV 24 hours a day to provide ALS backup, ALS interventions, and Emergency Medical Responder services. Contractor shall have a six month period from the Effective Date to comply with this provision. f. Furnish all fuel, lubricants, repairs, initial supply inventory and all supplies for Contractor’s operations; g. Conduct all billing and collection activities and procedures provided, however, that Contractor shall not delay or deny any treatment or valid transport request due to any Patient’s inability to pay; h. Provide sufficient dispatch, equipment, supplies, and maintenance to perform under this Contract, which shall include the transfer of medical related 9-1-1 calls from the PSAP to the Contractor’s Communications Center for screening by the Contractor’s personnel and assignment of the closest available Ambulance by the Contractor’s dispatch personnel; and i. Maintain State and local vehicle permits and personnel certifications, and the State provider’s License; j. Maintain, at no additional cost to Augusta, Georgia, a vehicle locater system (AVL or Geolocator) that will allow dispatchers to track the number of available units, and QRV resources assigned to Richmond County in real time and allow unrestricted view access only to allow for transparency and oversight. To include access to location information/data, ambulance status, and emergency call data information; and k. County may, at no cost to the Contractor, purchase, implement, operate and maintain a middleware software/hardware program to share real-time emergency call data and information between the PSAP’s Computer Aided Dispatch (CAD) system and the Contractor’s Communications Center CAD system. Contractor agrees to assist County with implementation, connectivity, troubleshooting and support of the middleware program. Middleware program will also include a vehicle locater system (AVL or Geolocator) to will allow dispatchers to track the number of available units and QRV resources assigned to Richmond County in real time and allow unrestricted access to allow for transparency and oversight. Middleware program shall include access to location information/data, Proposed Augusta, EMS Contract 01708888-1 01704214-1 Page | 6 ambulance status, and emergency call data information identified by Augusta, Georgia; and l. Conduct quarterly reviews of performance with the EMSAB to review statistics, data and monitor trends with a status report provided to the Augusta Commission quarterly; and m. Provide daily, monthly and on demand reports, which detail call response times, unit availability and call quantity; and n. Operate EMS System to meet all clinical Standards; and o. Provide and update the public with EMS related information; and p. Operate and maintain substations, to each of which at least one Ambulance shall be assigned; provide Augusta, Georgia with a listing of all substations q. To utilize a system status methodology to rotate/move available Ambulance resources to areas requiring ambulance coverage; and r. The contractor and Augusta, Georgia with the approval of both the Medical Director and the Fire Chief, allow each other to use any equipment and/or medications for which their personnel are trained, credentialed and is within their scope of practice. This will be done at no charge to either agency; and s. Transport Augusta, Georgia employees who are injured while on duty to an area hospital as designated by the employee at no additional cost to Augusta, Georgia or to the employee after insurance has been filed. t. The Contract will govern the provision of services provided under this Contract. In the event of a conflict, the provisions of this Contract shall govern. u. Contractor may delegate, assign or subcontract all or a portion of its rights and obligations under this Contract, including to one or more of its affiliate companies, and such affiliate’s ambulances and personnel shall count toward the satisfaction of Contractor’s provision of services hereunder. Notwithstanding the foregoing provisions (permitting delegation, assignment or subcontracting) and notwithstanding any other provision of this contract, Contractor (Gold Cross EMS, Inc.) is not relieved of and shall remain solely responsible for the fulfillment of the obligations and responsibilities of Contractor in and under this contract. v. Contractor shall not discriminate against any person in its operations, activities or delivery of services under this Contract. Contractor shall affirmatively comply with all applicable provisions of federal, state and local equal employment laws and shall not engage in or commit any discriminatory practice against any person based on race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation or any other factor which cannot be lawfully used as a basis for the provision or denial of service delivery. w. Contractor hereby warrants and represents that at all times during the Contract Term, it shall maintain in good standing all required licenses, certifications, and permits required under federal, state and local laws necessary to perform the services required by this Contract. x. The Contractor is responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and will provide the necessary protection to prevent damage, injury or loss to all employees on the Work and other persons who may be affected thereby, all the Work and all materials or equipment to be incorporated therein. y. Contractor shall maintain a Drug Free Workplace. z. The waiver by either party of any failure on the part of the other party to perform in accordance with any of the terms or conditions of this Contract shall not be construed as a waiver of any future or continuing similar or dissimilar failure. aa. In the event the Contractor is a foreign corporation, partnership, or sole proprietorship, the Contractor hereby irrevocably appoints the Georgia Secretary of State as its agent for service of all legal process for the purposes of this Contract only. bb. This Contract constitutes the sole Contract between the parties. No representations oral or written not incorporated herein shall be binding upon the parties. No amendment or Proposed Augusta, EMS Contract 01708888-1 01704214-1 Page | 7 modifications of this Contract shall be enforceable unless approval by action of Augusta. cc. If the Contractor is asked by Augusta to perform Work beyond the scope of this Contract for which payment is desired, it shall notify Augusta in writing, state that the work is considered outside the basic scope of work of this Contract, give a proposed cost for additional work, and obtain the approval in writing from Augusta prior to performing the additional work for which it is to be paid. Augusta shall in no way be held liable for any work performed under this section which has not first been approved in writing by Augusta. dd. Augusta and Contractor each binds itself and its partners, successors, executors, administrators and assigns to the other party of this Contract and to the partners, successors, executors, administrators and assigns of such other party in respect to all covenants of this Contract; except as above, neither Augusta nor Contractor shall assign or transfer its interest in this Contract without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officers or agent of Augusta, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the parties to this Contract. ee. Any document supplied by Contractor to Augusta related to the services provided hereunder shall remain the property of Augusta. Augusta reserves the right or approval prior to the distribution of any written material prepared by Contractor. Contractor agrees that Augusta may reuse all such documents, in its sole discretion, without first obtaining the permission of Contractor and without any further payment to Contractor 2.4 PROFESSIONAL SKILLS AND TRAINING OF PERSONNEL. All of Contractor’s personnel shall possess the professional skills, expertise and experience necessary to perform the jobs which each holds and those which are required to be Licensed or certified by any applicable law or regulation, shall have and maintain all necessary Licenses and certifications while performing services hereunder. Contractor’s personnel shall attend training sessions sufficient to maintain any Licenses or certifications (if required) necessary to perform the jobs, which each such person performs. The cost of training and/or certification maintenance of Contractor(s)’s employees shall be the sole responsibility of the Contractor(s). 2.4 WORK SCHEDULES AND WORKING CONDITIONS. Contractor shall utilize work schedules, shift assignments, and provide adequate working-conditions in compliance with applicable law in all material respects. Contractor shall comply with all federal and state wage and labor laws. Contractor shall maintain, and provide to Contract Administrator, written policy demonstrating utilization of management practices that ensure personnel working extended shifts, part time jobs, and voluntary or mandatory overtime, are not fatigued to an extent that might impair judgement or motor skills and will not negatively affect patient care. 2.6 RESPONSE REQUIREMENTS. In providing EMS under this Contract, contractor shall meet the Response Time Standards. In each instance where the Response Time Standard is not met, the Contract shall notify the Contract Administrator, within the monthly reports as provided in Section 2.13.1. The Contractor and the Contract Administrator shall review these occurrences quarterly. Contractor(s) shall respond to all calls, without delay, with the closest available appropriate unit when dispatched. All response times, measured in seconds and not whole minutes. Contractor shall have a six month period from the Effective Date to comply with this provision. 2.7 PSAP OPERATIONS. On all 911 calls transferred to the Contractor’s Dispatch Center from the Augusta, Georgia PSAP, Contractor’s personnel shall use appropriate Emergency Medical Dispatch (EMD) protocols and Contractor’s Dispatch Center shall report to PSAP the priority level for the incident. PSAP personnel will determine any need for First Response by the Augusta, Georgia Fire Department based on Fire Department Operational Procedures. At the Contractor’s expense, Contractor shall furnish and maintain a system status board in the Augusta, Georgia PSAP, which shall show location and status and provide GPS tracking of each ambulance assigned to Richmond County. Prior to the start of each 12-hour shift Contractor shall provide Proposed Augusta, EMS Contract 01708888-1 01704214-1 Page | 8 the PSAP and the Contract Administrator and/ or designee of Augusta, Georgia with a roster of each ambulance assigned to Richmond County, the personnel on each ambulance, and each personnel’s certification level. 2.8 USE OF MUTUAL AID AND EMERGENCY MEDICAL RESPONDERS ALLOWED. Contractor will arrange for and utilize Mutual Aid Agreements with other EMS providers as determined by the Contractor, and may utilize Emergency Medical Responder services furnished by itself or neighboring EMS providers, pursuant to any applicable mutual aid agreements, as determined by the Contractor. If any compensation to the neighboring EMS provider is agreed to, it is the responsibility of the Contractor to pay such compensation. Augusta, Georgia shall be notified of all Mutual Aid Agreements by the Contractor. Contractor shall have a signed agreement with a secondary ambulance service to serve as a back-up transport service within ninety (90) days of execution of the Agreement. A copy of said agreement shall be promptly provided to the Contract Administrator. 2.9 CONTRACTOR PERSONNEL. All persons employed by Contractor in the performance of work under this Contract shall be holders of appropriate permits to their professions. It is understood and agreed that Contractor and its employees shall comply in all material respects with customary procedures, standards, rules and regulations for Patient care and Ambulance maintenance. 2.10 PROFESSIONAL CONDUCT AND DRESS. Contractor’s employees and agents shall provide courteous and professional conduct and appearance at all times. The EMS Personnel shall have a uniform to be worn when on duty. Uniform styles shall be determined by the Contractor. Identification of the Contractor’s employee EMS license or certification level must be visible while operating in the field. All EMS personnel must undergo blood and urine drug screens for detection of infectious diseases or illegal substances in accordance with the requirements under the Occupation Safety Health Act, and/or Contractor rules and regulations, and are the responsibility of the Contractor. • Contractor(s) shall make each employee aware of his/her responsibility to consent to the release of information between Augusta, Georgia and the Contractor(s). • Contractor(s) shall allow County personnel to ride along with Contractor(s)’s staff for the purpose of training and/or remediation of AFD personnel, to include all levels of licensure at no charge to Augusta, Georgia. • All response personnel shall be physically capable of performing the tasks assigned by the Contractor(s) to meet the needs of this contract. • The Contractor(s) will immediately transport to a facility for testing any Personnel suspected to be using or under the influence of drugs or alcohol or other intoxicant or have an agent of a testing facility come to the location of the employee to obtain a necessary sample. The Contractor(s) will be responsible for any and all costs associated with this testing. Any Personnel suspected of being under the influence of any drug or intoxicating substance will be immediately relieved of duty by Contractor(s) until there is clinical proof to the contrary. • Clinical performance must be consistent with approved medical standards, protocols and guidelines set forth by the State of Georgia and Augusta, Georgia. • Should the need arise, following formal investigation to the same, Augusta, Georgia reserves the right to prohibit a specific employee of the Contractor(s) from working on units providing response within the Richmond County response area. Proposed Augusta, EMS Contract 01708888-1 01704214-1 Page | 9 2.11 STANDARDS FOR VEHICLES AND EQUIPMENT MAINTENANCE. a) Ambulances performing services under this Contract shall meet or exceed the vehicle specifications outlined in the Georgia Ambulance Rules & Regulations. Ambulances with mileage in excess of 350,000 miles shall not remain in the front line fleet and reserve or backup Ambulances with mileage in excess of 450,000 shall not be utilized except in exigent circumstances. b) Each Ambulance shall be equipped with all required equipment and supplies for operations as required by the Act and the approved Medical Protocols. c) All costs of maintenance and repairs, including parts, supplies, labor, subcontracted services related to the Contractor’s fulfillment of its obligations under this Contract and costs of extended warranties shall be at Contractor’s expense. d) All mechanical, safety and special equipment shall be subject to inspection at any reasonable time by Contract Administrator or designee. e) No ambulance that has been substantially damaged shall be placed back in the service line until it has been adequately repaired. 2.12 MEDICAL DIRECTOR AND MEDICAL PROTOCOL. Contractor shall employ a Medical Director at all times during the term of this Contract. Medical Protocol that effects the service provided hereunder shall be subject to the reasonable approval of the EMSAB. 2.13 DISASTER RESPONSE. During a declared disaster, as determined by an agency of government either locally or in a neighboring jurisdiction, the normal course of business under this Contract shall be interrupted from the moment the Contractor has received actual notice of the disaster situation. Contractor shall commit such resources as are necessary and appropriate, as determined in Contractor’s discretion, given the nature of the disaster, and shall assist in accordance with the disaster plans and protocols applicable in the locality where the disaster has occurred. The disaster-related provisions of this Contract are: a) During the course of the disaster, Contractor shall use reasonable best efforts to provide local ambulance coverage and if necessary, Emergency responses, informing persons requesting such service of the reason for temporary suspension. b) During such period, Contractor shall be released from time reporting requirements, including late run penalties, until notified by the EMA Director or designee that disaster assistance is terminated c) When disaster assistance has been terminated, Contractor shall resume normal operations as rapidly as is practical considering exhaustion of personnel, need to restocking, and other relevant considerations. d) In the event that additional resources are necessary to respond to the disaster, as determined in the discretion of Contractor, provision of such services by Contractor shall be pursuant to a separate Contract between Contractor and Augusta, Georgia. 2.13.1 REQUIRED REPORTS. A. Reporting Requirements. Until such time as Augusta, Georgia has its middleware system in place, the Contractor shall provide to Augusta, Georgia a daily report containing requests for service calls that have a response time greater than thirty (30) minutes, as well as hospital wall time for the preceding 24 hours. This report shall also include units dispatched for calls originating outside of Richmond County. Contractor will also provide monthly indigent report of all calls written off for nonpayment. Once a quarter, during the term of this Contract, the Contractor shall provide to Augusta, Georgia an initial response time performance report relative to every request for 911 ambulance service originating within each priority zone classification (i.e. urban or rural) within the Service Area. Separate reports shall be submitted for Urban and Rural area. Contractor(s) shall use an electronic based patient care reporting system (ePCR) that is Georgia Emergency Medical Services Information System (GEMSIS) compliant. The Contractor(s) will Proposed Augusta, EMS Contract 01708888-1 01704214-1 Page | 10 allow the AFD Representative administrative access to their County related data stored on the GEMSIS server. The Contract Administrator and/or designees of Augusta, Georgia will be notified by email any time an Ambulance or QRV is taken out of service for a period greater than six hours. The Contract Administrator and/or designees of Augusta, Georgia shall be updated by email as necessary to the status of these units. Within ten (10) business days of the award of the contract, Contractor shall provide a list of staff along with their certification numbers. List shall be kept current and up-to-date during the term of the contract and provided to AFD quarterly or as requested. Contractors shall submit a daily staffing roster for the previous 24 hours including the employee name and certification level and a deployment plan for the next 24 hours to the AFD Representative no later than 0900 hrs. The roster and deployment plan must be updated and resubmitted as changes are made. Contractor shall notify Augusta, Georgia in writing within four (4) hours of any and all, accidents, injuries, complaints or mechanical difficulties, or other matters warranting notice, with regard to services provided under the Contract. Contractor must have a comprehensive complaint management plan to address and mitigate customer complaints. The Contractor(s) must notify Augusta, Georgia of the outcome or status of said complaint given due and timely notice. Incidents that require follow up to the customer must be resolved by the end of five (5) business days from when the call was received, and if not possible, a call must be made to the customer with the status of the request. The Contractor must provide a monthly report listing and detailing all complaints received and complaint outcomes within 15 calendar days of the preceding month to include but not be limited to the following elements: a. Billing complaints b. Customer service complaints 1. Augusta, Georgia must be notified in writing within two (2) business days whenever the following occurs: a) Change in the Contractor(s)’s management or supervisory structure. b) Contractor(s) shall provide AFD with the name, address, telephone number, and e-mail for the Contractor(s)’s Medical Director during the term of the contract. c) Contractor(s) shall notify Augusta, Georgia of any changes in the name, address, telephone number, fax number, and e-mail for the Contractor(s)’s Medical Director during the term of the resulting contract. d) Contractor(s) shall provide a monthly summary report of Quality Improvement issues, including remedies or corrective actions and attend a monthly meeting with a AFD Representative to review the findings. 2. Monthly Report – Until such time as Augusta, Georgia has its middleware system in place, Contractor(s) shall submit monthly reports, which shall include call priority number, in a spreadsheet format, to the Contract Administrator including, but not limited to: All information regarding average and 90th percentile performance measures for the following time segments: Proposed Augusta, EMS Contract 01708888-1 01704214-1 Page | 11 a) Turnout Time – from when the call is received by ambulance from the contractor’s communication center via notification by the CAD until the unit is en route. b) Travel Time – from when the unit is en route to when the unit arrives on scene c) Total Response Time – (Turnout Time + Travel Time = Total Response Time). d) Scene Time – from when the unit arrives on scene until the unit is en route to the hospital or returns to service. e) Transport Time – from when the unit is en route from the scene to a destination facility until arrival at a destination facility. f) At Hospital Time – from when the unit arrives at the destination facility until the unit returns to service Monthly reports must be submitted to AFD no later than the 5th day of each month for the preceding month. Reports should include information specific to incorporated and unincorporated areas of Augusta, Georgia. Reports need to be countywide in scope, as well as individual reports using current geographic municipal boundaries for each City inside the County to include the abovementioned information. Annual Report - Contractor(s) shall also submit a year-end report summarizing services provided for the contract period and any renewal contract period by January 15th of each contract term. Contractor(s) shall provide the raw incident response data for any report submitted. Quarterly reports shall include a listing by zone classification of Response Time Exceptions, including responses for which Augusta, Georgia may grant Response Time Exceptions, as provided herein. The format of such report shall be agreed upon by Contractor and Augusta, Georgia. B. Request for Response Time Exemption. Once a quarter, during the term of this agreement, the Contractor shall submit a list identifying Response Time Exceptions for which it requests a Response Time Exemption. The Contractor’s request shall include sufficient documentation of the circumstances of each incident to justify an Exemption. Response Time Exemptions will be granted for: i. Requests during a declared disaster confirmed by Augusta, Georgia locally or in a neighboring jurisdiction, in which the Contractor is rendering assistance. During such periods, the Contractor shall use best efforts to simultaneously maintain coverage within the Service Area while providing disaster assistance as needed. Upon resolution of the disaster event, the Contractor shall apply to the Contract Administrator for retrospective relief from the late-run penalties accrued during the period of disaster assistance and for a reasonable period of restocking and recovery thereafter. ii. Delayed responses occurring due to hospital emergency department offload times (wall time) prolonging ambulances returning to service for emergency calls. Documentation, including the status and activity of all dedicated EMS System ambulances during instances of delayed responses attributable to offload delays and associated delayed response data shall be Proposed Augusta, EMS Contract 01708888-1 01704214-1 Page | 12 provided. In addition to the above exceptions from response time requirements, response time requirements shall be exempted for late responses as follows: a. Responses cancelled prior to the arrival of Contractor on scene; b. Responses not resulting in patient contact; c. Responses during an unpredictable system overload period. Overload shall be defined as when the number of requests for service exceeds ten current calls and all ambulances as required by Section 2.3 are dispatched. When the system is in a period of overload, all non-compliant calls during that period shall be automatically exempted; d. Response during the time Contractor is responding to a single emergency requiring more than two (2) ambulances (such as a bus wreck or multi-vehicle pile-up); e. Responses delayed by transmission of erroneous, incomplete or inaccurate information by the PSAP, including but not limited to incorrect addresses or call locations whether the fault of the PSAP or the caller; f. Responses delayed due to inclement weather resulting in slowed traffic patterns and/or hazardous driving conditions that are reported by crews to the PSAP or Communications Center while enroute or that are reasonably documented by other means after the response (e.g., moderate/heavy rain, sleet, snow); and g. A hospital delay period (“Hospital Delay Period”) shall be a period where a response is delayed due to: (i) local hospital overload causing units to transport patients past the closest appropriate facilities, i.e., a declared diversion; and/or (ii) emergency room patient saturation levels causing off-load times for two (2) or more ambulance crews in excess of 30 minutes to overlap. All Contractor non- compliant calls that were dispatched during a Hospital Delay Period shall be automatically exempted. iii. No Other Exemptions. No other causes of late response within Contractor’s reasonable control (i.e. equipment failure, at-fault vehicular accident) shall serve to justify Exemption from Response Time Standards or late-run penalties unless specifically authorized by the Contract Administrator. C.. Method of Measurement. For purposes of determining Contractor’s compliance with Response Time Standards, the following shall apply: i. Requests not resulting in patient contact, unless it can be established that the reason for the lack of patient contact was due to Contractor’s long response time (e.g. call was cancelled after the expiration of the applicable response time standard), shall not be counted. ii. Time-On-Scene shall be the time Contractor notifies dispatch Center that it has arrived at the incident location. Response to locations lacking access by way of a street or road maintained for public or private use shall be measured as the interval between Time-Call-Dispatched and the time the responding crew advises the Contractor’s Dispatch Center they are leaving the maintained street or road to access the patient (e.g. staging area). Arrival “at scene” shall be the time the ambulance arrives at the designated staging Proposed Augusta, EMS Contract 01708888-1 01704214-1 Page | 13 location or when QRV arrives at the designated location when patient transport is not required, provided however, that if a QRV is first on scene and determines that the Priority of the call is upgraded or downgraded, then the Response Time for the ambulance shall commence at the time the Priority of the call is communicated by the QRV. iii. In cases where multiple ambulances are dispatched to a single incident, the Contractor’s first arriving responder shall “stop the clock” and response times of later-arriving ambulances shall be excluded for response time statistics and late-run penalties. D. Incorrect Information. In the event a calling party gives the Contractor’s Dispatch Center an incorrect address, the stated address is repeated back to the calling party by the dispatcher, and the stated address is confirmed by the caller as the correct address, response time shall be measured from the time the Contractor’s Dispatch Center receives or otherwise discovers the correct address until the Contractor’s ambulance arrives at the scene. E. Late Run Liquidated Damages. Within ninety (90) days of the final response report for each quarter, Contractor shall pay a penalty of One Thousand Dollars ($1000) for each response Time Standard average that it fails to meet in a given quarter. 2.14 QUARTERLY CONTRACT COMPLIANCE. The EMSAB shall meet quarterly to receive information regarding Contractor’s contract compliance and to discuss any issues arising under the contract and review reports submitted. The Chairperson of the EMSAB shall be the Contract Administrator. The contractor agrees to provide Augusta, Georgia and its municipal partners the ability to enhance their level of service. The enhancement may take the form of dedicated units for an area to be agreed upon by the entity or entities funding the enhancement. 2.15 OTHER PROVIDERS OF 9-1-1 EMERGENCY AMBULANCE SERVICES. With the exception of the provision for backup services or for Emergency Medical Responders or the termination of the Contract as provided for herein or as required by action of the Department, Augusta, Georgia shall not enter into any Contract with any other contractor for ground response to 9-1-1 requests for Ambulance responses and Emergency Medical Services within the Service Area during the term of the Contract and any renewal thereof. Nothing herein shall be construed as prohibiting other contractors from providing Non-emergency Ambulance Services within the Service Area. 2.16 EMERGENCY REQUESTS TAKE PRIORITY. Whenever 9-1-1 requests for Ambulances are of such a volume that there are not sufficient Ambulances or personnel to meet the needs of Non-Emergency responses, Contractor shall place a priority on fulfilling Emergency requests. Contractor shall notify the individual or organization requesting such Non emergency service, explain the reason for the temporary delay and furnish a realistic estimate of when service will be available. Contractor shall make every reasonable effort to reduce and eliminate delays for Non emergency services. 2.17 QUARTERLY EQUIPMENT REPORT. Within thirty (30) business days after the end of each year’s quarter, Contractor shall provide Augusta, Georgia with a list of Vehicle Identification Numbers and corresponding mileage on each front line Ambulance and back-up Ambulance used in the performance of Contractor’s duties under this Contract. 2.18 RIGHT OF INSPECTION. The Contract Administrator may, by providing prior written notice, inspect facilities and equipment being used to operate the EMS System, provided such inspection right shall be just and reasonable and related to Contractor’s duties under this Contract, and further provided that such inspection right shall not interfere with the performance of Contractor’s duties under this Contract. Proposed Augusta, EMS Contract 01708888-1 01704214-1 Page | 14 ARTICLE III PAYMENTS AND FEES 3.1 COMPENSATION. As compensation for services rendered under this Contract, Contractor shall receive the following: a. Subsidy as provided in Section 3.2 hereof; and b. Patient Charges as provided in Section 3.3. hereof; and c. A one time flat fee of $ 250,000 for implementing the QRV service set forth in Section 2.3(e), payable within 30 days of the Effective Date. 3.2 SUBSIDY. Augusta, Georgia may pay Contractor an annual Subsidy in the amount of ($) for each year of this Contract. The subsidy amount may be made in equal monthly increments, being due on the first day of each calendar month, but not past due until the 15th day of the calendar month. Any partial years hereunder shall be prorated. 3.3 PATIENT CHARGES. Contractor may charge Patients who use its Emergency Medical Services fees not in excess of those described on Exhibit “B” attached hereto, subject to increases as provided for in Section 3.5 hereof. Augusta, Georgia shall have no liability for the payment of any unpaid Patient Charges. Augusta, Georgia shall have no liability for the payment of unpaid Patient Charges. 3.4 USER FEES. All retail patients, including beneficiaries of Medicare and Medicaid, patients covered by insurance and patients who have no insurance benefits will be charged equal amounts for equivalent services, subject to contractual allowances. Should Contractor institute a subscription program, all members will be “charged” at the retail rate, regardless of the amounts collected or collectable. Fees collected from managed care organizations utilizing an at-risk or capitated fee structure shall not be considered when calculating the Average Patient Charge (APC). 3.5 COMPENSATION ADJUSTMENT. Contractor may request, to the Augusta, Georgia Commission, an increase of Patient Charges under this Contract from time to time as determined. In the event this determination is foreseeable, the Contract Administrator must be notified in writing as soon as practically possible. Contractor may not increase Patient Charges no more than 5% in any year as compared to the prior year during the term of this Contract without written, prior, consent from the Augusta, Georgia Commission. 3.6 PERFORMANCE ADJUSTMENT. Beginning on the ninetieth (90th) day following the Effective Date, if Contractor fails to staff one of the required vehicles under this Contract more than four times per month then there shall be a $1,500 penalty for each occurrence. For purposes of this Contract, a vehicle is considered to be “not staffed” if it is out of service for more than 6 hours in a 24-hour period. ARTICLE IV REPRESENTATIONS AND WARRANTIES As an inducement to Augusta, Georgia to enter into this Contract, Contractor represents and warrants to Augusta, Georgia as follows: 4.1 ORGANIZATION AND FORMATION. Contractor is duly organized corporation in good standing under the laws of the State of Georgia and is authorized to do business in the Service Area. Proposed Augusta, EMS Contract 01708888-1 01704214-1 Page | 15 4.2 CAPACITY. Contractor has full power, authority and legal right to execute and deliver this Contract and to perform its duties hereunder, including delivery of the services contemplated hereby. 4.3 AUTHORITY AND ENFORCEABILITY. The execution, delivery and performance by Contractor of this Contract have been duly authorized by all necessary corporate action and do not and will not require any registration with consent or approval of, notice to, or any action by, any other person or entity. The provisions of this Contract constitute legal, valid and binding obligations of Contractor. 4.4 COMPLIANCE WITH OTHER INSTRUMENTS. The execution and delivery of this Contract and compliance with its terms, will not result in a breach of any of the terms or conditions of, nor constitute a default (with due notice or lapse of time or both) under any indenture, Contract, order, judgment or instrument under which Contractor is a party or by which Contractor or its property may be bound or affected; nor result in an occurrence of an event for which any holder or holders of indebtedness may declare the same due and payable, nor violate any provision of applicable law. 4.5 DISCLOSURE. To the best of Contractor’s knowledge, nothing in this Contract contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained herein not materially misleading. For purposes of this Contract, the term knowledge shall mean actual knowledge without independent investigation. As an inducement to Contractor to enter into this Contract, Augusta, Georgia represents and warrants to Contractor as follows: 4.6 ORGANIZATION. Augusta, Georgia is a body politic and corporate, and a political subdivision of the State having all the governmental and corporate powers, duties, and functions held by and vested in the City of Augusta and Richmond County, Georgia. 4.7 CAPACITY. Augusta, Georgia has full power, authority and legal right to execute and deliver this Contract and to perform its duties hereunder, including delivery of the payments contemplated hereby. 4.8 AUTHORITY AND ENFORCEABILITY. The execution, delivery and performance by Augusta, Georgia of this Contract have been duly authorized by all necessary action and do not and will not require any registration with, consent or approval of, notice to, or any action by, any other person or entity. The provisions of this Contract constitute legal, valid and binding obligations of Augusta, Georgia. 4.9 COMPLIANCE WITH OTHER INSTRUMENTS. The execution and delivery of this Contract and compliance with its terms, will not result in a breach of any of the terms or conditions of, nor constitute a default (with due notice or lapse of time or both) under any indenture, Contract, order, judgment or instrument under which Augusta, Georgia is a party or by which Augusta, Georgia or its property may be bound or affected; nor result in an occurrence of an event for which any holder or holders of indebtedness may declare the same due and payable, nor violate any provision of applicable law. 4.10 DISCLOSURE. To the best of Augusta, Georgia’s knowledge, nothing in this Contract contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained herein not materially misleading. For purposes of this Contract, the term knowledge shall mean actual knowledge without independent investigation. Proposed Augusta, EMS Contract 01708888-1 01704214-1 Page | 16 ARTICLE V ADDITIONAL COVENANTS During the term of this Contract, Contractor shall comply with each and every one of the following covenants. 5.1 COLLECTION OF PATIENT CHARGES. Contractor shall use its reasonable best efforts to collect Patient Charges by utilizing all reasonable means allowed by law; provided, however, that Contractor shall not be required to pursue collections in those instances where it is not economically reasonable to do so. 5.2 NOTICE OF DEFAULT. Upon its discovery of the occurrence of any default (or the existence of any fact or circumstance which can be reasonably expected to result in a default), or other noncompliance with any provision, term or condition of this Contract, the party alleging the default shall immediately give written notice detailing the default. 5.3 INSURANCE REQUIREMENTS. Contractor shall furnish Augusta, Georgia proof of coverage for the insurance requirements stipulated below, provided that Contractor may meet all or part of such requirements through self-insurance, to the extent permitted by law, upon proof of the same to Augusta, Georgia. All policies shall be written on an occurrence basis. No vehicle shall be operated by Contractor unless there is coverage in effect as provided for by the following: a. General liability in an amount not less than one million dollars ($1,000,000) per occurrence limit, two million dollars ($2,000,000) for the General Aggregate Limit (other than Products/Completed Operations), and one million ($1,000,000) limit for products/completed operations per occurrence/aggregate. b. Vehicle liability insurance with a combined limit of liability, per accident, of one million dollars ($1,000,000) coverage for Non-Owned and Hired liability, on all covered vehicles. c. Professional liability insurance in an amount of not less than one million ($1,000,000) for the per occurrence limit and two million dollars ($2,000,000) for the general aggregate limit. d. Excess liability limits of one million dollars ($1,000,000) general aggregate over the underlying limits outlined above. e. Workers’ compensation and employer’s liability insurance as required by and in conformance with the laws of the state of Georgia. 5.4 COMPLIANCE WITH ABUSE REGULATIONS. Contractor shall comply with the Department’s regulations concerning the prompt reporting of any suspected abuse of a child or elderly person. 5.5 PERMITS. Contractor holds a State ambulance License and all State and local vehicle permits necessary to provide EMS hereunder. Contractor shall be responsible for verifying that the State and local certifications and Licenses of its EMS personnel are in order and current at all times. 5.6 COMPLIANCE WITH REGULATIONS. Contractor shall materially comply with the Act, all current and future rules and regulations promulgated by the Department, and any other statute, rule or regulation governing the operation of the EMS System. 5.7 RELIANCE ON REPRESENTATIONS, WARRANTIES AND COVENANTS. Each and every representation, warranty and covenant contained herein, and all such representations, warranties and covenants in the aggregate, have been and will continue to be relied upon by Proposed Augusta, EMS Contract 01708888-1 01704214-1 Page | 17 Augusta, Georgia and are material to its decision to enter into and perform its obligations under this Contract. 5.8 ANNUAL FINANCIAL AUDIT REQUIRED. Contractor shall provide the City with annual audited financial statements prepared by an independent public accounting firm in accordance with generally accepted accounting procedures consistently applied. Statements shall be available within one hundred twenty (120) days of the close of each fiscal year. If contractor’s financial statements are prepared on a consolidated basis, then separate balance sheets and income statement for services rendered to the City pursuant to the contract are required and shall be subject to the independent auditor’s opinion. The financial statement shall include quarterly reports of monthly and year to date payer mix, cash income, accounts receivables status which shows actual collections verses write off of bad debt, discounts and reductions of fees. 5.9 RECOVERY FOR OVER-BILLING. If, as a result of such an audit, it is determined that Contractor or any of its Subcontractors has overcharged the City in the audited period, the City will notify Contractor. Contractor must then promptly reimburse the City for any amounts the City has paid Contractor due to the overcharges and, depending on the facts, also some or all of the cost of the audit, as follows: a. If the audit has revealed overcharges to the City representing less than 5% of the total value, based on the contract prices, of the goods, work, or services provided in the audited period, then the Contractor must reimburse the City for 50% of the cost of the audit and 50% of the cost of each subsequent audit that the City conducts; b. If, however, the audit has revealed overcharges to the City representing 5% or more of the total value, based on the contract prices, of the goods, work, or services provided in the audited period, then Contractor must reimburse the City for the full cost of the audit and of each subsequent audit. c. Failure of Contractor to reimburse the City in accordance with the foregoing is an event of default under this Contract, and Contractor will be liable for all of the City's costs of collection, including any court costs and attorneys' fees. 5.10 EMPLOYEE REPORTING. Contractor shall furnish to all employees approved “Incident Report Forms” and shall require employees to utilize such forms; and Contractor shall furnish its employees with approved “Equipment Failure Report Forms” and shall utilize such forms in conjunction with its equipment maintenance program. 5.11 PERFORMANCE BOND. Contractor will be required to furnish a performance security bond in the amount of one-quarter, twenty five percent (25%) of the annual subsidy for each year of the contract, including each renewal term. The guaranty of performance may be in the form of a cashier’s check, certified check made payable to Augusta, Georgia, performance bond, irrevocable letter of credit issued by a bank or savings and loan association, or other forms of performance security acceptable to Augusta, Georgia that are substantially equivalent to a performance bond in the amount of twenty-five percent (25%), one quarter of the annual subsidy for each year of the contract, including each renewal term. The security bond will be provided to Augusta, Georgia within thirty (30) days of the execution of this contract. Failure to meet the criteria to be used for the requirements of bond or other form of security is a default. ARTICLE VI TERMINATION 6.1 AUGUSTA, GEORGIA’S TERMINATION RIGHT. a. During the term of this Contract, as required by O.C.G.A. § 36-60-13, Augusta, Georgia shall have the right to terminate this Contract as set forth herein in Section 2.1. b. Augusta, Georgia may, for its own convenience and at its sole option, elect to terminate the Proposed Augusta, EMS Contract 01708888-1 01704214-1 Page | 18 Contract by delivering to Contractor, at the address listed in the Notices article of this Contract, a written notice of termination specifying the effective date of termination. Such notice shall be delivered to Contractor at least one hundred twenty (120) days prior to the effective date of termination. Anytime after the twelfth (12th) month following the Effective Date, Contractor may terminate this Contract for its own convenience and at its sole option by delivering to Augusta, Georgia, at the address listed in the Notices article of this Contract, a written notice of termination specifying the effective date of termination. Such notice shall be delivered to Augusta, Georgia at least one hundred twenty (120) days prior to the effective date of termination. 6.2 DEFAULTS. The following events shall constitute “Events of Default” under this Contract: a. If a receiver is appointed to take possession of all of substantially of the assets of Contractor, or Contractor makes an assignment for the benefit of creditors or files for bankruptcy or fails to have dismissed within 30 days a petition for involuntary bankruptcy. b. If there is an attachment, lien, levy, encumbrance, execution or other judicial seizure of all or substantially all of Contractor’s assets (or any other right or interest of Contractor in property) used to carry out its obligations under this Contract, if such attachment, lien, levy, encumbrance, execution or other seizure remains un-dismissed, undischarged, or not released for a period of thirty (30) days after the attachment, lien, levy, encumbrance, execution or other seizure thereof. c. If either party shall breach any other term, condition or covenant of this Contract and such breach shall not be cured after written notice and a twenty (20) day right to cure unless a longer or shorter cure period is elsewhere provided herein; provided, however, that if the default cannot be cured within said twenty (20) day period and diligently pursues the cure to completion, then the default shall be deemed timely cured, but in no event shall the time to cure a default exceed sixty (60) days. d. If Augusta, Georgia fails to make any payments due from it to Contractor under the terms of this Contract after written notice and a ten day right to cure. e. If Contractor is not the designated 911 provider for the Richmond County EMS Zone. 6.3 REMEDIES UPON DEFAULT. Upon the occurrence of Event of Default by Contractor or by Augusta, Georgia that is not timely cured, the non-defaulting party may immediately terminate this Contract by giving written notice of termination which shall specify the effective date of the termination. 6.4 PAYMENT IN THE EVENT OF DEFAULT. In case of termination of this Contract before completion of the work, Contractor will be paid only for the work performed through the effective date of termination as determined by Augusta, Georgia. 6.5 DAMAGE LIMITATION. Neither party shall be entitled to recover punitive damages from the other party to this Contract for any reason whatsoever, except if otherwise provided herein. ARTICLE VII MISCELLANEOUS PROVISIONS 7.1 INDEPENDENT CONTRACTOR. Contractor shall perform this Contract as an independent contractor, and nothing herein contained shall be construed to be inconsistent with that relationship or status. Nothing in this Contract shall in any way be construed to appoint or constitute Contractor as the agent, employee or representative of Augusta, Georgia. The manner and method of completing the work undertaken by Contractor shall be determined in its sole discretion. Proposed Augusta, EMS Contract 01708888-1 01704214-1 Page | 19 7.2 GOVERNING LAW. This Contract shall be subject to and governed according to the laws of the State of Georgia. 7.3 REMEDIES NOT WAIVED. Contractor agrees that the work specified shall be completed without further compensation except as provided in this Contract. Payment shall not be a waiver by Augusta, Georgia of any claims for breach or default. 7.4 BINDING EFFECT. This Contract shall be binding upon and shall inure to the benefit of the parties hereto, their respective successors, assigns or other legal representatives. 7.5 ASSIGNMENT. No right or obligation hereunder may in any way whatsoever be assigned or delegated to a third party without the express prior written consent of the other party hereto, such consent not to be unreasonably withheld, and any attempted assignment without such consent shall be considered null and void. Notwithstanding the foregoing, Contractor may assign this Contract by reason of an Acquisition or Asset Transfer. For purposes of this Contract: “Acquisition” means (i) any consolidation or merger of Contractor with or into any other limited liability company, corporation, partnership, or other entity, or any other reorganization, other than any such consolidation, merger, or reorganization in which the interests of Contractor immediately prior to such consolidation, merger, or reorganization continue to represent a majority of the economic interests and voting power of the surviving entity (or, if the surviving entity is a wholly owned subsidiary, its parent) immediately after such consolidation, merger, or reorganization; or (ii) any transaction or series of related transactions in which in excess of 50% of Contractor’s economic interests or voting power is transferred; and “Asset Transfer” means a sale, lease, exclusive license, or other disposition of all or substantially all of the assets of Contractor. Contractor shall provide written notice within 120 days of the closing of any such Acquisition or Asset Transfer and this Contract shall be deemed assigned effective as of the date such notice is delivered to the Contract Administrator. 7.6 VENUE. All claims, disputes and other matters in question between the Contractor and Augusta, Georgia arising out of or relating to the Contract, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The Contractor, by executing this Contract, specifically consents to jurisdiction and venue in Richmond County and waives any right to contest the jurisdiction and venue in the Superior Court of Richmond County, Georgia. 7.7 SEVERABILITY. If any portion or portions of this Contract shall be for any reason invalid or unenforceable, the remaining portion(s) shall be valid and enforceable and carried into effect unless to do so would clearly violated the present legal and valid intention of the parties hereto. Proposed Augusta, EMS Contract 01708888-1 01704214-1 Page | 20 7.8 NOTICES. Any notice required or permitted to be given pursuant to any provisions of this Contract shall be given in writing, and either delivered in person, deposited in the United States mail, postage pre-paid, registered or certified mail, return receipt requested, properly addressed, or by a nationally recognized overnight courier service, to the following addresses: Augusta, Georgia Attention: Contract Administrator 3117 Deans Bridge Road Augusta, Georgia 30906 Fax Number (706) 821-2907 And Attention: General Counsel 535 Telfair Street, Building 3000 Augusta, GA 30901 Fax Number (706) 821-5556 And Attention: Office of the Administrator 535 Telfair Street, Suite 910 Augusta, GA 30901 Fax Number (706) 821-2819 Gold Cross EMS, Inc. Attention: Chief Executive Officer P.O. Box 14848 Augusta, Georgia 30919 Fax Number (706) 396-2100 Proposed Augusta, EMS Contract 01708888-1 01704214-1 The notification addresses listed above can be changed by either party with written notice to the other party. 7.9 ENTIRE CONTRACT / OTHER CONTRACTS. This Contract constitutes the entire Contract and understanding between the parties with respect to the subject matter hereof and supersedes any previous Contract or understanding, whether oral or otherwise. No modification of this Contract shall be valid unless in writing and signed by each of the parties hereto. This Contract shall not supersede or affect other Contracts between the Augusta, Georgia and Contractor for compensation to Contractor for services other than responding to 9-1-1 Calls, except as specifically provided in such Contracts. 7.10 MODIFICATIONS AND WAIVERS. Neither this Contract nor any term hereof may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against whom the enforcement of the change, waiver, discharge or termination is sought. 7.11 CAPTIONS. Captions to the Articles and Sections of this Contract are for convenience of reference only and in no way define, limit, describe or affect the scope or intent of any part of this Contract. 7.12 LIMITATION ON LIABILITY. Except for the liquidated damages set forth herein, neither party shall be liable for any special, incidental, consequential, indirect or exemplary losses or damages pertaining in any way to the provision of services under this Contract. 7.13 FORCE MAJEURE. Neither party shall be responsible for any loss or damage resulting from any delay or failure in performing any provision of this Contract if the delay or failure resulted from: a. Compliance with any law, rule, ruling, order, regulation, requirement or instruction of any government or any department or agency thereof, b. Acts of God, pandemic or epidemic, and c. Third party acts which interfere with Contractor’s ability to perform hereunder. Neither Party will be liable for delays in performing its obligations under this Contract to the extent that the delay is caused by Force Majeure; provided, however, that within thirty (30) business days of the Force Majeure event, the Party whose performance is delayed provides the other Party with written notice explaining the cause and extent thereof, as well as a request for a reasonable time extension equal to the estimated duration of the Force Majeure event. Force Majeure events shall include, but shall not be limited to; fire, riot, strike, lockout, war, civil commotion, accident, breakdown of plant or machinery, flood, labor unrest, acts of God, declared epidemics/pandemics (excluding COVID-19), omissions or acts of public authorities, changes in law, regulations or policies of the Government. Any delay resulting from any of such causes shall extend performance accordingly or excuse performance in whole or in part, as may be necessary. 7.14 COUNTERPARTS. This Contract may be executed in several counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. 7.15 EXECUTION BY EMAIL, DELIVERY OF ORIGINAL SIGNED CONTRACT. This Contract may be executed by signing and emailing scanned signature pages via pdf, in counterpart. Each party to this Contract agrees to deliver two original, inked and signed Contracts within two days of faxing the executed last page hereof. Proposed Augusta, EMS Contract 01708888-1 01704214-1 7.16 NO ESTIMATED BUSINESS VOLUME. Augusta, Georgia makes no representations concerning the number of Emergency and Non-Emergency calls or transports, quantities or length of long distance transfer service, or frequency of special event coverage, which will be associated with this Contract. 7.17 INDEMNIFICATION BY CONTRACTOR. To the extent allowable by law, Contractor hereby agrees to defend, indemnify and hold harmless Augusta, Georgia, its Commissioners, officers, employees, and agents from and against any and all losses (including death), third party claims, damages, liabilities, costs and expenses (including but not limited to all actions, proceedings or investigations in respect thereof and any costs of judgments, settlements, court costs, attorney’s fees or expenses, regardless of the outcome of any such action, proceeding, or investigation), cause by, relating to, based upon or arising out of any act or omission constituting gross negligence or intentional misconduct by Contractor, its directors, officers, employees, subcontractors, successors, assigns or agents. 7.18 NO CONFLICT. Contractor represents and warrants that it presently has no interest, direct or indirect, and covenants and agrees that it will not, during the term of this Contract, acquire any interest, direct or indirect that would conflict in any manner or degree with the performance of its duties and obligations hereunder. Contractor further covenants and agrees for itself, its agents, employees, directors and officers to comply in all material respects with the provisions of the Official Code of Georgia (O.C.G.A. §§45-10-20 et. seq.) and the provisions of the Augusta, Georgia Code of Ethics governing conflicts of interest of persons doing business with Augusta, Georgia as such provisions now exist and may be amended hereafter. 7.19 PROHIBITED INTERESTS. No official, officer or employee of Augusta, Georgia who is authorized in such capacity and on behalf of Augusta, Georgia to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any public safety contract, or any subcontract in connection therewith, shall become directly or indirectly interested personally in this Contract or in any part hereof. 7.20 COMPLIANCE WITH APPLICABLE LAWS. The Contractor’s attention is directed to the fact that all applicable federal, state, and county laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the work shall apply to the Contract throughout, and they will be deemed to be included in the Contract the same as though herein written out in full. The Contractor shall keep itself and its employees fully informed of all laws, ordinances, and regulations in any manner affecting those engaged or employed in the Work or the materials used in the Work or in any way affecting the conduct of the Work and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If Contractor discovers any discrepancy or inconsistency in this Contract in relation to any such law, regulation, ordinance, order, or decree, Contractor shall promptly report the same, in writing, to Augusta. Contractor shall at all times observe and comply with all such laws, ordinances, and regulations, and shall protect and indemnify Augusta and its agents against any all damages and claims arising out of any violation of such law, ordinance, regulation, order, or decree, whether by Contractor or its employees. 7.21 GEORGIA OPEN RECORDS ACT. Contractor acknowledges that certain information provided in this Contract is subject to the Georgia Open Records Act, O.C.G.A. § 50-18-70 et seq provided however Contractor shall not be generally subject to such open records laws by virtue of entering into this Contract and the parties acknowledge that Contractor is a privately owned business. Proposed Augusta, EMS Contract 01708888-1 01704214-1 7.22 JUDICIAL INTERPRETATION. The law of the State of Georgia shall govern the construction of this Contract. Should any provision of this Contract require judicial interpretation, it is agreed that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared same, it being agreed that the agents of all parties have participated in the preparation hereof and all parties have had an adequate opportunity to consult with legal counsel. In interpreting this Contract in its entirety, the printed provisions of this Contract and any additions written or typed hereon shall be given equal weight, and there shall be no inference, by operation of law or otherwise, that any provision of this Contract shall be construed against either party hereto. 7.23 LOCAL SMALL BUSINESS. In accordance with Chapter 10B of the AUGUSTA, GA. CODE, Contractor expressly agrees to collect and maintain all records necessary to for Augusta, Georgia to evaluate the effectiveness of its Local Small Business Opportunity Program and to make such records available to Augusta, Georgia. The requirements of the Local Small Business Opportunity Program can be found at www.augustaga.gov. In accordance with AUGUSTA, GA. CODE § 1-10-129(d)(7), for all contracts where a local small business goal has been established, the contractor is required to provide local small business utilization reports. Contractor shall report to Augusta, Georgia the total dollars paid to each local small business on each contract, and shall provide such payment affidavits, regarding payment to subcontractors as may be requested by Augusta, Georgia. Such documents shall be in the format specified by the Director of minority and small business opportunities and shall be submitted at such times as required by Augusta, Georgia. Failure to provide such reports within the time period specified by Augusta, Georgia shall entitle Augusta, Georgia to exercise any of the remedies set forth, including but not limited to, withholding payment from the contractor and/or collecting liquidated damages. 7.24 MODIFICATION. Contractor 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 and approval by the Augusta, Georgia Commission. Under Georgia law, Contractor is deemed to possess knowledge concerning Augusta, Georgia's ability to assume contractual obligations and the consequences of Contractor'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 Contractor may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Contractor agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if the Contractor provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services, as required by Augusta, Georgia's Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by Contractor. Contractor 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. No change, amendment, or modification of the Contract or any part thereof, is valid unless stipulated in writing and signed by the Contractor, City and approved by the Augusta Commission, unless specifically allowed for by the Contract. [Signature Page Follows] Proposed Augusta, EMS Contract 01708888-1 01704214-1 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed in three counterparts, each to be considered as an original by their authorized representative, this day of , 2022. CONTRACTOR By: VINCE BROGDON Chief Executive Officer Gold Cross EMS, Inc. AUGUSTA, GEORGIA By: Name: Title: ATTEST: By: STEVEN VINCENT Vice President Gold Cross EMS, Inc. ATTEST: By: Name: Title: Proposed Augusta, EMS Contract 01708888-1 01704214-1 EXHIBIT A Proposed Augusta, EMS Contract 01708888-1 01704214-1 EXHIBIT B PATIENT TRANSPORT CHARGES For each call or request in which the Contractor dispatches an Ambulance that results in a Patient transport by the Contractor, the following schedule of charges shall apply: • All patients with TRICARE, MEDICAID, MEDICARE and any other government sponsored health coverage, and those who are self-insured or have no insurance of any type shall be charged at the rate of $1,150 base charge and $16.50 per mile (no change from current MOU). • All patients with have private health, automobile or other private insurance coverages shall be charged market rates set by the fairhealthconsumer.org using Atlanta and Columbus as comparison. The current market rates are $1,750 base charge and $28 per mile. If the insurance denies, patients will be billed at the $1,150 base charge and $16.50 per mile. • Contractor may charge a fee for treatment with no transport in the amount of Two Hundred Dollars ($200.00). The Augusta, Georgia Commission shall set the billing rates for ambulance services, as amended from time to time and conduct an annual review of the billing rates based on market conditions provided that the rates will not decrease below the billing rates set forth above without the approval of both parties herein. Commission Meeting Agenda 10/4/2022 2:00 PM 2022-29-08 Proposed Gold Cross Contract Department:Augusta Commission Department:Augusta Commission Caption:Discuss the proposed Gold Cross Contract. (Requested by Commissioner Ben Hasan) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 10/4/2022 2:00 PM Audit Stormwater Department:Augusta Commission Department:Augusta Commission Caption:Procure firm currently not doing business with Augusta to perform complete in-depth audit of all financial aspects of Augusta's Storm Water Program; monies collected, salaries, monies paid out and to whom and projects completed and ongoing with cost. (Requested by Commissioner John Clarke) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Page 1 of 5 Augusta – Richmond County Commission Budget Workshop Wednesday, August 3, 2022 Augusta Museum of History Time: 8:30 am – 3:30 pm WORKSHOP SUMMARY Participants Elected Officials: Mayor Hardie Davis, Mayor Pro Tem Bobby Williams Commissioners; Jordan Johnson, Dennis Williams, Catherine McKnight, Ben Hasan, Brandon Garrett, and Francine Scott City Staff: Fire Chief Burden, Directors: Allen, Byne, Delaney, Dottery, Dunlap, Hill, Joseph, Lampkin, Malik, McDowell, Rookard, Sams, Welcher, Williams. Interim Administrator: Takiyah Douse; Deputy Administrators: Tanikia Jackson and Charles Jackson; other staff: Danielle Harris and Wanda Gothie GMA Staff: Pam Helton and Sherri Bailey Welcome, Introductions, Expectations Takiyah Douse, Interim City Administrator, welcomed everyone and discussed the reasons for the Budget Workshop. Ms. Douse reviewed the 2022 budget priorities set by the Mayor and Commission at the 2021 Budget Workshop. Ms. Douse noted which priorities had been achieved, still in progress, and those that have not been started or are no longer viable. After Ms. Douse finished, she introduced Dr. Simon Medcalfe of Augusta University to provide an Economic Update focusing on Augusta-Richmond County. Next, GMA staff member Pam Helton was introduced and reviewed the workshop agenda and expectations. The presentation for the workshop is attached as Exhibit A. As a part of the workshop kickoff, Mrs. Helton did an exercise with a picture asking which colors in the picture the participants saw. Some saw one color while others saw a different color. Mrs. Helton explained that if you saw one color you were thinking with the left side of your brain verses those that saw the other color were thinking with the right side of their brain. She went on to explain that both answers were correct, even if they were different. This activity was to get the participants thinking about how different point of views should be considered when making decisions. Review of Historical Data (Revenues, Expenses, and Fund Balance) Mrs. Helton introduced GMA staff member, Sherri Bailey to provide the review of historical financial data for Augusta-Richmond County. Mrs. Bailey explained that to know where Augusta-Richmond County is going, they must first understand where they have been. As part of the presentation, Mrs. Bailey did a 10-year historical review of Augusta-Richmond County’s revenue and expenditures for the governmental funds from 2011 through 2021. Mrs. Bailey proceeded with an in-depth look of the city’s fund balance over the same 10-year period and trends were noted. The historical review was finished with a 5-year look to see current trends in revenues and expenses. For the detailed data and graphs, see Exhibit A. Page 2 of 5 Revenue and Expense Projections Next, Mrs. Bailey shared the revenue and expense projections for 2022 through 2026 based on the 10- year historical averages. Mrs. Bailey reviewed in detail the taxes anticipated over the next 5-years since taxes are the major revenue sources for Augusta-Richmond County. Expenses were listed out by governmental division. Based on historical data for the city, Mrs. Bailey presented a snapshot of projected revenues in comparison to projected expenses. It was noted that if the trend continues, revenues will surpass expenses over the next 5 years. Given the current economic state of recession and increased market prices, Mrs. Bailey presented a 5- year projection based on the current inflation rate and predicted inflation rates for the next two years in the state of Georgia. Source of information was obtained from www.tradingeconomics.com and the National Bank of Georgia. Mrs. Bailey then presented the expenses by division over the next 3-years based on anticipated inflation rates. Given this data, Augusta-Richmond County could see an increase of approximately $4.5 million in expenses in governmental funds over the 3-year period. To close out this portion of the workshop, Mrs. Bailey showed that in comparison to their historical data trends and the current inflation rates, there could be a difference of $14 million over a 3-year period. The trend still shows revenues exceeding expenses, but at a lower rate. 2022 Budget Update Director of Finance, Donna Williams, presented a June 30, 2022, budget review to the Mayor and Commission on current budget projections. GMA does not have a copy of this presentation; therefore, it is not included in this summary report. Pre-Face to Setting Commission Priorities Following lunch, Mrs. Bailey provided an overview of items the Mayor and Commission should consider when setting their 2023 priorities, including: • Goal Oriented • Obtainable • Measurable • Specific • Align with Mission & Vision of all Stakeholders • Will of Majority (Consensus) Mrs. Bailey reviewed the results of a recent survey on the community’s feedback on their top priorities Augusta-Richmond County should be focusing on in the preparation of the 2023 budget. The top three priorities included: • Public Safety • Infrastructure • Quality of Life Mrs. Bailey then turned it over to Mrs. Helton to talk about the city’s current Comprehensive Plan. It was discussed that many priorities established in the Comprehensive Plan have been achieved, while others are still in-progress. It was suggested that the Mayor and Commission consider their Comprehensive Plan as they build their 2023 budget priorities. Page 3 of 5 Review of Budget Per Capita Mrs. Bailey showed the Mayor and Commission their 2021 per capita categories in the general fund and special revenue funds in comparison to the 2022 per capita categories. It was noted where some areas had increased while others had decreased and how this is a good snapshot of the city’s priorities based on their budget for these areas. For example, per capita, they spend the most on public safety, which is the top priority of the community. Comparison to Similar Size Consolidated Governments Mrs. Helton reviewed the research that GMA staff had conducted on how Augusta-Richmond County compares to other consolidated governments of comparative size. It was noted that Columbus was the closest in comparison, while others in the report included Macon-Bibb County, Athens-Clarke County, Savannah, and Lafayette, LA. Review of Budget Execution Plans & Capital Needs Mrs. Helton did a review of the budget execution plans that the departments had created in 2021 for 2022. Prior to the Budget Workshop, Mrs. Helton and Mrs. Bailey met with the department heads individually and as part of this process, each department provided a status update on the budget execution plans. In addition, GMA also inquired about capital needs of the departments. It was noted that all departments were doing a phenomenal job in working through their budget execution plans for the year. Department heads had expressed to GMA staff that they found this tool very helpful and plan to continue using for 2023. GMA staff encouraged each department to begin creating a 5-year Capital Improvement Plan (CIP), if they have not already as this will be a useful tool for creating their budget requests. As part of these meetings, GMA asked each department head what they need to (1) provide services in the most efficient way and (2) any issues they are having. Mrs. Helton reviewed with the Mayor and Commission the feedback that was received which included the following: • Unable to fill positions • Pay increases need to reflect market salaries • Unable to fill vehicle orders due to back orders • Increase in fuel prices • Inflationary pricing and supply shortages Next, Mrs. Helton offered some recommendations on ways the Mayor and Commission could help improve the city’s financial condition and solve budgeting needs. See Exhibit A for recommendation. Setting 2023 Commission Priorities Prior to working with Commission on setting their priorities, GMA staff did a group exercise with them. In this exercise Commissioners were paired into 3-groups. The department heads were then put into equal size groups. Each group of department heads took turns going to each Commissioner group to discuss the priorities of the Commissioners for the 2023 budget, as well as a time for open dialogue on departmental needs for providing services and completing projects. Each group was given approximately 25 minutes. Once all groups had met, each Commissioner was asked to report out to the group on what they heard and what priorities they have for the 2023 budget. Page 4 of 5 GMA staff used a flip chart to record their responses with notes. GMA Staff then went over each priority listed to gain a consensus from the majority that this was indeed a priority for the coming 2023 budget cycle. The priorities were categorized into the 6 main strategic priority categories established by the Commission in 2022 which are: Infrastructure, Quality of Life, Public Safety, Governance-Finance, Economic Development, and External Relationships. Each priority established by the Commission for 2023 is grouped within the 2022 Main Categories. Mrs. Bailey and Ms. Douse went over each of these priorities with the Mayor and Commission to make sure everyone had a full understanding of what each priority meant in terms of needs, funding, and recommendations. Following the discussion, the 2023 priorities were confirmed. Infrastructure Quality of Life Public Safety 311 Service: To improve its efficiency and utilize this service to its fullest potential, training is needed (internal & external) along with a marketing and community outreach plan. Blight: Fund programs that address blighted areas. Research what it would take to clear backlog of properties and declare priority areas Fire Department: Need for replacement of vehicles of which $14 million is unfunded. Also review staffing levels needed for regular maintenance of the fleet Hyde Park: Completion of this park through additional funding ($4-$5 million needed) a.k.a. Wilkinson Gardens Drainage Project. Homelessness & Poverty: Hire a coordinator to address the issues of homelessness and poverty in Augusta-Richmond County Transportation Department: Funding needed for 4 additional buses and expand the bus routes Parks & Recreation: Set realistic expectations by reviewing services the department is currently responsible for providing. Possibly restructure departments to ensure quality services are provided to the community and services are not being duplicated by other departments. Investigate segregating duties and contracting out grounds maintenance services such as care of the cemeteries Page 5 of 5 Governance-Finance Economic Development External Relationships Resources: Meeting the expectations of the department directors and giving them the resources, they need to provide city services Grant Writer/Administrator: Staffing of a grant administrator will enhance funding opportunities of projects. Central Savannah Region Area (CSRA) Veterans Cemetery: Partner with organizations to create a Veterans Cemetery in the CSRA Salary Study: Contract for services to do a complete city employee salary study, including job descriptions and salary range (pay class) for each position to help with staff retention and recruitment Youth Programs: Increase programs available in CSRA through additional funding and partnering with other youth organizations Legislative Highlights & Updates Next, Ms. Douse introduced Marcie Rubensohn with Holland & Knight to present the Legislative Highlights & Updates. GMA does not have a copy of this presentation; therefore, it is not part of the summary report. Closing In closing, the Augusta-Richmond County Commission and department officials were very engaged and provided extensive dialogue, which resulted in productive and needed discussions. Through this process the Commission reviewed the historical financial data, discussed how it relates to their current financial needs and planning for the future. The Commission had open discussions with the department heads which resulted in understanding their needs and priorities for their departments which was then used to guide the Commission in their creation of their 2023 budget priorities. This is the second year that Augusta-Richmond County has engaged GMA to help the Commission and departments plan for the coming budget cycle. This process has shown to be very beneficial for the city and gives a clear direction for the elected officials and city staff. GMA looks forward to continuing this journey with Augusta- Richmond County. Commission Meeting Agenda 10/4/2022 2:00 PM FY2023 Budget Retreat Summary Report Department:Office of the Administrator Department:Office of the Administrator Caption:Motion to accept the FY2023 Budget Retreat Summary Report and affirm Quality of Life, Infrastructure, Public Safety, Governance/Finance, Economic Development, and External Relationships as the FY2023 Commission budget priorities. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: COMMUNITY REVITALIZATION PLAN : AUGUSTA A Revitalization Plan for the Deans Bridge Road, Glenn Hills Drive, and I-520 area in Augusta, GA 2 REVITALIZATION PLAN AUGUSTA, GA this page is left intentionally blank FALL 2022 AUGUSTA HOUSING AUTHORITY 3 Deans Bridge Road Revitalization Plan Community Participants: Mayor, Dr. Hardie Davis, Jr. City Commissioner Francine Scott City Commissioner Bobby Williams City of Augusta, Planning and Development City of Augusta, Transit Augusta Housing Authority Area residents Augusta Economic Development Authority Augusta Technical College Miller-Motte College 4 REVITALIZATION PLAN AUGUSTA, GA this page is left intentionally blank FALL 2022 AUGUSTA HOUSING AUTHORITY 5 TABLE OF CONTENTS EXISTING CONDITIONS PAGE 7 COMMUNITY INPUT PAGE 22 RECOMMENDATIONS PAGE 26 IMPLEMENTATION PAGE 34 APPENDIX 6 REVITALIZATION PLAN AUGUSTA, GA STUDY AREA BOUNDARIES The Deans Bridge Road Revitalization Plan Area is an area of South Augusta bound by Deans Bridge Road to the south, I-520 to the east, and Old McDuffie Road to the north. The area includes a parcel owned by the Augusta Housing Authority and this plan serves as a vital resource for establishing a quality community framework plan that supports the future redevelopment of the area, including the site of the Augusta Housing Authority. The Plan Area is defined by undeveloped land, low- density retail and commercial uses, and the location of public elementary, middle, and high school campuses. The Plan Area is in close proximity to major Augusta-area employment and employment training centers including the Medical District, Downtown Augusta, Augusta Technical College, and Fort Gordon. The Plan Area is further aided by the presence of an Augusta Transit bus line that provides a direct connection between Deans Bridge Road and the broader Augusta community. EXISTING CONDITIONS I-520 DEANS BRIDGE RD FALL 2022 AUGUSTA HOUSING AUTHORITY 7 AUGUSTA COMPREHENSIVE PLAN: CURRENT LAND USE The Current Land Use map from the Augusta Comprehensive Plan designates the Plan Area as a variety of Land Use classifications. The majority of the area is designated as Public Institutional reflecting the significant presence of public schools. The area along major corridors is designated as Commercial, reflecting the existing commercial nature of these thoroughfares. The area to the east of the Plan Area is designated as Residential - Low Density, reflecting the stabilized single-family neighborhoods that border the eastern edge of the Plan Area. PLAN AREA EXISTING CONDITIONS 8 REVITALIZATION PLAN AUGUSTA, GA AUGUSTA COMPREHENSIVE PLAN: LAND USE POLICIES The Augusta Comprehensive Plan contains Land Use Policies that establish principles to guide the future development of areas of Augusta. The following Augusta Land Use policies are those that are applicable to the Deans Bridge Road Revitalization Plan Area. Guiding Policy: Encourage infill development This policy complements the policy to redevelop certain neighborhoods and commercial areas. It is designed to promote a more compact urban form and discourage the sprawl pattern of development. The policy encourages development in areas where adequate infrastructure (roads, utilities) and public facilities and services (fire and police protection, parks) already exist. This policy will likely result in higher density development on some infill sites. Overlay zoning and design guidelines are two of the tools most often used to assure that infill development is compatible with existing residential and commercial development. The following policies will be applied as necessary to protect established neighborhoods adjacent to infill sites: • Multiple family and high-density, single-family residential development (six units or more per acre) should be permitted only in commercial areas and transitional commercial/residential areas. Spot zoning for such uses should not be permitted. • Planned medium density single-family residential development (four to six units per acre), should be integrated into existing residential areas but consideration should be given as to the impact on traffic, schools, and recreation facilities. The subdivision of lots to create density greater than the surrounding areas should not be permitted. Guiding Policy: Encourage mixed-use development Mixed-use development allows housing, some retail uses, and professional offices to locate on the same lot or in close proximity to one another. While contrary to the separation of land uses mandated by most local zoning ordinances, mixed-use development can be an effective tool to counteract the effects of sprawl. Depending on the location and scale, mixed-use development can be less costly than conventional development and can be employed in both urban and suburban settings. Mixed-use development is practiced on a limited scale in Augusta. The zoning ordinance permits residential development in commercial zones. Some property owners have used this provision to establish apartments and condominiums on the upper stories of commercial buildings in downtown Augusta. EXISTING CONDITIONS FALL 2022 AUGUSTA HOUSING AUTHORITY 9 AUGUSTA COMPREHENSIVE PLAN: BIKE-PED PLANS Depending on the location, mixed-use development, including housing, may be appropriate in an urban or suburban location designated for professional or commercial development. Once an appropriate location is identified, another option is to establish an overlay zone, including design guidelines, applicable to the mixed-use development. Guiding Policy: encourage commercial development on principal arterial highways where commercial and / or industrial development is already established This policy reflects a goal to limit most commercial development to major roadways. The fact is that principal arterial roads are the most appropriate locations for commercial development because they are designed to handle the vehicle traffic generated by such uses, thereby keeping such traffic out of residential areas. Commercial zoning on the principal arterial roads should be limited to a maximum depth of 400 feet, measured from the right-of-way line, except at major intersections or at malls and regional shopping centers. For purposes of this policy, the applicable roads include those identified as ―Urban Principal Arterial― on the most up-to-date version of the Highway Functional Classification Map for Richmond County, Georgia prepared by the Georgia Department of Transportation in accordance with Federal Highway Administration guidelines. It is important to minimize the impact of new commercial uses on adjoining residential areas. Some of the common measures used to screen or buffer new commercial uses from adjoining residential uses include retaining natural vegetative buffers that are already in place, planting trees and other natural vegetation in accordance with the requirements of the city’s tree ordinance, and erecting fences or walls. A combination of these measures may be necessary in some instances. Guiding Policy: Discourage commercial and professional office development on minor arterials and collector roads where such development has not been established, except at major intersections This policy is designed to limit commercial and professional office development on arterial roads and collector roads in order to protect established residential areas. The policy is also applicable in undeveloped areas where it is desirable to limit such development to major intersections in order to protect open space, agricultural land, and future residential areas. EXISTING CONDITIONSEXISTING CONDITIONS 10 REVITALIZATION PLAN AUGUSTA, GA AUGUSTA COMPREHENSIVE PLAN: LAND USE POLICIES In areas where there is a precedent for commercial and professional office development, commercial and professional zoning should be limited to a radius of approximately 500 feet from the center of intersections, and to a strip not more than 300 feet deep, if appropriate. For purposes of this policy, the applicable roads include those identified as Urban Minor Arterial and Urban Collector on the most up-to-date version of the Highway Functional Classification Map for Richmond County, Georgia prepared by the Georgia Department of Transportation in accordance with Federal Highway Administration guidelines. There will be instances in which an existing residential structure is proposed for adaptive reuse as a professional office or neighborhood business. This will most often happen in older neighborhoods and at intersections that are transitioning from residential to non- residential use. Where such property is located within the 500-foot radius of such intersections, the rezoning may be appropriate under the following conditions: • The zoning or development is restricted to the subject parcel, • The existing residential structure can be adaptively reused without drastically changing the exterior appearance, • Required off-street vehicle parking and loading areas are located in a side or rear yard, and Required parking is screened from adjoining residential uses. Guiding Policy: Encourage Quality Growth as a Development Option Quality growth, or the application of some quality growth features, is a development option that would be suitable for vacant sites in rapidly growing parts of the city, or on infill or redevelopment sites. According to the Georgia Department of Community Affairs, some of the key features of communities or developments embracing quality growth are the following: • The community is relatively compact, with densities matching those of older neighborhoods. The typical residential lot in Georgia is 1⁄4 acre in size. • An attractive town center that serves adjoining neighborhoods. The town center is pedestrian- friendly, has residences over shops and places where people can gather to talk, recreate or hold special events. • Houses are located near the street and many have large front porches. Garages are located to the rear and accessed by alleys. • Garage apartments or accessory living units are encouraged as a means of providing affordable housing. EXISTING CONDITIONS FALL 2022 AUGUSTA HOUSING AUTHORITY 11 AUGUSTA COMPREHENSIVE PLAN: COMMUNITY GOALS The Augusta Comprehensive Plan contains further stated Community Goals that are pertinent to understanding the future of the Deans Bridge Road Revitalization Plan Area. The Comprehensive Plan Community Goals are as follows: • Promote commercial nodes where amenities are lacking; • Encourage a balanced mix of local businesses along commercial corridors/nodes; • Initiate land use policies to encourage Smart Growth principles; • Encourage higher density, mixed-use developments along vacant commercial corridors/nodes in/ and around South Augusta neighborhoods; • Encourage better land use practices for brown field/vacant land redevelopment; • Initiate development policies that promote a variety of transportation options; • Encourage a county-wide network of alternative transportation strategies; implement complete streets; • Better integrate future development with existing and proposed parks and trail system; and • Refocus efforts on overall maintenance and upkeep of public right-of-ways and spaces. • New subdivisions match the mix of housing types and styles of older neighborhoods. Sidewalks and bike trails are provided to encourage more walking and biking. • Schools and playgrounds are located within neighborhoods to encourage more walking to school and make recreation facilities easily accessible. • Street trees are planted to enhance community appearance and provide shade for pedestrians and bicyclists. • Environmentally-sensitive areas are reserved as conservation areas or for passive recreation. • Higher intensity uses (e.g. retail, office, apartments) are concentrated along major roadways, making it feasible to provide limited public transit on these roads. • Commercial structures (e.g. retail, service, warehouse, office) are located near the street, with parking to the side or rear. • Older strip centers are fixed up to match the traditional neighborhood pattern, with sidewalks being added, street trees planted, excessive signage removed and newer buildings constructed near the street. • New industry or other major employers are located where they are accessible by transit, walking or bicycle. EXISTING CONDITIONSEXISTING CONDITIONS 12 REVITALIZATION PLAN AUGUSTA, GA AUGUSTA COMPREHENSIVE PLAN: STIMULUS NODES The Augusta Comprehensive Plan has established a forward-looking vision for the preferred location for the creation of new economic Stimulus Nodes. Stimulus Nodes are areas where increased investment in residential and mixed use development is most desirable. A new Stimulus Node is planned for the location of this Deans Bridge Road Revitalization Plan Area. PLAN AREA EXISTING CONDITIONS FALL 2022 AUGUSTA HOUSING AUTHORITY 13 AUGUSTA COMPREHENSIVE PLAN: BIKE-PED PLANS The Augusta Comprehensive Plan contains a Proposed Trails and Bike Lane Network Map, delineating proposed future investments into bike and pedestrian transportation infrastructure. This Bike-Ped plan contains plans for a proposed pedestrian trail on the western edge of the Deans Bridge Road Revitalization Plan Area. This proposed trail is also connected to the existing Augusta Transit bus line that runs through the area along Deans Bridge Road. PLAN AREA EXISTING CONDITIONSEXISTING CONDITIONS 14 REVITALIZATION PLAN AUGUSTA, GA EDUCATIONAL RESOURCES The Deans Bridge Road Revitalization Plan Area is characterized by a large presence of educational opportunities. The local public school system is represented by the presence of Glenn Hills Elementary School, Glenn Hills Middle School, and Glenn Hills High School. In addition to these public school resources within the Plan Area, the Augusta Technical College and Miller-Motte College are adult education resources located a short distance (1 mile) from the Plan Area and provide viable continuing education opportunities to the Plan Area. MIDDLE SCHOOL HIGH SCHOOL ELEMENTARY SCHOOL TECHNICAL COLLEGE MILLER-MOTTE COLLEGE EXISTING CONDITIONS FALL 2022 AUGUSTA HOUSING AUTHORITY 15 TRANSPORTATION RESOURCES The City of Augusta offers modern bus transit service throughout the city - providing reliable public transportation service that connects population centers, employment centers, goods and services, and educational and civic resources to each other. Bus Route #8 runs along Deans Bridge Road and connects directly within the Plan Area and to area resources like the August Technical College and Glen Hills Elementary School and Glenn Hills High School. Route #8 terminates to the east at the Gordon Highway Transfer Point, connecting here to Bus Routes #4, #6, and #9, allowing for greater access to Augusta’s employment, retail and civic centers. PLAN AREA EXISTING CONDITIONSEXISTING CONDITIONS 16 REVITALIZATION PLAN AUGUSTA, GA EMPLOYMENT RESOURCES The Deans Bridge Road Plan Area is conveniently proximate to multiple of Augusta’s major employment centers. The below summary provides a snapshot of the distance of Augusta’s major employment nodes, their distance from the Deans Bridge Road Revitalization Plan Area, and notes if the employment node is accessible by the public bus system directly from the Deans Bridge Road Revitalization Plan Area. LOCATION DISTANCE ACCESSIBLE BY BUS FROM THE PLAN AREA • Augusta Mall 2.7 miles Yes • Fort Gordon 2.8 miles Yes • I-20 Retail Cluster 4.4 miles Yes • Augusta University 4.5 miles Yes • Medical District 5.6 miles Yes • Augusta National 5.7 miles Yes • Downtown Augusta 6.7 miles Yes PLAN AREA DOWNTOWNMEDICAL DISTRICT FORT GORDON I-20 RETAIL CLUSTER AUGUSTA MALL AUGUSTA NATIONAL AUGUSTA UNIVERSITY EXISTING CONDITIONS FALL 2022 AUGUSTA HOUSING AUTHORITY 17 RECREATION RESOURCES The Plan Area is proximate to several public park and recreation opportunities, as noted on the below map. Of these park and recreation opportunities, only the Henry Brigham Park is accessible by bus access and none of the area parks and recreation facilities are located within a comfortable walking distance to the Plan Area. There are recreational facilities located at the Elementary, Middle, and High Schools located within the Plan Area although the broader community use of these facilities is limited due to their exclusive use by the respective schools. As the area grows there will be a greater need for walkable access to parks and recreation facilities for community residents. PLAN AREA HENRY BRIGHAM PARK MEADOWBROOK PARK LOMBARD MILL POND TRAIL MCDUFFIE WOODS COMMUNITY CENTER EXISTING CONDITIONSEXISTING CONDITIONS 18 REVITALIZATION PLAN AUGUSTA, GA AREA DEMOGRAPHICS The Deans Bride Road Revitalization Plan Area demographics are provided on the following pages. The Plan Area population growth is stable - with no discernible population increase or decrease. Age distribution is evenly spread amongst ages 3 to 73. Approximately 1/3 of the area population has a high school or high school equivalent education level, and approximately 1/2 of the area population has collegiate education experience. Plan Area income levels are widely spread over a diverse range of low, medium, and high income with a median income of $37,314. 6,516 Population -0.0% Annual Growth Rate (2021-2026) 2,728 Employed Residents 35.2 Median Age Population by Generation 1,6008000 Silent / Greatest Gen (74+) Baby Boomer (Ages 55 - 73) Gen X (Ages 39 - 54) Millennial (Ages 21 - 38) Gen Z (Ages 3 - 20) Gen Alpha (Ages <3) 6% 20% 17% 23% 27% 7% $37,314 Household Income (Median) HOUSEHOLDS BY INCOME 4003002001000 Over $200K $100K to $150K $50K to $75K $25K to $35K Under $15K $84,211 Home Value (Median) Housing: Year Built 40 30 20 10 0 2014/Later1990-19991960-19691939 or Earlier 52% White Collar 32% Blue Collar 16% Services 9.0% Unemployment Rate 34.4 Diversity Index American Indian/Alaskan Native Asian Black or African-American Hispanic/Latino Pacific Islander White Other Race Two or More Races Family Foundations Dominant TapestrySegment 81%19% 0% 0% 0% 0% 0% 0% 0%0%0% 0%0% 0% Others 0% Grad/Professional Degree Bachelor's Degree Associate's Degree Some College/No Degree High School Diploma GED Equivalent 9-12th / No Diploma < 9th Grade 5% 6% 7% 28% 31% 5% 15% 3% INCOME POPULATION1 Mile Centro Cristiano Oasis De Bendicion - 3265 Deans Bridge Rd, Augusta AGE DIVERSITY EMPLOYMENT EDUCATION HOUSING LIFESTYLES MORE INFO DEMOGRAPHICS Past 10 Years (Click for detail) Want access to thousands of datasets about future trends, psychographics, consumer behavior, business, and analytics? Contact Datastory via info@datastoryconsulting.comor 443.266.6216 v1.0 35.2 4,730 EXISTING CONDITIONS FALL 2022 AUGUSTA HOUSING AUTHORITY 19 AREA DEMOGRAPHICS The housing inventory within the Deans Bride Road Revitalization Plan Area is predominately older. The majority of homes within the area were built in the 1970s, with little to no new housing being built from 2010 to today. The majority of Plan Area residents (52%) are employed in white collar jobs while another 32% of residents are employed in blue collar jobs. The vast majority of the Plan Area population is Black or African-American and are identified overwhelmingly by the Lifestyle segment of “Rustic Outpost”, which broadly contains the following characteristics: • Country life with older families in older homes • Own affordable, older single-family or mobile homes; vehicle ownership is a must • Residents live within their means, shop at discount stores, and maintain their own vehicles (purchased used) and homes • Outdoor enthusiasts, who grow their own vegetables, love their pets, and enjoy hunting and fishing • Pay bills in person; use the yellow pages; read newspapers, magazines, and mail-order books 6,516 Population -0.0% Annual Growth Rate(2021-2026) 2,728 Employed Residents 35.2 Median Age Population by Generation 1,6008000 Silent / Greatest Gen (74+) Baby Boomer (Ages 55 - 73) Gen X (Ages 39 - 54) Millennial (Ages 21 - 38) Gen Z (Ages 3 - 20) Gen Alpha (Ages <3) 6% 20% 17% 23% 27% 7% $37,314 Household Income(Median) HOUSEHOLDS BY INCOME 4003002001000 Over $200K $100K to $150K $50K to $75K $25K to $35K Under $15K $84,211 Home Value (Median) Housing: Year Built 40 30 20 10 0 2014/Later1990-19991960-19691939 or Earlier 52% White Collar 32% Blue Collar 16% Services 9.0% Unemployment Rate 34.4 Diversity Index American Indian/Alaskan Native Asian Black or African-American Hispanic/Latino Pacific Islander White Other Race Two or More Races Family Foundations Dominant Tapestry Segment 81% 19% 0% 0% 0% 0% 0%0% 0%0% 0% 0% 0% 0% Others 0% Grad/Professional Degree Bachelor's Degree Associate's Degree Some College/No Degree High School Diploma GED Equivalent 9-12th / No Diploma < 9th Grade 5% 6% 7% 28% 31% 5% 15% 3% INCOME POPULATION1 Mile Centro Cristiano Oasis De Bendicion - 3265 Deans Bridge Rd, Augusta AGE DIVERSITY EMPLOYMENT EDUCATION HOUSING LIFESTYLES MORE INFO DEMOGRAPHICS Past 10 Years (Click for detail) Want access to thousands of datasets about future trends, psychographics, consumer behavior, business, and analytics? Contact Datastory via info@datastoryconsulting.comor 443.266.6216 v1.0 35.2 4,730 EXISTING CONDITIONSEXISTING CONDITIONS 20 REVITALIZATION PLAN AUGUSTA, GA AREA DEMOGRAPHICS Demographic and Income Profile Centro Cristiano Oasis De Bendicion - 3265 Deans Bridge Rd, Augusta Generated by MapDash Buffer Radius: 1 Mile Latitude: 33.4205 Longitude: -82.0705 Summary Census 2010 Census 2020 2022 2027 Population 6,736 6,716 6,617 6,519 Households 2,323 2,365 2,366 2,359 Families 1,780 -1,768 1,757 Average Household Size 2.87 2.80 2.76 2.72 Owner Occupied Housing Units 1,499 -1,301 1,312 Renter Occupied Housing Units 824 -1,065 1,047 Median Age 32.9 -35.4 36.7 Trends: 2022-2027 Annual Rate Area State National Population -0.30%0.51%0.25% Households -0.06%0.56%0.31% Families -0.12%0.51%0.28% Owner HHs 0.17%0.77%0.53% Median Household Income 4.98%3.59%3.12% 2022 2027 Households by Income Number Percent Number Percent <$15,000 288 12.2%242 10.3% $15,000 - $24,999 270 11.4%211 8.9% $25,000 - $34,999 421 17.8%253 10.7% $35,000 - $49,999 373 15.8%319 13.5% $50,000 - $74,999 530 22.4%701 29.7% $75,000 - $99,999 210 8.9%274 11.6% $100,000 - $149,999 153 6.5%177 7.5% $150,000 - $199,999 77 3.3%122 5.2% $200,000+43 1.8%60 2.5% Median Household Income $41,930 $53,462 Average Household Income $59,092 $72,355 Per Capita Income $20,750 $25,708 Census 2010 2022 2027 Population by Age Number Percent Number Percent Number Percent 0 - 4 533 7.9%476 7.2%461 7.1% 5 - 9 608 9.0%500 7.6%481 7.4% 10 - 14 579 8.6%508 7.7%503 7.7% 15 - 19 564 8.4%515 7.8%463 7.1% 20 - 24 434 6.4%420 6.3%421 6.5% 25 - 34 822 12.2%855 12.9%788 12.1% 35 - 44 748 11.1%783 11.8%807 12.4% 45 - 54 894 13.3%670 10.1%705 10.8% 55 - 64 778 11.5%744 11.2%645 9.9% 65 - 74 467 6.9%677 10.2%701 10.8% 75 - 84 250 3.7%355 5.4%411 6.3% 85+59 0.9%115 1.7%132 2.0% Census 2010 Census 2020 2022 2027 Race and Ethnicity Number Percent Number Percent Number Percent Number Percent White Alone 880 13.1%731 10.9%712 10.8%671 10.3% Black Alone 5,493 81.5% 5,371 80.0% 5,289 79.9% 5,201 79.8% American Indian Alone 14 0.2%18 0.3%18 0.3%18 0.3% Asian Alone 71 1.1%72 1.1%70 1.1%70 1.1% Pacific Islander Alone 2 0.0%3 0.0%3 0.0%3 0.0% Some Other Race Alone 85 1.3%189 2.8%193 2.9%205 3.1% Two or More Races 191 2.8%332 4.9%333 5.0%352 5.4% Hispanic Origin (Any Race)240 3.6%386 5.7%388 5.9%392 6.0% Data Note: Income is expressed in current dollars. Source: Esri forecasts for 2022 and 2027. U.S. Census Bureau 2010 decennial Census data converted by Esri into 2020 geography. August 17, 2022 ©2022 Esri Page 1 of 2 Demographic projections for the Deans Bridge Road Revitalization Study Area call for gradual population decline. This is likely due to the lack of new housing inventory within the area. Income projections for the Plan Area are for slight increases and growth with a decline in the number of persons with lower incomes. EXISTING CONDITIONS FALL 2022 AUGUSTA HOUSING AUTHORITY 21 AREA DEMOGRAPHICS Demographic projections for the Plan Area indicate a relative stability and retention of the current age distribution within the Plan Area, with a slight increase projected in the future for elderly residents. Plan Area race and ethnicity projections show a stabilization and continuation of the current race and ethnic makeup for the area into the future. Demographic and Income ProfileCentro Cristiano Oasis De Bendicion - 3265 Deans Bridge Rd, Augusta Generated by MapDashBuffer Radius: 1 Mile Latitude: 33.4205Longitude: -82.0705SummaryCensus 2010 Census 2020 2022 2027Population6,736 6,716 6,617 6,519Households2,323 2,365 2,366 2,359Families1,780 -1,768 1,757 Average Household Size 2.87 2.80 2.76 2.72 Owner Occupied Housing Units 1,499 -1,301 1,312 Renter Occupied Housing Units 824 -1,065 1,047 Median Age 32.9 -35.4 36.7 Trends: 2022-2027 Annual Rate Area State National Population -0.30%0.51%0.25% Households -0.06%0.56%0.31% Families -0.12%0.51%0.28% Owner HHs 0.17%0.77%0.53% Median Household Income 4.98%3.59%3.12% 2022 2027 Households by Income Number Percent Number Percent <$15,000 288 12.2%242 10.3% $15,000 - $24,999 270 11.4%211 8.9% $25,000 - $34,999 421 17.8%253 10.7% $35,000 - $49,999 373 15.8%319 13.5% $50,000 - $74,999 530 22.4%701 29.7% $75,000 - $99,999 210 8.9%274 11.6% $100,000 - $149,999 153 6.5%177 7.5% $150,000 - $199,999 77 3.3%122 5.2% $200,000+43 1.8%60 2.5% Median Household Income $41,930 $53,462 Average Household Income $59,092 $72,355 Per Capita Income $20,750 $25,708 Census 2010 2022 2027 Population by Age Number Percent Number Percent Number Percent 0 - 4 533 7.9%476 7.2%461 7.1% 5 - 9 608 9.0%500 7.6%481 7.4% 10 - 14 579 8.6%508 7.7%503 7.7% 15 - 19 564 8.4%515 7.8%463 7.1% 20 - 24 434 6.4%420 6.3%421 6.5% 25 - 34 822 12.2%855 12.9%788 12.1% 35 - 44 748 11.1%783 11.8%807 12.4% 45 - 54 894 13.3%670 10.1%705 10.8% 55 - 64 778 11.5%744 11.2%645 9.9% 65 - 74 467 6.9%677 10.2%701 10.8% 75 - 84 250 3.7%355 5.4%411 6.3% 85+59 0.9%115 1.7%132 2.0% Census 2010 Census 2020 2022 2027 Race and Ethnicity Number Percent Number Percent Number Percent Number Percent White Alone 880 13.1%731 10.9%712 10.8%671 10.3% Black Alone 5,493 81.5%5,371 80.0%5,289 79.9%5,201 79.8% American Indian Alone 14 0.2%18 0.3%18 0.3%18 0.3% Asian Alone 71 1.1%72 1.1%70 1.1%70 1.1% Pacific Islander Alone 2 0.0%3 0.0%3 0.0%3 0.0% Some Other Race Alone 85 1.3%189 2.8%193 2.9%205 3.1% Two or More Races 191 2.8%332 4.9%333 5.0%352 5.4% Hispanic Origin (Any Race)240 3.6%386 5.7%388 5.9%392 6.0% Data Note: Income is expressed in current dollars. Source: Esri forecasts for 2022 and 2027. U.S. Census Bureau 2010 decennial Census data converted by Esri into 2020 geography. August 17, 2022 ©2022 Esri Page 1 of 2 EXISTING CONDITIONSEXISTING CONDITIONSEXISTING CONDITIONS 22 REVITALIZATION PLAN AUGUSTA, GA AUGUST 25 COMMUNITY STAKEHOLDERS MEETING AUGUST 25 COMMUNITY STAKEHOLDERS MEETING Several public meetings were conducted to engage the broader community in the development of the Deans Bridge Road Revitalization Plan. A meeting was held on August 25, 2022 with representatives of the following organizations: • Augusta Housing Authority, • City of Augusta • City Commissioner Francine Scott • Augusta Technical College • Miller-Motte College • Augusta Economic Development Authority The following input was garnered from this meeting with community stakeholders. QUESTION #1. NEW HOUSING IN THE DEANS BRIDGE ROAD REVITALIZATION AREA SHOULD... August 25, 2022 Meeting Sign-In Sheet • Be affordable for people in the community • Integrate new opportunities for early childhood development • Be an opportunity to attract investment to an area that deserves it • Be oriented to transit • Be a part of larger economic development investment in the area • Be of the same high quality as recent developments like Walton Green • Find ways to coordinate with local technical colleges COMMUNITY INPUT FALL 2022 AUGUSTA HOUSING AUTHORITY 23 AUGUST 25 COMMUNITY STAKEHOLDERS MEETING • Embrace transit for all ages and incomes • Do more to allow a diversity of people who can qualify to live here • Provide high quality amenities for the residents • Take advantage of the commercial frontage for commercial uses QUESTION #2. WHAT WOULD MAKE THE INFRASTRUCTURE IN THIS AREA BETTER? • Need open space and green space as part of a new development • Safe pedestrian and biking connections to the schools • Traffic calming if a “north” entrance is needed • The Deans Bridge entrance should be nice and amenitized • Talk about all of the amenities that new developments can incorporate and bring to the area • Public engagement will be critical - leverage all of the community partnerships August 25, 2022 Meeting QUESTION #3. THE #1 THING THAT WOULD MAKE THIS AREA BETTER IS... • Grocery / diversity in grocery options • Shopping areas • Banking • Dining COMMUNITY INPUTCOMMUNITY INPUT 24 REVITALIZATION PLAN AUGUSTA, GA SEPTEMBER COMMUNITY MEETING SEPTEMBER COMMUNITY MEETING COMMUNITY INPUT FALL 2022 AUGUSTA HOUSING AUTHORITY 25 SEPTEMBER COMMUNITY MEETING COMMUNITY INPUTCOMMUNITY INPUT 26 REVITALIZATION PLAN AUGUSTA, GA DEANS BRIDGE ROAD AREA MASTER PLAN This plan envisions an improved Deans Bride Road area that attracts new investment that raises the quality of life for all current and future area residents. The future of the Deans Bridge Road area will include new investments in parks, open spaces, and recreational facilities - provided new opportunities within walking distance of existing neighborhoods. The area will accommodate new high-quality retailers and a grocery store, providing close-by access to necessary goods and services for community members. In the future this area will provide streets with safe sidewalks and crosswalks so that community members can comfortably walk to shops, restaurants, grocery stores, schools, parks, playgrounds, and transit. The area will attract new development, including new retail and new residences, which will enhance the aesthetics of the area, and will be well-maintained and managed. And in the future, this area will provide new early education, pre-k, and after school programs so that families with young children will be able to have nearby access in order to care for their children and in order for entire families to thrive and flourish. RECOMMENDATIONS DEANS B R I D G E R D HAMPTON DR ELEMENTARY SCHOOL Deans Bridge Road Revitalization Plan recommendations rendering FALL 2022 AUGUSTA HOUSING AUTHORITY 27 #1. DEANS BRIDGE ROAD COMMERCIAL REDEVELOPMENT Underutilized or older Deans Bridge Road frontage buildings should be acquired for redevelopment to take advantage of the traffic volumes along the corridor as well as location off of the I-520 interchange. These parcels should be developed into highway oriented retail centers including a grocery store and other supporting retailers and commercial uses. The new grocery-anchored retail development would provide a welcomed aesthetic improvement to the corridor and would further serve to provide nearby goods and services to existing and future area residents. COMMERCIAL REDEVELOPMENT RECOMMENDATIONS DEANS BRIDGE R D HAMPTON DR ELEMENTARY SCHOOL Example of grocery-anchored retail center Example of highway-oriented retailers RECOMMENDATIONS 28 REVITALIZATION PLAN AUGUSTA, GA RESIDENTIAL DEVELOPMENT #2. DEANS BRIDGE ROAD RESIDENTIAL REDEVELOPMENT The area north of the Deans Bridge Road highway frontage and south of Hampton Drive should be targeted in the future for new high-quality multi-family housing. With lack of new housing that has been built in the area, as well as the projections for population decline in the future, it is important to leverage larger parcels such as these to introduce quality new housing into the area. This new RECOMMENDATIONS DEANS BR I D G E R D HAMPTON DR ELEMENTARY SCHOOL Example of quality workforce homes Example of quality workforce homes FALL 2022 AUGUSTA HOUSING AUTHORITY 29 #3. NEW EARLY EDUCATION / AFTER SCHOOL PROGRAMMING The Deans Bridge Road Redevelopment Area would benefit from increased resources catering to families with young EARLY EDUCATION / AFTER SCHOOL PROGRAMMING RECOMMENDATIONS housing should be modeled after newer similar developments in the Augusta area such as Walton Oaks and Walton Green. These new developments should adhere to the following criteria to ensure that they are of the highest quality for the residents and the adjoining neighborhoods. • The new development should provide on-site management and security, similar to Walton Oaks and Walton Green in Augusta • The new development should provide housing opportunities targeted towards the incomes of the area • The new development should provide robust open space and recreation amenities for its residents • The new development should provide enhanced landscaping and streetscapes to provide for an enhanced aesthetic for the area Example of a Boys and Girls Club facility HAMPTON DR ELEMENTARY SCHOOL RECOMMENDATIONS 30 REVITALIZATION PLAN AUGUSTA, GA COMMUNITY PARK children. There is a lack of early childhood, pre-k, and after school programming available to families with young children in this area. This plan recommends providing either an early childhood facility, an after school recreation facility, or both. The parcel located south of Glen Hills Elementary School are vacant and not actively being used and as such would make an ideal site for this resource. This parcel has an existing vacant building which could be used to accommodate such programming. RECOMMENDATIONS Example of new public basketball courts #4. NEW COMMUNITY PARK AND RECREATION LOCATION This area is in tremendous need of closer parks and open space opportunities. There are no parks and open space facilities that are within walking distance of the area. A new opportunity should be provided and could be developed adjacent to the proposed early childhood/after school facility, and the High School and Elementary School. This site should also provide for a new pathway that Example of a new public playground HAMPTON DR ELEMENTARY SCHOOL FALL 2022 AUGUSTA HOUSING AUTHORITY 31 TRANSIT PLAZA RECOMMENDATIONS can accommodate pedestrians and cyclists so that children and/or their families can safely access the High School and the Elementary School off of Hampton Drive. This new connection would provide a shorter and safe path of travel for students who walk or bikeway from their homes to these neighborhood schools. #5. NEW BUS TRANSIT PLAZA Bus Route #8 services the Deans Bridge Road corridor, with additional access directly to the Walmart provided as the bus route extends north into the Walmart parking lot before exiting south onto Georgetown Drive and returning back onto Deans Bridge Road. This plan recommends the creation of a Bus Transit Plaza located at the western edge of the Walmart property, strategically located within walking distance of the Elementary School, High School, proposed new early education/after school facility, proposed new neighborhood park, and proposed new residential development. HAMPTON DR ELEMENTARY SCHOOL Examples of transit plazas RECOMMENDATIONS 32 REVITALIZATION PLAN AUGUSTA, GA PEDESTRIAN IMPROVEMENTS #6. PEDESTRIAN MOBILITY IMPROVEMENTS In order for this area to grow in the manner proposed in this Redevelopment Plan, it is vital to upgrade the pedestrian infrastructure along Hampton Drive and Georgetown Drive. The upgraded pedestrian infrastructure will ensure that existing and future area residents will be able to safely walk to the schools, parks, playgrounds, retail, and bus transit that the area will provide in the future. The pedestrian infrastructure recommended improvements are as follows: RECOMMENDATIONS HAMPTON DR ELEMENTARY SCHOOL 1 2 4 3 5 6 7 8 9 1. Extend Hamilton Drive sidewalk to Georgetown Drive 2. Provide bike-ped connection to the schools 3. Install new sidewalk on Hamilton Drive to Georgetown Drive 4. Install new pedestrian crosswalk across new residential development drive 5. Install new pedestrian crosswalk across Hamilton Drive at the Georgetown Drive intersection 6. Install new sidewalk on the west side of Georgetown Drive 7. Install new crosswalk across the existing driveway on the western side of Georgetown Drive 8. Install new crosswalk across Georgetown Drive at the Walmart driveway intersection 9. Install new sidewalk to the proposed new Bus Transit Plaza FALL 2022 AUGUSTA HOUSING AUTHORITY 33 RECOMMENDATIONS this page is left intentionally blank RECOMMENDATIONS Commission Meeting Agenda 10/4/2022 2:00 PM HCD __ Deans Bridge Road Revitalization Plan Approval Request Department:HCD Department:HCD Caption:Motion to approve the Deans Bridge Road Revitalization Plan as presented by the Augusta Housing Authority (c/o HCD). Background:The Deans Bridge Road Revitalization Plan Area is an area of South Augusta bound by Deans Bridge Road to the south, I-520 to the east, and Old McDuffie Road to the north. The area includes a parcel owned by the Augusta Housing Authority and this plan serves as a vital resource for establishing a quality community framework plan that supports the future redevelopment of the area, including the site of the Augusta Housing Authority. The Plan Area is defined by undeveloped land, low-density retail and commercial uses, and the location of public elementary, middle, and high school campuses. The Plan Area is near major Augusta-area employment and employment training centers including the Medical District, Downtown Augusta, Augusta Technical College, and Fort Gordon. The Plan Area is further aided by the presence of an Augusta Transit bus line that provides a direct connection between Deans Bridge Road and the broader Augusta community. This plan envisions an improved Deans Bride Road area that attracts new investment that raises the quality of life for all current and future area residents. The future of the Deans Bridge Road area will include new investments in parks, open spaces, and recreational facilities - provided new opportunities within walking distance of existing neighborhoods. The area will accommodate new high-quality retailers and a grocery store, providing close-by access to necessary goods and services for community members. In the future this area will provide streets with safe sidewalks and crosswalks so that community members can comfortably walk to shops, restaurants, grocery stores, schools, parks, playgrounds, and transit. The area will attract new development, including new retail and new residences, which will enhance the aesthetics of the area, and will be well- maintained and managed. And in the future, this area will provide new early education, pre-k, and after school programs so that families with young children will be able to have nearby access to care for their children and for entire families to thrive and flourish. Analysis:Deans Bridge Road Redevelopment Plan is a plan committed to improving the Deans Bridge Road area through affordable and work force housing development first in partnership with Augusta Housing and Community Development (& others) in an overarching effort to attract new investment that increases the quality of life for all current and future area residents along this corridor. Financial Impact:There is no financial commitment on the part of Augusta-Richmond County. Alternatives:Deny this approval request. Recommendation:Motion to approve the Deans Bridge Road Revitalization Plan as presented by the Augusta Housing Authority (c/o HCD). Funds are Available in the Following Accounts: There is no financial commitment on the part of Augusta-Richmond County. REVIEWED AND APPROVED BY: AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION Page 1 of 7 Pages THIS CONTRACT, by and between Augusta Housing and Community Development_, hereinafter called “Owner” and ___Blount’s Complete Home Services___, hereinafter called the “Contractor.” WITNESSETH: That the Owner and the Contractor, for the considerations hereinafter named, mutually agree as follows: ARTICLE 1 CONTRACT DOCUMENTS The Contract Documents shall consist of the Housing Rehabilitation Contract General Conditions (AHCDD Form 510), Attached Work Write Up, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after the execution of this Agreement; these form the Contract and are as fully a part of the Contract. The Contract represents the entire and integrated agreement between the parties and supersedes prior negotiations, representations, and agreements, both written and oral. In the event of a conflict among the Contract Documents, the Documents shall be interpreted according to the following priorities: First Priority: Manufacturer’s Instructions Second priority: Construction/Rehabilitation Contract Third Priority: General Conditions of Contract, 2000 version Fourth Priority: Work Write-Up dated _7/26/2022____ AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION Page 2 of 7 Pages ARTICLE 2 SCOPE OF SERVICES The Contractor shall do all the work and provide all the materials, tools, machinery, supervision, etc., necessary for the rehabilitation of the multifamily units located at 2437-2435, 2433-2431, 2429-2427 Mount Auburn St; 719-721 Weed St Augusta, GA 30901, all in accordance with the Work Write-Up which is attached hereto and expressly incorporated herein by reference and made a part hereof. The contractor shall perform the entire rehabilitation of the residential structure as described in the contract documents except items as indicated as follows, which are to be the responsibility of other contractors: Scope Contractor HVAC Johnny’s Heating & Air ROOF GT Builders, LLC ARTICLE 3 TIME OF PERFORMANCE The services of the Contractor are to commence on _________ and shall be completed by _____________. As time is of the essence, the Contractor will, if these services are not completed within this time period, be assessed the amount of Fifty Dollars ($50.00) for each day the work is not substantially completed after ______________ unless an extension is granted by the Owner. Liquidated damages shall be deducted from the total amount of payment due the Contractor under this Contract. ARTICLE 4 CONTRACT PRICE In consideration of the terms and obligations of this Contract, the Owner agrees to pay the Contractor _$144,000.00. The Contract Sum is based upon the following alternates, which are described in the Contract Documents and are hereby accepted by the Owner: AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION Page 3 of 7 Pages #1__________________________________________________________________ #2__________________________________________________________________ #3__________________________________________________________________ ARTICLE 5 PROGRESS PAYMENTS The Contractor agrees that the total contract price shall be paid in one or more progress payments based upon the value of the work satisfactorily completed at the time the progress payment is made. Such progress payments shall be disbursed on a monthly basis, after inspection and approval of the work by the Owner and the Augusta Housing and Community Development Department, or its duly authorized representative, less a retainage of 10% of the price of the work completed. Prior to receiving any progress payment, the Contractor shall furnish the Owner with Application and Certificate for Payment Owed to Date, for the materials and labor procured under this Contract. Upon completion of the whole Contract and acceptance of the work by the Owner and the Augusta Housing and Community Development Department, and compliance by the Contractor with all Contract terms, the amount due the Contractor shall be paid including any retainage. The Owner and the Augusta Housing and Community Development Department shall approve a final disbursement of all amounts withheld from prior disbursements upon the completion of the construction of the Project as evidenced by the final approval by all code agencies and a field inspection by the Augusta Housing and Community Development Department. The Augusta Housing and Community Development Department and the Owner may withhold from such disbursement up to two hundred percent (200%) of any amounts required to complete the scheduled value of “punch list” items so-called, and seasonal work such as landscaping. ARTICLE 6 CONTRACTOR AFFIDAVIT Prior to each payment by the OWNER, the CONTRACTOR shall affirm in writing that there are no liens or claims filed against the CONTRACTOR or Owner related to materials, labor or services supplied on this or any other project in which the CONTRACTOR was or is currently involved. No payment shall be made to the Contractor if a lien has been filed with respect to the work, which is the subject of this Contract. Final payment shall be made within fourteen (14) days after the request for payment by the CONTRACTOR, provided that the Work of the Contract be then satisfactorily performed, subject to the provisions of the Contract Documents, and further subject to receipt by the OWNER of the same Affirmation relative to existing liens or claims against the CONTRACTOR as set forth above. Upon such final payment, the CONTRACTOR shall provide to the OWNER a Final Release of Lien stating that the CONTRACTOR has no further claims or liens against the Owner for materials or labor supplied under this Agreement. AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION Page 4 of 7 Pages ARTICLE 7 OWNER’S REPRESENTATIVES/LENDER’S AGENTS The Owner’s Representative shall be Sonya Johnson. The Owner’s Representative will provide administration of this Contract during construction and throughout the warranty period. The Owner’s Representative will visit the site at intervals appropriate to the stage of construction to determine if the Work is proceeding in accordance with the Contract Documents. Based on the Owner’s Representative evaluation of Contractor’s invoices for payment, the Owner’s Representative will determine the amounts owing to the Contractor. The Owner’s Representative will have authority to reject Work that does not conform to the Contract Documents. If the Contractor fails to correct defective Work or persistently fails to carry out the Work in accordance with the Contract Documents, the Owner’s Representative, by a written order, may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. ARTICLE 8 CHANGES IN THE WORK After this agreement is executed by the Owner, any changes to the scope of Work, budget or time schedule must be agreed upon in writing by the Owner and Contractor and approved by the lender’s representatives. ARTICLE 9 FINES The Contractor is fully responsible for the means and methods of executing the scope of work. The Contractor is specially trained in lead-safe work practices and lead hazard reduction and therefore agrees to hold the owner and the agency harmless in the event of any fines from federal or local agencies concerning the lead hazard reduction work. The Contractor agrees to immediately satisfy any and all fines or judgments presented by OSHA, EPA, the local or state health department, the applicable state lead-based paint activities certification and training program, and any other governmental agency having jurisdiction over lead hazard reduction work. AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION Page 5 of 7 Pages ARTICLE 10 TERMINATION OF AGREEMENT This agreement may be terminated by either party upon seven days’ written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. This agreement may be terminated by the Owner upon at least seven days written notice to the Contractor in the event the project is permanently abandoned. In the event of termination not the fault of the Contractor, the Contractor shall be compensated for all services performed to the termination date. ARTICLE 11 ARBITRATION All claims, disputes, and other matters in question between the parties to this agreement, arising out of or relating to this agreement or the breach thereof, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise. No arbitration arising out of or relating to this agreement, shall include, by consolidation, joinder or in any manner, any additional person not a party to this agreement except by written consent containing a specific reference to this agreement and signed by the Owner, the Owner’s Representative, and any other person sought to be joined. Any consent to arbitration involving an additional person or persons shall not constitute consent to arbitration of any dispute not described therein or with any person not named or described therein. This agreement to arbitrate and any agreement to arbitrate with an additional person or persons duly consented to by the parties to this agreement shall be specifically enforceable under the prevailing arbitration law. Notice of the demand for arbitration shall be filed in writing with the other party to this agreement and with the Augusta Housing and Community Development Department Director. The demand shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, in no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim dispute or other matter in question would be barred by the applicable statute of limitations. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION Page 6 of 7 Pages ARTICLE 12 ASSIGNMENT OF CONTRACT This agreement may not be assigned to any other Contractor or Agent of Contractor without the written approval of the Owner and the Augusta Housing and Community Development Department. IN WITNESS WHEREOF, the parties hereto executed this Agreement the day and year first above written. CONTRACTOR Blount’s Complete Home Service Name of Contractor ______Jimmy Blount________ Contractor’s Representative – Title Signature of Contractor OWNER Augusta Housing and Community Development Name of Homeowner Signature of Owner WITNESS: Subscribed and sworn to before me this day of , 20 . Notary Public AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION Page 7 of 7 Pages Approved as to form: _________________________ Date: ______________ Augusta, GA Law Department By: ___________________________________ Date: ______________ Hardie Davis As its Mayor By: ___________________________________ Date: _______________ Takiyah A. Douse As its Interim Administrator By: ___________________________________ Date: ________________ Hawthorne Welcher, Jr. As its Director, HCD SEAL ____________________________ Lena Bonner As its Clerk Commission Meeting Agenda 10/4/2022 2:00 PM HCD_ Maintenance and Repairs of Mt. Auburn Apartments Approval Request Department:HCD Department:HCD Caption:Motion to approve Housing and Community Development Department’s (HCD's) request to provide NSP and/or CDBG funding to Blount’s Complete Home Services to provide maintenance and repairs to six (6) multi-family units at Mt. Auburn Apartments. Background:Housing and Community Development has acquired the services of Blount’s Complete Home Services for maintenance and repairs of Mt. Auburn Apartments. The apartments were purchased by HCD and placed in the Augusta Land Bank Authority. Over the years there have been a lot of wear and tear on both the outside of the units and inside of the apartments. The units are overdue for maintenance and repairs and HCD will utilize program income from the Neighborhood Stabilization Program to enhance all six (6) rental units. Unit Addresses: 2431-2433 Mt. Auburn Avenue, Augusta, GA 30904 2435-2437 Mt. Auburn Avenue, Augusta, GA 30904 719-721 Weed Street, Augusta, GA 30904 Analysis:Approval of the contract will allow six (6) multi-family units and surrounding outside areas to be repaired and preserved for low to moderate income tenants to continue to live in safe and affordable rental housing. Financial Impact:HCD will utilize Neighborhood Stabilization Program (NSP) Program Income funding in the amount of $144,000.00 to assist in maintenance and repairs of six (6) multi-family units. Alternatives:Do not approve HCD’s Request. Recommendation:Motion to approve Housing and Community Development Department’s (HCD's) request to provide NSP funding to Blount’s Complete Home Services to provide maintenance and repairs to six (6) multi-family and units at Mt. Auburn Apartments. Funds are Available in the Following Accounts: Housing and Urban Development (HUD) Funds: Neighborhood Stabilization Program (NSP) funds. NSP Funds: 221073217-5211119 "Request finance to add these funds $144,000.00 to the current year budget in 221073217-3891130 from the deferred program income acct." REVIEWED AND APPROVED BY: ADMINISTRATIVE SERVICES AGREEMENT This Administrative Services Agreement ("Agreement") is entered into by and between Augusta-Richmond County BOC ("Employer") and Blue Cross Blue Shield Healthcare Plan of Georgia, Inc. dba Anthem Blue Cross and Blue Shield ("Anthem") and is effective as of January 1, 2023 upon the following terms and conditions: 1. Employer is the sponsor of a self-funded Group Health Plan (as defined below) providing, among other things, health care benefits to certain eligible employees and their qualified dependents. 2. Employer desires to retain Anthem as an independent contractor to administer certain elements of Employer's Group Health Plan. 3. Anthem desires to administer certain elements of Employer's Group Health Plan pursuant to the terms of this Agreement. In consideration of the promises and the mutual covenants contained in this Agreement, Anthem and Employer (the "Party" or "Parties" as appropriate) agree as follows: ARTICLE 1 – DEFINITIONS For purposes of this Agreement and any amendments, attachments or schedules to this Agreement, the following words and terms have the following meanings unless the context or use clearly indicates another meaning or intent: ADMINISTRATIVE SERVICES FEES. The amount payable to Anthem in consideration of its administrative services and operating expenses as indicated in Section 3 of Schedule A, excluding any cost for stop loss insurance coverage or any other policy of insurance, if applicable. All additional charges not included in the Administrative Services Fees are specified elsewhere in this Agreement. AGREEMENT PERIOD. The period of time indicated in Section 1 of Schedule A. ANTHEM AFFILIATE. An entity controlling, under common control with or controlled by Anthem. BENEFITS BOOKLET. A description of the portion of the health care benefits provided under the Plan that is administered by Anthem. BILLED CHARGES. The amount that appears on a Member's Claim form (or other written notification acceptable to Anthem that Covered Services have been provided) as the Provider's charge for the services rendered to a Member, without any adjustment or reduction and irrespective of any applicable reimbursement arrangement with the Provider. BLUE CROSS BLUE SHIELD ASSOCIATION ("BCBSA"). An association of independent Blue Cross and Blue Shield companies. CLAIM. Written or electronic notice of a request for reimbursement of any health care service or supply on a form acceptable to Anthem. CLAIMS RUNOUT SERVICES. Processing and payment of Claims that are incurred but unreported and/or unpaid as of the date this Agreement terminates. COVERED SERVICE. Any health care service or supply rendered to Members for which benefits are eligible for reimbursement pursuant to the terms of the applicable Benefits Booklet. EMPLOYER AFFILIATES. Companies affiliated with Employer that are participating in the Plan and which, along with the Employer constitute a single "control group" as that term is used in the Internal Revenue Code. ERISA. The Employee Retirement Income Security Act of 1974, as amended, and regulations promulgated thereunder. GROUP HEALTH PLAN OR PLAN. An employee welfare benefit plan (as defined in Section 3(1) of ERISA) established by the Employer, in effect as of the Effective Date, as described in the Plan Documents, as they may be amended from time to time. INTER-PLAN ARRANGEMENTS. Blue Cross and Blue Shield Association programs, including the BlueCard Program, where Anthem can process certain Claims for Covered Services received by Members, which may include accessing the reimbursement arrangement of a Provider that has contracted with another Blue Cross and/or Blue Shield plan. INVOICE DUE DATE. The date on the invoice provided to Employer indicating when payment is due. MEMBER. The individuals, including the Subscriber and his/her dependents, as defined in the Benefits Booklet, who have satisfied the Plan eligibility requirements of Employer, applied for coverage, and been enrolled for Plan benefits. NETWORK PROVIDER. A physician, health professional, hospital, pharmacy, or other individual, organization and/or facility that has entered into a contract, either directly or indirectly, with Anthem to provide Covered Services to Members through negotiated reimbursement arrangements. PAID CLAIM. The amount charged to Employer for Covered Services or services provided during the term of this Agreement and any Claims Runout Period. Paid Claims may also include any applicable surcharges assessed by a state or government agency and any applicable interest paid. In addition, Paid Claims shall be determined as follows: 1. Provider and Vendor Claims. Except as otherwise provided in this Agreement, Paid Claims shall mean the amount Anthem actually pays the Provider or Vendor without regard to: (i) whether Anthem reimburses such Provider or Vendor on a percentage of charges basis, a fixed payment basis, a global fee basis, single case rate, or other reimbursement methodology; (ii) whether such amount is more or less than the Provider's or Vendor's actual Billed Charges for a particular service or supply; or (iii) whether such payments are increased or decreased by the Provider's or Vendor's achievement of, or failure to achieve, certain specified goals, outcomes or standards adopted by Anthem. 2. This provision is intentionally removed. 3. Payment Innovation Programs. If a Provider or Vendor participates in any Anthem payment innovation program, excluding any programs described in paragraph 1 of this provision, in which performance incentives, rewards or bonuses are paid based on the achievement of cost, quality, efficiency, or service standards or metrics adopted by Anthem ("Payment Innovation Programs"), Paid Claims shall also include the amount of such payments to Providers or Vendors for these Payment Innovation Programs. Such payments may be charged to Employer on a per Claim, lump sum, per Subscriber, or per Member basis and shall be based on Anthem's predetermined methodology for such Payment Innovation Program, as may be amended from time to time. The total monies charged in advance to fund a Payment Innovation Program shall be actuarially determined as the amount necessary to fund the expected payments attributable to the Payment Innovation Program. Prior to its implementation, Anthem shall provide Employer with a description of the Payment Innovation Program, the methodology that will be utilized to charge the Employer, and any reconciliation process performed in connection with such program. Payments to Providers or Vendors under these Payment Innovation Programs shall not impact Member cost shares. 4. Fees Paid To Manage And/Or Coordinate Care Or Costs. Paid Claims may also include fees paid to Providers or Vendors for managing and/or coordinating the care or cost of care for designated Members. 5. Claims Payment Pursuant to any Judgment, Settlement, Legal or Administrative Proceeding. Paid Claims shall include any Claim amount paid as the result of a settlement, judgment, or legal, regulatory or administrative proceeding brought against the Plan and/or Anthem, or otherwise agreed to by Anthem, with respect to the decisions made by Anthem regarding the coverage of or amounts paid for services under the terms of the Plan. Paid Claims also includes any amount paid as a result of dispute resolution procedures. Any Claims paid pursuant to this provision will count towards any stop loss accumulators under a stop loss agreement with Anthem. 6. Claims Payment Pursuant To Inter-Plan Arrangements And Other Bcbsa Programs. Paid Claims shall include any amount paid for Covered Services that are processed through Inter-Plan Arrangements or for any amounts paid for Covered Services provided through another BCBSA program (e.g., BCBSA Blue Distinction Centers for Transplant). More information about Inter-Plan Arrangements is found in the Inter-Plan Arrangements Schedule of this Agreement. 7. Claims Payment Pursuant To A Consumer Directed Health Plan Account. If applicable to Plan benefits and as indicated on Schedule A or B of this Agreement, Paid Claims shall include any amount actually paid by Anthem from a consumer directed health plan account, such as a health reimbursement account or a health incentive account. PLAN DOCUMENTS. The documents that set forth the terms of the Plan, and which include the Summary Plan Description and the Benefits Booklet. PROPRIETARY INFORMATION AND CONFIDENTIAL INFORMATION. Employer's Proprietary Information is information about the systems, procedures, methodologies and practices used by Employer to run its operations and the Plan and other non-public information about Employer. Anthem's Proprietary Information is non-public, trade secret, commercially valuable, or competitively sensitive information, or other material and information relating to the products, business, or activities of Anthem or an Anthem Affiliate, including but not limited to: (1) Information about Anthem's Provider networks, Provider negotiated fees, Provider discounts, and Provider contract terms; (2) information about the systems, procedures, methodologies, and practices used by Anthem and Anthem Affiliates in performing their services such as underwriting, Claims processing, Claims payment, and health care management activities; and (3) combinations of data elements that could enable information of this kind to be derived or calculated. Anthem's Confidential Information is information that Anthem or an Anthem Affiliate is obligated by law or contract to protect, including but not limited to: (1) Social Security numbers; (2) Provider tax identification numbers (TINs); (3) National Provider Identification Numbers (NPIs); (4) Provider names, Provider addresses, and other identifying information about Providers; and (5) drug enforcement administration (DEA) numbers, pharmacy numbers, and other identifying information about pharmacies. PROVIDER. A duly licensed physician, health professional, hospital, pharmacy or other individual, organization and/or facility that provides health services or supplies within the scope of an applicable license and/or certification and meets any other requirements set forth in the Benefits Booklet. SUBSCRIBER. An employee or retiree of Employer or other eligible person (other than a dependent) who is enrolled in the Plan. SUMMARY PLAN DESCRIPTION ("SPD"). A document provided to Subscribers by Employer or its designee that describes the health care benefits available to Members under the Plan, their rights under the Plan and the obligations of the Plan. This document may incorporate the Benefits Booklet. In the event of any conflict or inconsistency between the Summary Plan Description and the Benefits Booklet, the terms of the Benefits Booklet shall control Anthem's performance under this Agreement. VENDOR. A person or entity other than a Provider, including an Anthem Affiliate, that provides services or supplies pursuant to a contract with Anthem. ARTICLE 2 - ADMINISTRATIVE SERVICES PROVIDED BY ANTHEM a. Anthem shall process the enrollment of eligible individuals and termination of Members as directed by the Employer subject to the provisions of this Agreement. Anthem shall, with the assistance of Employer, respond to direct routine inquiries made to it by employees and other persons concerning eligibility in the Plan. b. Anthem shall perform the following Claims administrative services: 1. Process Claims with a Claims Incurred Date indicated in Section 1 of Schedule A and provide customer service, including investigating and reviewing such Claims to determine what amount, if any, is due and payable according to the terms and conditions of the Benefits Booklet and this Agreement. Anthem shall perform coordination of benefits ("COB") with other payors, including Medicare. In processing Claims, Anthem shall utilize Anthem's medical policies and medical policy exception process, its definition of medical necessity, its precertification and/or preauthorization policies, Provider contract requirements and applicable Claim timely filing limits. 2. Disburse to the applicable individuals or entities (including Providers and Vendors) payments that it determines to be due according to the provisions of the Benefits Booklet. 3. Provide notice in writing when a Claim for benefits has been denied which notice shall set forth the reasons for the denial and the right to a full and fair review of the denial under the terms of the Benefits Booklet and shall otherwise satisfy applicable regulatory requirements, including those of ERISA, governing the notice of a denied Claim. 4. Administration of independent dispute resolution processes for non-Network Provider Claims (including non-network air ambulance Provider Claims) as set forth under the Consolidated Appropriations Act if listed in Schedule A for the fee set forth in Section 3.C of Schedule A. Employer agrees to promptly notify Anthem if an independent dispute resolution request is received. Failure to promptly notify Anthem may impact independent dispute resolution processes. Notwithstanding anything to the contrary in the Agreement, Employer shall assume liability for payment of all fees and costs, including but not limited to arbitrator fees, charged to or paid by Anthem as part of Inter-Plan Arrangement Claim independent dispute resolution processes. c. Pursuant to Section 405(c)(1) of ERISA, Employer delegates to Anthem fiduciary authority to determine claims for benefits under the Plan as well as the authority to act as the appropriate fiduciary under Section 503 of ERISA to determine appeals of any adverse benefit determinations under the Plan. Anthem shall administer complaints, appeals and requests for independent review according to Anthem's complaint and appeals policy, and any applicable law or regulation, unless otherwise provided in the Benefits Booklet. In carrying out this authority, Anthem is delegated full discretion to determine eligibility for benefits under the Plan and to interpret the terms of the Plan. Anthem shall be deemed to have properly exercised such authority unless a Member proves that Anthem has abused its discretion or that its decision is arbitrary and capricious. Anthem is a fiduciary of the Plan only to the extent necessary to perform its obligations and duties as expressed in this Agreement and only to the extent that its performance of such actions constitutes fiduciary action under ERISA. Anthem shall have no fiduciary responsibility in connection with any other element of the administration of the Plan. Anthem shall not act as the "plan administrator" nor shall it be a "named fiduciary" of the Plan. Anthem shall charge Employer the fee described in Section 3.C of Schedule A for any independent review conducted pursuant to this provision. d. Anthem shall have the authority, in its discretion, to institute from time to time, utilization management, case management, disease management or wellness pilot initiatives in certain designated geographic areas. These pilot initiatives are part of Anthem's ongoing effort to find innovative ways to make available high quality and more affordable healthcare services. A pilot initiative may affect some, but not all Members under the Plan. These programs will not result in the payment of benefits which are not provided in the applicable Benefits Booklet, unless otherwise agreed to by the Employer. Anthem reserves the right to discontinue a pilot initiative at any time without advance notice to Employer. e. Anthem shall perform Claims prepayment analysis and recovery services as provided in Articles 4 and 13. f. Anthem shall issue identification cards to Subscribers and/or Members, as applicable, and the content and design of the identification cards shall comply with BCBSA regulations. g. Employer authorizes Anthem to use relevant Employer Claims and eligibility data to offer Medicare products as a replacement of Employer’s Group Health Plan for Members. h. Anthem shall provide Members and potential Members access to an online directory of Providers contracted with Anthem ("Provider Directories"). Members may also contact customer service for a listing of applicable Network Providers. Additionally, if applicable to Plan benefits, Anthem shall ensure that Members and potential Members have access to the BlueCard directory of Providers via a website sponsored by BCBSA. i. Anthem reserves the right to make benefit payments to either Providers or Members at its discretion. Employer agrees that the terms of the Plan will include provisions for supporting such discretion in determining the direction of payment including, but not limited to, a provision prohibiting Members from assigning their rights to receive benefit payments, unless otherwise prohibited by applicable law. j. If applicable to the Plan benefits and as indicated in Schedule A or B of this Agreement, Anthem may provide or arrange for the provision of the following managed care services: 1. Conduct medical necessity review, utilization review, and a referral process, which may include, but is not limited to: (a) preadmission review to evaluate and determine the medical necessity of an admission or procedure and the appropriate level of care, and for an inpatient admission, to authorize an initial length of stay; (b) concurrent review throughout the course of the inpatient admission for authorization of additional days of care as warranted by the patient's medical condition; (c) retrospective review; and (d) authorizing a referral to a non-Network Provider. Anthem shall have the authority to waive a requirement if, in Anthem's discretion, such exception is in the best interest of the Member or the Plan, or is in furtherance of the provision of cost effective services under this Agreement. 2. Perform case management to identify short and long term treatment programs in cases of severe or chronic illness or injury. Anthem may, but is not required to, customize benefits in limited circumstances by approving otherwise non-Covered Services if, in the discretion of Anthem, such exception is in the best interest of the Member and the Plan. 3. Provide access to a specialty network of Providers if the Plan includes a specialty network. Anthem reserves the right to establish specialty networks for certain specialty or referral care. 4. Provide any other managed care services incident to or necessary for the performance of the services set forth in this Article 2. k. If applicable to the Plan benefits and as indicated in Schedule A or B of this Agreement, Anthem shall offer wellness programs and other programs to help Employer effectively manage the cost of care, and Employer shall pay fees for the programs selected by Employer only if such fees are indicated in Section 3(B) of Schedule A. Employer shall abide by all applicable policies and procedures of the programs selected, which may require Employer to provide requested information prior to Anthem initiating the service. l. On behalf of Employer, Anthem shall produce and maintain a master copy of the Benefits Booklet and make changes and amendments to the master copy of the Benefits Booklet and incorporate any approved changes or amendments pursuant to Article 18(a) of this Agreement. Employer shall determine, in its sole discretion, whether Anthem has accurately produced the Benefits Booklet and has fully implemented the approved changes or amendments. Until Employer has approved the Benefits Booklet, Anthem will administer the quoted benefits according to Anthem's most similar standard Benefits Booklet language. m. Anthem will provide Employer with Plan data and assistance necessary for preparation of the Plan's information returns and forms required by ERISA or other federal or state laws. Anthem shall prepare and mail all IRS Form 1099's and any other similar form that is given to Providers or brokers. Form 5500s are the sole responsibility of Employer; however, Anthem shall provide timely information and, if requested, assistance. Anthem will disclose its fee and compensation information to Employer, as required by applicable law, for Employer to complete its Form 5500 and assess its compliance with section 408(b)(2) of ERISA and any applicable regulations promulgated there under. Employer is solely responsible for preparing the summary annual reports. n. Anthem shall administer unclaimed funds associated with Paid Claims that are not processed through Inter- Plan Arrangements pursuant to unclaimed property or escheat laws and shall make any required payment and file any required reports under such laws. Inter-Plan Arrangement Paid Claims are processed according to the Host Blue’s procedures and may be escheated to the state. o. Unless otherwise agreed to by the Parties and specified in the Benefits Booklet, Anthem's standard policies and procedures, as well as Provider contracts, as they may be amended from time to time, will be used in the provision of services specified in this Agreement. In the event of any conflict between this Agreement and any of Anthem's policies and procedures, this Agreement will govern. In the event of any conflict between this Agreement and the Provider contracts, the Provider contracts will govern the rights and obligations as between the Parties and Providers. p. This provision is intentionally omitted. q. Select state laws require Employers to finance health related initiatives through residency-based assessments and/or surcharges added to certain Paid Claims. After Employer completes any applicable forms, Anthem shall make all assessment and/or surcharge payments on behalf of Employer to the appropriate pools administered by the respective states, based primarily upon Anthem's Paid Claims information and Member information provided to Anthem by Employer. Examples of such assessments and surcharges include, but are not limited to, the Massachusetts Health Safety Net Trust Fund, the New York Health Care Reform Act and the Michigan Health Insurance Claims Assessment Act. r. Anthem shall provide required notices describing Member's rights under the Women's Health and Cancer Rights Act (WHCRA) upon a Member's enrollment and at least annually thereafter. s. Anthem shall have the authority, in its sole discretion, to build and maintain its Provider network on its own behalf. In building and maintaining its Provider network, Anthem is not acting on behalf of or as an agent for any employer or member. Nothing in this Agreement shall be interpreted to require Anthem to maintain negotiated fees or reimbursement arrangements or other relationships with certain Providers or Vendors or to negotiate on behalf of or for the benefit of Employer or Employer's Members. Anthem will be solely responsible for acting as a liaison with Providers including, but not limited to, responding to Provider inquiries, negotiating contract language and negotiating rates with Providers or auditing Providers, and Employer agrees that it will be governed by the terms and conditions of these agreements. t. If a catastrophic event (whether weather-related, caused by a natural disaster, or caused by war, terrorism, or similar event) occurs that affects Members in one or more locations, and such catastrophic event prevents or interferes with Anthem's ability to conduct its normal business with respect to such Members or prevents or interferes with Members' ability to access their benefits, Anthem shall have the right, without first seeking consent from Employer, to take reasonable and necessary steps to process Claims and provide managed care services in a manner that may be inconsistent with the Benefits Booklet in order to minimize the effect such catastrophic event has on Members. As soon as practicable after a catastrophic event, Anthem shall report its actions to Employer. Employer shall reimburse Anthem for amounts paid in good faith under the circumstances and such amounts shall constitute Paid Claims, even if the charges incurred were not for services otherwise covered under the Benefits Booklet. u. Anthem shall submit any claim that is required to be filed under any stop loss policy issued by Anthem or an Anthem Affiliate. Anthem shall have no obligation to prepare or file any claim for excess risk or stop loss coverage under a policy not issued by Anthem or an Anthem Affiliate. Anthem shall provide Employer with Claims data pursuant to Article 11 of this Agreement if Employer chooses to file a claim under a stop loss policy issued by an entity other than Anthem or an Anthem Affiliate. Anthem shall assume no liability or responsibility to Employer for inconsistencies between the determination of Covered Services under the Benefits Booklet and this Agreement and the determination of coverage by an unaffiliated stop loss carrier. v. This provision is intentionally omitted. w. If a Member is a Massachusetts resident, Anthem shall mail the Member any notices required by the Massachusetts Health Care Reform Act ("HCRA") reflecting coverage during the current and prior Agreement Period. If a Member works in Massachusetts for Employer, but resides in another State, Anthem will only provide such notices if Employer notifies Anthem at least 60 days prior to any notice deadline imposed by HCRA that such Member requires the HCRA notices. x. Anthem is the responsible reporting entity ("RRE") for the Plan as that term is defined pursuant to Section 111 of the Medicare, Medicaid and SCHIP Extension Act of 2007. In order to fulfill its RRE obligation, Anthem requires information from the Employer, including, but not limited to, Member Social Security Numbers. Employer shall cooperate with Anthem and timely respond to any request for information made by Anthem. y. Anthem will provide Employer with Plan information and assistance necessary for the preparation of the Plan's Summary of Benefits and Coverage ("SBC") related to the elements of the Plan that Anthem administers. Employer is solely responsible for ensuring that the SBC accurately reflects the benefits Employer will offer and for finalizing and distributing the SBC to Subscribers. Notwithstanding the provisions in Article 18(a), if Employer's open enrollment period is at a time other than 30 days prior to the end of an Agreement Period, Employer agrees to provide Anthem with any changes to the benefits Anthem administers at least 60 days prior to the start of the open enrollment period. z. Anthem generally receives Member telephone numbers from Employer through enrollment files or the online employer access portal. Telephone numbers are provided directly to Employer by Members with the understanding that Anthem may contact them, and Employer does not obtain telephone numbers through a service or a third party. Anthem may contact Members by telephone for clinical purposes, benefit related issues or to perform services under the Agreement. Telephone numbers may be updated periodically by Members, and Anthem will honor do not call requests. With regard to Anthem's use of Member telephone numbers, Employer agrees to retain Member enrollment records for a period of at least 4 years or as otherwise set forth in the Telephone Consumer Protection Act and, upon request, will provide such records to Anthem in a timely manner. aa. Anthem shall provide reporting as indicated in Schedule B to assist with compliance under the Consolidated Appropriations Act. ARTICLE 3 - OBLIGATIONS OF EMPLOYER a. Employer shall furnish to Anthem initial eligibility information regarding Members. Employer is responsible for determining eligibility of individuals and advising Anthem in a timely manner, through a method agreed upon by the Parties, as to which employees, dependents, and other individuals are to be enrolled Members. Anthem reserves the right to limit the effective date of retroactive enrollment as indicated in Schedule A. Such retroactive enrollments shall be subject to Anthem's receipt of any applicable fees as indicated in Section 3 of Schedule A. Employer shall keep such records and furnish to Anthem such notification and other information as may be required by Anthem for the purpose of enrolling Members, processing terminations, effecting COBRA coverage elections, effecting changes in single or family coverage status, effecting changes due to a Member becoming eligible or ineligible for Medicare, effecting changes due to a leave of absence, or for any other purpose reasonably related to the administration of eligibility under this Agreement. Employer acknowledges that prompt and complete furnishing of the required eligibility information is essential to the timely, accurate, and efficient processing of Claims. Employer shall notify Anthem on at least a monthly basis of the Subscribers, dependents, or other individuals that will be or have become ineligible for benefits under the Plan. Upon receipt of such notice, Anthem shall terminate coverage in accordance with the Benefits Booklet. Employer shall give Anthem advance notice, if possible, of any Member's expected termination and/or retirement. Anthem reserves the right to limit retroactive terminations as indicated in Schedule A. Anthem shall credit Employer applicable fee for such retroactive terminations as indicated in Section 3 of Schedule A. If Anthem has paid Claims for persons no longer eligible, then Employer shall reimburse Anthem for all unrecovered Paid Claim amounts to the extent that the amounts have not already been paid by Employer and to the extent recoupment of such amounts has not been obtained by Anthem. b. Employer acknowledges that it or its designee(s) serves as the "plan sponsor, "plan administrator" and "named fiduciary" as those terms are defined in ERISA. Employer has all discretionary authority and control over the management of the Plan, and all discretionary authority and responsibility for the administration of the Plan except as delegated to Anthem in Article 2(c) of this Agreement. Anthem does not serve as "plan sponsor", "plan administrator" or as the Plan's "named fiduciary". Employer retains all final authority and responsibility for the Plan and its operation and Anthem is empowered to act on behalf of Employer in connection with the Plan only as expressly stated in this Agreement or as otherwise agreed to by the Parties in writing. Employer or its designee shall provide Anthem with timely, accurate and complete information necessary for any Anthem obligation under the Agreement. c. It is understood and agreed that the provision of any notice, election form, or communication and the collection of any applicable premium or fees required by or associated with Title X of the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended ("COBRA"), or any other applicable law governing continuation of health care coverage, shall be the sole responsibility of Employer and not Anthem, except as otherwise agreed to in a written agreement between the Parties. d. Employer is solely responsible for compliance with the Family and Medical Leave Act ("FMLA") and, to the extent applicable to Employers' wellness program(s), for compliance with the Americans with Disabilities Act, the Internal Revenue Code, federal and state nondiscrimination laws, and other federal and state laws and regulations governing wellness programs. e. Employer agrees to and shall collect those contributions from Subscribers that are required by Employer for participation in the Plan. If Employer elects Anthem's stop loss coverage, Employer shall abide by Anthem's participation and contribution guidelines. f. Unless otherwise agreed to by the Parties in writing, Employer shall prepare and distribute SPDs, summary annual reports, and all notices or summaries of changes or material modifications to the Plan. Employer shall ensure that when it or its designee prepares the SPD, such SPD will accurately reflect the terms of the Benefits Booklet. g. To the extent that Medicare, Medicaid, the Veterans Administration or any other federal or state agency or entity asserts a reimbursement right against Employer, the Plan, or Anthem pursuant to that agency's or entity's rights under applicable law with respect to Claims processed by Anthem under this Agreement, the Employer shall be responsible for reimbursing Anthem any such amounts determined to be owed. h. Employer shall give notice to Anthem of the expected occurrence of any of the following events (including a description of the event), with such notice to be given at least 30 days prior to the effective date of the event, unless such advance notice is prohibited by law or contract in which case, notice will be provided as soon as practicable: 1. Change of Employer's name; 2. Any merger between or consolidation with another entity where, after such merger or consolidation, Employer is not the controlling entity; 3. The sale or other transfer of all or substantially all of the assets of either Employer or any Employer Affiliates or the sale or other transfer of the equity of Employer or any Employer Affiliates, or; 4. Any bankruptcy, receivership, insolvency or inability of Employer to pay its debts as they become due. i. The Employer shall have the sole responsibility, in accordance with state or federal law, to develop procedures for determining whether a medical child support order is a "qualified" medical child support order. The Employer shall provide notice to Anthem once it has made such determination. j. The Employer may request Anthem, on an exception basis, to process and pay Claims that were denied by Anthem or take other actions with respect to the Plan that are not specifically set forth in this Agreement or the Benefits Booklet. In such cases, any payments shall not count toward the stop loss accumulators under a stop loss agreement issued by Anthem, unless otherwise agreed to by Anthem. Anthem may charge Employer a processing fee that has been mutually agreed to by the Parties prior to the processing of the Claim. Anthem shall not be responsible for any liability associated with any act or omission undertaken at the direction of, or in accordance with, instructions received from the Employer under this provision. ARTICLE 4 – CLAIMS PAYMENT METHOD a. Employer shall pay or fund Paid Claims according to the Claims payment method described in Section 4 of Schedule A. Employer shall pay or fund such amounts by the Invoice Due Date. In addition, from time to time, the Parties acknowledge that Employer may request a review of the appropriateness of a Claim payment and, during the review period, Employer shall pay or fund such Claim. b. The Parties acknowledge that, from time to time, a Claims adjustment may be necessary as a result of coordination of benefits, subrogation, workers' compensation, other third party recoveries, payment errors and the like, and that the adjustment will take the form of a debit (for an additional amount paid by Anthem) or a credit (for an amount refunded to Employer). The Parties agree that such Claims adjustment shall be treated as an adjustment to the Claims payment made in the billing period in which the adjustment occurs, rather than as a retroactive adjustment to the Claim in the billing period in which it was initially reported as paid. Any Claims credit may be reduced by a fee as indicated in Schedule A of this Agreement. In addition, a credit shall not be provided to Employer for a recovery related to a Claim that was covered under stop loss coverage provided by Anthem. c. Employer acknowledges and directs Anthem to utilize offsetting and cross-plan offsetting to recover overpaid Claims from Network Providers. Offsetting and cross-plan offsetting will be conducted only in cooperation with non-Network Providers who have expressly agreed to such procedures and have agreed that members will be held harmless. Offsetting is the practice of Anthem recovering overpayments made to a Network Provider by withholding overpaid amounts from subsequent payments to be made to the same Network Provider. Cross-plan offsetting is the practice of Anthem recovering overpayments made to a Network Provider for one member by withholding the overpaid amount from subsequent payments to be made to the same Network Provider for another member, who receives benefits under a different group health plan for which Anthem pays the Claims on behalf of a different employer. ARTICLE 5 – ADMINISTRATIVE SERVICES FEES During the term of this Agreement, Employer shall pay Anthem the Administrative Services Fees, described in Section 3 of Schedule A. Employer shall pay the Administrative Services Fees and other fees authorized under this Agreement by the applicable Invoice Due Date according to the payment method described in Section 5 of Schedule A. ARTICLE 6 – RENEWAL SCHEDULES If Anthem offers to renew this Agreement at the end of an Agreement Period, then Anthem shall provide Employer with the terms and conditions of the proposed renewal in writing within the time period provided in Section 1 of Schedule A. Employer shall notify Anthem in writing of its selection from the renewal options by indicating its selection and signing Anthem's designated renewal form. If Anthem does not receive a signed acceptance of the renewal from Employer prior to the start of the next Agreement Period, Employer's payment of the amounts set forth in the renewal shall constitute Employer's acceptance of the terms. Anthem shall provide a revised Schedule A that will become part of this Agreement without the necessity of securing Employer's signature. ARTICLE 7 – CLAIMS RUNOUT SERVICES a. Claims Runout Services shall be provided for the period of time provided in Section 6 of Schedule A (the "Claims Runout Period"), except such Claims Runout services shall not be provided in the event that termination is due to non-payment pursuant to Article 19(a) of this Agreement. During the Claims Runout Period, the terms of this Agreement shall continue to apply. Anthem shall have no obligation to process or pay any Claims or forward Claims to Employer beyond the Claims Runout Period. Any amounts recovered beyond the Claims Runout Period shall be retained by Anthem as reasonable compensation for services under this Agreement. Anthem shall, however, return any recoveries for which Anthem had received monies, but had not processed the recovery prior to the end of the Claims Runout Period. In addition, Employer shall have no obligation to reimburse Anthem for any amounts paid by Anthem due to adjustments to Claims after the end of the Claims Runout Period. b. The fee for providing Claims Runout Services during the Claims Runout Period, if applicable, is provided in Section 6 of Schedule A. Paid Claims and the fee for providing Claims Runout Services shall be invoiced and paid in the same manner as provided in Sections 4 and 5 of Schedule A, unless otherwise provided or agreed to in writing by the Parties. ARTICLE 8 – LATE PAYMENT PENALTY This Article is intentionally omitted. ARTICLE 9 – HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT a. Anthem's duties and responsibilities in connection with the requirements imposed by the Health Insurance Portability and Accountability Act ("HIPAA") and the Privacy, Security, Breach Notification and Standard Transactions regulations promulgated thereunder will be set forth in a separate Business Associate Agreement between the Parties. Business Associate is defined as a person or entity that performs certain functions or activities that involve the use or disclosure of protected health information on behalf of, or provides services to, a Covered Entity, as defined under 45 CFR 160.103. Business Associate Agreement (BAA) is defined as a legal contract that describes how Anthem, as a Business Associate, and Plan, as a Covered Entity, may use or disclose protected health information so that the Plan may comply with the applicable requirements of HIPAA and its regulations. Any reference in this Agreement to Business Associate or to Business Associate Agreement shall be considered to be capitalized. b. In the event the Plan submits Claims or eligibility inquiries or any other HIPAA covered transaction as defined in 45 CFR Part 160 and 162 to Anthem through electronic means, the Plan and Anthem shall comply with all applicable requirements of HIPAA and the Plan and Anthem shall require any of their respective agents or subcontractors to comply with all applicable requirements of HIPAA. ARTICLE 10 – PROPRIETARY AND CONFIDENTIAL INFORMATION a. Each Party retains ownership of its Proprietary Information and Confidential Information (collectively "Information") and neither conveys ownership rights in its Information nor acquires ownership rights in the other Party's Information by entering into this Agreement or performing its obligations hereunder. Nothing in this Agreement shall impair or limit a Party's right to use and disclose its Information for its own lawful business purposes. b. Each Party shall maintain the other Party's Information in strict confidence, and shall institute commercially reasonable safeguards to protect it. c. Employer shall use and disclose Anthem's Information solely for the purpose of administering the Plan. Employer shall not, without Anthem's advance written consent, (1) use or disclose Anthem's Information, or reports or summaries thereof, for any purpose other than administering the Plan; (2) combine Anthem's Information with other data to create or add to an aggregated database that will or could be made available to any third party; (3) combine Anthem's Information provided for a particular purpose with Anthem's Information provided for another purpose; or (4) sell or disclose Anthem's Information to any other person or entity except as expressly permitted by this Article 10. d. Employer may disclose the minimum amount of Anthem's Information necessary to Employer's stop loss carriers, consultants, auditors, and other third parties engaged by Employer (each a "Plan Contractor"), provided that: (i) each such third party needs to know such Information in order to provide services to Employer; (ii) the restrictions set forth in subsection c. of this Article 10 shall apply to each such third party as well as to Employer; and (iii) prior to such disclosure, each such third party shall enter into the confidentiality agreement attached hereto which shall be provided to third party by Employer for signature and returned to Anthem for countersignature by Anthem prior to the planned disclosure. e. Upon termination of this Agreement, each Party shall return or destroy the other Party's Information or retain the Information in accordance with its reasonable record retention policies and procedures; provided; however that each Party shall continue to comply with the provisions of this Article 10 for as long as it retains the other Party's Information. f. This Agreement shall not be construed to restrict the use or disclosure of information that: (1) is public knowledge other than as a result of a breach of this Agreement; (2) is independently developed by a Party not in violation of this Agreement; (3) is made available to a Party by any person other than the other Party, provided the source of such information is not subject to any confidentiality obligations with respect to it; or, (4) is required to be disclosed pursuant to law, order, regulation or judicial or administrative process, but only to the extent of such required disclosures and after reasonable notice to the other Party. ARTICLE 11 – DATA REPORTS a. Upon Employer's request and only as permitted by the business associate agreement entered into between the Parties, Anthem will provide Anthem's standard account reporting package. Prior to Anthem providing data or reports to Employer, the Parties must mutually agree to the types, format, content and purpose of the reports requested. If Employer requests from Anthem information that is not part of Anthem's standard account reporting package, and such request is approved by Anthem, Employer agrees to pay a mutually agreed upon charge to Anthem for such additional reports. b. If Employer requests Anthem to provide a data extract or report to any Plan Contractor for use on Employer's behalf and Anthem agrees to do so: (i) to the extent such extract or report includes protected health information ("PHI") as defined in HIPAA, Anthem's disclosure of the PHI and Plan Contractor's subsequent obligations with respect to the protection, use, and disclosure of the PHI will be governed by Employer's applicable business associate agreements with Anthem and the Plan Contractor; and (ii) to the extent such data or report includes Anthem's Proprietary Information and/or Anthem's Confidential Information, Employer acknowledges and agrees that Plan Contractor shall be subject to the requirements set forth in Article 10 of this Agreement. c. Employer agrees not to contact, or to engage or permit a Plan Contractor to contact on Employer's behalf, any health care Provider concerning the information in any reports or data extracts provided by Anthem unless the contact is coordinated by Anthem. d. In addition to their unlimited rights to use Anthem’s Proprietary Information and Confidential Information, Anthem and Anthem Affiliates shall also have the right to use and disclose other Claim-related data collected in the performance of services under this Agreement or any other agreement between the Parties, so long as: (1) PHI is de-identified in a manner consistent with the requirements of HIPAA; or (2) the data is used or disclosed for research, health oversight activities, or other purposes permitted by law; or (3) a Member has consented to the release of his or her PHI. The data used or disclosed shall be used for a variety of lawful purposes including, but not limited to, research, monitoring, benchmarking and analysis of industry and health care trends. Anthem may receive remuneration for PHI only if permitted by HIPAA. ARTICLE 12 – CLAIMS AUDIT a. At Employer's expense, Employer shall have the right to audit Claims on Anthem's premises, during regular business hours and in accordance with Anthem's audit policy, which may be revised from time to time. A copy of the audit policy shall be made available to Employer upon request. b. If Employer elects to utilize a third-party auditor to conduct an audit pursuant to this Agreement and Anthem's audit policy, such auditor must be mutually acceptable to Employer and Anthem. Anthem will only approve auditors that are independent and objective and will not approve auditors paid on a contingency fee or other similar basis. Anthem reserves the right to charge a fee to Employer for expenditure of time by Anthem's employees in completing any audit. An auditor or consultant must execute a confidentiality and indemnification agreement with Anthem pertaining to Anthem's Proprietary and Confidential Information prior to conducting an audit. c. Employer may conduct an audit once each calendar year and the audit may only relate to Claims processed during the current year or immediately preceding calendar year (the "Audit Period") and neither Employer nor anyone acting on Employer's or the Plan's behalf, shall have a right to audit Claims processed prior to the Audit Period. The scope of the audit shall be agreed to in writing by the Parties prior to the commencement of the audit. d. Employer shall provide to Anthem copies of all drafts, interim and/or final audit reports at such time as they are made available by the auditor or consultants to Employer. Any errors identified as the result of the audit shall be subject to Anthem's review and acceptance prior to initiating any recoveries of Paid Claims pursuant to Article 13 of this Agreement. Anthem reserves the right to terminate any audit being performed by or for Employer if Anthem determines that the confidentiality of its information is not properly being maintained or if Anthem determines that Employer or auditor is not following Anthem audit policy. e. An audit performed pursuant to this Agreement shall be the final audit for the Audit Period and for any prior Audit Period unless otherwise agreed to in writing by the Parties; however, Claims may be re-audited if Employer is required to conduct the audit by a government agency with which it has a contractual arrangement. ARTICLE 13 – RECOVERY AND PREPAYMENT ANALYSIS SERVICES a. Pursuant to the provisions of this Article 13(a), Anthem shall conduct recovery activities including review of Paid Claims processed under this Agreement (including during any Claims Runout Period) and audits of Provider and Vendor contracts. The purpose of these services is to determine whether Paid Claims processed under this Agreement have been paid accurately and identify recoveries that can be pursued. Anthem shall not be obligated to retain outside counsel or other third parties if Anthem's recovery efforts are not successful. If Anthem makes a recovery as a result of the services described in this Article 13(a), then Anthem shall receive a fee provided in Schedule A as compensation for its services and Employer will receive the remaining recovery amount. Anthem shall also engage in various Claims prepayment analysis activities. These activities analyze Claims after services are rendered by a Provider or Vendor but prior to Claims payment to determine whether the billing and Claims submission are accurate and are intended to prevent inaccurate payments from being made. If the amount charged to Employer as a Paid Claim is less than the amount that would have been charged to Employer absent the services described in this Article 13(a), then Anthem shall be entitled to receive the fee provided in Schedule A as compensation for its services. This fee shall only be charged where the prepayment analysis activities relate to a specific Claim(s). b. Anthem may become aware of additional recovery opportunities by means other than those described in Article 13(a). Employer grants Anthem the authority and discretion in those instances to do the following: (1) determine and take steps reasonably necessary and cost-effective to pursue the recovery such as filing a proof of claim in a class action settlement, adjusting Claims by offsetting or cross-plan offsetting as described in Article 4, commencing litigation, opting out of or objecting to a proposed settlement, and/or engaging in settlement negotiations; (2) select and retain outside counsel when needed; (3) reduce any recovery obtained on behalf of the Plan by its proportionate share of the outside counsel fees and costs incurred during litigation or settlement activities to obtain such recovery; and (4) implement or effect any settlement of the Employer's and Plan's rights by, among other things, executing a release waiving the Employer's and Plan's rights to take any action inconsistent with the settlement. c. During the term of this Agreement and any applicable Claims Runout Period, Anthem may pursue payments to Members by any other person, insurance company or other entity on account of any action, claim, request, demand, settlement, judgment, liability or expense that is related to a Claim for Covered Services ("Subrogation Services"). Anthem shall charge Employer a fee provided in Schedule A to this Agreement ("Subrogation Fee"). Any subrogation recoveries shall be net of the Subrogation Fee. Subrogation Fees will not be assessed on subrogation recoveries until they are received by Anthem and credited to Employer. d. This provision is intentionally omitted in its entirety. e. In exercising its authority pursuant to this Article 13, Anthem shall determine which recoveries it will pursue or Claims that it will review prior to payment, and in no event will Anthem pursue a recovery if it reasonably believes that the cost of the collection is likely to exceed the recovery amount or if the recovery is prohibited by law or an agreement with a Provider or Vendor. Anthem will not be liable for any amounts it does not successfully recover or prevent from being paid based on Claims prepayment analysis activities. Anthem shall retain any recoveries it obtains as a result of its recovery services or audits if the cost to administer the refund is likely to exceed the amount of the refund. Employer further understands and agrees that Anthem shall have authority to enter into a settlement or compromise on behalf of the Employer and Plan regarding these recovery, subrogation and audit services, including, but not limited to, the right to reduce future reimbursement to Provider or Vendor in lieu of a lump sum settlement. Anthem may have contracts with Network Providers or Vendors or there may be judgments, orders, settlements, applicable laws or regulations that limit, under certain circumstances, Anthem's right to make recoveries or engage in Claims prepayment analysis activities. Anthem may, but is not required to, readjudicate Claims or adjust Members' cost share payments related to the recoveries made from a Provider or a Vendor. Anthem shall credit Employer net recovery amounts after deduction of fees and costs as set forth in this Article 13 not later than 150 days following the receipt of the total recovery amount. If Anthem does not credit Employer within 150 days of its receipt of the total recovery amount, Anthem shall pay Employer interest calculated at the Federal Reserve Funds Rate in effect at the time of the payment. In no event, however, will Anthem be liable to credit Employer for any recovery after the termination date of this Agreement and any Claims Runout Period, and Employer acknowledges and agrees that such sums shall be retained by Anthem as reasonable compensation for recovery services provided by Anthem. ARTICLE 14 – PHARMACY BENEFITS AND SERVICES This Article is intentionally omitted. ARTICLE 15 – INTER-PLAN ARRANGEMENTS This Article is intentionally omitted and replaced by the Inter-Plan Arrangements Schedule. ARTICLE 16 – CLAIMS LITIGATION a. For purposes of Articles 16 and 17 of this Agreement, "Claims Litigation" means a demand asserted or litigation, proceedings, arbitration, or independent dispute resolution commenced, by a Member, Plan beneficiary or Network or non-Network Provider, or any individual or entity working on any of their behalf ("Claimant(s)"), regardless of how pled or how asserted, where the Claimant seeks to recover monetary damages (including but not limited to actual, compensatory, punitive or other damages), equitable relief, declaratory relief, attorneys' fees, costs, expenses, or other relief, in connection with Anthem's alleged failure to properly handle a request for Covered Services or to pay for all or any portion of Covered Services, including any allegations related to the sufficiency of the amount paid for all or any portion of a Covered Service. References to "Employer" in this Article 16 shall mean Employer or Plan or both as appropriate given the context. b. Anthem shall direct the defense of any Claims Litigation brought against Anthem. If Employer (in addition to Anthem) is also a named party in the Claims Litigation, Anthem shall direct the defense of the Claims Litigation and the Employer will cooperate in defending against the Claims Litigation. Employer will direct the defense of the Claims Litigation where Anthem is not a named party. Unless there is a conflict that is not waived, in any of the above scenarios, if Anthem's requests, Anthem and the Employer will enter a common interest and/or joint defense agreement to address the sharing of information and any other matters the Parties deem appropriate. Whether there is such a conflict or not, all other provisions of this Article 16 will continue to apply. Anthem shall provide notice of Claims Litigation to the Employer as soon as practicable; provided, however, that this notice obligation shall not apply to Claims Litigation brought by any Provider or to any Claims Litigation to which Employer is a named party. c. For any Claims Litigation to which Anthem is a named party, Anthem will select and retain counsel for itself and, if Employer is also named, for the representation of Anthem and Employer contemplated by Article 16(b). If, at the outset or during such Claims Litigation, Employer and Anthem have a conflict of interest, the selected counsel shall represent Anthem only. Employer shall waive any conflict for such representation and retain separate counsel for Employer. Subject to Article 16(d), Employer will assume liability for payment of all reasonable attorneys' fees and costs incurred by Anthem and/or Employer in the defense of Claims Litigation. d. If it is determined by the third-party decision maker in the Claims Litigation that Anthem failed to perform its responsibility to review and determine Claims for benefits under the Plan in a manner that is consistent with the standard of care in Article 17 of this Agreement, Anthem will assume liability for payment of its legal fees and costs. e. Anthem is authorized to settle or compromise any Claims Litigation with the approval of Employer, which approval shall not be unreasonably withheld. Notwithstanding the above, settlements of reimbursement disputes brought by Providers do not require the approval of Employer. f. Anthem is not an insurer of benefits under the Plan nor does it underwrite the risk or otherwise assume any risk for the payment of benefits under the Plan. Under all circumstances, Employer shall be liable to pay Plan benefits awarded or paid by settlement, judgment, or otherwise. ARTICLE 17 – INDEMNIFICATION This Article is intentionally omitted. ARTICLE 18 – CHANGES IN BENEFITS BOOKLET AND AGREEMENT a. Either Party reserves the right to propose changes to the provisions described in the Benefits Booklet by giving written notice to the other Party not less than 90 days prior to the start of an Agreement Period and such changes will be made to the Benefits Booklet as mutually agreed to in writing by the Parties. Either Party may also propose changes to the Benefits Booklet at a time other than the start of an Agreement Period and such changes will be made to the Benefits Booklet if mutually agreed to in writing by the Parties. Anthem's incorporation of the requested changes into the Benefits Booklet shall constitute Anthem's acceptance of the Employer's requested changes. If Anthem initiates the proposed changes and does not receive written notice from Employer prior to the effective date of the proposed changes that such changes are unacceptable, the changes shall be deemed approved by Employer and Anthem shall incorporate such changes into the Benefits Booklet. b. If changes to the provisions of the Benefits Booklet are mandated as a result of a change to any applicable state or federal law, Anthem shall have the right to make such changes to the Benefits Booklet to comply with the law and shall provide written notice to Employer at least 30 days prior to the effective date of the change, unless the effective date specified in the law is earlier. c. Anthem also reserves the right to change the Base Administrative Services Fee provided in Section 3(A) of Schedule A at a time other than the start of an Agreement Period upon the occurrence of one or more of the following events: (1) a change to the Plan benefits initiated by Employer that results in a substantial change in the services to be provided by Anthem; (2) a change in ownership as described in Article 3(h) of this Agreement; (3) a change in the total number of Members resulting in either an increase or decrease of 10% or more of the number of Members enrolled for coverage on the date the Base Administrative Services Fee was last modified; (4) a change in Employer contribution as described in Article 3(e) of this Agreement; (5) a change in nature of Employer's business resulting in a change in its designated Standard Industrial Classification ("SIC") code; or (6) a change in applicable law that results in an increase in the cost or amount of administrative services from those currently being provided by Anthem under this Agreement. Anthem shall provide notice to Employer of the change in the Base Administrative Services Fee at least 30 days prior to the effective date of such change. If such change is unacceptable to Employer, either Party shall have the right to terminate this Agreement by giving written notice of termination to the other Party before the effective date of the change. If Employer accepts the proposed Base Administrative Services Fee, Anthem shall provide a revised Schedule A that will then become part of this Agreement without the necessity of securing Employer's signature on the Schedule. d. In the event any action of any department, branch or bureau of the federal, state or local government is initiated or taken ("Action") against a Party to this Agreement and such Action materially and adversely affects that Party's performance of the obligations under this Agreement, the affected Party shall notify the other Party of the nature of the Action and provide copies of pertinent documents supporting the reason(s) for the Action. If a modification to the Agreement is needed as a result of the Action, the Parties shall meet within 30 days of the notice by the affected Party to the other Party and shall, in good faith, attempt to negotiate a modification to this Agreement that minimizes or eliminates the impact of the Action. If the Parties are unable to minimize or eliminate the impact of the Action, then either Party may terminate this Agreement by giving at least 90 days notice of termination. This Agreement may be terminated sooner if agreed to by the Parties or required by the government entity initiating or taking the Action. e. No modification or change in any provision of this Agreement shall be effective unless and until approved in writing by an authorized representative of Anthem and evidenced by an amendment or new Schedule attached to this Agreement. If Anthem proposes such a modification or change, Anthem shall provide written notice to Employer at least thirty (30) days prior to the effective date of such change. The modification or change will be deemed accepted by Employer unless Anthem receives written notice from Employer prior to the effective date that such change is unacceptable. If Employer does not accept the proposed change, the Parties will meet and confer to reach agreement prior to implementation of such change. ARTICLE 19 – TERMINATION AND/OR SUSPENSION OF PERFORMANCE a. Notwithstanding any other provision of this Article, this Agreement automatically terminates, without further notice or action, if Employer fails to pay or fund any amount due under this Agreement within 7 days of the date of Anthem's notice to the Employer of a delinquent amount owed. Such termination shall be effective as of the last period for which full payment was made. In addition, this Agreement automatically terminates, without further notice or action, at the end of each Agreement Period unless Anthem offers to renew this Agreement and Employer accepts such offer of renewal pursuant to Article 6 of this Agreement. Upon termination of this Agreement, Employer shall remain liable for all payments due to Anthem under the terms of this Agreement. Notwithstanding the above, Anthem has the right to suspend performance of its obligations under this Agreement if full payment is not made by the Invoice Due Date. Anthem shall have no obligation to pay any Claims under the Agreement until all required payments have been paid in full. b. If either Party fails to comply with any material duties and obligations under this Agreement other than payment of amounts due under this Agreement, the other Party shall have the right to: (1) terminate this Agreement by giving the non-compliant Party at least 60 days prior written notice of termination; or (2) upon written notice to the other Party, suspend performance of its obligations under this Agreement. Employer acknowledges and agrees that in the event it is the non-compliant Party, Anthem shall have no liability to any Member. Either Party, at its option, may allow the non-compliant Party to cure a breach of this Agreement and, upon acceptance in writing by that Party that a breach is cured, this Agreement may be reinstated retroactive to the date of the breach or suspension of performance. Notwithstanding any other provision of this Agreement, a Party may seek injunctive or other equitable relief from a court of competent jurisdiction should there be any unauthorized use or disclosure of Proprietary Information or Confidential Information by the other Party. c. If there shall occur any change in the condition (financial or otherwise) of Employer or an Employer Affiliate that, in the reasonable opinion of Anthem, has a material adverse effect upon the validity, performance, or enforceability of this Agreement, on the financial condition or business operation of Employer (or Employer Affiliate), or on the ability of Employer to fulfill its obligations under this Agreement, then Anthem shall have the right to require Employer to provide adequate assurance of future performance, which may include a payment of a cash deposit, letter of credit, or other method of assurance acceptable to Anthem. Examples of such a change could include, but would not be limited to the actual, or Anthem's reasonable anticipation of: (1) any voluntary or involuntary case or proceedings under bankruptcy law with respect to Employer or an Employer Affiliate; (2) any receivership, liquidation, dissolution, reorganization or other similar case or proceeding with respect to Employer or an Employer Affiliate; (3) any appointment of a receiver, trustee, custodian, assignee, conservator or similar entity or official for Employer or an Employer Affiliate; or (4) any assignment for the benefit of creditors or sale of all or substantially all of Employer's assets or a key Employer Affiliate's assets. Any deposit amount shall be paid to Anthem within 30 days of the request or in such shorter time as agreed to by the Parties. The deposit amount shall not be paid with Plan assets, shall not be funded in any part by Member contributions, and shall not be paid from any segregated fund or from funds in which the Plan or any Member has a beneficial interest. The deposit amount shall be the property of Anthem, may be held in Anthem's general account, may be subject to satisfy the claims of Anthem's general creditors, and does not govern or limit the benefits available under the terms of the Plan. At the termination of this Agreement and designated Claims Runout Period, if any, the deposit amount, net of any outstanding fees or Claims amounts payable to Anthem, shall be returned to Employer. Any deposit amount returned to Employer under this Article 19(c) shall not include interest. Neither Employer, the Plan, nor any Member shall have any beneficial or legal ownership interest in any deposit amount paid pursuant to this Section. If such further assurance is required by Anthem, Anthem may, at any time after the date of notice to Employer of such requirement, suspend performance of its obligations under this Agreement until the date of receipt by Anthem of such adequate assurance without being liable to the Employer, the Plan or any Member for such suspension. If such adequate assurance is not received within 30 days of the request, Anthem may terminate this Agreement. d. Subject to the provisions of Article 7 of this Agreement, if this Agreement terminates and Anthem makes payment of any Claim that would otherwise have been payable under the terms of this Agreement after the termination date, Employer shall be liable to reimburse Anthem for such Claim to the extent that the amounts have not already been paid by Employer. Employer also agrees to cooperate fully with Anthem in the coordination of pharmacy Claims with any successor pharmacy benefit manager. e. Employer may terminate this Agreement at any time other than at the end of an Agreement Period by giving Anthem 90 days written notice of its intent to terminate. f. In connection with the termination of this Agreement and upon Employer's request, Anthem shall provide reports that are part of Anthem's standard account reporting package at no extra charge. In no event shall Anthem be obligated to produce more than two sets of reports following the termination date of this Agreement. However Anthem shall have no obligation to provide the reports after the termination date of this Agreement if such termination is due to non-payment pursuant to Article 19(a) of this Agreement. In addition, Anthem shall also provide data extract files upon Employer's request for an additional fee mutually agreed to by the Parties. ARTICLE 20 – LIMITATION ON ACTIONS AND GOVERNING LAW a. No action by either Party alleging a breach of this Agreement may be commenced after the expiration of 3 years from the date on which the claim arose. b. Except to the extent preempted by ERISA or any other applicable provisions of federal law, this Agreement shall be governed by, and shall be construed in accordance with the laws of Georgia but without giving effect to that state's rules governing conflict of laws. ARTICLE 21 – NO WAIVER No failure or delay by either Party to exercise any right or to enforce any obligation herein, and, no course of dealing between Employer and Anthem, shall operate as a waiver of such right or obligation or be construed as or constitute a waiver of the right to enforce or insist upon compliance with such right or obligation in the future. Any single or partial exercise of any right or failure to enforce any obligation shall not preclude any other or further exercise, or the right to exercise any other right or enforce any other obligation. ARTICLE 22 – ASSIGNMENT AND SUBCONTRACTING a. Unless it has first obtained the written consent of an officer of the other Party, neither Party may assign this Agreement to any other person. Notwithstanding the foregoing, Anthem may, with advance written notice to Employer, assign or otherwise transfer its rights and obligations hereunder, in whole or in part, to: (i) any affiliate of Anthem; or (ii) any entity surviving a transaction involving the merger, acquisition, consolidation, or reorganization of Anthem, or in which all or substantially all of Anthem's assets are sold. Additionally, Employer may, with advance written notice to Anthem, assign, delegate, or otherwise transfer its rights and obligations hereunder, in whole, to (i) any affiliate of Employer; or (ii) any entity surviving a transaction involving the merger, acquisition, consolidation or reorganization of Employer, or in which all or substantially all of Employer's assets are sold, provided that such affiliate or other assignee presents, in Anthem's opinion, an equivalent or better financial status and credit risk. Either Party is required to provide advance written notice under this provision only to the extent permissible under applicable law and the reasonable terms of the agreement(s) governing such merger, acquisition, consolidation, reorganization, or asset sale. If advance written notice is not allowed, notice shall be provided as soon as practicable. Upon receipt of notice of an assignment of this Agreement, the other Party may terminate this Agreement by providing the assigning Party with 30 days advance written notice of termination. Any assignee of rights or benefits under this Agreement shall be subject to all of the terms and provisions of this Agreement. b. Either Party may subcontract any of its duties under this Agreement without the prior written consent of other Party; however, the Party subcontracting the services shall remain responsible for fulfilling its obligations under this Agreement. ARTICLE 23 – NOTICES a. Any notice or demand pursuant to Articles 19 and 22 of this Agreement shall be deemed sufficient when made in writing as follows: to Employer, by first class mail, personal delivery, or electronic mail or overnight delivery with confirmation capability, to its principal office shown upon the records of Anthem; to Anthem, by first class mail, personal delivery, electronic mail or overnight delivery with confirmation capability, to the designated Anthem sales representative. b. A notice or demand shall be deemed to have been given as of the date of deposit in the United States mail with postage prepaid or, in the case of delivery other than by mail, on the date of actual delivery at the appropriate address. c. Employer shall be obligated to provide all notices to Members as may be necessary to effectuate any change in or termination of the Agreement. ARTICLE 24 – ADMINISTRATION a. Employer, on behalf of itself and its Members, hereby expressly acknowledges its understanding that this Agreement constitutes a contract solely between Employer and Anthem, that Anthem is an independent corporation operating under a license with BCBSA permitting Anthem to use the Blue Cross and Blue Shield Service Marks in Georgia and that Anthem is not contracting as the agent of BCBSA. Employer further acknowledges and agrees that it has not entered into this Agreement based upon representations by any person other than Anthem and that no person, entity, or organization other than Anthem shall be held accountable or liable to it for any of Anthem's obligations to Employer created under this Agreement. This paragraph shall not create any additional obligations whatsoever on the part of Anthem other than those obligations created under other provisions of this Agreement. b. Anthem is providing administrative services only with respect to the portion of the Plan described in the Benefits Booklet. Anthem has only the authority granted it pursuant to this Agreement. Anthem is not the insurer or underwriter of any portion of the Plan. Anthem has no responsibility or liability for funding benefits provided by the Plan, notwithstanding any advances that might be made by Anthem. Employer retains the ultimate responsibility and liability for all benefits and expenses incident to the Plan, including but not limited to, any applicable taxes that might be imposed relating to the Plan. c. The Parties acknowledge that the portion of the Plan described in the Benefits Booklet is a self-funded plan and is not subject to state insurance laws or regulations. d. Employer shall ensure that sufficient amounts are available to cover Claims payments, the monthly Administrative Services Fees, and other fees or charges. ARTICLE 25 – ENTIRE AGREEMENT a. The following documents will constitute the entire Agreement between the Parties: this Agreement, including any amendments and Schedules thereto, and the Benefits Booklet. b. This Agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. c. This Agreement supersedes any and all prior agreements between the Parties, whether written or oral, and other documents, if any, addressing the subject matter contained in this Agreement. d. If any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect under applicable law, order, judgment or settlement, such provision shall be excluded from the Agreement and the balance of this Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms. ARTICLE 26 – THIS ARTICLE IS INTENTIONALLY OMITTED ARTICLE 27 – MISCELLANEOUS a. Employer and Anthem are separate legal entities. Anthem is strictly an independent contractor. Nothing contained in this Agreement shall cause either Party to be deemed a partner, member, agent or representative of the other Party, nor shall either Party have the expressed or implied right or authority to assume or create any obligation on behalf of or in the name of the other Party through its actions, omissions or representations. b. Except as may be explicitly set forth in this Agreement, nothing herein shall be construed as an implied license by a Party to use the other Party's name, trademarks, domain names, or other intellectual property. Neither Party shall use the name, trademarks, domain names, or any other name or mark of the other Party in any press release, printed form, advertising or promotional materials or otherwise, without the prior written consent of the other Party. In addition, Employer has no license to use the Blue Cross and/or Blue Shield trademarks or derivative marks (the "Brands") and nothing in the Agreement shall be deemed to grant a license to Employer to use the Brands. Any references to the Brands made by Employer in its own materials are subject to prior review and approval by Anthem. c. Nothing contained herein shall cause either Party to be deemed an agent for service of legal process for the other Party. d. Anthem or an Anthem Affiliate may enter into business arrangements with certain Network Providers and Anthem may have financial interest in such Network Providers through direct ownership, partnership, joint venture or other arrangements. The business arrangements may provide practice management or other services to Network Providers that are designed to promote a more effective and cost-efficient health care delivery system that emphasizes continuous improvement and increased patient access to high quality, cost-effective health care. Because of its ownership or financial interests in Network Providers, Anthem may share in the Network Provider's profits or other revenue. Any revenue received by Anthem in connection with these business arrangements shall be retained by Anthem. e. The Parties acknowledge that Anthem, in making decisions regarding the scope of coverage of services under the Benefits Booklet, is not engaged in the practice of medicine. Providers are not restricted in exercising their independent medical judgment by contract or otherwise and do not act on behalf of, or as agents for, Anthem or the Plan. f. In addition to any other provision providing for survival upon termination of this Agreement, the Parties' rights and obligations under Articles 10, 11, 12, 13, 16, 17, 19, 24, 25(a) and 25(c) shall survive the termination of this Agreement for any reason. g. Each Party shall comply with all laws and regulations applicable to their respective duties and obligations assumed under this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by affixing the signatures of duly authorized officers. Augusta-Richmond County BOC Blue Cross Blue Shield Healthcare Plan of Georgia, Inc. dba Anthem Blue Cross and Blue Shield By: {{esl:ClientSigner1:signature:size(200,50)}} Title: Date: {{esl:ClientSigner1:SigningDate:size(200,50)}} By: {{esl:AnthemSigner:capture:size(200,50)}} Title: Date: {{esl:AnthemSigner:SigningDate:size(200,50)}} INTER-PLAN ARRANGEMENTS SCHEDULE TO ADMINISTRATIVE SERVICES AGREEMENT AUGUSTA-RICHMOND COUNTY BOC This Inter-Plan Arrangement Schedule supplements and amends the Administrative Services Agreement and is effective as of January 1, 2022. In the event of an inconsistency between the applicable provisions of this Schedule, any other Schedule and/or the Agreement, the terms of this Schedule shall govern, but only as they relate to the Inter- Plan Arrangements. Except as set forth herein, all other terms and conditions of the Agreement remain in full force and effect. Out-of-Area Services Overview Anthem has a variety of relationships with other Blue Cross and/or Blue Shield Licensees referred to generally as “Inter- Plan Arrangements”. These Inter-Plan Arrangements operate under rules and procedures issued by BCBSA. Whenever Members access healthcare services outside the geographic area Anthem serves (the “Anthem Service Area”), the Claim for those services may be processed through one of these Inter-Plan Arrangements. The Inter-Plan Arrangements are described generally below. Typically, when accessing care outside the Anthem Service Area, Members obtain care from healthcare Providers that have a contractual agreement (“Participating Providers”) with the local Blue Cross and/or Blue Shield Licensee in that other geographic area (“Host Blue”). In some instances, Members may obtain care from healthcare Providers in the Host Blue geographic area that do not have a contractual agreement (“Non-Participating Providers”) with the Host Blue. Anthem remains responsible for fulfilling its contractual obligations to Employer. Anthem’s payment practices in both instances are described below. This disclosure describes how Claims are administered for Inter-Plan Arrangements and the fees that are charged in connection with Inter-Plan Arrangements. Note that dental care, Prescription Drug or vision benefits may not be processed through Inter-Plan Arrangements. If the Plan covers only limited healthcare services received outside of Anthem’s Service Area, services other than those listed as Covered Services (e.g., emergency services) in the Plan will not be covered when processed through any Inter- Plan Arrangements, unless authorized by Anthem. Providers providing such non-Covered Services will be considered Non-Participating Providers. A. BlueCard® Program The BlueCard® Program is an Inter-Plan Arrangement. Under this Arrangement, when Members access Covered Services outside the Anthem Service Area, the Host Blue will be responsible for contracting and handling all interactions with its Participating Providers. The financial terms of the BlueCard Program are described generally below. 1. Liability Calculation Method Per Claim a. Member Liability Calculation Unless subject to a fixed dollar copayment, the calculation of the Member liability on Claims for Covered Services will be based on the lower of the Participating Provider's Billed Charges or the negotiated price made available to Anthem by the Host Blue. b. Employer Liability Calculation The calculation of Employer liability on Claims for Covered Services will be based on the negotiated price made available to Anthem by the Host Blue. Sometimes, this negotiated price may be greater for a given service or services than the Billed Charges in accordance with how the Host Blue has negotiated with its Participating Provider(s) for specific healthcare services. In cases where the negotiated price exceeds the Billed Charges, Employer may be liable for the excess amount even when the Member’s deductible has not been satisfied. This excess amount reflects an amount that may be necessary to secure (a) the Provider’s participation in the network and/or (b) the overall discount negotiated by the Host Blue. In such a case, the entire contracted price is paid to the Participating Provider, even when the contracted price is greater than the Billed Charges. 2. Claims Pricing Host Blues determine a negotiated price, which is reflected in the terms of each Host Blue’s Participating Provider contracts. The negotiated price made available to Anthem by the Host Blue may be represented by one of the following: (i) An actual price. An actual price is a negotiated rate of payment in effect at the time a Claim is processed without any other increases or decreases; or (ii) An estimated price. An estimated price is a negotiated rate of payment in effect at the time a Claim is processed, reduced or increased by a percentage to take into account certain payments negotiated with the Provider and other Claim- and non-Claim-related transactions. Such transactions may include, but are not limited to, anti-fraud and abuse recoveries, Provider refunds not applied on a Claim-specific basis, retrospective settlements and performance-related bonuses or incentives; or (iii) An average price. An average price is a percentage of Billed Charges in effect at the time a Claim is processed representing the aggregate payments negotiated by the Host Blue with all of its Participating Providers or a similar classification of its Participating Providers and other Claim- and non-Claim-related transactions. Such transactions may include the same ones as noted above for an estimated price. The Host Blue determines whether it will use an actual, estimated or average price. The use of estimated or average pricing may result in a difference (positive or negative) between the price Employer pays on a specific Claim and the actual amount the Host Blue pays to the Participating Provider. However, the BlueCard Program requires that the amount paid be a final price; no future price adjustment will result in increases or decreases to the pricing of past Claims. Any positive or negative differences in estimated or average pricing are accounted for through variance accounts maintained by the Host Blue and are incorporated into future Claim prices. As a result, the amounts charged to Employer will be adjusted in a following year, as necessary, to account for over- or under-estimation of the past years’ prices. The Host Blue will not receive compensation from how the estimated price or average price methods, described above, are calculated. Because all amounts paid are final, neither positive variance account amounts (funds available to be paid in the following year), nor negative variance amounts (the funds needed to be received in the following year), are due to or from Employer. Upon termination, Employer will not receive a refund or charge from the variance account. Variance account balances are small amounts relative to the overall paid Claims amounts and will be liquidated over time. The timeframe for their liquidation depends on variables, including, but not limited to, overall volume/number of Claims processed and variance account balance. Variance account balances may earn interest at the federal funds or similar rate. Host Blues may retain interest earned on funds held in variance accounts. B. Negotiated Arrangements With respect to one or more Host Plans, instead of using the BlueCard Program, Anthem may process Claims for Covered Services through negotiated arrangements. A negotiated arrangement is an agreement negotiated between Anthem and one or more Host Blues for any Employer that is not delivered through the BlueCard Program ("Negotiated Arrangement"). In addition, if Anthem and Employer agree that (a) Host Blue(s) shall make available (a) custom healthcare Provider network(s) in connection with this Agreement, then the terms and conditions set forth in Anthem's Negotiated Arrangement(s) with such Host Blue(s) shall apply. These include the provisions governing the processing and payment of Claims when Members access such network(s). In negotiating such arrangement(s), Anthem is not acting on behalf of or as an agent for Employer, the Plan or Members. Member Liability Calculation If Anthem has entered into a Negotiated Arrangement with a Host Blue, the calculation of Member cost-sharing will be based on the lower of either Billed Charges or negotiated price (refer to the description of negotiated price under Section A, BlueCard Program) that the Host Blue makes available to Anthem and that allows Members access to negotiated participation agreement networks of specified Participating Providers outside of Anthem's service area. C. Special Cases: Value-Based Programs Definitions 1. Accountable Care Organization (ACO): A group of Providers who agree to deliver coordinated care and meet performance benchmarks for quality and affordability in order to manage the total cost of care for their member populations. 2. Care Coordination: Organized, information-driven patient care activities intended to facilitate the appropriate responses to a Member’s healthcare needs across the continuum of care. 3. Care Coordinator: An individual within a Provider organization who facilitates Care Coordination for patients. 4. Care Coordinator Fee: A fixed amount paid by a Host Plan to Providers periodically for Care Coordination under a Value-Based Program. 5. Global Payment/Total Cost of Care: A payment methodology that is defined at the patient level and accounts for either all patient care or for a specific group of services delivered to the patient, such as outpatient, physician, ancillary, hospital services, and prescription drugs. 6. Patient-Centered Medical Home (PCMH): A model of care in which each patient has an ongoing relationship with a primary care physician who coordinates a team to take collective responsibility for patient care and, when appropriate, arranges for care with other qualified physicians. 7. Provider Incentive: An additional amount of compensation paid to a Provider by a Host Blue, based on the Provider’s compliance with agreed-upon procedural and/or outcome measures for a particular population of covered persons. 8. Shared Savings: A payment mechanism in which the Provider and the payer share cost savings achieved against a target cost budget based on agreed upon terms and may include downside risk. 9. Value-Based Program (VBP): An outcomes-based payment arrangement and/or a coordinated care model facilitated with one or more local Providers that is evaluated against cost and quality metrics/factors and is reflected in Provider payment. Value-Based Programs Overview Members may access Covered Services from Providers that participate in a Host Blue’s Value-Based Program. Value- Based Programs may be delivered either through the BlueCard Program or a Negotiated Arrangement. These Value- Based Programs may include, but are not limited to, Accountable Care Organizations, Global Payment/Total Cost of Care arrangements, Patient Centered Medical Homes and Shared Savings arrangements. Value-Based Programs under the BlueCard Program Value-Based Programs Administration Under Value-Based Programs, a Host Blue may pay Providers for reaching agreed-upon cost/quality goals in the following ways: retrospective settlements, Provider Incentives, a share of target savings, Care Coordinator Fees and/or other allowed amounts. The Host Blue may pass these Provider payments to Anthem, which Anthem will pass directly on to Employer as either an amount included in the price of the Claim or an amount charged separately in addition to the Claim. When such amounts are included in the price of the Claim, the Claim may be billed using one of the following pricing methods, as determined by the Host Blue: (i) Actual Pricing: The charge to accounts for Value-Based Programs incentives/Shared Savings settlements is part of the Claim. These charges are passed to Employer via an enhanced Provider fee schedule. (ii) Supplemental Factor: The charge to accounts for Value-Based Programs incentives/Shared Savings settlements is a supplemental amount that is included in the Claim as an amount based on a specified supplemental factor (e.g., a small percentage increase in the Claim amount). The supplemental factor may be adjusted from time to time. This pricing method may be used only for non-attributed Value-Based Programs. When such amounts are billed separately from the price of the Claim, they may be billed using a Per Member Per Month billing for Value-Based Programs incentives/Shared Savings settlements to accounts outside of the Claim system. Anthem will pass these Host Blue charges directly through to Employer as a separately identified amount on the Employer billings. The amounts used to calculate either the supplemental factors for estimated pricing or PMPM billings are fixed amounts that are estimated to be necessary to finance the cost of a particular Value-Based Program. Because amounts are estimates, there may be positive or negative differences based on actual experience, and such differences will be accounted for in a variance account maintained by the Host Blue (in the same manner as described in the BlueCard Claim pricing section above) until the end of the applicable Value-Based Program payment and/or reconciliation measurement period. The amounts needed to fund a Value-Based Program may be changed before the end of the measurement period if it is determined that amounts being collected are projected to exceed the amount necessary to fund the program or if they are projected to be insufficient to fund the program. At the end of the Value-Based Program payment and/or reconciliation measurement period for these arrangements, Host Blues will take one of the following actions: • Use any surplus in funds in the variance account to fund Value-Based Program payments or reconciliation amounts in the next measurement period. • Address any deficit in funds in the variance account through an adjustment to the PMPM billing amount or the reconciliation billing amount for the next measurement period. The Host Blue will not receive compensation resulting from how estimated, average or PMPM price methods, described above, are calculated. If the Agreement terminates, Employer will not receive a refund or charge from the variance account. This is because any resulting surpluses or deficits would be eventually exhausted through prospective adjustment to the settlement billings in the case of Value-Based Programs. The measurement period for determining these surpluses or deficits may differ from the term of this Agreement. Variance account balances are small amounts relative to the overall paid Claims amounts and will be liquidated over time. The timeframe for their liquidation depends on variables, including, but not limited to, overall volume/number of Claims processed and variance account balance. Variance account balances may earn interest, and interest is earned at the federal funds or similar rate. Host Blues may retain interest earned on funds held in variance accounts. Note: Members will not bear any portion of the cost of Value-Based Programs except when a Host Blue uses either average pricing or actual pricing to pay Providers under Value-Based Programs. Care Coordinator Fees Host Blues may also bill Anthem for Care Coordinator Fees for Provider services which Anthem will pass on to Employer as follows: 1. PMPM billings; or 2. Individual Claim billings through applicable care coordination codes from the most current editions of either Current Procedural Terminology (CPT) published by the American Medical Association (AMA) or Healthcare Common Procedure Coding System (HCPCS) published by the U.S. Centers for Medicare and Medicaid Services (CMS). Anthem and Employer will not impose Member cost-sharing for Care Coordinator Fees. Value-Based Programs under Negotiated Arrangements If Anthem has entered into a Negotiated Arrangement with a Host Blue to provide Value-Based Programs to Members, Anthem will follow the same procedures for Value-Based Programs administration and Care Coordination Fees as noted above. D. Non-Participating Providers Outside Anthem’s Service Area 1. Allowed Amounts and Member Liability Calculation Unless otherwise described in the Plan, when Covered Services are provided outside of Anthem's Service Area by Non-Participating Providers, Anthem may determine benefits and make payment based on pricing from either the Host Blue or the pricing arrangements required by applicable state or federal law. In these situations, the amount the Member pays for such services as deductible, copayment or coinsurance will be based on that allowed amount. Also, the Member may be responsible for the difference between the amount that the Non-Participating Provider bills and the payment Anthem will make for the covered services as set forth in this paragraph. 2. Exceptions In certain situations, which may occur at Employer's direction, Anthem may use other pricing methods, such as Billed Charges, the pricing Anthem would use if the healthcare services had been obtained within Anthem's Service Area, or a special negotiated price to determine the amount Anthem will pay for services provided by Non-Participating Providers. In these situations, the Member may be liable for the difference between the amount that the Non- Participating Provider bills and the payment Anthem makes for the Covered Services as set forth in this paragraph. E. Blue Cross Blue Shield Global Core® General Information If Members are outside the United States (hereinafter, "BlueCard Service Area"), they may be able to take advantage of Blue Cross Blue Shield Global Core® when accessing Covered Services. The Blue Cross Blue Shield Global Core is not served by a Host Blue. As such, when Members receive care from Providers outside the BlueCard Service Area, Members will typically have to pay the Providers and submit the Claims themselves to obtain reimbursement for these services. Inpatient Services In most cases, if Members contact the Blue Cross Blue Shield Global Core Service Center for assistance, hospitals will not require Members to pay for covered inpatient services, except for their cost-share amounts. In such cases, the hospital will submit Member Claims to the Blue Cross Blue Shield Global Core Service Center to initiate Claims processing. However, if the Member paid in full at the time of service, the Member must submit a Claim to obtain reimbursement for Covered Services. Members must contact Anthem to obtain precertification for non-emergency inpatient services. Outpatient Services Physicians, urgent care centers and other outpatient Providers located outside the BlueCard Service Area will typically require Members to pay in full at the time of service. Members must submit a Claim to obtain reimbursement for Covered Services. F. Recoveries Host Blues may conduct: (i) prepayment review activities including, but not limited to, data mining, itemized bill reviews, secondary claim code editing, and DRG audits and (ii) recoveries of overpayments including, but not limited to, anti- fraud and abuse reviews, audits/healthcare Provider/hospital bill audits, credit balance audits, and utilization review refunds (collectively, for (i) and (ii), “Recoveries”). Recoveries will be applied, in general, on either a Claim-by-Claim or prospective basis. If Recoveries are passed on a Claim-by-Claim basis from a Host Blue to Anthem, they will be credited to Employer. In some cases, the Host Blue will engage a third party to assist in identification related to Recoveries, including collection of overpayments. Employer may be charged a fee for Recoveries as described in Schedule A. Unless otherwise agreed to by the Host Blue, for retroactive cancellations of membership, Anthem will request the Host Blue to provide full refunds from Participating Providers for a period of only one year after the date of the Inter-Plan financial settlement process for the original Claim. In some cases, recovery of Claim payments associated with a retroactive cancellation may not be possible if, as an example, the recovery (a) conflicts with the Host Blue’s state law or healthcare Provider contracts, (b) would result from Shared Savings and/or Provider Incentive arrangements, and Care Coordination Fees or (c) would jeopardize the Host Blue’s relationship with its Participating Providers, notwithstanding to the contrary any other provision of this Agreement. G. Modifications or Changes to Inter-Plan Arrangement Fees or Compensation Modifications or changes to Inter-Plan Arrangement fees or compensation are generally made effective January 1 of the calendar year, but they may occur at any time during the year. In the case of any such modifications or changes resulting in an increase in fees paid by Employer, Anthem shall provide Employer with at least thirty (30) days’ advance written notice of any modification or change to such Inter-Plan Arrangement fees or compensation describing the change and the effective date thereof and Employer right to terminate this Agreement without penalty by giving written notice of termination before the effective date of the change. If Employer fails to respond to the notice and does not terminate this Agreement during the notice period, Employer will be deemed to have approved the proposed changes, and Anthem will then allow such modifications to become part of this Agreement. H. Fees and Compensation Employer understands and agrees to reimburse Anthem for certain fees and compensation which Anthem is obligated under the applicable Inter-Plan Arrangements described in this Schedule to pay to the Host Blues, to BCBSA and/or to vendors of Inter-Plan Arrangement related services. The specific Inter-Plan Arrangement fees and compensation, including any administrative and/or network access fee that a Host Blue may charge under the BlueCard Program, a Negotiated Arrangement, and Blue Cross Blue Shield Global Core are charged to Employer are set forth in Section 7 of Schedule A to the Agreement. The various Inter-Plan Program Fees and compensation may be revised from time to time as described in section G. A description of the various Claim processing fees that may be listed on Schedule A is as follows: Access Fee: The Access Fee is charged by the Host Blue to Anthem for making its applicable Provider network available to Members. The Access Fee will not apply to Non-Participating Provider Claims. The Access Fee is charged on a per Claim basis and is charged as a percentage of the discount/differential Anthem receives from the applicable Host Blue subject to a maximum of $2,000 per Claim. When charged, Anthem passes the Access Fee directly on to Employer. Instances may occur in which the Claim payment is zero or Anthem pays only a small amount because the amounts eligible for payment were applied to patient cost sharing (such as a deductible or coinsurance). In these instances, Anthem will pay the Host Blue's Access Fee and pass it along directly to Employer as stated above even though Employer paid little or had no Claim liability. Administrative Expense Allowance (AEA) Fee: The AEA Fee is a fixed per Claim dollar amount charged by the Host Blue to Anthem for administrative services the Host Blue provides in processing Claims for Employer's Members. The dollar amount is normally based on the type of Claim (e.g. institutional, professional, international, etc.) and can also be based on the size of group enrollment. When charged, Anthem passes the AEA Fee directly on to Employer. Per Subscriber Per Month (PSPM) Fee: The PSPM Fee is a financial arrangement negotiated between the Host Blue and Anthem and replaces all other fees, including the Access Fee and AEA Fee. The PSPM dollar amount is charged on a per Subscriber per month basis by the Host Blue to Anthem for administrative services the Host Blue provides in processing Claims for Employer's Members. The dollar amount can also be based on the size of group enrollment. When charged, Anthem passes the PSPM Fee directly on to Employer. Non-Standard AEA Fee: The Non-Standard AEA Fee is a financial arrangement negotiated between the Host Blue and Anthem and replaces all other fees, including the Access Fee and AEA Fee. The Non-Standard AEA is a fixed per Claim dollar amount charged by the Host Blue to Anthem for administrative services the Host Blue provides in processing Claims for Employer's Members. When charged, Anthem passes the Non-Standard AEA Fee directly on to Employer. Central Financial Agency (CFA) Fee: The CFA Fee is a fixed dollar amount per payment notice and is paid by Anthem to the BCBSA. This fee applies each time Anthem receives an electronic payment notice from the CFA indicating that a Host Blue incurred Claim-related liability on Anthem's behalf and requesting that Anthem either approve or deny payment. When charged, Anthem passes the CFA Fee directly on to Employer. The CFA Fee supports ongoing operations of BCBSA programs and services, including but not limited to Blue Cross Blue Shield AXIS® Data Services, network solutions, and BlueCard Program-related applications. Inter-Plan Teleprocessing System (ITS) Transaction Fee: The ITS delivery platform allows all Blue Cross and/or Blue Shield Licensees to connect with each other through a standardized system to facilitate the operation of Inter-Plan Arrangements. The ITS Transaction Fee applies each time a Claims transaction interchange occurs between Anthem and a Host Blue. When a Host Blue receives a Claim, it applies Provider pricing information, sets forth its discount and related savings and sends this information to Anthem electronically. Anthem then adjudicates the Claim, computes the approved Provider payment amount, calculates the AEA Fee and Access Fee, computes net liability and sends a response electronically to the Host Blue. The Host Blue then pays the Provider and issues an electronic payment notice to Anthem via the CFA. The ITS Transaction Fee is five cents per interchange and is paid to the BCBSA. For each Claim, there are a minimum of three interchanges, but there could be more depending on the complexity of the Claim. When charged, Anthem passes the ITS Transaction Fee directly on to Employer. Blue Cross Blue Shield Healthcare Plan of Georgia, Inc. dba Anthem Blue Cross and Blue Shield By: {{esl:AnthemSigner:capture:size(200,50)}} Title: Date: {{esl:AnthemSigner:SigningDate:size(200,50)}} SCHEDULE A TO ADMINISTRATIVE SERVICES AGREEMENT WITH Augusta-Richmond County BOC This Schedule A shall govern the Agreement Period from January 1, 2023 through December 31, 2023. For purposes of this Agreement Period, this Schedule shall supplement and amend the Agreement between the Parties. If there are any inconsistencies between the terms of the Agreement including any prior Schedules, and this Schedule A, the terms of this Schedule A shall control. Section 1. Effective Date and Renewal Notice This Agreement Period shall be from 12:01 a.m. January 1, 2023 to the end of the day of December 31, 2023. Paid Claims shall be processed pursuant to the terms of this Agreement when incurred and paid as follows: Incurred from 01/01/2023 through 12/31/2023 and Paid from 01/01/20223through 12/31/2023. Anthem shall provide any offer to renew this Agreement at least 60 days prior to the end of an Agreement Period. Section 2. Broker or Consultant Base Compensation Medical Broker or Consultant Fee is $0 per Subscriber per month. Upon receipt of payment from Employer, Anthem shall remit payment to the broker or consultant designated by Employer. Stop Loss Broker or Consultant Fee is 0% of the premium paid under the Stop Loss Policy. Upon receipt of payment from Employer, Anthem shall remit payment to the broker or consultant designated by Employer. Section 3. Administrative Services Fees Change to Administrative Services Fees. In addition to the provisions in Article 18(c), Anthem reserves the right to change the Administrative Services Fees provided in this Section 3 of Schedule A during the Agreement Period based upon the occurrence of any of the following events: • Employer's Member to Subscriber ratio is not within +/-10% of 1.80; • Anthem is not the sole third party administrator for medical and pharmacy benefits under Employer's Plan; • Employer's enrollment is not within +/-10% of 540 Subscribers; • Employer moves any of the Plan Benefits administered under this Agreement to another third party administrator or public or private exchanges; • A change in law or regulation that materially impacts underwriting assumptions made at the time of the offer or renewal. If Employer terminates the Pharmacy Services Schedule with PBM at any time, then Anthem shall have the right to amend the Administrative Services Fees indicated in Section 3 of Schedule A of this Agreement. A. Base Administrative Services Fee POS Total Administrative Services Fee for 2023: $37.93 per Subscriber per month Article 3(a) Retroactivity. Notwithstanding anything to the contrary in the Agreement, Anthem reserves the right to limit the effective date of retroactive enrollment to a date not earlier than 60 days prior to the date the notice is received and Anthem reserves the right to limit retroactive terminations to a maximum of 60 days prior to the date the notice is received. Anthem reserves the right to not process Claims for retroactive additions beyond 60 days and to not pursue recovery of Claims for retroactive terminations beyond 60 days. Additionally, Anthem is not required to initiate recovery services if the Provider agreement or any law or regulation precludes recovery. Anthem shall credit per Subscriber per month and per Member per month Administrative Services Fees for each retroactive deletion up to a maximum of 60 days and shall charge Administrative Services Fees for each retroactive addition up to a maximum of 60 days. B. Health and Wellness Program Fees Enhanced Wellbeing Solutions Foundational Program Package and Sydney Preferred Included in the Administrative Services Fee C. Other Fees or Credits Fee for Subrogation Services. The charge to Employer is 25% of gross subrogation recovery. Fee for Overpayment Identification, Prevention, and Claims Prepayment Analysis Activities. The charge to Employer is 25% of (i) the amount recovered from review of Claims and membership data and audits of Provider and vendor activity to identify overpayments and (ii) the difference between the amount Employer would have been charged absent prevention or prepayment analysis activities and the amount that was charged to Employer following performance of prevention or prepayment analysis activities. This includes, but is not limited to, COB, Host Blue activities, contract compliance, and eligibility. The fee for Overpayment Identification, Prevention, and Claims Prepayment Analysis Activities will not exceed $25,000 per Claim. Fee for Independent Claims Review: $500.00 per independent review. Fees and Costs for Independent Dispute Resolution. Notwithstanding anything to the contrary in the Agreement, Employer shall assume liability for payment of all fees and costs, including but not limited to arbitrator fees, charged to or paid by Anthem as part of independent dispute resolution processes. Enhanced Personal Health Care Fee. A fee shall be charged for Anthem's oversight of Enhanced Personal Health Care with Providers or Vendors. Such fee shall be 25% of the per attributed Member per month amount charged to Employer for the Provider performance bonus portion of the Enhanced Personal Health Care program. These charges are included in Paid Claims on the invoice and may accumulate towards any stop loss policy amounts. Capitation Fee. A capitation fee shall be charged for Anthem's oversight and care coordination of designated Members. Such fee shall be 20% of the capitated Provider payment. These charges are included in Paid Claims on the invoice and may accumulate towards any stop loss policy amounts. Non-Network Savings Fee. If Anthem or its Vendor negotiates with a non-Network Provider for Covered Services from the non-Network Provider, Employer will pay a fee equal to 50% of the difference between the non-Network Provider's Billed Charges and the amount Anthem uses to calculate Plan liability for the Covered Service (the "Plan Liability Amount"). In the case of facility-based Provider Claims, Plan Liability Amount will be based on the negotiated rate; if negotiations are not successful, the Plan Liability Amount shall be determined using a pricing tool. In the case of professional Provider Claims, Plan Liability Amount will be based upon the negotiated rate obtained by Anthem or its Vendor, if applicable (in the absence of successfully negotiated Claims, there will be no fee charged as the amount will be determined by the local Blue plan). Unidentified Recoveries. Anthem shall retain any funds received through recovery processes that are paid to Anthem and, following good faith and reasonable efforts, cannot be tied to a specific Employer or Member. Annual Wellness Fund. Anthem will provide a Wellness Credit in the amount of $125,000.00 annually. The Plan Program Credit is only available from January 01, 2023 through December 31, 2023 (renewable each year) and, subject to Anthem approval, may be applied towards any combination of the following: • Wellness-related expenses The Plan Program Credit does not apply towards personnel costs, general consultant expenses, commissions, travel, office equipment and supplies, cash incentives, and programming expenses that are not directly related to the administration of health care benefits. Anthem may pay a third party directly for approved Plan Program Credit amounts upon written direction from Employer. Funds must be spent during the calendar year in question. Fee for Ad Hoc Reports. Anthem shall provide, on an annual basis, up to 20 hours of time needed to generate custom or ad hoc reports at no additional charge. The charge to Employer beyond 20 hours per year is $150.00 per hour for time needed to generate custom or ad hoc reports. Communications Fund. Anthem shall provide $36,000, on an annual basis, for communications expenses related to annual renewal. Credit will be forfeited if not used by the end of the calendar year. Fee for Electronic Data Feeds to an Outside Vendor. Anthem shall provide, on an annual basis, up to 12 electronic data feeds to an outside vendor in Anthem's standard format. The charge to Employer is $1,000.00 for each additional feed. Section 4. Paid Claims, Billing Cycle and Payment Method A. Paid Claims Paid Claims are described in Article 1-Paid Claims Definition of the Agreement. B. Billing Cycle Weekly Anthem shall notify Employer of the amount due to Anthem as a result of Claims processed and paid by Anthem according to the billing cycle described above. The actual date of notification of Paid Claims and the Invoice Due Date will be determined according to Anthem's regular business practices and systems capabilities. C. Payment Method ACH Demand Debit Reimbursement for Paid Claims. Anthem will initiate an ACH demand debit transaction that will withdraw the amount due from a designated Employer bank account no later than the next business day following the Invoice Due Date, however, if the Invoice Due Date falls on either a banking holiday, a Saturday or a Sunday, the withdrawal shall be made on the following banking day. Section 5. Administrative Services Fees Billing Cycle and Payment Method A. Billing Cycle Monthly List Bill (pay as billed) Anthem shall notify Employer of the amount due to Anthem pursuant to Section 3 of Schedule A according to the billing cycle described above. The actual date of notification of amounts due and the Invoice Due Date will be determined according to Anthem's regular business practices and systems capabilities. B. Payment Method ACH Demand Debit Reimbursement. Anthem will initiate an ACH demand debit transaction that will withdraw the amount due from a designated Employer bank account no later than the next business day following the Invoice Due Date, however, if the Invoice Due Date falls on either a banking holiday, a Saturday or a Sunday, the withdrawal shall be made on the following banking day. Section 6. Claims Runout Services A. Claims Runout Period Medical: Claims Runout Period shall be for the 12 months following the date of termination of this Agreement. B. Claims Runout Administrative Services Fee Medical: The fee for Claims Runout Services will be equal to 9% of Claims processed and paid by Anthem or through Inter-Plan Arrangements. This fee will not be charged if Employer terminates at least years after the effective date of the Agreement Period. Fees in Sections 3(B) and 3(C) of this Schedule A that (i) are associated with Claims processed or reviewed during the Claims Runout Period including without limitation subrogation fees, Claims prepayment analysis fees, recovery fees, discount share fees, network access fees; or (ii) apply to the Agreement Period but were not billed during the Agreement Period, will be billed and payable during the Claims Runout Period. Payment is due to Anthem by the Invoice Due Date. Section 7. Inter-Plan Arrangements Certain fees and compensation are charged each time a Claim is processed through the BlueCard Program and include, but are not limited to, Access Fees, Administrative Expense Allowance Fees, Central Financial Agency Fees and ITS Transaction Fees. Other Inter-Plan Program related fees that Anthem may charge include, but are not limited to, fees for BlueCross Blue Shield Global Core® Program services. These fees may be separately billed or included in Paid Claims. The extent to which these fees and compensation are (i) included in the Base Administrative Services Fee; or (ii) included in Paid Claims or separately billed to Employer is as follows: BlueCard Fees Access Fees and AEA will be included in the Base Administrative Services Fees for Claims incurred in the Anthem Service Areas for the following states: California, Colorado, Connecticut, Georgia, Indiana, Kentucky, Maine, Missouri, Nevada, New Hampshire, New York, Ohio, Virginia, and Wisconsin. Administrative Expense Allowance Fees ("AEA") (Network Provider and Non-Network Provider Claims): • An amount not to exceed $5.00 per professional Claim and $11.00 per institutional Claim. • Non-Network Provider - $3.00 per Claim. Central Financial Agency Fee ("CFA") (Network Provider, Non-Network Provider and Blue Cross Blue Shield Global Core Claims): • $0.35 per payment notice. ITS Transaction Fee ("ITS") (Network Provider, Non-Network Provider and Blue Cross Blue Shield Global Core Program Claims): • $0.05 per transaction. Negotiated Arrangement Fees - Not Applicable Blue Cross Blue Shield Global Core Fees Administrative Expense Allowance Fee: • $3.75 per Member-submitted Claim; • $4.75 per professional Claim; and • $17.00 per institutional Claim. All other fees associated with the Blue Cross Blue Shield Global Core program, except the CFA and ITS Fees described above, are included in the Base Administrative Services Fee. Section 8. Other Amendments. The Administrative Services Agreement is otherwise amended as follows: Notice of Loss of Grandfathering Status In the event Employer maintains a grandfathered health plan(s), as that term is used in the Patient Protection and Affordable Care Act ("PPACA"), Employer shall not make any changes to such plan(s), including, but not limited to, changes with respect to Employer contribution levels, without providing Anthem with advance written notice of the intent to change such plan(s). Making changes to grandfathered plans without notice to Anthem may result in the plan(s) losing grandfathered status and significant penalties and/or fines to Employer and Anthem. In the event Employer implements changes to its plan(s) and does not provide advance notice to Anthem, Employer agrees to indemnify Anthem according to the indemnification provisions set forth elsewhere in this Agreement for any penalties, fines or other costs assessed against Anthem. Additionally, at each renewal after September 23, 2010, Employer shall affirm in writing, upon reasonable request of Anthem, that it has not made changes to its plan(s) that would cause the plan(s) to lose its/their grandfathered status. If Employer loses grandfathered Plan status under PPACA and notifies Anthem of such loss no fewer than 90 days before the effective date of the change, Anthem will implement the additional group market (insurance) reforms that apply to non-grandfathered health Plans subject to the provisions of Article 18 of this Agreement. Blue Cross Blue Shield Healthcare Plan of Georgia, Inc. dba Anthem Blue Cross and Blue Shield By: {{esl:AnthemSigner:capture:size(200,50)}} Title: Date: {{esl:AnthemSigner:SigningDate:size(200,50)}} SCHEDULE B TO ADMINISTRATIVE SERVICES AGREEMENT WITH AUGUSTA-RICHMOND COUNTY BOC This Schedule B shall govern the Agreement Period from January 1, 2023 through December 31, 2023. For purposes of this Agreement Period, this Schedule B shall supplement and amend the Agreement between the Parties. If there are any inconsistencies between the terms of the Agreement including any prior Schedules and this Schedule B, the terms of this Schedule B shall control. The following is a list of services that Anthem will provide under this Agreement for the Base Administrative Services Fee listed in Section 3(A) of Schedule A. These services will be furnished to Employer in a manner consistent with Anthem's standard policies and procedures for self-funded plans. Anthem may also offer additional, optional services to Employer, and such services, whether or not purchased by Employer, are not included in the services set forth below in this Schedule B. By way of example and not limitation, Anthem may offer certain optional programs that include utilization management activities. In such event, the services associated with those programs are not included in the services described below. Services under Article 13 will only be pursued or performed for Claims associated with these programs or that would have been impacted by these programs if the programs are purchased by Employer. If Employer has purchased such services, those services and any additional fees are also listed in Schedule A. SERVICES INCLUDED IN THE BASE ADMINISTRATIVE SERVICES FEE IN SECTION 3A OF SCHEDULE A Management Services: Anthem's benefits and administration as described in this paragraph: − Anthem definitions, and exclusions − Anthem complaint and appeals process (One mandatory level of appeal, one voluntary level of appeal) − Claims incurred and paid as provided in Schedule A, excluding activities related to Claim recovery − Accumulation toward plan maximums beginning at zero on effective date − Anthem Claim forms − ID card − Explanation of Benefits (Non-customized) • Acceptance of electronic submission of eligibility information in HIPAA-compliant format • Preparation of Benefits Booklet (accessible via internet) • Information for ERISA 5500 • Account reporting - standard data reports • Standard billing and banking services • Plan Design consultation • Employer eServices - Add and delete Members - Download administrative forms - View Member Benefits and request ID cards - View eligibility - View Claim status and detail • Responsible Reporting Entity for the Plan • Information for preparation of SBC Claims and Customer Services • Claims processing services • Medicare crossover processing • Employer customer service, standard business hours • Member customer service, standard business hours • 1099s prepared and delivered to Providers • Residency-based assessments and/or surcharges and other legislative reporting requirements • Member eServices • Member identity theft and credit monitoring and identity repair Care Management • Health Care Management - Referrals - Utilization management - Case management - Anthem Medical Policy • SpecialOffers • Transplant services - Blues Distinction • Member Digital Tools Networks • Network Access and Management • Online Provider directory Other Services Required by Federal Law (as of the applicable effective date): • Advance explanation of benefits upon Provider request • Price comparison tool access • Continuity of care administration for Provider termination from the network • Air ambulance Provider reporting • Upon request, Anthem will provide the non-quantitative treatment limitation analysis for the standard services that Anthem provides under the Agreement. Anthem will also provide reasonable assistance to Employer in the event of a regulatory audit for compliance with the Mental Health Parity and Addiction Equity Act. • Posting of machine readable files for the services Anthem administers for the Plan on www.anthem.com Blue Cross Blue Shield Healthcare Plan of Georgia, Inc. dba Anthem Blue Cross and Blue Shield By: {{esl:AnthemSigner:capture:size(200,50)}} Title: Date: {{esl:AnthemSigner:SigningDate:size(200,50)}} SCHEDULE C TO ADMINISTRATIVE SERVICES AGREEMENT WITH AUGUSTA-RICHMOND COUNTY BOC This Schedule C provides certain guarantees pertaining to Anthem’s performance under the Agreement between the Parties (“Performance Guarantees”) and shall be effective for each year in the period from January 1, 2023 through December 31, 2025 (the “Performance Period”). Descriptions of the terms of each Performance Guarantee applicable to the Parties are set forth in the Attachments (the “Attachments”) to this Schedule C and made a part of this Schedule C. This Schedule shall supplement and amend the Agreement between the Parties. If there are any inconsistencies between the terms of the Agreement including any prior Schedules and this Schedule C, the terms of this Schedule C shall control. If there are any inconsistencies between the terms contained in this Schedule, and the terms contained in any of the Attachments to this Schedule C, the terms of the Attachments to this Schedule C shall control unless otherwise specified. Section 1. General Conditions A. The Performance Guarantees described in the Attachments to this Schedule C shall be in effect only for the Performance Period indicated above, unless specifically indicated otherwise in the Attachments. Each Performance Guarantee shall specify a/an: 1. Performance Category. The term Performance Category describes the general type of Performance Guarantee. 2. Reporting Period. The term Reporting Period refers to how often Anthem will report on its performance under a Performance Guarantee. 3. Measurement Period. The term Measurement Period is the period of time under which Anthem’s performance is measured, which may be the same as or differ from the period of time equal to the Performance Period. 4. Penalty Calculation. The term Penalty Calculation generally refers to how Anthem’s payment will be calculated, in the event Anthem does not meet the target(s) specified under the Performance Guarantee. 5. Amount at Risk. The term Amount at Risk means the amount Anthem may pay if it fails to meet the target(s) specified under the Performance Guarantee. B. Anthem shall conduct an analysis of the data necessary to calculate any one of the Performance Guarantees within the timeframes provided in the Attachments to this Schedule C. In addition, any calculation of Performance Guarantees, reports provided, or analysis performed by Anthem shall be based on Anthem’s then current measurement and calculation methodology, which shall be available to Employer upon request. C. Any audits performed by Anthem to test compliance with any of the Performance Guarantees shall be based on a statistically valid sample size with a 95% confidence level. D. If the Parties do not have an executed Agreement, Anthem shall have no obligation to make payment under these Performance Guarantees. E. Unless otherwise specified in the Attachments to this Schedule C, the measurement of the Performance Guarantee shall be based on data that is maintained and stored by Anthem or its Vendors. F. If Employer terminates the Agreement between the Parties prior to the end of the Performance Period, or if the Agreement is terminated for non-payment, then Employer shall forfeit any right to collect any further payments under any outstanding Performance Guarantees, whether such Performance Guarantees are for a prior or current Measurement Period or Performance Period. G. Anthem reserves the right to make changes to any of the Performance Guarantees provided in the Attachments to this Schedule C upon the occurrence, in Anthem’s determination, of: 1. a change to the Plan benefits or the administration of the Plan initiated by Employer that results in a substantial change in the services to be performed by Anthem or the measurement of a Performance Guarantee; 2. an increase or decrease of 10% or more of the number of Members that were enrolled for coverage on the latter of the effective date or renewal date of this Agreement. 3. a change in law or regulation that materially impacts underwriting assumptions made at the time of offering such Performance Guarantees. Should there be a change in occurrence as indicated above and these changes negatively impact Anthem’s ability to meet the Performance Guarantees, Anthem shall have the right to modify the Performance Guarantees contained in the Attachments. H. For the purposes of calculating compliance with the Performance Guarantees contained in the Attachments to this Schedule C, if a delay in performance of, or inability to perform, a service underlying any of the Performance Guarantees is due to circumstances which are beyond the control of Anthem, or its Vendors, including but not limited to any act of God, civil riot, floods, fire, acts of terrorists, acts of war or power outage, such delayed or non-performed service will not count towards the measurement of the applicable Performance Guarantee. I. Some Performance Guarantees measure and compare year to year performance. The term Baseline Period refers to the equivalent time period preceding the Measurement Period. Anthem will require specified historical Claims and utilization data to establish the Baseline Period for the first year of a Performance Guarantee utilizing a Baseline Period. J. As determined by Anthem, Performance Guarantees may be measured using either aggregated data or Employer-specific Data. The term Employer-specific Data means the data associated with Employer’s Plan that has not been aggregated with other employer data. Performance Guarantees will specify if Employer- specific Data shall be used for purposes of measuring performance under the Performance Guarantee. K. If any Performance Guarantees are tied to a particular program and its components, such Performance Guarantees are only valid if Employer participates in the program and its components for the entirety of the Measurement Period associated with the Performance Guarantee. L. All Performance Guarantees in which Anthem will make outbound calls or will reach out through email or other means to members will exclude members who Anthem cannot reach due to incorrect or invalid telephone numbers, including numbers where permission is required by law but not provided, or those members who have requested that Anthem not contact them. M. All Performance Guarantees may be revisited and may potentially be impacted due to a cause beyond the reasonable control of a Party such as a pandemic (an outbreak of disease that affects an exceptionally high proportion of members) being declared by the Centers for Disease Control or if a Force Majeure event (meaning an act of God, civil or military disruption, terrorism, fire, strike, flood, riot or war) occurs during the Measurement or Baseline Period that impacts a meaningful portion of the Employer population. Section 2. Payment A. If Anthem fails to meet any of the obligations specifically described in a Performance Guarantee, Anthem shall pay Employer the amount set forth in the Attachment describing the Performance Guarantee. Payment shall be in the form of a credit on Employer’s invoice for Administrative Services Fees, which will occur annually unless otherwise stated in the Performance Guarantee. B. Notwithstanding the above, Anthem has the right to offset any amounts owed to Employer under any of the Performance Guarantees contained in the Attachments to this Schedule C against any amounts owed by Employer to Anthem under: (1) any Performance Guarantees contained in the Attachments to this Schedule C; (2) the Agreement; or, (3) any applicable Stop Loss Policy. C. Notwithstanding the foregoing, Anthem’s obligation to make payment under the Performance Guarantees is conditioned upon Employer’s timely performance of its obligations provided in the Agreement in this Schedule C and the Attachments, including providing Anthem with the information or data required by Anthem in the Attachments. Anthem shall not be obligated to make payment under a Performance Guarantee if Employer or Employer’s vendor’s action or inaction adversely impacts Anthem’s ability to meet any of its obligations provided in the Attachments related to such Performance Guarantee, which expressly includes but is not limited to Employer or its vendor’s failure to timely provide Anthem with accurate and complete data or information in the form and format expressly required by Anthem. D. Where the Amount at Risk for a Performance Guarantee is on a percentage of a Per Subscriber Per Month (PSPM) fee basis, the Guarantee will be calculated by multiplying the PSPM amount by the actual annual enrollment during the Measurement Period. Section 3. Performance Guarantee Amounts at Risk A. The Amount(s) at Risk under the Performance Guarantees is/are: The total amount at risk for the below performance guarantees between Anthem and Augusta Richmond County shall not exceed the following: ◼ Operations Guarantees: 20% of Base Medical Administration fees ◼ Network Guarantees: 20% of Base Medical Administration fees Confirmation of all applicable fees for the performance guarantees will be reflected in Employer’s Schedule C. Maximum Amount Payable: The maximum amount payable under all guarantees between Anthem and Augusta Richmond County shall not exceed 40% of the Base Medical Administration fees. The Maximum Amount Payable provisions above do not apply to Pharmacy-related Performance Guarantees. Blue Cross Blue Shield Healthcare Plan of Georgia, Inc. dba Anthem Blue Cross and Blue Shield By: {{esl:AnthemSigner:capture:size(200,50)}} Title: Date: {{esl:AnthemSigner:SigningDate:size(200,50)}} ATTACHMENT 1 TO SCHEDULE C Performance Guarantees TO ADMINISTRATIVE SERVICES AGREEMENT WITH AUGUSTA-RICHMOND COUNTY BOC Operation Performance Guarantees This Attachment is made part of Schedule C and will be effective for each year in the Performance Period from January 1, 2023 through December 31, 2025. This Attachment is intended to supplement and amend the Agreement between the Parties. Operations Performance Guarantees Performance Category Year 1 Year 2,3 Claims Timeliness - (14 Calendar Days) 4% of Base Admin. Services Fees 4% of Base Admin. Services Fees Claims Financial Accuracy 4% of Base Admin. Services Fees 4% of Base Admin. Services Fees Claims Accuracy 2% of Base Admin. Services Fees 2% of Base Admin. Services Fees Average Speed to Answer 2% of Base Admin. Services Fees 2% of Base Admin. Services Fees First Call Resolution 2% of Base Admin. Services Fees 2% of Base Admin. Services Fees Member Satisfaction NPS 2% of Base Admin. Services Fees 2% of Base Admin. Services Fees Management Reports 2% of Base Admin. Services Fees 2% of Base Admin. Services Fees Account Management Satisfaction 2% of Base Admin. Services Fees 2% of Base Admin. Services Fees Total Amount At Risk – Operations 20% 20% Additional Terms and Conditions: ◼ For purposes of imposing penalties, measurement shall not begin until the start of the fourth month of the initial Agreement period for the following measures: Claims Timeliness, Claims Financial Accuracy, Claims Accuracy, Average Speed of Answer, and First Call Resolution. ◼ Performance will be based on the results of a designated service team/business unit assigned to Augusta Richmond County, unless the guarantee is noted as measured with Employer-specific Data. Performance Category Amount at Risk Guarantee Penalty Calculation Measurement and Reporting Period Claims Timeliness (14 Calendar Days) Year 1: 4% of Base Admin. Services Fees Year 2, 3: 4% of Base Admin. Services Fees A minimum of 90% of Non-investigated medical Claims will be processed timely. Non-investigated Claims are defined as medical Claims that process through the system without the need to obtain additional information from the Provider, Subscriber or other external sources. Processed Timely is defined as Non-investigated medical Claims that have been adjudicated within 14 calendar days of receipt. This Guarantee will be calculated based on the number of Non-investigated Claims that Processed Timely divided by the total number of Non-investigated Claims. The calculation of this Guarantee does not include Claim adjustments. The calculation of this Guarantee also excludes in any quarter, Claims for an Employer that requests changes to Plan benefits, until all such changes have been implemented. This will be measured with Employer-specific Data. Result Penalty 90.0% or Greater None 88.0% to 89.9% 25% 86.0% to 87.9% 50% 85.0% to 85.9% 75% Less than 85.0% 100% Measurement Period Annual Reporting Period Annual Claims Financial Accuracy Year 1: 4% of Base Admin. Services Fees Year 2, 3: 4% of Base Admin. Services Fees A minimum of 99% of medical Claim dollars will be processed accurately. This Guarantee will be calculated based on the total dollar amount of audited medical Claims paid correctly divided by the total dollar amount of audited medical Paid Claims. The calculation of this Guarantee includes both underpayments and overpayments. The calculation of this Guarantee does not include Claim adjustments or Claims in any quarter in which an Employer requests changes to Plan benefits, until all such changes have been implemented. Result Penalty 99.0% or Greater None 98.0% to 98.9% 25% 97.0% to 97.9% 50% 96.0% to 96.9% 75% Less than 96.0% 100% Measurement Period Annual Reporting Period Annual Claims Accuracy Year 1: 2% of Base Admin. Services Fees Year 2, 3: 2% of Base Admin. Services Fees A minimum of 97% of medical Claims will be paid or denied correctly. This Guarantee will be calculated based on the number of audited medical Claims paid and denied correctly divided by the total number of audited medical Claims paid and denied. The calculation of this Guarantee excludes in any quarter Claims for an Employer that requests changes to Plan benefits, until all such changes have been implemented. Result Penalty 97.0% or Greater None 96.0% to 96.9% 25% 95.0% to 95.9% 50% 94.0% to 94.9% 75% Less than 94.0% 100% Measurement Period Annual Reporting Period Annual Average Speed to Answer Year 1: 2% of Base Admin. Services Fees Year 2, 3: 2% of Base Admin. Services Fees The average speed to answer (ASA) will be 45 seconds or less. ASA is defined as the average number of whole seconds members wait and/or are in the telephone system before receiving a response from a customer service representative (CSR) or an interactive voice response (IVR) unit. This Guarantee will be calculated based on the total number of calls received in the customer service telephone system. Result Penalty 45 seconds or less None 46 to 48 seconds 25% 49 to 51 seconds 50% 52 to 54 seconds 75% 55 or more seconds 100% Measurement Period Annual Reporting Period Annual First Call Resolution Year 1: 2% of Base Admin. Services Fees Year 2, 3: 2% of Base Admin. Services Fees A minimum of 85% of member calls will be resolved during the initial contact with no further follow up required. First Call Resolution is defined as member callers receiving a response to their inquiry during an initial contact with no further follow-up required. This Guarantee will be calculated based on the total number of members who receive a First Call Resolution divided by the total number of calls received into the customer service telephone system. Result Penalty 85.0% or Greater None 83.0% to 84.9% 25% 81.5% to 82.9% 50% 80.0% to 81.4% 75% Less than 80.0% 100% Measurement Period Annual Reporting Period Annual Performance Category Amount at Risk Guarantee Penalty Calculation Measurement and Reporting Period Member Satisfaction – NPS Year 1: 2% of Base Admin. Services Fees Year 2, 3: 2% of Base Admin. Services Fees This Guarantee establishes a Quality Benchmark transactional Net Promoter Score (NPS) of 40. Anthem will either: (i) meet or exceed the Quality Benchmark; or, (ii) there will be an improvement in the Net Promoter Score from the Baseline Period. The survey is conducted after a member contacts a customer service representative (CSR). Each member who completes a transaction with Anthem will be asked to provide a rating on a scale from 0 (Not at All Likely) to 10 (Extremely Likely) to a question that asks how likely the member would recommend Anthem to a friend or colleague based on the member’s most recent transaction. The transactional Net Promoter Score will be calculated by subtracting the percentage of Detractors (members who provide a rating from 0 to 6) from the percentage of Promoters (members who provide a rating of 9 or 10). To determine the results for (i), Anthem shall compare the Net Promoter Score in the Measurement Period to the Quality Benchmark. The improvement for (ii) will be determined by comparing the Net Promoter Score in the Measurement Period to the Net Promoter Score in the Baseline Period. The Baseline Period is the equivalent time period preceding the Measurement Period. This will be measured with Employer-specific Data. Result Penalty Net Promoter Score increased None If Net Promoter Score stayed to same or decreased AND is Result Penalty 40 or Greater None 39.0 to 39.9 25% 38.0 to 38.9 50% 37.0 to 38.9 75% Less than 37.0 100% Measurement Period Annual Reporting Period Annual Management Reports Year 1: 2% of Base Admin. Services Fees Year 2, 3: 2% of Base Admin. Services Fees Standard automated reports will be made available to Employer by no later than 25 calendar days following the end of the month. The reports will include financial, utilization and clinical information. This will be measured with Employer-specific Data. Result Penalty Reports are late 1 month None Reports are late 2 months 25% Reports are late 3 or more months 100% Measurement Period Annual Reporting Period Annual Account Management Satisfaction Year 1: 2% of Base Admin. Services Fees Year 2, 3: 2% of Base Admin. Services Fees A minimum average score of 3.0 will be attained on the Account Management Satisfaction Survey (AMSS). A minimum of 3 responses per Employer to the AMSS is required to base the score on Employer-specific responses only. If 3 responses are received from the Employer, an average score is calculated by adding the scores from each respondent divided by the total number of Employer respondents. If fewer than 3 responses are received, the score will be calculated as follows: 2 Employer responses: 2/3 of the score will be based on Employer-specific AMSS results and 1/3 of the score will be based on the aggregate score of all AMSS results received by the Account Management Team. 1 Employer- response: 1/3 of the score will be based on Employer- specific AMSS results and 2/3 of the score will be based on the aggregate score of all AMSS results received by the Account Management Team. 0 Employer responses: The score will be based on the aggregate score of all AMSS results received by the Account Management Team. Result Penalty 3.0 or higher None 2.5 to 2.9 25% 2.0 to 2.4 50% Less than 2.0 100% Measurement Period Annual Reporting Period Annual ATTACHMENT 2 TO SCHEDULE C Performance Guarantees TO ADMINISTRATIVE SERVICES AGREEMENT WITH AUGUSTA-RICHMOND COUNTY BOC Network Guarantees This Attachment is made part of Schedule C and will be effective for the Performance Period from January 1, 2023 through December 31, 2023. This Attachment is intended to supplement and amend the Agreement between the Parties. Network Guarantees Performance Category Year 1 Network Provider Discount – Expected Discount 51.6% 20% of Base Admin. Services Fees Total Amount At Risk - Network 20% Additional Terms and Conditions ◼ This/These Guarantee(s) applies to following time periods:(Measurement Period) − Year 1: Claims Incurred from January 1, 2023 through December 31, 2023 and Paid from January 1, 2023 and through March 31, 2024. ◼ This Guarantee excludes the following Providers: Children’s Healthcare Network. ◼ This Guarantee excludes the total Claims Charges for any Member that exceeds $150,000 in paid claims in the Measurement Period. ◼ Anthem has the right in its sole discretion to modify or terminate this Guarantee if any of the following conditions occur: − Anthem is no longer the sole administrator for Employer‘s Plan − Employer fails to maintain at least an average enrollment of enrollment of 2,022 Subscribers. − As previously mentioned, a change to the Plan benefits or the administration of the Plan initiated by Employer that results in a substantial change in the services to be performed by Anthem or the measurement of a Performance Guarantee. Anthem will use Employer’s service mix to determine a composite Network Discount. For example: Service Proposed Discount Guarantee % Actual Utilization at Policy Year End Final Discount Inpatient 51.0% 30.6% 53.1% Out Patient 55.0% 37.8% 54.2% Professional 48.0% 31.6% 49.0% Composite Discount* 51.6% 100.0% 52.22% *Composite Discount using Group Utilization Performance Category Amount at Risk Guarantee Penalty Calculation Measurement and Reporting Period Network Provider Discount Year 1: 10% of Base Admin. Services Fees Anthem guarantees a minimum Network Provider Discount based upon the following Target Amounts: 45.6% Inpatient Hospital/ 64.5% Outpatient Hospital/ 52.6% Professional. This Guarantee excludes the following Providers: Children’s Healthcare Network. This Guarantee excludes the total Claims Charges for any Member that exceeds $150,000 in paid claims in the Measurement Period. Eligible Claim Charges are defined as charges for Covered Services provided to Members enrolled in OA POS Plans. Eligible Claim Charges will be based on Anthem primary Claims only and will not include charges related to Prescription Drug Claims, Inter-Plan Program fees, state surcharges, Anthem Provider payment innovation programs or services rendered outside the United States. Allowed Amount is defined as the amount paid by Anthem to OA POS Network Providers on Eligible Claim Charges plus any Member Cost Shares. This Guarantee will be calculated by dividing the OA POS Network Provider Allowed Amount by the OA POS Network Provider Eligible Claim Charges. The resulting percentage shall be subtracted from 100% to determine the Network Provider Discount. The resulting percentage shall be subtracted from 100% to determine the Network Provider Discount. This will be done for each service. Anthem will then apply Employer’s actual utilization to both the actual discount and Target Amounts and then determine the difference between a composite result achieved versus the composite result based on the Target Amounts. Anthem has the right in its sole discretion to modify or terminate this Guarantee if any of the following conditions occur: • Anthem is no longer the sole administrator for Employer‘s Plan • Employer fails to maintain at least an average enrollment of 2,022 Subscribers. • The geographic distribution of Subscribers changes by more than 5% in any state or 10% in total from the Employer census provided for purposes of establishing this Guarantee. Only Claims submitted to a Blue Cross and/or Blue Shield licensee for processing and adjudication shall be considered for purposes of this Discount Guarantee. This Guarantee assumes that, per the uniform data standard specifications released on 12/9/2020, Provider billed charge trend will be as follows: 6% inpatient, 7% outpatient and 4.5% professional. This Guarantee is subject to modification if actual billed charge trend falls below these amounts.” This will be measured with Employer-specific Data. If Actual Results are lower than the final Guarantee by: Result Penalty 0-2% None 2.1%-3.0% 25% 3.1%-4.0% 50% 4.1%-5.0% 75% More than 5.0% 100% Measurement Period *This period applies to Claims incurred from January 1, 2022 through December 31, 2022 and Paid from January 1, 2022 and through March 31, 2023. Reporting Period Annual CONFIDENTIALITY AGREEMENT SAMPLE ONLY This Confidentiality Agreement ("Agreement"), effective as of the last date signed below, is entered into by Elevance Health, Inc. on behalf of itself and its affiliates and subsidiaries (each an "Elevance Health Company" and collectively "Elevance Health") and ("Recipient"). Elevance Health and Recipient may be referred to each as a "Party" and collectively as the "Parties". 1. Scope. The Parties acknowledge and agree that: (a) Elevance Health is a third party administrator and/or insurer for certain self-funded and fully insured group health plans operated on behalf of employers (each a "Plan" and collectively the "Plans"); (b) pursuant to separate agreements between the Plans and Recipient, Recipient performs services necessary for the administration of the Plans; (c) the Parties reasonably anticipate that certain Plans have requested or will request that Elevance Health provide to Recipient certain information; and (d) the terms and conditions of this Agreement shall govern Recipient's use and disclosure of Elevance Health's P/C Information (as defined herein) contained in the information provided by Elevance Health to Recipient, regardless of the Plan involved. 2. Specifications and Permitted Purpose. "Information" shall mean the data that Elevance Health agrees to release to Recipient pursuant to each Plan request. The Information shall conform to the specifications set forth in an Elevance Health Data Release Specifications Form, and shall be for Recipient's use only in accomplishing the particular plan administration purpose ("Permitted Purpose") identified therein. "Data Release Specifications Form" means a form substantially similar to the sample attached hereto as Exhibit A. Each Data Release Specifications Form agreed to by the Parties shall be deemed incorporated into this Agreement by reference. 3. P/C Information. Recipient acknowledges that the Information includes Elevance Health's Proprietary Information and Elevance Health's Confidential Information. "Elevance Health's Proprietary Information" means the non-public, trade secret, commercially valuable, or competitively sensitive information of an Elevance Health Company, or other material and information relating to the products, business, or activities of an Elevance Health Company, including but not limited to: (i) Information about the Elevance Health Company's provider networks, provider negotiated fees, provider discounts, and provider contract terms; (ii) information about the systems, procedures, methodologies, and practices used by an Elevance Health Company in performing its services such as underwriting, claims processing, claims payment, and health care management activities; and (iii) combinations of data elements that could enable information of this kind to be derived or calculated. "Elevance Health's Confidential Information" means information that an Elevance Health Company is obligated by law or contract to protect, including but not limited to: (i) Social Security Numbers; (ii) provider tax identification numbers (TINs); (iii) National Provider Identification Numbers (NPIs); (iv) provider names, provider addresses, and other identifying information about providers; and (v) drug enforcement administration (DEA) numbers, pharmacy numbers, and other identifying information about pharmacies. Elevance Health's Proprietary Information and Elevance Health's Confidential Information may be referred to together as the "P/C Information." "Elevance Health Company, " as used in the definitions set forth in this Section 3 and for purposes of this Agreement also includes a licensee of the Blue Cross and Blue Shield Association (each a "Blue Plan"), to the extent Elevance Health provides such Blue Plan's Information to Recipient. 4. Business Associate Status and Obligations. The Parties acknowledge and agree that: (a) the Information may include protected health information ("PHI"), as that term is defined and used in the Health Insurance Portability and Accountability Act of 1996 and the regulations promulgated thereunder at 45 C.F.R. §§ 160- 164 (collectively, "HIPAA"); (b) each Party may be the Plans' Business Associate as defined and governed by HIPAA; (c) to the extent required by HIPAA, each Plan has required or will require such Party separately to enter into a Business Associate Agreement with the Plan, setting forth its obligations pursuant to 45 C.F.R 164.502(e); and (d) Recipient's use and disclosure of the P/C Information shall be governed by this Agreement; however, Elevance Health's disclosure of PHI to Recipient and Recipient's subsequent use and disclosure of the PHI separate and apart from the P/C Information shall be governed by HIPAA and the Plans' applicable Business Associate Agreements. 5. Permitted and Non-permitted Uses. Recipient shall use the P/C Information solely for the Permitted Purpose set forth in the applicable Data Release Specifications Form and to develop related reports and information for the applicable Plan(s). Recipient shall not, without Elevance Health's advance written consent: (a) use the P/C Information, or reports or summaries arising therefrom, for any other purpose; (b) alter the P/C Information in any manner; (c) combine the P/C Information with other data to create or add to an aggregated database for Recipient's own internal use or analysis or for use in producing analyses, reports, extracts, or summaries that will or could be made available to any person or entity other than the applicable Plan; (d) combine the P/C Information provided for a particular Permitted Purpose with P/C Information provided for another purpose; (e) sell or disclose the P/C Information to any other person or entity, including without limitation affiliates of Recipient, except as expressly permitted herein; or (f) except to accomplish the Permitted Purpose, use the P/C Information for its own internal use and analysis. The provisions of this section shall survive the termination of this Agreement. 6. Permitted and Non-permitted Disclosures. Recipient shall maintain the P/C Information in strict confidence, and, except as expressly permitted in this Section 6, shall only permit access to and use of the P/C Information by those of its employees and agents whose access and use are necessary to accomplish the Permitted Purpose and who are bound to maintain the P/C Information in strict confidence. Recipient may disclose the P/C Information associated with a particular request to the applicable Plan, but shall not disclose it to any other person or entity, including but not limited to another carrier or vendor, except as expressly permitted herein. At the direction of the applicable Plan, Recipient may disclose the minimum amount of P/C Information necessary to a consultant or vendor of the Plan who has entered into a confidentiality agreement with Elevance Health (or amended its existing confidentiality agreement with Elevance Health via the addition of a Data Release Specifications Form) with respect to the disclosure. Additionally, Recipient may disclose the minimum amount of P/C Information necessary to Recipient's own consultants or vendors who need to know the P/C Information to fulfill the Permitted Purpose, but only if Recipient: (a) enters into a Confidentiality Agreement with the consultant or vendor containing provisions regarding the use and disclosure of such P/C Information at least as stringent as those contained in this Agreement; and (b) provides Elevance Health with advance written notice of the identity of the consultant or vendor to whom the disclosure is to be made. Elevance Health reserves the right to require such consultant or vendor to enter into a Confidentiality Agreement with Elevance Health prior to such disclosure by Recipient. 7. Data Protections and Security. Recipient shall afford the P/C Information the same protections it would employ if the P/C Information were its own proprietary and confidential information, but no less than a reasonable degree of protection. Recipient shall implement reasonable and appropriate safeguards and technical controls designed to use, store, transmit, and dispose of the P/C Information in a manner intended to ensure that the P/C Information will only be used for the Permitted Purpose and that the P/C Information will be protected against reasonably anticipated threats to its security. If Recipient receives the Information from Elevance Health via electronic means such as FTP transmission, Recipient shall use reasonable physical and software-based security measures commonly used in the electronic data interchange field to protect the P/C Information. Recipient shall implement and comply with, and shall not attempt to circumvent or bypass, Elevance Health's security procedures for the use of the electronic method of Information transmission. 8. Systems Access. If Elevance Health grants Recipient the right to access Elevance Health's benefits administration or other electronic systems ("Systems") in order to view, use, or facilitate the transfer of the Information, the following conditions shall apply: (a) the Systems, and any passwords, user identification codes, and documentation with respect to the Systems shall be treated as Elevance Health's Proprietary Information for purposes of this Agreement; (b) Recipient's right to access the Systems is nonexclusive and nontransferable, and Recipient shall not share, lease or otherwise transfer its right to access and use the Systems to any other person or entity; (c) all rights, title and interest in the Systems remain Elevance Health's; (d) Recipient shall only access the Information described on the applicable Data Release Specifications Form which is necessary to accomplish the Permitted Purpose; (e) all Systems access shall be achieved through the interfaces and protocols provided or authorized by Elevance Health, and Recipient shall comply with any and all reasonable restrictions and limitations pertaining to such access as shall be communicated to Recipient by Elevance Health in writing; and (f) Recipient shall immediately notify Elevance Health of any unauthorized use of Recipient's access credentials or other unauthorized access to the Systems. 9. Providers. Except in reports provided to the applicable Plan as permitted by this Agreement, Recipient shall not in any report, or in any other medium, refer to any provider of health care or pharmacy by name or by any other identifying reference. Recipient shall not contact any provider of health care or pharmacy concerning any information obtained pursuant to this Agreement unless the contact is coordinated by Elevance Health. 10. Disclaimer and Exculpation. Elevance Health provides the Information on an "as-is" basis, and makes no representation or warranty as to the accuracy or reliability of any conclusions or interpretations made by Plans and/or Recipient on the basis of the Information. Recipient releases Elevance Health and its agents and employees from any and all liability whatsoever for any erroneous, inaccurate, or incomplete Information. 11. Disposition of the P/C Information. Upon termination of this Agreement or the conclusion of Recipient's use of the P/C Information to accomplish the Permitted Purpose, Recipient shall destroy the P/C Information or return it to Elevance Health. Notwithstanding the foregoing, Recipient may retain the P/C Information pursuant to Recipient's reasonable record retention policies and procedures in compliance with applicable law; provided, however, that Recipient shall continue to be bound by the confidentiality terms of this Agreement with respect to the P/C Information for as long as such P/C Information is retained. 12. Excepted Information. This Agreement shall not be construed to restrict the disclosure by Recipient of information that (a) other than as a result of breach of this Agreement, has been previously published, is now public knowledge, or becomes public knowledge; (b) other than in violation of this Agreement, is independently developed by Recipient; (c) is made available to Recipient by any person or entity other than Elevance Health, provided the source of such information is not subject to any confidentiality obligations with respect to it; or (d) is required to be disclosed pursuant to law, order, regulation, or judicial or administrative process, but only to the extent of such required disclosures. 13. Investigation of Suspected Breach. If Elevance Health reasonably believes that Recipient has breached this Agreement, Elevance Health shall have the right to investigate. Recipient shall permit Elevance Health or its designee to observe and review onsite Recipient's processes and records relating to how the P/C Information has been stored, used, and disclosed, and shall reasonably cooperate with Elevance Health. Elevance Health shall give Recipient at least seventy-two (72) hours' advance notice and shall perform any onsite review at its own cost and expense, during normal business hours, and in a manner reasonably designed to protect the confidentiality of Recipient's confidential information and to avoid interfering with Recipient's business operations. If Elevance Health's review confirms that a breach has occurred, then notwithstanding any other provision of this Agreement and in addition to any other available remedies: (a) Elevance Health shall have the right, at its sole option, to discontinue any ongoing releases of Information to Recipient and terminate this Agreement immediately upon notice to Recipient; and (b) notwithstanding the terms of Section 11, Recipient shall immediately return all P/C Information then in its possession to Elevance Health. 14. Equitable Relief. Recipient acknowledges that irreparable injury could result to Elevance Health and its business if Recipient breaches its obligations under this Agreement. Without prejudice to any other rights and remedies available to it, Elevance Health shall be entitled to seek a restraining order, injunction or other equitable relief to prevent any actual, intended, or likely injuries which may result from a breach by Recipient. 15. Legal Prohibition. In the event that any local, state or federal law now in existence or hereafter enacted or decided (including rulings of regulatory agencies) prohibits Elevance Health from providing any or all of the Information, Elevance Health shall be relieved of any obligation to do so and shall notify Recipient in writing. 16. Successors and Assigns. This Agreement shall inure to the benefit of all successors and assigns of the Parties. 17. Severability. The unenforceability or nullity of any of the provisions of this Agreement, either in whole or in part, shall not render any other provision unenforceable or null and void. 18. Headings. All headings used in this Agreement are used for reference purposes only, and shall not affect the meaning or interpretation of any provision of this Agreement. 19. Governing Law. The validity, interpretation, and enforcement of this Agreement shall be governed by the laws of the State of Indiana. 20. Notice. Any notice required to be given pursuant to the terms of this Agreement shall be in writing and shall be sent via certified or registered mail with return receipt requested or via a recognized courier service to the Notice Address set forth below. 21. Multiple Counterparts. This Agreement and any subsequent amendment to it may be executed in several counterparts and by each of the Parties on a separate counterpart, each of which, when so executed and delivered shall be an original, but all of which together shall constitute but one and the same instrument. A facsimile signature shall be deemed equivalent to an original ink signature. This Agreement (and any subsequent amendment) shall not become binding on either of the Parties until each Party has transmitted to the other Party a counterpart executed by the transmitting Party. 22. Entire Agreement. This Agreement constitutes the entire agreement between the Parties, superseding any and all earlier agreements, either oral or written, between the parties with respect to the subject matter hereof, and no earlier agreement, statement or promise relating to the subject matter of this Agreement will be valid or binding. 23. Termination. Unless earlier terminated pursuant to Section 13, this Agreement shall remain in effect until such time as either Party provides at least ninety (90) days' written notice to the other Party of its decision to terminate this Agreement; provided, however, that the obligations related to the use, disclosure, and protection of the P/C Information shall have no expiration. 24. Amendment. From time to time local, state or federal legislative bodies, boards, departments or agencies may enact or issue laws, rules, or regulations pertinent this Agreement. In such event, the parties agree that Elevance Health shall have the right to unilaterally amendment this Agreement to reflect such change. In consideration of the mutual obligations contained in this Agreement, the sufficiency of which is hereby acknowledged, the Parties agree to the terms and conditions herein. Each of the undersigned represents, warrants, and covenants that he or she has the authority and the right to enter into this Agreement binding the Party on whose behalf the Agreement is hereby executed: ELEVANCE HEALTH: RECIPIENT: Elevance Health, Inc. on behalf of itself and its affiliates and subsidiaries _______________________________________ _____________________________________ _______________________________________ Signature Signature _____________________________________ _______________________________________ Printed Name Printed Name _____________________________________ _______________________________________ Title Title _____________________________________ _______________________________________ Date Date Notice Address: Notice Address: 220 Virginia Avenue ________________________________________ Indianapolis, IN 46204 ________________________________________ Attn: General Counsel ________________________________________ EXHIBIT A SAMPLE ONLY DATA RELEASE SPECIFICATIONS FORM This Data Release Specifications Form amends, supplements, and is incorporated into the Confidentiality Agreement(s), identified herein, and previously entered into between the Parties. For any prior Data Release Specifications Form or data request approved by Elevance Health under a Confidentiality Agreement which included an “Exhibit A – Elevance Health Standard Record Layout – Medical,” such Exhibit A shall be deleted in its entirety. For avoidance of doubt and regardless of any “sample” File Record Layout provided to the Recipient or referenced in the Confidentiality Agreement or attachments thereto, all data request made under this or subsequent Data Release Specifications Form shall be fulfilled in accordance with Elevance Health’s Data Release Policy. Name of Employer for whom data release is requested: Incurred Date Range of requested historical data (if applicable): Paid Date Range of requested historical data (if applicable): Requested frequency of ongoing data releases (if applicable): Purpose(s) for which Elevance Health Data and Non-Elevance Health Data is requested. Describe in full detail how the Elevance Health Data and Non-Elevance Health Data will be used and/or disclosed: List all other parties, if any, to whom Recipient wishes to disclose the Elevance Health Data and Non- Elevance Health Data (name and address). (Each may be required to enter into an Agreement with Elevance Health .) (As applicable INSERT - <Third Party Legal Name>, <Full Address> (If applicable INSERT - <Agreement Type> / <Agreement Signatories> / <Execution Date> File Layout Specifications – Attach requested deliverable’s layout(s) or format(s), which are subject to Elevance Health’s approval. <INSERT AGREED TO DELIVERABLE LAYOUT(S) / FORMAT(S)> RECIPIENT: ELEVANCE HEALTH : <INSERT VENDOR NAME (as listed in Agreement)> ELEVANCE HEALTH ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUBSIDIARIES Signature: Signature: Printed Name: Printed Name: Title: Title: Date: Date: Confidentiality Agreement (Title/Parties/Date): <Agreement Type> / <Agreement Signatories> / <Execution Date> By signing this Data Release Specifications form, the Parties acknowledge and agree that, to the extent applicable, it will satisfy the requirement for a “File Record Layout Form” and/or “Data Release Specifications Form” and will serve the same purpose with respect to any confidentiality agreements requiring the use of a File Record Layout Form or Data Release specifications Form. Pharmacy Pricing Effective:01/01/2023 - 12/31/2027 Total eligible employees:2,255 N/AN/A New Base Network#REF!NEW Advantage Network RETAIL NETWORK 01/01/2023 - 12/31/2023 01/01/2024 - 12/31/2024 01/01/2025 - 12/31/2025 01/01/2026 - 12/31/2026 01/01/2027 - 12/31/2027 Brands 1-83 days' supply / Generics all days' supply Brand Discount % off AWP 19.25%19.35%19.45%19.55%19.65%Brand Dispensing Fee per Rx $0.50 $0.50 $0.50 $0.50 $0.50Generic Discount % off AWP 85.00%85.15%85.30%85.45%85.60%Generic Dispensing Fee per Rx $0.50 $0.50 $0.50 $0.50 $0.50 01/01/2023 - 12/31/2023 01/01/2024 - 12/31/2024 01/01/2025 - 12/31/2025 01/01/2026 - 12/31/2026 01/01/2027 - 12/31/2027 01/01/2023 - 12/31/2023 01/01/2024 - 12/31/2024 01/01/2025 - 12/31/2025 01/01/2026 - 12/31/2026 01/01/2027 - 12/31/2027 01/01/2023 - 12/31/2023 01/01/2024 - 12/31/2024 01/01/2025 - 12/31/2025 01/01/2026 - 12/31/2026 01/01/2027 - 12/31/2027 Brand Discount % off AWP 24.00%24.10%24.20%24.30%24.40%24.00%24.10%24.20%24.30%24.40%24.00%24.10%24.20%24.30%24.40% Generic Discount % off AWP 87.50%87.65%87.80%87.95%88.10%87.50%87.65%87.80%87.95%88.10%87.50%87.65%87.80%87.95%88.10% 01/01/2023 - 12/31/2023 01/01/2024 - 12/31/2024 01/01/2025 - 12/31/2025 01/01/2026 - 12/31/2026 01/01/2027 - 12/31/2027 01/01/2023 - 12/31/2023 01/01/2024 - 12/31/2024 01/01/2025 - 12/31/2025 01/01/2026 - 12/31/2026 01/01/2027 - 12/31/2027 Retail 90: Brand >= 84 days' supply / Generics all days' supply - Rates Shown AboveBrand Discount % off AWP 24.00%24.10%24.20%24.30%24.40%21.50%21.60%21.70%21.80%21.90%Brand Dispensing Fee per Rx $0.00 $0.00 $0.00 $0.00 $0.00 $0.40 $0.40 $0.40 $0.40 $0.40 Generic Discount % off AWP 87.50%87.65%87.80%87.95%88.10%n/a n/a n/a n/a n/a Generic Dispensing Fee per Rx $0.00 $0.00 $0.00 $0.00 $0.00 n/a n/a n/a n/a n/a SPECIALTY 01/01/2023 - 12/31/2023 01/01/2024 - 12/31/2024 01/01/2025 - 12/31/2025 01/01/2026 - 12/31/2026 01/01/2027 - 12/31/2027 Overall Specialty Discount % off AWP 22.50%22.60%22.70%22.80%22.90%Overall Specialty Dispensing Fee per Rx $0.00 $0.00 $0.00 $0.00 $0.00 NationalFORMULARY y 01/01/2023 - 12/31/2023 01/01/2024 - 12/31/2024 01/01/2025 - 12/31/2025 01/01/2026 - 12/31/2026 01/01/2027 - 12/31/2027 Minimum Rebate Guarantees Retail 30 Per Brand Script $354.73 $389.68 $426.73 $435.60 $446.68Retail 90 Per Brand Script $607.04 $650.71 $687.96 $709.01 $726.19Home Delivery Per Brand Script $894.92 $919.22 $1,000.45 $1,029.62 $1,053.09Specialty Per Brand Script $2,976.39 $3,335.31 $3,686.61 $3,787.27 $3,821.35 Client Share of Rebates 100.00%100.00%100.00%100.00%100.00% 01/01/2023 - 12/31/2023 01/01/2024 - 12/31/2024 01/01/2025 - 12/31/2025 01/01/2026 - 12/31/2026 01/01/2027 - 12/31/2027 Admin Fee Per Script $1.25 $1.25 $1.25 $1.25 $1.25 01/01/2023 - 12/31/2023 01/01/2024 - 12/31/2024 01/01/2025 - 12/31/2025 01/01/2026 - 12/31/2026 01/01/2027 - 12/31/2027 Guarantee Rate Guarantee Basis Implementation Allowance N $50,000 n/a n/a n/a n/a n/a Annual Total Ongoing Allowance N n/a $20,000 $20,000 $20,000 $20,000 n/a Annual TotalPerformance Guarantee N $50,000 $50,000 $50,000 $50,000 $50,000 n/a Annual Total The Pharmacy Pricing Guarantees presented here assume the adoption of all recommended programs. Authorized Signature:__________________________________________________________________ Title:__________________________________________________________________ Date:__________________________________________________________________ Document ID I-12803-53268-1-1 Mandatory Home DeliveryMembers are required to fill maintenance medications after a predetermined number of courtesy fills through Anthem's Home Delivery Pharmacy. (do not select with retail maintenance) RETAIL MAINTENANCE NETWORK OPTION: AUGUSTA-RICHMOND COUNTY Ret a i l P r i c i n g G u a r a n t e e s Base Retail Pharmacy Network Broadest retail network. ZipDrug services available for $0.70 per script fee Rx Maintenance 90 NetworkA maintenance network and plan design supporting 90-day supply of maintenance medications at ~ retail 25,000 pharmacies. (do not select with mail maintenance) Base Retail 90 Pharmacy Network Broadest retail network. Sp e c i a l t y G u a r a n t e e s GA Managed Specialty Requires members to use Anthem's Specialty Pharmacy as well as select locations in Georgia as the preferred providers under the pharmacy benefit; Exclusions include HIV specialty medications, oral transplant medications and limited or exclusive specialty drugs the Anthem Specialty Pharmacy does not have access to; members have access to clinical pharmacists with expertise in specialty medication drug therapy. Mai n t e n a n c e P r i c i n g G u a r a n t e e s MAIL MAINTENANCE NETWORK OPTION: Optional Home DeliveryStandard mail order that allows members to receive a 90 day supply of maintenance medication through Anthem's Home Delivery Pharmacy. Opt Out Home DeliveryMembers may choose to fill maintenance medications at retail or through Anthem's Home Delivery Pharmacy. (do not select with retail maintenance) Allo w a n c e s / C r e d i t s Allowance/Credit Totals Pre s c r i p t i o n D r u g R e b a t e G u a r a n t e e s National Formulary Standard and broadest formulary offering that includes brand-name and generic prescription medications selected through our P&T review process based on safety, effectiveness and value. Adm i n Fee s Pharmacy Administrative Fees Base Network Optional Home Delivery Opt Out Home Delivery Mandatory Home Delivery Retail 90 Rx Maintenance 90 GA Managed Specialty National Formulary (Grandfathered) Pharmacy Pricing Assumptions & Conditions Effective:01/01/2023 - 12/31/2027 Total eligible employees:2,255 General Conditions The pricing and terms in this commercial proposal are being offered solely for AUGUSTA-RICHMOND COUNTY with an effective date of 01/01/2023, for a term of 5 Years. In order for the proposed terms to apply, the client must notify Anthem of offer acceptance at least 90 days prior to the effective date. Anthem may receive and retain administrative fees from our pharmacy vendor or directly from pharmaceutical manufacturers. COVID Test Kits, COVID Anti-Viral Medication and COVID Vaccines are excluded from all rebates, pricing calculations and performance guarantees under your PBM contract. Should the client terminate Pharmacy Services during the Agreement Period for reasons other than for cause an early termination fee may apply. Offer applies only to commercial plans. Upon thirty (30) days prior written notice, Anthem may modify or amend the financial provisions in a manner designed to account for the impact of the events identified below: The client does not implement the recommended formulary, clinical and cost-of-care management programs that are part of the Plan. Material differences between client’s actual utilization and the data and assumptions used to develop this quote, including but not limited to the percentage of claims subject to a consumer driven health plan (CDHP). Anthem is no longer the sole administrator for the pharmacy benefit portion of client’s Plan or the exclusive source of prescription drug rebates. Prescription drug rebate eligibility is modified under an agreement between PBM and its vendor or PBM and a manufacturer. The client has an onsite pharmacy and/or participates in the Federal 340B purchasing program which was not disclosed to Anthem at the time of underwriting. A government action or major change in pharmaceutical industry practices that eliminates or materially reduces the manufacturer Prescription drug rebate program. Unexpected market events including but not limited to product launches and or recalls / withdrawals. Changes in the AWP reporting source or in the manner in which AWP is calculated, including changes in the mark-up factor used to calculate AWP. We reserve the right to modify, suspend or nullify our guarantees should one of the following happen: A change to the Plan benefits that result in a substantial change in the services to be performed by Anthem. Circumstances beyond Anthem's control including but not limited to any act of God, civil riot, floods, fire, pandemics, acts of terrorists, acts of war, or power outages that delay our performance or that of our vendors. The client terminates the Agreement before the end of a performance period, or we terminate it because of non-payment. The client withdraws from participation in particular programs tied to performance guarantee(s) prior to completion of the measurement period associated with the performance guarantees. Anthem does not receive information or other support from employer that would allow us to meet the Guarantee. Anthem reserves the right to modify the pricing and/or rebate guarantees in the event of unanticipated brand or generic drug launches or unforeseen delays in expected drug launches. This document represents a summary of Anthem's pricing offer and is not intended to be all-inclusive; other standard terms, conditions and pricing may apply. Specific contract language will be provided upon request. If this summary conflicts with the Administrative Services Agreement, the Administrative Services Agreement controls. Network Guarantees Network guarantees do not apply to claims processed through onsite or client owned pharmacies. Single source generics will be considered generic drugs and will be included in the generic discount and generic dispensing fee guarantees. Brand MAC will be considered generic drugs and will be included in the generic discount and generic dispensing fee guarantees. Dispensed as written claims with code 5 will be considered generic drugs and will be included in the generic discount and generic dispensing fee guarantees. Member pay the difference claims will be considered claims for generic drugs and will be included in the generic discount and generic dispensing fee guarantees. We reserve the right to modify or nullify the network guarantees in the event of a 20.0% or greater change in annualized adjusted prescription drug claims compared to the assumptions used to develop this quote. We reserve the right to modify or nullify the network guarantees in the event of a 20.0% or greater change in membership compared to the assumptions used to develop this quote. We reserve the right to modify or nullify the network guarantees in the event of a 20.0% or greater change in utilization by channel compared to the assumptions used to develop this quote. We reserve the right to modify or nullify the network guarantees in the event of a 20.0% or greater change in utilization by brand, generic and specialty distribution compared to the assumptions used to develop this quote. We reserve the right to modify or nullify the network guarantees in the event of a 20.0% or greater change in utilization of onsite pharmacies compared to the assumptions used to develop this quote. Rebate Guarantees The client must use Anthem's recommended formulary to be eligible for prescription drug rebates, whether the prescription drug rebates are paid or applied as a credit. Rebate eligibility is dependent on confirmation of AUGUSTA-RICHMOND COUNTY's ERISA status. Rebate guarantees do not include rebates attributable to medical claims processed by Anthem. We reserve the right to modify or nullify the rebate guarantees in the event of a 20.0% or greater change in annualized adjusted prescription drug claims compared to the assumptions used to develop this quote. We reserve the right to modify or nullify the rebate guarantees in the event of a 20.0% or greater change in membership compared to the assumptions used to develop this quote. We reserve the right to modify or nullify the rebate guarantees in the event of a 20.0% or greater change in utilization by channel compared to the assumptions used to develop this quote. We reserve the right to modify or nullify the rebate guarantees in the event of a 20.0% or greater change in utilization by brand, generic and specialty distribution compared to the assumptions used to develop this quote. We reserve the right to modify or nullify the rebate guarantees in the event of a 20.0% or greater change in utilization of onsite pharmacies compared to the assumptions used to develop this quote. We reserve the right to modify or nullify the rebate guarantees if greater than 5.00% of utilization is not on the selected formulary. Our Prescription Drug Plan: Programs and Services We offer a comprehensive suite of trend and integrated health management programs and services. Below is a list, by product, of the programs and services that are included in this offer. This list is not all inclusive and may change as we update our offering to meet the needs of the marketplace. Category Charge General Administration Account management Included at no cost Banking Included at no cost FSA feeds Included at no cost Implementation services Included at no cost Plan design strategy and consultation Included at no cost Combined medical & pharmacy ID cards Included at no cost Standard communication materials to assist members with enrollment decisions and welcome them to their new plan when they enroll Included at no cost Customized communication materials $2.00 per letter Paper claims/member submitted claims processing $2.50 per occurrence Network Pharmacy Services Pharmacy help desk with toll-free number 24/7 support Included at no cost Pharmacy network management Included at no cost Pharmacy reimbursement Included at no cost Included Daily claim review and reprocessing Included Pharmacy Network Audit/ Investigative and Onsite Audit 100% of recoveries received are shared less a 25.00% recovery fee to cover associated expenses. Custom / Onsite Pharmacy network development and administration Subject to initial set up and ongoing maintenance fees to be determined based on scope. On-site pharmacy claim processing No onsite pharmacies included in offer. If identified, $2.50 per on-site claim. Home Delivery Services Home delivery claims processing Included at no cost Home delivery call center with toll-free number Included at no cost Benefit education (includes home delivery promotion)Included at no cost Retail-to-Home Delivery member outreach programs Included at no cost Home delivery regular shipping and handling Included at no cost Account Management Services Annual strategic planning with quarterly reviews Included at no cost Centralized administration for payment of claim and administration fees Included at no cost Designated pharmacy account team support, including Pharmacy Account Manager, Pharmacy Program Manager (clinical), Pharmacy Services Coordinator Included at no cost Remote training for access to online system(s)Included at no cost Dedicated account team support Pricing available upon request Member Services Customer service for members with toll-free number, to include language translation services Included at no cost Pharmacy customer service call center with toll-free number Included at no cost Member Website Portal (SSO)Included at no cost Internet Services AUGUSTA-RICHMOND COUNTY Guarantees are contingent upon a signed agreement and assume alignment with the proposed Preferred Drug List (PDL), including all prior authorization and utilization management criteria, and a plan design that allows for up to 90 days supply at mail. Our network guarantees exclude the following claims: authorized generics, compounds, U&C, paper, out-of-network, vaccines, Supplies, 340B, OTC, COB, Indian Health, long term care, IV infusion, Military VA, on-site pharmacy Fraud , Waste and Abuse (FWA) Services includes two types of Pharmacy Network monitoring and audit capabilities. Any payment due to AUGUSTA-RICHMOND COUNTY under a rebate guarantee will be offset by favorable results achieved in any other rebate guarantee. Any payment due to AUGUSTA-RICHMOND COUNTY under any AWP discount guarantee within an AWP discount channel will be offset by favorable results achieved in any other AWP discount guarantee regardless of the AWP discount channel. Our rebate guarantees exclude the following claims: limited distribution, new to market drugs, biosimilars, single source generics, paper, out-of-network, vaccines, Supplies, 340B, compounds, authorized generics, brand MAC, OTC, COB, Indian Health, long term care, IV infusion, Military VA, on-site pharmacy, non-formulary claims, Multi-Source Brands, specialty starter fills Rebate guarantees do not apply to claims processed through institutional, hospital, or staff model/hospital pharmacies where the pharmacy, most likely, has its own manufacturer contracts (rebate or purchase discounts), or through pharmacies that participate in the Federal government pharmaceutical purchasing program. Rebate guarantees do not apply if there is a failure by the client to maintain and implement a Plan design wherein non-preferred drugs have either a $15.00 higher Copayment or a 50% higher coinsurance (ex: preferred = 30%, non-preferred = 45%) than the preferred. e-Services for Prescriptions: Intuitive and easy to navigate Included at no cost Online health improvement tools and programs Included at no cost Pharmacy look-up Included at no cost Refill a prescription Included at no cost Savings center – compare costs to switch from retail to home delivery Included at no cost Search and price a medicine – search drugs by name, therapeutic class or subclass; compare costs and drug details, including price by pharmacy Included at no cost Secure member message center Included at no cost Additional miscellaneous Internet services – view coverage and copayments, obtain an ID card, access drug and health guide Included at no cost Patient, Trend, Quality and Cost-of-Care Management Clinical Prior Authorization program $55.00 per occurrence Clinical Pharmacy Review – Physician Review $800.00 per occurrence Certain medications need a higher level of review than a Clinical Prior Authorization and additional information from the prescriber. IngenioRx ProActive PA Included at no Cost Step Therapy $0.30 per script Quantity Limits and Dose Optimization $0.55 per script Concurrent Drug Utilization Review Included at no cost Clinical appropriateness Medication safety Duplicate claims Duplicate prescriptions Refill frequency (refill-too-soon) Maximum dispensing limitations Cost and quantity inconsistency Retrospective Drug Utilization Review programs Included at no cost Retrospective safety review within 72 hours of adjudication. Rx Care Nexus (formerly known as IngenioRx Enhanced Care Optimization Program)$0.60 Per Script Cost-of-Care programs Included at no cost Formulary management – outcomes-based formulary Included at no cost Preferred Generics – members pay brand copay plus the cost difference when a generic is available but a brand is selected. Vaccine Program Fee $2.50 Per Occurrence Included at no cost Allows members to purchase certain medications not covered under their plan at a discount. Included at no cost Included Reporting Services Clinical savings reports Included at no cost Standard reporting Included at no cost Web-based client reporting Included at no cost Client Reporting Packages Base Package Included at no cost Access to Rx Guide (unlimited) All custom reporting requests are billable at $150 per hour rate Specialty Pharmacy Services Comprehensive specialty pharmacy and individualized member support services Included at no cost Specialty pharmacy call center with toll-free number Included at no cost Specialty pharmacy claims processing Included at no cost Specialty pharmacy regular shipping and handling Included at no cost Therapy-specific counseling Included at no cost Additional Services and Programs Custom/Ad-hoc requests We include the first 20 hours included at no charge. After 20 hours per year, the charge is $150 per hour of time needed to generate a custom or ad-hoc report. Member Communications for programs including the following:$1.30 per letter Non-FDA approved drug block disruption letters (optional based on client choice) Re-labeler program (optional based on client choice) Clinical Equivalent Drug List (CEDL) disruption letters (optional based on client choice) New Implementation Formulary Disruption Letters (optional based on client choice) Controlled Substance Utilization Management (CSUM) Retrospective—Monitors overuse of controlled substances Included at no cost Safety Communications, Drug Recalls and Withdrawals Included at no cost Alerts Members and Prescribers to safety concerns about the medications they are taking and prescribing. Included at no cost This review focuses mainly on drugs that may have risk of serious side effects or dangerous drug interactions, high potential for incorrect use or abuse, better alternatives that may cost less, or restrictions for use with very specific conditions. The Rx Care Nexus program includes a guaranteed return on investment (ROI) of 2:1 based on savings from improved adherence, conversion of targeted drugs to lower cost solutions, and medication management. If the ROI is less than 2:1, then PBM will credit additional savings to the extent necessary to make the ROI ratio 2:1. However, the credit will not exceed the value of the program fee paid for the year. Proactive PAs apply integrated medical and pharmacy data, where a member’s diagnosis from medical claims are incorporated into the pharmacy claim system to seamlessly approve PAs where diagnoses are required. During adjudication, the Proactive PA rules evaluate the member’s diagnosis from medical claims for the presence of a diagnosis code representing a condition for which a traditional utilization review is not needed to authorize the medication. If the diagnosis is present, the claim will pay at point-of-sale rather than rejecting for PA required. Step therapy requires the member to use one medication before benefits for the use of another medication can be authorized. Step therapy ensures members have previously used first-line therapies or have risk factors making the prescribed products inappropriate. Quantity limits guard against high doses and excessive utilization based on either doses exceeding the FDA or manufacturer recommended maximum daily doses or limiting short-term medications to a certain number of fills over a defined period of time. Utilizes point-of-service safety edits (for Specialty and non-Specialty Products) to monitor: IngenioRx’s digital-first clinical care management solution, which includes the standard core clinical programs and expanded scope of chronic conditions managed, focuses on identifying potential gaps in pharmacy care related to adherence, appropriate use, medication compliance, safety, cost savings on generics and formulary alternatives. This program concentrates on addressing actionable clinical opportunities for individual members who are identified as at-risk. Interventions are conducted through multiple outreach channels including a variety of digital capabilities such as LiveHealth Online. Specialty Cost Optimization Program Comprehensive management of medical specialty utilization and spend and ensuring appropriate, quality care. Generic Drug Management Prescription Drug Discount Program for Non-Covered Drugs Specialty Condition Management - Standard Offers specialized Member support and resources targeting 9 rare medical conditions to all Members using the Specialty Pharmacy after their second fill of a Specialty Product through the Specialty Pharmacy. Conditions: Crohn's disease, cystic fibrosis, Gaucher's disease, hemophilia, hereditary angioedema, lupus, multiple sclerosis, rheumatoid arthritis, and ulcerative colitis. Identifies members who may be over-utilizing controlled substances, prescription cascading, or doctor/pharmacy shopping. Members that meet defined criteria are restricted to the designated home pharmacy. Alerts Members impacted by changes in the Medicare Formulary or Medicaid Formulary due to safety issues (Class I Recalls, Class II Recalls, Market Withdrawals, side- effects) per CMS Requirements and Medicaid Requirements, as applicable. Pharmacy Home Right Drug Right Channel - Consists of two components which drive specialty medications to the most clinically appropriate benefit- medical to pharmacy and pharmacy to medical. Medical Specialty Drug Review: Helps to improve outcomes and manage total cost by applying clinical criteria that optimize dose and ensure clinically appropriate and safe use. Site of Care - Clinical reviews are initiated when certain specialty medications are requested to be administered in an outpatient hospital setting. The review will determine the level of care that is medically necessary. IngenioRx Specialty Cost Optimization Program Year 1 Effective Date:01/01/2023 to 12/31/2023 Total Members:4,585 Total Subscribers:2,255 Total Savings Generated (A)Rebates Generated (B)IngenioRx Shared Savings (C)Net Client Value (A) + (B) - (C) $0.92 $1.10 $0.46 $1.56 PMPM Value Rebates Generated (B) Total Savings Generated (A)$0.92 $0.57 Client IngenioRx $0.04 $0.46 $0.46 $0.29 $0.02 $0.46 $1.10 $1.10 Your net rebates (B) - (C)$0.64 $0.64 $1.56 $76,800 $187,200 * Savings shown above are illustrative; Actual savings may vary AUGUSTA-RICHMOND COUNTY $1.10Site of Care Medical Specialty Drug Review Description This program combines our three most effective specialty cost management solutions into a single offering ensuring comprehensive management of medical specialty utilization and spend. IngenioRx Shared Savings (C): Rebates Generated (B)Rebates Generated (B): Net Medical Rebate value due to client: What's Included & How does it Work: - Right Drug Right Channel - Optimizes value by aligning coverage to the benefit that offers the best clinical and cost management opportunities. - Medical Specialty Drug Review - Helps to improve outcomes and manage total cost by applying clinical criteria that optimize dose and ensure clinically appropriate and safe use. - Site of Care - Manages costs by guiding members to clinically appropriate, cost-effective sites of care. - Medical Rebates - Anthem will share in 100% of medical rebates received through the medical plan. Each year, IngenioRx will pass back up to 100% of medical rebates less IngenioRx's share of program savings generated during that same period. - Shared Savings - Anthem will share in 50% of the program savings up to a maximum of $0.50 per member per month. IngenioRx will retain medical rebate value equal to its share of program savings. If the shared savings exceed the rebate value, groups will not be liable for the difference. Member Experience: The clinical management solutions that make up the specialty cost optimization program are largely provider driven. However, in an effort to help members better understand their benefits, we use a variety of member-focused engagement strategies that are designed to educate them on their care and how their benefits are being applied. Example for client with 10,000 members Total Savings Generated (A) $0.92 Net Client Value (A) + (B) - (C) Net Rebates (Total $) Net Value (Total $) Right Drug Right Channel Med to Rx Right Drug Right Channel Rx to Med Include this page Pharmacy Operational Performance Guarantees Effective:01/01/2023 - 12/31/2027 Total eligible employees:2,255 Performance Category Guarantee Reporting Period Reporting Level Allocation Annual Amount at Risk Claims Processing - TAT for Member Submitted Claims - No Intervention Required We will process member submitted claims not requiring intervention within 5 business days.Quarterly LOB 9.09%$4,545.00 Claims Processing - TAT for Member Submitted Claims - Intervention Required We will process member submitted claims with issues or requiring intervention within 10 business days.Quarterly LOB 9.09%$4,545.00 Member Services - Phone Abandonment Rate The abandonment rate for inbound calls to the toll-free Customer Care line will not exceed 2.00%.Quarterly LOB 9.09%$4,545.00 Member Services - Phone Speed of Answer For inbound calls to PBM’s Member Services customer service lines that are supporting IngenioRx, PBM shall answer 100.00% of inbound calls within an average of 25 seconds (including calls routed to an IVR). Quarterly LOB 9.09%$4,545.00 Member Services - Call Blockage Our call blockage rate for the toll-free Customer Care line will not exceed 0.00%. Our carrier will have a call blockage rate of no more than 1.00%, provided that in no case will we permit the carrier to block calls. Quarterly LOB 9.09%$4,545.00 PBM Mail Order Pharmacy - Dispensing Accuracy Our home delivery pharmacies will dispense prescriptions accurately (ensuring correct drug, correct strength, correct dosage form, correct labeling and correct member) for at least 99.995%of all prescriptions dispensed. Quarterly LOB 9.09%$4,545.00 PBM Mail Order Pharmacy - TAT - No Intervention Required Our home delivery pharmacies will dispense and ship 100.00% of all clean (not requiring intervention or clarification) prescriptions for covered drugs to members within an average of 1 business day. Quarterly LOB 9.09%$4,545.00 PBM Mail Order Pharmacy - TAT - Intervention Required Our home delivery pharmacies will dispense and ship 100.00% of all non-clean (requiring intervention or clarification) prescriptions for covered drugs to members within an average of 4 business days. Quarterly LOB 9.09%$4,545.00 PBM Specialty Pharmacy - On-time Delivery of Scheduled Orders Our Specialty Pharmacy will deliver at least 99.25% of scheduled orders on time.Quarterly LOB 9.09%$4,545.00 Pharmacy Network - Pharmacy Access - 98.50% of members in urban areas shall have 1 participating pharmacy within 1 miles of their residence; - 98.50% of members in suburban areas shall have 1 participating pharmacy within 3 miles of their residence; - 98.50% of Members in rural areas shall have 1 participating pharmacy within 10 miles of their residence; - Standards are contingent upon a pharmacy existing within the access standard. Annually LOB 9.09%$4,545.00 System - Claims Processing System Availability Our online claims processing system will be available to accept and process claims at least 99.98% of the time, excluding any system maintenance periods. Quarterly LOB 9.09%$4,545.00 AUGUSTA-RICHMOND COUNTY Request for Proposals Request for Proposals will be received at this office until Tuesday, April 19, 2022 @ 11:00 a.m. via ZOOM Meeting ID: 876 4389 1257; Passcode: 383736 for furnishing RFP Item # 22-247 Self-Funded Health Insurance Services (Administrative Services) for Augusta, GA – Human Resources Department RFPs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 RFP documents may be viewed on the Augusta Georgia web site under the Procurement Department ARCbid. RFP documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901 (706- 821-2422). Pre-Proposal Conference will be held on Tuesday, March 29, 2022 @ 2:00 p.m. via ZOOM – Meeting ID: 881 9030 0679; Passcode:857466 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 Thursday, March 31, 2022 @ 5:00 P.M. No RFP will be accepted by fax or email, all must be received by mail or hand delivered. No RFP may be withdrawn for a period of 90 days after bids have been opened, pending the execution of contract with the successful bidder(s). Request for proposals (RFP) and specifications. An RFP 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 request for proposal 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 waivable 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 RFP number on the outside of the envelope. GEORGIA E-Verify and Public Contracts: The Georgia E-Verify law requires contractors and all sub-contractors on Georgia public contract (contracts with a government agency) for the physical performance of services over $2,499 in value to enroll in E-Verify, regardless of the number of employees. They may be exempt from this requirement if they have no employees and do not plan to hire employees for the purpose of completing any part of the public contract. Certain professions are also exempt. All requests for proposals issued by a city must include the contractor affidavit as part of the requirement for their bid to be considered. Proponents are cautioned that acquisition of RFP documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFP documents from unauthorized sources places the proponent at the risk of receiving incomplete or inaccurate information upon which to base their qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov GERI A. SAMS, Procurement Director Publish: Augusta Chronicle March 3, 10, 17, 24, 2022 Metro Courier March 3, 2022 Revised: 3/22/21 OFFICIAL VENDORS Attachment "B" E-Verify Number Addendum #1 SAVE Form Original 9 Copies Fee Proposal AETNA LIFE INSURANCE COMPANY 151 FARMINGTON AVE. HARTFORD, CT 06156 Yes 47479 Yes Yes Yes Yes Yes ANTHEM BLUE CROSS BLUE SHIELD (BLUE CROSS BLUE SHIELD HEALTHCARE PLAN OF GA., INC. 740 W. PEACHTREE ST N W ATLANTA, GA 30308 Yes 364538 Yes Yes Yes Yes Yes HUMANA 500 WEST MAIN STREET LOUISVILLE, KY 40202 Yes 1306931 Yes Yes Yes Yes Yes RFP Opening - RFP Item # 22-247 Self-Funded Health Insurance Services (Administrative Services) for Augusta, GA – Human Resources Department RFP Date: Tuesday, April 19, 2022 @ 11:00 a.m. Total Number Specifications Mailed Out: 44 Total Number Specifications Download (Demandstar): 172 Total Electronic Notifications (Demandstar): 7 Georgia Procurement Registry: 897 Pre-Proposal Conference: 24 Total packages submitted: 3 Total Noncompliant: 0 Page 1 of 1 6 Ability to meet all RFP requirements (stop loss & PBM proposals provided)4.7 4.8 4.7 28.0 29.0 28.0 3 Flexibility in custom benefit plan 3.4 4.9 4.7 10.1 14.6 14.0 3 Creative/Innovative Solutions 3.5 4.9 3.5 10.6 14.6 10.6 12 11.6 14.6 12.9 0 48.7 58.2 52.6 8 Reporting capabilities 4.7 4.1 4.3 37.3 32.5 34.1 4 Claim processing accuracy 3.9 4.8 3.9 15.5 19.3 15.5 3 Claim processing timeliness 3.5 4.8 3.6 10.5 14.5 10.9 2 Claim processing systems 4.7 4.9 4.7 9.3 9.7 9.3 4 Service/performance guarantees 0.0 0.0 0.0 0.0 0.0 0.0 7 Account Management – Staff Level/Experience 3.9 4.8 3.4 27.1 33.4 23.8 3 Employer/Member Services 4.7 3.9 3.5 14.0 11.6 10.6 3 Wellness Resources 4.3 3.3 3.2 13.0 10.0 9.6 3 Disease Management Programs 4.7 5.0 3.5 14.0 14.9 10.6 3 Access to Providers (Network)4.5 5.0 0.0 13.5 15.0 0.0 4 Network Discounts 3.8 4.9 2.8 15.1 19.7 11.0 3 Technological Capabilities 3.7 4.8 3.7 11.1 14.5 11.1 2 Communication materials 4.8 4.8 4.8 9.7 9.7 9.7 49 51.1 55.1 41.4 0 190.1 204.8 156.2 1 External Vendors – Value & Ease of doing business 4.7 4.7 4.7 4.7 4.7 4.7 1 1.0 1.0 1.0 0 4.7 4.7 4.7 10 Ability to integrate data with On-Site Clinic vendor 4.3 4.3 3.3 43.3 43.3 33.3 5 Ability to work with On-Site Clinic creating DM & Wellness Initiative 4.5 3.7 2.3 22.5 18.3 11.7 15 8.8 8.0 5.7 0 65.8 61.7 45.0 8 Experience related to performance of requested services 4.0 4.0 4.0 32.0 32.0 32.0 3 Financial/Administrative Stability 4.0 4.0 4.0 12.0 12.0 12.0 3 RFP Quality/Completeness 4.0 4.0 4.0 12.0 12.0 12.0 4 Character, Reputation, References 4.0 4.0 4.0 16.0 16.0 16.0 5 Overall Value Proposition 4.0 4.0 4.0 20.0 20.0 20.0 23 20.0 20.0 20.0 0 92.0 92.0 92.0 100 Cumulative Total (Total Possible Score 500)96.1 102.4 84.6 0 401.3 421.3 350.4 RFP 22-247 Self Funded Medical Service (Administrative Services) – Evaluation Sheet Stage 1 (55%)(Must have a raw score of 100 or higher and weighted score of 380 or higher to be considered further) General Description Rating Weighted Score Scale 0 (Low) to 5 (High) Factor Points AETNA LIFE INSURANCE COMPANY 151 FARMINGTON AVE. HARTFORD, CT 06156 ANTHEM BLUE CROSS BLUE SHIELD (BCBS HEALTHCARE PLAN of GA., INC. 740 W. PEACHTREE ST N W ATLANTA, GA 30308 HUMANA 500 WEST MAIN STREET LOUISVILLE, KY 40202 ANTHEM BLUE CROSS BLUE SHIELD (BCBS HEALTHCARE PLAN of GA., INC. 740 W. PEACHTREE ST N W ATLANTA, GA 30308 HUMANA 500 WEST MAIN STREET LOUISVILLE, KY 40202 AETNA LIFE INSURANCE COMPANY 151 FARMINGTON AVE. HARTFORD, CT 06156 PROGRAM DESIGN PROSPECTIVE CONTRACTOR’S CREDENTIALS AND RESPONSIVENESS Points Total Phase 1 Evaluator: Eval Cumulative Date: 4/28/22 Page 1 of 2 Points On-Site Clinic Integration Points INTEGRATION WITH ADP Points PLAN ADMINISTRATION AND SERVICES Points Points 10 Presentation by Team (Optional)4.7 2.8 46.7 28.3 0.0 5 Q&A Response to Panel Questions (Optional)4.8 4.0 23.8 20.0 0.0 10 a. Lowest Cost/Fee – 10 5.0 0.0 50.0 0.0 6 b. Second 6 5.0 30.0 0.0 0.0 4 c. Third 4 0.0 0.0 0.0 2 d. Fourth 2 0.0 0.0 0.0 1 a. Fifth 1 0.0 0.0 0.0 25 Cumulative Total (Total Possible Score 125)14.4 11.8 0.0 100.4 98.3 0.0 The cumulative evaluation scores will be calculated utilizing the following percentage. Phase 1 is 55% and Phase 2 is 45% = Total possible score 331.25 Phase 2 (45%) (Interview Evaluation Criteria (Optional) Presentation and Q&A Response) Factor (Must have a minimum raw score of 100 and a minimum weighted score of 380 in Stage 1 to be considered in Stage 2) Scale 0 (Low) to 5 (High) Weighted Score General Description Rating Evaluator: Cumulative Date: 4/28/2022 Phase II 5/11/22 Total Phase 2 Total Phase 1 and 2 59.4 114.2 AETNA LIFE INSURANCE COMPANY 151 FARMINGTON AVE. HARTFORD, CT 06156 ANTHEM BLUE CROSS BLUE SHIELD (BCBS HEALTHCARE PLAN of GA., INC. 740 W. PEACHTREE ST N W ATLANTA, GA 30308 HUMANA 500 WEST MAIN STREET LOUISVILLE, KY 40202 AETNA LIFE INSURANCE COMPANY 151 FARMINGTON AVE. HARTFORD, CT 06156 ANTHEM BLUE CROSS BLUE SHIELD (BCBS HEALTHCARE PLAN of GA., INC. 740 W. PEACHTREE ST N W ATLANTA, GA 30308 HUMANA 500 WEST MAIN STREET LOUISVILLE, KY 40202 Procurement DepartmentRepresentative:__________Nancy Williams__________________________________ Procurement Department Completion Date: 4/28/2022 Phase II 5/11/22 Lowest Cost/Fee/ Projected Savings. Proposal (10 points) Enclosed in a separate sealed envelope. Will NOT be disclosed in any part of the RFP 276.0 192.784.6 265.9 Interview Evaluation and Fees 1 FYI: Process Regarding Request for Proposals Sec. 1-10-51. Request for proposals. Request for proposals shall be handled in the same manner as the bid process as described above for solicitation and awarding of contracts for goods or services with the following exceptions: (a) Only the names of the vendors making offers shall be disclosed at the proposal opening. (b) Content of the proposals submitted by competing persons shall not be disclosed during the process of the negotiations. (c) Proposals shall be open for public inspection only after the award is made. (d) Proprietary or confidential information, marked as such in each proposal, shall not be disclosed without the written consent of the offeror. (e) Discussions may be conducted with responsible persons submitting a proposal determined to have a reasonable chance of being selected for the award. These discussions may be held for the purpose of clarification to assure a full understanding of the solicitation requirement and responsiveness thereto. (f) Revisions may be permitted after submissions and prior to award for the purpose of obtaining the best and final offers. (g) In conducting discussions with the persons submitting the proposals, there shall be no disclosure of any information derived from the other persons submitting proposals. Sec. 1-10-52. Sealed proposals. (a) Conditions for use. In accordance with O.C.G.A. § 36-91-21(c)(1)(C), the competitive sealed proposals method may be utilized when it is determined in writing to be the most advantageous to Augusta, Georgia, taking into consideration the evaluation factors set forth in the request for proposals. The evaluation factors in the request for proposals shall be the basis on which the award decision is made when the sealed proposal method is used. Augusta, Georgia is not restricted from using alternative procurement methods for 2 obtaining the best value on any procurement, such as Construction Management at Risk, Design/Build, etc. (b) Request for proposals. Competitive sealed proposals shall be solicited through a request for proposals (RFP). (c) Public notice. Adequate public notice of the request for proposals shall be given in the same manner as provided in section 1-10- 50(c)(Public Notice and Bidder's List); provided the normal period of time between notice and receipt of proposals minimally shall be fifteen (15) calendar days. (d) Pre-proposal conference. A pre-proposal conference may be scheduled at least five (5) days prior to the date set for receipt of proposals, and notice shall be handled in a manner similar to section 1-10-50(c)-Public Notice and Bidder's List. No information provided at such pre-proposal conference shall be binding upon Augusta, Georgia unless provided in writing to all offerors. (e) Receipt of proposals. Proposals will be received at the time and place designated in the request for proposals, complete with bidder qualification and technical information. No late proposals shall be accepted. Price information shall be separated from the proposal in a sealed envelope and opened only after the proposals have been reviewed and ranked. The names of the offerors will be identified at the proposal acceptance; however, no proposal will be handled so as to permit disclosure of the detailed contents of the response until after award of contract. A record of all responses shall be prepared and maintained for the files and audit purposes. (f) Public inspection. The responses will be open for public inspection only after contract award. Proprietary or confidential information marked as such in each proposal will not be disclosed without written consent of the offeror. (g) Evaluation and selection. The request for proposals shall state the relative importance of price and other evaluation factors that will be used in the context of proposal evaluation and contract award. (Pricing proposals will not be opened until the proposals have been reviewed and ranked). Such evaluation factors may include, but not be limited to: (1) The ability, capacity, and skill of the offeror to perform the contract or 3 provide the services required; (2) The capability of the offeror to perform the contract or provide the service promptly or within the time specified, without delay or interference; (3) The character, integrity, reputation, judgment, experience, and efficiency of the offeror; (4) The quality of performance on previous contracts; (5) The previous and existing compliance by the offeror with laws and ordinances relating to the contract or services; (6) The sufficiency of the financial resources of the offeror relating to his ability to perform the contract; (7) The quality, availability, and adaptability of the supplies or services to the particular use required; and (8) Price. (h) Selection committee. A selection committee, minimally consisting of representatives of the procurement office, the using agency, and the Administrator's office or his designee shall convene for the purpose of evaluating the proposals. (i) Preliminary negotiations. Discussions with the offerors and technical revisions to the proposals may occur. Discussions may be conducted with the responsible offerors who submit proposals for the purpose of clarification and to assure full understanding of, and conformance to, the solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussions and revision of proposals and such revisions may be permitted after submission and prior to award for the purpose of obtaining best and final offers. In conducting discussions, there shall be no disclosure of information derived from proposals submitted by competing offerors. (j) From the date proposals are received by the Procurement Director through the date of contract award, no offeror shall make any substitutions, deletions, 4 additions or other changes in the configuration or structure of the offeror’s teams or members of the offeror’s team. (k) Final negotiations and letting the contract. The Committee shall rank the technical proposals, open and consider the pricing proposals submitted by each offeror. Award shall be made or recommended for award through the Augusta, Georgia Administrator, to the most responsible and responsive offeror whose proposal is determined to be the most advantageous to Augusta, Georgia, taking into consideration price and the evaluation factors set forth in the request for proposals. No other factors or criteria shall be used in the evaluation. The contract file shall contain a written report of the basis on which the award is made/recommended. The contract shall be awarded or let in accordance with the procedures set forth in this Section and the other applicable sections of this chapter. Request for Proposals Request for Proposals will be received at this office until Tuesday, July 5, 2022 @ 3:00 p.m. via ZOOM Meeting ID: 844 0014 6489; Passcode: 312516 for furnishing RFP Item # 22-236 Self-Funded Pharmacy Benefits Manager (PBM) for Augusta, GA – Human Resources Department RFPs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 RFP documents may be viewed on the Augusta Georgia web site under the Procurement Department ARCbid. RFP documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901 (706- 821-2422). Pre-Proposal Conference will be held on Monday, June 13, 2022 @ 2:00 p.m. via ZOOM – Meeting ID: 850 7975 2135; Passcode: 483994 All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Tuesday, June 14, 2022 @ 5:00 P.M. No RFP will be accepted by fax or email, all must be received by mail or hand delivered. No RFP may be withdrawn for a period of 90 days after bids have been opened, pending the execution of contract with the successful bidder(s). Request for proposals (RFP) and specifications. An RFP 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 request for proposal 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 waivable 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 RFP number on the outside of the envelope. GEORGIA E-Verify and Public Contracts: The Georgia E-Verify law requires contractors and all sub-contractors on Georgia public contract (contracts with a government agency) for the physical performance of services over $2,499 in value to enroll in E-Verify, regardless of the number of employees. They may be exempt from this requirement if they have no employees and do not plan to hire employees for the purpose of completing any part of the public contract. Certain professions are also exempt. All requests for proposals issued by a city must include the contractor affidavit as part of the requirement for their bid to be considered. Proponents are cautioned that acquisition of RFP documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFP documents from unauthorized sources places the proponent at the risk of receiving incomplete or inaccurate information upon which to base their qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov GERI A. SAMS, Procurement Director Publish: Augusta Chronicle May 19, 26, 2022 and June 2, 9, 2022 Metro Courier May 19, 2022 Revised: 3/22/21 OFFICIAL VENDORS Attachment "B" Addendum 1 E-Verify Number SAVE Form Original 9 Copies Fee Proposal Script Care 6380 Folsom Dr. Beaumont, TX 77706 Yes Yes 861066 Yes Yes Yes Yes Prescriptive Health Inc. 8620 154th Ave NE STE 100 Richmond, WA 98052 Yes Yes No Non Compliant Yes Yes Yes Yes OptumRx Inc 1600 McConnor Parkway Schaumburg, IL 60173 Yes Yes 438670 Yes Yes Yes Yes Humana 500 W. Main St. Louisville, KY 40202 Yes Yes 1306931 Yes Yes Yes Yes AETNA 151 Farmington Ave Hartford, CT 06156 Yes Yes 47479 Yes Yes Yes Yes Serve You Rx 10201 W. Innovation Dr. Suite 600 Milwaukee, WI 53226 Yes Yes 1396773 Yes Yes Yes Yes Magellan Rx Management 4801 East Washington St. Suite 100 Phoenix, AZ 85034 Yes No Non- Compliant 43808 Yes Yes Yes Yes Elixir Solutions 8921 Canyon Falls Blvd. Suite 100 Twinsburg, OH 44087 Yes Yes 976128 Yes Yes Yes Yes Anthem Blue Cross and Blue Shield 740 West Peachtree Street NW Atlanta, GA 30308 Yes Yes 364538 Yes Yes Yes Yes Total Number Specifications Mailed Out: 28 Total Number Specifications Download (Demandstar): 7 Total Electronic Notifications (Demandstar): 158 Georgia Procurement Registry: 1175 Total packages submitted: 9 Total Noncompliant: 2 RFP Opening - RFP Item #22-236 Self-Funded Pharmacy Benefits Manager for Augusta, GA – Human Resource Department Date: Wednesday, July 13, 2022 @ 3:00 p.m. via ZOOM Page 1 of 1 6 Ability to meet all RFP requirements 4 5 0 5 4 4 5 3 Flexibility in custom benefit plan 5 4 0 4 4 4 4 3 Creative/Innovative Solutions 5 3 0 3 5 3 3 12 14 12 0 12 13 11 12 0 0 0 8 Reporting capabilities 4 5 0 4 3 3 4 4 Claim processing accuracy 5 5 0 5 5 5 5 3 Claim processing timeliness 5 5 0 5 5 5 5 2 Claim processing systems 5 5 0 5 5 5 5 4 Service/performance guarantees 3 5 0 3 1 5 3 7 Account Management – Staff Level/Experience 3 4 0 3 4 4 4 3 Employer/Member Services 3 4 0 5 3 3 5 3 Network 2 1 0 5 4 5 5 3 Formulary 3 1 0 5 1 5 3 3 Mail Order 3 5 0 5 3 3 5 4 Generic 5 5 0 5 5 5 5 3 Technological Capabilities 4 5 0 5 5 5 5 2 Communication materials 4 4 0 4 4 2 2 49 49 54 0 59 48 55 56 0 0 0 1 External Vendors – Value & Ease of doing business 5 5 0 5 5 5 5 1 5 5 0 5 5 5 5 0 0 0 10 Ability to integrate data with On-Site Clinic vendor 4 3 0 3 4 3 4 5 Ability to work with On-Site Clinic creating DM Initiative 3 3 0 3 4 3 4 15 7 6 0 5 8 4 8 0 0 0 8 Experience related to performance of requested services 4 5 0 5 4 2 5 3 Financial/Administrative Stability 3 5 0 3 3 5 5 3 RFP Quality/Completeness 3 3 0 4 4 5 3 4 Character, Reputation, References 3 4 0 4 4 4 4 5 Overall Value Proposition 4 4 0 4 4 4 5 23 17 21 0 20 19 20 22 0 0 0 100 Cumulative Total (Total Possible Weighted Score 500)92 98 0 101 93 95 103 0 0 0 Evaluator: Cumulative Eval Date: 8/17/22 - Phase I Page 1 of 4 8/26/22 Phase II Rating RFP 22-236 Self Funded Pharmacy Benefits Manager (PBM) – Evaluation Sheet - Page 1 Stage 1 (55%)(Must have a raw score of 100 or higher and weighted score of 400 or higher to be considered further) Scale 0 (Low) to 5 (High) Factor Points Script Care 6380 Folsom Dr. Beaumont, TX 77706 OptumRx Inc 1600 McConnor Parkway Schaumburg, IL 60173 Prescriptive Health Inc. 8620 154th Ave NE STE 100 Richmond, WA 98052 Humana 500 W. Main St. Louisville, KY 40202 AETNA 151 Farmington Ave Hartford, CT 06156 Serve You Rx 10201 W. Innovation Dr. Suite 600 Milwaukee, WI 53226 Magellan Rx Management 4801 East Washington St. Suite 100 Phoenix, AZ 85034 Anthem Blue Cross and Blue Shield 740 West Peachtree Street NW Atlanta, GA 30308 Elixir Solutions 8921 Canyon Falls Blvd. Suite 100 Twinsburg, OH 44087 PROGRAM DESIGN PROSPECTIVE CONTRACTOR’S CREDENTIALS AND RESPONSIVENESS Points Total Phase 1 Points On-Site Clinic Integration Points INTEGRATION WITH ADP Points PLAN ADMINISTRATION AND SERVICES Points Non-Compliant Non-Compliant General Description 10 Presentation by Team (Optional) 5 Q&A Response to Panel Questions (Optional) 15 10 a. Lowest Cost/Fee – 10 5 6 b. Second 6 5 4 c. Third 4 5 2 d. Fourth 2 1 a. Fifth 1 25 Cumulative Total (Total Possible Score 125)0 5 0 5 0 0 5 0 0 The cumulative evaluation scores will be calculated utilizing the following percentage. Phase 1 is 55% and Phase 2 is 45% = Total possible score 331.25 56.15 Factor Points Script Care 6380 Folsom Dr. Beaumont, TX 77706 OptumRx Inc 1600 McConnor Parkway Schaumburg, IL 60173 Prescriptive Health Inc. 8620 154th Ave NE STE 100 Richmond, WA 98052 General Description Rating Humana 500 W. Main St. Louisville, KY 40202 AETNA 151 Farmington Ave Hartford, CT 06156 Serve You Rx 10201 W. Innovation Dr. Suite 600 Milwaukee, WI 53226 Elixir Solutions 8921 Canyon Falls Blvd. Suite 100 Twinsburg, OH 44087 Anthem Blue Cross and Blue Shield 740 West Peachtree Street NW Atlanta, GA 30308 Magellan Rx Management 4801 East Washington St. Suite 100 Phoenix, AZ 85034 Scale 0 (Low) to 5 (High) 0 Interview Evaluation and Fees 0 57.8 51.15 52.25 58.9 Total Phase 2 Total Phase 1 and 2 50.6 0 Lowest Cost/Fee/ Projected Savings. Proposal (10 points) Procurement Department Completion Date: 8/17/22 - Phase I 8/26/22 Phase II Evaluator: Cumulative Date: 8/17/22 - Phase I 8/26/22 Phase II Page 2 of 4 Procurement Department Representative:____Nancy Williams_________________________________________ (Must have a minimum raw score of 100 and a minimum weighted score of 400 in Stage 1 to be considered in Stage 2) Phase 2 (45%) - Page 2 (Interview Evaluation Criteria (Optional) Presentation and Q&A Response) 30 Ability to meet all RFP requirements 24 30 0 30 24 24 30 15 Flexibility in custom benefit plan 15 12 0 12 12 12 12 15 Creative/Innovative Solutions 15 9 0 9 15 9 9 Points 60 54 51 0 51 51 45 51 40 Reporting capabilities 32 40 0 32 24 24 32 20 Claim processing accuracy 20 20 0 20 20 20 20 15 Claim processing timeliness 15 15 0 15 15 15 15 10 Claim processing systems 10 10 0 10 10 10 10 20 Service/performance guarantees 12 20 0 12 4 20 12 35 Account Management – Staff Level/Experience 21 28 0 21 28 28 28 15 Employer/Member Services 9 12 0 15 9 9 15 15 Network 6 3 0 15 12 15 15 15 Formulary 9 3 0 15 3 15 9 15 Mail Order 9 15 0 15 9 9 15 20 Generic 20 20 0 20 20 20 20 15 Technological Capabilities 12 15 0 15 15 15 15 10 Communication materials 8 8 0 8 8 4 4 Points 245 183 209 0 213 177 204 210 INTEGRATION WITH ADP 5 External Vendors – Value & Ease of doing business 5 5 0 5 5 5 5 Points 5 5 5 0 5 5 5 5 50 Ability to integrate data with On-Site Clinic vendor 40 30 0 30 40 30 40 25 Ability to work with On-Site Clinic creating DM Initiative 15 15 0 15 20 15 20 Points 75 55 45 0 45 60 45 60 40 Experience related to performance of requested services32 40 0 40 32 16 40 15 Financial/Administrative Stability 9 15 0 9 9 15 15 15 RFP Quality/Completeness 9 9 0 12 12 15 9 20 Character, Reputation, References 12 16 0 16 16 16 16 25 Overall Value Proposition 20 20 0 20 20 20 25 Points 115 82 100 0 97 89 82 105 Total Weighted Value Phase I Cumulative Total (Total Possible Weighted Score 500)379 410 0 411 382 381 431 Evaluator: Cumulative Date: 8/17/22 - Phase I Page 3 of 4 8/26/22 Phase II Weighted Score Stage 1 (55%)(Must have a raw score of 100 or higher and weighted score of 400 or higher to be considered further) RFP 22-236 Self Funded Pharmacy Benefits Manager (PBM) – Evaluation Sheet - Page 3 OptumRx Inc 1600 McConnor Parkway Schaumburg, IL 60173 Script Care 6380 Folsom Dr. Beaumont, TX 77706 Anthem Blue Cross and Blue Shield 740 West Peachtree Street NW Atlanta, GA 30308 Prescriptive Health Inc. 8620 154th Ave NE STE 100 Richmond, WA 98052 PROGRAM DESIGN PLAN ADMINISTRATION AND SERVICES Humana 500 W. Main St. Louisville, KY 40202 AETNA 151 Farmington Ave Hartford, CT 06156 Serve You Rx 10201 W. Innovation Dr. Suite 600 Milwaukee, WI 53226 Elixir Solutions 8921 Canyon Falls Blvd. Suite 100 Twinsburg, OH 44087 ON-SITE CLINIC INTEGRATION PROSPECTIVE CONTRACTOR'S CREDENTIALS AND RESPONSIVENESS Factor General Description Points Magellan Rx Management 4801 East Washington St. Suite 100 Phoenix, AZ 85034 50 Presentation by Team - 50 0 0 0 0 0 0 0 25 Q&A Response - 25 0 0 0 0 0 0 0 50 a. Lowest Cost/Fee – 50 0 0 0 0 0 0 50 30 b. Second 30 0 30 0 0 0 0 0 20 c. Third 20 0 0 0 20 0 0 0 10 d. Fourth 10 0 0 0 0 0 0 0 5 a. Fifth 5 0 0 0 0 0 0 0 Total Weighted Value Phase II 50 0 30 0 20 0 0 50 The cumulative evaluation scores will be calculated utilizing the following percentage. Phase 1 is 55% and Phase 2 is 45% = Total possible score 331.25 (Interview Evaluation Criteria (Optional) Presentation and Q&A Response) Phase 2 (45%) - Page 4 Weighted Score OptumRx Inc 1600 McConnor Parkway Schaumburg, IL 60173 Magellan Rx Management 4801 East Washington St. Suite 100 Phoenix, AZ 85034 Script Care 6380 Folsom Dr. Beaumont, TX 77706 208.45 FACTOR INTERVIEW EVALUATION AND FEES Total Wighted Value Phase I and 2 Humana 500 W. Main St. Louisville, KY 40202 AETNA 151 Farmington Ave Hartford, CT 06156 Serve You Rx 10201 W. Innovation Dr. Suite 600 Milwaukee, WI 53226 Elixir Solutions 8921 Canyon Falls Blvd. Suite 100 Twinsburg, OH 44087 259.55239 Procurement Department Completion Date: 8/17/22 - Phase I 8/26/22 Phase II Points General Description Lowest Cost/Fee/ Projected Savings. Proposal (50 points Maximum) 0 235.05 210.1 209.55 Evaluator: Cumulative Date: 8/17/22 - Phase I 8/26/22 Phase II Page 4 of 4 Procurement Department Representative: Nancy Williams Anthem Blue Cross and Blue Shield 740 West Peachtree Street NW Atlanta, GA 30308 Prescriptive Health Inc. 8620 154th Ave NE STE 100 Richmond, WA 98052 (Must have a minimum raw score of 100 and a minimum weighted score of 400 in Stage 1 to be considered in Stage 2) Commission Meeting Agenda 10/4/2022 2:00 PM Medical and RX benefits Contract Department:HR Department Department:HR Department Caption:Motion to provide an update to Commission on Augusta’s Benefits Plan and approval/authorization to execute an agreement with Anthem Blue Cross Blue Shield for a three year period. Background:The current self-funded medical contract with Anthem and self-funded pharmacy benefits manager services with Magellan Rx Management are due to expire on 12/31/2022 and we have exhausted all renewable options. RFP # 22-247 was let for self-funded health insurance contract and RFP #22-236 Self-funded pharmacy benefits manager. Analysis:RFP #22-247 for self-funded health insurance resulted in a total of three compliant submittals. The selection committee scored the RFP's and narrowed the search down to two vendors who were brought in for finalist presentation. Of the two vendors, Anthem scored the highest number of points. We entered into negotiations with Anthem. RFP #22-236 for self- funded pharmacy benefits manage resulted in a total of nine submittals of which seven were compliant. The selection committee scored the RFP's. Three vendors received a the minimum scores to continue to Phase II which includes a review of their financial proposal. Anthem scored the highest number of points. We entered into negotiations with Anthem. Financial Impact:Project 2023 Health Care Costs: Health Claims - $20.9 milli0n Pharmacy Claims - $5.9 million Administrative Costs and Stop Loss - $3.1 million total Cost $29.9 million Employee Portion - $7.4 million Employer Portion $22.5 million Alternatives:go back the market by initiating another RFP. Recommendation:Approve awarding the final negotiated contract to Anthem Blue Cross and Blue Shield/IngenioRx. Funds are Available in the Following Accounts: Fund 616 REVIEWED AND APPROVED BY: A RESOLUTION OF THE AUGUSTA-RICHMOND COUNTY BOARD OF COMMISSIONERS ADOPTING THE FORT GORDON REGIONAL GROWTH MANAGEMENT PLAN WHEREAS, The CSRA Regional Commission led the development of the Fort Gordon Regional Growth Management Plan. WHEREAS, The Fort Gordon Regional Growth Management Plan represents an important step in planning for recent and future growth at Fort Gordon to ensure Augusta-Richmond County can accommodate growth while maintaining its quality of life. WHEREAS, Augusta-Richmond County has a long tradition of coordinated regional planning with communities around Fort Gordon. WHEREAS, Fort Gordon is an integral part of the Augusta Metropolitan Area and the Augusta-Richmond County Board of Commissioners favors adopting strategies to ensure accommodating its continued growth. NOW, THEREFORE, BE IT RESOLVED that the Augusta-Richmond County Board of Commissioners adopts the Fort Gordon Regional Growth Management Plan. Adopted this _____ day of _____________________, 2022 _______________________________________ (Chair) ATTEST: ________________________________________ (Clerk) A RESOLUTION OF THE AUGUSTA RICHMOND COUNTY BOARD OF COMMISSIONERS ADOPTING THE FORT GORDON JOINT LAND USE STUDY WHEREAS, The Augusta Richmond County Board of Commissioners, the governing authority of Augusta Richmond County, has participated in developing the Fort Gordon Joint Land Use Study. WHEREAS, The Fort Gordon Joint Land Use Study is the result of a cooperative planning effort among Fort Gordon and Augusta-Richmond, Columbia, Jefferson and McDuffie Counties. WHEREAS, The Fort Gordon Joint Land Use Study was prepared in consultation with community stakeholders. WHEREAS, Fort Gordon and Augusta-Richmond, Columbia, Jefferson and McDuffie Counties have a long tradition of coordinated planning. WHEREAS, Fort Gordon is an integral part of the CSRA and the Augusta Richmond County Board of Commissioners favors adopting policies to ensure Fort Gordon's operating environment is preserved. NOW, THEREFORE, BE IT RESOLVED by the Augusta Richmond County Board of Commissioners adopts the Fort Gordon Joint Land Use Study. Adopted thiBfl day of ~ M~ ~ u--------- 2006 ATTEST: d!f!lffJ/~C erk) Commission Meeting Agenda 10/4/2022 2:00 PM Resolution of Support Fort Gordon Growth Management Plan Department:Mayor's Office Department:Mayor's Office Caption:Motion to adopt Fort Gordon Growth Management plan resolution in support of CSRA Regional Commission. (Requested by Mayor Hardie Davis, Jr. deferred from the September 20, 2022 Commission Meeting) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: I N FORMAT!ON TECHNOTOGY Tameka AIIen Chief Information Offi cer Gary Hewett Officer Deputy Chief Information Officer To: Ms. Geri Sams, Director, Procurement From: Ms. Tameka Allen, CIO, Information T Reggie Horne Deputy Chief Information Officer 'ir*Sri'i5 4;{}li-'ii Date: September 15,2022 Subject: Sole Source Justification for Fister Web Faster Windows is the Fleet Asset Management system currently used by the Central Services Department. Information Technology in conjunction with Central Services has been looking to migrate this application to a new web-based platform known as Faster Web that was previously unavailable when this system was initially implemented. This new platform will provide a better user experience for both Fleet Services and City Departments/Offices. This migration to the new platform will allow for features that currently do not exist to be used across the City. Among those features are a web-based portal that can be used across City Departments to track real-time fuel expenditures, preventative maintenance reports, work orders, and so forth. Additionally, this move to the new platform will allow for a more efficient user interface with better software tools that will assist Fleet Services in comprehensively managing vehicles from initial acquisition planning through disposal. I have attached the quote for this migration. I am requesting Sole Source approval based on the fact that Faster Asset Solutions is the original manufacturer of this application and that there are no other vendors who can provide this service. This migration to Faster Web will be funded from the Central Service s capital budget (27 20 1 6440 - 5 424 I 20\. I am requesting your approval to proceed with this endeavor and require your signature below. This. item will go before Commission for lnal authorization if approved by you. Thank you in advance for your ion and response. a /2o-- Information Technology 535 Telfair Street. Building 2000 Augusta, GA 30901 ('706) 82t-2s22 - FAX (706) 821-2530 www.AugustaGa.gov rector, Procurement Attachment '2a- Print Form z-.a--t -..-GIA Sole Source Justification (Reference Article 6, Procurement Source Selection Methods and Contract Awardso S 1-10-56 SOLE SOURCE PROCUREMENT Vendor:Faster Asqpt Solr rtion<E-Verify Number:)'t)'t0,4 Commodity: Faster Web Estimated annual expenditure for the above commodity or service:s124.17s.00 lnitial all entrieq helow thaf annlv to fhe nronosed purchase. Attach a memorandum containing complete justification and support documentation as directed in initialed entry. (More than one entry will apply to most sole source products/services requested). t.SOLE SOURCE REQUEST IS FOR THE ORIGINAL MANUFACTURER OR PROVIDER, THERE ARE NO REGIONAL DISTRIBUTORS. (Attach the manufacturer's written certification that no regional distributors exist. Item no. 4 also must be completed.) SOLE SOURCE REQUEST IS FOR ONLY THE AUGUSTA GEORGIA AREA DISTRIBUTOR OF THE ORIGINAL MANUFACTURER OR PROVIDER. (Attach the manufacturer's - not the distributor's - written certification that identifies all regional distributors. ltem no. 4 also must be completed.) THE PARTSiEQUIPMENT ARE NOT INTERCHANGEABLE WITH SIMILAR PARTS OF ANOTHER MANUFACTURER. (Explain in separate memorandum.) THIS IS THE ONLY KNOWN ITEM OR SERVICE THAT WILL MEET THE SPECIALIZED NEEDS OF THIS DEPARTMENT OR PERFORM THE INTENDED FUNCTION. (Attach memorandum with details of specialized function or application.) THE PARTS/EQUIPMENT ARE REQUIRED FROM THIS SOURCE TO PERMIT STANDARDIZATION. (Attach memorandum describing basis for standardization request.) NONE OF THE ABOVE APPLY. A DETAILED EXPLANATION AND JUSTIFICATION FOR THIS SOLE SOURCE REQUEST IS CONTAINED IN ATTACHED MEMORANDUM. The undersigned requests that competitive procurement be waived and that the vendor identified as the supplier of the service or material described in this sole source justification be authorized as a sole source for the service or material. Name: 2. x Department Head Approval Aut Technoloqy Date: 9/14/2022 o"t.,{[tq/o.ra+ Date: q/ilurn 3. 4. 5. 6. Administrator Approval: (required - not required) COMMENTS: Rev.09/10/12 fieyuirn s fu7v1vYl,s*bn fuf"'t/''l Date: FASTER Asset Solutions Quote and Proposal Reggie Horne Deputy Chief Information Offic Augusta-Richmond County, GA FASTER Asset Solutions is pleased to submit our proposal, Augusta Richmond County, GA: FASTER Web Migration. FASTER has been in business since 1982 and provides FMIS systems to cities, counties, states, universities, airports, transit, public utilities, and private companies. FASTER is the largest provider of fleet management information systems (FMIS) to municipal governments in North America. We also believe FASTER is a superior choice because of the following key strategic differences in our company. The Most Experienced Staff in the Industry: Seventy percent of FASTER’s technical staff have been with us for more than 10 years. Reference checks will also reveal that no other vendor offers the level of professional technical support staff and responsiveness as FASTER. This results in a better implementation experience along with superior ongoing support, which ultimately results in better system utilization and ROI. FASTER Invests in the Long-Term: No other systems provider offers better systems longevity or a more advanced and stable system. For nearly 40 years now we have continuously improved our system through three generations of technology. FASTER Web is our latest release and includes the ability to deploy as a cloud-based or on-premises system and integrate easily with other software through API technology. We are Product and Service Focused: Likely the most important distinction of our company is that FASTER is product and service focused. Our strategy to continually reinvest in our products, solutions, and staff, allows us to build a reputation with our customers and partners to have industry leading software and the most responsive and knowledgeable support team in the asset management space. Thank you for the opportunity to earn your business. If there is any additional information we can provide, or questions we can answer, please don't hesitate to let us know. Sincerely, Best Regards, John Griffin FASTER Asset Solutions Business Development Manager Direct 757.623.1700 ext 3034 Mobile: 205.515.2167 John.G@fasterasset.com John Griffin john.g@fasterasset.com Quote FASTER Asset Solutions - Quote # 1209 1 / 9 FASTER Asset Solutions 760 Lynnhaven Pkwy, Suite 203 Virginia Beach, VA 23452 United States T: 4023055850 Quote #1209 Date Aug 10, 2022 Expires Aug 31, 2023 Contact John Griffin Prepared for Augusta-Richmond County, GA Reggie Horne 1568 Broad Street Augusta, GA 30904-6009 United States T: 706-821-1571 E: horne@augustaga.gov Augusta Richmond County, GA: FASTER Web Migration One-Time Fees Category Item Qty Price Total LICENSE FASTER WEB CORE LICENSE FEE FASTER WEB Core license fee per standard asset. Standard assets are those originally valued at $5,000 or greater and active). This includes one instance of the FASTER Web Application with one database. Unlimited user access (named accounts) included. 40% Item Discount ($50,310.00) 1677 $75.00 $125,775.00 $75,465.00 FASTER (Code: 001) LICENSE FASTER WEB Non Standard Assets License Fee For non standard assets (initial purchase price <$5,000). Includes setup, license fee, lifetime software updates for customers, first year maintenance and support. Fuel Only assets are also considered non standard regardless of initial purchase price. 40% Item Discount ($4,000.00) 400 $25.00 $10,000.00 $6,000.00 FASTER (Code: 012a) ACCEPT QUOTE Quote FASTER Asset Solutions - Quote # 1209 2 / 9 One-Time Subtotal $137,775.00 Discount ($55,310.00) Annual Support And Maintenance Subtotal $36,155.00 SETUP / INTERFACE Database Management & Setup Migrating Customer Establishment of one FASTER Web instance with a single Database. This setup includes the FASTER Web test environment that will be used during the entire implementation, all database configuration, testing, backup configuration, and validation. Includes 24x7x365 cloud database access. This same environment will be promoted to be the production environment at the time of Go-Live. Backups: Hourly database backups will be conducted to ensure consistent and recoverable backups of the database to restore from in the event of an emergency. Database Backups will be limited to 14 days of recoverability. Backups will also be sent daily to a secure, offsite location Item Discount ($1,000.00) 1 $2,000.00 $2,000.00 $1,000.00 Faster Asset (Code: 620) Category Item Qty Price Total Annual Fees Category Item Qty Price Total SUPPORT and MAINTENANCE FASTER WEB CORE ANNUAL SUPPORT & MAINTENANCE FASTER WEB Core annual support and maintenance fee per standard asset. 1677 $15.00 $25,155.00 FASTER (Code: 001A) SUPPORT and MAINTENANCE FASTER WEB NON STANDARD ANNUAL SUPPORT & MAINTENANCE FASTER WEB Non-Standard Assets annual support and maintenance fee per non-standard asset. 400 $5.00 $2,000.00 FASTER (Code: FWNSALICANN) SUPPORT and MAINTENANCE Database Annual Support and Maintenance Annual fee for support, maintenance, software upgrades, firmware/database management, data storage, and report management. Backups: Hourly database backups will be conducted to ensure consistent and recoverable backups of the database to restore from in the event of an emergency. Database Backups will be limited to 14 days of recoverability. Backups will also be sent daily to a secure, offsite location Includes 24x7x365 cloud database access. 1 $9,000.00 $9,000.00 FASTER (Code: DBMSANN) * Annual Support and Maintenance Fees billing schedules are outlined in the terms and conditions. Quote FASTER Asset Solutions - Quote # 1209 3 / 9 FASTER Web Interface Add-On Solutions One-Time Fees Category Item Qty Price Total SETUP / INTERFACE Fuel Import - Single Vendor (Existing Customer) Single Vendor Fuel Import This is a single vendor fuel import for an existing customer who has been live on a FASTER product for more than 6 months. The import includes 1 (one) of the following options: 1. Import a new fuel vendor fuel transaction file. 2. Import a new fuel file from your existing vendor. FASTER will conduct complete configuration and testing of the fuel file layout and export files (flat files) from the fuel system. Site & Dispenser optional add on is available, if required, to the single vendor fuel import 2 $3,605.00 $7,210.00 FASTER (Code: 301) SETUP / INTERFACE Single Vendor Site and Dispenser Add On This is an optional add-on to the Fuel Import (FI) to enable you to track the specific fuel site and/or fuel dispenser. This optional add on allows configuration to track Inventory Items so fuel imports deplete quantity from inventory. 100% Item Discount ($2,575.00) 1 $2,575.00 $2,575.00 $0.00 Faster Asset (Code: 303) SETUP / INTERFACE Dashboard The Faster Dashboard provides easy access to an at-a-glance overview of key performance indicators and data for your organization. The FASTER Dashboard is designed to give fleets a way to monitor performance, communicate, and make quick decisions about their operations. It comes with 20 Key Performance Indicators (KPIs) charts within the Dashboard Add- on, which includes the 8 module landing charts available within FASTER Web which can also be accessed via the Dashboard for one convenient high level overview. 100% Item Discount ($10,300.00) 1 $10,300.00 $10,300.00 $0.00 FASTER (Code: 207nc) Quote FASTER Asset Solutions - Quote # 1209 4 / 9 One-Time Subtotal $20,085.00 Discount ($12,875.00) Annual Support And Maintenance Subtotal $4,017.00 SETUP / INTERFACE Barcoding Add-On Setup Optional The FASTER Barcoding Add-on provides the ability to scan and print labels on customer provided hardware. This module allows for ease of data entry as well as inventory control. Beneficial add on for use with in-house numbering system. OEM labels may be used effectively as well. Simplifies inventory and intake processes for inventory items and storerooms. Quickly scan incoming inventory with 2D or Symbology – Code 128 barcodes. Reduces data errors that occur with any manual data entry process. Print barcode labels for items, including labels for a range of items simultaneously. 1 $6,180.00 $0.00 Not Selected FASTER (Code: 208) Category Item Qty Price Total Annual Fees Category Item Qty Price Total SUPPORT and MAINTENANCE Fuel Import Single Vendor Support and Maintenance Existing Customer Annual support and maintenance for fuel import for existing customer 2 $721.00 $1,442.00 FASTER (Code: 301ann) SUPPORT and MAINTENANCE Single Vendor Site and Dispenser Support and Maintenance Annual support and maintenance for site and dispenser 1 $515.00 $515.00 FASTER (Code: 303ann) SUPPORT and MAINTENANCE Dashboard Annual Support and Maintenance 1 $2,060.00 $2,060.00 FASTER (Code: 207ncann) SUPPORT and MAINTENANCE Barcoding Add-On Annual Support & Maintenance Optional Annual recurring support and maintenance for barcode module 1 $1,236.00 $0.00 Not Selected FASTER (Code: 208ANN) * Annual Support and Maintenance Fees billing schedules are outlined in the terms and conditions. FASTER Web Data Services One-Time Fees Quote FASTER Asset Solutions - Quote # 1209 5 / 9 One-Time Subtotal $40,000.00 Discount ($16,000.00) Category Item Qty Price Total Service / Data Migration Data Conversion The Migration Data Conversion Product is used for migrating data from FASTER Win to FASTER Web. Data Migration for FASTER Win Add-Ons are quoted individually and require an individual requirements scope Data Migration for FASTER Win Customizations are quoted individually and require an individual requirements scope Item Discount ($8,000.00) 1 $20,000.00 $20,000.00 $12,000.00 Faster Asset (Code: 408) Base Price $20,000.00 $20,000.00 Service / Migration Migration Win to Web Reports FASTER Win report(s), previously developed using Crystal Reporting Services, will be used as a template to build each corresponding report using the FASTER Web Reporting tool. Discounted cost reflects that no requirements, specification or approval process related to these reports is needed. The stored procedure and RPT file will be used as a template and re- constructed for FASTER Web Report(s) are delivered at Soft Go-Live for customer testing. Reports will be transitioned without modification. Should customer request/require modifications FASTER will conduct a requirements reveiew and provide a cost for requested modifications. Excel – Data Only option in FASTER Win requires a custom export for FASTER Web to ensure you get data export format is presented as desired FASTER Web uses a structured database model which may result in slight modifications between FASTER Win and Faster Web reports. Item Discount ($8,000.00) 1 $20,000.00 $20,000.00 $12,000.00 Faster Asset (Code: 330m) Win to Web Report Migrations: ARC3219 (330m1) ARC3219FV (330m2) ARC3307 (330m3) ARC3307Detail (330m4) FASTER Web Training One-Time Fees Category Item Qty Price Total Quote FASTER Asset Solutions - Quote # 1209 6 / 9 Training System Overview Meetings (SOM) System overview meetings take place via live, remote web-based sessions. Either one or two overview meetings are conducted depending on the number of participants and availability. 1 $3,300.00 $3,300.00 Faster Asset (Code: 511a) Training Configuration Training Configuration Training takes place via live, remote, web-based sessions. Up to three sessions are scheduled based on number of participants, customer availability, and if account coding configuration training is required. 1 $3,300.00 $3,300.00 Faster Asset (Code: 511b) Training System Training/Go Live On Site Training - Go Live Hands-on instructor led training at a single location for up to 20 attendees. Additional training sessions and instructors may be added at any time, if needed, up to 4 (four) weeks prior to go live date. 1 $0.00 $0.00 FASTER (Code: 512) Training Asset Module Go Live Training Class 4 Hour live training session with in person on site trainer 1 $800.00 $800.00 FASTER (Code: 512a) Training Maintenance Module Go Live Training Class 4 Hour live training session with in person on site trainer 1 $800.00 $800.00 FASTER (Code: 512b) Training Inventory Module Go Live Training Class 4 Hour live training session with in person on site trainer 1 $800.00 $800.00 FASTER (Code: 512c) Training Fuel Module Go Live Training Class 1 Hour live training session with in person on site trainer 1 $200.00 $200.00 FASTER (Code: 512d) Training Vendors & Accounting Module Go Live Training Class 1.5 Hour live training session with in person on site trainer 1 $300.00 $300.00 FASTER (Code: 512e) Training Technician Module Go Live Training Class 2.5 Hour live training session with in person on site trainer 2 $500.00 $1,000.00† FASTER (Code: 512f) Category Item Qty Price Total Quote FASTER Asset Solutions - Quote # 1209 7 / 9 One-Time Subtotal $10,500.00 † Non-taxable item Please contact us if you have any questions. One-Time Subtotal $208,360.00 Discount ($84,185.00) Total One-Time $124,175.00 USD Total Annual Support And Maintenance $40,172.00 USD Training Go-Live Week System Training - Additional Trainer(s)Optional Trainers are available on site for approximately 8 hours per day for the go live week. If additional trainers are needed due to shift work, exceeding maximum class size, or other customer driven training requirements. Costs are per additional FASTER trainer per week. All costs include travel, lodging, and per diem. No additional costs are included. 1 $2,750.00 $0.00 Not Selected FASTER (Code: 512g) Training Remote Training Sessions Optional This instructor led remote video session includes three, 4-hour blocks of follow-up, additional or review training. Session options include any module or question and answer session with key users. Participants have the option to interact with the software in training mode during the remote session. Training is conducted via web conference software provided by FASTER. 1 $1,150.00 $0.00 Not Selected FASTER (Code: 515) Category Item Qty Price Total Summary Cost Breakdown ACCEPT QUOTE Quote FASTER Asset Solutions - Quote # 1209 8 / 9 Cost Breakdown Category One-Time Fees Annual Fees SETUP / INTERFACE $22,085.00 — SUPPORT and MAINTENANCE —$40,172.00 Service / Data $20,000.00 — Service / Migration $20,000.00 — Training $10,500.00 — LICENSE $135,775.00 — Discount ($84,185.00)— Total $124,175.00 USD $40,172.00 USD The FASTER Web Upgrade & Support fee will be due upon software delivery of FASTER Web. Any months remaining on FASTER Win support will be deducted from the first year fee. Standard agreement for recurring pricing model is 60 months. Cancellation of service prior to term expiration will result in an early termination fee equal to 85% of the recurring fees for the remaining term period. Hourly database backups (secure, offsite location) will be conducted to ensure consistent and recoverable backups of the database to restore from in the event of an emergency. Complete database recovery backups are available for 14 (fourteen) days. Recurring fees may be increased after the initial term is completed. Legacy Data Preparation and Cleanup FASTER Asset Solutions always recommends that customers confirm that all legacy system data is current, accurate, and in good order. Data maintained in good order from previous systems will not typically require any corrections and can be imported effectively and efficiently into the FASTER Web product without issue. In the event that there are legacy data issues that require correction by the customer, FASTER Web consultants will support those efforts for our customers by providing guidance and advice. Quote FASTER Asset Solutions - Quote # 1209 9 / 9 Commission Meeting Agenda 10/4/2022 2:00 PM Approve Sole Source Procurement Proposal from Faster Asset Solutions, Inc. for the Implementation of Faster Web Department:Information Technology Department:Information Technology Caption:Motion to approve Proposal from Faster Asset Solutions, Inc. for the Implementation of Faster Web as a sole source procurement. (Approved by Public Safety Committee September 27, 2022) Background:Faster Windows is the Fleet Asset Management system currently used by the Central Services Department. Information Technology in conjunction with Central Services has been looking to migrate this application to a new web-based platform known as Faster Web that was previously unavailable when this system was initially implemented. This new platform will provide a better user experience for both Fleet Services and City Departments/Offices. Analysis:This migration to the new platform will allow for features that currently do not exist to be used across the City. Among those features are a web-based portal that can be used across City Departments to track real-time fuel expenditures, preventative maintenance reports, work orders, and so forth. Additionally, this move to the new platform will allow for a more efficient user interface with better software tools that will assist Fleet Services in comprehensively managing vehicles from initial acquisition planning through disposal. Financial Impact:Estimated up-front cost is $124,175.00 to be funded from the Central Services capital budget (272016440-5424120). Alternatives:N/A Recommendation:Approve Proposal from Faster Asset Solutions, Inc. for the Implementation of Faster Web Funds are Available in the Following Accounts: This project is to be funded from the Central Services capital budget (272016440-5424120). REVIEWED AND APPROVED BY: Commission Meeting Agenda 10/4/2022 2:00 PM ARP Funding Request for 2022 Fire Apparatus Department:Office of the Administrator Department:Office of the Administrator Caption:Motion to approve ARP Funds in the amount of $6,931,618 for the purchase of 2022 and 2023 replacement fire apparatus and light vehicles and additional funding for air light support unit approved in 2022 budget. (Approved by Public Safety Committee September 27, 2022) Background:The Fire Department’s revenue stream comes from property taxes and insurance premiums for salaries, general operating expenses, and miscellaneous administrative fees, but does not provide enough funding for fire apparatus replacements and light duty vehicles utilized by fire suppression command staff, fire inspectors/investigators and various administrative personnel. To ensure a consistent replacement schedule, the Fire Department has historically used SPLOST funds to offset funding for this expense. There were no funds allocated in SPLOST VIII to replace fire trucks or light vehicles for the next five years. s a result, the Fire Department needs a supplementary funding source to ensure steady replacement of front-line fire apparatus and vehicles for support personnel. Funds were approved in the Fire Department’s 2022 Budget to purchase an air/light support unit. There will be a funding shortage for this project due to supply chain issues and the increased cost of materials since the submission of the 2022 Budget. We would like to utilize ARP funds while they are available to continue these projects. Analysis:According to Skip Gibson, Community Hazard Mitigation manager for ISO, a full 50% of an organization’s ISO rating is attributed to apparatus. As an ISO Class 1 department we are required to maintain a certain number of reserve apparatus outfitted with tools and equipment comparable to a frontline apparatus. It is also expected that all fire department apparatuses are well maintained and in optimal working condition. With several apparatus out of service due to ongoing mechanical issues, we have been forced to use reserve apparatus as frontline equipment for an extended length of time. This in turn takes those resources out of ready reserve status. Not having the required reserve apparatus could have a negative impact on our next ISO evaluation. Vehicle replacement is based on community needs, years in service maintenance costs, and fuel costs. Career fire department engines and aerial trucks both have an expected life span of approximately 10 years with the first 6 years being a front-line apparatus. After which, the machine should be placed in the reserve fleet and replaced with a new vehicle. The requested amount of $6,761,618, will cover light vehicle and fire truck replacement for 2022 and 2023. The replacement needs for 2022 include seven support vehicles, a pumper engine, and an aerial ladder truck. In 2023 it will be necessary to replace nine light vehicles, one pumper engine, one tiller ladder truck, one tender, and one ambulance. The nationwide supply/demand crisis has affected purchasing fire apparatus. Currently most manufacturers are estimating an 18–24-month lead time to build custom fire trucks. Within this system, manufacturers also build a minimum amount of “stock” vehicles that can be obtained with much smaller lead times, possibly as soon as years end. Ten-8 has stock vehicles that closely meet the needs of the community and the department. These trucks are similar to current apparatus being utilized by Augusta firefighters. Ten-8 will make them available nationwide and on a “first come, first serve” basis. This requires some quick attention on our part to obtain them. To obtain speedy delivery for 2022 fire trucks, Procurement has approved the purchase of stock vehicles on an emergency basis. 2023 fire trucks will be custom build and obtained via competitive bidding arriving sometime in 2024. In addition, funds were approved in the Fire Department’s 2022 Budget to purchase an air/light support unit. This vehicle is responsible for supplying and replenishing oxygen to firefighters’ SCBA equipment. At the time the budget was submitted in August of 2021, the estimated cost to manufacture this vehicle was $330,000. Due to supply chain issues and the increased cost of materials, by January 2022 this estimate had increased to $375,000 leaving a shortfall of $45,000. Financial Impact:2022: $3,055,000 Engine - $800,000, Aerial Truck - 1,800,000, Air/Light Support Unit - $45,000, Light Vehicles for Support Personnel - $410,000 2023: $3,706,618 Engine - $778,000, Tiller Ladder Truck - $2,000,000, Tender - $344,844, Ambulance - $273,774, Light Vehicles for Support Personnel - $480,000 Alternatives:None at this time. Recommendation:To approve the motion to approve ARP Funds in the amount of $6,931,618 for the purchase of 2022 and 2023 replacement fire apparatus and light vehicles and additional funding for air light support unit approved in 2022 budget. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 10/4/2022 2:00 PM Inmates Commissary Department:Richmond County Correctional Institution Department:Richmond County Correctional Institution Caption:Motion to approve award of RCCI's Inmates' Commissary operation to Stewart Distribution.(Approved by Public Safety Committee September 27, 2022) Background:Under the Rules of the Board of Corrections, each prison facility is authorized to operate a commissary for the benefit of assigned inmates. Analysis:A Request for Proposal-(RFP #22-212) was completed in July 2022, and four (4) compliant vendors responded. The committee met and evaluated the submittals, and Stewart Distribution was the recommended vendor. Financial Impact:There are no financial liabilities to the city. Inmates are allowed to spend up to One Hundred ($100.00) dollars per week. The Commissary Vendor will also pay the city an agreed upon percentage of the net sales. Alternatives: Recommendation:Request approval for three (3) years with two additional 1-year options for a contract with Stewart Distribution effective January 1, 2023. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: 3011 Sutton Gate Dr. Suite 130 Suwanee, GA 30024 770.831.9000 TEL CPLTeam.com September 14, 2022 Dr. Hameed Malik, P.E. 452 Walker St. Suite 110 Augusta, GA 30901 VIA EMAIL RE: City of Augusta Engineering Consulting Proposal Dear Dr. Malik: CPL Architecture, Engineering, and Planning is pleased to provide this proposal to provide Construction Administration Services for the 6th Street Project, as follows: Scope of Work 1. Consult on the 6th Street Project bid results. 2. Render opinions on construction administration issues, such as RFIs, submittals, pay applications, etc. if requested by the city. Fee Proposal CPL will perform the above referenced scope of work hourly as indicated in the hourly rates listed in Appendix ‘B’. We estimate this effort will not exceed $25,000. We will not exceed this estimate without seeking authorization from the city. Direct expenses will be billed at cost plus 15%. Direct expenses include, but are not limited to, reproduction cost, courier service, mileage, telephone/fax cost, etc. TERMS AND CONDITIONS: This agreement shall be administered in accordance with the Terms and Conditions and utilize the hourly rates listed in contract RC07-001220. This document together with the exhibits and/or appendices identified herein constitutes the entire understanding between Augusta and CPL with respect to the work to be performed by CPL for the benefit of Augusta and may only be modified in writing signed by both parties. Please sign and return the enclosed copy of this letter if this document satisfactorily sets forth the understanding of the arrangement between Augusta and CPL. Receipt of the signed agreement will serve as our notice to proceed. This Contract will be open for acceptance for sixty days from the date of this letter. DocuSign Envelope ID: 1D7B8040-AE3C-41CA-B9C7-97BC761CE9AE City of Augusta Engineering Consulting Proposal September 14, 2022 Page 2 of 2 We look forward to continuing to work with you on this project. Sincerely, CPL ARCHITECTURE ENGINEERING & PLANNING Richard J. Edinger, P.E. Vice President cc: Brian Miller file Accepted By: __________________________________ Date: ___________________________ Invoice Instructions: Add the following project identifier or Purchase Order No. _________________________ Send our Invoice to the following email address: ____________________________________ Reference the following physical address: DocuSign Envelope ID: 1D7B8040-AE3C-41CA-B9C7-97BC761CE9AE (SA2 – For changes greater than $25,000) September 2022 ENGINEERING DEPARTMENT SUPPLEMENTAL AGREEMENT Augusta Richmond County Project Number(s): 371-041110-T15041220 GDOT Number (s): RC07-001220 PI 0011421 Supplemental Agreement Number: 2 Purchase Order Number: 19ENG744 WHEREAS, We, Clark Patterson Lee (CPL), Consultant, entered into a contract with Augusta- Richmond County on April 2, 2019 for engineering design services associated with the improvements to 6th Street Improvements. Project RC07-001220, PI 0011421, and WHEREAS, certain revisions to the design requested by Augusta-Richmond County are not covered by the scope of the original contract, we desire to submit the following Supplemental Agreement to-wit: 6th Street Improvements Construction Phase Services (CEI). It is agreed that as a result of the above-described modifications the contract amount is increased by $25,000.00 from $288,645.77 to a new total of $313,645.77. Any modifications to submittal dates shall be as identified in the attached proposal. This agreement in no way modifies or changes the original contract of which it becomes a part, except as specifically stated herein. NOW, THEREFORE, We, Clark Patterson Lee (CPL) Consultant, hereby agree to said Supplemental Agreement consisting of the above-mentioned item and agree that this Supplemental Agreement is hereby made a part of the original contract to be performed under the specifications thereof, and that the original contract is in full force and effect, except insofar as it might be modified by this Supplemental Agreement. RECOMMEND FOR APPROVAL: CITY OF AUGUSTA-RICHMOND COUNTY Clark Patterson Lee (CPL). AUGUSTA, GEORGIA Hardie Davis, Mayor Approved Date: Approved: Date: [ATTACHED CORPORATE SEAL] ATTEST: ATTEST: Title: Title: Commission Meeting Agenda 10/4/2022 2:00 PM 6th Street Improvements Project Design Services for Roadway Improvements TIA Project Number: RC07-001220 / PI#0011421 CEI Services RFP Item: 18-279 Department:Engineering Department:Engineering Caption:Motion to approve Supplement funding (SA2) to Clark Patterson Lee (CPL) in the amount of $25,000 for the 6th Street Improvements Construction Phase Services (CEI). Requested by Engineering / RFP 18- 279. (Approved by Engineering Services Department September 27, 2022) Background:The 6th Street Improvements is a project from the “Approved Investment List” of TIA that was approved by voters of the CSRA in July 31, 2012 referendum. The 6th Street is a Band 3 project. The project improvements consist of improving roadway safety by resurfacing, reconstructing the existing curb and gutter, replacing sidewalks and improving the storm water system. The project will improve pedestrian safety at intersections with new high visibility crosswalks and organize the existing parallel parking. Project is in letting and construction will commence soon.Construction Phase requires design related coordination with utilities, resolution of constructability conflicts, review of contractor construction documents submittals, and request for field information (CEI) that warrants design engineer services. Analysis:On April 2, 2019, Augusta Commission approved award of design phases of the project to CPL. The project is now in letting and ready for construction. This supplemental agreement covers services during construction phase for contractor request for field information, utility conflicts assessment & resolution, field engineering, and attending construction progress meetings. Financial Impact:Funds in amount of $25,000 are available in Project TIA funds. Alternatives:Do not approve and find alternative to perform CEI services. Recommendation:Approve Supplement funding (SA2) to Clark Patterson Lee (CPL) in the amount of $25,000 for the 6th Street Improvements Construction Phase Services (CEI). Requested by Engineering / RFP 18-279. Funds are Available in the Following Accounts: ($25,000) 371-041110-5212115 – T15041220-5212115 - Project TIA Funds REVIEWED AND APPROVED BY: UNOFFICIAL ~~ RFP Opening· RFP Item #22-152 Augusta Right-Of-Way Routine Maintenance Vegetation Control and Mowing ,\ for Augusta, GA -Engineering Department RFP Date: Tuesday, March 15, 2022@ 11:00 a.m. via ZOOM Total Number Specifications Mailed Out: 52 Total Number Specifications Download (Demand~tar): 17 Total Electronic Notifications (Demandstar): 225 Georgia Procurement Registry: 1539 Total packages submitted: 12 Total Noncompliant: VENDORS Attachment Addendum 1 E-Verify SAVE Original 7 Copies Fee "B" Number Form Proposal Wlnsaylnc. 6464 Carriage Lane Yes Yes 494613 Yes Yes Yes Yes Harlem, GA 30814 Jacobs Land Management 733 Scott Nixon Memorial Dr. Yes Yes 417873 Yes Yes Yes Yes Augusta, GA 30907 T. Garrett Enterprise LLC 1318 New Savannah Rd. Yes Yes 1215950 Yes Yes Yes Yes Augusta, GA 30901 PCJ Quality Assurance, LLC 1072 Plum Road Yes Yes 1664810 Yes Yes Yes Yes Jackson, Sc 29831 Augusta Lawn & Turf Inc. 3618 Phillips Drive Yes Yes 202665 Yes Yes Yes Yes Augusta, GA 30907 Keith Harrison OBA/Bulldog Cuts Yes Yes 852742 Yes Yes Yes Yes 907 Park Ave. Augusta, GA 30901 M&C Lawn Care & Mantenance Services, LLC Yes Yes 1661291 Yes Yes Yes Yes 3958 Wrlghtsboro Rd. Ste C. Augusta, GA 30909 Milledge Tyler OBA/Rise And Shine Lawn Care Yes No 905907 Yes Yes Yes Yes 1159 Waltons Trail Hephzibah, Ga 30815 Corey Huff OBA/Lumber Jack Lawn Yes Yes 465374 2430 Norfolk Street Yes Yes No Yes Augusta, Ga 30906 Yellowstone Landscape 702 McKnight Industrial Blvd. Yes Yes 648975 Yes Yes Yes Yes Augusta, Ga. 30907 Page 1 of 2 UNOFFICIAL ~~ RFP Opening • RFP Item #22-152 Augusta Right-Of-Way Routine Maintenance Vegetation Control and Mowing for Augusta, GA -Engineering Department RFP Date: Tuesday, March 15, 2022@ 11 :00 a.m. via ZOOM Total Number Specifications Mailed Out: 52 Total Number Specifications Download (Demandstar): 17 Total Electronic Notifications (Demandstar): 225 Georgia Procurement Registry: 1539 Total packages submitted: 12 Total Noncompliant: VENDORS Attachment Addendum 1 E-Verify SAVE Original Fee "B" Number Form 7 Copies Proposal Augusta Quality LLC 3904 Wrlghtsboro Rd. Ste. C Yes Yes 639585 Yes Yes Yes Yes Augusta, GA 30909 Pond Maintenance Of Augusta, LLC 3707 Colbert Street Yes Yes 67036 Yes Yes · Yes Yes Augusta, Georgia 30906 Page 2 of 2 AUGUSTA LAWN & TURF ROAD MILES AED Offer GROUP A CML Six Cyles Eight Cycles Laney Walker Blvd. (Sand Bar Ferry Rd./East Boundary)1.9 $2,512.30 $28,640.19 $38,186.92 Laney Walker Blvd. (East Boundary/ Twiggs St.)1 $2,512.39 $15,074.34 $20,099.12 East Boundary (Laney Walker Blvd. /Reynolds St.)1.1 $2,512.32 $16,581.33 $22,108.44 Lovers Lane (Sand Bar Ferry Rd./ Laney Walker Blvd.)0.4 $2,739.76 $6,575.43 $8,767.24 Gordon Hwy. (Skyview Dr. State Line)1.7 $2,512.38 $25,626.24 $34,168.32 Doug Barnard Pkwy. (Gordon Hwy./Tobacco Rd.)5.4 $2,601.64 $84,293.13 $112,390.84 Doug Barnard Pkwy. (Tobacco Rd./News Print Rd.)2.8 $2,512.35 $42,207.54 $56,276.72 Dixon Airline Road (Mike Padgett to Doug Barnard Pkwy.)1.8 $2,512.33 $27,133.20 $36,177.60 Dan Bowles Road (Doug Barnard Pkwy. to Gordon Hwy.)1.1 $2,501.64 $16,510.83 $22,014.44 Perkins Road (Doug Barnard Pkwy. to Marvin Griffin Rd.)1 $2,512.39 $15,074.34 $20,099.12 Rawley Road (Mike Padgett Hwy. to Cul-D-Sac)0.34 $2,511.94 $5,124.36 $6,832.48 River Watch Pkwy. (15th Street to I-20) (Shrubs/planters boxes)5 $2,589.14 $77,674.20 $103,565.60 15th Street (Essie McIntyre Blvd./Laney Walker Blvd.)1.2 $2,512.27 $18,088.32 $24,117.76 Calhoun Expressway (Greene St. to Washington Rd.) (Shrubs/ planters boxes)2.6 $2,512.31 $39,192.09 $52,256.12 Brown Road (Peach Orchard Rd. to Mike Padgett Hwy.)6.93 $2,512.39 $104,465.19 $139,286.92 Old Waynesboro Rd. (Mike Padgett Hwy. to Brown Rd.)3.25 $2,601.64 $50,731.98 $67,642.64 Doug Barnard Pkwy. (Newsprint Rd. to Hwy. 56)0.57 $2,512.17 $8,591.61 $11,455.48 Gravel Pit Rd. (Doug Barnard Pkwy. to Dead End)0.7 $2,426.64 $10,191.90 $13,589.20 Lock & Dam Rd. (Doug Barnard Pkwy. to Dead End)2.1 $2,512.35 $31,655.67 $42,207.56 Marvin Griffin Rd. (Hwy. 56 to Doug Barnard Pkwy.)1.52 $2,512.33 $22,912.47 $30,549.96 42.41 $646,344.36 $861,792.48 GROUP F AED OFEER Mowing Cycle Mowing Cycle Litter Pick Up Arterial Rd $1,100.00 500 Collector Rd $1,100.00 500 Rural Rd $1,300.00 500 Easments (20ft wide)$1,100.00 500 Easments (30ft wide)$1,185.00 500 Easments (40ft wide)$1,350.00 500 Easments (60ft wide)$1,675.00 500 WINSAY ROAD MILES AED Offer GROUP B (Winsay)CML Six Cyles Eight Cycles Windsor Spring Road (Peach Orchard Rd./Tobacco Rd.)3.6 $2,814.14 $60,785.42 $81,047.23 Windsor Spring Road (4573 Windsor Spring Rd./Tobacco Rd. - Ph. 4)3 $2,614.14 $47,054.52 $62,739.36 Windsor Spring Road (4573 Windsor Spring Rd. to Mims Rd. - Phase 5)2.7 $2,512.38 $40,700.58 $54,267.44 Windsor Spring Road (Old Louisville Rd./Peach Orchard Rd.)1.1 $2,512.32 $16,581.33 $22,108.44 Tobacco Road (Doug Barnard Pkwy./Deans Bridge Rd.)8.5 $2,614.14 $133,321.14 $177,761.52 Old Tobacco Road (Tobacco Rd./Old Hwy. 1)0.45 $2,512.20 $6,782.94 $9,043.92 Old US 1 (Old Tobacco Rd./Windermere Dr.)1.6 $2,512.27 $24,117.75 $32,157.00 Windermere Dr. (Deans Bridge Rd. to Cromwell Rd.)0.1 $2,511.65 $1,506.99 $2,009.32 Wyevale Road (Old US 1 to Cromwell Rd.)0.14 $2,512.36 $2,110.38 $2,813.84 Glenn Hills Dr. (Barton Chapel Rd. to Georgetown Dr.)1 $2,512.39 $15,074.34 $20,099.12 Georgetown Dr. (Glenn Hills Dr. to Deans Bridge Rd.)0.75 $2,512.31 $11,305.38 $15,073.84 Willis Foreman Road (Peach Orchard Rd. to Deans Bridge Rd.)5.8 $2,512.37 $87,430.48 $116,573.97 28.74 446771.25 $595,695.00 GROUP F AED OFEER Mowing Cycle Mowing Cycle Litter Pick Up Arterial Rd $1,100.00 500 Collector Rd $1,100.00 500 Rural Rd $1,300.00 500 Easments (20ft wide)$1,100.00 500 Easments (30ft wide)$1,185.00 500 Easments (40ft wide)$1,350.00 500 Easments (60ft wide)$1,675.00 500 RISE & SHINE LAWNCARE ROAD MILES AED Offer GROUP C CML Six Cyles Eight Cycles Boy Scout Road (Joy Rd./Washington Rd.)1.8 $2,565.53 $27,707.70 $36,943.60 Skinner Mill Road (Walton Way Ext. to Boy Scout Rd.)2.5 $2,601.64 $39,024.60 $52,032.80 . Powell Road (Gordon Hwy. to Jimmie Dyes)3 $2,501.64 $45,029.52 $60,039.36 Lewis Road (Powell Rd. to County Line)1.8 $2,590.53 $27,977.70 $37,303.60 Flowing Wells Road (Wrightsboro Rd. to Interstate Pkwy.)1.1 $2,551.64 $16,840.83 $22,454.44 Frontage Road (Mason McKnight Jr. Pkwy. To Scott Nixon Memorial Dr.)1.3 $2,426.64 $18,927.78 $25,237.04 Lake Forest Drive (Camellia Rd. to Comfort Rd.)1 $2,601.64 $15,609.84 $20,813.12 McKnight Industrial Blvd. (Frontage Rd. to Scott Nixon Memorial Dr.)0.15 $2,907.07 $2,616.36 $3,488.48 West Frontage Road (Frontage Rd. to Scott Nixon Memorial Dr.)0.2 $2,739.15 $3,286.98 $4,382.64 Wheeler Road (Walton Way Ext. to Highland Ave.)2.75 $2,676.64 $44,164.56 $58,886.08 Interstate Parkway (Flowing Wells Rd. to Wainbrook Dr.)1.7 $2,601.64 $26,536.74 $35,382.32 Jackson Road (Walton Way/Wrightsboro Rd.)1.2 $2,676.64 $19,271.82 $25,695.76 Warren Road (Washington Rd./Dead End - including Overpass)1.1 $2,601.64 $17,170.83 $22,894.44 Walton Way Extension (Walton Way/Pleasant Home Rd.)1.3 $2,601.64 $20,292.78 $27,057.04 Scott Nixon Memorial Drive (Davis Rd./Columbia County Line)1.2 $2,676.64 $19,271.82 $25,695.76 Pleasant Home Road (Davis Rd./Washington Rd.)1.4 $2,676.64 $22,483.77 $29,978.36 Davis Road (Pleasant Home Rd./County Line)0.6 $2,676.64 $9,635.91 $12,847.88 Steven Creek Rd. (Washington Rd./Riverwatch Pkwy.)1 $2,501.64 $15,009.84 $20,013.12 Claussen Road (Steven Creek Rd./Riverwatch Pkwy.)0.8 $2,601.64 $12,487.86 $16,650.48 Perimeter Parkway (Wheeler Rd./Interstate Pkwy.)1.2 $2,509.98 $18,071.82 $24,095.76 Mason McKnight Jr. Pkwy. (Scott Nixon Memorial Dr. to County Line)0.5 $2,907.07 $8,721.21 $11,628.28 . Marks Church Rd. (Wrightsboro Rd. to Wheeler Rd.)1.35 $2,907.07 $23,547.27 $31,396.36 Robert C. Daniel Pkwy. (Skinner Mill Rd. to Walton Way Ext.)0.25 $2,907.07 $4,360.61 $5,814.14 Bercksmans Rd. (Wheeler Rd. to Roundabout)0.65 $2,794.57 $10,898.82 $14,531.76 Maddox Rd. (Wrightsboro Rd. to Dead End)0.44 $2,907.07 $7,674.66 $10,232.88 30.29 $476,621.63 $635,495.50 AUGUSTA QUALITY LLC AED Offer ROAD MILES CML Six CYCLE Eight Cycle GROUP D (Augusta Quality) Milledgeville Rd. (Gordon Hwy./I-520/Gordon Hwy.)3.4 $2,019.41 $41,196.00 $54,928.00 Wylds Road (Milledgeville Rd. to Mall Entrance)1.4 $1,842.86 $15,480.00 $20,640.00 North Leg Road (Wrightsboro Rd./Milledgeville Rd.)1.6 $1,842.50 $17,688.00 $23,584.00 Highland Avenue (Wheeler Rd./Gordon Hwy.)2.5 $2,042.80 $30,642.00 $40,856.00 Damascus Road (Wrightsboro Rd. to Highland Ave.)1.2 $1,842.50 $13,266.00 $17,688.00 Golden Camp Road (Milledgeville Rd. to Deans Bridge Rd.)1.5 $2,042.67 $18,384.00 $24,512.00 Noland Connector Road (Milledgeville Rd. to Gordon Hwy.)0.6 $1,841.67 $6,630.00 $8,840.00 Bayvale Road (Milledgeville Rd. to Sibley Rd.)0.54 $1,842.59 $5,970.00 $7,960.00 Sibley Road (North Leg Rd. to Milledgeville Rd.)2 $1,843.00 $22,116.00 $29,488.00 Veterans Road (Sibley Rd. to Bayvale Rd.)0.11 $1,836.36 $1,212.00 $1,616.00 Veterans Drive (Veterans Rd. to Sibley Rd.)0.36 $1,841.67 $3,978.00 $5,304.00 Kissingbower Road (Gordon Hwy. to White Rd.)1.2 $2,042.50 $14,706.00 $19,608.00 Milledgeville Road (Olive Rd. to Gordon Hwy.)1.5 $2,042.67 $18,384.00 $24,512.00 MLK Blvd. (Olive Rd. to Twiggs St.)1 $2,043.00 $12,258.00 $16,344.00 Lumpkin Road (Mike Padgett Hwy./Doug Barnard Pkwy.)0.8 $1,842.50 $8,844.00 $11,792.00 Lumpkin Road (Mike Padgett Hwy./Old McDuffie Rd.)4 $2,043.00 $49,032.00 $65,376.00 Old McDuffie Road (Milledgeville Rd. to Dead End)2.7 $1,842.96 $29,856.00 $39,808.00 New McDuffie Road (Old McDuffie Rd. to Milledgeville Rd.)0.5 $1,842.00 $5,526.00 $7,368.00 Swanee Quintet Blvd. (MLK to 15th St.)0.58 $1,841.38 $6,408.00 $8,544.00 Regency Blvd. (Gordon Hwy. to Dead End)0.42 $1,842.86 $4,644.00 $6,192.00 Harold Rd. (Peach Orchard Rd. to Coleman Ave.)0.23 $1,839.13 $2,538.00 $3,384.00 Gibson Dr. (Golden Camp Rd. to North Carolina Ave.)0.11 $1,836.36 $1,212.00 $1,616.00 28.25 $329,970.00 $439,960.00 GROUP F AED OFEER Mowing Cycle Mowing Cycle Litter Pick Up Arterial Rd $1,100.00 500 Collector Rd $1,100.00 500 Rural Rd $1,300.00 500 Easments (20ft wide)$1,100.00 500 Easments (30ft wide)$1,185.00 500 Easments (40ft wide)$1,350.00 500 Easments (60ft wide)$1,675.00 500 Bulldog Cuts ROAD MILES AED Offer GROUP E CML Six Cyles Eight Cycles Phinizy Road (Peach Orchard Rd./Mike Padgett Hwy.1.3 $2,500.00 $19,500.00 $26,000.00 Old Louisville Road (Phinizy Rd./Mike Padgett Hwy.)2 $2,500.00 $30,000.00 $40,000.00 Richmond Hill Road (Deans Bridge to Windsor Spring)2.6 $2,500.00 $39,000.00 $52,000.00 Richmond Hill West (Richmond Hill to Deans Bridge)0.5 $2,500.00 $7,500.00 $10,000.00 Bungalow Road (Richmond Hill Rd./Peach Orchard Rd.)0.8 $2,500.00 $12,000.00 $16,000.00 Wrightsboro Road (Barton Chapel Rd. to Jimmie Dyes)3.3 $2,500.00 $49,500.00 $66,000.00 Barton Chapel Road (Deans Bridge Rd./Wrightsboro Rd.)3.4 $2,500.00 $51,000.00 $68,000.00 Barton Chapel Rd. (Sh. Sec.) (Deans Bridge Rd. to Barton Chapel Rd.)0.15 $2,500.00 $2,250.00 $3,000.00 Old Barton Chapel Road (Barton Chapel Rd. to Old McDuffie Rd.)0.36 $2,500.00 $5,400.00 $7,200.00 Ditmus Road (Barton Chapel Rd. to Dead End)0.27 $2,500.00 $4,050.00 $5,400.00 Meadowbrook Drive (Windsor Spring Rd./Deans Bridge Rd.)2 $2,500.00 $30,000.00 $40,000.00 Morgan Road (Tobacco Rd./Deans Bridge Rd.)1.8 $2,500.00 $27,000.00 $36,000.00 Rosier Road (Peach Orchard Rd./Windsor Spring Rd.)1.3 $2,500.00 $19,500.00 $26,000.00 Wheeless Road (Deans Bridge Rd. to Gordon Hwy.)1.5 $2,500.00 $22,500.00 $30,000.00 Rock Springs Drive (Valley Park E to River Oak Dr.)0.3 $2,500.00 $4,500.00 $6,000.00 Vandivere Road (Kentucky Ave. to Walden Dr.)0.3 $2,500.00 $4,500.00 $6,000.00 Old Savannah Road (Gordon Hwy. to Twiggs St.)1.4 $2,500.00 $21,000.00 $28,000.00 Olive Road (Gordon Hwy. to Troup St.)1.5 $2,500.00 $22,500.00 $30,000.00 White Road (Olive Rd. to Kissingbower Rd.)0.7 $2,500.00 $10,500.00 $14,000.00 Belair Road (Wrightsboro Rd./Powell Rd.)2.6 $2,500.00 $39,000.00 $52,000.00 28.08 $421,200.00 $561,600.00 Commission Meeting Agenda 10/4/2022 2:00 PM Augusta Right-of-Way Routine Maintenance Vegetation Control and Mowing Services RFP 22-152 Department:Engineering Department:Engineering Caption:Motion to approve award of Augusta Right-of-Way Routine Maintenance Vegetation Control and Mowing Contract to Augusta Lawn & Turf, LLC, Winsay, Rise & Shine Lawncare, Augusta Quality, and Bulldog Cuts. The Contract is for three years with renewal option of two additional years. Award is contingent upon receipt of procurement documents, signed contracts and proper bonds. Effective January 1, 2023, also Approve $3,200,000 to fund the proposed On-Call Maintenance Vegetation Control and ROW Mowing Services . requested by AE&ES. RFP 22- 152 (Approved by Engineering Services Department September 27, 2022) Background:Augusta Commission established Stormwater Utility (SWU) Program effective January 1, 2016. One of the key elements of SWU is establishing proactive infrastructure maintenance program that includes Maintenance Vegetation Control and Right-of-Way Mowing. On-call services are integral part of SWU Program delivery as determined by AED that supplementing engineering maintenance resources with an on-call services such as Vegetation Control and Right-of-Way (ROW) Mowing is a practical approach to complete and sustain much needed maintenance services in a timely manner. Such services are essential to stay in compliance with Augusta Area-Wide NPDES MS4 stormwater discharge permit and minimizing public safety risks, damages to public property and associated potential hazard liabilities . The Program at present is funded by SWU funds. Analysis:Proposals were received on March 15, 2022 with Augusta Lawn & Turf, LLC, Winsay, Rise & Shine Lawncare, Augusta Quality, and Bulldog Cuts being the selected firms. Firms were evaluated based on qualifications, relevant experience, and ability to provide requested services. Fee schedule and Road list is attached as EXHIBIT A. Financial Impact:Services are funded by Stormwater Utility funds. Estimated annual cost $3.2 million. Alternatives:1) Not Proposed. Recommendation: Approve award of Augusta Right-of-Way Routine Maintenance Vegetation Control and Mowing Contract to Augusta Lawn & Turf, LLC, Winsay, Rise & Shine Lawncare, Augusta Quality, and Bulldog Cuts. The Contract is for three years with renewal option of two additional years. Award is contingent upon receipt of procurement documents, signed contracts and proper bonds. Effective January 1, 2023, also Approve $3,200,000 to fund the proposed On-Call Maintenance Vegetation Control and ROW Mowing Services. requested by AE&ES. RFP 22-152 Funds are Available in the Following Accounts: ($3,200,000, estimated annual cost) 581044320 - Stormwater Utility Funds REVIEWED AND APPROVED BY: (SA2 – For changes greater than $25,000) September 2022 ENGINEERING DEPARTMENT SUPPLEMENTAL AGREEMENT Augusta Richmond County Project Number(s): 371-041110-T15040117 GDOT Number (s): RC07-000117 PI 0011389 Supplemental Agreement Number: 1 Purchase Order Number: 19ENG756 WHEREAS, We, Infrastructure Systems Management, LLC, entered into a contract with Augusta- Richmond County on April 2, 2019 for engineering design services associated with the improvements to Greene Street Improvements. Project RC07-000117, PI 0011389, and WHEREAS, certain revisions to the design requested by Augusta-Richmond County are not covered by the scope of the original contract, we desire to submit the following Supplemental Agreement to-wit: Additional design services for the Greene Street Improvements Project. It is agreed that as a result of the above-described modifications the contract amount is increased by $147,866.00 from $685,061.06 to a new total of $832,927.06. Any modifications to submittal dates shall be as identified in the attached proposal. This agreement in no way modifies or changes the original contract of which it becomes a part, except as specifically stated herein. NOW, THEREFORE, We, Infrastructure Systems Management, LLC. hereby agree to said Supplemental Agreement consisting of the above-mentioned item and agree that this Supplemental Agreement is hereby made a part of the original contract to be performed under the specifications thereof, and that the original contract is in full force and effect, except insofar as it might be modified by this Supplemental Agreement. RECOMMEND FOR APPROVAL: CITY OF AUGUSTA-RICHMOND COUNTY Infrastructure Systems Management, LLC. AUGUSTA, GEORGIA Hardie Davis, Mayor Approved Date: Approved: Date: [ATTACHED CORPORATE SEAL] ATTEST: ATTEST: Title: Title: Commission Meeting Agenda 10/4/2022 2:00 PM Greene Street Improvements Project Design Services for Roadway Improvements TIA Project Number: RC07- 000117 / PI#0011389 RFP Item: 18-312 Department:Engineering Department:Engineering Caption:Motion to approve Supplemental funding (SA1) for Engineering Phase of Design Consultant Contract to Infrastructure Systems Management, LLC in the amount of $147,866 for the Greene Street Improvements project. Requested by Engineering / RFP 18-312. (Approved by Engineering Services Department September 27, 2022) Background:The Greene Street Improvements is a project from the “Approved Investment List” of TIA that was approved by voters of the CSRA in the July 31, 2012 referendum. Greene Street is a Band 3 project. The project improvements consist of improving roadway safety by resurfacing, reconstructing the existing curb and gutter, replacing sidewalks and improving the storm water system. The project will improve pedestrian safety at intersections with new high visibility crosswalks. New street landscaping will be provided, where possible, to enhance pedestrian use and improvement of roadway aesthetics. On April 2, 2019, commission approved the award of Engineering Design Phase Services to Infrastructure Systems Management, LLC (ISM) Design tasks are in progress. Analysis:Project is under design. On April 2, 2019 Augusta Commission approved funding for concept and design phases tasks. Review of 60% design warranted survey field check and additional surveying for advancing design to the 90% phase and completion of construction plans. Supplemental Funds are needed to cover these tasks fee. Financial Impact:Funds are available in Project TIA funds. Alternatives:Do not approve and find alternative to perform CEI services. Recommendation:Approve Supplemental funding (SA1) for Engineering Phase of Design Consultant Contract to Infrastructure Systems Management, LLC in the amount of $147,866 for the Greene Street Improvements. Requested by Engineering / RFP 18-312. ($147,866) 371-041110-5212115 – T15040117-5212115 Project TIA Funds Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Project: Augusta, Richmond County, GA Highland Ave Bridge repair over CSXT DOT 279463W, Georgia Sub. MP YYG-4.87 OP No. TBD 1 20211101 Final CONSTRUCTION AGREEMENT This Construction Agreement (“Agreement”) is made as of ______________________, 20____, by and between CSX TRANSPORTATION, INC., a Virginia corporation with its principal place of business in Jacksonville, Florida (“CSXT”), and the City of Augusta, a body corporate and political subdivision of the State of Georgia (“Agency”). EXPLANATORY STATEMENT 1. Agency has proposed to construct, or to cause to be constructed, Highland Ave Bridge repairs over CSXT; DOT 279463W MP YYG-4.87, Gulf Zone, Georgia Subdivision in Augusta, Richmond County, GA (the “Project”). 2. Agency has obtained, or will obtain, all authorizations, permits and approvals from all local, state and federal agencies (including Agency), and their respective governing bodies and regulatory agencies, necessary to proceed with the Project and to appropriate all funds necessary to construct the Project. 3. Agency acknowledges that: (i) by entering into this Agreement, CSXT will provide services and accommodations to promote public interest in this Project, without profit or other economic inducement typical of other Agency contractors; (ii) neither CSXT nor its affiliates (including their respective directors, officers, employees or agents) will incur any costs, expenses, losses or liabilities in excess of payments made to CSXT, by or on behalf of Agency or its contractors, pursuant to this Agreement; and (iii) CSXT retains the paramount right to regulate all activities affecting its property and operations. 4. It is the purpose of this Agreement to provide for the terms and conditions upon which the Project may proceed. NOW, THEREFORE, in consideration of the foregoing Explanatory Statement and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, the parties agree as follows: 1. Project Plans and Specifications 1.1 Preparation and Approval. Pursuant to Exhibit A of this Agreement, all plans, specifications, drawings and other documents necessary or appropriate to the design and construction of the Project shall be prepared, at Agency’s sole cost and expense, by Agency or CSXT or their respective contractors. Project plans, specifications and drawings prepared by or on behalf of Agency shall be subject, at CSXT’s election, to the review and approval of CSXT. Such plans, specifications and drawings, as prepared or approved by CSXT, are referred to as the “Plans”, and shall be incorporated and deemed a part of this Agreement. Plans prepared or submitted to and Project: Augusta, Richmond County, GA Highland Ave Bridge repair over CSXT DOT 279463W, Georgia Sub. MP YYG-4.87 OP No. TBD 2 20211101 Final approved by CSXT as of the date of this Agreement are set forth in Exhibit B to this Agreement. 1.2 Effect of CSXT Approval or Preparation of Plans. By its review, approval or preparation of Plans pursuant to this Agreement, CSXT signifies only that such Plans and improvements constructed in accordance with such Plans satisfy CSXT’s requirements. CSXT expressly disclaims all other representations and warranties in connection with the Plans, including, but not limited to, the integrity, suitability or fitness for the purposes of Agency or any other persons of the Plans or improvements constructed in accordance with the Plans. 1.3 Compliance with Plans. The Project shall be constructed in accordance with the Plans. 2. Allocation and Conduct of Work Work in connection with the Project shall be allocated and conducted as follows: 2.1 CSXT Work. Subject to timely payment of Reimbursable Expenses as provided by Section 4, CSXT shall provide, or cause to be provided, the services as set forth by Exhibit A to this Agreement. Agency agrees that CSXT shall provide all services that CSXT deems necessary or appropriate (whether or not specified by Exhibit A) to preserve and maintain its property and operations, without impairment or exposure to liability of any kind and in compliance with all applicable federal, state and local regulations and CSXT’s contractual obligations, including, but not limited to, CSXT’s existing or proposed third party agreements and collective bargaining agreements. 2.2 Agency Work. Agency shall perform, or cause to be performed, all work as set forth by Exhibit A, at Agency’s sole cost and expense. 2.3 Conduct of Work. CSXT shall commence its work under this Agreement following: (i) delivery to CSXT of a notice to proceed from Agency; (ii) payment of Reimbursable Expenses (as provided by Section 4.1) as required by CSXT prior to the commencement of work by CSXT; (iii) issuance of all permits, approvals and authorizations necessary or appropriate for such work; and (iv) delivery of proof of insurance acceptable to CSXT, as required by Section 9. The initiation of any services by CSXT pursuant to this Agreement, including, but not limited to, the issuance of purchase orders or bids for materials or services, shall constitute commencement of work for the purposes of this Section. The parties intend that all work by CSXT or on CSXT property shall conclude no later than August 30, 2025, unless the parties mutually agree to extend such date. 3. Special Provisions. Agency shall observe and abide by, and shall require its contractors (“Contractors”) to observe and abide by the terms, conditions and provisions set forth in Exhibit C to this Agreement (the “Special Provisions”). To the extent that Agency performs Project: Augusta, Richmond County, GA Highland Ave Bridge repair over CSXT DOT 279463W, Georgia Sub. MP YYG-4.87 OP No. TBD 3 20211101 Final Project work itself, Agency shall be deemed a Contractor for purposes of this Agreement. Agency further agrees that, prior to the commencement of Project work by any third party Contractor, such Contractor shall execute and deliver to CSXT Schedule I to this Agreement to acknowledge Contractor’s agreement to observe and abide by the terms and conditions of this Agreement. 4. Cost of Project and Reimbursement Procedures 4.1 Reimbursable Expenses. Agency shall reimburse CSXT for all costs and expenses incurred by CSXT in connection with the Project, including, without limitation: (1) all out of pocket expenses, (2) travel and lodging expenses, (3) telephone, facsimile, and mailing expenses, (4) costs for equipment, tools, materials and supplies, (5) sums paid to CSXT’s consultants and subcontractors, and (6) CSXT labor in connection with the Project, together with CSXT labor overhead percentages established by CSXT pursuant to applicable law (collectively, “Reimbursable Expenses”). Reimbursable Expenses shall also include expenses incurred by CSXT prior to the date of this Agreement to the extent identified by the Estimate provided pursuant to Section 4.2. 4.2 Estimate. CSXT has estimated the total Reimbursable Expenses for the Project as shown on Exhibit D (the “Estimate”, as amended or revised). In the event CSXT anticipates that actual Reimbursable Expenses for the Project may exceed such Estimate, it shall provide Agency with the revised Estimate of the total Reimbursable Expenses, together with a revised Payment Schedule (as defined by Section 4.3.1), for Agency’s approval and confirmation that sufficient funds have been appropriated to cover the total Reimbursable Expenses of such revised Estimate. CSXT may elect, by delivery of notice to Agency, to immediately cease all further work on the Project, unless and until Agency provides such approval and confirmation. Furthermore, the Agency acknowledges and understands that any estimated cost to construct the project shall only be good for a limited period of time and that any delays to move to construction, if CSXT agrees to such construction, shall result in increased costs. 4.3 Payment Terms. 4.3.1 Agency shall pay CSXT for Reimbursable Expenses in the amounts and on the dates set forth in the Payment Schedule as shown on Exhibit E (the “Payment Schedule”, as revised pursuant to Section 4.2). CSXT agrees to submit invoices to Agency for such amounts and Agency shall remit payment to CSXT at the later of thirty (30) days following delivery of each such invoice to Agency or, the payment date (if any) set forth in the Payment Schedule. 4.3.2 Following completion of the Project, CSXT shall submit to Agency a final invoice that reconciles the total Reimbursable Expenses incurred by CSXT against the total payments received from Agency. Agency shall pay to CSXT the amount by which Reimbursable Expenses exceed total payments as shown by the Project: Augusta, Richmond County, GA Highland Ave Bridge repair over CSXT DOT 279463W, Georgia Sub. MP YYG-4.87 OP No. TBD 4 20211101 Final final invoice, within thirty (30) days following delivery of such invoice to Agency. In the event that the payments received by CSXT from Agency exceed the Reimbursable Expenses, CSXT shall remit such excess to Agency. 4.3.3 In the event that Agency fails to pay CSXT any sums due CSXT under this Agreement: (i) Agency shall pay CSXT interest at the lesser of 1.0% per month or the maximum rate of interest permitted by applicable law on the delinquent amount until paid in full; and (ii) CSXT may elect, by delivery of notice to Agency: (A) to immediately cease all further work on the Project, unless and until Agency pays the entire delinquent sum, together with accrued interest; and/or (B) to terminate this Agreement. 4.3.4 All invoices from CSXT shall be delivered to Agency in accordance with Section 16 of this Agreement. All payments by Agency to CSXT shall be made by certified check and mailed to the following address or such other address as designated by CSXT’s notice to Agency: CSX Transportation, Inc. P.O. Box 530192 Atlanta, GA 30353-0192 4.4 Effect of Termination. Agency’s obligation to pay to CSXT Reimbursable Expenses in accordance with Section 4 shall survive termination of this Agreement for any reason. 5. Appropriations Agency represents to CSXT that: (i) Agency has appropriated funds sufficient to reimburse CSXT for the Reimbursable Expenses encompassed by the Estimate attached as Exhibit D; (ii) Agency shall use its best efforts to obtain appropriations necessary to cover Reimbursable Expenses encompassed by subsequent Estimates approved by Agency; and (iii) Agency shall promptly notify CSXT in the event that Agency is unable to obtain such appropriations. 6. Easements and Licenses 6.1 Agency Obligation. Agency shall acquire all necessary licenses, permits and easements required for the Project. 6.2 Temporary Construction Licenses. Insofar as it has the right to do so, CSXT hereby grants Agency a nonexclusive license to access and cross CSXT’s property, to the extent necessary for the construction of the Project (excluding ingress or egress over public grade crossings), along such routes and upon such terms as may be defined and imposed by CSXT and such temporary construction easements as may be designated on the Plans approved by CSXT. Project: Augusta, Richmond County, GA Highland Ave Bridge repair over CSXT DOT 279463W, Georgia Sub. MP YYG-4.87 OP No. TBD 5 20211101 Final 6.3 Temporary Construction Easements. CSXT may grant without warranty to Agency, if required, a temporary non-exclusive easement for access to the extent necessary for the project on terms and conditions and at a price acceptable to the parties. 6.4 Maintenance Agreement. Contemporaneous with the execution of this Agreement, CSXT and Agency have executed that certain Maintenance Agreement providing for Agency’s ongoing use, maintenance, repair, renewal and removal of the Project. 6.5 Permanent Easements. Insofar as it has the right to do so, CSXT shall grant, without warranty to Agency, easements for the use and maintenance (in accordance with the provisions of the Maintenance Agreement described in 6.4) of the Project wholly or partly on CSXT property as shown on the Plans approved by CSXT, if any, on terms and conditions and at a price acceptable to both parties. Upon request by CSXT, Agency shall furnish to CSXT descriptions and plat plans for the easements. 7. Permits At its sole cost and expense, Agency shall procure all permits and approvals required by any federal, state, or local governments or governmental agencies for the construction, maintenance and use of the Project, copies of which shall be provided to CSXT. 8. Termination 8.1 By Agency. For any reason, Agency may, as its sole remedy, terminate this Agreement by delivery of notice to CSXT. Agency shall not be entitled to otherwise pursue claims for consequential, direct, indirect or incidental damages or lost profits as a consequence of CSXT’s default or termination of this Agreement or Work on the Project by either party. 8.2 By CSXT. In addition to the other rights and remedies available to CSXT under this Agreement, CSXT may terminate this Agreement by delivery of notice to Agency in the event Agency or its Contractors fail to observe the terms or conditions of this Agreement and such failure continues more than ten (10) business days following delivery of notice of such failure by CSXT to Agency. 8.3 Consequences of Termination. If the Agreement is terminated by either party pursuant to this Section or any other provision of this Agreement, the parties understand that it may be impractical for them to immediately stop the Work. Accordingly, they agree that, in such instance a party may continue to perform Work until it has reached a point where it may reasonably and safely suspend the Work. Agency shall reimburse CSXT pursuant to this Agreement for the Work performed, plus all costs reasonably incurred by CSXT to discontinue the Work and protect the Work upon full suspension of the same, the cost of returning CSXT’s property to its former condition, and all other costs of CSXT incurred as a result of the Project up to the time of full suspension of the Work. Termination of this Agreement or Work on the Project, for any reason, shall not diminish or reduce Agency’s obligation to pay CSXT for Reimbursable Expenses Project: Augusta, Richmond County, GA Highland Ave Bridge repair over CSXT DOT 279463W, Georgia Sub. MP YYG-4.87 OP No. TBD 6 20211101 Final incurred in accordance with this Agreement. In the event of the termination of this Agreement or the Work for any reason, CSXT’s only remaining obligation to Agency shall be to refund to Agency payments made to CSXT in excess of Reimbursable Expenses in accordance with Section 4. 9. Insurance In addition to the insurance that Agency requires of its Contractor, Agency shall acquire or require its Contractor to purchase and maintain insurance in compliance with CSXT’s insurance requirements attached to this Agreement as Exhibit F. Neither Agency nor Contractor shall commence work on the Project until such policy or policies have been submitted to and approved by CSXT’s Risk Management Department. 10. Ownership and Maintenance 10.1 By Agency. Agency shall own and, without cost to CSXT, maintain, repair, replace and renew, or cause same to be done, in good condition and repair to CSXT’s satisfaction, the highway overpass structure, the roadway surfacing, the roadway slopes, the retaining walls, and the highway drainage facilities. In the event that Agency fails to properly maintain such structures and improvements and such failure, in the opinion of CSXT, jeopardizes the safe and efficient operation of its property, CSXT shall be entitled to remedy such failure and recover from Agency the costs incurred by CSXT in doing so. Upon the cessation of use of the Project by Agency, Agency shall remove the bridge structure and restore CSXT’s property to its original condition, at Agency’s sole cost and expense, to CSXT’s satisfaction. 10.2 Alterations. Agency shall not undertake any alteration, modification or expansion of the Project, without the prior approval of CSXT, which may be withheld for any reason, and the execution of such agreements as CSXT may require. 11. Indemnification 11.1 Generally. To the maximum extent permitted by applicable law, Agency and its Contractors shall indemnify, defend, and hold CSXT and its affiliates harmless from and against all claims, demands, payments, suits, actions, judgments, settlements, and damages of every nature, degree, and kind (including direct, indirect, consequential, incidental, and punitive damages), for any injury to or death to any person(s) (including, but not limited to the employees of CSXT, its affiliates, Agency or its Contractors), for the loss of or damage to any property whatsoever (including but not limited to property owned by or in the care, custody, or control of CSXT, its affiliates, Agency or its Contractors, and environmental damages and any related remediation brought or recovered against CSXT and its affiliates), arising directly or indirectly from the negligence, recklessness or intentional wrongful misconduct of the Contractors, Agency, and their respective agents, employees, invitees, contractors, or its contractors’ agents, employees or invitees in the performance of work in connection with the Project Project: Augusta, Richmond County, GA Highland Ave Bridge repair over CSXT DOT 279463W, Georgia Sub. MP YYG-4.87 OP No. TBD 7 20211101 Final or activities incidental thereto, or from their presence on or about CSXT’s property. The foregoing indemnification obligation shall not be limited to the insurance coverage required by this Agreement, except to the extent required by law or otherwise expressly provided by this Agreement. 11.2 Compliance with Laws. Agency shall comply, and shall require its Contractors to comply, with any federal, state, or local laws, statutes, codes, ordinances, rules, and regulations applicable to its construction and maintenance of the Project. Agency’s Contractors shall indemnify, defend, and hold CSXT and its affiliates harmless with respect to any fines, penalties, liabilities, or other consequences arising from breaches of this Section. 11.3 “CSXT Affiliates”. For the purpose of this Section 11, CSXT’s affiliates include CSX Corporation and all entities, directly or indirectly, owned or controlled by or under common control of CSXT or CSX Corporation and their respective officers, directors, employees and agents. 11.4 Notice of Incidents. Agency and its Contractor shall notify CSXT promptly of any loss, damage, injury or death arising out of or in connection with the Project work. 11.5 Survival. The provisions of this Section 11 shall survive the termination or expiration of this Agreement. 12. Independent Contractor The parties agree that neither Agency nor its Contractors shall be deemed either agents or independent contractors of CSXT. Except as otherwise provided by this Agreement, CSXT shall exercise no control whatsoever over the employment, discharge, compensation of, or services rendered by Agency or Agency’s Contractors, or the construction practices, procedures, and professional judgment employed by Agency or its Contractor to complete the Project. Notwithstanding the foregoing, this Section 12 shall in no way affect the absolute authority of CSXT to prohibit Agency or its Contractors or anyone from entering CSXT’s property, or to require the removal of any person from its property, if it determines, in its sole discretion, that such person is not acting in a safe manner or that actual or potential hazards in, on or about the Project exist. 13. “Entire Agreement” This Agreement embodies the entire understanding of the parties, may not be waived or modified except in a writing signed by authorized representatives of both parties, and supersedes all prior or contemporaneous written or oral understandings, agreements or negotiations regarding its subject matter. In the event of any inconsistency between this Agreement and the Exhibits, the more specific terms of the Exhibits shall be deemed controlling. Project: Augusta, Richmond County, GA Highland Ave Bridge repair over CSXT DOT 279463W, Georgia Sub. MP YYG-4.87 OP No. TBD 8 20211101 Final 14. Waiver If either party fails to enforce its respective rights under this Agreement, or fails to insist upon the performance of the other party’s obligations hereunder, such failure shall not be construed as a permanent waiver of any rights or obligations in this Agreement. 15. Assignment CSXT may assign this Agreement and all rights and obligations herein to a successor in interest, parent company, affiliate, or future affiliate. Upon assignment of this Agreement by CSXT and the assumption of CSXT’s assignee of CSXT’s obligations under this Agreement, CSXT shall have no further obligation under this Agreement. Agency shall not assign its rights or obligations under this Agreement without CSXT’s prior consent, which consent may be withheld for any reason. 16. Notices All notices, consents and approvals required or permitted by this Agreement shall be in writing and shall be deemed delivered upon personal delivery, upon the expiration of three (3) days following mailing by first class U.S. mail, or upon the next business day following mailing by a nationally recognized overnight carrier, to the parties at the addresses set forth below, or such other addresses as either party may designate by delivery of prior notice to the other party: If to CSXT: CSX Transportation, Inc. 500 Water Street, J-301 Jacksonville, Florida 32202 Attention: Director Project Management – Public Projects If to Agency: City of Augusta Augusta Engineering Department 452 Walker Street, Suite 110 Augusta, Georgia 30901 Attention: Hameed Malik, Ph.D., P.E. - Director of Engineering 17. Severability The parties agree that if any part, term or provision of this Agreement is held to be illegal, unenforceable or in conflict with any applicable federal, state, or local law or regulation, such part, term or provision shall be severable, with the remainder of the Agreement remaining valid and enforceable. 18. Applicable Law This Agreement shall be governed by the laws of the State of Georgia, exclusive of its choice of law rules. The parties further agree that the venue of all legal and equitable proceedings related to disputes under this Agreement shall be situated in Duval County, Florida, and the parties agree to submit to the personal jurisdiction of any State or Federal court situated in Duval, Florida. BY SIGNING THIS AGREEMENT, I certify that there have been no changes made to the content of this Agreement since its approval by the CSXT Legal Department on November 5, 2021. Project: Augusta, Richmond County, GA Highland Ave Bridge repair over CSXT DOT 279463W, Georgia Sub. MP YYG-4.87 OP No. TBD 9 20211101 Final IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in duplicate, each by its duly authorized officers, as of the date of this Agreement. CITY OF AUGUSTA By: Name: Title: CSX TRANSPORTATION, INC. By: Name: Will Roseborough Title: Director Project Development Project: Augusta, Richmond County, GA Highland Ave Bridge repair over CSXT DOT 279463W, Georgia Sub. MP YYG-4.87 OP No. TBD A-1 20211101 Final EXHIBIT A ALLOCATION OF WORK Subject to Section 2.1, work to be performed in connection with the Project is allocated as follows: A. Agency shall let by contract to its Contractors: 1. Bridge repairs per approved plans B. CSXT shall perform or cause to be performed: 1. Flagging services and other protective services and devices as may be necessary. 2. Construction engineering and inspection to protect the interests of CSXT. Project: Augusta, Richmond County, GA Highland Ave Bridge repair over CSXT DOT 279463W, Georgia Sub. MP YYG-4.87 OP No. TBD B-1 20211101 Final EXHIBIT B Plans, Specifications and Drawings: As of the date of this Agreement, the following plans, specifications and drawings have been submitted by Agency to CSXT for its review and approval: 01-0001 Cover Sheet Civil Services Chris E Morse 5-19-22 02-0001 Index Civil Services Chris E Morse 5-19-22 04-0001 General Notes Civil Services Chris E Morse 5-19-22 35-0001 Plan and Elevation Civil Services Chris E Morse 5-19-22 35-0002-0004 Construction Sequence Civil Services Chris E Morse 5-19-22 35-0005-0006 Repair Location Plan Civil Services Chris E Morse 5-19-22 35-0007-0008 Box Beam repair details Civil Services Chris E Morse 5-19-22 35-0009-0010 Bridge Repair Details Civil Services Chris E Morse 5-19-22 35-0011 Joint Repair Details Civil Services Chris E Morse 5-19-22 35-0012 Bridge Fencing Details Civil Services Chris E Morse 5-19-22 35-0013 Rip Rap Details Civil Services Chris E Morse 5-19-22 35-0014 Crash Wall at Bent 2 Civil Services Chris E Morse 5-19-22 35-0015 Crash Wall at Bent 2 Civil Services Chris E Morse 5-19-22 35-0016 Reinforcing bar List Civil Services Chris E Morse 5-19-22 NET – STV BKH 6/8/22 Project: Augusta, Richmond County, GA Highland Ave Bridge repair over CSXT DOT 279463W, Georgia Sub. MP YYG-4.87 OP No. TBD C-1 20211101 Final EXHIBIT C CSXT SPECIAL PROVISIONS DEFINITIONS: As used in these Special Provisions, all capitalized terms shall have the meanings ascribed to them by the Agreement, and the following terms shall have the meanings ascribed to them below: “CSXT” shall mean CSX Transportation, Inc., its successors and assigns. “CSXT Representative” shall mean the authorized representative of CSX Transportation, Inc. “Agreement” shall mean the Agreement between CSXT and Agency dated as of _______________________________, as amended from time to time. “Agency” shall mean the CITY OF AUGUSTA. “Agency Representative” shall mean the authorized representative of CITY OF AUGUSTA. “Contractor” shall have the meaning ascribed to such term by the Agreement. “Work” shall mean the Project as described in the Agreement. I. AUTHORITY OF CSXT ENGINEER The CSXT Representative shall have final authority in all matters affecting the safe maintenance of CSXT operations and CSXT property, and his or her approval shall be obtained by the Agency or its Contractor for methods of construction to avoid interference with CSXT operations and CSXT property and all other matters contemplated by the Agreement and these Special Provisions. II. INTERFERENCE WITH CSXT OPERATIONS A. Agency or its Contractor shall arrange and conduct its work so that there will be no interference with CSXT operations, including train, signal, telephone and telegraphic services, or damage to CSXT’s property, or to poles, wires, and other facilities of tenants on CSXT’s Property or right-of-way. Agency or its Contractor shall store materials so as to prevent trespassers from causing damage to trains, or CSXT Property. Whenever Work is likely to affect the operations or safety of trains, the method of doing such Work shall first be submitted to the CSXT Representative for approval, but such approval shall not relieve Agency or its Contractor from liability in connection with such Work. Project: Augusta, Richmond County, GA Highland Ave Bridge repair over CSXT DOT 279463W, Georgia Sub. MP YYG-4.87 OP No. TBD C-2 20211101 Final B. If conditions arising from or in connection with the Project require that immediate and unusual provisions be made to protect train operation or CSXT’s property, Agency or its Contractor shall make such provision. If the CSXT Representative determines that such provision is insufficient, CSXT may, at the expense of Agency or its Contractor, require or provide such provision as may be deemed necessary, or cause the Work to cease immediately. III. NOTICE OF STARTING WORK. Agency or its Contractor shall not commence any work on CSXT Property or rights-of-way until it has complied with the following conditions: A. Notify CSXT in writing of the date that it intends to commence Work on the Project. Such notice must be received by CSXT at least ten business days in advance of the date Agency or its Contractor proposes to begin Work on CSXT property. The notice must refer to this Agreement by date. If flagging service is required, such notice shall be submitted at least thirty (30) business days in advance of the date scheduled to commence the Work. B. Obtain authorization from the CSXT Representative to begin Work on CSXT property, such authorization to include an outline of specific conditions with which it must comply. C. Obtain from CSXT the names, addresses and telephone numbers of CSXT’s personnel who must receive notice under provisions in the Agreement. Where more than one individual is designated, the area of responsibility of each shall be specified. IV. WORK FOR THE BENEFIT OF THE CONTRACTOR A. No temporary or permanent changes to wire lines or other facilities (other than third party fiber optic cable transmission systems) on CSXT property that are considered necessary to the Work are anticipated or shown on the Plans. If any such changes are, or become, necessary in the opinion of CSXT or Agency, such changes will be covered by appropriate revisions to the Plans and by preparation of a force account estimate. Such force account estimate may be initiated by either CSXT or Agency, but must be approved by both CSXT and Agency. Agency or Contractor shall be responsible for arranging for the relocation of the third party fiber optic cable transmission systems, at no cost or expense to CSXT. B. Should Agency or Contractor desire any changes in addition to the above, then it shall make separate arrangements with CSXT for such changes to be accomplished at the Agency or Contractor’s expense. Project: Augusta, Richmond County, GA Highland Ave Bridge repair over CSXT DOT 279463W, Georgia Sub. MP YYG-4.87 OP No. TBD C-3 20211101 Final V. HAUL ACROSS RAILROAD A. If Agency or Contractor desires access across CSXT property or tracks at other than an existing and open public road crossing in or incident to construction of the Project, the Agency or Contractor must first obtain the permission of CSXT and shall execute a license agreement or right of entry satisfactory to CSXT, wherein Agency or Contractor agrees to bear all costs and liabilities related to such access. B. Agency and Contractor shall not cross CSXT’s property and tracks with vehicles or equipment of any kind or character, except at such crossing or crossings as may be permitted pursuant to this section. VI. COOPERATION AND DELAYS A. Agency or Contractor shall arrange a schedule with CSXT for accomplishing stage construction involving work by CSXT. In arranging its schedule, Agency or Contractor shall ascertain, from CSXT, the lead time required for assembling crews and materials and shall make due allowance therefore. B. Agency or Contractor may not charge any costs or submit any claims against CSXT for hindrance or delay caused by railroad traffic; work done by CSXT or other delay incident to or necessary for safe maintenance of railroad traffic; or for any delays due to compliance with these Special Provisions. C. Agency and Contractor shall cooperate with others participating in the construction of the Project to the end that all work may be carried on to the best advantage. D. Agency and Contractor understand and agree that CSXT does not assume any responsibility for work performed by others in connection the Project. Agency and Contractor further understand and agree that they shall have no claim whatsoever against CSXT for any inconvenience, delay or additional cost incurred by Agency or Contractor on account of operations by others. VII. STORAGE OF MATERIALS AND EQUIPMENT Agency and Contractor shall not store their materials or equipment on CSXT’s property or where they may potentially interfere with CSXT’s operations, unless Agency or Contractor has received CSXT Representative’s prior written permission. Agency and Contractor understand and agree that CSXT will not be liable for any damage to such materials and equipment from any cause and that CSXT may move, or require Agency or Contractor to move, such material and equipment at Agency’s or Contractor’s sole expense. To minimize the possibility of damage to the railroad tracks resulting from the unauthorized use of equipment, all grading or other construction equipment that is left Project: Augusta, Richmond County, GA Highland Ave Bridge repair over CSXT DOT 279463W, Georgia Sub. MP YYG-4.87 OP No. TBD C-4 20211101 Final parked near the tracks unattended by watchmen shall be immobilized to the extent feasible so that it cannot be moved by unauthorized persons. VIII. CONSTRUCTION PROCEDURES A. General 1. Construction work on CSXT property shall be subject to CSXT’s inspection and approval. 2. Construction work on CSXT property shall be in accord with CSXT’s written outline of specific conditions and with these Special Provisions. 3. Contractor shall observe the terms and rules of the CSXT Safe Way manual, which Agency and Contractor shall be required to obtain from CSXT, and in accord with any other instructions furnished by CSXT or CSXT’s Representative. B. Blasting 1. Agency or Contractor shall obtain CSXT Representative’s and Agency Representative’s prior written approval for use of explosives on or adjacent to CSXT property. If permission for use of explosives is granted, Agency or Contractor must comply with the following: a. Blasting shall be done with light charges under the direct supervision of a responsible officer or employee of Agency or Contractor. b. Electric detonating fuses shall not be used because of the possibility of premature explosions resulting from operation of two-way train radios. c. No blasting shall be done without the presence of an authorized representative of CSXT. At least 10 days’ advance notice to CSXT Representative is required to arrange for the presence of an authorized CSXT representative and any flagging that CSXT may require. d. Agency or Contractor must have at the Project site adequate equipment, labor and materials, and allow sufficient time, to (i) clean up (at Agency’s expense) debris resulting from the blasting without any delay to trains; and (ii) correct (at Agency’s expense) any track misalignment or other damage to CSXT’s property resulting from the blasting, as directed by CSXT Representative, without delay to trains. If Agency’s or Contractor’s actions result Project: Augusta, Richmond County, GA Highland Ave Bridge repair over CSXT DOT 279463W, Georgia Sub. MP YYG-4.87 OP No. TBD C-5 20211101 Final in delay of any trains, including Amtrak passenger trains, Agency shall bear the entire cost thereof. e. Agency and Contractor shall not store explosives on CSXT property. 2. CSXT Representative will: a. Determine the approximate location of trains and advise Agency or Contractor of the approximate amount of time available for the blasting operation and clean-up. b. Have the authority to order discontinuance of blasting if, in his or her opinion, blasting is too hazardous or is not in accord with these Special Provisions. IX. MAINTENANCE OF DITCHES ADJACENT TO CSXT TRACKS Agency or Contractor shall maintain all ditches and drainage structures free of silt or other obstructions that may result from their operations. Agency or Contractor shall provide erosion control measures during construction and use methods that accord with applicable state standard specifications for road and bridge construction, including either (1) silt fence; (2) hay or straw barrier; (3) berm or temporary ditches; (4) sediment basin; (5) aggregate checks; and (6) channel lining. All such maintenance and repair of damages due to Agency’s or Contractor’s operations shall be performed at Agency’s expense. X. FLAGGING / INSPECTION SERVICE A. CSXT has sole authority to determine the need for flagging required to protect its operations and property. In general, flagging protection will be required whenever Agency or Contractor or their equipment are, or are likely to be, working within fifty (50) feet of live track or other track clearances specified by CSXT, or over tracks. B. Agency shall reimburse CSXT directly for all costs of flagging that is required on account of construction within CSXT property shown in the Plans, or that is covered by an approved plan revision, supplemental agreement or change order. C. Agency or Contractor shall give a minimum of 10 days’ advance notice to CSXT Representative for anticipated need for flagging service. No work shall be undertaken until the flag person(s) is/are at the job site. If it is necessary for CSXT to advertise a flagging job for bid, it may take up to 90-days to obtain this Project: Augusta, Richmond County, GA Highland Ave Bridge repair over CSXT DOT 279463W, Georgia Sub. MP YYG-4.87 OP No. TBD C-6 20211101 Final service, and CSXT shall not be liable for the cost of delays attributable to obtaining such service. D. CSXT shall have the right to assign an individual to the site of the Project to perform inspection service whenever, in the opinion of CSXT Representative, such inspection may be necessary. Agency shall reimburse CSXT for the costs incurred by CSXT for such inspection service. Inspection service shall not relieve Agency or Contractor from liability for its Work. E. CSXT shall render invoices for, and Agency shall pay for, the actual pay rate of the flagpersons and inspectors used, plus standard additives, whether that amount is above or below the rate provided in the Estimate. If the rate of pay that is to be used for inspector or flagging service is changed before the work is started or during the progress of the work, whether by law or agreement between CSXT and its employees, or if the tax rates on labor are changed, bills will be rendered by CSXT and paid by Agency using the new rates. Agency and Contractor shall perform their operations that require flagging protection or inspection service in such a manner and sequence that the cost of such will be as economical as possible. XI. UTILITY FACILITIES ON CSXT PROPERTY Agency shall arrange, upon approval from CSXT, to have any utility facilities on or over CSXT Property changed as may be necessary to provide clearances for the proposed trackage. XII. CLEAN-UP Agency or Contractor, upon completion of the Project, shall remove from CSXT’s Property any temporary grade crossings, any temporary erosion control measures used to control drainage, all machinery, equipment, surplus materials, falsework, rubbish, or temporary buildings belonging to Agency or Contractor. Agency or Contractor, upon completion of the Project, shall leave CSXT Property in neat condition, satisfactory to CSXT Representative. XIII. FAILURE TO COMPLY If Agency or Contractor violate or fail to comply with any of the requirements of these Special Provisions, (a) CSXT may require Agency and/or Contractor to vacate CSXT Property; and (b) CSXT may withhold monies due Agency and/or Contractor; (c) CSXT may require Agency to withhold monies due Contractor; and (d) CSXT may cure such failure and the Agency shall reimburse CSXT for the cost of curing such failure. Project: Augusta, Richmond County, GA Highland Ave Bridge repair over CSXT DOT 279463W, Georgia Sub. MP YYG-4.87 OP No. TBD D-1 20211101 Final EXHIBIT D INITIAL ESTIMATE ATTACHED Project: Augusta, Richmond County, GA Highland Ave Bridge repair over CSXT DOT 279463W, Georgia Sub. MP YYG-4.87 OP No. TBD E-1 20211101 Final EXHIBIT E PAYMENT SCHEDULE Advance Payment in Full Upon execution and delivery of notice to proceed with the Project, Agency will deposit with CSXT a sum equal to the Reimbursable Expenses, as shown by the Estimate. If CSXT anticipates that it may incur Reimbursable Expenses in excess of the deposited amount, CSXT will request an additional deposit equal to the then remaining Reimbursable Expenses which CSXT estimates that it will incur. CSXT shall request such additional deposit by delivery of invoices to Agency. Agency shall make such additional deposit within 30 days following delivery of such invoice to Agency. Project: Augusta, Richmond County, GA Highland Ave Bridge repair over CSXT DOT 279463W, Georgia Sub. MP YYG-4.87 OP No. TBD E-1 20211101 Final EXHIBIT F INSURANCE REQUIREMENTS I. Insurance Policies: Agency and Contractor, if and to the extent that either is performing work on or about CSXT’s property, shall procure and maintain the following insurance policies: 1. Commercial General Liability coverage at their sole cost and expense with limits of not less than $5,000,000 in combined single limits for bodily injury and/or property damage per occurrence, and such policies shall name CSXT as an additional named insured. The policy shall include endorsement ISO CG 24 17 evidencing that coverage is provided for work within 50 feet of a railroad. If such endorsement is not included, railroad protective liability insurance must be provided as described in item 4 below. 2. Statutory Worker’s Compensation and Employers Liability Insurance with limits of not less than $1,000,000, which insurance must contain a waiver of subrogation against CSXT and its affiliates (if permitted by state law). 3. Commercial automobile liability insurance with limits of not less than $1,000,000 combined single limit for bodily injury and/or property damage per occurrence, and such policies shall name CSXT as an additional named insured. The policy shall include endorsement ISO CA 20 70 evidencing that coverage is provided for work within 50 feet of a railroad. If such endorsement is not included, railroad protective liability insurance must be provided as described in item 4 below. 4. Railroad protective liability insurance with limits of not less than $5,000,000 combined single limit for bodily injury and/or property damage per occurrence and an aggregate annual limit of $10,000,000, which insurance shall satisfy the following additional requirements: a. The Railroad Protective Insurance Policy must be on the ISO/RIMA Form of Railroad Protective Insurance - Insurance Services Office (ISO) Form CG 00 35. b. CSX Transportation must be the named insured on the Railroad Protective Insurance Policy. c. Name and Address of Contractor and Agency must appear on the Declarations page. d. Description of operations must appear on the Declarations page and must match the Project description. Project: Augusta, Richmond County, GA Highland Ave Bridge repair over CSXT DOT 279463W, Georgia Sub. MP YYG-4.87 OP No. TBD F-1 20211101 Final 2 e. Authorized endorsements must include the Pollution Exclusion Amendment - CG 28 31, unless using form CG 00 35 version 96 and later. f. Authorized endorsements may include: (i). Broad Form Nuclear Exclusion - IL 00 21 (ii) 30-day Advance Notice of Non-renewal or cancellation (iii) Required State Cancellation Endorsement (iv) Quick Reference or Index - CL/IL 240 g. Authorized endorsements may not include: (i) A Pollution Exclusion Endorsement except CG 28 31 (ii) A Punitive or Exemplary Damages Exclusion (iii) A “Common Policy Conditions” Endorsement (iv) Any endorsement that is not named in Section 4 (e) or (f) above. (v) Policies that contain any type of deductible 5. All insurance companies must be A. M. Best rated A- and Class VII or better. 6. The CSX OP number or CSX contract number, as applicable, must appear on each Declarations page and/or certificates of insurance. 7. Such additional or different insurance as CSXT may require. II. Additional Terms 1. Contractor must submit the original Railroad Protective Liability policy, Certificates of Insurance and all notices and correspondence regarding the insurance policies to: 2. Insurance Department CSX Transportation, Inc. 500 Water Street, C-907 Jacksonville, FL 32202 OR insurancedocuments@csx.com 2. Neither Agency nor Contractor may begin work on the Project until it has received CSXT’s written approval of the required insurance. I-1 20211101 Final SCHEDULE I CONTRACTOR’S ACCEPTANCE To and for the benefit of CSX Transportation, Inc. (“CSXT”) and to induce CSXT to permit Contractor on or about CSXT’s property for the purposes of performing work in accordance with the Agreement dated _______________________, 20___, between CITY OF AUGUSTA and CSXT, Contractor hereby agrees to abide by and perform all applicable terms of the Agreement, including, but not limited to Exhibits C and F to the Agreement, and Sections 3, 9 and 11 of the Agreement. Contractor: ___________________________ By: ___________________________ Name: _________________________ Title: __________________________ Date: __________________________ \\COR\130459.7 Augusta-Richmond County, Georgia BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the following Capital Project Budget is hereby adopted: Section 1: This project is set up and authorized to CPB#371-041110 to award Construction Engineering, Inspection, and Flagging agreement in the amount of $173,716.12 to CSX TRANSPORTATION for the Highland Avenue Bridge Repair and Restoration over CSX Railroad Funding is in the project TIA funds. Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. TIA Discretionary 19,390$ TIA Funds 315,281$ TIA Funds Supplement 173,716$ 508,387$ Section 3: Copies of this Capital Project Budget shall be made available to the Comptroller for direction in carrying out this project. Adopted this ____________________ day of ______________________. Approved _________________________________________________ Original-Commission Council Office Copy-Engineering Department Copy-Finance Department Copy-Procurement Department CPB#371-041110 Honorable Hardie Davis, Jr., Mayor CAPITAL PROJECT BUDGET Highland Avenue over CSX Railroad-Bridge Repair and Restoration 1 of 2 9/16/2022 Augusta-Richmond County, Georgia CPB#371-041110 CAPITAL PROJECT BUDGET Highland Avenue over CSX Railroad-Bridge Repair and Restoration CPB AMOUNT CPB NEW SOURCE OF FUNDS CPB ADDITION CPB TIA DISCRETIONARY (19,390)$ -$ (19,390)$ 235-041110-5212115 TIA FUNDS (315,281)$ -$ (315,281)$ 371-041110-5212115 T20040118-5212115 TIA FUNDS (173,716)$ (173,716)$ 371-041110-5414810 -$ T20040118-5414810 -$ TOTAL SOURCES:(334,671)$ (173,716)$ (508,387)$ USE OF FUNDS TIA DISCRETIONARY 235-041110-5212115 19,390$ -$ 19,390$ TIA FUNDS 315,281$ -$ 315,281$ 371-041110-5212115 T20040118-5212115 -$ TIA FUNDS 173,716$ 173,716$ 371-041110-5414810 T20040118-5414810 TOTAL USES:334,671$ 173,716$ 508,387$ 2 of 2 9/16/2022 Commission Meeting Agenda 10/4/2022 2:00 PM Highland Avenue over CSX Railroad-Bridge Repair and Restoration CSX Construction Agreement TIA Project RC07-000118/PI#0011390 Department:Engineering Department:Engineering Caption:Motion to approve entering into an agreement with (CSXT) CSX TRANSPORTATION, INC. Company stating that Augusta, GA will pay for the Construction Engineering, Inspection, and Flagging protection services, for the Highland Ave. over CSX Railroad Bridge Repair & Restoration Project in accordance with the estimate $173,716.00. Also, approve the Construction Agreement to be executed by the Augusta, GA Legal Counsel and the Mayor requested by Engineering. (Approved by Engineering Services Department September 27, 2022) Background:The Highland Avenue Bridge over CSX Railroad (Bridge Repair and Restoration) is a project from the “Approved Investment List” of TIA that was approved by voters of the CSRA in July 31, 2012 referendum. The Highland Avenue Bridge is a Band 3 project. The project is ready for construction phase and is in procurement letting now. Improvements also includes work that may impact railroad operation or may have railroad safety potential concerns. This railroad line is owned by CSX and entering into construction phase agreement is warranted to complete this project in safe manner. Analysis:Railroad coordination is required to ensure rail tracks safety and advance project construction schedule. Augusta would be required to enter into an agreement that Augusta will pay the estimated amount of $173,716.00 to CSX for CSX services that are needed during construction work at and around railroad tracks. Financial Impact:Funds are available in Project TIA Funds. Alternatives:1) Do not approve and find alternative to complete warranted improvements and meet TIA project completion schedule. Recommendation:Approve entering into an agreement with (CSXT) CSX TRANSPORTATION, INC. Company stating that Augusta, GA will pay for the Construction Engineering, Inspection, and Flagging protection services, for the Highland Ave. over CSX Railroad Bridge Repair & Restoration Project in accordance with the estimate $173,716.00. Also, approve the Construction Agreement to be executed by the Augusta, GA Legal Counsel and the Mayor. requested by Engineering. Funds are Available in the Following Accounts: ($173,716) 371-041110-5414810 – T20040118-5414810 - Project TIA Funds REVIEWED AND APPROVED BY: 1 AMENDMENT NO. EIGHT ADDITIONAL SERVICES AUTHORIZATION The following additional services to the contract for Wilkinson Garden Area Roadway Drainage Improvements, WKD Job #20090089.00.AG, dated March 23, 2009 between The City of Augusta, Georgia (OWNER) and W.K. Dickson & Co., Inc. (CONSULTANT) are authorized. 1. SCOPE OF SERVICES. CONSULTANT shall provide additional services as follows: a. Wilkinson Gardens Easement Survey – Perform the field survey and research required for the preparation of easement exhibits for the Wilkinson Garden Area Roadway Drainage Improvements project. The survey area is to include those lots and R/W associated with required temporary or permanent easements needed to install or maintain the proposed improvements. Approximately 30 lots will be included in the survey and easement exhibits. b. Wilkinson Gardens Easement Exhibits – Prepare easement exhibits to the City’s standards for approximately 30 lots within the Wilkinson Gardens Subdivision area. It is anticipated that one easement exhibit will be prepared for each individual lot or property owner. c. Doris Rd – Investigate the existing ponding/drainage issues along Doris Road from the intersection with Tubman Home Rd to 1532 Doris Road approximately 1200 feet to the east. The purpose of the study will be to determine the location of potential storm drainage improvements including a storm sewer collection system and or ditch installation to help alleviate the ponding issues along the public right of way. A topographic survey will be performed along the proposed study area (approximately 2.8 acres) and a utility locate will be performed (SUE Level B) along approximately 1200 feet of roadway. Once the survey is completed, WKD will perform a preliminary hydrologic and hydraulic analysis to determine the capacity needs of the proposed system and develop a conceptual plan and report for the proposed drainage improvements for review and approval of the Owner. Once the conceptual plan is approved, WKD will prepare the design for incorporation into the plan set for review and implementation by the Owner. d. Intersection of Gordon Highway and Tubman Home– Investigate the existing ponding/drainage issues in front of the restaurant site on Tubman Home Rd next to the intersection with Gordon Hwy. The purpose of the study will be to determine the location of potential storm drainage improvements needed to help alleviate the ponding issues along the public right of way. A topographic survey will be performed along the proposed study area covering approximately 0.4 acres and a utility locate will be performed (SUE Level B) along the roadway for approximately 200 feet. Once the survey is completed, WKD will locate the actual low point in the road profile for possible 2 drainage structure additions and will perform a hydrologic and hydraulic analysis of the existing and proposed system to determine/verify capacity of the system. A conceptual plan and report for the proposed drainage improvements will be prepared for review and approval of the Owner. Once the conceptual plan is approved, WKD will prepare the design for incorporation into the plan set for review and implementation by the Owner. e. Hyde Park – Update the Hyde Park plan set for current E&S nomenclature and standards including the current checklist and page references. The state standards associated with Erosion and Sediment Control changed after the original designs were completed. These modifications would bring the construction documents up to current standards and necessary permitting. Project Understanding and Assumptions: Upgrades for the drainage improvements may require roadway modifications and modifications of existing water and sewer systems. These upgrades are not included within the scope of this project. Poor drainage and standing water conditions have been identified along the right of way of Doris Rd. Additional issues may exist on the private properties along the route that are not included in the scope of this project but may benefit from the project’s implementation. It is anticipated that the existing ditch along Gordon Highway may be the discharge point for the proposed improvements and that an encroachment permit may be required for the project. Any required DOT permits will be applied for by the City of Augusta. After approval of any concept plans developed, WKD will develop the 90% design submittal for review by the Owner. After the 90% review comments are received, a final 100% design will be incorporated into the plan set. The construction plan set for the Wilkinson Garden Area Roadway Drainage Improvements project will be updated to include the proposed design improvements at Doris Road and the roadway section of Tubman Homes Rd in front of the Burger King site. These may include the cover page, general notes, existing conditions, demo sheet, plan sheet, profiles, erosion control, and construction details as needed. It is assumed that the plan set will be reviewed and approved by the City of Augusta staff and will not require separate review by other agencies for construction. The City will assist in any survey efforts by obtaining right of entry from any impacted property owners as needed. Any required easements will be obtained by the Owner. No bidding or construction phase services are proposed under this amendment. 2. TIME OF PERFORMANCE. CONSULTANT’s time of performance for the above additional services shall be 90 calendar days from the Notice to Proceed. 3. COMPENSATION. CONSULTANT shall provide the above Additional Scope of Work for a lump sum fee of ninety‐nine thousand three hundred dollars ($99,800.00) as broken out in the following table. 3 4 Description Total Fee Wilkinson Gardens Easement Survey $ 15,300 Wilkinson Gardens Easement Exhibits $ 21,500 Doris Road Topographic Survey and Drainage Design $ 39,000 Tubman and Gordon Hwy Topographic Survey and Drainage Design $ 17,400 Hyde Park Erosion Control Documents $ 6,600 Estimated Total Fee $ 99,800 4. All services and associated compensation shall be in accordance with the above referenced Contract for Services. OWNER: CONSULTANT: Augusta Engineering Department W.K. DICKSON & CO., INC. By: _______________________________________ By: _______________________________________ Title: Director _____________________________ Title: Vice President ________________________ Date: _____________________________________ Date: _____________________________________ (SA02- For changes greater than $25,000) September 2022 AUGUSTA-RICHMOND COUNTY ENGINEERING & ENVIRONMENTAL SVCS DEPARTMENT SUPPLEMENTAL AGREEMENT WHEREAS, We, W. K. Dickson, Community Infrastructure Consultants entered into a contract with Augusta- Richmond County on March 17, 2009, for engineering design services associated with Wilkinson Garden Area Roadway Drainage Improvement Project / Hyde Park, Project No. 328-041110-219828217, and WHEREAS, certain revisions to the design requested by Augusta-Richmond County are not covered by the scope of the original contract, we desire to submit the following Supplemental Agreement to-wit: Additional supplemental funding for various Tasks under Final Design Phase of Engineering Consultant Agreement to W K Dickson & Co., Inc. It is agreed that as a result of the above modification the contract amount is increased by $99,800.00 from $779,600.00 to a total of $879,400.00. This agreement in no way modifies or changes the original contract of which it becomes a part, except as specifically stated herein. NOW, THEREFORE, W. K. Dickson, Community Infrastructure Consultants, hereby agree to said Supplemental Agreement consisting of the above mentioned items and prices, and agree that this Supplemental Agreement is hereby made a part of the original contract to be performed under the specifications thereof, and that the original contract is in full force and effect, except insofar as it might be modified by this Supplemental Agreement. RECOMMEND FOR APPROVAL: CITY OF AUGUSTA-RICHMOND COUNTY W. K. DICKSON & CO., INC. AUGUSTA, GEORGIA Hardie Davis, Jr., Mayor Approved: Date Approved: Date [ATTACHED CORPORATE SEAL] [ATTACHED CORPORATE SEAL] ATTEST: ATTEST: Title: Title: Augusta Richmond County Project Number(s): 328-041110-219828217 Supplemental Agreement Number: 8 Purchase Order Number: P164761 Commission Meeting Agenda 10/4/2022 2:00 PM Wilkinson Garden Area Roadway Drainage Improvements Project Design Professional Services RFQ 07-114 Department:Engineering Department:Engineering Caption:Motion to approve supplemental funding for various Tasks under Final Design Phase of Engineering Consultant Agreement to WK Dickson & Co., Inc. in the amount of $99,800.00 for Wilkinson Garden Area Roadway Drainage Improvements as requested by AED. RFQ 07- 114. (Approved by Engineering Services Department September 27, 2022) Background:In March of 2009, the Augusta Commission approved the selection of WK Dickson to complete design for the Wilkerson Gardens Drainage Improvements project. The Project's 90% design review warranted inclusion of additional areas experiencing drainage issues and are hydrological connected to the same drainage sub basin. In addition, an extra field survey will be required for preparation of easement exhibits. Analysis:For the past several years project activities were primarily focused on completion of Wilkinson Garden Improvements final design and construction plans. Additional services are needed to complete easements plats and conducting hydrology study for adjustment of two areas and completing conceptual plan. Financial Impact:Funds are available in Project funds in SPLOST VI. Alternatives:Do not approve and find alternative to complete project design. Recommendation:Approve supplemental funding for various Tasks under Final Design Phase of Engineering Consultant Agreement to WK Dickson & Co., Inc. in the amount of $99,800.00 for Wilkinson Garden Area Roadway Drainage Improvements as requested by AED. RFQ 07-114. Funds are Available in the Following Accounts: ($98,800) 328-041110-5212115 – 219828217-5212115 SPLOST VI Funds REVIEWED AND APPROVED BY: commission Meeting Agenda commission chamber -grz0r20zz ATTENDANCE: Present: Hons. B. Williams, Mayor Pro Tem;Johnson, Garrett, Mason, Frantom, Scott, McKnight, D. Williams, Hasan and Clarke, members of Augusta Richmond County Commission. Absent: Hon. Hardie Davis, Jr., Mayor. INVOCATION: Reverend Xavier Creekmur, Pastor Beulah Grove Baptist Church. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. Five ($ minute time limit ner deleeation DELEGATIONS A. Update from Ms. Tonya Bonitatibus, Riverkeeper/Executive Director regarding the organization's Iteminitiatives/activities. Action: None I temAprr rovalSh eet. html Motions Motion Type Motion Text Made By seconded By HtJil Presentation is made by Ms. Bonitatibus. B. Green King Technologies Communications regarding revitalize of Olde Town city fundrising December Item 2022 and traffic light. Action: None ltem.{ pproyalSheet.html Motions Motion Motion Text Made Seconded MotionlYPe By By Result Presentation is made by Rev. Henry parks of St. paul Missionary Baptist Church. C- Mr. Moses Todd regarding Union apprenticeship opportunities, and Union's support of industrial Item development jobs Augusta Richmond County. Action: None I tcm.{rrn rovalSh eet.htm I Motions Motion Type Motion Text Made By Seconded By fffil Presentation is made by Mr. Todd. D. Ms. Deloris Opapeju regarding jail incarnations. I temApnrovalSh eet. html Motions Motion Type Motion Text Made By Seconded By HtJil Item Action: None Item Action: Approved Presentation is made by Ms. Opapeju. CONSENT AGENDA (Items l-36) PLANNING 1. FINAL PLAT - CARMELITA WAY - 5-967 - A request for conculrence with the Augusta Georgia Planning Commission to approve a petition by Steve Bargeron and Associates requesting final plat approval for Carmelita Way. This residential subdivision contains 15 lots and is located at 5115 Westbrook Road. Tax Map #353-0-005-15-0. DISTRICT 8 carmelita rva'r' final nlat.ndf I temApnrovalSheet.h tm I Motions Motion Type Motion Text Made By Seconded By Motion Result Yotion to approve' commisioner Sean Frantom commissioner Ben Hasan PassesApprove Motion Passes I0-0. 2. FINAL PLAT - SKINNER MILL TOWNHOMES - 5-963 - A request for concurence with the Augusta Georgia Planning Commission to approve a petition by Cranston Engineering Group requesting final plat approval for Skinner Mill Townhomes. This residential subdivision contains 23 lots and is located at3140 Skinner Mill Road. Tax Map #017-0-028-00'0. District 7 Item Action: Approved I'INAL PLAT SKI'r-\ER llll-L.ndf ItemAprrrovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Motion lo aPPrgIe^ Commisioner Sean Frantom Commissioner Ben Hasan PassesApprove Motion Passes l0-0. t 3. Z-22-2g - A request for concunence with the Augusta Georgia Planning Commission to approve with the recommendations below a petition by Joe Edge on behalf of Gateway to Augusta, LLC - requesting a Rezoning from Zone B-2 (General Business) and Zone R-lC (One-family Residential) to Zone PUD (Planned Unit Development) affecting property containing approximately 4.75 acres located at 1010 James Brown Boulevard, ll02 through 1120 (even #s) James Brown Boulevard,808 through 818 Hopkins Street,832through 844 (even#s)Hopkins Street,82l Hopkins Street, 1016through 1030 (even Item Action: Approved #s) Summer Street (22 tax parcels). A complete list of tax parcels is available in the Planning and Development office upon request. 1. Permiued uses of the site be limited to multi-family apartments, professional offices, restaurants and retail development. 2. The total height of the proposed structure shall not exceed 6 stories. 3. The overall density shall not exceed 29 units per acre (163-units total).4. Parcels shall be combined into one parcel. 5. There shall be a minimum l0-foot front setback on James Brown Boulevard and a minimum 20-foot front setback on Hopkins, Adams and Summer Streets.6. A minimum side setback of l0 feet is required. 7. The rear setback shall be the greater of 20 percent of the lot depth, not to exceed 50 feet. 8. A minimum of l0o/o of the site shall be dedicated to open space. Such open spaces may also include park, recreational or plaza primarily used for public use within 1,300 feet of the development boundaries. 9. A fence shall be installed by the developer around all the adjacent parcels that are used for parking. Fences located in the side and rear yards shall not exceed six (6) feet in height. 10. Any outdoor storage shall be limited to enclosed buildings or screening with a 6-foot wood privacy fence or masonry wall. 11. All signs must be permitted by the Planning Department. Building or wall mounted signs are limited to a maximum surface area of one (l) square foot per linear foot. Projecting signs may not project more than four (4) feet from the building wall it is attached except for canopy or awning mounted signs. Window signs may not occupy -or" than twenty (20) percent of the area of any window. 12. Atraffic study must be completed satisfying the requirements of Augusta Traffic Engineering. 13. Install and improve sidewalks on all adjacent streets to meet the latest adopted ADA standards. 14.New curb cuts must be permitted and meeithe standards of AugustaTraffic Engineering Department. 15. Lighting in the parking lot is to be directed down and u*ry fro- nearby residences. 16. Final building elevations and materials of the proposed structures are subject to design review' 17. Minor changes to an approved PUD site plan may be liandled administratively-by thePlanning Director. 18. Any changes deemed major will trigger the need to amend the original PUd siteplan and require Augusta Commission approval. 19. Building elevations must substantially reflect those presented with this application. Motion to approve. ^^_- - _t-:_ 6 Motion passes l0_0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 4. Z'22-36 - A request for conculrence with the Augusta Georgia Planning Commission to deny a petition by Sankait Tham on behalf of Poplar Group LLC - requesting a Rezoning from 7.one A (Ag;ic;ltural)and Zone R-l (One-family Residential) to Zone R-lE (One-family R.esidential) affeitiirg property containing approximately 24.59 acres locatedat240l Tobacco Road. Tax Map #142-0-O}0-OO-0. 2-22-29.odf I temA p rr rova IS heet. h tml Motions Motion Type Motion Text Approve Z 22-36.odf I tcm A pprovalsheet.ht ml Motions Motion Type Motion Text Approve Made By Seconded By Motion Result Motion Result Item Action: Approved Item Action: Approved Made By Seconded By Motion to approve. Motion passes l0-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 5' Z'22-42 - A request for concurrence with the Augusta Georgia Planning Commission to approve withthe recommendations below a petition by H & A Development on behali of S. Augusta Land Holdings,LLC - requesting a Rezoning from Zone R-l (One-family Residential) to Zoni R-lE (One-family Residential) affecting property containing approximately 24.03 acres located at 2420 Willis Foreman Road. Tax Map #194-l-001-00-0. DISTRICT 8 l. Minimum lot widths shall be 25 feet (30 feet for end units), with lots being no less than 100 feet deep, and height of structures shall not exceed 45 feet. Setbacks shall be 20 feet from the right-of-way on the front (minimum) to discourage parking within City right-of-way, 5-foot side setbacks on end units, and 25-foot rear setbacks for all proposed lots. Sidewalks shall be provided on both sides of all intemal roadways. 2. The 40-foot front setback must be maintained from the right-of-way of Windsor Spring Road and the 40-foot front setback must be maintained off of the right-of-way of Willis Foreman Road. 3. Developer must delineate a minimum l0-foot electrical utility easement between buildings for installation of electrical meters. 4. A Traffic Assessment / Traffic Analysis I Traffic Study, maybe required by the Traffic Engineer, shall be performed, and all traffrc related improvements, must meet the requirements by the Augusta Traffic Engineer Department. 5. Parking must be provided at 2.25 to 2.5 parking spaces per unit / lot, so that there is ample parking for each lot and ample guest parking in the development. 6. The number of subdivision entrance(s) shall comply with the Land Subdivision Regulations, based on the number of lots within the development per the concept plan2 entrances are required. 7. The amenities included in the Concept Plan submitted shall be installed before the 82nd unit receives a Certificate of Occupancy. 8. The required streetyard, to include large trees 45-feet on center, must be provided along Windsor Spring Road and also along Willis Foreman Road, pursuant to the requirements of the Augusta Tree Ordinance. A required 20-foot bufferyard, to include a 6-foot privacy fence, large trees 45 feet on center and shrubs, per the requirements of the Augusta Tree Ordinance must be provided along the property line opposite the entrance, with a lO-foot bufferyard, to include a 6-foot privacy fence, large trees 45 feet on .irrt"r and shrubs, per the requirements of the Augusta Tree Ordinance, being required along the other exterior property line, to buffer the proposed development from adjoining residentially zoned or residentially utilized properties. 9. This project shall comply with all development standards and regulations set forth by the City of Augusta, GA at the time of development. Z 22-12.pdf ItemAprrrovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Yotion to uPPt?Y"^ Commisioner Sean Frantom Commissioner Ben Hasan PassesAPProve Motion Pasies lo-0. 6. Z-22-47 - A request for concurence with the Augusta Georgia Planning Commission to approve with the recommendations below a petition by Piedmont Holdings LLC on behalf of David Duffie - requesting a Rezoning from Zone A (Agricultural) and Zone B-2 (General Business) to Zone R-38 (Multiple-family Residential) affecting properties containing approximately 10.57 acres located at 3805, 3807 and 3819 Wrightsboro Road. Tax Map #040-0-l10-00-0; 040-0-109-00-0 & 039-0-019-00-0. DISTRICT 3 l. ihe three properties shall be combined as one parcel and recorded in the Clerk of Superior Courts office prior to-submittal for site plan approval.2. The proposed development shall substantially comply *ith th. concept site plan submitted with the rezoning application and that the overall deniity of t6" development shall not exceed eight (8) dwelling units per acre. 3. A wetlands determination shall be performed on the properties, and if wetlands are found to exist any encroachment into the wetlands will need to be permitted by the U.S. Army Corps of Engineers. 4. The developer shall make any and all road improvements to Wrightsboro Road as required by the City of Augusta Traffic Enginier at the time of review for site plan approval. 5. The development shall provide a playground and walking trails as stated in the Letter of Intent submiued with the application at the time of submittal for site plan -approval. 6. Approval of this rezoning request does not constitute approval of the concept site plan submitted with the iezoning application. The proposed development shall obtain site plan approval in compliance with the Site Plan Regulations of Augusta, Georgia prior to construction tom*ircing on the properties. 7. The development of the properties shall comply with all developmeni standards and regulations set forth by the City of Augusta-Richmond County, Georgia, as Item Action: Approved amended, at time of development, including but not limited to the Stormwater Management Manual and the Flood Damage Prevention Ordinance. Motion to approve. Motion passes l0_0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 7. Z-22'48 - A request for concurrence with the Augusta Georgia Planning Commission to approve apetition by Parker Collins/Flouse Heroes LLC on behalf of Paul Miller - iequesting a Rezoning fromZone P'l (Professional/Office) to Zone R-lA (One-family Residential) afflcting property coniaining approximately 0.28 acres located at 1948 Lumpkin Road. Tax Map #ll1-2-l21-00-0. z-22-1'7 reoort.odf ItemAorrrovaISheet.htmI Motions Motion Type Motion Text Approve 2-22-18.pdf ItemAppror.alSheet.html Motions Motion Type Motion Text Z 22-50.ttdf ItemAnnrovalSheet.html Motions Motion Type Motion Text Made By Made By Seconded By Seconded By Motion Result Motion Result Motion Result Item Action: Approved Item Action: Approved Approve Motion to approve. Motion passes l0-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 8. Z-22-50 - A request for concurence with the Augusta Georgia Planning Commission to approve with the recommendations below a petition by JSMG Development, LLC on behalf of CSRA Elecirical Joint -requesting a Rezoning from Zone R-lA (One-family Residential) to Zone R-38 (Multiple-familyResidential) affecting property containing approximately 6.56 acres located at 3l2S Richmond HillRo1d. Tax Map #12l'0-005-00-0. l. The proposed apartment complex shall substantially complywith the concept site plan submiued with the rezoning application and that the overall density of thedevelopment shall not exceed seventeen (17) dwelling uniti per acre as permitted by the R-3ti zoningdistrict. 2. The developer shall make any and all road improu.*"nt, to Richmond Hill Road asrequired by the City of Augusta Traffic Engineer at the time of review for site plan approval. A Trafficstudy may be required. 3. The development shall provide a playground, open space-and a dog park asstated in the Narrative submitted with the application at the time ofsubmiuai for rit. ptan appro-vat. +.Approval of this rezoning request does not constitute approval of the concept site plansubmitted with therezoning application. The proposed development shall obtain site plan approval in compliance with SitePlan Regulations of Augusta, Georgia prior to construction .o...n"irg on the property. 5. Thedevelopment of the property shall comply with all development standards and regulations seiforth by thecity of Augusta-Richmond county, Georgia, as amended, at time of development. Made By Seconded By Approve Motion to approve. Commisioner Sean Frantom Commissioner Ben Hasan Passes Motion Passes 10-0. g. Z-22-Sl - A request for concurrence with the Augusta Georgia Planning Commission to approve with the recommendations below a petition by Augusta Cyberworks 2 LLC - requesting a Rezoning from ZoneB-2 (General Business) to Zone LI (Light Industrial) affecting approximately 0.50 acres out of 9.58 acres located at 1693 and 1697 Broad Street. Tax Map #036-l-172-00-0 and 035-2'034-00-0. l. That the rezoned land shall be combined with 1661 Broad Street (zoned LI) immediately subsequent to this approval. 2. That future Development of the property shall comply with all development standards and regulations set forth by Augusta-Richmond County, Georgia, as amended, including the Augusta Tree Ordinance, as amended, at the time of development. 3. The portion of subject property being rezoned to LI (Light Industrial) shall only be used for warehouse space. Item Action: Approved Z 22-51.odf ItemArrnrovalSheet.html Motions Motion Type Motion Text Approve Made Bv Seconded By Motion Result Motion to approve' Commisioner Sean Frantom Commissioner Ben Hasan PassesMotion Passes l0-0. lO. Z-22-52 - A request for concurrence with the Augusta Georgia Planning Commission to approve with ltem the recommendations below a petition by Augusta Housing & Community Development on behalf of Action: Woda Cooper Development, Ini. and Parallel Housing, Inc. - requesting a change of zoning from PUD Approved (Planned Unit Deveiopment) to PUD @lanned Unit Development) affecting property containing approximately 1.53 acres and known as 1016 Laney Walker Boulevard. Tax Map 046-4-766'00-0. l. permiued uses of the site be limited to multi-family apartments, professional offices, restaurants, and retail development. 2. The total height of any structure shall not exceed 4 stories or 75 feet, to include any attached or detached structures. 3. The overall density shall not exceed 42 units per acre. 4. The total commercial space in each building shall not exceed 25,000 gross square feet in area.5. There shall be no required front setback, a minimum l0-foot side setback and a minimum rear setback of 25 feet.6. The site must conform to all related provisions of the Augusta Tree Ordinance or applicable landscaping codes. 7. The off-street parking requirement shall be 80 spaces. If during site plan review additional ipur.. are needed it will be addressed. Onsite bike parking must be provided. 8. A minimum oi tOyo of the site shall be dedicated to open space. Such open spaces may include park, recreational or plazaprimarily used for public use. 9. The maximum lot coverage for each lot shall be g0o/o, to include building and impervious areas. 10. A traffic study or traffic assessment must be completed satisfuing the requirements of Augusta Traffic Engineering. I l. A fence or screen wall in the required front yard it utt nofexceed four (4) feet in height. A fence or screen wall in the required side or rear yard shali not exceed six (6) feet in height. 12. Any outdoor storage shall be limited to enclosed buildings or screening with a 6-foot wood privacy fence or masonry wall. 13. All signs must be permittia by the planning Department. Building or wall mounted signs are limited to a maximum surface area of 2 square feet per linear foot. Projecting signs may not project more than 5 feet from the building wall it is attached except for canopy or awning mounted signs. Window signs may not occupy more than 20 percent of the area of any window. 14. Improve sidewalks on all adjacent streets to meet the latest adopted ADA standards. l5.New curb cuts must be permitted meet the standards of Augusta Traffic Engineering Department. 16. Lighting in the parking lot must be directed away from nearby residences. lZ.-Final Uuitai"g elevations and materials of the proposed structures are subject to design review. lg. Minor changJs to an approved PUD site plan may be handled administratively by the Planning Director. 19. An:y changes ieerned major will tiigger the need to amend the original PUD site plan and require Augusta Commission upp.ouu1. 20. Building elevations must reflect those presented with this application. 2-22-52.odf I temAprr rovalSh eet.html Motions Motion Type Motion Text Made By ^ Motion to aDorove.Approve ffi;; i,;;IJ. j;:;. commisioner Sean Frantom Commissioner Ben Hasan Passes Seconded By Motion Result 11. Motion New Location: A.N. 22-65: A request by Jacqueline Stephenson for a retail package Beer & Item Wine license to be used in connection with Family Dollar >3008 located at 3258 Wrightsboro RD. Action: District 2. Super District 9.(Approved by Public Services Committee September 13,2022) Approved Motion to approve.Approve Motion passes l0_0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 12. Motion to approve New Location: A.N. 22-66: A request by Jacqueline Stephenson for a retail Item package Beer & Wine license to be used in connection with Family Dollar #29308 located at 2428 Action: Windsor Spring RD. District 6. Super District l0.(Approved by Public Services Committee Approved September 13,2022) AN-22-65.pdf I tcnrApnrovalSheet.htnrl Motions Motion Type Motion Text AN-22-67.ndf I temApn rova lSheet.htm I Motions Motion Type Motion Text Approve Made By Made By Commisioner Sean Frantom Seconded By Motion Result Commissioner Ben Hasan Passes Seconded By Seconded By Motion Result Motion Result I temA unrovalS h eet.h tm I Motions Motion Type Motion Text Made By Motion to approve.Approve Motion passes l0_0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 13. Motion to approve New Location: A.N. 22-67: A request by Jacqueline Stephenson for a retail Itempackage Beer & Wine license to be used in connection with Family Dollar >6198 located at 2020 Action:Gordon HWY. District 2. Super District 9 (Approved by Public Services Committee September 13, Approved2022). Motion to approve. Motion Passes l0-0. 14. Motion to approve Existing Location: A.N. 22-68: A request by Raju Vemuganti for a retail package Beer & Wine License to be used in connection with Mini Mart located at3307 B Mike Padgett HWY. District 6. Super District 1O.(Approved by Public Services Committee September 13,2022) Item Action: Approved Motion to approve.Approve Motion passes l0_0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 15. Motion to approve Existing Location: A.N. 22-69: A request by Victor Stanislaus for a retail package Item Beer & Wine license to be used in connection with Fuel Express located at 2700 Gordon HWY. Action: District 2. Super District 9.(Approved by Public Services Commiffee September 13,2022) Approved AN-22-68.pdf I temA n nrova lS heet.html Motions Motion Type Motion Text An-22-69.orlf ItemApnrovalSheet.html Motions Motion Type Motion Text Made By Made By Seconded By Seconded By Motion Result Motion Result Motion to approve' commisioner Sean Frantom commissioner Ben Hasan PassesApprove Motion Passes I0-0. 16. Motion to approve Existing Location: A.N. 22-71: A request by Chadwick Bush for a consumption on premise Liquor, Beer & Wine license to be used in connection with Da Six located at 2623 Deans Bridge RD. There will be Dance. District 2. Super District 9.(Approved by Public Services Committee September 13, 2022) Item Action: Approved AN-22-7l.rrdf I temAprrrovalSheet.html Motions Motion Type Motion Text Motion ResultMade By Seconded By Motion to approve' Commisioner Sean Frantom Commissioner Ben Hasan PassesApprove Motion Passes l0-0. 17. Motion to approve New Location: A.N. 22-70 A request by Salvador Villasenor for a consumption on premise Liquor, Beer & Wine license to be used in connection with Taqueria El Patron located at3435 Wrightsboio RD Ste 1130. There will be Sunday Sales. District 5. Super District 9. (Approved by Public Services Committee September 13,2022) Item Action: Approved An--22-70.ndf I tem An provalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Motion to approve.Approve tUotion passes l0_0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 18. Motion to approve Extension: A.N.22-22-3: A request for an Extension for the consumption on premise Liquor, Beer & Wine license to be used in connection with Miami Vybz locate d at 730 Broad ST. District l. Super District 9. Alcohol License approved on Tuesday April 19,2022 (Approved by Public Services Committee September 13,2022) Item Action: Approved ,4.N-22-22-3.rrdf I temAp n rovalSheet. htm I Motions Motion Type Motion Text Motion to approve.Approve Motion passes l0_0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 19. Motion to approve the contract with Johnson Controls Inc. in the amount of $63,833.00 for the Item installation of a new fire alarm system replacement upgrade for the Augusta Regional Airport Hangar 2 Action: location. Approved by the Augusta Aviation Commission on August 24, 2}22.(Approved by Public Approved Services Committee September 13, 2022) Aeenda Item - !'ire .{larm Hanear 2 - ATTACHMENT.pdf ,Iohnson ('on(rol - Sole_Source.udI l tenrA p p rovalShcet.h t m I Motions Made By Seconded By Motion Result Motion Result Passes Motion Type Motion Text Made By Seconded By Approve M::ffi i,""3lJJi[:;. commisioner Sean Frantom commissioner Ben Hasan ADMINISTRATIVE SERVICES 20. Motion to approve the purchase of one new Slope Mower, Remote Type for $60,332.00 from Jet-Vac ofAtlanta, GA for the Utilities Department-Facilities Maintenance Division. (Approved byAdministrative Services Committee September 13, 2022) Rouline Sheel_- SS_-_ltenrote \lou cr.trdl' Sole Source - Procurcmcnt apnroyed 25 AttG 2022.prlf I temApnrovalSheet.html Motions Item Action: Approved Motion to approve' Commisioner Sean Frantom Commissioner Ben Hasan PassesApprove Motion Passes l0-0. 21. Motion to approve required due to the fact that purchases on the individual purchase orders will exceed ltem $25,000.00 per order. The following annual bid items: Engineering: ITB 23-023 Asphaltic Concrete Action: ITB 23-104 Light Fleet Parts Utilities: ITB 028 Safety Supplies ITB 23-066 Warehouse Supplies Approved Award Recommendation is for I year with an option to extend for I additional year. Annual Bid - Service Contract Environmental Services ITB 23-114 Mechanic Block Time Award Recommendation for 3 years with an option to extend for 2 additional years(Approved by Administrative Services Committee September 13, 2022) 23-02J Aspaltic-('oncrete-.{eenda Attachment.pdf 23-10{ Lisht_Fleet Parts.pdf 23-028 Safety Sunnlies.ndl' 2J-ll-l Xlechanic Blnck Timc.ndf 2023 .{nnual Bid Auard Recommendation - Request #l.ndf 23-066 \\'arehouse Surrrrlies.pdf ItemApurovalSheet.html Motions Motion Result Motion Type Motion Text Made By Motion Type Motion Text Made By ItemAprrrovalSheet.html Motions Motion Type Motion Text Made By Seconded By Seconded By Seconded By Motion Result Motion Result Motion to approve' commisioner Sean Frantom commissioner Ben Hasan PassesApprove Motion Passes l0-0. 22. Motion to approve postponing the Augusta, Georgia Strategic plan until the first of Zl23.(Approved by Item Administrative Services Committee September 13, 2022) Action: Approved Motion to approve' Commisioner Sean Frantom Commissioner Ben Hasan PassesApprove Motion Passes l0-0. 23. Motion to authorize the submission of the FY2022 CoC Application to HUD, and grant the Mayor the Item authority to execute all forms associated with the application, to include but not limited to: Submission Action: of the Consolidated Community Application, Priority Listing Exhibit 2 Project Applications, Approved Certifications of Consistency, Conditional Award Technical Submissions, New and Renewal Grant Agreements and Annual Progress Reports (APR). (Approved by Administrative Services Committee September 13,2022) I tem A p rr rov a I S h eet. h tm I Motions Motion Type Motion Text Made By Seconded By Motion Result Motion to approve.Approve tUotion passes l0_0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 24. Motion to approve Housing and Community Development Department's (HCD's) request to provide Item HOPWA/HOME funding to J. Lovett Homes & Construction LLC, to rehabilitate duplex on Lyman Action: Street to be used as affordable rental properties. (Approved by Administrative Services Committee Approved September 13,2022) 2526-2528Lvman(Lovett).pdf ItenrApnrol alSheet.htmI Motions Motion Type Motion Text Made By Seconded By Motion Result Motion to approve.Approve Motion passes l0-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 25. Motion to approve two (2) Rehabilitation projects.(Approved by Administrative Services Committee ltem September 13,2022) Action: Approved 2028 Steiner Ave (lontract .pdf 2l2l Richards St (lontract .pdf I tenrA pn rovalS h eet.htm I Motions Motion Type Motion Text Made By Seconded By f""riil Motion to approve.Approve :';".:"^^: *"^::': Commisioner Sean Frantom Commissioner Ben Hasan Passes' ^rr'- ' - Motion Passes l0-0. 26. Motion to approve the award of bid #22-189, Augusta Saturday Market - Electrical Improvements in the Item amount of $305,000.00 to be performed by JHC Corporation utilizing Parks and Recreation Department Action: capital funding. (Approved by Administrative Services Committee September 13,2022) Approved Attachment I - Poner Plan Ccneral Notes anrl Legend.ndf lnlitation to Bid_-_Sent lo Parrer.docx Official Bid Tab.xls 22-189 Department Recommendation of Au,ard (2).pdf 22-I89 Planholders List.pdf ItemA purovalSheet. htm I Motions Motion Type Motion Text Made By Seconded By Motion Result Approve M:[ffi i,""3lJJll:;. commisioner Sean Frantom commissioner Ben Hasan passes 27. Motion to approve award of contract to prepare Construction Documents for converting the former Item Houghton Elementary School into space for Augusta Juvenile Court System (AJCS) and the Richmond Action: County Board of Elections (RCBE) to Hussey Gay Bell Architects of Savannah, GA in the amount of Approved $99,200 (fixed fee) for Phase I, Programming and Concept Design; and $735,000 (fixed fee) for Full Design and Construction Administration, including a $5,000 allowance for reimbursables. RFP 22-174. (Approved by Administrative Services Committee September 13,2022) 22- l 7.1 H oushton_Revised_Cons u ltant Ho u rh,_Rates. od f Advertisement for PaDer.docx 22-l 7.t OFF'IC|AL ]'.{B.xls I'rc-Qualification Conference for 22-17{.xlsx 22-17.1 Cumulative Eval.ndf 22-17{ Department Recommendation of Award.udf 22-l7J Planholders.ndf FY l_Process_Resa rd in g_RFOs. pd f Contract.pdf I temAnnrovalSheet. htm I Motions Motion Type Motion Text Made By Seconded By Motion-J Result ^ Motion to approve.Approve Motion passes l0_0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 28. Motion to approve purchase of K-9 patrol / transport vehicle and equipment in the amount of ltem $49,614.00. Approved by the Augusta Aviation Commission on July 28, 2022. (Approved by Action: Administrative Services Committee September 13, 2022) Approved K-9 \/ehicle ATTACII\IENT.ttdf ItemAunrolalShcet.htm I Motions Motion Type Motion Text Made By Seconded By Motion Result . Motion to aDDrove.Approve '^;;i;; i,;;IJr;;:;. Commisioner Sean Frantom Commissioner Ben Hasan Passes 29. Motion to approve Contract with Koa Hills Consulting, LLC to provide On-Demand ERP Support and Item Configuration Services. (Approved by Public Safety Committee September 13,2022) Action: Approved KoaHills ProfessionalServicesAereement.odf Procurement_SoleSource Arrproval.ndf I temApnrovalSheet. htm I Motions Motion Type Motion Text Made BY Seconded By Motion Result Motion to approve.Approve ir^otion passes l0-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 30. Motion to approve the request to move funds to the Richmond County Sheriff s Office Training Range Item Capital Outlay. (Approved by Public Safety Committee September 13,2022) Action: Approved BID 22-261.nd1 8. 2 -1.22 ('om n act-'l-rackcd-Steer Loader-Asend a.d ocx BA - Budsel to Actual Fieures((il.lL- Budget ( ontrol. 2'l .\ue 2022.PDF I tenrAprrrovalSheel.html Motions Motion Type Motion Text Made By Seconded By f""r|ii Approve M:[ffi i,"rlXJJ![:;. commisioner Sean Frantom commissioner Ben Hasan Passes ENGINEERING SERVICES 31. Motion to approve and adopt proposed Ordinance changes to the Augusta, Georgia Code, 3-5-l and 3-5- Item 86 to modify requirements for personal transportation vehicles (PTV). (No recommendation from Action: Engineering Services Committee August 30, 2022; approved by the Commission September 6, Approved 2022-second reading ) SKNII_C650i2208 I 5 l.{,l60.ndf I temAnnrovalS heet. htm I Motions Motion Type Motion Text Made By Seconded By Motion Result Motion to approve.Approve Motion passes l0_0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 32. Motion to approve Award of Bid #22-226 for the construction of additional parking lots to LEP Item Contracting,LLC. (Approved by Engineering Services Committee September 13,2022) Action: Approved Director s_\Iemo.ndf Invitation to Bid Sent to Paper.doc OFFICIAL_'I'AB SHFIEI _- 22-22(r.udf 22-226 Comnliance Reyieu.ndf 22-226 Planholders.pdf ItemArrprol'alSheet. htrnl Motions Motion Type Motion Text Made By Seconded By Approve Motion Result Motion to approve. Motion passes l0-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 33. Motion to approve proposal from Johnson, Laschober and Associates, P.C. (JLA) to to provide supplemental engineering services for Utilities Department on Fort Gordon. (Approved by Engineering Services Committee September 13, 2022) Al lD_FC_JLA_Supplenrental_- Proposal.pdf A('D FC JLA Sunnlemental - Proiects \ icinitl Nlan.ndf Johnson l,aschober-18[,]-I.l5l (lhanee Order l.ndf I temA pnrova lS h eet.html Motions Motion Type Motion Text Item Action: Approved Approve M:li:l i,""3XJJll:;. commisioner sean Frantom Commissioner Ben Made By Seconded By Motion Result Hasan Passes 34. Motion to approve and authorize Augusta co-execute US Department of Commerce Financial Assistance Award to Augusta Economic Development Authority. Award estimated amount is $4,132,680 (Federal Share:$2,000,000. Recipient Share+$2,132,000. (Approved by Engineering Services Committee September 13,, 2022) Item Action: Approved SKNI C65822091,{18380.ndf 2022-lJ-09 [-ner. Senices EDA ('onstruction ST('s (Mar 22 202lUrr Part lll DO( ST( s].ndf ItemApprolalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result PassesApprove Motion to aPProve' Motion passes I0_0. Commisioner Sean Frantom Commissioner Ben Hasan PETITIONS AND COMMUNICATIONS 35. Motion to approve minutes of the Regular Meeting held September 6 and Special Called Meetings held ltem September 8 and 13,2022. Action: Approved I temApprrx'alSheet.h tm I Motions Motion Type Approve Motion Text Motion to approve. Motion Passes l0-0. Made By Seconded By f"'rXil Commisioner Sean Frantom Commissioner Ben Hasan Passes APPOINTMENT(S) 36. Motion to approve the appointment of Mr. Tommy Gardiner to the Richmond County Library Board representing District 4. Item Action: Approved I temApprova lSheet. html Motions Motion Type Motion Text Made By Approve Motion to approve' Motion passes l0-0. Commisioner Sean Frantom ****END CONSENT AGENDA**** AUGUSTA COMMISSION 9t20t2022 Seconded By Motion Result Commissioner Ben Hasan Passes AUGUSTA COMMISSION REGULAR AGENDA 9t20/2022 (Items 37-47) PLANNING 37. Z-22-35 - A request for concurrence with the Augusta Georgia Planning Commission to deny a petition Itemby WK Dickson & Co., Inc. on behalf of Camp Josey Property Group, LLC - requesting a neroning Action:from Zone A. (Agricultural) to Zone HI (Heavy Industrial) affecting pioperties containin! Approvedapproximately 553.21acres located at 3068, 3129,3130, 3159, 3181, 3185 Camp ior"y Road and 4464 Deans Bridge Road. Tax Map #l9l-0-001-01-0, l9t-0-002-00-0, l9l-0-OOj-OO-0, t9l-0-002-03-0, l9l-0-002-04-0, I 91-0-002-02-0 and I 90-0-01 7-01-0. Z-22-i5.odf I temApnrovalSheet.html Motions Motion Motion Textrype Motion to approve the petition with the inclusion of nine conditions as required by a __-- _.- Planning and Development.APProve Voting fro, Commissioner MotionSeconded Bv l- - - --'--- -r ResultMade By Commissioner Commissioner Ben Hasan Brandon Garrett Passes Dennis Williams. Motion Passes 9-1. 38. Z-22'46 - A request for conculrence with the Augusta Georgia Planning Commission to deny a petition Itemby Winchester Homes of GA on behalf of Ray Clyde and Susanmarie Harden - requesting a Rezoning Action:from Zone R-l (One-family Residential) and Zone R-18 (One-family Resideniial) to Zone R-lE Rescheduled(One-family Residentiat) affecting properties containing approximat ely 20 .23 acres locate d at 413 , 415 ,419,421,425,427,429,433 and 435 Pleasant Home Road. Tax Map #016-0-048-03-0; 016-0-048-02-0; 0 1 6-0 -047 -00-0; 0 I 6-0-046-00-0; 0 I 6-0-045-00-0; 0 I 6-0-045-0 I -0; 0 I 6-0 -045-02-0; 0 I 6-0-044- 00-0 and 016-0-043-00-0 2-22-16.odf ItemApprovalSheet.html Motions Motion Text Motion to refer this item back to the Planning Commission. Voting No: Commissioner Made By Seconded By Defer Brandon Garrett, Commissioner Alvin Mason, Commissioner Dennis Williams. Motion Passes 7-3. PUBLIC SERVICES 39. Update from the Augusta Recreation Director relative to the construction of restrooms Lakes. (Requested by Commissioner Alvin Mason) Motion Type Commissioner Jordan Johnson Commisioner Sean Frantom Motion Result Passes Diamond Item Action: Approved ADMINISTRATIVE SERVICES 40. Motion to approve the purchase of two 2024ETl ETC4OIH, at a individual cost of $176,063.00 each for Item a total of $SSZ,fZO.66 from Equipment Technology,LLC. (Bid22-214) for the Engineering Department- Action: Traffic Engineering Division and Street Lights Division. (Approved by Administrative Services Approved Committee on August 30,2022; deferred from the September 6,2022 Commission Meeting). 204258 Disposal \lemos siened 22 JtrL 2022'Ddf \ensnancr lnrilalion to Bid.docr 22-2lJ OFFI(llAl, TAB SHEEI-.xls 22-21,1 Department Recommendation of Arvard.pdf 22-21,1 Planholders.ndf 2022-20-09 Buck Trk-22-21{ ITB.pdf 2022-20-09 .\dmin-Bucket-Truck Data-FLl\{GlDNI2.ndf ItemAnnrovalSheet.html Motions Motion Result ItemApprovalSheet.html Motions Motion Motion Text'r'ype It was the consensus of the Commission that this item be received as information without objection. Motion Type Motion Text Made By Made Seconded Motion By By Result Seconded By Approve M::ffi i,""rlJJiH;. commisioner Sean Frantom Commissioner Ben Hasan Passes 41. Motion to adopt Fort Gordon GroMh Management plan resolutionCommission. (Requested by Mayor Hardie Da'vis, "fr.j 2022-20-09 R.rotr,in, JOINT LAND I,SEJT(,DY FORT GORDON.odf I temA p provalsh eet. h tm I Motions f#:"' Motion rext Made By in support of CSRA Seconded By Motion to refer this item to the nextDefer Commission meeting. Commisioner Sean Commissioner Ben passes Motion passes l0_0. Frantom Hasan JtenrApprovalSheet.htnr l Motions Motion Motion Textr ype It was the consensus of the commission that this item be received as information without objection. 43. Discuss the use of Enterprise Funds being used to cover the Commissioner Alvin Mason) I tenrA uproyalSheet. h tm l Motions Motion Type Motion Text It was the consensus of the Commission that this item be received as information without objection. 44. Consider recommendations from the persons effective January 1r2023 for a Commission: Dr. Cheryt Newman and Made Seconded MotionBy By Result General Fund. (Requested by Item Action: Approved Made Seconded MotionBy By Result Richmond county Board of Health to reappoint the following Itemfour-year term to Member-at-large appointmints by the Augusta Action:Ms. Antonia Autry. Approved FINANCE 42' Receive information from Administration relative to the procedural process for outside agencies, 2023 Itembudget requests. (Requested by Commissioner Ben Hasan) Action: Approved Regional Item Action: Rescheduled Motion Result 2022-20-09 RC Board of Health (_.omnosftion-nrtf 2022-20{19 TBo BoH R.rrnt. Antoni, Aut.r' Trr.nt Brnk ou.rtionnri...n,r. 2022-20-09 TBQ BOH Reaprrt.(therll n*en,man 7_tJ_20l7.rrdf ItemAPProvalShect.html Motions Motion Motion TextType Motion to apProve. Mr' Johnson, Mr' Approve Frantom and Mr. Clarke out' Motion Passes 7-0. ATTORI\EY SKNI-C65822091 9l 5480.ndf ItemAnn rovalS hect. htm I Motions Motion Type Motion Text Made By Approve MotionSeconded BY Result CommissionerBen passes Hasan Made By Commissioner Alvin Mason 45. Motion to approve an ordinance to Amend the Augusta, GA Code Title one Chapter Two Article one Section l-2-2 AND SECTION t-2-t3 (RULE oF pnocBDURE l.0l) Relating to the Time AND PLACE for Commission AND COMMITTEE Meetings of the Augusta, Georgia Board of Commissioners; To Repeal All Code Sections and Ordinances and Parts of Code Sections and Ordinances in Conflict Hirewith; To Provide an Effective Date and For Other Purposes. Seconded By Motion Result Motion to approve' Commisioner Sean Frantom Commissioner Ben Hasan Passes Motion Passes 10-0. 46. Motion to approve an Ordinance to amend the Augusta, Georgia Code to allow the consideration of a rezoning of pioperty after six months of the denial of a same or similar petition for the rezoning of the property. SKlt ('65822091915{90.ndf ItemAnnrolalSheet.html Motions Motion Type Motion Text Approve Made By Seconded By Motion Result Motion to approve' Commisioner Sean Frantom Commissioner Ben Hasan Passes Motion Passes 10-0. ItenrApprovalSheet.htm I Motions ADDENDUM 47. Motion to accept Georgia Department of Transportation (GDOT) FY 2073 Grant in the amount of $105,152.03. ApproveJUy tti Augusta Aviation Commission on August24,2022. (Agenda item is scheduled for september i7,2022, public services committee, however GDOT notified us yesterday that they are ready to move on this grant award)' Item Action: Approved Item Action: Approved Item Action: Approved Motion Text Motion Type Made By It was the consensus of the Commission that this item be added to the agenda. Seconded By Motion Result Motions Motion Type Motion Text Made By seconded ^ Motion|,Y Result Approve Motion to aPProve' Motion passes l0-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 48. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act.Item Action: None wrvw.augustaga.gov CALLED MEETING COMMISSION CHAMBER September 27,2022 Augusta Richmond County Commission convened at 1 1:00 a.m., Tuesday, Septemb er 27,2022, the Honorable Hardie Davis, Jr., Mayor, presiding. PRESENT: Hons. Johnson, Garrett, Frantom, Mason, B. Williams, Scott, McKnight, D.Williams, Hasan and Clarke, members of Augusta Richmond County Commission. ABSENT: Hons. Frantom and Mason, members of Augusta Richmond CountyCommission. Mr. Mayor: We'll call this meeting to order. The Chair recognizes Attomey Brown. 1. LEGAL MEETING A. Pending and potential litigation B. Real estate C. Personnel Mr. Brown: Good morning, Mayor Davis and commissioners. We request a motionto go into executive session for the discussion of pending and potential litigation as well as real estate. Mr. Garrett: So move. Mr. Hasan: Second. Mr. Mayor: Voting. Mr. D. Williams out. Motion carries 7-0. IEXECUTTVE SESSTONI 2. Motion to authorize execution by the Mayor of the affidavit of compliance withGeorgia's Open Meeting Act. Mr. B. Williams: So move. Mr. Garrett: Second. Ms. McKnight and Mr. Clarke out. Motion carries 6-0. IMEETING ADJOURNED] Lena J. Bonner Clerk of Commission CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certifu that the above is a true and correct copy of the minutes of the Called Meeting of the Augusta Richmond County Commission held on Septanber 27,2022. Clerk of Commission Commission Meeting Agenda 10/4/2022 2:00 PM Minutes Commission Regular and Special Called Mtgs. Department:Office of the Clerk of Commisson Department:Office of the Clerk of Commisson Caption:Motion to approve minutes of the Regular Meeting held September 20, 2022 and the Special Called Meeting held September 27, 2022. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 10/4/2022 2:00 PM Amend City code section 1-2-2 and 1-2-13 Rule of Procedure reflect CY 1st Tuesday in .December. Department:Augusta Law Department Department:Augusta Law Department Caption:Motion to approve an Ordinance to Amend the Augusta, GA Code Title One Chapter Two Article One Section 1-2-2 AND SECTION 1-2-13 (RULE OF PROCEDURE 1.01) Relating to the Time AND PLACE for Commission AND COMMITTEE Meetings of the Augusta, Georgia Board of Commissioners; 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. (Approved by the Commission September 20, 2022 - second reading) Background:The Augusta Commission in its January 18, 2022 meeting approved that the city code be amended to reflect CY its last meeting taking place on the 1st Tuesday in .December. Analysis:N/A Financial Impact:N/A Alternatives:N/A Recommendation:N/A Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Commission Meeting Agenda 10/4/2022 2:00 PM Ordinance amendment to six months for appeal of rezoning petitions Department:Augusta Law Department Department:Augusta Law Department Caption:Motion to approve an Ordinance to amend the Augusta, Georgia Code to allow the consideration of a rezoning of property after six months of the denial of a same or similar petition for the rezoning of the property. (Approved by the Commission September 20, 2022 - second reading) Background:Amendment to the Augusta Commission's Rules of Procedure to mirror State Law. Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: September 12, 2022 The Lenox Limited Partnership Attn: Mr. Denis Blackburne 50 Meeting Street, Suite D Savannah, GA 31411 Re: HOME Investment Partnership Funds ~ The Lenox Project Dear Mr. Blackburne, Pursuant to several discussions over the past months, the Augusta Housing and Community Development Department acknowledges your request for financial support for your proposed low- income housing tax credit development, known as The Lenox. The project will consist of sixty- four (64) multi-family units to be located across 1.5 acres in the Laney Walker Community, located on Laney Walker Boulevard in Augusta, Georgia. Further, we acknowledge that The Lenox Limited Partnership is a limited partnership composed of Parallel Housing, Inc., of Athens, GA and The Woda Group, LLC, of Westerville, OH. It is also our understanding that the dynamics of this project includes the construction of one building; comprised of 1- and 2-bedroom units for low-income households. Therefore, the Augusta Housing and Community Development Department (HCD) is committed to providing The Lenox project loan funding in the amount of Six Hundred Forty Thousand and 00/100 Dollars ($640,000.00) via our HOME Investment Partnerships Program. Additionally, please be advised that, 100% of this funding is being committed to The Lenox, L.P. as a loan for 20 years at one percent (1%) interest per annum (loan will be amortized over the 30 years). This committed funding is contingent upon completion of all necessary documentation to the satisfaction of the City of Augusta, normal and customary underwriting of the project, the project sponsors, compliance with all Federal and City regulations and policies and most importantly, an approved low income housing tax credit application via the Georgia Department of Community Affairs (DCA). The Lenox Project Commitment Letter – Attn: Denis Blackburne September 12, 2022 Page 2 HCD sincerely appreciates your team’s efforts and commitment to such a key development as a part of the Laney Walker community. Thanks for your time and if you have any additional questions or concerns, please don’t hesitate to give me a call at (706) 821-1797 Sincerely, Hawthorne Welcher, Jr. Director 5/8/2021 12 MallalieuPointe,EastPoint,GA 23 MallalieuPointe,EastPoint,GA 24 23 24 Commission Meeting Agenda 10/4/2022 2:00 PM HCD_ The Lenox: Affordable Mixed Used Rental Housing Project Approval Request Department:HCD Department:HCD Caption:Motion to approve HCDs request to loan HOME Funds, in the amount of $640k, for construction of The Lenox in partnership with The Lenox Limited Partnership for the sole purpose of a GA Department of Community Affairs (DCAs) Low Income Housing Tax Credit Project only. Background:Project Overview Information HCD derived inspiration for this projects name from a grand theater known as the Lenox Theatre. o The Lenox Theatre was a premiere all-African American venue that bypassed the segregated oppression of the Jim Crow era and provided stellar entertainment from the likes of Ray Charles, Ethel Waters, and our very own Godfather of Soul. A fledgling Mr. Brown won his first talent contest singing “So Long.” The Lenox Theatre may no longer be standing, but its soul-vibe is alive. Soul starts here. o While many Augusta theaters through the early decades of the 1900s offered seating for black patrons in the back, there was one place where black folks could sit front and center for the latest shows and movies – The Lenox Theatre on the 1100 block of Ninth Street. Source: Augusta Chronicle Staff Writer (11/29/20) Developer performed an itemization queried search (as due diligence) to be sure the chosen name did not class with another development (of the same name) in the community, efforts were successful here. HCD believes that the GA Department of Community Affair’s (DCAs) approval of said project would a) render/bring on-line an immediate an impactful volume of much needed affordable housing rental units to the Laney Walker Community, b) moves to eradicate blight/vacancy against 1.53 acres via a corridor that holds significant developmental promise now and the coming years, and c) speaks to/begins multi-family revitalization of an Augusta, GA historic area. This development would be a mixed used (housing + commercial) affordable apartment development. This development would not be a public housing project. This development’s total development costs (TDC) is $16.0M. HCDs potential commitment (contingent upon DCA application approval) would be a loan of $640,000 (HOME Funds) @ 1% AFR, 20 years (w/ 30-year amort.). HCDs commitment would be 1% of Total Development Costs If tax credits are awarded, construction would start approximately Quarter1 2024 with an Quarter2 2025 Placed in Service Date. HOME funds would not be needed until 2024 and spread out evenly over 2024 and 2025 respectively. HOME funds would be used for all construction hard costs related to the 64-unit development. This development would have 20 units for persons 30% (or below) of the Area Median Income, 14 units for persons 60% (or below) of the Area Median Income, and 30 units for persons 80% (or below) of the Area Median Income thus making it an affordable development, and a win for Augusta, GA and the Laney Walker community (Augusta Housing Authority is committing 20 Project Based Vouchers). Property Location: Laney Walker Boulevard (tax map/parcel #: 046-4-766-00-0, 1.533 acres) Project Specific Information Woda Cooper Development, Inc. and Parallel Housing Inc. are proposing to develop The Lenox with 64 units for Family (general occupancy) in Augusta, Richmond County, Georgia. Woda Cooper Development, Inc., a top ranked national affordable housing developer from Columbus, Ohio, with its development office for the Southeast in Savannah, Georgia and Parallel Housing Inc., a non-profit sustainable affordable housing developer from Athens, Georgia, have successfully partnered together in several developments in Georgia. The Lenox will be a new construction 4-story building with elevator. The unit split will be 24 one-bedroom units, and 40 two-bedroom units; with a total of 64 units (57 affordable & 7 market rate). The 1.533 acre-site is ideal for an affordable mixed-used housing development and will help further historic revitalization onto this main street (Laney Walker Blvd) corridor. There will be 84 off street parking spaces in total. The Lenox will have an equipped computer room, a furnished fitness center and a central laundry facility. The leasing/management office will be prominently located at the main entrance of the building. The roof top terrace will be situated on the fourth floor with scenic views over historic downtown Augusta. The development will also have 4,000 sf of commercial space on the ground floor facing Laney Walker Blvd that can subdivided into 3-5 units. The residential units will offer quality amenities such as high efficiency HVAC, range, refrigerator, dishwasher, microwave oven, washer/dryer hookups, LVT flooring, window blinds, and ceiling fans. The site location is perfect for such development and the 2022 market studies ordered disclose a strong demand for affordable housing in Augusta. The development is within the boundaries of the Downtown Redevelopment Plan. It is also within a QCT. The Lenox has a full range of amenities nearby, along the vibrant Laney Walker Blvd corridor. Close to Augusta’s historical downtown, including restaurants, banks, churches, medical facilities, pharmacy, and other retail stores all within a mile from this location. The development team is experienced in building sustainable developments and all their developments in Georgia have obtained LEED for Homes Gold or Platinum certifications or built to the Department of Energy’s Zero Energy Ready Home standards. This development will comply with the LEED for Homes program. Developer Information Woda Cooper Companies, Inc.: Formed in 1990 Privately owned by Jeff Woda and David Cooper Headquarters: Columbus, Ohio. Regional office in Savannah Office (Denis Blackburne, Senior VP) Develop multifamily housing in 15 states Developed 350+ properties Focus on affordable/workforce housing Industry leader, consistently among top 15 developers nationally, currently ranked 10th Manage over 13,500 units Long-term owners (only ever sold one property) Parallel Housing, Inc. Non-profit 501 (c) 3 organization based out of Athens, Georgia 19 years’ experience in the Georgia affordable housing market • Gregg Bayard, Executive Director Mission is to provide energy efficient, sustainable affordable housing to communities in need First LEED Certified affordable housing development in the southeast (Sustainable Fellwood in Savannah) Also partnered with Woda Cooper in developments in Kentucky, and currently working on possibilities in South Carolina and Iowa Year Credits Awarded by DCA Development Name Location Construction Type Tenant Base Number of Units 2016 Adair Court Atlanta New Constr. Senior 91 2015 Mallalieu Pointe East Point New Constr. Multifamily 67 2014 Silver Lakes Madison New Constr. Senior 44 2003 Stanton Oaks Atlanta Rehab Multifamily 43 2010 Harmony Greene Pooler New Constr. Multifamily 50 2003 Montgomery Landing Savannah New Constr. Multifamily 110 2007 Sustainable Fellwood I Savannah New Constr. Multifamily 140 2009 Sustainable Fellwood III Savannah New Constr. Senior 100 2009 Sustainable Fellwood II Savannah New Constr. Multifamily 110 Together Woda Cooper and Parallel Housing have developed the following properties in Georgia 2 other properties are currently under construction: Canaan Crossing in Madison (60 townhome units) and Stanton Park in Atlanta (56 Multifamily units) Analysis:Motion to approve HCD's request to develop affordable housing units and commercial space (for small business access) on Laney Walker Blvd, the heartbeat of the Laney Walker/Bethlehem area. Financial Impact:HCD is committed to providing The Lenox development loan funding in the amount of Six Hundred Forty Thousand and 00/100 Dollars ($640,000.00) via our HOME Investment Partnerships Program (50% in 2024 & 50% in 2025). Additionally, please be advised that, 100% of this funding is being committed to The Lenox, L.P. as a loan for 20 years at one percent (1%) interest per annum (loan will be amortized over the 30 years) and will take second position to bank debt. This commitment is contingent upon DCA’s application approval. Alternatives:Deny HCDs Approval Request Recommendation:Motion to approve HCDs request to loan HOME Funds, in the amount of $640k, for construction of The Lenox in partnership with The Lenox Limited Partnership for the sole purpose of a GA Department of Community Affairs (DCAs) Low Income Housing Tax Credit Project only. Funds are Available in the Following Accounts: Home Project Funds: GL Code: 2210732120-5225110 REVIEWED AND APPROVED BY: Commission Meeting Agenda 10/4/2022 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: